Renewable energy law

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Renewable energy law is a particular kind of energy law, and relates primarily to the transactional legal and policy issues that surround the development, implementation, and commercialization of renewable sources of energy, such as solar, wind, geothermal and tidal. Renewable energy, (RE) law also relates to the land use, siting, and finance issues encountered by developers of renewable energy projects.

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Renewable energy support laws

Renewable energy law also encompasses policies that relate to renewable energy and legislative instruments that further encourage its growth.

Feed-in tariffs

One such form of legislation is feed-in tariffs, which provide economic incentives to the developers of renewable energy projects by setting a fixed price for the sale of energy produced from renewable sources. Feed-in tariff laws also provide financial certainty, are more cost effective and less bureaucratic than other support schemes such as investment or production tax credits, quota based renewable portfolio standards (RPS), and auction mechanisms. [1] [2] In addition, the feed-in tariff generates more competition, more jobs, and more rapid deployment for manufacturing; it also does not pick technological winners, for instance between more mature wind power technology versus solar photovoltaics technology. [1]

Renewable Portfolio standards

This type of law is in force in 37 of the States within the United States, as well as Australia and a minority of European nations. It works by fixing the quantity of renewable electricity that must be produced, and leaving it to the market at what price this extra renewable electricity will be produced. This form of legislation typically employs a tradeable certificates mechanism, where 1 Megawatt Hour of electricity is equivalent to 1 renewable energy certificate.

Sector Regulation

The Role of the Sector Regulator is specified in the enabling legislation. For example, regulatory oversight of feed-in tariff programs is essential, whether the price is based on a predetermined number (and with some maximum capacity), an auction/bidding process, or avoided cost. In each case, the regulator monitors activities to ensure abuses do not arise. How external (environmental and health) costs are factored into program evaluation is partly dependent on the enabling legislation (or executive order). If the law establishes Renewable Portfolio Standards, the energy regulator will need to oversee the system and evaluate its effectiveness in meeting RE objectives. Generally, some other agency is responsible for certifying the generators and handling the certification system. [3]

The sector regulator has a number of roles and responsibilities for operationalizing and implementing RE. The policy instruments include those oriented towards prices and quantities. The former (such as Feed-in Tariffs) provide the supplier with certainty regarding price, but the volume depends on whether that price is high or relatively low. The latter includes renewable portfolio standards that require distribution companies to purchase specific quantities of electricity generated by renewable technologies.

In addition, the sector regulator is in a position to give advice to the government regarding the full implications of focusing on climate change or energy security. Policymakers, however, may choose to delegate these decisions, or a subset of them, to regulators; on the other hand, they may choose to remain silent on such issues. In the former case, of course, regulators have the power to exercise their discretion. In the latter case, the scope of regulatory discretion depends on what the legal system provides. In either case, the internal practices followed by the regulator need to provide legitimacy for regulatory rulings related to RE. Such practices include transparency and evidence-based decision-making. [4]

Renewable energy lawyers

Renewable energy lawyers focus their practice on serving the legal needs of renewable energy project developers and companies that develop clean technologies (see clean tech law).

Renewable energy laws by country

Germany

A chart summarizing German energy legislation is available. [5]

Germany is a global leader in renewable energy legislation. To lower carbon emissions, Germany is undergoing an energy transition from things like fossils fuels to renewable energies such as wind power. [6] This transition is known as Energiewende directly translating to 'energy transition'. The process of implementing these Energiewende started in the 1990s and continues to this day. To speed up investment to support Renewable energy systems, feed-in tariffs are put in to place with most offering a long term contract for twenty years. [6] With these feed in tariffs, the primary consumption of energy while using renewable resources has grown from 1.9% in 1995 to 12.6% in 2015. [7] This transition is also heavily supported by the German people; with 92% saying they support implementing more renewable energy systems. [7] One of the most used renewable energy sources used is onshore wind power. Just over 35.5% of electricity from renewable sources comes from onshore wind power and it is claimed to be the most cost efficient renewable source. [8]

Switzerland

de:Energiegesetz (Schweiz)

Renewable energy laws by technology

Renewable energy laws can either be 'technology neutral' or provide specific assistance to particular selected groupings of renewable energy technology. Other aspects of land use planning law can have particular application to the implications of particular energy technologies, such as wind power.

