New York/EZ Policies
< New York
EZ Policies for New York
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|Policy||Place||Policy Type||Active||Implementing Sector||Summary|
|Air Resources: Prevention and Control of Air Contamination and Air Pollution, Air Quality Classifications and Standards, and Air Quality Area Classifications (New York)||New York: Energy Resources||Environmental Regulations||Yes||State/Province||These regulations establish emissions limits and permitting and operational requirements for facilities that may contribute to air emissions. General air quality standards and standards for specific contaminants are listed. The regulations list activities that are exempt from these permitting requirements and identify emissions standards for specific sources. The regulations also describe several budget trading programs active in New York State, including programs for NOx, SO2, and CO2 trading.|
|Anaerobic Digester Gas-to-Electricity Rebate and Performance Incentive (New York)||New York: Energy Resources||Performance-Based Incentive||Yes||State/Territory||NOTE: Previous Program Opportunity Notice (PON) 2276 has been replaced with PON 2828 with updated incentives. The program is now actively accepting applications until December 31, 2015 or until the funds are fully committed.
|City of Riverhead - Energy Conservation Device Permitting Fees (New York)||New York: Energy Resources||Green Building Incentive||Yes||Local||In 2006 the Town of Riverhead on Long Island enacted a special allowance in its building permit fee structure to provide a discount to people wishing to install energy conservation devices on residential or commercial buildings. The provision in the town code applies to any energy conservation device "installed in or on a structure which qualifies for any federal, state or local tax exemption, tax credit or tax rebate", but explicitly mentions solar panels as eligible for favorable treatment. The original law authorized a flat permitting fee of $150, which still generally applies, but the law was amended in December 2011 to create a "Fast-Track" process for residential systems that meet certain technical requirements (e.g., maximum roof loading, mounting orientation). The fee for Fast-Track applications is set at $50 and the process also entitles the applicant to expedited review (14 days). Applicants subject to review by the Landmarks Preservation Commission or the Architectural Review Board are not eligible for the Fast-Track process. Prior to the code revision permitting fees for solar panel installations often approached $1,000.|
|Climate Action Plan (New York)||New York: Energy Resources||Climate Policies||Yes||State/Province||In August of 2009 Governor David A. Paterson signed Executive Order No. 24 setting a goal to reduce greenhouse gas emissions in New York State by 80 percent below the levels emitted in 1990 by the year 2050. The Executive Order also created the New York Climate Action Council (CAC) with a directive to prepare a draft Climate Action Plan by September 30, 2010. The Climate Action Plan will assess how all economic sectors can reduce greenhouse gas (GHG) emissions and adapt to climate change. The Plan will also identify the extent to which such actions support New York’s goals for a clean energy economy. The CAC will draw on several advisory panels including an Integration Advisory Panel (IAP) made up of New Yorkers who will provide advice and assist the CAC in evaluating the best methods to achieve the Governor's GHG reduction goals and prepare New York communities and natural resources for the impacts of climate change. CAC representatives and IAP members will participate in Technical Work Groups (TWGs) representing the key sectors of the states' economy. Four technical work groups will focus on "mitigation" -- ways to reduce greenhouse gas emissions. A fifth TWG will address "adaptation" -- measures that will safeguard public health, the environment, and infrastructure from expected climatic changes. The work of the TWGs will inform the decision making of the CAC and the New York Climate Action Plan. In addition, the 2050 Visioning Advisory Panel will offer guidance and long-term perspective to the CAC, TWGs, and IAP on key design options available to achieve the Executive Order’s goal of a low-carbon, climate-change-resilient New York State by year 2050.|
|Community Development Block Grant/Economic Development Infrastructure Financing (United States)||United States: Energy Resources||Grant Program|
|Yes||Federal||Community Development Block Grant/Economic Development Infrastructure Financing (CDBG/EDIF) provides public infrastructure financing to help communities grow jobs, enable new business startups and expansions for existing businesses. State programs help achieve the national objective of CDBG by funding projects in which at least 51 percent of the new jobs created are made available to low and moderate income individuals. The maximum amounts awarded under the program are $1 million for new businesses locating to the state and $500,000 for existing businesses expanding in the state.|
|Delaware River Basin Commission (Multiple States)||Delaware: Energy Resources|
New Jersey: Energy Resources
Pennsylvania: Energy Resources
New York: Energy Resources
Siting and Permitting
|Yes||State/Province||The Delaware River Basin Commission (DRBC) is a federal-interstate compact government agency that was formed by concurrent legislation enacted in 1961 by the United States and the four basin states (Pennsylvania, New York, New Jersey, and Delaware). Its five members include the basin state governors and the Division Engineer, North Atlantic Division, U.S. Army Corps of Engineers, who serves as the federal representative. The commission has legal authority over both water quality and water quantity-related issues throughout the basin.
Much of the new drilling interest taking place in northeastern Pennsylvania and southern New York is targeted at reaching the natural gas found in the Marcellus Shale formation, which underlies about 36 percent of the Delaware River Basin.
In connection with natural gas drilling, the commission has identified three major areas of concern:
1) Gas drilling projects in the Marcellus Shale or other formations may have a substantial effect on the water resources of the basin by reducing the flow in streams and/or aquifers used to supply the significant amounts of fresh water needed in the natural gas mining process. 2) On-site drilling operations may potentially add, discharge or cause the release of pollutants into the ground water or surface water. 3) The recovered "frac water" must be treated and disposed of properly.
While the Delaware River itself is un-dammed, there are 13 dams within the basin that feed into the river. The Commission holds authority to approve any project that will have a substantial effect on the water resources of the basin.The Commission also has approval authority over energy projects that need to draw water from the basin, including coal plants, biomass plants, and natural gas extraction and power plants.
|Division of Water, Part 666: Regulation for Administration and Management of the Wild, Scenic and Recreational Rivers System in New York State Excepting Private Land in the Adirondack Park (New York)||New York: Energy Resources||Environmental Regulations||Yes||State/Province||This Act establishes statewide regulations for the management, protection, enhancement and control of land use and development in river areas on all designated wild, scenic and recreational rivers in New York State, except for private land in river areas within the Adirondack Park. The regulations specify that all new land use or development in river areas requires a permit, with some exceptions. The regulations define three classes of rivers (wild, scenic, and recreational) and set management rules specific to each. Some exemptions apply. The regulations specify that no new dams or waterway modifications can be constructed on any wild, scenic, or recreational rivers, and no new construction or operation of hydropower facilities is permitted on wild rivers. New hydropower facilities at existing dams on scenic and recreational rivers are allowed, pending certain requirements.|
|Division of Water, Part 673: Dam Safety Regulations (New York)||New York: Energy Resources||Safety and Operational Guidelines||Yes||State/Province||These regulations address dam safety, define dam hazard categories and inspection procedures, and apply to any owner of a dam. Dam owners are required to maintain dams in a safe condition at all times and to comply with Department inquiries for information on the status of a given dam.|
|Division of Water, Part 675: Great Lakes Water Withdrawal Registration Regulations (New York)||New York: Energy Resources||Environmental Regulations||Yes||State/Province||These regulations set forth requirements for the registration of water withdrawals and reporting of water losses from the Great Lakes Basin. The regulations apply to water withdrawals from facilities located in the Great Lakes basin in excess of 100,000 gallons per day averaged over any consecutive 30-day period and to water withdrawals that result in a water loss from the Great Lakes basin in excess of 2,000,000 gallons per day averaged over any consecutive 30-day period. Facilities which have a valid water supply or transport permit and hydroelectric facilities licensed by the Federal Energy Regulatory Commission are not subject to the registration requirements in these regulations.|
|Division of Water, Parts 660-661: Tidal Wetlands (New York)||New York: Energy Resources||Environmental Regulations||Yes||State/Province||These regulations require permits for any activity which directly or indirectly may have a significant adverse effect on the existing condition of any tidal wetland, including but not limited to any form of draining, dredging, excavation and removal, either directly or indirectly; any form of dumping, filling or depositing, either directly or indirectly; erection of any structures or construction of any roads, the driving of any pilings or placing of any other obstructions, whether or not changing the ebb and flow of the tide. The regulations allow only those uses of tidal wetlands and areas adjacent thereto that are compatible with the preservation, protection and enhancement of the present and potential values of tidal wetlands that will protect the public health and welfare, and that will be consistent with the reasonable economic and social development of the State. The regulations list land use guidelines and permit requirements in tidal wetland areas|
|Division of Water, Parts 662-665: Freshwater Wetlands (New York)||New York: Energy Resources||Environmental Regulations||Yes||State/Province||No person may alter any freshwater wetland or adjacent area without having first submitted an application and obtained an interim permit for the alteration from the department. Some exemptions apply. The regulations list procedures for acquiring permits and procedures used in classifying areas as freshwater wetlands. The Department of Environmental Conservation is responsible for classifying and mapping such areas, with the exception of lands in Adirondack Park, where the Adirondack Park Agency is responsible.|
|Division of Water, Parts 670-672: Reservoir Releases Regulations (New York)||New York: Energy Resources||Environmental Regulations||Yes||State/Province||Water releases from New York State reservoirs are subject to monitoring and regulation; these sections establish rules for the Schoharie, Shandaken Tunnel-Esopus Creek, Cannonsville, Pepacton, Neversink, Ashokan, Kensico, Rondout, Croton System (Boyds Corner, West Branch, Bog Brook, East Branch, Middle Branch, Croton Falls, Cross River, Titicus, Amawalk, Muscoot and New Croton), Mongaup System (Toronto, Swinging Bridge, Cliff Lake, Rio), East Sidney Lake, Sleepy Hollow Lake, Cooper Lake, and Sturgeon Pond reservoirs. The purpose of regulating such releases of water is to protect and enhance the recreational use of the rivers and streams affected by those releases, while ensuring, and without impairing, an adequate supply of water for power production or for any municipality which uses water from such reservoirs for drinking and other purposes.|
|Division of Water, Parts 700-750 and Parts 800-941: Classes and Standards of Quality and Purity (New York)||New York: Energy Resources||Environmental Regulations||Yes||State/Province||These sections describe general standards of water quality and purity as well as standards for specific water bodies (Parts 800-941). The regulations provide classifications for different types of waters and set standards for each. Standards include prohibitions on the discharge of certain substances and “best use” guidelines, as well as criteria for water purity, temperature, and allowable discharges. Part 704 (http://www.dec.ny.gov/regs/4589.html) refers specifically to allowable thermal discharges.|
|Economic Development Fund (New York)||New York: Energy Resources||Loan Program||Yes||State/Province||Empire State Development operates the Economic Development Fund, which offers financial assistance to businesses that create or retain business activity and jobs. The program can provide financing and a range of assistance to businesses, municipalities, IDAs, and other economic development organizations, and the funds can be used for working capital, training, equipment, construction, and a variety of other costs.|
