Energy storage on track to best 2015’s record-setting growth including residential

Posted by Laura Arnold  /   October 12, 2016  /   Posted in solar  /   No Comments

After a banner year, energy storage on track to best 2015's record-setting growth

Navigant Research's third quarter report sees a growing role for residential installations

Responsible Wind advocacy group formed in Indiana; Meeting 10/15/16 in New Castle

Posted by Laura Arnold  /   October 11, 2016  /   Posted in wind  /   No Comments

Responsible Wind advocacy group formed

NEW CASTLE — A group of concerned citizens have joined together to form Responsible Wind, an Indiana based non-profit organization dedicated to educating the public on issues that may arise in communities that are or may become home to industrial wind development.

“It is important that people understand the issues that come with industrial wind plant development,” Responsible Wind Executive Director Melissa Elmore said. “Area residents should be aware of their local wind energy conversion systems ordinances and zoning laws. Many communities find out too late that they have no protection from improper turbine siting and excessive noise levels due to inadequate setback laws. We want to provide information to help communities ensure wind power plant development is implemented in the right way to protect local citizens.”

The group plans to host a series of educational events on industrial wind development beginning with an Oct. 15, 2016 program called Word on Wind: Sound & Noise. The program will take place at Bundy Auditorium, 601 Parkview Drive, New Castle, IN 47362. The time of the event is 5 to 7 p.m. The public is invited to attend.

About Responsible Wind

Responsible Wind educates communities on industrial wind development, commonly known as wind farms. We are a group of citizens who believe that the safety of area residents is of utmost importance. Our efforts are focused on ensuring citizens are informed, prepared, and able to act effectively to protect their homes and surroundings with responsible wind energy practices. Responsible Wind is an Indiana based 501(c)3 non-profit organization. All donations are tax deductible. More information is available at www.responsiblewind.net.

MO PSC approves Ameren’s 500 kW community solar project

Posted by Laura Arnold  /   October 11, 2016  /   Posted in Uncategorized  /   No Comments

ameren-missouri-logo

Missouri regulator approves major utility’s community solar plan

Community solar, already growing in popularity among Missouri’s rural electric cooperatives, now is coming to the state’s largest investor-owned utility.

Another of the state’s large utilities has indicated it may follow suit.

The Missouri Public Service Commission last week approved Ameren Missouri’s proposal to build one, and possibly two, 500-kilowatt solar arrays. Ameren’s residential and small-business customers will have the option of tapping the community array for as much as half of the energy they use.

“I think it sends a very good signal to industry and consumers that utilities are starting to invest more in renewable energy, and are allowing customers to invest in it also,” said Caleb Arthur, chief executive officer of Missouri Sun Solar and president of the Missouri Solar Energy Industries Association.

“The utilities now are getting pressure from every direction to become more sustainable over the long term. Pressure from customers, regulators, and EPA changes – all of these things are are writing on the wall so the utility is saying, ‘we better start building out solar.’ ”

Large corporations including WalMart, Target, Cargill and Unilever have expressed their desire to power their Missouri operations with renewable power, Arthur pointed out. And when the solar industry conducted a poll last year, he said, “Seventy percent of Missourians were saying, ‘we want more solar options, and more solar in our state.’”

Missouri derives 80 percent of its power from coal, and less than 1 percent from solar.

Ameren declined to comment on the project. The company has indicated that it will only begin construction on the first 500-kilowatt array after it is fully subscribed. Whether the project tops out at 500 or 1,000 kilowatts will depend on the level of interest among customers.

Subscribers will purchase solar power in blocks of 100 kilowatt hours. Electricity from the solar panels is likely to cost slightly more than Ameren’s going retail rate, according to Andrew Linhares, an attorney for Renew Missouri, which negotiated with Ameren to determine the specifics of the project. Although the rate hasn’t been determined, he estimated that a typical customer getting half of their power from the array might pay an extra $10 or $15 monthly.

Linhares said Ameren initially wanted to charge more, but agreed to lower the price after he and other clean-energy advocates expressed concerns about the pricetag initially proposed by the utility.