Hydroelectric energy law

Conventional hydroelectric dams in most countries are highly regulated, with environmental reviews before construction and operational limits afterwards. [9] [10] Operation normally places river conditions before power interest, ie: power generation may not be needed at night while rivers are kept flowing.

Geothermal energy law

Laws and Regulations Applicable to Geothermal Energy Development. ... A number of federal laws, regulations, and Executive Orders apply to geothermal energy development activities. For the most part, state laws and regulations do not apply to geothermal energy development on tribal lands

Wind energy law

Solar energy law

See also

Related Research Articles

<span class="mw-page-title-main">Renewable energy in Germany</span>

Renewable energy in Germany is mainly based on wind and biomass, plus solar and hydro. Germany had the world's largest photovoltaic installed capacity until 2014, and as of 2021 it has over 58 GW. It is also the world's third country by installed total wind power capacity, 64 GW in 2021 and second for offshore wind, with over 7 GW. Germany has been called "the world's first major renewable energy economy".

<span class="mw-page-title-main">Energy policy of Australia</span> Overview of the energy policy of Australia

The energy policy of Australia is subject to the regulatory and fiscal influence of all three levels of government in Australia, although only the State and Federal levels determine policy for primary industries such as coal. Federal policies for energy in Australia continue to support the coal mining and natural gas industries through subsidies for fossil fuel use and production. Australia is the 10th most coal-dependent country in the world. Coal and natural gas, along with oil-based products, are currently the primary sources of Australian energy usage and the coal industry produces over 30% of Australia's total greenhouse gas emissions. In 2018 Australia was the 8th highest emitter of greenhouse gases per capita in the world.

<span class="mw-page-title-main">Renewable energy commercialization</span> Deployment of technologies harnessing easily replenished natural resources

Renewable energy commercialization involves the deployment of three generations of renewable energy technologies dating back more than 100 years. First-generation technologies, which are already mature and economically competitive, include biomass, hydroelectricity, geothermal power and heat. Second-generation technologies are market-ready and are being deployed at the present time; they include solar heating, photovoltaics, wind power, solar thermal power stations, and modern forms of bioenergy. Third-generation technologies require continued R&D efforts in order to make large contributions on a global scale and include advanced biomass gasification, hot-dry-rock geothermal power, and ocean energy. In 2019, nearly 75% of new installed electricity generation capacity used renewable energy and the International Energy Agency (IEA) has predicted that by 2025, renewable capacity will meet 35% of global power generation.

<span class="mw-page-title-main">Solar power in Germany</span>

Solar power accounted for an estimated 8.2 per cent of electricity in Germany in 2019, which was almost exclusively from photovoltaics (PV). About 1.5 million photovoltaic systems were installed around the country in 2014, ranging from small rooftop systems, to medium commercial and large utility-scale solar parks. Germany's largest solar farms are located in Meuro, Neuhardenberg, and Templin with capacities over 100 MW.

Financial incentives for photovoltaics are incentives offered to electricity consumers to install and operate solar-electric generating systems, also known as photovoltaics (PV).

A feed-in tariff is a policy mechanism designed to accelerate investment in renewable energy technologies by offering long-term contracts to renewable energy producers. This means promising renewable energy producers an above-market price and providing price certainty and long-term contracts that help finance renewable energy investments. Typically, FITs award different prices to different sources of renewable energy in order to encourage the development of one technology over another. For example, technologies such as wind power and solar PV are awarded a higher price per kWh than tidal power. FITs often include a "digression": a gradual decrease of the price or tariff in order to follow and encourage technological cost reductions.

