Buckle up, folks: this federal climate bill is going to supercharge Virginia’s energy transition

Young woman holding sign that says Climate Action Now
Photo by Alex Kambis.

On Sunday the U.S. Senate passed the historic climate legislation package hammered out between Senate Majority Leader Chuck Schumer and West Virginia Senator Joe Manchin. The House is expected to follow suit this week, giving President Joe Biden a huge win on one of his administration’s priorities and finally making good on his pledge to tackle climate change.

The bill is titled the Inflation Reduction Act (IRA), apparently because the senators think inflation is the only thing most Americans care about right now. But whether it reduces inflation is beside the point. The IRA marks the federal government’s most significant investment in clean energy and transportation ever. Its $370 billion of climate spending will cut U.S. emissions roughly 42% below 2005 levels by 2030, only slightly less than the reductions that would have been achieved through Biden’s signature Build Back Better bill.

This is a huge piece of legislation, though, and some of the compromises Schumer was forced to make are not climate-friendly. Manchin, after all, is a coal baron representing a state so dominated by the extraction industries that it has lost sight of any other future. Climate hawks have to hold their noses (beaks?) to accept some noxious provisions, such as the bill’s requirement for new offshore drilling lease sales. No doubt that one will cheer motorists who wrongly assume the government could lower gasoline prices just by turning on a spigot, if only it wanted to.

The bill also comes with a side deal meant to ensure completion of the Mountain Valley Pipeline, which starts in Manchin’s home state. That news promptly soured many activists in Virginia on the whole package.

Hang in there, people. The pipeline deal isn’t actually part of the IRA, and Manchin knows better than anyone that a promise of some second bill to be voted on in the future is a castle in the air. Maybe he’ll get it, maybe he won’t. Meanwhile, the IRA’s incentives for renewable energy, energy storage, energy efficiency, building electrification and electric vehicles are overwhelmingly more impactful than provisions designed to increase oil and gas production. The business case for new pipelines will only get worse.

Three recurring themes stand out in the IRA. One is the attention paid to ensuring benefits flow to low- and moderate-income residents and communities impacted by fossil fuel extraction. A second is the effort to incentivize manufacturing and supply chain companies to bring operations back to the U.S., using tax credits for manufacturing and requirements for U.S.-made components. The third is job creation and training for career jobs that pay well. The combined effect is that the law will benefit former coal workers in Southwest Virginia looking for employment at least as much as Northern Virginia suburbanites jonesing for Teslas.

Every state will see clean energy investments soar if the bill becomes law, but Virginia is especially well positioned. Though we have embarrassingly little wind and solar in our energy mix today, we have huge potential for both, a strong tech sector and a well-educated workforce.

Just as important, laws passed by the General Assembly in the past few years already provide the framework for our energy transition. Among them, the Virginia Clean Economy Act and participation in the Regional Greenhouse Gas Initiative are pushing our utilities to decarbonize, including through investments in energy efficiency, solar and offshore wind. Solar Freedom removed barriers to private investments in distributed solar, while the Grid Modernization Act authorized upgrades to the distribution grid, and the Clean Cars Act started us down the road to vehicle electrification. For all of these, the IRA’s incentives make compliance easier and less expensive for both utilities and customers.

Renewable energy tax credits with an emphasis on equity and jobs

Photo courtesy of NREL

The IRA is a big bill with a lot of fine print detailing incentives for a wide range of technologies, mostly clean but with a few clunkers. (Hydrogen made from fracked gas, anyone?) Still, the largest share of the renewable energy tax credits will go to companies involved in the wind and solar industries. The credits will remain fixed for 10 years before ramping down, finally providing the business certainty and long planning window that clean tech companies have been begging for.

The more utilities take advantage of the law to install renewable energy, the greater the benefit to electricity customers. Renewable energy helps stabilize electricity costs, dampening the impact of high fossil fuel prices. The IRA’s tax credits will lower the cost of building wind and solar, saving money for Virginia customers as our utilities meet and exceed the VCEA’s targets for solar, storage and wind. (So, yes, the Inflation Reduction Act will live up to its name when it comes to electricity prices.)

For utility-scale projects like solar farms and offshore wind, obtaining the maximum tax credit requires that a steadily increasing percentage of the equipment used be American made. Credits available to manufacturers are intended to draw the supply chain back to the U.S. and will help those parts be cost-competitive. New prevailing wage and apprenticeship program requirements favor union labor and middle-class incomes for careers in green energy.

While large renewable energy facilities will contribute most to decarbonizing the grid, the most generous incentives in the IRA are reserved for distributed generation facilities under 1,000 kilowatts AC (1,300 kW DC), a category that includes most rooftop solar. For these projects, the investment tax credit will return to 30% for the next 10 years, with adders available if the facility is located on a brownfield or in an “energy community” (10%), uses domestic content (10%) or serves low-income residents (10-20%). The credits can be combined, making it entirely possible for a solar project on low-income housing in Virginia’s coalfields, built using American-made equipment, to qualify for tax credits of up to 70% of the cost.

Not only that, but taxpayers will be allowed to sell the credits, so people with no tax liability can still take advantage of the discounts. This feature will make solar affordable for homeowners who don’t owe enough in federal taxes to use the tax credits themselves. It will also make it possible for installers to discount the upfront cost of a solar array by the amount of the tax credit so customers don’t have to wait months for a tax refund.

A final feature is that the tax credits will now also be available as direct payments to tax-exempt entities like local governments, schools and churches. Direct pay will have the biggest impact in states that don’t allow third-party power purchase agreements (PPAs), but it’s a great option anywhere.

The “adder” for brownfields will be of interest to many Virginia localities that want to find ways to safely use closed landfills and old industrial sites, while Virginia’s government has already identified brownfields as a great opportunity for solar.

But the biggest market opportunities would seem to be for solar on low-income housing and in areas impacted by fossil fuel extraction. Carrie Hearne, associate director for renewable energy and energy efficiency at Virginia’s Department of Energy, said the many federal funding programs laid out in the IRA “would provide great opportunities for energy infrastructure investments in communities that are most in need, and in turn, help to lower energy bills. These federal funds could also contribute to the commonwealth’s goal of competitive rates, reliable and responsible delivery of energy alongside rural economic development.”

To understand how the solar industry sees these opportunities, I called the leaders of three solar companies that develop onsite solar in low-income areas and in the coalfields: Dan Conant of West Virginia-based Solar Holler, Tony Smith of Staunton-based Secure Futures and Ruth Amundsen of Norfolk Solar. Not surprisingly, they all predicted stunning growth in both distributed solar and jobs as a result of the IRA.

Solar has made fewer inroads in Southwest Virginia than in other parts of the state, which Conant sees as an opportunity. One of the few unionized solar companies in the area, and the only one I know of focused exclusively on Appalachia, Solar Holler has been expanding into Southwest Virginia and hiring workers at a steady clip. (Disclosure: I own a tiny stake in Solar Holler.)

The company already uses American-made components, so Conant said coalfields residents will be able to take advantage of two of the adders to install solar on their homes and businesses at half price, with low-income residents paying even less. The IRA’s manufacturing tax credits for American solar companies will further reduce the cost of the projects.

Conant was especially excited about the IRA’s impact on jobs in Appalachia. He expects to ramp up hiring significantly once the IRA becomes law. It took no prodding from me for him to add, “I truly believe this bill will let us get to 100% clean energy in 15 years.”

Secure Futures also has projects underway in Southwest Virginia as well as elsewhere across the state. The company uses third-party PPAs to allow tax-exempt customers like schools and nonprofits to go solar with no money down, paying just for the electricity produced by the panels. Although the IRA allows these customers to get the tax benefits without a PPA, Secure Futures president Tony Smith said tax-exempt entities will still do better using PPAs to take advantage of accelerated depreciation.

Smith said the IRA will make an already strong solar market in Virginia even stronger, as the higher tax credits will push down prices and the transferability of the credits will make it easier to attract more investors to solar. At the same time, a provision of the VCEA requiring Dominion Energy Virginia to acquire renewable energy certificates (RECs) from distributed generation facilities has created a strong market for these certificates, helping to finance projects and making solar even more affordable for institutional customers that sell their solar RECs.

On the other side of the commonwealth, Norfolk Solar also installs solar in low-income communities, offering PPAs to both commercial customers and low-income residents in economically distressed areas that qualify for special tax treatment as Qualified Opportunity Zones. (Under Virginia law, residential PPAs are available only to low-income customers.) Amundsen pointed out that the 10-year time horizon of the tax credits is an added benefit of the IRA to both her customers and potential investors because it allows for long-range planning and multi-year projects.

Energy storage will stand on its own

The VCEA established one of the most ambitious goals for energy storage development in the nation. But current federal law offers tax credits for energy storage only when it is part of a renewable energy project. The limitation has led to the proliferation of solar-plus-batteries projects around the country. It’s an ideal combination because it allows solar energy to be used when it is needed, unshackled from the time of day that it’s produced.

But uncoupling storage from renewable energy projects is a more efficient way to manage the grid, said Steve Donches, a Loudoun County attorney who represents battery storage companies and recently served on the Virginia Energy Storage Task Force.

