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May-June 2006 State Energy Bulletin

State Energy Efficiency Policy Bulletin

May-June 2006

Newsletter Contents:

Guest Highlight
Susan L. Macey of the Indiana Office of Utility Consumer Counselor (OUCC) on Indiana as a crossroads for energy efficiency.

Alliance to Save Energy Column
Brian T. Castelli explains his role as a member of the Greenhouse Gas Emission Control Strategies workgroup on the Commonwealth of Virginia’s State Advisory Board on Air Pollution (SAB).

State Updates
Legislative updates from California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, and Washington State.


Indiana: A Crossroads for Energy Efficiency
By Susan L. Macey
Indiana's Utility Consumer Counselor

Photo Susan L. MaceyThe phrase “Crossroads of America” adorned Indiana’s license plates a few years ago. While this was an obvious reference to highways, the Hoosier State is also at the crossroads of hot summers and cold winters; the North American electric grid; and an abundant, multi-state coal supply. In other words, we have all the ingredients that add up to the need and opportunity for strong energy-efficiency initiatives.

While we join other states in recognizing that energy efficiency is more important today than ever and realize that there is a great deal of work to be done, the public and private-sector partnerships we have formed are already bearing fruit. My staff at the Indiana Office of Utility Consumer Counselor (OUCC) is working hard to develop innovative ways of encouraging energy conservation both inside and outside the regulatory arena.

Most recently, the OUCC reached an agreement with Vectren Energy Delivery which will - if approved by the Indiana Utility Regulatory Commission (IURC) - empower Vectren’s natural gas customers throughout Indiana with new tools that will help them reduce consumption and reduce their bills, while securing an annual commitment of more than $4.3 million from the utility to fund conservation initiatives. These initiatives will include rebate programs for energy efficient appliances, Internet-based energy audit tools, a comprehensive media campaign to educate the public, and more.

Our agency and other stakeholders will work with the utility to start the initiatives which will ultimately be overseen by an independent third-party administrator. The agreement will also adjust Vectren’s rate design and remove the utility’s current incentive to encourage higher consumption to increase its profit margin. Our hope is that this bold, innovative effort will lead toward a statewide approach involving other natural gas and electric utilities.

Regarding electricity, the OUCC and the administration of Gov. Mitch Daniels are committed to the use of Indiana coal in the most efficient and environmentally friendly manner possible. Among other initiatives, we are supporting the feasibility study for a proposed new integrated gasification combined cycle (IGCC) plant in southwestern Indiana, which will be jointly operated by Vectren and Duke Energy Indiana (pending IURC approval). Coal gasification technology is a concept we strongly support as it will be good for our economy, our environment, and most importantly, the consumer.

The OUCC is also involved in collaborative demand side management (DSM) efforts with other investor-owned electric utilities serving Indiana. These include:

  • A lighting incentive plan, energy-efficient cooling systems, residential audits and other efforts with Duke Energy Indiana totaling annual savings of 323 megawatts;
  • Income qualified weatherization, a high-efficiency HVAC program, a compact fluorescent light (CFL) bulb promotion and other efforts with Indianapolis Power & Light (IPL);
  • Energy-efficient traffic lights and street lighting for both IPL and Northern Indiana Public Service Company (NIPSCO); and,
  • A residential weatherization program with Indiana-Michigan Power.

We are particularly excited, however, about the voluntary Air Conditioning Load Management – or Direct Load Control (DLC) – programs now available to residential customers throughout our state who own their homes and have central air conditioning.

Three Indiana investor-owned utilities (Duke, IPL and Vectren) and 22 Rural Electric Membership Cooperatives offer these programs, which involve the installation of a small switch on the customer’s air conditioner. The utility can use switches to cycle numerous units during short time periods on peak demand days – allowing it to better manage its power supply while resulting in minimal discomfort for participating customers. In most cases, customers who sign up for these voluntary programs receive bill credits regardless of whether or not their air conditioners are cycled.

Our experience with DLC programs in Indiana has been excellent, and this is an approach we’d recommend to utilities and our fellow consumer advocates in all states for exploration and discussion. To learn more, you can visit the Indiana Office of Utility Consumer Counselor, where you’ll find a link on our home page to our new consumer fact sheet appropriately titled, “A Small Switch.”

