OntarioÂ’s iron-fisted energy model

By National Post


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At the G20 Pittsburgh summit, Canada endorsed a commitment to end subsidies to fossil fuel industries and step up subsidies to renewable energy sources. “We commit to... stimulate investment in clean energy, renewables, and energy efficiency,” said the leaders.

If anybody wonders what stimulating clean and green energy programs might mean to economic policy, a working model has just come into effect in Ontario.

Billed as a North American first, the new Ontario green energy plan involves imposing hidden taxes on electricity consumers to fund an industrial strategy based on government directives, subsidies and trade protectionism — all for the benefit of a select collection of rent-seeking corporate interests. Now those corporate interests and local community activists can apply to the Ontario Power Authority (OPA) for new “Feed-in Tariffs” on new wind, solar, biomass and other renewable generating facilities.

While the going price of electricity at the wholesale level in Ontario is currently around 4 or 5 cents a kilowatt hour, the OPA is offering feed-in tariff contracts at between 45 and 80 cents to companies building new solar power generating facilities, 13.5 cents on land-based wind farms, 19 cents on off-shore wind farms, and between 10.4 and 19.5 cents on biogas projects.

OPA calls these feed-in subsidies “the first comprehensive guaranteed pricing structure for renewable electricity production.” Being first doesn’t make new taxes any more appealing. The added cost of these subsidies will be borne by electricity consumers, who will see their electricity prices rise to fund the operations.

Feed-in tariff regimes also appear to have been a disaster in Europe — like Denmark’s wind power experience. It’s an odd time to subsidize electricity. Key sectors of the Ontario economy have been in major free fall, driving industrial electricity demand down 23% so far this year. Power demand from steel and auto making, pulp and paper and mining is not expected to recover any time soon. Consumer demand is also crashing, in part because of the failure of global warming to show up during the summer. July was the second coldest in 40 years and peak power demand was down 25%.

Into this market Ontario plans to subsidize the arrival of fashionable solar and wind power — even though there is likely going to be little demand and electricity prices are going to be low. In a cagey move, the province has yet to set a target for renewable power as a share of the total electricity market. But an army of corporate players is ready to collect the subsidies, including Samsung, the Korean industrial giant that is looking at building a 55-turbine wind farm in the province and collect the guaranteed 13.5-cent FIT — plus other incentives.

Nobody would do any of this voluntarily, especially in today’s dead power markets and with green energy priced way beyond market prices. As a result, Energy Minister George Smitherman had no choice but to swing an iron fist. In a recent letter to the OPA, Mr. Smitherman personally seized control of the agency. “I write pursuant to my authority as the Minister of Energy and Infrastructure, in order to exercise the statutory powers of ministerial direction which I have in respect of the Ontario Power Authority.”

There followed a series of instructions: “I direct you to develop a feed-in tariff (FIT) program.” And “I direct the OPA” to engage in a range of other command-and-control initiatives to boost green energy in communities, municipalities and on Aboriginal lands.

One of those directives flies in the face of another G20 effort aimed at “reduction or elimination of barriers to trade and investment in this area.” Barrier reduction is to be “voluntary,” although it is clear Ontario plans to do little volunteering. “I direct,” ordered Mr. Smitherman, “the OPA to require that each wind power and solar PV project and solar microFIT project contained a defined percentage of domestic content.” Since Ontario has only one solar-panel maker within its borders, that’s good news for the solar panel maker, if not for consumers paying the 80-cent feed-in tariff.

ItÂ’s impossible to know how these protectionist provisions play against the reports that Canada and the United States are currently attempting to negotiate a new deal on local procurement. The provinces are said to be among the obstacles to a deal that would exempt Canada from Buy America provisions and exempt America from Buy Canadian provisions. Ontario seems to be heading in the wrong direction.

Whatever happens on domestic protectionism, Ontario power consumers are going to be paying more than market prices for electricity, and not just for green electricity.

