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2009 State Renewable Energy Legislation

2009 State Renewable Energy Legislation

Table of Contents
 

Updated February 4, 2010

In the 2009 legislative sessions, states introduced at least 2,000 bills related to renewable energy. These bills include a range of incentives, training for green jobs, directives on the use of federal funds, comprehensive energy policies, net metering, updates to renewable portfolio standards, and more. A sampling of the bills are included in this brief. For current information on these and other bills on renewable energy and other energy issues, visit the NCSL Energy and Environment Policy Database.


 

Net Metering

 

Alaska

H 66 (Pending - Carryover), H 31 (Pending - Carryover): Requires utilities to offer net metering to customers.
Hawaii

H 546 (Pending - Carryover), S 1675 (Pending - Carryover): Removes the capacity limit for net metering.

Indiana

H 1347 (Failed): Requires the Utility Regulatory Commission to adopt emergency rules amending the Indiana Utility Regulatory Commission's net metering and interconnection rules for electric utilities; provides that the amended rules must make net metering available to certain specified customer classes; allows a net metering customer to interconnect a generating facility with a nameplate capacity of five megawatts or less to the distribution facility of an electric utility.

Kansas

H 2043 (Pending - Carryover), H 2051 (Pending - Carryover): Facilitates net metering and interconnection for wind and solar energy.

Maryland

S 555 (Failed): Net metering for customers generating electricity from cellulosic biomass to recover accrued generation credit for electricity fed back to the grid.

Nebraska

L 436 (Enacted - Legislative Bill 436): Provides for net metering of electricity.

New York

A 5785 (Pending): Requires utilities offer net energy metering of solar, wind, fuel cell and farm waste electric generating systems for residential and business customers.

Virginia

H 1705 (Failed): Would establish a community net metering program.

 

Education/Job Creation/Economic Development

California

AB 3 (Vetoed): Require the California Public Utilities Commission to set up the Renewable Workforce Readiness program to provide grants for training and job creation.
 
AB 310 (Pending): Sets up pilot program for green workforce development.

Colorado

S 31 (Enacted - Chapter No. 222): Creates the Clean Technology Discovery Evaluation grant program for the purpose of improving and expanding the development of new clean technology discoveries at higher education research institutions. 

Connecticut

H 5488 (Failed): Program to train workers for jobs in environmentally sustainable green industries including green energy.
 
S 668 (Failed): Incentives to grow jobs related to renewable energy. 

Illinois

H 3770 (Pending), H 3929 (Pending), HR 97 (Adopted): Establishes support for green jobs.

Maryland

H 814 (Failed), MD S 856 (Failed): Provides for green jobs workforce training.

Massachusetts

H 268 (Pending), H 814 (Pending): Calls for a job creation study including renewable energy jobs.

S 1255 (Pending) Creates a tax incentive for renewable energy technology jobs creation.

Missouri

S 572 (Failed): Science and Innovation Reinvestment Act creates the Missouri Science and Innovation Authority to encourage innovation in several areas, including renewable energy.

Montana

D 1011 (Failed), H 582 (Failed): Require the completion of a study of potential for clean, green jobs in the state.

Nevada

S 152 (Enacted - Chapter No. 490): Requires the use of federal stimulus funds for a Green Jobs Initiative.

Oklahoma

H 1682 (Pending - Carryover): Green jobs act, supports training in energy efficiency and renewable energy for workers. 

Pennsylvania

SB 21 (Pending): Promotes green workforce training in the energy efficiency and renewable energy industries. 

Texas

H 516 (Failed), S 108 (Failed), S 541 (Failed): Supports establishment and funding of a green job skills training program.

 

Renewable Energy Portfolio Standards 

Alabama

HJR 51 (Failed), SJR 10 (Enacted - Act No. 2009-796): Resolution in opposition of a national renewable portfolio standard. 

Arizona

H 2339 (Failed): Adopt renewable portfolio standard and tariff rules promulgated by the Arizona Commerce Commission.

California

SB 17 (Enacted - Chapter No. 327), AB 238 (Pending): Revises the legislative findings and declarations to declare that new and modified electric transmission facilities, including the employment of smart grid technologies, may be necessary to facilitate the state achieving its energy efficiency goals and renewables portfolio standard targets.

Florida

S 1154 (Failed): Revokes the requirement that the PUC submit a plan to the Legislature for implementation of an RPS.

Georgia

S 147 (Pending - Carryover): Provides for portfolio standard goals to be set for renewable and recoverable energy and energy efficiency and provides for a renewable and recoverable energy credits trading program.

Iowa

HSB 242 (Pending - Carryover), SSB 1263 (Pending - Carryover): Establishes a distributed renewable generation standard.

Illinois

S 2150 (Enacted - Public Act No. 159): Requires alternative retail electric suppliers to procure cost-effective renewable energy resources and also comply with the state's renewable portfolio standard.

Indiana

H 1306 (Failed), H 1349 (Failed), S 36 (Failed), S 283 (Failed): Requires mandatory and voluntary versions of a renewable portfolio standard.

H 1305 (Failed): Requires the IURC to provide certain financial incentives for implementing electric line facilities projects to electricity suppliers that comply with a certain renewable energy standard.

