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2024 Mid-Session Highlights

April 22, 2024

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National

NCEL Point of Contact

Taylor Anderson
Communications Director

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The National Caucus of Environmental Legislators works with an extensive network of legislators across the country. Through individual outreach, various working groups, regional events, and more, NCEL works to provide resources for legislators’ interests. Below are some of the successful environmental policies that states have passed so far in 2024.

  • Snapshot of State Sessions: 18 states have concluded their legislative sessions so far.

Emerging Energy Technologies | Transmission and Utilities | Building Decarbonization | Decarbonizing Transportation and Electric Vehicles | Invasive Species | Pollinators and Pesticides | Outdoor Engagement | Habitat Connectivity | Plastic Pollution and Zero Waste | Toxic Chemicals and PFAS | Offshore Wind

Legislation labeled as passed has passed the legislature and been sent to the executive. Enacted legislation has been signed by the Governor.

Emerging Energy Technologies

Technologies such as hydrogen, geothermal, and energy storage are just a few examples of energy sources that are proving helpful in building a more robust clean energy system. State legislators are taking advantage of federal funding, like the IRA, to explore these technologies further. This year, 21 states have introduced 89 pieces of legislation around emerging energy technologies. 

Passed Legislation

Geothermal

  • Maryland H.B.0397: Requiring gas companies to develop a plan for a pilot thermal energy network system(s).
  • Washington S.B. 6039: Promotes the development of geothermal energy resources.

Enacted Legislation

Energy Storage

  • New Mexico H.B. 252: Allocating tax funds towards emerging energy technology projects. 
  • Oregon H.B.4015: Permits a developer of a facility or the governing body of a local government after consulting with the developer to elect to defer regulatory authority to the Energy Facility Siting Council for the siting of a battery energy storage system.

Geothermal

  • New Mexico H.B. 91: Allocates funds towards geothermal energy projects. 
  • New York  S.8060: Directs the regulation of closed-loop boreholes installed for the purpose of facilitating a geothermal heating or cooling system. 
  • Virginia S.B. 508: Provides that geothermal heating and cooling systems, as defined in the bill, located in the Commonwealth are eligible for compliance with renewable energy portfolio standard requirements and incentivizes stakeholder engagement in renewable energy portfolio discussions. 
  • Washington H.B. 2131: Promotes the establishment of thermal energy networks.

Resources


Transmission and Utilities

Building out a more robust transmission system is critical to realizing the full benefits of the Inflation Reduction Act. Utility policy working to decarbonize the power sector is fundamental in addressing the climate crisis because so much of reducing greenhouse gasses requires electrifying other sectors, like transportation and buildings. States have a key role in streamlining permitting, investing in grid-enhancing technologies (GETs), and identifying essential pathways for new transmission. This year, 33 states have introduced 217 pieces of legislation around transmission and utilities.

Passed Legislation

  • Maryland S.B.0337/H.B.0323: Adding the Secretary of Emergency Management, or the Secretary’s designee, and the Chair of the Public Service Commission, or the Chair’s designee, as members of the Commission on Climate Change. 
  • Maryland H.B.1256/S.B. 0959: Requiring each investor-owned utility to fill with the Public Service Commission a time-of-use tariff by July 2025. 
  • Maryland H.B.1393: Requires the Public Service Commission to adopt regulations mandating the consideration or procurement of demand-side technologies that increase efficiency including virtual power plants.
  • Virginia S.B. 480/H.B. 906: Suspends electric, gas, water, and wastewater utilities from disconnecting service to a residential customer for nonpayment of bills or fees during a state of emergency.
  • Virginia S.B. 565: Directs the Commission to promulgate regulations no later than September 30, 2025, establishing a single, consistent cost-effectiveness test for use in evaluating proposed energy efficiency programs.

Enacted Legislation

  • Maine L.D. 589: Incentivizes grid-enhancing technology (GETs) development with reporting focused on benefits of GETs development 
  • Oregon S.B.1581: Requires an investor-owned utility that sells more than two million megawatt hours of electricity in a calendar year to report to and inform the Legislative Assembly of activities that the investor-owned utility has taken toward participating in a regional energy market.
  • Virginia H.B. 862: Requires an electric utility to include in an integrated resource plan an assessment of the potential application of grid-enhancing technologies and advanced conductors on the electric distribution grid.
  • Washington H.B. 1948: Ensuring that methods for calculating the electric load of utilities under the Energy Independence Act do not have the effect of discouraging voluntary investments in renewable power.

