Biden's Climate Law Is Working, and Not Working

Clean Electricity Standard drives Biden's infrastructure, grid decarbonization, and utility mandates, leveraging EPA regulation, renewables, nuclear, and carbon capture via reconciliation to reach 80% clean power by 2030 amid partisan Congress.

Key Points

A federal mandate to reach 80% clean U.S. power by 2030 using incentives and EPA rules to speed grid decarbonization.

✅ Targets 80% clean electricity by 2030 via Congress or reconciliation

✅ Mix of renewables, nuclear, gas with carbon capture allowed

✅ Backup levers: EPA rules, incentives, utility planning shifts

The true measure of President Biden’s climate ambition may be the clean electricity standard he tucked into his massive $2.2 trillion infrastructure spending plan.

Its goal is striking: 80% clean power in the United States by 2030.

The details, however, are vague. And so is Biden’s plan B if it fails—an uncertainty that’s worrisome to both activists and academics. The lack of a clear backup plan underscores the importance of passing a clean electricity standard, they say.

If the clean electricity standard doesn’t survive Congress, it will put pressure on the need to drive climate policy through targeted spending, said John Larsen, a power system analyst with the Rhodium Group, an economic consulting firm.

“I don’t think the game is lost at all if a clean electricity standard doesn’t get through in this round,” Larsen said. “But there’s a difference between not passing a clean electricity standard and passing the right spending package.”

In his few months in office, Biden has outlined plans to bring the United States back into the international Paris climate accord, pause oil and gas leasing on public lands, boost the electric vehicle market, and target clean energy investments in vulnerable communities, including plans to revitalize coal communities across the country, most affected by climate change.

But those are largely executive orders and spending proposals—even as early assessments show mixed results from climate law—and unlikely to last beyond his administration if the next president favors fossil fuel usage over climate policy. The clean electricity standard, which would decarbonize 80% of the electrical grid by 2030, is different.

It transforms Biden’s climate vision from a goal into a mandate. Passing it through Congress makes it that much harder for a future administration to undo. If Biden is in office for two terms, the United States would see a rate of decarbonization unparalleled in its history that would set a new bar for most of the world’s biggest economies.

But for now, the clean electricity standard faces an uncertain path through Congress and steep odds to getting enacted. That means there’s a good chance the administration will need a plan B, observers said.

Exactly what kind of climate spending can pass Congress is the very question the White House and congressional Democrats will be working on in the next few months, including upgrades to an aging power grid that affect renewables and EVs, as the infrastructure bill proceeds through Congress.

Negotiations are fraught already. Congress is almost evenly split between a party that wants to curtail the use of fossil fuels and another that wants to grow them, and even high energy prices have not necessarily triggered a green transition in the marketplace.

Senate Minority Leader Mitch McConnell (R-Ky.) said last week that “100% of my focus is on stopping this new administration.” He made similar comments at the start of the Obama administration and blocked climate policy from getting through Congress. He also said last week that no Republican senators would vote for Biden’s infrastructure spending plan.

A clean electricity standard has been referred to as the “backbone” of Biden’s climate policy—a way to ensure his policies to decarbonize the economy outlast a future president who would seek to roll back his climate work. Advocates say hitting that benchmark is an essential milestone in getting to a carbon-free grid by 2035. Much of President Obama’s climate policy, crafted largely through regulations and executive orders, proved vulnerable to President Trump’s rollbacks.

Biden appears to have learned from those lessons and wants to chart a new course to mitigate the worst effects of climate change. He’s using his majority in the House and Senate to lock in whatever he can before the 2022 midterms, when Democrats are expected to lose the House.

To pass a clean electricity standard, virtually every Democrat must be on board, and even then, the only chance of success is to pass a bill through the budget reconciliation process that can carry a clean electricity standard. Some Senate Democrats have recently hinted that they were willing to split the bill into pieces to get it through, while others are concerned that although this approach might win some GOP support on traditional infrastructure such as roads and bridges, it would isolate the climate provisions that make up more than half of the bill.

The most durable scenario for rapid electricity-sector decarbonization is to lock in a bipartisan clean electricity standard into legislation with 60 votes in the Senate, said Mike O’Boyle, the director of electricity policy for Energy Innovation. Because that’s highly unlikely—if not impossible—there are other paths that could get the United States to the 80% goal within the next decade.

“The next best approach is to either, or in combination, pursue EPA regulation of power plant pollution from existing and new power plants as well as to take a reconciliation-based approach to a clean electricity standard where you’re basically spending federal dollars to provide incentives to drive clean electricity deployment as opposed to a mandate per se,” he said.

