Monthly State Team Wins

Massachusetts Governor signs climate and emissions bill

On March 25, Massachusetts Governor Charlie Baker signed the climate policy bill approved by the legislature on March 18. The bill, S. 9, creates a path toward achieving net-zero carbon emissions statewide by 2050 by setting interim targets for emissions reductions, committing to an additional 2,400 MW of offshore wind energy, developing efficiency standards for appliances, and taking steps on environmental justice. Lawmakers passed the legislation a second time after Baker had vetoed an earlier version, this time including several changes proposed by the Governor. The revised version did maintain the emissions-reduction interim targets. Contact Andrew Gohn for more information.

ACP helps fund North Dakota State University economic benefits of wind study

In January, North Dakota State University (NDSU) released a study “Wind Energy Industry’s Contribution to the North Dakota Economy in 2019”. The study details generation capacity, property tax revenues, land lease payments, employment, and total economic benefits from the wind industry to the state. The study was supported by ACP through the Wind Industry of North Dakota (WIND) group. The study will be used to advocate for clean energy policies as North Dakota continues its “all of the above” energy strategy. The executive summary is available here and the full report is available here. Contact Jeff Danielson and Ann McCain for more information.

Wind energy/military compatibility bill in Colorado opposed by ACP is defeated

On March 16, Tom Vinson of ACP testified to the Colorado Senate State, Veterans, and Military Affairs Committee in opposition to SB 149, legislation to restrict the siting of wind turbines and associated infrastructure within two nautical miles of missile launch facilities and to require Department of Defense clearance prior to construction of facilities in the state. The bill was postponed indefinitely by a Senate Committee on March 23 by a vote of 5-0, which kills it for this session. Please contact Tom Vinson and Tom Darin with questions.

ACP works to defeat 2nd military siting bill in Montana

After our successful advocacy this session in defeating SB 325 which would have created an unnecessary and duplicative state process that conflicted with the DoD Siting Clearinghouse process regarding wind facilities near missile silos, HB 649 was introduced in late March to have a second bite at the apple. The bill would have required 120-day notice to the Malmstrom Air Force Base and the local county prior to construction of any structure over 200 feet tall that was in a county with an active installation operated by the US Air Force. The bill also required the development of a county-level military compatibility use map. ACP’s federal regulatory and state affairs team worked to defeat the bill with our lobbyist in Helena representing the Montana Business Alliance, our industry group formed by regional partner Renewable Northwest, ACP and members companies. We developed testimony delivered by our lobbyist at the March 25 hearing in the Montana House Administration Committee, in addition to developing a flyer that was distributed to legislators. ACP expressed two main concerns with the bill: (1) the 120-day notice requirement was in conflict with the shorter 45-day notice requirement set forth in federal law for the FAA process, could lead to multiple FAA filings and provided no flexibility compared to informal FAA guidance requesting notice from wind developers “at least 90-120 days” prior to construction; and (2) the county compatibility map could possibly preempt the DoD Siting Clearing House process which takes mission and site-specific information into account on its case-by-case approach. We highlighted how the duplicative state provisions and added bureaucratic red tape could frustrate private landowner development interests and economic investment efforts in Montana. No vote was taken at the hearing and we are working behind the scenes to have the votes to prevent the bill’s passage. Contact Tom Vinson, Hilary Clark, and Tom Darin for more information.

Washington blade recycling bill dies in state senate

SB 5174 failed to pass the full state Senate last week and now is considered dead for the session. ACP and regional partner Renewable Northwest (RNW) opposed the bill because it had an unworkable blade recycling/stewardship program, improperly placed the onus of end-of-life blade recovery on the turbine manufacturers, and included no consultation with industry about how to create a workable program that would incentivize a still-nascent blade recycling and repurposing industry in Washington. If done correctly, such an effort could have both environmental and economic benefits. RNW, ACP, and member company Vestas worked hard to defeat the measure. ACP combined our Operations and Maintenance, Social License, and State Affairs teams to assist with talking points and pursue direct advocacy. Our outreach efforts included contacting members of the Senate Environment, Energy, and Technology; Ways and Means; and Rules committees. We later reached out to all members of the state Senate when the bill reached the floor. ACP’s “End of Life” strategies white paper was helpful. In addition, ACP’s Senior Director of Western State Affairs discussed the bill with its sponsor Senator Wilson to explain our concerns and to hopefully build a bridge to ensure industry has input in advance should the Senate consider introducing the bill in a future session. Contact Tom Darin for more information.

