Public Policy – Page 16 – Global Power Law & Policy

Australia’s Emissions Reduction Fund Legislation Receives Royal Assent

Dec 02 2014

On 25 November 2014 the Carbon Farming Initiative Amendment Act 2014, which puts in place the Emissions Reduction Fund (ERF), received Royal Assent and is now law. The ERF is the cornerstone of the Australian Government’s Direct Action Plan climate change policy for the reduction of greenhouse gas emissions. It will provide $2.55 billion in financial incentives over four years for companies to voluntarily reduce emissions. The Government says its Direct Action Plan climate change policy will mean that Australia will meet the 5 percent emissions reduction target by 2020.

Renewable Energy Tax Incentives At Risk in Lame Duck

Nov 11 2014

Tax incentives for renewable energy could be at serious risk in Congress’ upcoming lame duck session. Reports indicate that Senator Pat Toomey (R-PA) and other conservatives plan to try to block renewable incentives from being included in a year-end “tax extenders” package. Read More

New South Wales Government passes new laws giving electricity network operators additional powers for bush fire prevention

Nov 11 2014

The New South Wales parliament has recently passed an act amending the Electricity Supply Act 1995 (NSW) to give special powers to electricity network operators in relation to bush fire prevention on bush fire prone land that is privately owned.

The Electricity Supply Amendment (Bushfire Hazard Reduction) Act 2014 (Amendment Act) provides that a network operator may give the owner or occupier of privately owned bush fire prone land a written direction requiring the owner or occupier to carry out bush fire risk mitigation work on vegetation or aerial consumer mains (being privately owned powerlines) on the land in several circumstances, including where the network operator has determined that the vegetation could make the network operator’s electricity works or aerial consumer mains become a potential cause of bush fire or where a fault in the aerial consumer mains could make them become a potential cause of bush fire.

A landowner will have 30 days to respond to a direction and must complete the required work within 60 days after the direction is given. Network operators are authorised to enter premises and do the required work if an owner fails to comply with a direction.

Significantly, directions given under the new provisions override requirements under other legislation to obtain a consent or authorisation prior to carrying out certain work (including clearing vegetation) as the Amendment Act specifically provides that work required to be done under a direction will not require development consent under the Environmental Planning and Assessment Act 1979 (NSW) or an approval or consent under certain other legislation, including the Native Vegetation Act 2003 (NSW).

The Amendment Act also addresses responsibility for the costs of complying with a direction – which will be the responsibility of the landowner in some circumstances and the network operator in others.

2014 Election Guide: A Guide to Changes in Congress

Nov 05 2014

Riding a wave of voter discontent, Republicans in the mid-term election took control of the U.S. Senate and increased their majority in the House. The results offer an opportunity for collaboration between the Congress and the Obama Administration, and to restart the legislative process.

To help you assess yesterday’s election, K&L Gates has prepared a comprehensive guide that summarizes the results and their impact on the 114th Congress, which will convene in January. The Election Guide lists all new members elected to Congress, updates the congressional delegations for each state, and provides a starting point for assessing the coming changes to the House and Senate committees.

Please click here to download the most up-to-date version of the 130 page Election Guide, which will be updated on an ongoing basis as more of the close races are called and committees are finalized. For additional information regarding the effects of the recent elections, please contact Tim Peckinpaugh or any member of the Public Policy and Law practice.

To view the complete guide online, click here.

Additional Resources

Further insights on the implications of the mid-term elections can be found in two recent webinars featuring members of the K&L Gates policy team. See the links below.

The Mid-Term Elections: What They Mean for Major National Policies

Election 2014: Its Impact on Federal Policy-Making in 2015

Emissions Reduction Fund passes Senate in Australia

Oct 31 2014

On 31 October 2014, the Australian Senate passed the Carbon Farming Initiative Amendment Bill 2014 (Bill) which puts in place the Emissions Reduction Fund (Fund). The Fund is the cornerstone of the Australian Government’s Direct Action Plan climate change policy for the reduction of greenhouse gas emissions. It is comprised of $2.55 billion over four years to provide financial incentives for companies to voluntarily reduce emissions. The Government says its Direct Action Plan climate change policy will mean that Australia will meet the 5 percent emissions reduction target by 2020.

As last minute amendments were made to the Bill before being passed, the Bill will now return to the House of Representatives for approval before it is presented to the Governor-General for assent.

A White Paper on the Fund was released on 24 April 2014 with the intention of providing details and policy decisions regarding the Fund. Please refer to our earlier Legal Insight dated 19 May 2014.

California To Reduce Power Demand Through New Demand Response Program

Oct 21 2014

In late August 2014, the California Assembly and Senate unanimously voted in favor of Senate Bill 1414 (“SB 1414”), which was introduced by Senator Lois Wolk and co-authored by Assembly Members, Kevin Mullin and Das Williams[1]. On September 29, 2014, California Governor Jerry Brown signed SB 1414 into law. SB 1414 requires utilities to adjust their resource adequacy[2] plans and utilize cost-effective demand response (“DR”) programs to change their demand for electricity during key times. In exchange for adjusting their electricity consumption, participating DR customers will receive incentives for providing a clean resource to the grid. The reduced demand for electricity will require less generation, which in turn will reduce the need for new power plants and help integrate renewable sources of energy. Read More

Blumenauer Introduces Energy Tax Extenders Bill, Includes a Sought-After Amendment for Solar

Sep 24 2014

On Thursday, September 18, Rep. Earl Blumenauer (D-OR) led a group of 18 House Democrats in introducing the Bridge to a Clean Energy Future Act of 2014 (H.R. 5559). The bill would extend several energy tax incentives—many of which Congress allowed to expire at the end of 2013—through the end of 2015. The bill would also extend the production tax credit (PTC), as well as the election to receive an investment tax credit (ITC) in lieu of the PTC, for facilities producing energy from renewable resources through the end of 2016. Read More

Phase I of CA 2030 Low Carbon Grid Study Completed: 50% GHG Reduction Feasible; Energy Storage to Play a Key Role

Sep 04 2014

Last week, the National Renewable Energy Laboratory (NREL) began releasing the results of Phase I of the California 2030 Low-Carbon Grid Study, which is designed to show how the electric sector can most cost-effectively support California’s ambitious GHG emissions goals. The study is generally referred to as the “Low Carbon Grid Study” or “LCGS” by NREL and the approximately 30 companies, foundations and trade associations that participated in the study. Read More

Release of Expert Panel Report on the Renewable Energy Target in Australia

Sep 03 2014

On 28 August 2014, the Expert Panel on the Renewable Energy Target (RET) released its long-awaited Report on the RET scheme in Australia, recommending that both the Large-scale Renewable Energy Target and the Small-scale Renewable Energy Scheme be modified through a number of proposed options. Under the more drastic of these proposals, the Panel recommended that the LRET be closed to new entrants, and that the SRES be abolished immediately.

To read the full alert, click here.

IRS Attempts to Clear the Air with Additional Guidance on Renewable Energy Tax Credits

Aug 14 2014

On August 8, 2014, the IRS issued Notice 2014-46, which provides guidance on several issues relating to the implementation of recent changes to the renewable electricity production tax credit (PTC) under Section 45 of the Tax Code and the energy investment tax credit (ITC) in lieu of the PTC under Section 48. In particular, the Notice addresses the manner in which taxpayers can satisfy the “physical work” test and the effect of various types of transfers of ownership after the construction of a facility has begun. In addition, the Notice modifies the 5% safe harbor test included in previous notices. In light of the issuance of the Notice, the IRS says it will not issue private letter rulings on the topics addressed in the Notice.

Catagory:Public Policy