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The Demise of NYSEO
The New York State Energy Office (NYSEO) quietly
closed its doors in March, after many years of performing research, funding
energy improvements, developing major code initiatives, and publishing
useful technical manuals on energy efficiency. The closure, with virtually
no fanfare, surprised even the agency's toughest critics.
Republican Governor George Pataki of New York
had wasted no time in stating his understanding of the state's electorate
in his inaugural speech: "The people believe that government has become
too big, too unwieldy, too distant, and too arrogant, that every day government
seems to grow not to benefit the taxpayers or the people but the bureaucrats,
officeholders, and special interests."
Within days, the rumors were confirmed to employees
of NYSEO, and Pataki announced his intention to close the office. This
was just one result of Pataki's victory over former governor Mario Cuomo,
who brought NYSEO to both its zenith and its most bureaucratic gridlock;
indeed, many who had praised the work of NYSEO during its tenure raised
nary a whimper at its demise. Paraphrasing Pataki, many felt that the agency
was benefitting only the bureaucrats and had no constituency.
NYSEO was an active group in its early years,
but as the office and the staff aged, they became complacent and bureaucratic.
Applications for energy-related projects, even for U.S. Department of Energy-sponsored
programs such as the Schools and Hospitals program, were voluminous and
took hours to complete. Many applications were not submitted for perfectly
reasonable energy-efficiency projects because the application procedure
was so complex. And the ultimate display of bureaucratic complexity took
shape: a cottage industry of consultants cropped up across the state whose
area of expertise was processing NYSEO applications. Programs which were
designated for the masses, such as their Energy Investment Loan Program
(EILP) for multiple dwellings, contained loopholes that only experienced
consultants knew. For example, three separate equations were used for proper
sizing of a replacement boiler, with resultant answers for the same building
varying by a factor of four. This type of problem continued to fuel the
belief that NYSEO's heart was not in its job.
In NYSEO's greatest undertakings were also found
its greatest flaws. It was required by law to publish an annual State Energy
Plan. The most recent three-volume, 1,100 page journal is a painstakingly
detailed document examining energy use by sector, but not by geographical
region. This omission weakened still further NYSEO's ability to gain a
local constituency. Further, NYSEO's State Energy Conservation Construction
Code, assailed by those in the conservation industry as too lenient, could
not be strongly enforced because it had no teeth, and most practitioners
in the field witnessed little adherence to its provisions.
The effects of closing NYSEO may not be noticed
for years. Clearly, there were top-notch energy professionals with years
of experience at NYSEO. When the end was near, NYSEO civil service employees
requested comparability of titles, or equivalent state positions. Under
this system, permanent employees may take positions currently held by provisional
employees. In many agencies, however, provisionals are employees whose
job doesn't fit a certain title, but who work in a new or specifically
technical area in which few people are qualified. At New York's Public
Service Commission this meant that 12 provisionals, most of whom worked
in demand-side management, were required to vacate their positions by the
end of May. But with a hiring freeze in place, it was still not clear that
NYSEO staff would actually fill those positions.
As one insider put it, "The loss of NYSEO
should be a lesson to all government programs, energy-related or not. You
must constantly improve, reinvent yourself, update your network of support,
and seek to prove your detractors wrong; the minute you feel that your
role is irreplaceable is the minute you'll be replaced."
F.L. Andrew Padian is director
of energy audit
services for the New York City Weatherization
Coalition and is also a private building consultant.
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