Wyoming property tax assessment bill dies

SF 69 failed to pass out of the Wyoming State Senate last week and is officially dead for the 2021 session. This was a result of ACP’s advocacy which included testimony and then behind the scenes conversations with leadership to hold the bill back from floor consideration. The bill had passed out of the Senate Revenue Committee after it was amended to apply only to the wind industry. This is an important victory for our industry as the bill would have altered the mechanics of how wind facilities in Wyoming are assessed for property tax purposes. Under present law, the Wyoming Department of Revenue (DOR) is charged with determining the valuation of all state-assessed properties, which includes both utility-owned wind projects and those of Independent Power Producers. SF 69 sought to change the way county assessors had access to highly confidential and proprietary information supplied by wind developers that the DOR uses to make these determinations. The bill would have allowed county assessors to access this confidential and proprietary information without a showing of need or providing notice to the developer, and likely could have led to inconsistent property tax assessments county-by-county instead of the state DOR with its expert staff making these determinations with its uniform appraisal methodologies. Contact Tom Darin for more information.

Indiana solar tax bill ensuring certainty passes

In April 21, the conference committee passed out and both chambers approved HB 1348 which contains favorable changes to the assessment of utility-scale solar projects. Effective 2022, the bill provides that the land portion of the fixed property of a utility-scale solar energy installation facility shall be assessed at an amount that does not exceed the solar land base rate for that region. The bill also requires the department of local government finance to annually determine and release a solar land base rate for each region based on the median true tax value per acre of all land in the region classified as utility property. For more information on the Central Region, contact Jeff Danielson.

ACP avoids harmful amendments in North Dakota Century Code

 SB 2313 is a bill that would amend the North Dakota Century Code provisions relating to resource planning, planning reserve margin, reliable service obligation, powers of the transmission authority, and the transmission authority’s reporting requirements. On March 31, a subcommittee amended this bill to include cybersecurity changes and on April 1 the House Energy & Natural Resources Committee discussed the bill. This is North Dakota’s attempt at guaranteeing “reliability” for electricity supply. Its main policy lever is fining regulated utilities for outages. The Utility Working Group is opposed to most of the provisions and WIND is coordinating in a supportive, if not outwardly public, fashion to ensure this does not negatively impact clean energy investment opportunities. The bill is now on the Governor’s desk. For more information on the Central Region, contact Jeff Danielson.

California offshore wind planning bill amended and passes out of Committee

In great news and with a strong showing of bipartisan support, AB 525, California’s offshore wind planning bill, passed by an 14-0 vote this week out of the Assembly Utilities & Energy (U&E) Committee. ACP-California has been working closely with Assembly member David Chiu’s office and the coalition of sponsors and supporters of the bill — which include the State Building & Construction Trades Council, Environment California and other eNGOs — to negotiate amendments to get the bill heard in the U&E Committee. Two weeks ago, U&E Chair Chris Holden held the bill from moving forward, objecting strongly to the capacity targets in the bill. As such, ACP-CA and the coalition worked to negotiate language, committee amendments, and committee analysis that requires the California Energy Commission to establish capacity planning goals by March 1, 2022, with consideration of a number of factors that should point to a substantial pipeline. The coalition also worked with representatives from several environmental groups (NRDC, TNC, Sierra Club, and Audubon) to bring them into support for the bill. The bill now moves to the Assembly’s Natural Resources Committee, where it will be heard on Wednesday 4/28/21.For more information on California, please contact Tom Darin and Danielle Osborn Mills

Colorado market and transmission expansion bill passes State Senate

On April 14, SB 72 passed out of the State Senate 28-6 with strong bipartisan support. ACP has been supportive of the bill, including through testimony, in addition to our regional partner Interwest and independent power producer member companies. SB 72 would require Colorado utilities to join a Regional Transmission Operator (RTO) before 2030, unless the Colorado Public Utilities Commission (CO PUC) finds it is not in the public interest, or the utility cannot join an RTO due to lack of interconnection. The bill also promotes transmission expansion by creating a new Colorado Electric Transmission Authority (CETA), which would facilitate development of new transmission lines and corridors, have bonding authority, and have expanded eminent domain powers. Importantly, the CETA would not only support transmission for in-state reliability and renewable energy/climate goals, but also would have an expanded function of promoting transmission that is regionally focused, especially as part of a western RTO. To ensure timely review of new transmission lines, SB 72 directs the CO PUC to: 1) approve a cost-effective line if it promotes reliability, helps meet the Renewable Portfolio Standard, or it can reasonably accommodate growth and joining an RTO; and 2) have a final order issued within 180 days, or else it is deemed approved. For more information on the Western Region, contact Tom Darin.

