A relatively new industry known as Controlled Environment Agriculture (“CEA”) embodies the consumer’s desire for local and organic food, and also accommodates the legal growth of recreational cannabis in many states. The push for locally-sourced foods and other commodities appears to be an enduring trend, both for the provision of higher quality products and for shoring up the supply chain, which showed its fragility during COVID-19.

Continue Reading Energy Solutions for Controlled Environment Agriculture: Combined Heat and Power System Microgrids

Bitcoin was introduced in 2008 as a decentralized currency that could be transmitted through a peer-to-peer network and recorded on a ledger known as a “blockchain.” Like any new and emerging industry, cryptocurrencies have been subject to a high level of public, regulatory and legislative scrutiny.

Continue Reading Bitcoin, Blockchain and Transmission System Capacity ─ A Renewable Solution?

Communities interested in cleaner energy, as well as greater control over their electric supply and reliability, are increasingly turning to microgrids — miniature power systems that serve an individual facility or area with electricity, either on its own or in concert with a larger power grid. Typically, a microgrid consists of energy generation and energy storage that can power a building or community and can be disconnected from the energy grid.

Continue Reading Microgrids: Placing Energy in the Hands of the Consumer

As a well-regarded thought leader in these areas, we will utilize our Renewable Energy Post blog to frame the practical, economic, legal and technical aspects of the debate. Our goal is to engage all interested NYS constituencies, including energy providers, business and property owners, real estate developers, renewable energy developers and operators, and concerned members of the general public. In order to be successful, economic and environmental sustainability must not be mutually exclusive and must be balanced through the eyes of the energy consumer. Continue Reading Renewable Energy Post: Phillips Lytle’s Insights in Real Time

Phillips Lytle Partner and Team Co-Leader of the firm’s Energy Practice David P. Flynn, and Energy Consultant Dennis W. Elsenbeck, were once again recognized as a power leaders on City & State’s 2022 Energy & Environment Power 100 list. Ranking at #68 and #70 respectively, Mr. Flynn and Mr. Elsenbeck have been identified as key players in New York who are helping to reshape the energy industry and rescue our environment. Continue Reading Flynn, Elsenbeck Named to City & State Energy & Environment Power 100

Hydrogen Filling StationOn March 24, 2022, New York State Governor Kathy Hochul announced that New York, New Jersey, Connecticut and Massachusetts plan to submit a joint proposal to the United States Department of Energy (DOE) to secure a portion of the $8 billion set aside for regional hydrogen hubs when applications open in May. This alignment represents a critical step in advancing New York’s Climate Leadership and Community Protection Act (CLCPA) goal to reduce greenhouse gas emissions 85 percent by 2050. Continue Reading New York Leads Four-State Consortium for Portion of $8B Regional Hydrogen Hub Funds

On September 22, 2021, Justice Peter Lynch of the New York State Supreme Court, Albany County denied the petitioners’ application in Town of Copake v. New York State Office of Renewable Energy Siting, No. 905502-21 (Sup. Ct. Albany Cty. Sept. 24, 2021), rejecting a challenge to regulations promulgated by the New York State Office of Renewable Energy Siting (ORES). Justice Lynch’s decision comes following an earlier ruling that denied the petitioners’ application for a temporary restraining order. These rulings have now twice affirmed the validity of the ORES regulations, which will play an important role in helping New York State to achieve its aggressive renewable energy goals.

Continue Reading Judge Denies Preliminary Injunction Rejecting Challenge to Office of Renewable Energy Siting Regulations

On August 27, 2021, Justice Peter Lynch of the New York State Supreme Court, Albany County issued the first substantive ruling in Town of Copake v. New York State Office of Renewable Energy Siting, No. 905502-21 (Sup. Ct. Albany Cty. Aug. 27, 2021), a lawsuit challenging the validity of regulations promulgated by the New York State Office of Renewable Energy Siting (ORES). Specifically, in a brief order, the Court denied the petitioners’ request for a temporary restraining order and ordered argument on whether the petitioners are entitled to a preliminary injunction. Oral argument is scheduled for September 8, 2021.

Continue Reading Important Development in Lawsuit Challenging Office of Renewable Energy Siting Regulations

Earlier this year, as part of the New York State budget, the Legislature enacted New York State Real Property Tax Law Section 575-b (RPTL 575-b), which creates new requirements for the real property taxation of wind and solar energy projects that have a nameplate capacity of 1 megawatt (MW) or greater. These new requirements are applicable to projects that are not subject to a payment in lieu of taxes (PILOT) agreement and, notwithstanding these statutory changes, municipalities will continue to have the flexibility to enter into PILOT agreements with project proponents. Municipalities are likely, however, to look to the new requirements for guidance when negotiating such PILOT agreements.

Continue Reading New York State Department of Taxation and Finance Issues Preliminary Appraisal Model and Discount Rates for Solar and Wind Energy Projects – Comments Due by October 1, 2021

New York State continues to supercharge the deployment of renewable energy projects. Building on landmark legislation passed in 2019, New York State’s newly created Office of Renewable Energy Siting (ORES) has now finalized the regulations that will govern siting and permitting of large-scale renewable energy projects greater than 25 MW; projects between 20 and 25MW have the option of proceeding under Article 10 of the Public Service Law or the ORES process. The regulations create a clear glide path that replaces the lengthy and cumbersome process previously established under Article 10. With these new procedures in place, developers can expect a 60-day shot clock for ORES to make a completeness determination, and a 12-month deadline for ORES to issue a final decision on a siting permit to promote cost-effective and efficient development that aligns with New York State’s commitment to fully decarbonize its electric sector by 2040. Continue Reading New York State Office of Renewable Energy Siting Streamlines and Expedites Deployment of Large-Scale Renewables