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Hearing Report
From: Squire Patton Boggs (US) LLP

Date: July 26, 2019

Subject: House Subcommittee on Energy and Mineral Resources Hearing: “Increasing

Renewable Energy on Public Lands”

I. Executive Summary

On Thursday, July 25, 2019, the House Subcommittee on Energy and Mineral Resources held a
hearing to explore the increasing role of renewable energy being developed on public lands.
Specifically, the committee discussed H.R. 3794, the Public Land Renewable Energy Development
Act of 2019. This bill aims to promote the development of renewable energy on public lands and for
other purposes. Some other topics of discussion included: 1) use of public land; 2) conservation; and
3) benefits of the proposed legislation.

Overall, the hearing outlined what sorts of benefits that H.R. 3794 will bring to the nation in a
bipartisan effort to expand renewable energy on public lands. More specifically, the committee
discussed how localities and counties might benefit through revenue sharing and how the
development of renewable energy projects might change the economic landscape of these areas.
Members from both sides of the aisle agreed that expanding renewable energy is in the best interest
of job growth and mitigation of climate change.

The following witnesses testified at the hearing:

 Abigail Hopper, President and CEO, Solar Energy Industries Association

 David Bobzien, Director, Nevada Governor’s Office of Energy
 Chris Wood, President and CEO, Trout Unlimited
 Robert Lovingood, San Bernardino County Supervisor, First District

II. Opening Statements

Chairman Alan Lowenthal (D-CA-47) highlighted that clean, renewable energy technologies like
wind and solar are now powering a renewable revolution, citing April as the first month during
which the U.S. received more energy from renewable sources than from coal. He explained that
there is no doubt that moving toward renewable energy is vital for future generations, and that
public lands are primed for wind, solar, and geothermal potential. Chairman Lowenthal also noted
that many renewable energies are cheaper than fossil fuels, and that it is not a partisan issue to
consider improving the diversification of the energy mix. According to Chairman Lowenthal, new
projects on public lands have significantly slowed down in the Trump Administration. Lastly, he
addressed H.R. 3794 by saying that it addresses the cost of development, approves permitting at the
Interior Department, and ensures that public lands projects will protect wildlife habitat and bolster
local communities and their economies.
Ranking Member Paul Gosar (R-AZ-4) recognized the importance of solar and wind
development, but cited the costly federal permitting process as a reason why there has been a
slowed- down development trend. Thus, Ranking Member Gosar explained that H.R. 3794
establishes a coordination office to improve coordination across agencies responsible for permitting
processes. Secondly, it requires the Interior Department to conduct a thorough review every five
years to establish priority areas for new renewable projects. He also applauded the revenue-sharing
mechanism established in the bill to allow states and counties to receive some of the revenue of the
projects, offsetting the loss of revenue from non-taxable lands. Lastly, he explained that the bill
establishes a renewable energy resource conservation fund, which makes money available to help
preserve the public lands. Ranking Member Gosar called for bipartisan cooperation to help boost
renewable energy projects on public land.

