Time for Green Act in Ontario?

By Toronto Star


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Environmental groups are converged on Queen's Park to encourage the creation of a Green Energy Act for Ontario, essentially legislation that would make energy conservation and renewable power in the province more than a series of uncoordinated, feel-good announcements.

The legislation they propose would be modeled after a similar act in Germany, which by giving priority to renewables such as wind and solar has become a global powerhouse in the sector.

Germany is a country about a third the physical size of Ontario, but it has managed to put more renewable power on its grid than all nuclear, fossil fuel and renewable capacity in Ontario combined. In doing so, it has created employment for 230,000 people and built a thriving industry.

Environmentalist David Suzuki says Premier Dalton McGuinty is a forward-looking leader, but like many politicians he's cautious about introducing major change. The result is that the province, while it has made efforts to improve energy efficiency, encourage conservation and put more renewable power on the grid, is still approaching green-energy development with half measures.

One example is the introduction of new rules last month that will have the effect – intentional or not – of slowing down investment in and development of renewable power projects under Ontario's wildly successful standard-offer program, which pays out a premium to small-scale producers of green energy.

"He's got to take the step off the edge of the cliff and really make the commitment," says Suzuki, adding there's still too much "old Ontario Hydro" mentality calling the shots and putting greater priority on big, expensive mega-projects – such as new nuclear plants.

"This gives the illusion McGuinty is acting strongly, that jobs are being created and all that, but the new millennium is not about mega-projects but about diverse, small-scale projects. And that's much more stable than putting all your eggs into a new Darlington."

Kristopher Stevens, executive director of the Ontario Sustainable Energy Association, says the purpose of a Green Energy Act would be to create a high-level framework that streamlines the development of renewable energy.

Currently, different pieces of legislation cover different aspects of development and several ministries – environment, energy, natural resources, agriculture and public infrastructure renewal, to name a few – each have their hand in the pot. The proposed act would focus development efforts through a single lens to streamline green-energy development.

Stevens, whose group is a lead proponent of the act, says the aim is to have "all the pieces aligned and pulled in the same direction."

If done properly, it would create green-collar jobs, re-energize Ontario's struggling manufacturing sector, empower rural communities and native groups and make the electricity system more diverse and robust.

A big question is whether there is a conflict of vision going on between the premier's office and the Ontario Power Authority.

The Energy Ministry has set targets for renewables and nuclear power to help guide the authority's 20-year power system blueprint for the province.

Environmentalists argue the power authority is treating those targets as a maximum for renewables and a minimum for nuclear, whereas they say the opposite is what the government intended.

There's $60 billion in planned investments on the line over the next 20 years, and Stevens says most of it looks like it will be invested in the system we already have, rather than the vision of what it could be.

Deb Doncaster, who's heading up Ontario's newly created Community Power Fund, says there needs to be a "reclaiming of authority" by the premier so conservation, renewables and other green technologies can form the basis of an industrial strategy for the province.

Energy consultant Marion Fraser, a former senior adviser to the Minister of Energy, says market forces alone won't get us there.

"The electricity system has evolved over 100 years toward large central plants and we need to re-orient the system. Without something like a Green Energy Act to actually provide the legislative framework, it just won't happen."

The timing of the proposed green legislation is prescient, not just because oil is near $130 a barrel or talk of a carbon tax has captured headlines – although this helps. It's also because the much-touted nuclear industry "renaissance" has been sidetracked by escalating costs and construction setbacks. It means the economic argument for choosing nuclear, as outlined in the power authority's 20-year plan, likely underestimates the true cost of building a new plant today.

Suzuki says the Premier, if he's not aware of the risks involved with the province's current plan, should be. At the same time, he says the Ontario government needs to stop thinking that mass deployment of renewables is a losing strategy.

"Anybody who says that it puts you at a disadvantage is totally talking bull****," says Suzuki.

McGuinty must know that if the province doesn't take this plunge, some other neighbouring jurisdiction will, motivated by the desire to eat Ontario's economic lunch.

New York Times columnist Thomas Friedman wrote about how "amazing" it would be if politicians faced our energy problems head on and told the truth.

"Every decade we look back and say: 'If only we had done the right thing then, we would be in a different position today'," he wrote.

Germany did it. Japan did it. The question is whether Ontario's current government has the guts to make a tough call, and act on it with conviction.

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Cleaning up Canada's electricity is critical to meeting climate pledges

Canada Clean Electricity Standard targets a net-zero grid by 2035, using carbon pricing, CO2 caps, and carbon capture while expanding renewables and interprovincial trade to decarbonize power in Alberta, Saskatchewan, and Ontario.

 

Key Points

A federal plan to reach a net-zero grid by 2035 using CO2 caps, carbon pricing, carbon capture, renewables, and trade.

✅ CO2 caps and rising carbon prices through 2050

✅ Carbon capture required on gas plants in high-emitting provinces

✅ Renewables build-out and interprovincial trade to balance supply

 

A new tool has been proposed in the federal election campaign as a way of eradicating the carbon emissions from Canada’s patchwork electricity system. 

As the country’s need for power grows through the decarbonization of transportation, industry and space heating, the Liberal Party climate plan is proposing a clean energy standard to help Canada achieve a 100% net-zero-electricity system by 2035, aligning with Canada’s net-zero by 2050 target overall. 

