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An update on Oklahoma from Laura Suesser and Sara Bergan:

The Oklahoma legislature passed three bills (H.B. 2973, S.B. 1787, and H.B. 3028) in 2010 that affect the renewable energy industry. Two have already gone into effect and the third will go into effect on January 1, 2011. A summary of each bill is included below.

The Oklahoma Wind Energy Development Act (the “Act”), H.B. 2973, becomes effective on January 1, 2011 and will be codified in Okla. Stat. tit. 17 §§160.11-17 (2010). The Act includes the following:

  • Decommissioning: Decommissioning requirements apply to any wind energy facility entering into or renewing a power purchase agreement (PPA) on or after January 1, 2011. If energy is not being sold under a PPA, the requirements apply to wind energy facilities which commence construction on or after January 1, 2011. The requirements include:
    • Restoration: Owners of a wind energy facility must remove wind energy equipment (to a depth of 30”) and restore land surfaces to substantially the same pre-construction condition (excluding roads) within 12 months of abandonment of a project or the end of the useful life of the equipment.
    • Cost Estimate and Posting of Financial Security: After the 15th year of operation, facility owners must file a professional estimate of the decommissioning costs together with a financial security (either a surety bond, collateral bond, parent guaranty or letter of credit) to cover such costs. Those failing to so file may incur an administrative penalty of up to $1,500/day.
  •  Payment Statements and Access to Records: Any owner or operator making payments to landowners based on the amount of electrical energy produced is required to deliver a statement to the landowner, within 10 business days of payment, explaining the payment calculation and a means for the landowner to confirm its accuracy. Landowners have the right to inspect owner/operator records to confirm the accuracy of payments for up to 24 months following payment. Records must be made available for review within the state of Oklahoma.  
  •  Insurance:   Owners or operators are required to obtain commercial general liability insurance policy with limits consistent with prevailing industry standards (or a combination of self insurance and excess liability insurance policy), which name the landowner as an additional insured and certificates of insurance must be delivered to landowner prior to commencing construction of the facility.

Continue Reading Oklahoma’s Significant Renewable Energy Legislation is Going Into Effect

Last week, the U.S. Department of the Interior’s Bureau of Reclamation ("Reclamation") issued a draft report titled "Hydropower Resource Assessment at Existing Reclamation Facilities" (the "Resource Assessment") for public comment.  The Resource Assessment provides information on 530 exiting Reclamation sites and makes a preliminary determination about whether or not hydropower development at each facility would…

On June 8, 2010, Utah Governor Gary Herbert launched a formal planning process for the Utah Energy Initiative.  Over the past several months the members of the Utah Energy Initiative Task Force and various subcommittees have conducted public hearings and a series of meetings to gather input for purposes of drafting a 10-year strategic energy plan.  The Energy Initiative Task Force issued a draft report on November 3, 2010.  Written comments on the draft report are due by November 10, 2010 and should be submitted to abuchholz@utah.gov.  A public hearing at which public comment will be accepted will be held on November 10, 2010 from 5:00 to 7:00 p.m., at the Senate Building (State Capitol complex east building), Room 215, Salt Lake City, Utah.

The energy plan outlined in the report contains the following themes:

  1. Economic Development and Energy Jobs
  2. Energy Development and Environment
  3. Energy Efficiency, Conservation and Demand-Response
  4. Transportation and Air Quality
  5. Transmission, Infrastructure and Transportation
  6. Developing and Applying Technology and Science

Continue Reading Utah Energy Initiative Task Force Issues Draft Plan

A legal update from our colleagues Seth Hilton, John McKinsey and Allison Smith:

The results are in on the California election, and it’s supportive of renewable energy. The two most important developments: Jerry Brown prevailed over Meg Whitman in the gubernatorial race and Proposition 23 failed. The election appears to have been, in part, an affirmation of California’s quest to expand its use of renewable energy.

Proposition 23 would have suspended the California Global Warming Solutions Act (AB 32) until the state’s unemployment rate dropped to 5.5% or less for four consecutive quarters. Given that California’s current unemployment rate is about 12% and the unemployment rate has been below 5.5% for four consecutive quarters only three times since 1980, Proposition 23 would have likely halted the implementation of AB 32 indefinitely. AB 32 mandates a reduction in greenhouse gas emissions to 1990 levels by 2020. More importantly for the renewably energy industry, the current mandate for 33% of the state’s electricity to come from renewable energy resources by 2020 hinges almost entirely on AB 32. The California Air Resources Board (ARB), pursuant to its authority under AB 32 and following the edict of Governor Schwarzenegger’s Executive Orders S-21-09 and S-14-08, is implementing a "33% by 2020" renewable energy standard (RES).Continue Reading California Election Results Provide Endorsement for Renewable Energy

On October 28, 2010, Pacific Gas & Electric ("PG&E") announced that it was suspending development of its Humboldt WaveConnect Pilot Project (FERC Docket No. P-12779) off of the Northern California coast.  The company stated that "several major challenges made the project unviable at its current location and configuation."  However, "PG&E remains committed to [wave energy] technology." 

In fact…

In response to the National Oceanic and Atmospheric Administration’s federal funding opportunity ("FFO") to support Regional Ocean Partnerships ("ROPs"), the West Coast Governors’ Agreement on Ocean Health ("WCGA") will hold workshops in California, Oregon, and Washington next month to help develop its proposal for a portion of the funding.  The WCGA is the ROP for the…

Wednesday, December 8, 2010 7:30 a.m. – 5:30 p.m., San Francisco
Thursday, December 9, 2010 9:45 a.m. –5:30 p.m., San Francisco

As a member of the Advisory Board and the Conference Chair, I would like to extend to you an invitation to US-China Wind 2010, presented by Infocast. Join me and my fellow colleagues…

Don’t forget that the deadline for Phase I grant applications under the U.S. Department of Energy’s ("DOE") Small Business Innovation Research ("SBIR") and Small Business Technology Transfer ("STTR") programs is 8:00 p.m. Eastern, November 15, 2010.  Qualified small businesses with strong research capabilities in science or engineering in any of the research areas identified…