The project has been billed as a pilot, one that Linhares hopes “will be a model to other utilities, and a model that can be expanded as solar gets cheaper.” In other states – Minnesota in particular, he said – energy from utility-owned community arrays has turned out to be cheaper than the utility’s going rate, meaning, he said, that the utilities “are paying people to use solar.”

Another Missouri investor-owned utility has indicated it likely will follow suit. As part of a merger deal with Liberty Utilities, the Joplin, Missouri-based Empire District Electric Co. negotiated with Renew Missouri about including some clean-energy measures in the merger agreement. Empire consented to several initiatives involving energy efficiency, combined heat and power, microgrids and renewable energy.

Why not more solar farms on brownfields? Indiana has one now, another underway

Posted by Laura Arnold  /   October 11, 2016  /   Posted in Uncategorized  /   No Comments

unlocking clean energy value of dormant corporate properties

Unlocking Clean Energy Value in Dormant Corporate Properties

Most of those sustainability commitments rely on increased use of clean, renewable energy sources. For many companies, this means discovering ways to co-locate clean power generation at their operations or procure clean energy, carbon offsets or renewable energy credits through contractual arrangements.

At the same time, tens of thousands of industrial sites lay dormant, burdened by the stigma of either actual or perceived environmental risk from contamination. At many of the same Fortune 500 companies with lofty sustainability goals, down the hall from the sustainability officer sits the real estate function, with responsibility for legacy and dormant properties: a cost sink incurring unproductive expenditures every year managing environmentally impaired properties.

For years, lawmakers and regulators have been encouraging the use of contaminated land for clean energy development through various governmental grants, incentives and programs. The U.S. Environmental Protection Agency’s RE-Powering America’s Land Initiative tracks over 80,000 contaminated land sites on more than 43 million acres, and has developed mapping tools to help stakeholders evaluate the renewable energy potential of those sites. As of June 2016, the RE-Powering program has facilitated 179 renewable energy projects on 171 contaminated properties, landfills or mine sites in 38 states and territories, totaling 1,124 megawatts of capacity.

While there are major potential economic and energy benefits, these projects are by definition exposed to increased environmental risk. This risk has continued to ward off developers and lenders from more fully embracing the opportunity to deploy renewables at impaired sites.

The surge of interest in corporate procurement of renewable power offers a major catalyst to spark renewable energy development at these fallow properties. Companies with portfolios of unused properties may realize significant project efficiencies and cost savings by siting clean energy projects on contaminated or dormant properties.

Advantages of Developing Clean Energy Projects at Impaired Properties

Developing clean energy systems at dormant or impaired properties can offer several inherent benefits:

  • Existing Infrastructure. Former industrial or commercial properties and mine sites are typically located close to vital infrastructure, such as electric transmission (or at least distribution) lines and substations, grid interconnections, roads, railways, and water supply. Capitalizing on existing infrastructure reduces development costs.
  • Close to Energy Load. Similarly, dormant industrial and commercial properties and municipal landfills are often located near energy load demand, reducing the need for transmission infrastructure and the attendant expense and delay of securing related easements and permits.
  • Fewer Permitting, Zoning or Natural Resource Risks. Relative to developing a greenfield project, a former industrial or manufacturing location likely will have fewer environmental permitting hurdles or natural resource impairment risks and is likely already zoned for development.
  • Preferential Treatment Under State Programs. Several states encourage the redevelopment of brownfield sites through incentive policies. For example, New Jersey’s renewable portfolio standard specifically identifies brownfields and properly closed landfills as the type of sites that are qualified to generate solar renewable energy credits. Massachusetts’ Clean Energy Results Program is among the many other state initiatives supporting clean energy development on brownfields and landfills.
  • Community Support for Revitalizing Dormant Land. Municipalities and states eager to enhance their tax base generally welcome the productive re-use of contaminated land. Many states offer streamlined regulatory approvals and expedited permitting, accelerated tax deductions, and tax abatements to support brownfields redevelopment and revitalization.
  • Available Funding. Under both the EPA Brownfields program and various state programs, direct funding may be available in the form of grants and discounted long-term loans.
  • Cheap Land. Whether due to the environmental risk itself or other market reasons, by definition the land is not being developed and so can typically be acquired at a discounted price, or will present a low book value commitment on the existing corporate balance sheet.

