Court Sees If Church Solar Panels Break Electricity Monopoly


solar panels on church roof

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NC WARN Solar Case tests third-party solar rights as North Carolina Supreme Court reviews Utilities Commission fines over a Greensboro church's rooftop power deal, challenging Duke Energy's monopoly, onsite electricity sales, and potential rate impacts.

 

Key Points

A North Carolina Supreme Court test of third-party solar could weaken Duke Energy's monopoly and change utility rules.

✅ NC Supreme Court weighs Utilities Commission penalty on NC WARN

✅ Case could permit onsite third-party solar sales statewide

✅ Outcome may pressure Duke Energy's monopoly and rates

 

North Carolina's highest court is taking up a case that could force new competition on the state's electricity monopolies.

The state Supreme Court on Tuesday will consider the Utilities Commission's decision to fine clean-energy advocacy group NC WARN for putting solar panels on a Greensboro church's rooftop and then charging it below-market rates for power.

The commission told NC WARN that it was producing electricity illegally and fined the group $60,000. The group said it was acting privately and appealed to the high court.

If the group prevails, it could put new pressure on Duke Energy's monopoly, which has seen an oversubscribed solar solicitation in recent procurements. State regulators say a ruling for NC WARN would allow companies to install solar equipment and sell power on site, shaving away customers and forcing Duke Energy to raise rates on everyone else.

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That's because if NC WARN's deal with Faith Community Church is allowed, the precedent could open the door for others to lure away from Duke Energy, as debates over how solar owners are paid continue, "the customers with the highest profit potential, such as commercial and industrial customers with large energy needs and ample rooftop space," attorney Robert Josey Jr. wrote in a court filing.

Losing those power sales would force the country's No. 2 electricity company to make it up by charging remaining customers more to cover the cost of all of its power plants, transmission lines and repair crews, a dynamic echoed in New England's grid upgrade debates as solar grows, wrote Josey, an attorney for the Public Staff, the state's official utilities consumer advocate.

The dispute is whether NC WARN is producing electricity "for the public," which would mean it's intruding on the territory of the publicly regulated monopoly utility, or whether the move was allowed because it was a private power deal with the church alone.

 

NC WARN installed the church's power panels in 2015 as part of what it described as a test case, amid wider debates like Nova Scotia's delayed solar charge for customers, challenging Duke Energy's monopoly position to generate and sell electricity.

North Carolina was one of nine states that as of last year explicitly disallowed residential customers from buying electricity generated by solar panels on their roof from a third party that owns the system, even as Maryland opens solar subscriptions more broadly, according to the North Carolina Clean Energy Technology Center. State law allows purchased or leased solar panels, but not payments simply for the power they generate.

NC WARN's goals included "reducing the effects of Duke Energy's monopoly control that has such negative impacts on power bills, clean air and water, and climate change," the church's pastor, Rev. Nelson Johnson, said in a statement the same day the clean-energy group asked state regulators to clear the plan.

Instead, the North Carolina Utilities Commission ruled the arrangement violated the state's system of legal electricity monopolies and hit the group with nearly $60,000 in fines, which would be suspended if the church's payments were refunded with interest and the solar equipment donated. The group has set aside the money and will donate the gear if it loses the Supreme Court case, NC WARN Executive Director Jim Warren said.

NC WARN's three-year agreement saw the group mount a rooftop solar array for which the church would pay about half the average retail electricity price, state officials said. The agreement states plainly that it is not a contract for the sale or lease of the $20,000 solar system, the church never owns the panels, and the low electricity price means its payback for the equipment would take 60 years, Josey wrote.

"Clearly, the only thing of value (the church) is obtaining for its payments under this agreement is the electricity created," he wrote.

In court filings, the group's attorneys have stuck to the argument that NC WARN isn't selling to the public because the deal involved a single customer only.

The deal "is not open to any other member of the public ... A private, bargained-for contract under which only one party receives electricity is not a sale of electricity 'to or for the public,' " attorney Matthew Quinn wrote to the court.

 

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Canada must commit to 100 per cent clean electricity

Canada Green Investment Gap highlights lagging EV and clean energy funding as peers surge. With a green recovery budget pending, sustainable finance, green bonds, EV charging, hydrogen, and carbon capture are pivotal to decarbonization.