The proposal echoes a report released August 19 by the David Suzuki Foundation and a group of environmental NGOs that also calls for a clean electricity standard, capping power-sector emissions, and tighter carbon-pricing regulations. The report, written by Simon Fraser University climate economist Mark Jaccard and data analyst Brad Griffin, asserts that these policies would effectively decarbonize Canada’s electricity system by 2035.

“Fuel switching from dirty fossil fuels to clean electricity is an essential part of any serious pathway to transition to a net-zero energy system by 2050,” writes Tom Green, climate policy advisor to the Suzuki Foundation, in a foreword to the report. The pathway to a net-zero grid is even more important as Canada switches from fossil fuels to electric vehicles, space heating and industrial processes, even as the Canadian Gas Association warns of high transition costs.

Under Jaccard and Griffin’s proposal, a clean electricity standard would be established to regulate CO2 emissions specifically from power plants across Canada. In addition, the plan includes an increase in the carbon price imposed on electricity system releases, combined with tighter regulation to ensure that 100% of the carbon price set by the federal government is charged to electricity producers. The authors propose that the current scheduled carbon price of $170 per tonne of CO2 in 2030 should rise to at least $300 per tonne by 2050.

In Alberta, Saskatchewan, Ontario, New Brunswick and Nova Scotia, the 2030 standard would mean that all fossil-fuel-powered electricity plants would require carbon capture in order to comply with the standard. The provinces would be given until 2035 to drop to zero grams CO2 per kilowatt hour, matching the 2030 standard for low-carbon provinces (Quebec, British Columbia, Manitoba, Newfoundland and Labrador and Prince Edward Island). 

Alberta and Saskatchewan targeted 
Canada has a relatively clean electricity system, as shown by nationwide progress in electricity, with about 80% of the country’s power generated from low- or zero-emission sources. So the biggest impacts of the proposal will be felt in the higher-carbon provinces of Alberta and Saskatchewan. Alberta has a plan to switch from coal-based electric power to natural gas generation by 2023. But Saskatchewan is still working on its plan. Under the Jaccard-Griffin proposal, these provinces would need to install carbon capture on their gas-fired plants by 2030 and carbon-negative technology (biomass with carbon capture, for instance) by 2035. Saskatchewan has been operating carbon capture and storage technology at its Boundary Dam power station since 2014, but large-scale rollout at power plants has not yet been achieved in Canada. 

With its heavy reliance on nuclear and hydro generation, Ontario’s electricity supply is already low carbon. Natural gas now accounts for about 7% of the province’s grid, but the clean electricity standard could pose a big challenge for the province as it ramps up natural-gas-generated power to replace electricity from its aging Pickering station, scheduled to go out of service in 2025, even as a fully renewable grid by 2030 remains a debated goal. Pickering currently supplies about 14% of Ontario’s power. 

Ontario doesn’t have large geological basins for underground CO2 storage, as Alberta and Saskatchewan do, so the report says Ontario will have to build up its solar and wind generation significantly as part of Canada’s renewable energy race, or find a solution to capture CO2 from its gas plants. The Ontario Clean Air Alliance has kicked off a campaign to encourage the Ontario government to phase out gas-fired generation by purchasing power from Quebec or installing new solar or wind power.

As the report points out, the federal government has Supreme Court–sanctioned authority to impose carbon regulations, such as a clean electricity standard, and carbon pricing on the provinces, with significant policy implications for electricity grids nationwide.

The federal government can also mandate a national approach to CO2 reduction regardless of fuel source, encouraging higher-carbon provinces to work with their lower-carbon neighbours. The Atlantic provinces would be encouraged to buy power from hydro-heavy Newfoundland, for example, while Ontario would be encouraged to buy power from Quebec, Saskatchewan from Manitoba, and Alberta from British Columbia.

The Canadian Electricity Association, the umbrella organization for Canada’s power sector, did not respond to a request for comment on the Jaccard-Griffin report or the Liberal net-zero grid proposal.

Just how much more clean power will Canada need? 
The proposal has also kicked off a debate, and an IEA report underscores rising demand, about exactly how much additional electricity Canada will need in coming decades.

In his 2015 report, Pathways to Deep Decarbonization in Canada, energy and climate analyst Chris Bataille estimated that to achieve Canada’s climate net-zero target by 2050 the country will need to double its electricity use by that year.

Jaccard and Griffin agree with this estimate, saying that Canada will need more than 1,200 terawatt hours of electricity per year in 2050, up from about 640 terawatt hours currently.

But energy and climate consultant Ralph Torrie (also director of research at Corporate Knights) disputes this analysis.

He says large-scale programs to make the economy more energy efficient could substantially reduce electricity demand. A major program to install heat pumps and replace inefficient electric heating in homes and businesses could save 50 terawatt hours of consumption on its own, according to a recent report from Torrie and colleague Brendan Haley. 

Put in context, 50 terawatt hours would require generation from 7,500 large wind turbines. Applied to electric vehicle charging, 50 terawatt hours could power 10 million electric vehicles.

While Torrie doesn’t dispute the need to bring the power system to net-zero, he also doesn’t believe the “arm-waving argument that the demand for electricity is necessarily going to double because of the electrification associated with decarbonization.” 

 

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How offshore wind energy is powering up the UK

UK Offshore Wind Expansion will make wind the main power source, driving renewable energy, offshore projects, smart grids, battery storage, and interconnectors to cut carbon emissions, boost exports, and attract global investment.

