Berkeley Lab Releases Annual Status Report on U.S. Renewable Portfolio Standards

On April 6, 2016, Lawrence Berkeley National Laboratory (Berkeley Lab) published its 2016 Annual Status Report analyzing the state of Renewables Portfolio Standards (RPS) in the U.S.  This most recent report is part of Berkeley Lab’s ongoing efforts to track and analyze state RPS initiatives and policies.  Key highlights from the report include:

  • Recent Legislative Revisions – Between 2015 and April 2016, over 180 RPS-related bills have been introduced.  Most notably, California, Hawaii, Oregon, and Vermont have recently implemented new or expanded RPS policies, and efforts to expand RPS in New York State are underway.
  • Historical Impacts on Renewables Development – Over 60% of growth in U.S. renewable electricity generation and 57% of growth in renewable capacity since 2000 is attributable to RPS policies.  Although the majority of RPS-driven capacity growth to date has been wind (64%), solar energy has recently taken the lead, making up 69% of new RPS builds in 2015.
  • Growing RPS Demand – Although 2015 was the terminal year for RPS programs in Michigan, Montana, New York, Texas, and Wisconsin, total demand for renewable energy driven by RPS programs is expected to double from 215 terawatt-hours (TWh) in 2015 to 431 TWh in 2030.
  • Projected Future Development – RPS programs are expected to drive the addition of 60 gigawatts (GW) of primarily non-hydroelectric renewables capacity by 2030, beyond the 114 GW of capacity installed as of the end of 2015.
  • Achievement of Interim RPS Targets – Attainment has been relatively strong in recent years, with states meeting approximately 95% of interim RPS targets.
  • Increased Compliance Costs – RPS compliance costs totaled approximately $2.6 billion in 2014, or $12 per megawatt-hour of renewable electricity on average, up from $2.1 billion or $11 per megawatt-hour in 2013.
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New Report on Human Health Impacts of Climate Change

Yesterday, April 4, 2016, the U.S. Global Change Research Program (USGCRP)* released The Impacts of Climate Change on Human Health in the United States: A Scientific Assessment.  The report was developed over three years in response to the President’s Climate Action Plan.  Building on the 2014 National Climate Assessment, the report details observed and projected (through 2100) climate-related health impacts in the United States.  It reaches the conclusion that “climate change impacts endanger our health by affecting our food and water sources, the air we breathe, the weather we experience, and our interactions with the built and natural environments.  As the climate continues to change, the risks to human health continue to grow.”

The report further finds that “[e]very American is vulnerable to the health impacts associated with climate change,” and that certain populations “are disproportionately vulnerable, including those with low income, some communities of color, immigrant groups (including those with limited English proficiency), Indigenous peoples, children and pregnant women, older adults, vulnerable occupational groups, persons with disabilities, and persons with preexisting or chronic medical conditions.”

The report is arranged in nine chapters.  The introductory chapter summarizes information on observations and projections of climate change in the United States and ways in which climate change, in combination with other factors, influences human health.  The middle chapters summarize research on the following specific climate-related health impacts and exposures: Temperature-Related Death and Illness; Air Quality Impacts; Extreme Events; Vector-Borne Diseases; Water-Related Illness; Food Safety, Nutrition, and Distribution; and Mental Health and Well-Being. The final chapter, Populations of Concern, identifies specific populations that may be more vulnerable to health-related impacts from climate change and the factors that may create or exacerbate such vulnerability.

In conjunction with the release of the report, the White House announced certain new initiatives to “respond to the critical challenges and vulnerabilities outlined in the Climate and Health Assessment,” which include the development of a Climate-Ready Tribes and Territories Initiative to provide awards for tribal and territorial health departments to investigate, prepare for, and adapt to the health effects of climate change.

*The USGCRP is a federal program—established by Presidential initiative in 1989 and mandated by Congress—to coordinate and integrate global change research across thirteen federal agencies.

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EPA Files Initial Brief in West Virginia v. EPA

Per the schedule set by the D.C. Circuit back in January, EPA filed its initial brief  in West Virginia v. EPA on March 28, 2016.

In the brief, EPA lays out its position that the Clean Power Plan reflects a reasonable and lawful application of EPA’s authority in order to address the unique threat of CO2 emissions from fossil-fuel-fired power plants.  The brief spans over 200 pages in total with arguments in several broad categories.

  • First, EPA argues that it acted within its authority under the Clean Air Act in promulgating the CPP.  The first two sections of EPA’s arguments maintain that EPA properly exercised its authority under Section 111 of the Clean Air Act and that Section 112 of the Clean Air Act does not bar regulation of CO2 emissions under Section 111(d).  EPA also claims that it reasonably considered statutory factors (such as cost, energy requirements, and grid reliability), reasonably calculated state-specific goals, and determined that all states will be able to develop compliant plans.
  • Second, EPA asserts that the CPP does not pose any Constitutional issues.  Specifically, EPA stresses that the CPP is an exercise in cooperative federalism, and that it neither violates the Tenth Amendment nor unlawfully commandeers states.
  • Third, EPA responds to the claims made by petitioners that EPA violated procedural requirements of the Clean Air Act.  EPA argues that it did follow proper procedures and that the final rule was a logical outgrowth of EPA’s proposal and supplemental Notice of Data Availability.
  • Fourth, EPA claims that the three Building Blocks that comprise the best system of emission reduction for existing power plants are firmly supported by the record.  EPA emphasizes that its projections are reasonable and based on numerous conservative assumptions, thus assuring that standards will be achievable.

One day later, on March 29, 2016, intervenors in support of EPA filed their initial briefs. The D.C. Circuit only permitted four such briefs, which were filed by a coalition of states and cities, clean energy groups, power companies, and environmental groups.  The next round of briefs will be filed April 1, 2016 by additional supporters (amici curiae) of EPA.

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California Carbon Capture Project Meets Its End

EPA’s New Source Performance Standards for new power plants finalized a standard based on highly efficient supercritical pulverized coal with partial carbon capture and storage (CCS), a change from the proposed standard based on integrated gasification combined cycle (IGCC) with partial CCS.  In early March, the Hydrogen Energy California Project—one of the IGCC units with CCS that EPA discussed in the proposal—announced its cancellation.  The developer withdrew the application for certification for the Kern County project (initially filed July 31, 2008) from the California Energy Commission on March 3.

In its withdrawal, the company stated that CCS “will play a key role in international, national and state efforts to curb carbon emissions, and California will continue to lead the way in advancing CCS.” Although the company believes that the site is “well suited to carbon sequestration,” obstacles such as delays and the Supreme Court’s stay of the Clean Power Plan “have cast additional uncertainty over the timing of such projects.”  The California Energy Commission terminated the proceeding the same day.

Other IGCC with partial CCS projects include the 400 MW Texas Clean Energy Project (projected start date in 2019) and the 582 MW Kemper County project (projected start date in late 2016).

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DOE to Host Tribal Renewable Energy Webinar

On March 30, 2016, the Department of Energy Office of Indian Energy Policy and Programs will host a webinar from 1:00-2:30 P.M. EST entitled “Tribal Renewable Energy Webinar: Transmission and Grid Basics for Tribal Economic and Energy Development.” The webinar will cover transmission markets, management, and ownership structures; interconnection request processes and timelines; transmission planning and operations; and fundamentals of the grid.  Registration is available here.

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