Montana’s HB 286 (2019 | MT) limits state access to water rights in 2 ways:

• A court must determine that the state is an owner of a water right
• OR
• state is in possession of a deed transferring ownership of the water right 

How did this start? Natural Resources & Conservation Trust Land Management Division claimed partial ownership of private water rights if water was used on state land – even if the well was on private land.

TSLN | Farm Bureau applauds state land water bill becoming Montana law

Where: Kyle Texas

The Ordinance:  Oil and Gas Pipeline Building Ordinance

What does the  Oil and Gas Pipeline Building Ordinance do? sets rules for all pipelines going through the city limits

The rational for the ordinance: “recognizes the need to continue to regulate certain aspects of oil and gas pipeline activity as well as development in and around hazardous pipelines in order to preserve and protect the public health, safety, and welfare, and to preserve the quality of life and property values.”

The vote: unanimous

Hays Free Press | Kyle ordinance protects against pipeline incidents

Fuel retailers including:

• NATSO, the national association representing truckstops and travel plazas,
• National Association of Convenience Stores (NACS)
• Petroleum Marketers Association of America (PMAA)
• Society of Independent Gasoline Marketers of America (SIGMA)

Support private investment in EV charging infrastructure.

Oppose public utilities to “unfairly compete against the private sector by utilizing rate payer dollars to make such investments” Because it  “will effectively destroy the incentive for private sector investment”

CISION | Fuel Retailers Urge Lawmakers to Support Private Investment in EV Charging Infrastructure

Where: California

The legislation: SB 54 (2019 | CA)  and AB 1080 (2019 | CA) 

Goal of the legislation: Reduce single use plastic use in California by 75% before 2030

What companies will benefit? Recyled materials, wood pulp, paper, wood, compostable packaging

KPCC | Debating The Single-Use Plastic Bills Moving Through State Legislature 

Where: Louisiana

Who sued? Environmentalists

State or federal court? Federal

Why? Civil rights lawsuit challenging the constitutionality of a state law concerning protests at critical infrastructure

The Advocate | Protest a pipeline, become a felon? In Louisiana, that’s possible. Groups challenging new law 

Arizona Corporation Commissioner Olson continues to oppose an EV policy from the commission.

His opposition is:

• It does not prioritize afforable energy
• Ratepayer-funded subsidies for electric vehicles will drive up utility bills

AZ Central | Arizona’s utility regulators are making decisions that will needlessly cost you

The businesses: Honda & Ohio-based American Electric Power

What’s the plan? used Honda Fit EV batteries goe to AEP for use in the electric grid

2 Goals of the program?

•  develop technology and standards for future vehicle grid integration
• new business models to improve the value of EVs

Green Car Congress | Honda, American Electric Power developing 2nd life applications for used EV batteries

Inside EVs | Honda To Study 2nd Life Of Used EV Batteries In Ohio 

• Florida Business Trends
  • NextEra Energy Resources LLC combines storage with wind & solar to create a renewable energy power plant with guaranteed capacity
  • Florida Light & Power plans to build world’s largest battery, energy storage, that will allow it to shut down two aging natural gas units
• Texas Legislation SB 1941 (2019 | TX)
  • allows entities to contract for storage for reliability purposes
• Arizona Public Service Co
  • Will add 850 MW of battery storage over several years
• Southern Co.’s Georgia Power Regulatory Case
  • To add 50 MW of battery storage as part of its long-term resource plan
• North Carolina Regulators
  • Approved Duke Energy’s microgrid, part of the utility’s proposed 300 MW of storage

E&E | 5 state battles to watch

• Minnesota
  • backing the U.S. Climate Alliance
  • toward 100% “clean” or renewable energy
  • Governor put 100% clean move in the state budget
  • only legislative chamber to pass a 100% energy bill is in Minnesota HF 100 (2019|MN)
• Illinois
  • backing the U.S. Climate Alliance
  • toward 100% “clean” or renewable energy
  • Legislation to move to 100% clean
• Texas
  • Sierra Club says Texas will reach 50% within 10 years
• Michigan
  • backing the U.S. Climate Alliance
  • toward 100% “clean” or renewable energy
  •  
• Wisconsin
  • backing the U.S. Climate Alliance
  • toward 100% “clean” or renewable energy
• Nevada
  • 2050 goal for 100% clean
• New Mexico
  • 2045 goial for 100% clean
  • Public Service Company of New Mexico utility willbe 100% emission free by 2040
• Arizona
  • 2018 voters rejected a proposal of 50% renewables by 2030 for regulated utilities

E&E News  | 5 state battles to watch

Where: Utah

The tax cut proposal: Cut the 7.5% sales tax on equipment and materials used to coax hydrocarbon out of the ground

The legislation: SB 201 (2019 | UT) 

Salt Lake Tribune | Lobbyists ask Utah lawmakers to eliminate 7.5% sales tax to help oil and gas industry 

The start up:  Griddy Energy LLC, a Texas-based supplier

What’s the buiness model of Griddy? homeowners & businesses get direct access to the ups and downs of wholesale prices + a $9.99 monthly fee

Average customer price: 8.8 cents per kilowatt-hour

Bloomberg | Texas Startup Letting Homeowners Buy Wholesale Power Gets Funding to Expand

What is Asset-Backed Demand Response? 

• Provider installs, manages and operates the system tailored to the customer’s needs
• Ownership can be with the customer or NRG
• Microgrid reliability, power stays on when the grid goes down
• Customer makes little or no capital investment
• Holistic energy system
• Predictable energy spending

What does tge prodiver bring to the table for a customer agreement for asset backed demand response?