 

Key Points

Canada lags peers in EV and clean energy investment, urging faster budget and policy action to cut emissions.

✅ Per capita climate spend trails US and EU benchmarks

✅ EVs, hydrogen, charging need scaled funding now

✅ Strengthen sustainable finance, green bonds, disclosure

 

Canada is being outpaced on the international stage when it comes to green investments in electric vehicles and green energy solutions, environmental groups say.

The federal government has an opportunity to change course in about three weeks, when the Liberals table their first budget in over two years, the International Institute for Sustainable Development (IISD) argued in a new analysis endorsed by nine other climate action, ecology and conservation organizations.

“Canada’s international peers are ramping up commitments for green recovery, including significant investments from many European countries,” states the analysis, “Investing for Tomorrow, Today,” published March 29.

“To keep up with our global peers, sufficient investments and strengthened regulations, including EV sales regulations, must work in tandem to rapidly decarbonize all sectors of the Canadian economy.”

Deputy Prime Minister and Finance Minister Chrystia Freeland confirmed last week that the federal budget will be tabled April 19. The Liberals are expected to propose between $70 billion and $100 billion in fiscal stimulus to jolt the economy out of its pandemic doldrums.

The government teased a coming economic “green transformation” late last year when Freeland released the fall economic statement, promising to examine federal green bonds, border carbon adjustments and a sustainable finance market, with tweaks like tightening the climate-risk disclosure obligations of corporations.

The government has also proposed a wide range of green measures in its new climate plan released in December — which the think tank called the “most ambitious” in Canada’s history — including energy retrofit programs, boosting hydrogen and other alternative fuels, and rolling out carbon capture technology in a grid where 18% of electricity still came from fossil fuels in 2019.

But the possible “three-year stimulus package to jumpstart our recovery” mentioned in the fall economic statement came with the caveat that the COVID-19 virus would have to be “under control.” While vaccines are being administered, Canada is currently dealing with a rise of highly transmissible variants of the virus.

Freeland spoke with United States Vice-President Kamala Harris on March 25, highlighting potential Canada-U.S. collaboration on EVs alongside the “need to support entrepreneurs, small businesses, young people, low-wage and racialized workers, the care economy, and women” in the context of an economic recovery.

Biden is contemplating a climate recovery plan that could exceed US$2 trillion as Canada looks to capitalize on the U.S. auto pivot to EVs to spur domestic industry. Per capita, that is over 8 times what Canada has announced so far for climate-related spending in the wake of the pandemic, according to a new analysis from green groups.
U.S. President Joe Biden is contemplating a climate and clean energy recovery plan that could “exceed US$2 trillion,” White House officials told reporters this month. “Per capita, that is over eight times what Canada has announced so far for climate-related spending in the wake of the pandemic,” the IISD-led analysis stated.

Biden’s election platform commitment of $508 billion over 10 years in clean energy was also seen as “significantly higher per capita than Canada’s recent commitments.”

Since October 2020, Canada has announced $36 billion in new climate-focused funding, a 2035 EV mandate and other measures, the groups found. By comparison, they noted, a political agreement in Europe proposed that a minimum of 37 per cent of investments in each national recovery plan should support climate action. France and Germany have also committed tens of billions of dollars to support clean hydrogen.

As for electric vehicles (EVs), the United Kingdom has committed $4.9 billion, while Germany has put up $7.5 billion to expand EV adoption and charging infrastructure and sweeten incentive programs for prospective buyers, complementing Canada’s ambitious EV goals announced domestically. The U.K. has also committed $3.5 billion for bike lanes and other active transportation, the groups noted.

Canada announced $400 million over five years this month for a new network of bike lanes, paths, trails and bridges, the first federal fund dedicated to active transportation.

 

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Biden's Climate Bet Rests on Enacting a Clean Electricity Standard

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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Harbour Air eyes 2023 for first electric passenger flights

Harbour Air Electric Seaplanes pioneer zero-emission aviation with battery-powered de Havilland Beaver flights, pursuing Transport Canada certification for safe, fossil fuel-free service across Vancouver Island routes connecting Vancouver, Victoria, Nanaimo, and beyond.

 

Key Points

Battery-powered, zero-emission floatplanes by Harbour Air pursuing Transport Canada certification to carry passengers.

