New York energy law

{{Short description|Laws of the US state of New York}} {{Use American English|date=February 2026}} {{Use mdy dates|date=February 2026}} {{Politics of New York}} '''New York energy law''' is the statutory, regulatory, and common law of the state of New York concerning the policy, conservation, taxation, and utilities involved in energy. Secondary sources have also influenced energy law in New York.

The myriad legal issues concerning hydrofracking in New York has in the 2010s spawned a new body of legal authority with primary authorities such as case law, statutes, and zoning regulations, as well as secondary sources such as law review and newspaper articles, for this rapidly changing field of law.

==Energy Law (Consolidated Laws)== The ''New York Consolidated Laws'' includes a statutory code called the "Energy Law".<ref>N.Y. Energy Law § 1-101, found at [http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS New York State Legislature official web site], go to "ENG", then "Article 1", finally "1–101 – Short title". Accessed August 6, 2008.</ref> Under New York law, "energy" and "energy resources" are defined as:

{{blockquote|"Energy" means work or heat that is, or may be, produced from any fuel or source whatsoever. ... "Energy resources" shall mean any force or material which yields or has the potential to yield energy, including but not limited to electrical, fossil, geothermal, wind, hydro, solid waste, tidal, wood, solar and nuclear sources.|N.Y. Energy Law § 1-103 (5) and (6).<ref>N.Y. Energy Law § 1-103 (5) and (6), found at [http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS New York State Legislature official website], go to "ENG", then "Article 1", finally "1–103 – Definitions". Accessed February 4, 2009.</ref>}}

The N.Y. Energy Law became effective on July 26, 1976 as Chapter 17-A of the Consolidated Laws.<ref>See Preface, N.Y. Energy Law (McKinney's); L. 1976, Chap. 819, sec. 2.</ref> The 1970s was a period of tremendous expansion of both federal and state laws concerning energy.

This code is divided into these articles, which are ''not'' sequential:<ref>N.Y. Energy Law, at Consolidated Laws, at [http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS New York State Legislature official website], go to "ENG". Accessed February 4, 2009.</ref> 1. Short Title; Definitions 3. State Energy Policy 5. State Energy Office, etc. 7. Transfer of Functions 8. Light Efficiency Standards (for existing buildings) Act 9. Energy Performance (for public buildings) 10. Fuel Set-aside Act 11. Conservation Construction Code Act 12. Solar Energy Products Warranty Act 13. State Green Building Construction Act (new, "Effective Date: 03/24/2009")<ref name="ENG 13">N.Y. Energy Law, Art. 13, of Consolidated Laws, at [http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS New York State Legislature official website], go to "ENG", then "Article 13". Accessed February 4, 2009.</ref> 16. Appliance Efficiency Standards (new)<ref>N.Y. Energy Law (McKinney's supp. 2008).</ref> 17. Energy Information 18. Temporary Nuclear Waste Repositories 21. Energy Supply and Production Appendix – Rules<ref>N.Y. Energy Law (McKinney's appendix).</ref>

The ''Bluebook'' citation for ''McKinney's Statutes'' is N.Y. Engy. L., while for the ''Consolidated Laws'', the citation is "Energy".

==Recent legislation and Legislative committees==

===State senate===

thumb|right|New York State Senator Kevin Parker, chair (as of 2025) of the Senate Committee on Energy and Telecommunications The New York State Senate Energy and Telecommunications Committee is chaired by Kevin Parker, of Brooklyn.<ref>{{cite web |url=https://www.nysenate.gov/committees/energy-and-telecommunications |title=NYS Senate Committee Webpage for Energy and Telecommunications Committee |access-date=November 20, 2019}}</ref>

The energy and telecommunications committee was previously chaired by Senator Joseph Griffo, a Republican from Rome, in Oneida County; before that Republican Senator George D. Maziarz, of Newfane, in western Niagara County, was chair, and prior to Maziarz, Democratic Senator Darrel Aubertine, of upstate Cape Vincent, Jefferson County, was chair of the committee.<ref>[http://www.nysenate.gov/senator/darrel-j-aubertine New York State Senate website Darrel J. Aubertine's page]. Retrieved June 1, 2009, and updated version on January 24, 2011.</ref>

This is Parker's second term as chair of the energy and telecommunications committee. Before 2009, it was a "backbench" committee; in 2008, the Senate referred six bills to the Assembly Energy committee, but none of them were passed.<ref name=Updates>[http://www.assembly.state.ny.us/comm/?sec=post&id=14 New York State Assembly website Updates from the Committee on Energy]. Retrieved March 6, 2009.</ref> Senate Majority Leader Malcolm Smith replaced Senator Parker, then chair, with Aubertine on May 11, 2009, after Parker's arrest on harassment charges.<ref>Delen Goldberg, "North Country Sen. Darrel Aubertine promoted after Brooklyn Sen. Kevin Parker arrested," ''The Post-Standard'', May 17, 2009, found at [http://www.syracuse.com/news/index.ssf/2009/05/north_country_sen_darrel_auber.html Syracuse.com website]. Retrieved June 1, 2009.</ref><ref>Jude Seymour, "Aubertine to lead panel on energy after shakeup," ''Watertown Daily Times'', May 12, 2009, found at [http://watertowndailytimes.com/article/20090512/NEWS03/305129966 ''Watertown Daily Times'' ] {{Webarchive|url=https://web.archive.org/web/20090516004040/http://www.watertowndailytimes.com/article/20090512/NEWS03/305129966 |date=2009-05-16 }}. Retrieved June 1, 2009.</ref><ref>"Aubertine Named Chair of Energy Committee," posted May 11, 2009, found at [http://www.nysenate.gov/press-release/aubertine-named-chair-energy-committee NY Senate Press release]. Retrieved June 1, 2009.</ref> Aubertine supported an extension to the "Power for Jobs" state program.<ref>"Aubertine: Power for Jobs should be extended at least a year for certainty, continuity," posted May 27, 2009, found at [http://www.nysenate.gov/press-release/aubertine-power-jobs-should-be-extended-least-year-certainty-continuity NY Senate Press release]. Retrieved June 1, 2009.</ref> In November 2010, Aubertine lost re-election, and the Republicans garnered a majority.<ref>[http://www.nysenate.gov/ NYSenate.gov website]. Retrieved January 24, 2011.</ref> In 2014, Maziarz held a meeting with the Public Service Commission to discuss the PSC's extension of the 18-a surcharge (the temporary utility assessment) which he claimed overcharged ratepayers by $250 million and the state Senate Republicans were calling a new state tax.<ref>{{cite web |url=https://www.nysenate.gov/newsroom/press-releases/george-d-maziarz/sen-maziarz-psc-return-ratepayer-money-immediately |title=NYS Senate Press Release |date=June 13, 2014 |author=George Maziarz |access-date=November 9, 2018}}</ref><ref>{{cite web |url=http://www.nystateofpolitics.com/2013/02/skelos-18a-surcharge-extension-a-tax-increase/ |title=Skelos: 18a Surcharge Extension A 'Tax Increase' |publisher=NYS of politics |access-date=November 9, 2018 |archive-date=November 9, 2018 |archive-url=https://web.archive.org/web/20181109234621/http://www.nystateofpolitics.com/2013/02/skelos-18a-surcharge-extension-a-tax-increase/ |url-status=dead }}</ref> Maziarz chose not to run for re-election in 2014 after being charged by former state Attorney General Eric Schneiderman with election law violations.<ref>{{cite news |url=https://www.timesunion.com/7dayarchive/article/Former-Sen-George-Maziarz-pleads-guilty-to-12723621.php |title=Former Sen. George Maziarz pleads guilty in Albany |newspaper=Albany Times Union |author=Rick Karlin |date=March 3, 2018 |access-date=November 9, 2018}}</ref> In 2018, the Democratic party regained the majority.

The Senate Environmental Conservation, as standing committee, was chaired by Todd Kaminsky, of Long Island.<ref>{{cite web |url=https://www.nysenate.gov/committees/environmental-conservation |title=NYS Senate Environmental Conservation: STANDING COMMITTEE |year=2019 |access-date=November 20, 2019}}</ref><ref>{{cite web |url=https://www.nysenate.gov/senators/todd-kaminsky |title=Senator Todd Kaminsky |year=2019 |access-date=November 20, 2019}}</ref>

===Assembly===

[[File:DDB Gen Portrait-chinGW2 0859.jpg|thumb|right|Didi Barrett, chairperson of the New York State Assembly standing committee on Energy]]

As of July 2025, Didi Barrett, representing parts of Dutchess and Columbia Counties, is chairperson of the New York State Assembly Standing Committee on Energy.<ref>{{cite web|url=https://nyassembly.gov/comm/?sec=mem&id=14|title=NYS Assembly Energy Committee Webpage|access-date=July 25, 2025}}</ref> She is also a member of the Committee on Environmental Conservation.<ref>{{ cite web|url=https://nyassembly.gov/mem/Didi-Barrett/comm/|title=Committee Membership|access-date=July 25, 2025}}</ref>

From 2018 until January 1, 2023, Member of the Assembly Michael Cusick, a Democrat representing parts of Staten Island, was chairperson.<ref>{{cite web |last1=Liotta |first1=Paul |title=After nearly 20 years and passage of 120 laws, Assemblyman Michael Cusick looks back at his time in office |url=https://www.silive.com/politics/2022/12/after-nearly-20-years-and-passage-of-120-bills-assemblyman-michael-cusick-looks-back-at-his-time-in-office.html |website=silive.com |access-date=July 25, 2025|language=English |format=Website |date=27 December 2022}}</ref>

In 2014, Member of the Assembly Amy Paulin, representing parts of suburban Westchester County, was the chair.<ref>[http://www.assembly.state.ny.us/comm/?sec=mem&id=14 New York State Assembly website Committee on Energy listing]. Retrieved April 7, 2014.</ref> Congressman Paul Tonko,<ref name="sdg-lamendola1">{{cite news | first = Michael | last = Lamendola | title = Tonko wins to succeed McNulty | url = http://www.dailygazette.com/news/2008/nov/05/1105_tonko/ | work = The Daily Gazette | location = Schenectady, New York | date = 2008-11-05 | access-date = 2009-03-10 }}</ref> Assemblyman Kevin Cahill, representing Upstate Ulster and Dutchess counties,<ref>[New York State Assembly website Member Kevin Cahill's page]. Retrieved March 6, 2009.</ref><ref>[http://www.assembly.state.ny.us/comm/?sec=mem&id=14 New York State Assembly website Committee on Energy listing]. Retrieved March 6, 2009 and January 24, 2011.</ref> and Thomas O'Mara are all past chairs.<ref name=Updates /> Former comptroller Andrew Hevesi, was formerly a chair of the Assembly Renewable Energy subcommittee.<ref>Andrew Hevesi, "Promoting Solar Energy and Job Creation in New York State," ''NY Capitol News '', April 26, 2010. Found at [http://www.nycapitolnews.com/news/128/ARTICLE/1725/2010-04-26.html NY Capitol News archives] {{Webarchive|url=https://web.archive.org/web/20101216191819/http://nycapitolnews.com/news/128/ARTICLE/1725/2010-04-26.html |date=2010-12-16 }}. Accessed August 5, 2010.</ref>