Twice this year, I have had the pleasure of welcoming Kateri Callahan and the Alliance to Save Energy to Indiana for news media events promoting energy conservation. As collaborative efforts of state government, the Alliance and Indiana utilities, these events demonstrate how consumer advocates and utilities can work together to inform the public of what we are doing to promote energy efficiency. More importantly, partnerships such as “The Power is in Your Hands” can serve as a bold call-to-action, encouraging all consumers to take the steps that will reduce their bills while helping our states and our nation in using energy more wisely.

Susan L. Macey is the Indiana Office of Utility Consumer Counselor. Appointed by Gov. Mitch Daniels in March 2005, Macey and her staff are charged with representing the interests of all Indiana residential, commercial and industrial utility consumers in state and federal regulatory proceedings.


Alliance Vice-President selected to serve two-year term on the Commonwealth of Virginia’s State Advisory Board on Air Pollution
Brian T. Castelli
Executive Vice President and Chief Operating Officer

Photo of Brian CastelliThe Commonwealth of Virginia's State Advisory Board (SAB) is chartered to identify air quality issues and analyze their potential impacts on health and the environment. The SAB serves in an advisory capacity to the State Air Pollution Control Board (SAPCB) and the Department of Environmental Quality (DEQ). Board members are experienced air quality managers and practitioners derived from a wide variety of disciplines within the field to ensure comprehensive perspective and analyses. Some examples include scientists, lawyers, public administrators, and representatives from public interest groups. Typically, two to three projects are selected for the SAB each year. The goals and expected outcomes of the selected projects are then clearly identified by SAPCB and DEQ.

This year the SAB has selected four topics of critical importance to the energy and environmental community:

  1. Mercury Control for Non-Energy Generating Units;
  2. Evaluation of Costs/Benefits of Biodiesel Fuels;
  3. Greenhouse Gas (GHG) Emission Control Strategies; and,
  4. Public Health Risk Analysis of Different Pollution Control Strategies.

As a member of the SAB, I will be serving on the Greenhouse Gas Emission Control Strategies workgroup which is chartered to perform an in-depth review of GHG reduction programs in other states, options available and useful in the Commonwealth, and how those programs and controls comport with a bill in the Virginia General Assembly.

The workgroup has begun to gather information and perform analyses that will result in a report that addresses three topics:

  1. Background to describe what greenhouse gases are, potential types of activities that generate greenhouse gases, and what is known about greenhouse gases as they relate to Virginia activities;
  2. Actions that other countries and states are taking on greenhouse gas emissions; and,
  3. Approaches that could help address the issue.

My role on the workgroup is to ensure that energy efficiency is a significant part of the actions and approaches that could help the Commonwealth of Virginia in any potential programs that might be carried out to reduce greenhouse gas emissions.

Brian T. Castelli is the Executive Vice President and Chief Operating Officer of the Alliance to Save Energy, and served as chief of staff to the U.S. Department of Energy’s assistant secretary for energy efficiency and renewable energy from 1994 to 2001.


California

Assembly Bill 1012
Passed Assembly 6/01/06, Referred to Senate Committee on Transportation & Housing 6/8/06.
AB1012 would require the state board, by January 1, 2008, to develop and adopt regulations that would become operative no later than January 1, 2010, to increase the use of clean alternative fuels for motor vehicles.

Assembly Bill 1925
Passed Assembly 5/30/06, Referred to Senate Committee on Environmental Quality 6/20/06.
AB1925 would require a report to the legislature with recommendations for how the state can accelerate the adoption of cost-effective geologic sequestration strategies for industrial carbon dioxide.

Assembly Bill 1970
Passed Assembly 5/30/06, Referred to Senate Committee on Energy, Utility, and Communications 6/8/06.
AB1970 would require the manufacturer of an appliance sold in California to place a power content label on each appliance that shows the energy consumption or energy efficiency of the appliance.

Assembly Bill 2189
Passed Assembly 5/04/06, Unanimously Passed Senate Committee on Environment, Utilities, and Communications 6/20/06.
AB2189 would provide that a small hydroelectric generation facility that is an eligible
renewable energy resource retains eligibility if efficiency improvements are undertaken at the facility.

