Clean Energy Legislative Issue Summary • 2021-22 was the start of something big

Clean Energy Legislative Issue Summary • 2021-22 was the start of something big

by | Mar 18, 2022 | Advocacy, Community Solar, Electric Vehicles, Energy Storage, Legislative Watchlist, Local Government, Policy, Solar

The 2021-22 legislative session in Wisconsin is now over. It was a busy session for clean energy initiatives with legislation introduced to allow more community solar, clarify the rules for leasing solar equipment, and update the regulations for electric vehicle (EV) chargers. Most of these bills were bipartisan, with support on both sides of the aisle. See the bottom of this article for a summary of this year’s major clean energy legislation.

The session started when Governor Tony Evers introduced his 2021-23 Budget Bill in February 2021. It included 28 provisions (many of them drawn from the Governor’s Taskforce on Climate Change) that would have advanced Wisconsin’s clean energy and energy efficiency. Among those provisions were recommendations to expand Focus on Energy, invest in the clean energy workforce, and support Wisconsin’s electric vehicle infrastructure. Unfortunately, by the time the Governor signed the Budget in July, those provisions were removed from the Budget and did not pass.

On November 15, several Democratic legislators introduced a package of 22 bills called Forward on Climate. The package proposed increased funding for Focus on Energy, on-bill financing of energy efficiency improvements from utilities, and a Wisconsin Climate Corp to provide training and opportunities in clean energy industries for Wisconsin’s youth. The session ended without any of these bills being adopted. Still, it outlined what kinds of initiatives they support to create good, family-supporting jobs, reduce inequality, and fight climate change through Wisconsin-centered policies.

What passed and what progress was made?

The only major clean energy bill that passed this session was a bill to modernize the PACE financing program. However, many clean energy initiatives made in-roads with legislators from both sides of the aisle. The new technology developments and dropping prices for renewable energy over the last few years is an excellent story for reducing emissions, bolstering economic growth, diminishing energy prices, and creating jobs. Even if there are still hurdles to overcome, everyone is interested in learning more.

There is growing interest among a wide range of stakeholders in clean energy legislation. The best example is SB 490, the community solar bill, where many diverse interests have registered in support. While some groups have expressed concerns with the bill, most business and public interest groups who registered support this kind of change.

Even though we didn’t pass them this session, electric vehicle legislation is also getting attention, especially in light of the volatile gas prices this year. As the price of EV battery production falls, the initial price of EVs will get more competitive, making the cost of EV operations compared to petroleum-powered vehicles very attractive.

The EV transition is coming fast, and we need to be ready. We need to finalize the rules and regulations over EV charging, determine how to pay for the roads if the gas tax generates less income, and streamline the buying process for new EVs coming into the market. One of the big things happening in the coming year is the millions in federal Infrastructure Investment and Jobs Act money coming to Wisconsin for EV infrastructure. We need to work with all stakeholders to ensure that Wisconsin can utilize that money efficiently.

What happens next?

Over the summer and fall, RENEW Wisconsin will meet with candidates running for state and federal office. We will be educating them about new developments in clean energy and electric vehicles and discussing essential policy changes we need to make these advances available to everyone in Wisconsin.

You can also do your part by getting involved in your local elections, talking to your local candidates, and supporting the candidates who support clean energy with your votes, time, and financial contributions. This time of year, candidates are especially interested in what you have to say and will take the time to listen. Clean energy can have a big year in 2023, but only if we do the work this year to educate and help elect candidates who will support us!

If you would like information on any clean energy issues or the elections, please contact Jim Boullion, Director of Government Affairs, jim@renewwisconsin.org,

2021-22 Wisconsin Legislative Session

Clean Energy and Electric Vehicle Issue Summary

PACE Financing Modernization – (SB 692/Wisconsin Act 175 – Sen. Cowles and Rep. Thiesfeldt)

  1. Expands type of projects that may be financed: Adds energy reliability improvements, weather-related resiliency projects, electric vehicle charging infrastructure, and stormwater control measures.
  2. Financing: Defines the term of the repayment period, clarifies that financing may be repaid through a lien, and ensures that mortgage holders provide written consent before the issuance of funding.
  3. Performance Requirements: Removes the requirement for project savings to exceed project costs and would instead require a third-party assessment of the anticipated energy and water cost savings from the proposed project and confirmation of proper installation after work is completed.
  4. Excludes Residential PACE: Prohibits PACE financing for residential units of less than five units. PACE loans will remain only for commercial or industrial buildings.