Resources


Building Decarbonization

In recent years, states have identified buildings as a large portion of their greenhouse gas emissions. To meet ambitious emission reduction goals as well as reduce energy costs for constituents, states need to create a plan to rapidly decarbonize buildings. In conjunction with IRA funding and tax credits, states are looking to improve building performance and appliance standards. This year, 22 states have introduced 112 pieces of legislation around building decarbonization.

Passed Legislation

  • Maryland S.B.0258: Requires the Maryland Green Building Council to update the High Performance Green Building Program to ensure that all new buildings and major renovations align with the state’s goal of achieving GHG emissions by 2045; requires the Department of General Services to identify state-owned facilities that are candidates for energy savings performance contracts.
  • Maryland S.B.0206/H.B. 0216: Authorizing the board of directors of a condominium to grant leases in excess of one year for the installation and use of clean energy equipment.

Enacted Legislation

  • Virginia H.B. 151/S.B. 245: Requires the Department of Energy to provide technical assistance to localities as localities implement mandates related to onsite renewable energy generation, energy storage, and resilience standards for construction or renovation of certain public buildings.
  • Washington S.B. 5973: Prohibits the ban of heat pumps by unit owners and establishes procedures and requirements for the approval, installation, maintenance, and removal of a heat pump.
  • Washington H.B. 1976: Permits the Department of Commerce to provide higher incentive payments under the Early Adoption Incentive Program to owners of buildings that comply with the State Energy Performance Standard.

Resources


Decarbonizing Transportation and Electric Vehicles

As legislators work to decarbonize transportation, many continue to expand electric vehicle adoption and infrastructure. States are also considering the transportation system as a whole by working on transit-oriented development, public transportation, and e-bike incentives as solutions for emissions associated with the sector. This year, 37 states have introduced 376 pieces of legislation around decarbonizing transportation and electric vehicles. 

Passed Legislation

Electric Vehicles

  • Maryland S.B. 0951: Establishes the Electric Vehicle Supply Equipment Workgroup and requires the Workgroup to report its framework and recommendations to the Senate Education, Energy, and the Environment Committee and the House Economic Matters Committee. 
  • Maryland S.B. 0465/H.B. 0159: Alters requirements for procedures relating to electric vehicle recharging equipment and establishes requirements and procedures regarding applications for electric vehicle infrastructure.
  • Virginia H.B. 405: Directs the State Corporation Commission and the Department of Housing and Community Development to provide technical assistance to the Commission on Electric Utility Regulation on electric vehicle infrastructure development. 

Active and Public Transportation

  • Maryland S.B. 0943: Authorizes the use of automated bus obstruction monitoring systems to enforce violations of certain parking-related prohibitions and makes statewide the authority of a local jurisdiction to use bus obstruction monitoring systems to enforce certain prohibited acts related to dedicated areas near the edge of roadways. 
  • Maryland H.B. 0038: Prohibits the Mayor and City Council of Baltimore City from adopting or enforcing a local law that requires the creation of new motor vehicle off-street parking for a development that includes residential use and that is located within a 0.25-mile radius of a present or planned MARC, Baltimore MTA Light Rail, Red Line, or Metro station.
  • Maryland S.B. 0345: Establishes the Vision Zero Advisory Commission to advise the Department of Transportation on best practices intended to eliminate deaths and serious injuries on roadways in all modes of ground transportation using data-driven prevention strategies, with an emphasis on a Safe System approach.
  • Virginia S.B. 595/H.B. 208: Authorizes a locality to adopt a healthy communities strategy as part of its next and any subsequent reviews of the comprehensive plan.

Enacted Legislation

Electric Vehicles

  • New Mexico H.B. 41: Authorizes the Environmental Improvement Board to adopt rules for establishing and assessing fees for a clean transportation fuel standard. 
  • Washington H.B. 2134: Appropriates money for electric vehicle planning, research, and infrastructure development. 

Active and Public Transportation

  • Michigan H.B. 4012: Modifies traffic control including speed restrictions and procedures for establishing speed limits. 
  • Utah H.B. 449: Makes changes to include a bicyclist in the provisions of the Pedestrian Safety and Facilities Act and adds additional safety measures for pedestrians and bicyclists.
  • Washington S.B. 6283: Eliminates the expiration date for the Sandy Williams connecting communities program which makes walking, bicycling, and rolling more comfortable and welcoming in overburdened communities along state highways.

