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A conversation with Jason Clark, former chief strategy officer for American Clean Power
With the election approaching, I wanted to talk to the smartest person I could find to explain how the election could affect the Inflation Reduction Act and ultimately renewable energy development. So I hit up Jason Clark, who was until recently chief strategy officer for American Clean Power during passage of the Inflation Reduction Act and the first years of IRS guidance.
Clark, who has started energy policy consulting firm Power Brief, put together a risk profile for every major IRA program in the event of unified Republican control in Washington. I talked to him about the risk analysis, what programs are most at risk, and whether we should care about oil companies supporting some parts of the law.
Why did you do this?
I spent the last six months traveling the world and during that time, I was blissfully tuned out on politics. Now that I’m back in D.C., and given how consequential this election is going to be – suffice it to say, I’m tuned back in.
I was close to the IRA drafting process – I’m familiar with the underlying bill and also how the government thinks about the programs. I recently started a company, Power Brief, that marries my love for clean energy policy and my old consulting habits: pretty visuals and PowerPoints. And looking at what might happen to the IRA felt like THE big thing happening in the space right now, so I wanted to dive deeper.
A lot of the content has been “will they/won’t they” analysis. How much do Republicans feel strongly about this bill overall? How much passion would Trump have for pushing for a full repeal? It’s been out there. But this is so complicated and has so many moving parts. I wanted to try and capture both the political reality for some of these programs and also the very practical reality of how the government thinks about the cost of these programs. The fact it can all be contained in one visual is to help people who care about climate policy and want to really understand what may happen depending on how the election turns out.
We know Congress is going to take a stab at a new tax bill next year. I’ve written about how the IRA would be targeted in that situation. Can you help our readers understand why these programs would be vulnerable in tax talks?
Classic partisan politics in D.C. By the nature of using reconciliation, the IRA was ultimately purely Democratic-led and that automatically paints it with a certain color. I think that [former] President Trump has been very unshy about criticizing the IRA, and when he doesn’t use the IRA moniker, he uses different monikers thereof. And people are going to be looking for the easiest path [to money to extend the Trump-era tax cuts].
What I don’t think is that it’ll be thrown out entirely. We’ve seen members of the House and Senate express support for parts of it–
Republicans?
Correct. There was a letter from 18 House Republicans to the [House] Speaker [Mike Johnson] saying we shouldn’t just throw this out, we should really look at it. And I think that there’s a lot of people who look at where the investment from the IRA is flowing – a lot of the dollars are going to Republican-controlled states and districts. Yes, that may insulate the whole bill from repeal outright but a lot of that is announced investment but hasn’t turned into steel on the ground and jobs yet.
So your chart singles out EV tax credits as most vulnerable to repeal. Why?
The universe of electric vehicle tax credits is fully at risk. We’ve seen it from Republican voters – constituents! – who feel that EVs are just some type of government mandated, this is some car you have to buy. But it also happens to be very, very expensive. When the Joint Committee on Taxation (JCT} crunches the numbers about what this is going to cost between now and 10 years from now, it’s one of the most expensive portions of the legislation. So when you look at it and ask how much is it going to cost to ax this and give us the most savings in the tax code? You get this.
The IRA didn’t create these credits though. It simply expanded them. You think the entire credit could go away in a Republican trifecta?
I think the entire EV tax credit.
Okay. So next up on the chopping block per your chart is the renewable energy investment tax credit, or ITC. Why?
“Both the ITC and the PTC [production tax credit] when they shift into this new tech neutral paradigm have the same risk profile. For these, I don’t think it’s necessarily going to be a full repeal. I think the data about how much money is going into Republican districts is legitimate, and I think it will materialize. But there’s many spectrums of levers that someone can pull.
The tech neutral credit doesn’t end on a certain calendar year date. It ends when the U.S. sector hits a certain emissions target. The credit continues until that moment in time. One way to make the credit look less expensive on paper is to say, no, we are going to end it at a certain point. Take 2030 or 2032. You could codify a timeline on it, so the JCT won’t score the out-years on how expensive the credit is going to be. That is one version of it.