|Electric Power Transmission and Distribution (EPTD) Smart Grid Program (New York)||New York: Energy Resources||Grant Program||Yes||State/Province||Up to $10 million in funds is available from NYSERDA to support research and engineering studies, product development and demonstration projects that improve the reliability, efficiency, quality, and overall performance of the electric power delivery system in New York State. The primary objective of the program is to promote the development of a smart grid that accommodates a diverse supply of generation resources, enhances overall grid performance and enables customers to reduce costs, energy consumption, and environmental impacts. Preferred technologies include distributed energy resources integration, grid scale energy storage, and renewable energy integration.|
|Employment Incentive Credit (New York)||New York: Energy Resources||Corporate Tax Incentive||Yes||State/Province||The Employment Incentive Credit is through the New York State Department of Taxation and Finance based on the same qualifying investment for the ITC. The credit is equal to 1.5% to 2.5% of investment based on increased employment over the year prior to investment. The unused credit may be carried forward for 15 years.|
|Energy Conservation Improvements Property Tax Exemption (New York)||New York: Energy Resources||Property Tax Incentive||Yes||State/Territory||Qualifying energy-conservation improvements to homes are exempt from real property taxation to the extent that the addition would increase the value of the home. The exemption includes general municipal property taxes, school district taxes, and special ad valorem taxes, but does not apply to special assessments. Eligible properties include single-family to four-family dwellings. The exemption applies directly to a variety of equipment and measures, but the statute also states that any conservation-related state or federal tax credit or deduction is also exempt from New York's property tax under this statute. The state Tax Assessor's Manual also specifically identifies solar and wind energy systems as eligible for the exemption.|
|Environmental Disclosure Program (New York)||New York: Energy Resources||Generation Disclosure||Yes||State/Territory||The New York Public Service Commission (PSC) requires all electric utilities, energy service companies, jurisdictional municipal electric utilities and jurisdictional cooperative electric utilities to disclose details regarding the fuel mix and emissions of the supplier’s electric generation to customers. This information must be provided to retail customers in a standard format every 6 months. The PSC created New York’s Environmental Disclosure Program via an order issued in December 1998. This program has been modified several times since it was established. A November 2008 PSC order reduced the frequency of the calculation of fuel mix and emissions data to once annually (the calendar year), but maintained the provision requiring customer disclosure of that data every six months.|
|Excelsior Jobs Program (New York)||New York: Energy Resources||Corporate Tax Incentive||Yes||State/Province||The Excelsior Jobs Program provides a tax credit to businesses that make significant capital investments or create jobs in clean-tech and other strategic industries. Businesses may apply for up to 4 new tax credits (jobs tax credit, R&D tax credit, real property tax credit, investment tax credit), and the program costs are capped at $500 million. The credits are based on the number of jobs created, the size of the investment, and the strategic industry.|
|Forestry Policies (New York)||New York: Energy Resources||Environmental Regulations||Yes||State/Province||New York has nearly 19 million acres of forested land, about 63 percent of the states land area. These lands are managed by the State Department of Environmental Conservation. The Department issued its Forest Action Plan in 2010, which includes discussion of sustainable markets and the promotion of forest products for energy uses by focusing on technical assistance, favorable policies and incentives:
New York State is a member of the Regional Greenhouse Gas Initiative, which has implemented a carbon cap and trade system. Each member state determines their own definition of "sustainably harvested biomass", and the New York Department of Environmental Conservation has defined this to restrict forest residues to those from forests which will remain forests long enough to sequester the carbon dioxide released through combustion of the removed biomass:http://www.dec.ny.gov/energy/65141.html
|Fuel Cell Rebate and Performance Incentive (New York)||New York: Energy Resources||Performance-Based Incentive||Yes||State/Territory||Note: ''The eligibility requirement was revised in October 2013 which requires large fuel cell systems to provide grid independent operating to priority loads** during periods of grid outage.
|Gas Utilities (New York)||New York: Energy Resources||Safety and Operational Guidelines||Yes||State/Province||This chapter regulates natural gas utilities in the State of New York, and describes standards and procedures for gas meters and accessories, gas quality, line and main extensions, transmission and distribution, inspection and maintenance of relevant facilities, rates and charges, and records and reports.|
|Great Lakes-St. Lawrence River Basin Water Resources Compact (multi-state)||Illinois: Energy Resources|
Indiana: Energy Resources
Minnesota: Energy Resources
New York: Energy Resources
Ohio: Energy Resources
Ontario: Energy Resources
Pennsylvania: Energy Resources
Quebec: Energy Resources
Wisconsin: Energy Resources
|Environmental Regulations||Yes||State/Province||This Act describes the management of the Great Lakes - St. Lawrence River basin, and regulates water withdrawals, diversions, and consumptive uses from the basin. The Act establishes a Council, which is responsible for water conservation and efficiency programs and reviewing proposed projects. Projects which may lead to new or increased water diversions are limited; exceptions are described in this statute. More information can be found on the website of the Council: http://www.glslcompactcouncil.org/|
|Green Residential Building Program (New York)||New York: Energy Resources||State Rebate Program||No||State/Territory||Note: As of May 2, 2012, NYSERDA is no longer accepting Incentive Reservation Forms (IRFs). Owners that submitted an IRF prior to this date but did not receive an approval notice will be placed on a wait list, and will be notified if additional funding becomes available.|
The Green Residential Building Program, administered by the New York State Energy Research and Development Authority (NYSERDA), offers incentives to residential building owners for the construction or substantial renovation of buildings that are built or permanently sited in New York State and meet certain green building requirements. The program is available to owners of buildings with 1 - 11 residential dwelling units that meet the minimum green building requirements and have a Certificate of Occupancy or Certification of Completion dated between January 1, 2010 and October 30, 2013.
An eligible building owner may be the developer or builder if the developer or builder holds title to the building on the date a Certificate of Occupancy is issued. The definition of what constitutes a substantial renovation is detailed, but in basic terms requires a whole building approach that involves building envelope improvements, installation or replacement of at least two of three major building systems (electrical, plumbing, and HVAC), and equipment (e.g., lighting, appliances) that meet or exceed program efficiency requirements.
Incentives under the program are offered at up to $3.75 per qualified occupied square foot but are capped according to the number of units in the building. Maximum incentives range from $5,125 for single family dwellings, up to $13,375 for an 11-unit multi-family residential dwelling. Building owners may receive up to $120,000 through the program per calendar year.
In order to qualify for incentives, buildings must meet the following requirements:
Builders or contractors of residential green homes must have prior green building experience, hold professional certification in green building, or have completed a green building professional training course approved by NYSERDA. Owners apply for incentives once the building is substantially completed, a Certificate of Occupancy or a Certificate of Completion is issued, and the building has been certified under one of the qualified rating programs.The program is funded by money raised through the auction of carbon emission allowances under the Regional Greenhouse Gas Initiative (RGGI). Applications will be accepted on a first-come, first-served basis through October 30, 2013 or until program funding is exhausted. The most recent NYSERDA RGGI Operating Plan does not contain specific levels of future funding for the program, but does indicate an intent to provide up to $2 million annually if sufficient revenue from emission auctions is available. Please visit the program web site or contact program managers for additional information.
|Guidance for Local Wind Energy Ordinances (New York)||New York: Energy Resources||Solar/Wind Permitting Standards||Yes||State/Territory||Note: The documents described in this summary were designed to provide guidance to local governments that wish to develop their own siting rules for wind turbines. While they were developed under contract with the New York State Energy Research and Development Authority (NYSERDA), a state agency, none of the documents themselves have any legal or regulatory authority.
The New York State Research and Development Authority (NYSERDA) has created a wind energy toolkit to provide information on various aspects of wind energy development and to help communities that are interested in wind energy development prepare for the issues that they might encounter. This toolkit includes information related to wind energy siting and the different methods that communities may use to integrate provisions for wind development into their existing laws. Separate sections address comprehensive planning for wind, and options for wind energy ordinances.
Comprehensive Planning: Comprehensive plans proactively guide a community's future growth and development, including the development and use of local natural resources such as wind energy. The NYSERDA guidance document identifies four important components of a comprehensive plan: a resource inventory describes the nature and extent of local wind resources; an analysis of competing land uses, needs, and how wind development effects these other priorities; a statement of broad community development goals and specific objectives associated with those goals; and, an action strategy containing specific recommendations.
Wind Ordinance Options: This document describes the variety of review options (e.g., special use, permitted use, accessory use, etc.) that communities may use to evaluate wind projects, zoning considerations for wind, and the different issues that might be addressed as part of a zoning ordinance.The program website contains additional information on wind energy siting in New York as well as an extensive compilation of wind energy related information for all types of project stakeholders.
|Home Performance with ENERGY STAR (New York)||New York: Energy Resources||State Loan Program||Yes||State/Territory||NYSERDA offers 10% discount and additional low-interest financing options to NY State homeowners to improve the energy efficiency of their homes.
Participants in the financing programs remain eligible for other incentives offered by utilities or by NYSERDA, including and the NYSERDA Assisted Home Performance with ENERGY STAR. For further information on this program, please consult the program website(s) or use the contact information provided below.
|Home Performance with Energy Star High Efficiency Measure Incentive (HEMI) (New York)||New York: Energy Resources||State Rebate Program||Yes||State/Territory||The New York State Research and Development Authority (NYSERDA) offers an incentive for homeowners of 1-4 homes that participate in the Home Performance with Energy Star program. The program entitles the participant to a rebate of 10% of the cost of qualified Home Performance improvements up to a maximum of $3,000. The incentive may be combined with financing offered through the Green Jobs-Green New York (GJGNY) Financing Program. Customer and measure eligibility for the up-front High Efficiency Measure Incentive (HEMI) is slightly different than that for other Home Performance incentives (e.g., the GJGNY financing program). In terms of improvement eligibility, the HEMI is not available for some measures, including solar water heating, geothermal heat pumps, and wood pellet stoves. With respect to customer eligibility, it is available only to electric and gas customer's of the state's major investor-owned utilities (IOUs), gas customers of National Grid Long Island, and statewide for oil and propane customers. Please see the NYSERDA List of Eligible Measures and Accessories on the program web site for further details.