In 2017, the Committee on Energy held hearings to discuss the pending shut down of Indian Point, Zero-Emissions Credits, and the Clean Energy Standard.<ref>{{cite web|url=https://nyassembly.gov/comm/?sec=post&id=14|title=NYS Assembly Committee on Energy News Page|access-date=November 9, 2018}}</ref> Committee on Energy hearings in 2009 included hearings on the New York Independent System Operator's Electricity Commodity Pricing,<ref name="NYISO hearing">Notice of Public Hearing, from the [http://www.assembly.state.ny.us/comm/Energy/20090209/ New York State Assembly website Committee on Energy pages]. Retrieved March 6, 2009.</ref><ref name="NYISO open">Larry Rulison, "NYISO openness needed, critic says: Author of study urges transparency in system's bidding process," ''Albany Times Union'', March 5, 2009, found at [http://www.timesunion.com/ASPStories/Story.asp?storyID=776466&newsdate=3/6/2009&BCCode=MBTA Albany Times Union website], and "Assemblyman blasts NYISO over rates: Brodsky touts new study critical of its method of setting electric prices," ''Albany Times Union'', March 4, 2009, found at [http://www.timesunion.com/ASPStories/Story.asp?storyID=776070&newsdate=3/6/2009&BCCode=MBTA Albany Times Union website]. Both articles retrieved March 6, 2009.</ref> the December Ice Storm power outages,<ref>Hearing on December Ice Storm Power Outages, Report at [http://www.assembly.state.ny.us/comm/Energy/20090123a/ New York State Assembly website Committee on Energy pages] and Notice of Public Hearing at [http://www.assembly.state.ny.us/comm/Energy/20090115/ New York State Assembly website Committee on Energy pages]. Retrieved March 6, 2009.</ref> and an annual report.<ref name=Updates /><ref>[http://www.assembly.state.ny.us/comm/Energy/2008Annual/ New York State Assembly website Committee on Energy pages] and [http://www.assembly.state.ny.us/comm/Energy/2008Annual/report.pdf Annual Report in .pdf format]. Retrieved March 6, 2009.</ref>

The Assembly Energy committee "has jurisdiction over legislation related to energy availability and sources, policy and planning, conservation, and electric and gas rate-making in New York State".<ref name=Updates /> This includes any amendments to N.Y. Energy Law and Public Service Law.<ref name=Updates /> It has concurrent jurisdiction over the authorities and agencies dealing with energy, including NYSERDA, the Long Island Power Authority, Department of Environmental Conservation, and the Power Authority of the State of New York.<ref name=Updates />

===New 2007-2022 laws=== thumb|right|Andrew Cuomo, Governor of New York (2011-2021), in 2021 The state has enacted, in 2007, a number of recent laws to control carbon emissions.<ref>[http://assembly.state.ny.us/member_files/090/20070921/ website of Member of Assembly Sandy Galef] {{Webarchive|url=https://web.archive.org/web/20121201074847/http://assembly.state.ny.us/member_files/090/20070921/ |date=2012-12-01 }}. Accessed August 27, 2008.</ref> There is also a new Article 13 of N.Y. Energy Law, the State Green Building Construction Act, in 2008.<ref name="ENG 13" /><ref name=Green>New York Laws, Chapter 565 of the Laws of 2008.</ref> This new Act is composed of four sections, including N.Y. Energy L. § 13–107, "Agency green building construction requirements".<ref name="ENG 13" /><ref name=Updates /><ref name=Green /> They also passed a law to establish a "Green Residential Building Grant Program", which directs NYSERDA to grant moneys subject to LEED.<ref name=Updates /><ref name=Leed>New York Laws, Chapter 631 of the Laws of 2008.</ref> The LEED status of a recently built state authority convention center - the Albany Capital Center - is unknown. Finally, the legislature also enacted three closely related laws to expand "Net metering" of alternative energy generating systems.<ref name=Updates /><ref>New York Laws, Chapters 452, 480, and 483 of the Laws of 2008.</ref>

Senator Kevin Parker stated that he had been "aiming for a long time" to work on energy and environmental issues.<ref name="NY Capitol News">"Issue Forum: Energy," NY Capitol News, February 2009, pp. 4–9, found at [http://nycapitolnews.com/loadattachment.php?attachmentid=128_1445_97 NY Capitol News website] {{Webarchive|url=https://web.archive.org/web/20090309110706/http://nycapitolnews.com/loadattachment.php?attachmentid=128_1445_97 |date=2009-03-09 }}(.pdf document). Retrieved March 9, 2009.</ref> Among the issues he wanted to address are "energy generation and transmission... public transportation... [and] Renewable energy... "<ref name="NY Capitol News" /> Assemblyman Cahill noted equally "ambitious goals for renewable power and energy conservation", especially by funding the State Energy Plan, "mass transit", repowering "Old hydro facilities" and modernizing the states "electric grid".<ref name="NY Capitol News" /> NYSERDA president Francis Murray, Jr. echoed that it was "the most ambitious clean-energy program in the nation".<ref name="NY Capitol News" />

The Power New York Act, enacted in July 2011,<ref>{{Cite news |author=Bracewell & Giuliani LLP|url=http://www.natlawreview.com/article/power-ny-act-2011-swings-door-open-renewable-development|title=Power NY Act of 2011 Swings the Door Open for Renewable Development |work=The National Law Review |date=17 August 2011 |access-date=12 January 2012}}</ref> re-establishes the Article 10 energy plant siting law, which had expired (sunsetted) over seven years prior.<ref>{{cite web|title=Article 10 - Board on Electric Generation Siting and the Environment|url=http://www3.dps.ny.gov//W/PSCWeb.nsf/All/64C8A03C408086EB85257687006F3ABE?OpenDocument |publisher=New York State Public Service Commission|access-date=July 6, 2011}}</ref><ref>{{cite web|title=Article X, Green Jobs To Be Part Of End-Of-Session Deal|last=Hawkins|first=Andrew|date=June 22, 2011|access-date=July 6, 2011|url=http://nycapitolnews.com/2011/06/article-x-green-jobs-to-be-part-of-end-of-session-deal/|publisher=Capitol news|archive-url=https://web.archive.org/web/20110706020221/http://nycapitolnews.com/2011/06/article-x-green-jobs-to-be-part-of-end-of-session-deal/|archive-date=July 6, 2011|url-status=dead}}</ref> The new law had overwhelmingly favorable editorial support.<ref>{{cite news|title=Power-plant siting act is welcome|date=July 2, 2011|access-date=July 6, 2011|url=http://www.poughkeepsiejournal.com/article/20110703/OPINION01/107030354/Power-plant-siting-act-welcome?odyssey=mod%7Cnewswell%7Ctext%7CPoughkeepsieJournal.com%7Cs|newspaper=Poughkeepsie Journal}}</ref>

In 2012, several items on Governor Andrew Cuomo's agenda were done: # Launch of the New York Energy highway (see below) # Passage of tax credits for solar leasing # Passage of tax exemptions for solar power for all building classes.<ref>{{cite news|url=http://www.cityandstateny.com|publisher=City and State|title=Agenda: energy|date=September 17, 2012|access-date=October 8, 2012}}</ref>

For 2012 income taxes, taxpayers can now take a credit for "Solar Energy System Equipment Credit" by using Form IT-255.<ref>N.Y. Form IT-255, [http://www.tax.ny.gov/pdf/2012/inc/it255i_2012.pdf], instructions here: [http://www.tax.ny.gov/pdf/2012/inc/it255i_2012.pdf]. Both accessed April 11, 2013.</ref>

In 2013, in response to Hurricane Sandy, the 2013 LIPA Reform Act was passed. This bill shifted operation of LIPA's electric transmission and distribution system from National Grid to PSEG-LI and also allowed for greater review of LIPA's finances by the Public Service Commission. The Act has been criticized by the New York State Comptroller for increasing retail rates, increasing LIPA's debt, and decreasing consumer transparency.<ref>{{cite news|url=https://www.newsday.com/news/region-state/albany-legislation-seeks-to-reform-the-2013-lipa-reform-act-1.11805734|archive-url=https://web.archive.org/web/20160517103235/http://www.newsday.com/news/region-state/albany-legislation-seeks-to-reform-the-2013-lipa-reform-act-1.11805734|url-status=dead|archive-date=May 17, 2016|title=Albany legislation seeks to reform the 2013 LIPA Reform Act|newspaper=Newsday|author=Mark Harrington|date=May 16, 2016|access-date=November 9, 2018}}</ref><ref>{{cite news|url=https://www.newsday.com/long-island/state-comptroller-dinapoli-criticizes-lipa-reform-act-1.10672220|archive-url=https://web.archive.org/web/20150728022320/http://www.newsday.com/long-island/state-comptroller-dinapoli-criticizes-lipa-reform-act-1.10672220|url-status=dead|archive-date=July 28, 2015|title=LIPA Reform Act hurting customers, state Comptroller Thomas DiNapoli says|author=MARK HARRINGTON|newspaper=Newsday|date=July 23, 2015|access-date=November 8, 2018}}</ref>

A 2016 bill to create tax incentives for geothermal energy systems<ref>{{cite news|title=Ask Governor Cuomo to sign geothermal energy tax credit bill|first=Bill|last=Nowak|work=Sierra Atlantic|date=Fall 2016|url=https://atlantic2.sierraclub.org/content/ask-governor-cuomo-sign-geothermal-energy-tax-credit-bill}}</ref> was vetoed by Governor Cuomo.<ref>{{cite web|url=http://nyassembly.gov/leg/?default_fld=&leg_video=&bn=A09925&term=2015&Summary=Y&Actions=Y|work=New York State assembly|first=Carl|last=Heastie|title=Session 2015-2016, A. 9925|access-date=March 8, 2017}}</ref>

thumb|right|Kathy Hochul, Governor of New York, in 2024

As part of the FY 2023 state budget, Governor Kathy Hochul signed a legislative agreement to suspend the gasoline and certain other fuel taxes from June 1 to December 31, 2022.<ref>{{cite news|first1=Danny |last1=Amron|first2=Grace|last2=Katz|first3=Richard |last3=Perrins|work=The Daily Orange|date=April 2022|title=New York state reaches $220 billion budget agreement|url=https://dailyorange.com/2022/04/new-york-state-billion-budget-agreement/|access-date=June 1, 2022}}</ref><ref>{{cite web|url=https://www.governor.ny.gov/news/governor-hochul-announces-highlights-historic-fy-2023-new-york-state-budget|work=New York State Governor's Office|title=Governor Hochul Announces Highlights of Historic FY 2023 New York State Budget: Suspending Fuel Taxes|date=April 9, 2022|access-date=June 1, 2022}}</ref>

==Related statutes== In Consolidated Laws, there are many sections that have cross-references to, or relate to, N.Y. Energy Law and energy taxes in New York.<ref>{{cite web|url=https://www.taxadmin.org/assets/docs/MotorFuel/2018%20Motor%20Fuel%20Tax%20Information%20by%20State%20Book.pdf |pages=306–308|title=Motor Fuel Tax Information By State: Updated September 2018|publisher=Federation of Tax Administrators|year=2018|access-date=November 20, 2019}}</ref> Within N.Y. Environmental Conservation Law are several articles relevant to energy, including the Mineral Resources laws, article 23.<ref>N.Y. ECL, art. 23. Found at [http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$ENVA23$$@TXENV0A23+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=24382709+&TARGET=VIEW N.Y. State Assembly website]. Retrieved February 29, 2012.</ref> This is also called the N.Y. Oil, Gas, and Solution Mining Law,<ref>N.Y. ECL, § 23-0102. Found at [http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$ENV23-0102$$@TXENV023-0102+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=24382709+&TARGET=VIEW N.Y. State Assembly website]. Retrieved February 29, 2012.</ref> which includes permitting, fees, and related laws.