 

Key Points

A UK strategy to scale offshore wind, integrate smart grids and storage, cut emissions and drive investment and exports

✅ 30% energy target by 2030, backed by CfD support

✅ 250m industry investment and smart grid build-out

✅ Battery storage and interconnectors balance intermittency

 

Plans are afoot to make wind the UKs main power source for the first time in history amid ambitious targets to generate 30 percent of its total energy supply by 2030, up from 8 percent at present.

A recently inked deal will see the offshore wind industry invest 250 million into technology and infrastructure over the next 11 years, with the government committing up to 557 million in support, under a renewable energy auction that boosts wind and tidal projects, as part of its bid to lower carbon emissions to 80 percent of 1990 levels by 2050.

Offshore wind investment is crucial for meeting decarbonisation targets while increasing energy production, says Dominic Szanto, Director, Energy and Infrastructure at JLL. The governments approach over the last seven years has been to promise support to the industry, provided that cost reduction targets were met. This certainty has led to the development of larger, more efficient wind turbines which means the cost of offshore wind energy is a third of what it was in 2012.

 

Boosting the wind industry

Offshore wind power has been gathering pace in the UK and has grown despite COVID-19 disruptions in recent years. Earlier this year, the Hornsea One wind farm, the worlds largest offshore generator which is located off the Yorkshire coast, started producing electricity. When fully operational in 2020, the project will supply energy to over a million homes, and a further two phases are planned over the coming decade.

Over 10 gigawatts of offshore wind either already has government support or is eligible to apply for it in the near future, following a 10 GW contract award that underscores momentum, representing over 30 billion of likely investment opportunities.

Capital is coming from European utility firms and increasingly from Asian strategic investors looking to learn from the UKs experience. The attractive government support mechanism means banks are keen to lend into the sector, says Szanto.

New investment in the UKs offshore wind sector will also help to counter the growing influence of China. The UK is currently the worlds largest offshore wind market, but by 2021 it will be outstripped by China.

Through its new deal, the government hopes to increase wind power exports fivefold to 2.6 billion per year by 2030, with the UKs manufacturing and engineering skills driving projects in growth markets in Europe and Asia and in developing countries supported by the World Bank support through financing and advisory programs.

Over the next two decades, theres a massive opportunity for the UK to maintain its industry leading position by designing, constructing, operating and financing offshore wind projects, says Szanto. Building on projects such as the Hywind project in Scotland, it could become a major export to countries like the USA and Japan, where U.S. lessons from the U.K. are informing policy and coastal waters are much deeper.

 

Wind-powered smart grids

As wind power becomes a major contributor to the UKs energy supply, which will be increasingly made up of renewable sources in coming decades, there are key infrastructure challenges to overcome.

A real challenge is that the UKs power generation is becoming far more decentralised, with smaller power stations such as onshore wind farms and solar parks and more prosumers residential houses with rooftop solar coupled with a significant rise in intermittent generation, says Szanto. The grid was never designed to manage energy use like that.

One potential part of the solution is to use offshore wind farms in other sites in European waters.

By developing connections between wind projects from neighbouring countries, it will create super-grids that will help mitigate intermittency issues, says Szanto.

More advanced energy storage batteries will also be key for when less energy is generated on still days. There is a growing need for batteries that can store large amounts of energy and smart technology to discharge that energy. Were going through a revolution where new technology companies are working to enable a much smarter grid.

Future smart grids, based on developing technology such as blockchain, might enable the direct trading of energy between generators and consumers, with algorithms that can manage many localised sources and, critically, ensure a smooth power supply.

Investors seeking a higher-yield market are increasingly turning to battery technology, Szanto says. In a future smart grid, for example, batteries could store electricity bought cheaply at low-usage times then sold at peak usage prices or be used to provide backup energy services to other companies.

 

Majors investing in the transition

Its not just new energy technology companies driving change; established oil and gas companies are accelerating spending on renewable energy. Shell has committed to $1-2 billion per year on clean energy technologies out of a $25-30 billion budget, while Equinor plans to spend 15-20 percent of its budget on renewables by 2030.

The oil and gas majors have the global footprint to deliver offshore wind projects in every country, says Szanto. This could also create co-investment opportunities for other investors in the sector especially as nascent wind markets such as the U.S., where the U.S. offshore wind timeline is still developing, and Japan evolve.

European energy giants, for example, have bid to build New Yorks first offshore wind project.

As offshore wind becomes a globalised sector, with a trillion-dollar market outlook emerging, the major fuel companies will have increasingly large roles. They have the resources to undertake the years-long, cost-intensive developments of wind projects, driven by a need for new business models as the world looks beyond carbon-based fuels, says Szanto.

Oil and gas heavyweights are also making wind, solar and energy storage acquisitions BP acquired solar developer Lightsource and car-charging network Chargemaster, while Shell spent $400 million on solar and battery companies.

The public perception is that renewable energy is niche, but its now a mainstream form of energy generation., concludes Szanto.

Every nation in the world is aligned in wanting a decarbonised future. In terms of electricity, that means renewable energy and for offshore wind energy, the outlook is extremely positive.

 

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Mike Sangster to Headline Invest in African Energy Forum

TotalEnergies Africa Energy Strategy 2025 spotlights oil, gas, LNG, and renewables, with investments in Namibia, Congo, Mozambique, Uganda, Morocco, and South Africa, driving upstream growth, clean energy, and energy transition partnerships.

