Cap and Invest: 5 Key Climate Takeaways from Governor Hochul's State of the State

On Tuesday January 10, New York State Governor Kathy Hochul delivered her first State of the State address as the elected governor of New York. Hochul addressed many issues throughout the speech including public safety, housing, and health care, but made several bold proposals in regards to climate change, including an innovative cap and invest program.  Here are five key clean energy components she announced in her State of the State address: 

  1. A bold claim: Fossil fuels are the cause of high energy prices

Hochul argued that “weaning ourselves from fossil fuels” is the “the key to long-term sustainability – for our wallets and our planet.” We have already seen this connection between fossil fuels and high energy prices in winter electricity rates. In explaining its increase in rates, Con Edison, stated for example that “Disruptions in the global supply chain have driven up the already-high cost of natural gas.” Since New York State has phased out coal and nuclear energy, the State now relies on natural gas for 60% of its generating capacity

While we have known since the 1970s that dependence on fossil fuels can lead to skyrocketing prices, it is an important step for New York’s governor to frame renewable energy as an issue of affordability rather than simply an issue of the environment. Underscoring the link between fossil fuels and high prices opens the door to other policy solutions.

2. An interesting solution: New money for building retrofits

To address rising energy costs for low-income households, Governor Hochul proposed creating “EmPower Plus,” an expansion of the current EmPower New York Program that assesses and installs free energy efficiency solutions for 14,000 low-income New Yorkers per year. For households that electrify their homes through the program, Hochul proposed capping their electricity bills at 6% of their income. 

Such a cap would be the first in the nation and would ensure that low-income households benefit directly from home improvements. This could lead to New York’s aging building infrastructure to be upgraded at a faster rate, essential to meeting the State’s climate goals as buildings are its largest source of carbon emissions

3. An unprecedented ban: No more gas in new construction

To tackle these building emissions, Hochul proposes banning on-site fossil fuel combustion for all new construction by 2025 for smaller buildings and 2028 for larger buildings. This ban would be the first of its kind in the East Coast and would build off of similar efforts to ban gas hookups in New York City starting in 2027. Currently, New York relies heavily on gas for its heating needs, making decarbonization efforts more complicated for the State than for its warmer Western counterparts such as California that has a similar ban. 

Nevertheless the proposed ban, if enacted, would have huge implications for new construction in New York, including the 800,000 houses the Governor is proposing to construct over the next decade. 

4. A massive new program: Cap and Invest

While the proposed ban on fossil fuels in new construction would address future emissions, the Governor also announced a Cap and Invest Program that would tackle current emissions. The Program, recommended by the New York State Climate Action Council’s Scoping Plan, would require companies to purchase pollution permits. The number of permits available would reduce each year in accordance with the State’s climate goals to reduce emissions by 40 percent by 2030.

Revenue from the sale of permits would be invested in four main areas: payments to everyday New Yorkers, investment in green job creation programs, investment in disadvantaged communities, and support for transition costs for businesses and consumers. 

As the cost of pollution continues to increase from the reduction of permits, businesses and consumers would increasingly be inclined to transition to greener alternatives such as renewable energy and electric heat pumps. Since much of New York’s climate pollution comes from its reliance on fossil fuels for energy, however, the program could lead to a rise in energy prices. 

5. Money for all New Yorkers? : The Climate Action Rebate

To address the potential rise in energy prices from the Cap and Invest Program, Hochul proposes creating a universal Climate Action Rebate. This rebate would be distributed to all New Yorkers. Canada has already implemented a similar carbon pricing scheme that distributes the revenues of the carbon tax to Canadians in the form of quarterly payments of a few hundred dollars. Such a distribution plan would be beneficial in building support for the program as New Yorkers would see the direct benefits of the law on their bank statements. 

New York Leading the Way on Climate

All of these programs put significant resources into achieving New York’s climate ambitions. The retrofits from the EmPower Plus Program is funded by an additional $200 million in State Support. The Cap and Invest Program is set to be the most rigorous in the country, reducing the State’s emissions by 40% by 2030. The Climate Action Rebate Program will put more than $1 billion in the pockets of everyday New Yorkers. For the first time, climate action will have a concrete impact in the lives of every day New Yorkers in the energy they use, the buildings they live in, and the money they receive each month.