“In many instances, the best location for storage supporting the grid is not where the renewables are located but rather near grid chokepoints or inside load pockets,” he said. “Moreover, site selection flexibility can often be important from a zoning permitting perspective. The new approach allows developers to be more nimble and locate where it is most useful and cost efficient.”

Recognizing this, the IRA provides a tax credit of up to 30% for energy storage whether or not it is part of a renewable energy facility.

This will make grid storage less expensive and easier for our utilities to install, and it will also benefit customers who want to put batteries in their buildings for back-up power. Amundsen noted that her customers sometimes can’t afford to include a battery at the time they install solar; the IRA will let them take the tax credit for storage even if they buy the battery later. This is especially important, she said, for resilience in low-income neighborhoods, where adding a battery to a solar-powered church or community center allows it to “island” during a power outage and provide a refuge for neighbors.

Homeowners will see huge benefits from building electrification

A cleaner electricity grid makes it possible to decarbonize other sectors of the economy by substituting electricity for fossil fuels in transportation and buildings; hence the climate advocates’ mantra “Electrify everything.” Yet while new electric appliances have become more energy efficient and attractive to consumers than the ones they replace, the switch comes with a price tag.

Under the new law, price will no longer be a barrier. The IRA offers rebates to residents to upgrade their homes with new electric technology such as heat pumps for heating and cooling (up to $8,000), electric induction stoves ($840), heat pump water heaters ($1,750) and upgrades to home electrical systems to support all the new load ($4,000). The rebates phase out for higher-income earners. Lower-income families replacing old and inefficient appliances will see the greatest energy savings as well as the highest rebates.

The federal rebates are a fantastic complement to existing Virginia programs for low-income energy efficiency upgrades. A major attraction of Virginia’s participation in the Regional Greenhouse Gas Initiative is the hundreds of millions of dollars it raises for low-income efficiency programs such as those devoted to upgrading multifamily housing like apartment buildings. Coordinating the state programs with the new federal rebates should be an urgent priority to ensure the broadest possible benefits to low-income Virginians.

Meanwhile, gas utilities had better start planning for the end of their business. There is no longer any reason to expand and upgrade gas distribution pipelines, because from here on in their customer base will be shrinking, not growing, resulting in stranded assets.

Electric vehicles aren’t just for the rich any more

Santeri Viinamäki, CC BY-SA 4.0 , via Wikimedia Commons

The IRA provides a $7,500 EV tax credit for new vehicles, including those made by manufacturers like Tesla and Toyota that had reached volume caps in previous law. Restrictions apply, including income limits, vehicle price caps and supply chain sourcing rules. The act also now adds a credit of up to $4,000 for used vehicles, making ownership possible for more people at all income levels.

Virginia is committed to vehicle electrification through its adoption of clean cars legislation in 2021 and a 2022 law requiring state agencies to buy electric light-duty vehicles whenever the total cost of ownership is less than it would be for a vehicle with an internal combustion engines. But further speeding up the transition to EVs will create ripple effects requiring careful planning. Electricity demand will increase and do so unevenly, requiring load management programs and upgrades to parts of the distribution grid.

https://www.virginiamercury.com/2021/05/05/data-centers-and-electric-vehicles-will-drive-up-virginia-electricity-demand-uva-forecaster-predicts/embed/#?secret=EvWicAM2Bx

Charging all these vehicles will also be an issue. Many would-be EV customers lack the ability to charge at home, either because they don’t own the space where they park or because their homes aren’t wired for easy installation of a charger. The problem is especially acute for people who rent apartments in buildings that lack charging stations.

No matter how generous the credits, people won’t buy EVs if they can’t charge them. Virginia must require multifamily buildings to include enough charging stations for all the residents who want them, ensure public charging stations are plentiful and convenient in low-income neighborhoods and improve its residential housing code to ensure new homes are wired to facilitate installation of chargers.

For best results, lean in

Photo credit iid.com

Virginia law requires each new governor to produce an energy plan in October of the first year in office, so Virginia’s Department of Energy is currently in the process of writing a plan that will have Gov. Glenn Youngkin’s stamp on it. The plan must be one that “identifies actions over a 10-year period consistent with the goal of the Commonwealth Clean Energy Policy set forth in § 45.2-1706.1 to achieve, no later than 2045, a net-zero carbon energy economy for all sectors, including the electricity, transportation, building, agricultural, and industrial sectors.”

Governor Youngkin hasn’t shown much enthusiasm for Virginia’s energy transition to date, having tried to gut the VCEA and repeal RGGI. Yet with the IRA making so many incentives available for clean energy and electric vehicles, leaning in to the energy transition now will allow the commonwealth to reap huge rewards in the form of economic development, job growth, cleaner air and lower energy bills.

The opportunities for Virginia are enormous; the governor should make the most of them.

This article originally ran in the Virginia Mercury on August 9, 2022.

Dear readers: Many of you know that although I write independently of any organization, I also volunteer for the Sierra Club and serve on its legislative committee. The Sierra Club’s Virginia Chapter urgently needs funds to support its legislative and political work towards a clean energy transition. So this summer I’m passing the hat and asking you to make a donation to our “Ten Wild Weekends” fundraising campaign. Thanks!

What new Virginia laws reveal about how the natural gas industry sees its future 

Natural gas is having a moment. The war in Ukraine spotlighted Europe’s heavy reliance on Russian gas and the challenge of replacing it with new supplies from elsewhere. Suddenly the Biden administration, after talking so much about the need to get off fossil fuels, wants to expand oil and gas production and boost exports of liquified natural gas. 

The president still intends to address the climate crisis, just not right now. The sudden shift brings to mind St. Augustine’s prayer: “Lord, make me virtuous, but not yet!”

Don’t be fooled, though. In fact, natural gas is facing an existential crisis. Back when it was cheap, it wasn’t profitable; now that prices are high, U.S. consumers have better alternatives. Europeans will want to import our expensive LNG only until they have other options. Today’s tight supplies obscure the big-picture reality that the gas industry is in the fight for its life. 

The fracking industry likes to bill its product as the cleaner and cheaper alternative to coal in generating electricity. And indeed, advances in fracking technology produced a years-long glut of gas, driving prices so low that gas overtook coal as the top fuel in U.S. power generation beginning in 2015. Gas made up 38.3 percent of electricity in 2021 compared to coal’s 21.8 percent. 

But competition from ever-cheaper wind and solar have stalled the gas industry’s growth in the power sector. Today utilities are more interested in building renewable energy and battery storage than new gas plants. Natural gas was projected to make up only 16 percent of new U.S. electricity generating capacity in 2021, compared to 39 percent for solar and 31 percent for wind. 

High prices will exacerbate this trend. Natural gas prices today are higher than at any time since 2008, having more than trebled in just the past two years. The rise began well before the war in Ukraine, and now international market demand has pushed it higher. This is good for fracking companies that spent the last 10 years losing money, but from a utility’s perspective, price-stable renewables just look better and better. 

Graph of 5 years of natural gas prices in US dollars.
Natural gas (USD/MMBtu) https://tradingeconomics.com/commodity/natural-gas

Fortunately for the gas industry, making electricity is just one use for its product. Methane remains the dominant fuel for heating buildings, with about half of U.S. homes and businesses using it for space heating, water heating, cooking and other appliances. It is also a feedstock for many industrial operations, including fertilizer and plastics manufacturing. Protecting the first use, and expanding the second, are critical to staving off obsolescence. 

That explains three pieces of legislation passed in Virginia in the past two years, all modeled on bills enacted in other states. One, which I’ll discuss in a minute, originally would have prohibited local governments from banning new gas connections within their jurisdiction, protecting the industry’s access to new retail customers. Another sets up a way for gas companies to include methane from pig waste lagoons and other non-fossil sources in their pipelines, allowing them to claim green credit — and subsidies — for marketing what they call renewable natural gas. 

Finally, 2021 legislation promotes “advanced recycling” of waste plastics — using a process called chemical conversion to turn plastic into other plastic or into fuel and then burning it — in part to forestall efforts to phase out single-use plastics like Styrofoam food containers and plastic bags. As a technology, chemical conversion is inelegant, being energy-intensive and highly polluting. As a business, the economics are questionable (and the main company benefiting from the law canceled plans for a facility in Virginia). But as PR, the reframing is brilliant. Why not expand plastics production forever if we can turn the waste into fuel or new plastic?

Indeed, the success of the law can be seen in Gov. Glen Youngkin’s new executive order ostensibly promoting recycling while overturning a previous order from Ralph Northam that required executive agencies to give up single-use plastics by 2025. General Assembly members are also falling for the propaganda, proposing via the state budget to delay the ban on polystyrene food containers that was to have taken effect beginning next year. 

Banning the bans: the gas industry fights building electrification

RNG and plastics are important for the gas industry, but protecting its market share in the building sector is central to its future. Ultimately it is doomed to failure. All-electric buildings are a requirement for a fully decarbonized economy, and their health and safety advantages make a compelling case for localities that want to help meet climate targets by preventing new homes from being connected to gas lines. Some cities in solidly blue states have banned new gas hook-ups; elsewhere, red state legislatures are passing laws to ban the bans.

Public support for these bans will grow as people learn more about the hazards of using gas in their homes. Read enough stories about methane leaking from underground pipes and in homes (and occasionally exploding and setting fire to buildings), or about the health impacts of indoor air pollution from gas heaters and stoves, and you may wonder why we ever thought it a good idea to have open flames in our homes. Yet once a house is built with a gas furnace and appliances, it is much harder for a homeowner to go all-electric. 

