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The Coastal Property Insurance Crisis

More severe storms and rising sea levels pose a threat to U.S. coastal communities, including millions of homes and businesses. Insured damages to coastal property are steadily increasing, insurance premiums are increasing, and private insurance companies have stopped serving some coastal states. Taken together, the consequences of declining availability and increasing costs constitute a coastal property insurance crisis.

Washington: Climate Change

The Department of Ecology proposed to adopt new regulations governing Climate Commitment Act funds reporting. The regulations would establish reporting requirements for recipients of funding from the Climate Commitment Act accounts to enable the Department to complete an annual report to the state legislature. A hearing will be held June 5, 2024. Comments are due June 28, 2024.

Virginia: Water

The State Water Control Board proposed amendments to regulations governing the water protection permit program and groundwater withdrawal. The amendments would introduce mandates for water auditing plans and leak detection and repair plans. A hearing will be held July 10, 2024. Comments are due July 19, 2024. See https://register.dls.virginia.gov/vol40/iss20/v40i20.pdf (pp. 1686-99).

Utah: Water

The Department of Natural Resources proposed amendments to regulations governing water conservation requirements and incentives. The amendments would clarify defined terms, add flexibility in minimum project sizes, expand evidence proving an applicant is a water end user under contract with a water provider, increase the maximum incentive to $2 per square foot, add notice and cure provisions for participants whose projects initially fail to conform with approved plans, and provide other clarifying language. Comments are due June 14, 2024.

Utah: Governance

The Department of Natural Resources proposed to adopt a new rule concerning grant funding for water infrastructure projects. The rule would outline the application and approval process for receiving grant money from the Division of Water Resources for the construction or improvement of water infrastructure projects. Comments are due June 14, 2024. See https://rules.utah.gov/wp-content/uploads/b20240515.pdf (pp. 155-58).

Rhode Island: Air

The Department of Environmental Management proposed amendments to regulations governing the state’s low-emission and zero emission vehicle programs. The amendments would specify the requirements for the programs that implement California’s vehicle emission standards under §177 of the CAA. Comments are due June 14, 2024. See https://rules.sos.ri.gov/Promulgations/part/250-120-05-37.

New Mexico: Energy

The Energy, Minerals, and Natural Resources Department proposed to repeal and adopt new regulations governing the new solar market development income tax credit. The new regulations would increase the annual aggregate amount of state tax credits, provide a one-time appropriation to certain applicants, and simplify application requirements. A hearing will be held July 2, 2024. Comments are due the same date.

New Jersey: Waste

The Department of Environmental Protection proposed amendments to regulations governing discharges of petroleum and other hazardous substances. The amendments would, among other things, revise the description of what constitutes a “hazardous substance,” revise operational and financial responsibility requirements for major facilities, modify requirements as they pertain to transmission pipelines, and add climate resilience provisions to address climate change and its effect on the state. A hearing will be held June 11, 2024. Comments are due July 19, 2024.