The grantor: Texas Commission on Envrionmental Quality

The grant: $1 million for a  10-megawatt battery battery storage project

The grantee: Luminant

What else do I need to know about this battery storage proeject?

• Located in West Texas
• Next to Luminant’s 180-megawatt Upton 2 solar power plant
• Will be the 7th largest battery storage in the US

Government Technology | Texas Bets $1M on Huge Battery Storage Project

Utility ownership of microgrids are favored in areas that are:

• communities more distant from the existing density of grid network assets
  • remote communities
  • island commuities
• also as more towns adopt mixed models, utility microgrids emerge

Clean Technica | Solar Emerges As Top New Microgrid Energy Source

A request for information from Los Angeles, San Francisco, Portland and Seattle that now exceeds $10 Billion for the development of EV charging equipment.

Why are cities combing forces?  leverage larger requests to attract more developers

Utility Dive | LA led way to leveraging EV RFPs, more cities follow with renewables 

What does the data say about cities and their use of energy?

• Cities consume 70% of the energy
• Cities areresponsible for more than 70% of global carbon emissions
• 20 cities look to partner in a RFP for renewable energy
  •  combined the 20 cities have 5,700 GWh of annual municipal loads
  • Cities with individual RFPs:
    • Philadelphia
    • Cincinatti
  • Cities with an RFI:
    • Los Angeles
    • San Francisco
    • Portland
    • Seattle

Utility Dive | LA led way to leveraging EV RFPs, more cities follow with renewables 

Cities, like traverse City, are concerned about the costs of replacing miles of pipelines.

Traverse City cwould need to replace 5 % over a period of 20 years at an “exorbinant cost.”

Traverse City Record Eagle | New water rules could soak ratepayers

Where: Portland OR

The ballot proposition: whether a licensing fee on large retailers should pay for clean energy projects

Governing | The Issues on Local Ballots: Teen Voting, Campaign Finance, Housing and More

What telecom issue is causing utilities concern? A FCC proposal to open 6G spectrum availability to unlicensed users on its 6 GHz band,

How could this impact utlities?

• Telecom regulations need greater focus on critical infrastructure sectors
• Utilities can communicate when systems are down on  their own information and communications technology (ICT) networks
  • This radion spectrum needs to be protected for emergency situations because the band is limited

How does come down by industry?

• Telecom + Tech v. Utilities

Utility Dive | Utilities worry FCC plan to open wireless spectrum could compromise communications

Who: County Council in Howard County Maryland

What: An ordinance to require all new buildings to have EV charging units

• new apartments. 1 charger, every 25 units
• new homes. capacity for a charger

Where: Howard Co., Maryland

Baltimore Sun | Howard legislation would require new homes to support electric vehicle charging stations

Colorado voters in Novmebr 2018 will vote on an Amendment  which concerns drilling near neighborhoods.

The impact of this amendment could impact Texas, Arkansas and Lousiana by:

• Colorado’s  top  oil  and gas drillers  are  subsidiaries  of  Texas companies
  • And have contibruted millions opposing the campaign
• Oil and gas services will be impacted, many of which are home to other states
• Investors impacted: financial services & private equity groups 

Red River Radio | Colorado Vote Could Affect Oil & Gas In Texas and Louisiana

WHO developed this magic tool? National Association of State Energy Officials + Cadmus

WHAT is this magic tool? THE RUBIC METHODOLOGY 

WHERE can I find ta cheat sheet to what policies are working with all this data on EVs?

• The evidence “clearly indicates the importance of vehicle purchase incentives in encouraging customer adoption. So which incentices work?
  • time of purchase are #1
  • rebates #2
  • tax credits #3
• What’s not working in terms of EV policies? EV government fleets.
  • Why?  “typically so small as to
    be relatively unnoticeable by the public.”

Utility Dive | New tool helps states identify EV policies that work, and those that don’t

Atlanta will require plug-in ready building for:

• all new residential homes
• all new public parking facilities
•  20% of the spaces in all new commercial and multi-family parking structures 

Vermont addressed EV readiness statewide by:

• establishing size requirements to trigger EV requirements
• applies to both commercial and residential projects
• when the size threshold is met, a certain percentageof EV supply equipment or EV-ready parking spaces are required

City Lab | The Grim State of Electric Vehicle Adoption in the U.S.

WHO: Oregon’s Pacific Power

WHERE: Oregon

WHAT:  a total of $1.5 million in grants for communities and businesses develop creative electric transportation infrastructure projects.

WHAT DOES THE GRANT COVER?

• up to 100% of eligible costs to purchase and install electric vehicle charging stations
•  all non-residential Pacific Power customers in Oregon are eligible to apply
• preference given to community-focused organizations, such as 501(c)(3) and city, county and regional governments.

Daily Energy Insider | Funding earmarked for electric transportation innovation

• American Electric Power in Ohio
  • $10 million in incentives offered
  • build out of 375 EV charging stations throughout the company’s service territory
• New Jersey: Public Service Electric and Gas Company
  • 6 year plan, the Clean Energy Future program
  • Support the development of nearly 40,000 EV  chargers
  • spanning a wide range of customers and sectors
•  Duke Energy in Florida
  • installing up to 530 EV charging stations across its service area
  • Park and Plug pilot program
  • to make charging ports available in multifamily housing complexes, workplaces and other high traffic areas

GovTech | Electric Utilities Plot Bullish Course for EV Charging Infrastructure

The Nature Conservacy offers the following regulatory/legislative changes for Texas water policy:

• Diversify. Water impacts a lot and policies should also address or complement:
  • food and energy production
  • wildlife and habitat preservation
  • health of our bays and estuaries
  • overall well-being and prosperity of our communities
• More innovation to protect future water supplies
• More information about water.
  • ​more funding to update water models
  • community outreach for  groundwater and environmental flows

Texas TribTalk | Checking in: The state of Texas water

WHO: CPS Energy working with Southwest Research Institute

WHAT:  $16 million project

• $3 million New Technology Implementation Grant from TCEQ

WHERE: 50 acres of land provided by Southwest Research Institute & will be constructed by RES Americas

PV Magazine | The shift is on: CPS Energy breaks ground on its first storage + solar project in Texas

• New York
  • New York has pledged 1500 MW goal qwith more than $40 million in stagte funding
  • part of a $1 billion solar project of the Governor
• California
• Utah
• Oregon
• Massachusetts

In Texas, the 5th largest installed solar capacity, 2 10MW projects were announced.

