Balancing Energy Costs & Climate Goals

Along the East Coast, state lawmakers are now grappling with the challenge of balancing ambitious energy goals with rising utility rates for consumers. In Rhode Island and Maryland, this balancing act has taken center stage, with lawmakers recently offering up two approaches for addressing energy affordability.

In Rhode Island, Senator Todd M. Patalano has introduced a legislative package aimed at reducing residential electricity rates. His proposals include delaying the state’s 100% renewable energy mandate from 2033 to 2043, adjusting net-metering credits to lower supply costs, and suspending certain taxes on utilities. Taken together, Patalano’s overall approach attempts to strike a balance between critical energy infrastructure investments and their perceived costs to ratepayers.

“Rhode Islanders need both lower bills now and relief from rising rates in the future,” said Patalano in a press release. “The goals of these [renewable energy] programs are admirable, but we cannot afford to price out seniors and working-class Rhode Islanders today to fund projects next decade.”

The proposed reforms aim to create an immediate reduction in electricity costs while maintaining a long-term commitment to sustainability. For example, one bill in the package would push back the timeline for achieving 100% renewable energy in order to slow the pace of cost increases for consumers. Another measure would change how solar energy producers are credited, shifting them from a higher retail rate to a lower wholesale rate to reduce overall electricity costs.

Maryland lawmakers are also tackling the issue of energy affordability. Recent testimony before the Maryland legislature delivered by Abraham Silverman, a research scholar at Johns Hopkins University’s Ralph O’Connor Sustainable Energy Institute and principle at SilverGreen Energy Consulting, underscored the disproportionate impact of rising electricity costs on low-income and fixed-income households. As Silverman similarly argued, while the transition to clean energy is necessary, affordability must remain a priority to prevent financial hardship among residents.

In his testimony, Silverman stated, “Consumers need real cost savings alongside our sustainability efforts. It’s not just about transitioning to clean energy; it’s about making sure that transition doesn’t leave people behind.” For their part, Maryland lawmakers have recently focused on consumer protections, exploring ways to ensure that electricity rate structures do not disproportionately impact vulnerable populations. In this way, Maryland’s approach highlights a commitment to economic fairness in the pursuit of clean energy.

Ultimately, both states highlight a fundamental policy debate: How do we achieve long-term energy sustainability without overburdening consumers today? The approach taken by Rhode Island—reassessing state mandates and tax liabilities—offers one pathway. Meanwhile, Maryland’s focus on consumer protections and financial fairness suggests another.

“I am grateful to Senator Patalano for sponsoring the Energy Cost Reduction package in the Senate,” said Rhode Island Representative Charlene M. Lima, who introduced matching bills in Rhode Island’s House. “While laws aimed at tackling climate change are important, they should not place undue financial burdens on Rhode Island ratepayers who are already struggling with some of the highest rates in the nation,” said Lima.

As states continue to deliberate this important issue, policymakers will likely focus on identifying those measures that can best balance climate goals with economic realities. Rhode Island and Maryland’s efforts serve as current examples of solutions aimed at working for both the climate and the consumer.

Expanding Housing Options in Single-Family Zones

The rate of new housing production plummeted during the 2008 financial crash, and has not yet fully recovered, exacerbating a nationwide housing shortage. The U.S. Census Bureau found that, in 2005, approximately 2.2 million units of housing were authorized for construction, which is more new units than between 2008-10 combined. The drastic fall in residential construction resulted in the lowest recorded number of new housing permits in the last 60 years: the U.S. authorized the construction of fewer new homes between 2010-2019 than any of the previous 5 decades. In New York City, “permits for middle density buildings were reduced by almost 70% in the post-recession period,” writes Marcel Negret, in a report for the Regional Plan Association. The deficit, he says, “represents almost the entire decline in housing production overall between the pre and post-recession periods.” The global pandemic in 2020 caused further problems by disrupting supply chains and elevating the costs for materials and labor.