• Design of the actual microgrid technology
• Management of all third-party commodity agreements
• Support of grid reliability
• Coordination of bill management via single monthly energy payments

Microgrid Knowlwedge | NRG editorial team| Asset-Backed Demand Response: The ‘Next Big Idea’ in Energy

• Wind energy provided Starr County a diversified tax base & new stream of tax revenue
• The county economy was revitalized because of Chapter 312 and 313 incentive package it offered
• The county cleared its debt and has a established a Rainy Day Fund

How Wind Saved Star County | County Judge Vera

Where: Michigan

The pilot program name: ‘Charging Forward’ pilot 

The Public Utility Commission docket: Order  for  DTE’s transportation electrification pilot

What the EV pilot program looks like:

• utility will be allowed to invest $13 million
• campaigns for residential & commercial customers
• rebates for residential customers
• $20,000 rebates for electric charger site hosts

The EV Pilot goals:

• maximize program participation at the lowest cost
• test new technologies
• ensure EV charging loads maximize benefits to all ratepayers
• ensure investments in make-ready infrastructure
• address range anxiety and other barriers
• enable DTE to learn how to “manage charging times and locations, minimize investment in distribution infrastructure, and eliminate adverse grid impacts.”

Utility Dive | Michigan regulators approve DTE $273M rate increase, EV pilot, net metering replacement

Where: Seattle

What does Seattle’s ordinance do?

• Require charging stations at all new buildings with off street parking
• All residences with private parking must have one space with EV charging accessibility
• Multi-family residences with shared parking must have 20% of their spaces EV-ready
• non-residential buildings will need at least 10% of parking to be EV-ready

Statement by Mayor Jenny Durkan on City Council’s Vote to Approve Her Legislation That Ensures More New Seattle Buildings Are Ready for Electric Vehicles

UTILITY DIVE | Seattle passes EV readiness requirements

The story:

• A North Carolina Lawmaker is also a lawyer
• The lawfirm represents a large utility
• The lawmaker is accused on pushing legislation for the utility
• An ethics commission complaint was filed alledging he was profiting from the legislation

Tacoma News Tribune | AP | Group files ethics complaint against N Carolina legislator 

Where: Vermont

The regulatory rules:

• allow a premium rate by building smaller projects sited on landfills, sandpits and other less desirable properties
• the goal: move projects away from agricultural lands

Do Vermont regulators want to look at expanding this to cover other factors? Yes, to include tree clearing and grid congestion

Energy News | Vermont rules spur solar development on landfills, brownfields 

What does is talk of this proposal? The Minerals Security Act to bolster mining for the EV industry

Who is proposing it? US Senator Lisa Murkowski, R-Alaska & Senator Joe Manchin, D-W.Va

What would the legislation’s goals be?

• streamline regulation and permitting requirements for mines that can produce EV supply chain materials.
• targets lithium mining
• develop a national supply chain for EV materials

Electek | New US legislation would aid domestic mining of electric vehicle materials 

State : Vermont

The legislation: H214 (2019 | VT )

How does this bill allow natural gas permits to consider groundwater contamination?

• makes the environmental impacts of natural gas leaks a health and safety concern for Vermont
• uses a regional standard for groundwater impact with this drafting language: 
  • “impact of groundwater contamination caused by the extraction of the natural gas in the region where the extraction is conducted”

As an added bonus it also adds in these limits on financing pipelines:

• can’t be financed beyond the useful lifetime
• “shall not allow construction costs to be securitized on other utilities beyond the pipeline infrastructure”

NE Public Radio | House Committee Hears Testimony On Fossil Fuel Infrastructure Bills

Where: Maine

What: A ban selling or distributing polystyrene AKA styrofoam

What businesses are covered in the ban?

• convenience stores
• restaurants
• grocery stores 

3 Reasons why the stat ebanned styrofoam?

• detrimentally impacting Maine’s economy
• Top 10 items littered
• Doesn’t readily decompose & difficult to recycle in Maine

Governing | Maine Becomes First State to Ban Styrofoam

State: Vermont

Legislation: H175 (2019 | VT )

How does this bill ban pipelines from using eminent domain?

• Prohibits the construction or expansion if eminent domain is used
• to build infrastructure to “produce electricity, heat, or other energy using fossil fuel.”

Is this just a Vermont thing? No, Missouri legislature backed a ban on eminent domain for tranmsission lines that produce no benefit to Missourians

NE Public Radio | House Committee Hears Testimony On Fossil Fuel Infrastructure Bills

State : Vermont

The legislation: H51 (2019 | VT)

What would this bill do?

• Prohibit construction of fossil fuel infrastructure UNLESS
• construction project is certified by the Federal Energy Regulatory Commission

What does it mean by fossil fuel infrastructure? Pipelines by this defintion: 

• Fossil fuel infrastructure” means a structure and ancillary facilities used to move fossil fuel from one location to another, such as a natural gas or oil pipeline

NE Public Radio | House Committee Hears Testimony On Fossil Fuel Infrastructure Bills

Where: Grids in California, Wyoming & Utah

What: A “cyber event” interrupted grid operations, but did not lead to an outage

When: March 5th 9 a.m. until nearly 7 p.m

E& E News | ‘Cyber event’ disrupted U.S. grid networks — DOE

WHO: Coalition for a Fair and Open Port

Who is in the Coalition for a Fair and Open Port?