To be clear, though, no Virginia jurisdiction has sought to ban gas connections, and it’s not clear whether they could do so in a Dillon Rule state like Virginia. Right now, a law to keep them from doing so sounds a little on the hysterical side, like prohibiting people from walking tigers off-leash. 

Indeed, the proponents of HB1257 could cite only a much narrower threat. The City of Richmond recently committed itself to achieving net zero greenhouse gas emissions by 2050. Unlike almost any other city in Virginia, Richmond owns a gas utility that serves its residents and businesses. Sometime in the next 28 years, if the city is serious, it will have to sell the utility or shut down gas service, forcing customers to look elsewhere if they want gas. 

The gas industry and its industrial customers used this far-off threat as a pretext for a Virginia ban-the-ban bill. In its original form, HB1257 (Kilgore) declared it the right of every person to access natural gas, calling this “energy justice,” and explicitly forbidding any public entity from doing anything to interfere with this sacred right. (Oh, except that gas utilities don’t have to supply gas even to willing customers if they can’t make money doing so, and they are free to cut off service to anyone who can’t pay their bills. Justice stretches only so far as profit permits.) 

The Republican-led House passed the whole bill, but the Democratic-led Senate pared it back to deal just with a locality that gets out of the gas utility business, requiring that it give three years’ notice and try to sell or auction off the utility. The final version omits the “energy justice” language that was such an inspiring tribute to George Orwell, but it solves the “immediate” problem in Richmond. 

But it’s not likely that we have seen the end of legislative efforts in Virginia to ban local restrictions on natural gas connections. The gas industry needs to lock in new customers now, because its future is looking very bleak indeed. 

This column originally appeared in the Virginia Mercury on April 21, 2022.

Dominion’s proposed charge for solar program is absurdly high

Solar panels are well suited to the flat roofs of apartment buildings like this one in the Bronx, but they remain a rarity in Virginia despite a new law designed to open the market. Photo by Bright Power, Inc. – U.S. Department of Energy from United States, Public domain, via Wikimedia Commons

A Dominion Energy customer wrote me recently to ask what her condo association could do to go solar. The building’s roof can hold many more solar panels than needed to power the needs of the common area. Is it possible to sell the excess electricity to individual residents to power their units?

I get this question a lot, and in 2020, the Virginia General Assembly tried to change the answer from “no” to “yes.” As part of the Solar Freedom legislation, the State Corporation Commission was tasked with creating a shared solar program for residents of multifamily buildings like condominiums and apartment buildings, with orders to make the program available beginning in January 1, 2021. In other words, it ought to be available today.

And yet I still have to tell people they can’t do it now, and may not be able to ever, unless the SCC changes course. Would-be customers will have just one final chance this month to try to save the program. On March 25, the SCC will take public testimony at an evidentiary hearing to address the seemingly simple question threatening the viability of the Multifamily Shared Solar Program. The law allows Dominion to collect an administrative fee from customers who participate in the program. How much should that be? 

An administrative fee doesn’t sound like it could be enough to stall a program for more than a year, let alone deep-six it altogether. Dominion’s role in the Multifamily Shared Solar Program is limited to doing the accounting to make sure every unit gets credit for the share of the electricity the resident buys. That shouldn’t cost very much—perhaps a buck or two per month per customer. 

Yet Dominion proposes to impose an administrative fee of more than $87 per month—a charge so absurdly high that it would result in participants paying far more for electricity generated on the roof of their building than for the electricity Dominion delivers to them from elsewhere in the state. The SCC temporarily stopped the utility from implementing that fee, but it also stacked the deck to make a high fee almost inevitable. 

And that’s a program killer. Rooftop solar is still a lot more expensive than large, offsite solar facilities, so keeping fees low is critical to making the economics work. It’s also a matter of equity. Owners of single-family homes with rooftop solar benefit from Virginia’s net metering program, which guarantees them a one-for-one credit for any surplus electricity generated. Multifamily residents deserve something similar.

Indeed, the entire point of putting the Multifamily Shared Solar Program in Solar Freedom—a law otherwise focused on removing barriers to net metering—is to benefit Virginians who’ve been shut out of the solar market because they don’t own their own roofs. Renters in particular are more likely to have lower incomes than owners of single-family homes, so making the program available to them is important to the goal of reducing the energy burden on low- and moderate-income residents and ensuring that the transition to clean energy benefits people at all income levels.

I’m not just guessing about the intent behind Solar Freedom. I know the point is to offer residents of multifamily buildings an analog to net metering because I wrote most of the legislation as it was introduced, in collaboration with allies in local government and the legislators who introduced it. We wanted building owners and occupants to be able to work together to install onsite solar, free of SCC meddling and without the utility demanding a cut of the action. 

But as so often happens with legislative sausage-making, the bill changed as it went through negotiations and emerged from committees. The SCC was charged with developing a formal program, and Dominion was given a role in administering it. Yet the new language made clear that the original purpose remained. The SCC is to write regulations that “reasonably allow for the creation and financing of shared solar facilities” and “allow all customer classes to participate in the program, and ensure participation opportunities for all customer classes.” 

The legislation provides for participants to be credited on their utility bills with their share of the electricity generated by the solar panels. The SCC is to make an annual calculation of the bill credit rate “as the effective retail rate of the customer’s rate class, which shall be inclusive of all supply charges, delivery charges, demand charges, fixed charges and any applicable riders or other charges to the customer.” To the definition of “bill credit rate” is added the admonition that the rate “shall be set such that the shared solar program results in robust project development and shared solar program access for all customer classes.” 

This language is consistent with a goal of putting multifamily buildings on par with single-family homes in making rooftop solar affordable. But, unlike the original legislative language, and unlike the rules of net metering, the final version of Solar Freedom instructs the SCC to “allow the investor-owned utilities to recover reasonable costs of administering the program.” 

And that’s the opportunity Dominion wants to exploit. As soon as the SCC began the process of writing rules for the Multifamily Shared Solar Program, Dominion advanced the claim that the administrative fee should be based on essentially all of the costs of operating an electric utility. Instead of the multifamily program mirroring net metering, Dominion took as its model a larger program under a very different law. The Shared Solar legislation, also passed in 2020, creates a program for community solar facilities that can be onsite or offsite, can serve many more customers anywhere in Dominion’s territory, and can even be carved out of a utility-scale solar facility. The shared solar law specifically allows Dominion to charge most customers a “minimum bill” with a list of components, and also an “administrative fee.” 

Things aren’t going well for the Shared Solar program at the SCC. A hearing examiner recently recommended the commission adopt a minimum bill of more than $55, based on an SCC staff recommendation. It did not trouble the hearing examiner or the staff that the number puts the cost of shared solar above the cost of Dominion’s own electricity, a program killer according to community solar developers.

But cramming the minimum bill elements into the multifamily program’s administrative fee would be an even greater blow to a program whose economics are already constrained by the smaller size of onsite projects. It also seems obvious from a plain reading of the two laws that the General Assembly did not intend to burden multifamily residents with the fees it authorized for the Shared Solar participants.

Unfortunately for customers, the SCC approved the cramming in concept last July, ignoring this plain legislative intent. Based on that, SCC staff proposed options for the administrative fee of either $16.78 or $57.26, with the higher fee using the same reasoning that just led to the hearing examiner’s $55 recommendation in the shared solar program. 

The SCC ought to reject these numbers and instead adopt the dollar or two that running the multifamily shared solar program will actually cost Dominion. But to do so, commissioners will have to reverse their earlier, egregious decision and embrace what seems to be (for them) the novel concept that the General Assembly intended the plain meaning of its words. Only then will residents of multifamily buildings gain their solar freedom. 

Note: those wishing to testify at the SCC hearing must sign up by March 22.

This article originally appeared in the Virginia Mercury on March 10, 2022.

Looking backward, Virginia Republicans attack climate action and coddle coal

Photo credit: Mark Dixon from Pittsburgh, PA, CC BY 2.0 , via Wikimedia Commons

Even before taking office, Governor Glenn Youngkin made two rookie mistakes: he declared his intention to pull Virginia out of the Regional Greenhouse Gas Initiative (RGGI) by executive order, not realizing it can only be done by legislation; and he nominated the much-reviled Trump-era EPA chief Andrew Wheeler to be his Secretary of Natural Resources, apparently unaware the appointment would need approval from the Democratic-led Senate he had just infuriated with the RGGI announcement. 

Evidently not a man to admit a blunder, on his first day in office Youngkin signed an  executive order directing the Department of Environmental Quality to notify RGGI of his intent to withdraw Virginia from the carbon-cutting program, and to develop an “emergency regulation” to send to the Air Pollution Control Board for the same purpose. The language in the order is a little less than he pledged, and yet still not legal.

These are unfortunate signs that Youngkin, who ran for governor as a moderate Republican, intends to govern as a burn-the-house-down extremist when it comes to the environment. 

