The LPDD team is thrilled to announce the release of a new model state law addressing the decarbonization of electricity generation. The model law was drafted by Craig Gannett, Patrick Ferguson, Katie Jorrie and Anna Fero of Davis Wright Tremaine LLP, in consultation with LPDD chapter author Jim Rossi, Associate Dean for Research at Vanderbilt University Law School. Rick Horsch contributed editorial oversight. It is available here.
Excerpted from the introduction to the model law:
This model state electric decarbonization statute is based on 2019 legislation enacted in Washington State, the Clean Energy Transformation Act (CETA), which commits that state to a retail electricity supply entirely free of greenhouse gas emissions by 2045. Where appropriate, the document references provisions from this and other similar decarbonization statutes to highlight key principles and policy options.
CETA commits Washington to a retail electricity supply entirely free of GHGs by January 1, 2045. CETA directly mandates utilities to achieve this end-state by meeting three increasingly stringent milestones. It facilitates compliance by assuring utilities that they will be allowed to recover prudently-incurred costs, providing alternative means of compliance during a transition period, and protecting customers against significant rate increases.
This model legislation borrows from CETA and notes relevant provisions and options for states regarding the phaseout of coal; nearer-term GHG neutrality and longer-term GHG phaseout; integration with regional energy markets; compliance options; the role of hydroelectricity and nuclear generation; protections for vulnerable populations and highly-impacted communities; and more.