✅ 29-minute test flight on battery power alone

✅ New lighter, longer-lasting battery supplier partnership

✅ Aiming to electrify entire 42-aircraft Beaver/Otter fleet

 

Float plane operator Harbour Air is getting closer to achieving its goal of flying to and from Vancouver Island without fossil fuels, following its first point-to-point electric flight milestone.

A recent flight of the company’s electric de Havilland Beaver test plane saw the aircraft remain aloft for 29 minutes on battery power alone, a sign of an emerging aviation revolution underway.

Harbour Air president Randy Wright says the company has joined with a new battery supplier to provide a lighter and longer-lasting power source, a high-flying example of research investment in the sector.

The company hopes to get Transport Canada certification to start carrying passengers on electric seaplanes by 2023, as projects like the electric-ready Kootenay Lake ferry come online.

"This is all new to Transport, so they've got to make sure it's safe just like our aircraft that are running today,” Wright said Wednesday. “They're working very hard at this to get this certified because it's a first in the world."

Parallel advances in marine electrification, such as electric ships on the B.C. coast, are informing clean-transport goals across the province.

Before the pandemic, Harbour Air flew approximately 30,000 commercial flights annually, along corridors also served by BC Ferries hybrid ships today, between Vancouver, Victoria, Nanaimo, Whistler, Seattle, Tofino, Salt Spring Island, the Sunshine Coast and Comox.

Wright says the company plans to eventually electrify its entire fleet of 42 de Havilland Beaver and Otter aircraft, reflecting a broader shift that includes CIB-backed electric ferries in B.C.

 

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Record numbers of solar panels were shipped in the United States during 2021

U.S. Solar Panel Shipments 2021 surged to 28.8 million kW of PV modules, tracking utility-scale and small-scale capacity additions, driven by imports from Asia, resilient demand, supply chain constraints, and declining prices.

 

Key Points

Record 28.8M kW PV modules shipped in 2021; 80% imports; growth in utility- and small-scale capacity with lower prices.

✅ 28.8M kW shipped, up from 21.8M kW in 2020 (record capacity)

✅ 80% of PV module shipments were imports, mainly from Asia

✅ Utility-scale +13.2 GW; small-scale +5.4 GW; residential led

 

U.S. shipments of solar photovoltaic (PV) modules (solar panels) rose to a record electricity-generating capacity of 28.8 million peak kilowatts (kW) in 2021, from 21.8 million peak kW in 2020, based on data from our Annual Photovoltaic Module Shipments Report. Continued demand for U.S. solar capacity drove this increase in solar panel shipments in 2021, as solar's share of U.S. electricity continued to rise.

U.S. solar panel shipments include imports, exports, and domestically produced and shipped panels. In 2021, about 80% of U.S. solar panel module shipments were imports, primarily from Asia, even as a proposed tenfold increase in solar aims to reshape the U.S. electricity system.

U.S. solar panel shipments closely track domestic solar capacity additions; differences between the two usually result from the lag time between shipment and installation, and long-term projections for solar's generation share provide additional context. We categorize solar capacity additions as either utility-scale (facilities with one megawatt of capacity or more) or small-scale (largely residential solar installations).

The United States added 13.2 gigawatts (GW) of utility-scale solar capacity in 2021, an annual record and 25% more than the 10.6 GW added in 2020, according to our Annual Electric Generator Report. Additions of utility-scale solar capacity reached a record high, reflecting strong growth in solar and storage despite project delays, supply chain constraints, and volatile pricing.

Small-scale solar capacity installations in the United States increased by 5.4 GW in 2021, up 23% from 2020 (4.4 GW), as solar PV and wind power continued to grow amid favorable government plans. Most of the small-scale solar capacity added in 2021 was installed on homes. Residential installations totaled more than 3.9 GW in 2021, compared with 2.9 GW in 2020.

The cost of solar panels has declined significantly since 2010. The average value (a proxy for price) of panel shipments has decreased from $1.96 per peak kW in 2010 to $0.34 per peak kW in 2021, as solar became the third-largest renewable source and markets scaled. Despite supply chain constraints and higher material costs in 2021, the average value of solar panels decreased 11% from 2020.