It’s surprising to see Youngkin pursuing Trumpist energy policies, and not just because they failed so dismally when Trump tried them. As the former CEO of a multibillion-dollar private equity investment company, Youngkin is, presumably, not an idiot. He has acknowledged climate change is real and affecting Virginia, and he has access to the same polls the rest of us do that show Americans are concerned and want government action to address the crisis. Corporate America is also calling for action; CEOs of more than 70 of the world’s largest corporations wrote a letter last June calling on governments to adopt policies capable of capping the global rise in temperature at no more than 1.5 decrees Celsius. 

The legislation that put Virginia into RGGI will lead to a 30 percent cut in the Commonwealth’s electric sector CO2 emissions by 2030. Companion legislation, the Virginia Clean Economy Act (VCEA), extends the carbon cutting out to 2050, to hit zero carbon emissions from the electric sector. Youngkin complains that RGGI costs ratepayers money, but it’s not like the money raised through carbon allowance auctions disappears into the ether: it pays for coastal flood-control projects and low-income energy efficiency programs that Virginia wasn’t funding before. Maybe Youngkin intends to replace these hundreds of millions of dollars with some of the federal funding coming to Virginia through the federal infrastructure bill—you know, the legislation that Virginia’s Republican congressmen voted against

Or maybe he doesn’t really care about the human consequences of his actions, since Virginia governors can’t run for reelection. Even last fall Youngkin was being talked about as a potential presidential candidate based on his ability to say nothing of substance for an entire campaign season. It was a good trick, but it’s a hard one to pull off twice. If Youngkin runs for president, he’ll be doing it as the guy who started his governorship by torching Virginia’s climate action plan.

Whether they are fellow flame-throwers or not, General Assembly Republicans are rallying around the new governor. Two bills filed last week seek to do legally what Youngkin wanted to do by executive fiat. SB532 (Stuart) and HB1301 (Kilgore) would repeal the Clean Energy and Community Flood Preparedness Act, direct DEQ to suspend the Commonwealth’s participation in the Regional Greenhouse Gas Initiative and remove provisions for using revenues from the auctions. 

SB81 (Stanley) would prohibit the Air Pollution Control Board from considering health, environmental, scientific, or economic factors when making regulations—an attack on both RGGI and clean car regulation, as well as on the independence and very mission of the Air Board. SB657 (Stuart) also attacks the Air Board’s authority (and that of the Water Board for good measure).

HB118 (Freitas) goes bigger. It repeals key features of the VCEA, including achieving zero carbon emissions by 2050; allowing the SCC to approve new fossil fuel plants only if a utility has met energy-saving goals and can prove cost-effectiveness; allowing utilities to recover costs of compliance with Virginia’s new renewable portfolio standard; and making wind, solar and offshore wind projects “in the public interest,” magic words that assure utilities they will get paid for making these investments.

The Freitas bill might pass the House, now that Republicans hold a slim majority, but neither of these two bills should pass the Senate with Democrats in charge. Creating the framework for the energy transition was a signature success for Virginia Democrats, and it’s hard to imagine a scenario in which they will let it be taken from them. 

That isn’t stopping other Republicans from taking their own shots. Several bills seek to undermine the energy transition in various ways; all of them are bad policy.

  • HB74 (also Ware) would subsidize certain large industrial customers by allowing them to share in the benefits, yet exempting them from the costs, of the energy transition, shifting their share of the costs onto all other customers. 
  • HB5 (Morefield) raids the RGGI funds to get money for his own district. 
  • HB892 (Kilgore) and SB398 (McDougle) subsidize RGGI costs for certain fossil fuel generators, another raid on the funds. 
  • HB1204 (Kilgore) prevents the RPS from taking effect until 2025 and guts the carve-out for distributed generation permanently. It also removes the authority of the Air Pollution Control Board over air pollution permits for “minor” sources of pollution.
  • HB1257 (Kilgore, on a roll!) guarantees customers access to natural gas in the name of “energy justice,” banning local electrification efforts, and making it really hard for the city of Richmond to terminate its gas utility.
  • HB1261 (Bloxom) also strips the Air and Water Boards of their permit-granting authority. 
  • HB73 (Ware) and SB761 (Sutterlein) eliminates language putting wind, solar and offshore wind in the public interest, undercutting the market certainty that put Virginia into the top ranks for solar energy in the past year and attracted a major offshore wind turbine blade manufacturing facility to Portsmouth. (The bill also lets the SCC put costs of new facilities into a utility’s rate base instead of tacking on a rate adjustment clause. If this were the only thing the bill did, it would be worth supporting.)

Not all the bills we are likely to see this year have been filed yet, so there is a good chance we will see further attacks on climate action, all with the pretense of saving money. I will continue updating this post when I hear of other bills like these. 

“Virginia is no longer anti-coal,” — new Virginia Attorney General Jason Miyares. 

Speaking of things that cost ratepayers money, bills to subsidize coal are back this year. As we have all learned, coal is no longer a competitive fuel in Virginia. It lost out first to fracked gas, and more recently to solar. But in a compromise with coalfields Republicans, the VCEA excluded one coal plant, the Virginia City Hybrid Energy Center (VCHEC) in Wise County, from a requirement that Dominion Energy Virginia close its Virginia coal plants this decade. In theory, VCHEC could stay open until 2045, when the VCEA requires Dominion to reach zero carbon across all its generation.

In reality, though, the reprieve isn’t enough to save the coal plant. Dominion’s own analysis, from its 2020 Integrated Resource Plan case, assigned VCHEC a net present value of negative $472 million just for the ten years from 2020-2029. Dominion didn’t try to extend that analysis out to 2045, but clearly the cost to customers from running a money-losing coal plant for 25 years would top a cool billion. Not surprisingly, the SCC is considering requiring Dominion to retire VCHEC to save money for its customers.

Given concerns about RGGI’s cost to consumers, you might think Southwest Virginia Republicans would lead the charge to retire the money-losing coal plant in their midst. You would be wrong. To understand why, it will help you to know that the counties making up Southwest Virginia are not in Dominion’s service territory, but in Appalachian Power’s. The people who benefit from keeping a coal plant open in Wise County are not the same people who have to pay for the plant’s spectacular losses. 

As an excuse to keep the plant open, coalfields Republicans claim it’s to help the environment. Yes, really. Some of VCHEC’s fuel is waste coal excavated from the piles of mining waste that litter the coalfields, a toxic legacy of the era when coal was king and environmental regulations went unenforced. Burning the waste coal is one way to get rid of it, though not the only way or, for that matter, the right way. 

As a new report from the Appalachian State School of Law discusses, the federal infrastructure bill (again, the same one Virginia Republicans voted against) will provide millions of dollars to Virginia to remediate abandoned minelands, including these piles of toxic waste. (The report, titled Addressing Virginia’s Legacy GOB Piles, has been sent to General Assembly members but is not yet available online.)

In a letter to Senator John Edwards, report lead author Mark “Buzz” Belleville expressed his strong disagreement with bills aimed at encouraging the burning of waste coal. As he wrote, “Waste coal is of lower quality, requiring additives for combustion and resulting in even greater CO2 emissions and traditional air pollution than newly-mined coal. As the report notes, existing GOB piles can be disposed of or remediated in other manners that do not undermine Virginia’s commitment to a transition to clean energy.”

Rather than use the coming federal funds to remediate GOB piles, Republicans would prefer that Dominion customers be forced to pay hundreds of millions of dollars in higher energy costs and put more pollution into the air. 

So at the same time they rail against the costs of RGGI and VCEA, Republicans are using waste coal as a reason to raise costs even more. 

  • HB656 (Wampler) dangles a tax credit for using waste coal. 
  • SB120 (Hackworth) and HB657 (Wampler) declare waste coal a “renewable energy” source and exempts VCHEC from the requirement that it close by 2045. 
  • HB894 (Kilgore) outright prohibits the SCC from requiring Dominion to retire VCHEC “before the end of its useful life.” (Would that be before or after Virginia becomes so hot we all move to Canada?)
  • HB1326 (Kilgore, trying everything he can think of) makes it “in the public interest” for utilities to use waste coal, and gives utilities a way to charge ratepayers extra for doing so.

Electricity customers had better get used to being used as a political football by legislators who attack the costs of the energy transition but have no qualms about making ratepayers subsidize coal. 

This post originally appeared in the Virginia Mercury on January 20, 2022. It has been updated to include bills filed since then.

Has the energy transition hit a roadblock in Virginia, or just a rough patch of pavement?

Photo credit: Mark Dixon from Pittsburgh, PA, CC BY 2.0 , via Wikimedia Commons

Election Day was a tough day for climate advocates. 

After two years of historic progress that included passage of the Virginia Clean Economy Act (VCEA), the centerpiece of the Commonwealth’s plan to decarbonize the electric sector by 2050, voters handed a narrow victory to its critics. Republicans will take over as governor, lieutenant governor, attorney general and, barring any surprises in two recounts, the House of Delegates.

During the campaign, former Carlyle Group CEO Glenn Youngkin criticized the VCEA for raising rates and putting “our entire energy grid at risk.”  While largely supportive of solar and wind (especially offshore wind, which he “wholly supports”), Youngkin also argued for more natural gas to feed “the rip-roaring economy that I’m going to build.” This is, essentially, the old “all of the above” strategy we hoped had been buried for good, coupled with unfounded fear-mongering about power outages. 