New York budget includes ACP-supported standardized property tax assessment method

ACP members welcomed news on April 7 that the New York State Budget passed and included a Standardized Property Tax Assessment Method. Many thanks to regional partner, ACE NY, and kudos to achieving the major legislative priority for 2021 in the state. The approach in the bill generally reflects many of the coalition’s priorities. The budget also includes changes to the Industrial Development Agencies law. These changes allow these local economic development public benefit corporations to include renewable projects in the listing of projects they can support. It also modifies their Benefit Cost Analysis to include an assessment of project benefits towards state emissions targets. The final budget did also include provisions on prevailing wage and Buy American. These provisions did include some measure of industry input. They apply only to procurements issued after the effective date of October 1, 2021. For more information on the Eastern Region, contact Andrew Gohn

West Virginia favorably amends and then passes decommissioning/bonding bill

On April 10, the West Virginia House of Delegates passed SB 492, including many of ACP’s suggested amendments, by a vote of 96-4. The Senate accepted that language with a vote of 30-4, and the bill now heads to the desk of Governor Justice.

Over the course of the legislative session, which has now ended, our close member coordination and lobbying efforts helped transform this bill from a retroactive and duplicative burden on wind and solar projects in the state into a workable structure for members. The amended version of the bill includes grandfathering for projects with existing decommissioning agreements and consolidates decommissioning under the West Virginia Department of Environmental Protection (DEP). It also contains language on model decommissioning agreements. One amendment that was not included was clarification that site restoration should be to a depth of 3 feet. We will have to pursue that standard as a regulatory matter with DEP.

This was a lobbying success and many thanks are due to Larry Swann who advocated for ACP in Charleston, as well as all of our strong member lobbyists and allies in the capital. For more information on the Eastern Region, contact Andrew Gohn.

North Dakota wraps up legislative session, Governor signs host of energy bills

Shortly before the North Dakota legislative adjourned sine die on April 30, the House and Senate passed bills on several top energy issues. On April 22, Governor Burgum began signing final bills into law. ACP State Affairs and Public Affairs worked in coordination with member companies and regional organizations under the umbrella of Wind Industry of North Dakota (WIND) to successfully play defense on harmful tax and policy bills. The group neutralized or defeated all energy bills that threatened clean energy. This was a significant industry victory given the political and economic drivers of North Dakota energy policy, along with the far-reaching weather event and policymaker reactions to it. WIND’s final 2021 Legislative report is available here and the final Bill Status Report is available here. For more information on the Central Region, contact Jeff Danielson.

ACP-California holds successful lobby days

On May 18-19, AWEA-California virtually “dropped in” to the State Capitol in Sacramento for our first set of lobby days. ACP-CA met with nearly 40 members/top energy staffers representing both sides of the aisle from the General Assembly and State Senate – mostly focusing on top energy leaders and members of the utilities, energy, and natural resources committees. ACP-CA broke into three teams comprised each of 5-6 company reps and led by ACP-CA Director Danielle Mills, ACP Western State Affairs Director Tom Darin, and our contract lobbyists Jena Price and Tyler Tratten. The groups successfully delivered our top industry messages and asks, which included:

1. Legislative direction to the California Public Utilities Commission (CPUC) to accelerate procurement of 10GW to meet near/mid-term reliability needs and the having the correct GhG reduction targets in its resource planning efforts to meet 2030 needs, as well as improved timelines for grid interconnections;
2. Support for AB 525 and building momentum for offshore wind; and
3. Increased levels of budget support for agencies to have the necessary resources for improved permitting, transmission planning and other issues.

The group generated significant interest in a legislator sign-on letter to the CPUC addressing these concerns, in addition to interest in holding a legislative hearing this fall on accelerated procurement and improved agency timelines and coordination. Next week, we will follow-up on these items and information requests. Contact Danielle Mills or Tom Darin for more information.

Arizona takes steps to join 100% clean states in the West

This week the Arizona Corporations Commission (ACC) revisited the proposed energy rules that failed to pass earlier in the month. An amendment that passed during a previous hearing significantly diluted them. The ACC passed a package that includes the resource planning and procurement updates regional partner Interwest Energy Alliance has been advocating for in the docket, as well as a binding 100% carbon reduction standard by 2070, with interim benchmarks including 50% by 2032. The 100% clean standard, if passed on a final vote expected this fall, will add Arizona to California, Colorado, Nevada, New Mexico and Washington, which all passed 100% clean laws in 2018-2019. Contact Tom Darin for more information.

