Vermont PUC report on electric vehicles

Vermont utility regulators have recommended steps Vermont could take to accelerate the use of electric vehicles (EVs) in the state, including creating state incentives for EV purchases as well as encouraging electric utilities to adopt new rate structures.

Like most other states, Vermont's transportation sector contributes more greenhouse gas emissions than any other sector of the state's economy. Due in large part to emissions from cars and trucks powered by fossil fuels, the transportation sector is responsible for about 47% of Vermont's total greenhouse gas emissions; by contrast, Vermont's electricity generating sector is relatively small but nearly entirely renewable, and has the lowest carbon dioxide emissions of any state according to federal data. Other New England states are similar -- for example, Maine's transportation sector contributed 53% of the state's total greenhouse gas emissions in 2017, while electric power generation in Maine accounted for just 9 percent of the state’s total carbon emissions.

Indeed, the New England electricity grid has experienced significant decarbonized in recent decades, and renewable energy can now be consumed in the transportation sector through the use of EVs. In 2016, Vermont adopted a Comprehensive Energy Plan aiming to power 10% of transportation with renewable energy by 2025, and 80% by 2050, while reducing the sector's emissions by 30% by 2025. Vermont estimates that reaching these goals would require adding about 50,000 to 60,000 EVs to replace vehicles with internal combustion engines by 2025, for a compound annual growth rate of about 54%.

On June 27, 2019, the Vermont Public Utilities Commission released its report to various state legislative committees, "Promoting the Ownership and Use of Electric Vehicles in the State of Vermont." The report recommends that Vermont create incentives for EV purchases or leases, whether in the form of time-of-sale rebates or tax credits. It also recommends that Vermont buy EVs for the state vehicle fleet, and encourage the development of EV charging infrastructure through zoning or building code modifications.

The report also suggests that the Commission encourage electric utilities to take additional actions to promote EV adoption, such as funding EV purchase incentives through Vermont's Renewable Energy Standard program, or developing time-of-use retail rates to encourage car charging at off-peak times. It also noted that utility rate structures which impose demand charges on most commercial accounts but not on residential accounts make public direct-current fast-charging more expensive than at-home charging.

The report also notes that increased education and outreach efforts -- by utilities as well as by car dealers and other third parties -- could encourage consumer adoption of EVs.

Energy, environment, and the 2013 inauguration

This week U.S. President Barack Obama took the oath of office for his second term. The 57th presidential inauguration was celebrated in Washington, D.C. on January 21, 2013.  In his inaugural address, President Obama delivered calls for action on issues ranging from the federal budget to social policy.  His speech also offered a platform on environmental and energy issues.  What did the 2013 inaugural address say about environmental and energy policies?

The United States Capitol after the inauguration ceremonies on Martin Luther King Day, January 21, 2013.

Climate change featured prominently in President Obama's second inaugural address.  Drawing on the official transcript of the address provided by the White House:

We, the people, still believe that our obligations as Americans are not just to ourselves, but to all posterity. We will respond to the threat of climate change, knowing that the failure to do so would betray our children and future generations. (Applause.) Some may still deny the overwhelming judgment of science, but none can avoid the devastating impact of raging fires and crippling drought and more powerful storms.  

Exactly how he plans to address climate change remains to be seen.  Likely measures include further Environmental Protection Agency regulations covering emissions from coal plants, greater military use of renewable and alternative fuels and energy sources, and an emphasis on energy efficiency.

President Obama also advocated for greater use of sustainable energy resources:

The path towards sustainable energy sources will be long and sometimes difficult.  But America cannot resist this transition, we must lead it. We cannot cede to other nations the technology that will power new jobs and new industries, we must claim its promise. That’s how we will maintain our economic vitality and our national treasure -- our forests and waterways, our crop lands and snow-capped peaks. That is how we will preserve our planet, commanded to our care by God. That’s what will lend meaning to the creed our fathers once declared.

Because this paragraph immediately followed his remarks about the climate and natural disasters, the speech suggested greater reliance on renewable or sustainable energy as another response to climate change.  President Obama emphasized both the environmental and economic value of these alternative energy resources.

