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The Biden administration is hoping they’ll be a starting gun for the industry. The industry may or may not be fully satisfied.
In one of the Biden administration’s final acts to advance decarbonization, and after more than two years of deliberation and heated debate, the Treasury Department issued the final requirements governing eligibility for the clean hydrogen tax credit on Friday.
At up to $3 per kilogram of clean hydrogen produced, this was the most generous subsidy in the 2022 Inflation Reduction Act, and it came with significant risks if the Treasury did not get the rules right. Hydrogen could be an important tool to help decarbonize the economy. But without adequate guardrails, the tax credit could turn it into a shovel that digs the U.S. deeper into a warming hole by paying out billions of dollars to projects that increase emissions rather than reducing them.
In the final guidelines, the Biden administration recognized the severity of this risk. It maintained key safeguards from the rules proposed in 2023, while also making a number of changes, exceptions, and other “flexibilities” — in the preferred parlance of the Treasury Department — that sacrifice rigorous emissions accounting in favor of making the program easier to administer and take advantage of.
For example, it kept a set of requirements for hydrogen made from water and electricity known as the “three pillars.” Broadly, they compel producers to match every hour of their operation with simultaneous clean energy generation, buy this energy from newly built sources, and ensure those sources are in the same general region as the hydrogen plant. Hydrogen production is extremely energy-intensive, and the pillars were designed to ensure that it doesn’t end up causing coal and natural gas plants to run more. But the final rules are less strict than the proposal. For example, the hourly matching requirement doesn’t apply until 2030, and existing nuclear plants count as new zero-emissions energy if they are considered to be at risk of retirement.
Finding a balance between limiting emissions and ensuring that the tax credit unlocks development of this entirely new industry was a monumental challenge. The Treasury Department received more than 30,000 comments on the proposed rule, compared to about 2,000 for the clean electricity tax credit, and just 89 for the electric vehicle tax credit. Senior administration officials told me this may have been the most complicated of all of the provisions in the IRA. In October, the department assured me that the rules would be finished by the end of the year.
Energy experts, environmental groups, and industry are still digesting the rule, and I’ll be looking out for future analyses of the department’s attempt at compromise. But initial reactions have been cautiously optimistic.
On the environmental side, Dan Esposito from the research nonprofit Energy Innovation told me his first impression was that the final rule was “a clear win for the climate” and illustrated “overwhelming, irrefutable evidence” in favor of the three pillars approach, though he did have concerns about a few specific elements that I’ll get to in a moment. Likewise, Conrad Schneider, the U.S. senior director at the Clean Air Task Force, told me that with the exception of a few caveats, “we want to give this final rule a thumbs up.”
Princeton University researcher Jesse Jenkins, a co-host of Heatmap’s Shift Key podcast and a vocal advocate for the three pillars approach, told me by email that, “Overall, Treasury’s final rules represent a reasonable compromise between competing priorities and will provide much-needed certainty and a solid foundation for the growth of a domestic clean hydrogen industry.”
On the industry side, the Fuel Cell and Hydrogen Energy Association put out a somewhat cryptic statement. CEO Frank Wolak applauded the administration for making “significant improvements” but warned that the rules were “still extremely complex” and contain several open-ended parts that will be subject to interpretation by the incoming Trump-Vance administration.
“This issuance of Final Rules closes a long chapter, and now the industry can look forward to conversations with the new Congress and new Administration regarding how federal tax and energy policy can most effectively advance the development of hydrogen in the U.S.,” Wolak said.
Constellation Energy, the country’s biggest supplier of nuclear power, was among the most vocal critics of the proposed rule and had threatened to sue the government if it did not create a pathway for hydrogen plants that are powered by existing nuclear plants to claim the credit. In response to the final rule, CEO and President Joe Dominguez said he was “pleased” that the Treasury changed course on this and that the final rule was “an important step in the right direction.”
The California governor’s office, which had criticized the proposed rule, was also swayed. “The final rules create the certainty needed for developers to invest in and build clean, renewable hydrogen production projects in states like California,” Dee Dee Myers, the director of the Governor’s Office of Business and Economic Development, said in a statement. The state has plans to build a $12.6 billion hub for producing and using clean hydrogen.