West Virginia Gov. signs bonding bill

On April 26, West Virginia Governor Jim Justice signed SB 492, which amends the bonding requirements for renewable energy decommissioning in the state. ACP and regional partner MAREC worked with our lobbyists and members in the state to negotiate the final version, which included industry amendments. During the legislative session, combined efforts helped transform this bill from a retroactive and duplicative burden on wind and solar projects into a workable structure for members. The amended bill grandfathers projects with existing decommissioning agreements and consolidates decommissioning under the West Virginia Department of Environmental Protection (DEP). It also contains language on model decommissioning agreements. One amendment not included was clarification that site restoration should be to a three-foot depth. We will pursue that standard as a regulatory matter with the Department of Environmental Protection. SB 492 is effective July 9, 90 days from passage. MAREC’s Evan Vaughan spoke to the Gazette Mail, saying, “the final bill respects existing project decommissioning agreements with landowners and local government while also creating a generally predictable regulatory process for future projects.” Thanks to MAREC, our West Virginia lobbyist, and member lobbyists and allies in the capital. For more information on the Eastern Region, contact Andrew Gohn.

ACP-California Advances Offshore Wind Legislation in California Legislature

On May 27, 2021, the California Assembly voted 71-0 to pass AB 525 (David Chiu, D-San Francisco) an offshore wind planning bill, over to the Senate. ACP-California’s offshore wind program director and lobbyists have been working hard to highlight the bill’s bipartisan co-authorship and broad support from organized labor, environmental and environmental justice groups, and the business community. The bill now moves to the State Senate. Contact Tom Darin for more information.

Nevada RTO bill passes both chambers

Last week, SB 448 passed out of the senate with unanimous, bipartisan support and just passed out of the Assembly with bipartisan support. Among other provisions, the bill would put the state on a path to participate in a competitive regional wholesale energy market by 2030. A summary of the bill is available here from regional partner Interwest Energy Alliance. ACP jointed joined member companies, Interwest and other western energy advocates on a letter to legislators supporting the bill. In addition, ACP’s Western State Affairs Director Tom Darin provided written testimony this week when the bill was first heard by the Assembly, emphasizing the multiple reliability, cost-savings and economic investment benefits that will flow from a western RTO. The bill is likely to receive a state senate concurrence vote and then move to the Governor for signature. Contact Tom Darin for more information.

ACP applauds joint FERC / NARUC task force, joins with ACORE to form new PUC commissioner focus group

On June 17, the Federal Energy Regulatory Commission (FERC) and National Association of Regulatory Utility Commissioners (NARUC) issued a joint press release following FERC’s order announcing that the groups have established a Joint Federal-State Task Force on Electric Transmission. First, FERC will initiate a joint federal-state task force on transmission issues under section 209(b) of the Federal Power Act. The panel will consist of the FERC Commissioners plus 10 state PUC commissioners, and FERC and NARUC are coordinating on the precise composition and subject matter. ACP is encouraging commissioners supportive of our industry to apply to the task force. Please contact Tom Darin if you have questions.

The ACP State Affairs and Markets and Transmission teams are working with the American Council on Renewable Energy (ACORE) to reach out to commissioners, exploring the formation of a new state regulator focus group. This focus group would convene periodically for informal discussions between the clean power sector and utility commissioners of geographic diversity to share ideas on issues such as state-federal relationships, transmission, and markets. Establishing an informal group will keep open lines of communication as the energy sector continues to face new and challenging regulatory dynamics and serve as a hub for building knowledge about regional and federal issues that involve state regulators. If you are regularly reaching out to commissioners who would be helpful in these efforts please contact us so we can include them in our task-force and focus group outreach. Contact Tom Darin and Ryan Martini for more information.

ACP-California influences Utility Commission decision to procure historic level of RE

 On June 24, the California Public Utilities Commission (CPUC) unanimously adopted a decision authorizing procurement of 11,500 MW net qualifying capacity between 2023-2026 in time for replacement of Diablo Canyon and several coastal gas plants. This decision has been a focal point for ACP-California’s advocacy (including this letter) for much of 2021, and reflects a significant acceleration of clean energy and reliability actions for California leaders and load-serving entities. The decision specifically calls out American Clean Power’s advocacy: “ACP-CA argued that the high-need scenario is more reasonable given the number of uncertainties inherent in the analysis, including projected online dates for baseline resources, development uncertainty, weather events, interconnection issues, and the likelihood that the Commission will reduce the greenhouse gas (GHG) target.” The capacity requirements are adopted annually, beginning with 2,000 MW by 2023, an additional 6,000 MW by 2024, an additional 1,500 MW by 2025, and an additional 2,000 MW by 2026. ACP-California issued a statement and worked to create legislative support for this decision, and is emphasizing the need to demonstrate success through timely deployment of clean power and associated transmission infrastructure within this critical timeframe. For more information on California, please contact Tom Darin and Danielle Osborn Mills.

