This past year represents a real turning point in the transition to electric vehicles, demonstrated by new major incentives and regulatory activities at both federal and state government levels and several notable accomplishments in the private sector. First, the U.S. government approved EV Infrastructure Deployment Plans for all 50 states, the District of Columbia and Puerto Rico with an estimated $4.155 billion in funding going to states in the next five years to build out EV infrastructure.… More
The new year brings new NEPA (interim) guidance on climate change. It recommends several ways that federal agencies should consider climate change impacts for projects subject to NEPA review. The guidance is effective immediately but is subject to a 60-day comment period that could lead to revisions. Comments on the guidance are due to CEQ on March 10, 2023.
All projects that are federally funded or need federal permits,… More
Carbon dioxide removal (CDR), or the range of technologies and processes for removing carbon dioxide from the atmosphere and oceans, promises to be a major part of US and global climate strategy in the coming decades. Recent governmental actions have created significant financial incentives for the rapidly growing CDR sector.
Given the heightened importance of CDR technologies, some regulators and members of the public are calling for a broader range of measures to ensure that CDR projects are accurately monitored,… More
Last month’s proposed rulemaking for the Renewable Fuel Standard (“RFS”) from the Environmental Protection Agency (“EPA”) proposed significant changes to the RFS Program, which we summarized in a prior post. One of the major changes in the proposed rule is its treatment of biogas and renewable natural gas (“RNG”): the rule would open up new potential RIN generation from biogas through changes to the eRIN program and the establishment of RNG as a biointermediate. … More
The U.S. Department of Energy (DOE) recently announced a $3.5 billion funding opportunity to create regional Direct Air Capture (DAC) Hubs. The DAC Hubs program is one of four new programs announced by the Biden-Harris administration aimed at building “a commercially viable, just, and responsible carbon dioxide removal industry,” in the U.S. with funds from the Bipartisan Infrastructure Law (BIL).
Under the DAC Hubs program,… More
On December 28, 2022, staff of the New York State Department of Public Service (DPS) and the New York State Energy Research and Development Authority (NYSERDA) released the much-awaited New York’s 6 GW Energy Storage Roadmap: Policy Options for Continued Growth in Energy Storage (Roadmap). This Roadmap builds upon a prior roadmap issued in 2018 and puts forward a comprehensive plan to deploy six gigawatts (GW) of energy storage by 2030 – a goal Governor Kathy Hochul announced in her January 2022 State of the State address,… More
- The IRS issued initial guidance on prevailing wage and apprenticeship requirements for energy projects commencing construction on or after January 29, 2023. See our blog post on the details of and applicable tax credit implications of the guidance here.
What you should know about the labor impacts of the guidance:
- The prevailing wage requirements are largely derived from the prevailing wage regime established by the federal Davis Bacon Act.…
Earlier this month, the Massachusetts Clean Energy Center (MassCEC) and the Massachusetts Department of Energy Resources (DOER) issued a Request for Proposals for a consultant to conduct an energy storage market update and strategy study for mid- and long-duration energy storage in the Commonwealth. Responses to the RFP are due on January 18, 2023.
The RFP, issued pursuant to Section 80 of An Act Driving Climate Policy Forward,… More
On December 15, 2022, the Federal Energy Regulatory Commission (“FERC”) issued a notice of proposed rulemaking in which the Commission proposes to implement its newly clarified authority under the 2021 Infrastructure Investment and Jobs Act (“IIJA”) to issue permits if a state denies an applicant’s request to site transmission facilities in a designated National Interest Electric Transmission Corridor (“National Corridor”).
Such change has potential—in certain cases—to tilt the balance of transmission permitting authority toward FERC and away from the states (where such authority traditionally has been held),… More
On December 9, 2022, Foley Hoag continued its twenty-year plus commitment in hosting the latest gathering of the Raab Associates New England Electricity Restructuring Roundtable. The Roundtable has been meeting four to six times per year since 1995 to discuss current topics related to revolutionary changes in the electric power industry in Massachusetts and beyond.
Entitled “Transforming Policy, Procurement & Data to Achieve Carbon-Free Electricity in New England,” this Roundtable consisted of two panels,… More