On the bright side, Governor-elect Youngkin has acknowledged that climate change is real and is causing damage here in Virginia. At the same time, he supposedly told a Norfolk State University audience in October that he didn’t know what is causing climate change. It seems likely this was a clumsy lie prompted by political expedience, rather than a reflection of actual ignorance. Two years ago Youngkin touted Carlyle Group’s record as “the first major private investment firm to operate on a carbon-neutral basis.” That’s not something you do just to be on trend.

So yes, Youngkin knows that increasing greenhouse gas emissions are driving the warming of the planet, and at Carlyle he was willing to do something about it. But now that he’s a politician, Youngkin is embracing natural gas in a way that suggests he’d rather ignore the truth about methane than take a stance unpopular in his party. Heck, for all we know, he may now even subscribe to the plan recently laid out by U.S. Senate Republicans to address climate change by increasing natural gas production and exports. 

Wait, you say, isn’t this also the Russian plan? Sell more gas and, if worse comes to worst, Siberia heats up enough to become a vacation destination? Let’s just say it’s not a coincidence that the senators promoting this “solution” come from North Dakota, Alaska and Wyoming—all states that are big energy exporters, but more importantly, where people think a few degrees of warming would be kind of nice. But given that the population of all three states combined is significantly less than the population of Northern Virginia alone, we probably don’t want them making policy for us.

The fact that we have no idea where Youngkin stands on the need for climate solutions is only one part of the problem facing climate activists in Virginia’s upcoming legislative session. The bigger problem is that a lot of our Republican legislators are outright hostile to climate science and Virginia’s framework for the energy transition. These folks are loaded for bear, and they will use their narrow win to flood the House with bills aimed at rolling back the energy transition. 

In addition to VCEA, the Republican hit list includes the Clean Energy and Community Preparedness Act, which directed Virginia to join the Regional Greenhouse Gas Initiative (RGGI); the Clean Car Standard, which promotes sales of electric vehicles; and the Commonwealth Clean Energy Policy, which makes the transition to a net-zero-energy economy official state policy.  

Whether these bills will pass the House is less certain, given the benefits these laws are already delivering. The VCEA spurred “incredible growth” in solar installations, making Virginia fourth in the nation for new solar generation in 2020, and the world’s biggest offshore wind blade manufacturer just announced plans for a facility in Portsmouth, Virginia. Does anyone really want to stop that momentum? Tens of millions of dollars are already flowing to climate adaptation projects in coastal areas thanks to RGGI’s carbon allowance auctions. Pulling the plug on that cash flow would hurt Republicans representing the area. 

Notwithstanding the rhetoric, the VCEA is good for business and consumers. Ratepayers will save money through the mandated closure of uneconomic coal, oil and biomass plants, and by the removal of barriers to distributed renewable energy generation. Solar’s low cost positions it to overtake fossil fuels as the go-to generation source for utilities, but the VCEA creates the market certainty that attracts investment. And offshore wind—the most expensive part of the VCEA, but the part Youngkin apparently likes—is also popular on both sides of the aisle as an engine of investment and job creation.   

That doesn’t mean anti-VCEA bills won’t pass the House; being bad policy is never enough to kill legislation, or even stop people who ought to know better from voting for it. In 2019, an anti-RGGI bill from Del. Charles Poindexter (R-Franklin) passed both the House and Senate on party-line votes. It was prevented from taking effect only thanks to a veto from Governor Northam. Today, I can count very few House Republicans who won’t toe the same party line.

With Democrats still in charge of the Senate, Youngkin isn’t likely to find a RGGI or VCEA repeal on his desk. Creating an energy transition framework was one of the Democrats’ biggest successes in the past two years, and protecting that success will be a party priority. 

But there are many ways Republicans can undercut climate action. They might attract just enough Democratic votes with bills that, for example, grant exemptions for powerful industries that have friends among Senate Democrats. They could also use the budget process to undermine the transition by starving agencies and grant programs of funding. 

If politics doesn’t completely get in the way, though, there should be room for consensus on some new areas of progress. Highly efficient schools with solar roofs save money for taxpayers; electric school buses are good for children’s health; solar on abandoned mine sites promise employment to residents of Southwest Virginia. 

Beyond the General Assembly, executive agencies have had the job of implementing all the various parts of the RGGI program and the VCEA. And the agencies, of course, answer to the governor. The Department of Environmental Quality will have signed off—or not—on the Mountain Valley Pipeline’s permits before Younkin takes office, but after that, we can expect DEQ to return to being the easy-permitting, lax-enforcing agency it was of old.

As for the Department of Energy, that agency has been going gangbusters turning Virginia into a clean energy leader and promoting new models like brownfields redevelopment and clean energy financing. Hopefully those efforts offer so much in the way of economic opportunities that a businessman like Youngkin will want them to continue. 

But that, like so much else, remains to be seen. 

This article was originally published in the Virginia Mercury on November 16, 2021.

Legislative Scorecard Shows Continued Action on Climate, Environment, and Justice From Lawmakers

The Virginia Chapter of the Sierra Club released its 2021 Climate, Energy and Justice Scorecard today, grading state legislators on their votes on key issues during the last General Assembly session. Votes scored include energy policies, climate solutions, voting rights and environmental justice. Sixty-three out of one hundred forty legislators scored an “A.”

The organization’s press release highlights the adoption of the Clean Car Standards as the standout win for the environment. The scorecard also notes progress on other transportation bills, residential building codes, pipelines, plastic waste and energy equity. 

A lot of utility reform bills that Sierra Club supported went down to defeat, and votes against those bills pulled down the grades of several Senate Democrats who sit on the Commerce and Labor Committee. Senators Barker, Saslaw, Lewis and Lucas were especially notable for their alignment with utility interests. 

With a federal windfall incoming, Virginia should require school districts to build to green standards

The solar panels powering Arlington, Virginia’s Discovery Elementary School, seen through the windows of a science classroom. Photo by Ivy Main

More than $4.3 billion in federal stimulus dollars will be flowing to Virginia this year as part of the American Rescue Plan, with cities and counties in line for another $2.7 billion. In a joint statement in May, Governor Northam and Democratic leaders laid out spending priorities that included rehabilitating and upgrading the infrastructure in public schools. The General Assembly plans to meet for a special legislative session in August to allocate the funds. In addition to the federal money, Virginia also finds itself in the happy position of having surplus funds of its own to spend.

As it stands now, the federal funds cannot be used for new school construction, a restriction that upsets school officials in areas with aging schools and no budget to replace them. But whether some money is spent on new schools or not, the General Assembly should not just throw dollars out the door and hope for the best. Virginia has an enormous opportunity to improve student health and learning, correct historic injustices, and meet the demands of the climate crisis, but only if the right standards are in place from the outset.

First, funding should be prioritized to Title 1 schools, which are those with at least 40 percent of children from low-income families. Given Virginia’s history of segregation and racism, a high number of Title 1 schools are in Black communities, while others are in parts of rural Virginia that have been left behind economically.  Title 1 schools on average are older and in worse condition than schools in more affluent areas, and the students are more likely to suffer from asthma and other health problems that are exacerbated by mold and poor indoor air quality. Improving indoor air quality and student well-being should be the primary goals for all new or renovated facilities, and it makes sense to start with the students most in need.

Second, while many localities are attracted to the idea of shiny new schools, in most cases it takes less time and costs less to retrofit an old school that is structurally sound than to tear it down and build new. It’s also better for the environment, even if the new school would be built to a “green” standard. Children don’t need new buildings; they need healthy, high-performing buildings. A beautiful remodel of the historic school their parents and grandparents attended could be just what the doctor ordered.

Third, new or renovated schools should be required to meet the highest standards for energy efficiency, including windows, insulation and HVAC. New construction should also be all-electric, as should most renovated buildings. This maximizes taxpayer savings on energy costs over the lifetime of the building, supports the goal of healthy indoor air, and is consistent with Virginia’s commitment to phase out fossil fuels.

Fourth, if the roof will be new or upgraded, it should be made solar-ready, allowing the school to take advantage of third-party power purchase agreements (PPAs) or solar services agreements to install solar panels. Leveraging private capital to pay for the school’s primary energy source stretches construction dollars. These agreements provide financing for solar facilities at no upfront cost and typically save money for schools from the outset. Once the solar panels are paid off, energy bills plummet and savings pile up.

New schools and deep retrofits can even achieve net-zero status affordably, and ought to be required to do so in most cases. Net-zero schools become a source of community pride and offer educational benefits as students learn about energy and how solar panels work. According to a study conducted for Fairfax County Public Schools, the additional upfront cost of building a net-zero-ready school (one that will produce as much energy as it uses once solar panels are added) is only about 5 percent more than standard construction, and the additional cost is recovered through energy savings in under 10 years. Renovating older schools to net-zero costs 11 percent more, but still pays off in 15 years.

Even if we weren’t worried about climate, these standards would make sense for student health and taxpayer savings. Yet today, school districts are not required to build high performance schools, and most don’t. The result is higher operating costs, and in some cases school boards being told that their brand-new schools won’t support solar. Solar companies say it’s probable that solar would be just fine, but this shouldn’t even be an issue. Yet it will continue to be cited as an obstacle if solar-readiness is not made standard.

Our children deserve better. Virginia should seize this year’s historic opportunity to invest in healthy, high-performing schools that are free of fossil fuels and will deliver long-term benefits for taxpayers and the climate.