PV Magazine | New York to invest (another) $40 million in energy storage deployment

Who:Texas Alliance of Energy Producers &  the Independent Petroleum Association of America

What: “Sustainable Produced Water Policy, Regulatory Framework and Management in the Texas Oil and Gas Industry: 2019 and Beyond.” 

Where: Texas

What will this study focus on?

• consider the significant change in water volumes
• examine water recycling for the industry
• costs and benefits of water use by the energy industry
• associated environmental risks

Expected release: Spring 2019

Houston Chronicle | Energy trade groups partner on Texas water research project

• subsidies locals don’t like subsiding local development
• special perks tax benefits don’t allow businesses to make market corrections
  • they wouldn’t be as profitable without tax “perks”
• 3 examples:
  •  Won’t Feel Like Home, this group says wind farm will impact property values, property rights, and overall quality of life
  • Clay County Against Wind Farms echose what Won’t Feel Like Home Says
  • Don’t Blow It in Val Verde County says wind farms will impact border security operations, public parkland & ecotourism, and private property value

Empower Texas | TEXANS PUSHING BACK AGAINST WINDFARM SUBSIDIES

Jonathan Levy, VP for strategic initiatives at leading charger installer EVgo says utilities and regulators should:

• “adopt “tariff reform in general for [charging stations]
• prevent demand charges from being an impediment.”

Utility Dive | Are regulators hindering EV acceleration?

How are building codes amracing renewable energy? Green Roof Requirements

What is the economic argument? 

• PRO: Washington state Department of Energy and Environment found that $1 invested in green roofs generates $2 in benefits
• CON: University of Michigan found that a 21,000-square-foot green roof, for example, cost about $100,000 more to install than a conventional roof

Example building codes:

• San Francisco’s Better Roofs Ordinance mandates solar & living roofs on between 15% and 30% of new construction.
• Denver requires newly built buildings larger than 25,000 square feet to dedicate a portion of their rooftops to vegetation or solar panels
• Portland, Ore adopted an ecoroof requirement that requires vegetation must cover 100 percent of the roofs on buildings in the central city over 20,000 square feet

Governing | Green Roof Requirements Are On the Rise

Nevada’s SB 204 (2017 | NV) required the state utility regulator to determine if biennial targets for energy storage deployment by electric utility entities would be in the public interest.

How did this study work?

• Contract to study the question awarded to economists from Brattle Group

Study Findings:

• ” A 30% decrease in storage costs, from US$300 per kWh to US$210 per kWh could increase optimal deployment levels from 200% to 500%”
• cost-effective addition to Nevada’s future mix of electricity resources
• reducing system costs
• benefitting consumers
• “value across a range of applications and use cases, including for resource adequacy, renewables integration, T&D investment deferral, reducing generation costs, reducing customer outages, and combination of these benefits streams”

Energy Storage News | Energy storage procurement targets could work for Nevada, PUCN-commissioned study says

Who: Congressman Jeff Denham (R-CA)

Where: California

How is he trying to stop a water plan initiative, Bay Delta Plan,  in his district?

• DOJ lawsuit against California
• provision in a congressional budget bill to prevent federal dollars contributing and redirecting water to salmon populations
• White House asked EPA and Department of Interior to get involved
  • Interior is looking for a solution

Sacramento Bee | Denham is desperate to stop a California water plan. Nothing has worked – yet

WHERE: Camp Pendleton, CA

WHAT: A desalination plant plan by The San Diego County Water Authority

WHY: 

• costs
• permitting hurdles
• surrounding cities have adapted
  • City of San Diego developed their own water purification programs

Times of San Diego | Plug Pulled on Seawater Desalination Plant at Camp Pendleton Over Costs, Permits

Water Utiltiies should include residents in their Texas  2019 Water Conservation Plan because:

• residents and communities should receive transparency from their water utilties
• water utilities should engage in open dialog with the communities that they serve
• Engaged and informed consumers can make all the difference, including in the 12.3% of water that is lost by utiltiies from aging infrastructure and leaks

Trib Talk | National Wildlife Federation & Sierra Club-Lone Star Chapter | Water utilities should include residents in conservation planning

Where: Augusta County Farm Bureau in Virginia

The 6 reasons to oppose the Dominion Energy pipeline, adverse impacts to:

• groundwater
• crop production
• livestock health
• public safety
• our agricultural heritage
• common natural treasures

The News Virginian | Farm Bureau approves anti-pipeline resolution 

Nevada regulators adopted a 4 step plan for distributed resources that will:

• investor-owned utilities will be required to file every 3 years beginning 2019 to provide framework for distributed energy resources forecasting
• locational net benefit analysis, to better site distributed resources
• an assessment of grid needs to prioritize and screen projects addressing specific need
• hosting capacity analysis to identify where DERs can be developed on the grid

The Bill that got us to this point: SB 146 (2017 | NV)

Utility Dive | Nevada approves 4-part plan to integrate more DER 

what question is the Office of the Attorney General answering? Several questions about the authority of temporary directors of the Southwestern Travis County Groundwater Conservation District

What does the Opinion say about the authority of these temporary directors? 

• no authority to cancel the 2018 confirmation and candidate election
• temporary directors hold office and can exercise those powers expressly given them in section 8871.023 of the Texas Special District Local Laws Code until the initial directors are elected
• appointing officials may not withdraw their respective appointments
• There are 2 ways to remove temporary directors:
  • removal for misconduct
  • a quo warranto proceeding challenging the authority of the temporary directors to hold office

Any legislative loopholes that may need to be cleared up in 2019?

• Water Code Chapter 8871 “does not provide any mechanism by which the officials who appointed the temporary directors may withdraw their respective appointment.”

what else did we learn?

