February 22, 2012

Expert Roundtable: Energy – GEORGE MAZIARZ

Posted by coaxny under Article X, Power NY Act
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Q: Gov. Andrew Cuomo has made significant progress with the passage of Article X and other measures, and he’s pushing for more this year. However, some still think the state needs a more comprehensive energy plan.

GM: I’ll tell you, I’m excited about working with the governor on it. Last year was the most successful year on energy policy, maybe in the history of the state. When you look at Article X, on-bill financing, net metering, Recharge New York, almost all of those pieces of policy legislation had been around for years. And this governor really drove it. I feel in some respects it all got overshadowed by other issues. But last year was hugely successful on energy policy. And you know what? A lot of it would not have happened without the governor driving consensus between the Senate and the Assembly.

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February 15, 2012

New York State Department of Environmental Conservation Proposes Article X Regulations

Posted by coaxny under Article X, Power NY Act
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On January 15, 2012, the New York State Department of Environmental
Conservation (“NYSDEC” ) proposed two new regulations for implementation of Article X of the New York Public Service Law, which was renewed, revised and signed into law on June 23, 2011 and governs the siting of Major Electric Generating Facilities (see Hiscock & Barclay Legal Alert “New York State Power Plant Siting Bill Renewed,” June 2011). Article X requires NYSDEC to develop an environmental justice analysis rule and a carbon dioxide emissions performance standard by June 23, 2012. As such, NYSDEC proposed the following rules: (1) Part 251, CO2 Performance Standards for Major Electric Generating Facilities; and (2) Part 487, Analyzing
Environmental Justice Issues in Siting of Major Electric Generating Facilities Pursuant to Public Service Law Article 10.

CO2 Performance Standard Rule

The proposed CO2 Performance Standard rule would apply to new major electric generating facilities with a nameplate capacity of 25 MW or more, and to existing facilities that increase capacity 25 MW or more. For existing facilities, the rule would apply only to the capacity increase, and not to the entire facility.

The following emission rate limits are required by the proposed rule:
• For boilers permitted to burn greater than 70% fossil fuel; combined cycle turbines; and internal combustion engines that fire only gas: 925 lb CO2/MW or 120 lb CO2/mmbtu;
• For simple cycle combustion turbines and internal combustion engines that fire liquid fuel or liquid and gas: 1450 lb CO2/MW or 160 lb/mmbtu;
• For other emission sources, including waste-to-energy and biomass facilities, the owner or operator of the facility must propose and meet a NYSDEC-approved case-specific emission limit for CO2.

Pursuant to the proposed rule, the CO2 emission rate limits would be measured on a 12-month rolling average basis and could be met by a facility using either an output based limit (MW generated), or an input based limit (annual Btu input).

Analyzing Environmental Justice Issues Rule The Article X Siting Board’s approval and issuance of a certificate to construct is based on, among other things, whether the proposed facility will avoid, offset or minimize adverse disproportionate environmental impacts in the area where the facility will be located. In order to make this determination, the proposed rule sets up requirements for a site-specific environmental justice (“EJ”) analysis. This analysis will be used by the Siting Board in its determination of whether the proposed facility will avoid, offset or minimize adverse
disproportionate environmental impacts in the area where the facility will be located.

The EJ analysis must be included in the applicant’s scoping statement, and may include:
• A description of Comparison Areas (the county, the adjacent communities and, if in the City of New York, also the entire City) that were used to determine whether communities in a facility’s proposed location would experience disproportionate impacts;
• A comprehensive demographic, economic and physical description of the study area and Comparison Areas that includes health data, the number of NYSDEC-regulated facilities and waste sites, open space, ground or surface water quality and historic and cultural resources;
• An evaluation of any significant and adverse disproportionate public health or environmental impacts from the construction and operation of the facility;
• Cumulative air impacts analysis, including an evaluation of stationary sources in the community; and
• Measures to avoid, offset or minimize likely impacts from the proposed facility to the maximum extent practicable.

These proposed new requirements have the potential to add significant costs to the evaluation, application, approval and construction of a facility covered by Article X. Among the potential concerns are the cost and resources associated with the new EJ analysis requirements; the preliminary scoping requirements, which are not contained in the Article X legislation; and determining how applicants will obtain the data required to complete the EJ analysis.

