The LPDD team is excited to announce the publication of another new model law, a piece of state legislation establishing the lead agency for the permitting of biogas facilities and gathering lines. The model law was drafted by Michael Cummings and Christina Brusven of Fredrikson and Byron, P.A., and peer reviewing was contributed by Romany M. Webb, Senior Fellow at the Sabin Center, who is also the co-author of Chapter 26 of the LPDD text. It is available to view here.
Excerpted from the introductory memorandum to the model law:
To support the increased production of biogas and the delivery to end users, the LPDD text identifies the need for changes in the regulatory framework over biogas production and delivery facilities. Authority for the regulation of biogas production and delivery infrastructure is shared among federal, state, and local government bodies. To streamline permitting of biogas production and delivery facilities, the LPPD text recommends the following:
- State legislatures should designate a lead agency with responsibility for coordinating the various permitting processes for biogas facilities.
- State legislatures should designate a lead agency with responsibility for coordinating the various permitting processes for gathering pipelines needed for renewable gas.
This annotated model state legislation provides a template for state legislatures to designate a lead agency with responsibility for coordinating the various permitting processes for biogas facilities, including gathering lines and injection lines. The model legislation addresses only biogas and not other forms of renewable gas.