To initiate the program, a Comprehensive Home Assessment (CHA) must be performed by an approved Building Performance Institute (BPI) certified contractor, which may cost a small fee. In many cases the customer will be eligible for a reduced or no-cost home assessment based in part on their income level. After the CHA is performed, the borrower will work with the contractor to decide what improvements should be made. The list of possible improvements varies from home to home, but could include a variety of HVAC measures, improved sealing and insulation, appliance replacements, and lighting upgrades. For any improvements and replacement appliances, the borrower will sign a customer contract defining the improvements that will be made, costs, and payment terms. Following completion of the work, a Certificate of Completion will be sent to the program administrator for review and approval prior to the issuance of an incentive payment.For further information on this program, please consult the program website or use the contact information provided below.
|Interconnection Standards (New York)||New York: Energy Resources||Interconnection||Yes||State/Territory||New York first adopted uniform interconnection standards in 1999 (see history below). The Standard Interconnection Requirements (SIR) have subsequently been amended several times since, most recently with the adoption of far reaching revisions in February 2009. Several more minor revisions necessitated by changing net metering laws have taken place since that time. Most recently, amendments were made to the SIR in March 2013 in order to simplify and expedite the interconnection application and review process, and to adopt changes made to net metering law in 2012. The SIR rules apply to systems up to two megawatts (MW) in capacity located in the service area of one of New York's six investor-owned local electric utilities: Central Hudson Gas and Electric, Consolidated Edison (Con Edison), New York State Electric and Gas, Niagara Mohawk (d/b/a National Grid), Orange and Rockland Utilities, and Rochester Gas and Electric.
The SIR addresses technical guidelines for interconnection and application procedures, with two separate sets of interconnection procedures and processes.
Expedited Process: As amended in 2013, systems up to 50 kW are eligible for a simplified or expedited six-step process. Systems up to 300 kW may be eligible for this provided that the inverter based system is UL 1741 certified and tested. Systems proposed to be installed in underground network areas may be required to submit additional information and may subject to a longer review process. Systems of 50 kW or less are not charged an application fee.
Basic Process: All systems larger than 50 kW up to 2 MW, and systems between 50 kW and 300 kW that have not been certified and tested in accordance with UL 1741, applicants must use the basic 11-step process for interconnection.
Both processes cover the initial inquiry to final utility acceptance for interconnection and include interconnection timelines, responsibility for interconnection costs, and procedures for dispute resolution. The appendices contain a standard contract and standard application forms. Utilities are also required to maintain a web-based system for providing information on the status of interconnection requests to customers and contractors. The SIR contain minimum content requirements for this information system, and also require that utilities offer a web-based application process for systems of 25 kW or less.
New York was the second state to adopt uniform interconnection standards for distributed generation (DG) systems. The New York Public Service Commission (PSC) originally adopted Standard Interconnection Requirements (SIR) for systems up to 300 kilowatts (kW) in capacity in December 1999. However, because of concerns over some of the burdensome procedural issues, the PSC amended its rules in November 2002. These changes streamlined the application process, and provided a more ordered progression for the study and review phases of the procedure. Subsequently, in November 2004 the PSC issued an order further modifying the SIR by increasing the maximum capacity of interconnected systems from 300 kW to 2 megawatts (MW) and expanding interconnection to the state's area networks, which serve parts of large, urban areas (including New York City).
|Interstate Mining Compact Commission (multi-state)||Alabama: Energy Resources|
Arkansas: Energy Resources
Illinois: Energy Resources
Indiana: Energy Resources
Kentucky: Energy Resources
Louisiana: Energy Resources
Maryland: Energy Resources
Missouri: Energy Resources
New York: Energy Resources
North Carolina: Energy Resources
North Dakota: Energy Resources
Ohio: Energy Resources
Oklahoma: Energy Resources
Pennsylvania: Energy Resources
South Carolina: Energy Resources
Tennessee: Energy Resources
Texas: Energy Resources
Virginia: Energy Resources
West Virginia: Energy Resources
|Safety and Operational Guidelines|
Siting and Permitting
|Yes||State/Province||The Interstate Mining Compact is a multi-state governmental agency / organization that represents the natural resource and related environmental protection interests of its member states. Currently, 23 states are members to the compact, and 6 additional states are associate members. The compact is administered by the Interstate Mining Compact Commission, which does not possess regulatory powers but “provides a forum for interstate action and communication on issues of concern to the member states” and thus aids the development of effective regulatory programs and environmental protection initiatives. The Commission exercises several powers on behalf of the states, all of which are of a study, recommendatory or consultative nature. The Commission does not possess regulatory powers, as some Compacts do. The Commission provides a forum for interstate action and communication on issues of concern to the member states. It is the potential to stimulate the development and production of each state's mineral wealth through effective regulatory programs that draws many of the states together in the prosecution of the Commission's work. Given the environmental sensitivities associated with this objective, a significant portion of the Commission's work is dedicated to the environmental protection issues naturally associated with this mineral development. It is the significant value and clout that comes from "compacting" together and speaking with a strong, united voice that can make a difference in each state's efforts to implement effective regulatory programs that will conserve natural resources and secure a vibrant state (and thus national) mineral economy.|
|Interstate Oil and Gas Conservation Compact (Multiple States)||Alabama: Energy Resources|
Alaska: Energy Resources
Arizona: Energy Resources
Arkansas: Energy Resources
California: Energy Resources
Colorado: Energy Resources
Florida: Energy Resources
Georgia: Energy Resources
Idaho: Energy Resources
Illinois: Energy Resources
Indiana: Energy Resources
Kansas: Energy Resources
Kentucky: Energy Resources
Louisiana: Energy Resources
Maryland: Energy Resources
Michigan: Energy Resources
Mississippi: Energy Resources
Montana: Energy Resources
Nebraska: Energy Resources
Nevada: Energy Resources
New Mexico: Energy Resources
New York: Energy Resources
North Dakota: Energy Resources
Ohio: Energy Resources
Oklahoma: Energy Resources
Pennsylvania: Energy Resources
South Dakota: Energy Resources
Texas: Energy Resources
Utah: Energy Resources
Virginia: Energy Resources
West Virginia: Energy Resources
Wyoming: Energy Resources
|Environmental Regulations||Yes||State/Province||The Interstate Oil and Gas Compact Commission assists member states efficiently maximize oil and natural gas resources through sound regulatory practices while protecting the nation's health, safety and the environment.
The Commission serves as the collective voice of member governors on oil and gas issues and advocates states' rights to govern petroleum resources within their borders.
The Commission formed the Geological CO2 Sequestration Task Force, which examines the technical, policy and regulatory issues related to safe and effective storage of CO2 in the subsurface (depleted oil and natural gas fields, saline formations and coal beds).
The Commission also funds research on hydraulic fracking, reusing water used in extracting oil and gas, and makes recommendations on national energy policies and statutes for individual states.The Commission also has several associate states: North Carolina, South Carolina, Georgia, Tennessee, Missouri, Idaho, Oregon and Washington. In addition, it has international affiliations with the Canadian provinces of Alberta, British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, Saskatchewan, and the Yukon.
|Lake George Park Commission: Stormwater Management (New York)||New York: Energy Resources||Environmental Regulations||Yes||State/Province||The Lake George Park Commission is a quasi-independent commission within the Department of Environmental Protection that is responsible for environmental conservation in the Lake George Park area. The Commission has established guideline regulations for local stormwater management. The regulations are designed to prevent any increase in stormwater runoff from any development in order to reduce flooding, siltation and streambank erosion; to prevent any increase in pollution caused by stormwater runoff from development which would otherwise degrade the quality of water in Lake George and its tributaries and render it unfit for human consumption, interfere with water based recreation or adversely affect aquatic life; and to ensure that the total annual volume of surface water runoff which flows from any specific site during and following development shall not exceed that which prevailed prior to development. The regulations require permits to be obtained prior to development, construction, or land clearing within the Lake George Park and list standards to be followed by current developments. Some exemptions may apply.|
|Loans for Refinancing Debt (New York)||New York: Energy Resources||Loan Program||Yes||Non-Profit||NYBDC provides Loans for Refinancing Debt. It can refinance up to 80% of the value of the business’s collateral, and the repayment period is tied to the assets’ viability. The program has a high loan to value ration and a long repayment schedule.|
|Local Option - Municipal Sustainable Energy Programs (New York)||New York: Energy Resources||PACE Financing||Yes||State/Territory||Note: In 2010, the Federal Housing Finance Agency (FHFA), which has authority over mortgage underwriters Fannie Mae and Freddie Mac, directed these enterprises against purchasing mortgages of homes with a PACE lien due to its senior status above a mortgage. Most residential PACE activity subsided following this directive; however, some residential PACE programs are now operating with loan loss reserve funds, appropriate disclosures, or other protections meant to address FHFA's concerns. Commercial PACE programs were not directly affected by FHFA’s actions, as Fannie Mae and Freddie Mac do not underwrite commercial mortgages. Visit PACENow for more information about PACE financing and a comprehensive list of all PACE programs across the country.|
Property-Assessed Clean Energy (PACE) financing effectively allows property owners to borrow money to pay for energy improvements. The amount borrowed is typically repaid via a special assessment on the property over a period of years. In 2009 New York enacted two separate bills -- A.B. 8862 in August and A.B. 40004A in November -- authorizing local governments to offer these types of programs using different mechanisms. Although some similarities exist between the two authorizations, the latter is generally much broader in scope and allows for a more versatile set of local programs than the former. (Not all local governments in New York offer PACE financing; contact your local government to find out if it has established a PACE financing program.)
In a characteristic unique to New York, the law integrates towns' ability to offer these programs into existing provisions under which towns create refuse and garbage improvement districts and collect fees for the provision of these services. The law specifically allows for programs that are designed for "the prevention or reduction of waste matter consisting of carbon components or energy waste from residential properties and the performance of energy audits and the purchase and installation of energy efficiency improvements on such residential properties." Solar thermal technologies are considered an eligible energy efficiency improvement for the purpose of such programs. The law itself appears to be modeled after the Long Island Green Homes Program which uses the same program structure. The Long Island Green Homes program was initiated in 2008 by the Town of Babylon.
|Local Option - Real Property Tax Exemption for Green Buildings (New York)||New York: Energy Resources||Property Tax Incentive||Yes||State/Territory||In July 2012 New York enacted legislation allowing municipal corporations to exempt green buildings from real property taxes. It is important to note that this law allows but does not require local governments to extend favorable property tax treatment to green buildings. In order for the exemption to apply, a municipal corporation must first adopt an ordinance this effect.
|Local Option - Solar, Wind & Biomass Energy Systems Exemption (New York)||New York: Energy Resources||Property Tax Incentive||Yes||State/Territory||Note: In pursuant to S.B. 07026, the expiration deadline for the eligible renewable energy projects have been extended to 01/01/2025.
