As proffered by Governor Andrew Cuomo in his proposed 2019 budget, payment of certain business tax credits, including those under the New York State Brownfield Cleanup Program (“BCP”), would be deferred for three years for those claiming more than a
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Latest from Phillips Lytle LLP - Page 8
Almost All U.S. States Will Have Data Breach Laws
South Dakota is the latest state to add notice requirements for data breaches, mandating notice within 60 days of the breach. Like many others before it, South Dakota armed the mandate with steep monetary penalties of up to $10,000 per day,…
New York Extends Compliance Date for DER Providers
Following a series of extensions, the New York Public Service Commission (“Commission”) has once again extended the deadline for Community Distributed Generation (“CDG”) and on-site mass market distributed generation (“DG”) providers to file a completed registration package in conformance with…
DEC P Site Program Coming into View
Real estate and other transactions often involve property that has perceived environmental concerns. There can also be parcels that have modest known environmental impacts as well, however they do not make sense for either the New York State Superfund (“Superfund”)…
New York Department of Financial Services Issues Cybersecurity Regulation Notices
The Department of Financial Services (“DFS” or “Department”) has issued notices to entities and licensees that it believes have failed to file a Certification of Compliance (“Certification”) pursuant to the Department’s Cybersecurity Regulation (“Regulation”). The Regulation required all DFS-regulated entities…
Registration Deadline for Distributed Energy Resource Providers
The Public Service Commission’s (“PSC” or “Commission”) recently enacted Uniform Business Practices for Distributed Energy Resource Suppliers (“UBP-DERS”) Order establishes multiple tiers of regulatory oversight based on the characteristics of a DER provider’s business model. For entities engaged in residential sales…
DEC to Exercise Enforcement Discretion over Problematic Part 360 Provisions
By Luke Donigan
The New York State Department of Environmental Conservation (“DEC”) recently issued an enforcement discretion letter stating that it will exercise its enforcement authority with respect to certain provisions of the recently revised Solid Waste Management Program. As we previously reported…
Need a Break from Excessive Zero Emissions Compliance Payment Obligations? You Have Options.
New York Public Service Commission Creates Opportunity for Relief from Expensive “Zero Emissions Compliance” Payments in Cases of Substantial Hardship
New York’s Clean Energy Standard (“CES”) requires, among other things, each Load Serving Entity (“LSE”) to purchase Zero Emission Credits…
SEC Issues Guidance on Cybersecurity Disclosures
On February 21, 2018, the U.S. Securities and Exchange Commission (“SEC”) issued updated guidance to assist public companies with disclosure obligations under the federal securities laws relating to cybersecurity risks and incidents (“Guidance”). In addition to expanding upon the SEC’s…
New York Expands Size Cap to 5MW for Eligible Distributed Energy Resources
On February 22, 2018, the New York Public Service Commission (“PSC”) issued an order (“Expansion Order”) expanding the size cap on projects eligible to receive compensation under the State’s Value of Distributed Energy Resources (“VDER”) tariff from 2MW to 5MW.…