Part of the reason the Treasury needed to find a Goldilocks compromise that pleased as many stakeholders as possible was to protect the rule from future lawsuits and lobbying. But not everyone got what they wanted. For example, the energy developer NextEra, pushed the administration to get rid of the hourly matching provision, which though delayed remained essentially untouched. NextEra did not respond to a request for comment.
Companies that fall on the wrong side of the final rules may still decide to challenge them in court. The next Congress could also make revisions to the underlying tax code, or the incoming Trump administration could change the rules to perhaps make them more favorable to hydrogen made from fossil fuels. But all of this would take time — a rule change, for example, would trigger a whole new notice and comment process. Though the one thing I’ve heard over and over is that the industry wants certainty, which the final rule provides, it’s not yet clear whether that will outweigh any remaining gripes.
In the meantime, it's off to the races for the nascent clean hydrogen industry. Between having clarity on the tax credit, the Department of Energy’s $7 billion hydrogen hubs grant program, and additional federal grants to drive down the cost of clean hydrogen, companies now have numerous incentives to start building the hydrogen economy that has received much hype but has yet to prove its viability. The biggest question now is whether producers will find any buyers for their clean hydrogen.
Below is a more extensive accounting of where the Treasury landed in the final rules.
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On “deliverability,” or the requirement to procure clean energy from the same region, the rules are largely unchanged, although they do allow for some flexibility on regional boundaries.
As I explained above, the Treasury Department also kept the hourly matching requirement, but delayed it by two years until 2030 to give the market more time to set up systems to achieve it — a change Schneider said was “really disappointing” due to the potential emissions consequences. Until then, companies only have to match their operations with clean energy on an annual basis, which is a common practice today. The new deadline is strict, and those that start operations before 2030 will not be grandfathered in — that is, they’ll have to switch to hourly matching once that extended clock runs out. In spite of that, the final rules also ensure that producers won’t be penalized if they are not able to procure clean energy for every single hour their plant operates, an update several groups applauded.
On the requirement to procure clean power from newly built sources, also known as “incrementality,” the department made much bigger changes. It kept an overarching definition that “incremental” generators are those built within three years of the hydrogen plant coming into service, but added three major exceptions:
1. If the hydrogen facility buys power from an existing nuclear plant that’s at risk of retirement.
2. If the hydrogen facility is in a state that has both a robust clean electricity standard and a broad, binding, greenhouse gas cap, such as a cap and trade system. Currently, only California and Washington pass this test.
3. If the hydrogen facility buys power from an existing natural gas or coal plant that has added new carbon capture and storage capacity within three years of the hydrogen project coming into service.
The hydrogen tax credit is so lucrative that environmental groups and energy analysts were concerned it would drive companies like Constellation to start selling all their nuclear power to hydrogen plants instead of to regular energy consumers, which could drive up prices and induce more fossil fuel emissions.
The final rules try to limit this possibility by only allowing existing reactors that are at risk of retirement to qualify. But the definition of “at risk of retirement” is loose. It includes “merchant” nuclear power plants — those that sell at least half their power on the wholesale electricity market rather than to regulated utilities — as well as plants that have just a single reactor, which the rules note have lower or more uncertain revenue and higher operational costs. Looking at the Nuclear Energy Institute’s list of plants, merchant plants make up roughly 40% of the total. All of Constellation Energy’s plants are merchant plants.
There are additional tests — the plant has to have had average annual gross receipts of less than 4.375 cents per kilowatt hour for at least two calendar years between 2017 and 2021. It also has to obtain a minimum 10-year power purchase agreement with the hydrogen company. Beyond that, the reactors that meet this definition are limited to selling no more than 200 megawatts to hydrogen companies, which is roughly 20% for the average reactor.
Esposito, who has closely analyzed the potential emissions consequences of using existing nuclear plants to power hydrogen production, was not convinced by the safeguards. “I don't love the power price look back,” he told me, “because that's not especially indicative of the future — particularly this high load growth future that we're quickly approaching with data centers and everything. It’s very possible power prices could go up from that, and then all of a sudden, the nuclear plants would have been fine without hydrogen.”