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Risk Mitigation Strategies for Developing Impaired Properties

Despite these advantages, environmental risk – or even the perception of environmental risk – can be enough to scuttle any redevelopment, let alone one as complicated as a renewable energy project. Project developers are justifiably concerned about potential liability under the federal Superfund law (CERCLA) and liability schemes under other state and federal environmental statutes, as well as common law litigation risk.

However, various regulatory protections can substantially mitigate this risk. Combined with contractual protections offered by corporate buyers, in many cases the risk-reward balance can be shifted such that impaired property clean energy development is a viable strategy. Risk mitigation protections include:

  • CERCLA Bona Fide Purchaser and Tenant Guidance. CERCLA was amended in 2002 to provide landowner liability protections for bona fide prospective purchasers. To establish and maintain that defense, a purchaser must satisfy the “all appropriate inquiries” standard in the course of diligence and thereafter undertake “reasonable steps” to prevent releases of hazardous substances at the site. The protections subsequently were extended to tenants in EPA guidance issued in 2012.
  • State Voluntary Cleanup Programs. State voluntary programs typically offer a “no further action” letter and/or covenant not to sue once the site meets applicable criteria, often allowing for the use of risk-based clean-up standards and institutional or engineering controls, resulting in major cost savings for cleanups.
  • EPA Comfort Letters. While the EPA will not issue a “no further action” letter as some states will, the EPA may provide a “comfort letter” setting forth information known to the EPA about a site to give the developer some certainty that enforcement risk is low.

Even with these liability protections, however, a developer cannot completely eliminate environmental risk when developing impaired property. Therefore developers are best served by working with creditworthy counterparties who can retain and indemnify them for pre-existing contamination, and ensuring full attention to deal provisions allocating such risks.

Corporate Procurement Strategies Could Spur Clean Energy Redevelopment

Dormant corporate properties are low-hanging fruit for corporate procurement. The corporate owner already has the liability for the underlying contamination. Provided the owner is sufficiently creditworthy and willing to indemnify the developer and EPC contractor, the path forward for clean energy development is open.

Some companies are hesitant to allow development of impaired properties for fear of exacerbating existing conditions or potentially triggering further scrutiny or investigation. However, corporate strategies to procure clean energy can provide a compelling framework to overcome that hesitation.

Clean energy projects typically are developed either by (1) co-location of a clean energy system in proximity to an operating asset, or (2) contracting with a third-party project for the purchase of electricity through a corporate power purchase agreement (PPA). Use of impaired properties can create an advantage in either of these models. Prospective corporate buyers may be able to obtain more favorable pricing under a PPA, reduce overall project costs, and revitalize blighted properties by allowing the underlying project to be sited at one of their own impaired properties.

Co-location

Many industrial and manufacturing sites have adjacent contaminated property in the “back 40” which could be used to site a clean energy system. Co-locating a renewable energy project provides an opportunity to power existing operating assets at predictable and reduced energy costs. Companies may realize an additional revenue stream if they can sell excess energy back to the grid under state supported net-metering programs or to a third party under a virtual net-metering agreement. Within this structure, the corporate owner could either contract directly with an EPC contractor to construct the system for it or lease the surface of the contaminated land to a third-party developer who would construct, own and operate the project. The property owner would retain liability and indemnify the EPC contractor or tenant/developer for any pre-existing contamination.

Corporate PPAs

Corporate PPAs allow the buyer to procure clean energy directly from third parties regardless of whether the project is located next door, in the same regional energy market or even further afield.
The corporate sustainability officer willing to walk down the hall to their property manager may discover that the company has sizeable properties suitable for siting a renewable energy project from which they can procure power on more favorable terms than third-party sites – while also reaping the social, environmental, public relations and financial benefits of restoring a dormant property to productive use. If they have properties with adequate renewable energy potential, then they may be able to contribute the underlying property (or at least the surface rights) – either by sale or lease – to the clean energy project, thereby reducing development costs in exchange for either rent or extracting more favorable pricing in the PPA. In addition to converting the blighted property into a productive asset and generating value for the business, the company also will win points with the state and local community by converting a dormant property to a sustainable use.

