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Two years in, union leaders say Biden’s big climate law is making a difference.
The Inflation Reduction Act is by far the most important climate law ever passed in the U.S. But it also may go down as one of the most important labor laws of recent history. Overnight, jobs installing solar farms that were largely performed by an itinerant, low-wage workforce had the potential to become higher-paid positions occupied by skilled tradespeople — maybe even union jobs.
That’s because in order to qualify for a 30% tax credit on their investment or operating costs, clean energy developers now have to follow two key labor standards. They have to pay construction workers the federally determined prevailing wage for their region, plus hire a designated number of apprentices, who are provided with paid classroom instruction in addition to on-the-job-training.
“I don’t think people have a sense of the scale and the scope of what this law has done and is going to do,” Rick Levy, the president of the Texas AFL-CIO, told me. “From our perspective, putting community well-being and labor standards in the very fabric of this industrial expansion is going to pay dividends for generations.”
On the eve of the IRA’s two-year anniversary, a new report provided exclusively to Heatmap has identified 6,285 utility-scale clean energy projects planned, under construction, or already operating, that are likely candidates for these tax credits. Together, they represent an estimated 3.9 million jobs, according to the Climate Jobs National Resource Center, a nonprofit that supports unions fighting for worker-centered climate action, which compiled the data.
There’s no way to know, at least right now, how many of the projects still in progress will actually get built, or how many have or will adhere to labor standards. Safe harbor provisions in the law also allow developers to claim the full tax credit without adhering to the rules as long as they started construction by the end of January 2023, so the full effect of the provisions will take some time to be realized.
But the report reveals the vast potential for the law to create higher-quality jobs in clean energy all over the country. Based on my reporting, that potential is starting to materialize. Union leaders told me they’re now having conversations with developers who never returned their calls before. And renewable energy developers and tax credit consultants told me it was a no-brainer to meet the labor standards, even though they create substantial administrative burdens. Otherwise, they’ll only be eligible for a 6% credit, leaving a huge amount of money on the table.
Mike Fishman, the executive director of the Climate Jobs National Resource Center, told me that when he first started advocating for high-road climate jobs, he found that many trades workers were afraid of clean energy. “If they had a good job in the fossil fuel industry, then saying, we’re going to reach these goals and shut down all the fossil fuel plants, that was very scary to people.” But since the IRA passed, he’s seen a change in workers’ attitudes about supporting climate action. “It creates a sense that there’s a future for everyone — an economic future, as well as a climate future,” Fishman said.
The IRA’s potential to spur well-paid jobs and training opportunities is actually even larger than the Resource Center’s estimate indicates. The report only covers clean energy generation projects like wind and solar farms, but the law also tied labor standards to tax credits for the construction of clean energy manufacturing plants, EV chargers, carbon capture projects, hydrogen plants, clean fuel factories, and new, energy-efficient buildings.
The standards are likely to affect each of these industries in different ways, but it’s instructive to look at what’s already happening in renewable energy development. To do so, you first have to understand that developers sit near the top of a ladder of companies involved in bringing an energy project into the world. Above them sits investors; below, a series of contractors and subcontractors who manage the project on the ground and hire the workers who ultimately build it.
Before the IRA, everyone along this ladder had an incentive to keep costs as low as possible. At the top, developers are competing for power contracts with utilities. Contractors would try to win bids by quoting the lowest construction costs. Staffing agencies would source temporary workers from all over the country and negotiate wages and benefits on a case by case basis. An investigation into solar work by Vicefound that it was “common to have two workers doing the same job for vastly different pay and living stipends.” Some would travel to a new place for a gig and “pile into motel rooms with other workers on the same projects in order to save money.”
The IRA disrupts that incentive structure, creating a new regime whereby the top priority is getting that 30% tax credit. The law also extended the ladder, creating new rungs of accountability thanks to new tax credit transferability rules that allow developers to sell their tax credits to third parties. That means there are a host of other companies looming over developers’ shoulders with a stake in making sure they don’t cheat the rules. Tax credit buyers don’t want to end up in a situation where the IRS audits the developer who sold them the credits, finds that there weren’t enough apprentices on the project, and claws back the money. The risk is serious enough that buyers also purchase insurance for these transactions, adding another layer of oversight.
