Associate Counsel or Senior Counsel, Codes and Products - New York City, NY or Albany, NY or Buffalo, NY

New York is leading the nation in the fight on global climate change and the transition to a clean energy-powered economy. With the passage of the Climate Leadership and Community Protection Act (Climate Act) , New York has codified the most aggressive climate change program in the nation with goals to reach zero carbon emissions in the electricity sector by 2040; install 9 gigawatts of offshore wind by 2035, 10 gigawatts of solar by 2030, and 6 gigawatts of energy storage by 2030. With the recent approval of the Climate Action Council’s final Scoping Plan, we have a strong framework to achieve an 85% reduction in GHG emissions from 1990 levels by 2050, and eventually net zero emissions economy-wide.

Attract the private sector capital investment needed to expand New York’s clean energy economy
Overcome barriers to using clean energy at a large-scale in New York
Enable New York’s communities and residents to benefit equitably from energy efficiency and renewable energy

Job Overview

NYSERDA is seeking a motivated, dynamic, and resourceful attorney in its Office of the General Counsel to provide legal support for its Codes, Products and Standards Team. In this role, the attorney will be exposed to a wide range of issues, state policy initiatives and regulatory processes. The ideal candidate should have experience in NYS Energy Code and/or Uniform Code; regulatory matters related to New York State including relevant SAPA experience; and be committed to NYSERDA’s mission and helping the organization continually improve and execute its work. The attorney should be a self-starter who acts independently, directs one’s own work and can handle diverse tasks quickly and accurately within a high-pressure environment.

NYSERDA’s Codes, Products, and Standards team is responsible for the implementation of the Advanced Building Codes, Appliance and Equipment Efficiency Standards Act of 2022 (Appliance Act). Product and appliance standards are a key strategy for realizing the carbon reduction goals established in the Climate Act. NYSERDA is currently coordinating with stakeholders to participate in the public comment process and comply with the State Administrative Procedure Act (SAPA) for various initiatives under the Appliance Act and is actively working on developing policy and evaluation frameworks for these initiatives.

NYSERDA’s Codes, Products, and Standard team is also responsible for working with the New York State Department of State (DOS) to develop the next version of the New York State Energy Conservation Construction Code (NYS Energy Code) and the Uniform Fire Prevention and Building Code (Uniform Code) in accordance with Energy Law, Executive Law, Climate Act, and the 2022 State of the State building decarbonization goals. Over the next two years, NYSERDA expects to support the development and state-adoption of the 2024 International Building and Energy Codes, with state amendments proposed by DOS, the State Fire Prevention and Building Code Council (Code Council), NYSERDA, and other interested parties. Proposed amendments may be significant in number and scope to both the NYS Energy Code and Uniform Code, addressing topics such as building efficiency, electrification, on-site generation, resiliency, grid-interactivity, electric vehicle charging, low-GDP refrigerants, and energy storage.

This role is a dynamic position utilizing the attorney’s knowledge and experience to both advise clients and to propose and execute upon creative strategies in line with the policy goals of NYSERDA and the State of New York.

Primary Responsibilities

Analyze legal and regulatory issues arising with respect to zero emissions construction, Energy and Uniform Code advancement, appliance standards, building performance standards, local adoption of more restrictive local standards for Energy and Uniform code updates, and appliance emission standards, including monitoring all Code Council meetings, and working closely with DOS on implementing said matters.
Draft and review required SAPA filings including all steps necessary to publish in the State Register including required SEQRA documentation, reviewing responses to public comments and assisting with potential public hearings.
Assist NYSERDA staff in reviewing and editing proposals to advance energy and uniform codes, as well as ensuring proper code administration, compliance, and enforcement in municipalities and with building professionals.
Assist on matters related to appliance efficiency and building codes relative to the Energy Policy and Conservation Act (EPCA) and issues of Federal preemption.
Assist on matters related to benchmarking, energy grades, and building performance standards.
Draft, edit and coordinate contracts, solicitations, regulatory filings, memoranda of understanding, and other documents needed to implement the initiatives described above and advise and assist with respect to such matters.
Assist internal clients in developing, planning, and executing on Codes, Products and Standards initiatives, and work with outside counsel regarding same.
Assist and advise on any of the legal affairs of NYSERDA, including but not limited to compliance with federal and state environmental and energy law and regulations, and all other applicable state laws; interactions with federal, state, and private sector stakeholders, partners, regulators, and other interested parties; litigation involving the Authority.
Work closely with other attorneys in the Office of the General Counsel on a range of matters requiring wider coordination.
Drive projects forward by gathering and effectively organizing required information, communicating effectively and professionally with internal and external stakeholders, developing, and monitoring plans, and keeping track of responsibilities and commitments of the team members.
Appropriately handle confidential and sensitive matters.
Perform other responsibilities as assigned.

Minimum Qualifications

NYSERDA is targeting between approximately 3 to 5-years’ experience for Associate Counsel, at least 5 years for Associate Counsel II and between approximately 6 and 8-years’ experience for Senior Counsel, in each case as legal counsel in one or more of the following subject areas, with preference given to experience related to Uniform Building Code and/or Energy Code, SAPA compliance, and municipal and/or zoning law:

Uniform Building Code and/or Energy Code
SAPA compliance
Municipal law and/or zoning law
Renewable energy and energy efficiency regulatory, finance and legal affairs
Complex regulatory proceedings involving energy and environment related matters
Government contracting involving sophisticated technologies and energy-related initiatives

Demonstrated interest and expertise in energy or environmental law or energy and building codes at either the state or municipal level
An articulate & persuasive communicator, in both verbal and written form, who expresses ideas effectively and fluently and recognizes the importance of listening
Resourceful problem-solver focused on pragmatic and effective solutions to complex issues, maintaining focus on the big picture while paying attention to detail
Strong diplomatic and discretion skills to navigate sensitive projects and negotiations among both NYSERDA and inter-agency teams with varied interests
Possession of a deep appreciation for the inter-relationship of the needs and perspectives of internal and external stakeholders in supporting NYSERDA’s mission
Relentless work ethic and resolute integrity
Ability to handle highly sensitive matters with absolute integrity and discretion
Able to handle stressful situations with measured calmness and decisiveness
Doctor of Jurisprudence from an accredited college or university and admission to the bar of New York State

Salary

Candidates will be considered based on qualifications and experience. The Associate Counsel salary range is $85,712- $120,156; the Associate Counsel II range is $105,500 - $133,319; the Sr Counsel salary range is $116,686 – $147,256 and the Sr. Counsel II 129,566-$163,695. An excellent benefits package is offered.

Please submit one file for the Associate Counsel or Senior Counsel position, job# 791, that includes both your cover letter and resume.

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