Another version of it is that there’s a base credit and then there’s added layers, like wage requirements or low-income area benefits. And that’s another thing you could pull to say, look, we’re not going to do that anymore.
What would be the impact on developers?
I don’t think a lot of folks appreciate just how long range some of this planning is, how long it takes to permit something, how long it takes to figure out the interconnection queue.
Companies aren’t thinking what are we going to build this year – they’re thinking what will be put online in 2035. So if the government changes the stability of that, companies start to pull back and say hey, let’s not go too crazy in the outyears. Baseline? It means fewer clean energy projects come online. The industry has been banking on a certain level of certainty to plan against. Any shockwave against that and some companies are going to look and ask if they have the assurance to move forward with this or not.
Okay well, candidly, to that I say: woof. So okay, your chart labels the PTC and energy efficiency credits as vulnerable. Why are they at risk if they cost less than other programs?
There are going to be certain things where the dollars and cents lose out to the political policy realities. On energy efficiency, it would be easy to make that whole category a continuation over the fight on gas stoves or heat pumps and frame them as tax credits for wealthy people to do expensive stuff on their homes, costing the rest of the country. I don’t think it’s as much of a kitchen table conversation per se but it’s up there. Even if it doesn’t save them that much money, it does face the risk of being that low-hanging fruit.
Well, alrighty then. What about 45X? That’s pretty crucial to many manufacturers out there today.
I think both Democrats and Republicans can stand behind more domestic manufacturing coming to the United States. That’s something that is a bipartisan consensus and reducing that, harming that, will pose a liability for politicians. Now similarly, you could shorten the window and amounts, but at the end of the day, it’s a lot more politically resilient despite being seen as the most expensive part of what was included in the IRA.
You ranked about half of the IRA’s programs – hydrogen, carbon capture, sustainable aviation fuels, and more – as being both low cost and at low risk for repeal. Why?
What they benefit from is a greater resonance with Republican policymakers. Carbon capture and sequestration, sustainable aviation fuels and biofuels, hydrogen – all of these things get more of a shrug with Republicans when you talk to them. And that is why you see major oil and gas groups come out and say, hey, let’s not repeal the whole IRA.
But repealing the programs at risk while keeping these other programs… how would that outcome impact the pace of decarbonization?
Drastically. It would effectively remove the economic premise for all future renewable energy generation. It gets rid of a key driver of the shift toward electric vehicles. I think if you repealed everything in the red, then I think what you’ve done is you’ve gotten rid of all the reasons capital is pouring money into renewable energy projects and storage right now. In that scenario you’d see a drastic slowdown in climate ambitions in the electric power sector and also the EV transition that’s been happening.
So… the oil companies telling Trump to keep some of the IRA is a cold comfort, then?
Knowing it doesn’t go away fully is a cold comfort looking at this risk analysis.
What did this exercise teach you about the IRA?
I think that a lot of the net benefit of the decarbonization that translates to jobs and economic development is really, really close, and a lot of what is in the IRA would be lower risk if more of that had been pushed through faster. I think implementation and the natural barriers of the lack of transmission, siting and permitting challenges… There's a confluence of things that make it hard to quickly double the size of the sector but a lot of stuff is coming. But there’s capital behind it, plans behind it, and I think they’re going to build a lot more. As they do that, the sentiment is going to change behind it, but we have to get to that promised land first.
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Moss Landing is turning into a growing problem for the energy storage industry.
The Moss Landing battery fire now may be the storage industry’s East Palestine moment – at least in California.
In the weeks since Vistra’s battery plant south of San Francisco caught fire on January 16, at least two lawsuits have been filed against Vistra, PG&E, and battery manufacturer LG Chem by people and business owners claiming damages from the blaze. I have learned at least one more will be filed by individuals who’ve conducted headline-grabbing soil samples that found toxic metals.
Meanwhile, towns and counties up and down the California coastline have banned new battery storage projects and requested more control from the state over permitting and operating them.
