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Inside season 2, episode 8 of Shift Key.

In just over a month, America will elect hundreds of thousands of people to state, county, and municipal offices. While those elections might lack the splashiness of the race for the White House or Congress, they could shape how and whether the United States fights climate change. So which elections matter most?
On this week’s episode of Shift Key, Jesse and Rob speak with Caroline Spears, the executive director of Climate Cabinet, a group that tries to do ‘Moneyball for climate policy,’ analyzing the races that could matter most for the country’s decarbonization. A winner of the Grist 50 award, Spears formerly worked in the solar industry and now leads the growing organization. We dive into which offices have the most sway role over adaptation and mitigation and which races deserve your attention in 2024. Shift Key is hosted by Robinson Meyer, the founding executive editor of Heatmap, and Jesse Jenkins, a professor of energy systems engineering at Princeton University.
Subscribe to “Shift Key” and find this episode on Apple Podcasts, Spotify, Amazon, 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:
Caroline Spears: One of the races that is critically important for climate this year is elected utility commissions. They’re not elected in every state, but in about 10 states across the country, voters show up to their ballot box, and they elect the electricity regulatory body for their state.
Should that be an elected position? Listen, it’s not for me to decide. Democracy has decided that electricity regulatory bodies are elected in many states, so here we are. In a bunch of other states, they’re appointed and then confirmed by the state legislature. So there’s this interesting mix of when democracy shows up in these races, in these offices. There are a few public utility commission districts up this November. I really want to highlight the ones happening in Arizona and Montana this year — we’re really watching those, we’re excited to see where those go.
In both cases, climate champions are one and four or zero and five in those states, which means — literally, we are so far from a climate majority in either of those states. And this has real world impacts. So, for example, let’s talk about Montana really quick. That solar company that I used to work for: The Montana Public Service Commission unfairly changed the avoided cost rate, the rate at which we would get compensated, when solar started entering the market. And there’s this hot mic moment where an elected Montana Public Service Commissioner says, “Well, this will kill solar in the state,” and then voted for it. So that’s the power that these public service commissions have, and they’re up for election. They’re up for election this November. So they’re really important.
In Arizona, we’re supporting all three climate champions running. The one person I really want to highlight today is Ylenia Aguilar. She served on the water commission in Arizona, so she has a great knowledge of that intersection between climate and water issues in the state, and just last month she made national news for her work trying to cool down classrooms in Arizona from heating. So she’s someone who can bring together climate, knowledge of what it takes to be on an electricity regulatory commission, and the personal impact of how it actually shows up in people’s lives. So this is the exact type of person you want running for the seat. I’m really excited about those races, but those will be tough.
Jesse Jenkins: And I’ll just add, so these commissions are often in charge of effectively approving the investments and plans of the regulated utilities in the state. In some states, those are only network utilities. So they’re the ones investing in transmission and distribution lines, deciding how to make sure those are resilient to climate damages as we’re seeing from wildfires and floods and hurricanes and everything else.
In other states, like Arizona and Montana, they also oversee utilities that control power generation, as well. So should they be investing in new natural gas plants? Or should they be investing in batteries and solar? For example. Those kinds of decisions go before the utility commission for approval or disapproval before the utilities can earn returns on the investments they make in those areas — or make investments. And as you mentioned, they also set rates both for retail customers — so, you know, what’s the net metering policy? How are we incentivizing flexible EV charging? — and then the rates for, in some cases, avoided costs for larger-scale generators that are connecting to the grid in partial competition frameworks. Lots and lots of other rules.
They’ll be the ones in charge of implementing, usually, clean electricity standards — and in some states, like Arizona, they even have the authority to establish one themselves. So really, really influential bodies.
This episode of Shift Key is sponsored by …
Watershed’s climate data engine helps companies measure and reduce their emissions, turning the data they already have into an audit-ready carbon footprint backed by the latest climate science. Get the sustainability data you need in weeks, not months. Learn more at watershed.com.
As a global leader in PV and ESS solutions, Sungrow invests heavily in research and development, constantly pushing the boundaries of solar and battery inverter technology. Discover why Sungrow is the essential component of the clean energy transition by visiting sungrowpower.com.
Intersolar & Energy Storage North America is the premier U.S.-based conference and trade show focused on solar, energy storage, and EV charging infrastructure. To learn more, visit intersolar.us.
Music for Shift Key is by Adam Kromelow.
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Much of California’s biggest county is now off limits to energy storage.
Residents of a tiny unincorporated community outside of Los Angeles have trounced a giant battery project in court — and in the process seem to have blocked energy storage projects in more than half of L.A. County, the biggest county in California.
A band of frustrated homeowners and businesses have for years aggressively fought a Hecate battery storage project proposed in Acton, California, a rural unincorporated community of about 7,000 residents, miles east of the L.A. metro area. As I wrote in my first feature for The Fight over a year ago, this effort was largely motivated by concerns about Acton as a high wildfire risk area. Residents worried that in the event of a large fire, a major battery installation would make an already difficult emergency response situation more dangerous. Acton leaders expressly opposed the project in deliberations before L.A. County planning officials, arguing that BESS facilities in general were not allowed under the existing zoning code in unincorporated areas.
On the other side, county officials maintained that the code was silent on battery storage as such, but said that in their view, these projects were comparable to distribution infrastructure from a land use perspective, and therefore would be allowable under the code.
Last week, the residents of Acton won, getting the courts to toss out the county’s 2021 memorandum allowing battery storage facilities in unincorporated areas – which make up more than 65% of L.A. County.