ACP back to full speed engagement at NARUC and NMSU this summer

The State Affairs team is back to in-person thought leadership events this summer. We are attending and sponsoring the 2021 National Association of Regulatory Utility Commissioners (NARUC) Summer Policy Summit in Denver, CO on July 18–21. Please let us know if you and your company are attending so we can coordinate commissioner outreach during the event.

ACP CEO Heather Zichal will be a keynote speaker and ACP State Affairs team will also be attending the NMSU Current Issues conference in Santa Fe, NM on August 29 to September 1. We encourage members to attend, let also us know if you are so we can coordinate commissioner outreach during the event. We will likely continue our tradition of hosting a lunch during the event. More information and registration are available here.

Western RTO bills go three for three in 2021 sessions

This week Nevada Governor Sisolak signed SB 448 into law, which contains a provision requiring the state’s utilities to join a regional transmission organization (RTO) by 2030. SB21-72 in Colorado has a similar provision – it passed both chambers and awaits Governor Polis’s signature. Rounding out this year’s western RTO legislative hattrick is SB 589 in Oregon, which awaits Governor Brown’s signature – this bill requires a study of the benefits, opportunities, and challenges of Oregon utilities joining an RTO. The bills were high priorities of and received extensive advocacy and negotiations from regional partners Interwest and Renewable Northwest. ACP provided analytical support and testimony for the Colorado effort and written testimony in support of the Nevada bill. All three bills passed with broad bipartisan support and are significant indicators that our western market expansion advocacy and messaging points on the need for and benefits from a western RTO are landing positively with state political leaders.

Nebraska legislature closes 2021 session, clean energy priorities preserved

As a result of ACP’s defensive strategy, on May 27 the unicameral Nebraska legislature adjourned Sine Die with clean energy priorities preserved. ACP opposed LB 409 (intended to stop the construction of the R-Plan Transmission Line) and LB 424 (a restrictive wind farm permitting proposal). Both bills died without floor votes. ACP had wins in two bills that passed and were signed into law: positive tax changes for clean energy development were included in LB 384 (increasing the income tax credit from real property taxes) and LB 595 (allowing taxpayers with existing agreements, the exemptions provided under the ImagiNE Act, including using a direct pay permit). The ImagiNE Act is Nebraska’s tax incentive chapter, covering a host of development-friendly tax provisions. ACP State Affairs & Public Affairs collaborated with the Advanced Power Alliance over the past year leading up to final legislative action.

North Carolina Governor sets 8 GW offshore wind target by 2040

On June 9, North Carolina Governor Cooper signed Executive Order 218, most notably setting offshore wind targets of 2.8 GW by 2030 and 8 GW by 2040. The Order also creates an Economic Development Coordinator position, creates a Task Force on Resource Development, establishes an Offshore Wind Coordinator and a Military Affairs Offshore Wind Coordinator, provides direction on collaboration with the Bureau of Ocean Energy Management, and direction on streamlining regulation and permitting. ACP and the Southeastern Wind Coalition applaud the ambitious goal and next steps forward in implementation. For more information contact Laura Morton and Andrew Gohn.

Black liquor removal from Maryland RPS a win for renewables

Although Maryland Governor Hogan would not sign SB 65, he did not veto it either, meaning the bill will become effective by operation of law. This is a win for renewables in Maryland, as the bill removes black liquor as an eligible resource for the state’s renewable portfolio standard (RPS). The removal of black liquor will immediately open up a great deal more renewable energy credits (RECs) needed for compliance in the regional Tier I market. The bill also includes an important solar renewable energy credit (SREC) fix that will slow the ramp rate in the early part of the decade and speed it up in the later part, with the alternative compliance payments (ACPs) increasing in the early years. Without this fix, Maryland was not expected to meet ramp rates in the early years. Thank you to our regional partner MAREC Action for their support of this effort.

