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Newsom signed over a dozen climate-related bills this weekend, but these stood out.
California’s governor, Gavin Newsom, signed more than a dozen climate and clean energy-related bills into law on Saturday. As the Golden State is one of the nation’s most important labs for climate policy, there were three developments in particular that I think will be interesting to keep an eye on as they progress over the next few years.
First, and probably most relevant on a national level, Newsom put his signature on two bills that will require large businesses to disclose their greenhouse gas emissions as well as any risks to their business due to climate change. I wrote about these bills a month ago when they were up for a vote in the state Assembly. They mirror similar policies under consideration by the Securities and Exchange Commission that could soon be adopted at the federal level, but go further because they apply to private companies in addition to publicly-traded firms.
The new laws were sold as a measure to help investors understand how exposed different companies are to future carbon regulations or climate change risks, but they could also go a long way to standardize the reporting of corporate emissions data. That data could help activist groups hold companies accountable for their climate promises and help consumers compare the sustainability efforts of different brands. The next step will be for the California Air Resources Board to develop rules for the new disclosure system by 2025, with reporting to begin in 2026. I’ll be following that rulemaking process closely, as it’s likely to bring up ongoing debates about how companies should account for emissions from indirect sources, like their purchased electricity and supply chains, as well as how to account for carbon offsets.
The second development is a set of laws that are designed to help California overcome major obstacles for its inchoate offshore wind industry. Almost a year ago, the federal government auctioned off the first-ever leases to develop offshore wind in the Pacific, selling five parcels in total. California sees offshore wind as an essential component of its climate goals, as it has the potential to generate power at night when the state’s abundant solar resources disappear. But because the continental shelf drops off abruptly just a few miles from the California shore, plunging thousands of feet, the turbines will have to be built on floating platforms — a much more expensive proposition than the wind projects under development on the East Coast, which are already threatened by cost overruns.
These will be big, risky, projects, and developers need certainty that there will be a buyer for the energy at the end of the road. But it would be hard for a traditional utility to make that kind of commitment at this point, Molly Croll, the director of Pacific offshore wind at the trade group American Clean Power, told Canary Media last month. “It’s new technology,” she said. “It requires some new infrastructure; it requires a contract signed much longer in advance of commercial operation than typical renewable projects require.”
Under the new legislation, California will set up a central procurement program, tasking the Department of Water Resources, which owns and operates hydroelectric power plants in the state, to enter into long-term energy purchase agreements with wind developers. This is similar to programs in place in the northeast, like the New York State Energy and Research Development Agency’s offshore wind solicitation program. Notably, the department will also have the authority to enter into similar contracts with other expensive, risky, but potentially game-changing clean electricity projects like geothermal power plants and energy storage facilities. Meanwhile, a second bill that Newsom signed will get the ball rolling for the state to develop strategies to upgrade its port infrastructure to support the new industry.
The third development is interesting mainly because it’s one of those ideas that sounds so obvious that after you hear it, you can’t believe it’s not already a thing. The new law will enable the state to make use of the tens of thousands of miles of land it owns alongside highways for clean energy development. It instructs the California Department of Transportation to develop a plan to lease the land to utilities or other entities to build solar, storage, and transmission projects.
A recent analysis commissioned by the nonprofit advocacy group Environment California found that just three counties in southern California — Los Angeles, Ventura, and San Diego — together have 4,800 acres of suitable space for roadside solar development, which, if filled with panels, could power more than 270,000 homes. The group Environment California also points out that this could be a way to generate revenue for the state through lease fees and energy sales.
Land use for solar is contentious, especially in California, and putting as much as possible in the rights-of-way alongside highways could avoid battles over the use of undeveloped or agricultural land.
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Companies are racing to finish the paperwork on their Department of Energy loans.