New York taxes a variety of energy uses and products.<ref>For all of the tax laws in New York, ''see'' [http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS New York state assembly official website], then go TAX. Retrieved February 24, 2009.</ref> The state publishes monthly statistics of all tax revenue, including for petroleum and other taxes.<ref>{{cite web|url=https://www.tax.ny.gov/pdf/stats/collections/FY19_20/september_2019_tax_collections.pdf |publisher=New York State Department of Taxation and Finance, Office of Tax Policy Analysis |title=MONTHLY GROSS AND NET TAX COLLECTIONS|date=September 30, 2019|access-date=November 20, 2019}}</ref> The state collects an effective rate of 24.4 cents per gallon tax on gasoline and gasohol ("motor fuel"), and 22.65 cents per gallon on diesel.<ref>N.Y. Tax L. §§ 523(b), 524 (c), 1111, 1136 (a)(7); ''see also'' the entire N.Y. Tax L. Article 21-A for context.</ref><ref name="MVET Rates">[http://www.taxadmin.org/fta/rate/motor_fl.html Motor Fuel Excise Tax Rates as of January 1, 2008 from the Federation of Tax Administrators website]. Retrieved February 24, 2009. {{webarchive |url=https://web.archive.org/web/20090223072815/http://www.taxadmin.org/fta/rate/motor_fl.html |date=February 23, 2009 }}</ref> The Empire State is tied with California for the highest combined gas taxes, at 67.7 cents per gallon.<ref>''Wall Street Journal'', chart, "Paying at the Pump: Combined state and federal gas taxes", citing the American Petroleum Institute, n.d., quote: "Note: figures are as of July...."</ref> New York also has a motor fuel tax.<ref>N.Y. Tax L. §§ 282-289F, Art. 12-A; 20 N.Y.C.R.R. Parts 410, 430; 102 N.Y. Jur. 2d § 2535.</ref> It requires a certification that the tax has been assumed or paid by the distributor.<ref>N.Y. Tax L. §§ 285-a (3)(d) (motor fuel generally), 285-b (4)(d) (diesel motor fuel); 20 N.Y.C.R.R. § 412.4; 102 N.Y. Jur. 2d § 2537.</ref> The state requires certain records to be kept.<ref>N.Y. Tax L. § 286 (1); 20 N.Y.C.R.R. §§ 413.4 (b), 418.1 (b); 102 N.Y. Jur. 2d § 2538.</ref> The state also has a "highway use tax".<ref>N.Y. Tax L. Article 21.</ref>

As of 2007, New York collected one of the smallest amounts of revenue from extraction taxes of any state—only 5.8 percent of its overall sources.<ref name="taxdis">[http://www.taxadmin.org/fta/rate/07taxdis.html 2007 State Tax Collection by Source from the Federation of Tax Administrators website] {{Webarchive|url=https://web.archive.org/web/20090221235533/http://taxadmin.org/fta/rate/07taxdis.html |date=2009-02-21 }}. Retrieved February 24, 2009.</ref>

New York has a statute that regulates the "Recording of solar energy easements".<ref name=easement>N.Y. Real Property Law § 335-b, found at [http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS New York state assembly official website], then go to RPP. Retrieved February 5, 2009.</ref> It requires that such easements be in writing, signed, and acknowledged with the same formalities as recording other conveyances.<ref name=easement /> It also requires, "Any instrument creating a solar energy easement shall include ... (a) The vertical and horizontal angles, expressed in degrees, at which the solar energy easement extends over the real property ... (b) Any terms or conditions ... [and] (c) Any provisions for compensation of the owner of the property...."<ref name=easement />

The state has an "alternative fuels (tax) credit" at N.Y. Tax Law § 187-b that applies to certain hybrid cars, against the franchise taxes in Tax Law §§ 183, 184, 185.<ref>N.Y. Tax Law § 187-b, citing Tax Law §§ 183, 184, 185. Found at [http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$TAX187-B$$@TXTAX0187-B+&LIST=SEA5+&BROWSER=EXPLORER+&TOKEN=26962072+&TARGET=VIEW NY state assembly website]. Retrieved February 16, 2011.</ref> It does ''not'' apply to any individual income tax.

Other related sections of the N.Y. Consolidated laws include:<ref name="Assembly">[http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS New York state Assembly official website]. Retrieved February 9, 2009.</ref> # Executive Law § 11 Fuel and energy shortage state of emergency # Executive Law § 29-G Emergency management assistance compact # Executive Law § 201-A State clean-fueled vehicle program # Public Service Law § 66 General powers of commission in respect to gas, etc. # Public Service Law § 66-C Conservation of energy # Public Service Law § 66-G Sale of indigenous natural gas for generation of energy # State Finance Law § 127-A Energy conservation in state-aided programs # Tax Law § 19 Green building credit # Tax Law § 186-a Tax on the furnishing of utility services (a tax of 2 1/2% starting January 1, 2000, on gross income is imposed on "every provider of telecommunication services") # Tax Law § 301-I Energy business # Tax Law § 1105-A Reduced tax rate on certain energy sources and services # Social Services Law § 153-F State reimbursement of home energy grant expenses # Real Property Tax Law § 487 Exemption from taxation for certain solar or wind.

There are also at least two unconsolidated sections of law that refer to Energy Law, which allow for a credit against certain local taxes.<ref>Local Corporation Taxes § 4-f, about "Credit relating to certain sales and compensating use taxes on electricity used in manufacturing, processing or assembling," and § 101, "Imposition of tax," from [http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS New York state Assembly official website], then search for "Energy law." Retrieved February 5, 2009.</ref> In addition, the Climate Leadership and Community Protection Act effects energy law.

==Case law== There is a body of case law concerning energy in New York, enough for NY Jur 2d to have a listing for "Energy", and case law on energy taxation.<ref>102 N.Y. Jur. 2d Taxation and Assessment §§ 2535–2604.</ref>

[[File:Storm King mountain as viewed from top of Break Neck Ridge.JPG|thumb|right|Storm King and New York State Route 218 as seen from atop Breakneck Ridge]] One of the most critical cases in New York energy law history is probably the precedent-setting ''Scenic Hudson Preservation Conference v. Federal Power Commission'', 354 F.2d 608 (2d Cir. 1965), known as the ''Storm King'' case, in which the court held that Scenic Hudson had legal standing because of their "special interest in aesthetic, conservational, and recreational aspects" of the mountain.<ref name="resource1">{{cite court |litigants=Scenic Hudson Preservation Conference v. Federal Power Commission |vol=354 |reporter=F.2d |opinion=608 |pinpoint= |court=2nd Cir. |date=1965 |url= http://law.justia.com/cases/federal/appellate-courts/F2/354/608/151121/ |accessdate=25 July 2025|quote=We hold that the Federal Power Act gives petitioners a legal right to protect their special interests.}}</ref>

[[File:Letitia James Interview Feb 2020.png|thumb|right|Letitia James, New York Attorney General (as of 2025)]] Under New York law, both the New York Attorney General or a district attorney may prosecute alleged polluters who make oil spills.<ref>Mark Fass, "Panel Finds D.A. Can Prosecute Polluter Under N.Y. Law", ''New York Law Journal'' (N.Y.L.J.), August 22, 2008, may be found at [http://www.bloglines.com/blog/PLL/2008_8_22 Bloglines website]{{Dead link|date=October 2019 |bot=InternetArchiveBot |fix-attempted=yes }} or [http://www.law.com/jsp/nylj/PubArticleNY.jsp?hubtype=TopStories&id=1202423964488 N.Y.L.J. website] {{Webarchive|url=https://web.archive.org/web/20090606155826/http://www.law.com/jsp/nylj/PubArticleNY.jsp?hubtype=TopStories&id=1202423964488 |date=2009-06-06 }} (Subscription Required). Citing ''People v. Quadrozzi'', No. 2006-065575 (2d dep't 2008), which cited N.Y. ECL §§ 71-0403 and 71-1933 (9), see [http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS NY Laws at the Assembly official website], go to "ENV – Environmental Conservation", then "ARTICLE 71 – ENFORCEMENT". Links accessed August 27, 2008.</ref>

The motor fuel excise tax is collected from a "distributor" – usually a wholesaler – even though the ultimate burden to pay the tax may be on a retailer or purchaser.<ref>''In re Conklin'', 110 F.2d 178 (2d Cir. 1940); see 102 N.Y. Jur. 2d Taxation and Assessment § 2543, citing this case.</ref> There is a presumption of taxability, so taxing authorities can allow reasonably for only a 1% loss for "evaporation and spillage" in long-term storage tanks.<ref>''Evans v. Gallman'', 48 A.D.2d 466, 370 N.Y.S.2d 223 (3d Dep't 1975); see 102 N.Y. Jur. 2d Taxation and Assessment § 2541, citing this case.</ref> A bus company, such as Greyhound bus, is considered a distributor for the purposes of the motor fuel excise tax.<ref>''Central Greyhound Lines v. Graves'', 274 A.D.2d 679, 87 N.Y.S.2d 441 (3d Dep't 1949); see 102 N.Y. Jur. 2d Taxation and Assessment § 2541, citing this case.</ref> A retailer is liable for the amount of tax due bought from a supplier from New Jersey.<ref>''Mira Oil Co. v. Chu'', 114 A.D.2d 619, 494 N.Y.S.2d 458 (3d Dep't 1985); see 102 N.Y. Jur. 2d Taxation and Assessment § 2544, citing this case.</ref>

The issue of taxation of Native Americans for motor fuel has created a moderately large body of case law in itself. While the state can not impose excise taxes ''directly'' on "Indians", it can tax the sale of fuel to non-Indians even on Indian reservations.<ref>''New York State Dept. of Taxation & Finance v. Bramhall'', 235 A.D.2d 75, 667 N.Y.S.2d 141 (4th Dep't 1997); see 102 N.Y. Jur. 2d Taxation and Assessment § 2548, citing this case.</ref> This statute, dictating the collection of gas and similar taxes, does not violate the Commerce Clause.<ref name=Snyder>''Snyder v. Wetzler'', 84 N.Y.2d 941, 620 N.Y.S.2d 813, 644 N.E.2d 1369 (1994), found at [http://www.leagle.com/xmlResult.aspx?xmldoc=1994102584NY2d941_1854.xml&docbase=CSLWAR2-1986-2006 Leagle.com website], March 13, 2013; see 102 N.Y. Jur. 2d Taxation and Assessment § 2548, citing this case.</ref> The law has also been upheld as not in violation of the Equal Protection Clause, based on the rational basis test.<ref name=Snyder /><ref>''N.Y. Association of Convenient Stores v. Urbach'', 275 A.D.2d 520, 712 N.Y.S.2d 220 (3d Dep't 2000); see 102 N.Y. Jur. 2d Taxation and Assessment § 2548, citing this case.</ref>

Conservation easements in New York have been created by caselaw and private real estate contracts.<ref>[http://www.dec.ny.gov/lands/41156 Conservation easements at the New York State Department of Environmental Conservation]{{Dead link|date=November 2025 |bot=InternetArchiveBot }}. Accessed October 18, 2011.</ref>

In ''Matter of Suozzi v Tax Appeals Trib. of the State of N.Y.'', 2020 NY Slip Op 00193 (3d Dept. 2020), the Third Department appellate court held that a heat pump that draws kinetic energy from the potential energy in the ground "is not a qualified solar energy system within the meaning of [N, Y.] Tax Law § 606(g-1)."<ref>{{cite web|url=https://www.nysba.org/WorkArea/DownloadAsset.aspx?id=99151|work=Case Prep Plus|first=Bruce|last=Freeman|publisher=New York State Bar Association (behind a paywall)|title=THIRD DEPARTMENT: ENVIRONMENTAL LAW, TAX LAW, ADMINISTRATIVE LAW.|access-date=January 17, 2020}}{{Dead link|date=November 2025 |bot=InternetArchiveBot }}</ref> This is because the taxpayers didn't own solar panels, but "installed a ground source heat pump system to heat, cool and provide hot water for their home, [which] functions by way of a heat exchanger that is installed in the ground outside the home. The heat exchanger is a piping system that takes heat from the ground, which is generated by solar thermal energy stored in the earth's crust, and transfers it to a heat pump in order to bring heat from the ground into the home during cooler months."<ref name=Suozzi>{{cite web|url=http://nycourts.gov/reporter/3dseries/2020/2020_00193.htm|publisher=New York State Court Administration|title=''Matter of Suozzi v Tax Appeals Trib. of the State of N.Y.'', 2020 NY Slip Op 00193, Appellate Division, Third Department|date=January 9, 2020|access-date=January 17, 2020}}</ref> While "a ground source heat pump system indirectly utilizes solar radiation," they were not entitled to claim "a $5,000 Solar Energy System Equipment Tax Credit..." although their contractor had assured them they could; the taxpayers end up being audited and thus "owed the $5,000 tax credit, plus interest."<ref name=Suozzi />