Eligibility definitions and guidelines solar, wind-energy, and farm waste energy equipment have been issued by the New York State Research and Development Authority (NYSERDA) and are available above or on the program website.
|Long Island Power Authority - Net Metering (New York)||New York: Energy Resources||Net Metering||Yes||Utility||: Note: In October 2012 the LIPA Board of Trustees adopted changes to the utility's net metering tariff that permit remote net metering for non-residential solar and wind energy systems, and farm-based biogas and wind energy systems. It also adopted a measure to increase the aggregate net metering cap for solar, agricultural biogas, residential micro-CHP and fuel cells from 51.2 MW to 150 MW. The change in the general aggregate net metering cap does not affect the 15.3 MW cap specific to wind energy systems. Please see the full tariff change proposal for further details.
In August 2012 New York enacted legislation (A.B. 9560) expanding remote net metering to include agricultural and non-residential micro-hydroelectric systems. Though LIPA's net metering policy is not governed by the state net metering law, the provisions are designed to mimic state law. Amendments to state law typically result in equivalent amendments to LIPA's net metering tariff.
In January 2009, the Long Island Power Authority (LIPA) made significant changes to its net metering policy that extended net metering to non-residential customers; expanded system size limits for residential and farm-service customers; and dramatically increased the capacity limit on overall enrollment. Prior to these revisions, net metering was only available for residential photovoltaic (PV) systems of 11 kW or less, residential wind systems of 27.5 kW or less, and farm-service wind systems of 137.5 kW or less. The rules have been updated multiple times, most recently in October 2012, to remain consistent with the evolving terms of the New York State net metering law.
Under the most recent revisions, net metering is available for residential, non-residential, and farm-service PV and wind energy systems, farm-service , and residential micro-CHP and fuel cell systems. Eligible systems are subject to the following system capacity limits:
Net metering will be made available until overall solar, agricultural biogas, residential micro-CHP and fuel cell system enrollment reaches 150 MW and overall wind enrollment reaches 15.3 MW (0.3% of 2005 peak electric demand) although the utility may expand this limit at its discretion. The 150 MW limit for non-wind systems represents such a change, as the former limit was set at 51.2 MW, or 1% of utility's 2005 peak demand.
Net metering is generally accomplished using a single bi-directional meter, although other arrangements are possible for hybrid systems that combine a solar or wind energy system with an agricultural biogas, micro-CHP, or fuel cell system. For solar, wind, and anaerobic digester systems, net excess generation (NEG) is carried forward from month to month at the customer's retail electricity rate. Excess NEG left over at the end of a 12-month period is purchased by LIPA at the seasonal (winter/summer) avoided cost rates. For residential micro-CHP and fuel cells, NEG is purchased on a monthly basis at the avoided cost rate and any resulting credits carry forward indefinitely.
In October 2012 LIPA adopted tariff changes allowing eligible farm-based and non-residential customer-generators to engage in "remote" net metering of solar, wind, and farm-based biogas systems. The law permits eligible customer-generators to designate net metering credits from equipment located on property which they own or lease to any other meter that is located on property owned or leased by the customer that is within the LIPA service territory and same load zone as the net metered facility. Credits will accrue to the highest use meter first, and as with standard net metering, excess credits may be carried forward from month to month. A change in New York state law enacted in August 2012 extends remote net metering to micro-hydroelectric customer-generators. As LIPA's net metering rules typically replicate state law, further tariff changes reflecting this change may be forthcoming.
Customers on tariffs that include demand charges will only be billed for the measured maximum kW demand actually supplied by LIPA during the billing period. Ownership of renewable energy credits (RECs) is not addressed in the net metering tariff; however, LIPA retains ownership of any RECs produced by systems that participate in the LIPA solar and wind energy rebate programs.
Residential and farm-service customers that install systems of 27.5 kW or less are not required to pay any interconnection charges. Farm-service customers that install larger systems are responsible for paying 50% of the applicable interconnection expenses, and non-residential customers are responsible for 100% of the cost of interconnection. Additional charges may apply in situations where the interconnection requires a dedicated transformer or additional safety equipment. Such charges are limited to $350 - $5,000 for most systems, but are based on actual costs without a limit for non-residential PV systems.All net metered systems must comply with the equipment and installation specifications contained in LIPA's Interconnection Guide for Independent Power Producers. These guidelines historically required the installation of a utility accessible external disconnect switch (EDS) for all systems. This contrasts with the New York Standard Interconnection Requirements (SIR) (SIR) for the state's investor-owned utilities, which exempt inverter-based facilities of 25 kW or less from the EDS requirement. In August 2011 New York enacted legislation (A.B. 5525) directing LIPA to conform to this portion of state SIR. LIPA's requirements were subsequently revised. Notably LIPA does not generally require customer-generators to obtain liability insurance for their systems (although they do encourage it). Under certain circumstances, LIPA may require customer-generators to meet additional performance and safety standards, perform additional system tests, or purchase liability insurance beyond that specified in the guide.
|Long Island Power Authority - PV Rebate Program (New York)||New York: Energy Resources||Utility Rebate Program||No||Utility||Note: As of August 30, 2013, LIPA has suspended the Solar Pioneer Residential Program. However, the utility plans to reopen the program on September 23 with $5 million pledged by New York State. See the web site above for more information. The summary below describes the program as it was in effect before the residential program was suspended.
Schools, not for profit, and government facilities receive higher rebates to help compensate for tax incentives available to residential and commercial customers. For the additional incentive, proof of non profit (501(c)3) or equivalent status is required and tax credits/depreciation cannot be applied for the PV installation. All equipment must meet the minimum technical, warranty, and installation requirements established by LIPA. The program has a $100 non-refundable application fee.
|Long Island Power Authority - Renewable Electricity Goal (New York)||New York: Energy Resources||Renewables Portfolio Standard||Yes||Utility||As a municipal utility, the Long Island Power Authority (LIPA) is not obligated to comply with the New York Renewable Portfolio Standard (RPS). The LIPA Board of Trustees has nevertheless decided to make their own renewable energy commitment mirroring the requirements for New York’s investor owned utilities. The initiative is outlined in LIPA’s 2004-2013 Energy Plan, approved in June 2004, and states an intention to comply with the state requirement that 25% of electricity generation come from renewable resources by 2013. For LIPA, this will entail an 8-10% increase in renewable energy procurement, met through periodic requests for proposals (RFPs) for renewable generation.
The technologies eligible for LIPA’s self-imposed RPS are identical to those specified under the New York State RPS. New renewable energy generation used to satisfy LIPA's goal may not be used to satisfy the state RPS (or vice versa), nor can it be considered part of a separate renewable energy program (e.g., green pricing or green market programs). This is to ensure that the renewable energy credits (RECs) generated for inclusion within the LIPA RPS are not “double counted” for the purpose of supplying another program. LIPA requires that both renewable electricity and RECs be delivered to Long Island in order to count under the renewables target.The LIPA 2010 - 2020 Resource Plan (see program web site above) adopted in February 2010 addresses how LIPA plans to achieve the commitments it has made to renewable energy. In January 2010, the New York Public Service Commission (PSC) increased the state RPS to 30% by 2015. According to current resource plan, LIPA has adopted the revised target as part of a plan to reach defined renewable energy goals.
|Long Island Power Authority - Wind Energy Rebate Program (New York)||New York: Energy Resources||Utility Rebate Program||Yes||Utility||Note: The program web site listed above is for the residential wind energy program; however, LIPA also offers incentives for non-residential wind energy installations.|
The Long Island Power Authority (LIPA) offers rebates to its residential and commercial electric customers -- including non-profits, schools, and governments -- for the installation of grid-connected wind energy systems. It is part of the broader LIPA Efficiency Long Island Program, which also offers residential and commercial incentives for energy efficiency improvements and solar energy systems. In order to qualify for an incentive, the electric customer must own the wind energy system; leased systems are not eligible for incentives.
As described above, the incentive for governments, schools, and non-profits is essentially the commercial incentive with an added $1.00 kWh bonus. All systems must come from LIPA's list of eligible wind energy systems and be installed in accordance with the applicable local, state, and national codes and standards, including the state of New York's standard interconnection requirements. All projects must be pre-approved by LIPA in order to qualify for a rebate, which will be paid in two phases. The first phase pays 65% of the total rebate upon system installation while the second phase pays the remaining 35% one year after installation based on annual performance and output.
The 2013 budget for the small wind rebate program is $817,000. LIPA has furnished a customer checklist on the program web site to help guide consumers and installers through the rebate process. Prospective applicants should consult this checklist prior to making any project decisions.
|NY-Sun PV Incentive Program (New York)||New York: Energy Resources||State Rebate Program||Yes||State/Territory||The New York State Energy Research and Development Authority (NYSERDA) provides an incentive for the installation of approved, grid-connected photovoltaic (PV) systems, with a goal of supporting 3.175 GW of installed capacity. NYSERDA has established separate megawatt (MW) budgets for different regions of the state: areas served by Con Edison, areas served by PSEG Long Island, and the balance of the state. These separate budgets are referred to as MW Blocks. The incentives available within each MW Block are scheduled to step down over time as certain targets are met.
During 2008 and 2009, the published program budget totaled $75.3 million, and the PSC later authorized additional interim funding of $2 million per month to allow the program to continue from through June 2010. The total 2010-2015 budget is $175 million, including the interim funding from the first half of 2010 and additional funding allocations of $31.1 million made during 2012 for the 2012 and 2013 program years. The 2012 funding additions stemmed from New York's NY-Sun Initiative, which sets a goal of quadrupling 2011 annual PV capacity installation within the state by 2013.
|NYSERDA - Grants for Public and Non-Profit Energy Conservation Projects (New York)||New York: Energy Resources||State Grant Program||No||State/Territory||The New York State Research and Development Authority (NYSERDA) has issued a competitive grant solicitation for energy conservation projects undertaken by municipal governments; public schools (K-12); public colleges and universities; public and private hospitals; and non-profits. Funding for the grant program comes from State Energy Program project implementation funds provided to New York under the American Recovery and Reinvestment Act (ARRA). Eligible projects include energy efficiency improvements, on-site renewable energy projects, and clean vehicle fleet projects.
Details of the program as it applies to each sector are below.