TransCanada Corp. has announced plans to build a $1.2-billion gas-fired power plant in the Toronto suburb of Oakville. While there are no guaranteed feed-in tariffs for gas, one of TransCanada’s bankers says the new plant will receive a guaranteed regulated rate of return on the investment over 20 years, thereby “protecting the company from the current weak Ontario power market.”

Under the new Ontario electric power and green energy plans, personally directed by the minister, everybody is protected and subsidized except consumers.

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Want Clean And Universal Electricity? Create The Incentives To Double The Investment, World Leaders Say

IRENA Climate Investment Platform accelerates renewable energy financing through de-risking, bankable projects, and public-private partnerships, advancing Paris Agreement goals via grid integration, microgrids, and decarbonization while expanding access, jobs, and sustainable economic growth.

 

Key Points

A global platform linking bankable renewable projects with finance, derisking and partners to scale decarbonization.

✅ Connects developers with banks, funds, and insurers

✅ Promotes de-risking via policy, PPAs, and legal frameworks

✅ Targets Paris goals with grid, microgrids, and off-grid access

 

The heads-of-state and energy ministers from more than 120 nations just met in Abu Dhabi and they had one thing in common: a passion to increase the use of renewable energy to reduce the threat from global warming — one that will also boost economic output and spread prosperity. Access to finance, though, is critical to this goal. 

Indeed, the central message to emerge from the conference hosted by the International Renewable Energy Agency (IRENA) this week in the United Arab Emirates is that a global energy transition is underway that has the potential to revitalize economies and to lift people out of poverty. But such a conversion requires international cooperation and a common desire to address the climate cause. 

“The renewable energy sector created jobs employing 11 million people in 2019 and provided off-grid solutions, having helped bring the number of people with no access to electricity to under 1 billion,” the current president of the UN General Assembly Tiijani Muhammad-Bande of Nigeria told the audience. 

Today In: Business
While renewables are improving energy access and reducing inequities, they also have the potential to curb CO2 emissions globally. The goal is to shrink them by 45% by 2030 and 90% by 2050, with Canada's net-zero race highlighting the role of renewable energy in achieving those targets. Getting there, though, requires progressive government policies that will help to attract financing. 

According to IRENA, investment in the clean energy sector is now at $330 billion a year. But if the 2050 goals are to be reached, those levels must nearly double to $750 billion annually. The green energy sector does not want to compete with the oil and gas sectors but rather, it is seeking to diversify fuel sources — a strategy that could help make electricity systems more resilient to climate risks. To hit the Paris agreement’s targets, it says that renewable energy deployment must increase by a factor of six.  

To that end, IRENA is forming a “climate investment platform” that will bring ideas to the table and then introduce prospective parties. It will focus on those projects that it believes are “bankable.”

It’s about helping project developers find banks, private companies and pension funds to finance their worthy projects, IRENA Director General Francesco La Camera said in response to this reporter’s question. Moreover, he said that the platform would work to ensure there is a sound legal structure and that there is legislative support to “de-risk” the investments. 

“Overcoming investment needs for energy transformation infrastructure is one of the most notable barriers to the achievement of national goals,” La Camera says. “Therefore, the provision of capital to support the adoption of renewable energy is key to low-carbon sustainable economic development and plays a central role in bringing about positive social outcomes.”

If the monies are to flow into new projects, governments have to create an environment where innovation is to be rewarded: tax incentives for renewables along with the design and implementation of transition plans. The aim is to scale up which in turn, leads to new jobs and greater economic productivity — a payback of three-to-seven times the initial investment.  

The path of least resistance, for now, is off-grid green energy solutions, or providing electricity to rural areas by installing solar panels that may connect to localized microgrids. Africa, which has a half-billion people without reliable electricity, would benefit. However, “If you want to go to scale and have bankable projects, you have to be connected to the grid,” Moira Wahba, with the UN Development Program, told this writer. “That requires large capital and private enterprise.”

Public policy must thus work to create the knowledge base and the advocacy to help de-risk the investments. Government’s role is to reassure investors that they will not be subject to arbitrary laws or the crony allocation of contracts. Risk takers know there are no guarantees. But they want to compete on a level playing. 

