At its January 26, 2024 meeting, the Oregon Energy Facility Siting Council (EFSC) approved an ambitious rulemaking schedule for 2024 that will include consideration of changes to a wide range of EFSC rules. Detailed information regarding EFSC’s rulemaking projects can be found on EFSC’s website. Notable 2024 rulemaking projects will include potential changes to
Minnesota Community Solar Garden Updates – New Program To Begin Accepting Applications
In early January, the Minnesota Department of Commerce shared new details about the state’s Low and Moderate-income Accessible Community Solar Garden program (the “Program”) application process and requirements. Among other features, the Program emphasizes subscribing low- and moderate-income (“LMI”) households and public interest organizations and establishes new consumer protection requirements. Applications for the Program will be submitted and reviewed in batches – starting February 1, 2024 – and new caps on project size and Program size will apply.Continue Reading Minnesota Community Solar Garden Updates – New Program To Begin Accepting Applications
California Public Utilities Commission Implements New Prevailing Wage Requirements for Large NEM Projects Seeking to Interconnect After December 31, 2023
On November 16, the California Public Utilities Commission (Commission) voted to adopt a decision resolving the remaining issues in the Net Energy Metering (NEM) proceeding. The decision, issued on November 22 as D.23-11-068, applies the net billing tariff concept adopted in D.22-12-56 to virtual net metering customers (VNEM) and aggregated NEM customers (NEMA), which
Oregon Raises EFSC Jurisdictional Floor for Solar Facilities: Developers Will Have Additional Permitting Options Starting January 1, 2024
On June 23, 2023, the Oregon Legislature passed House Bill (HB) 3179, which changes the definition of energy facilities subject to mandatory Oregon Energy Facility Siting Council (EFSC) jurisdiction. Signed by Oregon’s Governor on July 18, 2023, HB 3179 will go into effect January 1, 2024. HB 3179 will provide more flexibility for certain
DOE Announces 7 Hydrogen Hubs Eligible for $7 Billion in Funding
On October 13, 2023, the United States Department of Energy (“DOE”) announced seven proposals from around the country selected to enter negotiations to receive funding under the DOE’s Regional Clean Hydrogen Hubs (“H2Hubs”) program. Projects located in California, Minnesota, North Dakota, South Dakota, Washington, Oregon, Montana, Texas, West Virginia, Ohio, Pennsylvania, Delaware, and New Jersey are included in the seven hydrogen hub proposals selected to enter negotiations to receive H2Hubs funding. In total, the seven projects covering these states are eligible to receive a share of up to $7 billion in federal cost-share funding.
H2Hubs is a federal program established under the Bipartisan Infrastructure Law to provide funding to create regional networks of hydrogen producers, consumers, and local infrastructure to accelerate the use, delivery, and storage of hydrogen across the United States. The program allocates a total of $8 billion in funding to DOE from 2022 to 2026 to create these regional hydrogen networks. The H2Hubs program is designed to support the production of clean hydrogen from a variety of feedstocks including fossil fuels, renewable energy, and nuclear energy. The program similarly provides support for a variety of end uses such as clean hydrogen production for use in the electric power generation sector, industrial sector, residential and commercial heating sector, and transportation sector.Continue Reading DOE Announces 7 Hydrogen Hubs Eligible for $7 Billion in Funding
FERC issues Final Rule on Improvements to Generator Interconnection Procedures and Agreements
At the July 27, 2023, Open Meeting, the Federal Energy Regulatory Commission (FERC) issued long-awaited Order No. 2023, the Final Rule on Improvements to Generator Interconnection Procedures and Agreements in Docket No. RM22-14-000. The rulemaking arose from the Advanced Notice of Proposed Rulemaking: Building for the Future Through Electric Regional Transmission Planning and Cost
CPUC Opens Rulemaking to Streamline Permitting Procedures for Electrical Facilities
During its May 18 voting meeting, the California Public Utilities Commission (Commission) voted to open a new rulemaking proceeding that will consider improvements to its permitting procedures for electric infrastructure projects that fall under its jurisdiction. The Commission’s action is driven by increased legislative and policy interest in reducing barriers to energy infrastructure development to
CPUC Considers Party Proposals on Implementing New Prevailing Wage Requirements for Renewable Energy Projects in California
The California Public Utilities Commission (CPUC or Commission) is weighing party comments on implementation of Assembly Bill (AB) 2143. Enacted last year, AB 2143 will take effect on January 1, 2024. This bill extends existing prevailing wage requirements for public works to the construction of any renewable electrical generation facility, and any associated battery storage
D.C. Circuit Affirms FERC’s Broadview Order Confirming that Qualifying Facilities May Install Greater than 80 MW of Nameplate Generating Capacity
7/8/2024 Update: The U.S. Supreme Court has vacated the D.C. Circuit’s order, discussed below. The D.C. Circuit applied Chevron deference in affirming FERC’s decision in the proceeding below. As a result, the U.S. Supreme Court has vacated and remanded back to the D.C. Circuit to reconsider the case in light of Chevron being overturned.
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Commission Issues Long-Awaited Proposed Decision in Transportation Electrification (TE) Proceeding, Setting a Framework for California TE Policy and Investment
On October 14, 2022, the assigned Commissioner (Rechtschaffen) issued a proposed decision (PD) on Transportation Electrification Policy and Investment in the pending rulemaking (R.) 18-12-006 before the California Public Utilities Commission (Commission). Commission approval of the PD would adopt a new Transportation Electrification Framework (TEF) to guide utility investments in electric vehicle (EV) charging infrastructure and would authorize $1 billion in ratepayer funding for the first five years of the TE program, known as Funding Cycle 1 (FC1). In recognition of the rapidly evolving EV landscape, the PD proposes to cap spending during first three years of FC1, which is a five-year funding cycle, at $600 million, and access to the remaining $400 million budget is held until the Commission issues a “Mid-Cycle Assessment” decision to determine whether modifications to or termination of the program budget is warranted. Notably, the Commission would prohibit Fortune 1000 companies from receiving any FC1 rebates, regardless of whether they propose to operate in a disadvantaged community. Continue Reading Commission Issues Long-Awaited Proposed Decision in Transportation Electrification (TE) Proceeding, Setting a Framework for California TE Policy and Investment