III. Witness Statements

Abigail Hopper emphasized the importance of public lands management to help support
thousands of jobs in rural areas and the production of utility-scale projects to provide energy to
millions of homes. Hopper explained that utility-scale solar is competitive and cheap, which
increases the importance of having an efficient permitting process. She further supported H.R. 3794
by highlighting that many companies like hers experience delays due to the Bureau of Land
Management’s lengthy permitting process. According to Hopper, attributes of H.R. 3794 that are
most beneficial to the solar industry are: 1) codifying the renewable energy coordination office, to
process new solar plants; 2) providing certainty about rent increases; and 3) ensuring that the
benefits of solar energy development is shared with communities through revenue-sharing structure.
She called for further legislative help, specifically the extension of the Investment Tax Credit, which
has helped create hundreds of thousands of solar jobs. (testimony)
David Bobzien shared Nevada’s support for H.R. 3794 and explained that Nevada is committed to
expanding clean energy projects. Nevada has many public lands available for renewable energy
development, but Bobzien called for the importance of mitigating climate change impacts, including
new renewable projects, to preserve natural habitats. He also supported the development of utility-
scale projects in hopes to meet Section 9’s goal of 25 gigawatts from renewable energy sources by
2025. He explained that Nevada’s renewable projects have brought in thousands of jobs and billions
of dollars in revenue for the state. (testimony)
Chris Wood and Trout Unlimited supported H.R. 3794 on behalf of sportsmen and women on
multiple accounts. First, renewable energy on public lands will be a huge part of our energy mix in
the future. Second, he applauded the bill’s expedited permitting process that coincides with the
National Environmental Policy Act. Third, he cited the bill’s establishment of a conservation fund
that will help preserve hunting and fishing on public lands. Fourth, Wood referred to the equity and
fairness of the revenue sharing mechanism that will help foster economic incentive for localities in
the development of renewable projects on their lands. Lastly, he commended the coordination
offices established by the bill to help expedite development projects. Wood explained that the
challenge that the country faces is ensuring the safe, long-term use of public lands that will not be
deserted in the future, and explained that H.R. 3794 will help meet those goals for the common
good. (testimony)
Robert Lovingood testified in support of H.R. 3794 on account of its ability to consider local
governments and communities in the development of renewable energy projects. He applauded its
balanced approach to spurring economic growth through a streamlined permitting process of
renewable energy projects. Lovingood cited dozens of renewable energy projects in his city, and
explained that counties must provide infrastructure to help establish new renewable projects. He
further explained a per-acre fee that San Bernardino has on projects of this type, but cited that H.R.
3794 is estimated to bring in over $1 million in revenue for San Bernardino alone, and it would only
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grow with more projects. Lovingood also commended the conservation fund established by the bill
to help protect habitats and wildlife of the local communities. (testimony)

IV. Discussion

a. H.R. 3974

Rep. Degette asked Lovingood how the bill will specifically address his county’s needs, to which
he responded by saying the revenue sharing mechanism will help preserve their public land and
provide funding for infrastructure. Rep. Hern asked how the bill may lead to job growth. Hopper
explained that streamlined permitting will allow for more projects and more need for labor in
construction and management. Bobzien outlined that new energy projects will allow for more
cooperation and better jobs for communities. Ranking Member Gosar asked if there is
opportunity to provide efficiency through the NEPA process to mitigate dangers like wildfires.
Wood highlighted wildfires as an issue for native fish populations, and said that NEPA allows for an
expedited process, but also allows for more scrutiny in the development of projects. Rep. Levin
addressed Section 7 of the bill, which gives the Secretary of the Interior oversight on projects.
Hopper responded by saying that it is an important part of the legislation because businesses need
certainty from the government. Wood also explained that it will minimize conflicts and renewable
energy development will be a smart, thorough process.

b. Use of Public Land

Chairman Lowenthal asked if meeting aggressive carbon reduction goals is possible without the
expansion of projects on public lands. Bobzein explained that utility-scale projects are the only way
to meet goals of that nature, meaning that there needs to be more projects on public lands.
Chairman Lowenthal also asked about the nature of intermittent energy resources, to which Hopper
and Bobzien explained that battery storage and distributed energy resources will help level off the
grid during peak demand. Ranking Member Gosar inquired if revenues to local communities
would go toward local infrastructure projects. Lovingood emphasized that it would help maintain
infrastructure in counties across the nation, and that Payments in Lieu of Taxes (PILT) can only do
so much for a county. Rep. Westerman asked what designated leasing areas have done to facilitate
solar development on public lands, to which Hopper responded by explaining that it has decreased
land disputes and has streamlined the process. She further explained that priority areas would have
the same positive benefits for wind projects.

c. Conservation

Ranking Member Gosar and Wood discussed why sportsmen and women support the bill. They
came to the conclusion that preserving natural lands and habitats can help keep communities healthy
and make lands better suited for renewable projects. Rep. Degette posited that the bill could foster
stakeholder cooperation, and inquired if the witnesses agreed. She also asked how a shift to
renewables would be met with ensuring that ratepayers are not forced to pay more, to which
Bobzien responded by saying that it is a utility company issue. Ranking Member Gosar asked
how the nation can be self-sufficient in energy with battery storage and also act in remediation for
abandoned mines on public lands. Bobzien cited the rare earth mineral potential in Nevada, where
batteries can be produced in large amounts to help with energy intermittency