• Enterprise Products Partners LP
• Kinder Morgan Inc.
• Targa Resources Corp.
• Intercontinental Terminals LLC
• SemGroup Corp.
• Magellan Midstream Partners, LP
• Occidental Petroleum Corporation
• Vopak North America Inc.
• Apache Corp.
• EOG Resources, Inc.
• ConocoPhillips Company

What bills are they supporting? SB 1915 and SB 2223 (2019 | TX)

Why are they supporting these bills?

• SB 1915 restore good governance to the Port of Houston
• SB 2223 is the foundation for “capital investments and improvements can be made and, over the long term, maintains the dynamic “two-way” traffic”

Business Wire | Statement of Texas Energy Leaders about Port of Houston Legislation

Where: Alabama

What: stimulating the installation of new EV charging stations with incentives like Alabama’s state funded grant program

HOW: Governor’s Council created the Rebuild Alabama Infrastructure Plan

WHO has access to the grant program?

• municipalities
• counties
• universities
• other public institutions

Alabama Newscenter | Alabama EV charging station grant program could provide model for nation

No, the mineral rights owner will not have rights to pore space, the underground cavities, in North Dakota with the passage of this legislation.

The pore space will belong to the surface rights owner.

Why does this matter? Underground injection wells, who has access and ownership of underground cavities

WRAL  | Energy bill dealing with underground cavities becomes law 

This Journal of Environmental Economics and Management clocks a 29% decline in toxic emissions when local plants were covered by local newspapers.

Governing | When No News Isn’t Good News: What the Decline of Newspapers Means for Government

Where: Iowa

What: The Iowa Utilities Board order on a proposed electric vehicle (EV) charging stations rule specifies that EV stations are not considered public utilities under state law

What does this mean for rates?

• 3rd parties can set their own rates

• “If the electricity used for electric vehicle charging is obtained from a rate-regulated public utility, the terms and conditions of the service to the electric vehicle charging station shall be governed by and subject to the utility’s filed tariff,” the order says

IOWA Utilities Board | Order|  IN RE: ELECTRIC VEHICLE INFRASTRUCTURE

What Regualtory Body invoiced for a transmission line? New Mexico Public Utility Council

What company received the $39 Million invoice? Facebook

Why? The new transmission line only benefited Facebook & served no public benefit

Washington Post | New Mexico panel surprises Facebook with $39M utility bill

Nebraska has been debating a bill that removed the power of eminent domain for provate entities building wind farms.

Its been amended to do this:

• leave eminent domain in tact
• increase access to courts for property owners

AP | Nebraska advances scaled-back bill aimed at wind energy

The academics: The Energy Institute at HAAS School of Business, University of California Berkeley

Their arguments to support pay as your drive programs:

• The gasoline tax is highly regressive, and EV drivers tend to be disproportionately high income
• EV environmental damage is not ZERO
• EV cars still impact roads and impact congestion and traffic

Energy Institute at HAAS | Should Electric Vehicle Drivers Pay a Mileage Tax? 

City: Atlanta

Atlanta’s Clean Energy Plan: 100% Clean Energy by 2035

What were the local government mechanics to craft this plan?

•  Developed by the Mayor’s Office of Resilience
•  City Council Approval 

What does it mean for homeowners?

•  Rebates. rebates to Georgia Power customers who install energy saving improvements
•  Low Income Programs. round up electric bills to the nearest dollar to fund low-income energy efficiency initiatives
• Affordable solar. solar bulk purchasing programs

How does Atlanta define clean energy? wind, solar, existing and low-impact hydroelectric, geothermal, biogas and wave technology sources

WHAT 6 OTHER CITIES HAVE DONE SOMETHING SIMILAR?

• Aspen, Colorado
• Georgetown, Texas
• Greensburg, Kansas
• Burlington, Vermont
• Kodiak Island, Alaska
• Rock Port, Missouri

Atlanta Journal Constitution | Homeowners play a role in Atlanta’s Clean Energy Plan

State: California

California Gov. Gavin Newsom’s “strike force” on utilities and wildfires report is calling for state PUC reforms.

What PUC reforms are being proposed?

• expand the PUC’s safety expertise
• improve the PUC’s ability to review wildfire mitigation plans, conduct inspections and audits, and enforce safety standards
• Delegate more authority to staff for safety
• Limit the Commissioners to core questions of rate setting 

RTO Insider | Calif. Must Limit Wildfire Liability, Governor Says

State: California

Excuse, what? California is limiting liability who is recommending this? California Gov. Gavin Newsom’s “strike force” on utilities and wildfires report

What reforms are being proposed?

• equitable distribution of wildfire liability
• eliminate the existing strict liability standard
• liability should be based on the amount of wrong doing

RTO Insider | Calif. Must Limit Wildfire Liability, Governor Says

State: Colorado

The legislation: HB 1198 (2019 | CO)  Electric Vehicle Grant Fund

The urban-rural EV plan: The new EV fund would direct more funds towards EV charger stations that could not earn enough revenue from charing alone (rural areas)

Utility Dive | Colorado passes bill to avoid urban-rural divide on EV chargers

State: California

Legislation: SB 288 (2019 | CA)

Who does SB 288, the Solar Bill of Rights apply to?

• homes
• schools
• businesses

What does the Solar Bill of Rights say?