• there is “no authority allowing the temporary directors to cancel the confirmation and candidate election”
• Attorney General Opinion MW-380 is reiterated in that the “district is not created until approved at an election and that the directors cannot exercise powers granted until it is approved”
• Attorney General Opinion JC-0569 (2002) is cited in “that authority of unconfirmed groundwater conservation district’s temporary, but elected, directors is limited to that expressly granted to the temporary directors”

KP-0217 (2018)

The Question answered by the Attorney General’s Office: Whether a groundwater conservation district  (GWD) may amend a historic or existing use permit in specific circumstances

What’s the answer, can these permits be amended? 

• It is a question of fact that can be reviewed by the courts
• Chapter 36 of the Water Code most likely requires fairness in that GWD actions cannot “give an advantage to a historic or existing permit holder who seeks new use approval that is not available to other new use permit applicants”

What’s the rational?

• Cannot just look to the Court in Guitar
• GWDs also have to look to Edwards Aquifer case
• Together these cases mean: “ a change in the purpose ofthe proposed use ofwater to be produced under a historic or existing use permit is a new use, even if the new use would occur within the district.”

Any other big points in this opinion? Yes…

KP-0216 (2018)

Members of the Coalition:

• automakers
• electric utilities
• cities
• consumer groups
• unions
• environmental groups

3 Recommendations:

• Continue to increase fuel-economy standards;
• extend and improve the electric-vehicle tax credit;
• invest more from the federal government in finding and deploying innovative technologies.

NRDC: Commission Unveils Plan to Cut Transportation’s Energy Use

State: Louisiana

the legislation: HB727 (LA | 2018)

What does HB 727 do? 

• Makes trespass of critical infrastructure a felony
• Damage to critical infrastructure can trigger up to 15 years in jail

Lousiana Watchdog | Pipeline protesters’ trespassing arrests are first test of state’s new felony law

Opponents to a proposed power line in Franlin County Virginia are saying:

• attack on their way of life
• attack on their livelihoods
• destruction of their rural communities and wildlife 
• loss of tourism revenue for communities
• eminent domain shouldn’t benefit a private company
• reduce property values
• harm local revenues

WITF | Opponents speak out on proposed power line in Franklin County

Solar installations post-Hurricane Maria have doubled.

• From September 2017 to September 2018 10,000 residential solar plus battery storage systems installed
• Before then there was a total of 12,000 solar systems
• 22 cents per kilowatt-hour in Puerto Rico
  • these high energy costs are said to drive push to renewables
• Current Mix of Puerto Rico’s energy supply:
  • 3% renewable
  • 1% hyrdo power
  • 45% from petroleum
  • 34% from natural gas
  • 17%  from coal

Bloomberg | Rooftop Solar Nearly Doubles in Puerto Rico One Year After Maria

Texas and Southwestern Cattle Raisers Association’s Opinion: Texas landowners subsidize pipelines and powerlines says this happens in 3 ways:

• profits often outweigh the rights of landowners with some pipelines & transmission lines
  • agents may pocket any money budgeted that isn’t paid to land owners
  • disincentivizes fair offers to landowners
• Intimidation. The team of lawyers of pipelines and transmission line companies
• adequate offers are essential so landowners are treated like partners not pittances  

Where: New York

Agency offering an EV charging station rebate: New York State Energy Research and Development Authority

The rebate applies to EV charging stations built at: workplaces, office buildings, multi-family apartment buildings, and public locations such as theaters, malls, parks and retail locations

Details about the rebate program for EV charging installation:

• included in the “Charge Ready NY” initiative
• $4,000 rebate
• rebate is per charging port
• applies to public or private employers, building owners, municipalities and non-profit organizations to install Level 2 charging stations

EC&M | New York Launches EV Charging Rebate 

In Hayes County, TX  local officials are discussing ground water.

Here’s what they’re saying:

• Lon Shell, County Commissioner:
  • problems in current regulations
  • need new, sensible regulations
  • ground water regulation needs to protect property rights
  • ground water regulation needs to treat neighbors equally
• Linda Rogers, president of the Hays Trinity Groundwater Conservation District
  • system is not working
  • changes are necessary
  • water is a valuable resource
  • this is a property rights issue

Hayes Free Press | County officials question century-old water rights law

• More policies to encourage private investment in water
• Streamline TCEQ approval of water rights amendments
• Repeal the junior rights restrictions on interbasin water transfers
• “Clarify TWDB’s statutory authority in Regional Groundwater Management Areas to establish desired future conditions is consistent with the landowner’s right to groundwater in place”
• Legally integrate the Regional Water Planning process with the Bay/ Basin Environmental Flow process
• Codify policy objectives for environmental flow regimes to protect critical flows during drought and minimum standards for scientific
• “Clarify the “FourCornersProvision”(TWC11.122(b)) that a water right amendment for only a change or addition of use is not subject to administrative hearing.”
• Reinforce the value of water marketing for State Water Plan
• Allow for private development of new ground water supplies
• More ground water district transparency, more administrative record keeping & stronger conflict of interest policies

TPPF Legislator’s Guide 2019 

• Texas should keep suing over Clean Power Plan
• More transparency for renewable deals under Chapters 312 and 313 of the Texas Tax Code
• Make renewables pay for their costs to the grid
• Statutorily prohibit a capacity market
• Reorient/eliminate the Independent Market Monitor & regulation of market power abus
• Eliminate state & local subsidies/abatements for renewable energy
• Eliminate wholesale price caps
• Remove PUC ability to disgorge revenue
• Remove PUC’s ceasea nd desist authority

TPPF 2019 Legislator’s Guide to the Issues

Texas Property Tax Code Chapter 312 and 313 abatement agreements occur behind closed doors and heres what the Texas Public Policy Fundation says about them:

• The Texas tax Code is used to turn a profit on an otherwise bad renewable investment
• the process is hidden from the public, and th epublic should be able to stop it
• Local governments should pick winners and losers of investments by favoring certain businesses

The legislative Solutions:

• increase the transparency of the approval process
• extend the period of time that the public is aware that the process
  • public notification at the beginning of negotiations
  • 30 day opportunity for public input
• Align the time frames for Chapter 312 and 313 agreements

Texas Public Policy Foundation | HIDDEN FROM PUBLIC VIEW: Increasing the Transparency of the Chapters 312 and 313 Tax Abatement Process

WHO: Nissan and EVgo I-95 Fast Charging ARC

WHAT: the EV energy numbers from the Fast Charging ARC:

•  50 kW simultaneously at a power output per 4 super fast charger facility
  • A total of 52 fast chargers
• 150 kW fast chargers preparation required with pre-wiring for higher charging outputs 
• 80% charge in 30-40 minutes for a Nissan Leaf at one of the charging stations

WHERE: I-95 from Boston to Washington D.C.