Either way, O’Boyle said the introduction of the clean electricity standard sets a new bar for the federal government that likely would drive industry response even if it doesn’t get enacted. He compared it to the Clean Power Plan, Obama’s initiative to limit power plant emissions. Even though the plan never came to fruition, because of a Clean Power Plan rollback, it left a legacy that continues years later and wasn’t negated by a president who prioritized fossil fuels over the climate, he said.

“It never got enacted, but it still created a titanic shift in the way utilities plan their systems and proactively reposition themselves for future carbon regulation of their electricity systems,” O’Boyle said. “I think any action by the Biden administration or by Congress through reconciliation would have a similar catalytic function over the next couple years.”

Some don’t think a clean electricity standard has a doomed future. Right now, its provisions are vague. But they can be filled in in a way that doesn’t alienate Republicans or states more hesitant toward climate policy, said Sally Benson, an engineering professor at Stanford University and an expert on low-carbon energy systems. The United States is overdue for a federal mandate that lasts through multiple administrations. The only way to ensure that happens is to get Republican support.

She said that might be possible by making the clean electricity standard more flexible. Mandate the goals, she said, not how states get there. Going 100% renewable is not going to sell in some states or with some lawmakers, she added. For some regions, flexibility will mean keeping nuclear plants open. For others, it would mean using natural gas with carbon capture, Benson said.

While it might not meet the standards some progressives seek to end all fossil fuel usage, it would have a better chance of getting enacted and remaining in place through multiple presidents, she said. In fact, a clean electricity standard would provide a chance for carbon capture, which has been at the center of Republican climate policy proposals. Benson said carbon capture is not economical now, but the mandate of a standard could encourage investments that would drive the sector forward more rapidly.

“If it’s a plan that people see as shutting the door to nuclear or to natural gas plus carbon capture, I think we will face a lot of pushback,” she said. “Make it an inclusive plan with a specific goal of getting to zero emissions and there’s not one way to do it, meaning all renewables—I think that’s the thing that could garner a lot of industrial support to make progress.”

In addition to industry, Biden’s proposed clean electricity standard would drive states to do more, said Larsen of the Rhodium Group. Several states already have their own version of a clean energy standard and have driven much of the national progress on carbon emissions reduction in the last four years, he said. Biden has set a new benchmark that some states, including those with some of the biggest economies in the United States, would now likely exceed, he said.

“It is rare for the federal government to get out in front of leading states in clean energy policy,” he said. “This is not usually how climate policy diffusion works from the state level to the federal level; usually it’s states go ahead and the federal government adopts something that’s less ambitious.”

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California Electric School Bus Mandate 2035 sets zero-emission requirements, outlines funding, state reimbursement, fleet electrification, infrastructure, and cost estimates, highlighting exemptions for frontier districts and alignment with clean transportation and climate policy goals.

Key Points

California's 2035 policy requires all new school buses be zero-emission, with funding and limited rural exemptions.

✅ Mandates zero-emission purchases for new school buses from 2035

✅ Estimates $5B transition cost with state reimbursement support

✅ Frontier districts may apply for 5-year extensions

California Governor Gavin Newsom has signed a new legislation requiring that from 2035, all newly ordered or contracted school buses must be zero-emission, a move aligned with California's push for expanded EV grid capacity statewide.

The state estimates that switching to electric school buses will cost around five billion dollars over the next decade, a projection reflecting electric bus challenges seen globally. That is because a diesel equivalent costs about 200,000 dollars less than a battery-electric version, as highlighted by critical analyses of California policy. And “the California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.”

There are about 23,800 school buses on the road in California. About 500 are already electric, with conversion initiatives expected to expand the total, and 2,078 electric buses have been ordered.

There are – as always- exceptions to the rule. So-called “frontier districts,” which have less than 600 students or are in a county with a population density of less than ten persons per square mile, can file for a five-year extension, drawing on lessons from large electric bus fleets about route length and charging constraints. However, they must “reasonably demonstrate that a daily planned bus route for transporting pupils to and from school cannot be serviced through available zero-emission technology in 2035.”

Califonia is the fifth US state to mandate electric school buses, and jurisdictions like British Columbia are deploying electric school buses as well. Connecticut, Maryland, Maine, and New York implemented similar legislation, while California continues broader zero-emission freight adoption with Volvo VNR electric trucks entering service across the state.

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Toronto Olli 2.0 Self-Driving Shuttle connects West Rouge to Rouge Hill GO with autonomous micro-transit. Electric shuttle pilot by Local Motors and Pacific Western Transportation, funded by Transport Canada, features accessibility, TTC and Metrolinx support.