Of the over $13 billion in loans and loan guarantees that the Energy Department’s Loan Programs Office has made under Biden, nearly a third of that funding has been doled out in the month since the presidential election. And of the $41 billion in conditional commitments — agreements to provide a loan once the borrower satisfies certain preconditions — that proportion rises to nearly half. That includes some of the largest funding announcements in the office’s history: more than $7.5 billion to StarPlus Energy for battery manufacturing, $4.9 billion to Grain Belt Express for a transmission project, and nearly $6.6 billion to the electric vehicle company Rivian to support its new manufacturing facility in Georgia.
The acceleration represents a clear push by the outgoing Biden administration to get money out the door before President-elect Donald Trump, who has threatened to hollow out much of the Department of Energy, takes office. Still, there’s a good chance these recent conditional commitments won’t become final before the new administration takes office, as that process involves checking a series of nontrivial boxes that include performing due diligence, addressing or mitigating various project risks, and negotiating financing terms. And if the deals aren’t finalized before Trump takes office, they’re at risk of being paused or cancelled altogether, something the DOE considers unwise, to put it lightly.
“It would be irresponsible for any government to turn its back on private sector partners, states, and communities that are benefiting from lower energy costs and new economic opportunities spurred by LPO’s investments,” a spokesperson wrote to me in an email.
The once nearly dormant LPO has had a renaissance under the Biden administration and the office’s current director, Jigar Shah. The Inflation Reduction Act supercharged its lending authority to $400 billion, from just $40 billion when Biden took office. Then a week after the election, the office announced that it had recalibrated its risk estimates for the loan guarantees that it makes under the Energy Infrastructure Reinvestment program, which works to modernize and repurpose existing energy infrastructure to make it cleaner and more energy efficient. As the office explained, these projects “may reflect a relatively moderate risk profile in comparison to typical projects LPO finances with higher project risk.” When there’s less risk involved, LPO doesn’t have to set aside as much money to cover a possible default, which in this case has allowed the office to more than quadruple its funding for qualifying projects.
It’s not just that LPO staffers are working fast, though that’s part of it — it’s also that loan beneficiaries have picked up their pace in responding to the LPO. As Shah emphasized today at the LPO’s second annual Demonstrate Deploy Decarbonize conference, finalizing conditional commitments largely depends on companies getting their ducks in a row as quickly as possible. “I do think that right now borrowers are sufficiently motivated to move more quickly than they have probably a year ago,” Shah said. “It's up to the borrowers. Our process hasn’t changed. Their ability to move through it faster is in their control.”
Shah noted that though timelines may be accelerating, the office’s due diligence procedures have remained the same. Thus far, the project that has moved the fastest from a conditional commitment to a finalized loan was for a clean hydrogen and energy storage facility in Utah. That took 43 days, and there are 46 left in Biden’s presidency. Let’s see what the LPO can do.
The expanded investment tax credit rules are out.
In the waning days of the Biden administration, the Treasury Department is dotting the i’s and crossing the t’s on the tax rules that form the heart of the Inflation Reduction Act and its climate strategy. Today, Treasury has released final rules for the Section 48 Investment Tax Credit, which gives project owners (and/or their tax equity partners) 30% back on their investments in clean energy production.
The IRA-amended investment tax credit, plus its sibling production tax credit, are updates and expansion on tax policies that have been in place for decades supporting largely the solar and wind industries. To be clear, today’s announcement does not contain the final rules for the so-called “technology-neutral” clean electricity tax credits established under the IRA, which will supercede the existing investment and production tax credits beginning next year and for which all non-carbon emitting sources of energy can qualify.
But projects that begin construction this year can still qualify for and claim the legacy credits, which were expanded by the Inflation Reduction Act to include things like standalone energy storage. Projects that go into service this year would only be eligible for the legacy credits, while a project that begins construction this year and goes into service next year or later could choose between the legacy credits or the tech neutral credits, but not both.
The proposed rules, released in November of last year, set off a flurry of campaigning and lobbying by the industry, seeking adjustments to their favor. The final regulations largely hew to the earlier release, although they do include clarifications on what precise aspects of an energy system qualify for the credits. Under the final rules, for instance the “upgrading equipment” necessary for “cleaning and conditioning” biogas — i.e. removing other gases to make it a pure gas stream — can qualify for the credit.
