Energy issues in Maine's 2019 legislative requests

With the 129th Maine Legislature convened for its first regular session, the Office of the Revisor of Statutes has released a list of the titles of proposed legislation timely submitted by legislators. While the text of most of these legislative requests has not yet been publicly released, the preliminary list of working titles of over 2,000 precloture legislator bills suggests the scope of issues that will come before the Maine State Legislature in 2019. On energy matters, themes emerging from this list include reforms to Maine's renewable portfolio standard; efforts to reduce greenhouse gas emissions; incentives for microgrids, renewable energy and electric vehicles; and changes to energy efficiency standards for most newly constructed buildings.

Based on the working titles and legislative committee assignments, a number of bills will propose changes to Maine's renewable portfolio standard or other laws regarding renewable energy. Among others, these bills could include:

• LR 26, An Act To Update Maine's Renewable Energy Policy (Spkr. Gideon of Freeport)
• LR 82, An Act To Update the State's Renewable Energy Goals (Rep. Berry of Bowdoinham)
• LR 119, Resolve, To Establish a Working Group To Develop a Stand-alone Renewable Energy Certificate Program for the Biomass Industry (Sen. Carpenter of Aroostook)
• LR 403, An Act To Diversify Maine's Energy Portfolio with Renewable Energy (Rep. Hubbell of Bar Harbor)
• LR 845, An Act To Encourage the Use of Renewable Energy (Sen. Lawrence of York)
• LR 872, An Act To Extend to December 31, 2020 the Deadline for Community-based Renewable Energy Projects To Become Operational (Rep. Higgins of Dover-Foxcroft)
• LR 1034, An Act To Establish a Green New Deal for Maine (Rep. Maxmin of Nobleboro)
• LR 1123, An Act To Repeal the 100 Megawatt Limit on Power Generation (Rep. Hanley of Pittston)
• LR 1405, An Act To Clarify the Definition of "Renewable Capacity Resource" (Rep. Babine of Scarborough)
• LR 1431, An Act To Study Transmission Solutions To Enable Renewable Energy Investment in the State (Rep. Berry of Bowdoinham)
• LR 1470, An Act To Modernize Maine's Renewable Portfolio Standard (Sen. Lawrence of York)
• LR 1558, An Act To Increase Maine-based Energy Sources (Pres. Jackson of Aroostook)
• LR 1616, An Act To Reform Maine's Renewable Portfolio Standard (Sen. Vitelli of Sagadahoc)
• LR 1803, An Act To Benefit Maine Consumers, Businesses and Communities through Expanded Renewable Energy (Sen. Dow of Lincoln)

Other bill titles suggest possible proposed changes to other aspects of Maine's renewable policy, such as Maine's version of net metering or rules governing community solar projects:

• LR 15, An Act To Eliminate Gross Metering (Rep. Berry of Bowdoinham)
• LR 299, An Act To Replace Net Energy Billing with a Market-based Mechanism (Rep. O'Connor of Berwick)
• LR 404, An Act To Protect Ratepayers from Gross-metering Costs (Rep. Hubbell of Bar Harbor)
• LR 535, An Act To Eliminate the Cap on Solar Energy Generation Farms (Sen. Miramant of Knox)
• LR 536, An Act To Require Transmission and Distribution Utilities To Purchase Electricity from Renewable Resources at Certain Prices (Sen. Miramant of Knox) 
• LR 1259, An Act To Eliminate Restrictions on Community Solar Projects (Rep. Higgins of Dover-Foxcroft)
• LR 1621, An Act To Expand Community-based Solar Energy in Maine (Sen. Sanborn of Cumberland)

Several more bill titles appear designed to expand opportunities for microgrids or other local private sales of electricity:

• LR 18, An Act To Allow Microgrids That Are in the Public Interest (Rep. Devin of Newcastle)
• LR 213, An Act To Authorize Businesses Located Adjacent to Electric Power Generators To Obtain Power Directly (Rep. Campbell of Orrington)
• LR 1464, An Act To Allow the Direct Sale of Electricity (Sen. Woodsome of York)

