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New and Notable Additions

LPDD April Newsletter

New LPDD Model Laws

This month, the LPDD project is proud to publish a new model state law designed to reduce the costs and timeframe for obtaining local permits for residential solar and energy storage. The model statute addresses these soft costs of residential solar facilities by laying out a framework by which states can simplify and standardize the permitting processes and installation requirements for these systems. It is based on legislation in California and Massachusetts, and on recommendations provided by the National Association of State Energy Officials.

The crux of the model law is streamlined permitting, guiding the process from an online application form and checklist, to a time-limited period for local authorities to issue approval or conduct inspections, and capping application fees. The model also includes Solar Rights Protections, which are intended to prohibit restrictions on Residential Solar Systems in real property arrangements, as well as procedures for easements that ensure solar systems are able to maintain consistent access to direct sunlight.

The model law is available to view here.

New External Resources

modelclimatelaws.org is being continually updated with new, external legal resources. Below is a selection of recently added resources:

  • Proposed Community and Hydropower Improvement Act: LPDD chapter author Charles Sensiba calls our attention to the proposed federal Community and Hydropower Improvement Act, which incorporates many of the recommendations of the LPDD text's chapter on Hydropower. Proposed S.1521 includes measures to accelerate and coordinate the environmental review of the licensing of hydropower projects, and expedite the licensing process for closed-loop or off-stream pumped storage projects, as well as certain federal projects at existing nonpowered dams. Many of the themes and specific terms of the proposed legislation respond to recommendations in the LPDD text. This legislation was informed by years of negotiations across a wide range of stakeholders convened under Stanford University’s Uncommon Dialogue on Hydropower, River Restoration and Public Safety, in which Charles Sensiba participated.
  • California Interconnection Rules Update: In mid-March, the California Public Utilities Commission approved revisions to the state's interconnection rules that take into account how, with the right structures in place, solar and solar-plus-battery systems can benefit the grid. The rule revisions introduce a “Limited Generation Profile option,” which will allow solar and battery projects to modulate how much power they send to the grid, according to a schedule, with the help of either solar inverters or batteries. By opting into the regime, projects would avoid paying large interconnection costs for grid upgrades that may not be necessary. This novel approach provides an excellent complement to the provisions of the new LPDD model law outlined above.
  • NRC Advanced Reactor Licensing Guidance: In April, the Nuclear Regulatory Commission published new advanced reactor licensing guidance that could significantly reduce the regulatory uncertainty for non-light water reactors submitting construction permit and licensing applications. The guidance provides a detailed road map for companies submitting licensing applications for non-light water reactor technologies such as high-temperature gas-cooled reactors and molten salt reactors, along with internal guidance for NRC staff reviewing these applications. The move provides some response to the LPDD recommendation that, "if advanced non-light water reactor technology will be ready, NRC may need to accelerate development of a regu­latory framework for that technology to support substantial new deployment by 2050."
  • EPA's Finalized Tailpipe Regulations for Light- and Heavy-Duty Vehicles: In March, EPA finalized new rules on vehicle emissions for both light- and heavy-duty vehicles that will push the auto industry to accelerate its transition to electric vehicles. For light- and medium-duty vehicles, the EPA promulgated rules under which EVs could account for up to 56% of new passenger vehicles sold for model years 2030 through 2032. This percentage is inferred from an industry-wide average emissions target of 85 grams of carbon dioxide per mile, representing an almost 50% reduction compared to existing standards for model year 2026 vehicles. The agency also expects the average CO2 emissions target for medium-duty vehicles to fall by 44%. Separately, EPA adopted a final rule for the GHG Emissions Standards for Heavy-Duty Vehicles – Phase 3. For heavy-duty vocational vehicles such as delivery trucks, refuse haulers, and public utility trucks, the Phase 3 standards vary according to vehicle type and range up to 60% stronger than the previous Phase 2 standards, which were adopted in 2016. For tractors such as day cabs and sleeper cabs on tractor-trailer trucks, the Phase 3 standards range up to 40% stronger than the previous Phase 2 standards. The heavy-duty vehicle standards are estimated to produce $13 billion in annualized net benefits through the year 2055, including $10 billion in annualized climate benefits and up to $300 million in annualized health benefits from reduced emissions of fine particulate matter.
  • Pathway Highlight: Climate Superfund: In the first months of 2024, legislators in four states -- Maryland, Massachusetts, New York, and Vermont -- have pushed for legislation that would require large fossil fuel producers and refiners to pay for hundreds of billions of dollars of state-level climate mitigation and adaptation infrastructure. In the spirit in which Superfund legislation was adopted, these models charge fossil fuel companies for the climate damages they have created. We have catalogued these early-mover bills, as well as a comparative analysis from the Sabin Center.
  • Oregon's Bill Bypassing Local Permitting for Batteries: Among states seeking ways to consolidate permitting authority for energy infrastructure in the face of difficult local approval processes, Oregon passed a law in March allowing battery developers, or the governing body of a local government, to elect to defer regulatory authority to the state's Energy Facility Siting Council for the siting of a battery energy storage system, rather than a local body.
  • Washington's Sustainable Food Management Legislation: Passed in March, Washington's HB2301 creates programs to prioritize food waste prevention, donation, or upcycling over composting or anaerobic digestion, and directs the state’s newly created Center for Sustainable Food Management to administer grants that support organics diversion. The legislation also creates a Washington Commodities Donation grant program, which would support existing infrastructure diverting food to donation.

