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R Scott R. Kurkoski Levene Gouldin & Thompson, LLP Binghamton, NY ---PAGE BREAK--- Governor’s 2015 State Energy Plan 50 percent of all electricity used in New York State by 2030 should be generated from renewable energy sources. ---PAGE BREAK--- Reforming the Energy Vision 40% reduction in greenhouse gas emissions from 1990 levels 50% of New York’s electricity to be generated from renewable sources ○50 by 30 23% reduction in energy consumption of buildings from 2012 levels Create 2.4 gigawatts of offshore wind ---PAGE BREAK--- NY’s Clean Energy Standard August 2016 PSC approved a new "clean energy standard'‘ boosting renewable energy cut carbon emissions ---PAGE BREAK--- Indian Point Nuclear Power Plant Gov. Cuomo has announced that the aging Indian Point nuclear power plant is slated to close by April 2021. AP/Julie Jacobson http://www.klove.com/news/2017/01/06/agi ng-new-york-nuclear-plant-to-close/ ---PAGE BREAK--- This year, residential customers will start paying an extra $1.50 to $3 a month as utility companies collect a state- mandated surcharge to keep three Upstate nuclear plants running. The money goes to the Nine Mile Point, FitzPatrick and Ginna nuclear plants in return for producing low-carbon power. billion in subsidies on nuclear plants over12-years. ---PAGE BREAK--- Environmental Progress, a California Research and Nuclear Policy Group Indian point produces: 4 times more power than all of New York's wind, and 236 times more power than all of NY’s solar ---PAGE BREAK--- Indian Point 2045 MW Existing Wind Farms 1,010 MW Plant Location Output (MW) Altona Wind Farm Clinton County 97.5 Bliss Wyoming County 100.5 Chateaugay Wind Farm Franklin County 109.5 Clinton Wind Farm Clinton County 100.5 Ellenburg Wind Farm Franklin County 81 Fenner Wind Farm Madison County 30 Madison Wind Farm Madison County 11 Dutch Hill/Cohocton Wind Farm Steuben County 125 Maple Ridge Wind Farm Lewis County 320 Steel Winds Erie County 35 ---PAGE BREAK--- NYISO – 1000 Miles of New Transmission Lines New York Independent System Operator estimates that NY will require nearly 1,000 miles of new bulk power transmission to support the amount of solar panels and wind turbines needed to achieve the goals of the Clean Energy Standard. http://www.timesunion.com/tuplus-business/article/ ---PAGE BREAK--- Natural Gas Despite the increase in renewables, in 2016 gas-fired electricity generation in New York increased by nearly 8 percent U.S. Energy Information Administration ---PAGE BREAK--- 80 K 60 K 40 K 20 K 2002 2004 2006 2008 2010 2012 2014 2016 82,183 Cumulative wind power capacity in the United States, in megawatts Source: American Wind Energy Association ---PAGE BREAK--- Wind power surpassed hydroelectric dams as the largest source of renewable energy in 2016 with more than 8,700 megawatts of new capacity online that year. US Energy Information Association ---PAGE BREAK--- http://www.associatedrenewable.com/conte nt/wind-energy-new-york ---PAGE BREAK--- Pending Wind Projects Bluestone Wind 125-MW 40 turbines Broome County Cassadaga Wind 126-MW 58 turbines Chautauqua County Heritage Wind 200.1-MW Orleans County Three Wind 105.8-MW 50 turbines Lewis County Ball Hill Wind 100.5-MW 29 turbines Chautauqua County Eight Point Wind 32 turbines 102-MW Steuben County Arkwright Summit 78.4-MW 36 turbines Chautauqua County Mad River Wind 350- MW 125 turbines Jefferson, Lewis and Oswego counties ---PAGE BREAK--- Nation's Largest Offshore Wind Farm Will Be Built Off Long Island http://www.realclearenergy.org/2017/01/26/ nation039s_largest_offshore_wind_farm_w ill_be_built_off_long_island_281312.html ---PAGE BREAK--- 256-square-miles between the eastern tip of Long Island and Martha’s Vineyard. 600 foot turbines connected to a substation in East Hampton by a 50-mile undersea cable Produce 90 MW environment/long-island-power-authority-offshore- wind.html?ref=energy-environment ---PAGE BREAK--- It will have 15 turbines capable of powering 50,000 average homes. Deepwater has plans for a 256- square-mile parcel, with room for as many as 200 turbines. NY’s Offshore wind goal is 2,400 MW by 2030 ---PAGE BREAK--- alternativeenergysolutions.info ---PAGE BREAK--- http://www.mlive.com/business/west- michigan/index.ssf/2011/12/mason_county s_lake_winds_energ.html ---PAGE BREAK--- watch.org/documents/tetratechdelaney- construction-photos/ ---PAGE BREAK--- ens-looks-toward-next-generation-10-20- mw-wind-turbines/ ---PAGE BREAK--- Howard Wind Farm 2.05 MW ---PAGE BREAK--- PSC Article 10 Projects Over 25 MW A multi-agency Siting Board is charged with streamlining the permitting process: Siting Visual & Noise Wildlife Impact Development Stages County / township zoning Safety with Power Grid Property Tax Decommissioning & Financial Security ---PAGE BREAK--- Article 10 Participants Wind Developer State Government Local Government Federal Agencies Community Groups & Activists Environmental