Beyond a direct focus on renewable energy, several bill titles address Maine's participation in the Regional Greenhouse Gas Initiative or efforts to reduce fossil fuel use:

• LR 254, An Act To Develop a State Energy Plan To Provide a Pathway to a Fossil-free Energy Portfolio (Rep. Devin of Newcastle)
• LR 1493, An Act To Ensure the Regional Greenhouse Gas Initiative Trust Fund Continues To Promote Energy Efficiency and Benefit Maine Ratepayers (Rep. Wadsworth of Hiram)

At least three bill titles call for increased incentives for electric vehicles:

• LR 862, An Act To Provide Purchase Rebates for Battery Electric Vehicles and Fuel Cell Electric Vehicles (Rep. Ingwersen of Arundel)
• LR 1380, An Act To Encourage Municipalities, State Agencies, Colleges and Universities To Adopt Electric Vehicles (Rep. Ingwersen of Arundel)
• LR 1687, An Act To Create an Electric Vehicle Tax Credit (Sen. Chenette of York) 

At least five bill titles address the Maine Uniform Building and Energy Code:

• LR 561, An Act To Amend the Maine Uniform Building and Energy Code (Rep. Kessler of South Portland)
• LR 537, An Act To Strengthen the Maine Uniform Building and Energy Code (Rep. Caiazzo of Scarborough)
• LR 619, An Act Regarding the Maine Uniform Building and Energy Code (Rep. Ingwersen of Arundel)
• LR 866, An Act To Amend the Laws Governing the Maine Uniform Building and Energy Code (Rep. Rykerson of Kittery)
• LR 1743, An Act Regarding the Application and Administration of the Maine Uniform Building and Energy Code (Rep. Fecteau of Biddeford) 

Experience suggests that most of these legislative requests will result in printed bills, and will be given public hearings before legislative committees before votes by the House and Senate.

USDA REAP loan guarantee Maine funding available

Funding is available for energy projects at Maine's rural small businesses and agricultural producers through the USDA Rural Development agency's Rural Energy for America Program (REAP).  At stake is about $200 million in guaranteed loan funds available to finance renewable energy and energy efficiency projects in fiscal year 2016.

Since 2008, the USDA REAP program has provided grants and loan guarantees for renewable and energy efficiency projects at qualifying rural small businesses and agricultural producers.  Its loan program helps finance renewable energy systems and energy efficiency improvements.  Typical projects awarded funding in previous rounds include biomass fueled anaerobic digesters and biodiesel production, solar, wind, geothermal, efficient lighting conversions, motor upgrades, building envelope and HVAC improvements. 

REAP describes its loan guarantee program as lender-driven.  Usually, a qualifying farm or business will approach a lender to discuss financing a proposed project.  That lender then requests the USDA Rural Development loan guarantee, and if approved, makes and services the loan.  Guaranteed loan amounts can range from $5,000 to $25 million.  The guaranteed loan amount can cover up to 75% of the total eligible project cost, while 25% of project costs must come from other sources like business equity or other borrowed funds.

USDA Rural Development provides more information on its website about how to apply for a USDA REAP loan guarantee.  The Preti Flaherty team helps our clients understand how to benefit from REAP funding and other incentive programs for renewable energy and energy efficiency.  Contact Todd Griset to learn more.

Energy Dept 2015 Quadrennial Technology Review

The U.S. Department of Energy has released its second Quadrennial Technology Review, a 505-page report describing the nation’s energy landscape and the dramatic changes that have taken place over the last four years.

The 2015 Quadrennial Technology Review examines the current status of energy technologies and research opportunities to advance them in addition to key enabling science and energy capabilities.  The updated report comes four years after the Energy Department's original Quadrennial Technology Review, issued in 2011.

