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Of the States with standards, nearly all had achieved compliance by 2011. Only California, Massachusetts, New Hampshire, New Mexico, New York and Rhode Island were short.
Compliance almost fully achieved.
Status of RPS Programs and Attainment
RPS Compliance Status
Source: Lawrence Berkeley National Laboratory, RPS Compliance Data Spreadsheet, May 2013
Currently, “overshoot” expected due to stronger than expected growth in energy efficiency (lower loads), high project success rate, and a huge wave of solar PV installed before reduction of the ITC at the end of 2016.
In California, committed procurement may exceed need.
» American Tradition Institute v. Colorado and the Colorado RES
– Colorado RES contains carve-outs for distributed generation and multipliers for RECs associated with in-state renewable energy o Distributed generation in Colorado of 3% by 2020.
o 1.25x – 2.0x multipliers for renewable resources in Colorado
– 2013 legislation (SB 252) eliminated the in-state DG preference and multipliers
– Case still active, motions for summary judgment, May 24 pre-trial hearing deferred
» TransCanada claim against the Massachusetts RPS
– Distribution companies must buy renewable energy generated within the jurisdictional boundaries of the Commonwealth
– TransCanada sought to import wind energy from Maine
– After TransCanada’s complaint, Massachusetts issued emergency rules dropping the in-state requirement and grandfathering pre 2010 solar contracts
ATI claim still active, TransCanada has been settled.
» In Rocky Mountain Farmers Union v. California’s Low Carbon Fuel Standard (LCFS)
– California’s carbon life-cycle analysis of fuels includes the cost of transportation to California
– Eastern District of California determined that California’s LCFS discriminated against interstate commerce and violated the Commerce Clause
– The Ninth Circuit reversed the decision, recognizing that California favored California fuels but holding that California’s actions were nevertheless permissible under the Constitution
– Groups have now petitioned the Supreme Court to re-hear the lower court’s ruling
Rocky Mountain Farmers petitioned to the Supreme Court.
Commerce Clause Challenges
Although not directly related to RPS, a finding of discrimination in the
LCFS by the Supreme Court would set a strong precedent for
» Research has shown that WTGs are a relatively minor cause of bird mortality
– Collision with blades and towers
– Small songbirds and bats
» Solar plants are an emerging cause
» Endangered Species Act
– Incidental Take Permits
– Habitat Conservation Plan
» Migratory Bird Treaty Act
Avian mortality still an issue.
Avian Mortality
Source: Calvert, A. M., C. A. Bishop, R. D. Elliot, E. A. Krebs, T. M. Kydd, C. S. Machtans, and G. J. Robertson. 2013. A synthesis of human-related avian mortality in Canada. Avian Conservation and Ecology 8(2): 11.
» Recent legal action over avian mortality at wind projects
– Duke Energy Renewables - $1 million fine under the Migratory Bird Treaty Act (MBTA) for 14 golden eagle mortalities within the past 3 years
– NaturEner - $285 million Sempra tax equity investment jeopardized due to lawsuit by SDG&E (REC purchaser) that obligations to protect birds and bats not met
– EDF Renewables - $400 million contract cancelled by Xcel due to lack of timely resolution of Incidental Take and Habitat Conservation Plan issues
» Mitigation Measures
– Radar technology to detect birds on or near the site
– Field monitoring and shut down of turbines upon bird sighting
– Curtailment of turbines during periods of high flight activity
– Removing rock and debris piles that attract prey
Legal action and losses have mounted, putting pressure on mitigation measures.
– Ivanpah Thermal Power Tower - solar flux attracts insects, then insect-eating birds hurt by 750-900 degf heat
– Genesis Thermal Trough, Desert Sunlight PV - impact trauma with the panels, leaving birds vulnerable to resident predators
– No enforcement action….yet
» Mitigation measures
– Retrofit visual cues (UV-reflective or solid contrasting bands) into panels, suspend tower operation during peak migration times, avoid vertical orientation of mirrors during washing, perch deterrent devices
Avian mortality a growing issue with large-scale solar.
Avian Mortality
Plant Number of Bird
Deaths Observed
Genesis (trough) 31
Desert Sunlight (PV) 61
Ivanpah (Tower) 141
Source: National Fish and Wildlife Forensics Laboratory, “Avian Mortality at Solar Energy Facilities in Southern California: A Preliminary Analysis”, Rebecca A. Kagan, Tabitha C. Viner, Pepper W. Trail, and Edgard O. Espinoza.