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Renewable Energy

Sector

Profile
Services
Experience
People

Setting a Standard for Sustainability

The renewable energy industry has evolved rapidly as New York state continually implements new policies and programs aimed at decreasing reliance on fossil-fuel fired electric generation and the diversification of energy supplies. Such policies are most notably reflected in the Climate Leadership and Community Protection Act (CLCPA), which requires New York to obtain 70% of its electricity from renewable resources by 2030, 100 percent emissions-free electricity by 2040, 9,000 megawatts (MW) of offshore wind capacity by 2035, 6,000 MW of solar energy by 2025, and 3,000 MW of energy storage capacity by 2030.

The breadth and depth of our Energy Industry Team uniquely positions us to assist our clients in all facets of renewable energy in New York state. Our experience with renewable energy technologies includes solar, wind, hydroelectric, battery storage, fuel cells and bio-mass resources. And while New York offers its share of policy and financial incentives to promote renewable energy, development of renewable generation nevertheless creates complex legal and regulatory challenges. That’s where our deep insight into key regulatory, energy, and environmental issues can help you take advantage of the state’s pro-renewables environment.

Due to their complex nature, renewable energy matters typically cross disciplines, which is why our Energy Industry Team includes other Harris Beach attorneys with the relevant backgrounds to meet your needs.

Our renewable energy experience. Your business advantage.
Our Energy Industry Team has extensive experience representing renewable energy developers, consumers, producers and investors. For example, we have assisted numerous developers in obtaining the necessary legal and regulatory approvals to site large and small-scale solar and wind projects across New York state, and to acquire portfolios of solar generating projects, including drafting and negotiating Engineering Procurement and Construction (EPC) agreements, Asset Purchase agreements (APA), negotiating Payment In Lieu Of Taxes (PILOT) agreements, Membership Interest Purchase and Sale agreements (MIPA), and all related documents.

Successful implementation of renewable alternatives often requires interaction with state entities. Our Energy Industry Team routinely facilitates meetings with the appropriate state agencies, including the Office of Renewable Energy Siting, Public Service Commission (PSC), New York State Energy Research and Development Authority (NYSERDA) and the Department of Environmental Conservation (DEC), to name a few. We also provide legal counsel on all aspects of renewable generation development, including real property, tax, financing, interconnection, environmental, permitting and land use for both large and small-scale development.

Clients frequently call on our Energy Industry Team for assistance in understanding ever-changing state renewable policies and programs, including PSC orders on net energy metering and the role of renewable energy in other policy initiatives such as the Value of Distributed Energy Resources, Clean Energy Standard, and Reforming the Energy Vision initiatives.

Our attorneys have worked on and continue to work on a wide variety of renewable issues, including the following:

Siting/Permitting

  • We represent and assist numerous project developers in navigating the legal and regulatory processes required to obtain approval to site and construct renewable projects under Section 94-c of the Executive Law, Article 10 of the Public Service Law, or the State Environmental Quality Review Act (SEQRA).
  • We are assisting clients in obtaining approvals for more than 250 MW of stand-alone energy storage in Suffolk County and have worked with developers in obtaining permits for multiple co-located solar and energy storage systems across the state.
  • Represented a developer of the first solar-only project (90 megawatt) seeking certification for the facility from the New York State Board on Electric Generation Siting and the Environment under Article 10.
  • Represented a developer in the siting of the first 120 MW off-shore wind farm in New York state.
  • Our attorneys have represented various wind developers in regulatory proceedings before the PSC as well as in litigation before New York state courts.

Interconnection and Real Property

  • We assist clients in securing the necessary real property interests and/or use rights for the development and operation of renewable energy projects, including leases, easements, deeds and other related agreements. Our attorneys also have in-depth knowledge of title insurance and work regularly with title underwriters to address and resolve title issues and develop curatives to facilitate project development.
  • We have assisted numerous clients in negotiating PILOT and Host Community agreements.
  • Our attorneys advise clients in navigating the interconnection process and coordinating with the New York Independent System Operator, Inc. (NYISO) and local distribution utilities to address interconnection issues.
  • The firm represented the first community-owned wind project in the state on interconnection and other real property matters.