These proposed regulations are open for public comment until March 15, 2012 and can be found at http://www.dec.ny.gov/regulations/propregulations.html. Companies that may be impacted by these proposed rules should consider submitting comments to NYSDEC.

 

February 10, 2012

Lawmakers blast rule on power plants

Posted by coaxny under Article X, New York State, Power NY Act
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The Genesee County Legislature wants the state to cancel an 18- month-old law that would permit a state board to site electric generating facilities without a municipality’s input or consent.

The Power of New York Act of 2011 has added a clause that removed decision-making on such facilities from the local elected government and “puts it in the hands of a bureaucratic state board,” a Legislature resolution states.

It adds: “The Genesee County Legislature opposes, protests and expresses deep disappointment and concerns over a siting board that will remove power from the local jurisdiction and transfer it to a faceless bureaucracy, which has no constituency.”

The resolution complains that the “large majority of the Electric Generation Siting Board will have no connection to the affected communities and will not be affected by their decisions.”

The belated protest may have been prompted by the New York State Association of Counties, which Legislature Chairwoman Mary Pat Hancock now heads.

In other business Wednesday, the Legislature:

• Approved 2012 capital projects, including $40,000 for Genesee Justice, an agency that now occupies the century-old former Sheriff’s Office building; $30,000 for a new roof and fireplaces at the county park; and $10,500 to replace a pavilion roof at DeWitt Park. Capital funds come from an added one-percent sales tax.

• Accepted a state Homeland Security and Emergency Services grant of $228,309 for a VHF narrow banding project for the Sheriff’s Office headquarters. The low-frequency system would serve all emergency services.

• Awarded the Genesee-Orleans Arts Council $6,905 to promote music and art appreciation. The grant, first funded in 1993, has been cut 25 percent in the past three years, as have many other nonprofit organizations that receive county money.

• Authorized a contract with the Rochester Institute of Technology, which makes it possible to accept $7,223 secured by the county’s Job Development Bureau. The program helps workers and those seeking employment.

Source

 

February 7, 2012

Legislature Plans Protest of ‘Power NY Act”

Posted by coaxny under Home Rule, Power NY Act
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On the Genesee County Legislature’s docket for Wednesday night is a curious item: the Legislature is planning a protest against a law that has already passed.

Legislature Chair Mary Pat Hancock is hoping to send a formal statement to the capitol, railing against the “Power NY Act” (bills A08510 & S5844). The bill, which passed in Albany in 2011, is designed to begin a loan program for eligible homeowners to properly seal and power their home under green energy-efficiency standards. Hancock doesn’t have a problem with that.

But, another caveat of the bill also gives the state a quasi-eminent domain – theoretically allowing the state to place energy projects such as windmills or solar panels wherever it pleases.

Here’s how it works: under the new law, a seven-member “siting board” will entertain applications from large-scale parties interested in developing green energy. But that siting board will only carry two ad-hoc delegates from the local community, who will not cast any deciding vote. The other five, voting members would be appointed from a hodge-podge of state agencies.

Also, the application and review process has been drastically streamlined, requiring only a single application, a 60-day environmental review, and only one public hearing. After those, the five state-agency representatives make their decision.

“We would like to have the ability, as we have for the past two years (under a former bill), to have our own input as to the location,” says Hancock. She believes the voices of local governments will be drowned out in the name of state progress.

“Certainly, this has been a contentious issue in the past – and continues to be so, in some of our neighboring counties to the north and south,” says Hancock. “That particular piece of legislation passed very quickly; it does not respect the ‘home rule’ of the towns and the counties.”

Legislators have not yet written the memorialization. Hancock hopes to develop the language at the full meeting of the Legislature on Wednesday evening.

Source

 

February 2, 2012

NYSERDA: State should invest in solar power

Posted by coaxny under Power NY Act | Tags: |
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A new report recommends the state invest in solar power as part of a “sound and balanced renewable energy portfolio,” but found that the cost of implementing the technology is difficult to pin down.

The New York Energy and Research Development Authority issued the 500-page study late Tuesday, which found ratcheting up the state’s solar output to 5,000 megawatts by 2025 would cost ratepayers anywhere from $300 million to $9 billion to implement, depending largely on the level of federal tax credits available and uncertainty in the solar market.