Property owners and developers should be prepared to spend time analyzing the resource potential of the property, the scope of any residual contamination, the risk associated with subsurface development and the engineering feasibility. This leg work is inherent in any development project and the good news is that the often complicating factor – the environmental condition – already may be well understood.

Resources like the EPA’s RE-Powering initiative can provide helpful tools to assess the potential of particular contaminated properties for development. Even where the acreage or energy potential (e.g., wind, sunlight, hydro or geothermal resources) may be inadequate for renewable energy development, other technologies like combined heat and power or waste-to-energy systems may be well-suited. Owners may be surprised to learn of the opportunities to monetize their dormant properties. For example, solar projects can require as little as roughly five acres to be financially viable, and most U.S. regions meet the minimum resource potential of 3.5+ kilowatt hours per square meter per day necessary to generate cost-effective solar power.

Conclusion

Redevelopment of contaminated land has been slow to gain momentum under existing EPA and state programs. However, the confluence of corporate purchasing of renewables with brownfields protections can unlock major value for companies with an inventory of dormant properties. Through diligent investigation and creative approaches to risk mitigation, companies can achieve sustainability goals while realizing substantial economic and energy reliability benefits.

Co-Authored by Hayden Baker, Van Hilderbrand, and Jim Wrathall


Jeffrey Karp

Jeffrey M. Karp is a partner in Sullivan & Worcester's Washington, D.C. office, where he heads the firm’s Environment & Natural Resources Group. The Group includes the following fields of practice: environmental compliance & litigation; climate-related business & technology; renewable energy & energy efficiency; water resources & conservation; pesticides & bioagra; and energy, infrastructure & finance. The Group brings together practitioners from across the firm’s legal disciplines in its offices in Boston, New York, Washington, D.C., London and Tel Aviv.

Mr. Karp’s practice focuses on assisting clients in resolving complex regulatory matters and high-stakes business disputes, and engaging in cutting-edge technology transactions. He advises clients on the full range of environmental regulatory compliance issues under federal and state laws, and provides defense in government investigations and enforcement actions. He also represents clients in litigating and resolving disputes under a variety of federal and state laws, and claims arising from transactional agreements.

Mr. Karp advises companies seeking to participate in water, renewable energy, and clean technology transactions and projects worldwide, with an emphasis on assisting Israeli companies seeking to commercialize their products, services, and technologies. Mr. Karp also has substantial experience assisting clients in addressing legal, contractual, and regulatory issues arising during the development of large-scale infrastructure projects, including obtaining government authorizations and negotiating project agreements.

Before entering private practice in 1990, Mr. Karp served as an environmental prosecutor at the U.S. Department of Justice where he litigated and supervised enforcement cases involving a variety of environmental laws.


Indiana ranks 42nd on Energy Efficiency since eliminating its standard in 2014

Posted by Laura Arnold  /   October 11, 2016  /   Posted in cogeneration/CHP  /   No Comments

aceee-map

How Midwest states are pursuing efficiency amid trend against mandates

PHOTO BY

While the political landscape in Midwest states shows a growing reluctance to mandate utility spending on energy efficiency, some states are still gaining ground in reducing energy use by approaching it from different sectors.

The American Council for an Energy Efficient Economy’s latest energy efficiency scorecard — a national grading system of states with the strongest efficiency policies in place — shows the Midwest region all over the map, from states in the top 10 (Minnesota) to dead last (North Dakota).

But advocates say the evolving criteria for grades mean more efforts are being taken into account beyond traditional statewide efficiency standards requiring utility investments. While states like Minnesota are still seen as having strong, years-long efforts, others are increasingly recognized for efforts in sectors like combined heat and power, transportation and building codes.

“The scorecard is always an evolving document,” said Stacey Paradis, executive director of the Midwest Energy Efficiency Alliance. “The (ACEEE) has a lot of points set up to particularly favor mandated standards, but the nice thing about this year is they also did recognize states that aren’t in a mandate environment but are increasing their investment in efficiency.”

Missouri, for example, is recognized for having the “most dramatic improvement” among states this year, moving up 12 rankings, despite relying on voluntary goals rather than a dedicated energy efficiency resource standard.