As for the 200 megawatt cap, Esposito said it was better than nothing, but he feels “it's kind of an implicit admission that it's not really, truly clean” to produce hydrogen with the energy from these nuclear plants.
Schneider, on the other hand, said the safeguards for nuclear-powered hydrogen projects were adequate. While a lot of plants are theoretically eligible, not all of their electricity will be eligible, he said.
The rules assert that in states that meet the two criteria of a clean electricity standard and a binding cap on emissions, “any increased electricity load is highly unlikely to cause induced grid emissions.”
But in a paper published in February, Energy Innovation explored the potential consequences of this exemption in California. It found that hydrogen projects could have ripple effects on the cap and trade market, pushing up the state’s carbon price and triggering the release of extra carbon emission allowances. “In other words, the California program is more of a ‘soft’ cap than a binding one — the emissions budget ‘expands or contracts in response to price bounds set by the legislature and [California Air Resources Board],’” the report says.
Esposito thinks the exemption is a risk, but that it requires further analysis and he’s not sounding the alarm just yet. He said it could come down to other factors, including how economical hydrogen production in California ends up being.
Producers are also eligible for the tax credit if they make hydrogen the conventional way, by “reforming” natural gas, but capture the emissions released in the process. For this pathway, the Treasury had to clarify several accounting questions.
First, there’s the question of how producers should account for methane leaked into the atmosphere upstream of the hydrogen plant, such as from wells and pipelines. The proposal had suggested using a national average of 0.9%. But researchers found this would wildly underestimate the true warming impact of hydrogen produced from natural gas. It could also underestimate emissions from natural gas producers that have taken steps to reduce methane leakage. “We branded that as one size fits none,” Schneider told me.
The final rules create a path for producers to use more accurate, project-specific methane emissions rates in the future once the Department of Energy updates a lifecycle emissions tool that companies have to use called the “GREET” model. The Environmental Protection Agency recently passed new methane emissions laws that will enable it to collect better data on leakage, which will help the DOE update the model.
Schneider said that’s a step in the right direction, though it will depend on how quickly the GREET model is updated. His bigger concern is if the Trump administration weakens or eliminates the EPA’s methane emissions regulations.
The Treasury also opened up the potential for companies to produce hydrogen from alternative, cleaner sources of methane, like gas captured from wastewater, animal manure, and coal mines. (The original rule included a pathway for using gas captured from landfills.) In reality, hydrogen plants taking this approach are unlikely to use gas directly from these sources, but rather procure certificates that say they have “booked” this cleaner gas and can “claim” the environmental benefits.
Leading up to the final rule, some climate advocates were concerned that this system would give a boost to methane-based hydrogen production over electricity-based production, as it's cheaper to buy renewable natural gas certificates than it is to split water molecules. Existing markets for these credits also often overestimate their benefits — for example, California’s low carbon fuel system gives biogas captured from dairy farms a negative carbon intensity score, even though these projects don’t literally remove carbon from the atmosphere.
The Treasury tried to improve its emissions estimates for each of these alternative methane sources to make them more accurate, but negative carbon intensity scores are still possible.
The department did make one significant change here, however. It specified that companies can’t just buy a little bit of cleaner methane and then average it with regular fossil-based methane — each must be considered separately for determining tax credit eligibility. Jenkins, of Princeton, told me that without this rule, huge amounts of hydrogen made from regular natural gas could qualify.
Producers also won’t be able to take this “book and claim” approach until markets adapt to the Treasury’s reporting requirements, which isn’t expected until at least 2027.
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While they’re getting more accurate all the time, they still rely on data from traditional models — and possibly always will.