Housing emerged as a headlines issue in recent years, but the problem has been decades in the making. Although middle housing types – such as duplexes, fourplexes, and townhouses – were commonly developed prior to the 1940s, limited new construction has effectively split the market into single-family homes and multifamily apartments. Zoning and land use regulations have become increasingly rigid and widespread, resulting in both the explicit and implicit exclusion of mid-sized housing options. An explicit exclusion is a restriction upon the types of housing that can be permitted by-right within a particular zone. “By-right” or “as-of-right” refers to development that is allowable without undergoing an environmental review process. Development projects that are not “by-right” are subject to public hearings where proposals can be rejected, postponed, or required to complete costly studies.

The significance of single-family zoning is not that it allows for single-family homes, but that other more naturally affordable housing types are excluded. The amount of residential area zoned exclusively for by-right single-family housing in Connecticut is 70.2%, according to Sara Bronin, founder of the National Zoning Atlas. Similarly, analysis by Housing Works RI found that 87% of the state is zoned for single-family housing by-right, while by-right zoning for multi-unit options is much lower: 20% for two-family, 9% for three-family, and 8% for four-family. New policies are being introduced to expand the types of housing that can be built, in addition to single-family, by loosening zoning and land use regulations.

In 2024, Connecticut passed H.B. 5474, which offers incentives to municipalities that adopt zoning regulations allowing “middle housing” to be developed by-right on any lot that allows for residential, commercial, or mixed-use development. Similarly, in 2021, the state passed H.B. 6107 to allow the by-right development of accessory dwelling units (ADUs) in designated zones and on lots permitting single-family homes, although municipalities can opt-out with a large enough majority. In Rhode Island, a package of 14 housing bills passed in 2024, including H.B 7062, providing statewide rights to develop ADUs, and H.B. 7980, which allows manufactured housing development by-right wherever single-family housing is allowed.

In 2019, Oregon passed H.B. 2001, becoming the first state to eliminate exclusive single-family zoning, thus allowing a range of middle housing types anywhere that single-family homes are also permissible. Only a handful of states have passed similar legislation, including California, Washington, and two northeastern states. Maine passed L.D. 2003 in 2022, and Vermont passed S.100, or the HOME Act, in 2023, both of which expand the variety of housing options wherever single-family homes are allowed. “If that kind of legislation is introduced, you’re allowed to build middle housing in a single-family neighborhood, which means that single-family will exist along with the middle housing development,” said Samar Jha, government affairs director for AARP, who spoke at CSG East’s 63rd Annual Meeting.

Zoning regulations can also result in the implicit exclusion of various housing options by imposing mandates, which may increase development costs to the extent that middle housing types are no longer financially feasible to develop. For example, parking requirements, minimum lot sizes, building height restrictions, or other mandates, can affect the cost of housing. Maine and Vermont each found ways to reduce some restrictive mandates. To reduce the costs of an affordable housing development, Maine’s L.D. 2003 limits the parking requirements to 2 spaces per 3 units, and for ADUs, the law prevents the conditional requirement of any new parking spaces. Vermont’s HOME Act limits parking requirements to 1 space per unit in areas served by sewer and water. New Hampshire has also taken strides to curtail exclusionary zoning. In 2016, the state legalized ADUs statewide with the passage of S.B. 146, and in 2024, it passed H.B. 1400, which reduces residential parking requirements to 2 spaces per unit. In 2021, New York proposed S. 7574, aiming to reduce minimum lot sizes, prohibit off-street parking as a requirement, and legalize middle housing on any residential lot with additional density permitted near transit; however, the bill did not pass.

Other states have found incremental ways to cut the red tape around the development of ADUs, middle housing types, and manufactured housing, to expand the availability of housing options in single-family zones. Maryland passed the governor’s three-bill package of housing legislation in 2024, including H.B. 538, or the Housing Expansion and Affordability Act of 2024. “On all single-family zoned property in the state, now, in every county and every jurisdiction, modular and manufactured housing is allowed by-right,” said Jake Day, the secretary of Maryland’s Department of Housing and Community Development, at CSG East’s 63rd Annual Meeting.

Massachusetts also legalized ADUs in 2024 with the passage of a historic $5.16 billion Affordable Homes Act, or H. 4977. In a panel discussion at CSG East’s 63rd Annual Meeting, Secretary Ed Augustus, who leads the Massachusetts Executive Office of Housing and Livable Communities, described some of their initiatives and outlined the realistic challenges still imposed by the housing crisis. He said, “All of the things that challenge us to build housing: high interest rates, high construction material costs, the availability of land and parcels that you could assemble to create developable zones are still there. We’re just saying we’re removing one factor from the barriers to housing production, which is zoning.”