Contract Drafting/Negotiation and Other Corporate Work

  • We represent clients in submitting proposals in NYSERDA’s RFP solicitations for Renewable Energy Credit (REC) awards; and provide guidance on negotiating and complying with NYSERDA REC agreements.
  • We have represented developers in negotiations for the acquisition of transmission and generation assets, both real and personal property, from various utilities and governmental authorities using asset purchase and equity purchase structures.
  • We have assisted multiple developers in drafting and executing EPC contracts and O&M agreements.
  • Our attorneys assisted numerous municipalities, school districts and commercial customers in negotiating power purchase agreements with developers for the construction of net metered and remote net metered solar generating facilities.
  • Harris Beach attorneys represented the owner of three of the four biomass facilities located within the state on matters related to participation in Renewable Portfolio Standard programs and negotiation of power purchase agreements.

Project Financing and Due Diligence

  • Harris Beach attorneys counsel developers on applicable financial incentives, including property tax abatements, sales and use tax exemptions, and mortgage recording tax exemptions through the use of IDA’s or under other state programs.
  • We regularly assist with the corporate structuring and establishment of specific project entities for project development, including tax equity structures.
  • Our attorneys assisted a large solar products manufacturing company with financing, state agency relations and related matters.
  • We have assisted numerous national energy companies in acquiring renewable energy portfolios in the state by performing due diligence reviews of the projects in areas regarding regulatory compliance, real property, interconnections and environmental matters.

Energy Team Member Experience
Relevant Government Experience

  • NYS PSC Chairman
  • NYSERDA President and Board Member
  • NYS Board on Electric Generation Siting and the Environment Chair
  • FERC-appointed Vice-Chairman on the Federal Joint Board on Economic Dispatch for the Northeast Region
  • DEC Region 4 Director

Association Involvement

  • New York Solar Energy Industries Association (NYSEIA) – Current Board Member (Michelle Piasecki)
  • Alliance for Clean Energy New York (ACE NY)
  • The Business Council of New York State
  • Independent Power Producers of New York (IPPNY)
  • New York Battery and Energy Storage Technology (NY-BEST) Consortium
  • The Urban Green Council
  • National Association of Regulatory Utility Commissioners (NARUC)
  • The Mid-Atlantic Conference of Regulatory Utilities Commissioners (MACRUC)
  • The Business Network for Offshore Wind

Biomass

  • Harris Beach attorneys represented the owner of three biomass facilities located within the state on matters related to:
    • Participation in main tier and maintenance tier programs under the Renewable Portfolio Standard.
    • Negotiation of power purchase agreements.

Energy Efficiency

  • Harris Beach attorneys provide strategic counsel to some of the state’s largest commercial and industrial customers on energy-efficiency issues.

Project Financing and Due Diligence

  • Harris Beach attorneys counsel developers on applicable financial incentives, including property tax abatements, sales and use tax exemptions, and mortgage recording tax exemptions through the use of IDA’s or under other state programs.
  • We regularly assist with the corporate structuring and establishment of specific project entities for project development, including tax equity structures.
  • Our attorneys assisted a large solar products manufacturing company with financing, state agency relations and related matters.
  • We have assisted numerous national energy companies in acquiring renewable energy portfolios in the state by performing due diligence reviews of the projects in areas regarding regulatory compliance, real property, interconnections and environmental matters.

Solar

  • The Energy Industry Team represents a developer of the first, solar only Article 10 project (90 megawatt) seeking certification for the facility from the New York State Board on Electric Generation Siting and the Environment under Article 10 of the Public Service Law.
  • Our team assisted a national energy company to acquire over 30 solar generating facilities in the state by performing due diligence reviews of the projects in areas regarding regulatory, real property, interconnections and environmental matters.
  • Our attorneys assisted a large solar products manufacturing company with financing, state agency relations and related matters.
  • We have assisted numerous municipalities, school districts and commercial customers in negotiating power purchase agreements with developers for the construction of net metered and remote net metered solar generating facilities.

Wind

  • Harris Beach attorneys have assisted developers in siting several wind projects including the siting of the first utility-scale project at 120 MW in NYS.
  • We represented the first community-owned wind project in the state on interconnection and other real property matters.
  • Our attorneys have also represented various wind developers in regulatory proceedings before the PSC as well as in litigation before New York state courts.