Left unsaid were the details on the path towards sustainable energy.  Will President Obama suggest a national program requiring the use of renewable electricity?  Congress enacted a renewable biofuels standard as part of the Energy Policy Act of 2005, and most states have enacted laws requiring utilities to source electricity from renewable sources.  To date, no proposed federal electric renewable portfolio standard has found traction in Congress.  What about federal tax credits and incentives for renewable energy, such as the renewable electricity production tax credit and investment tax credit?  Last year President Obama called for making the production tax credit permanent and refundable, meaning taxpayers would not need to have any income tax liability to benefit from the credit.

Based on President Obama's 2013 inaugural address, he will push for solutions with enthusiasm and vigor.  The ultimate proposals, and the paths towards their execution, may affect their chances of success.  Exactly what measures surface -- and which can either pass through Congress or, in the case of agency action, survive legal challenge -- will be revealed over the next four years. 

2013: a look ahead

With the new year upon us, here is a preview of several energy-related issues and events we will likely see this year:

Expansion of natural gas production, transmission and distribution.  The spread of hydraulic fracturing or fracking as a technique to produce natural gas from previously-uneconomic sources appears to be the largest revolution in the U.S. energy landscape in decades.  Natural gas will continue to displace coal and oil as an energy source in 2013, particularly for the generation of electricity.  The availability of cheap natural gas will also lead to the development of more local distribution company pipelines, enabling more businesses and homes to connect to natural gas supplies.  2013 will likely also bring proposed new natural gas transmission pipelines, connecting gas sources like the Marcellus and Utica shale fields to consumers across the country.
 
Offshore wind in U.S. waters.  2013 may see the construction of the first offshore wind projects in United States waters.  Cape Wind's project off Massachusetts may start cable work or other construction this year, as may Deepwater Wind's Block Island project off Rhode Island and Fishermen’s Energy's project off Atlantic City, New Jersey.  Congress's last-minute extension of the Investment Tax Credit or ITC gives a significant boost to offshore wind projects capable of beginning construction in 2013.  Not only was the tax credit's deadline extended by one year, but Congress also changed the trigger from being "placed in service" to commencing construction by December 31, 2013.  No offshore wind projects are currently operating or under construction in U.S. waters, so 2013 could be the year the first projects enter the water.  The federal Bureau of Ocean Energy Management is expected to continue its leasing program, making more ocean sites available for future offshore wind projects.

Keystone XL pipeline.  The Keystone XL pipeline, a $7 billion proposed extension of an existing crude oil pipeline, is slated to connect Alberta, Canada to Texas.  In 2011 and 2012, the project faced public scrutiny and failed to secure necessary federal and state approvals.  Among other permits, the project faces State Department review because it would enable imports or exports of oil across the national border with Canada.  Meanwhile, project lead TransCanada is moving ahead with the construction of some of the domestic legs of the project, and the full project is likely to come back up for review this year.

Energy efficiency continues to grow.  Investments in energy efficiency are likely to continue to grow in 2013.  Using fuels and energy sources more efficiently saves money for businesses and homeowners capable of making the investment.  It can also lower market prices for electricity and fuels by reducing demand, spreading the savings across all consumers.  New England regional electric grid operator ISO New England recently revised its load forecast to predict no increases in the demand for electricity through 2021 as a result of increased investment in energy efficiency.  This trend is likely to continue nationwide.


With 362 days left in the year, these issues and events are likely to be discussed for some time to come.  Will these predictions come true in 2013? 

Incremental hydropower tax incentives

Upgrading existing hydroelectric facilities to improve their efficiency or capacity can be cost-effective.  Not only will the plant produce more electricity more efficiently, but the upgrades may qualify the facility for a tax incentive designed to spur the development of new renewable electricity generation.  For example, installing inflatable flashboards or high-efficiency turbine runners could qualify a project for an energy production tax credit of 1.1¢/kWh. 

As part of the sweeping Energy Policy Act of 2005, Congress amended section 45 of the Internal Revenue Code to expand the renewable electricity production tax credit (or PTC) to incremental production gains from efficiency improvements or capacity additions to existing hydroelectric facilities.  Eligible improvements must be placed in service after August 8, 2005, and before January 1, 2014. 

To qualify incremental hydroelectric generation for the tax credit, the project owner applies to the Federal Energy Regulatory Commission under section 1301(c).  The Commission is required to certify the “historic average annual hydropower production” and the “percentage of average annual hydropower production at the facility attributable to the efficiency improvements or additions of capacity” placed in service during that time period.  The applicant is then able to take the production tax credit for the incremental amount of electric energy produced as a result of the upgrades.

