By Michael B. Gerrard and Edward McTiernan
The New York State Energy Plan, announced by Gov. Andrew Cuomo in 2015, calls for a doubling to 50 percent of the portion of the electricity used in the state that comes from renewable sources by 2030. This would lower greenhouse gas emissions, create jobs, and reduce the use of fossil fuels, especially natural gas.
Much of this new renewable energy would be generated by wind and solar projects. Some if it would be from wind facilities to be built offshore in the Atlantic Ocean; the rest would be on the land.
Various federal and state incentives and mandates, as well as declining costs, have induced private developers to propose large onshore wind and solar farms. However, a number of upstate and Long Island municipalities have adopted or are considering local laws that would inhibit this construction, by for example using zoning to restrict where the facilities could be built, imposing onerous setback or other requirements, or barring tree clearing. These local laws are making it more difficult for the state to meet its renewable energy goals.
A state statute, Article X of the Public Service Law, allows the state to override these local laws. This column discusses the history and contents of Article X, the case law under it and its predecessors, and how it can be used to help the construction of renewable energy facilities.
Read the article State Authority to Preempt Local Laws Regulating Renewable Energy Projects in Columbia Law School's Scholarship Archive.