Going into the end of the year, the major items left on the Treasury Department’s agenda were the tech neutral tax credits, rules for the advanced manufacturing tax credit, and rules for credits related to the production of clean hydrogen; advanced manufacturing tax credit rules came out in late October. While the Biden Treasury is doing its best to get rules out the door before Donald Trump’s inauguration, the fate of all clean energy tax credits is up in the air as Republicans prepare take power in Washington and start carving up the IRA, whether by “sledgehammer” or by “scalpel.”
Re-meet the once and future director of the Office of Management and Budget, Russell Vought.
President-elect Donald Trump spent the Friday evening before Thanksgiving filling out nearly the rest of his Cabinet. He plans for his Treasury secretary to be a hedge fund manager who’s called the Inflation Reduction Act “the Doomsday machine for the deficit”; he’s named a vaccine safety skeptic to lead the Centers for Disease Control and Prevention; and his pick to head the Department of Labor is a Republican congresswoman who may want to ease the enforcement of child labor rules if confirmed.
And — in one of the most consequential moves yet for America’s standing in the fight to mitigate climate change — Trump also named Russ Vought to lead the Office of Management and Budget. The decision comes as no surprise — Vought served as deputy director of the OMB under Trump in 2018 and took over the top job in 2019, serving until the end of Trump’s first presidency. The strategic communications group Climate Power had been sounding the alarm on his potential return to the office since this spring, which included sharing their research on him with me.
Unlike many Trump administration nominees, who tend to be loyalists with limited experience in the offices they’re appointed to oversee, Vought is noteworthy for having thought long and hard about how to “purge federal agencies of nonpartisan experts” and replace them with “partisan loyalists who would willingly follow any order without question, regardless of whether it was legal, constitutional, or the right thing to do for the people,” Joe Spielberger, the policy counsel at the Project on Government Oversight, an independent and nonpartisan watchdog group, told me when I covered Vought’s agenda earlier this year.
Vought plans to do so mainly by reinstating Schedule F, a job classification that would designate at least 50,000 career civil servants as “at-will” political employees, including climate scientists National Oceanic and Atmospheric Administration and others who sit on committees like the Clean Air Scientific Advisory. In Vought’s words in his chapter of Project 2025, “the Biden Administration’s climate fanaticism will need a whole-of-government unwinding.” (In a recent conversation with Tucker Carlson, the pair speculated about being able to “fire them all.”) Vought already tried this once, at the end of Trump’s first term, and Biden swiftly reversed it upon taking office.
Beyond gutting America’s scientific corps, possibly for generations, if confirmed, Vought will immediately make his presence in the Trump administration felt, having spent the past few years secretly drafting “hundreds of executive orders, regulations, and memos that would lay the groundwork for rapid action on Trump’s plans,” according to reporting by CNN and based on undercover video released by the Centre for Climate Reporting, which recorded a candid conversation with former OMB director about his plans under false pretenses. “Eighty percent of my time is working on the plans of what’s necessary to take control of these bureaucracies,” Vought told his interviewers. “And we are working doggedly on that,” including by “destroying their agencies’ notion of independence.”
Though Trump (and his campaign) tried to deflect the influence of the Heritage Foundation’s Project 2025 roadmap for his presidency, insisting he is an independent thinker not beholden to anyone, the president-elect’s appointment of Vought and other Project 2025 authors such as Brendan Carr, Tom Homan, and John Ratcliffe to powerful posts in his administration renders those denials specious, to say the least. More crucially, it suggests a certain intellectual deferral to Vought, enthroning him as one of the key architects of Trumpism 2.0. Through his Christian nationalist group, Center for Renewing America, Vought has spread his framework for solidifying executive power (and eliminating its checks and obstacles) throughout Washington’s right-wing intellectual circles, giving him a powerful base of support.
All this from the OMB, though — one of the, let’s face it, more boring offices of government? As Vought knows, however: If you control the budget, then you do everything.