Resources


Invasive Species

Invasive species are one of the five main drivers of biodiversity decline, causing substantial harm to native species and ecosystems, and billions of dollars in damage each year. States continue to explore best practices for reducing invasive species’ introductions to ecosystems as well mitigating damage from existing invasive species. This year, 23 states have introduced 91 pieces of legislation around invasive species.

Passed Legislation

  • Maryland S.B. 0915/H.B. 0979: Altering the regulatory approach for controlling invasive plant species in the State, including repealing certain provisions of law relating to a two-tiered regulatory approach and requiring the Secretary of Agriculture to establish a list of prohibited invasive plants. 
  • Maryland S.B. 0854/H.B. 0929: Requiring the Secretary of Agriculture to implement a program to use a new biological control to manage nuisance insects in the State.
  • Virginia S.B. 306/H.B. 47: Requires, for the retail sale of any invasive plant species for outdoor use on a list established by the Department of Conservation and Recreation, a retail establishment to post in a conspicuous manner on the property located in proximity to each invasive plant display signage identifying such plant as invasive, educating consumers regarding invasive plant species, and encouraging consumers to ask about alternatives.
  • Virginia H.B. 1167: Authorizes any locality to adopt an ordinance prohibiting the sale of English ivy, with violations punishable by a civil penalty. 

Enacted Legislation

  • Colorado SB24-031: Creates a civil penalty of $500-$1000 for violations of the Noxious Weed Act. 
  • Florida C.S./S.B. 1638: Establishes funding for Environmental Resource Management including invasive species management, and Tribal Nation relations. 
  • Hawaii H.R. 14: Requesting the Department of Agriculture to create a plan to develop an invasive pests placard program and assess the resources needed to implement the program. 
  • South Dakota S.B.172: Allows a person to temporarily take responsibility of a feral cat or dog for the purposes of sterilization.
  • Utah S.B.270:  Commissions a study examining Great Salt Lake enhancements which requires removing invasive plant and animal species, benefitting the lake.
  • Utah H.B. 5: Reauthorizes funding for invasive species mitigation projects. 

Resources


Pollinators and Pesticides

Pollinators are responsible for one in three bites of food we eat, and they contribute billions of dollars to the agriculture industry every year. States continue to reform their  pesticide use to encourage thriving pollinator populations and human health. This year, 24 states have introduced 114 pieces of legislation around pollinators and pesticides.

Passed Legislation

 Pollinators

  • Maryland S.B. 0178/H.B. 0022: Requires the State Highway Administration’s pollinator habitat plan to include policies and procedures regarding the use of pollinator habitat areas along State highways as well as tracking of pollinator habitat funding.

Enacted Legislation

Pollinators

  • New Mexico S.B. 275: Provides corporation business tax credit to public utilities that develop qualified native pollinator habitat in their rights of way.
  • New Mexico H.M. 33: Requests the Dept of Agriculture to convene a working group to consider a pollinator protection plan focused on community education, outreach, and data collection.
  • Utah H.B.5: Reauthorizes $352,000 for the  pollinator protection program. 
  • Virginia H.B. 517: Designates the European honey bee as the official state pollinator.
  • Washington S.B. 5950/H.B. 2104: Appropriates funds for pollinator protections. 
  • Washington S.B. 5934: Incentivizes use of native and pollinator friendly plants during permit issuance. 

Pesticides

  • Kansas H.B. 2607: Expands the applicability of civil and criminal penalties and update requirements for training and supervision, proof of financial responsibility, pesticide applications in the sodium cyanide predator control category and record retention by government agencies.
  • Minnesota H.F. 3377: Allocates funds from Environment and natural resources trust fund for pesticides research and mitigation. 
  • New York S.8031: Amends the environmental conservation law to meet requirements from the recently enacted the Birds & Bees Protection Act.
  • Washington S.B. 5972: Prohibits a person from using neonicotinoid pesticides on outdoor plants, requires neonicotinoid pesticides to be designated as state restricted use pesticide under certain conditions, and allows the Director of the Washington State Department of Agriculture to authorize the use of neonicotinoid pesticides when applicable.
  • Washington H.B. 2147: Expands invitations to serve on emergency pest management advisory committees to include federally recognized tribes.