The 2015 report notes, "The last four years have been defined by dramatic change in the nation’s energy landscape." Huge growth in domestic production of oil and natural gas has made the U.S. the world leader in combined oil and natural gas production for the last three consecutive years. Wind energy capacity has increased by 65 percent and wind energy generation has nearly doubled; solar capacity has increased 9 fold and solar photovoltaic generation over tenfold; old, inefficient power plants are being replaced by cleaner, more efficient ones; transportation efficiencies continue to improve.

It also highlights the Energy Department's view of "the most promising research, development, demonstration, and deployment (RDD&D) opportunities across energy technologies to effectively address the nation's energy needs. Specifically, this analysis identifies the important technology RDD&D opportunities across energy supply and end use in working toward a clean energy economy in the United States."  Individual chapters focus on specific technology types, including grid modernization, clean power, buildings, manufacturing, fuels, and transportation. 

The report also draws some overarching conclusions:

• Energy systems are increasingly interconnected through the internet and other technologies, which could enable new paradigms for cost and emissions reduction. 
• Increasingly diverse options are available to meet the nation’s energy needs is increasing, creating a more dependable and flexible energy system for consumers.
• Substantial energy efficiency opportunities remain untapped.
• More research and development could lead to innovation and breakthroughs in how to deliver clean energy cheaper and faster.

New York's 2015 Energy Plan

The state of New York has released a sweeping plan for its energy future, featuring strengthened commitments to clean energy over the next four decades.  The 2015 New York State Energy Plan includes reductions in greenhouse gas emissions, increased generation of renewable energy, and improved energy efficiency.

Article 6 of New York's energy law requires the state's energy planning board to develop period state energy plans.  The state released its two-volume 2015 report on June 25, presenting "a comprehensive strategy to create economic opportunities" in New York based on Governor Andrew Cuomo's previously-announced "Reforming the Energy Vision" or REV program.

Among the 2015 plan's elements are a series of clean energy targets, including a 40% reduction in greenhouse gas emissions from 1990 levels; 50% of electricity generation coming from carbon-free renewables; and 600 trillion Btu in energy efficiency gains, which equates to a 23% reduction
from 2012 in energy consumption in buildings.

Whether and how New York will implement its 2015 State Energy Plan remains to be seen.  Notably, the plan was produced by the state's executive branch; it is unclear whether legislators will support or thwart it.  Will the Empire State follow its latest plan?  If so, will it lead to the anticipated economic opportunities?

California building energy efficiency rules

California regulators have issued strong new building energy efficiency standards.  Yesterday the California Energy Commission issued its so-called 2013 Building Energy Efficiency Standards, which require new buildings to meet significantly higher energy efficiency targets than under the previous rules issued in 2008.

According to the Commission, the 2013 Building Energy Efficiency Standards are 25 percent more efficient than the 2008 standards for residential construction and 30 percent better for nonresidential construction.  These standards apply to all new buildings other than hospitals, nursing homes, correctional centers, jails, and prisons.

New requirements for residential construction include insulating hot water pipes, tighter window performance standards, whole house fans to reduce evening air condition demand, and "solar ready roof" requirements to facilitate the installation of solar photovoltaic or solar thermal panels at a future date.  Commercial and other nonresidential standards are similar, including high-performance windows, efficient process equipment for grocery stores, advanced lighting controls, and cool roof technologies.

Designing and constructing buildings to these standards will increase the capital cost of development, but the Commission projects that the energy savings will outweigh these costs.  According to the Commission, the standards will increase the average cost of constructing a new home by $2,290 but will return more than $6,200 in energy savings over 30 years.

California's 2013 standards were supported by a broad coalition of interests, including construction trade associations, environmental activist groups, and gas and electric utilities.  While state-mandated building energy codes face opposition in some parts of the country, California is no stranger to mandatory building energy efficiency standards.  California first issued standards in 1977, following the 1976 enactment of the Warren-Alquist Act.  The California Energy Commission notes that since 1978, it has saved Californians $66 billion in electricity and natural gas costs through energy efficient building and appliance standards.

The new standards take effect on January 1, 2014.