==Rules, regulations, and benefits==

===Regulatory law, generally=== General energy regulations may be found at Title 9, Subtitle BB of the ''New York Code of Rules and Regulations'' (N.Y.C.R.R.).<ref>9 N.Y.C.R.R. Parts 7840–7863, online at NYCRR Title 9, accessed April 15, 2009; ''see also'' West's NY Digest 4th, Public Utilities ## 101 ''et seq.'', 53 NY Jur. 2d §1; see also 21 N.Y.C.R.R. Parts 500–506, for NYSERDA, ''q.v.''.</ref> Changes to the rules are published in the ''New York Register''.<ref>[http://www.dos.state.ny.us/info/register.htm ''New York Register'' website] {{Webarchive|url=https://web.archive.org/web/20091021201915/http://www.dos.state.ny.us/info/register.htm |date=2009-10-21 }}. Accessed October 22, 2009.</ref>

New York regulation has "allowed consumers and businesses to choose their own supplier" of gas and electricity, in the hope that this will lower retail prices, as well as to spur the development of "more innovative products".<ref name=Choice>{{cite news|work=Albany Times Union|title=Energy choice saves little: With gas and electricity rates so low, switching energy supplier not likely to change your bill|last=Rulison|first=Larry|pages=D1–D2|date=October 17, 2012}}</ref> However, these energy choices have not saved the ultimate consumer very much, because the price of natural gas, and any energy produced from it, had fallen relatively low as of 2012.<ref name=Choice /> The news report cited studies by AARP, the Public Utility Law Project, and the Retail Energy Supply Association (RESA), "an energy supplier trade group", were made between 2010 and 2012.<ref name=Choice /> Only if consumers switch from oil to gas would they save much money.

The New York Public Service Commission holds public hearings regarding the permits for gas lines.<ref>{{cite news|title=PSE holds hearings on GlobalFoundries gas line|work=Albany Times-Union|last=Rulison|first=Larry|pages=D1–D2|date=January 10, 2011}}</ref>

[[File:MohawkNiagraFacade.jpg|thumb|right|upright|A portion of the Art Deco façade of the Niagara-Mohawk Power building in Syracuse, New York (2005), as of 2025 owned by National Grid plc]]

In 2019, Governor Cuomo threatened to cancel National Grid's franchise certificate to operate natural gas lines in downstate New York, unless they reversed a self-imposed moratorium on new gas customers; the effect would have been to prevent them from operating by regulatory dictate.<ref>{{cite news|work=Associated Press via AMNY|url=https://www.amny.com/business/ny-governor-threatens-to-prevent-gas-company-from-operating/|title=Cuomo threatens to prevent National Grid from operating in NYC area|date=November 13, 2019|access-date=November 27, 2019}}</ref> National Grid faced a two-week deadline to reverse its denial of "gas service to over 1,100 customers" between May and November 2019; the utility "blamed New York’s rejection of an application for a $1 billion pipeline bringing natural gas from Pennsylvania’s shale gas fields," but the pipeline will not be ready until 2020.<ref>{{cite news|work=AP via AMNY|url=https://www.amny.com/politics/national-grid-faces-deadline-following-cuomo-threat/|title=National Grid faces deadline following Cuomo threat|date=November 23, 2019|access-date=November 27, 2019}}</ref> On November 26, 2019, National Grid agreed to end its moratorium to Brooklyn, Queens, Nassau and Suffolk Counties, and to give up to $7 million in customer assistance to remedy hardships created by the six-month moratorium.<ref name="Cuomo NatGrid">{{cite news|work=AMNY|title=Cuomo, NatGrid agree to turn off gas ban|first=Bill|last=Parry|page=A11|date=November 27, 2019}}</ref> Attorney general Letitia James lauded the agreement, saying "I am grateful that Governor Cuomo pushed National grid to do the right thing and brought attention to this critical matter."<ref name="Cuomo NatGrid" />

[[File:TPD's Headshot (cropped).jpg|thumb|right|Tom DiNapoli, New York State Comptroller, as of 2025]]

The New York State Comptroller is the sole trustee of the state's $226 Billion state employees' pension plan and has the authority to issue regulations and trades according to that. On December 9, 2020, Thomas DiNapoli announced a plan to divest about $12 billion of that money from oil and gas companies to renewable energy companies, in line with the Paris Climate Agreement.<ref>{{cite news|url=https://www.sltrib.com/opinion/commentary/2020/12/10/bill-mckibben-new-york/|work=Salt Lake Coty Tribune|first=Bill |last=McKibben|title=New York sends a blunt message to Big Oil: Empire State to end its investments in fossil fuel companies |date=December 10, 2020|access-date=December 16, 2020}}</ref>

===New York Energy Highway=== The [http://www.nyenergyhighway.com/ New York Energy Highway] is a project developed by Governor Andrew Cuomo, and announced in his 2012 state of the state address.<ref name="Energy Forward">{{cite web|url=http://www.nypa.gov/EnergyHighway/default.htm|title=Governor's Energy Highway Initiative Moves Forward|work=New York Power Authority|date=n.d.|access-date=February 27, 2013|archive-url=https://web.archive.org/web/20130606042347/http://www.nypa.gov/EnergyHighway/default.htm|archive-date=June 6, 2013|url-status=dead}}</ref> The purpose of the initiative is "to ensure that New York's energy grid remains the most advanced in the nation and to promote increased business investment in the state".<ref name="Energy Forward" /> A Task force was charged with "its implementation and enlisting the private sector".<ref name="Energy Forward" /> The Task Force is co-chaired by NYPA CEO Gil Quiniones and New York State Department of Environmental Conservation commissioner Joseph Martens.<ref>{{cite web|url=http://www.nyenergyhighway.com/TaskForceMember.html |title=Energy Highway Task Force Members|work=New York Energy Highway|date=n.d.|access-date=February 27, 2013}}</ref> In April 2012, the Task Force held a summit at Columbia University to explore the issues involved.<ref>{{cite web|url=http://www.nyserda.ny.gov/About/Newsroom/2012-Announcements/2012-04-04-Governor-Cuomo-Energy-Highway-Task-Force-Holds-Summit.aspx|title=Newsroom (press release)|work=NYSERDA|date=April 4, 2012|access-date=February 27, 2013}}</ref> They also called for more ideas through an administrative request process, which that lasted from April 11 through May 30, 2012.<ref>{{cite web|url=http://www.nyenergyhighway.com/CallForIdeas.html |title=Call for Ideas|work=New York Energy Highway |date=n.d.|access-date=February 27, 2013}} Brochure at [http://www.nyenergyhighway.com/Content/pdf/EH_RFI_Brochure_2012.pdf Request for Information].</ref> According to co-chair Quiniones, writing in the industry paper ''EnergyBiz'', the results were that 400 people attended the Energy Highway Summit, and 85 entities submitted over 100 suggestions and ideas for the Task Force.<ref>{{cite news|url=http://www.energybiz.com/magazine/article/288513/building-new-york-states-energy-highway|work=Energy Biz|title=Building New York State's Energy Highway: DEALING WITH AGING LINES|issue=November and December 2012|last=Quiniones|first=Gil|date=n.d.|access-date=February 27, 2013}}</ref>

The [http://www.nyenergyhighway.com/Blueprint.html Energy Highway Blueprint] is the Task Force's October 2012 report with 13 proposals, including investment of over $1 billion "new electric transmission capacity [and] new renewable energy projects", the retrofitting of "existing inefficient, high emission plants", the development of "Smart Grid technologies," and conducting "field studies of Atlantic Ocean offshore wind development potential".<ref name="Energy Forward" /><ref>{{cite news|url=http://transportationnation.org/2012/10/22/blueprint-for-new-yorks-energy-highway-unveiled/ |work=Transportation Nation|title=Blueprint for New York's "Energy Highway" Unveiled|last=Hinds|first=Kate|date=October 22, 2012|access-date=February 27, 2013}}</ref>

In December of that year, Cuomo announced progress on the plan that included a $726 Million upgrade to the state's transmission network.<ref name="Transmission Upgrade">{{cite web|url=http://www.governor.ny.gov/press/12192012cuomo726milupgradeenergyhighway|title=Governor Cuomo Announces $726 Million Transmission Upgrade Program for Advancing "Energy Highway" Blueprint|work=Governor's Press Office|last=Cuomo|first=Andrew|date=December 19, 2012|access-date=February 27, 2013|archive-date=February 9, 2013|archive-url=https://web.archive.org/web/20130209012155/http://www.governor.ny.gov/press/12192012cuomo726milupgradeenergyhighway|url-status=dead}}</ref>

[[File:Indian Point Nuclear Power Plant.jpg|thumb|right|Indian Point Energy Center (I.P.E.C.) seen from across the Hudson River]]

In early 2013, the Public Service Commission solicited comments and accepted a report filed by ConEd and the state Power Authority about the future of the Indian Point Nuclear Power Plant, in particular the permitting process.<ref name="Steps Taken">{{cite web|url=http://www.nyenergyhighway.com/News-Actions.html|title=Steps taken|work=New York Energy Highway|date=n.d.|access-date=February 27, 2013|archive-url=https://web.archive.org/web/20130806054832/http://www.nyenergyhighway.com/News-Actions.html|archive-date=August 6, 2013|url-status=dead}}</ref> Cuomo has indicated that he is against the continued use of Indian Point.<ref name=my1212>{{cite news|url=http://green.blogs.nytimes.com/2012/03/27/1-2-million-fine-for-indian-point-fire/ |work=The New York Times |title=$1.2 Million Fine for Indian Point Fire |last=Wald|first=Matthew |date=March 27, 2012|access-date=February 27, 2013}}</ref> The October 2012 Blueprint called for alternatives to Indian Point, which was the only plant named specifically by his administration for closure and replacement.<ref name=CityState12813>{{cite news |url=http://www.cityandstateny.com/dead-end-energy-highway-seeks-indian-point-alternatives/ |work=City and State |title=Dead End? "Energy Highway" Seeks Indian Point Alternatives |last=Lentz |first=Jon |date=January 28, 2013 |access-date=February 27, 2013 |archive-url=https://web.archive.org/web/20130521152405/http://www.cityandstateny.com/dead-end-energy-highway-seeks-indian-point-alternatives/ |archive-date=May 21, 2013 |url-status=dead }}</ref> However, the Task Force has no administrative authority to close Indian Point.<ref name=CityState12813 /> Furthermore, the Task Force's Blueprint is not directly linked to Cuomo's opposition to renewal of that plant's permit by the Nuclear Regulatory Commission.<ref name=CityState12813 /> Nonetheless, in a December 2012 press release about the transmission upgrade funding, Cuomo noted in ''dictum'' that:

{{blockquote|other actions undertaken to advance the Energy Highway Blueprint include ... A PSC order for Con Edison to work with NYPA on contingency plans for the potential closing of Indian Point in Westchester County.|Governor Andrew Cuomo, Press release, December 19, 2012<ref name="Transmission Upgrade" />}}

The Task Force identified two coal-operated energy plants' reliability issues, and are working with the Public Service Commission and two utilities, National Grid and NYSEG, on the matter.<ref name="Steps Taken" /> They also have worked on the "key items" of "easing transmission congestion [and] expanding natural gas delivery".<ref name=CityState12813 />

thumb|center|Albany Law School of Union University

On April 23, 2013, Albany Law School hosted a seminar at the New York State Capitol on the future of the State Energy Highway.<ref>{{cite web|url=http://albanylaw.edu/glc/programs/Pages/upcoming-events.aspx|title=Upcoming events|work=Albany Law School|date=n.d.|access-date=February 27, 2013|archive-url=https://web.archive.org/web/20130208031944/http://www.albanylaw.edu/glc/programs/Pages/upcoming-events.aspx|archive-date=February 8, 2013|url-status=dead}}</ref>