 

Key Points

An investment roadmap uniting oil, gas, LNG, and renewables to speed Africa's upstream growth and energy transition.

✅ Keynote by Mike Sangster at IAE Paris 2025.

✅ Oil, gas, LNG projects across Namibia, Congo, Mozambique, Uganda.

✅ Scaling renewables: solar, wind, green ammonia for export.

 

Mike Sangster, Senior Vice President for Africa at TotalEnergies, will play a pivotal role in the upcoming Invest in African Energy (IAE) Forum, which will take place in Paris on May 13-14, 2025. As a key figure in one of the world’s largest energy companies, Sangster's participation in the forum is expected to offer crucial insights into Africa’s evolving energy landscape, particularly in the areas of oil, gas, and renewable energy.

TotalEnergies' Role in Africa's Energy Landscape

TotalEnergies has long been a major player in Africa’s energy sector, driving development across both emerging and established markets. The company has a significant footprint in countries such as Namibia, the Republic of Congo, Libya, Mozambique, Uganda, and South Africa. TotalEnergies’ investments span both traditional oil and gas projects as well as renewable energy initiatives, reflecting its commitment to a more diversified energy future for Africa.

In Namibia, for instance, TotalEnergies is advancing its Venus-1 discovery, with plans to produce its first oil by the end of the decade. The company is also heavily involved in the Orange Basin exploration. Meanwhile, in the Republic of Congo, TotalEnergies is investing $600 million to enhance deepwater production at its Moho Nord field.

Beyond oil and gas, the company is expanding its renewable energy portfolio across the continent. This includes significant solar, wind, and hydropower projects, such as the 500 MW Sadada solar project in Libya, a 216 MW solar plant with battery storage in South Africa, and a 1 GW wind and solar project in Morocco designed to produce green ammonia for export.

The Invest in African Energy Forum

The IAE Forum, which TotalEnergies’ Sangster will headline, is an exclusive event aimed at facilitating investment between African energy markets and global investors, including discussions on COVID-19 funding for electricity access mechanisms that emerged, and their relevance to current capital flows. With a focus on fostering partnerships and discussions about the future of energy in Africa, the event will bring together industry experts, project developers, investors, and policymakers for two days of intensive engagement.

The forum will also serve as a crucial platform for sharing perspectives on the role of private investment, as outlined in the IEA investment outlook for Africa's power systems, in Africa’s energy future, strategies for unlocking new upstream opportunities, and the transition to a more sustainable energy system. This makes Sangster's participation, as someone directly involved in both conventional and renewable energy projects across the continent, particularly significant.

TotalEnergies' Diversified Strategy in Africa

Sangster’s keynote address and participation in an exclusive fireside chat will provide an in-depth look into TotalEnergies’ strategy for Africa. His insights will touch upon the company's ongoing projects in the oil and gas sectors, as well as its renewable energy investments. TotalEnergies has committed to making its portfolio more sustainable, underscored by its recent VSB acquisition to expand renewables capabilities, while continuing to be a leader in the energy transition.

One of the company’s notable projects is the Mozambique LNG initiative, a $20 billion venture aimed at supplying liquefied natural gas to international markets. Additionally, TotalEnergies is gearing up for the first oil from its Tilenga field in Uganda, which will be transported through the East African Crude Oil Pipeline (EACOP), the longest heated crude oil pipeline in the world.

In South Africa, TotalEnergies is constructing one of the largest renewable energy projects, a 216 MW solar power plant with integrated battery storage. This project is expected to significantly contribute to the country’s clean energy ambitions. Furthermore, in Morocco, TotalEnergies is developing a major wind and solar facility that will produce green ammonia, aligning with its broader strategy to provide solutions for Europe’s energy needs.

Africa’s Energy Transition

The forum’s timing could not be more critical, given the pressing need for an energy transition in Africa. While the continent remains heavily reliant on fossil fuels for its energy needs, there is growing momentum toward incorporating renewable energy sources, a point reinforced by the IRENA renewables report on decarbonisation and quality of life, which highlights the transformative potential. Africa’s vast natural resources, combined with global investments and partnerships, position the continent as a key player in the global shift toward sustainable energy.

However, Africa faces unique challenges in transitioning to renewable energy, reflecting a broader Sub-Saharan electricity challenge that also presents opportunity, across many markets. These challenges include a lack of infrastructure, financial constraints, and the need for increased political stability in certain regions. The IAE Forum provides an opportunity to address these barriers, with industry leaders like Sangster offering solutions based on real-world experiences and investments.

As the energy sector continues to evolve globally, and even if electricity systems are unlikely to go fully green this decade according to some outlooks, Africa's potential remains vast. The continent’s diverse energy resources, from oil and gas to renewables, offer a unique opportunity to build a more sustainable and resilient energy future. The Invest in African Energy Forum serves as an important platform for global stakeholders to collaborate, learn, and invest in the energy transformation taking place across the continent.

Mike Sangster’s insights at the forum will undoubtedly shape discussions on how companies like TotalEnergies are navigating the intersection of universal electricity access goals, sustainability, and economic growth in Africa. With Africa’s energy needs expected to increase exponentially in the coming decades, ensuring that these needs are met sustainably and equitably will be a priority for both policymakers and private investors.

As the global energy landscape continues to shift, the Invest in African Energy Forum provides a critical space for shaping the future of Africa’s energy sector, offering invaluable opportunities for investment, innovation, and collaboration.

