New York energy law is the statutory, regulatory, and common law of the state of New York concerning the policy, conservation, taxation, and utilities involved in energy. Secondary sources have also influenced energy law in New York.
The myriad legal issues concerning hydrofracking in New York has in the 2010s spawned a new body of legal authority with primary authorities such as case law, statutes, and zoning regulations, as well as secondary sources such as law review and newspaper articles, for this rapidly changing field of law.
Energy Law (Consolidated Laws) The New York Consolidated Laws includes a statutory code called the "Energy Law".N.Y. Energy Law § 1-101, found at New York State Legislature official web site, go to "ENG", then "Article 1", finally "1–101 – Short title". Accessed August 6, 2008. Under New York law, "energy" and "energy resources" are defined as:
The N.Y. Energy Law became effective on July 26, 1976 as Chapter 17-A of the Consolidated Laws.See Preface, N.Y. Energy Law (McKinney's); L. 1976, Chap. 819, sec. 2. The 1970s was a period of tremendous expansion of both federal and state laws concerning energy.
This code is divided into these articles, which are not sequential:N.Y. Energy Law, at Consolidated Laws, at New York State Legislature official website, go to "ENG". Accessed February 4, 2009. 1. Short Title; Definitions 3. State Energy Policy 5. State Energy Office, etc. 7. Transfer of Functions 8. Light Efficiency Standards (for existing buildings) Act 9. Energy Performance (for public buildings) 10. Fuel Set-aside Act 11. Conservation Construction Code Act 12. Solar Energy Products Warranty Act 13. State Green Building Construction Act (new, "Effective Date: 03/24/2009")N.Y. Energy Law, Art. 13, of Consolidated Laws, at New York State Legislature official website, go to "ENG", then "Article 13". Accessed February 4, 2009. 16. Appliance Efficiency Standards (new)N.Y. Energy Law (McKinney's supp. 2008). 17. Energy Information 18. Temporary Nuclear Waste Repositories 21. Energy Supply and Production Appendix – RulesN.Y. Energy Law (McKinney's appendix).
The Bluebook citation for McKinney's Statutes is N.Y. Engy. L., while for the Consolidated Laws, the citation is "Energy".
Recent legislation and Legislative committees
State senate
The New York State Senate Energy and Telecommunications Committee is chaired by Kevin Parker, of Brooklyn.
The energy and telecommunications committee was previously chaired by Senator Joseph Griffo, a Republican from Rome, in Oneida County; before that Republican Senator George D. Maziarz, of Newfane, in western Niagara County, was chair, and prior to Maziarz, Democratic Senator Darrel Aubertine, of upstate Cape Vincent, Jefferson County, was chair of the committee.New York State Senate website Darrel J. Aubertine's page. Retrieved June 1, 2009, and updated version on January 24, 2011.
This is Parker's second term as chair of the energy and telecommunications committee. Before 2009, it was a "backbench" committee; in 2008, the Senate referred six bills to the Assembly Energy committee, but none of them were passed.New York State Assembly website Updates from the Committee on Energy. Retrieved March 6, 2009. Senate Majority Leader Malcolm Smith replaced Senator Parker, then chair, with Aubertine on May 11, 2009, after Parker's arrest on harassment charges.Delen Goldberg, "North Country Sen. Darrel Aubertine promoted after Brooklyn Sen. Kevin Parker arrested," The Post-Standard, May 17, 2009, found at Syracuse.com website. Retrieved June 1, 2009.Jude Seymour, "Aubertine to lead panel on energy after shakeup," Watertown Daily Times, May 12, 2009, found at Watertown Daily Times . Retrieved June 1, 2009."Aubertine Named Chair of Energy Committee," posted May 11, 2009, found at NY Senate Press release. Retrieved June 1, 2009. Aubertine supported an extension to the "Power for Jobs" state program."Aubertine: Power for Jobs should be extended at least a year for certainty, continuity," posted May 27, 2009, found at NY Senate Press release. Retrieved June 1, 2009. In November 2010, Aubertine lost re-election, and the Republicans garnered a majority.NYSenate.gov website. Retrieved January 24, 2011. In 2014, Maziarz held a meeting with the Public Service Commission to discuss the PSC's extension of the 18-a surcharge (the temporary utility assessment) which he claimed overcharged ratepayers by $250 million and the state Senate Republicans were calling a new state tax. Maziarz chose not to run for re-election in 2014 after being charged by former state Attorney General Eric Schneiderman with election law violations. In 2018, the Democratic party regained the majority.
The Senate Environmental Conservation, as standing committee, was chaired by Todd Kaminsky, of Long Island.
Assembly
As of July 2025, Didi Barrett, representing parts of Dutchess and Columbia Counties, is chairperson of the New York State Assembly Standing Committee on Energy. She is also a member of the Committee on Environmental Conservation.
From 2018 until January 1, 2023, Member of the Assembly Michael Cusick, a Democrat representing parts of Staten Island, was chairperson.
In 2014, Member of the Assembly Amy Paulin, representing parts of suburban Westchester County, was the chair.New York State Assembly website Committee on Energy listing. Retrieved April 7, 2014. Congressman Paul Tonko, Assemblyman Kevin Cahill, representing Upstate Ulster and Dutchess counties,[New York State Assembly website Member Kevin Cahill's page]. Retrieved March 6, 2009.New York State Assembly website Committee on Energy listing. Retrieved March 6, 2009 and January 24, 2011. and Thomas O'Mara are all past chairs. Former comptroller Andrew Hevesi, was formerly a chair of the Assembly Renewable Energy subcommittee.Andrew Hevesi, "Promoting Solar Energy and Job Creation in New York State," NY Capitol News , April 26, 2010. Found at NY Capitol News archives . Accessed August 5, 2010.