In 2021, the top five destination states for U.S. solar panel shipments were:

California (5.09 million peak kW)
Texas (4.31 million peak kW)
Florida (1.80 million peak kW)
Georgia (1.15 million peak kW)
Illinois (1.12 million peak kW)
These five states accounted for 46% of all U.S. shipments, and 2023 utility-scale project pipelines point to continued growth.

 

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Biden's interior dept. acts quickly on Vineyard Wind

Vineyard Wind I advances as BOEM issues a final environmental impact statement for the 800 MW offshore wind farm south of Martha's Vineyard, delivering clean energy, jobs, and carbon reductions to Massachusetts toward net-zero.

 

Key Points

An 800 MW offshore wind project near Martha's Vineyard supplying clean power to Massachusetts.

✅ 800 MW capacity; power for 400,000+ homes and businesses

✅ BOEM final EIS; record of decision pending within 30+ days

✅ 1.68M metric tons CO2 avoided annually; jobs and lower rates

 

Federal environmental officials have completed their review of the Vineyard Wind I offshore wind farm, moving the project that is expected to deliver clean renewable energy to Massachusetts by the end of 2023 closer to becoming a reality.

The U.S. Department of the Interior said Monday morning that its Bureau of Ocean Energy Management completed the analysis it resumed about a month ago, published the project's final environmental impact statement, and said it will officially publish notice of the impact statement in the Federal Register later this week.

"More than three years of federal review and public comment is nearing its conclusion and 2021 is poised to be a momentous year for our project and the broader offshore wind industry," Vineyard Wind CEO Lars Pedersen said. "Offshore wind is a historic opportunity to build a new industry that will lead to the creation of thousands of jobs, reduce electricity rates for consumers and contribute significantly to limiting the impacts of climate change. We look forward to reaching the final step in the federal permitting process and being able to launch an industry that has such tremendous potential for economic development in communities up and down the Eastern seaboard."

The 800-megawatt wind farm planned for 15 miles south of Martha's Vineyard was the first offshore wind project selected by Massachusetts utility companies with input from the Baker administration to fulfill part of a 2016 clean energy law. It is projected to generate cleaner electricity for more than 400,000 homes and businesses in Massachusetts, produce at least 3,600 jobs, reduce costs for Massachusetts ratepayers by an estimated $1.4 billion, and eliminate 1.68 million metric tons of carbon dioxide emissions annually.

Offshore wind power, informed by the U.S. offshore wind outlook, is expected to become an increasingly significant part of Massachusetts' energy mix. The governor and Legislature agree on a goal of net-zero carbon emissions by 2050, but getting there is projected to require having about 25 gigawatts of offshore wind power. That means Massachusetts will need to hit a pace in the 2030s where it has about 1 GW of new offshore wind power on the grid coming online each year.

"I think that's why today's announcement is so historic, because it does represent that culmination of work to understand how to permit and build a cost-effective and environmentally-responsible wind farm that can deliver clean energy to Massachusetts ratepayers, but also just how to do this from start to finish," said Energy and Environmental Affairs Secretary Kathleen Theoharides. "As we move towards our goal of probably [25 GW] of offshore wind by 2050 to hit our net-zero target, this does give us confidence that we have a much clearer path in terms of permitting."

She added, "There's a huge pipeline, so getting this project out really should open the door to the many additional projects up and down the East Coast, such as Long Island proposals, that will come after it."

According to the American Wind Energy Association, there are expected to be 14 offshore projects totaling 9,112 MW of capacity in operation by 2026.

Susannah Hatch, the clean energy coalition director for the Environmental League of Massachusetts and a leader of the broad-based New England for Offshore Wind Regional group, called offshore wind farms like Vineyard Wind "the linchpin of our decarbonization efforts in New England." She said the Biden administration's quick action on Vineyard Wind is a positive sign for the burgeoning sector.

"Moving swiftly on responsibly developed offshore wind is critical to our efforts to mitigate climate change, and offshore wind also provides an enormous opportunity to grow the economy, create thousands of jobs, and drive equitable economic benefits through increased minority economic participation in New England," Hatch said.