A total of $74 million was originally scheduled to be available for grants under this program with specific amounts allocated to different regions. As of Round 3 solicitation, a total of roughly $8.3 million in funding remained for projects within two regions: New York City and Western New York. Grants are scheduled to be awarded competitively in up to four rounds of solicitations for as long as funding lasts. Application deadlines for each round are as follows:
|NYSERDA - Innovation in Manufacturing Clean Energy Technologies (New York)||New York: Energy Resources||Industry Recruitment/Support||No||State/Territory||Under Program Opportunity Notice (PON) 2414, the New York State Energy Research and Development Authority (NYSERDA) offers incentives for projects that research, develop, demonstrate, or commercialize a manufacturing process for clean energy technologies. Clean energy technologies are defined to include: technologies that generate or support the generation of energy; end-use technologies, energy storage technologies; and distribution and transmission technologies. In order to be eligible for the program, technologies and relevant components of their supply chain must have been successfully demonstrated to substantially reduce energy-related environmental impacts. Projects throughout the state are eligible for the program, which is set up to provide incentives for several categories of project. Brief descriptions of these project categories and the associated funding limitations are described below.
|Net Metering (New York)||New York: Energy Resources||Net Metering||Yes||State/Territory||Note:
In October 2012 the New York Public Service Commission (PSC) issued an order directing Central Hudson Gas and Electric to file net metering tariff revisions tripling the aggregate net metering cap for most systems from 1% of 2005 peak demand (12 MW) to 3% of 2005 peak demand (36 MW). The PSC issued another order in June 2013 to raise the aggregate net metering cap for the state's other utilities to 3% of 2005 peak demand.
Separately, in August 2012 New York enacted legislation (A.B. 9560) expanding remote net metering to include agricultural and non-residential micro-hydroelectric systems. Utility tariff revisions reflecting this change should be forthcoming.Net metering is available on a first-come, first-served basis to customers of the state's major investor-owned utilities, subject to technology, system size and aggregate capacity limitations. Publicly-owned utilities are not obligated to offer net metering; however, the Long Island Power Authority (LIPA) offers net metering on terms similar to those in the state law. Below is listing of the system size limitations, organized by technology and eligible sector.
The aggregate limit on net-metered PV, on-farm biogas systems, micro-CHP, fuel cell, and micro-hydroelectric systems combined is currently generally set at 3.0% of a utility's 2005 electric demand, while the limit on aggregate wind system capacity is 0.3% of 2005 demand. The aggregate limit was previously set at 1.0%, but the limit for Central Hudson Gas and Electric's limit was tripled by the PSC in October 2012, and the limit for the remaining utilities was tripled in June 2013.
For most types of systems, customer net excess generation (NEG) in a given month is credited to the customer's next bill at the utility's retail rate. However, for residential micro-CHP and fuel cell systems NEG is credited at the utility's avoided cost rate. A slightly different methodology using a monetary credit ($ as opposed to kWh) is used for customers on demand meters. At the end of each annual billing cycle, most customers (i.e., residential PV and wind and farm-based wind and biogas systems) will be paid at the utility's avoided-cost rate for any unused NEG. Compensation for unused NEG produced by non-residential wind and solar systems is not addressed by the statute, however, the New York Public Service Commission (PSC) determined in its February 2009 order that unused NEG for such systems should be carried forward from one year to the next. Likewise, residential micro-CHP and fuel cell customer-generators are not permitted to monetize NEG after a year or any other period, but may carry forward unused credits indefinitely. Recently enacted S.B. 1149 did not identify a specific annual reconciliation protocol for micro-hydroelectric facilities, but the recently approved utility tariffs provide for indefinite carryover.
In May 2011 the PSC issued an order addressing two aspects of the NEG crediting process for customer generators. First, the order requires utilities to adopt consistent NEG credit calculations that include all kWh-based customer charges beginning June 1, 2011. Prior to this, some utilities did not include certain charges (e.g., the System Benefits Charge (SBC) and Renewables Portfolio Standards (RPS) surcharge) in the calculation of NEG credits. Second, the order also requires utilities to allow customers eligible for an annual cash-out of unused NEG at avoided cost, such as residential solar customers, to make a one-time selection of the annual period in question. This provision will apply to both existing and new net metering customers and is intended to avoid circumstances where the time period used for the annual cash-out is disadvantageous for some customers (i.e., large amounts of NEG being cashed-out at a lower rate). Several utilities already permitted customer-generators to make such an election.
In June 2011 the state enacted legislation (A.B. 6270) allowing eligible farm-based and non-residential customer-generators to engage in "remote" net metering of solar, wind, and farm-based biogas systems. Micro-hydroelectric facilities were added as eligible for this arrangement in August 2012. The law permits eligible customer-generators to designate net metering credits from equipment located on property which they own or lease to any other meter that is located on property owned or leased by the customer, and is within the same utility territory and load zone as the net metered facility. Credits will accrue to the highest use meter first, and as with standard net metering, excess credits may be carried forward from month to month. Revised utility tariffs incorporating this change for solar, wind, and farm-based biogas systems became effective December 1, 2011. The August 2012 extension to micro-hydroelectric customer-generators will require further tariff revisions.
The legislation and subsequent PSC orders also establish rules relating to customer responsibility for interconnection costs (e.g., new meters, transformers, or other equipment) and limitations on such costs. Cost treatments vary by customer type and system size (see § 66-j and 66-l for details). The ownership of renewable energy credits (RECs) and other environmental attributes associated with energy production from net metered systems remains unaddressed.
The PSC has developed uniform interconnection rules for net-metered systems. See the PSC web site for more information, including a list of accepted (type-tested) inverters.
New York's original net-metering law, enacted in 1997, applied only to residential photovoltaic (PV) systems up to 10 kilowatts (kW). In 2002, the law was expanded (S.B. 6592) to include farm-based biogas systems of up to 400 kW (increased to 500 kW in 2008) that generate electricity from biogas produced by the anaerobic digestion of agricultural waste, such as livestock manure, farming waste and food-processing wastes. In 2004, S.B 4890-E (of 2003) further expanded the law to include residential wind turbines up to 25 kW and farm-based wind turbines up to 125 kW.
In August 2008 New York enacted a series of bills (S.B. 7171, S.B. 8415, and S.B. 8481) again amending the state's net metering laws, most notably extending net metering eligibility to non-residential PV and wind systems. In February 2009 the New York Public Service Commission (PSC) issued an order revising and approving several utility tariffs associated with these changes. A second order issued in June 2009 addressed further tariff filings and ordered changes to these and some previously filed tariffs. In August 2009 A.B. 2442 amended the law yet again to allow net metering for residential combined heat and power (CHP) and fuel cell systems of 10 kW or less, with utility tariffs approved in February 2010. Further legislation (A.B. 7987) enacted in August 2010 increased the capacity limit for farm-based biogas systems from 500 kW to 1 MW and revised tariffs were approved in December 2010.Prior to the 2008 amendments, PV systems, farm biogas systems and small wind systems (10 kW and less) with customer net excess generation (NEG) for a given month had it credited to the their next bill at the utility's retail rate. At the end of each annual billing cycle, such customers were paid at the utility's avoided-cost rate for any unused NEG. However, NEG from wind-energy systems larger than 10 kW was credited to the next month’s bill at the state's avoided-cost rate. Large wind energy systems also received compensation for annual NEG at the avoided-cost rate.
|New Construction of Distribution Lines, Service Lines, and Appurtenant Facilities in Certain Visually Significant Resources Outside Residential Subdivisions (New York)||New York: Energy Resources||Environmental Regulations||Yes||State/Province||Any proposed construction of distribution lines, service lines, and appurtenant facilities to electric utilities located near scenic areas of statewide significance, including Adirondack park scenic vistas, scenic roads or districts, state and national wild and scenic river areas, areas of exceptional scenic beauty, parks, or state or national historic sites (all of the aforementioned are defined elsewhere as indicated in these regulations), will be evaluated based on its scenic and environmental impact on these surroundings.|
|New Construction of Distribution Lines, Service Lines, and Appurtenant Facilities in Residential Subdivisions (New York)||New York: Energy Resources||Siting and Permitting||Yes||State/Province||Any proposed construction of electricity-related facilities in residential subdivisions, including distribution and service lines and appurtenant facilities, is subject to these regulations, which specify installation standards, procedures regarding connection of existing electric facilities to residential subdivisions, and special conditions.|
|New York City - Property Tax Abatement for Photovoltaic (PV) Equipment Expenditures (New York)||New York: Energy Resources||Property Tax Incentive||Yes||Local||NOTE: As of October 2014, Senate Bill S0746A extended the compliance period to obtain tax abatement for solar electric generating systems until December 31st, 2016.
*This incentive is similar to an investment tax credit for renewable energy systems, which are frequently applied to personal or corporate income taxes. It is unique in that the tax benefits are recouped through reduced property taxes on the host building instead of through reduced income taxes.
|New York Power Authority - Energy Services Programs for Public Entities (New York)||New York: Energy Resources||State Rebate Program||Yes||State/Territory||New York Power Authority (NYPA) provides energy efficiency improvements to eligible public sector organizations at no up-front cost. A range of energy efficient upgrades are available through Energy Services Programs for Public Entities. This program covers the initial costs of purchasing and installing energy efficient measures for schools and other public entities served by NYPA. Participating entities must be located in the state of New York. Energy savings generated from the project will repay the up-front investment. Eligible entities include:
|New York Sun Competitive PV Program (New York)||New York: Energy Resources||Renewables Portfolio Standards and Goals||Yes||State/Province||The New York Sun Competitive Photovoltaic (PV) Program is an expansion of the Renewable Portfolio Standard (RPS) Customer-Sited Tier Regional Program that includes Upstate New York. The New York Sun Competitive PV Program is part of the New York State (NYS) RPS Customer-Sited Tier Program. NYSERDA invites proposals for the installation of customer-sited PV projects in New York Independent System Operator (NYISO) load zones A through J and Renewable Biogas-fueled electric generation projects in NYISO load zones G through J. All systems must be greater than 50 kW. Complete proposals that demonstrate project viability and capability will be competitively selected based on their incentive bid in dollars per kilowatt hour ($/kWh). All Projects must be installed within eight (8) months of the award date.|
|Offshore Wind in NY State (New York)||New York: Energy Resources||Industry Recruitment/Support||Yes||State/Province||NYSERDA has expressed support for the development of offshore wind and committed funding to several publicly-available assessments that measure the potential energy benefits and environmental impacts of large-scale offshore wind. NYSERDA encourages interested parties to contact the appropriate NYS agency directly.|
|Ohio River Valley Water Sanitation Commission (Multiple States)||Illinois: Energy Resources|
Indiana: Energy Resources
Kentucky: Energy Resources
New York: Energy Resources
Ohio: Energy Resources
Pennsylvania: Energy Resources
Virginia: Energy Resources
West Virginia: Energy Resources
|Environmental Regulations||Yes||State/Province||The Ohio River Valley Water Sanitation Commission (ORSANCO), was established on June 30, 1948 to control and abate pollution in the Ohio River Basin. ORSANCO is an interstate commission representing eight states and the federal government. ORSANCO operates programs to improve water quality in the Ohio River and its tributaries, including: setting waste water discharge standards; performing biological assessments; monitoring for the chemical and physical properties of the waterways; and conducting special surveys and studies. ORSANCO also coordinates emergency response activities for spills or accidental discharges to the river, and promotes public participation in programs, such as the Ohio River Sweep and the RiverWatchers Volunteer Monitoring Program. ORSANCO sets Pollution Control Standards for industrial and municipal waste water discharges to the Ohio River, and tracks certain dischargers whose effluent can seriously impact water quality. The standards designate specific uses for the Ohio, and establish guidelines to ensure that the river is capable of supporting these uses. To keep pace with current issues, ORSANCO reviews the standards every three years. As part of the review process, workshops and public hearings are held for public input.|
|On-Site Wind Incentive Program (New York)||New York: Energy Resources||State Rebate Program||Yes||State/Territory||The New York State Energy Research and Development Authority (NYSERDA) provides incentives for eligible small wind systems. Incentive payments are not paid directly to the owner of the wind system. Instead, they are paid to eligible installers that have been approved to participate in this program, but the entire incentive must be passed on to the owner of the wind system by the eligible installer. Installers are generally limited to having 10 open applications at any given time under the current program (PON 2439) or previous programs (see PON 2439 for information on exceptions to this rule).