Leader(s)

William Flynn

William M. Flynn

Member

Team

Susan Crossett

Susan M. Crossett

Consultant
William Flynn

William M. Flynn

Member
Gene Kelly

Gene J. Kelly

Member
John Mcmanus

John T. McManus

Member
Aubrey Ohanian

Aubrey A. Ohanian

Member
Michelle Piasecki

Michelle K. Piasecki

Member
All Insights, All Publications, Legal Alert |
 February 22, 2023
New Transmission Upgrades Provide Developers Opportunity to Capitalize on Renewable Energy
The NYS Public Service Commission authorized electric utilities to develop transmission upgrades to integrate renewable energy projects...read more
All Insights, All Publications, Legal Alert |
 September 23, 2022
New York State to Fund Sixth Round of Renewable Energy Projects
On September 21, New York Gov. Kathy Hochul announced the state’s sixth annual solicitation of large-scale renewable energy projects....read more
All Insights, All Publications, Legal Alert |
 September 18, 2020
Proposed Rules Issued for Accelerated Review of Renewable Energy Projects in New York
On September 16, 2020, the Office of Renewable Energy Siting (“ORES”) issued proposed regulations and uniform standards and conditions (“USC...read more
All Insights, All Publications, Legal Alert |
 April 2, 2020
New York Takes Action to Expedite Renewable Energy Siting and Development
On April 1, 2020, Gov. Andrew M. Cuomo and the Legislature agreed to adopt the Accelerated Renewable Energy Growth and Community Benefit Act...read more
All Insights, All Publications, Legal Alert |
 August 6, 2019
State Legislature Considers Regulations for Decommissioned Solar Panels
Earlier this summer the New York State Senate passed a bi-partisan bill (S. 942) to require the Department of Environmental Conservation (“D...read more
All Insights, All Publications, Legal Alert |
 January 22, 2019
Clean Energy Mandates Dominate New York’s “State of the State”
Clean, renewable energy mandates dominated New York Governor Andrew Cuomo’s 2019 “State of the State” address released on January 14, 2019. ...read more
All Insights |
 December 5, 2018
New Lobbying Regulations in New York
New lobbying regulations in New York go into effect on January 1, 2019. With the new regulations, the New York State Joint Commission on Pub...read more
All Insights, Advisory, All Publications |
 November 27, 2018
Gene Kelly Presented on Renewable Power at the New York State Environmental Law Conference
Harris Beach attorney Gene Kelly moderated a panel focusing on “New York’s Renewable Energy Push” at the New York State Business Council’s A...read more
All Insights, Advisory, All Publications |
 November 27, 2018
Gene Kelly Presented on Renewable Energy at Independent Power Producers of New York Conference
Harris Beach attorney Gene Kelly presented at the Independent Power Producers of New York (IPPNY) conference on “New York’s Article 10 and S...read more
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Renewable Energy

Sector

■ Profile

Setting a Standard for Sustainability

The renewable energy industry has evolved rapidly as New York state continually implements new policies and programs aimed at decreasing reliance on fossil-fuel fired electric generation and the diversification of energy supplies. Such policies are most notably reflected in the Climate Leadership and Community Protection Act (CLCPA), which requires New York to obtain 70% of its electricity from renewable resources by 2030, 100 percent emissions-free electricity by 2040, 9,000 megawatts (MW) of offshore wind capacity by 2035, 6,000 MW of solar energy by 2025, and 3,000 MW of energy storage capacity by 2030.

The breadth and depth of our Energy Industry Team uniquely positions us to assist our clients in all facets of renewable energy in New York state. Our experience with renewable energy technologies includes solar, wind, hydroelectric, battery storage, fuel cells and bio-mass resources. And while New York offers its share of policy and financial incentives to promote renewable energy, development of renewable generation nevertheless creates complex legal and regulatory challenges. That’s where our deep insight into key regulatory, energy, and environmental issues can help you take advantage of the state’s pro-renewables environment.

Due to their complex nature, renewable energy matters typically cross disciplines, which is why our Energy Industry Team includes other Harris Beach attorneys with the relevant backgrounds to meet your needs.

Our renewable energy experience. Your business advantage.
Our Energy Industry Team has extensive experience representing renewable energy developers, consumers, producers and investors. For example, we have assisted numerous developers in obtaining the necessary legal and regulatory approvals to site large and small-scale solar and wind projects across New York state, and to acquire portfolios of solar generating projects, including drafting and negotiating Engineering Procurement and Construction (EPC) agreements, Asset Purchase agreements (APA), negotiating Payment In Lieu Of Taxes (PILOT) agreements, Membership Interest Purchase and Sale agreements (MIPA), and all related documents.