Resources


Outdoor Engagement

Tens of millions of people in the United States lack regular access to time in nature, losing out on proven health, economic, and educational benefits. States can equitably build public health, sustainable economies, and environmental stewardship by expanding greenspaces, diverse outdoor recreation, and nature-based learning for all. This year, 43 states and territories have introduced 310 pieces of legislation around outdoor equity.

Passed Legislation

Outdoor Access & Equity

Environmental Education & Outdoor Learning

  • Maryland H.B. 0228: Authorizes the Great Maryland Outdoors Fund to be used to promote outdoor learning.

Outdoor Governance

  • Florida H.B. 1285: Establishes an Ocean Economy Office at a state university whose directive includes studying and promoting outdoor recreation.
  • Kentucky H.B. 723: Expands the definition of outdoor recreation or green space projects eligible for funding, and directs public universities to offer nonprofits and localities assistance in applying for funding.

Enacted Legislation

Outdoor Access & Equity

  • New Jersey A.2374: Establishes a Parks and Open Space Foundation to equitably enhance and supplement improvements to state park and public lands for recreation and conservation purposes.
  • New Mexico S.B. 169: Improves Land and Water Conservation Fund access and equity by prioritizing Tribal nation funding requests, expanding rural community eligibility, and funding state and local assistance programs to provide outreach and technical assistance for applications.
  • Virginia H.B. 944/S.B. 129: Modifies distribution of the Forest Sustainability fund that promotes recreation, education, and conservation to be more equitably distributed to localities.
  • Virginia H.B. 1186: Establishes a two year all-terrain power wheelchair pilot program to develop guidelines and processes for providing all-terrain power wheelchairs in state parks.

Environmental Education & Outdoor Learning

  • New Mexico S.M.1/H.M. 34:  Convenes a working group between state departments and agencies to establish a pilot program expanding the use of citizen science. 
  • Puerto Rico R.S. 0854: Directs the Education Commission and Secretary of Education to integrate climate resilience, mitigation, and justice into curriculum and ensures compliance with a 2018 climate education curriculum mandate. 

Outdoor Recreation & Trails

  • Colorado HB24-1194: Increases funding for the Department of Natural Resources. 
  • New Jersey A.5806: Appropriates $48 million from constitutionally dedicated corporate business taxes revenues to DEP for State acquisition of lands for recreation and conservation purposes.

Outdoor Governance

  • Colorado SB24-058: Creates a means for landowners to reasonably limit liability for known hazards on lands available to the public for recreational use by maintaining informational signage.
  • Kentucky H.B. 712: Establishes the Kentucky Ohio River Regional Recreation Authority (KORRA) to promote outdoor recreation and tourism development.
  • New Mexico HB.303: Includes outdoor recreation, sustainable agriculture, renewable energy, and natural resources management careers as high-demand, living wage jobs in the state TANF ( Temporary Assistance for Needy Families) workforce development program.
  • Oregon S.B. 1576: Temporarily expands the definition of recreational use liability protections to include walking, running, and biking. Following a court ruling in 2023, state and municipal trails and parks were temporarily forced to close due to legal risk. 
  • Utah H.B.90: Allows the Division of Outdoor Recreation to reimburse itself for relevant fund administration and labor opportunities related to the outdoor adventure infrastructure fund.
  • Utah H.B.360: Allows the Division of Outdoor Recreation to accept volunteer labor and funding to maintain outdoor recreation infrastructure and also allows the division to recognize donated labor or funding with signage.
  • Utah H.B.519: Allows the Division of Outdoor Recreation to collect an electronic payment fee.
  • Washington H.B. 2165: Allows the Department of Natural Resources to assess fees for the use of agency-managed land for events. Event rentals can offer revenue and incentives to improve the quality and quantity of public outdoor spaces to the benefit of all.
  • West Virginia H.B. 5696: Establishes an Upper Ohio Valley Trail Network Recreation Area. 
  • Wyoming H.B.0067: Provides for the administration and use of a $6 million Outdoor Recreation Tourism trust fund established in 2023.

Resources


Habitat Connectivity

States are leaders in the effort to promote biodiversity and sustain healthy wildlife populations through habitat connectivity. With increased federal funding, states continue to enact legislation that protects corridors and reduces conflicts between wildlife and human activities. This year, 18 states have introduced 38 pieces of legislation around habitat connectivity. 