Assembly:  Passed on voice vote (2/23/2022) and sent to Governor for signature.
Senate: Passed 32-0 on 2/15/22.
RENEW Position:  Support.

EV Charging Rules – (SB 573 – Sen. Cowles and Rep. VanderMeer) Clarify that selling electricity by the kilowatt-hour to electric vehicles (EVs) does not subject EV charging station owners to utility regulation. No city, village, town, county, school district, special purpose district, or state agency may own, operate, manage, lease or control a charging facility. Local governments can authorize a utility or private entity to operate a charger on their property. Requires that all energy come from the local utility, limiting Solar+Storage EV charger availability.

Senate: Passed on vote of 19-13 (2/15/2022). Did not concur with Assembly Amended bill 3/8/22
Assembly: Passed on voice vote, with amendment, (2/24/22). Failed to pass.
RENEW Position: Oppose due to restrictions on non-utility energy sources and restrictions on the State and local governments from owning or operating EV chargers.

Expanded Development of Community Solar – (SB 490 / AB 527 – Sen. Stroebel and Rep. Ramthun)  Would authorize the development of non-utility-owned community solar projects, allowing more individuals and businesses to access clean energy, save money and create good-paying jobs. Require local investor-owned utilities (Cooperative and municipal utility territories would be exempt) to provide credits on utility bills of subscribers for the energy generated by the system. Directs the PSC to develop rules that will establish fair credit rates and compensation to utilities for the use of utility infrastructure and billing.

Assembly: Energy and Utilities. Failed to pass.
Senate: Utilities, Technology, and Telecommunications. Failed to pass.
RENEW Position: Support

3rd Party Financing/Leasing – (SB 702 / AB 731– Sen. Cowles and Rep. Cabral-Guevara) Clarify that 3rd party financing/leasing of renewable energy equipment is legal in Wisconsin.

Assembly: Energy and Utilities. Failed to pass.
Senate: Utilities, Technology, and Telecommunications. Failed to pass.
RENEW Position: Support

Energy Storage Sales Tax Exemption – (SB 672 /AB 710 – Sen. Cowles and Rep. Duchow) Clarify that battery storage devices installed as part of a renewable energy system should be included in the sales tax exemption for renewable energy system equipment.

Assembly: Committee on Ways and Means. Failed to pass.
Senate: Committee on Financial Institutions and Revenue. Failed to pass.
RENEW Position: Support

Use $10 million of VW Settlement Funds for EV Charging Station Grants – (SB 663/AB 695 – Sen. Cowles and Rep. VanderMeer) Grants from these funds will be used to install electric vehicle charging stations at key locations throughout Wisconsin. Requires the PSC and DOT to study how the growing number of EVs will impact the transportation fund and determine methods to ensure they contribute to that fund equitably. Grant recipients can only resell electricity obtained from the local electric utility. $5m for EV Corridors; $3m for businesses or multifamily; $2m to be determined by PSC.

Senate: Committee on Transportation and Local Government. Passed committee 5-0. Failed to pass.
Assembly: Committee on Energy and Utilities. Failed to pass.
RENEW Position: Support

Direct Purchase of Electric Vehicles –  (SB 462 / AB 439 – Sen. Kooyenga and Rep. Neylon) Would enable electric vehicle manufacturers to deliver and service vehicles in Wisconsin using online sales or manufacturer-owned dealerships without going through a 3rd party dealership.

Senate: Senate Gov. Operations Committee. Passed Committee 4-1. Failed to pass.
Assembly: Committee on Transportation. Failed to pass.
RENEW Position: Support

Create a System to Measure Carbon Emissions for Animal Agriculture Operators. (SB1054 / AB 1072 – Sen. Cowles and Rep. Tauchen).  