Assembly Bill 2021
Passed Assembly 05/31/0, Referred to Senate Committee on Energy, Utilities, and Communications 6/15/06.
AB 2021 would require the Energy Commission to identify all potentially achievable cost-effective electricity and natural gas efficiency savings and establish statewide annual targets for energy efficiency savings and demand reduction over 10 years.

Assembly Bill 2160
Passed Assembly 05/31/06, Referred to Senate Committee on Governmental Organization 6/15/06.
AB 2160 would require the Sustainable Building Task Force and Technical Group to define a life cycle cost assessment methodology to be used for state building and construction decisions. It would require the State Energy Resources Conservation and Development Commission to identify and develop financing to facilitate state building energy or resource-efficient projects, and identify appropriate incentives to facilitate those projects.

Assembly Bill 2264
Passed Assembly 05/31/06, Referred to Senate Committee on Governmental Organization 06/15/06.
AB 2264 would establish a minimum fuel economy standard for the purchase of passenger vehicles and light duty trucks for the state fleet.

Assembly Bill 2321
Passed Assembly 05/31/06, Referred to Senate Committee on Governmental Organization 06/15/06.
AB 2321 would establish the Governor's Green Action Team with a primary mission to oversee and direct progress toward reducing electricity purchases for state-owned buildings by 20% by 2015, and achieve comparable reductions in electricity purchases for state and local governments, schools, and commercial buildings.

Assembly Bill 2576
Referred to Committee on Energy, Utilities, and Communications 6/15/2006.
HB2576 would require the Public Utilities Commission to provide discounts under a commission-approved program that are graduated based on the program participant's energy usage. Those people using less energy receive a greater discount.

Assembly Bill 2600
Passed Assembly 5/22/06, Referred to Senate Committee on Transportation and Housing 05/31/06.
AB 2600 would extend the requirement regarding issuance, distinctive decals, labels, and other identifiers for vehicles that meet California's super ultra-low emission vehicle standards for exhaust emission, and the federal inherently low-emission vehicle (ILEV) evaporative emission standards.

Assembly Bill 2616
Referred to Committee on Revenue and Taxation 5/10/06.
AB 2616 would allow a $3,000 tax deduction for the purchase or lease of a hybrid vehicle.

Assembly Bill 2647
Passed Assembly 5/26/06, Referred to Senate Committee on Transportation and Housing.
AB2647 would establish the Truck Retrofit Assistance Program to help finance the purchase and installation of truck cab and parking space electrification technologies and SmartWay Upgrade Kits.

Assembly Bill 2880
Passed Assembly 5/31/06, Referred to Senate Committee on Environmental Quality 6/15/06.
AB 2880 would require state agencies to gather, analyze, and make available public resources about green buildings.

Assembly Bill 2924
Passed Committee on Natural Resources 4/19/06, Referred to Committee on Appropriations 5/17/06.
AB 2924 would require any person or entity that receives funding from the state for reducing greenhouse gas emissions to report those emissions.

Assembley Bill 2928
Passed Assembly 5/30/06, Referred to Senate Committee on Environmental Quality 6/08/06.
AB 2928 would require the California Integrated Waste Management Board to develop voluntary green building guidelines for home construction.

Senate Bill 1539
Passed Senate 05/18/06, Held at desk in Assembly 5/18/06
SB 1539 states the legislature's intent to develop and implement energy management plans, and advise local governments to adopt those plans, including energy-efficiency measures.

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Colorado

House Bill 1147
Vetoed
HB1147 would direct the public utilities commission (PUC) to adopt rules establishing funding and cost-recovery mechanisms for distributors of natural gas to engage in conservation and energy-efficiency programs.

House Bill 1322
Signed by Governor 06/06/2006. What's New!
HB1322 transfers $6 million per year for 3 years from the severance tax trust fund into a newly created clean energy development fund, to be administered by the governor's office of energy management and conservation.

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Connecticut

House Bill 5051
Signed by Governor 5/30/06. What's New!
HB5051 mandates installation of energy-efficient lights at state agencies.

House Bill 5525
Tabled 5/01/06.
HB5525 would allow electric distribution companies to own Class I renewable energy sources and provide incentives to institute conservation and load management measures.