Successful implementation of renewable alternatives often requires interaction with state entities. Our Energy Industry Team routinely facilitates meetings with the appropriate state agencies, including the Office of Renewable Energy Siting, Public Service Commission (PSC), New York State Energy Research and Development Authority (NYSERDA) and the Department of Environmental Conservation (DEC), to name a few. We also provide legal counsel on all aspects of renewable generation development, including real property, tax, financing, interconnection, environmental, permitting and land use for both large and small-scale development.

Clients frequently call on our Energy Industry Team for assistance in understanding ever-changing state renewable policies and programs, including PSC orders on net energy metering and the role of renewable energy in other policy initiatives such as the Value of Distributed Energy Resources, Clean Energy Standard, and Reforming the Energy Vision initiatives.

Our attorneys have worked on and continue to work on a wide variety of renewable issues, including the following:

Siting/Permitting

  • We represent and assist numerous project developers in navigating the legal and regulatory processes required to obtain approval to site and construct renewable projects under Section 94-c of the Executive Law, Article 10 of the Public Service Law, or the State Environmental Quality Review Act (SEQRA).
  • We are assisting clients in obtaining approvals for more than 250 MW of stand-alone energy storage in Suffolk County and have worked with developers in obtaining permits for multiple co-located solar and energy storage systems across the state.
  • Represented a developer of the first solar-only project (90 megawatt) seeking certification for the facility from the New York State Board on Electric Generation Siting and the Environment under Article 10.
  • Represented a developer in the siting of the first 120 MW off-shore wind farm in New York state.
  • Our attorneys have represented various wind developers in regulatory proceedings before the PSC as well as in litigation before New York state courts.

Interconnection and Real Property

  • We assist clients in securing the necessary real property interests and/or use rights for the development and operation of renewable energy projects, including leases, easements, deeds and other related agreements. Our attorneys also have in-depth knowledge of title insurance and work regularly with title underwriters to address and resolve title issues and develop curatives to facilitate project development.
  • We have assisted numerous clients in negotiating PILOT and Host Community agreements.
  • Our attorneys advise clients in navigating the interconnection process and coordinating with the New York Independent System Operator, Inc. (NYISO) and local distribution utilities to address interconnection issues.
  • The firm represented the first community-owned wind project in the state on interconnection and other real property matters.

Contract Drafting/Negotiation and Other Corporate Work

  • We represent clients in submitting proposals in NYSERDA’s RFP solicitations for Renewable Energy Credit (REC) awards; and provide guidance on negotiating and complying with NYSERDA REC agreements.
  • We have represented developers in negotiations for the acquisition of transmission and generation assets, both real and personal property, from various utilities and governmental authorities using asset purchase and equity purchase structures.
  • We have assisted multiple developers in drafting and executing EPC contracts and O&M agreements.
  • Our attorneys assisted numerous municipalities, school districts and commercial customers in negotiating power purchase agreements with developers for the construction of net metered and remote net metered solar generating facilities.
  • Harris Beach attorneys represented the owner of three of the four biomass facilities located within the state on matters related to participation in Renewable Portfolio Standard programs and negotiation of power purchase agreements.

Project Financing and Due Diligence

  • Harris Beach attorneys counsel developers on applicable financial incentives, including property tax abatements, sales and use tax exemptions, and mortgage recording tax exemptions through the use of IDA’s or under other state programs.
  • We regularly assist with the corporate structuring and establishment of specific project entities for project development, including tax equity structures.
  • Our attorneys assisted a large solar products manufacturing company with financing, state agency relations and related matters.
  • We have assisted numerous national energy companies in acquiring renewable energy portfolios in the state by performing due diligence reviews of the projects in areas regarding regulatory compliance, real property, interconnections and environmental matters.