Beyond utility savings, Missouri also gained points in the transportation sector, combined heat and power, state government-led programs, enabling Property Assessed Clean Energy financing and for working with the Midwest Energy Efficiency Alliance to develop a compliance study of residential building codes.

“In addition, efforts to strengthen energy efficiency are a cornerstone of Missouri’s recently released 2015 Comprehensive State Energy Plan, which lays out a roadmap to continue to build upon the state’s success,” the report says.

Moving away from mandates

Despite the distance on the scorecard between Indiana (42), Ohio (29) and Michigan (11), each has shown how state politics are driving policies away from clean energy mandates. For Plains states, standards have generally remained off the table.

Indiana — for a variety off reasons — eliminated its efficiency standard in 2014; Ohio’s has been on hold since 2014, though Gov. John Kasich has threatened to veto any plan to eliminate it.

[See article below for more details on Indiana.]

In Michigan, lawmakers for over a year have drawn up proposals that would make efficiency spending part of an Integrated Resource Plan. Gov. Rick Snyder’s administration, however, simply wants to see efficiency play a major role in its plan to cut emissions.

Paradis said a “big clip” of states that adopted standards between 2007 and 2010. The Republican wave election of 2010 — which included conservatives regaining the governor’s office in Ohio, Michigan and Wisconsin — marked a turning point, advocates say.

“We have had a lot of political change since then — a lot of new governors and, in particular, a change in state legislatures with the rise of the tea party. Generally speaking, it’s not opposition to energy efficiency, just mandates of any kind. It has made the environment less hospitable to those policies,” Paradis said.

But state regulators can still intervene and decide on cost recovery mechanisms and other incentives to encourage investing, a criteria that’s included in the ACEEE scorecard.

“There is more talk that way,” Paradis said. “We recognize the political environment in the Midwest.”

However, others say abandoning efficiency standards won’t produce the same cost-saving and emission-reducing outcomes.

“Indiana is a real good example of states that have taken a significant step backward in the past couple of years,” said Martin Kushler, a senior fellow for ACEEE who is based in Michigan. “They are probably the most noteworthy in the Midwest and their experience is very instructive.”

Kushler added that Ohio is in a “somewhat similar situation” by freezing its clean energy standards.

“States with an EERS policy in place have shown average energy efficiency spending and savings levels more than three times as high as states without an EERS policy,” the report says.

Paradis added: “There is just not as much certainty when you don’t have a mandate in place.”

In Michigan, Kushler and the Snyder administration have advocated for eliminating the 1 percent spending cap as part of the electric efficiency standard.

“It restrains the ability to save much more than the standard requires,” Kushler said. “It makes no sense to cap spending on the least expensive” form of energy.

Additionally, Michigan lawmakers are considering extending decoupling mechanisms and other financial incentives for utilities that invest more in efficiency.

Other ways of investing

States are also credited in the ACEEE scorecard for policies related to transportation, building codes, combined heat and power, and appliance and equipment standards.

While the top-ranking states pursuing these sectors are generally on the East and West coasts, Paradis said they are a growing trend in the Midwest.

Missouri, Illinois and Michigan — which has moved up 22 spots since its 2007 ranking — were each recognized for a greater focus on efficiency requirements in building codes.

Combined heat and power, or CHP, is another sector considered in the ACEEE scorecard.

“While CHP is known for its energy efficiency benefits, few states actively identify it as an energy resource akin to more traditional sources such as centralized power plants,” the report says.

Minnesota and Illinois ranked highest in the Midwest for CHP-friendly policies, which include interconnection and recognition within the overall efficiency standard. Paradis says converting to CHP as a power source, though, comes with a caveat.

“The issue that comes up with CHP is that some consider it fuel-switching to natural gas, which is a big issue,” she said. “We leave it to regulatory bodies to determine what the function of CHP is and follow their lead.”

‘We’ll continue to see improvement’

Rounding out the Midwest and the ACEEE scorecard as a whole are the Dakotas and Kansas, which have stayed at the bottom of the pack for years.

Those states gained a few points on the scorecard related to transportation, building codes, CHP and state government-led initiatives.