With the final environmental impact statement published, Vineyard Wind still must secure a record of decision from BOEM, which processes wind lease requests, an air permit from the Environmental Protection Agency and sign-offs from the U.S. Army Corps of Engineers and the National Marine Fisheries Service to officially clear the way for the project that is on track to be the nation's first utility-scale offshore wind farm. BOEM must wait at least 30 days from the publication of the final environmental impact statement to issue a record of decision.

Project officials have said they expect the final impact statement and then a record of decision "sometime in the first half of 2021." That would allow the project to hit its financial close milestone in the second half of this year, begin on-shore work quickly thereafter, start offshore construction in 2022, begin installing turbines in 2023 and begin exporting power to the grid, marking Vineyard Wind first power, by late 2023, Pedersen said in January.

"Offshore energy development provides an opportunity for us to work with Tribal nations, communities, and other ocean users to ensure all decisions are transparent and utilize the best available science," BOEM Director Amanda Lefton said.

The commercial fishing industry has been among the most vocal opponents of aspects of the Vineyard Wind project and the Responsible Offshore Development Alliance (RODA) has repeatedly urged the new administration to ensure the voices of the industry are heard throughout the licensing and permitting process.

In comments submitted earlier this month in response to a BOEM review of an offshore wind project that is expected to deliver power to New York, including the recent New York offshore wind approval, RODA said the present is "a time of significant confusion and change in the U.S. approach to offshore wind energy (OSW) planning" and detailed mitigation measures it wants to see incorporated into all projects.

"To be clear, none of these requests are new -- nor hardly radical. They have simply been ignored again, and again, and again in a political push/pull between multinational energy companies and the U.S. government, leaving world-famous seafood, and the communities founded around its harvest, off the table," the group said in a press release last week. Some of RODA's suggestions were analyzed as part of BOEM's Vineyard Wind review.

Vineyard Wind has certainly taken a circuitous path to get to this point. The timeline for the project was upended in August 2019 when the Trump administration decided to conduct a much broader assessment of potential offshore wind projects up and down the East Coast, which delayed the project by almost a year.

When the Trump administration delayed its action on a final environmental impact statement last year, Vineyard Wind on Dec. 1 announced that it was pulling its project out of the federal review pipeline in order to complete an internal study on whether the decision to use a certain type of turbine would warrant changes to construction and operations plan. The Trump administration declared the federal review of the project "terminated."

Within two weeks of President Joe Biden being inaugurated, Vineyard Wind said its review determined no changes were necessary and the company resubmitted its plans for review. BOEM agreed to pick up where the Trump administration had left off despite the agency previously declaring its review terminated.

"It would appear that fishing communities are the only ones screaming into a void while public resources are sold to the highest bidder, as BOEM has reversed its decision to terminate a project after receiving a single letter from Vineyard Wind," RODA said.

The final environmental impact statement that BOEM published Monday showed that the federal regulators believe the Vineyard Wind I development as proposed will have "moderate" impacts on commercial fisheries and for-hire recreational fishing outfits, and that the project combined with other factors not related to wind energy development will have "major" impacts on commercial and recreational fishing ventures.

Vineyard Wind pointed Monday to the fishery mitigation agreements it has entered into with Massachusetts and Rhode Island, a fishery science collaboration with the University of Massachusetts Dartmouth's School of Marine Science and Technology, and an agreement with leading environmental organizations around the protection of the endangered right whale.

Responding to concerns about safe navigation among RODA and others in the fishing sector, Vineyard Wind and the four other developers holding leases for offshore wind sites off New England agreed to orient their turbines in fixed east-to-west rows and north-to-south columns spaced one nautical mile apart. Last year, the U.S. Coast Guard concluded that the grid layout was the best way to maintain maritime safety and ease of navigation in the offshore wind development areas south of Martha's Vineyard and Nantucket.

Since a 2016 clean energy law kicked off the state's foray into the offshore wind world, Massachusetts utilities have contracted for a total of about 1,600 MW between two projects, Vineyard Wind I and Mayflower Wind.

A joint venture of Shell and Ocean Winds North America, Mayflower Wind was picked unanimously in 2019 by utility executives to build and operate a wind farm approximately 26 nautical miles south of Martha's Vineyard and 20 nautical miles south of Nantucket, with South Coast construction activity expected as the project progresses. The 804-megawatt project is expected to be operational by December 2025.

