NEW YORK DRAWS FOUR OFFSHORE WIND BIDS: NYSERDA’s fifth attempt to procure large-scale offshore wind projects has drawn proposals from four developers. The most experienced New York developer thus far — Ørsted — has proposed the 1,485 megawatt Long Island Wind project, which would be just 28 miles from Martha’s Vineyard and 43 miles from Montauk. It would be located near the poised-for-construction Sunrise Wind project, which also has a New York contract and connects to the grid on Long Island, according to public documents released by NYSERDA this week. The targeted final commercial operation is 2033. The three developers that had secured tentative awards in a previous solicitation but did not finalize agreements after plans for a new GE turbine fell apart are also participating. Community Offshore Wind is again proposing a project, although few details were provided about the joint National Grid Ventures and RWE project. The project would be fully operational in 2033. The company got a tentative award, which was never finalized, for a 1,314-megawatt project connecting to the grid at Con Edison’s Brooklyn clean energy hub. Attentive Energy, backed by TotalEnergies, Rise Light and Power and Corio Generation, also made a proposal for a project that would be complete in 2033. Attentive Energy One would provide 1,275 megawatts of power and plug into the grid at a Con Edison substation. The bid emphasizes an opportunity to repurpose the site of the Ravenswood generating station, long a priority of local advocates and community leaders. Vineyard Offshore, with backing from Copenhagen Infrastructure Partners, is again proposing a project called Excelsior Wind. The 1,350-megawatt project would utilize HVAC transmission lines and connect to the grid on Long Island either at Uniondale or a new substation in Melville. The project’s transmission line would make landfall at the Jones Beach State Park, according to the document. Its estimated full commercial operation date is 2031. None of the proposals are expected to be completed by 2030 — highlighting the challenges the state faces to hit its 70 percent renewable goal. Developers will get feedback from NYSERDA about proposed economic benefits, interconnection costs and inflation adjustments by Sept. 26. “I’m really impressed by the scale of the response,” said NYSERDA President and CEO Doreen Harris. “Competition is the lynchpin of getting the best projects and the best prices.” The deadline for companies to submit price information is Oct. 18. NYSERDA expects to notify developers of awards on Nov. 8, but won’t make any information public until agreements are finalized. — Marie J. French PROGRESS MADE: A portion of the Port of Coeymans has been transformed over the past two years, with offshore wind components manufactured by Riggs Distler for the Sunrise Wind project lined up to be shipped down the Hudson River. The “advanced foundation components” will collar the towers about 60 feet above the water, providing access to the interior for workers. NYSERDA President and CEO Doreen Harris toured the site on Thursday along with Ørsted officials, contractors and industry boosters to mark the halfway mark of work there. Harris expressed excitement at the evidence of steel work being done across New York for the project — noting she’d seen the parts for anode cages, which will help prevent corrosion of the offshore wind towers, in Wellsville. “This is New York’s offshore wind supply chain at work,” she said ahead of the tour. — Marie J. French BIRD FEEDER REGULATIONS: A New Jersey Assembly committee cleared a surprisingly contentious bill Thursday that could result in $1,000 fines for people with bird feeders if bears eat from them. The bill, as drafted, lists what bird feeder owners must do to avoid being fined for feeding bears, including making sure the feeder is “suspended on a cable or other device at least 10 feet above the ground,” has an area beneath it “kept free from bird food” and is “emptied or brought indoors every night.” Such language is meant to replace current law against bear feeding that exempts people from punishment for "unintentional feeding.” The bill cleared the Assembly Commerce, Economic Development and Agriculture along party lines. Assemblymember Brian Bergen, a Morris County Republican, called the bill “lunacy,” saying it includes language that could penalize people with gardens. Democrats who supported the bill said it was meant to help reduce bear-human interactions but acknowledged it may need amendments in other committees. — Ry Rivard BILL ACTIONS — Gov. Phil Murphy signed a bill that requires private bus companies to provide notice and hold public hearings for changes to their operation of fixed route bus service. The new law is a response to private companies canceling bus routes and leaving NJ Transit holding the bag. “Requiring advance notice for bus service changes will help commuters plan ahead, give NJ Transit an appropriate amount of time to make alternative arrangements, and will hold private bus companies accountable,” Senate Majority Leader Teresa Ruiz, who sponsored the bill, said in a statement. — Murphy also signed a bill to increase regulations and testing to prevent Legionnaires’ — The governor conditionally vetoed a bill to provide mortgage payment relief and foreclosure protection for certain homeowners affected by the remnants of Hurricane Ida. Sen. Troy Singleton aid he was “greatly disappointed and frankly surprised” by some of