The report found installing meeting the 5,000 megawatt goal would create 2,300 jobs by 2025.

“Nevertheless, even with this range of cost uncertainty, given the many potential benefits that (solar) has to offer and the long-term potential for lower-cost (solar) technology, New York State should support continued investment in the steady and measured growth and deployment of (solar) as part of a sound and balanced renewable energy policy,” the report reads.

NYSERDA was directed to complete the report as part of the Power NY Act of 2011, an end-of-session bill that was included as part of a deal that enacted a 2 percent property tax cap and extended the state’s rent regulations for stabilized units.

Environmental groups were pleased with the report’s findings.

“New York State wins the policy ‘triple crown’ by making a big commitment to solar power,” said Ross Gould, program director for Environmental Advocates of New York. “An aggressive goal for siting solar power would reduce fossil fuel consumption by the electricity sector and reduce our dependence on oil, reduce greenhouse gases – which would be the equivalent of taking 250,000 cars off the road – and create approximately 2,300 new good jobs.

“This report shows New York State should move quickly and advance an aggressive investment in solar power by the end of this Legislative session.”

Here’s a findings summary from the report. The full document can be found here.

Source

 

February 2, 2012

Low cost financing now available for homeowners to make energy efficient upgrades

Posted by coaxny under Andrew Cuomo, Article X, Power NY Act | Tags: , , |
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ALBANY – New York consumers seeking to make energy-efficient upgrades to their homes can now obtain low cost financing and repay the loan on their monthly utility bill. The program, known as On-Bill Recovery Financing, allows costs incurred by homeowners to be offset through energy savings while reducing consumption and air pollution, making it a win-win for New Yorkers.

On-Bill Recovery Financing was a signature part of the Governor’s Power NY Act of 2011. While the legislation originally scheduled On-Bill Recovery Financing to begin in June 2012, the Governor in his State of the State Address announced that the program had been accelerated to start sooner than scheduled.

“This program is a great way for New Yorkers to make their homes more energy-efficient and more environmentally friendly in a way that doesn’t cause financial hardship,” Governor Andrew Cuomo said. “The program will also create immediate jobs, and I hope homeowners across the state take advantage of this opportunity.”

The financing program is offered by the New York State Energy Research and Development Authority (NYSERDA) and encourages New York homeowners and businesses to make energy-efficiency improvements.

On-Bill Recovery Financing enables qualifying homeowners to make their homes more energy efficient with no cash up front. Some improvements may also qualify for NYSERDA or utility incentives or rebates. The balance of the cost of the energy efficiency project can be financed and repaid through savings on energy bills.

The interest rate is 2.99 percent for 5-, 10- and 15-year loan terms. Homeowners who apply for financing prior to June 2012 will not be charged on their utility account until the first utility billing after May 31, 2012. No payments are due and no interest will accrue during this deferral period.

Source

The credit application for On-Bill Recovery Financing is available at www.nyserda.ny.gov/residential.

 

January 19, 2012

DEC Proposes Ground-Breaking Power Sector Regulations

Posted by coaxny under Article X, New York State, Power NY Act
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Under draft regulations developed by the New York State Department of Environmental Conservation new or expanding electric generating facilities in New York would be required to evaluate the potential disproportionate impacts on nearby environmental justice communities, DEC Commissioner Joe Martens announced today. The proposed regulations are the first in the country to require an environmental justice analysis in the siting of major electric generating facilities.

Additional regulations proposed by DEC will limit carbon dioxide (CO2) emissions from new major electric generating facilities and certain expansions at existing electric generating facilities.

DEC developed the proposed regulations (6 NYCRR Part 487 and 6 NYCRR Part 251) as required by the Power NY Act of 2011, which Governor Andrew M. Cuomo signed into law in August 2011.

The proposed regulations in Part 487 will establish a regulatory framework to analyze environmental justice issues associated with the siting or expansion of major electric generating facilities, the first of their kind in the nation.

During the siting of major electric generating facilities, the proposed regulations require applicants to evaluate the significant and adverse disproportionate environmental impacts, if any, which may result from the facility’s construction or operation.