Massachusetts and its utilities are expected to go out to bid for up to another 1,600 MW of offshore wind generation capacity later this year using authorization granted by the Legislature in 2018.

The climate policy bill that Gov. Charlie Baker returned to the Legislature with amendments more than a month ago would require that the executive branch direct Massachusetts utilities to buy an additional 2,400 MW of offshore wind power.

 

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The U.S. passed a historic climate deal this year - Recap

Inflation Reduction Act climate provisions accelerate clean energy, EV tax credits, methane fee, hydrogen incentives, and a green bank, cutting carbon emissions, boosting manufacturing, and advancing environmental justice and net-zero goals through 2030.

 

Key Points

They are U.S. policies funding clean energy, EV credits, a methane fee, hydrogen, and justice programs to cut emissions.

✅ Up to $7,500 new and $4,000 used EV tax credits with income limits

✅ First federal methane fee to curb oil and gas emissions

✅ $60B for clean energy manufacturing and environmental justice

 

The Biden administration this year signed a historic climate and tax deal that will funnel billions of dollars into programs designed to speed the country’s clean energy transition, with ways to tap new funding available to households and businesses, and battle climate change.

As the U.S. this year grappled with climate-related disasters from Hurricane Ian in Florida to the Mosquito Fire in California, the Inflation Reduction Act, which contains $369 billion in climate provisions, was a monumental development to mitigate the effects of climate change across the country, with investment incentives viewed as essential to accelerating clean electricity this decade. 

The bill, which President Joe Biden signed into law in August, is the most aggressive climate investment ever taken by Congress and is expected to slash the country’s planet-warming carbon emissions by about 40% this decade and move the country toward a net-zero economy by 2050, aligning with a path to net-zero electricity many analyses lay out.

The IRA’s provisions have major implications for clean energy and manufacturing businesses, climate startups and consumers in the coming years. As 2022 comes to a close, here’s a look back at the key elements in the legislation that climate and clean energy advocates will be monitoring in 2023.


Incentives for electric vehicles
The deal offers a federal tax credit worth up to $7,500 to households that buy new electric vehicles, as well as a used EV credit worth up to $4,000 for vehicles that are at least two years old. Starting Jan. 1, people making $150,000 a year or less, or $300,000 for joint filers, are eligible for the new car credit, while people making $75,000 or less, or $150,000 for joint filers, are eligible for the used car credit.

Despite a rise in EV sales in recent years, the transportation sector is still the country’s largest source of greenhouse gas emissions, with the lack of convenient charging stations being one of the barriers to expansion. The Biden administration has set a goal of 50% electric vehicle sales by 2030, as Canada pursues EV sales regulations alongside broader oil and gas emissions limits.

The IRA limits EV tax credits to vehicles assembled in North America and is intended to wean the U.S. off battery materials from China, which accounts for 70% of the global supply of battery cells for the vehicles. An additional $1 billion in the deal will provide funding for zero-emissions school buses, heavy-duty trucks and public transit buses.

Stephanie Searle, a program director at the nonprofit International Council on Clean Transportation, said the combination of the IRA tax credits and state policies like New York's Green New Deal will bolster EV sales. The agency projects that roughly 50% or more of passenger cars, SUVs and pickups sold in 2030 will be electric. For electric trucks and buses, the number will be 40% or higher, the group said.

In the upcoming year, Searle said the agency is monitoring the Environmental Protection Agency’s plans to propose new greenhouse gas emissions standards for heavy-duty vehicles starting in the 2027 model year.

“With the IRA already promoting electric vehicles, EPA can and should be bold in setting ambitious standards for cars and trucks,” Searle said. “This is one of the Biden administration’s last chances for strong climate action within this term and they should make good use of it.”


Taking aim at methane gas emissions
The package imposes a tax on energy producers that exceed a certain level of methane gas emissions. Polluters pay a penalty of $900 per metric ton of methane emissions emitted in 2024 that surpass federal limits, increasing to $1,500 per metric ton in 2026.

It’s the first time the federal government has imposed a fee on the emission of any greenhouse gas. Global methane emissions are the second-biggest contributor to climate change after carbon dioxide and come primarily from oil and gas extraction, landfills and wastewater and livestock farming.