“The lawyers are scaring everyone about this,” Derek Silverman, the co-founder and chief product officer of Basis Climate, a startup that matches tax credit buyers and sellers, told me. For example, the law contains a loophole for companies to claim the credit without hiring the required number of apprentices as long as they show they made a “good faith effort.” Treasury defines that as having reached out to at least one registered apprenticeship program in the area every year the project is operating. Silverman said he’s seen lawyers challenge companies that are trying to get around the requirement, asking them who they reached out to and berating them if it wasn’t a legitimate effort.
“They’re saying, you have a huge part of your capital stack that’s based off this tax credit,” said Silverman. “It’s not worth the downside of the government questioning through an audit that you didn’t meet these requirements, and then, boom, you owe them $20 million when it would have cost you $100,000 to do the documentation and get that all square.”
The upside is valuable enough that it’s generated a whole new cottage industry in tax credit compliance. Empact Technologies, for example, is a software company that collects and evaluates payroll data from contractors to make sure they are paying the correct wages and have the right number of apprentices. “Then we have to go back and essentially fix all of the mistakes that they made every single week” — like classifying workers incorrectly and paying them the wrong amount, or falling behind on apprenticeship hours — “which every single contractor does. It’s insane,” Charles Dauber, Empact’s founder, told me.
All of this has added much complexity — and cost — to renewable energy development. David Yaros, who co-leads Deloitte’s US Tax Sustainability Practice, told me that the cost of compliance, including hiring companies like Empact and Deloitte to compile all the documentation, could eat into 5% to 20% of the tax benefits.
“This has raised our costs,” Rodrigo Inurreta Acero, a government affairs manager at the international developer EDP Renewables, confirmed, referring specifically to the added cost of consultants rather than the mostly negligible cost of paying prevailing wages. “But, we are very, very happy to comply with this, because the juice is worth the squeeze.”
There’s clear incentives for developers to do everything in their power to meet the labor standards. The key question is whether these two little provisions — prevailing wage and apprenticeships — are strong enough to “build a strong pipeline of highly-skilled workers” and “ensure clean energy jobs are good-paying jobs,” as the Biden administration has said.
The need is definitely there. A census of U.S. solar jobs in 2022 found that 52% of solar installation and project development companies found it “very difficult” to find qualified workers, with electricians and construction workers being among the most difficult positions to fill.
But even if armies of lawyers are scaring companies into making serious efforts to hire apprentices, that doesn’t mean they are actually finding them. “It’s not clear at this stage whether apprenticeship programs are scaling up fast enough to match labor supply to project demand,” Derrick Flakoll, a policy associate at BloombergNEF told me. He pointed to an announcement made by the White House just last month of $244 million in grants to expand the Registered Apprenticeship system throughout the country. “I’d be skeptical that apprenticeship programs have been able to scale up yet,” said Flakoll.
There’s a catch with the wage requirement, too: “Prevailing wage” doesn’t necessarily mean a living wage, and it can vary dramatically from place to place. The rate is determined by surveys sent out to contractors and labor organizations, and is typically higher in jurisdictions with active labor unions. For example, in Falls County, Texas, where the 640 megawatt Roseland Solar project is under construction, prevailing wage for a general laborer is $8.75 an hour. In Sangamon County, Illinois, where the 800 megawatt Black Diamond Solar project is being built, prevailing wage for a laborer is $34.04 an hour plus benefits worth $29.26 an hour.
Nico Ries, the lead organizer for the Green Workers Alliance, which organizes solar and wind workers, told me solar wages seem to have only increased in places with higher union density. That’s because unions are now on a more even playing-field to compete for jobs in those areas, since their typical rates have become the de facto minimum.
To be clear, the prevailing wage and apprenticeship provisions do not require developers to hire union workers to build their projects. And there are plenty of non-union, registered apprenticeships. Ries told me that the temp staffing agencies that have served the solar industry in the past are quickly standing up apprenticeship programs to stay on top of the market under the IRA. The main problem with that, they said, is that unlike union apprentices, these workers have no representation.
“There’s a lot of misinformation,” Ries said. “People think they are joining an apprenticeship and it’s going to be a whole thing, but it’s really just a little training or two, and then they slap a sticker on your hard hat.”
