Public Service Commission Extends NY-Sun Program

Chris Baiamonte

In spite of the seemingly cataclysmic budget pressures New York State is under in light of additional expenses and crimped revenue related to the pandemic response, its long-term commitment to achieving its renewable energy goals, as articulated in the Climate Leadership and Community Protection Act (CLCPA), shows few signs of wavering. On May 14, the Public Service Commission issued an order (Case No. 19-E-0735) granting the New York State Energy Research and Development Authority’s (NYSERDA) petitions seeking an additional $573 million to fund the New York-Sun (NY-Sun) solar energy program through the year 2025. 

    NYSERDA’s petition, filed last November, sought funding to extend the NY-Sun program for an additional two years. It had been scheduled to end in 2023. The NY-Sun program was created in 2014 by the governor in order to provide state subsidies to solar projects around the state, with the initial goal of adding 3,000 megawatts (MW) of installed solar capacity. It has thus far helped finance nearly 1,000 MW worth of solar energy generating capacity, with another 1,000 MW in the pipeline. The goal articulated by the CLCPA for distributed (typically, rooftop) solar energy capacity is 6,000 MW by 2025. Initial funding for the expansion will use untapped NYSERDA funds and additional funding potentially coming from the Clean Energy Fund. 

    About one fourth of the new funding will go towards Community Adder incentives for community solar projects located in the National Grid and New York State Electric and Gas Corporation utility territories (Rochester Gas and Electric Corporation soon to be added). The Community Adder is an incentive-based successor to the Community Credit component of the Value Distributed Energy Resource tariff. PSC also approved additional adders for projects involving storage, system resiliency, value to disadvantaged and affordable housing communities, and projects to be sited on brownfields, landfills, or parking lots. 

    PCS’s order granted the proposal contained within the petition to use at least a quarter of the newly allocated funds on programs focusing on benefitting customers with low- or moderate-income customers. NYSERDA dubs this new effort the Framework for Solar Energy Equity (FSEE). FSEE will attempt to, among other things, incent projects sited on affordable housing, certain homeowners who install rooftop solar panels, energy storage projects, and expand on NYSERDA’s existing Solar for All program, which offers discounts to low-income New Yorkers on their energy bills through participation in a community solar project. 

 Questions and Updates 

    Please do not hesitate to contact the Wladis Law Firm if you have any questions about the above information. We will do our best to provide you with updates and will be available to answer questions as circumstances change. 

Chris Baiamonte primarily focuses on civil litigation, counseling individual, corporate, and municipal clients on resolving disputes ranging from environmental liability to shareholders rights to creditor–debtor suits. He also works with clients to navigate various state and federal regulations relating to areas such as environmental protection, employment, and civil rights. Contact him at 315-445-1700.