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MCLI Model Laws

Model legislation drafted for the Model Climate Laws Initiative, by policy topic.

88 model laws across 10 topics.

Power Sector 23 model laws

Congress

LPDD Model Law: Protected Avian Species Permitting

Electric infrastructure that is critical to achieving a net zero economy may impact federally protected avian species. To encourage construction of this infrastructure, project developers prefer certa...

Congress

LPDD Model Law: Amending CZMA to Facilitate Offshore Renewables Permitting

This model document proposes potential amendments to the Coastal Zone Management Act of 1972 to facilitate the permitting of offshore renewable energy facilities. The first part of the document provid...

States and State Governments

LPDD Model Law: Establishing an Environmental Advisory Board

This model law establishes a powerful platform for advocating equity and justice in historically marginalized communities. This model law addresses various environmental justice issues, by recognizing...

States and State Governments

LPDD Model Law: State Legislation to Promote Community Solar Facilities

This model legislation is intended to accelerate the development of community solar projects nationwide by providing a common-sense statutory framework that can be adopted by states that currently hav...

States and State Governments

LPDD Model Law: State Demand Charges Legislation

In many jurisdictions, the current rate structure for electrical service discourages the development of high-performing DC fast chargers for electric vehicles. Electricity bills in those jurisdictions...

Congress

LPDD Model Law: Authorizing Joint Reviews Under NEPA and ESA

Environmental review and permitting of electric infrastructure—including renewable power generation facilities, electric transmission and distribution infrastructure, and electric storage facilities—i...

Congress

LPDD Model Law: Evaluating Beneficial Impacts Under NEPA

Under current law, the potential benefits of projects necessary to achieve a decarbonized economy may not be fully disclosed in the NEPA process. NEPA is the process through which agencies consider th...

Congress

LPDD Model Law: Federal Fossil Fuels Leasing Reform Act

The U.S. Geological Survey determined in 2018 that fossil fuel production from the public lands and Outer Continental Shelf of the United States accounted for nearly 24 percent of U.S. contributions t...

States and State Governments

LPDD Model Law: State Legislation to Decarbonize the Generation of Electricity

This model state electric decarbonization statute is based on 2019 legislation enacted in Washington State, the Clean Energy Transformation Act (CETA), which commits that state to a retail electricity...

States and State Governments

LPDD Model Law: Achieving Regulatory Realignment of Public Utility Policies with Energy and Environmental Goals

One of the obstacles to achieving decarbonization in the electric power sector is that many of the laws and statutes that govern PUCs are antiquated. The absence of statutory requirements to consider ...

Congress

LPDD Model Law: Exempting Renewables on Brownfields from CERCLA Liability

This model legislation provides liability protections under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for wind and solar energy developers on contaminated site...

States and State Governments

LPDD Model Law: Eliminating As-Of-Right Status of Polluting Facilities in Environmental Justice Areas

This model law addresses the issue of grandfathered approval for existing polluting facilities, which can evade stringent regulatory standards and technological improvements, and are often located in ...

Congress

LPDD Model Law: CERCLA Liability Limitation for Renewable Energy and Carbon Capture

This model law would amend the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA” or “Superfund”), 42 U.S.C. § 9601-28, to limit liability for persons who own, operate, lea...

Congress

LPDD Model Law: Coal Fair Market Value Act

This model law amends the definition of “Fair Market Value” (FMV) under which the federal government may lease land for coal projects, forcing the winning bidder to account for more potential revenues...

States and State Governments

LPDD Model Law: Occupational Wage and Benefit Standards in Clean Energy Legislation

In order to promote the continued growth of the clean energy economy and ensure that this growth creates (a) secure, high quality jobs that promote equity and social well-being, (b) stable labor marke...

Congress

LPDD Model Law: Enhancing ESA Consultation and Permitting Procedures

The model law below would provide for conducting joint regional reviews of renewable energy projects under both the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA), in or...

States and State Governments

LPDD Model Law: Requiring Indirect Source Permits for New or Expanded Facilities Generating Significant Vehicular Traffic

This model law aims to address the pollution generated by new indirect sources, which attract increased vehicle traffic and mobile sources of pollution. While the pollution from these sources may not ...

