From Virginia Mercury. Potential Climate and Energy bills in the 2021 session. January 4, 2020.
Last year, Virginia’s general assembly passed more than 30 separate clean energy bills, putting the state on a path to zero-carbon electricity by 2050. Building on last year’s progress will be hard this winter due not only to COVID complications, but also to an exceptionally short and tightly controlled legislative session.
Below are some of the bills that are far along in the drafting process and are likely to be filed this year.
- Building codes – Sen. Jennifer Boysko, D-Fairfax, is expected to introduce legislation that would require the Board of Housing and Community Development to adopt the latest International Energy Efficiency Code within 12 months.
- Right to buy– Del. Jeffrey Bourne, D-Richmond, patroned a bill that would give customers the right to go outside their utility to buy renewable energy. most Virginia customers still can’t buy solar energy unless they install it on their own property.
- Solar for public schools and other government buildings– a bill from Sen. John Edwards, D-Roanoke clarifies that the VCEA and Solar Freedom legislation in Appalachian Power territory applies to non-jurisdictional customers as well as jurisdictional customers. The bill also expands a pilot program for municipal net metering that will allow a local government to use surplus electricity generated by solar panels on one building for another building also owned by the locality
- Transportation – Del. Lamont Bagby, D-Henrico, is expected to carry a bill called the Clean Car Standard, simply requires manufacturers of electric vehicles to send some of their vehicles to Virginia dealers, so consumers can actually buy them. A bill from Del. David Reid, D-Loudoun, would have Virginia offer incentives for the purchase of electric vehicles. Another bill would require a Transit Modernization Study, which would gather information about how the public is currently being served by the existing transit system
- Environmental justice– Del. Shelly Simonds, D-Newport News, and Keam are expected to introduce a bill that will expand last year’s Environmental Justice Act to change how the state forms and carries out environmental justice policies within agencies, and to ensure greater public involvement in the permitting process at DEQ
- Pipelines– A bill from Sen. Jennifer McClellan, D-Richmond, adds specificity to the currently vague process that governs small to medium changes in pipeline routes and may impact permit conditions like erosion control measures. Currently it is unclear under what conditions DEQ must re-examine plans it has previously approved. The legislation will bring clarity and explicit direction to all parties involved.
- Fossil Fuel moratorium– Del. Joshua Cole, D-Fredericksburg, is expected to introduce legislation expanding the Virginia Clean Economy Act’s two-year moratorium into a permanent moratorium on all new fossil fuel infrastructure, to take effect in 2022
- Utility Reform– We should expect to see legislation to strengthen oversite of utility companies and pare back the ability of utilities to pocket overearnings.
- ‘Bad’ Bills– we should expect to see a few bills from Republicans attempting to roll back parts (or all) of the Virginia Clean Economy Act, or trying to block Virginia’s participation in the Regional Greenhouse Gas Initiative
From E&E News December 17, 2020
Biden picked the North Carolina DEQ Secretary, Michael Regan to be his EPA Administrator.
Although under Regan the NC DEQ did grant water permits to the ACP, it seems their position has evolved somewhat over time. In August 2020 the NC DEQ denied the water permits for the MVP Southgate Extension (citing the project’s speculative nature, given the uncertainties around MVP completion). At the time, Regan actually called it “an unnecessary project that poses unnecessary risks to our environment”
Hooray for getting someone as EPA Administrator who is actually willing to take this kind of public stand against a pipeline project!
From The New York Times. November 25, 2020
Alaska’s Controversial Pebble Mine Fails to Win Critical Permit, Likely Killing It.
Regulators have found one of the worlds largest proposed gold and copper mines to be ‘contrary to the public interest’, denying a key permit that will likely kill the project.
The Army Corp of Engineers reviewed several plans for the Pebble Mine project, but has officially denied a required permit under the Federal Clean Water Act saying that the plan to compensate for environmental damage from the mine was insufficient.
Opposition to the large open-pit operation in a pristine region of Alaska’s Salmon breeding grounds from Alaska Native American communities, environmentalists and the fishing industry never diminished. Though this decision means that the project may be dead, local groups will continue to push for long term protections.
The Allegheny-Blue Ridge Alliance has launched its new Conservation Hub, a program designed to enhance the capabilities of environmental, conservation and citizen groups to better assess the impacts of projects in the greater Allegheny-Blue Ridge region and to help assure that the overall environmental integrity of the region is maintained. The program will employ some of the same technological tools that formed the basis of the ABRA Compliance Surveillance Initiative (CSI) program that was developed to monitor construction activities of the Atlantic Coast Pipeline (ACP).
Among the expected outcomes of the Conservation Hub program are:
- Empowering stakeholders to make more informed decisions about proposed projects that impact the environment of their communities and the region.
- Improving the quality and comprehensiveness of information presented to government regulatory bodies in helping their evaluation of proposed projects and, if such projects are approved, providing ongoing monitoring information to those agencies to assist their regulatory role.
- Encouraging regulatory agencies, when evaluating whether to permit a project, to consider the cumulative impacts that the project would have on the affected region. It has been our collective experience from fighting the ACP project that state and federal permitting agencies are ill-equipped to evaluate the cumulative environmental impacts that projects can have.
Details on the Conservation Hub and its projects are available here on the ABRA website.
On September 2, 2020, the U.S. Forest Service (NFS) published in the Federal Register a proposed rule that would ease existing restrictions on oil and gas development in the National Forests. The action follows a September 2018 Advanced Notice of Proposed Rulemaking (ANPR).
The NFS proposal, available at https://www.federalregister.gov/documents/2020/09/01/2020-18518/oil-and-gas-resources, summarized the comments received on the ANPR, as follows:
- “Fifty-seven public comments included statements of general opposition, and twenty-three included statements of general support for the proposed rule. The remainder expressed neither opposition nor support.
- “Stated reasons for general opposition include the destruction of national forests and natural resources for financial or political interests; inadequate protection of human and environmental health; adverse impacts to recreation opportunities and tourism; and unsustainable reliance on fossil fuels.
- “Stated reasons for general support include the generation of revenue; large existing demands for oil and gas; decreases in regulatory burden on the oil and gas industry; promotion of domestic energy production; and creation of a simplified process leading to quicker leasing decisions and elimination of duplication with the Bureau of Land Management.”
Comments to the Forest Service on the proposed rule are due November 2, 2020.
From Allegheny-Blue Ridge Alliance’s ABRA Update #282, June 25, 2020
Dominion Energy Transmission, Inc. filed with the Federal Energy Regulatory Commission (FERC) on June 22 a new Biological Assessment (BA) for the Atlantic Coast Pipeline (ACP), but designated the information as “privileged and confidential” and thus not available to the public. The new BA, which was developed in consultation with the U.S. Fish and Wildlife Service (FWS), is a necessary step toward the issuance of a new Biological Opinion and Incidental Take Statement (BiOp/ITC) for the ACP, as required under the Endangered Species Act. The Fourth Circuit Court of Appeals had previously twice vacated the BiOp/ITC for the ACP, which led to construction activity on the ACP being suspended in December 2018.
Southern Environmental law Center wrote FERC on June 24 requesting that a public version of the new BA be posted on the FERC docket within five business days (by June 30), in accordance with statutory requirements.