The incentives are additive, such that a wind turbine which is expected to produce 125,000 kWh annually receives the maximum Tier I incentive ($35,000 at 10,000 kWh) plus $1.00/annual kWh for up to 125,000 kWh through Tier II ($125,000 maximum), leading to a total maximum incentive of $160,000 ($35,000 + $125,000). Tier III systems receive the maximum Tier I and Tier II incentives ($160,000 total) plus $0.30/annual kWh for annual energy production in excess of 125,000 kWh. Incentives are capped at the lesser of $1 million per site/customer or 50% of installed system costs.
*While building-mounted systems are potentially eligible for incentives under this program, program literature notes that this tool is not appropriate for building-mounted systems or those installed in an urban environment. For such systems, the installer must provide a detailed analysis of wind resources and expected energy output.
|PSEG Long Island - Solar Initiative Feed-in Tariff (New York)||New York: Energy Resources||Performance-Based Incentive||Yes||Utility||Note: The application period for the program ended on January 31st, 2014 with a final bid price of $0.1688/kWh awarded to 76 separate projects of total 100 MW. The program is no longer accepting any new applications; however, depending on the interconnection study results, some projects may be eliminated and replaced by next in line in queue.
Facilities that enroll in LIPA's solar rebate programs are not eligible for the FIT. Facilities must retain qualifying facility (QF) status in order to continue to be eligible for the program.
|Qualifying RPS State Export Markets (New York)||New York: Energy Resources||Renewables Portfolio Standards and Goals||Yes||State/Province||This entry lists the states with Renewable Portfolio Standard (RPS) policies that accept generation located in New York as eligible sources towards their RPS targets or goals. For specific information with regard to eligible technologies or other restrictions which may vary by state, see the RPS policy entries for the individual states, shown below in the Authority listings. Typically energy must be delivered to an in-state utility or Load Serving Entity, and often only a portion of compliance targets may be met by out-of-state generation. In addition to geographic and energy delivery requirements, ownership, registry, and other requirements may apply, such as resource eligibility, generator vintage and capacity limitations, as well as limits on Renewable Energy Certificate (REC) vintage. The listing applies to RPS Main Tiers only, and excludes solar or distributed generation that may require interconnection only within the RPS state. This assessment is based on energy delivery requirements and reasonable transmission availability. Acceptance of unbundled RECs varies. There may be additional sales opportunities in RPS states outside the Eastern Interconnection. REC prices in markets with voluntary goals (North Dakota, South Dakota) may be lower.|
|Quality Services: Environmental Justice (New York)||New York: Energy Resources||Siting and Permitting||Yes||State/Province||The purpose of this part is to establish a regulatory framework for undertaking an analysis of environmental justice issues associated with the siting of major electric generating facilities in New York State. Environmental justice is defined as the fair treatment and meaningful involvement of all people regardless of race, color, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. This part is intended to enhance public participation and review of environmental impacts of proposed major electric generating facilities in environmental justice communities and to reduce disproportionate environmental impacts in overburdened communities, and provides procedures for assessing the environmental justice impact of a proposed electricity generating facility.|
|Quality Services: Radiation (New York)||New York: Energy Resources||Environmental Regulations||Yes||State/Province||These regulations establish standards for protection against ionizing radiation resulting from the disposal and discharge of radioactive material to the environment. The regulations apply to any person who disposes of or discharges licensed material within the State, or whose loss of control of licensed material may result in the disposal or discharge of such material within the State. The disposal of radioactive tailings or wastes produced by the extraction or concentration of uranium or thorium for any ore processed primarily for its source material content, where such tailings or wastes are not regulated by the US Nuclear Regulatory Commission, are subject to these regulations. Some exceptions are listed in the regulations. The regulations describe radiation dose limits and registration and permitting procedures for the discharge of hazardous waste, and distinguish between standard and low-level radioactive waste disposal facilities.|
|Quality Services: Solid Wastes, Part 360: Solid Waste Management Facilities (New York)||New York: Energy Resources||Environmental Regulations||Yes||State/Province||These regulations apply to all solid wastes with the exception of hazardous or radioactive waste. Proposed solid waste processing facilities are required to obtain permits prior to construction, and the regulations provide details about permitting, construction, registration, and operation requirements. The regulations contain specific guidance for land application of pre- and post-processed waste materials, solid waste composting, and liquid storage tanks.|
|Quality Services: Solid Wastes, Part 361: Siting of Industrial Hazardous Waste Facilities (New York)||New York: Energy Resources||Siting and Permitting||Yes||State/Province||These regulations describe the siting of new industrial hazardous waste facilities located wholly or partially within the State. Industrial hazardous waste facilities are defined as facilities used for the purpose of treating, storing, compacting, recycling, exchanging or disposing of industrial hazardous waste materials, including treatment, compacting, resource recovery or disposal plants, equipment and furnishings thereof used for the storage, treatment, compacting, composting, shredding, converting, utilization, processing, or final disposal of hazardous waste, including but not limited to mechanical, chemical or thermal processing systems, incinerators, sanitary landfills, and other facilities for the storage, reduction or conversion of hazardous waste. All proposed facilities will be reviewed by a facility siting board with regards to specific land use, environmental, and health-relevant criteria, as described in this section.|
|Quality Services: Solid Wastes, Parts 370-376: Hazardous Waste Management System (New York)||New York: Energy Resources||Safety and Operational Guidelines||Yes||State/Province||These regulations prescribe the management of hazardous waste facilities in New York State. They identify and list different types of hazardous wastes and describe standards for generators, transporters, as well as treatment, storage and disposal facilities. The regulations also define specific types of hazardous waste that require special treatment and describe restrictions placed on land disposal of hazardous wastes.|
|RPS Customer-Sited Tier Regional Program (New York)||New York: Energy Resources||Performance-Based Incentive||No||State/Territory||Note: The first proposal deadline was recently extended from November 8, 2012 to December 5, 2012. Subsequent proposal deadlines remain unchanged.
|Refundable Clean Heating Fuel Tax Credit (Corporate) (New York)||New York: Energy Resources||Corporate Tax Credit||Yes||State/Territory||The state of New York began offering a corporate income tax credit for biodiesel purchases used for residential space heating and water heating beginning in 2006. The original credit was authorized for only one year from July 1, 2006 to June 30, 2007. However, in 2008 the law was amended to reinstate the credit for purchases made between January 1, 2008 and December 31, 2011. The window was extended through December 31, 2016 by A.B. 7793 in October 2011. Eligible taxpayers are defined as corporations that are subject to the franchise tax on business corporations, including a corporation that is a partner in a partnership. |
The value of the tax credit is $0.01/gallon for each percent of biodiesel blended with conventional home heating oil, up to a maximum of $0.20/ gallon. In other words, the purchaser of a mixture of 10% biodiesel and 90% conventional heating oil is entitled to a tax credit of $0.10/gallon. Biodiesel is defined to include certain fuels created from both animal fats and vegetable oils. Biodiesel use in buildings with both residential and non-residential space and a common oil storage tank is eligible for a partial credit based on the percentage of square footage used for residential purposes. If a taxpayer's allowable credit exceeds their tax liability for a given year, the remaining credit is refunded rather than carried over to a subsequent tax year.
|Refundable Clean Heating Fuel Tax Credit (Personal) (New York)||New York: Energy Resources||Personal Tax Credit||Yes||State/Territory||The state of New York began offering a personal income tax credit for biodiesel purchases used for residential space heating and water heating beginning in 2006. The original credit was authorized for only one year from July 1, 2006 to June 30, 2007. However, in 2008 the law was amended to reinstate the credit for purchases made between January 1, 2008 and December 31, 2011. At this point it expired, but was extended again in July 2012 through the end of 2016. Eligible taxpayers are defined as individuals; members of a partnership or an LLC treated as a partnership for tax purposes; shareholders in New York S Corporations; and beneficiaries of an estate or trust.