 

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Construction starts on disputed $1B electricity corridor

New England Clean Energy Connect advances despite court delays, installing steel poles on a Maine corridor for Canadian hydropower, while legal challenges seek environmental review; permits, jobs, and grid upgrades drive the renewable transmission project.

 

Key Points

An HV line in Maine delivering 1,200 MW of Canadian hydropower to New England to cut emissions and stabilize costs.

✅ Appeals court pauses 53-mile new section; upgrades continue

✅ 1,200 MW hydropower aims to cut emissions, stabilize rates

✅ Permits issued; environmental review litigation ongoing

 

Construction on part of a $1 billion electricity transmission corridor through sparsely populated woods in western Maine is on hold because of legal action, echoing Clean Line's Iowa withdrawal amid court uncertainty, but that doesn't mean all building has been halted.

Workers installed the first of 829 steel poles Tuesday on a widened portion of the existing corridor that is part of the project near The Forks, as the groundwork is laid for the 145-mile ( 230-kilometre ) New England Clean Energy Connect, a project central to Maine's debate over the 145-mile line moving forward.

The work is getting started even though the 1st U.S. Circuit Court of Appeals delayed construction of a new 53-mile ( 85-kilometre ) section.

Three conservation groups are seeking an injunction to delay the project while they sue to force the U.S. Army Corps of Engineers to conduct a more rigorous environmental review.

In western Maine, workers already have staged heavy equipment and timber “mats” that will be used to prevent the equipment from damaging the ground. About 275 Maine workers already have been hired, and more would be hired if not for the litigation, officials said.

“This project has always promised to provide an economic boost to Maine’s economy, and we are already seeing those benefits take shape," Thorn Dickinson, CEO of the New England Clean Energy Connect, said Tuesday.

The electricity transmission line would provide a conduit for up to 1,200 megawatts of Canadian hydropower, reducing greenhouse emissions and stabilizing energy costs in New England as states pursue Connecticut's market overhaul to improve market design, supporters say.

The project, which would be fully funded by Massachusetts ratepayers to meet the state's clean energy goals after New Hampshire rejected a Quebec-Massachusetts proposal elsewhere, calls for construction of a high-voltage power line from Mount Beattie Township on the Canadian border to the regional power grid in Lewiston, Maine.

Critics have been trying to stop the project, reflecting clashes over New Hampshire hydropower in the region, saying it would destroy wilderness in western Maine. They also say that the environmental benefits of the project have been overstated.

In addition to the lawsuit, opponents have submitted petitions seeking to have a statewide vote, even as a Maine court ruling on Hydro-Quebec exports has reshaped the legal landscape.

Sandi Howard, a leading opponent of the project, said the decision by the company to proceed showed “disdain for everyday Mainers” by ignoring permit appeals and ongoing litigation.

“For years, CMP has pushed the false narrative that their unpopular and destructive project is a ‘done deal’ to bully Mainers into submission on this for-profit project. But to be clear, we won’t stop until Maine voters (their customers), have the chance to vote,” said Howard, who led the referendum petition drive for the No CMP Corridor PAC.

The project has received permits from the Army Corps, Maine Department of Environmental Protection, Maine Land Use Planning Commission and Maine Public Utilities Commission.

The final approval came in the form of a presidential permit issued last month from the U.S. Department of Energy, providing green light for the interconnect at the Canadian border, even as customer backlash to utility acquisitions elsewhere underscores public scrutiny.

 

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New bill would close loophole that left hundreds of Kentucky miners with cold checks

Kentucky Coal Wage Protection Bill strengthens performance bond enforcement, links Energy and Environment Cabinet and Labor Cabinet notifications, addresses Blackjewel bankruptcy fallout, safeguards unpaid miners, ties mining permits to payroll bonds, penalizes violators via revocations.

 

Key Points

A Kentucky plan to enforce wage bonds and revoke mining permits to protect miners after bankruptcies.

✅ Requires wage bonds for firms under 5 years

✅ Links Energy and Environment Cabinet and Labor Cabinet

✅ Violators face permit revocation in 90 days

 

Following the high-profile bankruptcy of a coal company that left hundreds of Kentucky miners with bad checks last month, Sen. Johnny Ray Turner (D-Prestonsburg) said he will pre-file a bill Thursday aimed at closing a loophole that allowed the company to operate in violation of state law.

The bill would also compel state agencies to determine whether other companies are currently in violation of the law, and could revoke mining permits if the companies don't comply.

Turner's bill would amend an already-existing law that requires coal and construction companies that have been operating in Kentucky for less than five years to post a performance bond to protect wages if the companies cease their operations.

Blackjewel LLC., which employed hundreds of miners in Eastern Kentucky, failed to post that bond. When it shut its mines down and filed for bankruptcy last month, it left hundreds of miners without payment for 3 weeks and one day of work.

The bond issue has sparked criticism from various state officials, including Attorney General Andy Beshear, who said Tuesday that he would investigate whether other companies are currently in violation, similar to an external investigation of utility workers in another jurisdiction.

Blackjewel issued cold checks to its employees June 28, and when the checks bounced days later, many employees were left with bank accounts overdrawn by more than $1,000. The bankruptcy left many miners and their families with concerns over upcoming bill and mortgage payments, and, as unpaid days off at utilities elsewhere show, the strain on workers can be severe, and fostered a ongoing protest that blocked a train hauling coal from one of the company's Harlan County mines.