Nonetheless, unions are starting to make inroads in solar in places that have long been hostile to organized labor. Ethan Link, the assistant business manager for the Southeast Laborers’ District Council, which has members in right-to-work states throughout the south, told me that before and after the IRA was like “night and day.” For the first time, solar developers are calling the union directly to talk about projects on the horizon and to figure out how to work with them. As a result, the union is investing in more solar-specific training for its apprenticeship instructors.
“The Inflation Reduction Act is one of the most consequential and, I think, also most innovative ways of inducing the market to have broad based benefits for the community,” Link said. “The way I’ve experienced it, it’s changed the landscape on the ground with these developers within a matter of months, rather than a matter of years.” He said they don’t yet have a lot of workers actually assigned to projects, but “we’re really optimistic about where things sit right now.”
Kent Miller, president of the Wisconsin Laborers’ District Council, told me his union has been able to double its apprenticeship program from around 300 to 400 students a few years ago to closer to 700 to 800 post-IRA. It’s now looking to build another training campus to expand its capacity. Not all of that growth is thanks to renewable energy, he said, but the union now has a significant portion of its membership that just works in utility-scale solar.
Earlier this year, Wisconsin’s four biggest electric utilities pledged to employ local, union labor on all future renewable energy projects. Miller doesn’t think this would have happened without the incentives in the IRA. Though every wind farm in Wisconsin has been built by union labor, the more nascent solar industry was starting to bring in non-union workers from out of state to build projects. The IRA incentives gave Miller’s union leverage in negotiations with the utilities, because future projects were going to need to be able to find registered apprentices. “Unions run the best registered apprenticeship programs,” he said. “It was showing what we could do, what we could bring to the table.”
There is one more small but potentially powerful incentive for developers to work with unions. The Internal Revenue Service has said that if companies sign a project labor agreement — an agreement with one or more unions, made prior to hiring, that establishes wages and benefits — then they are less likely to be audited, and won’t have to pay penalties if they are found to be non-compliant.
To Levy, of the AFL-CIO in Texas, and others in the labor movement, getting workers to support clean energy is essential to tackling climate change. “Unless workers see themselves and their interests reflected in these new energy technologies, there’s never going to be the kind of political support that we need to be able to do the things we need to do to save the planet,” Levy said. The first step to achieve that, he said, is making sure these jobs are “good union jobs.”
The Climate Jobs National Resource Center connected me with Kim Tobias, a union electrician in Maine, as an example of how union jobs can change lives. Tobias used to work in call centers, providing customer service for healthcare software companies, before leaving to join the International Brotherhood of Electrical Workers. She was making $16 an hour in her last call center job after more than 10 years in the field, and was fed up after getting passed over for a promotion. When she started as an electrical apprentice in 2019, she essentially doubled her salary overnight once benefits were taken into account.
Today, in part because of the IRA, but also because of a state law that requires developers to pay prevailing wage on all large renewable projects in Maine, Tobias mainly works on solar projects. The work isn’t always ideal — she told me she once had to commute 75 miles away for a solar job — while she was pregnant, no less. “Then again, a year and a half later, I worked a solar job that was 0.9 miles away from my house. So it’s give and take,” she said.
But Tobias also said she sees potential to create high-quality clean energy jobs beyond solar in Maine, where, she lamented, “people under the age of 30 are leaving in droves.” She noted that an old paper mill in Lincoln, Maine, is being turned into an energy storage site, and the developer has already said it would establish a collective bargaining agreement with the Maine Building and Construction Trades. Illustrating Levy’s point about political support, the union is also now advocating for the construction of a new port to support the offshore wind industry, which would have to be built with union labor under a recent state law.
Even if the IRA’s labor provisions are starting to work, which it seems they are, they contain one significant weakness. The rules only apply to the construction of projects — not to their operations. It’s an improvement to have labor standards for construction jobs. But once they are built, wind and solar farms don't take many people to operate. The federally subsidized clean energy manufacturing plants springing up around the country due to the IRA will create a lot more jobs, but, at least right now, those jobs don’t have to be “good.”
“I think that people need to understand the opportunity here,” said Levy, and make sure that we continue to build on it and not turn back.”
Editor’s note: This story has been updated to clarify the “good faith effort” exception to the apprenticeship provision and that both provisions apply only to construction.
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The foreign entities of concern rules in the One Big Beautiful Bill would place gigantic new burdens on developers.
