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Spotlight

A Wave of Anti-Renewables Bills Hits State Legislatures

It’s not just Trump.

Texas and Oklahoma
Heatmap Illustration/Getty Images

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 to release 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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Spotlight

The Loud Fight Over Inaudible Data Center Noise

Why local governments are getting an earful about “infrasound”

Data center noise.
Heatmap Illustration/Getty Images

As the data center boom pressures counties, cities, and towns into fights over noise, the trickiest tone local officials are starting to hear complaints about is one they can’t even hear – a low-frequency rumble known as infrasound.

Infrasound is a phenomenon best described as sounds so low, they’re inaudible. These are the sorts of vibrations and pressure at the heart of earthquakes and volcanic activity. Infrasound can be anything from the waves shot out from a sonic boom or an explosion to very minute changes in air pressure around HVAC systems or refrigerators.

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Hotspots

An Anti-Battery Avalanche Outside Seattle

And more on the week’s top fights around project development.

The United States.
Heatmap Illustration/Getty Images

1. King County, Washington – The Moss Landing battery backlash is alive and well more than a year after the fiery disaster, fomenting an opposition stampede that threatens to delay a massive energy storage project two dozen miles east of Seattle.

  • Moss Landing looms large in Snoqualmie, a city in the Cascade Mountains where Jupiter Power is trying to build Cascade Ridge Resiliency Energy Storage, a 130-megawatt facility conveniently located on unincorporated county land right by a substation and transmission infrastructure.
  • To say residents nearby are upset would be an understatement. A giant number of protestors – reportedly 650 people, which is large for this community of about 14,000 – showed up to rally against the project this weekend, just as Jupiter Power submitted its application for the project to county regulators.
  • The opposition is led by Snoqualmie Valley for Responsible Energy, a grassroots organization that primarily has focused on the risk of thermal runaway from battery storage events and rhetoric about the Moss Landing fire. “The battery chemistry proposed for Cascadia Ridge has not been verified in any public filing. Recent incidents illustrate what is at stake,” state SVRE strategy materials posted to their website.
  • Jupiter Power has tried to combat this campaign with its own organizing coalition – dubbed “Keep the Lights On!” – that includes local union labor and some environmentalists, including volunteers for Sierra Club. This campaign has emphasized how modern engineering around battery storage is nothing like the set-up was at Moss Landing.
  • However, the concerned voices are winning out over those who want the storage project. On Wednesday night, this outcry led the Snoqualmie city council at a special meeting to vote to request via letter for the storage project to be relocated and communicate that dissent to both the local utility, Puget Sound Energy, and King County.
  • “We encourage consideration of alternate locations within the Puget Sound Energy transmission and distribution system to better address the concerns that have been raised,” read a draft version of the letter presented by councilors at the meeting.
  • Jupiter Power told me it “welcome[s] any feedback from the community” and King County said in a statement, “We understand the concerns.” PSE told me they had not “received official notification about the formal action by the City Council and we can't comment on something we have not received.”
  • This degree of on-the-ground frustration will be challenging for any higher-level decision maker in Washington State to ignore. I’d argue the entire storage sector should be watching closely.

2. Prince Williams County, Virginia – It was a big week for data center troubles. Let’s start with Data Center Alley, which started to show cracks this week as data center developer Compass announced it was pulling out of the controversial Digital Gateway mega-project.

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Q&A

Is the Left Making a ‘Massive Strategic Blunder’ on Data Centers?

A conversation with Holly Jean Buck, author of a buzzy story about Bernie Sanders’ proposal for a national data center moratorium.

Holly Jean Buck.
Heatmap Illustration

This week’s conversation is with Holly Jean Buck, an associate professor at the University of Buffalo and former official in the Energy Department’s Office of Fossil Energy and Carbon Management. Buck got into the thicket of the data center siting debate this past week after authoring a polemic epistemology of sorts in Jacobin arguing against a national data center ban. In the piece, she called a moratorium on AI data centers “a massive strategic blunder for the left, and we should think through the global justice implications and follow-on effects.” It argued that environmental and climate activists would be better suited not courting a left-right coalition that doesn’t seem to have shared goals in the long term.

Her article was praised by more Abundance-leaning thinkers like Matthew Yglesias and pilloried by some of the more influential people in the anti-data center organizing space, such as Ben Inskeep of Citizens Action Coalition of Indiana. So I wanted to chat with her about the discourse around her piece. She humbly obliged.

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