===Benefits in NY law===

thumb|right|Ronald Canestrari in 2009 Assemblyman Ronald Canestrari announced the expansion of New York's Home Energy Assistance Program (HEAP) "to help additional households meet their home heating needs...."<ref>"Canestrari: HEAP Expansion Will Help Heat More Homes This Winter," from [http://assembly.state.ny.us/mem/?ad=106&sh=story&story=29768 New York State Assembly government website]. See also [http://www.otda.state.ny.us/main/heap/ Office of Temporary and Disability Assistance government website] and [http://www.myBenefits.ny.gov New York State Benefits government website]. Retrieved March 3, 2009.</ref>

In his 2014 State of the State address, Governor Cuomo pushed for more renewable energy benefits.<ref>{{cite news|url=http://www.capitalnewyork.com/article/albany/2014/01/8538507/more-renewable-energy-state|work=Capital New York|title=More renewable energy for state|last=Waldman|first=Scott|date=January 9, 2014|access-date=July 29, 2014}}</ref> This resulted in NYSERDA's "Renewable Heat NY" that provides subsidies for wood pellet burners.<ref>{{cite news|url=http://theharlemvalleynews.com/9216/83302/a/renewable-heat-ny-to-build-market-for-high-efficiency-low-emissions-wood-fired-h|work=The Harlem valley News|title=Renewable Heat NY to Build Market for High-Efficiency, Low-Emissions Wood-Fired Heating Systems|date=July 29, 2014|access-date=July 29, 2014}}</ref>

==Energy-related authorities==

===NYSERDA=== [[File:NYSERDA Malta.jpg|thumb|NYSERDA Saratoga Technology + Energy Park (STEP), Malta, New York]] The chief regulator for the Energy Law is the "Commissioner" or "president" of the New York State Energy Research and Development Authority (also called NYSERDA).<ref>N.Y. Energy Law § 1-103 (4), found at [http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS New York State Legislature official website], go to "ENG", then "Article 1", finally "1–103 – Definitions". Accessed August 6, 2008.</ref><ref name=nyserda>[http://www.nyserda.ny.gov/About/default.asp NYSERDA official website About webpage] {{Webarchive|url=https://archive.today/20121214105437/http://www.nyserda.ny.gov/About/default.asp |date=2012-12-14 }}. Accessed August 6, 2008.</ref> The board of directors of NYSERDA includes—as a matter of law – several utility insiders, as well as ''ex officio'' commissioners.<ref name=nyserda /><ref>[http://www.nyserda.ny.gov/about/board/default.asp NYSERDA official website Board of Directors webpage] {{Webarchive|url=https://archive.today/20121214003848/http://www.nyserda.ny.gov/about/board/default.asp |date=2012-12-14 }}. Accessed August 6, 2008.</ref> Richard Kauffman is chairman of the board,<ref>{{cite web|url=http://www.nyserda.ny.gov/About/Board-Governance/Board-of-Directors/Richard-L-Kauffman.aspx |work=NYSERDA|title=Richard L. Kauffman, Chair of the NYSERDA Board: Appointed 6/19/2013|date=April 28, 2014|access-date=July 29, 2014}}</ref> and Alicia Barton has been President and CEO since June 2017.<ref>{{cite web|url=https://www.nyserda.ny.gov/About/Executive-Staff/Alicia-Barton |work=NYSERDA|title=Alicia Barton, NYSERDA President and CEO|date=April 28, 2014|access-date=July 29, 2014}}</ref>

NYSERDA was created as a public benefit corporation under NY law.<ref name=nyserda /><ref name=PBA>N.Y. Public Authorities Law §§ 1850 '':et seq.'', found at [http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS New York State Legislature official website], go to "PBA", then "Article 8", finally "Title 9 – (1850–1883) NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY". Accessed August 6, 2008.</ref><ref name=pdf>[http://www.nyserda.ny.gov/About/TITLE_9_NYSERDA.pdf NYSERDA law from its official website]{{Dead link|date=October 2019 |bot=InternetArchiveBot |fix-attempted=yes }} (pdf document). Accessed August 6, 2008.</ref>

The regulations governing NYSERDA may be found at Parts 500–506 of the Code of Rules and Regulations.<ref>21 N.Y.C.R.R. Parts 500–506 (New York Secretary of State, amended as of November 15, 2007). See online at NYCRR Title 21, Chapter XI, accessed April 15, 2009.</ref> There are procedures for minutes of meetings <ref>21 N.Y.C.R.R. §§ 500.1–500.2.</ref> and approval of actions by the Governor pursuant to law.<ref>21 N.Y.C.R.R. § 500.3, citing N.Y. Public Authorities L. § 1853.</ref> There are specific regulations for accessing public meeting records pursuant to Freedom of Information Acts.<ref>21 N.Y.C.R.R. Part 501, §§ 501.1–501.10 (eff. March 27, 1979), pursuant to N.Y. Public Authorities L. §§ 1852, 1855 & N.Y. Public Officers L. § 87.</ref> Generators of low-level radioactive waste must make reports to NYSERDA.<ref>21 N.Y.C.R.R. Part 502, §§ 501.1–501.10 (eff. March 2, 1987, amend. eff. December 5, 2007), pursuant to N.Y. Public Authorities L. §§ 1852, 1854-d, 1855 & N.Y. Public Officers L. § 87, citing Chapter 673 of the Laws of 1986, the Low-Level Radioactive Waste Management Act.</ref> Any "action" of the Authority is subject to the state Environmental Quality Review Act (SEQRA).<ref>21 N.Y.C.R.R. Part 503, §§ 503.1–503.3 (eff. February 27, 1987, amend. eff. July 7, 1999), pursuant to N.Y. Environmental Conservation L. § 8-0113 & N.Y. Public Authorities L. §§ 1852, 1855, citing N.Y. Environmental Conservation L. § 8-0105 & 6 N.Y.C.R.R. § 617.2.</ref> Other regulations include provisions for prompt payment of accounts payable,<ref>21 N.Y.C.R.R. Part 504, §§ 504.1–504.12 (eff. November 30, 1988, amend. eff. December 15, 1993), pursuant to N.Y. Executive L. § 102, N.Y. Public Authorities L. §§ 1852, 1855, 2880 & N.Y. Public Officers L. § 87; citing N.Y. Eminent Domain Procedure L. & N.Y. Public Authorities L. § 2880.</ref> a privacy policy,<ref>21 N.Y.C.R.R. Part 505, §§ 505.1–504.11 (eff. February 21, 2001, amend. eff. December 5, 2007), pursuant to N.Y. Public Authorities L. §§ 1852, 1855 & N.Y. Public Officers L. Art. 6A, §§ 87, 94; citing N.Y. Public Officers L. Art. 6A.</ref> and the purchase of energy efficient products.<ref>21 N.Y.C.R.R. Part 506, §§ 506.1–506.6 (eff. February 4, 2004, amend. eff. April 4, 2007), pursuant to N.Y. Public Authorities L. §§ 1852, 1855, N.Y. Energy L. § 5-108-a (''q.v.'') & N.Y. Executive L. § 102.</ref>

NYSERDA funds a program, with the Farm Bureau, to assist farmers to make electricity from cow manure, or more formally, "to install anaerobic digester gas-to-electric facilities on farms".<ref>Anna Helhoski, "NYSERDA helps farmers turn waste into electricity," ''Legislative Gazette'', February 23, 2009, p. 10, see [http://www.legislativegazette.com/back_issues.php Legislative Gazette website]. Retrieved February 25, 2009.</ref>

===NYISO=== New York has an independent system operator, the New York Independent System Operator (NYISO).<ref name=NYISO>[http://www.nyiso.com/public/index.jsp New York Independent System Operator official website Public information page] {{Webarchive|url=https://web.archive.org/web/20170718011233/http://www.nyiso.com/public/index.jsp |date=2017-07-18 }}. Retrieved March 6, 2009.</ref> The NYISO is the 501(c)(3)<ref>"[https://apps.irs.gov/app/eos/detailsPage?ein=141815612&name=New%20York%20Independent%20System%20Operator%20Inc.&city=Rensselaer&state=NY&countryAbbr=US&dba=&type=CHARITIES,%20COPYOFRETURNS&orgTags=CHARITIES&orgTags=COPYOFRETURNS New York Independent System Operator Inc.]" ''Tax Exempt Organization Search''. Internal Revenue Service. Retrieved April 5, 2022.</ref> nonprofit quasi-governmental agency charged by New York with auctions of energy supplies. Specifically, the NYISO:

{{blockquote|"operates New York's bulk electricity grid, administers the state's wholesale electricity markets, and provides comprehensive reliability planning for the state's bulk electricity system. A not-for-profit corporation, the NYISO began operating in 1999."|NYISO statement of purposes<ref name=NYISO />}} The NYISO also organizes symposia on New York energy law.<ref>[http://www.nyiso.com/public/2009symposium/index.htm New York Independent System Operator official website 2009 Symposium on "Today's critical topics in energy" page] {{Webarchive|url=https://web.archive.org/web/20110714220605/http://www.nyiso.com/public/2009symposium/index.htm |date=2011-07-14 }}. Retrieved March 6, 2009.</ref> The current chairperson{{when|date=September 2022}} of the board is Ave Bie.<ref>{{cite web|url=https://home.nyiso.com/press/press-release-nyiso-board-of-directors-names-nyiso-general-counsel-robert-fernandez-interim-president-and-chief-executive-officer/|title=NYISO Press Release|date=October 17, 2018|access-date=November 14, 2018}}</ref> Effective June 1, 2019, The New York Independent System Operator (NYISO) announced that its Board of Directors named Richard J. Dewey, to be President and Chief Executive Officer,<ref>{{Cite web |title=PRESS RELEASE {{!}} NYISO Board of Directors Names Richard J. Dewey President and CEO |url=https://www.nyiso.com/-/press-release-nyiso-board-of-directors-names-richard-j-dewey-president-and-ceo |access-date=2025-02-06 |website=NYISO |language=en-US}}</ref>

The NYISO is subject to regulation by the legislature.<ref name="NYISO hearing" /><ref name="NYISO open" /> The NYISO is also regulated by the Federal Energy Regulatory Commission.