Trump campaigned on cutting red tape for energy development. At the start of his second term, he signed an executive order titled, “Unleashing Prosperity Through Deregulation,” promising to kill 10 regulations for each new one he enacted.
The order deems federal regulations an “ever-expanding morass” that “imposes massive costs on the lives of millions of Americans, creates a substantial restraint on our economic growth and ability to build and innovate, and hampers our global competitiveness.” It goes on to say that these regulations “are often difficult for the average person or business to understand,” that they are so complicated that they ultimately increase the cost of compliance, as well as the risks of non-compliance.
Reading this now, the passage echoes the comments I’ve heard from industry groups and tax law experts describing the incredibly complex foreign entities of concern rules that Congress — with the full-throated backing of the Trump administration — is about to impose on clean energy projects and manufacturers. Under the One Big Beautiful Bill Act, wind and solar, as well as utility-scale energy storage, geothermal, nuclear, and all kinds of manufacturing projects will have to abide by restrictions on their Chinese material inputs and contractual or financial ties with Chinese entities in order to qualify for tax credits.
“Foreign entity of concern” is a U.S. government term referring to entities that are “owned by, controlled by, or subject to the jurisdiction or direction of” any of four countries — Russia, Iran, North Korea, and most importantly for clean energy technology, China.
Trump’s tax bill requires companies to meet increasingly strict limits on the amount of material from China they use in their projects and products. A battery factory starting production next year, for example, would have to ensure that 60% of the value of the materials that make up its products have no connection to China. By 2030, the threshold would rise to 85%. The bill lays out similar benchmarks and timelines for clean electricity projects, as well as other kinds of manufacturing.
But how companies should calculate these percentages is not self-evident. The bill also forbids companies from collecting the tax credits if they have business relationships with “specified foreign entities” or “foreign-influenced entities,” terms with complicated definitions that will likely require guidance from the Treasury for companies to be sure they pass the test.
Regulatory uncertainty could stifle development until further guidance is released, but how long that takes will depend on if and when the Trump administration prioritizes getting it done. The One Big Beautiful Bill Act contains a lot of other new tax-related provisions that were central to the Trump campaign, including a tax exemption for tips, which are likely much higher on the department’s to-do list.
Tax credit implementation was a top priority for the Biden administration, and even with much higher staffing levels than the department currently has, it took the Treasury 18 months to publish initial guidance on foreign entities of concern rules for the Inflation Reduction Act’s electric vehicle tax credit. “These things are so unbelievably complicated,” Rachel McCleery, a former senior advisor at the Treasury under Biden, told me.
McCleery questioned whether larger, publicly-owned companies would be able to proceed with major investments in things like battery manufacturing plants until that guidance is out. She gave the example of a company planning to pump out 100,000 batteries per year and claim the per-kilowatt-hour advanced manufacturing tax credit. “That’s going to look like a pretty big number in claims, so you have to be able to confidently and assuredly tell your shareholder, Yep, we’re good, we qualify, and that requires a certification” by a tax counsel, she said. To McCleery, there’s an open question as to whether any tax counsel “would even provide a tax opinion for publicly-traded companies to claim credits of this size without guidance.”
John Cornwell, the director of policy at the Good Energy Collective, which conducts research and advocacy for nuclear power, echoed McCleery’s concerns. “Without very clear guidelines from the Treasury and IRS, until those guidelines are in place, that is going to restrict financing and investment,” Cornwell told me.
Understanding what the law requires will be the first challenge. But following it will involve tracking down supply chain data that may not exist, finding alternative suppliers that may not be able to fill the demand, and establishing extensive documentation of the origins of components sourced through webs of suppliers, sub-suppliers, and materials processors.
The Good Energy Collective put out an issue brief this week describing the myriad hurdles nuclear developers will face in trying to adhere to the tax credit rules. Nuclear plants contain thousands of components, and documenting the origin of everything from “steam generators to smaller items like specialized fasteners, gaskets, and electronic components will introduce substantial and costly administrative burdens,” it says. Additionally the critical minerals used in nuclear projects “often pass through multiple processing stages across different countries before final assembly,” and there are no established industry standards for supply chain documentation.