Three Reasons to Subscribe to a New Jersey Community Solar Project

Community Solar offers an unprecedented opportunity for New Jersey residents to save on their electric bills. Until this year, solar was only available to property owners with a good roof. Now, community solar is a way to reap the benefits of solar energy without dealing with any construction or fronting any of the cost. Let’s repeat: the solar project will NOT be installed on your roof – instead, through a subscription to an off-site solar project, you can save up to 10% on your electric bills!

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This may seem too good to be true, but community solar is the real deal – and it is highly regulated by the New Jersey Board of Public Utilities. Unlike the annoying guys and gals we’ve all seen in the supermarket, the savings, typically 10%, are clearly stated and guaranteed.

Here are three reasons why you should consider subscribing to a New Jersey community solar project:

1. You save 10% on your electric bills - guaranteed

Community solar guarantees that you save 10% on your electricity bills. It works like this: first, you subscribe to a community solar project in your local area. The solar developer will allocate solar panels to you and they will produce electricity that goes into your local grid system. Second, all of the electricity generated from your solar panels will be credited to your electric bill every month. And third, you pay your subscription to the solar company – 90% the normal cost of your electric bills – and save the remaining 10%!

Let’s suppose you’re normally paying $150/month for electricity. In a typical month, you will get a credit of $150 on your utility bills, such as the bill you may get from PSE&G. You then pay 90% of the credit – $135 – to the solar company. In turn, you keep the $15. This translates to $180 of savings each year – more than a month worth of electric costs, still in your pocket!


 2. You become part of a solution

The climate crisis is real and only getting worse. We have recently seen climate disasters ranging from Superstorm Sandy, the electric grid failure in Texas, and the extreme heat waves on the West Coast.  It can be overwhelming – where do I start, and what can I do?  We need to use less fossil fuel, which powers much of the Garden State. Community solar allows New Jersey to use clean energy, support grid resiliency, and create local jobs. Participating in community solar means you will be a part of a solution to our current energy and environmental crisis, improving life for future generations. 

 

Hoboken after Superstorm Sandy.  Photograph by Emile Wamsteker | Bloomberg via Getty

 

3. You support your local community

Community solar projects are local projects. They are built within the community for the community. By joining a community solar project, you can also help local organizations raise funds. For every person a community organization helps us to sign up, we make a donation to that organization. It is a win-win scenario for everyone.

Jersey City: GVM019 - Greetings from by Victor Ving. Photo by Wally Gobetz courtesy of Creative Commons.

Jersey City: GVM019 - Greetings from by Victor Ving. Photo by Wally Gobetz courtesy of Creative Commons.

To sign up for a community solar project in Northern New Jersey check out our website here for a local project. If you’d like to discuss partnering with us contact us at info@crauderueff.com.

Self-financed Solar vs. Third-Party Financed Community Solar

Regulatory Context

With the nascent Local Laws 94 and 92, the sustainable rooftop laws, and Local Law 97, the building-based carbon cap, an immediate need has arisen for property owners to understand how to approach solar projects in New York City.  The following primer provides background on the situations in which a property owner may wish to self-finance a project, and how Community Solar can be a fruitful form of 3rd party finance and ownership.  Lessons can apply within and beyond New York City.

Solar Financing Structures

There are two general approaches to financing a solar on a building: a self-financed project vs. a third-party financed project, typically structured as community solar.  For self-financed projects the property owner needs to be able to efficiently utilize available incentives, including the Federal Solar Investment Tax Credit, or ITC (an income tax credit of 26%), and accelerated depreciation (up to 100% bonus depreciation in Y1).  Additional incentives to consider are the NYSERDA NY-Sun grant (a minimum of $0.40/ watt, or around 15-20% of project costs in ConEd territory), and the NYC Property Tax Abatement (20% of project costs for eligible properties).  These incentives diminish or disappear over time.  For example, the ITC reduces to 22% in 2021 and 10% thereafter for commercial projects, and the Property Tax Abatement is set to sunset after this year.  With a self-financed project, the owner reaps all of the economic benefits of the solar project, and is also responsible for all operations and maintenance costs.

