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Knock knock, it’s your local power provider. Can I interest you in a heat pump?

Natural gas utilities spend hundreds of millions of dollars each year on pipelines and related infrastructure — costs they typically recoup from ratepayers over the course of decades. In the eyes of clean energy advocates, these investments are not only imprudent, but also a missed opportunity. If a utility needs to replace a section of old pipeline at risk of leaking, for example, it could instead pay to electrify all of the homes on that line and retire the pipeline altogether — sometimes for less than the cost of replacement.
Utilities in climate-leading states like New York and California, under the direction of their regulators, have started to give this a shot, asking homeowners one by one if they want to electrify. The results to date are not especially promising — mainly because any one building owner can simply reply “no thanks.” The problem is that, legally, utilities don’t really have any other option.
All states have anti-discrimination laws that require utilities to provide service to anyone who requests it, known as the “obligation to serve.” Utilities have long exploited these statutes to justify spending on gas infrastructure — but now that they are pursuing alternatives to that increased spending, the same provisions are holding them up. To avoid investing in a section of the gas system that requires expensive maintenance, for example, a utility would need to get 100% of the customers served by that section off gas. It only takes one customer with an attachment to their gas stove to derail a whole project.
As long as it’s illegal to take away someone’s gas stove, there won’t be any way to plan an orderly transition off gas. And that’s a problem because the scattershot, incentives-based transition that’s happening now — where early adopters are grabbing subsidies for heat pumps and induction stoves — is a recipe for vast inequity.
“If random homes are being taken off the gas system, the entire gas infrastructure continues to need to stay in place, and it needs to be paid for and maintained and reinvested in,” Nicole Abene, the senior New York legislative and regulatory manager for the Building Decarbonization Coalition, told me. “What you're doing is leaving the people remaining on the gas system to pay for the entire system.”
A report published in early May by National Grid, which operates both gas and electric companies in New York and Massachusetts, and the clean energy nonprofit RMI, chronicles how poorly efforts to implement “non-pipeline alternatives,” where utilities try to electrify homes instead of further investing in the gas system, have gone. It says that in one case, National Grid offered to pay the full cost of installing geothermal heating systems for 19 customers in rural upstate New York in order to avoid performing system upgrades. Just five showed interest, and only three moved forward with the installations. In another case, the company contacted nearly 400 New York customers by phone about the potential to electrify their homes in order for the company to avoid replacing leak-prone pipes. Only 149 responded, and just 18 expressed interest.
PG&E, in California, has seen slightly more success. Between 2019 and 2021, it approached 124 customers to negotiate agreements to disconnect their gas and convert them to electrified heating and cooking so that the company could decommission sections of the system. After spending more than $3 million on outreach, it got 68, or 55% of the customers to sign contracts. It has since signed up at least 37 more building owners for the program and decommissioned 22 miles of pipeline as a result.
I asked Mike Henchen, a principal on the carbon-free buildings team at RMI and one of the authors of the report, why we should trust any of this data. It doesn't seem like there's much incentive for the utilities to try that hard, I said. They could simply mail out a pamphlet, and then come back to regulators and say, “Well, we asked and they didn’t respond.”
Henchen had a few thoughts on this. For one, these companies have all made public commitments to decarbonization and showed at least some support for reducing gas consumption to help achieve state climate goals. “They’ve got to back that up and show that they’re serious,” he said. “I think it’s also true that within these companies, real humans are being tasked at their job to go do these projects. Those people, regardless of what the utility business model is, want to see success from their efforts.” Plus, regulators are also stepping up their oversight.
In New York, utilities have to report back to regulators on their efforts, providing a window into how aggressively they have conducted outreach. Last year, Con Edison, which also provides gas and electric service in the state, pursued 65 projects to avoid replacing risky gas infrastructure like leak-prone pipes through electrification. Public filings say that the company first tried mailing brochures to the buildings that explained the benefits of electrification, along with a letter explaining how the program would work if they opted in and including the program manager’s business card. Then Con Edison sent emails to the building owners once a month for three months. It also met in person with customers, though it did not say how many. After reaching out to the owners of the more than 150 buildings that would be affected, only five agreed to cooperate.
