LPDD Newsletter: July 2021 — Model Climate Laws Initiative

New LPDD Model Laws

Since the last monthly update, the LPDD team has published one new model legislative provision on federal interoperability standards for commercial EV chargers:

**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 various charging networks. Such equipment is provided by “electric vehicle service providers” operating under a variety of business models that rely on proprietary software and subscriber service arrangements. As a result, charging services are typically provided under different pricing structures and terms of service for subscribers versus non-subscribers. The attached language would address these issues by directing the Secretary administering the relevant federal funding program to establish by regulation minimum interoperability criteria for Level 2 charging equipment and DC fast charging equipment receiving incentives under the program. Those criteria would require that commercial Level 2 and DC fast charging equipment be: accessible to the general public without any membership or subscription requirement (allowing, however, differing monetary charges for members and non-members); and capable of accepting payment: (i) by credit card; (ii) through “universal roaming,” whereby a payment through one provider is processed by the exchange of billing data with another service provider; or (iii) by some other means determined by the Secretary to facilitate the convenient use of the commercial Level 2 and DC fast charging equipment by the general public.

New External Resources

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

New York's Low Embodied Carbon Concrete Bill: In June, New York's Assembly and Senate passed S542A, which instructs the state’s Office of General Services to set guidelines for procuring low-carbon concrete for state construction projects. The office would award future contracts to companies based on climate performance as well as price, using standards that a group of expert stakeholders would set. As of this writing, the bill is awaiting the governor's signature.
Oregon's 100% Renewable Electricity by 2040 Mandate: In June, the Oregon Legislature passed HB2021 to require that retail electricity providers reduce greenhouse gas emissions from the electricity sold to Oregon consumers 80% by 2030, 90% by 2035, and 100% by 2040. The Department of Environmental Quality must determine the amount of emissions reductions necessary for each provider, and limit the cumulative rate impact for compliance to 6% of annual revenue requirements. This bill allows performance incentives for early compliance. The bill also requires electric companies to convene a Community Benefits and Impacts Advisory Group to assess the impact of their clean energy plans on environmental justice communities and low-income ratepayers. At the time of this writing, the bill is awaiting the governor's signature.
Hawaii's Clean State Vehicle Fleet Legislation: In June, Hawaii's Governor signed HB552, establishing clean ground transportation goals for state agencies to achieve a 100% light-duty motor vehicles zero-emission fleet by December 31, 2035. The Bill also authorizes the department of accounting and general services to approve state fleet acquisitions, including zero emission vehicle requirements for light-duty passenger cars and light-duty multipurpose passenger vehicles and trucks, with allowance for exemptions. This bill also requires all state agencies purchasing or leasing medium- and heavy-duty motor vehicles to seek vehicles that reduce dependence on petroleum-based fuels, while meeting the agency's needs, where feasible and cost-effective.
New Jersey's Dual-Use Pilot Bill: In meeting utility-scale renewables goals, siting remains one of the most significant hurdles in most jurisdictions. One novel approach to these concerns involves using agricultural land to site solar, where the combined value of energy and crop revenues projects to be greater than if the land were devoted to either of these activities exclusively. In June, New Jersey approved a dual-use pilot program, raising the cap on solar energy that a farm may produce while qualifying for an agricultural assessment, and instructing the Board of Public Utilities to implement a pilot program to support up to 200 MW of dual-use solar/agricultural installations with new incentives. The program is anticipated to become permanent after a review of the pilot period.
New Jersey's Offshore Wind Solicitation: In June, New Jersey's Board of Public Utilities (NJBPU) issued two orders approving a combined 2,658 megawatts of offshore wind capacity – Ørsted’s 1,148 MW Ocean Wind II and EDF and Shell’s 1,510 MW Atlantic Shores projects. The two wind farms bring New Jersey’s total planned capacity to over 3.7 gigawatts and moves the state closer to its goal of 7.5 GW of offshore wind by 2035 and 100% clean energy by 2050. Somewhat surprising observers, who anticipated one project or the other being selected, the two approvals were instead the US’s largest combined award to date. The projects are expected to create 7,000 full- or part-time jobs, generate $3.5 billion in economic benefits, and power 1.15 million homes with clean energy.
NREL's NARIS Study on an 80% Cleaner Continental Grid: A joint project between the US Dept. of Energy and Natural Resources Canada, NREL's 2021 North American Renewable Integration Study (NARIS) models potential features of an integrated US-Canada grid capable of achieving an 80% reduction in carbon emissions. The study charts multiple pathways using a variety of flexible resources. It is intended to inform grid planners, utilities, industry, policymakers, and other stakeholders about opportunities for a coordinated, continental low-carbon grid. Studied impacts included costs, emissions, resource adequacy, and the specific technologies that help enable the transition to a low-carbon grid. The analysis focused in particular on the potential role of cooperation across North America and between regions within each country, and how transmission can support sharing of supply and demand diversity across the continent. Geographically speaking, NARIS is the largest study of its kind.
Maine Legislation Establishing Carbon Reduction as Public Utility Regulatory Mandate: In June, Maine's Governor signed LD1682, which adds reducing GHG emissions to meet reduction goals to the basic purpose of the public utility regulatory system. The legislation also directs the Public Utility Commission to mitigate disproportionate energy burdens on environmental justice populations, frontline communities, and utility customers who are underserved by utility or electricity policies, programs, and systems due to geography, race, income, or other socioeconomic factors.
Connecticut's Affordable Housing Energy Efficiency Retrofit Legislation: In June, Connecticut enacted SB 356, which requires the Department of Housing to establish an affordable housing energy efficiency retrofit program. The program must award grants to fund the installation of energy-efficient upgrades to affordable housing, which upgrades can include the installation of rooftop solar photovoltaic panels, energy storage systems located on the customer's premises, electric vehicle charging infrastructure, heat pumps and balanced ventilation, and the mitigation of health and safety hazards to the extent such hazards impede the installation of energy efficiency upgrades and weatherization measures.
Report on US Home Electrification: Rewiring America's June 2021 report, Bringing Infrastructure Home: A 50-State Report on U.S Home Electrification, highlights the benefits of household electrification in terms of climate, household savings, and job creation, as well as the health benefits of improving indoor and outdoor air quality -- and then breaks it down into fact sheets for all 50 states and the District of Columbia. This report was issued in support of U.S. Sen. Heinrich's framework for Zero-Emission Homes legislation. The framework for this future legislation is attached at the link above, while the full legislation is still forthcoming at the time of this writing.

Upcoming Events

On July 22 at 10 AM EST, we'll be excited to join**the Atlanta Regional Commission in a webinar for local governments** looking to cut carbon emissions. We'll be discussing the LPDD project with an eye towards the many resources that modelclimatelaws.org offers for local and regional governments. Join us to learn more!

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