Skip to main content

New and Notable Additions

LPDD Newsletter: August 2022

New LPDD Model Laws

This month, the LPDD team published a new Model State Natural Resources Trust Law. The proposal would enable state legislatures to amend state public land acts to increase public land management and expand forest lands. Modeled after Oregon’s Forest Resource Trust, the model law establishes a trust to be administered by each state’s department of natural resources. Through the trust, the department of natural resources would establish programs to:

  • Expand and improve the quality of forests and other natural ecosystems;
  • Improve the ability of forests and other natural ecosystems to address climate change and mitigate pollution and greenhouse gases; and
  • Improve economic, societal, and recreational opportunities from the state’s natural resources.

The model law initially appropriates funds to establish the trust, and authorizes the department of natural resources to obtain ongoing funding through a variety of means, including charging fees, applying for grants, and participating in cap and trade programs.

New External Resources

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

  • Resources on the Pending Inflation Reduction Act: With the final passage of the Inflation Reduction Act still pending at the time of this writing, we will have more on this exciting piece of legislation next month. For now, however, we're staying up-to-date with all the emerging analysis of how the Act would expand tax credits for clean electricity and hydrogen production; offer rebates and incentives for building efficiency; subsidize EVs; provide a just transition for former fossil fuel communities; accelerate low-carbon cement, steel, aluminum and chemicals; support existing nuclear generators; reduce oil and gas sector methane leaks; increase the availability of sustainable aviation fuel; and accelerate Direct Air Capture of CO2. Some analyses that we've found valuable on this pending breakthrough in US climate policy include:

  • California’s Law Superseding Local Permitting Obstacles for Renewable Energy Projects: California’s AB 205, among other provisions, establishes a new permitting procedure that supersedes local approvals for large renewable energy projects, which runs through the State Energy Commission. The law establishes a new certification process for solar photovoltaic, wind, and thermal powerplants, as well as certain appurtenant transmission and related manufacturing facilities. In deference to local authorities, the legislation does require the Energy Commission to forward applications to a local government having land use and related jurisdiction in the areas of the proposed site, and would require the local agencies to review the application and submit comments on the application. Otherwise, the legislation allows these projects to sidestep cumbersome local permitting processes.

  • D.C. Net Zero New Building Codes: By 2026, all new buildings and substantial renovations in D.C. will have to be net-zero construction, under legislation passed unanimously by the D.C. Council in July. The legislation does not itself create the new net-zero building codes, but rather instructs the mayor to do so by no later than Dec. 31, 2026. Buildings will be prohibited from using “on-site fuel combustion” for furnaces or water heaters (a gas ban, by another name). There is an exemption to the fuel combustion ban for backup power generators in “buildings that are essential to protecting public health and safety.” The net-zero building codes will cover all commercial buildings, condo and apartment buildings, as well as single family homes taller than three stories. The bill also requires audits every three years, starting in 2029, to report what percentage of new buildings are complying with the net-zero requirements.

  • MISO's Long-Range Transmission Portfolio: In July, the Midwest Independent System Operator’s board approved a $10.3 billion transmission plan that could support about 53 GW of wind, solar, hybrid and stand-alone battery projects found in state and utility clean energy goals in its northern and central regions. MISO estimates that the projects will bring $23.2 billion to $52.2 billion in present value net benefits over 40 years, including up to $19.9 billion in congestion and fuel cost savings. The 18 transmission projects approved under the plan are designed to facilitate an expected shift in MISO’s generation mix, including the retirement of about 58 GW of mainly coal-fired power plants, and the addition of about 90 GW of solar, gas, and wind by 2039.  MISO expects some of the projects will begin coming online in2028. MISO last approved a major transmission buildout in 2011.

  • ZEV Task Force Action Plan for Heavy-Duty Zero-Emissions Vehicles: Nearly 20 states and jurisdictions have signed on to an action plan striving for 100% electric medium and heavy-duty vehicle sales by 2050. The plan, released in July, includes policy recommendations for local lawmakers to consider when crafting legislation aimed at boosting adoption of electric trucks and buses. A coalition of 17 states plus Washington, D.C., and the Canadian province of Quebec helped develop the plan, facilitated by the Northeast States for Coordinated Air Use Management. Recommendations include adding more electric charging infrastructure, sales and fleet purchase requirements, vehicle and infrastructure purchase incentives, electric utility and utility regulator actions, financing mechanisms, outreach and education, economic equity and workforce development, community air monitoring, and community infrastructure planning and deployment.

  • Vermont Fluorescent Tube Ban: A first-in-the-nation policy in Vermont phasing out most fluorescent tube lights in favor of LEDs provides a model for states to reduce energy costs, greenhouse gas emissions, and mercury pollution. Vermont’s law will end the sale of four-foot fluorescent tubes by 2024. These four-foot tubes are often found in commercial buildings and in some kitchens, basements, and garages. They are the most common type of linear fluorescent light, representing about 90% of installations.

  • Gas Station Bans Pick Up Steam in California: In 2021, Petaluma, California, became the first city in the world to prohibit new gas stations. Since then, at least four more cities have prohibited new gas stations permanently, and several more are developing policies now (including, potentially, Los Angeles). Rohnert Park, Sebastopol, Cotati, and Calistoga are the new early movers in passing their own bans.

  • Hawaii Passes Suite of Climate Bills: In July, Hawaii adopted a number of climate-related bills. HB 2089 shifts the relevant metric under which compliance with the state's Renewable Portfolio Standard will be assessed from sales to actual generation, which should more accurately reflect the percentage of renewable energy generated in the state. SB 2570 provides incentives for hydrogen refueling infrastructure. Applicants may be eligible for a $200,000 rebate for the installation of a hydrogen fueling system. HB 1801 requires and establishes deadlines for state facilities to implement cost-effective energy efficiency measures. Beginning in July 2023, the design of all new state building construction must maximize energy and water efficiency, maximize energy generation potential, and use building materials that reduce the carbon footprint of the project. SB 3325 establishes the Hawaii Carbon Smart Land Management Assistance Pilot Program. The program will incentivize carbon sequestration activities through incentive contracts that provide compensation for eligible practices.

  • Crested Butte First City in Colorado to Ban Gas in New Construction: In August, Crested Butte became the first municipality in Colorado to require that new residential and commercial construction be all electric, banning natural gas for heating, hot water heating and appliances starting in 2023. With unanimous approval by town council, Crested Butte adopted the 2021 International Building Code, including some “above code” standards dealing with energy efficiency, renewable energy, electric vehicle readiness, and electrification. Solar panels will be required on large commercial construction and new buildings will at a minimum have to be solar ready and electric vehicle ready. And Crested Butte is not the only recent jurisdiction moving in this direction: San Diego, California, and Eugene, Oregon, both advanced measures this past month to begin a process of drafting gas ban codes, which we look forward to seeing come to fruition in the months ahead.

  • Mississippi Upfront Distributed Solar Incentive: The Mississippi Public Service Commission has approved a new net metering rule creating a $3,500 incentive for residents who install rooftop solar, per a July order. According to the new rule, at least 50% of the funds dedicated to the new program must go to low-income customers, and the incentive is potentially payable directly to the installer on proof of completion. Mississippi does not offer one-to-one net metering, and solar installations have lagged in the state. This ruling takes a novel approach to expanding the solar market in a jurisdiction with different net metering rules.

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 50 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.

← All news