Methane is a key component of natural gas and is 84 times more potent than carbon dioxide, but doesn’t last as long in the atmosphere. Scientists have contended that limiting methane is needed to avoid the worst consequences of climate change. 

Robert Kleinberg, a researcher at Columbia University’s Center on Global Energy Policy, said the methane emitted by the oil and gas industry each year would be worth about $2 billion if it was instead used to generate electricity or heat homes.

“Reducing methane emissions is the fastest way to moderate climate change. Congress recognized this in passing the IRA,” Kleinberg said. “The methane fee is a draconian tax on methane emitted by the oil and gas industry in 2024 and beyond.”

In addition to the IRA provision on methane, the Biden Interior Department this year proposed rules to curb methane leaks from drilling, which it said will generate $39.8 million a year in royalties for the U.S. and prevent billions of cubic feet of gas from being wasted through venting, flaring and leaks. 


Boosting clean energy manufacturing
The bill provides $60 billion for clean energy manufacturing, including $30 billion for production tax credits to accelerate domestic manufacturing of solar panels, wind turbines, batteries and critical minerals processing, and a $10 billion investment tax credit to manufacturing facilities that are building EVs and clean energy technology, reinforcing the view that decarbonization is irreversible among policymakers.

There’s also $27 billion going toward a green bank called the Greenhouse Gas Reduction Fund, which will provide funding to deploy clean energy across the country, particularly in overburdened communities, and guide utility carbon-free electricity investments at scale. And the bill has a hydrogen production tax credit, which provides hydrogen producers with a credit based on the climate attributes of their production methods.

Emily Kent, the U.S. director of zero-carbon fuels at the Clean Air Task Force, a global climate nonprofit, said the bill’s support for low-emissions hydrogen is particularly notable since it could address sectors like heavy transportation and heavy industry, which are hard to decarbonize.

“U.S. climate policy has taken a major step forward on zero-carbon fuels in the U.S. and globally this year,” Kent said. “We look forward to seeing the impacts of these policies realized as the hydrogen tax credit, along with the hydrogen hubs program, accelerate progress toward creating a global market for zero-carbon fuels.”

The clean energy manufacturing provisions in the IRA will also have major implications for startups in the climate space and the big venture capital firms that back them. Carmichael Roberts, head of investment at Breakthrough Energy Ventures, has said the climate initiatives under the IRA will give private investors more confidence in the climate space and could even lead to the creation of up to 1,000 companies.

“Everybody wants to be part of this,” Roberts told CNBC following the passage of the bill in August. Even before the measure passed, “there was already a big groundswell around climate,” he said.


Investing in communities burdened by pollution
The legislation invests more than $60 billion to address the unequal effects of pollution and climate change on low-income communities and communities of color. The funding includes grants for zero-emissions technology and vehicles, and will help clean up Superfund sites, improve air quality monitoring capacity, and provide money to community-led initiatives through Environmental and Climate Justice block grants.

Research published in the journal Environmental Science and Technology Letters found that communities of color are systematically exposed to higher levels of air pollution than white communities due to redlining, a federal housing discrimination practice. Black Americans are also 75% more likely than white Americans to live near hazardous waste facilities and are three times more likely to die from exposure to pollutants, according to the Clean Air Task Force.

Biden signed an executive order after taking office aimed to prioritize environmental justice and help mitigate pollution in marginalized communities. The administration established the Justice40 Initiative to deliver 40% of the benefits from federal investments in climate change and clean energy to disadvantaged communities. 

More recently, the EPA in September launched an office focused on supporting and delivering grant money from the IRA to these communities.


Cutting ag emissions
The deal includes $20 billion for programs to slash emissions from the agriculture sector, which accounts for more than 10% of U.S. emissions, according to EPA estimates.

The president has pledged to reduce emissions from the agriculture industry in half by 2030. The IRA funds grants for agricultural conservation practices that directly improve soil carbon, as well as projects that help protect forests prone to wildfires.

Separately, this year the U.S. Department of Agriculture announced it will spend $1 billion on projects for farmers, ranchers and forest landowners to use practices that curb emissions or capture and store carbon. That program is focusing on projects for conservation practices including no-till, cover crops and rotational grazing.

Research suggests that removing carbon already in the atmosphere and replenishing soil worldwide could result in a 10% carbon drawdown.

 

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