At this point, though, advocates see those states more as educational opportunities for policymakers on “what’s doable” and perhaps starting with pilot programs absent efficiency standards, Paradis said.

“Overall, we’re happy. There’s always work to be done in the Midwest. There are some great models of things happening here that rival things on the coast,” Paradis said, referring to programs in Illinois, Minnesota and Iowa. “We just need to keep working to spread to the rest of the states.”

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Before being dismantled, Indiana’s efficiency program was effective

“Bittersweet” is how Citizens Action Coalition Executive Director Kerwin Olson described a recent performance report for Energizing Indiana, an energy efficiency program that was canceled during its third year of existence, by state legislation hastily passed in spring 2014.

“I told you so” may be the more blunt sentiment from many clean-energy and energy efficiency advocates.

That’s because the report, done by the independent company GoodCents, showed that Energizing Indiana resulted in energy savings of about 11 million megawatt hours, significant cost savings and created almost 19,000 jobs.

“The evidence clearly displays that the programs were incredibly cost-effective, generating significant cost-savings for customers,” said Olson. “And perhaps the biggest implication here was the impact on jobs and the impact on customer utility bills.”

Republican legislators pushing a bill to end the program argued that the energy efficiency mandates that drove it were too expensive. That bill, SB 340, also quashed the energy efficiency targets that had been set for utilities and ended the role of an independent administrator (GoodCents) to evaluate the programs.

The Indiana Utility Regulatory Commission created Energizing Indiana through a 2009 order after an extensive process involving state legislators and with the support of then-Gov. Mitch Daniels, a Republican. It was the first program of its type to be shuttled by a state legislature.

Republican Gov. Mike Pence did not sign SB 340, but he also declined to veto it,allowing it to become law.

Rep. Matt Pierce, a Bloomington Democrat and also an opponent of SB 340, said the recent Energizing Indiana report “just validates” what advocates said in defense of the original program.

“The current [House] majority is not very interested in science or facts, they’re pretty much driven by ideology.”

“The current [House] majority is not very interested in science or facts, they’re pretty much driven by ideology,” he continued. “They just did not like the idea of government being proactive in promoting energy efficiency.”

Impressive results

The report filed with the IURC on June 9 quantifies Energizing Indiana’s impact in its third year and over the course of the program. It covers the utilities Duke Energy, Indianapolis Power & Light, Indiana Michigan Power Company, Northern Indiana Public Service Company and Vectren.

Energizing Indiana consisted of five components: home assessments, weatherizations for low-income households, energy efficiency for schools, discounts for more efficient residential lighting and commercial and industrial rebates for efficiency investments.

The report found that overall the program was cost-effective and all of the individual components were also cost effective in their own right, with the exception of the low-income weatherization program.

In the second year the school program, which includes an education component, was not cost-effective, but by the third year it was.

The commercial and industrial rebates drove about half of the energy savings, the report found, and the lighting program accounted for about a quarter of the savings. The analysis took into account “freeriders” who would have made efficiency improvements even without the program, and “spillover savings” that were not part of the Energizing Indiana program but were influenced by it.

The report notes that its estimate of spillover savings was conservative, meaning the true savings could have been greater. The analysis also accounted for jobs that could have been lost because of the effects of the program.

Job creation

To measure employment impacts, the study used three different approaches drawn from other accepted studies.

The report notes that Energizing Indiana created direct jobs in the administration and implementation of the program. Indirect jobs were created in manufacturing, delivering, installing and otherwise meeting increased demand for energy-efficient products that were purchased thanks to the program. For example, the program would have created jobs for people installing insulation or new windows.

Finally, the report notes, “As energy-efficient products are used, energy is saved, causing the customer’s facilities to be more efficient, reducing energy bills. This allows those cost savings to be spent in ways that produce jobs.”

While the utility and power-generation industries and the jobs they support could have been hurt by the program, the report explains that dollars saved on bills have a greater economic ripple effect than the amount paid to the utility company through bills.

“The dollars saved by participants who use less energy do not enter the utility industry via the payment of a utility bill but instead are spent in the more labor-intensive industries associated with discretionary spending (clothing, food, education, home repair, retail sales, etc.),” the report says.