Energy Team Member Experience
Relevant Government Experience

  • NYS PSC Chairman
  • NYSERDA President and Board Member
  • NYS Board on Electric Generation Siting and the Environment Chair
  • FERC-appointed Vice-Chairman on the Federal Joint Board on Economic Dispatch for the Northeast Region
  • DEC Region 4 Director

Association Involvement

  • New York Solar Energy Industries Association (NYSEIA) – Current Board Member (Michelle Piasecki)
  • Alliance for Clean Energy New York (ACE NY)
  • The Business Council of New York State
  • Independent Power Producers of New York (IPPNY)
  • New York Battery and Energy Storage Technology (NY-BEST) Consortium
  • The Urban Green Council
  • National Association of Regulatory Utility Commissioners (NARUC)
  • The Mid-Atlantic Conference of Regulatory Utilities Commissioners (MACRUC)
  • The Business Network for Offshore Wind

■ Experience

  • Represents large and small-scale renewable energy developers in all aspects of development and siting, including responding to requests for proposals, negotiating power purchase agreements and agreements with NYSERDA, navigating the interconnection process, and obtaining all necessary legal and regulatory approvals.
  • Represents distributed energy resources (DERs) on various regulatory issues, including registration with the Public Service Commission (PSC), drafting subscription and sales agreements, and ongoing compliance with relevant laws and regulations.
  • Successfully advised a developer in connection with two offshore wind solicitations issued by the New York State Energy Research and Development Authority (NYSERDA).
  • Represents an offshore wind developer in its application to the PSC for a Certificate of Environmental Compatibility and Public Need (CECPN) under Article VII of the Public Service Law for the transmission export cable and related facilities to connect an 880 megawatt offshore wind farm to New York’s electrical grid.
  • Represents a battery storage developer in connection with the various regulatory requirements for two proposed facilities in New York City.
  • Assists clients in acquiring and divesting renewable energy projects, including due diligence of all real estate, environmental, energy, and regulatory issues.

■ Services

Biomass

  • Harris Beach attorneys represented the owner of three biomass facilities located within the state on matters related to:
    • Participation in main tier and maintenance tier programs under the Renewable Portfolio Standard.
    • Negotiation of power purchase agreements.

Energy Efficiency

  • Harris Beach attorneys provide strategic counsel to some of the state’s largest commercial and industrial customers on energy-efficiency issues.

Project Financing and Due Diligence

  • Harris Beach attorneys counsel developers on applicable financial incentives, including property tax abatements, sales and use tax exemptions, and mortgage recording tax exemptions through the use of IDA’s or under other state programs.
  • We regularly assist with the corporate structuring and establishment of specific project entities for project development, including tax equity structures.
  • Our attorneys assisted a large solar products manufacturing company with financing, state agency relations and related matters.
  • We have assisted numerous national energy companies in acquiring renewable energy portfolios in the state by performing due diligence reviews of the projects in areas regarding regulatory compliance, real property, interconnections and environmental matters.

Solar

  • The Energy Industry Team represents a developer of the first, solar only Article 10 project (90 megawatt) seeking certification for the facility from the New York State Board on Electric Generation Siting and the Environment under Article 10 of the Public Service Law.
  • Our team assisted a national energy company to acquire over 30 solar generating facilities in the state by performing due diligence reviews of the projects in areas regarding regulatory, real property, interconnections and environmental matters.
  • Our attorneys assisted a large solar products manufacturing company with financing, state agency relations and related matters.
  • We have assisted numerous municipalities, school districts and commercial customers in negotiating power purchase agreements with developers for the construction of net metered and remote net metered solar generating facilities.

Wind

  • Harris Beach attorneys have assisted developers in siting several wind projects including the siting of the first utility-scale project at 120 MW in NYS.
  • We represented the first community-owned wind project in the state on interconnection and other real property matters.
  • Our attorneys have also represented various wind developers in regulatory proceedings before the PSC as well as in litigation before New York state courts.

■ People

Susan M. Crossett

Consultant
(315) 214-2044

William M. Flynn

Member
(518) 701-2711
wflynn@harrisbeach.com

Gene J. Kelly

Member
(518) 701-2740
GKelly@HarrisBeach.com

John T. McManus

Member
(518) 701-2734
jmcmanus@harrisbeach.com

Aubrey A. Ohanian

Member
(518) 701-2720
aohanian@harrisbeach.com

Michelle K. Piasecki

Member
(518) 701-2741
mpiasecki@harrisbeach.com

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Blockchain and Digital Assets 
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Environmental, Social and Governance (ESG)
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Washington, DC
800-685-1429

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of March 20, 2023 7:29 pm
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