Based on its 2016 annual report, the NYISO received $156 million in revenue from its rate schedule 1 tariff charge applied to market participants on a $/MWh{{clarify|date=September 2022}} basis throughout the year. It also received $5.46 million from planning studies revenue. The 2016 NYISO expenditures included $81.4 million for compensation, $23.3 million for professional fees and consultants, and $19.4 million for maintenance, software licenses, and facility costs. About $170 million worth of assets was listed as software developed for internal use prior to calculating accumulated depreciation.<ref>{{cite web|url=http://www.nyiso.com/public/webdocs/media_room/publications_presentations/Annual_Reports/Annual_Reports/Annual_Report_2016_FINAL.pdf|title=Annual Report 2016|work=www.nyiso.com|page=17,18,28|access-date=November 30, 2018|archive-date=November 30, 2018|archive-url=https://web.archive.org/web/20181130202206/http://www.nyiso.com/public/webdocs/media_room/publications_presentations/Annual_Reports/Annual_Reports/Annual_Report_2016_FINAL.pdf|url-status=dead}}</ref>

The NYISO is governed by a system of committees - similar in many ways to the organization of Standard Oil and its trusts in the years 1879–1885.<ref>{{cite book|last=Hawke|first=David Freeman|title=John D. The Founding Father of the Rockefellers|publisher=Harper & Row|date=1980|pages=[https://archive.org/details/johndfoundingfa00hawk/page/166 166–167]|isbn=978-0060118136|url-access=registration|url=https://archive.org/details/johndfoundingfa00hawk/page/166}}</ref><ref>{{cite web|url=https://www.nyiso.com/public/markets_operations/committees/index.jsp|title=NYISO Committee Governance|access-date=2018-10-22|archive-date=2018-10-22|archive-url=https://web.archive.org/web/20181022232806/https://www.nyiso.com/public/markets_operations/committees/index.jsp|url-status=dead}}</ref>

The management committee's by-laws were last updated on March 13, 2013. The public may only attend sessions of the management committee in person, and must register with the secretary beforehand. The public may not participate in the governance process. All motions to be acted on must receive a 58% vote to pass. Voting is conducted using a show-of-hands unless members prefer a roll call or secret ballot vote. All officer elections will be conducted by secret ballot voting. The five voting sectors of the management committee are generation owners, other suppliers, transmission owners, end-use consumers, and public power entities. The mentioned voting sectors are allocated with 21.5%, 21.5%, 20%, 20%, and 17% of the total vote, respectively. A quorum of at least three sectors must be present for a vote. The management committee can enter into an executive session upon a 58% vote during a meeting, or upon an anonymous request beforehand. In the executive session, non-voting ISO members, the FERC and the NYSPSC are excluded.<ref>{{cite web|url=http://www.nyiso.com/public/webdocs/markets_operations/committees/general_information/Committee_FAQs_2017.pdf|title=NYISO Committees FAQs Website|publisher=NYISO|access-date=November 20, 2018|archive-date=November 21, 2018|archive-url=https://web.archive.org/web/20181121022120/http://www.nyiso.com/public/webdocs/markets_operations/committees/general_information/Committee_FAQs_2017.pdf|url-status=dead}}</ref><ref>{{cite web|url=http://www.nyiso.com/public/webdocs/markets_operations/committees/general_information/mc_by_laws.pdf|title=Man Committee By-Laws|publisher=NYISO|pages=12, 14–16, 18, 21, 24|date=March 13, 2013|access-date=November 20, 2018|archive-date=November 21, 2018|archive-url=https://web.archive.org/web/20181121022216/http://www.nyiso.com/public/webdocs/markets_operations/committees/general_information/mc_by_laws.pdf|url-status=dead}}</ref>

===New York State Reliability Council=== The New York State Reliability Council is a non-profit organization that provides the NYISO reliability specifications on an annual basis. These specifications impact the amount of resources that are required in the NYISO's capacity market.<ref name="nysrc.org">{{Cite web | url=http://www.nysrc.org/ | title=New York State Reliability Council}}</ref> The council is governed by an executive committee of thirteen members: six from the state's transmission owner sector, one from the generation owner sector, one from the large consumers sector, one from the municipal and electric cooperative sector, and four without affiliations to any wholesale market participants.<ref name="nysrc.org"/> In 2014, the NYSRC had a budget of $761,000.<ref>{{cite web|url=http://www.nysrc.org/pdf/Reports/NYSRC%202013-14%20Biennial%20Report%206-09-15%20Final.pdf|title=2013-2014 Biennial Report|work=www.nysrc.org|date=June 2015|page=2|access-date=November 30, 2018}}</ref>

===New York Public Service Commission=== The New York Public Service Commission is a government agency that regulates the various utilities of the state of New York.<ref>{{cite web|url=http://www3.dps.ny.gov/W/PSCWeb.nsf/All/0C2CE2BE1891DA5285257687006F394B?OpenDocument|work=New York Public Service Commission|title=Companies Regulated by the Commission|date=October 17, 2013|access-date=June 25, 2014}}</ref> Its regulations are contained in title 16 of the New York Codes, Rules and Regulations (Public Service Law).

thumb|right|Nine Mile Point Nuclear Generating Station, seen from afar In 2016, the Commission adopted a Clean Energy Standard, to assist in achieving the state's target of obtaining 50% of its electricity from renewable and nuclear sources by 2030, which will see customer bills increase to support these sources. A particular aim was to support three nuclear plants, Ginna, James A. FitzPatrick and Nine Mile Point that had become uneconomic; the support for nuclear is expected to cost $1 billion in the first two years.<ref name=democratandchronicle-20160801>{{cite news |url=http://www.democratandchronicle.com/story/news/2016/08/01/ny-oks-energy-plan-nuclear-bailout/87923398/ |title=NY OKs energy plan with nuclear bailout |first=Jon |last=Campbell |newspaper=Democrat and Chronicle |location=Rochester |date=1 August 2016 |access-date=7 March 2017}}</ref><ref name=democratandchronicle-20170306>{{cite news |url=http://www.democratandchronicle.com/story/news/politics/albany/2017/03/06/hearing-ny-nuclear-bailout/98806392/ |title=Decision-makers skip N.Y. nuclear bailout hearing |first=Jon |last=Campbell |newspaper=Democrat and Chronicle |location=Rochester |date=6 March 2017 |access-date=7 March 2017}}</ref>

The commission has employed and been influenced by an array of interesting personnel: a former Weather Underground member, political insiders, and industry insiders - including an at least one industry insider whose parent was an employee of the commission.<ref>{{cite web|url=https://ig.ny.gov/sites/default/files/pdfs/Investigation%20of%20Two%20Allegations%20Relating%20to%20the%20Public%20Service%20Commission.pdf|title=Report on the Investigation of Two Allegations Relating to the Public Service Commission|page=112|date=February 2008|access-date=October 18, 2018|archive-date=December 28, 2016|archive-url=https://web.archive.org/web/20161228101935/https://ig.ny.gov/sites/default/files/pdfs/Investigation%20of%20Two%20Allegations%20Relating%20to%20the%20Public%20Service%20Commission.pdf|url-status=dead}}</ref><ref>{{cite web|url=https://www.wilsoncenter.org/person/eleanor-stein|archive-url=https://web.archive.org/web/20170706063117/https://www.wilsoncenter.org/person/eleanor-stein|url-status=dead|archive-date=July 6, 2017|title=Wilson Center Bio|access-date=November 7, 2018|date=2017-05-15}}</ref><ref>{{cite news|url=https://www.nytimes.com/1981/10/25/nyregion/last-of-radical-leaders-eluded-police-11-years.html|author=PAUL L. MONTGOMERY|title=LAST OF RADICAL LEADERS ELUDED POLICE 11 YEARS|date=October 25, 1981|access-date=November 7, 2018|newspaper=The New York Times}}</ref><ref name="WOH Attn Bio">{{cite web|url=https://www.woh.com/attorneys/Paul-L-Gioia-47-attorney.htm|title=WOH Attn Bio|access-date=November 8, 2018}}</ref><ref>{{cite web|url=https://www.timesunion.com/news/article/Corruption-trial-bruises-powerful-law-firm-12770351.php|title=Corruption Trial Bruises Powerful Law Firm|author=Robert Gavin|date=March 24, 2018|access-date=November 8, 2018}}</ref><ref>{{cite web|url=https://www.legacy.com/obituaries/saratogian/obituary.aspx?n=neal-galvin&pid=175843042&fhid=4734|title=NG Obit|website=Legacy.com|access-date=November 8, 2018}}</ref>

===Power Authority of the State of New York===

[[File:BlenheimGilboa.jpg|thumb|right|Blenheim–Gilboa Hydroelectric Power Station, operated by New York Power Authority, seen from afar]]

The regulations governing the Power Authority of the State of New York may be found at Parts 450–463 of the Code of Rules and Regulations.<ref>21 N.Y.C.R.R. Parts 450–463 (New York Secretary of State, amended as of January 1, 1995, reissued July 1995).</ref>

The Power Authority's proposed contract to buy hydroelectric power from the Canadian province of Quebec has generated controversy.<ref name=Canadian>Katrina Kieltyka, "Sierra Club fighting plan to buy Canadian power: Say hydroelectric dams would harm indigenous people," ''Legislative Gazette'', March 16, 2009, p. 21, available at [http://www.legislativegazette.com/PDF/09-3-16_for_web.pdf ''Legislative Gazette'' archives] (.pdf file). Retrieved March 20, 2009.</ref> The Sierra Club, the Innu community, and the National Lawyers Guild are fighting to prevent the proposed contract, which would have to be approved by Governor Paterson under his regulatory authority.<ref name=Canadian />

The Power Authority has been criticized by scholars for "missed opportunities" in using its administrative powers.<ref>John L. Parker James Malatras, "Missed Opportunities: California Energy Fears, New York Energy Policy and the New York Power Authority's New York City Turbine Projects," ''Pace Environmental Law Review'' (Pace University 2003). Found at [http://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1453&context=envlaw Digital Commons website] {{Webarchive|url=https://web.archive.org/web/20110718171916/http://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1453&context=envlaw|date=2011-07-18}}. Accessed September 11, 2010.</ref>

===Long Island Power Authority=== The Long Island Power Authority owns the electric transmission and distribution infrastructure on a large portion of Long Island. Daily operations are managed by PSEG Long Island, a subsidiary of Public Service Enterprise Group.{{cn|date=July 2025}}

==Secondary sources==

===History=== New York has long taxed and regulated energy sources and utilities.

In the early 1930s, Governor Franklin Delano Roosevelt used the state's gasoline tax to fund farm to market roads.{{Sfn | Morgan | 1985 |p=323}}

===Scholarship and research=== The ''Fordham Environmental Law Journal'' <ref>[http://www.fordham.edu/law/pubs/felj/board.htm Fordham University website] {{Webarchive|url=https://web.archive.org/web/20030427074458/http://www.fordham.edu/law/pubs/felj/board.htm |date=2003-04-27 }}. Accessed January 20, 2011.</ref> hosted a panel about the siting of electric generators in New York City under New York energy law.<ref name=Panel>Aravella Simotas, at the time a law student, moderated the Fordham University Law School panel, years before she was elected to New York State Assembly. Aravella Simotas, "Discussion: Panel III: Electric Generators in New York City: Balancing the Energy and Environmental Needs of the Community," 8 Fordham Envtl. Law J. 531 (2002). Abstract found at [https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid=8+Fordham+Envtl.+Law+J.+531&srctype=smi&srcid=3B15&key=00bd737da70dafcf10020719f658eef0 Lexi-Nexis website] {{Webarchive|url=https://web.archive.org/web/20161220082857/https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid=8%20Fordham%20Envtl.%20Law%20J.%20531&srctype=smi&srcid=3B15&key=00bd737da70dafcf10020719f658eef0 |date=2016-12-20 }}. Accessed January 20, 2011.</ref>

thumb|right|American physicist and climatologist, Michael E. Mann, in 2019

Climatologist Michael Mann spoke at Union College in October 2012 about the public policy issues involved with climate change.<ref>{{cite news|url=http://www.timesunion.com/default/article/Cimate-change-s-lightning-rod-3937658.php|title=Cimate (''sic.'') change's lightning rod: In Union College speech, Michael Mann likens himself to hunted prey|newspaper=Albany Times Union|page=A7|last=Nearing|first=Brian|date=October 11, 2012|access-date=October 11, 2012}}</ref>

The New York State Bar Association offered a continuing legal education class in 2012 on "Marcellus Shale: New Regulations and Challenges", which is available as of February 2014 as an audio course. A panel of "multidisciplinary faculty of professionals addresse[d] the new body of law being created in New York to address the substantial development that is expected in the Marcellus Shale region".<ref name="Marcellus CLE">{{cite web|url=http://old.nysba.org/AM/PrinterTemplate.cfm?Section=Home&Template=/Ecommerce/ProductDisplay.cfm&ProductID=5718|work=New York State Bar Association|title=Marcellus Shale: New Regulations and Challenges|year=2012|access-date=February 6, 2014}}</ref> NYSBA's environmental law section followed up in May 2014 with a legislative forum on the regulation of rail cars carrying shale oil through cities such as Albany.<ref>{{cite web|url=http://www.nysba.org/ENVLegForum2014/|work=New York State Bar Association, Environmental Law Section, Committee on Legislation|title=Crude Awakening: A Discussion on Oil Transportation through New York State|date=May 14, 2014|access-date=June 25, 2014}}{{Dead link|date=November 2025 |bot=InternetArchiveBot }}</ref>

