Since the New York State Public Service Commission (“Commission”) first authorized the Community Distributed Generation (CDG) program in 2015, CDG Sponsors—the entities that organize, own and/or operate CDG projects—have faced an uphill battle in explaining the program, marketing it to
Renewable Energy Post
Renewable Energy Post, published by Phillips Lytle LLP, focuses on legal and regulatory developments affecting the renewable energy sector. The blog covers topics such as clean energy supply chains, government incentives like the Inflation Reduction Act, state climate policies including New York's Climate Leadership and Community Protection Act, and challenges in transitioning to renewable energy sources. It addresses issues related to energy project development, compliance with domestic content requirements, environmental impact regulations, and the economic implications of green energy initiatives. The blog also discusses the intersection of energy law with corporate, environmental, and public policy considerations relevant to renewable energy stakeholders.
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Reset 2.0?
Public Service Commission Resets Retail Energy Marketplace:
All ESCOs Required to Re-Register Under New Rules and Completely Revise Product Offerings
On December 12, 2019, the New York State Public Service Commission (“Commission”) voted to reset the retail energy marketplace by…
New York’s Landmark Climate Leadership and Community Protection Act Signed Into Law
The waning hours of the 2019 New York State legislative session saw both houses pass an extraordinary piece of legislation. The Climate Leadership and Community Protection Act (“Act”) requires the State to achieve a carbon-free electricity system by 2040 and…
New York Repeals ESCO Sales Tax Exemption for Businesses
On April 1, 2019, the State Legislature approved a $175.5 billion budget for 2019-2020, which, among other things, eliminates an important sales tax exemption that allowed certain commercial customers of Energy Service Companies (“ESCOs”) to receive electric and gas supply…
New York Transforms Energy Storage Economics
Throughout the first four years of New York’s Reforming the Energy Vision (“REV”) initiative, the precise role of energy storage has been unclear. There was no energy storage goal, only sparse incentives were available to spur development, the regulatory framework…
New York Public Service Commission to Create “Office of Investigations and Enforcement” to Centralize Compliance Regime
The New York Public Service Commission (“PSC”) appears to be creating a new Office of Investigations and Enforcement (“OIE”) and has posted a job listing for a Director of OIE (“Director”) who would report to the CEO of the Department…
EPA Proposes to Replace Clean Power Plan with Affordable Clean Energy Rule
On August 21, 2018, the Environmental Protection Agency (“EPA”) proposed a new rule which would replace the Obama-era Clean Power Plan (“CPP”) and establish new emissions guidelines for states to address greenhouse gas (“GHG”) emissions from electric-generating power plants. As…
Shaping Energy Policy to Meet Market Demands
By Luke Donigan
Recently, Phillips Lytle’s own Dennis Elsenbeck made an appearance on Spectrum News’ Capital Tonight program with host Liz Benjamin to discuss the energy landscape in New York and the economic impact of energy-related policy decisions. As the State legislative calendar…
New York State Seeks Proposals for Large-Scale Renewable Projects
New York State (“NYS” or “State”) is launching a second round of request for proposals (“RFPs”) for large-scale renewable projects. According to NYS Energy Research and Development Authority (“NYSERDA”), the State is seeking to accelerate progress to achieve the lofty…
State Budget Deal Maintains ESCO Sales Tax Exemption
Governor Andrew Cuomo’s proposed 2019 budget originally proposed the elimination of an important sales tax exemption that allows certain customers of Energy Service Companies (“ESCOs”) to receive electric and gas supply without paying transmission and distribution sales tax. Currently, nonresidential…