Beyond the documentation headache, even just finding the materials could be an issue. China dominates the market for specialized nuclear-grade materials manufacturing and precision component fabrication, the report says, and alternative suppliers are likely to charge premiums. Establishing new supply chains will take years, but Trump’s bill will begin enforcing the sourcing rules in 2026. The rules will prove even more difficult for companies trying to build first-of-a-kind advanced nuclear projects, as those rely on more highly specialized supply chains dominated by China.
These challenges may be surmountable, but that will depend, again, on what the Treasury decides, and when. The Department’s guidance could limit the types of components companies have to account for and simplify the documentation process, or it could not. But while companies wait for certainty, they may also be racking up interest. “The longer there are delays, that can have a substantial risk of project success,” Cornwell said.
And companies don’t have forever. Each of the credits comes with a phase-out schedule. Wind manufacturers can only claim the credits until 2028. Other manufacturers have until 2030. Credits for clean power projects will start to phase down in 2034. “Given the fact that a lot of these credits start lapsing in the next few years, there’s a very good chance that, because guidance has not yet come out, you’re actually looking at a much smaller time frame than than what is listed in the bill,” Skip Estes, the government affairs director for Securing America’s Energy Future, or SAFE, told me.
Another issue SAFE has raised is that the way these rules are set up, the foreign sourcing requirements will get more expensive and difficult to comply with as the value of the tax credits goes down. “Our concern is that that’s going to encourage companies to forego the credit altogether and just continue buying from the lowest common denominator, which is typically a Chinese state-owned or -influenced monopoly,” Estes said.
McCleery had another prediction — the regulations will be so burdensome that companies will simply set up shop elsewhere. “I think every industry will certainly be rethinking their future U.S. investments, right? They’ll go overseas, they’ll go to Canada, which dumped a ton of carrots and sticks into industry after we passed the IRA,” she said.
“The irony is that Republicans have historically been the party of deregulation, creating business friendly environments. This is completely opposite, right?”
On the budget debate, MethaneSAT’s untimely demise, and Nvidia
Current conditions: The northwestern U.S. faces “above average significant wildfire potential” for July • A month’s worth of rain fell over just 12 hours in China’s Hubei province, forcing evacuations • The top floor of the Eiffel Tower is closed today due to extreme heat.
The Senate finally passed its version of Trump’s One Big Beautiful Bill Act Tuesday morning, sending the tax package back to the House in hopes of delivering it to Trump by the July 4 holiday. The excise tax on renewables that had been stuffed into the bill over the weekend was removed after Senator Lisa Murkowski of Alaska struck a deal with the Senate leadership designed to secure her vote. In her piece examining exactly what’s in the bill, Heatmap’s Emily Pontecorvo explains that even without the excise tax, the bill would “gum up the works for clean energy projects across the spectrum due to new phase-out schedules for tax credits and fast-approaching deadlines to meet complex foreign sourcing rules.” Debate on the legislation begins on the House floor today. House Speaker Mike Johnson has said he doesn’t like the legislation, and a handful of other Republicans have already signaled they won’t vote for it.
The Environmental Protection Agency this week sent the White House a proposal that is expected to severely weaken the federal government’s ability to rein in planet-warming pollution. Details of the proposal, titled “Greenhouse Gas Endangerment Finding and Motor Vehicle Reconsideration,” aren’t clear yet, but EPA Administrator Lee Zeldin has reportedly been urging the Trump administration to repeal the 2009 “endangerment finding,” which explicitly identified greenhouse gases as a public health threat and gave the EPA the authority to regulate them. Striking down that finding would “free EPA from the legal obligation to regulate climate pollution from most sources, including power plants, cars and trucks, and virtually any other source,” wrote Alex Guillén at Politico. The title of the proposal suggests it aims to roll back EPA tailpipe emissions standards, as well.
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So long, MethaneSAT, we hardly knew ye. The Environmental Defense Fund said Tuesday that it had lost contact with its $88 million methane-detecting satellite, and that the spacecraft was “likely not recoverable.” The team is still trying to figure out exactly what happened. MethaneSAT launched into orbit last March and was collecting data about methane pollution from global fossil fuel infrastructure. “Thanks to MethaneSAT, we have gained critical insight about the distribution and volume of methane being released from oil and gas production areas,” EDF said. “We have also developed an unprecedented capability to interpret the measurements from space and translate them into volumes of methane released. This capacity will be valuable to other missions.“ The good news is that MethaneSAT was far from the only methane-tracking satellite in orbit.