• “the fundamental right to generate and store renewable energy and to reduce and shape their use of electricity obtained from the electrical grid, whether their facilities are off-grid or interconnected to the grid”

The opposition:

• state’s investor-owned utilities
• The Utility Reform Network consumer group

San Francisco Chronicle |  ‘Solar Bill of Rights’ advances in California Legislature

Where?  Four Midwestern rural electric cooperatives

• MiEnergy Cooperative
• Richland Electric Cooperative
• Oakdale Electric Cooperative in Wisconsin
• Jo-Carroll Energy in Illinois

How?  testing installation of battery storage for residential customers

What? the coops want to see if it is economically will reduce peak demand or provide other benefits to customers

Energy News Network | Midwest co-ops test value of placing batteries in customers’ homes

The company: Apple

How is Apple meeting uts call to curb climate warming emissions? supply chain manufacturers are vowing to use 100% renewable energy

What’s the renewable energy use for Apple? 40% 

Is Apple doing anything else to promote renewables? Yes, “$2.5 billion in “green bonds” it raised for use in promoting renewable energy and climate-related projects.”

Washington Post | Apple takes step toward curbing climate-warming emissions from its supply chain

In Texas Attorney General Opinion KP-0247 (2019) lets u sknow that a ground water district can probably define these terms BUT ONLY IF the defintion does not exlcude items included in the defintions in the Section 36.001 Water Code.

Whose question is being answered? Chair Bob Hall

What question is being answered?  What is the authority of a groundwater conservation district to define the term “agricultural crop” for the purpose ofdetermining the applicable fe~ rate for “irrigating agricultural crops.”?

The St. Louis Dispatch Editorial Board raises these 3 concerns about a SB 93 (2019 |MO) about protestors at pipelines and other critical infrastrcuture:

• The bill impacts protestors from the RIGHT & the LEFT, such as farmers that protested the Grain Belt Transmission Line Project in Missouri. Both sides have Free Speech Rights
• When protestors engage their constitutional rights, trespeass and existing laws already make hugging a pipeline in protest illegal
• It subjects groups to 10 times ordinary penalties for the actions of a few of their members

St. Louis Dispatch | Editorial: Missouri bill aims to silence environmentalists. It could silence farmers, too.

Last week, FL GOP Governor created a Chief Science Officer to bring science back. This week, a 6 term GOP Mayor of Carmel, Indiana is in D.C. supporting climate change policies in Congress.

Why is this GOP mayor supporting cilimate change policies?

•  “the root of the word ‘conservative’ is ‘conserve.’”
• Congress should offer more Energy Efficiency and Conservation Block Grant
• What’s conservative about recklessly disregarding what the vast majority of the world’s scientists are saying?”
• A January 2019 AP Poll of Republicans shows 52% climate change policies

Governing | The GOP Mayor Pushing Climate Change Policies in Congress

Where: Florida

Who: Florida Governor Ron DeSantis (R) 

What: Florida’s Republican Governor appointed the state’s 1st Chief Science Officer

Why?

• Part of the Governor’s “focus on the environment”:
• The Chief Science Officer is housed in the state Department of Environmental Protection
• The Chief Science Officer will focus on:
  • water
  • algae blooms that impact fishing, swimming, tourism and wildlife
  • “Science is back in the state of Florida,”
  • The Republican Govenor takes climate change very seriously

Sun Sentinel | A First for Florida: GOP Governor Appoints Chief Science Officer

• prevent deregulated market rates from furthr decreasing
•  stifles competition for energy transmission 
• overturns a competitively awarded transmission contract
• coporate welfare bill

Citizens Against Government Waste | Texas House Bill 3995 Would Hurt Consumers in the Lone Star State

Let’s dig into Illinois’ Commerce Commission and its role in grid security:

• 2 years ago it opened its Office of Cybersecurity and Risk Management
• Which industries is it talking to when it wants to secure the state grid?
  •  electric
  • telecommunications
  • gas
  • water utility
• Grid securing also involved emergency management
  • collaborated with:
    • Illinois Emergency Management Agency
    • first responders
    • hospital officials

3 Take aways from the collaborative preemeptive planning:

• Utilities must be “vigilant and take base-level tactical actions to avoid creating unnecessary cyber risks”
• Human behavior is the weak point in security
• Be prepared for changes in the tools available to you to solve your problems

Energy News Network | In Illinois, utility regulators are playing bigger role in smart-grid cybersecurity

Where: Victoria County Texas

What: A district’s Brackish groundwater rules would allow “companies to pump as much as 16 acre-feet of water per year per acre owned in certain parts of the county if their well is deep and the water is salty enough.”

Goals:

• relieve pressure on freshwater supplies

What restrictions would be on companies?

• quarterly reports to the district
• cannot pump all their annual brackish water at once

Victoria Advocate | County’s flexible water rules could entice businesses

What are we talking about specifically? 2015, 2017 & 2019 legislative attempts by retail public water utilities to mandate how groundwater conservation districts should allocate groundwater rights

Texas Farm Bureau lays out 3 reasons why this taking water rights is unconstitutional:

• The groundwater rights were being allocated to the public water utilities without the owners consent, simply by location within a CCN
• The Rule of Capture decision by the Texas Supreme Court related to oil and gas should apply here too
• If retail utilities want the water, ask for consent and pay compensation

Huntsville Item | Taking water rights without consent is unconstitutional

• The Repeal Maine’s LD91 (2019 | ME) repeals its gross metering rule for solar.
• The Quasi Repeal for Business. How was the gross metering rule working out before this repeal?  The utlity commission had suspecnded the fee for business and industrial sectors
• The Refresher: What is gross metering? “requires customers to pay a delivery charge on power consumed behind the meter”

Solar Industry | Maine Legislature Approves Bill To Repeal Gross Metering

• 62% increase from 2015 to 2017
• 1,300 megawatts of DER in ERCOT by December 31, 2018
• 1 and 10 megawatts of DER in steady growth since 2015
• DOUBLE growth for small DER of less than 1 megawatt from mid 2016 through 2018

The study, “Valuing and Compensating Distributed Energy Resources in ERCOT,” is by the Texas Clean Energy Coalition & The Brattle Group.

