23.0 Legal Concepts and Energy

1. 23.0 Legal Concepts and Energy Frank R. Leslie, B. S. E. E., M. S. Space Technology, LS IEEE 4/13/2010, Rev. 2.0 fleslie @fit.edu; (321) 674-7377 www.fit.edu/~fleslie

2. In Other News . . . • Crude oil continues to vary! • About $80/barrel this morning 090423

3. 23 Overview: Legal • There are legal constraints on what individuals and corporations can do to in order to protect the public interest • The Federal Government, States, counties, and municipalities pass and enforce requirements in order to reduce toxins in air, water and soil and to protect public safety • Zoning constraints exist to cluster industries and residences in different areas • There may also be constraints on the number of certain industries in order to reduce speculation that builds unnecessary merchant utilities that may economically fail 050426

4. 23.0 General • Legal restrictions are enforced by fines or lawsuits; more rarely, by imprisonment • To corporate executives, a day in jail is far worse than a $1M company fine • Difficulties in obtaining project approval may delay the project and result in cancelation or financial loss • Experts in local land use can help uncover and define these issues and resolve them before a project proceeds too far 070417

5. 23.1 Legal Aspects and Other Complications • Energy Policy Act of 2005 provides some improvements • PURPA: Public Utility Regulatory Policy Act of 1978. Utility purchase from and sale of power to qualified facilities; avoided costs • Power Plant Siting Act provides regulation by FERC • Energy Policy Act of 1992 leads to deregulation of utilities • Investment taxes favor conventional power • High initial cost dissuades potential renewable energy users • Lack of state-level net metering hinders offsetting costs (this may have changed recently; some 34 states have net metering) • Renewable energy credits needed to offset unlikely carbon tax on fossil fuels and “externalities” (pollution, health, etc.) • “NIMBYs” testify, insisting “Not In My Backyard”! • Need to consider beyond the first action; its results, and then what? • Are there unintended consequences? 100413

6. 23.0.1 Liability Assessment and Insurance • Projects may incur liabilities from legal action • Aside from compliance with existing law, a group that is philosophically opposed to the proposed use may sue to try to stop it or to delay implementation until the project becomes uneconomic and is withdrawn in defeat • The lawsuit might be unlikely to be won, yet dogged persistence by the plaintiffs can wear down the progress until the results are untenable, unachievable, and uneconomic • The project may have some degree of hazard • If the likelihood of occurrence is small, insurance premiums may be cheaper than trying to overcome the potential hazard ($risk =$consequence * probability) 090423

7. 23.0.2 Environmental Laws are increasing! Ref.: National Energy Technology Lab. Why Combustion? CD_ROM 040406

8. 23.1 Federal Governmental Standards and Regulation • Various branches of the Federal Government may have overlapping multiple oversight of energy, environment, public health and the economy • For any given project, several sets of laws or regulations may apply • There are also standards set by expert groups such as mechanical, electrical, or civil engineers • Governments often make legal reference to these specific standards, which then have the force of law • For example, the National Electrical Code was developed by the fire insurance industry to reduce the risk of electrical fires • Following good practice in the NEC is cheaper in the long term 050426

9. 23.1.1 Cooling Water Discharges 030317

10. 23.2 State Governmental Standards and Regulation • States may pass laws and regulations that are more strict than the Federal standards; e.g., California • Some states have extensive well-developed energy offices that seek to encourage renewable energy while other states do relatively little or nothing • California has a very strong environmental movement yet serious smog problems • These combine to lead to stringent laws against air pollution and great tax credit encouragement of cleaner forms of energy • Other states taking the lead are New York, Minnesota, Iowa, Washington, Oregon, and Texas 100413

11. 23.2.1 Wind Zone Compliance • In a hurricane-prone state, high winds may cause collapse of buildings or blowing of debris causing death or injury • Florida State law establishes zones of construction that must withstand winds of a certain speed • Local counties and municipalities then enforce codes of construction that are designed to meet the wind speed legal contours • “[according to] Section 109(4), Chapter 2000-141, Laws of Florida,local jurisdictions with the responsibility to enforce building codes were charged with the responsibility to identify the location of lines delineating wind speeds for that jurisdiction in accordance with American Society of Civil Engineers Standard 7, 1998 edition, by adoption of a local ordinance.” • Brevard County (East Central Florida) sets 120 to 135 mph by contours • Sarasota County (Southwest Florida) sets 130 mph 100413 http://www.dca.state.fl.us/fhcd/fbc/maps/2_maps-oldbad.htm

12. 23.2.1.1 Wind Zone Map 050426

13. 23.2.1.2 Wind Map • The red lines show the boundaries of 120 mph about a mile back from the Indian River Lagoon and 130 mph at the western boundaries of the Lagoon • These lines establish the construction techniques limits • For example, Florida Tech is in the 120 mph zone, while Indialantic is in the 130 mph zone • As these construction techniques become implemented, there will be less damage to structures and fewer injuries from flying pieces of them! http://www.dca.state.fl.us/fhcd/fbc/index_page/maps/county_maps/brevard2.pdf

14. 23.3 Local Governmental Standards and Regulation • County or regional governments enact comprehensive plans, zoning codes, and licenses to compel reasonable safety, orderly development, and use of lands • Cities and towns normally adopt national codes and standards by reference, and empower licensing and inspection processes • These restrictions are generally in the public interest for safety and lower the costs of fire-fighting The Great Chicago Fire was said to have been caused by Mrs. O’Leary’s cow kicking over a lantern into straw on the barn floor. The resultant firestorm spread to other buildings, causing great damage to the downtown area http://www.chicagohistory.org/fire/conflag/pic0066.html 050426