Murphy’s concerns. HARD TO UNPAUSE — A new report from New York State Comptroller Thomas DiNapoli makes clear Gov. Kathy Hochul can’t easily end her pause on congestion pricing by rolling out new low tolls. If Hochul unveiled a plan to help the MTA that includes tolls significantly lower than the $15 charges she nixed in June, the Legislature would need to get involved. “There have been suggestions that a reduced toll within the range of tolls included in the federal environmental review and ultimately approved by the federal government may be implemented,” DiNapoli’s report, released Thursday morning, said. ”However, to do this, the State would have to change the law to take in less revenue than statutorily required or identify another source to close the $15 billion funding gap in the prior plan." The $15 billion is the state’s share of the MTA’s $55 billion 2020-24 capital plan. Changing the 2019 law that created the tolls would mean putting lawmakers in the position of voting – again – for a toll increase. She could also face problems in Washington. The MTA received federal environmental approval for congestion pricing from the Biden administration after officials spent years studying $9 to $23 tolls for passenger vehicles. That environmental study has already been at the center of a maelstrom of litigation, some of which is still pending. If Hochul wanted to introduce a less burdensome toll — $1, for example — DiNapoli’s office warned that “the federal government also could remove approvals of adjustments to a new tolling plan, based on its impact on traffic patterns and environmental qualities such as air pollution, creating additional uncertainty.” If Donald Trump is in the White House, that would mean congestion pricing is basically dead. If Kamala Harris won, her administration would still have to overcome opposition from New York Republicans and New Jersey Democrats who have tried to kill congestion pricing and fend off inevitable lawsuits from tolling foes. Since Hochul torpedoed congestion pricing, the MTA is already $15 billion short, forcing the agency to delay repairs, accessibility upgrades and plans to replace old buses and subway cars. Plus, the headaches are about to grow: The MTA is required to submit a new five-year capital plan by Oct. 1 with needs ranging from $58 billion to $92 billion. That might require between $8.8 billion to $29 billion more from the state. The report also explores tax increases and other funding sources. “The choices that the MTA and the state make in the coming months will determine the future of the transportation system for years to come,” DiNapoli said in a statement. “Understanding the options and what’s at stake is key for all stakeholders and riders in particular.” — Ry Rivard WETLAND REGULATIONS FACE PUSHBACK — POLITICO’s Marie J. French: Housing developers in New York State are warning that more robust wetlands protections set to take effect next year could unintentionally promote sprawl. They say new restrictions on developing near wetlands in urban areas could prevent building near existing infrastructure and push builders to look at more rural, less developed locales. That will make it harder for the state to create new housing, a major priority for Gov. Kathy Hochul and lawmakers, they warned. “It's a really frightening situation we're being thrust in,” said Dan Bargabos, president of Heritage Homes, who builds houses in the Syracuse area. “We have to be respectful of density, trying to use less property to house more people… [This] urban classification has thrown everything way out of balance. So density is going to decrease.” The Department of Environmental Conservation is finalizing regulations that are required by state law and expected to extend state protections to 1 million acres of wetlands. The DEC will have new jurisdiction, imposing a 100-foot buffer around these wetlands — whereas current federal requirements are less stringent. Environmental advocates and the law’s supporters are eager to see the new protections codified after a years-long fight over them. Former Assemblymember Steve Englebright, who chaired that body’s Environmental Conservation Committee and pushed for the protections in the 2022 state budget, said the inclusion of urban wetlands was a key priority. “It's not casual, you know, or accidental,” he said. “These aren't just annoyances, they are important for protecting the wildlife that too often is completely smothered in urban settings.” ROUGH WINTER, PIPELINE OWNER WARNS — POLITICO’s Ry Rivard: Weeks after a federal court threw out regulatory approval for a natural gas pipeline expansion, the project’s developer is warning of a “catastrophic” winter of gas shortages and price spikes in the Northeast, unless the Federal Energy Regulatory Commission gives it temporary permission to keep the pipeline running. Regional Energy Access operator Transco, a subsidiary of Williams, argues that the expanded pipeline is already in service and a court-ordered shutdown could imperil customers counting on gas this winter from a pipeline that can now carry enough gas to heat more than 10 million homes. “The facilities’ removal from service would have devastating consequences for consumers along the Eastern seaboard of the United States this winter, with particularly severe repercussions in New Jersey, New York, Pennsylvania, Maryland, and Delaware,” Transco said in a FERC filing dated Sept. 6. In the filing, the company warned of “dramatic energy