“Negative environmental impacts from industrial operations like power plants often disproportionately affect environmental justice communities,” DEC Commissioner Martens said. “Under our proposed regulations, an applicant must undertake an environmental justice analysis if a proposed electric generating facility’s potential adverse environmental and public health impacts may affect an environmental justice area. Our proposed regulations are the first in the nation that seek to protect public health and the environment in overburdened communities.”

The draft regulations require applicants to evaluate:

the significant and adverse disproportionate environmental impacts of a proposed major electric generating facility, if any, resulting from its construction or operation;
the cumulative impact on air quality; and
the demographic, economic and physical description of the community where the facility will be located, compared and contrasted to the county and adjacent communities
Carbon Dioxide Emission Regulations

The proposed regulations in Part 251 would establish CO2 emission limits for proposed new major electric generating facilities that have a generating capacity of at least 25 megawatts, and for increases in capacity of at least 25 megawatts at existing electric generating facilities.

“Carbon dioxide emissions are chief contributors to climate change,” Martens said. “We are proposing CO2 emissions limits for new and expanding power plants to further reduce the carbon footprint of New York’s power sector.”

The proposed carbon dioxide emission regulations will:

set a CO2 emission limit of 925 lbs/mw-hr (output-based limit) or 120lbs/mmBtu (input-based limit) for most new or expanded base load fossil fuel-fired plants;
set a CO2 emission limit of 1450 lbs/mw-hr (output-based limit) or 160 lbs/mmBtu (input-based limit) for simple cycle combustion turbines;
allow each facility’s owner or operator to choose whether to comply with the relevant output-based or input-based emission limits;
provide for DEC to set case-specific CO2 emission limits for certain power plants that fire non-fossil fuels
require recordkeeping, monitoring and reporting consistent with existing state and federal regulations.
Under existing regulations, power plants in the state are required to comply with New York’s Regional Greenhouse Gas Initiative (RGGI) program, as well as certain federal requirements regarding greenhouse gas emissions. The proposed Part 251 will, for the first time, establish a specific limit on the allowable CO2 emission rate of new and expanded power plants and will make New York one of only a few states in the country with a CO2 performance standard for both new and expanding power plants.

Public Comment

Public hearings for both proposed regulations will be held around the state in locations reasonably accessible to persons with impaired mobility. Anyone who wishes to make a statement at the hearings is invited to speak. Hearings will be held:

Monday, March 5, 2012 – 3 p.m.
NYS Department of Environmental Conservation Central Office
625 Broadway, Room 129, Albany
Tuesday, March 6, 2012 – 3 p.m.
NYS Department of Public Service
90 Church Street, 4th Floor, NYC
Thursday, March 8, 2012 – 3 p.m.
NYS Department of Environmental Conservation Region 9 Office
270 Michigan Avenue, Hearing Room, Buffalo
One hour prior to each hearing (2 p.m. – 3 p.m.), public information sessions for Part 487 will be held at the same locations. DEC staff will answer questions from the public about the environmental justice regulations during this time, but the dialogue will not be part of the official hearing record.

DEC will provide interpreter services for deaf persons at no charge. Written requests for interpreter services are required and should be submitted by February 20, 2012, to Laura Stevens, NYSDEC, 625 Broadway, Albany, NY 12233, (518) 402-8451 or e-mail airregs@gw.dec.state.ny.us.

To request additional information on Part 487, or to submit comments on record, contact Melvin Norris, NYSDEC Office of Environmental Justice, 625 Broadway, Albany, NY 12233, (518) 402-8556 or e-mail: EJcomments@gw.dec.state.ny.us. Written comments may be submitted to DEC until Thursday, March 15, 2012 at 5 p.m.

To request additional information on Part 251, or to submit comments on record, contact Michael Jennings, NYSDEC Division of Air Resources, 625 Broadway, Albany, NY 12233, (518) 402-8403 or e-mail: 251GHG@gw.dec.state.ny.us. Written comments may be submitted to DEC until Thursday, March 15, 2012 at 5 p.m.

For more information on the proposed regulations, visit:

http://www.dec.ny.gov/regulations/propregulations.html

 

January 11, 2012

Cuomo’s “Energy Highway” paved with wishful thinking and plenty of our $$$$$!