States and State Governments

MCLI Model Law - Balcony or Plug-in Solar

Small-scale distributed solar-powered generation has a variety of benefits, including reduced greenhouse gas and other air pollutant emissions, increased electricity reliability, and decreased electri...

States and State Governments

LPDD Model Law: State Law Expediting the Siting of Utility-Scale Renewable Energy Generating Systems

This model state legislation aims to expedite and institutionalize uniform processes for siting facilities for generating, transporting and storing renewable energy. The model statute has two parallel...

States and State Governments

LPDD Model Law: Requiring Cumulative Impact Analysis to Renew Permit of Covered Facility in an Environmental Justice Area

This model law addresses the issue of multiple pollution sources and environmental stressors affecting communities. A single source of pollution can cause severe health consequences, and when combined...

Congress

LPDD Model Law: Proposed Revisions to the MBTA and BGEPA for Permitting Renewable Energy

This model law proposes language to give the Fish and Wildlife Service explicit authority to grant incidental take permits for renewables and transmission lines under the Migratory Bird Treaty Act and...

States and State Governments

LPDD Model Law: Identifying and Mitigating Cumulative Impacts in Environmental Justice Areas

This model law aims to curb the development of new polluting facilities in frontline communities where residents are disproportionately burdened by environmental harms and exposed to toxic pollutants ...

States and State Governments

LPDD Model Law: State Law to Simplify Permit Requirements for Distributed Solar

This model law is targeted at reducing the various “soft costs” associated with the installation of residential solar facilities, such as the expenses associated with obtaining permits, inspections, a...

Cross-Sector 14 model laws

States and State Governments

LPDD Model Law: Legislation Enabling Guaranteed Conservation Performance Contracting for Public Entities

Employing energy-efficiency retrofits can improve the energy-efficiency of existing buildings by approximately 30-50%. One model for financing and installing such retrofits is the guaranteed energy sa...

Congress

LPDD Model Law: Federal or State Carbon Labeling Act

Carbon footprint product labels could influence consumers to make environmentally friendly choices without substantial effort on their part, by providing more information than the consumer has at pres...

States and State Governments

LPDD Model Law: State Legislation Supporting Sustainable Management of Food Waste

The model law below addresses methods by which states can support the sustainable management of food waste. It targets individuals producing food residuals, and establishes state policies for the redu...

Congress

LPDD Model Law: Removal of Favorable Tax Treatment for Coal

The attached model bill and supporting memorandum propose amendments to the Internal Revenue Code to eliminate favorable treatment of coal mining and production, as recommended in Chapter 4 of the LPD...

States and State Governments

MCLI Model Law – Methane from Wastewater Treatment Facilities (WWTF)

Methane (CH4) is a potent greenhouse gas that is the second biggest contributor to climate change after carbon dioxide (CO2). One ton of CH4 emissions has the same global warming potential (GWP) as ap...

States and State Governments

LPDD Model Law: State Green Leases Legislation

Green leasing is an opportunity for owners and tenants to work together in going green. Specifically, a green lease outlines the way in which a building will be occupied, managed, and operated to achi...

States and State Governments

LPDD Memorandum on State “Public Utility” Definitions

This memorandum sets forth the statutory definitions of “public utility” currently in use in the 50 states and the District of Columbia. The document is designed to assist legislators and others as th...

Congress

LPDD Model Law: Federal Green Private Activity Bonds Act

Generally, public entities may only issue tax-exempt bonds for governmental purposes. The Internal Revenue Code specifies certain limited categories of tax-exempt bonds that may be issued for private ...

States and State Governments

LPDD Model Law: State Extended Producer Responsibility Legislation

This model state law addresses Extended Producer Responsibility for collection opportunities and recycling of packaging for all types of consumer products. Numerous states have developed EPR bills of ...

States and State Governments

LPDD Model Law: State Provision to Promote Local Employment in Decarbonization Policies

This Model Provision provides a regulatory framework to use decarbonization policy to promote local employment without resorting to protectionist measures that run afoul of international trade rules. ...