An early look at climate and energy bills in the 2021 session

Last year Virginia’s General Assembly passed more than 30 separate clean energy bills, which together put Virginia on a path to zero-carbon electricity by 2050, enabled massive investments in renewable energy, storage and energy efficiency and eased restrictions on distributed solar. 

But many of the bills that passed were not perfect, and most of the new mandates affect only the electric sector. Only about a quarter of Virginia’s greenhouse gas emissions comes from power plants, so getting serious about a zero carbon economy means finding ways to reduce emissions from transportation, buildings, industry and agriculture. 

Unfortunately, building on last year’s progress will be hard this winter, not because there aren’t plenty of opportunities, but because the legislative session that starts Jan. 13 is likely to be exceptionally short and tightly-controlled. If, as expected, Republicans force a 30-day session limit(including weekends and holidays), that means each chamber must dispose of its own bills even faster than that to meet the crossover deadline (around Jan. 28, I’m told), when bills that have passed one chamber “cross over” to be considered in the other. Leadership has responded by strictly limiting the number of bills a legislator can carry, hoping not to overwhelm the committees that have to vet the bills. 

One result is that complex bills haven’t got a prayer. Climate advocates and their legislative champions will be focused on bills that are narrowly-crafted (or at least short) and easy to explain. 

Adding to the challenge, for those who want to weigh in with their legislators, is the fact that very few bills appear in the Legislative Information System yet, in another departure from prior years. 

And then of course, there’s COVID-19, disrupting normal procedures and making it harder than ever for citizens to make their voices heard. 

So yeah, ain’t we got fun?

What follows is a list of bills that are far along in the drafting process, have a patron, and are likely to be filed this year. I’m omitting other initiatives that don’t seem likely to make it into legislation this year or that I don’t have enough information to go on. I have not seen the language for any of these bills, so descriptions are based on previous years’ legislation, information from legislators and advocates, or both.

Building codes

One of the most cost-effective ways to lower carbon emissions from buildings is by constructing them with an eye to saving energy right from the start. If the builder puts more insulation in the walls and attic, reduces draftiness and installs better windows, buyers will save money and future residents will have lower heating and cooling costs for decades. Any small increases in a buyer’s mortgage costs are recouped many times over in utility bill savings.  

A national standard for energy efficiency in residential buildings even takes the guesswork out. The standard, known as the International Energy Efficiency Code (IECC), is updated every three years by a national organization referenced in the law setting out procedures for adopting Virginia’s residential building code. Unfortunately, the Board of Housing and Community Development (BHCD) has long ignored its statutory obligation to keep Virginia’s building code at least consistent with these nationally recognized standards. 

As a result of that, and BHCD’s slow review process, Virginia’s building code is still behind the 2012-2018 IECC’s consumer protections.  Unless BHCD is compelled to protect residents consistent with national standards, sub-standard housing will continue to be built for years into the future.    

Ideally, the attorney general or the governor would direct BHCD to correct its latest decision to extend substandard code protections. Regardless, this long history of our building code underperforming national standards calls for legislative action. Sen. Jennifer Boysko, D-Fairfax, is expected to introduce legislation that would require the BHCD to adopt the latest IECC within 12 months.  

[Update: Boysko’s bill is SB1224. Delegate Kory has also introduced HB2227.]

Right to buy

It’s a strange paradox. The Virginia Clean Economy Act is one of the most ambitious clean energy laws in the U.S., calling on our utilities to add thousands of megawatts of solar and wind energy in the coming years. And yet most Virginia customers still can’t buy solar energy unless they install it on their own property. 

This is an absurd position for Virginia to be in today, insisting on an energy transition but not allowing customers to actually go buy electricity from solar. Indeed, this restriction threatens Virginia’s ability to meet its carbon reduction goals, for one reason in particular: data centers. 

Data centers are energy hogs, and this sector has grown so fast in Virginia it now makes up 12 percent of Dominion Energy’s total electric demand in the state. Most data center operators say they want to run on renewable energy, and we need them to make good on that. Otherwise, cutting carbon will be harder and more expensive for the rest of us. 

But we have to make it possible for them to do so. Right now, only the really big companies, like Microsoft or Facebook, can get Dominion to come to the table on solar deals. The rest don’t have that kind of market power. Neither, of course, do residential customers and small businesses. 

The irony is that customers actually had the right to go outside their utility to buy 100% renewable energy until just recently. The Virginia Code gives customers that right so long as their own utility wasn’t offering a 100% renewable energy product. But first Appalachian Power, and then Dominion Energy Virginia, triggered a “kill switch” by offering their own products. The trouble is, these products cost more, use existing facilities instead of adding new renewable energy to the grid, and in Dominion’s case, include the poison pill of dirty biomass energy.

Last year saw the passage of a bill patroned by Del. Jeffrey Bourne, D-Richmond, that would return to customers their right to go outside their utility to buy renewable energy from sellers who qualify as competitive service providers. But there was a catch: an amendment tacked on at the last moment made the bill effective only if passed again in 2021.

Delegate Bourne is bringing the bill back this year, with added language that would require competitive service providers who sell renewable energy in Virginia to offer a discount to low and moderate income consumers. The providers would have to offer 100% renewable energy at a 10% discount off the cost of the utility’s standard residential rate. [Update: the bill is HB2048.]

Workers install solar panels at Huguenot High School in Richmond. (Sun Tribe Solar)

Solar for public schools and other government buildings

Last year the VCEA and Solar Freedom legislation expanded the ability of customers to finance onsite solar projects by raising the cap on third-party power purchase agreements (PPAs) and making the program available to a wider range of customers in Appalachian Power territory, where it had previously been restricted. The new limits in Dominion territory are 500 MW for “non-jurisdictional” customers like local governments and schools and 500 MW for “jurisdictional” customers like residents and businesses; in Appalachian Power territory the new limit is 40 MW for all customers. This year a bill from Sen. John Edwards, D-Roanoke, clarifies that the program in Appalachian Power territory applies to non-jurisdictional customers as well as jurisdictional customers. 

The bill also expands a pilot program for municipal net metering established in 2019 that allowed a local government to use surplus electricity generated by solar panels on one building for another building also owned by the locality. As originally enacted, however, the pilot program did not allow the locality to use PPA financing for its solar panels, a restriction that prevents budget-conscious local governments from using the program. Senator Edwards’ bill will let local governments of both Dominion and APCo use PPAs for solar projects installed under the pilot program. In addition, the previous caps on the municipal net metering pilot program are removed in favor of the general PPA program caps. 

[Update: Delegate Hurst introduced HB2049, which just addresses PPAs in APCo territory.]

Transportation

What RGGI does for the electric sector, the Transportation Climate Initiative (TCI) is supposed to do for transportation. As Sarah Vogelsong reported last week, Virginia is participating in the development of the multistate compact designed to lower carbon emissions from the transportation sector 30 percent by 2032, but it hasn’t yet pledged to join the compact. There may be some details to work out before that happens, including resolving concerns from environmental justice leaders who believe more of the revenues should go to historically underserved communities. So whether we will see a TCI bill this year is anyone’s guess, but I’ve included it here because of the impact it would have if it does show up.

Three other transportation bills are more certain. One, called the Clean Car Standard, simply requires manufacturers of electric vehicles to send some of their vehicles to Virginia dealers, so consumers can actually buy them. (Weirdly, many dealers are opposed.) Del. Lamont Bagby, D-Henrico, is expected to carry the bill; its passage is a priority for a long list of environmental and grassroots groups. [The bill is HB1965.]

A bill from Del. David Reid, D-Loudoun, would have Virginia offer incentives for the purchase of electric vehicles, following recommendations from a 2019 study. I’m told we should also expect at least one bill from Del. Mark Keam, D-Fairfax, and one from Sen. Louise Lucas, D-Portsmouth, to get more electric school buses on the road. [Reid’s bill is HB1979. Keam’s is HB2118.]

Another bill would require a Transit Modernization Study, which would gather information about how the public is currently being served by the existing transit system, including details as specific as which bus stops in which communities have benches and covered facilities. The study will determine which transit systems have infrastructure needs related to safety, reliability and environmental impact, such that when funding is available, the results of the study can ensure that funding is allocated equitably and to be used to make non-car options more appealing. A patron will be announced soon. [The patron is McQuinn, and the bill is HJ542.]

Environmental Justice

Del. Shelly Simonds, D-Newport News, and Keam are expected to introduce a bill that will expand last year’s Environmental Justice Act to change how the state forms and carries out environmental justice policies within agencies, and to ensure greater public involvement in the permitting process at DEQ. Among other issues, residents often learn too late that Virginia’s Department of Environmental Quality has finalized a permit for a facility that will add to the pollution in their community. The legislation would also require DEQ to consider the cumulative impact of polluting facilities — that is, to take into account whether the community is already overburdened.

Low-income ratepayer protections

The State Corporation Commission has been busy writing implementing regulations for many of the programs established by 2020 legislation. Some of the rules that have come out of the SCC are disappointing enough that I wouldn’t be surprised to see corrective legislation, but probably not until next year. One exception, where legislation is needed right away, concerns the Percentage of Income Payment Program. 

