State and Tribal Associations Weigh In on CEIP Proposal

Comments have started coming in on the proposed Clean Energy Incentive Program (CEIP) design details.  Here are some highlights:

• The National Association of State Energy Officials (NASEO) submitted comments taking no position on the merits or legality of the CPP and generally seeking clarity and increased flexibility for states that participate in the CEIP.  For example, NASEO urges EPA to stay away from overly restrictive definitions of low-income communities that would be burdensome to document.  NASEO also asks EPA to include energy efficiency as an allowable resource for the 1:1 match available to renewable energy.  NASEO states that combined heat and power (CHP) and waste-heat-to-power should be recognized as eligible for the low-income match.  NASEO notes that some projects may commence operations in accordance with the rule’s date thresholds but be implemented pursuant to a pre-existing program, and asks that EPA clarify that these projects are eligible for CEIP participation.  NASEO also asks for an explicit signal that state energy offices, public utility commissions, and other agencies may certify or vet evaluation, measurement, and verification procedures (not just state air quality agencies and EPA).
• The National Tribal Air Association (NTAA) submitted comments addressing elements of the proposed design details most relevant to NTAA’s member tribes.  NTAA notes that EPA has proposed language that prohibits states from excluding projects on tribal lands from receiving early action credits or allowances and suggests some clarifications, citing an estimate that tribal lands have almost 6% of the technically feasible renewable energy resources in the U.S.  NTAA asks that EPA include a tribal set-aside for renewable energy and energy efficiency programs that would be commensurate with the pro rata shares of tribal renewable energy resources and low-income households.  NTAA asks EPA to expand eligible renewable energy technologies to include biomass and to allow projects receiving other incentives to be eligible to participate in the CEIP.  NTAA repeats its recommendation that EPA adopt a national federal implementation plan for tribes, which would allow tribes to participate in the CEIP independent from a state (among other things).

In case you missed it, EPA extended the comment deadline to November 1, 2016.  EPA states that this extension is to allow for requested tribal consultation on the proposal.  (The request of the states challenging the CPP for an extension appears to still be pending.)