ACP Advances Top Transmission Priorities at Annual Summer Policy Summit of State Regulators

ACP had a prominent role in the 2021 National Association of Regulatory Utility Commissioners (NARUC) Summer Policy Summit held in Denver, July 18-21. ACP sponsored the event and our state affairs and markets & transmission teams attended in person, in addition to several ACP member companies. We helped build a successful panel on the need for inter-regional transmission that featured Rob Gramlich from Grid Strategies and Debbie Lew from Energy Systems Integration Group. The questions from the state regulators during this featured session indicated a recognition for the need for transmission expansion for reliability purposes and access to low-cost resources – and focused on the best federal-state coordination role and protecting jurisdictional boundaries moving forward. ACP also took the opportunity to hold side-meetings with 15 state regulators in top NARUC leadership positions and from priority states. Contact Tom Darin and Daniel Hall for more information.

ACP Advances Top Transmission Priorities at Annual Summer Policy Summit of State Regulators

ACP had a prominent role in the 2021 National Association of Regulatory Utility Commissioners (NARUC) Summer Policy Summit held in Denver, July 18-21. ACP sponsored the event and our state affairs and markets & transmission teams attended in person, in addition to several ACP member companies. We helped build a successful panel on the need for inter-regional transmission that featured Rob Gramlich from Grid Strategies and Debbie Lew from Energy Systems Integration Group. The questions from the state regulators during this featured session indicated a recognition for the need for transmission expansion for reliability purposes and access to low-cost resources – and focused on the best federal-state coordination role and protecting jurisdictional boundaries moving forward. ACP also took the opportunity to hold side-meetings with 15 state regulators in top NARUC leadership positions and from priority states. Contact Tom Darin and Daniel Hall for more information.

Governor Newsom directs aggressive GHG reductions to California’s PUC at ACP-California’s recommendation

On Friday, July 9, California Governor Gavin Newsom requested the California Public Utilities Commission (CPUC) and California Air Resources Board (CARB) to accelerate California’s progress toward its nation-leading climate goals. At the Governor’s request, CARB will evaluate pathways for the state to achieve carbon neutrality by 2035 – in advance of the 2045 target – including strategies to reduce fossil fuel demand and supply. Acting on a long-time recommendation of ACP-California, the Governor directed the CPUC to establish a more ambitious greenhouse gas emissions target for electricity procurement by 2030, stepping up the state’s pace in achieving zero carbon electricity. ACP-California (and previously AWEA-California) has long criticized the CPUC for its reliance on a less aggressive GHG target in the Statewide Integrated Resource Planning (IRP) proceeding for long-term electricity procurement and transmission planning.

Iowa Utilities Board opens sweeping investigation docket into transmission planning

On July 2, the Iowa Utilities Board (IUB) opened a docket to review transmission planning in Iowa, specifically focusing on renewable generation and generation tie lines. Although other entities were named, only the Iowa Utility Association, the Electric Coops, Consumer Advocate, and Iowa Farm Bureau were served. The docket includes troubling assertions about the value of clean energy in Iowa and attempts to gain regulatory authority beyond the scope of the Board and the intent of Iowa law. ACP encourages all member companies with business in Iowa to prepare for an extended engagement with IUB in 2021/22 to prevent regulations that hinder the growth of clean energy. ACP and Clean Grid Alliance plan to submit initial comments which are due August 2, prior to a hearing scheduled for August 30. Watch for Central Region subcommittee calendar invites and emails to the listserv with supporting documents.

Texas energy reliability update

On July 13, the Electric Reliability Council of Texas (ERCOT) released a Roadmap to Improving Grid Reliability including a response to Governor Abbott’s recent letter (more detail below) followed by 60 initiatives ERCOT is undertaking to implement the results of the legislative session, namely SB 2 and SB 3. ERCOTs list of actions include completing analysis of the February outages, proposing multiple new market rules related to generator outages and scheduling, unannounced testing of generator maximum sustained energy production, improving communication, evaluating the adequacy of ancillary services products, meeting with market participants to alleviate pain points, and many others.

At the legislature, energy hearings were scheduled in both chambers but a parliamentary inquiry on the House floor on July 13 caused the House hearing to be cancelled since there was no quorum. The Senate, however, moved forward and the Senate Business and Commerce Committee held a hearing on July 13. The discussion focused on solutions in response to the February freeze, a recent June call for conservation, and the adequacy of the overall resource mix in the state. Commissioners and legislators alike took shots at wind while also confirming that wind generation performed as ERCOT predicted.