In order to claim the tax credit personal income taxpayers must complete Form IT-241, which is available on the New York State Department of Taxation and Finance web site.
|Regional Revolving Loan Trust Fund (New York)||New York: Energy Resources||Loan Program||Yes||State/Province||The Regional Revolving Loan Trust Fund Program, coordinated by the Empire State Development program, is operated in six regions by nonprofit organizations and provides working capital loans (up to $75,000 or 50% of the total project cost) and loan guarantees (up to 80% or not to exceed $80,000) to small businesses employing fewer than 100 people. Priority is given to projects which create or retain jobs.|
|Regulations for Electric Transmission and Fuel Gas Transmission Lines Ten or More Miles Long (New York)||New York: Energy Resources||Siting and Permitting||Yes||State/Province||Any person who wishes to construct an electric or gas transmission line that is more than ten miles long must file documents describing the construction plans and potential land use and environmental impacts of the proposed transmission line. The regulations describe application and review procedures, as well as documents that must be submitted with the application.|
|Regulations for Gas Transmission Lines Less than Ten Miles Long (New York)||New York: Energy Resources||Siting and Permitting||Yes||State/Province||Any person who wishes to construct a gas transmission line that is less than ten miles long must file documents describing the construction plans and potential land use and environmental impacts of the proposed transmission line. The regulations describe application and review procedures.|
|Renewable Portfolio Standard (New York)||New York: Energy Resources||Renewables Portfolio Standard||Yes||State/Territory||The New York Public Service Commission (PSC) adopted a renewable portfolio standard (RPS) in September 2004 and issued implementation rules in April 2005. As originally designed, New York's RPS had a renewables target of 25% of state electricity consumption by 2013, but was expanded in January 2010 to 30% by 2015 by order of the PSC. Of this 30%, approximately 20.7% of the target will be derived from existing renewable energy facilities and one percent (1%) of the target is expected to be met through voluntary green power sales in 2015.*
The remainder will be derived from new, eligible resources centrally procured by the New York State Energy Research and Development Authority (NYSERDA). Eligible new renewable resources fall into two tiers -- a Main Tier (roughly 91.56% of incremental renewables generation) and a Customer-Sited Tier (roughly 8.44%). Under the original standard, the CST was set at 2% of the incremental renewable generation required to meet the standard, but was expanded in April 2010 as part of the expansion of the RPS from 25% by 2013 to 30% by 2015.
NYSERDA manages an RPS fund gathered through a surcharge on each kilowatt-hour sold by the state’s investor-owned utilities. The RPS surcharge is separate from and in addition to the state system benefits charge (SBC). Customers exempt from contributing to the SBC are also exempt from the RPS charge. Municipal utilities, the New York Power Authority (NYPA) and the Long Island Power Authority (LIPA) do not fall under the jurisdiction of this program, but have been encouraged by the PSC to adopt similar programs. LIPA has adopted a renewable energy goal equivalent to the state target.
Resources eligible for the Main Tier include methane digesters and other forms of biomass, liquid biofuels, fuel cells, hydroelectric power, photovoltaics (PV), ocean power, tidal power, and wind power. NYSERDA can procure Main Tier resources through auction, requests for proposals (RFPs), or standard offer contracts. Past procurements have taken the form of competitive RFPs for renewable energy attributes associated with eligible generation. NYSERDA purchases these attributes through contracts of varying lengths from energy producers. While the Main Tier seeks to foster the development of additional renewable resources in New York, existing renewable energy facilities will also be eligible if they began operation on or after January 1, 2003. Certain existing hydroelectric, wind turbine and biomass direct combustion facilities built prior to January 1, 2003, may also be eligible if they demonstrate a need for financial support.**
As circumstances have evolved the PSC has also issued numerous orders affecting a variety of different areas of the Main Tier. Most recently, in December 2010 three orders were issued that, in summary: (1) allow, with limitations, biomass sourced from mixed demolition debris to be considered a qualified biomass resource; (2) allow NYSERDA to issue solicitations for Main Tier projects at least once a year without an authorizing order from the PSC; and (3) allow in-state, behind-the-meter projects to qualify for Main Tier solicitations, subject to NYSERDA measurement and verification requirements. The full orders are available in Case 03-E-0188 at the program web site above.
The resources eligible for the Customer-Sited Tier (CST) are fuel cells, photovoltaics, solar hot water, wind turbines, and methane digesters. Solar hot water, as an alternative to electric hot water heating, was added as an eligible CST technology by the April 2010 PSC order setting terms for the CST through 2015. CST systems are generally limited to the size of the load at the customer's meter. The RPS supports incentive programs that previously were supported by the state's SBC. In August 2011 the PSC issued an order declining a petition to make elevator regenerative drives an eligible CST technology.
The PSC initially set overall funding for the Customer-Sited Tier at $45 million through 2009 with specific funding allocations for different technologies (see CST Operating Plan 2006-2009). Due to market demand the level of funding and the funding breakdown changed considerably over time, with the PV and anaerobic digester portions experiencing demand far in excess of their original funding allocations. Recent figures (see June 2009 PSC Order) put total funding through 2009 at $107.6 million (including administration costs), with roughly 70% devoted to PV. A subsequent February 2010 PSC Order authorized an additional $21 million in interim funding to allow NYSERDA to continue the CST program through June 2010.
The CST was reauthorized and expanded in April 2010 as part of the larger expansion of the RPS to 30% by 2015. The revision allocated additional funding totaling $279 million for CST programs similar to those supported by the original CST program. However, the order also provided for the creation of a separate CST program designed to achieve a greater geographic balance in renewable energy development. This program component will offer a combination of capacity based and performance incentives through periodic competitive solicitations to PV, anaerobic digesters, fuel cells, and combined heat and power (CHP) systems of 50 kilowatts (kW) or larger. A total of $150 million has been authorized for this program -- $30 million annually from 2011 through 2015 – broken down by NYISO zone.
In April 2012 the PSC issued two separate orders affecting the funding and operation of the CST. The PSC's April 20, 2012 Order authorized the reallocation of $17.6 million in unencumbered 2011 funds to the 2012 small PV incentive program and a further $1.5 million to the 2012 small wind incentive program. A more far reaching order was issued several days later in response to the recently unveiled NY-Sun Initiative, which sets a goal of quadrupling 2011 annual PV capacity installation within the state by 2013. The PSC's April 24, 2012 Order provided additional funding of $13.5 million for the small PV incentive program for 2013 program year, $36.4 million to the Geographic Balancing program for the 2012 program year, and $40.5 million to the Geographic Balancing program for the 2013 program year. It should be noted that the order does not establish an equivalent increase in the overall CST program target, though NYSERDA's revised CST Operating Plan approved in June 2012 does include an increase.The PSC will consider further funding additions for the 2014 and 2015 program years as part of its scheduled review of the RPS in 2013.
To encourage the growth of the state's voluntary green-power market to meet the 1% target, Commission has adopted a set aside provision of 5% of a renewable facility's output. Accordingly, renewable generators must demonstrate that at least 5% of their output is available for voluntary green market sales outside the RPS program. (NYSERDA will pay incentives for only 95% of a project's actual monthly output up to the contract amount).
In the past the PSC has indicated that it supports a transition to a certificate-based attribute accounting system similar to other systems deployed in the market region (e.g. NEPOOL GIS and PJM GATS). Furthermore, the PSC has stated that it supports a regionally compatible tracking system that can fully support the state's environmental disclosure program. In August 2012, the state enacted A.B. 6114 requiring the development of a New York Generation Attribute Tracking System and NYSERDA is currently working to implement this requirement.
According to the 2013 RPS Performance Report, through 2012 a total of eight Main Tier procurements has resulted in contracts for expected production of 4.49 million MWh in 2015, or about 47% of the ultimate 2015 target of 9.52 million MWh. The same report indicates that through 2012 CST contracts totaling almost 288,000 MWh in 2015 were in place, equivalent to 33% of the ultimate 2015 target of roughly 878,000 MWh.*** In 2009 the PSC undertook a review of the RPS, focusing their analysis on program implementation; cost effectiveness and benefit/cost analysis; impacts on the energy system reliability and economic development; and market conditions, including impacts of the program and other factors on the development of wholesale, retail, and voluntary power markets for renewable resources. Click here to view historical annual reports, evaluation documents, and other RPS related resources from NYSERDA, including the 2009 comprehensive RPS Evaluation Report.
**See Appendix A of the April 2005 PSC order for a more complete listing of eligible technologies, including identification of requirements associated with the use of the technologies. Note that the PSC has made several changes to the criteria for eligible biomass technologies.***The CST target identified in the 2013 RPS Performance Report (878,089 MWh) differs slightly from the Total CST target (729,479 MWh) listed in Table 17 of the Appendix of the April 2010 PSC Order establishing the CST through 2015. The reason for this difference is related to subsequent funding changes, primarily the creation of the NY-SUN program that will expand the amount of customer-sited solar generation built in the state. The increase in the CST is offset by a decrease in the Main Tier target, keeping the overall MWh target at the same level.
|Renewable Power Procurement Policy (New York)||New York: Energy Resources||Green Power Purchasing||Yes||State/Territory||New York Governor George Pataki signed Executive Order No. 111 to promote "Green and Clean" State Buildings and Vehicles on June 10, 2001. The renewable-power procurement component of this order commits the state government to purchase a portion of its electric power from renewable energy resources -- at least 10% from resources such as wind, solar thermal, photovoltaics (solar electric), sustainably managed biomass, tidal, geothermal, methane waste and fuel cells by 2005, increasing to 20% by 2010. The order applies to all agencies and departments over which the governor has executive authority, and all public benefit corporations and public authorities whose heads are appointed by the governor. The order also requires the state to adhere to green building standards when constructing new buildings or significantly renovating existing buildings. State entities can fulfill their renewable power procurement obligations through on-site generation or by purchasing renewable energy on the open market. According to the 2012 RPS Performance Report state green energy purchases during April 2009 - March 2010 (Fiscal Year 2010) were approximately 320,000 MWh, or roughly 12.23% of electricity needs for state buildings. The bulk of renewable energy purchases made under this policy have been sourced from sustainably managed biomass and wind energy resources. Although Executive Order No. 111 is not specific to activities purchases beyond 2010, the RPS projections used by the New York Public Service Commission (PSC), which extend through 2015, incorporate green energy purchases by state government throughout the life of the standard.|
|Residential Loan Fund (New York)||New York: Energy Resources||State Loan Program||Yes||State/Territory||The New York State Energy Research and Development Authority (NYSERDA) has extended the Participation Agreements of the Assisted Home Performance Program Lenders. Lenders may continue to offer customers access to the Residential Loan Fund Program through December 31, 2012.
The New York Residential Loan Fund, administered by the NYSERDA, provides reduced-interest rate loans through participating lenders to finance renovation or construction projects that improve a home's energy efficiency. The level of interest rate reduction may be up to 4%, but is adjusted to maintain a floor rate of 3%. Loans are limited to residents in 1-4 family homes that are customers of one of the state's six investor-owned electric or natural gas utilities -- Central Hudson Gas and Electric; Electric Corporation, Consolidated Edison Company of New York, Inc., National Grid, New York State Electric & Gas Corporation, Orange and Rockland Utilities, Inc., or Rochester Gas and Electric Corporation -- and that pay the System Benefits Charge (SBC). Customers are eligible for loans of up to $20,000 for up to a 10-year loan term.
