How Prepared Are You for the Surge in California’s Green Hydrogen Economy?

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Sheppard Mullin Richter & Hampton LLP

2023 is set to be a banner year for green hydrogen project development in California thanks to growing government commitment (see a brief timeline of key investments in 2022 below) and increasing demand.

Those developing and investing in green hydrogen infrastructure should prepare now to navigate the complex state and local laws applicable to the industry.

Click here to request a copy of Sheppard Mullin’s Green Hydrogen Readiness Assessment. 

2022 Green Hydrogen Milestones

  • December 15, 2022:
    • CPUC approved SoCalGas Co.’s memorandum account application for the Phase 1 feasibility study of Angeles Link, which, if completed, will be the largest green hydrogen pipeline in the US.
    • CPUC ordered utilities Pacific Gas and Electric Company, SoCalGas, Southwest Gas Corporation, and San Diego Gas and Electric to develop pilot projects to evaluate standards for the injection of green hydrogen into California’s pipeline system.
    • California approved its roadmap to achieve complete carbon neutrality by 2045, a commitment that will lean heavily on green hydrogen and other renewable energy technologies.
  • September 27, 2022: California signed AB-157 into law, Section 4 of which authorizes the Governor’s Office of Business and Economic Development to submit an application to receive grants from the regional green hydrogen hub program established by the US Department of Energy pursuant to Section 16161a of Title 42 of the United States Code.
  • September 16, 2022: California signed SB-1075 into law, requiring various state agencies to analyze green hydrogen’s potential to further decarbonization and reduce greenhouse gas emissions and provide policy recommendations to fast-track the industry’s growth.
  • August 16, 2022: The Inflation Reduction Act (IRA) set aside $9.5 billion in production tax credits (PTC’s) for green hydrogen development, granting $3/kg of green hydrogen produced, bridging the current disparity in cost between green and grey hydrogen.
  • May 18, 2022: The California Governor’s Office of Business and Economic Development announced the state’s intention to develop a renewable hydrogen hub using funds from the federal Infrastructure Investment and Jobs act.
  • May 17, 2022: The Los Angeles City Council approved a motion requiring the Port of Los Angeles, Los Angeles Department of Water and Power, and other agencies to submit a proposal to the US Department of Energy to receive federal funds to become a regional green hydrogen hub with the goal of decarbonizing the Port of Los Angeles.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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