Passed Legislation

  • Florida H.B. 5003: Requires the Department of Environmental Protection to transfer designated proportions of the revenues deposited in the Land Acquisition Trust Fund within the department to land acquisition trust funds in the Department of Agriculture and Consumer Services, the Department of State, and the Fish and Wildlife Conservation Commission. 
  • Maryland H.B. 0022/S.B. 0178: Requiring the State Highway Administration’s pollinator habitat plan to include policies and procedures regarding the use of pollinator habitat areas along State highways, and requires the Administration to track and evaluate federal programs that provide funding for pollinator habitats, native plants, and invasive species control.

Enacted Legislation

  • Florida C.S./S.B. 1638: Designates $100 million in gambling compact revenue to support the Florida Wildlife Corridor and land management services.
  • New Mexico H.B. 2: Allocates $5 million for the wildlife corridors fund. 
  • New Jersey S.3916: Expands eligibility for wildlife fencing programs to include farmers leasing farmland; clarifies eligibility and provides for uniform funding levels for grant recipients.
  • Utah S.B.6: Appropriates $1 million in non-lapsing funding for wildlife crossings. 
  • Virginia H.B. 309: Requires the development of  a Forestland and Urban Tree Canopy Conservation Plan and identifies priority conservation areas with highest priority given to wildlife corridors or large continuous blocks of forest. 
  • Washington H.B. 2134: Appropriates $1 million to match funding from the federal highway administration’s wildlife crossings pilot program. 
  • Washington H.B. 2045: Creates an adopt a fish barrier program.
  • Wyoming SF60: Authorizes $1 million from the Wyoming Wildlife and Natural Resource Trust Fund Income Account for removal of barriers to fish passage and migration, irrigation enhancement, and stream modification.

Resources


Plastic Pollution and Zero Waste

Plastic pollution is a global crisis with fossil fuel origins that causes negative health effects on communities and wildlife. States are leaders in addressing plastic pollution. Last year, more than 115 bills were introduced addressing plastic issues with five states enacting legislation. Legislators are now looking at ways to address the full life cycle of plastic. This year, 20 states have introduced 153 pieces of legislation around plastic pollution and zero waste.

Enacted Legislation

  • Washington H.B. 2301: Requests the creation of a sustainable food management policy implementation grant(s) to reduce emissions from landfills. 

Resources


Toxic Chemicals and PFAS

Toxic chemicals, including per- and polyfluoroalkyl substances (PFAS), have proven to have adverse health effects on communities and wildlife across the nation. This year, 30 states have introduced 129 pieces of legislation around toxic chemicals and PFAS.

Passed Legislation

  • Maryland H.B. 1147: Prevents a person from installing, supplying, selling, soliciting, or offering for sale playground surfacing materials that contain a certain concentration of lead or a component product, material, or substance to which PFAS chemicals were previously intentionally added.
  • Maryland S.B. 0956/H.B. 1153: Requires testing and identification criteria for PFAS and other toxic substances as well as mitigation planning.

Enacted Legislation

  • Colorado SB24-005: Identifies various artificial turf and invasive plant species to be prohibited from use. 
  • New Jersey A. 1413/S.1417: Prohibits the sale, manufacture, distribution, and use of firefighting foam containing intentionally added perfluoroalkyl and polyfluoroalkyl substances.
  • New Jersey A. 4125: Prohibits the sale, manufacture, distribution, and use of firefighting foam containing intentionally added perfluoroalkyl and polyfluoroalkyl substances.
  • New Jersey A. 2326/S. 1041: Requires Department of Environmental Protection and Drinking Water Quality Institute to perform study concerning regulation and treatment of perfluoroalkyl and polyfluoroalkyl substances.
  • Virginia S.B. 243: Establishes testing and review infrastructure for PFAS in public water sources.

Resources


Offshore Wind

The U.S. offshore wind energy has the potential to generate nearly double the nation’s current electricity use, create thousands of jobs, and support local economic development, all while producing renewable energy for years to come. With the federal government’s goal of deploying 30 gigawatts of offshore wind by 2030, states have proven to be crucial partners in the offshore energy transition. This year, 11 states have introduced 25 pieces of legislation around offshore wind. 

Passed Legislation

  • Maryland H.B. 1296: Requires the Public Service Commission to open a revised Round 2 proceeding to evaluate certain offshore wind projects.

Enacted Legislation

  • Maine L.D. 2099: An Act To Make Changes To Certain Laws Governing Renewable Energy Projects.
  • Oregon H.B.4080: Declares a state policy to support engagement between offshore wind developers and impacted organizations, communities, and tribes.

Resources