Solar Power World | Study finds Texas is investing in more distributed energy resources

Where: Arizona

What happened?

• A new development sought water services
• Lawsuit ensued when the city used eminent domain
• The Arizona Supreme Court pointed to the AZ constitution to find that state regulatory body had no authority over a municipal utility

San Francisco Chronicle | Ruling: Utility panel lacks authority over eminent domain

The company: Solugen

Its “alleged” origins: a potentially former meth lab, rent was low

The decarbonization process by Solugen is as hazardous as making beer. 

For the science nerds, like me: “Solugen’s secret sauce is its ability to create oxidase enzymes cheaply that can be combined with simple sugars to make oxidation chemicals”

Tech Crunch | Meet the Texas startup that wants to decarbonize the chemical industry

Pennsylvania legislation wants natural gas pipelines to meet with county emergency coordinators prior to pipeline construction. 

The bill also seeks more citizen input via new commission to study pipeline construction & operations.

ABC 27 | Some state lawmakers question safety of natural gas pipelines 

Arizona’s Public Utility Commission public comment period for EV rules ended this month and here’s where it shakes out:

• Tucson Electric Power likes Demand-Side Management
• EVGo supports commercial charging rates are “critical for increasing the viability of transportation electrification for renters, fleets, rideshare drivers, and others who utilize public fast charging.”
• New Issues: appropriateness of utility-owned charging equipment?
• Arizona Public Service supports utility expansion of EV equipment
• Arizonans for Electric Choice and Competition supports EV expansion by the competitive market
• is there value of flexible pilot programs?

Arizona Corporate Commission EV Docket

Utility Dive | As Arizona’s EV policy takes shape, demand charges come under focus

• Low Job Numbers.  In 2018, 2 of 30 applicants said they would create the required 10 jobs
• Late Applications. Applications are submitted after projects have commenced
• Its ok because Sally & George did it too.  Applications have been approved because other applicants failed to meet standards so its ok that that applicant can’t meet standards either.
• Schools. Chapter 313 funds come directly from tax revenue that would otherwise fund schools
• Projected Costs  $1.1 billion a year by 2024 

Houston Chronicle | Solar companies flock to a Texas tax break with questionable payback 

Legislation in Oklahoma would require separate approval by a land owner before groundwater rights can be taken when surface lands are taken by eminent domain.

KWON | Sen Daniels Backing Groundwater Protection Rights  

“Massive corporate property tax breaks for renewable energy projects” are being lauded as standing in the way of available funding for schools according to Texas Public Policy Foundation.

TPPF wants to end Chapter 312 agreements.

Colorado SB 181 (2019 | CO) would give greater control to local officials over the location of oil and gas facilities. 

“Having permits be subject to a higher health and safety standards is not going to be devastating for the industry.”

Denver Post | Colorado’s tougher approach to oil and gas advances in House as Democratic lawmakers weigh climate change push 

California AB 495 (2019 | CA) would ban PFAS in cosmetics.

What are PFASes? “20 highly toxic chemicals including asbestos, mercury, lead, formaldehyde and fluorinated compounds”

The Hill | California legislators consider banning all cosmetics with cancer-causing chemicals

California, Hawaii and New Mexico have set 100% clean energy mandates.

The latest, New Mexico SB 489 (2019 |NM) will require:

• 100% carbon free electricity by 2045
• renewable portfolio standard will move to 50% by 2030 & 80% by 2040
• and allows for carbon capture technology paired with fossil fuel plants

Other states with similar legislation:

• Minnesota
• Washington
• New York
• Illinois

Utility Dive | Three’s company: New Mexico joins California, Hawaii in approving 100% clean energy mandate

Who is organizing the stakeholder group? Smart Electric Power Alliance (SEPA)

What’s the stakeholder group called? Transportation Electrification program

What stakeholders are included?

• utilities
• regulators
• automotive sector representatives
• charging infrastructure providers
• others

What is the stakeholder group working on?

• EV deployment
• Adding & managing more charging capacity
• Ensuring utilities have enough load

Smart Cities Dive | Smart Electric Power Alliance launches EV research program

Minnesota’s HF 2233 (MN | 2019) creates incentives for EVs but also includes a set aside up to $1.5 million for grants to fund public-charging infrastructure.

E&E NEws | Some fear wave of EV fees might swamp emission goals

SB 1435 (2019 | TX)  Would require property owner notification of major modifications of existing easements.

HB 2470 (2019 | TX) would permit landowners to seek recovery of loss of value to their property due to an easement

Why are they talking about this? A neighborhood bifurcated by an 80 foot transmission line easement added transmission towers to the easement.

Houston Chronicle | Bills filed to protect homeowners near transmission projects 

• energy storage cpaacity expected to double in 2019, deploying 1,681 MWh
  • In 2018 350.5 MW, 777 MWh was installed
• 53% of it is behind themeter storage
• Annual deployments to exceed 4.4 GW by 2024
• Price reductions in costs are roughly 6% due to supply shortages

Hotspots for energy storage growth:

• California
• Texas
• Hawaii
• New York

Utility Dive | US energy storage market expected to more than double in 2019, report says

Whose poll is this? Conservative Texans for Energy Innovation (CTEI)

Pollsters: n Republican polling firm Public Opinion Strategies

What were the results?