Key Points

An autonomous micro-transit pilot linking West Rouge to Rouge Hill GO, with accessibility and onboard staff.

✅ Last-mile link: West Rouge to Rouge Hill GO

✅ Accessible: ramp, wheelchair securement, A/V announcements

✅ Operated with attendants; funded by Transport Canada

The city of Toronto, which recently opened an EV education centre to support adoption, has approved the use of a small, self-driving electric shuttle vehicle that will connect its West Rouge neighbourhood to the Rouge Hill GO station, a short span of a few kilometres.

It’s called the Olli 2.0, and it’s a micro-shuttle with service provided by Local Motors, in partnership with Pacific Western Transportation, as the province makes it easier to build EV charging stations to support growing demand.

The vehicle is designed to hold only eight people, and has an accessibility ramp, a wheelchair securement system, audio and visual announcements, and other features for providing rider information, aligning with transit safety policies such as the TTC’s winter lithium-ion device restrictions across the system.

“We are continuing to move our city forward on many fronts including micro-transit as we manage the effects of COVID-19,” said Mayor John Tory. “This innovative project will provide valuable insight, while embracing innovation that could help us build a better, more sustainable and equitable transportation network.”

At the provincial level, the public EV charging network has faced delays, underscoring infrastructure challenges.

Although the vehicle is “self-driving,” it will still require two people onboard for every trip during the six- to 12-month trial; those people will be a certified operator from Pacific Western Transportation, and either a TTC ambassador from an agency introducing battery electric buses across its fleet, or a Metrolinx customer service ambassador.

Funding for the program comes from Transport Canada, as part of a ten-year pilot program to test automated vehicles on Ontario’s roads that was approved in 2016, and it complements lessons from the TTC’s largest battery-electric bus fleet as well as emerging vehicle-to-grid programs that engage EV owners.

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California Gas Car Ban 2035 signals a shift to electric vehicles, raising grid reliability concerns, charging demand, and renewable energy challenges across solar, wind, and storage, amid rolling blackouts and carbon-free power mandates.

Key Points

An order ending new gasoline car sales by 2035 in California, accelerating EV adoption and pressuring the power grid.

✅ 25% EV fleet could add 232.5 GWh/day charging demand by 2040

✅ Solar and wind intermittency strains nighttime home charging

✅ Grid upgrades, storage, and load management become critical

On September 23, California Gov. Gavin Newsom issued an executive order that will ban the sale of gasoline-powered cars in the Golden State by 2035. Ignoring the hard lessons of this past summer, when California’s solar- and wind-reliant electric grid underwent rolling blackouts, Newsom now adds a huge new burden to the grid in the form of electric vehicle charging, underscoring the need for a much bigger grid to meet demand. If California officials follow through and enforce Newsom’s order, the result will be a green new car version of a train wreck.

In parallel, the state is moving on fleet transitions, allowing electric school buses only from 2035, which further adds to charging demand.

Let’s run some numbers. According to Statista, there are more than 15 million vehicles registered in California. Per the U.S. Department of Energy, there are only 256,000 electric vehicles registered in the state—just 1.7 percent of all vehicles, a share that will challenge state power grids as adoption grows.

Using the Tesla Model3 mid-range model as a baseline for an electric car, you’ll need to use about 62 kilowatt-hours (KWh) of power to charge a standard range Model 3 battery to full capacity. It will take about eight hours to fully charge it at home using the standard Tesla NEMA 14-50 charger, a routine that has prompted questions about whether EVs could crash the grid by households statewide.

Now, let’s assume that by 2040, five years after the mandate takes effect, also assuming no major increase in the number of total vehicles, California manages to increase the number of electric vehicles to 25 percent of the total vehicles in the state. If each vehicle needs an average of 62 kilowatt-hours for a full charge, then the total charging power required daily would be 3,750,000 x 62 KWh, which equals 232,500,000 KWh, or 232.5 gigawatt-hours (GWh) daily.

Utility-scale California solar electric generation according to the energy.ca.gov puts utility-scale solar generation at about 30,000 GWh per year currently. Divide that by 365 days and we get 80 GWh/day, predicted to double, to 160 GWh /day. Even if we add homeowner rooftop solar, and falling prices for solar and home batteries in the wake of blackouts, about half the utility-scale, at 40 GWh/day we come up to 200 GW/h per day, still 32 GWh short of the charging demand for a 25% electric car fleet in California. Even if rooftop solar doubles by 2040, we are at break-even, with 240GWh of production during the day.

