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". Under New York law, "energy" and "energy resources" are defined as:
"Energy" means work or heat that is, or may be, produced from any fuel or source whatsoever. ... "Energy resources" shall mean any force or material which yields or has the potential to yield energy, including but not limited to electrical, fossil, geothermal, wind, hydro, solid waste, tidal, wood, solar and nuclear sources. The N.Y. Energy Law became effective on July 26, 1976 as Chapter 17-A of the Consolidated Laws. 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: 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") 16. Appliance Efficiency Standards (new) 17. Energy Information 18. Temporary Nuclear Waste Repositories 21. Energy Supply and Production Appendix – Rules 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. 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. Senate Majority Leader Malcolm Smith replaced Senator Parker, then chair, with Aubertine on May 11, 2009, after Parker's arrest on harassment charges. Aubertine supported an extension to the "Power for Jobs" state program. In November 2010, Aubertine lost re-election, and the Republicans garnered a majority. 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. Congressman Paul Tonko, Assemblyman Kevin Cahill, representing Upstate Ulster and Dutchess counties, and Thomas O'Mara are all past chairs. Former comptroller Andrew Hevesi, was formerly a chair of the Assembly Renewable Energy subcommittee. 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, the December Ice Storm power outages, and an annual report. 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 2007-2022 laws
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