States and State Governments

LPDD Model Law: Green Commercial Lease Legislation

This model state legislation is intended to assist commercial landlords, tenants and other parties-in-interest in drafting green lease provisions that comply with state green building code requirement...

Local Governments

LPDD Model Resolution: Local Resolution in Support of a Circular Economy

A circular economy is an economic system that minimizes resource extraction and reduces resource use and waste by ensuring that all resources cycle indefinitely. In a circular economy, products and se...

States and State Governments

LPDD Model Law: State Law to Divert Food Waste from Landfills

This model state legislation lays out a framework by which states can divert food waste from landfills to eligible processing facilities (including industrial-scale composters) or onsite composters. T...

Local Governments

LPDD Model Law: Green Bank State and Local Legislation

Green banks are independent nonprofit, public, or quasi-public financial institutions that leverage public or philanthropic dollars – and government backing – to attract private capital to zero and lo...

Transportation 34 model laws

Congress

LPDD Model Law: Reduction of Arctic Shipping Emissions that Lead to Warming Act

As new shipping lanes emerge in the Arctic, concerns over the use of Heavy Fuel Oil (HFO) as a fuel source in Arctic waters compound — particularly insofar as HFO emissions cause local black carbon po...

States and State Governments

LPDD Model Law: State Tax Credits for EV Charging Stations

This model law would establish a credit against state income tax and further incentivize the development of EV charging infrastructure in the state. The model law provides for different levels of tax ...

Congress

LPDD Model Law: Federal Hydrogen Refueling Station Funding Act

The lack of infrastructure for out-of-state travel is a major impediment to the adoption of hydrogen fuel cell vehicles (HFCVs), and there is a need to increase the number of hydrogen fueling stations...

States and State Governments

MCLI Model Law - Tax Credits for Clean Freight Vehicles

For most states, the transportation sector is one of the largest sources of greenhouse gas and other air pollutant emissions. Heavy-duty freight trucks and delivery vehicles are a significant contribu...

States and State Governments

LPDD Model Law: State Demand Charges Legislation

In many jurisdictions, the current rate structure for electrical service discourages the development of high-performing DC fast chargers for electric vehicles. Electricity bills in those jurisdictions...

Congress

LPDD Model Law: Arctic Shipping Tax Act

Unfortunately, thinning polar sea ice presents a significant commercial opportunity for the international shipping industry, as the opening of new Arctic routes has the potential to dramatically short...

States and State Governments

LPDD Model Law: State Statute on HOV Lane Benefits

State governments can encourage the purchase of “super ultra-low emission vehicles” or “SULEVs” by allowing such SULEVs to use high occupancy vehicle or HOV lanes without regard to the number of passe...

States and State Governments

LPDD Model Law: Electric Bike Rebates

Since E Bikes are orders of magnitude less expensive than other types of AFVs, government subsidies aimed at increasing E Bike mode share could achieve GHG reductions at a relatively modest cost. More...

States and State Governments

LPDD Model Law: State Statute Providing Rebates for Electric Vehicles

The LPDD team drafted the attached model state statute offering rebates for purchases of battery electric vehicles (“BEVs”) and plug-in hybrid electric vehicles (“PHEVs”) (collectively “EVs”) with a m...

States and State Governments

LPDD Model Law: State Income Tax Credit Legislation For Purchasing New AFVs

This proposed state income tax credit legislation is designed to create economic incentives for the purchase or lease of Alternative Fuel Vehicles. The proposed legislation provides for options to the...

States and State Governments

LPDD Model Law: Installation of Electric Vehicle Charging Stations at Common-Interest Developments

This proposed statute seeks to remove and foreclose covenants that restrict modifications needed to install electric vehicle charging stations in common-interest developments, such as condominiums. It...

States and State Governments

LPDD Model Law: Prioritizing Funding of Clean Transportation Alternatives

This model law requires state governments to devote a larger share of transportation funding to providing meaningful alternatives to driving. The model lays out a roadmap for a more transparent, objec...