Bottom-line, under the most optimistic best-case scenario, where solar operates at 100% of rated capacity (it seldom does), it would take every single bit of the 2040 utility-scale solar and rooftop capacity just to charge the cars during the day. That leaves nothing left for air conditioning, appliances, lighting, etc. It would all go to charging the cars, and that’s during the day when solar production peaks.

But there’s a much bigger problem. Even a grade-schooler can figure out that solar energy doesn’t work at night, when most electric vehicles will be charging at homes, even as some officials look to EVs for grid stability through vehicle-to-grid strategies. So, where does Newsom think all this extra electric power is going to come from?

The wind? Wind power lags even further behind solar power. According to energy.gov, as of 2019, California had installed just 5.9 gigawatts of wind power generating capacity. This is because you need large amounts of land for wind farms, and not every place is suitable for high-return wind power.

In 2040, to keep the lights on with 25 percent of all vehicles in California being electric, while maintaining the state mandate requiring all the state’s electricity to come from carbon-free resources by 2045, California would have to blanket the entire state with solar and wind farms. It’s an impossible scenario. And the problem of intermittent power and rolling blackouts would become much worse.

And it isn’t just me saying this. The U.S. Environmental Protection Agency (EPA) agrees. In a letter sent by EPA Administrator Andrew Wheeler to Gavin Newsom on September 28, Wheeler wrote:

“[It] begs the question of how you expect to run an electric car fleet that will come with significant increases in electricity demand, when you can’t even keep the lights on today.

“The truth is that if the state were driving 100 percent electric vehicles today, the state would be dealing with even worse power shortages than the ones that have already caused a series of otherwise preventable environmental and public health consequences.”

California’s green new car wreck looms large on the horizon. Worse, can you imagine electric car owners’ nightmares when California power companies shut off the power for safety reasons during fire season? Try evacuating in your electric car when it has a dead battery.

Gavin Newsom’s “no more gasoline cars sold by 2035” edict isn’t practical, sustainable, or sensible, much like the 2035 EV mandate in Canada has been criticized by some observers. But isn’t that what we’ve come to expect with any and all of these Green New Deal-lite schemes?

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France Plug-In Electric Car Sales September 2023 show rapid EV adoption: 45,872 plug-ins, 30% market share, BEV 19.6%, PHEV 10.2%, with Tesla Model Y leading registrations amid sustained year-over-year growth.

Key Points

France registered 45,872 plug-ins in September 2023, a 30% share, with BEVs at 19.6% and PHEVs at 10.2%.

✅ Tesla Model Y led BEVs with 5,035 registrations in September

✅ YTD plug-in share 25%; BEV 15.9%, PHEV 9.1% across passenger cars

✅ Total market up 9% YoY to 153,916; plug-ins up 35% YoY

New passenger car registrations in France increased in September by nine percent year-over-year to 153,916, mirroring global EV market growth trends, taking the year-to-date total to 1,286,247 (up 16 percent year-over-year).

The market has been expanding every month this year (recovering slightly from the 2020-2022 collapse and the period when EU EV share grew during lockdowns across the bloc) and also is becoming more and more electrifying thanks to increasing plug-in electric car sales.

According to L’Avere-France, last month 45,872 new passenger plug-in electric cars were registered in France (35 percent more than a year ago), which represented almost 30 percent of the market, aligning with the view that the age of electric cars is arriving ahead of schedule. That's a new record share for rechargeable cars and a noticeable jump compared to just over 24 percent a year ago.

What's even more impressive is that passenger all-electric car registrations increased to over 30,000 (up 34 percent year-over-year), taking a record share of 19.6 percent of the market. That's basically one in five new cars sold, and in the U.S., plug-ins logged 19 billion electric miles in 2021 as a benchmark.

Plug-in hybrids are also growing (up 35% year-over-year), and with 15,699 units sold, accounted for 10.2 percent of the market (a near record value).

Plug-in car sales in France – September 2023

So far this year, more than 341,000 new plug-in electric vehicles have been registered in France, including over 321,000 passenger plug-in cars (25 percent of the market), while in the U.S., EV sales are soaring into 2024 as well.

Plug-in car registrations year-to-date (YOY change):

• Passenger BEVs: 204,616 (up 45%) and 15.9% market share
• Passenger PHEVs: 116,446 (up 31%) and 9.1% market share
• Total passenger plug-ins: 321,062 (up 40%) and 25% market share
• Light commercial BEVs: 20,292 (up 111%)
• Light commercial PHEVs: 281 (down 38%)
• Total plug-ins: 341,635 (up 43%)

For reference, in 2022, more than 346,000 new plug-in electric vehicles were registered in France (including almost 330,000 passenger cars, which was 21.5 percent of the market).

