New Model Laws from the LPDD Team
Since the last newsletter update, the LPDD team has published three new model laws. They are listed below.
- Model Transportation Electrification Statute: This model statute requires state Public Utility Commissions (PUCs) and regulated utilities to work together in the development and approval of transportation electrification plans. Per the legislation, PUCs must convene all affected stakeholders in a collaborative technical conference to address the role that electric companies should play in the development of EV charging infrastructure. The model legislation details several issues to be addressed at such a conference. The law then directs electric companies to then prepare and file responsive transportation electrification plans, which the PUC is to consider and either approve or disapprove in accordance with its customary procedures.
- Model Federal Fossil Fuels Leasing Reform Act: This model law provides for ending new leasing of federal land for fossil fuel extraction in both the onshore and offshore environments. The model law is based partially on S. 750 and H.R. 2242, 115th Congress (the “Keep It in the Ground Act of 2017”), but differs in terms of provisions governing lease suspensions, cancellations, and extensions, and their use of terms.
- Model Curbside EV Charging and Reserved Parking Ordinance: In some residential neighborhoods, residents do not have the ability to install a charger on their property in conformity with zoning. A solution to this barrier to home charging would be to permit homeowners to install chargers at street curbs and to have exclusive access to parking beside those stations for nightly recharging of registered EVs. This model ordinance would permit homeowners to install one charger adjacent to the public right-of-way in front of their residence if they do not have a garage or driveway, in residential districts, and to grant the residents exclusive access to the parking space adjacent to the charger from 6 p.m. to 6 a.m.
Highlighted New External Resources
LPDD.org is being continually updated with new, external legal resources. Below is a brief selection of recently added resources of special interest.
LPDD.org is being continually updated with new, external legal resources. Below is a brief selection of recently added resources of special interest.
Proposed Ocean-Based Climate Solutions Act. In October, the proposed Ocean-Based Climate Solutions Act (HR 8632) was introduced in Congress. The proposed Act seeks to leverage the ocean’s potential in the fight against climate change by promoting offshore renewable energy, protecting “blue carbon,” supporting climate-ready fisheries, expanding marine protected areas, improving ocean health, and more. Significantly, the proposed law overlaps in scope with a previously published LPDD model law in terms of imposing monitoring, reporting, and verification requirements for US shipping emissions. The author of that LPDD model legislation, Mary Capdeville, has prepared a comparison memo of these two approaches, which is included among the resources related to both laws.
New York Climate Risk Disclosure Efforts. In the past month, New York took two significant steps towards requiring climate risk disclosure for banks and utilities. On October 15, 2020, the NYS Public Service Commission opened a proceeding to consider requiring investor-owned utilities to annually disclose what risks climate change poses to their companies, investors and customers. Also in October, New York’s Department of Financial Services called on state-regulated financial institutions to integrate climate change-related financial risks into their business strategies, risk management processes and governance frameworks — becoming the first U.S. regulator to explicitly make that request.
Climate Action Fund Ballot Measures. In last week’s election, Denver as well as three California cities—Berkeley, Long Beach, and Albany — all considered ballot measures to create climate action funds. These funds would allocate funding towards meeting each city’s climate action pledges. The various measure language and supporting legislation are documented at the link above. Though results are still unofficial, at this time, all four measures appeared to have passed.
Columbus Community Aggregation Ballot Measure. Voters in Columbus, Ohio approved ballot measure Issue 1, which starts a citywide community choice aggregation program, giving officials the right to purchase energy in bulk from local renewable sources. This would help Columbus to meet its goal of powering all homes and businesses with renewable energy by 2022.
Massachusetts Natural Gas Transition Proceeding: Following a June 2020 request from the state Attorney General, last month the Massachusetts Dept. of Public Utilities issued an order that requires gas companies to hire an independent consultant who will look into various ways that the companies might be able to help meet the State’s goal of getting to net-zero greenhouse gas emissions by 2050 while protecting ratepayers and ensuring energy reliability. This is one of a few recently launched natural gas transition proceedings around the country, where regulators are looking to engage gas utilities in planning for long-term greenhouse gas reductions.
Upcoming Events
ABA Networking Event, “Deep Decarbonization: Pro Bono Legislative Drafting Opportunities” (Fri. Nov. 20, 2020, at 1:00 PM on Zoom). Join members of the LPDD team as they discuss their efforts to turn the recommendations from Legal Pathways to Deep Decarbonization in the U.S. (Michael B. Gerrard & John C. Dernbach eds. 2019) into proposed model laws. They will discuss their progress so far and opportunities for other attorneys to get involved.
ABA Networking Event, “Deep Decarbonization: Pro Bono Legislative Drafting Opportunities” (Fri. Nov. 20, 2020, at 1:00 PM on Zoom). Join members of the LPDD team as they discuss their efforts to turn the recommendations from Legal Pathways to Deep Decarbonization in the U.S. (Michael B. Gerrard & John C. Dernbach eds. 2019) into proposed model laws. They will discuss their progress so far and opportunities for other attorneys to get involved.