Analyzing Risk Profiles

He is speaking during the World Energy Future Summit. 
Sultan Al Jabber, chief executive of Abu Dhabi’s national oil company, Adnoc, who is also the former ... [+]ABU DHABI SUSTAINABILITY WEEK
How do foreign investors square the role of utilities that are considered safe and sound with their potential expansion into new fields such as investing in carbon-free electricity and in new places? The elimination of risk is not possible, says Mohamed Jameel Al Ramahi, chief executive officer of UAE-based Masdar. But the need to decarbonize is paramount. The head of the renewable energy company says that every jurisdiction has its own risk profile but that each one must be fully transparent while also properly structuring their policies and regulations. And there needs to be insurance for political risks. 

The United States and China, for example, are already “de-risked,” because they are deploying “gigawatts of renewables,” he told this writer. “When we talk about doubling the amount of needed investment, we have to take into account the risk profile of the whole world. If it is a high-risk jurisdiction, it will be difficult to bring in foreign capital.” 

The most compelling factor that will drive investment is whether the global community can comply with the Paris agreement, says Dr. Thani Ahmed Al Zeyoudi, Minister of the Ministry of Climate Change and the Environment for the United Arab Emirates. The goal is to limit increases to 2 degrees Celsius by mid-century, with the understanding that the UN’s latest climate report emphasizes that positive results are urgently needed. 

One of the most effective mechanisms is the public-private model. Governments, for example, are signing long-term power purchase agreements, giving project developers the necessary income they need to operate, and in the EU plans to double electricity use by 2050 are reinforcing these commitments. They can also provide grants and bring in international partners such as the World Bank. 

“We are seeing the impact of climate change with the various extreme events: the Australian fires, the cyclones and the droughts,” the minister told reporters. “We can no longer pass this to future generations to deal with.” 

The United Arab Emirates is not just talking about it, adds Sultan Al Jabber, chief executive of Abu Dhabi’s national oil company, Adnoc, who is also the former head of subsidiary Masdar. It is acting now, and across Europe Big Oil is turning electric as traditional players pivot too. His comments came during Abu Dhabi’s Sustainability Week at the World Future Energy Summit. The country is “walking the walk” by investing in renewable projects around the globe and it is growing its own green energy portfolio. Addressing climate change is “right” while it is also making “perfect economic sense.” 

The green energy transition has taken root in advanced economies while it is making inroads in the developing world — a movement that has the twin effect of addressing climate change and creating economic opportunities, and one that aligns with calls to transform into a sustainable electric planet for long-term prosperity. But private investment must double, which requires proactive governments to limit unnecessary risks and to craft the incentives to attract risk-takers. 

 

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Ontario Energy Board Sets New Electricity Rate Plan Prices and Support Program Thresholds

OESP Eligibility 2024 updates Ontario electricity affordability: TOU, Tiered, Ultra-Low-Overnight price plans, online bill calculator, higher income thresholds, monthly credits for low-income households, and a winter disconnection ban for residential customers.

 

Key Points

Raises income thresholds and credits to help low-income Ontarians cut electricity costs and choose suitable price plans.

✅ TOU, Tiered, and ULO price plans with online bill calculator

✅ Income eligibility thresholds raised up to 35% on March 1, 2024

✅ Winter disconnection ban for residences: Nov 15, 2023 to Apr 30, 2024

 

Residential, small business and farm customers can choose their price plan, either Time-Of-Use (TOU), Tiered or the ultra-low overnight rates price plan available to many customers. The OEB has an online bill calculator to help customers who are considering a switch in price plans and monitoring changes for electricity consumers this year. 

The Government of Ontario announced on Friday, October 19, 2023, that it is raising the income eligibility thresholds that enable Ontarians to qualify for the Ontario Electricity Support Program (OESP) by up to 35 percent. OESP is part of Ontario’s energy affordability framework and other support for electric bills meant to reduce the cost of electricity for low-income households by applying a monthly credit directly on to electricity bills.. The higher income eligibility thresholds will begin on March 1, 2024.