NGT News | New EV Charging Corridor Launches Between D.C. and Boston

WHERE: Oklahoma

WHAT: New Oklahoma Rural Association

WHO are members of the ORA?

• energy
• agribusiness
• manufacturing
• financial services
• equipment
• utilities sectors
• including associations like: Farm Bureau, American Farmers and Ranchers, the Cattlemen’s Association
• corporations
• &  landowners.

Additional Issues they will engage the Legislature on:

•  education
• health care

The Oklahoman | New Oklahoma Lobbying Group to represent rural communities

Rolling Stone’s Blood and Oil MEXICO’S DRUG CARTELS AND THE GASOLINE INDUSTRY reveals that:

• Los Zetas began selling stolen gasoline around 2010
• “the businessman describes a dozen or more illegal schemes around the import and export of oil and gas between Texas and Mexico, everything from smuggling marine diesel in shrimp boats to passing gasoline off as unrefined lubricant to evade customs.”
• “tapping pipelines is “kid stuff.””
• The rela fuel theft is white collar in Mexico

For the 2nd Quarter the latest U.S. Energy Storage Monitor from Wood Mackenzie Power & Renewable Energy Consulting and the Energy Storage Association says:

• energy storage market deployed 156.5 MWh in Q2
  • thats a 24% increase over Q1
• a lack of supply will decrease this pace for the year’s remainder
• 2 policies that support residential energy storage:
  • changes in net metering programs 
  • utility tariffs shift to more time-of-use rates

Utility Dive | In first, US residential energy storage overtakes front-of-meter installations

IOWA

•  Iowa Utilities Board last week opened a rulemaking on electric vehicle (EV) infrastructure
• Iowa’s ORDER

CALIFORNIA

• California Public Utilities Commission approved $738 Million for EV infrastructure between the state’s three major investor-owned utilities

NEW YORK

• Gov. Andrew Cuomo has announced the launch of EVolve NY, a new $250 million electric vehicle expansion initiative

NEW JERSEY

• Utility PSEG has announced plans to spend $300 million on EV infrastructure as part of a multi-billion dollar clean energy and grid investment plan

Utility Dive | Iowa launches electric vehicle infrastructure proceeding

 Bernard L. Weinstein, Associate director of SMU’s Maguire Energy Institute, says the Texas Power Grid is facing:

• the hot summer had ERCOT working perilously close to its generating capacity of about 78 gigawatts
• Texas population is growing too fast to continue like this & “investment in new base-load generating plants has lagged”
• “utilities are leery about investing in new base-load power plants because of uncertainty about recovering their capital investments”

What solutions are proposed?

• remove subsidies for wind because they create market distoritions
• remove subsidies for solar because they create amrket distortions
• promote policies that stimulate new investments in base-load generation
• allow base-load power plants to include a “capacity payment” to cover fixed costs

Trib Talk | The Texas power grid: Skating on thin ice during a hot summer

By end of year 2017, US utilities increased battery energy capacity by:

• 68% total capcity with the installation of longer-duration batteries
• to 1.3 gigawatt-hours
• 31%  increase in battery power capacity
• 75% of the nation’s incremental battery energy capacity was in California
• California was also home to 60% of the cumulative energy capacity in 2017

PV Magazine | Grid-connected battery energy capacity grew 68 percent last year 

California legislative leaders are offering a proposal to allow utilities to offer bonds to recoup disaster costs and prevent rate spikes.

Sacramento Bee | Ratepayers would help pay off utilities’ fire debts under Legislature’s proposal

The legislation: SB 700 (2018 | CA)

What does California’s SB 700 do?

• Extends  its Self Generation Incentive Program through 2026
• support the installation of nearly 3 GW of behind-the-meter storage
• Enables the state’s residential solar industry to survive
• Regulators can collect up to $166 million per year from the state’s three large investor-owned utilities to fund SGIP

PV Magazine | California energy storage subsidy extension passes Assembly 

Colorado’s November ballot will have Initiative 97 which would:

• make 85% of non-federal land off-limits to future oil and gas exploration, drilling and production
• creates 2,500-foot buffer zones around “occupied structures” and “vulnerable areas” where future oil and gas production would be off-limits
• what does “vulnerable structure” include?
  • playgrounds
  • permanent sports fields
  • amphitheaters
  • public parks
  • public open space
  • public and community drinking water sources
  • irrigation canals
  • lakes and reservoirs, streams and creeks
  • “any additional vulnerable areas designated by the state or a local government”

9News | Colorado’s oil and gas industry will face a major ballot test in upcoming election

The study by Duke University researchers found that water use in the Permian had increased 767% between 2011 and 2016.

