2019 #COleg: Colorado lawmakers approve a bevy of energy bills — The Denver Post #ActOnClimate #KeepItInTheGround

Coyote Gulch’s Leaf charging at campsite near Steamboat Springs August 21, 2017.

From The Denver Post (Judith Kohler):

“If I had to sum it up in a word, I think I’d say ‘transformative.’ It’s a real shift in our policy, and I think it really shows the direction that Colorado is headed,” said Erin Overturf, chief energy counsel for the conservation group Western Resource Advocates. “I think it shows that we’re starting to take climate change seriously and recognize the task that’s truly ahead of us if we’re going to do our part to help solve this problem.”

The bills include efforts to make houses and appliances — from refrigerators, to light bulbs to air conditioners and furnaces — more energy-efficient…

Lawmakers extended state tax credits for buying electric vehicles and allowed regulated electric utilities to own and operate vehicle charging stations to try to encourage people to buy and drive zero-emission vehicles.

One of the things that sets Colorado apart from other states working to boost the use of renewable energy and reduce greenhouse gas emissions is its efforts to look out for affected workers and communities, said Anna McDevitt, an organizer with the Sierra Club’s Beyond Coal Campaign.

The bill reauthorizing the PUC has a provision requiring utilities to include a workforce transition plan when they propose shutting down a power plant. Another section on low-cost bonds to retire power plants for cleaner, cheaper alternatives also provides that a portion of the proceeds helps workers and communities affected by the closures…

Referring to the PUC bill and its carbon-reduction targets, Xcel Energy said in a statement Friday that the legislation was “heavily negotiated with a broad set of stakeholders” and protects safety reliability and customer costs…

One bill expands the size of community solar gardens, which are centralized arrays of solar panels that users “subscribe” to. They are intended for people who want to use solar power but whose roofs aren’t suitable, who live in an apartment or can’t afford to install a system.

Other legislation directs the PUC to study regional transmission organizations that would make it easier for utilities or municipalities to buy wholesale power. Another section requires regulators to take on planning to help facilitate rooftop solar and other distributed-energy installations.

The PUC also will have to look into so-called “performance-based ratemaking.” That would allow utilities to earn a certain rate of return on things such as increasing energy efficiency or installing a certain amount of rooftop solar rather than just on construction of plants or other infrastructure.

#CarbonDioxide Soars to Record-Breaking Levels Not Seen in 800,000 Years — Live Science #ActOnClimate

Sen. John Barrasso, R-Wyo., argued in a recent op-ed that fossil fuels, like the coal processed at this Wyoming plant, will continue to power the world for decades, and that the solution to climate change is “investment, invention and innovation,” not regulation. Photo credit: BLM Wyoming

From Live Science (Yasemin Saplakoglu):

On Saturday (May 11), the levels of the greenhouse gas reached 415 parts per million (ppm), as measured by the National Oceanic and Atmospheric Administration’s Mauna Loa Observatory in Hawaii. Scientists at the observatory have been measuring atmospheric carbon dioxide levels since 1958. But because of other kinds of analysis, such as those done on ancient air bubbles trapped in ice cores, they have data on levels reaching back 800,000 years…

During the ice ages, carbon dioxide levels in the atmosphere were around 200 ppm. And during the interglacial periods — the planet is currently in an interglacial period — levels were around 280 ppm, according to NASA.

But every story has its villains: Humans are burning fossil fuels, causing the release of carbon dioxide and other greenhouse gases, which are adding an extra blanket on an already feverish planet. So far, global temperatures have risen by about 1.8 degrees Fahrenheit (1 degree Celsius) since the 19th century or pre-industrial times, according to a special report released last year by the United Nation’s Intergovernmental Panel on Climate Change.

Every year, the Earth sees about 3 ppm more carbon dioxide in the air, said Michael Mann, a distinguished professor of meteorology at Penn State University. “If you do the math, well, it’s pretty sobering,” he said. “We’ll cross 450 ppm in just over a decade.”

[…]

“CO2 levels will continue to increase for at least the next decade and likely much longer, because not enough is being done worldwide,” said Donald Wuebbles, a professor of atmospheric sciences at the University of Illinois at Urbana-Champaign. “The long-term increase is due to human-related emissions, especially the emissions of our burning of fossil fuels.”

However, he noted that the annual peak in carbon dioxide, which fluctuates throughout the year as plants change their breathing rhythms, occurs right now. The annual average value will be more like 410 to 412 ppm, he said. Which … is still very high.

