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
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...
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...
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...
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...
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...
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...
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...
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...
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...
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 ...
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...
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 ...
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...
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...
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...
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...
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 ...
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...
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...
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...
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...
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 ...
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
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...
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...
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...
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...
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...
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...
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...
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 ...
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 ...
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. ...
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...
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...
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...
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
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...
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 ...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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 (...
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 ...
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...
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...
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...
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...
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...
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...
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...
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 ...
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...
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...
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...
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...
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...
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...
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...
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...
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.
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
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...
LPDD Model Law: Model Ordinance on Green Building Construction
This model ordinance would require that new non-residential and certain multifamily buildings with a gross floor area above 10,000 sf (or other size chosen by the municipality) be constructed to a sta...
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...
Carbon Capture and Removal 8 model laws
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,...
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...
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...
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...
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 ...
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...
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...
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
LPDD Analysis: Incorporation of Climate Action Reserve Nitrogen Management Project Protocol 2.0 into State Law and Policy
Emissions of nitrous oxide are a significant source of greenhouse gas (GHG) pollution in the United States, amounting to approximately 5 percent of total U.S. GHG emissions on an annual basis. Agricul...
LPDD Model Regulation: Controlling N2O Emissions from Large Commercial Farms
This model regulation is designed to control emissions of nitrous oxide (N2O) from large commercial crop farms to reduce impacts of N2O pollution to the stratospheric ozone layer. The regulation estab...
LPDD Model Law: Healthy Soils Bill for Establishing State N20 Management Standards
Nitrous oxide emissions are a significant source of greenhouse gas (GHG) pollution in the United States, amounting to approximately 5 percent of total U.S. GHG emissions on an annual basis. One source...
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...
Fuels 5 model laws
LPDD Model Law: Requiring a Renewable Gas Study
Since states will have different capacities for manufacturing or acquiring renewable gas, before adopting a renewable gas standard, the appropriate agency within a state should first undertake a study...
LPDD Model Law: Carbon-Neutral Bioenergy Acquisition Law
As states consider carbon neutrality plans, the emissions profile of biomass as a resource in the statewide energy portfolio must be considered. A number of peer reviewed studies have maintained that ...
LPDD Model Law: Designating State Lead Agency for Biogas Permitting
To support the increased production of biogas and the delivery to end users, the LPDD text identifies the need for changes in the regulatory framework over biogas production and delivery facilities. A...
LPDD Model Law: Biogas Zoning Ordinance
One of the challenges to biogas production is that production facilities are not readily classified under most existing zoning laws, which can slow project development and increase transaction costs f...
LPDD Model Law: State Renewable Gas Standard
This LPDD model state legislation addresses renewable portfolio standards with respect to renewable gas. The model legislation was prepared based on California’s proposed SB 687, which would have esta...
Foundational Policies and Context 2 model laws
LPDD Model Law: State Workforce Study
This model state law requires state agencies to assess the education, development and training needs for the workforce needed to meet the state’s climate and clean energy goals. The model law is appli...
LPDD Model Law: Federal Clean Energy Workforce Study
This model federal law would create a commission to oversee a comprehensive study of the workforce needs of the United States economy as it rapidly decarbonizes. A decarbonizing United States economy,...
Climate Justice 2 model laws
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,...
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...
Resilience and Adaptation 2 model laws
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. ...
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...