The National Oceanic and Atmospheric Administration has had a bruising few weeks. Deep staffing cuts at the hands of Elon Musk’s efficiency crusaders have led to concerns regarding the potential closure of facilities critical to data-gathering and weather-forecasting operations. Meteorologists have warned that this could put lives at risk, while industries that rely on trustworthy, publicly available weather data — from insurance to fishing, shipping, and agriculture — are bracing for impact. While reliable numbers are difficult to come by, the agency appears to have lost on the order of 7% to 10% of its workforce, or more than 1,000 employees. NOAA’s former deputy director, Andrew Rosenberg, wrote that Musk plans to lay off 50% of the agency, while slashing its budget by 30%.
Will that actually happen? Who the heck knows. But what we can look at are the small cracks that are already emerging, and who could step in to fill that void.
One thing that’s certain is that the National Weather Service, a division of NOAA, announced last week that it is suspending operations at a weather balloon launch site in Alaska, due to staffing shortages. The data gathered at this remote outpost helped inform the agency’s weather forecasts, which are relied upon by hundreds of millions of people, as well as many of the world’s largest companies and public agencies.
Perhaps to Musk’s department, this looks like a prime opportunity for the private sector to step up and demonstrate some nimble data gathering prowess — and indeed a startup that I’ve covered before, WindBorne, has already offered its services. The company, which makes advanced weather balloons, has offered to provide NOAA with data from its own Alaska launches for six months, at no cost. WindBorne is also one of a number of private companies creating AI-based weather models that have outperformed NOAA’s traditional, physics-based models on key metrics such as temperature, wind speed and direction, precipitation, humidity, and pressure.
All this raises the question, though, of what kind of role the private sector could and should play in the weather forecasting space overall. If the architects of Project 2025 have their way, NOAA would be “broken up and downsized,” and its National Weather Service division would “fully commercialize its forecasting operations.” If the Trump administration achieves these goals, “the Weather Service would cease to function in a way that it could meet its mandate to protect American life and property,” Daniel Swain, a climate scientist at University of California Agriculture and Natural Resources, told me.
But given that heavyweights like Google, Huawei, and Nvidia are already in the AI-based weather prediction game, along with startups such as WindBorne and Brightband, which is making weather predictions tailored to the needs of specific industries such as insurance, agriculture, or transportation, it wasn’t clear to me whether, if NOAA were to crumble, the accuracy of weather forecasts necessarily would, too. I thought that perhaps Musk, the White House’s most notorious AI enthusiast, might be thinking the same thing. So I asked around.
“There’s actually a very good argument that I think would be very uncontroversial to expand the role of the private sector, even to offload certain parts of the workflow to the private sector,” Swain told me, with regards to NOAA and its adoption — or lack thereof — of AI-based weather forecasting. But what nobody wanted was to get rid of free, publicly available government forecasts completely.
“I don’t want to have to figure out what company to trust. I just want to be able to go and open the National Weather Service and know what’s going on,” John Dean, the CEO and co-founder of WindBorne, told me.
Julian Green, the CEO and co-founder of Brightband, agreed. “The government doesn’t just forecast the weather, but it gives people alerts. And there’s regulation around whether [it tells you that] you should evacuate, or shut your factory down, or so on.” It’s not hard to imagine the ethical quandaries that could arise from a private company with a profit motive deciding who can access potentially life-saving forecasts, and for how much.
WindBorne’s and Brightband’s AI models, as well as those from tech giants such as Google, are significantly less computationally intensive to operate than those from NOAA or the other leading weather forecasting agency, the European Center for Medium-Range Weather Forecasts. These traditional models rely on supercomputers crunching complicated atmospheric equations based on the laws of physics to make their predictions.
But this doesn’t mean the physics-based models are getting replaced by AI now, or potentially ever. Government data and traditional forecasts still make up the backbone of advanced AIs, which are trained on decades of data largely gathered by NOAA satellites, weather balloons, and radar systems, and then interpreted through the lens of standard physics-based models. After training is complete, the AI models can predict what weather patterns will develop, much like ChatGPT predicts the next word in a sequence, but only after being fed a snapshot of initial weather conditions — also pulled from traditional physics-based models.