• Help the economy and create jobs (63%) 
• Improve reliability of the electric grid (63%) 
• Increase customer choice (75%) 
• Help Texas continue to lead the nation in energy technology (79%) 
• Result in more energy innovation (81%)

www.conservativetexansforenergyinnovation.org Poll: Republican and Independent Texans Strongly Support Responsible Clean Energy Solutions

A natural gas pipeline project in Pennsylvania raised concerns over property rights, the environmental effects and quality of life issues is giving rise to a proposal to create a pipeline moratorium that will:

•  2 years long
• Allow the legislature  to develop regulatory process regarding the safety of pipelines carrying highly volatile liquids
• the use of eminent domain by pipelines that carry highly volatile liquids

Daily Local News | Local lawmakers announce formation of pipeline safety caucus

Where: Pennsylvania

Why?  package of comprehensive pipeline safety bills that address:

• environmental violations
• public safety concerns
• geologic problems
• private property rights
•  water rights
• quality-of-life issues

Daily Local News | Local lawmakers announce formation of pipeline safety caucus 

Pennsylvania Public Utility Commission removed barriers that prevented 3rd party ownership of EV charging stations.

The regulatory changes:

• EV charging stations will not be considered “resale of electricity”
• EV stations will be excluded from pricing requirements of the state’s Public Utilities Code

Utility Dive | Pennsylvania removes barrier to third-party EV charging station ownership

Missouri’s HB 482 (MO | 2019)  excludes from open records related to critical infrastructure including:

• utility documents that would be a threat to public safety if released, including computer systems and physical sttuctures
• the exclusions are limited to entities regulated by the Missouri Public Service Commission.

Beloit Daily News | HOUSE COMMITTEE PROPOSES TO EXEMPT CRITICAL INFORMATION FROM OPEN RECORDS LAWS 

The County: Hays

The pipeline project: Permian Highway Pipeline

The reasons for opposing the Pipeline:

• The company has not engaged with impacted landowners
• Asks the LEgislature:
  • adopt stricter eminent domain laws
  • approve environmental and economic impact studies be done for all oil and gas pipeline developments
• Safety

UNIVERSITY STAR | Hays County Commissioners Court opposes pipeline

Missouri’s HB 1062 (MO | 2019) remnoves the power of eminent domain for transmission lines that meet these 4 requirements:

• a high-voltage direct current electric transmission line
• that does not provide for the erection of electric substations at intervals of less than fifty miles
• which substations are necessary to accommodate both the purchase and sale to persons located in this state
• is a private entity

Iowa’s HSB 185 (IA | 2019)  would impose a $400 annual tax on solar installations to cover the cost of connecting to the grid.

Opponents say Iowa loses solar employment.

Supports say it is fairness for use and maintenance of the grid.

The Gazette | Utility-backed ‘sunshine tax’ for solar energy advances in Iowa House 

What sparked the concern about EV chargers impacting grid security? Schneider Electric issued 3 security updates for its EV chargers

What researchers are studying EV grid security?

• Idaho National Laboratory
• charging-station vendors ABB and Tritium
• 2 utilities, unnamed
• Electrify America
• Oak Ridge National Energy Lab
• The National Renewable Energy Lab

cyberscoop | Power struggle: Government-funded researchers investigate vulnerabilities in EV charging stations

City: Seattle

The EV requirements: 

• 10% of parking spaces at commercial uildings must be EV ready
• residential homes will be required to have 1 EV space
• multifamily buildings must be 20% EV-ready requirement

Smart Energy | Seattle mayor calls for EV readiness 

This week the US Supreme Court heard  Cty. of Maui v. Hawaii Wildlife Fund, U.S., No. 18-260 which could impact wastewater discahrge by:

• factories
• pipelines
• sewer systems
• power plants
• petrochemical industries 

What is at issue? the impact of wastewater that seeps into groundwater 

The Supreme COurt is expected to answer whether “businesses freely dispose of pollution into a groundwater source if that pollution eventually flows into a body of water on the surface?”

Water Wastewater Digest | SUPREME COURT TO HEAR GROUNDWATER POLLUTION CASE

Los Angeles Times | Supreme Court to decide if Clean Water Act limits Hawaii’s underground wastewater dumping 

Who is making recommendations? Pennsylvania’s Department of Environmental Protection

What are the 3 recommendations for utilties to invest in EV?

• transportation electrification
• establishing statewide sales goals
• expanding an alternative fuel investment grants program for municipalities, businesses and organizations

3 Ways the EV investment can benefit utilities:

• invest in EV infrastructure to benefit drivers and the grid
• support fleet EV purchases for government
• Innovative financing program support through utilities for storage and charging

What company is bringing the world’s largest battery storage to West Texas?  Intersect Power LLC,

Where: Borden County, Texas

When: 2021

How big? 495-MW storage connected to a solar farm

Oil Price | The World’s Largest Battery To Power The Permian

The report: The Competitive Electric Market –Shocking Charges Harm Consumers

The report is by: Texas ROSE, an energy consumer advocacy group

The report suggests the folowing would improve transparency for consumers:

• more standardized presentation
• definition of the fees
• not all products sold to consumers are publicly available
• greater outreach and education
• cap excessive fees

• Pacific Gas and Electric
• Southern California Edison
• San Diego Gas & Electric
• New Jersey’s PSE&G

What potential retail options do EV chargers offer?

