Public Policy
Welcome to the Public Policy section of ACE NY's website.
There are numerous State agencies and authorities involved in energy policy in New York in addition to the Executive Chamber and the two branches of the State Legislature – the State Senate and the State Assembly. Within the following pages, you will find an overview of some of these agencies and New York State’s energy policies.
In addition, statewide initiatives such as New York's Renewable Energy Task Force, the New York State Climate Action Council, and ongoing development of New York's State Energy Plan are continuing to play an important role in determining the future of New York’s energy resources and delivery system and the hoped-for transition to a clean energy economy. Please use the links at the bottom of the page to learn more about these initiatives.
ACE NY actively engages with State legislators to help build support for clean energy, as well as to ensure that measures which could adversely impact clean energy technologies do not garner sufficient support. A sample of the issues that ACE NY addresses each legislative session are reviewed briefly below. ACE NY's 2012 Policy Agenda outlines each of these issues, and others, in detail.
Power Plant Siting
At one time, New York had a “one-stop shop” power plant siting law, known as Article X ("ten"), that provided for consistent and timely reviews of the permits needed for siting new power plants. This law expired on January 1, 2003, and negotiations to renew it were not successful until the New York State Senate and Assembly passed the “Power NY Act of 2011” on June 22, 2011. This legislation enacts a new Article X of the New York Public
Service Law (PSL), replacing the statute that lapsed in 2003, and establishes a centralized certification process for electric generating facilities. All parties expect the Governor to sign the bill into law.
With some limited exceptions, all proposed generation projects regardless of fuel source, from 25 MW and up, will be included in the new process. Given its breadth, the bill will impact the development of traditional fossil fuel plants, renewable generators, and potential energy storage technologies.
The new Article X shares many of the features of the old statute: it creates a Siting Board composed of state agency commissioners and public members; it provides intervenor funding for municipalities and local parties; it consolidates and coordinates state environmental review and permitting requirements; and it provides authority for the Board to override “overly burdensome” local laws. The legislation also addresses some matters that were unclear under the prior law: it provides greater detail on issues such as coordinating permitting authority with the New York State Department of Conservation on federally delegated programs, such as the Clean Air Act.
ACE NY supported the efforts to pass the new Article X and was instrumental in ensuring that it effectively facilitates the development of clean energy projects.
Budget Allocations
Each year, the Governor and the State Legislature must negotiate and pass the State Budget. ACE NY monitors this process to ensure there is adequate funding for the authorities and agencies implementing programs and policies to encourage the increased use of clean energy technologies.
Distributed/On-Site Generation
In addition to building support for large-scale renewable energy generators, ACE NY also supports legislation to encourage adoption of on-site renewable resources. In 2008, backed by a broad coalition of environmentalists and clean energy businesses and supporters, the Legislature approved a package of bills that expands New York's net metering laws to allow commercial customers to net meter wind and solar electric systems up to 2 MW in size, or the customers' peak historic load (whichever is less). Additionally, wind and farm waste systems on agricultural lands can now net meter systems up to 500 kW. Subsequent amendments have continued to improve the effectiveness of New York's net metering laws, and in 2011, ACE NY was successful in seeing yet another expansion passed, this time resulting in the ability for eligible customers to remotely net meter their renewable energy systems.
Regional Greenhouse Gas Initiative (RGGI)
RGGI creates a “cap and trade” program for carbon emissions from the electric power sector. Under RGGI, electric power producers that emit carbon must have sufficient allowances (permission to discharge carbon) to cover the extent of their emissions, with the allowances made available via an auction. The auction funds are given to NYSERDA and used to support energy efficiency and clean energy technology investments in order to decrease demand for carbon-emitting electric power. ACE NY believes RGGI auction funds must be used to support these clean energy technologies and opposes any legislative attempts to use the funds for other purposes.
Serving as the voice of the clean energy community, ACE NY works to foster coordination among policy makers and offers knowledge and expertise when it comes to creating sound and effective clean energy policies. ACE NY actively monitors both the annual budget process and the legislative and state agency initiatives that affect the clean energy industry. Working with decision makers, we advocate for policies that promote the growth of New York's green economy while ensuring we make every effort to protect public health and our precious natural resources.
In addition, statewide initiatives such as New York's Renewable Energy Task Force, the New York State Climate Action Council, and ongoing development of New York's State Energy Plan are continuing to play an important role in determining the future of New York’s energy resources and delivery system and the hoped-for transition to a clean energy economy. Please use the links at the bottom of the page to learn more about these initiatives.
ACE NY actively engages with State legislators to help build support for clean energy, as well as to ensure that measures which could adversely impact clean energy technologies do not garner sufficient support. A sample of the issues that ACE NY addresses each legislative session are reviewed briefly below. ACE NY's 2012 Policy Agenda outlines each of these issues, and others, in detail.
Power Plant Siting
At one time, New York had a “one-stop shop” power plant siting law, known as Article X ("ten"), that provided for consistent and timely reviews of the permits needed for siting new power plants. This law expired on January 1, 2003, and negotiations to renew it were not successful until the New York State Senate and Assembly passed the “Power NY Act of 2011” on June 22, 2011. This legislation enacts a new Article X of the New York Public
Service Law (PSL), replacing the statute that lapsed in 2003, and establishes a centralized certification process for electric generating facilities. All parties expect the Governor to sign the bill into law.
With some limited exceptions, all proposed generation projects regardless of fuel source, from 25 MW and up, will be included in the new process. Given its breadth, the bill will impact the development of traditional fossil fuel plants, renewable generators, and potential energy storage technologies.
The new Article X shares many of the features of the old statute: it creates a Siting Board composed of state agency commissioners and public members; it provides intervenor funding for municipalities and local parties; it consolidates and coordinates state environmental review and permitting requirements; and it provides authority for the Board to override “overly burdensome” local laws. The legislation also addresses some matters that were unclear under the prior law: it provides greater detail on issues such as coordinating permitting authority with the New York State Department of Conservation on federally delegated programs, such as the Clean Air Act.
ACE NY supported the efforts to pass the new Article X and was instrumental in ensuring that it effectively facilitates the development of clean energy projects.
Budget Allocations
Each year, the Governor and the State Legislature must negotiate and pass the State Budget. ACE NY monitors this process to ensure there is adequate funding for the authorities and agencies implementing programs and policies to encourage the increased use of clean energy technologies.
Distributed/On-Site Generation
In addition to building support for large-scale renewable energy generators, ACE NY also supports legislation to encourage adoption of on-site renewable resources. In 2008, backed by a broad coalition of environmentalists and clean energy businesses and supporters, the Legislature approved a package of bills that expands New York's net metering laws to allow commercial customers to net meter wind and solar electric systems up to 2 MW in size, or the customers' peak historic load (whichever is less). Additionally, wind and farm waste systems on agricultural lands can now net meter systems up to 500 kW. Subsequent amendments have continued to improve the effectiveness of New York's net metering laws, and in 2011, ACE NY was successful in seeing yet another expansion passed, this time resulting in the ability for eligible customers to remotely net meter their renewable energy systems.
Regional Greenhouse Gas Initiative (RGGI)
RGGI creates a “cap and trade” program for carbon emissions from the electric power sector. Under RGGI, electric power producers that emit carbon must have sufficient allowances (permission to discharge carbon) to cover the extent of their emissions, with the allowances made available via an auction. The auction funds are given to NYSERDA and used to support energy efficiency and clean energy technology investments in order to decrease demand for carbon-emitting electric power. ACE NY believes RGGI auction funds must be used to support these clean energy technologies and opposes any legislative attempts to use the funds for other purposes.