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It’s not just Trump.
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.
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From Kansas to Brooklyn, the fire is turning battery skeptics into outright opponents.
The symbol of the American battery backlash can be found in the tiny town of Halstead, Kansas.
Angry residents protesting a large storage project proposed by Boston developer Concurrent LLC have begun brandishing flashy yard signs picturing the Moss Landing battery plant blaze, all while freaking out local officials with their intensity. The modern storage project bears little if any resemblance to the Moss Landing facility, which uses older technology,, but that hasn’t calmed down anxious locals or stopped news stations from replaying footage of the blaze in their coverage of the conflict.
The city of Halstead, under pressure from these locals, is now developing a battery storage zoning ordinance – and explicitly saying this will not mean a project “has been formally approved or can be built in the city.” The backlash is now so intense that Halstead’s mayor Dennis Travis has taken to fighting back against criticism on Facebook, writing in a series of posts about individuals in his community “trying to rule by MOB mentality, pushing out false information and intimidating” volunteers working for the city. “I’m exercising MY First Amendment Right and well, if you don’t like it you can kiss my grits,” he wrote. Other posts shared information on the financial benefits of building battery storage and facts to dispel worries about battery fires. “You might want to close your eyes and wish this technology away but that is not going to happen,” another post declared. “Isn’t it better to be able to regulate it in our community?”
What’s happening in Halstead is a sign of a slow-spreading public relations wildfire that’s nudging communities that were already skeptical of battery storage over the edge into outright opposition. We’re not seeing any evidence that communities are transforming from supportive to hostile – but we are seeing new areas that were predisposed to dislike battery storage grow more aggressive and aghast at the idea of new projects.
Heatmap Pro data actually tells the story quite neatly: Halstead is located in Harvey County, a high risk area for developers that already has a restrictive ordinance banning all large-scale solar and wind development. There’s nothing about battery storage on the books yet, but our own opinion poll modeling shows that individuals in this county are more likely to oppose battery storage than renewable energy.
We’re seeing this phenomenon play out elsewhere as well. Take Fannin County, Texas, where residents have begun brandishing the example of Moss Landing to rail against an Engie battery storage project, and our modeling similarly shows an intense hostility to battery projects. The same can be said about Brooklyn, New York, where anti-battery concerns are far higher in our polling forecasts – and opposition to battery storage on the ground is gaining steam.
And more on the week’s conflicts around renewable energy.
1. Carbon County, Wyoming – I have learned that the Bureau of Land Management is close to approving the environmental review for a transmission line that would connect to BluEarth Renewables’ Lucky Star wind project.
2. Nantucket County, Massachusetts – Anti-offshore wind advocates are pushing the Trump administration to rescind air permits issued to Avangrid for New England Wind 1 and 2, the same approval that was ripped away from Atlantic Shores offshore wind farm last Friday.
3. Campbell County, Virginia – The HEP Solar utility-scale project in rural Virginia is being accused of creating a damaging amount of runoff, turning a nearby lake into a “mud pit.” (To see the story making the rounds on anti-renewables social media, watch this TV news segment.)
4. Marrow County, Ohio – A solar farm in Ohio got approvals for once! Congratulations to ESA Solar on this rare 23-acre conquest.
5. Madison County, Indiana – The Indiana Supreme Court has rejected an effort by Invenergy to void a restrictive county ordinance.
6. Davidson County, North Carolina – A fraught conflict is playing out over a Cypress Creek Renewables solar project in the town of Denton, which passed a solar moratorium that contradicts approval for the project issued by county officials in 2022.
7. Knox County, Nebraska – A federal judge has dismissed key aspects of a legal challenge North Fork Wind, a subsidiary of National Grid Renewables, filed against the county for enacting a restrictive wind ordinance that hinders development of their project.
8. Livingston Parish, Louisiana – This parish is extending a moratorium on new solar farm approvals for at least another year, claiming such action is necessary to comply with a request from the state.
9. Jefferson County, Texas – The city council in the heavily industrial city of Port Arthur, Texas, has approved a lease for constructing wind turbines in a lake.