The amount of OESP bill credit is determined by the number of people living in a home and the household’s combined income, and can help offset typical bill increases many customers experience. The current income thresholds cap income eligibility at $28,000 for one-person households and $52,000 for five-person households, and temporary measures like the off-peak price freeze have also influenced bills in recent periods.

The new income eligibility thresholds, which will be in effect beginning March 1, 2024, will allow many more families to access the program as rates are about to change across Ontario.

In addition, under the OEB’s winter disconnection ban, which follows the Nov. 1 rate increase, electricity distributors cannot disconnect residential customers for non-payment from November 15, 2023, to April 30, 2024.

 

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IEA: Electricity investment surpasses oil and gas for the first time

Electricity Investment Surpasses Oil and Gas 2016, driven by renewable energy, power grids, and energy efficiency, as IEA reports lower oil and gas spending, rising solar and wind capacity, and declining coal power plant approvals.

 

Key Points

A 2016 milestone where electricity topped global energy investment, led by renewables, grids, and efficiency, per the IEA.

✅ IEA: electricity investment hit $718b; oil and gas fell to $650b.

✅ Renewables led with $297b; solar and wind unit costs declined.

✅ Coal plant approvals plunged; networks and storage spending rose.

 

Investments in electricity surpassed those in oil and gas for the first time ever in 2016 on a spending splurge on renewable energy and power grids as the fall in crude prices led to deep cuts, the International Energy Agency (IEA) said.

Total energy investment fell for the second straight year by 12 per cent to US$1.7 trillion compared with 2015, the IEA said. Oil and gas investments plunged 26 per cent to US$650 billion, down by over a quarter in 2016, and electricity generation slipped 5 per cent.

"This decline (in energy investment) is attributed to two reasons," IEA chief economist Laszlo Varro told journalists.

"The reaction of the oil and gas industry to the prolonged period of low oil prices which was a period of harsh investment cuts; and technological progress which is reducing investment costs in both renewable power and in oil and gas," he said.

Oil and gas investment is expected to rebound modestly by 3 per cent in 2017, driven by a 53 per cent upswing in U.S. shale, and spending in Russia and the Middle East, the IEA said in a report.

"The rapid ramp up of U.S. shale activities has triggered an increase of U.S. shale costs of 16 per cent in 2017 after having almost halved from 2014-16," the report said.

The global electricity sector, however, was the largest recipient of energy investment in 2016 for the first time ever, overtaking oil, gas and coal combined, the report said.

"Robust investments in renewable energy and increased spending in electricity networks, which supports the outlook that low-emissions sources will cover most demand growth, made electricity the biggest area of capital investments," Varro said.

Electricity investment worldwide was US$718 billion, lifted by higher spending in power grids which offset the fall in power generation investments.

"Investment in new renewables-based power capacity, at US$297 billion, remained the largest area of electricity spending, despite falling back by 3 per cent as clean energy investment in developing nations slipped, the report said."

Although renewables investments was 3 per cent lower than five years ago, capacity additions were 50 per cent higher and expected output from this capacity about 35 per cent higher, thanks to the fall in unit costs and technology improvements in solar PV and wind generation, the IEA said.

 

COAL INVESTMENT IS COMING TO AN END

Investments in coal-fired electricity plants fell sharply. Sanctioning of new coal power plants fell to the lowest level in nearly 15 years, reflecting concerns about local air pollution, and emergence of overcapacity and competition from renewables, with renewables poised to eclipse coal in global power generation, notably in China. Coal investments, however, grew in India.

"Coal investment is coming to an end. At the very least, it is coming to a pause," Varro said.

The IEA report said energy efficiency investments continued to expand in 2016, reaching US$231 billion, with most of it going to the building sector globally.