15. 23.3.1 Comprehensive Planning • Comprehensive land use plans establish goals for the future implemented by restrictions on land use • Certain areas have many wetlands (a.k.a. swamps) and are unsuitable for development • Developers lobby to fill them anyway • Large area usage is defined and plans for roads, business centers, etc. are laid out; Viera, for example • In Palm Bay, Florida, the early developer (GDC) established wide connector road rights-of-way that could be readily expanded to four lanes as the city “built out” -- good idea! • Many of the side roads were paved “sales roads” about 3/8 inch thick! Bad idea! 060425

16. 23.3.1 Zoning Codes • Zoning codes establish the expected use of a legal parcel of land • Similar uses tend to be in the same area as they are geographically mapped to determine boundaries • Conflicts (protests) sometimes exist where tall condominiums are built near single-family residences • There are many clean industries now like Harris Corp. that should be built in mixed residential areas • This mixed use allows employees to live close to work, reducing road traffic and resultant pollution • Mixing of apartments with single-family residences can work if the number of apartments is limited to perhaps four to six apartments per building and limit apartment buildings to one per residential block(common in Dayton, Ohio in 1950s) 100413

17. 23.4 Electrical Codes (NEC) • The National Electrical Code (NFPA-70) has been published by the National Fire Protection Association since 1911. • The original code was developed “in 1897 as a result of united efforts of insurance, electrical, architectural, and other allied interests.” • Major sections are devoted to photovoltaics (690), grounding (250), batteries (480), and Recreational Vehicles (551) • Even if not required by an overseas country or area, following this US code overseas provides safety protection, even if somewhat more expensively • My grandfather (a northwest Ohio electrician) once told me about a farmer who drilled holes in the attic wood rafters and ran uninsulated iron fence wire through the holes to distribute electricity to his home! [REALLY TRULY NOT GOOD!] 100413

18. 23.5 NIMBYs and Political Pressures • With our traditions of freedom and public involvement, open government meetings provide a forum for aggrieved citizens for request (or demand) that government do something right now! • Usually, the target is something that affects the individual protesting or is just something that they philosophically oppose • Sometimes or often, laws or ordinances are passed as a result of the shrill clamor that might be based more upon emotion or irritation than reason • Political Action Committees (PACs) often keep records as to how votes were cast; “right” (in agreement with the PAC position), or “wrong” (against the PAC position); various PAC opinions differ! • These lists are circulated with great hoopla (also see “ballyhoo”) at election times to try to get “wrong-thinkers” thrown out and replaced with “right-thinkers” • What’s good for a particular PAC isn’t always what’s good for the rest of us! (Look for misleading names like “Americans for the Betterment of Everything”, “Patriots for the American Way”, or other endearing name) 100413

19. 23.5 New Political Actions • On 4/24/2003, Florida Today newspaper covered a story that the Libertarian Party announced a plan to select a low-population state like Idaho (pop. 1,006,000) or Wyoming (pop. 494,000) to target as a Libertarian state • After selecting the most promising state, New Hampshire, 20,000 Libertarians would be recruited to move to that state to become very active in advocating their opinions, run for office, get out the vote, etc. • This is known as the “Free State Project” at http://www.freestateproject.org/ • If “natives” could be convinced, or if they were not active in politics or elections, great influence of the Libertarians would result, and the state could be taken over! 090423

20. 23.C Conclusion: Legal • Legal restrictions enforce many things that people should do anyway, but perhaps would not due to cost or bother • Many think “If it feels good, do it!” • The public good (good for the public in general) is protected by these laws and regulations • Without legal requirements, there would be little possibility of recovery for loss or injury • Property rights advocates want to do whatever they want with their property without government rules or regulations • Renewable energy installations should be designed to comply with these legal restrictions 050426

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22. References: Books • Boyle, Godfrey. Renewable Energy, Second Edition. Oxford: Oxford University Press, 2004, ISBN 0-19-26178-4. (my preferred text) • Brower, Michael. Cool Energy. Cambridge MA: The MIT Press, 1992. 0-262-02349-0, TJ807.9.U6B76, 333.79’4’0973. • Duffie, John and William A. Beckman. Solar Engineering of Thermal Processes. NY: John Wiley & Sons, Inc., 920 pp., 1991 • Gipe, Paul. Wind Energy for Home & Business. White River Junction, VT: Chelsea Green Pub. Co., 1993. 0-930031-64-4, TJ820.G57, 621.4’5 • Patel, Mukund R. Wind and Solar Power Systems. Boca Raton: CRC Press, 1999, 351 pp. ISBN 0-8493-1605-7, TK1541.P38 1999, 621.31’2136 • Sørensen, Bent. Renewable Energy, Second Edition. San Diego: Academic Press, 2000, 911 pp. ISBN 0-12-656152-4. • Tester, Jefferson W. , Elisabeth M. Drake, Michael J. Driscoll, Michael W. Golay and William A. PetersSustainable Energy Choosing Among Options. Boston: MIT Press, 870 pp. July 2005 ISBN-10:0-262-20153-4 090404

23. References: Websites, etc. http://www.dca.state.fl.us/fhcd/fbc/maps/2_maps-oldbad.htm http://www.chicagohistory.org/fire/conflag/pic0066.html Look here for the Great Chicago fire of 1871 that may have been caused by a cow kicking over a lantern! ______________________________________________________________________________________ windenergyexperimenter@yahoogroups.com. Elist for wind energy experimenters 050426