As of August 2020 Chile had diverse sources of electric power: for the National Electric System, providing over 99% of the county's electric power, hydropower represented around 26.7% of its installed capacity, biomass 1.8%, wind power 8.8%, solar 12.1%, geothermal 0.2%, natural gas 18.9%, coal 20.3%, and petroleum-based capacity 11.3%. Prior to that time, faced with natural gas shortages, Chile began in 2007 to build its first liquefied natural gas terminal and re-gasification plant at Quintero near the capital city of Santiago to secure supply for its existing and upcoming gas-fired thermal plants. In addition, it had engaged in the construction of several new hydropower and coal-fired thermal plants. But by July 2020 91% of the new capacity under construction was of renewable power, 46.8% of the total solar and 25.6% wind, with most of the remainder hydro.

Feed-in electricity tariffs (FiT) were introduced in Germany to encourage the use of new energy technologies such as wind power, biomass, hydropower, geothermal power and solar photovoltaics. Feed-in tariffs are a policy mechanism designed to accelerate investment in renewable energy technologies by providing them remuneration above the retail or wholesale rates of electricity. The mechanism provides long-term security to renewable energy producers, typically based on the cost of generation of each technology. Technologies such as wind power, for instance, are awarded a lower per-kWh price, while technologies such as solar PV and tidal power are offered a higher price, reflecting higher costs.

<span class="mw-page-title-main">German Renewable Energy Sources Act</span> Series of German laws

The Renewable Energy Sources Act  or EEG is a series of German laws that originally provided a feed-in tariff (FIT) scheme to encourage the generation of renewable electricity. The EEG 2014 specified the transition to an auction system for most technologies which has been finished with the current version EEG 2017.

<i>Energiewende</i> Ongoing energy transition in Germany

The Energiewende is the ongoing transition by Germany to a low carbon, environmentally sound, reliable, and affordable energy supply. The new system intends to rely heavily on renewable energy, energy efficiency, and energy demand management.

<span class="mw-page-title-main">Renewable energy in Kenya</span>

Most of Kenya's electricity is generated by renewable energy sources. Access to reliable, affordable, and sustainable energy is one of the 17 main goals of the United Nations’ Sustainable Development Goals. Development of the energy sector is also critical to help Kenya achieve the goals in Kenya Vision 2030 to become a newly industrializing, middle-income country. With an installed power capacity of 2,819 MW, Kenya currently generates 826 MW hydroelectric power, 828 geothermal power, 749 MW thermal power, 331 MW wind power, and the rest from solar and biomass sources. Kenya is the largest geothermal energy producer in Africa and also has the largest wind farm on the continent. In March 2011, Kenya opened Africa's first carbon exchange to promote investments in renewable energy projects. Kenya has also been selected as a pilot country under the Scaling-Up Renewable Energy Programmes in Low Income Countries Programme to increase deployment of renewable energy solutions in low-income countries. Despite significant strides in renewable energy development, about a quarter of the Kenyan population still lacks access to electricity, necessitating policy changes to diversify the energy generation mix and promote public-private partnerships for financing renewable energy projects.

<span class="mw-page-title-main">Renewable energy in Taiwan</span>

Renewable energy in Taiwan contributed to 8.7% of national electricity generation as of end of 2013. The total installed capacity of renewable energy in Taiwan by the end of 2013 was 3.76 GW.

<span class="mw-page-title-main">Renewable energy in Albania</span>

Renewable energy in Albania includes biomass, geothermal, hydropower, solar, and wind energy. Albania relies mostly on hydroelectric resources, therefore, it has difficulties when water levels are low. The climate in Albania is Mediterranean, so it possesses considerable potential for solar energy production. Mountain elevations provide good areas for wind projects. There is also potentially usable geothermal energy because Albania has natural wells.

<span class="mw-page-title-main">Solar power in Switzerland</span> Overview of solar power in Switzerland

Solar power in Switzerland has been growing rapidly in recent years due to declining system costs and a feed-in tariff instituted by the Swiss government.