The filings also outlined why customers declined to participate, with the number one reason being that they had either recently installed a new gas stove or simply preferred gas cooking. Other concerns raised included worries about higher electric bills and vulnerability to power outages.
Henchen said that utilities are only just getting started learning how to sell electrification to customers, and there’s a lot of ideas about how to improve, including working with community partners and engaging with local contractors.
But outreach is just one piece of the puzzle. The bigger obstacle is the law. The exhaustingly named “Strategic Pathways and Analytics for Tactical Decommissioning of Portions of Gas Infrastructure in Northern California” report, written by several California-based energy research firms, notes that despite PG&E’s more than 100 successful conversions, each project has been relatively small and low-impact. That’s because the company has not been able to convince clusters of customers larger than five at a time to convert.
Lawmakers have started to act. In March, Washington State passed a law amending its statute, allowing gas companies to meet their obligation to serve by providing “thermal energy” through a network of geothermal heating systems.
Massachusetts legislators are considering a bill that would change the official definition of a “gas company,” adding that it can be a corporation organized for the purpose of selling “utility-scale non-emitting renewable thermal energy.” The bill would also change the obligation to serve to be inclusive of that definition.
In New York, where the current statute calls gas, among other energy sources, “necessary for the preservation of the health and general welfare,” a bill called the HEAT Act would strike the word “gas” altogether and allow utilities to discontinue service as long as a replacement plan has been approved by the utility commission. California is also considering similar legislation.
New York’s HEAT bill cleared the State Senate earlier this year. The Assembly refused to include the proposal in the state budget, but could still bring it to the floor before the legislative session closes in early June. Though neither Con Edison nor National Grid has come out swinging publicly for the bill, both companies have expressed support for many of the policies in it, including ending the obligation to serve. In the new report with RMI, National Grid concedes that changing the statute is necessary — and that not doing so threatens to balloon costs for customers.
“Utilities’ obligation to connect new gas customers upon request will require the construction of new gas infrastructure regardless of whether the expansion is economically viable,” it says. “This policy challenge requires designing a new process to enable projects driven by community needs or system economics rather than individual customer opt-in.”
In other words, without changes, these laws that were designed to prevent inequality could end up exacerbating it.
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The United Nations climate conference wants you to think it’s getting real. It’s not total B.S.
How to transition away from fossil fuels. How to measure adaptation. How to confront the gap between national climate plans and the Paris Agreement goals. How to mine critical minerals sustainably and fairly.
How to get things done — not just whether they should get done — was front and center at this year’s United Nations climate conference, a marked shift from the annual event’s proclivity for making broad promises to wrestling with some of the tougher realities of keeping global warming in check.
Friday is the last official day of the two-week gathering known as COP30, taking place on the edge of the Amazon rainforest in Belém, Brazil, although probably not the actual end of it. Despite early assurances from the Brazilian government that this year’s conference would finish on time, delegates are still hashing out a final decision text and are likely to keep at it until at least Saturday.
The Brazilian leadership and other COP veterans have framed this as an “implementation COP,” where parties to the Paris Agreement “move from pledges to action” and similar clichès. It’s certainly not the first time these words have been used at COP. The Paris Agreement itself was billed as “enhancing the implementation” of the UN Framework Convention on Climate Change, the foundational treaty underlying these annual negotiations.
“Action” may be a stretch to describe what ultimately happened this year. As is the case at every COP, the provision of finance, or lack thereof, from developed to developing countries dominated the discussion, preventing progress on other agenda items. “Climate finance just remains this ongoing obstacle,” Rachel Cleetus, a senior policy director for the Union of Concerned Scientists, told me. Global south countries and small island states argue they simply cannot increase their ambition, or work on adaptation, without finance. The conference’s repeated failure to come to terms with that is probably the biggest counterpoint to the idea that these meetings have become more grounded in reality.
It remains to be seen which, if any, of the efforts to work out the details of the transition will make it into the final agreement, but the success of these annual gatherings should not only be measured by what’s in the text.
Here are three key ways Belém has already pushed the conversation forward.
During a speech at the start of the conference, Brazil’s President Luiz Inácio Lula da Silva proclaimed that it is “impossible to discuss the energy transition without talking about critical minerals, essential to make batteries, solar panels, and energy systems.”