  1. DATCP shall establish voluntary and market-driven standards for quantifying the carbon emissions produced directly and indirectly from an animal agriculture operator’s activity.
  2. DATCP must facilitate trade in products and services related to transactions between animal agriculture operators and other parties for carbon emission offsets and may operate an electronic marketplace for selling and purchasing carbon emission offsets.
  3. PSC shall develop a statewide master plan for collecting, transporting, and commercializing renewable natural gas produced from animal wastes, biomass, and other organic sources.
  4. PSC will establish standardized power purchase agreements and standardized agreements for the provision of energy as a service between animal agriculture operators and electric utilities

Assembly: Committee on Energy and Utilities. Failed to pass.
Senate: Committee on Natural Resources and Energy. Failed to pass.
RENEW Position: Support

Join The Conversation About Potential Net Metering Policy Changes

Join The Conversation About Potential Net Metering Policy Changes

by | Mar 16, 2022 | Action Alert, Advocacy, Legislative Watchlist, Net Metering, PSC Priorities, Solar

Net metering is a billing policy that enables customers who generate electricity from solar energy to receive a bill credit for the excess energy they add to the grid. This arrangement allows residential and business customers to generate their own electricity, reduce carbon emissions, and provide substantial economic benefits to their communities.

In Wisconsin, net metering varies widely by utility. For example, some utilities use a monthly billing period for netting, while others use an annual period. Some utilities cap systems to 20 kilowatts (kW) for net metering purposes, while others have a 100 kW or 300 kW cap. Due to statewide inconsistencies across utilities, there are opportunities for policy improvements to provide clarity and better reflect the value of solar. 

Solar customers and clean energy supporters have an opportunity to submit comments to the Public Service Commission in favor of protecting and improving net metering in Wisconsin. The Commission has asked for remarks on four key questions and shared a 60-page memo from the Regulatory Assistance Project describing net metering policy issues, changes to net metering in other states, and several other aspects for consideration. Comments must be received by 5:00 p.m. on Tuesday, March 22, 2022.

 

SUBMIT YOUR COMMENTS ON NET METERING TODAY

 

The PSC’s net metering questions (paraphrased):

  1. Do current net metering tariffs appropriately balance the ratemaking principles?
  2. Do current net metering tariffs align with the Commission’s mission and state energy policy goals?
  3. How could net metering tariffs better align with ratemaking principles and policy goals?
  4. What, if any, further action should the Commission take to review and reform net metering tariffs?

While RENEW is enthusiastic that the Commission is exploring ways to improve net metering, nuances in the memo could undercut rather than accelerate solar growth in Wisconsin. It is critical that any effort to rework net metering in Wisconsin protects the positive features of the current system and carefully evaluates the risks and benefits of any changes. As evidenced by the PSC’s 2021 PV potential study, Wisconsin can expand customer-owned solar, especially with the correct net metering policies. However, opening up the door to changes too quickly may put the current benefits of net metering at risk.

We encourage you to submit comments and share what’s working, what’s not, and why supporting a robust net metering policy is critical for Wisconsin’s clean energy future. 

Thank you for your support!

Senate Votes Against Electric Vehicle Charging Legislation

Senate Votes Against Electric Vehicle Charging Legislation

by | Mar 10, 2022 | Action Alert, Advocacy, Electric Vehicles, Energy Storage, Legislative Watchlist, Local Government

Yesterday, in a unanimous vote of 31-0 (2 not voting), the State Senate voted against concurrence in the Assembly amended version of the EV charging bill, SB 573. The bill aimed to define who can provide EV charging services, how customers will pay for it, and the electricity source for the chargers.

Wisconsin law does not have specific guidance on EV charging, so non-utility-owned EV charging stations set their fees on a per-minute basis, not on the amount of energy delivered. This policy results in owners of slower charging vehicles paying more for power than owners of fast charging vehicles. SB 573 would have allowed businesses to set fees based on the amount of electricity used, but several provisions to the bill concerned clean energy advocates.

“While this bill addressed some of the issues with current policy, it would have also disincentivized solar-powered EV chargers and severely limited local government investment in EV charging,” said Heather Allen, Executive Director at RENEW Wisconsin. “RENEW Wisconsin opposed SB 573 in its current form and applauds yesterday’s Senate decision.”