Electric vehicles sales rose 38 per cent in 2016 to 750,000 vehicles at $6 billion, and represented 10 per cent of all transport efficiency spending. Some US$6 billion was spent globally on electronic vehicle charging stations, the IEA said.

Spending on electricity networks and storage continued the steady rise of the past five years, as surging electricity demand puts power systems under strain, reaching an all-time high of US$277 billion in 2016, with 30 per cent of the expansion driven by China’s spending in its distribution system, the report said.

China led the world in energy investments with 21 per cent of global total share, the report said, driven by low-carbon electricity supply and networks projects.

Although oil and gas investments fell in the United States in 2016, its total energy investments rose 16 per cent, even as Americans use less electricity in recent years, on the back of spending in renewables projects, the IEA report said.

 

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California Public Utilities Commission sides with community energy program over SDG&E

CPUC Decision on San Diego Community Power directs SDG&E to use updated forecasts, stabilizing electricity rates for CCA customers and supporting clean energy in San Diego with accurate rate forecasting and reduced volatility.

 

Key Points

A CPUC ruling directing SDG&E to use updated forecasts to ensure accurate, stable CCA rates and limit volatility.

✅ Uses 2021 sales forecasts for rate setting

✅ Aims to prevent undercollection and bill spikes

✅ Levels changes across customer classes

 

The California Public Utilities Commission on Thursday sided with the soon-to-launch San Diego community energy program in a dispute it had with San Diego Gas & Electric.

San Diego Community Power — which will begin to purchase power for customers in San Diego, Chula Vista, La Mesa, Encinitas and Imperial Beach later this year — had complained to the commission that data SDG&E intended to use to calculate rates, including community choice exit fees that could make the new energy program less attractive to prospective customers.

SDG&E argued it was using numbers it was authorized to employ as part of a general rate case amid a potential rate structure revamp that is still being considered by the commission.

But in a 4-0 vote, the commission, or CPUC, sided with San Diego Community Power and directed SDG&E to use an updated forecast for energy sales.

"This was not an easy decision," said CPUC president Marybel Batjer at the meeting, held remotely due to COVID-19 restrictions. "In my mind, this outcome best accounts for the shifting realities ... in the San Diego area while minimizing the impact on ratepayers during these difficult financial times."

In filings to the commission, SDG&E predicted a rate decrease of 12.35 percent in the coming year. While that appears to be good news for customers, Californians still face soaring electricity prices statewide, Commissioner Martha Guzman Aceves said the data set SDG&E wanted to use would lead to an undercollection of $150 million to $260 million.

That would result in rates that would be "artificially low," Guzman Aceves said, and rates "would inevitably go up quite a bit after the undercollection was addressed."

San Diego Community Power, or SDCP, said the temporary reduction would make its rates less attractive than SDG&E's, especially amid SDG&E's minimum charge proposal affecting low-usage customers, just as it is about to begin serving customers. SDCP's board members wrote an open letter last month to the commission, accusing the utility of "willful manipulation of data."

Working with an administrative law judge at the CPUC, Guzman Aceves authored a proposal requiring SDG&E to use numbers based on 2021 forecasts, as regulators simultaneously weigh whether the state needs more power plants to ensure reliability. The utility argued that could result in an increase of "roughly 40 percent" for medium and large commercial and industrial customers this year.

To help reduce potential volatility, Guzman Aceves, SDCP and other community energy supporters called for using a formula that would average out changes in rates across customer classes amid debates over income-based utility charges statewide. That's what the commissioners OK'd Thursday.

"It is essential that customer commodity rates be as accurate as we can possibly get them to avoid undercollections," said Commissioner Genevieve Shiroma.

San Diego Community Power is one of 23 community choice aggregation, or CCA, energy programs that have launched in California in the past decade.

CCAs compete with traditional power companies amid California's evolving power competition landscape, in one important role — purchasing power for a given community. They were created to boost the use of cleaner energy sources, such as wind and solar, at rates equal to or lower than investor-owned utilities.

However, CCAs do not replace utilities because the incumbent power companies still perform all of the tasks outside of power purchasing, such as transmission and distribution of energy and customer billing.