Essentially, these AI forecasts are built on the backs of the giants, and while their outcomes are hugely promising, they could not exist without that solid foundation. While one day, it might be possible to operate AI forecasting models without relying on traditional models, Dean and Green told me that physics-based models might always be critical for training the AI. So while their companies’ respective models have yielded impressive results, both Dean and Green nixed the idea that their companies could wholly replace the predictions made by the National Weather Service.
All of this is in flux of course, but as Green put it to me in an email, “a good mechanic doesn't throw away good older tools just because you get new tools.” Plus, as Dean explained, there are still conditions under which physics-based models tend to outperform AI, such as “really small-scale and high-res phenomena — let’s say convective events, let’s say severe thunderstorms in the Plains, or tornado formation.”
Even Project 2025’s authors point out that private industry forecasters rely on publicly available NOAA data, though it doesn’t make any reference to AI models or physics models. The document simply says that the agency “should focus on its data-gathering services” and the “efficient delivery of accurate, timely, and unbiased data to the public and to the private sector.”
There are also questions around whether AI models, trained on data from the past, will be able to predict the types of unusual and extreme weather events that are becoming more and more common in a warming world, Swain told me. “Does it fully capture those?” he asked. “There’s a lot of evidence that the answer is no.”
Lastly, NOAA’s weather model, the Global Forecast System, is simply measuring much more than the AI models do today. “It predicts so many different phenomena, like different types of snow, hail, mixing ratios, turbulence,” Dean said. “We’re building up over time to add more and more variables. But for both WindBorne and other models, it’s not the same currently as what GFS does.”
So while the Heritage Foundation might want to delegate all forecasting responsibilities to private companies, the vision I heard from the startups I talked to looked more like a mutually beneficial arrangement than the full commercialization of weather prediction, or even a clean division of labor. “It’s not privatized weather, it’s a public-private partnership,” Dean said of his ideal future, “where you get freely available forecasts from a public institution like NOAA, but they work with our industry to iterate faster and to drive more innovation.”
What everyone seems to want is simply for the government to forecast better, and today that means moving quickly to build AI-based models. NOAA has taken some steps forward, prototyping some models, bolstering its computing capabilities, and even recently partnering with Brightband to optimize its observational data to train AI models. But it remains behind other agencies in this regard. “The Chinese government and the European Center for Medium Range Weather Forecasts have done a far better job at adopting AI-based weather forecasts than NOAA has,” Dean told me. “So something does need to change at NOAA to get them to move faster.”
Indiscriminately laying off hundreds of the agency’s employees may not be the best place to start. But if there’s anything we know Musk loves, it’s AI and private sector ingenuity. So maybe, just maybe, this administration will be able to forge the kind of partnerships that can supercharge federal forecasting, while keeping NOAA’s weather predictions free and open for all. Or maybe we’ll all just be paying the big bucks to figure out when a hurricane is going to hit.
On energy transition funds, disappearing butterflies, and Tesla’s stock slump
Current conditions: Australians have been told to prepare for the worst ahead of Cyclone Alfred, and 100,000 people are already without power • Argentina’s Buenos Aires province has been hit by deadly flooding • Critical fire conditions will persist across much of west Texas through Saturday.
Many foreign aid programs have reportedly received a questionnaire from the Trump administration that they must complete as part of a review, presumably to help the government decide whether or not the groups should receive any more federal funds. One of the questions on the list, according toThe New York Times, is: “Can you confirm this is not a climate or ‘environmental justice’ project or include such elements?” Another asks if the project will “directly impact efforts to strengthen U.S. supply chains or secure rare earth minerals?” President Trump issued an executive order freezing foreign aid on his first day back in office. The Supreme Court subsequently ruled that aid must be released. The Times notes that “many of the projects under scrutiny have already fired their staff and closed their doors, because they have received no federal funds since the review process ostensibly began. … Within some organizations, there are no staff members left to complete the survey.”
