While there are multiple opportunities for funding through ARRA funds, grants soon to be available through NYSERDA are especially significant.

New York State is embarking on a new era of energy efficiency. As part of his State of the State Address, Governor Patterson announced an ambitious call to action: “By 2015, New York will meet 45 percent of its electricity needs through improved energy efficiency and clean renewable energy. We call this our “45 by 15.”

Later this month, New York State Energy Research and Development Authority (NYSERDA) will issue a request for proposals to allocate $30 million in federal stimulus funds for school energy efficiency and conservation projects.

School districts should take advantage of this call to action and opportunity to access federal funds. Improving energy efficiency not only reduces carbon footprints, it saves money. Savings can directly translate into lower taxes and long term fiscal security. The head of our energy practice is a former president of NYSERDA. He can help school districts develop strategies for seeking NYSERDA grant opportunities. Harris Beach also has a grant writing team that can assist with applications while benefiting from our experience in education.

Achieving energy efficiency may include:

• Construction: Even before a new building is designed or an existing building renovated, experts should be consulted to determine methods for improving buildings’ energy efficiency. Green materials, passive solar heating and geothermal opportunities as well as siting are only a few considerations before building or renovating.
• Alternative Fuels: Virtually every school district purchases new buses. Alternative fuel vehicles (i.e. bio-diesel and ethanol) can save money over the long term through coupling state resources encouraging alternative fuel bus purchase and installation of fueling and re-charging stations.
• Partnering with the State: Existing state resources can assist schools in becoming more energy efficient. State funds can defray construction and retrofitting costs. NYSERDA’s latest call for proposals is one example.

Examples of how schools that have been helped by NYSERDA programs have improved energy efficiency include: (These and other examples may be found on NYSERDA’s website at www.nyserda.com)

• The East Rochester School District fuel cell was made possible with the help of an $833,000 New York State Energy Research and Development Authority grant.
• Pittsford Central School District received a $400,000 grant from New York State Energy Research and Development (NYSERDA) for implementing energy saving measures at Calkins Road Middle School.
• Rochester City School District To Receive More Than $1 million for Energy-Efficiency Measures. District ranks No.2 in Nation in commitment to renewable power for schools
• Oswego City School District Receives More Than $200,000 From NYSERDA for Energy Improvements.

We encourage school districts faced with difficult economic decisions to consider how enhancements to energy efficiency can improve school operations and realize long-term cost savings over time. School districts should take advantage of this call to action and opportunity to access federal funds. William Flynn, chair of our energy practice group is a former president of NYSERDA. He can help school districts develop strategies for seeking NYSERDA grant opportunities. Harris Beach also has a grant writing team that can assist with applications while benefiting from our experience in education.

Districts interested in maximizing energy efficiency or responding quickly to the NYSERDA RFP should contact Harris Beach attorneys William Flynn (wflynn@harrisbeach.com) and Douglas Gerhardt (dgerhardt@harrisbeach.com) or the attorney with whom you usually work.

This Legal Alert provides a brief analysis or comments on matters related to energy efficiency. This alert does not purport to be a substitute for advice of counsel on specific matters.

Harris Beach has offices throughout New York state, including Albany, Buffalo, Ithaca, New York City, Niagara Falls, Rochester, Saratoga Springs, Syracuse and Yonkers, as well as Newark, New Jersey.