When a CCA is formed, California rules stipulate the utility customers in that area are automatically enrolled in the CCA. If customers prefer to stay with their previous power company, they can opt out of joining the CCA.

The shift of customers from SDG&E to San Diego Community Power is expected to be large. The total number of accounts for SDCP is expected to be 770,000, which would make it the second-largest CCA in the state. That's why SDCP considered Thursday's CPUC decision to be so important.

"At a time when customers are choosing between sticking with San Diego Gas & Electric and migrating to a CCA, we want them to have accurate bill information," said Commissioner Clifford Rechtschaffen.

"SDCP is very happy with today's CPUC decision, and that the commissioners shared our goal of limiting rate volatility for businesses and families in the region," said SDCP interim CEO Bill Carnahan. "This is definitely a win for accurate rate forecasting, and our mutual customers, and we look forward to working with SDG&E on next steps."

In an email, SDG&E spokeswoman Helen Gao said, "We are committed to continuing to work collaboratively with local Community Choice Aggregation programs to support their successful launch in 2021 and ensure that our mutual customers receive excellent customer service."

San Diego Community Power's case before the CPUC was joined by the California Community Choice Association, a trade group advocating for CCAs, and the Clean Energy Alliance — the North County-based CCA representing Del Mar, Solana Beach and Carlsbad that is scheduled to launch this summer.

SDCP will begin its rollout this year, folding in about 71,000 municipal, commercial and industrial accounts. The bulk of its roughly 700,000 residential accounts is expected to come in January 2022.

 

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Europe's Thirst for Electricity Spurs Nordic Grid Blockade

Nordic Power Grid Dispute highlights cross-border interconnector congestion, curtailed exports and imports, hydropower priorities, winter demand spikes, rising spot prices, and transmission grid security amid decarbonization efforts across Sweden, Norway, Finland, and Denmark.

 

Key Points

A clash over interconnectors and capacity cuts reshaping trade, prices, and reliability in the Nordic power market.

✅ Sweden cuts interconnector capacity to protect grid stability

✅ Norway prioritizes higher-priced exports via new cables

✅ Finland and Denmark seek EU action on capacity curtailments

 

A spat over electricity supplies is heating up in northern Europe. Sweden is blocking Norway from using its grids to transfer power from producers throughout the region. That’s angered Norway, which in turn has cut flows to its Nordic neighbor.

The dispute has built up around the use of cross-border power cables, which are a key part of Europe’s plans to decarbonize since they give adjacent countries access to low-carbon resources such as wind or hydropower. The electricity flows to wherever prices are higher, informed by how electricity is priced across Europe, without interference from grid operators -- but in the event of a supply squeeze, flows can be stopped.

Sweden moved to safeguard the security of its grid after Norway started increasing electricity exports through huge new cables to Germany and the U.K. Those exports at times have drawn energy away from Sweden, resulting in the country’s system operator cutting capacity at its Nordic borders, preventing exports but also hindering imports, which it relies on to handle demand spikes during winter.

“This is not a good situation in the long run,” Christian Holtz, a energy market consultant for Merlin & Metis AB.

Norway hit back last week by cutting flows to Sweden, this will prioritize better paying customers in Europe, amid Irish price spikes that highlight dispatchable shortages, giving them access to its vast hydro resources at the expense of its Nordic neighbors. 

By partially closing its borders Sweden can’t access imports either, which it relies on to handle demand spikes during the coldest days of the winter. 

In Denmark, unusual summer and autumn winds have at times delivered extraordinarily low electricity prices that ripple through regional markets.

The Swedish grid manager Svenska Kraftnat has reduced export capacity at cables across its borders by as much as half this year to keep operations secure. Finland and Denmark rely on imports too and the cuts will come at a cost for millions of homes and industries across the four nations already contending with record electricity rates this year. 

Finland and Denmark want the European Union to end the exemption to regulations that make such reductions possible in the first place, as Europe is losing nuclear power and facing tighter supply.