Never before had the negotiations broached the subject of all of the industrial earth-moving implicit in the fight against climate change. By the end of the first week, however, one of the working groups had released a draft text that acknowledged “the social and environmental risks associated with” extracting and processing critical minerals.
A later revision of the document added a note about “enabling fair access to opportunities and fair distribution of benefits of value addition,” a reference to breaking the pattern of rich countries extracting minerals cheaply from the Global South while keeping the more profitable processing and manufacturing of those minerals at home. (As of Friday morning, however, references to “critical minerals” were erased from the text.)
The text was released by the Just Transition Work Program, a newer workstream at the conference that was established at COP27 in Egypt. Outside of the critical minerals note, there was a larger push to get Just Transition program as a whole more grounded in reality. This area of the negotiations focuses on ensuring the goals of the Paris Agreement are achieved fairly and equitably, with recognition that the transition will happen at a different pace in different countries, with different implications for each one’s economy. It was primarily established as a forum for countries to exchange ideas and information, with biannual meetings.
At COP30, however, the G77, China, and many global south countries began pushing to turn it into more of an action-oriented group that guides the global transition and tracks progress using agreed-upon metrics.
The Just Transition mechanism is not to be confused with the much-talked-about roadmap to transition away from fossil fuels, although the two are closely tied.
Two years ago, the final agreement at COP28 in Dubai made history with the first-ever call for “transitioning away from fossil fuels in energy systems, in a just, orderly and equitable manner.” Last year, however, that edict was dropped, as negotiations over a new climate finance target took precedence. Now it’s been revived, with robust support from countries to build on the statement with a more fleshed-out plan. Phasing out fossil fuels has vastly different implications for different countries, some of whose economies are deeply dependent on revenue from their fossil resources. The roadmap would start to work through what it would really mean to coordinate the effort.
Once again, the message came from the top. “We need roadmaps that will enable humankind, in a fair and planned manner, to overcome its dependence on fossil fuels, halt and reverse deforestation, and mobilize resources to achieve these goals,” Brazil’s Silva said in a speech at the opening of the conference.
This past Tuesday, a coalition of a whopping 82 countries came out in support of this planning effort, pressing for it to be included in the final decision text. “This is a global coalition, with global north and global south countries coming together and saying with one voice: this is an issue which cannot be swept under the carpet,” Ed Miliband, the UK’s energy secretary, said during a press conference that day.
Several more countries have joined since, bringing the count to 88 — nearly half of the 195 parties to the Paris Agreement. The biggest fossil fuel emitters, such as China, India, and Saudi Arabia, are not on board, however. As of Friday morning, all mentions of fossil fuels, let alone a roadmap, have been scrubbed from the draft decision text. Still, the huge coalition backing the roadmap is a sign of a growing and potentially powerful consensus.
One of the big questions looming over this year’s conference was whether and how countries would address their utter failure to live up to the Paris Agreement’s goal to keep warming “well below 2°C above pre-industrial levels,” let alone the more ambitious target of 1.5 degrees.
A report issued by the United Nations Environment Program just before the talks began concluded that countries’ latest climate pledges, known as their “nationally determined contributions,” or NDCs, would put the planet on a path to warm at least 2.3 degrees by the end of the century. It also stated definitively that global average temperatures would exceed 1.5 degrees of warming.
This wasn’t news — scientists have previously concluded that exceeding 1.5 degrees is basically guaranteed. “But this is the first time we saw it so bluntly in the UN report,” Cleetus told me. “So that was a pretty sobering backdrop coming into this COP.”
All countries were supposed to submit updated NDCs this year that contained targets for 2035, but more than 70 have failed to do so, including India, one of the world’s biggest emitters.
Island states, backed by Latin American nations and the EU, wanted the conference to make some kind of declaration that countries’ current pledges are not sufficient and should be revised. The draft text issued this morning, while acknowledging the insufficiencies of NDCs, does not spell out the implications or required response as bluntly as many want to see.
It does, however, introduce an important new concept that could become a key part of the negotiations in the future. For the first time, the text references a resolve to “limit both the magnitude and duration of any temperature overshoot.” This not only acknowledges that it’s possible to bring temperatures back down after warming surpasses 1.5 degrees, but that the level at which temperatures peak, and the length of time we remain at that peak before the world begins to cool, are just as important. The statement implies the need for a much larger conversation about carbon removal that has been nearly absent from the annual COPs, but which scientists say that countries must have if they are serious about the Paris Agreement goals.