The PIPP is an important feature of the Virginia Clean Economy Act  that caps utility bills for qualifying low-income customers. The SCC convened a stakeholder group to hammer out the details, but concluded the statute did not provide enough information to go on. An SCC order issued Dec. 23 left open critical elements of the program, and urged the General Assembly to provide additional legislative guidance. It is very late in the year to craft a response and secure a patron, but the administration and advocates are trying. 

Pipelines

A bill from Sen. Jennifer McClellan, D-Richmond, adds specificity to the currently vague process that governs small to medium changes in pipeline routes and may impact permit conditions like erosion control measures. Currently it is unclear under what conditions DEQ must re-examine plans it has previously approved. The legislation will bring clarity and explicit direction to all parties involved. [The bill is SB1311.]

At least one and possibly two other bills that would affect pipeline construction are also said to be in the works, but I have no details. [See SB1265, from Senator Deeds.]

Fossil fuel moratorium

Last year’s Virginia Clean Economy Act contains a two-year moratorium on new fossil fuel electric generating plants. Del. Joshua Cole, D-Fredericksburg, is expected to introduce legislation expanding this into a permanent moratorium on all new fossil fuel infrastructure, to take effect in 2022. The bill would exempt retail projects like local gas hook-ups but would otherwise affect not just electric generation, but pipelines, fracking infrastructure, refineries and processing facilities. 

Utility reform

Last year saw a number of bills that would affect how our utilities do business. These issues have not gone away, so we should expect to see legislation to strengthen SCC oversight and pare back the ability of utilities to pocket overearnings. [Clean Virginia produced a whole slew of bills. These include HB1835, HB1914, HB1984, HB2049, HB2160, and HB2200.]

Will there be bad bills?

Yes, we should expect to see a few bills from Republicans attempting to roll back parts (or all) of the Virginia Clean Economy Act, or trying to block Virginia’s participation in the Regional Greenhouse Gas Initiative. These aren’t expected to get far in the Democratically-controlled General Assembly. [So far the worst of the bunch is HB2265.]

This post originally appeared in the Virginia Mercury on January 4, 2021. It has been updated to reflect additional bill information.

What part of ‘zero’ doesn’t Dominion understand?

Photo courtesy os the Sierra Club.

The more things change, the more they stay the same.

Dominion Energy Virginia filed its 2020 Integrated Resource Plan on May 1. Instead of charting the electric utility’s pathway to zero carbon emissions, it announced its intent to hang on to all its gas plants, and even add to the number. In doing so, it revealed a company so thoroughly wedded to fracked gas that it would rather flout Virginia law and risk its own future than do the hard work of transforming itself.

The Virginia Clean Economy Act may be new, but Dominion can hardly claim to be surprised by the commonwealth’s move away from fossil fuels. Gov. Ralph Northam’s executive order last September set a statewide target of zero carbon emissions from the electric sector by 2050. “Challenge accepted,” said a Dominion spokesman at the time, and in February of this year the company claimed it was embracing a 2050 net-zero-carbon goal company-wide. A month later, passage of the Clean Economy Act moved the deadline up to 2045 for Dominion, keeping it at 2050 for utilities that lack Dominion’s head start of 30 percent nuclear power.

Dominion’s IRP, however, does not accept the challenge to get off fossil fuels. It rejects the challenge, directing a giant middle finger at the governor and the General Assembly. Dominion’s “preferred” plan keeps the utility’s existing fracked gas generating plants — currently 40 percent of its electric generation — operating through 2045. The IRP acknowledges this violates the law, so it argues against the law.

The IRP posits that if Dominion stops burning gas in Virginia, it will instead simply buy electricity from out of state, some of which will be generated by gas, and this will cost more money without reducing carbon emissions at the regional level. Better, then, to keep burning gas in Virginia.

It gets worse. The IRP actually proposes increasing the number of gas combustion turbines in Dominion’s fleet. The VCEA imposes a two-year moratorium on new fossil fuel plants, so Dominion’s timetable has these gas peaker plants coming online in 2023 and 2024. The justification is vague; the IRP cites “probable” reliability problems related to adding a lot of solar, but it offers no analysis to back this up, much less any discussion of non-gas alternatives.

Dominion’s flat-out refusal to abandon gas by 2045 poisons the rest of the document. The IRP is supposed to show a utility’s plans over a 15-year period, in this case up to 2035. And for those years, the IRP includes the elements of the VCEA that make money for Dominion: the build-out of solar, offshore wind and energy storage projects. It also includes money-saving retirements of outmoded coal, oil and biomass plants, as the VCEA requires. Heck, it even includes plans to close a coal plant the VCEA would allow to stay open in spite of its poor economic outlook (the Clover plant, half-owned by Old Dominion Electric Cooperative.)

But the IRP proposes no energy efficiency measures beyond those mandated by the VCEA between now and 2025. Dominion hates energy efficiency; it reduces demand, which is bad for business. So the company has made no effort to think deeply about how energy efficiency and other demand-side measures can support a zero-carbon grid — or, for that matter, how customer-owned solar can be made a part of the solution, rather than part of the problem.

This isn’t surprising: a plan that contemplates keeping gas plants around indefinitely looks very different, even in the first 15 years, from a plan that closes them all within 10 years after that.

A company that really accepted the challenge of creating a zero-carbon energy supply would not just get creative in its own planning; it would look beyond generating and supplying electricity, at the larger universe of solutions. It would advocate for buildings constructed to need much less energy, including for heating and cooling, to lessen the seasonal peaks in energy demand.

It would want the state to embrace strong efficiency standards. It would press its corporate and institutional customers to upgrade their facilities and operations to save energy, especially at times of peak demand. It would partner with communities to create microgrids. It would invest in innovation.

In short, it would ask “How can we achieve our fossil-free goal?” instead of asking “How can we keep burning gas?”

It’s not hard to understand why Dominion clings to gas; its parent company is fighting desperately to keep the Atlantic Coast Pipeline project alive in the face of spiraling costs (now up to $8 billion), an increasingly uphill battle at the State Corporation Commission to stick utility ratepayers with the costs of a redundant gas supply contract and a dearth of other customers anywhere along the route.

What is really hard to understand, though, is why Dominion chose to be quite so transparent in its disdain for the VCEA. Senator Jennifer McClellan and Delegate Rip Sullivan, both Democrats, who introduced the law and negotiated its terms with Dominion lobbyists and other stakeholders through many long days and nights, reacted to the IRP with entirely predictable outrage. In a statement they responded:

“The VCEA requires Virginia utilities to step up to the plate and be active leaders in carbon reduction. Dominion Energy’s IRP is tantamount to quitting the game before the first pitch is thrown. The law sets clear benchmarks for Virginia to reach 100 percent clean energy by 2045, not for utilities to plan to import carbon-polluting energy from West Virginia or Kentucky.”

Senator McClellan, it might be pointed out, could be on her way to becoming Virginia’s next governor. Most companies would hesitate to offend a leader of her stature, as well as such a prominent Democratic leader as Delegate Sullivan.

A growing number of legislators also seem interested in ending Dominion’s monopoly and bringing retail choice to Virginia. Though the bill that would have done that didn’t make it out of committee this year, the high-handed tone of the IRP will push more legislators into the anti-monopoly camp.

Arrogance and complacency seem like dangerous traits in times like these, but that’s Dominion for you. It will rise to any challenge, as long as the challenge doesn’t require anything the company didn’t already want to do.

A version of this article appeared in the Virginia Mercury on May 14, 2020.

Want a better understanding of how this year’s legislation works? I’m presenting the ins and outs of over a dozen bills in these three webinars:

  • What to expect when you’re expecting an energy transition, May 14, 2020 (recording available here)
  • New solar opportunities for homeowners, businesses and nonprofits, May 21, 2020, 5:30 p.m., register here
  • New tools for local governments to cut carbon, May 28, 2020, 5:30 p.m., register here

With a framework for Virginia’s energy transition in place, here’s what happens next

workers installing solar panels on a roof

One expected effect of the Clean Economy Act will be a boom in solar jobs across Virginia. Photo courtesy of NREL.

With Democrats in charge, Virginia passed a suite of bills that establish a sturdy framework for a transition to renewable energy in the electric sector.

At the center of this transformation are the Clean Economy Act, HB1526/SB851, and the Clean Energy and Community Flood Preparedness Act, HB981/SB1027. Other new laws direct further planning, make it easier for customers to install solar, improve the process for siting wind and solar farms, and expand financing options for energy efficiency and renewable energy.

Gov. Ralph Northam has signed some bills already, and has until April 11 to sign the others or send them back to the General Assembly with proposed amendments. Once signed, legislation takes effect on July 1.

I assume the Governor has other things on his mind right now than asking the General Assembly to tinker further with a bill like the Clean Economy Act, though bill opponents may be using the virus pandemic to argue for delay. That would be a self-defeating move; as the economy restarts, Virginia is going to need the infusion of jobs and investment that come with the build-out of clean energy. And one of the strongest arguments in support of our energy transition, after all, is that it will save money for consumers.

So what happens after July 1? How does this all work? Let’s look at the way these major pieces of legislation will change the energy landscape in Virginia.

Virginia joins RGGI, and CO2 emissions start to fall. 

Virginia’s Department of Environmental Quality has already written the regulations that call for Virginia power plants to reduce emissions by 30 percent by 2030. The mechanism for achieving this involves Virginia trading with the Regional Greenhouse Gas Initiative, a regional carbon cap and trade market.

