ALEC's 'Electricity Freedom Act' Systematically Attacks State Renewable Energy Standards

In October 2012, the American Legislative Exchange Council (ALEC) adopted the ‘Electricity Freedom Act’—a model bill co-written with the fossil fuel-funded Heartland Institute that called for the nullification of state Renewable Energy Portfolio Standards (RPS). The legislation was explicitly designed to end state requirements for deriving specific percentages of electricity from renewable sources like solar and wind, protecting fossil fuel market dominance by attacking the regulatory infrastructure supporting clean energy transition. James Taylor of the Heartland Institute told The Washington Post: ‘We wrote the model legislation and I presented it’—openly acknowledging the think tank’s direct authorship of ALEC policy.

Renewable portfolio standards are state laws promoting cleaner energy sources to protect the environment and public health, but ALEC and its fossil fuel industry members launched a coordinated campaign to repeal these laws across all 50 states. More than 45 RPS-weakening bills were introduced during 2013 legislative sessions based on ALEC’s model, though not a single one passed—representing a rare and complete failure of ALEC’s legislative strategy. The Solar Energy Industries Association and wind energy advocates ended their ALEC memberships when the assault on renewable portfolio standards was revealed, with industry groups recognizing ALEC’s campaign as attacks from fossil fuel business competitors seeking to maintain energy sector monopoly control.

The Edison Electric Institute (representing investor-owned electric utilities, many coal-fired) contributed $37,000 to ALEC between 2019-21, while the American Fuel & Petrochemical Manufacturers contributed $64,550 between 2017-21, demonstrating sustained fossil fuel industry funding for anti-renewable campaigns. ALEC’s attack on renewable energy standards represented a strategic effort to prevent state-level clean energy momentum that might build support for federal climate policy, the same ’laboratories of democracy’ obstruction strategy used in ALEC’s climate denial campaigns.

Despite ALEC’s complete legislative failure in 2013, the Electricity Freedom Act remains available on ALEC’s website as template legislation for state lawmakers, representing ongoing fossil fuel industry efforts to obstruct renewable energy development. The model bill exemplifies regulatory capture where incumbent fossil fuel companies use legislative lobbying organizations to write laws protecting their market position against cleaner competitors, sacrificing public health and climate stability for corporate profit protection. The renewable energy industry’s exodus from ALEC demonstrated growing recognition that the organization operates as a fossil fuel industry front group rather than a legitimate policy research organization.