States are continuing to explore zoning reforms that would accelerate the production of new housing and allow for a wider variety of housing options to be available at lower costs. For more on upcoming policy events and how to access CSG East housing policy resources, contact housing policy analyst Joseph Shiovitz at [email protected].

Message from David Adkins on CSG East Leadership

David Adkins

Leadership shifts are milestones in any organization’s journey, and today marks one for The Council of State Governments Eastern Regional Conference (CSG East). After years of service, David Biette will be moving on from his role as Director of CSG East. We thank David for his service and wish him the very best.

With David’s departure, the leadership of CSG East will be launching a search to recruit David’s successor. During the interim, they have named Jason Moseley to lead the CSG East staff. Jason brings to this role over 17 years of experience with CSG, where he currently serves as Deputy Executive Director and General Counsel.

With the leadership of its executive committee members and regional officers, combined with Jason’s expertise, and the support of an outstanding team, I know CSG East will continue to deliver without interruption the high-quality services and programs you have come to value.

Members of the CSG East team will be visiting state capitols soon and they look forward to sharing all the ways CSG works to connect, inform, inspire, and empower state officials.

All of us at CSG, along with our friends in the Ocean State, are looking forward to seeing you at the CSG East Annual Meeting this summer in beautiful Providence, Rhode Island on August 17-20, 2025. You won’t want to miss this incredible event.

Please reach out to Jason directly at [email protected], 859-244-8145 with any questions about CSG East. You can also email general inquiries to [email protected].

It is our honor to serve the dedicated public servants who govern the states.

Thank you for your continued participation, support and leadership.

Housing Initiatives Outlined by Rhode Island’s Speaker Shekarchi in Congressional Testimony

The U.S. Senate Budget Committee convened a hearing on September 25 regarding The Costs of Inaction: Economic Risks from Housing Unaffordability. Five expert witnesses provided testimony, including Speaker Joseph Shekarchi, who has served in the Rhode Island House of Representatives since 2012, became House Majority Leader in 2016, and was elected as Speaker in 2021. “Over the last four years, working with my colleagues in state government, we have passed almost 50 new housing laws,” he said during his testimony.

In 2021, the State of Rhode Island established a Commission on Housing Affordability and a Commission on Land Use, both of which Speaker Shekarchi acknowledged as vital to developing the state’s housing legislation. “We are listening to the experts, following the data, and making real, sustained progress,” he said.

During his testimony, Speaker Shekarchi highlighted several of Rhode Island’s recent housing initiatives. “The legislation we’ve passed has focused on reducing barriers to development, eliminating red tape and redundancy with the goal of increasing housing production,” he said. Those examples include the following:

  1. A permanent revenue stream for the development of affordable housing
    Legislation passed in 2021 amended the state’s real estate conveyance tax to create an incremental tax on real estate transactions exceeding $800,000, which would fund a Housing Production Fund to support the development and preservation of affordable housing in Rhode Island.
  2. A new state-level Department of Housing and Secretary of Housing cabinet position
    The legislature created a new position for a Secretary of Housing in 2022, and established a new Department of Housing, effective January 1, 2023. The new department will lead the development of the State Housing Plan (Housing 2030).
  3. A dedicated court calendar to streamline housing appeals
    “Developers complained that some communities were using the appeals process as a stalling mechanism,” he said. “For developers, time is money.” To minimize delays in the development process, H.B. 6060 establishes a separate land use calendar, presided over by the superior court, and mandates that appeals shall be completed within 60 days of filing. Previously, only property owners would appeal to the superior court, while developers appealed to the State Housing Appeals Board; however, the legislature passed H.B. 6083 to direct appeals from both parties to the superior court.
  4. Legalizing accessory dwelling units (ADUs)
    “Rhode Island’s legislation allows ADUs by right when meeting certain requirements, eliminating zoning approval and additional costs,” he said. The legislation, H.B. 7062, was signed into law in June 2024. “ADUs are a great option for seniors wishing to age in place, for recent graduates looking for cost-effective housing, and for disabled individuals to live independently in proximity to family members. ADUs offer gentle density by adding additional housing units to existing blueprints without changing the character of a neighborhood.”
  5. Expanding access to manufactured housing
    H.B. 7980, passed in 2024, legalizes manufactured homes wherever single-family homes are allowed by zoning.
  6. A first-time homebuyer program
    Rhode Island created a Statewide Down Payment Assistance Grant using $30 million of American Rescue Plan Act (ARPA) State Fiscal recovery funds. The program provided $17,500 to eligible first-time homebuyers. “It was a success, resulting in the participation of 1,672 homebuyers, 46 percent of whom are minorities and 47 percent of whom are female-headed households,” said Speaker Shekarchi.