While a credit of 1.1¢/kWh may seem small, hydroelectric projects typically produce relatively large amounts of electric energy at a relatively low operating cost.  Depending on the energy market, at times the tax credit may be worth half as much as the value of the underlying energy.  Also, in this context, the tax credit is only available for the incremental generation produced above the historic baseline; thus allowing incremental hydropower production to qualify for the PTC arguably rewards investment in upgrades.

At the same time, the continued availability of the tax credit for any kind of renewable electricity is in doubt.  Under current law, most renewable resources must be placed in service by the end of 2013 to qualify for the production tax credit.  Wind energy projects must be placed in service by the end of 2012.  Congress is considering whether to renew the tax credit, as it has done a number of times since it was first enacted in 1992.   According to a Congressional Budget Office report released this month, tax credits for renewable energy sources cost the government $1.4 billion in fiscal year 2011.

Obama: renewable energy tax credit reforms

President Obama's proposal to reform the way the U.S. taxes businesses includes making the soon-to-lapse production tax credit (PTC) for generating renewable electricity both permanent and refundable.  If enacted, this proposal would support the renewable energy industry, but could lead to a change the way projects are financed.

Earlier this month, the President and the Department of the Treasury issued a joint report entitled, "The President's Framework for Business Tax Reform" (25-page PDF).  The report presents a plan to reform America’s system of business taxation.  It labels the U.S. tax system "uncompetitive and inefficient", noting that the U.S. has a relatively narrow corporate tax base further reduced by loopholes, tax expenditures, and tax planning, and that the nation has a high statutory tax rate.

The cure proposed in the report is presented as supporting the "competitiveness of American businesses and increasing incentives to invest and hire in the United States by lowering rates, cutting tax expenditures, and reducing complexity, while being fiscally responsible."  It offers five key elements of business tax reform:

• Eliminate dozens of tax loopholes and subsidies, broaden the base and cut the corporate tax rate to spur growth in America
• Strengthen American manufacturing and innovation
• Strengthen the international tax system, including establishing a new minimum tax on foreign earnings, to encourage domestic investment
• Simplify and cut taxes for America’s small businesses
• Restore fiscal responsibility and not add a dime to the deficit

Each of these elements is treated in some depth in the report.  In the section presenting the President's "Framework for Reform" for the second element, strengthening manufacturing, the report says that the Framework would "[e]xtend, consolidate, and enhance key tax incentives to encourage investment in clean energy":

The President’s Framework would make permanent the tax credit for the production of renewable electricity, in order to provide a strong, consistent incentive to encourage investments in renewable energy technologies like wind and solar. As with the R&E Tax Credit, the United States has to date provided only a temporary production tax credit for renewable electricity generation. This approach has created an uncertain investment climate, undermined the effectiveness of our tax expenditures, and hindered the development of a clean energy sector in the United States. In addition, the structure of renewable production and investment tax credits has required many firms to invest in inefficient tax planning through tax equity structures so that they can benefit even when they do not have tax liability in a given year because of a lack of taxable income. The President’s Framework would address this issue by making the permanent production tax credit refundable. 

Several features of this proposal are worth noting.  First, the production tax credit would become permanent.  To date, the PTC has been enacted, expired, and re-enacted multiple times, although occasionally with breaks in between periods of eligibility.  The PTC soon faces expiration yet again.  Renewable energy developers say that the uncertainty over its future significantly chills interest and development in the renewable sector.  President Obama's plan to make the tax credit permanent would be a positive improvement from their perspective because it represents a longer-term commitment to stable tax treatment.  From the national perspective, this longer-term commitment may spur investment and jobs, although it faces challenge from those who do not believe permanent tax credits should be ever used to support renewable energy, let alone permanently.

Second, the PTC would be refundable.  This roughly means that if you qualify for the credit, you don't need any taxable income to be able to use the credit as an offset against tax liability; when a tax credit is refundable, you can often receive its value in the form of a check from the Treasury.  The non-refundable nature of the PTC and the related investment tax credit (ITC) at present has led to business structures that allow multiple entities to invest in a project while allocating specific tax benefits to those investors capable of using them.  According to the report, the result of the widespread use of these tax equity structures has been investment in inefficient tax planning.  President Obama's plan would eliminate one of the key reasons behind the tax equity structure commonly used today, and could change the scope of developers interested in proposing renewable energy projects.  For example, a developer with low or no U.S. tax liability would be able to reap the tax incentive without partnering with income-rich tax equity investors.  Tax equity structures may still have value even if this proposal passed, but it could lead to a change in the way renewable energy projects are financed.