All the above resources and a schedule of events can be found on our Texas Freeze website. ACP will be reconvening Texas-specific calls shortly and is working closely with our regional partner, Advanced Power Alliance to engage legislators and submit comments to the PUC as needed.

Illinois State Senate Passes Milestone Clean Energy Legislation

On Tuesday, August 31, the Illinois State Senate passed a sweeping clean energy bill with an overarching goal of 100% clean power by 2050. In addition, it improves the procurement process for clean energy projects and also creates workforce incentives for diversity, equity & inclusion goals, along with organized labor standards. ACP State Affairs and Public Affairs (Power Up Illinois), in coordination with our member companies will continue to work with legislative leaders and the Governor’s office thru final passage. Contact Jeff Danielson for more information.

ACP and MAREC Lead West Virginia Wind Farm Tour for Legislators

ACP and MAREC with WV legislators on tour of Beech Ridge wind farm

In conjunction with our sponsorship of the West Virginia Chamber of Commerce Annual Business Summit at the Greenbrier in West Virginia, MAREC and ACP and regional partner Mid-Atlantic Renewable Energy Coalition (MAREC) worked with Invenergy to bring key policymakers to tour the Beech Ridge wind farm and nearby 32 MW storage facility. ACP sponsored a lunch after, in which we had very good conversations with House Speaker Roger Hanshaw, House Energy Chair Bill Anderson, House Energy Vice Chair John Kelley and Senate Workforce Chair Rollan Roberts. The consensus was that West Virginia policymakers understand the changing energy market and the need to set policies that are inviting to clean energy development as well as the advanced C&I economy that relies heavily on access to nearby renewables. We will have continuing dialogue with these decisionmakers and work to answer key questions they raised. Please contact Andrew Gohn for more information.

ACP recognized as a Western Power Player

ACP was invited to a select convening last week of top western utilities, state legislators and utility commissioners, RTO/ISO execs, RE companies and NGOs to move the conversation forward on forming a western RTO. Led by CO State Senator Chris Hansen, the first annual Western Power Players Conference included ACP’s Western Regional Director Tom Darin on a governance-focused breakout group to develop key principles for an independent and transparent governance structure that will work both functionally and politically in the West.  For more information on Western Market Expansion, contact Tom Darin.

ACP leadership addresses state regulators

On Monday, August 30, ACP Chief Advocacy Officer JC Sandberg was keynote speaker at the NMSU Current Issues conference in Santa Fe, NM.  JC successfully delivered our industry’s top messages on consumer savings, reliability and economic development to an audience of state utility commissioners, state consumer advocates and ISO/RTO leadership from across the country.  Thank you to Lynnae Willette, EDF for taking part in a panel at the event that focused on renewables and reliability and to all the other ACP members who joined us in engaging commissioners. ACP staff also attended and had productive meetings with commissioners and continued our tradition of hosting several lunches and dinners with commissioners. Contact Tom Darin and Ryan Martini for additional information.

ACP leadership addresses state regulators: On Monday, August 30, ACP Chief Advocacy Officer JC Sandberg was keynote speaker at the NMSU Current Issues conference in Santa Fe, NM. JC successfully delivered our industry’s top messages on consumer savings, reliability and economic development to an audience of state utility commissioners, state consumer advocates and ISO/RTO leadership from across the country. Thank you to Lynnae Willette, EDF for taking part in a panel at the event that focused on renewables and reliability and to all the other ACP members who joined us in engaging commissioners. ACP staff also attended and had productive meetings with commissioners and continued our tradition of hosting several lunches and dinners with commissioners. Contact Tom Darin and Ryan Martini for additional information.

Illinois goes 100% Clean: On September 15, Illinois Governor J.B. Pritzker signed a sweeping clean energy bill with an overarching goal of 100% clean power by 2050. ACP State Affairs and Public Affairs (Power Up Illinois), in coordination with our member companies were successful working with legislative leaders and the Governor’s office to secure key provisions that made it through final passage. ACP CEO Heather Zichal’s statement on the landmark bill highlighted job growth and economic development benefits: “Recent studies predict the result of this legislation will create tens of thousands of jobs during development, more than $500 million in annual increased economic output, and over $1 billion in consumer savings in the state through clean power development.” In addition to the clean energy goal, the legislation improves the procurement process for clean energy projects and creates workforce incentives for DE&I goals, along with organized labor standards. For more information on the Central Region, contact Jeff Danielson.