The United States has withdrawn from a global financing program aimed at helping poorer nations ditch fossil fuels and shift to clean energy. A spokesperson from the Treasury Department said the Just Energy Transition Partnership does not align with President Trump’s vision of American economic and environmental values. The program was launched in 2021 and has 10 donor nations, including many European countries. Its first beneficiaries were Indonesia, Senegal, South Africa, and Vietnam. The U.S. had committed more than $3 billion to Indonesia and Vietnam and nearly $2 billion to South Africa under the initiative. “The U.S. withdrawal is regrettable,” said Rachel Kyte, the U.K.’s climate envoy. “The rest of the world moves on.” In January, the Trump administration canceled $4 billion in pledges to the Green Climate Fund. “We have to plan for a world where the U.S. is not transfusing funds into the green transition,” Kyte added.
Butterfly populations in the U.S. are rapidly declining due to a combination of climate change, habitat loss, and pesticide exposure, according to a “catastrophic and saddening” new study published in the journal Science. “Butterflies are vanishing from the face of the earth,” one of the study’s co-authors told The Washington Post. The research analyzed data from 77,000 butterfly surveys and found that butterfly numbers have fallen by 22% in just 20 years across the entire country. Of the 342 butterfly species that could be analyzed for trends, 107 plummeted by more than 50% and 22 by more than 90%. Just nine species saw their numbers rise. The researchers say these numbers are likely an underestimate.
The findings underscore the crisis facing all the small, underappreciated insects that pollinate flowers and crops, control pests, maintain soil health, and play a vital role in the food chain. According to the World Wildlife Fund, up to 40% of the world’s insect species may disappear by the end of the century. The study’s lead author, ecologist Collin Edwards, said there is some hope. “Butterflies have fast life cycles,” he said. “At least one generation per year, often two or three. And each of those generations lays a ton of eggs. This means that if we make the world a more hospitable place for butterflies, butterfly species have the capacity to respond very quickly and take advantage of all our efforts.”
The Government Accountability Office yesterday said that Congress can’t review (or repeal) the Environmental Protection Agency’s waiver that lets California set its own vehicle emissions standards. The decision derails plans being spearheaded by Republicans and EPA Administrator Lee Zeldin to use the congressional review process to overturn the waiver. California’s aggressive emissions standards, which have been adopted by many other states, would effectively end the sale of fully gas-powered cars by 2035. Republicans are mulling their next move.
Tesla’s stock price has been taking a beating as resentment grows around CEO Elon Musk’s political meddling. The company’s valuation soared from around $800 billion to $1.5 trillion in December, when it became clear Musk would become the president-elect’s right hand man. Since that moment, the company’s value has fallen by more than $600 million, effectively erasing the bump in Tesla’s market cap. Shares fell by 5.6% yesterday alone, and sales are cratering abroad and in key U.S. markets like California.
As Andrew Moseman explains for Heatmap, a big drop in sales could be a double-whammy for Tesla revenue. “Recall that the company’s most reliable revenue stream is not really its sales of electric cars, but rather the carbon credits generated by those EVs under California’s auto emissions regulatory scheme, which it can sell to other automakers who’ve yet to meet their emissions targets,” Moseman says. “Tesla’s tumbling sales in the wake of Musk’s antics could reduce the amount of credits it could sell to others, since the credits are tied to sales of low-emissions vehicles.” There was more bad news for Musk today: A SpaceX Starship rocket exploded during a test flight, sending flaming debris flying across a large area and disrupting air traffic in Florida.
A new report shows that a year after London expanded its low-emissions zone, air quality in the city has improved, with nitrogen dioxide levels across 2024 down significantly:
State legislatures are now a crucial battleground for the future of renewable energy, as Republican lawmakers seek massive restrictions and punitive measures on new solar and wind projects.
Once a hyperlocal affair, the campaign to curtail renewable energy development now includes state-wide setbacks, regulations, and taxes curtailing wind and solar power. As we previously reported, Oklahoma is one of those states – and may as soon as this year enact mandatory setback requirements on wind power facilities, despite getting nearly half its electricity from wind farms. According to a Heatmap Pro analysis, these rules would affect 65 of Oklahoma’s 77 counties.