"If countries (or the UNFCCC) want to keep talking about reaching 1.5C, they need to embrace net-negative emissions, moving even beyond net-zero,” Oliver Geden, a senior fellow at the German Institute for International and Security Affairs, and an IPCC report author, told me. “If they don't want to do this, then talking about reaching 1.5°C is not credible anymore.”
Things in Sulphur Springs are getting weird.
Texas Attorney General Ken Paxton is trying to pressure a company into breaking a legal agreement for land conservation so a giant data center can be built on the property.
The Lone Star town of Sulphur Springs really wants to welcome data center developer MSB Global, striking a deal this year to bring several data centers with on-site power to the community. The influx of money to the community would be massive: the town would get at least $100 million in annual tax revenue, nearly three times its annual budget. Except there’s a big problem: The project site is on land gifted by a former coal mining company to Sulphur Springs expressly on the condition that it not be used for future energy generation. Part of the reason for this was that the lands were contaminated as a former mine site, and it was expected this property would turn into something like a housing development or public works project.
The mining company, Luminant, went bankrupt, resurfaced as a diversified energy company, and was acquired by power giant Vistra, which is refusing to budge on the terms of the land agreement. After sitting on Luminant’s land for years expecting it to be used for its intended purposes, the data center project’s sudden arrival appears to have really bothered Vistra, and with construction already underway, the company has gone as far as to send the town and the company a cease and desist.
This led Sulphur Springs to sue Vistra. According to a bevy of legal documents posted online by Jamie Mitchell, an activist fighting the data center, Sulphur Springs alleges that the terms of the agreement are void “for public policy,” claiming that land restrictions interfering with a municipality’s ability to provide “essential services” are invalid under prior court precedent in Texas. The lawsuit also claims that by holding the land for its own use, Vistra is violating state antitrust law by creating an “energy monopoly.” The energy company filed its own counterclaims, explicitly saying in a filing that Sulphur Springs was part of crafting this agreement and that “a deal is a deal.”
That’s where things get weird, because now Texas is investigating Luminant over the “energy monopoly” claim raised by the town. It’s hard not to see this as a pressure tactic to get the data center constructed.
In an amicus brief filed to the state court and posted online, Paxton’s office backs up the town’s claim that the land agreement against energy development violates the state’s antitrust law, the Texas Free Enterprise and Antitrust Act, contesting that the “at-issue restriction appears to be perpetual” and therefore illegally anti-competitive. The brief also urges the court not to dismiss the case before the state completes its investigation, which will undoubtedly lead to the release of numerous internal corporate documents.
“Sulphur Springs has alleged a pattern of restricting land with the potential for energy generation, with the effect of harming competition for energy generation generally, which would necessarily have the impact of increasing costs for both Sulphur Springs and Texas consumers generally,” the filing states. “Evaluating the competitive effects of Luminant’s deed restrictions as well as the harm to Texans generally is a fact-intensive matter that will require extensive discovery.”
The Texas attorney general’s office did not respond to multiple requests for comment on the matter. It’s worth noting that Paxton has officially entered the Republican Senate primary, challenging sitting U.S. Senator John Cornyn. Contrary to his position in this case, Paxton has positioned himself as a Big Tech antagonist and fought the state public utilities commission in pursuit of releasing data on the crypto mining industry’s energy use.
A solar developer gets into a forest fight in California, and more of the week’s top conflicts around renewables.
1. Sacramento County, California – A solar project has become a national symbol of the conflicts over large-scale renewables development in forested areas.
2. Sedgwick County, Kansas – I am eyeing this county to see whether a fight over a solar farm turns into a full-blown ban on future projects.
3. Montezuma County, Colorado – One southwest Colorado county is loosening restrictions on solar farms.
4. Putnam County, Indiana – An uproar over solar projects is now leading this county to say no to everything, indefinitely.
5. Kalamazoo County, Michigan – I’m eyeing yet another potential legal challenge against Michigan’s permitting reform efforts.