California Governor signs offshore wind bill: On September 23, Gov. Gavin Newsom signed AB 525 into law, which directs the state to establish specific goals for offshore wind production in 2030 and 2045 and puts the Golden State on track to lead the U.S. on floating offshore wind. The bill also directs the state to create a strategic plan for deploying this new industry, from identifying necessary sea space and developing a local offshore wind workforce to improving port facilities and transmission infrastructure needed to bring this major new source of clean energy online. Danielle Osborn Mills with ACP-California said, “By signing AB 525, Governor Newsom and his team have put California on the path to becoming a global leader in floating offshore wind—with all of the environmental, economic, and energy benefits that go with it.” For more information contact Tom Darin and Danielle Osborn Mills.

Gov. Newsom defeats recall: On Tuesday, California Gov. Newsom resoundingly defeated efforts to recall him from office. ACP-California opposed the recall as it would set back our the state’s progress on climate goals and our industry’s major role in that effort. We wasted no time in our advocacy to now have the Governor and his agency leads place a higher priority on clean energy:  this week ACP-California and ally organizations asked the lead California agencies to expedite transmission upgrades to provide near-term deliverability and updated transmission approvals that are necessary to ensure certainty and deliverability of 11.5 GW (net-qualifying capacity) of new renewable and storage capacity recently ordered by the utility commission. For more information on California, please contact Tom Darin and Danielle Osborn Mills.

New Jersey Governor and U.S. Sec. of Labor host wind port groundbreaking: On September 9, New Jersey Governor Phil Murphy, U.S. Secretary of Labor Marty Walsh, union leaders, and federal, state, and local officials hosted a groundbreaking for the New Jersey Wind Port, the nation’s first purpose-built offshore wind marshaling port. The Governor’s release detailed that, “The New Jersey Wind Port will serve as a central location for essential staging, assembly, and manufacturing activities related to offshore wind projects on the East Coast and represents the biggest economic investment in Salem County in a generation, with the potential to create up to 1,500 jobs and $500 million in economic activity.” A recording of the livestreamed event is available here.

For more information on the Eastern Region, contact Andrew Gohn.

California Governor signs offshore wind bill: On September 23, Gov. Gavin Newsom signed AB525 into law, which directs the state to establish specific goals for offshore wind production in 2030 and 2045 and puts the Golden State on track to lead the U.S. on floating offshore wind. The bill also directs the state to create a strategic plan for deploying this new industry, from identifying necessary sea space and developing a local offshore wind workforce to improving port facilities and transmission infrastructure needed to bring this major new source of clean energy online. Danielle Osborn Mills with ACP-California said, “By signing AB 525, Governor Newsom and his team have put California on the path to becoming a global leader in floating offshore wind—with all of the environmental, economic, and energy benefits that go with it.” For more information on California, contact Danielle Mills and Tom Darin.

Bonneville Power Administration to join Western energy market: On September 27, the Bonneville Power Administration (BPA) released its final decision to join the California Independent System Operator (CAISO) Western Energy Imbalance Market (EIM). This decision follows an extensive EIM assessment and public process over the last three years and is another exciting milestone in ACP’s campaign to further integration in western energy markets. The EIM now includes over 80% of the load in the Western Interconnection. ACP looks forward to our continued involvement and advocacy on western market expansion and the various pathways to success in the region.

ACP testimony helps block new WY tax: In the Wyoming Legislature Interim Joint Revenue Committee, ACP’s Tom Darin testified along with Kara Choquette of member company Power Company of Wyoming against adding a new “gross receipts” tax that would also be applied to renewable energy. Our testimony highlighted that expanding western markets for clean power are increasingly competitive and that Wyoming should not expand upon its current taxation structure and increase costs, or RFP solicitations will likely go to projects in other states. A motion to have the state Legislative Service Office draft a new gross receipts tax for future consideration was soundly defeated in a bipartisan 9-4 vote. For more information on the Western Region, contact Tom Darin.

Massachusetts plans to boost offshore wind: At the ACP Offshore conference in Boston on October 13, MA Governor Charlie Baker announced his introduction of legislation to further boost offshore wind energy development in the state. The bill would create a new $750 million Clean Energy Investment Fund that would support clean energy R&D and job training. Critically, the bill would also eliminate the declining price requirement on offshore wind and shift evaluation and selection of project proposals from the Electric Distribution Companies to the state’s Dept. of Energy Resources (DOER). Rep. Jeffrey Roy, House chair of the Legislature’s Telecommunications, Utilities, and Energy Committee offered support for the proposal, while the Senate chair, Michael Barrett, raised concerns about the potential impact to rates. For more information on the Eastern Region, contact Andrew Gohn.