In 2017, the Committee on Energy held hearings to discuss the pending shut down of Indian Point, Zero-Emissions Credits, and the Clean Energy Standard. Committee on Energy hearings in 2009 included hearings on the New York Independent System Operator's Electricity Commodity Pricing,Notice of Public Hearing, from the New York State Assembly website Committee on Energy pages. Retrieved March 6, 2009.Larry Rulison, "NYISO openness needed, critic says: Author of study urges transparency in system's bidding process," Albany Times Union, March 5, 2009, found at Albany Times Union website, and "Assemblyman blasts NYISO over rates: Brodsky touts new study critical of its method of setting electric prices," Albany Times Union, March 4, 2009, found at Albany Times Union website. Both articles retrieved March 6, 2009. the December Ice Storm power outages,Hearing on December Ice Storm Power Outages, Report at New York State Assembly website Committee on Energy pages and Notice of Public Hearing at New York State Assembly website Committee on Energy pages. Retrieved March 6, 2009. and an annual report.New York State Assembly website Committee on Energy pages and Annual Report in .pdf format. Retrieved March 6, 2009.
The Assembly Energy committee "has jurisdiction over legislation related to energy availability and sources, policy and planning, conservation, and electric and gas rate-making in New York State". This includes any amendments to N.Y. Energy Law and Public Service Law. It has concurrent jurisdiction over the authorities and agencies dealing with energy, including NYSERDA, the Long Island Power Authority, Department of Environmental Conservation, and the Power Authority of the State of New York.
New 2007 to 2022 laws
The state has enacted, in 2007, a number of recent laws to control carbon emissions.website of Member of Assembly Sandy Galef . Accessed August 27, 2008. There is also a new Article 13 of N.Y. Energy Law, the State Green Building Construction Act, in 2008.New York Laws, Chapter 565 of the Laws of 2008. This new Act is composed of four sections, including N.Y. Energy L. § 13–107, "Agency green building construction requirements". They also passed a law to establish a "Green Residential Building Grant Program", which directs NYSERDA to grant moneys subject to LEED.New York Laws, Chapter 631 of the Laws of 2008. The LEED status of a recently built state authority convention center - the Albany Capital Center - is unknown. Finally, the legislature also enacted three closely related laws to expand "Net metering" of alternative energy generating systems.New York Laws, Chapters 452, 480, and 483 of the Laws of 2008.
Senator Kevin Parker stated that he had been "aiming for a long time" to work on energy and environmental issues."Issue Forum: Energy," NY Capitol News, February 2009, pp. 4–9, found at NY Capitol News website (.pdf document). Retrieved March 9, 2009. Among the issues he wanted to address are "energy generation and transmission... public transportation... [and] Renewable energy... " Assemblyman Cahill noted equally "ambitious goals for renewable power and energy conservation", especially by funding the State Energy Plan, "mass transit", repowering "Old hydro facilities" and modernizing the states "electric grid". NYSERDA president Francis Murray, Jr. echoed that it was "the most ambitious clean-energy program in the nation".
The Power New York Act, enacted in July 2011, re-establishes the Article 10 energy plant siting law, which had expired (sunsetted) over seven years prior. The new law had overwhelmingly favorable editorial support.
In 2012, several items on Governor Andrew Cuomo's agenda were done: Launch of the New York Energy highway (see below) Passage of tax credits for solar leasing Passage of tax exemptions for solar power for all building classes.
For 2012 income taxes, taxpayers can now take a credit for "Solar Energy System Equipment Credit" by using Form IT-255.N.Y. Form IT-255, , instructions here: . Both accessed April 11, 2013.
In 2013, in response to Hurricane Sandy, the 2013 LIPA Reform Act was passed. This bill shifted operation of LIPA's electric transmission and distribution system from National Grid to PSEG-LI and also allowed for greater review of LIPA's finances by the Public Service Commission. The Act has been criticized by the New York State Comptroller for increasing retail rates, increasing LIPA's debt, and decreasing consumer transparency.
A 2016 bill to create tax incentives for geothermal energy systems was vetoed by Governor Cuomo.
As part of the FY 2023 state budget, Governor Kathy Hochul signed a legislative agreement to suspend the gasoline and certain other fuel taxes from June 1 to December 31, 2022.
New 2023 to 2026 laws and bills
There is a proposed bill that would "regulate outdoor night lighting to preserve and enhance the state's dark sky." As of September 2026, it is in the Senate Environmental Conservation Committee.
Related statutes In Consolidated Laws, there are many sections that have cross-references to, or relate to, N.Y. Energy Law and energy taxes in New York. Within N.Y. Environmental Conservation Law are several articles relevant to energy, including the Mineral Resources laws, article 23.N.Y. ECL, art. 23. Found at N.Y. State Assembly website. Retrieved February 29, 2012. This is also called the N.Y. Oil, Gas, and Solution Mining Law,N.Y. ECL, § 23-0102. Found at N.Y. State Assembly website. Retrieved February 29, 2012. which includes permitting, fees, and related laws.