“Imports from our neighboring countries ensure adequacy at times of peak consumption,” said Reima Paivinen, head of operation at the Finland’s Fingrid. “The recent surge in electricity prices throughout Europe does not directly affect the adequacy of electricity, but prices may rise dramatically for short periods.”

Svenska Kraftnat says it’s not political -- it has no choice but to cut capacity until its old grids are expanded to handle the new direction of flows, a challenge mirrored by grid expansion woes in Germany that slow integration. That could take at least until 2030 to complete, it said earlier this year. At the same time, Norway halving available export capacity to about 1,200 megawatts will increase risk of shortages. 

“If we need more we will have to count on imports from other countries,” said Erik Ek, head of strategic operation at Svenska Kraftnat. “If that is not available, we will have to disconnect users the day it gets cold.”

 

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How Should California Wind Down Its Fossil Fuel Industry?

California Managed Decline of Fossil Fuels aligns oil phaseout with carbon neutrality, leveraging ZEV adoption, solar and wind growth, severance taxes, drilling setbacks, fracking oversight, CARB rules, and CalGEM regulation to deliver a just transition.

 

Key Points

California's strategy to phase out oil and gas while meeting carbon-neutral goals through policy, regulation, and equity.

✅ Severance taxes fund clean energy and workforce transition.

✅ Setbacks restrict drilling near schools, homes, and hospitals.

✅ CARB and CalGEM tighten fracking oversight and ZEV targets.

 

California’s energy past is on a collision course with its future. Think of major oil-producing U.S. states, and Texas, Alaska or North Dakota probably come to mind. Although its position relative to other states has been falling for 20 years, California remains the seventh-largest oil-producing state, with 162 million barrels of crude coming up in 2018, translating to tax revenue and jobs.

At the same time, California leads the nation in solar rooftops and electric vehicles on the road by a wide margin and ranking fifth in installed wind capacity. Clean energy is the state’s future, and the state is increasingly exporting its energy policies across the West, influencing regional markets. By law, California must have 100 percent carbon-free electricity by 2045, and an executive order signed by former Governor Jerry Brown calls for economywide carbon-neutrality by the same year.

So how can the state reconcile its divergent energy path? How should clean-energy-minded lawmakers wind down California’s oil and gas sector in a way that aligns with the state’s long-term climate targets while providing a just transition for the industry’s workforce?

Any efforts to reduce fossil fuel supply must run parallel to aggressive demand-reduction measures such as California’s push to have 5 million zero-emission vehicles on the road by 2030, said Ethan Elkind, director of Berkeley Law's climate program, especially amid debates over keeping the lights on without fossil fuels in the near term. After all, if oil demand in California remains strong, crude from outside the state will simply fill the void.

“If we don’t stop using it, then that supply is going to get here, even if it’s not produced in-state,” Elkind said in an interview.

Lawmakers have a number of options for policies that would draw down and eventually phase out fossil fuel production in California, according to a new report from the Center for Law, Energy and the Environment at the UC Berkeley School of Law, co-authored by Elkind and Ted Lamm.

They could impose a higher price on California's oil production through a "severance" tax or carbon-based fee, with the revenue directed to measures that wean the state from fossil fuels. (California, alone among major oil-producing states, does not have an oil severance tax.)

Lawmakers could establish a minimum drilling setback from schools, playgrounds, homes and other sensitive sites. They could push the state's oil and gas regulator, the California Geologic Energy Management Division, to prioritize environmental and climate concerns.

A major factor holding lawmakers back is, of course, politics, including debates over blackouts and climate policy that shape public perception. Given the state’s clean-energy ambitions, it might surprise non-Californians that the oil and gas industry is one of the Golden State’s most powerful special interest groups.

Overcoming a "third-rail issue" in California politics
The Western States Petroleum Association, the sector’s trade group in California's capital of Sacramento, spent $8.8 million lobbying state policymakers in 2019, more than any other interest group. Over the last five years, the group, which cultivates both Democratic and Republican lawmakers, has spent $43.3 million on lobbying, nearly double the total of the second-largest lobbying spender.