• advertising space
• convenience items
• memberships/subscriptions for discounted charging rates
• residential installation services

Future Car | EV Charging Sector Attracts Companies from “Big Oil” and Utilities

There’s a Caucus: At least in D.C., there is the Advanced Energy Storage Caucus

What the bipartisan group is saying:

• Energy storage is the future of renewable energy.
• Cheap grid-scale storage means that renewables can compete with fossil fuels on cost alone.
• This is not only better for our environment, but also makes our national grid more secure from natural disasters.
• energy storage means energy independence

Battery Council | Bipartisan Agreement: Energy Storage Is The Future Of Renewable Energy 

• most effective way to reduce damage:  installing physical barriers around substations and armoring transformers were the most effective means of reducing damage
• “security mitigation strategies are most effective when focused on improving physical barriers”
• “highest level of security upgrades considered by McGrath—daylight-quality lighting, removing vegetation, extensive physical barriers, advanced sensors, and a patrolling security guard—reduced the damage to less than one transformer damaged and none destroyed by amateur attackers.”

Who is behind this analysis? Georgia Institute of Technology graduate with a PhD in Public Policy

Wherer can I find her thesis? “Resilient Infrastructure Systems” for the peer-reviewed journal Infrastructures in November 2018

The data: modeling showed that an attack would “damage 77.3% of the model substation’s 20 transformers but destroy just 4.65% when only basic security measures”

Power | Concrete Better Than Cameras in Protecting Grid

The researchers: Protect Our Power by Vermont Law School’s Institute for Energy and the Environment

The study: 6 month study of electric grid security of:

• utility commission dockets and orders
• state statutes and regulations
• cybersecurity policies
• interviewing representatives of investor-owned utilities, national trade organizations, public utility commissions, information security officers 

The regulatory concerns raised:

• regulators need to improve addressing anticipatory threats
• “improving the depth, quality and consistency of efforts to address cybersecurity vulnerabilities”

How can this be addressed?

• Continuous communication between utilities and their regulatory commissions
• Legal tools to “evaluate and support such investments”

Smart Energy International | Researchers identify chinks in utility cybersecurity armour

 Iowa Utilities Board this week:

• moved toward removing EV chargers from the definition of public utility
• moved regulation of the EV chargers to “the terms and conditions of the service to the electric vehicle charging station shall be governed by and subject to the utility’s filed tariff.”

Iowa Utilities Board Rule Proposal 

Utility Dive | Iowa proposes rules for commercial, public EV chargers

Who is making the recommendations? Texas Public Policy Foundation

What is the Texas Public Policy Foundation espousing?

• Look to Minnesota that passed a law recognizing a right to the wind that flows on and over property
• Does this curb expansion of wind energy? No, they can buy land or buy easements

• “All property owners should have the ability to harness the resources that their land affords them.”

  TPPF | Assigning Property Rights Through Wind and Solar Easements 

   

Nebraska LB 155 (NE | 2019)  eliminates eminent domain authority for private renewable energy facilities. 

This bill retains eminent domain authority for consumer-owned electric supplier.

Where: California

What? Draft legislation  proposed by SDG&E would determine how energy-purchasing responsibilities could be transferred from investor-owned utilities to a state-level entity.

Why?  investor-owned utilities are losing  customers to government-run power providers

How would this bill draft address the issue?

• Task Force  to handle the transfer of energy purchasing
• investor-owned utility will still operate the power grid

LA Times | California’s biggest utilities are losing their monopolies. Is that a good thing?

Where: Massachusetts

Who: Massachusetts Department of Public Utilities

What? The Department of Public Utilities approved the following 4 items:

• On-site net metering: “a storage resource solely charges from a net metering facility such as a solar component and doesn’t export power to the grid;​”
• Net metering and exports: “a storage resource charges exclusively from the net metering facility but is allowed to export power back to the grid;”
• Non-export: “a storage system charges from either a net metering facility or the grid, but cannot export back to the grid — ideally for the use of backup power during severe weather”
• storage capacity ownership. owned by the host customer, not the utility

Utility Dive | Massachusetts opens revenue stream to advance solar-plus-storage

Wyoming Legislature is considering a bill to protect energy infrastructure from protestors, and amendment added the following to the list of critical infrastructure:

• police stations
• schools
• hospitals
• state agencies

The full text of the amendment

HB 0010 (WY | 2019)

Casper Star Tribune | Wyoming Legislature won’t increase wind tax, but other energy bills survive halfway point 

New Kid on the Block in California’s Community Choice Aggregators:  Clean Power Alliance

What does a Community Choice Aggregator Do?

• The policy goals are to:
  • reduce rates
  • increase the use of climate-friendly energy sources (wind and solar)
• The practical application is:
  • Community Choice Aggregators generate power
  • Rely on another entity to distribute the power on its lines
  • Rely on another entity to handle billing
  • Do not have responsiblity for owning or operating the electric grid
• Supporters Say:
  •  “improvement on investor-owned utilities”
  • “shift control from private monopolies to local governments”
  • allows for “creative ways to encourage clean energy technologies”
• Opponents say:
  • They have no financial ability to grow
  • They won’t help California reach ots clean energy goals

LA Times | Here’s how local governments are replacing California’s biggest utilities

Nebraska LB 373 (NE | 2019)  estbalishes these statewide standarsd for wind development to protect landowners:

• counties must adopt zoning requirements for wind farms that address set-backs, noise & decommissioning
• creates a civil cause of action for landowners who think their property has been devalued because of the wind farm
• 2 year grandfather clause

Scotts Bluff Star Herald | Two bills aimed at protecting landowners from wind farm developments

Virginia law makers reached a deal to require a utility to excavate and recycle 25% of the coal ash at coal plants. 