The response from  Texas Alliance of Energy Producers is:

• “If you use water to drill oil wells, and you drill more and bigger oil wells, you will use more water.”
• water use to for shale production is less than 1% of statewide water withdrawals

Houston Chronicle | Texas energy group takes issue with Duke University water study 

Ballot Initiative 108 in Colorado, also known as amanemdnet 74, would:

• protect water and mineral rights in addition to physical property
• how would it protect these rights?
  • by protecting  “all private property owners, including homeowners, businesses, farmers and ranchers, urbanites and suburbanites from state or local governments taking their property by reducing its value without compensation,”

OPPOSITION:  Colorado Municipal League

Natural Gas Intelligence | Colorado Energy Industry-Backed Initiative Qualifies for November Ballot, Along with Enviro Item

California Senate passed AB 2127 (2018 | CA) that will require coordinated EV charger station planning including:

• California Energy Commission sole authority to issue statewide EV needs
• more efficient use of public dollars
• smarter implementation of the state’s ongoing ZEV effort
• expand EVs as potential customers by expanding access

Utility Dive | California passes bill to coordinate EV charger planning 

• Connecticut

  • Eversource rate case settlement lowered its fixed charge from $19.25/month to $9.21/month
  • Result of a 2015 legislative change:
    • “a new statutory definition of what a fixed charge should be: the fixed costs, operations and maintenance expenses that are directly related to metering, billing, service connections and customer service.”

• New York

  • settlement of Central Hudson’s 2017 GRC, the utility’s fixed charge will drop from $24/month in 2019 to $19.50/month in 2021
  • How did it happen? 100 municipalities banded together and said no settlement without lowering fixed charges

• Colorado

  • Black Hills Energy (BHE) request for a fixed charge increase from $16.50/month to $20.13/month was declined and instead teh PUC recommended lowering it to $8.77/month
  • How did it happen?
    • The regulators said that the method of calculation used did not fully support the state’s public policy goals

  Utility Dive | Are regulators starting to rethink fixed charges?

A lawyer representing rural landowners writes:

• Private for-profit companies are given the government’s power to take private property under assumptions that this is good, common good
• Are we rubber stamping common good projects for public use/benefit?
• Why are we taking land before the process is approved by the courts?
• We need to look at the costs and benefits of eminent domain
• What happens to old pipelines and how does this get factored into the costs and benefits?
• Landowners are in an unfair situation when a deep pocketed private company uses eminent domain
• Landowners are paying for lawyers and that’s not factored into court awards
• What about the costs to re-arranging farming and ranching activities to schedule around pipeline construction?

He also suggests this reading:

With The Largest Oil Find In History in West Texas, Are Eminent Domain Laws Fair?” by Thure Cannon of the Texas Pipeline Association

“Texas Landowners Subsidize Pipelines and Powerlines” by Brian McLaughlin, Texas and Southwestern Cattle Raisers Association director

San Angelo Live Opinion | The Race to Build Pipelines from the Permian to the Gulf Coast is Trampling over Landowners’ Rights

Activists invoke States Rights to deny pipelines:

• Federal law allows states to deny Clean Water Act permits
• Tie the pipeline to the water supply damage

Has it worked? Yes in NY. In process in WA. Was involved in the Keystone XL court battles.

It has also sparked federal legislation by Repulicans to repeal state abilities to enforce the Clean Water Act in this manner.

NPR | Activists Have A New Strategy To Block Gas Pipelines: State’s Rights

A taking of private land by a private company for a pipeline results in no compensation from royalties, unlike a taking of property for solar or wind energy.

The difference in this compensation resulted in Clark Co. Wisconsin calling on the state to reform its eminent domain laws.

CWB Radio | Clark County Board of Supervisors Approves Resolution Asking Wisconsin to Review Eminent Domain Laws

WHERE: California

WHAT: California Governor Jerry Brown proposed plan to re-engineer California’s water network

HOW MUCH AFTER ACCOUNTING FOR INFLATION OVER 16, THE PROJECT TIMELINE:

•  $19.9 billion, a 22% increase
• $10.8 billion is Metropolitan Water District of Southern California agreed to spending
• $1.6 billion loan from the US EPA  was requested by south-of-Delta water agencies

Sacramento Bee | Delta tunnels cost soars to nearly $20 billion when accounting for inflation

WHERE: Missouri

What happened? Courts are determining whether EV charging stations are a means of obtaining a charging service or more like a gas station?

What’s the impact? If the EV charging stations are treated like gas stations then utilities can add EV charging stations in their rate base

What did the state PUC argue? That the EV charging stations offer a service, not the sale of electricity, and are not to be included in the rate base

What are Missouri courts saying? An Appellate court found that EV charging stations are like a gas station can thus costs are recoverable in the rate base

Utility Dive | Missouri court overrules regulators, finds PSC has jurisdiction over EV charging stations

The Texas Public Policy Foundation sued the City of Georgetown for failing to disclose  a payback analysis on solar panels at the city’s westside service center.

What’s the requestor say: wants access to information concerning the city’s return on investment

What’s the city say? the information is protected competitive business information

TERRILL Putnam v. City of Georgetown 

TPPF | TPPF Sues City of Georgetown for Public Information on Solar Project

Where:  Maryland

Who does the pilot program appliy to:  Anyone who wants to power their home with solar. Owners, renters, tree dwellers, 

How does the pilot ptogram work?

• subscribe to 1 of 6 solar power projects
• includes discounts off standard electric rates

WHY? Developers need users to build out their solar projects

How much community solar did the MD Legislature authorize? 200 megawatts, about 40,000 households, over 3 years

Governing | Solar Power Pilot Program Launched in Maryland

Where: Wyoming

Candidate: Current State Treasurer and Republican gubernatorial candidate Mark Gordon

The Divestment: Bank of the West divesting from all businesses involved in the production, exploration and distribution of natural gas and coal

The campaign response: The state would no longer bank or enter into contracts with the Bank of the West

Casper Star Tribune | Gordon: Wyoming closed for business to Bank of the West following divestment announcement

WHO | Crunched the Numbers GTM Research

The numbers for EV by 2030:

• 11% market share for EVs, up from current 3%
  • Bloomberg says 28% of all car sales will be EV 
• 40 million global charging points
• $13 billion in 2030 for yearly market transactions for energy and delivery of grid services in North America
•  $18.6 billion by 2030 for equipment, installation, analytics and operational services for EV charging infrastructure projects
•  12 million residential charging stations

PV Magazine | EV charging infrastructure market to reach $18 billion by 2030

CleanTechnica | GTM Peers Into The Future & Sees 40 Million EV Charging Stations Worldwide By 2030

Israeli researchers discovered irrigation systems can be hacked to drain local governments of water reserves.