NYSERDA Event Emphasizes Regional Collaboration, Nuclear Power as Keys to Region’s Future Energy Economy

Earlier this month, New York Governor Kathy Hochul and the New York State Energy Research and Development Authority (NYSERDA) hosted a summit in Syracuse to discuss the future of the state’s energy economy. Because New York’s climate law sets aggressive targets for decarbonizing its economy by 2050, the summit was intended as part of an effort to solicit feedback on strategies to accelerate renewable energy deployment and to explore the role of next-generation clean energy technologies. In attendance were state executive agency officials, energy industry leaders, labor groups, and global experts. From the panels and ensuing discussions, three key themes emerged.

Nuclear Power

Kicking off the event, Governor Hochul emphasized that decarbonizing New York’s economy and meeting its future energy demands would involve more than solar panels and wind turbines: “I’m so excited about this all-of-the-above approach—except for the fracking and the coal—wind and solar, geothermal, hydrogen or even splitting an atom.”

In fact, atom-splitting proved to be a major focus of the summit. Following the state’s release of a “draft blueprint” for new nuclear resources, which highlighted the potential for new nuclear energy development while also raising questions about funding, siting, waste and workforce needs, several at the summit discussed how essential nuclear power will be to New York’s future energy portfolio. The discussion covered substantial ground, from the US Department of Energy’s Gateway for Accelerated Innovation in Nuclear (GAIN) Program to New York’s Green CHIPS tax incentive legislation to microreactors being used in remote Canadian communities.

For instance, in one panel devoted to Global Perspectives on Advanced Nuclear Deployment in Other States and Nations, Marc Nichol, Executive Director of the New Nuclear Energy Institute, asserted that nuclear energy’s one advantage over every other energy source was its “energy density.” “It is superior,” Nichol said, “for land-use planning as well as [national] security planning.”

Grid-Scale Storage

A second key theme to emerge from the summit’s discussions was the critical role of developing more grid resilience and transmission capacity through grid-scale storage.

“If you love nuclear power, you should really love storage,” said Dr. William Acker, Executive Director of the New York Battery and Energy Storage Technology Consortium. Speaking as part of a panel on next-generation energy technologies, Dr. Acker emphasized the importance of grid-scale storage while echoing a recent article appearing in The Economist when he argued for storage’s importance to the state’s future economic development as well as its potential for investment: “[Energy storage] is green energy’s next trillion-dollar industry.”

Regional Collaboration

From these discussions, what quickly became clear is that discussion of storage must contend with the necessity of interstate and interregional collaboration and planning—a point made explicit by Laura Beane, North American President of Vestas: “New York needs stronger regional collaboration” on the energy front. Beane elaborated that regional collaboration must involve more than just interstate planning. It will also involve the challenging task of building up resilient supply chains at the local level: “We want local supply chains…We need a new system.”

With all the excitement surrounding New York’s future energy and economic potential, a few voices at the conference offered sober reminders about market readiness. Eric Cohen, Head of Green Economy Banking with JP Morgan Chase, reiterated the importance of “market signals”, “commercial readiness”, and “tax equity” being in place before committing major investments to energy projects. For all of this new development to take place, Cohen said, we need “thorough energy systems analysis paired with comprehensive market data and research.”

CSG East job opening: Events Coordinator

The Events Coordinator position supports the planning, coordination, and execution of the organization’s meetings, programs, and special events of various sizes, as well as booking travel for individual trips of members and colleagues. The position also conducts various administrative functions.

