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New and Notable Additions

LPDD August Newsletter

New LPDD Model Laws

This month, the LPDD team was proud to publish a new model law to streamline the permitting of EV charging stations at the municipal and county level. The model law allows each local jurisdiction to tailor the provisions to their relevant laws and regulations (e.g., electrical standards, building codes, zoning ordinances). Among other terms, the model ensures that EV charging is permitted in all zoning districts; prohibits non-charging vehicles from occupying EV charging spaces; sets minimum requirements for the number of parking spaces with EV charging capacity in new commercial, industrial, and residential developments; requires a streamlined permitting process, complete with a published checklist for applicants; and more. Included among the supporting materials to the model law are a model checklist of requirements for expedited permitting and a list of talking points in support of the model law.

The LPDD project is also excited to announce the publication of five new model laws addressing different topics in environmental justice. These model laws were prepared by WE ACT for Environmental Justice and the Sabin Center for Climate Change Law separate from the LPDD Project. With the permission of these organizations, they are being included as part of the implementation project of Legal Pathways to Deep Decarbonization. For more information on the collaboration between WE ACT for Environmental Justice and the Sabin Center for Climate Change Law, see http://DismantlingInjustice.org.

The five new environmental justice model laws are listed below:

  • Model Law Requiring Cumulative Impact Analysis to Renew Permits of Covered Facilities 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 with others, those risks are amplified. This bill requires the state environmental protection agency to identify and publish a list of areas disproportionately burdened by environmental hazards and limited participation in decision-making processes, and reform the process for renewing permits in these areas.
  • 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.  These low-income communities and communities of color often have limited participation in decision-making processes that directly affect them. To address this issue, the model law restricts as-of-right zoning in designated environmental justice areas. As-of-right zoning allows development without discretionary approval, potentially allowing harmful facilities to operate without sufficient oversight. This statewide bill supersedes local land use laws, requiring authorities to assess the impact of proposed developments on the surrounding area before granting permits.
  • 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 low-income communities and communities of color. Unlike new facilities that must adhere to updated requirements, existing facilities operate under outdated regulations, posing a greater threat to the health of environmental justice communities. To prevent these facilities from evading regulatory oversight, this model bill introduces new permit renewal requirements that mandate a comprehensive analysis of how existing facilities interact with environmental stressors in the area. Consultation with affected communities is also emphasized, allowing for informed decision-making regarding the continued operation of these facilities.
  • 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 be significant individually, the vehicles they attract contribute to air pollution in the surrounding areas. Unfortunately, high-traffic facilities and major roadways are often located in low-income communities and communities of color, which already face multiple sources of pollution and public health stressors. As e-commerce expands and the demand for warehouses and distribution centers rises, emissions from shipping trucks and other polluting sources pose a greater risk to nearby communities. To mitigate pollution from these sources, this bill imposes new permitting requirements on the construction or expansion of facilities that attract significant traffic in designated environmental justice areas.
  • Model Law Establishing an Environmental Advisory Board: This model law establishes a platform for advocating equity in historically marginalized communities. The Environmental Advisory Board created by this bill would provide insights, accountability, and a platform for impacted communities to engage with government decision-makers. The Board would work to improve public processes, prioritize the identification and mitigation of environmental justice concerns, and ensure that the voices of affected communities are central to state programs and initiatives.