 

3rd party Financed Community Solar

Third-party financed projects are sensible where a property owner cannot take advantage of the tax credit structure, or does not have or wish to spend the cash on a project.  With Community Solar, a third party finances and owns the project, while the property owner benefits from a lease payment and discount on electric bills.  Community solar projects have the added benefit of sharing a portion of the energy cost savings with residential tenants or other owners of smaller electric accounts. 

Community Solar projects are connected in front of the meter, though all coordination with utilities is handled by the third party.  There is no cost to the property owner for the financing, construction or operations & maintenance, or insurance for these projects.

Conclusion

While in some instances it may be self-evident whether a property owner should self-finance a project (for example, property owners who cannot utilize tax credits), in other cases a property owner may wish to compare the benefits of the two strategies. The good news is there are many ways to meet regulatory requirements and generate returns using solar today.

Leverage Four Disappearing Solar Incentives in 2020

For-profit property owners can cover a large share of a solar electric system’s cost through incentives.  As incentives covering as much as 75% of a system’s cost will reduce or disappear soon, the economic returns of a solar project can be maximized by moving forwards in 2020.  Here are four ways to leverage disappearing solar incentives:

1.  Lock in the Federal Solar Investment Tax Credit (ITC)

Incentive: The ITC covers 26% of the overall solar PV system cost.  The ITC flows through to personal income taxes, so property owners can directly benefit by building solar on their properties. 

Disappearing Act:  For commercial properties, the incentive diminishes to 22% of system cost in 2021 and 10% in 2022.

How to leverage:  A property owner can capture the solar tax credit by completing the project in 2020.  Alternatively, s/he may ‘safe harbor’ tax credit value by placing a 5% deposit on materials by December 31, 2020.  The tax credits will be applied to the 2020 tax returns, assuming the project is placed in service this year.  Should the project be completed after 2020, the tax credit will be applied against the tax year in which the project is placed in service.

Image source: https://www.seia.org/initiatives/solar-investment-tax-credit-itc

Image source: https://www.seia.org/initiatives/solar-investment-tax-credit-itc

2.  Capture the Expiring NYC Property Tax Abatement

Incentive: New York City has a solar property tax abatement covering 20% of the project cost, minus any grants contributed to the project.

Disappearing Act: The tax abatement expires March 15, 2021. 

How to leverage:  A property owner needs to close out all electrical and building department permits to submit an application to NYC DOB for the property tax abatement. By completing a project’s construction by year-end 2020, sufficient time is allowed to apply to DOB for the tax abatement.

3.  Get a (nearly) free solar system with your new roof

Incentive: New roof layers can qualify for the ITC so long as they are a functional component of the solar PV system.   Moreover, the cost of a roof replacement is eligible for the NYC Property Tax Abatement, further reducing the net cost of your new roof. In addition to the ITC and PTA, the solar PV system, as well as critical roofing components, can be fully depreciated immediately. 

Disappearing act:  The roofing benefits are only as good as the solar ITC and PTA  – so they diminishing after 2020!

How to leverage: Fold solar into your most pressing roof replacement jobs.  Also consider adding a new layer to roofs where the useful life is under five years, to cover much of the project costs through solar incentives.  Be sure the roofing costs qualify under the solar tax credit, which has certain standards that must be met, by working with solar and tax credit professionals.

4.  Monetize the NY State NY-sun solar grant

Incentive:  The New York State Research and Development Authority (NYSERDA) provides a grant to off-set the cost of solar, through its NY-Sun program.  For example, in New York City the grant covers appx. 30% of the cost of a typical project on multifamily housing.

Disappearing Act: The NY-Sun grant program is set up in tranches, which reduce after a certain amount of solar is built in zones across New York State.  In New York City, for example, the value of the incentive just reduced from .60/watt to .50/watt in the last month; the incentive has completely run out on Long Island.

How to leverage:  Moving forward in the first half of 2020 can help lock in the current value of the grant before it goes down further.