Moving backwards

The Energizing Indiana analysis found that the cost of saved energy, or CSE, was less than 4 cents per kilowatt-hour. This is a positive finding and in line with similar programs around the nation, according to Marty Kushler, senior fellow at the American Council for an Energy-Efficient Economy.

ACEEE’s 2014 analysis of utility energy efficiency programs in 20 states across the nation found an average CSE of 2.8 cents per kilowatt-hour. It also noted: “Electricity efficiency programs are one half to one third the cost of alternative new electricity resource options such as building new power plants.”

“This was a very high-quality evaluation,” Kushler said of the Energizing Indiana report. “It was noteworthy within the industry for the process. Indiana should be congratulated for setting up that evaluation process and for the positive results that were seen. It’s definitely backward to have done away with these programs. Canceling the program was not at all a data-based decision, it was a philosophical objection.”

Kushler recently made similar comments to Midwest Energy News about active legislative attempts in Michigan to do away with its energy efficiency program, despite findings from state regulators that the program saves ratepayers nearly $4 for every dollar spent. The two states appear on a similar course to replace efficiency standards with utility-driven programs, which clean-energy advocates say would weaken efficiency programs.

ACEEE publishes an annual scorecard judging states’ commitment to energy efficiency. In 2014, Indiana ranked 40th — a tumble of 13 spots from the year before driven largely by SB 340, the scorecard notes.

A troubling history

SB 340 was originally written to allow industrial users to opt out of energy efficiency programs. It was later amended to end the entire program and passed with no debate in the legislature and with no public input.

Large industrial companies had been the primary funders of the energy efficiency programs carried out under the bill: Residents had seen an increase of $2 or $3 per household per month.

It appeared to local experts that utility companies were driving the bill, presumably seeking to be released from the requirement that they make “good faith” efforts to reduce demand by 2 percent by 2019.

“It was a horrifically bad idea to not at least wait for a report of any kind, to not at least study the program, study the impacts of the commission order that created the resource standard, like other states have done prior to taking this drastic step,” Olson said.

“It’s clear that energy efficiency has tremendous impacts on our economy [by] creating jobs, saving folks money. Before, we couldn’t answer the question ‘how many jobs’ [were created], but now we know. This was a horribly short-sighted, abrupt decision by the General Assembly to cancel something that was serving the public.”

The lead sponsors of SB 340 — state Rep. Heath Van Natter and state Sen. James Merritt — did not return requests for comment.

A poor replacement

Pence has said that he still supports energy efficiency as part of an “all of the above” strategy. Another bill — SB 412, signed by Pence on May 6 — is meant to be the replacement for the repealed program.

But that bill relies on utilities drafting their own energy efficiency plans and, by the end of 2017, filing three-year demand-side management plans.

But advocates say the plans submitted by utilities so far will not do much to spark efficiency improvements. The law also allows industrial customers to opt out of efficiency programs.

“Governor Pence did not push to end Energizing Indiana,” said spokesperson Kara Brooks. “The Indiana legislature pushed the bill that ended the program in 2014. Governor Pence reluctantly let the bill become law without his signature, while promising to propose a new approach in the 2015 session.

“Governor Pence kept his promise by proposing SB 412, which passed the legislature with bipartisan support. Under the new law, for the first time ever, Indiana statute will require utilities to pursue energy efficiency, codifying the importance of energy efficiency’s role in Indiana’s energy mix.”

But Olson said that replacing Energizing Indiana with SB 412 “really put the nail in the coffin of energy efficiency.”

“It’s tying the commission’s hands, putting energy efficiency programs in the hands of energy companies whose main goal is to sell energy,” he said.

Pierce noted that changing the state’s energy efficiency policies or bringing back any elements of Energizing Indiana would require legislation.

“That’s not likely to happen until we have some change in the makeup of the legislature next election,” Pierce said. “The problem with the current Republican majority is they’re very backward-looking, all about preserving the status quo, the [interests of] the utilities, the coal industry.”

ACEEE is a member of RE-AMP, which also publishes Midwest Energy News.

Copyright 2013 IndianaDG