New External Resources

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

  • Southern California's NOx Limits for Commercial Ovens: In August, California's South Coast Air Quality Management District adopted a first-in-the-nation rule that aims to reduce emissions of nitrogen oxides (NOx) from commercial food ovens in the South Coast district. The area includes large swaths of Los Angeles, Orange, Riverside and San Bernardino counties, and is home to top food manufacturers such as Bimbo Bakery, Frito-Lay and chip-maker Snak-King. Starting in 2027, nearly 100 facilities operating a total of 218 ovens must meet a zero-emissions limit for NOx. Virtually all companies will have to replace their gas-burning ovens with electric options.
  • Boston's Ban on Fossil Fuels in New City Buildings: In July, Boston Mayor Michelle Wu signed an executive order eliminating the use of fossil fuels in new municipal building constructions and renovations across the city. The order bans new municipal buildings from using energy sources like natural gas and heating oil. It also prohibits fossil fuel use in major renovations of existing city-owned buildings and requires projects that replace a building’s HVAC system to utilize renewable energy.
  • Proposed Advancing Research on Agricultural Climate Impacts Act: As negotiations for the 2023 Federal Farm Bill advance, a key component of that legislation may be the recently proposed Advancing Research on Agricultural Climate Impacts (ARACI) bill. The ARACI bill addresses a lack of standardized methodologies for soil carbon measurement and fragmented data collection, which makes carbon sequestration outcomes uncertain and hard to verify. The bill would, among other measures, direct USDA to develop consistent and standardized soil carbon measurement methodologies, and conduct on-farm demonstrations to improve producer understanding and adoption of soil carbon sequestration practices. These provisions will be key to watch as Farm Bill negotiations continue.
  • Oregon's Commercial Building Energy Performance Standard: As part of Oregon's 2023 legislative climate package, the state advanced a commercial building energy performance standard. The standard would break the commercial sector down into two tiers with varied compliance requirements. Tier 1 will include several types of commercial buildings larger than 35,000 square feet, which will be required to comply with an actual building performance standard between 2028 and 2030, depending on their specific size. Tier 2 buildings will only have to submit energy benchmarking reports, and will include similar commercial buildings between 20,000 and 35,000 feet, as well as multifamily residential, schools, dormitories, universities, and hospitals larger than 35,000 square feet. Oregon's Department of Energy will be tasked with conducting a rulemaking to establish the program and set appropriate building energy targets for Tier 1 buildings, and establish a program for energy benchmarking for Tier 2 buildings.
  • Delaware's Climate Change Solutions Act: The Delaware Climate Change Solutions Act establishes new climate targets, requiring the state to reduce emissions by 50 percent by 2030 and achieve net-zero emissions by 2050. The targets apply to greenhouse gas emissions from all sources and all economic sectors in the state, including electric power, transportation, industrial, residential and commercial buildings, agriculture, waste management, and energy. The targets also include emissions from the generation of electricity delivered to and consumed within the state, regardless of where the electricity is generated. State agencies must develop and implement a climate action plan to meet these targets every five years, the first of which is due by November 15, 2025. It also requires state agencies to consider climate change in their decision-making, rulemaking, and procurement.
  • Delaware's EV-Ready Building Codes: Also passed with a series of recent Delaware climate laws, Delaware's SS1 for SB 103 (2023) requires that newly constructed single-family homes have EV capable parking, and that multi-family residential buildings include EV capable parking and EV charging infrastructure.

Spotlight on Equity: In July, Connecticut's Department of Energy and Environmental Protection, in conjunction with the University of Connecticut, unveiled a new environmental justice mapping tool. The mapping tool incorporates more than 50 different data sets to show which census tracts in the state are most at risk from pollution exposure, socioeconomic impacts and health disparities. In 2021, the Governor’s Council on Climate Change called for the development of the tool, which it said could be used in existing state programs, including the distribution of grant and bond funding.

LPDD at the National Conference for State Legislatures Annual Meeting

This week, the LPDD team is attending and presenting our resources to the National Conference for State Legislatures annual meeting in Indianapolis. As we educate lawmakers and advocates on the different model laws that they might consider at the state level, we will also be learning their legislative needs and building up a list of new outreach opportunities. The LPDD team is proud to trumpet the work that our project has already accomplished, take notes on what future model laws would be most helpful to state lawmakers, and engage with policymakers to identify gaps in existing state law that our models can address.

We're thrilled to have the opportunity to speak to this forum, and will be excited to share reflections on the conference in next month's newsletter.

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!

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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 75 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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