“We keep breaking records, but what makes the current levels of CO2 in the atmosphere most troubling is that we are now well into the ‘danger zone’ where large tipping points in the Earth’s climate could be crossed,” said Jonathan Overpeck, the dean of the School for Environment and Sustainability at the University of Michigan. “This is particularly true when you factor in the additional warming potential of the other greenhouse gases, including methane, that are now in the atmosphere.”

The last time atmospheric carbon dioxide levels were this high, way before Homo sapiens walked the planet, the Antarctic Ice Sheet was much smaller and sea levels were up to 65 feet (20 meters) higher than they are today, Overpeck told Live Science.

“Thus, we could soon be at the point where comparable reductions in ice sheet size, and corresponding increases in sea level, are both inevitable and irreversible over the next few centuries,” he said. Smaller ice sheets, in turn, might reduce the reflectivity of the planet and potentially accelerate the warming even more, he added.

“It’s like we’re playing with a loaded gun and don’t know how it works.”

Global CO2 emissions by world region 1751 through 2015.

#Renewables Cheaper Than 75 Percent of U.S. #Coal Fleet, Report Finds — @YaleE360 #ActOnClimate #KeepItInTheGround

Comasche Solar Farm near Pueblo April 6, 2016. Photo credit: Reuters via The Climate Reality Project

From the Yale School of Forestry & Environmental Studies:

Nearly 75 percent of coal-fired power plants in the United States generate electricity that is more expensive than local wind and solar energy resources, according to a new report from Energy Innovation, a renewables analysis firm. Wind power, in particular, can at times provide electricity at half the cost of coal, the report found.

By 2025, enough wind and solar power will be generated at low enough prices in the U.S. that it could theoretically replace 86 percent of the U.S. coal fleet with lower-cost electricity, The Guardian reported.

“We’ve seen we are at the ‘coal crossover’ point in many parts of the country, but this is actually more widespread than previously thought,” Mike O’Boyle, the co-author of the report for Energy Innovation, told The Guardian. “There is a huge potential for wind and solar to replace coal, while saving people money.”

Using public financial filings and data from the U.S. Energy Information Agency, O’Boyle and his colleagues analyzed the cost of coal-fired power plants compared with wind and solar options within a 35-mile radius. The report found that North Carolina, Florida, Georgia, and Texas have the greatest amount of coal capacity currently at risk of being outcompeted by local wind and solar. By 2025, Indiana, Michigan, Ohio, and Wisconsin will be in a similar situation.

“Coal’s biggest threat is now economics, not regulations,” O’Boyle told CNN Business.

Coal currently makes up just 28 percent of total U.S. power generation, down from 48 percent in 2008. Renewables, meanwhile, now account for 17 percent of electricity generation, dominated by hydro and wind, with solar capacity quickly growing.

@POTUS’s infrastructure order threatens local right to protect the environment — @HighCountryNews #ActOnClimate #KeepItInTheGround

From The High Country News (Carl Segerstrom):

Washington blocked a coal terminal under the Clean Water Act. New rules could subvert that authority.

At nearly 17 million acres, the Tongass National Forest in Southeast Alaska is part of the largest intact temperate rainforest in the world. Meanwhile, about a thousand miles south in Longview, Washington, on the banks of the Columbia River, decades of industrial waste mar the proposed site for the largest bulk coal terminal in North America.

On the surface, these places may not have much in common, but they’re both part of a simmering nationwide conflict over state and federal power. In the Tongass, that means the Administration deferring to Alaska’s desire to rewrite federal rules to promote logging, while in Longview, that looks like an executive order designed to limit a state’s ability to block fossil fuel projects — including the Millennium coal export terminal.

A recently signed executive order looks to fast-track permitting for coal terminals. Photo credit: Peabody Energy, Inc./Wikipedia Commons

The [President’s] administration’s treatment of these areas demonstrates its all-in support for extractive industries. In the name of energy dominance, the federal government is looking to curtail state environmental reviews and promote fossil fuel exports. By doing so, it’s wading into an ongoing fight between coastal and Interior West states over permit denials for export facilities on the West Coast. Where the administration stands on that battle — and its apparent willingness to trample on some states’ regulatory authority — exposes the uniquely flexible nature of its support for states’ rights: It appears interested in shifting power to states only when the goal is less environmental protection.