Nvidia is backing a D.C.-based startup called Emerald AI that “enables AI data centers to flexibly adjust their power consumption from the electricity grid on demand.” Its goal is to make the grid more reliable while still meeting the growing energy demands of AI computing. The startup emerged from stealth this week with a $24.5 million seed round led by Radical Ventures and including funding from Nvidia. Emerald AI’s platform “acts as a smart mediator between the grid and a data center,” Nvidia explains. A field test of the software during a grid stress event in Phoenix, Arizona, demonstrated a 25% reduction in the energy consumption of AI workloads over three hours. “Renewable energy, which is intermittent and variable, is easier to add to a grid if that grid has lots of shock absorbers that can shift with changes in power supply,” said Ayse Coskun, Emerald AI’s chief scientist and a professor at Boston University. “Data centers can become some of those shock absorbers.”
In case you missed it: California Governor Gavin Newsom on Monday rolled back the state’s landmark Environmental Quality Act. The law, which had been in place since 1970, required environmental reviews for construction projects and had become a target for those looking to alleviate the state’s housing crisis. The change “means most urban developers will no longer have to study, predict, and mitigate the ways that new housing might affect local traffic, air pollution, flora and fauna, noise levels, groundwater quality, and objects of historic or archeological significance,” explainedCal Matters. On the other hand, it could also mean that much-needed housing projects get approved more quickly.
Tesla is expected to report its Q2 deliveries today, and analysts are projecting a year-over-year drop somewhere from 11% to 13%.
Jesse teaches Rob the basics of energy, power, and what it all has to do with the grid.
What is the difference between energy and power? How does the power grid work? And what’s the difference between a megawatt and a megawatt-hour?
On this week’s episode, we answer those questions and many, many more. This is the start of a new series: Shift Key Summer School. It’s a series of introductory “lecture conversations” meant to cover the basics of energy and the power grid for listeners of every experience level and background. In less than an hour, we try to get you up to speed on how to think about energy, power, horsepower, volts, amps, and what uses (approximately) 1 watt-hour, 1 kilowatt-hour, 1 megawatt-hour, and 1 gigawatt-hour.
Shift Key is hosted by Jesse Jenkins, a professor of energy systems engineering at Princeton University, and Robinson Meyer, Heatmap’s executive editor.
Subscribe to “Shift Key” and find this episode on Apple Podcasts, Spotify, Amazon, YouTube, or wherever you get your podcasts.
You can also add the show’s RSS feed to your podcast app to follow us directly.
Here is an excerpt from our conversation:
Jesse Jenkins: Let’s start with the joule. The joule is the SI unit for both work and energy. And the basic definition of energy is the ability to do work — not work in a job, but like work in the physics sense, meaning we are moving or displacing an object around. So a joule is defined as 1 newton-meter, among other things. It has an electrical equivalent, too. A newton is a unit of force, and force is accelerating a mass, from basic physics, over some distance in this case. So 1 meter of distance.
So we can break that down further, right? And we can describe the newton as 1 kilogram accelerated at 1 meter per second, squared. And then the work part is over a distance of one meter. So that kind of gives us a sense of something you feel. A kilogram, right, that’s 2.2 pounds. I don’t know, it’s like … I’m trying to think of something in my life that weighs a kilogram. Rob, can you think of something? A couple pounds of food, I guess. A liter of water weighs a kilogram by definition, as well. So if you’ve got like a liter bottle of soda, there’s your kilogram.
Then I want to move it over a meter. So I have a distance I’m displacing it. And then the question is, how fast do I want to do that? How quickly do I want to accelerate that movement? And that’s the acceleration part. And so from there, you kind of get a physical sense of this. If something requires more energy, if I’m moving more mass around, or if I’m moving that mass over a longer distance — 1 meter versus 100 meters versus a kilometer, right? — or if I want to accelerate that mass faster over that distance, so zero to 60 in three seconds versus zero to 60 in 10 seconds in your car, that’s going to take more energy.
Robinson Meyer: I am looking up what weighs … Oh, here we go: A 13-inch MacBook Air weighs about, a little more than a kilogram.
Jenkins: So your laptop. If you want to throw your laptop over a meter, accelerating at a pace of 1 meter per second, squared …
Meyer: That’s about a joule.
Jenkins: … that’s about a joule.
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