SB 573 would have prohibited charging a fee if any non-utility-generated electricity was provided through a non-utility-owned EV station. The provision would limit the use of rooftop solar and stand-alone solar+storage EV charging equipment in Wisconsin, which provides numerous benefits such as controlling energy costs, facilitating EV charging in rural areas, increasing resilience and safety, and providing carbon-free electricity.

The restrictions on local government ownership or operation of publicly available EV chargers would have reduced access to EV chargers in many underserved areas because revenue from electricity sales alone may not generate enough income to justify private business investment in small towns, urban streets, or other locations. Local government participation allows EV infrastructure to expand in areas where private businesses are not investing.

“While this particular legislation did not pass, the issues the bill was attempting to resolve remains unsettled,” said Jim Boullion, Director of Government Affairs at RENEW Wisconsin. “RENEW Wisconsin will continue to work towards better policies that help everyone in Wisconsin benefit from the fast-developing electric vehicle revolution.”

AB 588 • Legislative UPDATE Assembly to Vote Today on Legislation Restricting Solar Powered EV Charging Stations!

AB 588 • Legislative UPDATE Assembly to Vote Today on Legislation Restricting Solar Powered EV Charging Stations!

by | Feb 23, 2022 | Action Alert, Advocacy, Electric Vehicles, Legislative Watchlist

On February 15th SB 573 passed the State Senate on a (mostly) partisan vote of 19-13.  All Democrats voted against the bill. Sen. Steve Nass was the only GOP Senator who voted against it. 

The State Assembly has placed the bill on today’s floor calendar (Wednesday, February 23rd) for a vote. If it passes the Assembly the bill goes to the Governor for his consideration.

RENEW Wisconsin is opposed to the bill in its current form (Senate Substitute Amendment 3). While this legislation clarifies that selling electricity to electric vehicles (EVs) by the minute or kilowatt does not subject EV charging station owners to utility regulation, it has several provisions that are of concern: 

  1. Requires that all electricity sold through an electric vehicle charger must come from the local utility. This stipulation would prohibit EV chargers that get any of their electricity from a non-utility-owned rooftop or standalone solar+storage system from being available to the public if they charge a fee.
  2. No local governments, which includes cities, villages, towns, counties, school districts, special purpose districts, or any state agency, may own, operate, manage, lease or control an EV charging facility available to the public. Local governmental units may authorize a utility or private entity to operate a charger on their property.

For background, you can view RENEW’s testimony on this bill here.

Please contact your legislators in the Assembly and ask them to oppose this legislation unless those issues are corrected! 

Thank you for your support!

Please email RENEW Wisconsin Director of Government Affairs, Jim Boullion, if you have any questions.

EMAIL YOUR LEGISLATORS ABOUT AB 588
Legislative UPDATE • AB 588 / SB 573 • State Senate to Vote on Legislation Restricting Solar Powered EV Charging Stations!

Legislative UPDATE • AB 588 / SB 573 • State Senate to Vote on Legislation Restricting Solar Powered EV Charging Stations!

by | Feb 14, 2022 | Action Alert, Advocacy, Electric Vehicles, Legislative Watchlist

On Friday, February 11th SB 573 was recommended for passage on a 3-2 vote by the Senate Committee on Utilities, Technology, and Telecommunications. The bill was immediately put on the State Senate floor calendar for tomorrow, Tuesday, February 15th. If the bill passes the Senate, it will go to the State Assembly, where it would be available for full adoption at any time before the end of the floor session on March 10th.

This legislation clarifies that selling electricity to electric vehicles (EVs) by the minute, kilowatt, or other means does not subject EV charging station owners to utility regulation as long as the owner meets several requirements. Among those requirements in the amended bill are several provisions that are of concern: 

1. Requires that all electricity sold through an electric vehicle charger must come from the local utility. This stipulation would prohibit EV chargers that get any of their electricity from a non-utility-owned rooftop or standalone solar+storage system from being available to the public if they charge a fee.

2. No local governments, which includes cities, villages, towns, counties, school districts, special purpose districts, or any state agency, may own, operate, manage, lease or control an EV charging facility available to the public. Local governmental units may authorize a utility or private entity to operate a charger on their property.