<span class="mw-page-title-main">Renewable energy in Turkey</span>

Renewables supply a quarter of energy in Turkey, including heat and electricity. Some houses have rooftop solar water heating, and hot water from underground warms many spas and greenhouses. In parts of the west hot rocks are shallow enough to generate electricity as well as heat. Wind turbines, also mainly near western cities and industry, generate a tenth of Turkey’s electricity. Hydropower, mostly from dams in the east, is the only modern renewable energy which is fully exploited. Hydropower averages about a fifth of the country's electricity, but much less in drought years. Apart from wind and hydro, other renewables; such as geothermal, solar and biogas; together generated almost a tenth of Turkey’s electricity in 2022. Türkiye has ranked 5th in Europe and 12th in the world in terms of installed capacity in renewable energy. The share of renewables in Türkiye’s installed power reached to 54% at the end of 2022.

In 2013, renewable energy provided 26.44% of the total electricity in the Philippines and 19,903 gigawatt-hours (GWh) of electrical energy out of a total demand of 75,266 gigawatt-hours. The Philippines is a net importer of fossil fuels. For the sake of energy security, there is momentum to develop renewable energy sources. The types available include hydropower, geothermal power, wind power, solar power and biomass power. The government of the Philippines has legislated a number of policies in order to increase the use of renewable energy by the country.

There is enormous potential for renewable energy in Kazakhstan, particularly from wind and small hydropower plants. The Republic of Kazakhstan has the potential to generate 10 times as much power as it currently needs from wind energy alone. But renewable energy accounts for just 0.6 percent of all power installations. Of that, 95 percent comes from small hydropower projects. The main barriers to investment in renewable energy are relatively high financing costs and an absence of uniform feed-in tariffs for electricity from renewable sources. The amount and duration of renewable energy feed-in tariffs are separately evaluated for each project, based on feasibility studies and project-specific generation costs. Power from wind, solar, biomass and water up to 35 MW, plus geothermal sources, are eligible for the tariff and transmission companies are required to purchase the energy of renewable energy producers. An amendment that introduces and clarifies technology-specific tariffs is now being prepared. It is expected to be adopted by Parliament by the end of 2014. In addition, the World Bank's Ease of Doing Business indicator shows the country to be relatively investor-friendly, ranking it in 10th position for investor protection.

Air pollution in Germany has significantly decreased over the past decade. Air pollution occurs when harmful substances are released into the Earth's atmosphere. These pollutants are released through human activity and natural sources. Germany took interest in reducing its greenhouse gas (GHG) emissions by switching to renewable energy sources. Renewable energy use rate from 6.3% in 2000 to 34% in 2016. Through the transition to renewable energy sources, some people believe Germany has become the climate change policy leader and renewable energy leader in the European Union (EU) and in the world with ambitious climate change programs, though Germany's CO
2
emissions per capita are in fact among the highest in Europe, almost twice those of e.g. France. The current goal of the German government was approved on 14 November 2016 in the German Climate Action Plan 2050, which outlines measures by which Germany can meet its greenhouse gas emissions by 2050. By 2050, Germany wants to reduce their GHGs by 80 to 95% and by 2030 they want to reduce it by 55%, compared to the EU target of 40%.

<span class="mw-page-title-main">Renewable energy in South Africa</span>

Renewable energy in South Africa is energy generated in South Africa from renewable resources, those that naturally replenish themselves—such as sunlight, wind, tides, waves, rain, biomass, and geothermal heat. Renewable energy focuses on four core areas: electricity generation, air and water heating/cooling, transportation, and rural energy services. The energy sector in South Africa is an important component of global energy regimes due to the country's innovation and advances in renewable energy. South Africa's greenhouse gas (GHG) emissions is ranked as moderate and its per capita emission rate is higher than the global average. Energy demand within the country is expected to rise steadily and double by 2025.

<span class="mw-page-title-main">Renewable energy in Austria</span>

By the end of 2016 Austria already fulfilled their EU Renewables Directive goal for the year 2020. By 2016 renewable energies accounted to 33.5% of the final energy consumption in all sectors. The renewable energy sector is also accountable for hosting 41,591 jobs and creating a revenue of 7,219 million euros in 2016.

References

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