[The President’s] April 10 executive order was part of a package of directives designed to pave the way for infrastructure like the Millenium coal terminal. In the order, [the President] asked the Environmental Protection Agency to rewrite the policies for how Section 401 of the Clean Water Act is implemented. That section of the linchpin federal law gives states and tribes authority over whether to permit facilities that release pollution into federally protected waters within their borders. [The President’s] directive declares that the current process “cause(s) confusion and uncertainty, leading to project delays, lost jobs, and reduced economic performance.”

While it’s unclear exactly how the EPA will change the guidelines, environmental lawyers are skeptical that the executive branch has the authority to weaken state and tribal oversight. That’s because the right of states to protect their rivers, lakes and coastal waters is fundamental to the Clean Water Act, and the 401 certification process gives affected communities a voice in that process. Andrew Hawley, a lawyer with the Western Environmental Law Center, put it bluntly: “To undermine that goes straight to the heart of the Clean Water Act.”

The orders come as states are battling over export infrastructure along the Pacific Coast. Fossil fuel-producing states in the Interior West — frustrated that local and state governments in Washington, Oregon and California have stymied a string of projects — see [the President’s] directives as a crack in the coast’s green wall. “I stand with governors across the land in asserting our states’ rights to access markets foreign and domestic,” said Wyoming Gov. Mark Gordon, R, following the orders’ announcement. “The states along the West Coast have abused their authority under section 401 of the Clean Water Act to unfairly discriminate against Wyoming coal.”

Gordon blamed the blocking of export facilities on climate politics, but Washington denied the Longview permit because of local impacts, not big-picture threats. In a summary of the decision, the state’s Department of Ecology wrote that the project “would cause irreparable and unavoidable harm to the Columbia River,” by driving hundreds of pilings into the riverbed, destroying nearly 30 acres of wetlands and aquatic habitat, increasing ship traffic on the Columbia River by 1,680 trips a year, and impairing tribal access to protected fishing sites.

Elsewhere, the…administration has sought to shift power to the states — so long as the end result would slash environmental protections. In the past couple years, the Interior Department has implemented policies that defer wildlife management to states, thus allowing controversial hunting practices like killing coyotes and wolves during denning season on national wildlife refuges in Alaska. And the Forest Service is working with Utah and Alaska to weaken restrictions on carving roads into roadless forests. That would mean major changes in areas like the Tongass, where most of the forest is inaccessible to industry.

As some Western states get more leeway to weaken environmental safeguards, green activists are left wondering how far the federal government will go to subvert state regulatory authority in their communities. Diane Dick, who lives just outside the Longview city limits, has spent the better part of a decade fighting the Millenium coal terminal. From the beginning, she said, the fight over the terminal felt bigger than just one project; she’s watched it become a poster child for a national debate over energy infrastructure. Now, as the executive branch tilts the scales against local environmental protection, Dick sees a larger question looming: When and based on what can a community protect itself?

Longview, Washington, residents gather to protest the coal terminal project. The community has been fighting the proposed terminal for years. Photo credit: Power Past Coal

Carl Segerstrom is an assistant editor at High Country News, covering Alaska, the Pacific Northwest and the Northern Rockies from Spokane, WA.

#Denver Completes Divestment From #FossilFuel Companies — Westword #ActOnClimate #KeepItInTheGround

From Westword (Chase Woodruff):

A spokesperson for Denver’s Department of Finance confirmed that the city’s fossil fuel investments have been sold. As of earlier this year, its various portfolios had included about $50 million in corporate bonds issued by fossil fuel giants Exxon Mobil and Chevron, though in previous years that figure had been higher.

“This is a powerful statement to our children, grandchildren and future generations that we care about them and want to invest in their future,” said 350 Colorado boardmember Barbara Donachy.

Climate cases set the stage for oil and gas leasing reform — @HighCountryNews #KeepItInTheGround #ActOnClimate

From The High Country News (Carl Segerstrom):

Over the last few years, residents of the western Colorado town of Paonia, the longtime headquarters of High Country News, have planted yard signs, skipped ultimate frisbee to attend public meetings, and embarrassed themselves and each other during a karaoke-themed fundraiser — all in the name of preventing oil and gas development in their watershed. Despite their efforts, the Bureau of Land Management and Forest Service approved major fracking projects, in 2015 and 2017, just above this small community, where agritourism and a renewable energy training facility are growing as coal jobs fade.