Supporters argue it protects ground water. Supporters also found it cost effective to recycle ash.

Utility Dive | Virginia lawmakers strike deal on bill directing Dominion to excavate coal ash

New Mexico Governor announced a 4 step plan to build his state into a clean energy leader:

• Building Code changes
• Cut carbon rates by 45% by 2030
• Reduce methane pollution from oil and gas wells
• New vehicle emissions standards with a ZEV program to encourage EV use

NRDC | Governor Grisham Powers Up New Mexico’s EV Market

Nebraska LB 155 (NE | 2019) would prohibit eminent domain authority for transmission lines for renewable energy that is privately developed.

North Dakota Legislature is taking a 2 step legislative approach to protecting critical infrastructure:

• SB 2209 (ND | 2019) protects from open records disclosure information concerning critical infrastructure.
  • it does it by expanding the defintion of critical infrastructure to include coal, hazardous liquids, energy, feul supply, utilities, natural gas
  • it also adds to the already protect4ed security measures any documents related to disaster mitigation, preparation, response, vulnerability, or recovery, or for cybersecurity planning, mitigation, or threat
• SB 2204 (ND | 2019) makes tampering with or damaging critical infrastructure facility a felony

HPR | NEW BILLS TARGET PROTESTERS, FIRST AMENDMENT 

Who is asking? Andrews County/District Attorney

What did they ask?  What is the authority of a county commissioners court over disbursing funds received from a compact waste disposal facility under Health and Safety Code section 401.244?

What’s the answer?

• The funds are public funds.
• This triggers requirements of Texas Constitution article III, sections 51 and 52.
• This means the County has to retain sufficient control over the funds

KP- 0234 

• wind & solar are complimentary “combining wind and solar can even out discrepancies between how much demand is met at different times of year.”
• significant gains in grid reliability and resilience by ramping up complimentary wind & solar
• West Texas wind paired with solar provided the highest levels of firm capacity at an 87.5% threshold

Solar Magazine | Tripling Firm Solar, Wind Energy Output in Texas by Capitalizing on “Complementarity” 

• stronger poles can withstand up to 145 mph winds
• insulated lines protect against arcing and short circuiting
• bury lines to avoid damage, some estiamte that’s $3million per mile
• sensors & reclosers to re-route power
• weather station installation knowledge is power
• wildfire cameras to immediate assess power and reconstruction needs

Wall Street Journal | What Utilities Can Do to Strengthen the Grid

Where: Virgina

Whom: Dominion

What: Dominion wanted to recoup grid security costs required by the 2018 legislature. The state regulatory body rejected the following spending for recoupment:

• smart meters
• grid hardening
• “intelligent grid devices”
  •  to improve reliability and resiliency “while supporting distributed energy resources integration.
• emerging technology
• a total of more than $5 billion including financing costs

What Dominion grid security improvements were approved in the rate case?

• cyber security
• conventional security measures like barriers at distribution substations
• a total of $155 milion

Virginia Mercury | State Corporation Commission rejects billions in Dominion grid spending

Entering new territory is  Momentum Dynamics that will offer  high capacity charging up to 300 kW for commercial trucking. 

The kicker: the 300kW charging will be wireless.

Hello to all the regulation and legislation word watchers. Does your bill or rule address wireless charging? Probably not.

Truck News | Volvo invests in wireless EV charging

It’s happening…

The UK has 27 feasibility studies on EV charging in commercial and public spaces.

The pluses of wireless EV charging:

• allow drivers to stay in their vehicles
• safer, more secure vehicle
• greater productivity
• lower cost

Air Quality News | Could wireless charging boost EV use?

 HB 862  By Anchia
Relating to the calculation of charges for a gas utility customer after a leak is detected.

 HB 863 By Anchia
Relating to gas pipeline operator reporting of pipeline incidents; clarifying changes to related administrative penalties.

 HB 864 By Anchia
Relating to pipeline incident reporting requirements for gas pipeline operators; clarifying changes to related administrative penalties.
 

HB 865  By Anchia
Relating to the maintenance of records concerning pipeline incidents.

 HB 866  By Anchia
Relating to the replacement of certain gas pipelines with plastic pipelines; clarifying changes to related administrative penalties.
 

HB 867 By Anchia
Relating to written disclosure of gas pipeline leaks to gas distribution customers; clarifying changes to related administrative penalties.

HB 868  By Anchia
Relating to gas pipeline operator disclosure of the location of pipeline leaks; clarifying changes to related administrative penalties.

Dallas Morning News | Dallas lawmaker introduces sweeping reforms to protect the public from gas leak explosions

Background: Georgetown TX has 20- and 25-year contracts with solar and wind energy providers at a 2012 fixed rate. Energy prices have fallen since 2012.

What does this mean?

• Georgetown is stuck with energy it thought it could sell back
• It spent $8.6 M than it budgeted for energy
  • To adapt, the city delayed nonessential hiring and capital improvements
• The City saysthe economic value of its renewable choices is $19M

Texas Public Radio | ‘Green’ Texas Town Faces Budget Crunch As Energy Prices Drop