Despite former Governor Brown’s reputation as a climate champion, critics say he was unwilling to forcefully take on the oil and gas industry. However, things may take a different turn under Brown's successor, Governor Gavin Newsom.

In May 2019, when Newsom released California's midyear budget revision (PDF), the governor's office noted the need for "careful study and planning to decrease demand and supply of fossil fuels, while managing the decline in a way that is economically responsible and sustainable.”

Related reliability concerns surfaced as blackouts revealed lapses in power supply across the state.

Writing for the advocacy organization Oil Change International, David Turnbull observed, “This may mark the first time that a sitting governor in California has recognized the need to embark upon a managed decline of fossil fuel supply in the state.”

“It is significant because typically this is one of those third-rail issues, kind of a hot potato that governors don’t even want to touch at all — including Jerry Brown, to a large extent, who really focused much more on the demand side of fuel consumption in the state,” said Berkeley Law’s Elkind.

California's revised budget included $1.5 million for a Transition to a Carbon-Neutral Economy report, which is being prepared by University of California researchers for the California Environmental Protection Agency. In an email, a CalEPA spokesperson said the report is due by the end of this year.

Winding down oil and gas production
Since the release of the revised budget last May, Newsom has taken initial steps to increase oversight of the oil and gas industry. In July 2019, he fired the state’s top oil and gas regulator for issuing too many permits to hydraulically fracture, or frack, wells.

Later in the year, he appointed new leadership to oversee oil and gas regulation in the state, and he signed a package of bills that placed constraints on fossil fuel production. The next month, Newsom halted the approval of new fracking operations until pending permits could be reviewed by a panel of scientists at Lawrence Livermore National Laboratory. The California Geologic Energy Management Division (CalGEM) did not resume issuing fracking permit approvals until April of this year.

Not all steps have been in the same direction. This month Newsom dropped a proposal to add dozens of analysts, engineers and geologists at CalGEM, citing COVID-related economic pressure. The move would have increased regulatory oversight on fossil fuel producers and was opposed by the state's oil industry.

Ultimately, more durable measures to wind down fossil fuel supply and demand will require new legislation, even as regulators weigh whether the state needs more power plants to maintain reliability.

A 2019 bill by Assemblymember Al Muratsuchi (D-Torrance), AB 345, would have codified the minimum 2,500-foot setback for new oil and gas wells. However, before the final vote in the Assembly, the bill’s buffer requirement was dropped and replaced with a requirement for CalGEM “to consider a setback distance of 2,500 feet.” The bill passed the Assembly in January over "no" votes from several moderate Democrats; it now awaits action in the Senate.

A bill previously introduced by Assemblymember Phil Ting (D-San Francisco), AB 1745, didn’t even make it that far. Ting’s bill would have required that all new passenger cars registered in the state after January 1, 2040, be zero-emission vehicles (ZEV). The bill died in committee without a vote in April 2018.

But the backing of the California Air Resources Board (CARB), one of the world's most powerful air-quality regulators, could change the political conversation. In March, CARB chair Mary Nichols said she now supports consideration of California establishing a 100 percent zero-emission vehicle sales target by 2030, as policymakers also consider a revamp of electricity rates to clean the grid.

“In the past, I’ve been skeptical about whether that would do more harm than good in terms of the backlash by dealers and others against something that sounded so un-California like,” Nichols said during an online event. “But as time has gone on, I’ve become more convinced that we need to send the longer-term signal about where we’re headed.”

Another complicating factor for California’s political leaders is the lack of a willing federal partner — at least in the short term — in winding down oil and gas production, amid warnings about a looming electricity shortage that could pressure the grid.

Under the Trump administration, the Bureau of Land Management, which oversees 15 million acres of federal land in California, has pushed to open more than 1 million acres of public and private land across eight counties in Central California to fracking. In January 2020, California filed a federal lawsuit to block the move.

 

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