LPDD September 2022 Newsletter
New LPDD Model Laws
This month, the LPDD team published a model state law for diverting food waste from landfills to eligible processing facilities (including industrial-scale composters) or onsite composters. The model outlines the parameters of a food waste diversion program, including options for who should be required to comply with the law (e.g., all residents of the state, only large food waste generators, etc.) and by when (e.g., all at the same time, phased-in compliance dates, etc.), and requires the state (or municipalities) to provide designated receptacles to any person required to comply.
New External Resources
modelclimatelaws.org is being continually updated with new, external legal resources. Below is a selection of recently added resources, particularly highlighting a suite of new environmental laws out of California:
The Inflation Reduction Act: With the passage of the Inflation Reduction Act, the United States takes the largest single legislative step in its history to combat climate change. This wide-reaching law touches on myriad sectors and sources of emissions, and, according to most estimates, makes the goal of reducing economy-wide emissions 40% over 2005 levels by 2030 attainable. A wider summary and links to other resources we've found valuable on this landmark piece of legislation are available on our website.
California 100% ZEV by 2035 Regulation: In August, California regulators adopted rules that would ban the sale of new gasoline-powered cars and light trucks by 2035. The rule establishes a year-by-year roadmap so that by 2035 100% of new cars and light trucks sold in California will be zero-emission vehicles, including plug-in hybrid electric vehicles. Seventeen states have adopted all or part of California’s low-emission and zero-emission vehicle regulations, and may soon follow suit.
- California's GHG-Neutrality by 2045 Law: In September, California passed AB 1279, which codified the state’s plan to reach economy-wide carbon neutrality by 2045. The bill also requires, by 2045, that statewide GHG emissions be reduced to at least 85% below 1990 levels -- meaning 15% of emissions may be offset or captured. The bill would require the State Air Resources Board to recommend measures to achieve these policy goals and to identify and implement a variety of strategies that enable carbon dioxide removal solutions and carbon capture, utilization, and storage technologies in California.
- California's 90% Zero-Carbon Electricity by 2035 Law: Under previous law, California required that eligible renewable energy resources and zero-carbon resources supply 100% of all electricity by 2045. In September, California passed SB 1020, revising that state policy to include interim targets of 90% by 2035, 95% by 2040, and 100% of electricity procured to serve state agencies by 2035.
- California Laws on Transmission Approvals and Reporting: In September, California passed two laws related to accelerating transmission approvals and reporting requirements. As California's grid grapples with how to continue expanding its renewable energy base, improved transmission planning and approval processes are paramount:
SB 1174 puts in place more expansive transmission reporting and planning requirements. Building upon reporting requirements in California's Renewable Portfolio Standard, SB 1174 requires each electrical corporation that owns electrical transmission facilities to annually submit to the PUC a report on any changes to transmission and interconnection facilities necessary to provide transmission deliverability to eligible renewable energy resources or energy storage resources. The law puts similar requirements in place for the PUC to report on transmission developments to the legislature, as well as to consider transmission developments within Integrated Resource Planning processes.
California's SB 529 requires the Public Utilities Commission to update its policies such that electrical corporations may more easily seek approval to build or expand transmission facilities, either through an exemption to existing requirements or what is called a permit-to-construct process. The law specifically provides that expanding transmission will not require a certificate of public convenience and necessity.
California Ban on New Oil Wells Near Residential: In September, California imposed a statewide buffer zone to separate homes, schools, hospitals and other populated areas from new oil and gas wells. Senate Bill 1137 prohibits the California Geologic Energy Management Division from approving a new oil well within 3,200 feet of residential neighborhoods, but would not ban existing wells within those areas.
ACEEE Report: Utility Transportation Electrification Planning – Emerging Practices to Support EV Deployment: In September, ACEEE published a report on state transportation planning, highlighting practices to support increased EV deployment. As some states require utilities to submit comprehensive plans detailing preparations for and impacts of the EV transition, this report reviews the plans of 11 utilities from around the country and assesses them on the following criteria: coverage of vehicle types and overall program scope; rates and managed charging; incentives; equity; education and marketing; metrics and progress reporting; and system planning.
DOE's Industrial Decarbonization Roadmap: In September, the Dept. of Energy released an Industrial Decarbonization Roadmap, which lays out a comprehensive strategy to reduce emissions associated with five sectors: chemical manufacturing, petroleum refining, iron and steel, cement production, and the food and beverage industry. Heavy industry is the source of about 30% of primary energy-related carbon dioxide emissions in the United States, the department says. Its approach will focus on energy efficiency improvements, electrification, the use of low-carbon fuels, and carbon capture utilization and storage.
Rethinking Manure Biogas: Policy Considerations to Promote Equity and Protect the Climate and Environment: This August report from the Environmental Justice Clinic at the Vermont Law and Graduate School dives deep into the existing policies incentivizing manure biogas operations, the environmental justice impacts of locking in existing systems of industrial animal agriculture, as well as alternative methods of capturing livestock emissions and recommendations for policymakers. The report focuses specifically on the equity implications of manure biogas, aligning with two Executive Orders by President Biden, “Tackling the Climate Crisis at Home and Abroad” and “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.”
Massachusetts' Act Driving Clean Energy and Offshore Wind: In August, Massachusetts enacted an "Act Driving Clean Energy and Offshore Wind," which builds on 2019 legislation and helps clarify how the state will meet its climate targets. The bill is wide-reaching and multisectoral. Key provisions of the bill include a 2035 ban on the sale of new fossil-fuel powered vehicles (contingent on California's rulemaking ZEV rulemaking, above, which subsequently advanced), removing price caps on offshore wind, and allowing 10 municipalities to ban natural gas in new buildings as part of a pilot.
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.