Kansas

H 2127 (Pending - Carryover): Establishes a state renewable portfolio standard. 

Kentucky

H 537 (Failed): Establishes a Renewable and Efficiency Portfolio Standard, create Alternative Transportation Fuel Standard with goals for use of non-traditional fuels, assesses carbon management legal issues and addresses alt fuel tax credits.

Montana

D 298 (Failed), H 255 (Failed): Increase the state's existing renewable portfolio standard.

South Dakota

S 120 (Failed), S 57 (Enacted - Chapter 241): Allows energy efficiency and conservation to count toward the state's renewable and recycled energy objective.

Texas

S 435 (Failed): Statewide goal for electric energy generation during peak load periods from renewable energy technologies.

S 436 (Failed): Statewide goal for baseline electric energy generation from renewable energy technologies.

H 239 (Failed): Study of the proportion of the State's electric energy that can be generated using renewable energy technology.

Virginia

H 1994 (Enacted - Chapter No. 744): Would increase the state's renewable portfolio standard to 15%. 

Washington

H 1693 (Pending - Carryover): Creates a waiver from renewable energy targets related to integration into the electrical grid.

West Virginia

H 2682 (Failed), S 297 (Failed): Creates an Alternative and Renewable Energy Portfolio Standard. Eligible Alternative energy sources include advanced coal technology, coal bed methane, fuel produced by a coal gasification or liquefaction facility, synthetic gas, Integrated Gasification Combined Cycle technologies, waste coal, tire-derived fuel, pumped storage hydroelectric projects, and other sources the regulatory commission may designate. Renewable sources include wind, solar, and other typical sources.

 

Tax Incentives

Arizona 

H 2248 (Failed): Tax incentives for green technology and manufacturing.

H 2341 (Vetoed by Governor): Production tax credit for solar, wind and biomass resources.

S 1403 (Enacted - Chapter No. 96): Income, property tax incentives to encourage renewable, high-wage industries.

Colorado 

H 1035 (Enacted - Chapter No. 371): Establishes sales and use tax refunds for renewable energy-related companies. 

Hawaii 

H 611 (Pending - Carryover), S 199 (Enacted - Act No. 178): Repeals some tax credits for renewable energy. 

 

Bonding Authority, Grants and Loans

California

AB 64 (Vetoed): Establishes the Renewables Infrastructure Authority to issue revenue bonds for financing of projects and programs to build eligible renewable energy resources and electric transmission lines to deliver the electricity generated to retail customers; establishes renewable energy designation zones and transmission corridor zones. 

Florida 

S 1156 (Failed), S 1194 (Failed): Creates the Florida Renewable Energy Trust Fund within the Florida Energy and Climate Commission, to be funded through federal renewable energy grants. Another bill requires that the funds be used to support the state's existing Renewable Energy and Energy-Efficient Technologies Grant Program. 

Hawaii 

H 340 (Pending - Carryover): Establishes a renewable energy transmission authority with bonding authority for development of infrastructure.

Maryland

H 1236 (Failed): Loans for EE/RE projects that recipients can repay a specified loan through a clean energy surcharge on the owner's property tax bill. 

Michigan 

S 46 (Pending), H 4242 (Pending): Provides for loans for school districts for construction of a wind, solar or other renewable energy production system in conjunction with energy efficiency improvements that will be repaid through proceeds of a net metering arrangement with an electric utility. 

Minnesota 

H 529 (Pending - Carryover), S 617 (Pending - Carryover), S 997 (Pending - Carryover): Grants and bonds for renewable energy in schools.

New Mexico 

H 563 (Failed): Transfers the Renewable Energy Transmission Bonding Fund and the Renewable Energy Transmission Authority Operational Fund from the State Treasury to the existing New Mexico Renewable Energy Transmission Authority. 

New York

A 2448 (Pending): Allows schools to bond for renewable energy sources.

 S 1636 (Pending): Provides small businesses with grants of up to $100,000 to commercialize energy and environmental technology innovations and ideas in-state to stimulate economic development. 

 

Renewable Energy Zones 

Hawaii 

H 619 (Pending - Carryover), H285 (Pending - Carryover): Directs the PUC or state agencies to study renewable energy generation and transmission zones. 

Iowa

D 1348 (Pending - Carryover), H 412 (Pending - Carryover), H 122 (Enacted - Signed by Governor): Green energy zone program with the objective of identifying areas of the state with maximum alternate and renewable energy generation potential and applying specialized regulatory requirements intended to promote alternate and renewable energy production, transmission, and distribution. 

Illinois 

H 3646 (Pending): Establishes Renewable Energy Production Districts.

Vermont 

H 139 (Pending - Carryover): Allows municipalities to establish, upon approval, green growth zones, in which power will be generated by a renewable energy source and supplied to housing or commercial enterprises within the zone at discounted rates.

 

Requirements for Access to Renewable Energy

Hawaii 

H 126 (Pending - Carryover): States that wind energy systems shall be a permitted use in all land use districts where structures of any sort are allowed, except for conservation districts.