Congress

LPDD Model Law: Federal Statute Providing Tax Credits for Hydrogen Refueling Stations

The lack of infrastructure for out-of-state travel is a major impediment to the adoption of hydrogen fuel cell vehicles (HFCVs), and there is a need to increase the number of hydrogen fueling stations...

Congress

LPDD Model Law: Amendments to Act to Prevent Pollution from Ships

Note: The proposed Ocean-Based Climate Solutions Act (2020), released just a month following the release of this model law, overlaps in scope with this model legislation, in terms of imposing monitori...

Local Governments

LPDD Model Law: Local Ordinance Expediting Permitting for EV Charging Stations

Permitting decisions for EV charging stations are made at the local level, and there is tremendous variation in the levels of expertise and experience among the local authorities having jurisdiction (...

Congress

LPDD Model Law: Federal Income Tax Credit Legislation For Purchasing Used Alternative Fuel Vehicles

Some studies suggest that AFVs depreciate faster than internal combustion vehicles. Two main reasons AFVs depreciate faster than internal combustion vehicles are (i) the rapid pace that technology is ...

Local Governments

LPDD Model Law: Municipal Ordinance for Alternative Fuel Vehicle Parking Benefits

This model legislation provides for free parking on the street and in municipal garages for alternative fuel vehicles through 2030. It provides multiple options for defining qualifying vehicles, expir...

States and State Governments

LPDD Model Law: State Statute on Updating Fire Codes Periodically

Hydrogen fuel cell vehicles are one of the most promising technologies for reducing greenhouse gas emissions from heavy-duty vehicles (e.g., trucks and buses). Hydrogen fuel cell vehicles face a numbe...

Local Governments

LPDD Model Law: Clean Fleet Legislation

This LPDD model legislation can be enacted on the state or local level to establish a “Green Fleet Transition” program in the enacting jurisdiction. It would establish an orderly process for the trans...

Local Governments

LPDD Model Executive Order: Green Fleets

This LPDD model executive order can be used to establish a state or local “Green Fleet Transition” program. The Model Order begins with the identification of some of the benefits that would result fro...

Local Governments

LPDD Model Law: Designation of Parking Spaces for Electric Vehicles and Installation of Electric Charging Devices

The LPDD team has prepared a model law on EV parking spaces that requires the installation in public accommodations of electric vehicle charging stations at parking spaces designated for the exclusive...

Congress

LPDD Model Law: Legislation Mandating Consideration of Greenhouse Gas Reduction as Part of Metropolitan Transportation Planning

Under federal law, states must establish a metropolitan planning organization (MPO) for each urban area with a population of at least 50,000. MPOs are subject to a variety of requirements, including t...

Local Governments

LPDD Model Law: Municipal Ordinance for Using Street Light Poles for Electric Vehicle Charging

The LPDD team proposes a model law to have municipalities use their street light poles to support Level Two electrical vehicle chargers. When municipalities convert street light poles to LED lights, t...

Local Governments

LPDD Model Law: Curbside EV Charging and Reserved Parking Ordinance

Electric vehicle owners rely primarily on charging their vehicles at home on a daily basis. However, in some residential neighborhoods, residents do not have the ability to install a charger on their ...

States and State Governments

LPDD Model Law: State EV Charging Station Rebates

This model state law provides rebates to subsidize the installation of publicly accessible electric vehicle charging equipment. Under the law, the state would provide a one-time payment for the cost o...

Congress

LPDD Model Law: Reducing Black Carbon in Arctic Shipping

As new shipping lanes emerge in the Arctic, the potential harms attributable to black carbon emissions — which coats the surrounding ice surface black and accordingly increases the rate of heat absorp...

Local Governments

LPDD Model Law: Local Ordinance Adopting NFPA Hydrogen Technologies Code

Hydrogen fuel cell vehicles are one of the most promising technologies for reducing greenhouse gas emissions from heavy-duty vehicles (e.g., trucks and buses). Hydrogen fuel cell vehicles face a numbe...