MotherBoard | Hackers Could Cause Havoc By Pwning Internet-Connected Irrigation Systems 

WHO | What Desalination Plant is at the center? The proposed desalination plant at the Port of Corpus Christi TX

WHERE |  Port of Corpus Christi

WHAT | What is the opposition saying?

• Aesthetics The Port Aransas Conservancy says there is an aesthetic issue and they support preserving nature
• Financial It will harm tourism and fishing industries
• Location Support the desalination plant moving offshore

KRISTV | Group against proposed Harbor Island desalination plant

 WHO |  Energy Companies

•  Devon Energy $100,000 + (OK)
• Continental Resources $100,000 + (OK)
• Newfield Exploration Co. $100,000+ (TX Company)

WHAT |  Opposing Medical Marijuana Legalization by contributing $1.3 Million to Campaigns opposing medical marijuana

• Medical Marijuna proposition passed in OK

WHERE |    Oklahoma 
 

Brownsville Herald via AP | Energy companies opposed medical marijuana in Oklahoma 

The Coalition: Don’t Blow It Texas from Devils River Conservancy

Which wind energy project does the group oppose? future wind farm development in Val Verde County to built by Chinese corporation

What is the goal of the group? 

•  thoughtful regulation of wind energy development
• to save one of the last wild areas & ecotourism
• protect Border Security Operations
• harm property values

• Rhode Island
  • 2016 regulatory approval
  • PPA price of $244/MWh
• 2 Maryland regualtors have approved 2 offshore wind projects
  • 248 MW U.S. Wind project expected to come online in 2020
  • 120 MW Deepwater Wind project expected to come online in 2022
• Massachusetts regulators are considering a Martha’s Vineyard project this year
  • utilities would pay $74/MWh for the first phase of the project
  • utilities would pay $65/MWh for the second phase
  • capacity market value of the plant may be between $5/MWh and $10/MWh

Utility Dive | Massachusetts utilities file US-record offshore wind contracts at $65/MWh

DOE Secretary Perry looks to DOUBLE the number of utilties sharing cyberthreat information.

Why?

• Close collaboration between DOE and utiltiies helped thwart utilty cyber attacks last year
• DOE is increasing its cyber security efforts
• “We’re leading by example, by strengthening protection and response capabilities for our own power marketing administrations that fall under the DOE’s supervision,” Perry said.

FCW | DOE looks to double number of electric utilities sharing cyber threat data

WHAT: Most Texas cities repealed their sales tax on utiltiies in the late 1970s: 141 Cities in Texas repealed their sales tax on utilities

How can this sales tax be implemented: Some say it can be revived by city ordinance

Where is it being considered? El Paso as an alternative to raising property tax revenues

KVIA | ​City of El Paso Considering a Sales tacx for utility services. 

What entity is looking at a pumped storage project? Los Angeles Department of Water and Power

Where would the pumped storage facility be? Hoover Dam, which runs at 20% of capacity for generation

How would the pumped storage project work?

• solar and wind resources would pump water back up to Lake Mead
• water would be kept in Hoover Damn
• the stored water would be used for generation when needed

NY Times | The $3 Billion Plan to Turn Hoover Dam Into a Giant Battery. 

A Navigant research report on cyber security of utilities suggested recommendations for smart meter cyber security:

• robust security strategy
• clear breach response plan
• providing strong and constant security training to all employees

State Tech | Where Smart Utilities Meet Cybersecurity 

California legislature is considering AB 33 (2017-2018 | CA)  that would:

• PG&E issue state-authorized bonds
• The bond proceeds would pay to settle the more than 200 lawsuits sparked by the fires

California Governor Jerry Brown proposes reducing utility liabilty for wildfires by:

• Requiring a court to consider whether:
  • the utility acted reasonably
  • balance the harm caused to the property owner with the public good of the utility

Governor Brown Proposal July 2018 | 24759 CA Legislative Counsel Digest 

The California Public Utility Commission denied a rate increase for San Diego Gas & Electric Co.’s request to bill ratepayers for a 2007 fire.

How much did San Diego want to pass on to customers?  $379 million in costs

Why was the rate increase denied? A court found SDG&E didn’t properly trim trees near transmission lines

What’s the bargain in California when eminent domain is granted? In exchange for the power of eminnt domain, CA utilities are responsible for paying damages if their equipment starts fires, even if they aren’t negligent.

Local Government: Albany County

The local styrofoam ban: Impacts styrofoam cups, take away containers in all eateries

Background: In 2013 styrofoam was banned in chain restaurants, the 2018 proposal expands the ban to all eateries

Opponents, the New York State Chemistry Council Group​ say:

• “studies that show polystyrene is not a health hazard, not a carcinogen”
• costly to businesses

WNYT | Albany County Legislature holds public hearing on proposed expanded Styrofoam ban

The latest U.S. Energy Storage Monitor report from GTM Research and the Energy Storage Association finds:

• 2018 Q1 saw 36 MWh grid-connected residential storage deployed
• 2018 Q1 overall deployment of energy storage was 126 MWh 
• 2018 Q1 is as much as the 3 previous quarters
• 74% of the residential deployments were in CA & HI
• 95% of all residential storage is solar-paired
• 51% of deployments are commercial and industrial and the front-of-the-meter markets

The energy storagae deployiment increase is atrributed to: Policy changes in HI and CA that reduced net metering compensation

Energy Storage Assoc. | U.S. Residential Energy Storage Market Hits New Highs in Q1 2018 

New Jersey is considering S2805 (2018 | NJ) that will:

• 10-cent tax on every 1,000 gallons of water
• that’s about $32 per year per household
• fund upgrades to water pipelines

How old are New Jersey water pipelines? Hoboken uses pipelines from 1857, 1869 and 1897

The legislative goal: Cleaner water. NJ still has miles of lead water pipes

NJ.com | Will New Jersey tax your tap water? 

Wild fires in California coupled with utility liability issues have lowered credit rating issues from S&P Global Ratings.