Organizations &Activists Landowners General Public ---PAGE BREAK--- Generation Siting – DPS Website ---PAGE BREAK--- Key Phases of Lease Development Phase Site selection- will I get a turbine? Construction Operations Re-powering Decommissioning ---PAGE BREAK--- Compensation Signing Bonus Development Phase – per acre Turbines Minimum Annual Rent - per turbine or MW of Gross Revenues – Not really gross Adjusted by CPI Easements - one time or annual Roads Collection and Distribution Lines Transmission Lines ---PAGE BREAK--- Compensation Construction Impact Payments Substation Met (Meteorological) Tower Timber Good Neighbor Agreement Construction Staging Area Audit Rights ---PAGE BREAK--- Land Impacted by Turbine & Easements 500’ turbine radius = 18 acres Easements Wide access roads and construction zones Lay down areas Set backs 1000 – 2000 feet ---PAGE BREAK--- Exclusive Use Zones Non-Exclusive Uses Mutual consent on locations Protection of Oil, Gas Mineral Rights & Pipelines Timber Bluestone ---PAGE BREAK--- Negotiate Terms ●Compensation ●Setbacks ●Easements ●Roads ●Collection and Distribution Lines - underground ●Transmission lines ●Property Taxes & Roll Back Penalties ●Separate Assessment ---PAGE BREAK--- ● Insurance - 5-10 Million? ● Not covered by homeowners insurance ● Indemnification ● Mortgage Restrictions ● Substation ● Met Towers ● Battery Storage Financial Security – Removal Bonds Decommissioning Plan ---PAGE BREAK--- Financial Assurance The Applicant will post and maintain financial assurance in the amount of the net decommissioning costs. After the first year of operation, an independent and registered engineer, licensed to practice engineering in the state of New York, will estimate both the total cost of decommissioning and the net decommissioning costs. The net decommissioning costs is the total cost of decommissioning less the salvage value of the equipment and/or re-sale value. This per-turbine estimate (the net decommissioning costs divided by the total number of turbines) will be submitted for DPS Staff and for Town review before construction, after one year of Facility operation and every fifth year thereafter. If the total cost of decommissioning exceeds the salvage value of the equipment and/or re-sale value, the Applicant will post and maintain financial assurance in an amount equal to the net decommissioning cost within 2 months. Financial assurance may be in the form of a letter of credit, a bond, escrow account, a parent guarantee or other form as agreed to by the Towns and DPS Staff. When the Applicant posts the financial assurance, it will provide the Towns with clear instructions as to how they can access the financial assurance should the Applicant violate the provisions of this Decommissioning Plan. For example, if the financial assurance was in the form of a letter of credit, the Applicant would make the Towns a beneficiary of the letter of credit and provide instructions as to how they can access the funds in the letter of credit if needed. ---PAGE BREAK--- Financial Assurance – Guarantee Unacceptable by Itself Financial assurance may be in the form of a letter of credit, a bond, escrow account, a parent guarantee or other form as agreed to by the Towns and DPS Staff. When the Applicant posts the financial assurance, it will provide the Towns with clear instructions as to how they can access the financial assurance should the Applicant violate the provisions of this Decommissioning Plan. ---PAGE BREAK--- SunEdison Files Chapter 11 April 26, 2016 ---PAGE BREAK--- Other Agreements Access agreements Bird Study Agreements Met Tower Wind Study Agreements Lay down areas Good Neighbor Agreements ---PAGE BREAK--- Risks Noise ○Audible - constant, low, "swooshing" noise day and night ○infrasound and low-frequency noise, sound that is lower in frequency than 20 Hz or cycles per second, the "normal" limit of human hearing Shadow Flicker – motion sickness Ice Throw Catastrophic failure Bird Kills Property Values ---PAGE BREAK--- Federal Rule Permits Thousands of Eagle Deaths ticles/2016-05-04/apnewsbreak-new-rule- would-permit-thousands-of-eagle-deaths ---PAGE BREAK--- ---PAGE BREAK--- RPTL § 487-Exemption From Taxation Real property which includes a solar or wind energy system . . . shall be exempt from taxation to the extent of any increase in the value . . . for a period of fifteen years. Notwithstanding . . . a county, city, town or village may . . . provide that no exemption under this section shall be applicable within its jurisdiction. ---PAGE BREAK--- RPTL § 487 9. A county, city, town, village or school district, . . . that has not acted to remove the exemption . . . may require the owner of a property which includes a solar or wind energy system . . . to enter into a contract for payments in lieu of taxes. . . . If . . written notification to a taxing jurisdiction of its intent to construct such a system, then in order to require the owner or developer of such