===Lobbying=== The energy industry is represented by the ''Energy Association of New York'', which lobbies on behalf of the state's larger energy-producing corporations and utilities. Wholesale electric power suppliers of New York are represented by The Independent Power Producers of New York, Inc. (IPPNY)<ref>{{cite web |url= http://www.ippny.org/ |title= IPPNY website |access-date= November 8, 2018}}</ref> Large industrial electric consumers are represented by Multiple Intervenors.<ref>{{cite web |url= http://www.multipleintervenors.com/ |title= MI Website |access-date= November 8, 2018}}</ref> Electric utility companies are represented by New York Transco or by themselves.<ref>{{cite web|url=http://www.nytransco.com/|title=Transco Website|access-date=November 8, 2018}}</ref> The law firm Whiteman Osterman & Hanna is known for having employed, Todd Howe, bagman for Joe Percoco.<ref>{{cite web |url= https://www.timesunion.com/news/article/Corruption-trial-bruises-powerful-law-firm-12770351.php|title=Corruption Trial Bruises Powerful Law Firm|author=Robert Gavin|date=March 24, 2018|access-date=November 8, 2018}}</ref> One of their senior counsel was a former chairman of the New York State Public Service Commission and is currently general counsel to the New York State Reliability Council.<ref name="WOH Attn Bio"/>

===Ethics guidelines=== A total of 17 wind energy companies have agreed to a set of ethics guidelines, which will delineate the companies' relationships with employee, contractors, and local governments.<ref name=Gazette4>Eric S. Turner, "Fourteen more wind power companies in New York agree to ethics guidelines," ''Legislative Gazette'', August 3, 2009, pp. 7, 10.</ref> Governor Andrew Cuomo announced that 14 companies had joined the ''Wind Industry Ethics Code'' in August 2009, joining three others who had signed on earlier, in 2008–2009.<ref name=Gazette4 />

===LEED=== {{main|Leadership in Energy and Environmental Design}} Many buildings in New York state have achieved high LEED status, which earns their owners grants or tax abatements,<ref name=Updates /><ref name=Leed /> including the Empire State Building and the Hearst Tower.

The standards are actually promulgated by a non-governmental organization (NGO), the Green Building Certification Institute.

==Hydrofracking== {{main|Hydraulic fracturing}} {{see also|Queenston Formation}} The myriad legal issues concerning hydrofracking in New York has spawned a whole body of law, with primary authorities such as case law, statutes, and zoning regulations, as well as secondary sources such as law review and newspaper articles, on this rapidly changing field of law.

===Court cases and analysis===

====''Dryden'' and ''Middletown''==== In February 2012, two cases of first impression, ''Anschutz Exploration Corp. v. Town of Dryden'' and ''Cooperstown Holstein Corp. v. Town of Middletown'', dealt with the issue of whether towns in New York can use local zoning laws to ban hydrofracking, within their police powers, or whether such action would be preempted by N.Y. Environmental Conservation Law § 23-0303 (2).<ref name="Zoning and preemption">Charles Gottlieb, ''Hydrofracking, Local Zoning, and State Preemption'', paper presented at the Warren M. Anderson Legislative Breakfast Series, "Hydrofracking - Balancing the 3 E's: Energy, Environment, and Economic Development," February 28, 2012 (Albany Law School).</ref><ref name=Anschutz1>''Anschutz Exploration Corp. v. Town of Dryden'' __ N.Y.S.2d ___ (Index # 2012-0902) (N.Y. Supreme Ct. Tompkins Co. February 21, 2012).</ref><ref name=Gazette2>Andrew Carden, "Another victory for anti-frackers," ''Legislative Gazette'', March 6, 2012, pp. 8, 19.</ref> <ref name=Cooperstown1>''Cooperstown Holstein Corp. v. Town of Middletown'', __ N.Y.S.2d ___ (Index # 2012-0930) (N.Y. Supreme Ct. Otsego Co. February 24, 2012).</ref> In each of these two cases, New York Supreme Court ruled in favor of the defendant towns, that the state Oil, Gas, and Solution Mining Law's superseding language<ref>N.Y. Environmental Conservation Law § 23-0303 (2), found at [http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$ENV23-0303$$@TXENV023-0303+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=24382709+&TARGET=VIEW N.Y. State assembly website]. Retrieved February 29, 2012.</ref> did not preempt their zoning laws.<ref name="Zoning and preemption" /><ref name=Lebrun1>{{cite news|url=http://www.timesunion.com/local/article/Time-is-on-our-side-in-hydrofracking-fight-3379894.php|work=Albany Times Union|title=Time is on our side in hydrofracking fight|last=LeBrun|first=Fred|date=March 4, 2012|access-date=October 17, 2012}}</ref>

The legal and political issues raised by these explosive cases were the subject of a seminar organized on February 28, 2012 by the Albany Law School.<ref name="Zoning and preemption" /><ref name=Balancing>{{cite web|url=http://www.albanylaw.edu/sub.php?navigation_id=297&event_id=600 |title=First Anderson Legislative Seminar of 2012 to Tackle Hydrofracking |author=Patricia Salkin |date=February 13, 2012 |access-date=February 29, 2012}}</ref>

The ''Anschutz'' case got the most publicity and analysis in the immediate aftermath, because it was decided a week earlier than the ''Cooperstown'' court. Opponents of hydrofacking "emerged trimphant" after winning ''Anschutz''.<ref name=Gazette1>Andrew Carden, "Judge rules local governments can ban fracking," ''Legislative Gazette'', February 28, 2012, page 13.</ref> Justice Phillip R. Rumsey relied in part on cases from Colorado that allowed local governments to regulate gas drilling,<ref name=Gazette1 /> as well as from Pennsylvania, which concerned the very same Marcellus shale that is being drilled in Upstate New York.<ref name="Zoning and preemption" /><ref name=Anschutz1 /><ref>Specifically, the ''Anschutz'' relied on ''Huntley & Huntley, Inc. v. Borough Council of the Borough of Oakmont'', 964 A.2d 855, 858 (Penn. 2009); see also Charles Gottlieb, ''Hydrofracking, Local Zoning, and State Preemption'', ''op.cit.'', 4-5, notes 12-13.</ref> ''Anschutz'' distinguished this zoning situation from a bonding requirement, which is a direct regulation of the industry that is preempted by the N.Y. Department of Environmental Conservation's permit fees and regulatory scheme.<ref name="Zoning and preemption" /> <ref>Compare ''Envirogas, Inc. v. Town of Kiatone'', 112 Misc. 2d 432, 434 (N.Y. Supreme Ct. Erie Co. 1982), ''aff'd'' 89 A.D.2d 1056 (4th Dept. 1982), lv. ''den'd'' 58 N.Y.2d 602 (1982).</ref> That court also relied on cases that allowed "exclusionary zoning" that prohibits of "natural resources within the town as a permitted use if limiting that use is a reasonable exercise of its police powers ...."<ref>Charles Gottlieb, ''Hydrofracking, Local Zoning, and State Preemption'', ''op.cit.'', 4, n. 11, citing ''Anschutz Exploration Corp. v. Town of Dryden'' __ N.Y.S.2d ___ (Index # 2012-0902) (N.Y. Supreme Ct. Tompkins Co. February 21, 2012), slip opinion at 12-13; in turn citing ''Matter of Gernatt Asphalt Prods., Inc. v. Town of Sardina'', 87 N.Y.2d 668, 681-682, 684 (1996) and ''Envirogas, Inc. v. Town of Kiatone'', ''op cit.''.</ref>

In ''Cooperstown'', a farmer named Jennifer Huntington leased 400 acres of her land for natural drilling, and she sued after the town changed its zoning laws to ban fracking.<ref name=Gazette2 /> This case has a similar outcome; the town of Middlefield won at the trial court level, in a decision by Acting Justice Daniel F. Cerio.<ref name=Gazette2 /><ref name=Cooperstown1 /> An attorney at Earthjustice lauded the ''Cooperstown'' decision, while the attorney who had represented ''Anschutz'' criticized both decisions.<ref name=Gazette2 />

Since both courts are within the Third Department of the Appellate Division, and they would be appealed,<ref name=Gazette2 /><ref name=Lebrun1 /><ref name=Gazette1/> they were to be consolidated upon appeal. Attorneys for the town of Dryden indicated they are in the process of perfecting the appeal as of September 2012.<ref>{{cite news|last=Sabratino|first=Dan|title=Drilling bands to face appeal|newspaper=Legislative Gazette|pages=2, 15|date=September 25, 2012}}</ref> While ''Albany Times-Union'' columnist Fred LeBrun noted that while opponents are expecting a win, "plenty in our government" predict a successful appeal, so he "wouldn't bet either way".<ref name=Lebrun1 /> However, two bloggers noted that the appeals have not been perfected as of August 2012.<ref>{{cite web|url=http://gdacc.org/2012/08/05/lebrun-cuomo-about-to-permit-fracking-aug-2012/|work=GDACC: Gas Drilling Awareness for Cortland County blog |title=LeBrun–Cuomo about to permit fracking–Aug. 2012|date=August 5, 2012|access-date=October 17, 2012}}</ref><ref>{{cite web|url=http://blog.shaleshockmedia.org/2012/08/05/the-appeal-of-no-appeal/|work=Shaleshock media blog|title=Fracker's Complete Lack of Appeal|date=August 5, 2012|access-date=October 17, 2012|archive-url=https://web.archive.org/web/20121203074516/http://blog.shaleshockmedia.org/2012/08/05/the-appeal-of-no-appeal/|archive-date=December 3, 2012|url-status=dead}}</ref> Searches of the website for, and an inquiry into, {{citation needed|date=October 2012}} the Third Department shows that neither losing party has perfected their appeals as of October 17, 2012.<ref>{{cite web|url=http://decisions.courts.state.ny.us/ad3/CalendarPages/netcal.htm|work=New York State Unified Court System website|title=Appellate Division, Third Judicial Department Calendar Pages|date=October 17, 2012|access-date=October 17, 2012|archive-url=https://web.archive.org/web/20121007125045/http://decisions.courts.state.ny.us/ad3/CalendarPages/netcal.htm|archive-date=October 7, 2012|url-status=dead}}</ref>

Further complicating the appeals, Norse Energy has also become involved in the ''Anschutz'' case. Back in October 2011, Norse Energy put up their leases for sale, claiming the moratorium by Governor Paterson had hurt the international company's prospects.<ref>{{cite news|url=http://www.pressconnects.com/article/20111021/NEWS01/110210398/Norse-Energy-puts-N-Y-land-rights-sale|title=Norse Energy puts N.Y. land rights for sale: Gas company hurt by moratorium on drilling|work=Gannette News|date=October 21, 2011|access-date=October 17, 2012}}{{Dead link|date=November 2025 |bot=InternetArchiveBot }}</ref> Instead, Norse bought Anschutz's leases, and thus would have to be replaced as lead plaintiff against the Town of Dryden.<ref>{{cite web|url=http://solidshale.wordpress.com/2012/09/30/analysis-is-there-a-seachange-on-fracking-in-new-york/|work=Solid Shale (blog)|title=Anschutz Quits Dryden Suit |last=Northrup|first=Chip|date=September 30, 2012|access-date=October 17, 2012}}</ref><ref>{{cite web|url=http://blog.shaleshockmedia.org/2012/09/20/anschutzs-appeal-doa/|work=Shale Shock (blog)|title=Norse Energy as Zombie Plaintiff|last=Northrup|first=Chip|date=September 23, 2012|access-date=October 17, 2012|archive-url=https://web.archive.org/web/20121212045747/http://blog.shaleshockmedia.org/2012/09/20/anschutzs-appeal-doa/|archive-date=December 12, 2012|url-status=dead}}</ref><ref name=Seachange>{{cite web|url=http://solidshale.wordpress.com/2012/09/30/analysis-is-there-a-seachange-on-fracking-in-new-york/|work=Solid Shale (blog)|title=Analysis: Is There a Seachange on Fracking in New York? |last=Cail|first=Krys|date=September 30, 2012|access-date=October 17, 2012}}</ref> Norse Energy's attorneys appear to be arguing that a "greater good" will come about if they are allowed to drill despite the local government's opportunity.<ref name=Seachange />