This opportunity is based in our New York City office but offers flexibility to work from home part of the work week.

New Series! Partnering with HUD on Affordable Housing: Best Practices for State Governments

Partnering with HUD on Affordable Housing:
Best Practices for State Governments

CSG East is co-hosting a 5-part virtual housing series with the U.S. Department of Housing and Urban Development. State legislators, agency officials, and staff are invited to join these sessions to share best practices between states and improve partnerships with HUD.

The agenda for each session includes an introduction by HUD leadership, presentations by HUD subject experts, and a discussion by state leaders on their successes and challenges with housing policies and programs. Presentations will be followed by Q&A with attendees.

  1. Thursday, September 19 @ 2:30pm
    Homeownership Programs (Register now)
  2. Tuesday, September 24 @ 11:30am
    Housing Preservation Programs (Register now)
  3. Tuesday, October 1 @ 11:30am
    Housing Development Programs (Register now)
  4. Thursday, October 3 @ 2:30pm
    Community Development Programs (Register now)
  5. Thursday, October 10 @ 2:30pm
    Rental Programs (Register now)

*Sessions will be moderated by Matt Heckles, Regional Administrator for HUD Region 3.

Session#1: Homeownership Programs
Delaware State Housing Authority

Thurs, September 19 @ 2:30-3:45pm

Explore initiatives that promote and support homeownership among low- to moderate-income individuals and families.

Register Now via Teams

Agenda:

  • Introduction by Matthew Heckles, regional administrator
    Regional Administrator Heckles serves as HUD’s highest ranking official in Region 3 (mid-Atlantic) and he is the primary contact for congressional delegations, state and local officials, stakeholders, and customers.
  • U.S. Department of Housing and Urban Development
    • Adam Hoffberg, director, Housing Finance Analysis and Research (PD&R)
    • Office of Single Family Program Development
    • Claudia Brienza, senior program specialist, Office of Public Housing Voucher Programs (PIH)
  • Delaware State Housing Authority
    • Cynthia Karnai, director
    • Megan Faries, Housing Mortgage Administrator
    • Brian Rossello, director, Housing Finance
  • Q&A discussion with attendees

Session #2: Housing Preservation Programs
Pennsylvania Department of Community and Economic Development

Tues, September 24 @ 11:30-12:45pm

Discuss options to maintain and improve existing affordable housing stock to ensure long-term availability and quality.

Register Now via Teams

Agenda:

  • Introduction by HUD leadership
  • U.S. Department of Housing and Urban Development
    • Speakers will be announced
  • Pennsylvania Department of Community and Economic Development
    • Rick Vilello, deputy secretary, Community Affairs and Development
    • Nic Horting, director, Center for Residential Reinvestment Programs
    • Angela Susten, director, Center for Community and Housing Development
  • Q&A discussion with attendees

Session #3: Housing Development Programs
Connecticut Department of Housing

Tues, October 1 @ 11:30-12:45pm

Discuss programs that support the creation and development of new affordable housing units and communities.

Register Now via Teams

Agenda:

  • Introduction by HUD leadership
  • U.S. Department of Housing and Urban Development
    • Speakers will be announced
  • Connecticut Department of Housing
    • Seila Mosquera-Bruno, commissioner
  • Q&A discussion with attendees

Session #4: Community Development Programs
Maryland Department Housing and Community Development

Thurs, October 3 @ 2:30-3:45pm

Explore community initiatives aimed at increasing the housing supply through investments in infrastructure and services.

Register Now via Teams

Agenda:

  • Introduction by HUD leadership
  • U.S. Department of Housing and Urban Development
    • Speakers will be announced
  • Maryland Department of Housing and Community Development
    • Jake Day, secretary
  • Q&A discussion with attendees

Session #5: Rental Programs
New Jersey Department of Community Affairs

Thurs, October 10 @ 2:30-3:45pm

Discuss programs designed to assist renters, including rental assistance and support services for low-income households. 

Register Now via Teams

Agenda:

  • Introduction by HUD leadership
  • U.S. Department of Housing and Urban Development
    • Speakers will be announced
  • New Jersey Department of Community Affairs
    • Jacquelyn Suarez, commissioner
    • Janel Winter, assistant commissioner; director, Housing and Community Resources
  • Q&A discussion with attendees

For any concerns, please email Joseph Shiovitz ([email protected]).

