13. MPCA advocates for violating the state’s 100% carbon free electricity law

Photo by Tom Caillarec

In 2023, Minnesota passed landmark legislation that commits its energy system to running on “carbon free” electricity by the year 2040. The legislation contains compromises and “off ramps” for small utilities should they have a hard time complying, but the essential definition of “carbon free” is very clear: “‘Carbon-free’ means a technology that generates electricity without emitting carbon dioxide.” 

This law is meant to be administered by the Public Utilities Commission (PUC), which oversees how electric utilities maintain reliability and keep utility rates reasonable, while implementing our renewable energy and clean energy mandates. The PUC's responsibility is to uphold the law independently, without political interference from state agencies. 

After the 100% Law was passed, the PUC took public comment on how it should be applied. The Minnesota Pollution Control Agency (MPCA) responded and recommended that “carbon free” should include burning trash and burning woody biomass. This is in direct violation of the law since both emit carbon dioxide.  

Burning trash and woody biomass emits far more carbon, and far worse health-harming pollution than coal or other fossil fuels when you account for pollution per unit of energy. Nonetheless, MPCA in comments to the PUC made scientifically inaccurate and tortured arguments that because the clear definition of “carbon free” didn’t mention methane, the Commission should rejigger the whole system to allow burning things where there might be a methane emission before or after the burning, if not for the opportunity to burn trash or biomass.  

The PCA should not be doing the dirty work of the garbage industry or helping the wood products industry to make toxic railroad ties, discarded wood products tainted with PFAS and toxic metals, and entire trees that could be growing and sequestering carbon, into the fodder of a new dirtier energy system.   

The PCA may have wanted the Legislature to pass a loosely-written “carbon neutral” law which would have invited word games that promote certain industries.  But the Legislature did not do that. Legislators passed a “carbon free” law with a clear definition. The polluting industries who lost at the legislature are free to reach out to industry-friendly legislators and attempt to amend or repeal the law (and have done so since 2023).  But unless and until they successfully do that, the law exists as it is written and must be enforced.

Links:

Mitchell Hamline Law Journal of Public Policy and Practice, Carbon Free TBD, (2024)

Organizations for a Just 100% Carbon-Free Minnesota Comment to the PUC, July 24, 2024

MN Environmental Justice Table and CURE Comment to the PUC on waste incineration, July 24, 2024

Partnership for Policy Integrity, CURE, and Minnesota Interfaith Power and Light Comment to the PUC on biomass energy, June 28, 2024

Clean Energy Organizations Comment to the PUC on the legal underpinning of “carbon free,” June 28, 2024