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On November 3, 2010, California reported that 61.2% of voters in California defeated Proposition 23 (“Prop 23”).  Prop 23 would have suspended California’s Global Warming Solution Act of 2006 (“AB 32”), which requires the state to reduce greenhouse gas emissions 30 percent by 2020, until California’s unemployment rate is 5.5 percent or less for a calendar year. (see October 8, 2010 edition of the WER). 

On December 22, 2009, the California ballot initiative, Proposition 23 (“Prop 23”) was introduced by Thomas W. Hiltachk.  Prop 23 would suspend California’s Global Warming Solution Act of 2006 (“AB 32”), which requires the state to reduce greenhouse gas emissions 30 percent by 2020, until California’s unemployment rate is 5.5 percent or less for a calendar year. (see October 1, 2010 edition of the WER). 

On September 23, 2010, the California Air Resources Board (“CARB”) passed a renewable portfolio standard (“RPS”) that will require 33 percent of the electricity sold in California to come from renewable energy.   The new standard was created in response to the Governor’s Renewable Electricity Standard Order in 2009, and the state law Assembly Bill 32, the law seeking to bring emissions down to 1990 levels by the year 2020.  

On July 15, 2010, FERC ruled that sections of the Federal Power Act (“FPA”) and the Public Utility Regulatory Policies Act of 1978 (“PURPA”) do not preempt the California Public Utilities Commission’s (“CPUC”) decision to require utilities to offer a minimum price for power from certain small combined heat and power (“CHP”) generators if they are Qualifying Facilities (“QF”) under PURPA.  

On June 29, 2010, the New Jersey legislature passed S 2036, the “Offshore Wind Economic Development Act.”  The bill would create a renewable energy certificate program to require that a certain percentage of electricity sold in the state come from offshore wind projects.  Supporters estimate that the program could create at least 1,100 MW of offshore wind capacity.

On March 30, 2010, Champlain Hudson Power Express, Inc. (“Champlain”) filed an Application for a Certificate of Environmental Compatibility and Public Need (the “Application”) at the New York State Public Service Commission (“NYPSC”).  Champlain filed the Application for its Champlain Hudson Power Express Project (the “Project”).  The Project represents the latest attempt by developers to move large quantities of Canadian hydropower into lucrative East Coast markets. 

On April 5, 2010, the New York Independent System Operator (“NYISO”) released its annual New York State energy report, Power Trends 2010: New York’s Emerging Energy Crossroads (the “Report”).  The Report identified the key energy issues for New York along with several NYISO initiatives in place to address topics like energy efficiency, smart grid technology, renewable resource development, and transmission congestion.