Judge Curtis Kin wrote in his October 14 ruling that “such expansive use of the interpretation runs contrary to the Zoning Code itself,” and that the “exclusion” of permission for battery storage in the code means it isn’t allowed, plain and simple.
“Consequently, respondents and real parties’ reliance on the existence of other interpretive memos and guidance by the [Planning] Director is beside the point,” Kin stated. “There is no dispute the Director has the authority to issue memos and interpretations for Zoning code provisions subject to interpretation, but, as discussed above, such authority cannot be used in such a way as to violate the provisions of the Zoning Code.”
The court also declared the Hecate project approval void and ordered the company to seek permits under the California Environmental Quality Act if it still wants to build. This will halt the project’s development for the foreseeable future. Alene Taber, the attorney representing Acton residents, told me she has received no indication from Hecate’s legal team about whether they will appeal the ruling.
Hecate declined to comment on the outcome.
Taber’s perspective is unique as a self-described “rural rights” attorney who largely represents unincorporated communities with various legal disputes. She told me this ruling demonstrates a serious risk regulators face in moving too fast for a host community, especially given rising opposition to battery storage in California. Since the Moss Landing fire, opposition to storage projects has escalated rapidly across the state – despite profound tech differences between more modern designs proposed today and the antiquated system that burned up in that incident.
I asked Taber if she thought California enacting a new law last week to beef up battery fire safety oversight could stem the tide of concerns about battery storage. In response, she railed against a separate statute giving energy companies – including battery developers – the ability to work around town ordinances and moratoria targeting their industry.
“Even though the county didn’t consider the community input — which it should’ve — the county process at least still allowed for communities to appeal the project. And they’re also at least supposed to consider what the local zoning code said,” Taber told me. “Local communities are now sidelined all together. They’re saying they don’t care what the concerns are. Where’s the consideration for how these projects are now being sited in high fire zones?”
I was unable to reach Los Angeles County officials before press time for The Fight, but it’s worth noting that, amid the battle over Hecate’s approval, L.A. County planning officials began preparing to update their renewable energy ordinance to include battery storage development regulation – an indication they may need new methods to site and build more battery storage. There’s no timeline for when those changes will take place.
And more of the week’s top news about renewable energy conflicts.
1. Benton County, Washington – A state permitting board has overridden Governor Bob Ferguson to limit the size of what would’ve been Washington’s largest wind project over concerns about hawks.
2. Adams County, Colorado – This is a new one: Solar project opponents here are making calls to residents impersonating the developer to collect payments.
3. Lander County, Nevada – Trump’s move to kill the Esmeralda 7 solar mega-project has prompted incredible backlash in Congress, as almost all of Nevada’s congressional delegation claims that not a single renewables project in the U.S. has gotten a federal permit since July.
A conversation with David Gahl of SI2
This week I spoke with David Gahl, executive director of the Solar and Storage Industries Institute, or SI2, which is the Solar Energy Industries Association’s independent industry research arm. Usually I’d chat with Gahl about the many different studies and social science efforts they undertake to try and better understand siting conflicts in the U.S.. But SI2 reached out first this time, hoping to talk about how all of that work could be undermined by the Trump administration’s grant funding cuts tied to the government shutdown. (The Energy Department did not immediately get back to me with a request for comment for this story, citing the shutdown.)
The following conversation was edited lightly for clarity.
So what SI2 funding could be cut because of the federal shutdown, and what has it been put toward?
On October 1, the Energy Department put out a list of about $7.5 billion in grants they were terminating. Approximately a week later, another larger list of grants that were slated for termination found its way into the press. There’s an outstanding question about what this other list floating around means, and only DOE can verify the document’s accuracy, but we have two projects that were on that bigger list.
The first was $2.5 million supporting research into how power companies engage communities. We were coming up with a list of community engagement innovations — the idea was to actually test, through rigorous social science research at project sites, which of these innovations produces the best outcomes. We were going to have empirical data that said, If you approach communities in this way you’re more likely to get support, and if you approach communities this other way you wouldn’t.
The second was $3 million to bring diverse stakeholders together to talk about siting and permitting reform, best practices, guidance to make development smoother. The concept there was to bring traditionally warring parties to come up with a framework and tools to help the siting process. If you can get people together to come up with best practices, you can typically move things faster.
This was an “uncommon dialogue” – there was “uncommon dialogue” before on hydropower resources – and this was related to large-scale solar facilities and conservation. It’s not location-specific, more bringing the groups together to talk about a higher level set of issues, not specific projects. Keep in mind, this is relatively small potatoes.
What was the status of that work?
It started earlier in the year and it’s been rolling along. There’s been a lot of progress made so far. People have developed work plans and are working through the issues.
If the funding is canceled, there’s also opportunity for private money to potentially step in, but it puts both initiatives in a precarious place. But to the broader point, the administration has talked about how it wants energy “abundance” and more electrons on the grid to meet growing demand. And these projects funded by the department are addressing key problems to putting electrons onto the grid. Cancellation of these grants is just a complete reversal of what they’re talking about in other forums.
How so? Help me understand how this work actually trickles down to individual project decisions.
One of the challenges with siting any kind of large-scale energy project is getting community buy-in and ensuring the permitting process moves smoothly, that parties aren’t going to be litigating against each other. So if you can come up with ways to make sure the communities feel heard and are designed according to what communities want, you can probably avoid some litigation down the road.
Do you have any indication this government supports the work you’re describing?
What they’ve made clear is they want more electrons to come onto the grid to support data centers and the advancement of artificial intelligence. Canceling grants like these … I mean, we’re talking about potentially canceling projects that make it harder to meet the goal of putting more electricity onto the grid.