What public pushback didn’t stop, a federal court in Denver has temporarily halted. In late March, Colorado U.S. District Judge Lewis Babcock ruled the agencies failed to fully consider climate and wildlife impacts in approving the projects, and ordered them to rework their environmental reviews. It is the latest in a string of decisions regarding federal environmental planning for oil and gas development and leasing on public lands. Another judge also recently rejected oil and gas leases in Wyoming, citing an inadequate analysis of how they would harm the climate; together, the rulings have blocked development approved by both the Obama and Trump administrations.

Environmentalists see the decisions as major victories and an opportunity to slow down the “energy dominance” agenda of the Trump administration. At the same time, they’re aware that courts alone can’t prevent the administration from increasing leasing and drilling on public lands. But in the details of the decisions, and in growing public awareness and activism around climate action, they see a chance to slow or stop oil and gas development on public land.

Oil and gas drilling has been delayed above Paonia, Colorado because agencies didn’t adequately analyze climate and wildlife impacts. Courtesy of EcoFlight via The High Country News.

The courts are merely delaying, rather than actually preventing fossil fuel development over climate concerns. That’s because the National Environmental Policy Act of 1970 (NEPA) governs process, not outcomes. The law requires disclosure, “but NEPA doesn’t have the kind of teeth to force agencies to act on climate change,” said Clare Lakewood, a lawyer for the Center for Biological Diversity. “Practically speaking, (BLM) will do the analysis the court directed,” and likely continue with the fracking project in western Colorado, said Laura King, a lawyer for the Western Environmental Law Center. Steven Hall, the BLM Colorado communications director, said the agency will work with the groups that sued to address the issues identified by the court.

While it would be foolhardy to expect the Trump administration to change its plans based on a climate analysis, just a few years ago the Interior Department appeared to be taking climate change more seriously. In 2016, Interior Secretary Sally Jewell issued a moratorium on federal coal auctions and initiated an environmental review of the entire federal coal-leasing program. Though that review was never completed — and the moratorium was overturned in short order by Trump’s then-secretary, Ryan Zinke — the data collected during it were published late last year in a report by the U.S. Geological Survey. That report shows that the extraction and combustion of fossil fuels from federal lands is responsible for approximately one-fourth of the carbon dioxide emissions produced in the United States.

The report not only showed that federal lands are a major contributor to climate change, it also demonstrated that tools exist to track and estimate how they contribute to greenhouse gas emissions. Now, federal judges are keen to see those tools employed to inform agency decision-making. In a ruling that is delaying 303,000 acres of oil and gas leases in Wyoming, U.S. District Judge Rudolph Contreras wrote that by omitting analysis of the cumulative impacts of greenhouse gas emissions, the BLM failed to abide by environmental laws. He also wrote, “BLM could decline to sell the oil and gas leases at issue here if the environmental impact of those leases — including use of the oil and gas produced — would not be in the public’s long-term interest.”

The judge’s assertion is critical for activists who want to keep fossil fuels in the ground. The Interior Secretary is directed by law to hold quarterly oil and gas lease sales. But if the BLM has the power to decline to issue the leases based on their ultimate contribution to climate change, that could pave the way for future administrations to phase-out or even eliminate fossil fuel leasing on public lands. “We think the agencies have complete discretion,” to issue a moratorium on new federal fossil fuel leasing, said Jeremy Nichols, the climate and energy program director for WildEarth Guardians.

Climate action is not coming from the current partisan Congress, an Interior Department led by former industry lobbyists, or a president who blames wind turbines for cancer while praising the beauty of coal. But recent court decisions are giving future administrations a legal footing to phase out fossil fuel development on public lands, and bolstering environmental activists like the karaoke-singers in Paonia by posing an important question: Is fossil fuel development a sensible way to manage public land for future generations?

Carl Segerstrom is an assistant editor at High Country News, covering Alaska, the Pacific Northwest and the Northern Rockies from Spokane, WA. Email him at carls@hcn.org.

New Mexico’s ‘mini’ Green New Deal, dissected — @HighCountryNews #ActOnClimate

From The High Country News (Jonathan Thompson):

The Energy Transition Act could be a model for ambitious policies of the future.

On March 23, New Mexico Gov. Michelle Lujan Grisham signed into law the Energy Transition Act, a complex bill that will move the state toward cleaner electricity generation, clear the way for the state’s biggest utility to shutter one of the West’s largest coal-fired power plants in 2022, and provide mechanisms for a just transition for economically affected communities.