system to enter into a contract for payments in lieu of taxes, such taxing jurisdiction must notify such owner or developer of its intent to require a contract for payments in lieu of taxes within sixty days of receiving the written notification. ---PAGE BREAK--- RPTL § 487 The payment in lieu of a tax agreement shall not operate for a period of more than fifteen years . . . . ---PAGE BREAK--- Town Laws A LOCAL LAW OF THE TOWN OF SANFORD AMENDING LOCAL LAW 1992 ENTITLED “RENEWABLE ENERGY SYSTEMS” ---PAGE BREAK--- Town of Sanford Law RENEWABLE ENERGY SYSTEMS Completed State Environmental Quality Review Act (SEQRA) Full Environmental Assessment Form (EAF) and Broome County GML 239 referral form. Setbacks: All WECS shall be set back from adjacent Non-Participant property lines, right of ways, easements, public ways, power lines, and any pre-existing structures by a distance at least equal to its fall zone plus 25% of its fall zone. ---PAGE BREAK--- Town Law The level of noise during operation shall not exceed 50 (dBA) measured from the nearest Non-Participant residence. Decommissioning plan & bond of 110% of the costs reviewed by Town every 5 years ---PAGE BREAK--- Town Law - Solar 100 feet from non-participant residence Buffer for visual screening Decommissioning plan & bond of 110% of the costs reviewed by Town every 5 years ---PAGE BREAK--- Solar Guidebook for Local Governments Programs/Programs/NY-Sun/Communities/Local- Government-Training-and-Resources/Solar- Guidebook-for-Local-Governments NY Model Solar Energy Law – (No Removal Bond) ---PAGE BREAK--- ---PAGE BREAK--- NY-Sun Launched by Governor Cuomo in 2012 Helps promote and finance solar projects Part of NYSERDA Governor made a commitment of $1 billion to stimulate solar in NY in 2012 Goal to add more than 3 gigawatts (3000 megawatts) of installed solar capacity by 2023 - enough solar energy to power 400,000 homes. ---PAGE BREAK--- 2 Megawatt Farms 10- 20 acres Net metering allowed – sell excess energy back to the utility ---PAGE BREAK--- Solar City 2-5 MW - 20 Acres ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- Community-Shared Solar Trumansburg was NY’s first Renovous Solar Allows residents to purchase solar panels in an off-site array and receive credit for the power the array produces on their electric bills. Trumansburg is approximately a half a megawatt system ---PAGE BREAK--- Trumansburg, NY studies/community-solar-farms/ ---PAGE BREAK--- Utility Scale Solar Long Island Solar farm 164,000 solar panels over 60 acres, 32 megawatts Over 20 projects pending with 20 or more megawatts Many are 100 + acres ---PAGE BREAK--- http://www.renewableenergyworld.com/arti cles/2015/09/virginia-regulators-approve- 80-mw-amazon-solar-farm.html ---PAGE BREAK--- http://www.greenmatech.com/index.php/re newable-energy-group/solar-energy ---PAGE BREAK--- Cayuga Power Plant in Lansing Riesling Power, owner of the 300- megawatt Cayuga coal plant in the town of Lansing, announced plans to build a $25 million solar power facility on site. The solar farm would produce up to 18 megawatts on 75 acres. http://www.syracuse.com/news/index.ssf/2017/05/cny_coal_plant_owne r_to_build_one_of_new_yorks_largest_solar_farms.html ---PAGE BREAK--- r-farm-schematics ---PAGE BREAK--- Inverter Box - Direct Current (DC) of a Photovoltaic (PV) Solar Panel to Alternating Current (AC) ---PAGE BREAK--- Panels to Substation Collection Units and AC Delivered to Grid ---PAGE BREAK--- ---PAGE BREAK--- Solar Lease Issues Long term commitment - often 40 years. Affects property value, ability to sell in the future and ability to obtain a mortgage. Exposure for removal costs? A solar farm is a commercial activity and can affect some real property tax programs and exemptions. Not covered by homeowners insurance ---PAGE BREAK--- Current Property Uses Consider any of the following on the property: Any special uses, farming, tax abatement programs or government subsidy programs governed by the State of New York or the Federal government, to include by way of example and not limitation, the CRP, EQIP, AG Easement, CREP or 480-a forest tax program. Any structures, timber, crops or bluestone in the proposed solar array. ---PAGE BREAK--- Compensation Signing Bonus Due Diligence Payments Rent – typically fixed land rental Timber Payments ---PAGE BREAK--- Understand the Leased Area ---PAGE BREAK--- Lease Boundary Lines Will change after useable area determined. ---PAGE BREAK--- Phases of Lease Due Diligence Construction Commencement Rent Commencement End of Term Decommissioning ---PAGE BREAK--- Negotiate Compensation Easements – mutual consent Underground transmission lines Property Taxes & Roll Back Penalties Insurance – 1 million Indemnification Timber ---PAGE BREAK--- Vegetation Control – no chemicals Preservation of Oil, Gas & Minerals Decommissioning - remove everything above and below grade Real Property Taxes Separate Tax Assessment Eliminate ROFR ---PAGE BREAK--- THANK YOU