Posts by Thomas S. BerkmanPartner
On August 13, 2026, the New York Public Service Commission (PSC or Commission) opened Case 26-M-0525 implementing the Excelsior Power Program. Governor Kathy Hochul first proposed the program in her 2026 State of the State address, and the Legislature backed it with $33 million in the 2026–2027 Enacted State Budget. The program envisions a centralized, statewide demand-response platform that will consolidate existing residential Direct Load Control (DLC) programs for both summer and winter load relief. The Order directs the major gas and electric utilities to jointly develop and file a phased Implementation Plan and invites comments from all interested stakeholders.
Governor Kathy Hochul has signed Chapter 87 of the Laws of 2026, further refining New York's rechargeable battery recycling program. The new law amends the rechargeable battery stewardship legislation enacted in 2025 by clarifying existing requirements and expanding certain compliance obligations for manufacturers, retailers, distributors, and other businesses involved in the sale of rechargeable batteries and battery-powered products in New York.
On July 1, 2026, the New York State Department of Environmental Conservation ("NYSDEC") published proposed amendments to 6 NYCRR Parts 360 and 363 that would fundamentally change how landfill leachate is managed throughout the State. If adopted, the proposal would require municipal solid waste ("MSW") landfills and certain construction and demolition ("C&D") debris landfills to treat landfill leachate before it may be discharged to the environment.
On July 23, 2024, the New York State Energy Research and Development Authority (“NYSERDA”) released its much-anticipated Draft 2025 New York State Energy Plan.
Did you ever wonder if you will need pre-approval to transfer your real property after you’ve decommissioned your electric generating facility? If so, PSC has recently suggested that the answer might be “Yes.”
After holding a public comment period for over seven months and disseminating a “fact sheet” and slide deck detailing the proposed regulations, ORES recently published a letter stating they would be proceeding with a revised rulemaking pursuant to State Administrative Procedure Act (SAPA) § 202(4-a).