Vermont and New York are First in Climate Superfund Laws

 

Just midway through 2024, the US has already witnessed eleven extreme weather disasters. Together, these have cost taxpayers over $25.1 billion in disaster relief, according to a recent National Oceanic and Atmospheric Administration (NOAA) report. The number ties for the second-most such disasters on record within a year. At this rate, the Federal Emergency Management Agency (FEMA) reports that its major disaster relief fund could be $1.3 billion short by as early as August.

As the costs of climate change continue to mount, states are taking note.

On the East Coast, extreme weather events and rising seas have already begun to wear on infrastructure and on human health. Plans for costly measures to mitigate these developments have often been shelved until such time as the right money or motivation may be found. Yet, at the same time that states have put off those climate mitigation policies, the US has been ramping up crude oil production. Over the past six years, it has outpaced even Saudi Arabia. Last fall, the Biden administration approved more oil and gas drilling permits on public lands than former President Trump had at the same point in his presidency. While the International Energy Agency (IEA) has said that the global demand for oil should peak by 2030, the recent $100 billion acquisition spree by Big Oil that included new drilling sites around North America and the Permian Basin suggests a big bet on future fossil fuel demand as the industry most responsible for greenhouse gas emissions (GHGs) continues to enjoy record profits.

While the planet warms, extreme weather events will only rise in their frequency and intensity. It follows that emergency cleanup and mitigation efforts will likewise grow in cost and scale. The question for policymakers, then, is who should pay for the cleanup?

For the late great state senator of Vermont, Dick Sears, who died last month at 81, the answer appeared simple: to him, those who made the mess should clean it up. His views on holding polluters accountable stemmed largely from his experience helping constituents fight for compensation from companies that had poisoned their drinking water with the use of the so-called “forever chemicals” known as PFAS. It was this experience that led him to sponsor the landmark legislation, passed on May 30th without the Governor’s signature, to confront the daunting task of funding climate mitigation and cleanup efforts known as the Climate Superfund Act.

The “Act Relating to Establishing a Climate Superfund” (S 259) represents a first-of-its-kind piece of legislation aimed at holding fossil fuel companies financially responsible for their contributions to climate change-caused damages. Designed to address the growing financial burden of climate-related disasters on Vermont’s economy and its residents, the law requires of companies that significantly contribute to GHG emissions to pay into a fund dedicated to climate mitigation and adaptation projects. This includes energy efficiency programs, renewable energy projects, and infrastructure improvements to better withstand extreme weather events.

The Climate Superfund Act mirrors the federal Comprehensive Environmental Response Compensation and Liability Act (CERCLA), which was introduced in 1980 to clean up sites contaminated by toxic and hazardous wastes that numbered in the thousands at that time. It did so by compelling companies responsible for the contamination to either clean it up or reimburse the government for the work. Vermont’s Act similarly establishes a new Climate Superfund Cost Recovery Program, to be administered by the Climate Action Office within Vermont’s Agency of Natural Resources (Agency).

Under the law, “compensatory” payments will be required from what the Agency deems “responsible parties.” The law defines “responsible party” as an entity (or successor in interest to an entity) that “engaged in the trade or business of extracting fossil fuel or refining crude oil,” with fossil fuel including coal, petroleum products, and fuel gases, and that the Agency determines is accountable for more than 1 billion metric tons of certain GHG emissions between January 1, 1995, and December 31, 2024. It remains unclear how exactly the GHG emissions will be calculated for each entity, however, and not every fossil fuel company would be subject to the law. Responsible companies must have been liable for more than one billion metric tons of greenhouse gas emissions globally over the period covered, and the company must have some physical or economic connection to the state. The law also does not restrict future production by fossil fuel companies.

To determine who, precisely, is responsible, how much damage they are liable for and how much they owe the state, the law directs the Agency to develop rules to implement the law’s requirements, including methodologies required to identify responsible parties and calculate GHG emissions allegedly caused by each responsible party. In particular, the Agency is directed to determine the amount of the cost recovery demand for entities that “hold or held an ownership interest in a fossil fuel business during the covered period,” provided that it is proportionate to the costs incurred by the state and its residents from the amount of GHGs that the responsible party purportedly emitted.