On March 21, 2013, the Third Department issued their ruling in ''Matter of Norse Energy Corp. USA v. Town of Dryden'', upholding the decision of the N.Y. Supreme Court.<ref>''Matter of Norse Energy Corp. USA v. Town of Dryden'', ___ A.D.3d ____ (3d Dept. March 21, 2013) (docket 515227).</ref> For a unanimous court, Presiding Justice Karen A. Peters upheld the lower court's denial of intervenor status for the environmental group, DRAC, and the constitutionality of the Town of Dryden's zoning ordinance.<ref>''Matter of Norse Energy Corp. USA v. Town of Dryden'', slip op. at 5-15.</ref> The Court allowed Norse Energy to be substituted for Anschutz.<ref>''Matter of Norse Energy Corp. USA v. Town of Dryden'', slip op. at 3, note 2, citing N.Y. CPLR 1018, 1021.</ref> "As a preliminary matter," they approved "Supreme Court's denial of DRAC's motion to intervene", based on the group's failing to prove "a substantial interest ... different from other residents of the Town".<ref>''Matter of Norse Energy Corp. USA v. Town of Dryden'', slip op. at 5.</ref> Rather, noting the Town could do a good job at defending its interests, instead granted ''amicus'' status to DRAC and a half dozen others.<ref>''Matter of Norse Energy Corp. USA v. Town of Dryden'', slip op. at 6, note 4, citing ''Matter of Pace-O-Matic, Inc. v. New York State Liquor Auth.'', 72 A.D.3d 1144, 1144 (3d Dept. 2010) and ''Quality Aggregates v. century Concrete Corp.'', 213 A.D.2d 919, 920-921 (3d Dept. 1995).</ref> Citing the New York State Constitution and four New York Court of Appeals cases, the Third Department noted that the state's local governments have broad home rule powers under its state constitution.<ref>''Matter of Norse Energy Corp. USA v. Town of Dryden'', slip op. at 6-7, citing N.Y. Const. Article IX; ''DJL Rest. Corp. v. City of New York'', 96 N.Y.2d 91, 96 (2001), and three other cases.</ref> It agreed with the lower court that the local law is not pre-empted, either expressly or by implication.<ref>''Matter of Norse Energy Corp. USA v. Town of Dryden'', slip op. at 6-15.</ref>

On June 30, 2014, the New York Court of Appeals upheld the local zoning ordinances, as well as the lower court cases that had allowed them, in a 5-2 decision authored by Judge Victoria Graffeo.<ref>''In the Matter of Mark S. Wallach, as Chapter 7 Trustee for Norse Energy Corp. USA, v. Town of Dryden'', cases 130 and 131 (2014), see [https://www.scribd.com/doc/231976936/063014-NYSCOA-Frack-Ban-Ruling slip opinion]. Accessed June 30, 2014.</ref>

====Other cases==== In July 2012, Lenape Resources, a natural gas drilling company, threatened to sue state and local governments over a hydrofracking ban by the town of Avon.<ref>{{cite news|newspaper=Albany Times-Union |page=A3 |agency=Associated Press |title=Driller threatens state over local shale gas bans |date=August 1, 2012}}</ref>

Also in July 2012, Justice Ferris Lebous ruled in the Broome County, New York case of ''Jeffrey v. Ryan'' that, while the city of Binghamton has the right to enact a local regulation, they did not enact a proper moratorium.<ref>[http://www.slideshare.net/MarcellusDN/ny-judge-ferris-lebous-ruling-against-binghamton-fracking-moratorium Decision on ''Jeffrey v. Ryan'']. Accessed October 17, 2012.</ref><ref>{{cite news|url=http://green.blogs.nytimes.com/2012/10/04/judge-rejects-binghamtons-fracking-ban/ |title=Judge Rejects Binghamton's Fracking Ban |work=The New York Times|last=Navarro|first=Mireya|date=October 4, 2011|access-date=October 17, 2012}}</ref>

===Administrative response=== While those appeals were pending, ''The New York Times'' reported in mid-June 2012 that Governor Cuomo and his staff were deliberating on a plan to restrict hydrofracking to five counties in the southern tier of New York, along the Pennsylvania border, where the Marcellus shale is deepest and drilling is least likely to pollute well water supplies in those aquifers.<ref name="restricted">{{cite news|url=https://www.nytimes.com/2012/06/14/nyregion/hydrofracking-under-cuomo-plan-would-be-restricted-to-a-few-counties.html?_r=1&hp|last=Hakim|first=Danny|title=Cuomo Plan Would Limit Gas Drilling to a Few Counties in New York|newspaper=The New York Times |date=June 13, 2012|access-date=June 13, 2012}}</ref> Drilling would not be allowed in these areas: *New York City and its watershed *Towns that have banned or not agreed to the practice (over 100 towns and villages have banned it, but several dozen have asked for it) *The Catskill State Park (which is 'forever wild' under the New York State Constitution) *Areas of surface land directly over certain aquifers *Land within National Historic Landmark Districts.<ref name="restricted" /> The ''Albany Times Union'' the next day filed a front-page, above the fold story questioning the plan's leak as a "trial balloon", which had quickly garnered both criticism and support.<ref>{{cite news|url=http://www.timesunion.com/local/article/Is-trial-balloon-full-of-shale-gas-3632650.php#ixzz1xnd7KzJ2|last=Karlin|first=Rick|title=Is trial balloon full of shale gas?: A report that Gov. Andrew Cuomo backs limited hydrofracking draws quick criticism, some support|date=June 14, 2012|access-date=June 14, 2012}}</ref>

In August 2012, LeBrun filed a column that a limited plan was moving forward to allow hydrofracking in the Southern Tier, which he characterized as the "[e]nd of the anti-frack world".<ref name=LeBrun2>{{cite news|url=http://www.timesunion.com/local/article/End-of-the-anti-frack-world-near-3763195.php|work=Albany Times Union|title=End of the anti-frack world near|last=LeBrun|first=Fred|date=August 4, 2012|access-date=October 17, 2012}}</ref><ref>{{cite news|url=http://blog.timesunion.com/capitol/archives/143551/a-m-roundup-limited-hydrofracking-on-the-way/|work=Albany Times Union 'Capitol Confidential' blog|title=A.M. Roundup: Limited hydrofracking on the way|last=Vielkind|first=Jimmy|date=August 6, 2012|access-date=October 17, 2012}}</ref><ref>{{cite news|url=http://www.syracuse.com/news/index.ssf/2012/08/fracking.html|work=Syracuse Post-Standard|title=Columnist: Limited hydrofracking plan moving forward |last=Coin|first=Glen|date=August 6, 2012|access-date=October 17, 2012}}</ref> Wading through 60,000 comments, the New York Department of Environmental Conservation was looking at a "ramp up" period, allowing 50 wells in 2013, and 100 wells in 2014, and only in towns that want them.<ref name=LeBrun2 />

Governor Cuomo's budget did not expect any revenues from hydrofracking in fiscal year 2012–2013.<ref name=Gazette2 /> There was a study that indicates that New York lacks a state tax on gas production.<ref>{{cite web|url=https://www.scribd.com/doc/63145742/New-York-State-Gas-Production-Tax|title=New York State Gas Production Tax|work=scribd.com |last=Northrup|first=Jimmy|date=n.d.|access-date=October 17, 2012}}</ref>

Joseph Martens, the Commissioner of DEC, has overall responsibility for regulating all hydrofracking programs. Eugene Leff, his Deputy Commissioner for Remediation and Materials Management, has responsibility for "Materials Management, Environmental Remediation and Mineral Resources", which would include hydrofracking regulations, if any were to be released. Bradley Field is the Director for "Management and regulation of mineral resource development [and] Oil & Gas Regulation ... [to] Oversee permitting, compliance and enforcement of all regulated wells in New York". All media and other press inquiries must go directly through Emily DeSantis, at Press Operations, who is the Department spokesperson and who issues all press releases.<ref>{{cite web|url=http://www.dec.ny.gov/about/556.html|title=DEC Central Office Program Directory|date=n.d.|work=New York State Department of Environmental Conservation|access-date=February 6, 2014}}</ref> Leff was one of the panelists on NYSBA's 2012 seminar on "Marcellus Shale: New Regulations and Challenges".<ref name="Marcellus CLE" />

As of early 2014, administrative inaction lead to what the Sierra Club called a "de facto moratorium ... for new drilling of natural gas wells" in the State "using hydrofracking technology".<ref name="Sierra 2014">{{cite journal|last=Lawrence|first=Susan|journal=Sierra Club Hudson/Mohawk Group|volume=48|issue=1|date=Winter 2014}}</ref> Susan Lawrence, writing an open letter to the group, cited six reasons for the effective ban: # The DEC had "not finalized" the environmental impact statement. # Governor Cuomo and the DEC were waiting for the Department of Health to issue a report first. # The state budget for FY 2013-2014 had no funding for state employees to process the necessary applications. # Cuomo had stated publicly that he would not decide on the issues until after the November election. # The ''Dryden'' and ''Middletown'' cases were pending before the New York Court of Appeals. # The public had concerns in light of the recent increase in rail shipments of oil from hydraulically fractured Bakken formation wells in North Dakota through Upstate New York.<ref name="Sierra 2014"/>

==References== {{reflist|30em}}

==Bibliography== *{{Citation | ref = fdr | author-link = Ted Morgan (writer) | last = Morgan | first = Ted | year = 1985 | title = FDR: A biography | isbn = 978-0-671-45495-1 | type = popular biography | url-access = registration | url = https://archive.org/details/fdrbiography00morg }}

==External links== * [http://www.nyserda.ny.gov/ NYSERDA official website] * [http://www.dps.ny.gov/ NYS Public Service Commission official website] and {{usurped|1=[https://web.archive.org/web/20001204152100/http://www.askpsc.com/ NYS Public Service Commission consumer website]}} * [http://www.ag.ny.gov/consumer-frauds/oil-and-gas-leases Oil and Gas Leases page] {{Webarchive|url=https://web.archive.org/web/20120512052257/http://www.ag.ny.gov/consumer-frauds/oil-and-gas-leases |date=2012-05-12 }} at the website of the New York Attorney General * [http://www.energyny.org/ The Energy Association of New York State website] * [http://www.cityandstateny.com/news/energy/ Energy news archives] {{Webarchive|url=https://web.archive.org/web/20120825200439/http://www.cityandstateny.com/news/energy/ |date=2012-08-25 }} at ''City and State'', weekly New York newspaper * [http://blog.sprlaw.com/category/renewable-energy/ Legal Updates on Energy Issues in New York] * [http://www.eia.gov/ U.S. Energy Information Administration website] * [http://www.gbci.org/ GBCI official website] * [http://www.usgbc.org/ USGBC official website] * [http://utilityproject.org/wp-content/uploads/2013/12/Truth-In-Heating-Law-1231131.pdf New York Truth in Heating Law manual] at UtilityProject.org * [http://www.nysrc.org/ New York State Reliability Council] * [https://www.nyiso.com/ New York Independent System Operator] * [https://www.naruc.org/ National Association of Regulatory Utility Commissioners] * [https://www.potomaceconomics.com/markets-monitored/new-york-iso/ NYISO's Market Monitoring Unit, Potomac Economics]

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