At the granular level, circumstances look even more tense. Santa Barbara County this week voted to proactively plan for the potential enactment of legislation before the California state assembly that would let localities be the decider on battery storage, instead of state authorities. The bill is scheduled for its first hearing in the assembly’s utility committee in early April. County officials voted to act essentially like it will become the law of the land, despite testimony from local community services staff noting how unique the Moss Landing event was.
What was especially stark to me: Robert Shaw – CEO of local utility Central Coast Community Energy – spoke before the supervisors and made it clear lots of additional storage would be required for the company to meet its 2030 climate commitments. He explained that storage has to be close to where the energy load is in order to avoid costly transmission lines, telling the board that “in order to operate, they’ve got to add reliability to the grid – but they’ve also got to be affordable.”
Now, today, we’re expecting new regulations arising from California’s battery fire fears: the Public Utilities Commission will vote to adopt proposed recommendations for battery storage siting requirements. This will include requirements for emergency response and action plans after battery fires and new standards for safe operation. A vote to adopt these recommendations is scheduled later this afternoon and advocates in California tell me they anticipate no hiccups.
So why such a profound local revolt? How did California rapidly deploy battery storage only to veer into possibly emboldening local control, which certainly may make residents feel better but would also stall the pace of the energy transition?
I’ve spent the last week looking into it and the simplest explanation is this: Moss Landing still feels like a disaster zone. Residents miles away from where the blaze occurred are suffering mysterious illnesses, like random bloody noses and headaches, and medical issues they suspect is related to the fire, such as a random metallic taste. I’ve seen the pictures of skin that looks burned and heard the voices of people who say they no longer have most of their voice after inhaling airborne substances after the event. Locals are routinely posting online about how they’re extremely disappointed with the government’s response, especially state and federal officials, and at the end of the day, no matter the cause, word of such profound and lasting suffering can spread across the internet like, well, a wildfire.
The industry also clearly believes opposition is growing because of misunderstandings about how Moss Landing was a singular incident – most battery storage sites are outdoors and use battery chemistries that offer less risk of a “thermal runaway” event, which is the term of art used to describe the uncontrolled fire spread that can occur at a battery storage site.
Renewables trade group American Clean Power gathered media last week for a virtual briefing to discuss battery safety, during which the group’s vice president of energy storage Noah Roberts sought to reassure the public and said the organization is “working to ensure that an event like this doesn’t happen in the future and do not anticipate an event like this will happen in the future.”
“This battery storage project was located within a retrofitted power plant from the 1950s and very much represents a global anomaly,” Roberts said, adding that “this incident and its impact is not something we have previously seen.”
None of this is stopping Moss Landing from becoming a galvanizing event. I’ve learned that activists on the ground and their attorneys are receiving a flood of inquiries from individuals fighting battery projects elsewhere in the United States.
“You’re going to feel absolutely like guinea pigs — and, unfortunately, you are because protocols weren’t in place,” environmental activist Erin Brockovich told affected residents at a public virtual town hall I attended late Tuesday night. Brockovich encouraged anyone who believes they were impacted by the battery fire to work publicly and behind the scenes to get the local control legislation in the state assembly passed. “Your input, hundreds and hundreds of you, on this legislation can help change the course for many communities in California in the future, on where [BESS] is built, how far away. Are they not going to be built?”
Knut Johnson, an attorney who is representing victims in one of the lawsuits, told me he believes this story should ultimately go national with seismic ramifications for the storage industry. He also told me he’s “curious to see how the Trump administration responds to this.” Johnson put the webinar on with Brockovich, who, he told me, is acting as a paralegal assisting with the case.
“This was so sudden and unexpected and following several years of magical thinking where they weren’t preparing for this possibility,” he said of the developers and state officials.
And more of the week’s top conflicts around renewable energy.
1. Nantucket County, Massachusetts – Welcome to the Vineyard Wind lawsuit 2.0.
2. Carroll County, Maryland – Carroll County commissioners are intervening in the state permitting fight over two relatively small solar projects, in what has become a wider proxy battle between the county and the state over solar on farmland.