The regulations have been on hold as the result of a budget amendment passed last year, when Republicans still ruled the General Assembly. After July 1, DEQ will be able to implement the regulations, with the commonwealth participating in carbon allowance auctions as early as the last quarter of this year or the first quarter of 2021.

In addition to joining RGGI, the Clean Energy and Community Flood Preparedness Act also allows the commonwealth to earn money from the allowance auctions. The Department of Housing and Community Development will spend 50 percent of auction proceeds on “low-income efficiency programs, including programs for eligible housing developments.”

The Department of Conservation and Recreation will get 45 percent of the auction proceeds to fund flood preparedness and climate change planning and mitigation through the Virginia Community Flood Preparedness Fund. The last 5 percent of proceeds will cover administrative costs, including those for administering the auctions.

Energy efficiency savings become mandatory, not just something to throw money at.

Two years ago, the Grid Transformation and Security Act required Dominion and Appalachian Power to propose more than a billion dollars in energy efficiency spending over 10 years, but the law didn’t say the programs had to actually be effective in lowering electricity demand.

This year that changed. For the first time, Virginia will have an energy efficiency resource standard (EERS) requiring Dominion to achieve a total of 5 percent electricity savings by 2025 (using 2019 as the baseline); APCo must achieve a total of 2 percent savings. The SCC is charged with setting new targets after 2025. At least 15 percent of the costs must go to programs benefiting low-income, elderly or disabled individuals, or veterans.

The EERS comes on top of the low-income energy efficiency spending funded by RGGI auctions.

Dominion and Appalachian Power ramp up renewables and energy storage. 

The Clean Economy Act requires Dominion to build 16,100 megawatts of onshore wind and solar energy, and APCo to build 600 megawatts. The law also contains one of the strongest energy storage mandates in the country: 2,700 MW for Dominion, 400 MW for Appalachian Power.

Beginning in 2020, Dominion and Appalachian must submit annual plans to the SCC for new wind, solar and storage resources. We’ll have a first look at Dominion’s plans just a month from now: the SCC has told the company to take account of the Clean Economy Act and other new laws when it files its 2020 Integrated Resource Plan on May 1.

The legislation provides a strangely long lead time before the utilities must request approval of specific projects: by the end of 2023 for APCo (the first 200 MW) or 2024 for Dominion (the first 3,000 MW). But the build-out then becomes rapid, and the utilities must issue requests for proposals on at least an annual basis.

In addition to the solar and land-based wind, Dominion now has the green light for up to 3,000 MW of offshore wind from the project it is developing off Virginia Beach, and which it plans to bring online beginning in 2024. All told, the Clean Economy Act proclaims up to 5,200 MW of offshore wind by 2034 to be in the public interest.

Dominion’s plans for new gas plants come to a screeching halt.

Before the 2020 legislative session, Dominion’s Integrated Resource Plan included plans for as many as 14 new gas combustion turbines to be built in pairs beginning in 2022. In December, the company announced plans to build four gas peaking units totaling nearly 1,000 MW, to come online in 2023 and 2024.

But that was then, and this is now. The Clean Economy Act prohibits the SCC from issuing a certificate of convenience and necessity for any carbon-emitting generating plant until at least January 1, 2022, when the secretaries of natural resources and commerce and trade submit a report to the General Assembly “on how to achieve 100 percent carbon-free electric energy generation by 2045 at least cost to ratepayers.”

Even with no further moratorium, Dominion will find it hard to sell the SCC on the need for new gas plants on top of all the renewable energy and energy storage mandated in the Clean Economy Act. Solar and battery storage together do the same job that a gas peaker would have done — but they are required, and the gas peaker is not. Meanwhile, the energy efficiency provisions of the act mean demand should start going down, not up.

Dominion has already signaled that it recognizes the days of new gas plants are largely over. On March 24, Dominion filed a request with the SCC to be excused from considering new fossil fuel and nuclear resources in its upcoming Integrated Resource Plan filing, arguing that “significant build-out of natural gas generation facilities is not currently viable” in light of the new legislation.

Fossil fuel and biomass plants start closing.

By 2024, the Clean Economy Act requires the closure of all Dominion or APCo-owned oil-fueled generating plants in Virginia over 500 MW and all coal units other than Dominion’s Virginia City Hybrid plant in Wise County and the Clover Station that Dominion co-owns with Old Dominion Electric Cooperative.

This mandate is less draconian than it sounds; it forces the closure of just two coal units, both at Dominion’s Chesterfield plant. Other Dominion coal plants in Virginia have already been retired or switched to using gas or biomass, and one additional coal plant in West Virginia lies beyond the reach of the legislation. Oil-fired peaking units at Yorktown and Possum Point were already slated for retirement in 2021 and 2022. APCo owns no coal or biomass plants in Virginia.

Although the exceptions might appear to swallow the rule, the truth is that coal plants are too expensive to survive much longer anyway. One indication of this is a March 24 report Dominion filed with the SCC showing its fuel generation sources for 2019: coal has now fallen to below 8 percent of generation.

By 2028, Dominion’s biomass plants must shut down, another victory for consumers. All other carbon-emitting generating units in Virginia owned by Dominion and APCo must close by 2045, including the Virginia City plant and all the gas plants.

As of 2050, no carbon allowances can be awarded to any generating units that emit carbon dioxide, including those owned by the coops and merchant generators, with an exception for units under 25 MW as well as units bigger than 25 MW (if they are owned by politically well-connected multinational paper companies with highly-paid lobbyists).

Solar on schools and other buildings becomes the new normal.

In December, Fairfax County awarded contracts for the installation of solar on up to 130 county-owned schools and other sites, one of the largest such awards in the nation. Using a financing approach called a third-party power purchase agreement (PPA), the county would get the benefits of solar without having to spend money upfront. The contracts were written to be rideable, meaning other Virginia jurisdictions could piggyback on them to achieve cost savings and lower greenhouse gas emissions.

Fairfax County’s projects, along with others across the state, hit a wall when, on Jan. 7, the SCC announced that the 50 MW program cap for PPAs in Dominion territory had been reached. But with the passage of the Clean Economy Act and Solar Freedom legislation, customers will be able to install up to 1,000 MW worth of solar PPAs in Dominion territory and 40 MW in APCo territory.

Fairfax County schools will soon join their counterparts in at least 10 other jurisdictions across the state that have already installed solar. With the PPA cap no longer a barrier, and several other barriers also removed, local governments will increasingly turn to solar to save money and shrink their carbon footprints.

Virginia agencies start working on decarbonizing the rest of the economy. 

In spite of its name, the Clean Economy Act really only tackles the electric sector, with a little spillover into home weatherization. That still leaves three-quarters of the state’s greenhouse gas emissions to be addressed in transportation, buildings, agriculture and industry. Ridding these sectors of greenhouse gas emissions requires different tools and policies.

Other legislation passed this session starts that planning process. SB94(Favola) and HB714 (Reid) establish a policy for the commonwealth to achieve net-zero emissions economy-wide by 2045 (2040 for the electric sector) and require the next Virginia Energy Plan, due in 2022, to identify actions towards achieving the goal. Depending on who the next governor is, we may see little or nothing in the way of new proposals, or we may see proposals for transportation and home electrification, deep building retrofits, net-zero homes and office buildings, carbon sequestration on farm and forest land and innovative solutions for replacing fossil fuels in industrial use.

Collateral effects will drive greenhouse gas emissions even lower.

Proposed new merchant gas plants are likely to go away. With Virginia joining RGGI and all fossil fuel generating plants required to pay for the right to spew carbon pollution, the developers of two huge new merchant gas plants proposed for Charles City County will likely take their projects to some other state, if they pursue them at all.

Neither the 1,600 MW Chickahominy Power Station and the 1,050 C4GT plant a mile away planned to sell power to Virginia utilities; their target is the regional wholesale market, which currently rewards over-building of gas plant capacity even in the absence of demand. The Chickahominy and C4GT developers sought an exemption from RGGI through legislation; the bill passed the Senate but got shot down in the House.

If the C4GT plant goes away, so too should Virginia Natural Gas’ plans for a gas pipeline and compressor stations to supply the plant, the so-called Header Improvement Project.

Other coal plants will close. Although the CEA only requires Dominion to retire two coal units at its Chesterfield Power Station, other coal plants in the state will close by the end of this decade, too. That’s because the economics are so heavily against coal these days that it was just a matter of time before their owners moved to close them.

Adding the cost of carbon allowances under RGGI will speed the process along. That includes the Clover Station, which Dominion owns in partnership with Old Dominion Electric Cooperative (ODEC), and the Virginia City Hybrid Electric plant in Wise County, Dominion’s most expensive coal plant, which should never have been built. 

The Atlantic Coast and Mountain Valley Pipelines find themselves in more trouble than ever. If I had a dollar for every time a Dominion or Mountain Valley spokesperson said, “Our customers desperately need this pipeline,” I would not be worried about the stock market right now.

The fact is that no one was ever sure who those customers might be, other than affiliates of the pipeline owners themselves—and that doesn’t exactly answer the question. With Virginia now on a path away from all fossil fuels, neither pipeline has a path to profitability inside Virginia any longer, if they ever had one.

 

A version of this article originally appeared in the Virginia Mercury on March 31.