Senate Bill 660
Signed by Governor 6/06/06. What's New!
SB660 implements a sales tax adjustment program for motor vehicles according to the amount of greenhouse gas emissions generated and makes the sales tax exemption for certain hybrid vehicles permanent.

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Delaware

House Bill 6
Signed by Governor 04/06/06. What's New!
HB6 gives the local power authority the ability to develop and implement demand side management strategies.

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Florida

Senate Bill 888
Signed by Governor 06/19/06. What's New!
SB888 creates a renewable energy technologies grants program, a solar energy system incentives program, tax exemptions and rebates for renewable energy technologies, and a corporate tax credit for renewable energy technologies.

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Hawaii

House bill 2175
Received notice of passage on final reading in House 5/04/06, Became Act 096 on 5/12/2006.
HB2175 would provide a framework for energy self-sufficiency, focusing on energy efficiency and renewable energy resource employment in state facilities, vehicles, and equipment; in the public schools; and by means of priority permitting for renewable energy projects at the county level.

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Illinois

House Bill 4313 What's New!
Became Public Act 94-0751 05/10/06, effective 05/10/06.
HB4313 would require the Department of Commerce and Economic Opportunity to establish and maintain a program to certify energy-efficient appliances.

Senate Bill 2868 What's New!
Approved by Governor on 05/26/06, Became Public Act 94-0815 on 05/26/06.
SB2868 requires the Capital Development Board to adopt and update an energy-efficiency code for state commercial buildings that incorporates the International Code Council's International Energy Conservation Code.

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Kentucky

House Bill 299
Signed by Governor 04/21/06. What's New!
Directs the Finance and Administration Cabinet to require bidders for government construction contracts to include consideration of energy-efficient HVAC systems, including geothermal.

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Louisiana

Senate Bill 503
Sent to Governor 6/16/06.
SB 503 would provide for the review process of performance-based energy-efficiency contracts.

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Maine

House Bill 1439
Signed into Public Law 06/01/06. What's New!
HB1439 allows the Public Utilities Commission to incorporate cost-effective energy conservation and energy-efficiency resources into the standard offer service product for electricity customers and to direct transmission and distribution utilities to enter into long-term contracts for cost-effective energy conservation and energy efficiency.

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Maryland

House Bill 8
Introduced 6/15/06.
HB8 would allow an individual to claim a credit against the state income tax for the cost of purchasing appliances and products that meet energy-efficiency guidelines.

House Bill 189
Signed by the Governor 05/02/06. What's New!
HB189 establishes limits on nitrogen oxide, sulfur dioxide, mercury, and carbon dioxide emissions from specified facilities; requires the Department of the Environment to set emissions budgets; requires the Governor to include the state in the Regional Greenhouse Gas Initiative; requires regulations to reduce carbon dioxide emissions from affected facilities, and establishes a Maryland Carbon Reduction Fund.

House Bill 1532
Signed by the Governor 05/02/06. What's New!
HB1532 adds generation of electricity as a purpose for which a structure may use specified energy conservation devices to qualify for local tax credits effective after June 30, 2006.

Senate Bill 267
Signed by the Governor 05/16/06. What's New!
SB267 requires the Department of General Services, in cooperation with the Maryland Energy Administration, to set specified energy performance standards to require reductions of energy consumption in state buildings by specified dates; requires State agencies to conduct energy consumption analyses, and requires State agencies to update energy conservation plans.

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Massachusetts

Senate Bill 2516
Referred to the Senate Committee on Ethics and Rules 05/04/06.
SB2516 would reduce carbon dioxide emissions through participation in the regional greenhouse gas initiative.

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Michigan

House Bill 5554 What's New!
Approved by the Governor 05/21/06, Assigned as PA 146’06 with Immediate Effect 05/22/06.
HB5554 would define the requirements for a public or private school to be designated a "green school".

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Minnesota

House Bill 4183
Second reading 5/15/06.
HB 4138 would establish a Plug-in Hybrid Vehicle Task Force.

Senate Bill 2798
Received from the Senate by the House on 5/15/06, Second Reading 05/16/06.
SB2798 would modify sustainable building guidelines for greenhouse gases; require reports on utility customers; authorize a pre-purchase propane fuel program; provide for residential heat reconnection arrangements; modify provisions for assisting low-income residential heating customers; and modify renewable energy standards and objectives.