Posted by coaxny under Andrew Cuomo, Article X, New York State, Power NY Act | Tags: , , , |
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January 12, 2012

It’s no wonder Governor Andrew Cuomo’s State of the State speech was “a hit with industry insiders” (http://nawindpower.com/e107_plugins/content/content.php?content.9166). These insiders will be the primary beneficiary of Cuomo’s newly-passed Article X.

Since 1894, New York State has supported NYS municipalities’ right to “Home Rule” regarding planning and zoning decisions within our respective municipalities.  Our locally elected officials have always had the right to decide how our respective communities would be developed and protected for future generations.  Unfortunately, Governor Cuomo has used the political savvy he has gained as a life-long politician and Albany insider to remove our long-held “Home Rule” rights (http://tinyurl.com/7f73wr9).  

Governor can now use ‘Article X’ as a new tool in his tool box to rework New York’s energy policies and, as a result, the landscape of New York, without any further public discussion.
 
Governor Cuomo’s politically-favored ‘renewable’ projects have been faced with growing state-wide public opposition. Fueling this opposition is:
1.) the increasing public knowledge and awareness of the inefficiency & unreliability of current antiquated ‘renewable’ technologies available (i.e.- wind & solar)
2.) the massive amounts of money being taken from taxpayers for these boondoggles and further contributing to bankrupting our State and Federal governments (http://tinyurl.com/cdotqgw)
 
Now like the puppet master, Governor Cuomo has taken the role of overlord into his own hands – supported by the bill’s enthusiastic “industry insiders”, who will now be determining where energy projects will be sited in New York State, instead of by the duly-elected officials who live, work and pay taxes within the targeted areas across the State.  
 
A viable solution to New York City’s energy woes is the Champlain-Hudson Power Express (CHPE) currently under consideration.  CHPE will not have to rely on public funds to be built as it is privately financed.  The project will provide 1000′s of high paying jobs, and will deliver highly-reliable, emissions-free hydropower to the New York City area, at a fair price for consumers.
 
We cannot afford a haphazard energy policy based on crony-capitalist back door dealings, political double-speak, and junk science.  Thankfully, there is a growing number of politicians nationally who have worked to better educate themselves about our energy issues in light of the Solyndra debacle and others (http://tinyurl.com/3nstj4d).  We trust that their growing numbers and efforts in Congress will stop the corporate welfare programs (i.e. – the Production Tax Credit and 1603 Direct Cash Grants) that enable these crony-capitalism enabled boondoggles to exist in the first place (http://www.washingtontimes.com/news/2011/nov/26/era-of-energy-subsidies-is-over/).
 
As Americans continue to wake up, get involved, and demand that real energy producers be approved,  New York State citizens need to wake up and speak out if we hope to fight the loss of such a critical right as “Home Rule”!

Robert E. Aliasso, Jr. – Coax Media Committee
raliasso@twcny.rr.com +1 (315) 771-9753

 

January 11, 2012

The New York State Board on Electric Generation Siting and the Environment

Posted by coaxny under Article X, Home Rule, New York State, Power NY Act | Tags: , , , |
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Enacted Article 10 Statute:

On August 4, 2011, Governor Andrew M. Cuomo signed into law Chapter 388 of the Laws of 2011 that enacts Article 10 of the Public Service Law. The primary purpose of Article 10 is to provide for the siting review of new and repowered or modified Major Electric Generating Facilities in New York State by the Board on Electric Generation Siting and the Environment (Siting Board) in a unified proceeding instead of requiring a developer or owner of such a facility to apply for numerous state and local permits. A previous version of such a law expired on January 1, 2003. Key provisions of the law include:

1. Defines a major electric generating facility as facilities of 25 megawatts or more;

2. Requires environmental and public health impact analysis, studies regarding environmental justice and public safety, and consideration of local laws;

3. Directs applicants to provide funding for both the pre-application and application phases. It allows funding to be used to help intervenors (affected municipalities and other parties) hire experts to participate in the review of the application and for legal fees (but not for judicial challenges);

4. Requires a utility security plan reviewed by Homeland Security and, for New York City (NYC) plants, NYC’s emergency management office;

5. Provides for appointment of ad hoc public members of the Siting Board from the municipality where the facility is proposed to be sited; and,

6. Requires a public information coordinator within the Department of Public Service (Department) to “assist and advise interested parties and members of the public” in participating in the siting process.