Spotlight on Equity: Recently, Massachusetts amended its state air pollution regulations to require certain facilities seeking air emissions permits in or near communities with Environmental Justice (EJ) populations to conduct a cumulative impact analysis, becoming the first state to do so. The regulations also require meaningful involvement with EJ populations in the permitting process. The regulations achieve a similar goal as LPDD's model laws on cumulative impacts in EJ areas and Environmental Advisory Boards.

In the News

Sometimes, we come across news stories that highlight the value of the resources we already promote at modelclimatelaws.org. Here are a few from the last month:

Get Involved!

Not sure how to support our work? Check out our Get Involved page to see the many avenues by which lawyers can join us, and get in contact!

This update highlights and summarizes recent additions to the Legal Pathways to Deep Decarbonization (LPDD) website, which houses actual and model laws addressing the causes of climate change in the United States.

The Legal Pathways to Deep Decarbonization Model Law Project (LPDD-MLP) is a pro bono effort to draft model laws for use by legislators at the federal, state and local levels to support their efforts to achieve deep reductions in fossil fuel use and greenhouse gas emissions. The project is based on recommendations from the groundbreaking book Legal Pathways to Deep Decarbonization in the United States (Michael Gerrard and John C. Dernbach, eds., 2019). The work is supported by Columbia University's Sabin Center for Climate Change Law and Widener University Commonwealth Law School’s Environmental Law and Sustainability Center. Dozens of law firms and individual lawyers are contributing to this pro-bono effort as drafters, peer reviewers or in reaching out to policymakers.

Our website, modelclimatelaws.org, contains over 80 model laws that are a starting place for discussion and collaboration among elected officials, non-profit groups, and the private sector for enabling the U.S. to address climate change by reducing U.S. GHG emissions to zero by 2050 or earlier. The site includes several Top 10 lists for some of the key categories, like electric vehicles, PUC’s, buildings and other topics as a short-hand introduction. In addition, the site references hundreds of other actions that states and other governmental bodies have taken to move towards decarbonization more rapidly. By providing policymakers the tools to achieve deep decarbonization, the Project will help achieve a restructuring of the energy economy, thus alleviating the worst effects of climate change, which are disproportionately suffered by marginalized communities, while providing such positive benefits as economic security, social equity, and environmental justice (EJ).

Please contact us to talk about getting involved in drafting and peer reviewing legislation, to provide suggestions and feedback on the drafts and to talk about how we can help you support your climate change efforts.

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