Blackjewel had been operating in Kentucky for about two years before it filed for bankruptcy, so it should have paid the performance bond, according to state law.

David A. Dickerson, the Kentucky Labor Cabinet Secretary, said the law as it's currently written does not set up any mechanism that notifies the cabinet, or provides comparable public reporting at large utility projects elsewhere, when a company opens in Kentucky that is supposed to pay the bond.

That allowed Blackjewel to operate for two years without any protection for workers before it closed its mines. Had the company posted the bond according to state law, miners likely would have been paid for the work they had already completed, officials said.

The law requires companies to set aside enough money to cover payroll for four weeks.

Turner's bill would compel the state Energy and Environment Cabinet to notify the Labor Cabinet's Department of Workplace Standards of any application for a mining permit from a company that has been doing business in Kentucky for less than five years.

It also compels the EEC to notify the Labor Cabinet of any companies that already have permits that are subject to the bond.

"It should have already been that way, but I'm happy so our children don't have to go through this," said Jeff Willig, a former Blackjewel miner who helped launch the protest at the railroad.

Willig said he and other miners will continue to block the tracks until they receive payment for their past work.

Any company currently operating in violation of the law would have 90 days to become compliant before its mining permits are revoked. New companies that are applying for permits will be required post the bond before permits are issued.

"Hopefully it will take care of the loopholes that had been exploited by Blackjewel," Turner said.

The bill will be taken up by the legislature when it returns to session in January. It would also cover attorneys' fees if workers are forced to sue their employer to cover wages, underscoring broader worker safety concerns during health emergencies.

Turner said he has reached out to Republican leadership in the Senate, and expects the bill to have bipartisan support come January.

Turner announced the legislation at a press conference in Harlan, the county with the highest population of Blackjewel employees affected by the bankruptcy, and as prolonged utility outages after tornadoes have strained other Kentucky communities.

State rep. Angie Hatton (D-Whitesburg) was also in attendance, along with rep. Chris Fugate (R-Chavies) and state Sen. Morgan McGarvey (D-Louisville).

Hatton said the bankruptcy has had serious economic impact throughout Eastern Kentucky, including in Letcher County, which is home to more than 130 former Blackjewel workers.

"This is something that has done a lot of damage to Eastern Kentucky," Hatton said.

Hatton plans to file the same bill in the state House of Representatives.

Fugate commended community members in Harlan County and elsewhere who have banded together in support of the miners by donating children's clothing, school supplies, food and other goods, while other regions have created a coal transition fund to help displaced workers.

Mosley called the bankruptcy "totally unprecedented" and said the current performance bond law, which has been on-the-books since 1986, lacked the enforcement necessary to protect miners in bankruptcies like Blackjewel's, even as a workplace safety fine in another case shows regulatory consequences in other industries.

"There was a law, there wasn't good enough process," Mosley said.

Blackjewel received court approval to sell many of its mines last month, including many in Kentucky, to Kopper Glo Mining, LLC.

As part of the sale agreement, Kopper Glo said it would pay $450,000 to cover the past wages of Blackjewel miners, and collect a per ton fee accumulating up to $550,000 that it will also contribute to pay back wages.

That total $1 million is less than half of all back wages owed to Blackjewel miners, but attorneys who filed a class action suit against the company said miners have a priority lien on the purchase price. That could allow former Blackjewel employees to make good on their back wages as bankruptcy proceedings continue.

Mosley said he spoke with a Kopper Glo official Thursday, who said the company is working to re-open the mines as quickly as possible. The official did not give an exact timeline.

 

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3 ways 2021 changed electricity - What's Next

U.S. Power Sector Outlook 2022 previews clean energy targets, grid reliability and resilience upgrades, transmission expansion, renewable integration, EV charging networks, and decarbonization policies shaping utilities, markets, and climate strategies amid extreme weather risks.

 

Key Points

An outlook on clean energy goals, grid resilience, transmission, and EV infrastructure shaping U.S. decarbonization.

✅ States set 100% clean power targets; equity plans deepen.

✅ Grid reforms, transmission builds, and RTO debates intensify.

✅ EV plants, batteries, and charging corridors accelerate.

 

As sweeping climate legislation stalled in Congress this year, states and utilities were busy aiming to reshape the future of electricity.

States expanded clean energy goals and developed blueprints on how to reach them. Electric vehicles got a boost from new battery charging and factory plans.

The U.S. power sector also is sorting through billions of dollars of damage that will be paid for by customers over time. States coped with everything from blackouts during a winter storm to heat waves, hurricanes, wildfires and tornadoes. The barrage has added urgency to a push for increased grid reliability and resilience, especially as the power generation mix evolves, EV grid challenges grow as electricity is used to power cars and the climate changes.

“The magnitude of our inability to serve with these sort of discontinuous jumps in heat or cold or threats like wildfires and flooding has made it really clear that we can’t take the grid for granted anymore — and that we need to do something,” said Alison Silverstein, a Texas-based energy consultant.

Many of the announcements in 2021 could see further developments next year as legislatures, utilities and regulators flesh out details on everything from renewable projects to ways to make the grid more resilient.