The President's tax reform plan has yet to be fully reviewed by Congress, and many observers believe it nearly impossible that it would pass as currently conceived.  The renewable energy tax incentives at issue here may or may not be part of a final enacted tax reform plan.  For now, in an election year, this proposal has strengthened the President's alliance with the renewable energy industry, as he has cast himself as their best hope for extended and improved tax credits if reelected.

Inflatable flashboards at hydro dams

Dam owners are increasingly enhancing their revenue by using inflatable flashboards to optimize their hydroelectric production.  This new technology offers dam owners and operators increased safety and increased hydroelectric generation, as well as opening the door to tax credits and other incentives.

Flashboards have traditionally been a palisade of wooden boards inserted into the top of a dam's crest.  Flashboards increase a dam's capacity to hold water.  They are typically used seasonally in temperate climates, and are removed before winter.  Flooding or even high water can wash flashboards away, impairing the dam's ability to hold water until they can be replaced.  Replacing flashboards can entail danger to personnel, and it might be a long time before water levels recede enough to allow safe reinstallation.  In the meantime, a dam's ability to safely store water can be reduced.


Inflatable flashboards allow operators to increase or decrease the effective height of the flashboard system remotely.  The ability to quickly and safely restore pond elevation after a high flow event translates into increased electricity generation.  For example, inflatable flashboards at the Deer Rips - Androscoggin 3 Hydroelectric Project on the Androscoggin River in Lewiston and Auburn, Maine, have been calculated as likely to increase electric generation by 4.56% compared to a historical baseline.

This incremental hydropower generation can be valuable to the dam owner.  Not only does it allow the facility to produce more electricity, but it may also qualify the project for federal and state tax incentives.  For example, Section 45 of the Internal Revenue Code provides a renewable energy tax credit to owners or operators of qualified renewable electric generation facilities.  That credit was extended to the incremental production gains from efficiency improvements or capacity additions developed between 2005 and 2013.  Developers can ask the Federal Energy Regulatory Commission to certify a historic baseline of power produced at existing dams, as well as the incremental increase in hydropower production due to qualifying investments.  Once FERC has issued this certification, dam owners can provide that to the Internal Revenue Service to receive the tax credit.

3/31/10

It's a record: 11 inches of rain in Portland, Maine this March. The Portland Press Herald has some nice pictures of the effects of the Colcord Pond dam breach I mentioned yesterday. In Rhode Island, the flooding is bad enough -- 12 feet over the banks of the Pawtuxet River -- to greatly constrain the capacity of the Warwick wastewater treatment plant.

President Obama will announce more offshore oil drilling off the East Coast. Meanwhile oil prices are on the rise.

On Monday, Energy Secretary Steven Chu announced $37.5 million in funding for the U.S.-China Clean Energy Research Center, a virtual campus located at existing research sites in both countries. The Center will focus on energy efficiency, clean vehicles and carbon capture from coal-fueled power plants -- something China has a lot of.

A panel of British lawmakers investigating the "climategate" leaked email scandal have labeled British climate change research as "damaged" by the incident. The 59-page report by the Commons Science and Technology Committee says that climate change research must become more transparent.

In California, Kaiser Permanente Medical Center will start generating 10% of its power needs through 15 MW of solar photovoltaic arrays. Kaiser has entered into power purchase agreements with Recurrent Energy, who will own and operate the solar panels and sell the power to Kaiser, while Kaiser will retain the rights to the renewable energy credits. Meanwhile other projects in California are in a permitting backlog, jeopardizing their chances at earning the 30% cash grant in lieu of investment tax credit, which requires ground to be broken this year.

The Los Angeles City Council has backed a much smaller rate hike than proposed by Mayor Villaraigosa: 0.1-cent increase per kilowatt-hour in the rates paid by residential and commercial customers of the Los Angeles Department of Water and Power, with the initial money to go toward establishing a trust fund for renewable-energy production and energy efficiency.

Wisconsin wants in on the manufacturing associated with renewable deployment.