H 1273 (Pending - Carryover), S 552 (Pending - Carryover), S 557 (Pending - Carryover): Affirms homeowner's right to install clotheslines on single-family dwellings or townhouses.

Virginia

S 1065 (Failed): Prohibits covenants and community associations from prohibiting property owners from installing or using a wind energy drying device on that owner's property.

S 320 (Enacted - Chapter No. 881): Voids covenants that restrict installation of use of any solar energy collection device on private property. 

Vermont

H 365 365 (Pending - Carryover), S 18 365 (Pending - Carryover): Voids covenants that restrict installation of use of any devices based on renewable energy resources, including solar collectors and clotheslines, on private property. 

 

Transmission and Distribution

Indiana 

H 1622 (Failed): Requires a person that operates an electric grid to provide priority interconnections between renewable energy facilities and the grid operator's grid, transmit on a priority basis electricity generated by renewable energy facilities that are connected to its grid, perform necessary grid upgrades to enable the interconnection of renewable energy facilities; provides for costs associated with connecting a renewable energy facility to a grid. 

Kansas 

H 2014 (Vetoed by Governor): Requires utility commission to issue RFP for proposals for an independent transmission company to manage and operate all transmission facilities.

Maine

H 38 (Failed): Requires transmission and distribution utility companies to compensate customers that generate electricity from renewable resources for any excess electricity generated by the customer beyond the customer's actual electricity usage.

New Jersey 

A 3333 (Failed-Adjourned): Directs the Board of Public Utilities to establish advanced metering infrastructure standards applicable to all electric power customers.

S 2440 (Failed-Adjourned): Establishes a Smart Grid Pilot Program and SmartGrid Technology Research Center at Rutgers University. 

New Mexico

S 498 (Failed): Enacts the rural electrification acceleration project act; creates a fund to provide electric service infrastructure to areas of the state that currently have no electric service; imposes a fee; authorizes the issuance of revenue bonds by the New Mexico finance authority. 

Rhode Island

H 5002 (Enacted - Public Law No. 2009-51), S 111 (Enacted - Public Law No. 2009-53): Creates long-term contracts between electric distribution companies and developers or sponsors of newly developed renewable energy resources.

 

Other Incentives 

Arizona

H 2332 (Enacted - Chapter No. 101): School procurement program for green energy and performance contracting.

SCR 1013 (Failed): Resolution supporting renewable sources of energy. 

California

AB 45 (Enacted - Chapter No. 404): Intent of legislature to work with local agencies to develop ordinances to encourage small wind development. 

Hawaii

S 1186 (Pending - Carryover), S 148 (Pending - Carryover), H619 (Pending - Carryover): Directs counties to require the installation of solar thermal energy systems for new residential developments with 6 or more single-family dwellings or multi-family units.

H 816 (Pending - Carryover): Prohibits any new electric generation facilities that use fossil fuels.

H 1836 (Pending - Carryover): Requires retrofits to solar water heaters on existing homes.

H 487 (Pending - Carryover): Establishes electric generation and delivery initiatives necessary for and contributing to the transition of Hawaii's energy sector to 70% non-petroleum energy sources by 2030.

Maryland

H 1312 (Failed): Performs some reregulation of the electric industry, with exceptions for onsite renewables, generation under 30 MW.

H 1229 (Failed): States that the need for new generation should first be met through renewable energy sources.

H 268 (Enacted - Chapter No. 385): Directs federal stimulus funds to be spent in part on renewable energy sources. 

Maine 

H 164 (Failed): Concerns the siting of wind energy developments; grants the state-level wind power siting authority, which is the Department of Environmental Protection or the Land Use Regulation Commission depending on the location of a given wind power development, sole jurisdiction for approving the construction and initial operation of a wind energy development; prohibits any other state or local governmental entity from requiring any approval, permit or other conditions.

Minnesota 

S 5 (Pending - Carryover), H 5 (Pending - Carryover), H 164 (Pending - Carryover): Requires a state plan for a green infrastructure and facilitates provision renewable energy for public schools, green industrial parks, and a solar certification library.

Montana

S 403 (Vetoed by Governor): Increases the time the Public Service Commission has to act on a petition from a utility or qualifying small power production facility, allows electricity from an eligible renewable resource purchased by a public utility from a qualifying small power production facility to be used to meet the community renewable portfolio standard.

Nebraska 

L 561 (Enacted - Signed by Governor): Restricts eminent domain for wind projects.

L 439 (Pending - Carryover): Home Energy Alternatives Act encourages all Nebraskans to utilize renewable energy sources in their homes and businesses.

New Hampshire

H 395 (Enacted - Chapter No. 236): Require utilities to offer a renewable default service option.

New Jersey

S 2265 (Failed-Adjourned), A 1558 (Enacted - Chapter No. 33): Requires developers to offer solar energy systems in certain new home construction.

New Mexico

SJM 33 (Adopted): Requests congress to include appropriations in the national stimulus package for, and to recognize the importance of, New Mexico's pivotal role in the national energy strategy for economic recovery.

S 647 (Enacted - Chapter No. 2009-180): Authorizes municipalities and counties to create renewable energy financing districts.

 

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