Local Governments

LPDD Model Law: EV-Ready Commercial Building Code

This model law would require new or significantly altered commercial, industrial, or multi-family residential buildings to be equipped with the installation of Level 2 electric vehicle supply equipmen...

States and State Governments

LPDD Model Law: Transportation Electrification Statute

This model state law that would cause State PUCs to encourage electric utilities to support the development of the infrastructure needed to charge a dramatically increasing number of EVs. The legislat...

States and State Governments

LPDD Model Law: State Statute Providing Rebates for Hydrogen Fuel Cell Vehicles and Hydrogen Refueling Stations

Emission-free hydrogen fuel cell vehicles (HFCVs) fueled by clean energy-hydrogen could play an important role in the decarbonization of the transportation system in the United States. This is especia...

States and State Governments

LPDD Model Law: State Income Tax Credit Legislation For Purchasing Used AFVs

This model state income tax credit legislation is designed to incentivize the purchase of used AFVs, by (i) helping maintain the resale value of AFVs and (ii) making used AFVs more affordable. The mod...

Local Governments

LPDD Model Law: EV Ready Building Code for One- and Two-Family Homes

To meet the EV penetration goals identified in the LPDD text, every garage or parking structure, be it residential, commercial, or industrial, being built or significantly altered should be designed a...

Private Entities

LPDD Best Practices: Hydrogen Fueling Station Siting, Permitting, and Construction

This best practices guide addresses how to overcome economic barriers to hydrogen fueling stations, and avoid time-consuming pitfalls in the siting, permitting, and construction processes.

Congress

LPDD Model Law: Federal Interoperability Provisions for Commercial EV Chargers

One obstacle to the widespread availability of publicly accessible, convenient EV Level 2 charging equipment and DC fast chargers is the inadequate interoperability that currently exists among the var...

Buildings 3 model laws

Carbon Capture and Removal 8 model laws

States and State Governments

LPDD Model Executive Order: CCS Energy Purchase Policies for State and Local Government

This Model Executive Order identifies overarching environmental goals and some of the benefits that would result from (i) state agencies purchasing a minimum amount of CCS energy for use in buildings,...

States and State Governments

LPDD Model Grant: Conservation Easement with Declaration of Covenants

This Model Grant of Conservation Easement and Declaration of Covenants was developed by the Pennsylvania Land Trust Association, and adapted by our team to enhance terms that promote biologic carbon s...

States and State Governments

LPDD Model Law: State Healthy Soils Legislation

This model legal document prepared by the LPDD team surveys the chief provisions a state may consider including in “healthy soils” (HS) legislation. It takes a menu approach in providing options for s...

States and State Governments

LPDD Model Law: State Natural Resources Trust Law

This Model Natural Resource Trust Law aims to provide states a tool to improve and expand their forests and natural areas. Modeled after Oregon’s Forest Resource Trust (See Or. Rev. Stat. § 526.700, e...

Congress

LPDD Model Law: Ocean Carbon Dioxide Removal Research

This model legislation would create a new legal framework specifically for ocean CDR research. The new framework is designed to achieve the dual goals of facilitating needed ocean CDR research, while ...

Executive Branch

LPDD Model Instruction Memorandum: Geologic Carbon Sequestration on Federal Lands

This model document proposes an update to the Bureau of Land Management’s Instruction Memorandum (IM) for geologic carbon sequestration (GS) on federal lands, which had been limited to information gat...

States and State Governments

LPDD Model Law: State Legislation for the Geologic Storage of Carbon Dioxide

Carbon capture and sequestration (CCS) involves capturing carbon dioxide at power plants, refineries, petrochemical plants, cement plants and other sources, compressing the carbon dioxide and transpor...

States and State Governments

LPDD Model Law: State Law to Divert Food Waste from Landfills

This model state legislation lays out a framework by which states can divert food waste from landfills to eligible processing facilities (including industrial-scale composters) or onsite composters. T...

Methane and Non-CO2 Pollutants 4 model laws

Fuels 5 model laws

Foundational Policies and Context 2 model laws

Climate Justice 2 model laws

Resilience and Adaptation 2 model laws