We can already tell that the year 2023 will be very positive for electrification in France, with a potential to reach 450,000 units or so, though new EV incentive rules could reshape the competitive landscape.

Models
In terms of individual models, the Tesla Model Y again was the most registered BEV with 5,035 new registrations in September. This spectacular result enabled the Model Y to become the fifth best-selling model in the country last month (Tesla, as a brand, was seventh).

The other best-selling models are usually small city cars - Peugeot e-208 (3,924), Dacia Spring (2,514), Fiat 500 electric (2,296), and MG4 (1,945), amid measures discouraging Chinese EVs in France. Meanwhile, the best-selling electric Renault - the Megane-e - was outside the top five BEVs, which reveals to us how much has changed since the Renault Zoe times.

After the first nine months of the year, the top three BEVs are the Tesla Model Y (27,458), Dacia Spring (21,103), and Peugeot e-208 (19,074), slightly ahead of the Fiat 500 electric (17,441).

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Scotland Green Recovery Strategy centers on renewable energy, onshore wind, energy efficiency, battery storage, hydrogen, and electric vehicles, alongside public transport and digital infrastructure, local manufacturing, and grid flexibility to decarbonize industry and communities.

Key Points

A plan to cut emissions by scaling renewables, efficiency, storage, and infrastructure for resilient, low-carbon growth.

✅ Prioritize energy efficiency retrofits in homes and workplaces

✅ Invest in battery storage, hydrogen, and EV charging networks

✅ Support local manufacturing and circular economy supply chains

THE “green recovery” joins the growing list of Covid-era political maxims, while green energy investment could drive recovery, suggesting a bright and environmentally sustainable post-pandemic future lies ahead.

The Prime Minister once again alluded to it recently when he expressed his ambition to see the UK become the “world leader in clean wind energy”. In his typically bombastic style, Boris Johnson declared that everything from our kettles to electric vehicles, with offshore wind energy central to that vision, will be powered by “breezes that blow around these islands” by the next decade.

These comments create a misleading impression about how we can achieve a green recovery, particularly as Covid-19 hit renewables and exposed systemic challenges. While wind turbines have a key role to play, they are just one part of a comprehensive solution requiring a far more in-depth focus on how and why we use energy. We must concentrate our efforts and resources on reducing our overall consumption and increasing energy capture.

This includes making significant energy efficiency improvements to the buildings where we live and work and grasping the lessons of lockdown, including proposals for a fossil fuel lockdown to accelerate climate action, to ensure we operate in a more effective and less environmentally-damaging fashion. Do we really want to return to a world where people commute daily half way across the country for work or fly to New York for a two-hour meeting?

Businesses will need to adapt to new ways of operating outwith the traditional nine-to-five working week to reduce congestion and pollution levels. To make this possible requires Government investment in critical areas such as public transport and digital infrastructure, alongside more pylons to strengthen the grid, across all parts of Scotland to decentralise the economy and enable more people to live and work outside the main cities.

A Government-supported green recovery must rest on making it financially viable for businesses to manufacture here to reduce our reliance on imported goods. This includes processing recycleable materials here rather than shipping them abroad. It also means using locally generated energy to support local jobs and industry. We miss a trick if Scotland simply becomes a power generator for the rest of the UK.

MOVING transport from fossil fuels to renewable fuels will require a step-change that also requires support across all levels. The increased use of electric vehicles and hydrogen fuel cells are all encouraging developments, but these will rely on investment in infrastructure throughout the country if we’re to achieve significant benefits to our environment and our economy.

This brings us to the role of onshore wind power; still the cheapest form of renewable energy, and a sector marked by wind growth despite Covid-19 around the world today. Repowering existing sites with newer and more efficient turbines will certainly increase capacity rapidly, but we must also invest into development projects that will further enhance the capacity and efficiency of existing equipment. This includes improving on the current practice of the National Grid paying operators to switch off wind turbines when excess electricity is produced and instead developing new and innovative means to capture this energy. Government-primed investment into battery storage could help ensure we achieve and further reduce our reliance on traditional, non-sustainable sources.

We need a level playing field so that all forms of energy are judged on their lifetime cost in terms of emissions as well as construction and decommissioning costs to ensure fiscal incentives are applied on a fairer basis.

Turning the maxim of a green recovery into reality will require more than extra wind turbines, and the UK's wind lessons underscore the importance of policy and scale. We need a significant investment and commitment from business and government to limit existing emissions and ensure we capture and use energy more efficiently.

Andy Drane is projects partner and head of renewables at law firm Davidson Chalmers Stewart.

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