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Missouri

Senate Bill 915
In conference 5/12/06.
SB915 would set goals for the use of renewable energy and would encourage electrical corporations to develop energy-efficiency initiatives that reduce the annual growth in energy consumption and the need to build additional electric generation capacity.

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New Hampshire

House Bill 1690
In conference, Last hearing 5/19/06.
HB1690 would authorize the use of funds from the energy-efficiency system benefits charge for renewable energy programs.

Senate Bill 387
Signed by the Governor 05/22/06. What's New! Effective Date 7/21/06.
SB387 authorizes the business finance authority to guarantee and provide loans to small businesses and agricultural entities for energy-efficiency improvements.

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New Jersey

Assembly Bill 278
Reported from Assembly Committee 6/15/06.
A278 would establish the New Jersey State Building Green Building Technology Task Force.

Assembly Bill 3193
Referred out of Assembly Committee with amendments, and referred to Assembly Appropriations Committee 06/15/06.
A3193 would exempt from the sales and use tax all hybrid vehicles and certain highly fuel-efficient vehicles.

Senate Bill 1920
Introduced in Senate and Referred to Transportation Committee 6/08/06.
S1920 would create “Green E-Z Pass” discounts for certain fuel-efficient vehicles.

Senate Bill 1921
Introduced in Senate and Referred to Environment Committee 6/08/06.
S1921 would provide a sales tax exemption for materials and labor used to convert traditional motor vehicles into plug-in hybrid vehicles.

Senate Bill 1940
Introduced in Senate and Referred to Economic Growth Committee 6/08/06.
S1940 would provide corporation business and gross income tax credits for construction of buildings that meet certain energy and environmental performance standards.

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New York

Assembly Bill 11058
Referred to Consumer Affairs and Protection 5/02/06.
AB11058 would prohibit businesses that supply heating oil to residential customers from requiring that they meet a minimum level of heating oil consumption.

Assembly Bill 11480
Reported and Referred to Assembly Ways and Means 06/13/06.
AB11480 would authorize every state agency to conduct an energy life-cycle cost analysis if a facility is constructed or renovated.

Assembly Bill 11537
Set on the Assembly floor calendar 06/22/06.
AB11537 would enact the state Green Building Construction Act; requires new or substantially reconstructed agency buildings to comply with the United States Green Building Council (USGBC) energy and environmental design silver rating and guidelines.

Assembly Bill 11916
Introduced in Assembly and referred to Committee on Energy 6/15/06.
AB11916 would amend the public authorities law to continue and expand energy-efficient projects.

Senate Bill 7481
Introduced 4/25/2006.
SB7481 expresses legislative intent to undertake adequate energy planning, utilize beneficial energy demand and energy supply alternatives that reduce customer bills, and implement economical energy conservation.

Senate Bill 7862
Introduced and referred to Committee on Senate Investigations & Government Operations 05/05/06.
SB7862 would establish a business tax credit for qualified energy-efficiency expenditures.

Senate Bill 7909
Motion to Amend lost 05/15/06, Substituted by AB11331 05/15/06.
SB7009 would allow cities with a population of one million or more to adopt a residential energy exemption; provide personal income tax credits for costs to replace or renovate home heating systems; provide a clean heating fuel credit; direct NYSERDA to undertake an analysis of the feasibility and implementation of alternative fuels at gasoline stations along the New York state thruway.

Senate Bill 8061
Introduced and referred to Rules Committee 6/01/06.
SB8061 would exempt alternative energy systems, new energy star appliances and property used to improve energy efficiency in residential and non-residential structures from sales and use taxes.

Senate Bill 8213
Passed Senate and referred to Assembly Committee on Energy 6/20/06.
SB8213 would establishe a dairy energy management pilot project to assist farmers in increasing efficiency and establish a tax credit for energy-efficient farm equipment.

Senate Bill 8245
Introduced and referred to Rules Committee 6/14/06.
SB8245 would provide for a state workforce fuel reduction & conservation program which would develop strategies to reduce fuel consumption by the state's motor vehicle fleet and to reduce solo commuter trips by state employees.