Oklahoma is far from alone in potentially restricting land use. In Arizona, the State House last month passed legislation that according to one analysis would lock wind developers off more than 90% of all land in the state. Roughly half of the remaining available acreage would be on Native tribal lands and in or near national parks, which are especially tough areas to build wind turbines. The bill is currently pending before the state Senate. There isn’t much wind energy in Arizona but utilities, who’ve been mostly mum on the legislation so far, have been trying to build more wind and solar in order to wean off coal and gas power. Unfortunately, according to the Arizona Republic, this legislation was reportedly prompted by the backlash to a specific new wind project: Lava Run, a 500-megawatt wind project in the state’s White Mountains opposed by nearby residents.
When asked if the project would ultimately be built, Repsol – Lava Run’s developer – simply told me the company “believes that wind energy in Arizona represents an opportunity to benefit local communities and the state as a whole.”
Republican states have passed legislation to restrict renewables development in certain areas before, so this isn’t exactly a novel development. Florida last year banned all offshore wind projects, and in Ohio, a recent law empowering localities to block solar and wind projects has significantly curtailed industry investment in the state. Wisconsin Republicans are trying to enact similar legislation as soon as this year.
But the sweeping quickness of this legislative effort is striking – and transcends land use rules. Elsewhere, development restrictions may come in the form of tax increases, like in Idaho where the chief revenue committee in the state House has unanimously approved legislation that would institute a per-foot excise tax on individual wind turbines taller than 100 feet without local approval. (The average wind turbine is 320-feet tall.) In Missouri, Republican state legislators are advancing legislation that would create additional taxes for building solar projects on agricultural land, a proposal that echoes an effort underway in the U.S. Congress to strip tax benefits from such projects. And Ohio Republicans have introduced plans to axe all existing state subsidies for solar project construction and operation.
Then there’s the situation in Texas, where state Republican lawmakers are expected to revive a bill requiring solar and wind projects to get express approval from the Public Utilities Commission – a process that fossil fuel projects do not have to go through. The state is the nation’s top producer of renewable energy, generating over 169,000 gigawatt-hours last year.
The legislation passed one legislative chamber in the previous session and environmental activists are starting to sound the alarm that it could get even greater traction this go-around. Luke Metzger, executive director of Environment America’s Texas division, told me that if it becomes law, it would likely undermine investor confidence in developing solar and wind in Texas for the foreseeable future. “It’s very unclear if they could get a permit” under the bill, Metzger said. “If some wealthy Texans didn’t want a solar farm near their ranch, they could convince the PUC to reject their permit.”
Metzger said he is also worried that Texas acting to restrict renewables would produce similar regulation in other parts of the country given the state’s legacy role as a conservative policy braintrust.
“You could have this ripple effect that could end the industry,” Metzger said, “at least in several other states.”
The aggressive and rapid approach sweeping state legislatures has yet to get a national spotlight, so I'm curious how the renewables trade groups are handling these bills.
I asked American Clean Power and the Solar Energy Industries Association if they have any data on the rise of anti-renewables legislation and whether they have comments on this trend. Neither organization responded with data on how many states may soon pass renewables restrictions, but they did get back to me quite fast with comments. SEIA provided a statement from Sarah Birmingham, their vice president of state affairs, noting that energy demand “is rising across the country and we need all the electricity we can get, fast.” The group also pointed to polling it commissioned on solar energy popularity in Texas and a report it just happened torelease in January touting the benefits solar can provide to the state’s revenue base.
ACP meanwhile provided me with a similar statement to SEIA’s, defending renewables and criticizing state bills restricting solar and wind project development.
“Reducing their growth at state and local levels stifles innovation, raises consumer energy costs, and hinders a cleaner, more reliable grid, leaving communities vulnerable to energy shortages,” said spokesman Jason Ryan.
It’s clear some legislators agree with ACP. In Montana, legislation targeting wind turbine height is stuttering after a large cadre of industry representatives and property owners complained it would kill development entirely and kneecap tax revenue to the sparsely populated state. And in Mississippi, lawmakers appear to have abandoned efforts to enact a one-year moratorium on wind turbines for a study on the industry’s impacts on agriculture.
But it’s only March. I guess we’ll have to wait and see how aggressive – and how public – the fight over these bills this year will become.