Chapter 388 of the Laws of 2011 can be accessed via the link below:

CHAPTER 388

Other useful information on the enacted Article 10 statute: Peter McGowan, General Counsel, Department of Public Service, Presentation at ACE NY Conference

Source

 

January 9, 2012

‘Home Rule’ derailed by ‘green’ energy train

Posted by coaxny under Article X, Home Rule, Power NY Act | Tags: , , , |
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The funny thing about Sen. Patrick Gallivan’s Dec. 27, 2011, response letter, “Power NY: A comprehensive, inclusive energy strategy,” to my Dec. 20, 2011, letter, “A loss of self-government,” was that Sen. Gallivan completely ignored mentioning the main point of my letter — the loss of “Home Rule” — which has occurred across NYS thanks to the passage of Article X contained within the Power NY Act.

In spite of Republican campaign rhetoric rallying against the expansion of “Big Government” — removing “Home Rule” is the expansion of “Big Government”! Article X has put all control regarding the siting of energy facilities into the hands of a select few, unelected bureaucrats — rendering all of our locally elected officials completely powerless.

As Sen. Gallivan is well-aware, a unanimously-passed county-wide Resolution opposing the Power NY Act has been passed within his district because of the bill’s resulting loss of “Home Rule” (http://wp.me/p1JXUo-6c). One would think that the good Senator would be working hard to protect and implement the wishes of those within his district — you know, those pesky people who elected him into office in the first place.

Sen. Gallivan cited his justifications for supporting the law as “promoting energy independence and clean energy use throughout New York State.” This statement reads like something right out of President Obama’s “green” energy handbook, which, as Obama admitted, “will cause our electricity prices to necessarily skyrocket.”

First of all, our energy “dependence” problem is because of our addiction to oil for gasoline. We already are “energy independent” when it comes to our electricity supply. Our nationwide electricity output from oil is only 1 percent. And since electricity from wind and solar are dependent on the rare earth elements that come from China, that’s not “energy independence” either. (http://tinyurl.com/4u2xjst)

Despite the expose’ of all the corruption surrounding Obama’s “green” energy agenda currently in the news (e.g., Solyndra), and how it’s full of hot air and costing you big bucks, Sen. Gallivan seems to be saying, “All aboard the ‘green’ energy train!” — the derailment of Home Rule is just a necessary casualty along the way. (http://tinyurl.com/cdotqgw)

As President Obama, Gov. Cuomo, and energy-illiterate green ideologues continue to:

1. push for the closing of Indian Point Nuclear plant outside NYC (http://tinyurl.com/d4xxnmq and http://tinyurl.com/bmu3tpw);

2. over-regulate coal plants right out of business — the source of over half of our nation’s affordable, reliable power (http://tinyurl.com/bulzpgv);

3. close existing co-gen plants across NYS; and,

4. fail to operate Niagara Falls at full capacity —

We are expected to believe that our declining populace in this severely indebted state needs to spend millions, if not billions, on building new, ridiculously inefficient, unreliable “green” energy generation facilities that exist only because of taxpayer-funded corporate welfare? This is nothing short of insane! (http://tinyurl.com/cva4s6t and http://tinyurl.com/cgmw9ja)

It’s no wonder NYS continues to rate as one the worst states in the country to do business when its leaders continue to spend money on things that don’t work — causing energy prices to soar and increasing the cost of doing business in NYS. (http://www.northnet.org/brvmug/NYSDirtyDozen.pdf)

Likewise, it’s not hard to figure out why businesses and people are leaving NYS in droves, and citizens who used to be proud of their respective party — Republicans and Democrats alike — are becoming independents. (http://tinyurl.com/d5bo7ue)

We continue to hope and pray that as a dedicated “public servant,” Sen. Gallivan will work to educate himself in order to pursue policies backed by sound science and economics, and based on ethics and integrity above money. (http://tinyurl.com/ca3fl9z)

Supporting the derailment of all NYS municipalities’ Constitutionally-appointed right to “Home Rule” to hop on board the “green” energy train is, at best, extremely misguided.

Mary Kay Barton lives in Castile.

Source

 

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