In order to qualify for the program, the customer must participate in the NYSERDA Home Performance with Energy Star Program and abide by the accompanying program rules and regulations. Formerly the loan program allowed participants in the NYSERDA Wind Incentive and Photovoltaic (PV) Incentive programs to apply for assistance; however, recent revisions to the Wind Incentive and PV Incentive programs do not allow participants to also take advantage of the Residential Loan Fund.Please consult the Residential Loan Fund and NYSERDA Home Performance with Energy Star websites for additional program information.
|Residential Solar Tax Credit (New York)||New York: Energy Resources||Personal Tax Credit||Yes||State/Territory||Enacted in August 1997, this personal income tax credit originally applied to expenditures on solar-electric (PV) equipment used on residential property. The credit, equal to 25% percent of the cost of equipment and installation, was expanded in August 2005 to include solar-thermal equipment. The solar-thermal provisions apply to taxable years beginning on and after January 1, 2006. The credit is capped at $3,750 for solar-energy systems placed in service before September 1, 2006, and capped at $5,000 for solar-energy systems placed in service on or after September 1, 2006.
Interested participants can claim for the credit through filling out Form IT-255 (Claim for Solar Energy System Equipment), including specific instructions for the credit.
|Residential Wood Heating Fuel Exemption (New York)||New York: Energy Resources||Sales Tax Incentive||Yes||State/Territory||New York exempts retail sales of wood used for residential heating purposes from the state sales tax. The law also permits local governments (municipalities and counties) to grant an exemption from local sales taxes. If a city with a population of 1 million or more chooses to grant the local exemption, it must enact a specific resolution that appears in the state law. Local sales tax rates in New York range from 1.5% to more than 4% in addition to the general state sales tax rate of 4%. For buildings with both residential and non-residential units where more than 25% of the space is used for non-residential purposes, an allocation must be made between the amount of fuel used for residential purposes and that used for non-residential purposes. The non-residential portion remains subject to the state sales tax. The New York Department of Taxation and Finance publishes a variety of sales tax reports detailing local tax rates and exemptions, including those for residential energy services. The residential energy services sales tax list (Publication 718-R) is updated frequently.|
|Resource Management Services, Part 608: Use and Protection of Waters (New York)||New York: Energy Resources||Environmental Regulations||Yes||State/Province||These regulations provide permit requirements applicable to proposed projects which may require the disturbance of protected streams; the construction, reconstruction, repair, breaching, or removal of dams; the construction, reconstruction, or repair of docks, piers, wharfs, platforms, breakwaters, and the installation of moorings in, on, or above navigable waters of the State; and excavation or placement of fill in navigable waters.|
|Resource Management Services, Part 609: Reclassification of Waters (New York)||New York: Energy Resources||Siting and Permitting||Yes||State/Province||These regulations provide procedures to propose a reclassification of State waters for permitting purposes. Requests must address the factual basis for reclassification, including the size, depth, surface area covered, volume, direction and rate of flow, stream gradient and temperature of the water; character of the district bordering said waters and its suitability for residential, agricultural, industrial or recreational purposes; the uses which have been made, are being made or may be made, of said waters; and the existing quality of said waters.|
|Resource Management Services: Land Use, Part 505: Coastal Erosion Management (New York)||New York: Energy Resources||Siting and Permitting||Yes||State/Province||These regulations define the role of the Department of Environmental Conservation in administering a regulatory program within identified coastal erosion hazard areas and establish standards for the issuance of coastal erosion management permits by the department. Land use, development and other activities are regulated in coastal areas subject to coastal flooding and erosion to minimize or prevent damage or destruction to manmade property, natural protective features, other natural resources, and to protect human life. New construction or placement of structures is regulated to place them a safe distance from areas of active erosion and the impacts of coastal storms to ensure that these structures are not prematurely destroyed or damaged due to improper siting, as well as to prevent damage to natural protective features and other natural resources.|
|Resource Management Services: Land Use, Part 501: Use of Flood Control Lands (New York)||New York: Energy Resources||Siting and Permitting||Yes||State/Province||No regulated activity or development is allowed to take place on lands used for flood control purposes unless a permit is obtained. These regulations describe provisions for the application, issuance, term, and revocation of such permits.|
|Resource Management Services: Mineral Resources, Parts 550-559 (New York)||New York: Energy Resources||Environmental Regulations||Yes||State/Province||This section establishes a Bureau of Mineral Resources within the Department of Environmental Conservation, which has the authority to regulate the exploration and mining for oil and gas resources in New York State. The regulations include permitting and reporting requirements for exploration or production well drilling or deepening, well spacing, drilling practices, well plugging and abandonment, secondary recovery and pressure maintenance, and transportation of oil or gas products. Special regulations apply to mining activities located on Bass Island.|
|Resource Management Services: Water Regulation, Part 600: Applications for Licenses and Preliminary Permits Under the Water Power Act (New York)||New York: Energy Resources||Siting and Permitting||Yes||State/Province||These regulations provide instructions for applications proposing the construction, repair, or operation of hydropower sources. Applications are reviewed by the Water Power and Control Commission.|
|Resource Management Services: Water Regulation, Part 605: Applications for Diversion or Use of Water for Purposes Other Than Hydro-Electric Power Projects (New York)||New York: Energy Resources||Siting and Permitting||Yes||State/Province||These rules apply to all applications for a license or a permit to take, divert, appropriate or otherwise use the waters of the State, except applications for hydro-electric power projects. Applications are reviewed by the Department of Environmental Conservation and by the Superintendent of Public Works.|
|Resource Management Services: Water Regulation, Parts 595-599: Hazardous Substances (New York)||New York: Energy Resources||Environmental Regulations||Yes||State/Province||These regulations aim to prevent the release of hazardous substances into surface water and groundwater resources. They contain guidance for facilities which store and process hazardous substances, including specific rules for the bulk storage and handling of such substances. The regulations also contain information on relevant licenses and permits.|
|Sales Tax Exemption (New York)||New York: Energy Resources||Corporate Tax Incentive||Yes||State/Province||The Sales Tax Exemption applies to the purchase of machinery and equipment, parts, tools, and supplies used or consumed in the production of tangible personal property for sale or in the production of gas, electricity, refrigeration, or steam, for sale; also, purchases of gas or electricity or gas or electric service used to provide gas or electric service consisting of operating a gas pipeline, an electric transmission line, or a gas or electric distribution line.|
|Statewide Empire Zone Program (New York)||New York: Energy Resources||Loan Program||No||Non-Profit||Business that do not meet the requirements for standard financing, but are in need of capital, may qualify for NYBDC’s Statewide Empire Zone Program. The Statewide Zone Capital Corporation (SZCC), a privately-owned loan fund, provides financing to businesses located within participating Empire Zones; the loans range from $30,000 to $300,000 and feature below-market interest rates, minimum down payment requirements, and flexible repayment terms. Funds may be used for working capital, real estate, equipment, debt refinancing, and more. NYBDC manages the SZCC.|
|System Benefits Charge (New York)||New York: Energy Resources||Public Benefits Fund||Yes||State/Territory||New York's system benefits charge (SBC), established in 1996 by the New York Public Service Commission (PSC), supports energy efficiency, education and outreach, research and development, and low-income energy assistance. To support the SBC program, the state's six investor-owned electric utilities collect funds from customers through a surcharge on customers' bills. The SBC program is administered by NYSERDA and funds numerous programs to improve the state's transmission and distribution infrastructure. The program goals include improving system-wide reliability and increasing peak-electricity reductions through end-user efficiency actions; improving energy efficiency and access to energy options for under-served customers; reducing the environmental impacts of energy production and use; and facilitating competition in electricity markets to benefit end-users. Individual program solicitations can be found on the NYSERDA Current Funding Opportunities and other sections of the NYSERDA web site. Only customers that pay the SBC are eligible for assistance through the programs it funds.*
The SBC has gone through several iterations since it was first created in 1996 (see history section below). The first three authorizations extended the overall program through the end of 2011. In October 2011, the PSC extended the SBC for an additional five years through December 31, 2016. The renewed authorization (SBC IV) also shifted the activities and programs away from some areas that had previously been funded by the program. For instance, to a large extent the various customer-side energy efficiency programs that existed under the Energy $mart program label now fall under the state's Energy Efficiency Portfolio Standard (EEPS) although the funding mechanism for these programs is still often referred to as the SBC. The current SBC Technology and Market Development Program has an overall budget of $527.3 million.
In September 2012, the PSC ordered NYSERDA (Case 10-M-0457) to distribute uncommitted funds from SBC III to various programs of the Technology and Market Development Portfolio. $10 million will be allocated to a new initiative focused on reducing the balance-of-system costs for solar photovoltaic (PV) installations and the development of priority PV technology; $10 million for an energy storage initiative; $3 million for an Advanced Building Consortium; and $2,760,672 for a deep energy savings in commercial buildings initiative. A further funding supplement was authorized in December 2012, when the PSC reallocated roughly $86.7 million in EEPS funding (uncommitted funds and budget reductions for two programs) to support combined heat and power (CHP) and workforce development programs in SBC Technology and Market Development portfolio.
Although SBC funds may be used to support renewable-energy infrastructure, the program no longer provides financial incentives for most renewable-energy systems, most of which are instead eligible for funding under the Customer-Sited Tier of the state renewable portfolio standard (RPS). However, SBC funding may be available for technologies that are ineligible for RPS funding, or for efforts that support training, education, or market development of RPS-eligible technologies.
*Customers of the Long Island Power Authority (LIPA), the New York Power Authority (NYPA), municipal utilities, and electric cooperatives do not qualify for incentives funded by the SBC. The NYPA and LIPA both offer separate energy conservation programs for their customers.
|The New York Business Development Corporation (NYBDC) Loans for Working Capital (New York)||New York: Energy Resources||Loan Program||Yes||Non-Profit||The New York Business Development Corporation (NYBDC) Loans for Working Capital provides working capital for long-term needs, repayable over three to seven years. The program works with partner banks and other subordinate lenders to structure a loan ranging from $50,000 to $1,500,000.|
|Water Use Permitting (Wisconsin)||Wisconsin: Energy Resources||Siting and Permitting||Yes||Local||Withdrawers in the Great Lakes Basin who withdraw water in quantities that average 100,000 gallons per day or more in any 30-day period are required to get a water use permit. Two types of water use permits exist: a general permit is required for withdrawals that average 100,000 gallons per day or more in any 30-day period but do not equal at least 1,000,000 gallons per day for 30 consecutive days. An individual permit is required for withdrawals that equal at least 1,000,000 gallons per day for 30 consecutive days. There are no permit application fees.|