LPDD June Newsletter
New LPDD Model Laws
This week, the LPDD team is publishing a new model state law requiring 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 applicable to states that have adopted comprehensive climate legislation, as well as those that have otherwise adopted decarbonization or clean energy targets that can inform the workforce impact analysis the model law contemplates. The model legislation assembles a Working Group and charges it with (i) studying and assessing the size and skills of the future workforce needed in the state to achieve the state’s goals, and (ii) ensuring sufficient resources are mobilized and available to the state’s agencies, educational institutions, labor organizations and other institutions to develop the workforce needed for the changing economy. The study and mobilization of resources should include a focus on minority, historically underserved, and economically disadvantaged populations in the state. The model law also addresses the resulting displacement of the workforce in fossil-fuel related and other high-emissions technology industries, using the same approach of studying the expected displacement and addressing it through mobilization of state resources (including retraining).
New External Resources
modelclimatelaws.org is being continually updated with new, external legal resources, including a raft of climate legislation out of Washington State as Governor Inslee nears the end of his final term. Below is a selection of recently added resources.
Permitting Reform in Debt Ceiling Law: In the recent debt ceiling negotiation, Congress adopted certain changes to the permitting process for energy projects. The Fiscal Responsibility Act amended the National Environmental Policy Act by requiring a single federal agency to lead environmental reviews for infrastructure projects, setting a one-year deadline for agencies to issue environmental assessments, and a two-year deadline for environmental impact statements. The law allows that if an agency develops a “categorical exclusion” for a type of project, such as electric vehicle chargers, another agency could use that exclusion instead of going through a separate review. The legislation also requires the North American Electric Reliability Corp. to assess how much “prudent” transmission capacity is needed to share electricity with neighboring regions to strengthen grid reliability.
California's Proposed Bi-Directional Charging Bill: Approved by the State Senate in late May, SB 233 would ensure that new electric vehicles sold in California by 2030 have the capability to power the EV owner's home or provide energy to the grid. With bidirectional charging, an EV owner would be able to reduce their electricity bills by using their EV battery to power their homes during those times when electricity demand and energy rates are their highest. EV owners could then recharge their battery during non-peak hours when rates are lower, including during the day when solar power is plentiful.
Washington's Overhaul of Permitting for Renewable Energy: In May, Washington State passed a law overhauling the permitting process for renewable energy projects. House Bill 1216 establishes a coordinating council led by the Department of Ecology and Department of Commerce officials; makes certain clean energy projects eligible for a permitting process overseen by the Department of Ecology; requires environmental studies to be completed within two years; and starts a new Department of Commerce program for clean energy projects of statewide significance. Washington follows on other states that have recently adopted a more centralized permitting process, and our own LPDD model law on this subject.
Washington's Climate Workforce Legislation: Also signed in May, Washington's HB 1176 creates the Washington Climate Corps to expand service opportunities for young adults and veterans and connect them with climate and clean energy career opportunities. It also creates a Clean Energy Technology Workforce Advisory Committee, which directs the state to conduct clean energy workforce planning in partnership with unions and industries. Along with our new LPDD model law on this subject, above, Washington provides an early example for jurisdictions considering how to address decarbonization workforce questions legislatively.
Washington's Sustainable Aviation Fuel Legislation: HB 5447 provides incentives for the production of "alternative jet fuel" in Washington. "Alternative jet fuel" is defined as a fuel that can be blended and used with conventional petroleum jet fuels without the need to modify aircraft engines to achieve a lower carbon intensity, and includes jet fuels derived from co-processed feedstocks at a conventional petroleum refinery.
RAP's Building Modernization Legislative Toolkit: The Regulatory Assistance Project recently published an expansive online Building Modernization Legislative Toolkit. The toolkit is meant to provide a comprehensive legislative resource to legislators and other policymakers seeking to advance building modernization policies such as energy efficiency and electrification.
Colorado's Restrictions on Use of Ratepayer Funds: A law passed in May in Colorado prohibits investor-owned utility companies from using ratepayer money to fund trade associations, promotional advertising, certain kinds of lobbying, and other political influence activities. In addition to new rules prohibiting utilities from using ratepayer money for political spending, the bill includes other ratepayer protections such as directing the Colorado Public Utilities Commission to establish rules limiting how much investor-owned utilities can charge ratepayers for lawyers and consultants that argue on behalf of the utility’s efforts to raise rates, phasing out ratepayer subsidies for extending gas pipelines to new construction, and other measures aimed at reducing the risks to ratepayers of methane gas price spikes.
Vermont's Clean Heat Standard Overrides Governor's Veto: Previously noted in this newsletter in March, the Vermont Senate voted last month to override the Governor's veto to S.5 (2023) and enacted a statewide Clean Heat Standard. The standard requires decreasing carbon intensity of heating fuels over time. The Public Utilities Commission must adopt rules to implement the Clean Heat Standard by January 2025.
EPA's Proposed Power Plant Pollution Limits: In May, EPA proposed new regulations to cut carbon pollution from around 3,400 natural gas and coal-fired power plants across the country. Initial requirements would begin in 2030 for coal-fired generators and 2032 for gas-fired units. The rule would impose a matrix of standards for the coal fleet, and existing and future gas plants, depending on their usage levels and operating lifetimes. For instance, for coal plants slated to keep running past 2039, it would effectively require 90% CO2 capture by 2035. EPA projects that the proposal would spur 22 GW of coal-fired capacity to retire and 24 GW of natural gas-fired capacity to be built, including 11 GW of capacity co-fired with clean hydrogen, from 2023 to 2035. The proposal includes a process for allowing power plants to exceed GHG emissions limits if they are needed for grid reliability.
Spotlight on Equity: In May, Maryland passed a transportation planning law that requires that equity be considered when State transportation plans, reports, and goals are developed. The Maryland DOT will be required to conduct transit equity analyses, cost-benefit analyses, and consult with certain communities before announcing or proposing any major service change or any reduction or cancellation of a certain capital expansion project in the construction program.
Recent Events
In April, members of the LPDD team presented on the project to the Barnard College Alumnae Association. The presentation covered the origins of the LPDD project, its drafting and peer review processes, ways for lawyers and non-lawyers to participate, and specific topics related to building decarbonization. The presentation is available to view here.
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:
- Canary Media reports that electric schoolbuses, currently at 1% of the nation's fleets, are set to enjoy a surge over the next several years thanks to funding from the 2021 infrastructure bill. Our model law and executive order on green fleets can help state and local governments contribute to that transition.
- The United Nations Environment Program published a significant report last month laying out a roadmap to reduce plastic pollution and encourage circular economy principles, part of an ongoing negotiation on plastics that will go into next year. Our model resolution in support of a circulareconomy tackles these questions at the local level. The resolution surveys the types of actions localities can undertake in support of a circular economy, detailing benefits, the roles and opportunities for local government, and how a resolution can identify specific commitments to set this transition in motion.
- A Montgomery County, MD bus terminal will soon be the source of its own hydrogen fuel. Our best practice guide on hydrogen fuel stations shows how to overcome economic barriers to hydrogen fueling stations, and avoid time-consuming pitfalls in the siting, permitting, and construction processes.
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 70 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.