On the policy front, the patchwork of state renewable energy and carbon reduction goals stands out considering Congress’ failure so far to advance a key piece of President Biden’s agenda — the "Build Back Better Act," which proposed about $550 billion for climate action. Criticism from fellow Democrats has rained on Sen. Joe Manchin (D-W.Va.) since he announced his opposition this month to that legislation (E&E Daily, Dec. 21).

The Biden administration has taken some steps to advance its priorities as it looks to decarbonize the U.S. power sector by 2035. That includes promoting electric vehicles, which are part of a goal to make the United States have net-zero emissions economywide no later than 2050. The administration has called for a national network of 500,000 EV charging stations as the American EV boom raises power-supply questions, and mandated the government begin buying only EVs by 2035.

Still, the fate of federal legislation and spending is uncertain. States and utility plans are considered a critical factor in whether Biden’s targets come to fruition. Silverstein also stressed the importance of regional cooperation as policymakers examine the grid and challenges ahead.

“Our comfort as individuals and as households and as an economy depends on the grid staying up,” Silverstein said, “and that’s no longer a given.”

Here are three areas of the electricity sector that saw changes in 2021, and could see significant developments next year:

 

1. Clean energy
The list of states with new or revamped clean energy goals expanded again in 2021, with Oregon and Illinois joining the ranks requiring 100 percent zero-carbon electricity in 2040 and 2050, respectively.

Washington state passed a cap-and-trade bill. Massachusetts and Rhode Island adopted 2050 net-zero goals.

North Carolina adopted a law requiring a 70 percent cut in carbon emissions by 2030 from 2005 levels and establishing a midcentury net-zero goal.

Nebraska didn’t adopt a statewide policy, but its three public power districts voted separately to approve clean energy goals, actions that will collectively have the same effect. Even the governor of fossil-fuel-heavy North Dakota, during an oil conference speech, declared a goal of making the state carbon-neutral by the end of the decade.

These and other states join hundreds of local governments, big energy users and utilities, which were also busy establishing and reworking renewable energy and climate goals this year in response to public and investor pressure.

However, many of the details on how states will reach those targets are still to be determined, including factors such as how much natural gas will remain online and how many renewable projects will connect to the grid.

Decisions on clean energy that could be made in 2022 include a key one in Arizona, which has seen support rise and fall over the years for a proposal to lead to 100 percent clean power for regulated electric utilities. The Arizona Corporation Commission could discuss the matter in January, though final approval of the plan is not a sure thing. Eyes also are on California, where a much bigger grid for EVs will be needed, as it ponders a recent proposal on rooftop solar that has supporters of renewables worried about added costs that could hamper the industry.

In the wake of the major energy bill North Carolina passed in 2021, observers are waiting for Duke Energy Corp.’s filing of its carbon-reduction plan with state utility regulators. That plan will help determine the future electricity mix in the state.

Warren Leon, executive director of the Clean Energy States Alliance (CESA), said that without federal action, state goals are “going to be more difficult to achieve.”

State and federal policies are complementary, not substitutes, he said. And Washington can provide a tailwind and help states achieve their goals more quickly and easily.

“Progress is going to be most rapid if both the states and the federal government are moving in the same direction, but either of them operating independently of the others can still make a difference,” he said.

While emissions reductions and renewable energy goals were centerpieces of the state energy and climate policies adopted this year, there were some other common threads that could continue in 2022.

One that’s gone largely unnoticed is that an increasing number of states went beyond just setting targets for clean energy and have developed plans, or road maps, for how to meet their goals, Leon said.

Like the New Year resolutions that millions of Americans are planning — pledges to eat healthier or exercise more — it’s far easier to set ambitious goals than to achieve them.

According to CESA, California, Colorado, Nevada, Maine, Rhode Island, Massachusetts and Washington state all established plans for how to achieve their clean energy goals. Prior to late 2020, only two states — New York and New Jersey — had done so.

Another trend in state energy and climate policies: Equity and energy justice provisions factored heavily in new laws in places such as Maine, Illinois and Oregon.

Equity isn’t a new concern for states, Leon said. But state plans have become more detailed in terms of their response to ways the energy transition may affect vulnerable populations.

“They’re putting much more concrete actions in place,” he said. “And they are really figuring out how they go about electricity system planning to make sure there are new voices at the table, that the processes are different, and there are things that are going to be measured to determine whether they’re actually making progress toward equity.”

 

2. Grid
Climate change and natural disasters have been a growing worry for grid planners, and 2021 was a year the issue affected many Americans directly.

Texas’ main power grid suffered massive outages during a deadly February winter storm, and it wasn’t far from an uncontrolled blackout that could have required weeks or months of recovery.

Consumers elsewhere in the country watched as millions of Texans lost grid power and heat amid a bitter cold snap. Other parts of the central United States saw more limited power outages in February.

“I think people care about the grid a lot more this year than they did last year,” Silverstein said, adding, “All of a sudden people are realizing that electricity’s not as easy as they’ve assumed it was and … that we need to invest more.”

Many of the challenges are not specific to one state, she added.

“It seems to me that the state regulators need to put a lot — and utilities need to put a lot — more commitment into working together to solve broad regional problems in cooperative regional ways,” Silverstein said.

In 2022, multiple decisions could affect the grid, including state oversight of spending on upgrades and market proposals that could sway the amount of clean energy brought online.

A focal point will be Texas, where state regulators are examining further changes to the Electric Reliability Council of Texas’ market design. That could have major implications for how renewables develop in the state. Leaders in other parts of the country will likely keep tabs on adjustments in Texas as they ponder their own changes.