S&P Global Ratings suggested action on state backed debt for utilities.

Without state backed debt, lower credit ratings mean less access to financial capital to pursue battery storage projects.

Press Telegram | A political firestorm is about to hit the Capitol: Who will pay for wildfire damages? 

Massachusetts H4739 (MA | 2018)  will require:

• The state’s Department of Energy Resources to study the “feasibility of mobile battery storage systems if downed substations would need an emergency replacement”
• the policy goal: “shave peak demand and lower distribution costs when not in use for emergency purposes.” 
• utilities to file annual electric distribution system resiliency reports to DOER

Mass Live. | Grid resiliency and energy storage bill passes Massachusetts House

Utility Dive | Massachusetts House approves study of mobile storage as grid resilience tool

Background: Missouri regulators had rejected an application that would grant eminent domain authority to the Grain Belt Express, in part, due to no service would be provided to person in Missouri.

Grain Belt Express over came regulators by:

• entering into an agreement to provide service to Missourians
• winning at the Missouri State Supreme Court which found that precedent requiring pre-approval of counties was not appropriate 

St Louis Dispatch | Missouri Supreme Court says state regulators erred in denial of Grain Belt Express transmission line

Utilities are said to be using Artificial Intelligence & Red Teaming.

Large  utilities like PG&E and Duke Energy have in-house cyber security whereas small rural providers, like Co-ops do these 2 things:

• outsource
• dual hat existing employees in control centers, which security experts say create a skills gap

CyberScoop | Electric utilities use red-teaming, AI to prepare for advanced threats

 Is the utility industry finally on it when it comes to cybersecurity? Or is it simply using techniques many other industries have deployed for years? Cyberscoop

Which entity detemrined the demand in electricity will rise 38% due to Electric Vehicles?National Renewable Energy Laboratory

What is the low estimate in electricty demand from EVs? 20% increase in electricty demand

What does this mean for utility growth?   Stagnant 1.65 utility growth will be replaced by  sustained absolute growth of 80 terawatt-hours per year.

National Renewable Energy Laboratory | Electrification Futures Study: Scenarios of Electric Technology Adoption and Power Consumption for the United States

The Massachusetts legislature passed  H.4739 (2018 | MA)  that will require utilities to:

• submit annual reports including “heat maps” that show areas of load and congestion on the grid
• solicit competitive bids for “non-wires alternatives” — such as storage or demand response — when their lines need upgrades

Mass Live | Grid resiliency and energy storage bill passes Massachusetts House

Massachusetts legislature passed H4739  (2018 | MA) that will:

• study the feasibility of mobile battery storage systems
• creates an Energy Storage Innovation Research Institute
• establishes a Center for Clean Transportation to conduct research and development
• creates new requirements for utilities to assess and improve their transmission and distribution systems

Mass Live | Grid resiliency and energy storage bill passes Massachusetts House

Why are straws an easy target for bans? Straws are considered nonessential 

Cities passing no plastic straw ordinances:

• Seattle
• Miami Beach
• Oakland

3 States that considered plastic straw bans in 2018:

• California, excludes take out
• Hawaii
• New York
• U.S. Virgin Islands

Companies vowing to end single use plastic:

• Virgin Companies 
• Alamo Draft House

Opponents to Plastic Straw Bans, from the Hawaii legislation:

•  Hawaii Food Industry Association
• Hawaii Restaurant Association
• Retail Merchants Association
• American Chemistry Council

Governing | Plastic Straw Bans Face Blowback

Forbes | Sir Richard Branson Literally Stands Up During Blockchain Summit To End Single-Use Plastics

St. Johns Source | Senators Hold Tree Protection and Plastic Straw Ban Bills in Committee

KVUE | ‘Straws suck’ | Alamo Drafthouse announces new eco-friendly initiatives

Washington Post | Seattle becomes first major U.S. city to ban straws

Federal Energy Regulatory Commission’s (FERC) May infrastructure update in May:

• 2.1 GW of new gas capacity
  • total capcity of 2,455 MW
  • 85% share of new resources
• fossil fuels’ share of energy consumption in 2017 was 80%
• 6,646 MW of new gas year to May
  • 1,956 MW of wind capacity for the year
  • 1,921 MW of new solar for the year
  •  total installed capacity in 2018 sits at about 43.5%
    • coal (23%) total installed capacity
    • nuclear (9%)
    • hydro (8.5%)
    • wind, (7.7%)
    • oil (3.5%)
    • solar (2.8%)

Utility Dive | Despite renewables gains, gas leads new US generation 

State: Mssachusetts

How did the limits on eneergy use for pot growers arise? A recommendation of the Cannabis Control Commission’s Energy Working Group

How much energy does an indoor pot growing facility use? 8 to 10 more than office space

Some say 3% of all California’s energy use is dedicated to pot growing

What limits are placed on MA pot growers?

•  36 watts of power per square foot of canopy for growing over 10,000 square feet of pot
• 50 watts for smaller facilities

is there a loophole? yes, pot growers who use renewable power

Bostonomix | How Green Is Your Weed? Mass. Limits Energy Usage For Marijuana Growers

Texas needs battery storage for renewable energy because:

• renewable energy providers can’t rely on ratepayers to cover costs
• energy entrepreneurs need battery storage to ensure profit for their investment
• it can show that a deregualted, hands off approach, yields big energy gains

Dallas Morning News | A big battery in West Texas might help your electricity bill

Refreshing our recollection. informed:intel June 19, 2018:

The solar project: Vistra Energy’s 180 MW-AC Upton County Solar 2 solar power plant

The battery storage project: 

•  AC-coupled facility will be a 10 MW / 42 MWh lithium ion battery
• peak output of ‘nearly 200 MW
• will capture the power that is being clipped
• will solidy the capacity of the solar project

Tax Benefits: the battery proejct is eligible for the Investment Tax Credit and bonus depreciation

PV Magazine | Texas to get its largest battery, coupled with its largest solar power plant

Renewables can benefit from the flexibility in cryptocurrency operations by:

• Over- generation User “By running off electricity that would otherwise be curtailed because of low demand, crypto-mining could allow more clean energy to be profitably built on the grid”
• Texas is a leader in intermitancy Texas has been a leader in dealing with intermitancy that can power crytocurrency
  • Texas “competitive renewable electricity zones”  
    • average wind curtailment in Texas decreased from over 16% to less than 2%
    • wind generation more than doubled
  • private investment in energy storage
•  Flexible Demand flexible demand option for crypto currency that can quickly ramp up operations during times of overgeneration

Trib Talk | Market operations engineer, ERCOT | Cryptocurrencies could increase capacity for renewable energy

State Regulator: California Pulic Utilty Commission

Energy Company: SoCal Edison

Overall ratepayer funded capital sought: $760 Million 

EV Charging Station Roll Out: So Cal Edison would install 48,000 additional electric-vehicle charging ports over 4 years

State policy goal achieved by access to ratepayer funds: California’s stringent greenhouse gas reduction targets

How to achieve the load shift: 

•  Shift EV load to hours of the day when there is excess generation
• Driven by large- and small-scale solar projects
• Making the the load is less costly to serve
• Eventually reducing costs and rates

Greentech Media | SoCal Edison Seeks $760M to Build 48,000 New EV Charging Stations

What use of eminent domain caused the legislation:    A school disrict in Pennsylvania needed to expand and made an attempt to use eminent domain for open space land

What was the legislative response?  Pennsylvnaia Legislature responded by enacting, and the Governo r signing, HB 2468 (PA | 2018) 

What does HB 2468 (PA | 2018)  prohibits eminent domain for open space unless:

• a court grants permission because there is no other reasonable and prudent alternative
• its a utility exercizing eminent domain if:
  • the utility is underground
  • does not permantly impact th eopen spaces benefited by the conservation easement

State: Vermont

Grid Security Partners:

• Protect Our Power, an independent, nonprofit organization
• The Institute for Energy and the Environment at Vermont Law School

Goal of Partnership: to make the grid more resistant to physical or cyber threats & to improve its ability to restore power quickly in the event of an attack

Outcome: offer regulatory and legislative proposals

Valley News | Vermont Law School Team to Research Electrical Grid Security 

State: California 

The grid regionalization bill: Assembly Bill 813 (CA | 2018) 

What Californias’s grid regionalization bill does: 

• broader electricity system for trading renewable energy
• source renewable energy from a wider geographical swath
• smoothing out the intermittency
•  potentially saving hundreds of millions of dollars

Opponents say:

• California loses control over the cleanliness of the energy mix
• Bolster out of state energy plant growth
• Moves energy jobs out of California to the new energy plants

Green Tech Media | California Tries Again With 3 Landmark Clean Energy Bills. This Time Things Are Different 

The companies : Blink Charging & Israeli smart city developer Ya’acobi Brothers Group

The benefits of EV Charging via city infrastructure:

• flexible charging to enable smart city infrastructure
• charging stations can be integrated with wif-fi, cloud networks, cameras

How do these EV chargers work? An energy management system allows optimization of the energy output

Utility Dive | Blink eyes significant EV charging expansion via smart streetlights 

 Bloomberg New Energy Finance’s annual electric vehicle outlook offers 3 insights on EV battery storage:

• Charging infrastructure is key to the prolifration of EVs
• EV Charging stations are going to be as crucial as parking spaces are today
• Charging Station proliferation will require coordination with city developers to add charging stations to new buildings, apartments and residences

Financial Review  |  EV charging points to become ‘as important as a parking spot is today’

New York enacted Assembly Bill 10474 (NY | 2018) which re-defines Value of Distributed Energy Resources by:

• fully and accurately account for the energy and  capacity value  of  the electricity generated

• include long-term value of public benefits provided by such resource, including but not limited to, grid security and resilience, climate security, reduced emissions of greenhouse gases and other air and water pollutants, and  reduced  exposure  to  fuel  price  volatility,  environmental justice attributes, and avoided societal and ratepayer costs from the reduction of energy  bills for low-income customers

• the definition must also be predictale and simple

Energy Manager Today | New York Assembly Passes Bill To Establish New Value For Solar Energy

Moody’s lowered its outlook on the U.S. regulated utility sector.

The new outlook is negative, a downward move from the formerly stable outlook. 

3 reasons why the increased financial risk outlook:

• lower cash flow 
• holding company leverage for regulated utilities
• Lower corporate taxes will result in lower cash flows for utilities and higher debt ratios

Utility Dive | Moody’s goes negative on regulated utilities for first time, citing tax law impacts

The solar project: Vistra Energy’s 180 MW-AC Upton County Solar 2 solar power plant

The battery storage project: 

•  AC-coupled facility will be a 10 MW / 42 MWh lithium ion battery
• peak output of ‘nearly 200 MW
• will capture the power that is being clipped
• will solidy the capacity of the solar project

Tax Benefits: the battery proejct is eligible for the Investment Tax Credit and bonus depreciation

PV Magazine | Texas to get its largest battery, coupled with its largest solar power plant

According to CBO it is $86 million from 2019 to 2023. 

How does the $86 million break down?

• 90%ish to pilot programs—to develop the physical infrastructure necessary to support pilot projects to test security-related technology (includes existing budgetary esimates for cyber 
• 10% ish to administrative regulatory costs, including databases and information-sharing systems

CBO | H.R. 5175 Pipeline and LNG Facility Cybersecurity Preparedness Act

Department of Energy’s Senior Cyersecurity Advisor rolls out a 3 Point approach to data security:

• Cybersecurity
• Energy Security
• Emergency Response (CESER)

FCW | How Energy’s new cyber shop will work 

State: Ohio

Orphan Well Legislation: HB 225 (2018 | OH)

Why did Ohio pass HB 225? Concerns that only 14% of the  state’s Oil and Gas Well Fund were being used for plugging orphan wells

What will H 225 require? 30% of the state’s Oil and Gas Well Fund to be spent on plugging orphan wells

Farm and Dairy | Ohio Legislature approves orphan well plugging bill