shortages” and “escalated energy costs.” In July, the D.C. Circuit Court of Appeals sided with New Jersey officials and environmentalists that argued the expansion project would make the state’s climate change goals impossible to meet. Environmental groups opposed to the pipeline expansion did not have immediate comment. Williams said it wants a FERC order as soon as possible but no later than Sept. 20 for legal reasons having to do with court deadlines. The New Jersey Board of Public Utilities is studying the impacts of a summer court ruling on winter gas supplies. Ballpark numbers show 20 to 25 percent of the peak capacity of wholesale natural gas into the state of New Jersey is carried by the line and it’s unclear how that could be managed or replaced. In the long term, it is unclear if the pipeline could be kept in operation at a reduced, pre-expansion level to comply with the spirit of the court order even if some of the expansion infrastructure remains in place. Moneen Nasmith, senior attorney at Earthjustice, which sued over the pipeline expansion, said in a statement that Williams’ request of FERC “seeks to do an end-run around the D.C. Circuit's holding that the company has failed to show that there is any need for additional capacity.” “The company has not provided any evidence to address those deficiencies or show that an emergency certificate covering additional capacity is necessary,” she said. :We look forward to briefing FERC and reiterating the Court’s findings.” — Ry Rivard ENERGY PLAN KICKS OFF: Gov. Kathy Hochul’s administration kicked off a statutorily required energy planning process that will examine options for achieving the state’s emissions reduction targets while emphasizing affordability for consumers. The 2025 State Energy Plan will focus on the state’s energy systems over the next 15 years. NYSERDA released a draft scope for the plan on Monday, outlining a range of topics that will be covered. “I will forewarn my board colleagues, we at NYSERDA are very passionate when it comes to our energy planning work,” said NYSERDA president and CEO Doreen Harris at the meeting. “I wouldn't call us geeks, but we are passionate.” The plan seems poised to rehash a lot of ground covered in the state’s Climate Action Council process that concluded almost two years ago, which called for a host of regulatory and legislative changes that have yet to be taken up. The plan could provide a forum to answer some thorny questions about the potential role of renewable natural gas and hydrogen in the gas system, the role of nuclear energy and the potential for a low-carbon fuel standard for transportation. The draft scope also calls for the planning board to consider “legislative and regulatory actions to effectuate the strategic downsizing of the gas system, to address the financial challenges of transition in part through reforming the business model of gas utilities (local distribution companies), and to adopt market-based emissions reduction mechanisms.” The Public Service Commission is working on more long-term plans for gas utilities. PSC Chair Rory Christian, who is on the State Energy Plan board, said that work would feed into the state plan. “I imagine the two working hand in hand,” he said. “The commission currently has many dockets that could feed into the plan in one way or another.” Christian said he views the plan as a “unifying agent” to bring together the work of many state agencies on energy. Hochul appointed John King, the chancellor of the State University of New York system, to the board. Senate Majority Leader Andrea Stewart-Cousins appointed Con Edison executive William Suggs and the Assembly appointee is Assemblymember Didi Barrett, the chair of the Energy Committee. “It’s really important that the voice of the Legislature is represented here,” Barrett said. “There’s a lot of issues — how we reach our goals, how we pay for them — that we’ve been talking about for a long time, and having a formal process like this be part of is important.” She said she’s interested in what the public comments highlight as top issues for the plan to tackle. Harris said the plan would build on the work of the Climate Action Council and draw from ongoing work on the proposed “cap and invest” program, a review of progress toward the 70 percent renewable target and other work. Comments on the scope are due by Nov. 25. A draft plan is targeted for next summer. — Marie J. French CLEAN ENERGY CRITICS FOR GOTTHEIMER — POLITICO’s Daniel Han: New Jersey’s operating engineers union will back Rep. Josh Gottheimer in the Democratic primary for governor should he run, a union official said in an interview with POLITICO. The support comes as Gottheimer — an unabashedly centrist Congressmember — is viewed as an all-but-declared candidate for the 2025 governor’s race. Greg Lalevee, business manager for the Operating Engineers Local 825, cited Gottheimer’s support for the 2021 bipartisan infrastructure bill and moderate politics as reasons for earning the union’s support. “He certainly should run in the Democratic primary,” Lalevee said. “His centrist ways and what-not have produced results in Washington. And I think [it] would produce results here.” Operating Engineers Local 825 is viewed as among the state’s most influential unions and has backed both Democrats and Republicans. It is a major critic of Gov. Phil Murphy's clean energy master plan and skeptic of offshore wind.
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