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North Carolina

Senate Bill 1581
Referred to the Committee on Finance 05/18/06.
SB1581 would require a reduction and displacement of petroleum products, create an alternative fuels tax credit, protect consumers from extreme pricing practices, and transfer funds from the general fund to the highway trust fund.

Senate Bill 2051
Referred to Agriculture/Environment/Natural Resources 05/26/06.
SB2051 would increase energy independence by promoting the conservation of energy and water in public facilities and the use of alternative fuels and advanced technology vehicles in state fleets, and through energy-related tax incentives.

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Ohio

House Bill 594
Referred to Local and Municipal Government & Urban Revitalization Committee 05/18/06.
HB594 would require that the amount spent by counties on energy conservation measures be unlikely to exceed the amount saved in energy and operating costs over the average system life of the measures, and require that financed measures be paid for within their average system life.

Senate Bill 332
Referred to Senate Energy and Public Utilities 05/17/06.
SB332 would require that the amount spent by counties on energy conservation measures be unlikely to exceed the amount saved in energy and operating costs over the average system life of the measures, and require that financed measures be paid for within their average system life.

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Rhode Island

House Bill 7610
Passed House 6/01/06.
HB7610 would establish minimum energy and consumer savings by setting efficiency standards for certain products sold in the state.

House Resolution 7316
Passed House 5/10/06.
HR7316 would promote goals to reduce greenhouse gas emissions from the region's electricity sector.

House Bill 8025
Passed House and Senate 6/23/06.
HB8025would establish the Rhode Island energy-efficiency management fund, for purposes of funding electric and natural gas demand side energy management programs and renewable electric energy programs.

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South Carolina

House Bill 4312
Signed by the Governor 06/01/06. What's New!
HB4312 would provide a state income tax credit equal to twenty percent of certain new hybrid, fuel cell, alternative fuel, or lean burn technology motor vehicles.

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Tennessee

Senate Bill 2932
Signed by the Governor 05/12/06. What's New!
SB2932 would reduce the sales tax rate on certain fuel-efficient motor vehicles to 3.5 percent and allow single-occupant drivers of those vehicles to use high occupancy vehicle lanes.

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Vermont

House Bill 28
Signed by Governor 5/17/06. What's New!
HB28 proposes to establish state policy regarding outdoor lighting and an advisory board with a mandate to develop and update outdoor lighting guidelines designed to limit illumination levels, prevent glare, reduce light pollution, prevent light trespass, and promote energy efficiency.

House Bill 253
Signed by Governor 5/16/06. What's New!
HB253 proposes to establish energy-efficiency standards for the retail sale of new automatic commercial ice makers, ceiling fans, commercial clothes washers, commercial pre-rinse spray valves, commercial refrigerators and freezers, digital television adapters, furnaces, boilers, furnace air handlers, illuminated exit signs, large packaged air-conditioning equipment, low voltage dry-type distribution transformers, medium voltage dry-type transformers, metal halide lamp fixtures, single-voltage external AC to DC power converters, state regulated reflector lamps, torchieres, traffic signal modules, unit heaters, and any other products as may be designated by the public service commissioner.

House Bill 859
Signed by Governor 5/16/06. What's New!
HB859 gives the public service commissioner the authority to amend the residential building energy standards.

Senate Bill 259
Signed by Governor 5/22/06. What's New!
SB259 establishes goals for the state with respect to reducing the generation of greenhouse gases; that by January 1, 2050, the state generates no more than 80 percent below 1990 levels.

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Virginia

Senate Bill 262 What's New!
Approved by Governor 05/18/06.
SB262 would establish an energy policy of the Commonwealth and direct the Division of Energy of the Department of Mines, Minerals and Energy, in consultation with the State Corporation Commission, Department of Environmental Quality, and Virginia Center for Coal and Energy Research, to prepare, by July 1, 2007, a ten-year comprehensive Virginia Energy Plan to implement the Commonwealth's energy policy.

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Washington

LIB952
Filed 05/30/2006
LIB952 would provide tax breaks for the development of green power in Wasington State, educational grants for research into new Green Power industries, and specific home-owner upgrades (insulation, double pane windows, instant-on water heaters, solar water heaters, solar panels and geothermal heat pumps).

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