For background, you can view RENEW’s testimony on this bill here.

Please contact your legislators in both the Senate and Assembly, and ask them to oppose this legislation unless those issues are corrected! 

Thank you for your support!

Please email RENEW Wisconsin Director of Government Affairs, Jim Boullion, if you have any questions.

EMAIL YOUR LEGISLATORS ABOUT AB 588/ SB 573
Congress Must Act on Clean Energy

Congress Must Act on Clean Energy

by | Feb 2, 2022 | Advocacy, Legislative Watchlist, Local Government, Policy

Federal clean energy and climate investments are more crucial than ever. Congress must deliver a deal that includes clean energy investments in the Build Back Better Act.

This is a make-or-break moment to shore up the electric grid and help accelerate renewable energy and energy efficiency adoption in the U.S.  These investments will make the difference between leading the global clean energy economy or lagging behind the rest of the world.

According to the Solar Energy Industry Association, the Build Back Better Act would drive $234 billion into the economy over the next four years and require at least 450,000 workers to get it done – double the size of today’s solar workforce!

In the last few weeks of 2021, the Build Back Better Act (Biden’s flagship climate and clean energy proposal) hit roadblocks. Regardless of the political stalemate, the critical importance of the Act’s clean energy and climate provisions cannot be overstated. As Stewart MacKintosh wrote in The Hill, “Achieving global climate change goals depends on the U.S. starting to implement Biden’s net-zero carbon emissions plan today- not two (or god forbid) four or more years from now. We have no extra time.”

The Build Back Better (BBB) Act is the third and most ambitious part of Biden’s original Build Back Better plan, including COVID-19 economic relief, social services, welfare, and infrastructure. Significant portions of the agenda were signed into law with two bills in 2021, The American Rescue Plan Act (March 2021) and the Infrastructure and Jobs Investment Act (November 2021).

BBB is the most powerful tool the Federal Government has in play to curb U.S. emissions and reach the climate and clean energy goals established in the Paris Agreement. BBB provisions would mobilize billions of dollars to expand access to clean energy and electric vehicles, improve the efficiency of buildings, electrify heating and cooling, support American clean energy industry growth, and help American manufacturers and other businesses reduce energy use and emissions. BBB also contains funding for social infrastructure, environmental justice investments, natural climate solutions, and rental assistance.

Image/Figure from https://rhg.com/research/us-climate-policy-2030/

This figure from the Rhodium Group shows that “Joint Action” can reduce emissions by 50% below 2005 levels. Joint Action refers to the collective impact of legislation adopted in 2021, BBB climate and clean energy provisions, and state and local action. BBB is the most critical element in this suite of actions and will accelerate clean energy adoption, save money for consumers, and reduce emissions.

Businesses and Workers Support Build Back Better

Last summer, Wisconsin businesses signed a letter calling on Congress for ambitious clean energy investments.   Since that time, an increasing number of companies and organizations have signaled their support for clean energy investment to drive jobs and economic activity.

West Virginia coal miners called on Joe Manchin to support Build Back Better.

Provisions in the bill would support miners dealing with Black Lung Disease, provide incentives to develop clean energy projects on closed mines, and support the right to unionize.

400 companies signed a letter calling on lawmakers to pass Build Back Better. 

“The climate components of the Build Back Better package are both fiscally responsible and critically needed to ensure a stable climate for businesses and communities, help companies save money with affordable clean energy, and strengthen U.S. competitiveness by building upon the important measures in the infrastructure package that passed Congress this fall,” said Hugh Welsh, president and general counsel, DSM North America.

Wisconsin’s solar installers, in particular, recognize that Build Back Better will provide greater access to clean energy, especially for farms and low-income families.

“The extension of the business and residential tax credits for solar are critical for our industry. But adding refundability to both 48C and 25D is a game-changer for low and moderate-income households, farms, and other entities that don’t have the tax liability to realize the normal tax credits and finally enables them to go solar. It has the potential to bring the equitable distribution of the benefits of solar to millions.” Josh Stolzenburg, CEO Northwind Solar, Amherst, Wisconsin.

Contact your senator today and ask them to support climate and clean energy provisions of Build Back Better. There is no time to waste.