Critics argue the law could drive businesses out of state or raise consumer costs. However, a study of a similar proposal in New York found negligible impact on gas prices.

Just days after Governor Phil Scott allowed the legislation to become law, New York enacted a similar statute entitled the “Climate Change Superfund Act,” which would be administered by the Department of Conservation (Department) and purports to cover GHG emissions between January 1, 2000, and December 31, 2018. Under the Act, the total assessment rate per year is $3 billion over the next 25 years, with 35% to 40% of the funds going toward climate-change-adaptive infrastructure projects that directly benefit disadvantaged communities.

So far, California, Maryland, and Massachusetts have proposed similar legislation to the Climate Change Superfund Act in that they would require companies to compensate states for purported GHG emissions. A similar climate change cost-recovery bill was introduced in the US House of Representatives in March 2023. It remains in committee.

Legal challenges to both Vermont’s and New York’s Climate Superfund laws are anticipated. Still, both laws represent a pioneering approach in imagining how states in the Eastern region might begin to confront the rising collective costs–in economic, human, and infrastructural terms–of climate change. They are also, as Sidley Austin reports in their latest environmental update, the first in a “wave of likely climate change cost recovery laws” to watch out for.

States Loosen Manufactured Housing Restrictions

Multiple states updated regulations on manufactured housing during the 2024 legislative session to expand the areas of land available for siting these new homes.

Maine and Maryland legalized manufactured housing wherever single-family dwellings are allowed. Rhode Island passed a similar bill through the House and awaits consideration by the Senate. In New Hampshire, the new law prohibits municipalities from entirely restricting manufactured housing.

Renewed attention to manufactured housing, which is built off-site in a factory and transported to a fixed location, comes as states grapple with a shortage of affordable housing, spurred in part by elevated construction costs. “Manufactured homes cost 45% less per square foot than site-built homes,” according to Freddie Mac.

Source: The Office of Manufactured Housing Programs (HUD)

A much higher proportion of the nation’s housing stock consisted of manufactured housing between 1975 to 2000, averaging around 20 percent of new single-family units and reaching a peak of about 30 percent. Today, that figure remains closer to 10 percent, despite ongoing improvements to quality and durability standards.

Maine
Title: L.D. 337 – An Act to Amend the Regulations of Manufactured Housing to Increase Affordable Housing
Primary Sponsor: Rep. Cheryl Golek
Synopsis: “The amendment provides that a municipality must allow manufactured housing wherever single-family dwellings are allowed, subject to the same design criteria as the municipality may establish for single-family dwellings.”
Status: March 19, 2024 – Signed by Governor

Maryland

Title: H.B. 0538 – Housing Expansion and Affordability Act of 2024
Primary Sponsor: Speaker Adrienne Jones by request of Governor Moore’s administration
Synopsis: Part of this legislation includes “…prohibiting a local legislative body from prohibiting the placement of certain manufactured homes or modular dwellings in a zoning district that allows single-family residential uses under certain circumstances…”
Status: April 25, 2024 – Signed by Governor

New Hampshire

Title: H.B. 1361 – An Act Relative to Municipal Land Use Regulation For Manufactured Housing And Subdivisions
Primary Sponsor: Rep. Joe Alexander
Synopsis: “This bill requires municipalities that adopt land use control measures to provide reasonable and realistic opportunities for the siting of manufactured housing on individual lots and in manufactured housing parks and subdivisions within residential districts. The bill also directs municipalities to provide reasonable and realistic opportunities for expansion of existing manufactured housing parks.”
Status: May 20, 2024 – Signed by Governor

Rhode Island

Title: H.B. 7980 – An Act Relating To Motor And Other Vehicles – Mobile And Manufactured
Primary Sponsors: Speaker Shekarchi and Representatives Blazejewski, Cruz, Morales, Speakman, Spears, Craven, Azzinaro, Casimiro, and Solomon
Synopsis: “This act would make several amendments relative to manufactured homes, including adding a definition for manufactured home and a provision allowing for certain manufactured homes to be considered a single-family home if on a lot designated for such use.”
Status: April 16, 2024 – Passed by House and referred to Senate committee