Texas has already embarked on reforms to help improve the power sector and its coordination with the natural gas system, which is critical to keeping plants running. But its primary power grid, operated by ERCOT, remains largely isolated and hasn’t been able to rule out power shortages this winter if there are extreme conditions (Energywire, Nov. 22).

Transmission also remains a key issue outside of the Lone Star State, both for resilience and to connect new wind and solar farms. In many areas of the country, the job of planning these new regional lines and figuring out how to allocate billions of dollars in costs falls to regional grid operators (Energywire, Dec. 13).

In the central U.S., the issue led to tension between states in the Midwest and the Gulf South (Energywire, Oct. 15).

In the Northeast, a Maine environmental commissioner last month suspended a permit for a major transmission project that could send hydropower to the region from Canada (Greenwire, Nov. 24). The project’s developers are now battling the state in court to force construction of the line — a process that could be resolved in 2022 — after Mainers signaled opposition in a November vote.

Advocates of a regional transmission organization for Western states, meanwhile, hope to keep building momentum even as critics question the cost savings promoted by supporters of organized markets. Among those in existing markets, states such as Louisiana are expected to monitor the costs and benefits of being associated with the Midcontinent Independent System Operator.

In other states, more details are expected to emerge in 2022 about plans announced this year.

In California, where policymakers are also exploring EVs for grid stability alongside wildfire prevention, Pacific Gas & Electric Co. announced a plan over the summer to spend billions of dollars to underground some 10,000 miles of power lines to help prevent wildfires, for example (Greenwire, July 22).

Several Southeastern utilities, including Dominion Energy Inc., Duke Energy, Southern Co. and the Tennessee Valley Authority, won FERC approval to create a new grid plan — the Southeast Energy Exchange Market, or SEEM — that they say will boost renewable energy.

SEEM is an electricity trading platform that will facilitate trading close to the times when the power is used. The new market is slated to include two time zones, which would allow excess renewables such as solar and wind to be funneled to other parts of the country to be used during peak demand times.

SEEM is significant because the Southeast does not have an organized market structure like other parts of the country, although some utilities such as Dominion and Duke do have some operations in the region managed by PJM Interconnection LLC, the largest U.S. regional grid operator.

SEEM is not a regional transmission organization (RTO) or energy imbalance market. Critics argue that because it doesn’t include a traditional independent monitor, SEEM lacks safeguards against actions that could manipulate energy prices.

Others have said the electric companies that formed SEEM did so to stave off pressure to develop an RTO. Some of the regulated electric companies involved in the new market have denied that claim.

 

3. Electric vehicles
With electric vehicles, the Midwest and Southeast gained momentum in 2021 as hubs for electrifying the transportation sector, as EVs hit an inflection point in mainstream adoption, and the Biden administration simultaneously worked to boost infrastructure to help get more EVs on the road.

From battery makers to EV startups to major auto manufacturers, companies along the entire EV supply chain spectrum moved to or expanded in those two regions, solidifying their footprint in the fast-growing sector.

A wave of industry announcements capped off in December with California-based Rivian Automotive Inc. declaring it would build a $5 billion electric truck, SUV and van factory in Georgia. Toyota Motor Corp. picked North Carolina for its first U.S.-based battery plant. General Motors Co. and a partner plan to build a $2.5 billion battery plant in GM’s home state of Michigan. And Proterra Inc. has unveiled plans to build a new battery factory in South Carolina.

Advocates hope the EV shift by automakers in the Midwest and Southeast will widen the options for customers. Automakers and startups also have been targeting states with zero-emission vehicle targets to launch new and more models because there’s an inherent demand for them.

“The states that have adopted those standards are getting more vehicles,” said Anne Blair, senior EV policy manager for the Electrification Coalition.

EV advocates say they hope those policies could help bring products like Ford’s electrified signature truck line on the road and into rural areas. Ford also is partnering with Korean partner SK Innovation Co. Ltd. to build two massive battery plants in Kentucky.

Regardless of the fanfare about new vehicles, more jobs and must-needed economic growth, barriers to EV adoption remain. Many states have tacked on annual fees, which some elected officials argue are needed to replace revenues secured from a gasoline tax.

Other states do not allow automakers to sell directly to consumers, preventing companies like Lordstown Motors Corp. and Rivian to effectively do business there.

“It’s about consumer choice and consumers having the capacity to buy the vehicles that they want and that are coming out, in new and innovative ways,” Blair told E&E News. Blair said direct sales also will help boost EV sales at traditional dealerships.

In 2022, advocates will be closely watching progress with the National Electric Highway Coalition, amid tensions over charging control among utilities and networks, which was formed by more than 50 U.S. power companies to build a coast-to-coast fast-charging network for EVs along major U.S. travel corridors by the end of 2023 (Energywire, Dec. 7).

A number of states also will be holding legislative sessions, and they could include new efforts to promote EVs — or change benefits that currently go to owners of alternative vehicles.

EV advocates will be pushing for lawmakers to remove barriers that they argue are preventing customers from buying alternative vehicles.

Conversations already have begun in Georgia to let startup EV makers sell their cars and trucks directly to consumers. In Florida, lawmakers will try again to start a framework that will create a network of charging stations as charging networks jostle for position under federal electrification efforts, as well as add annual fees to alternative vehicles to ease concerns over lost gasoline tax revenue.

 

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