10. Linn County, Oregon – What is supposed to be this county’s first large-scale solar farm is starting to face pushback over impacts to a wetlands area.Today’s sit-down is with Nikhil Kumar, a program director at GridLab and an expert in battery storage safety and regulation. Kumar’s folks reached out to me after learning I was writing about Moss Landing and wanted to give his honest and open perspective on how the disaster is impacting the future of storage development in the U.S. Let’s dive in!
The following is an abridged and edited version of our conversation.
So okay – walk me through your perspective on what happened with Moss Landing.
When this incident occurred, I’d already been to Moss Landing plenty of times. It caught me by surprise in the sense that it had reoccurred – the site had issues in the past.
A bit of context about my background – I joined GridLab relatively recently, but before that I spent 20 years in this industry, often working on the integrity and quality assurance of energy assets, anything from a natural gas power plant to nuclear to battery to a solar plant. I’m very familiar with safety regulation and standards for the energy industry, writ large.
Help me understand how things have improved since Moss Landing. Why is this facility considered by some to be an exception to the rule?
It’s definitely an outlier. Batteries are very modular by nature, you don’t need a lot of overall facility to put battery storage on the ground. From a construction standpoint, a wind or solar farm or even a gas plant is more complex to put together. But battery storage, that simplicity is a good thing.
That’s not the case with Moss Landing. If you look at the overall design of these sites, having battery packs in a building with a big hall is rare.
Pretty much every battery that’s been installed in the last two or three years, industry has already known about this [risk]. When the first [battery] fire occurred, they basically containerized everything – you want to containerize everything so you don’t have these thermal runaway events, where the entire battery batch catches fire. If you look at the record, in the last two or three years, I do not believe a single such design was implemented by anybody. People have learned from that experience already.
Are we seeing industry have to reckon with this anyway? I can’t help but wonder if you’ve witnessed these community fears. It does seem like when a fire happens, it creates problems for developers in other parts of the country. Are developers reckoning with a conflation from this event itself?
I think so. Developers that we’ve talked to are very well aware of reputational risk. They do not want people to have general concern with this technology because, if you look at how much battery is waiting to be connected to the grid, that’s pretty much it. There’s 12 times more capacity of batteries waiting to be connected to the grid than gas. That’s 12X.
We should wait for the city and I would really expect [Vistra] to release the root cause investigation of this fire. Experts have raised a number of these potential root causes. But we don’t know – was it the fire suppression system that failed? Was it something with the batteries?
We don’t know. I would hope that the details come out in a transparent way, so industry can make those changes, in terms of designs.
Is there anything in terms of national regulation governing this sector’s performance standards and safety standards, and do you think something like that should exist?
It should exist and it is happening. The NFPA [National Fire Prevention Association] is putting stuff out there. There might be some leaders in the way California’s introduced some new regulation to make sure there’s better documentation, safety preparedness.
There should be better regulation. There should be better rules. I don’t think developers are even against that.
OK, so NFPA. But what about the Trump administration? Should they get involved here?
I don’t think so. The OSHA standards apply to people who work on site — the regulatory frameworks are already there. I don’t think they need some special safety standard that’s new that applies to all these sites. The ingredients are already there.
It’s like coal power plants. There’s regulation on greenhouse gas emissions, but not all aspects of coal plants. I’m not sure if the Trump administration needs to get involved.
It sounds like you're saying the existing regulations are suitable in your view and what’s needed is for states and industry to step up?
I would think so. Just to give you an example, from an interconnection standpoint, there’s IEEE standards. From the battery level, there are UL standards. From the battery management system that also manages a lot of the ins and outs of how the battery operates —- a lot of those already have standards. To get insurance on a large battery site, they have to meet a lot of these guidelines already — nobody would insure a site otherwise. There’s a lot of financial risk. You don’t want batteries exploding because you didn’t meet any of these hundreds of guidelines that already exist and in many cases standards that exist.
So, I don’t know if something at the federal level changes anything.
My last question is, if you were giving advice to a developer, what would you say to them about making communities best aware of these tech advancements?
Before that, I am really hoping Vistra and all the agencies involved [with Moss Landing] have a transparent and accountable process of revealing what actually happened at this site. I think that’s really important.