The bill has the support of the state’s biggest utility — Public Service Company of New Mexico, or PNM — as well as environmental groups such as the Natural Resources Defense Council, Western Resource Advocates and the San Juan Citizens Alliance. National media are hailing it as a mini-Green New Deal.

San Juan Generating Station. Photo credit: Jonathan Thompson

Here’s a breakdown of what the bill does — and doesn’t — do:

Perhaps most significantly, the bill mandates that New Mexico electricity providers get 80 percent of their electricity from renewable sources by 2040, and 100 percent from carbon-free sources by 2045. Those are ambitious goals that will result in huge cuts in greenhouse gas emissions in a state that currently gets half its electricity from coal and a third from natural gas.

That said, it’s important to remember that “carbon-free” and “renewable” are not synonyms. The 20 percent of carbon-free electricity can include nuclear, since no greenhouse gases are emitted during fission, as well as coal and natural gas equipped with carbon capture and sequestration technologies. Carbon capture is prohibitively expensive — and unproven — but nuclear power is readily available from Palo Verde Generating Station in Arizona, where PNM currently gets about 18 percent of its power.

Also, “electricity” and “energy” are two distinct concepts — a common source of confusion. This bill applies only to electricity consumed by New Mexicans and has no direct bearing on the state’s burgeoning oil or natural gas production. Meanwhile, the Four Corners Power Plant, located in New Mexico but owned by Arizona Public Service, can continue to burn coal under the renewable standards as long as the electricity is exported to other states. But PNM plans to divest its 13 percent ownership in Four Corners Power Plant in 2031, leaving the plant on shakier economic ground.

The bill helps pave the way for the planned closure of San Juan Generating Station, located just north of the Navajo Nation in northwestern New Mexico.

The station’s owner, PNM, announced two years ago that it would likely shut down the plant in 2022 because it was no longer economically viable. Many aspects of this bill are a direct reaction to the pending closure, particularly the sections that allow the utility to take out “energy transition bonds” to cover costs associated with abandonment. Those bonds will be paid off by ratepayers, but not taxpayers.

This has irked New Energy Economy, a Santa Fe-based group that has been pushing PNM to clean up its act for years. The group, a critic of the bill, would rather see PNM’s investors shoulder the cost of the bonds. After all, the investors are the ones who have profited handsomely off the power plant for nearly half a century, even as it pumped millions of tons of climate warming gases into the air, along with acid rain-forming sulfur dioxide, health-harming particulates, mercury, arsenic and other toxic materials.

While the bill does not specifically force the plant’s closure, it does mandate the creation of standards that limit carbon dioxide emissions from large coal-burning plants to about half of what coal emits per megawatt-hour — effectively killing any possibility of keeping the generating station operating.

The energy transition bonds will help fund a just transition away from coal. Some 450 jobs— about one-fourth of them held by Native Americans — will be lost when the San Juan Generating Station and the associated San Juan Mine close, together with an estimated $356 million in economic activity annually.

The bill allocates up to $30 million for reclamation costs, and up to $40 million to help displaced workers and affected communities, to be shared by the Energy Transition Indian Affairs Fund, Economic Development Assistance Fund and Displaced Worker Assistance Fund. The Indian Affairs Fund will be spent according to a plan developed by the state, in consultation with area tribal governments and with input from affected communities, and the economic development fund will help local officials diversify the local economy. The bill also requires PNM to replace a portion of the area’s lost generation capacity, in the process creating jobs and tax revenue.

The new bill has some missing elements. There’s no provision for making amends to the people who have lived near the plant for years and suffered ill health, such as high asthma rates, as a result. It won’t stop Four Corners Power Plant, located just 10 miles from San Juan Generating Station, from belching out pollution (though it does provide for a just transition away from that plant if it closes by 2031), and it doesn’t address the massive climate impact from oil and gas development or transportation. The act is merely an official acknowledgment that coal is dying, and that coal communities could die, too, without help.

Nevertheless, the Energy Transition Act is remarkable in that it promises to totally decarbonize electricity in a state that has leaned heavily on fossil fuel for decades, while also lending a hand to communities that would otherwise be left behind. It is a good template, or at least a decent sketch, for a national Green New Deal.

Extra: Listen to High Country News Contributing Editor Cally Carswell’s new Hot & Dry Podcast for even more context on New Mexico’s Energy Transition Act:

Jonathan Thompson is a contributing editor at High Country News. He is the author of River of Lost Souls: The Science, Politics and Greed Behind the Gold King Mine Disaster. Email him at jonathan@hcn.org.