3. Barren County, Kentucky – Somehow this large-scale 100-megawatt solar farm proposed by Geenex is having an easier time in Kentucky than in Maryland. Why?
4. Osage County, Oklahoma – A federal judge paused the removal of the Enel wind farm that was ordered last year to be removed over opposition from Native tribes.
5. Albany County, Wyoming – It seems the conservative anti-renewables advocates working against offshore wind are quietly involved in fighting Repsol’s Rail Tie wind project in Wyoming.
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Today’s conversation is with Samantha Levy, senior policy manager for conservation and energy at American Farmland Trust, an agriculture and energy advocacy organization I became familiar with through covering the conflict over solar on farmland. I reached out to Levy after the organization released new recommendations for agrivoltaics policy last week – just before a large agrivoltaics project was canceled in Ohio over local opposition. I wanted to ask: are there any bright spots for the future of solar and farms commingling?
Today’s conversation was lightly edited for clarity.
So let’s start with the news – what are your recommendations on agrivoltaics?
A few years ago we came up with Smart Solar principles, modeled off of this idea of “smart growth” rather than this idea of sprawled development that makes it harder for farms to operate. It’s “smart solar.”
The four principles are: One, to prioritize siting on the built-in environment, contaminated land, and marginal farmland, because there’s this natural funneling that happens towards really good, flat, open sunny farmland – the best land for growing crops sometimes.
The second principle is to safeguard soils and water. If you are siting solar on your farmland, make sure you’re retaining the ability to farm that land ideally during the life of the project but certainly in the future. That covers stuff like design, installation practices, decommissioning plans. Making sure that if you have water rights they’re not extinguished by not using them.
The third principle is to expand the development of agrivoltaics projects, integrating production into a solar array so you’re not converting the land and are still contributing to the rural farm economy.
Finally, [fourth] is advancing farm viability and equity.
Where are you seeing positive developments? Success stories?
In terms of policy, it’s important to look at the state level. We’re not really sure how this is going to play out at the federal level just yet. But there’s quite a lot of hope: a lot of states have climate laws on the books with renewable energy targets they need to meet. At the same time, this conflict is real. It stops projects. It’s not the only issue that comes up with communities but it is one of them. [We want to] make sure that we don’t stop projects and get good projects built because we know there are benefits that come about because of them.
In Massachusetts, you have a fairly significant energy adder – an increase to the price paid to the developer for the energy they produce – from an agrivoltaics project when they meet state specifications. Or take the state of Colorado, for instance, funding research into agrivoltaics and is now moving forward with property tax credits for agrivoltaics projects. And they’re designing that policy in a very thoughtful way to incentivize innovative designs for agrivoltaics projects.
In New York we’ve worked on a lot of policy to advance this idea. NYSERDA last year put out an RFP to advance research and collect data on different agrivoltaics projects. New York also has a small mitigation fee that they impose on projects of a certain size that convert prime farmland, but there’s fee forgiveness if you’re going to integrate production into that solar array.
I’m thinking about the agrivoltaics project in Ohio, Grange Solar, that was canceled last week. Do we know yet the extent to which agrivoltaics is actually accepted by agricultural communities where solar on farmland is a concern?
No community is a monolith but we do have some data on this. SEIA [Solar Energy Industries Association] and the National Farmers Union teamed up on a survey we helped do outreach on and there were some really promising results from the farmers who responded to the survey. There could’ve been self selection, but it was promising.
Look, this is a newer idea. It takes time for these kinds of innovations to penetrate and for folks to accept them, especially in farm communities. But this survey showed two-thirds of farmers who responded were open to agrivoltaics production and solar developers who used to be quite risk adverse, used to being more cautious when it comes to agrivoltaics, are starting to be more open to the idea. Especially if this is the kind of thing communities are going to like more than a conventional ground-mounted array.
There are a lot of questions still to answer. The policymaking still really does matter.