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Archive for the ‘Texas Legislature’ Category

The PUC wants to have a meeting at the end of August to try to figure out how to fix Texas’s experiment of a deregulated generation market, as we look like we are going to run out of energy during what could be ever increasing hot summers.
It seems the current market based behavior doesn’t send proper signals to companies to build new generation.
In addition our grid was designed to be almost completely isolated from the rest of the country so we cannot get help if its needed and available.
Generators use old, outdated generation to reduce costs and even turn off environmental controls to further lower costs at the expense of citizens health and to maximize profits.
The “new” market is based on scarcity pricing but if generation is truly scarce we have rolling blackouts, which are devastating to the economy and kill people.
Before deregulation the Utility commission would request new generation be built in a certain time frame and capacity and pay a preset profit margin to the companies that participated. They did the same thing with transmission lines and retail costs.
These are critical infrastructure needs and were protected from the swings of the financial and other markets. The process was covered under the term Total Resource Planning.
Now with the current heat wave and over a decade of deregulated markets we face the possibility that there will not be enough generation to meet the needs of Texas. We have many old and highly polluting plants that resemble the old steam locomotives of the 1800’s carting around a bin of coal to burn rocks and boil water. A larger amount of our critical infrastructure also consists of ancient natural gas “steamer” plants that are only run around 400 hours a year and are also highly polluting and have proven not to be very reliable but highly profitable.
Compare that to the newer generation of combined cycle gas turbines that resemble a jet engine and have several additional generators attached to it to recover the excess heat to generate even more energy with low stack emissions.
We have harvested significant amounts of non-polluting wind energy (coastal wind is over-performing expectations during the current crises) but the majority is located in just one region (West Texas) leading to problems of transmission congestion and generation variability. Some progress has been made on building wind projects in the areas along the Texas coast that provide energy much closer to the time that its needed, but more needs to be done.
Texas has made very little progress on adding an solar generation (that would provide energy when its needed most) because of a lack of policy leadership at the legislature and the PUC.

Now the PUC wants to tinker with the market to see if it can artificially raise the price of energy by using a “proxy” price as in “we will pay you more because our market system isn’t working, so pretty please build some new generators”.

This is a hell of a way to provide the resources that Texans need. Its time to get rid of the old smoking wreaks of generation plants that are carrying the load, sucking up our ever shrinking water supplies and fouling our air, and go to a controlled “regulated” modernized generation plan that uses all our resources with the least impact to our health, environment and wallets.
We used to pay a fair price for services delivered, now we just pay and hope the lights stay on.

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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas

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from http://www.flickr.com/photos/rmgimages/4882451468/The Texas Legislature has taken steps to offer more transparency in government this legislative year. As a Texas Tribune article  written by Becca Aaronson points out, lawmakers hope this will provide a lot of information to be available online. However, some people are worried that private information could be leaked to the public because of the recent breaches in security online on the Department of Assistive and Rehabilitative Services website. Some experts are concerned that with the amount of information being released some private information could become public.

As quoted in the article, Sherri Greenberg, former State Representative and interim director at the Center of Politics and Governance at the LBJ School of Public Affairs, says that “we must be very careful when we talk about personal privacy, security and certain data that should never… be online”.  Public Citizen’s own Andy Wilson was also quoted in the article saying that it should not be a problem to take out the private information and that “it should be fairly simple if it is in the form of a spreadsheet or a database to just simply eliminate those columns of [private] data.” Adding that it is “a technical issue, not a privacy issue”.

Many lawmakers and experts hope that the new bills will help with efficiency as well as transparency. Representative Kirk Watson from Austin thinks that when the information is released, some people will “offer ideas for efficiency in government”. Although lofty thinking by Rep. Watson, the public disclosure laws passed in the Legislature will be a major victory in the fight for good government. It is difficult to predict the ramifications of the new laws, but at least now it is up to the public to determine the outcome.

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Texas State Senator Mike Jackson added an amendment to the ethics bill (HB 1616) only 48 hours before the regular session ended and seems to be regretting that decision.  Now he wants Gov. Rick Perry to veto his own legislation. 

The amendment was written so that candidates would have been able to expunge from their record any complaint if the candidate could prove it was a mistake in good faith.  According to the bill, candidates would have 14 business days after a complaint was filed to “fix” their reports without penalty so long as there was no “intent to mislead or to misrepresent the information contained in the report.”

However, there was no limitation on how large of a donation could be dismissed and the bill would have the unintended consequence of allowing a candidate to hide a pattern of misreporting potentially embarrassing donations by claiming they were an accounting or typographical error or misunderstanding of reporting requirements.  The bill would also remove the incentives to accurately report campaign contributions and expenditures as well as reduce the Texas Ethics Commission’s revenue from fines.

If Jackson does not get a veto from Perry, he has placed an amendment on to the special session’s Fiscal Matters Senate bill (SB 1) to repeal his earlier amendment.  Although SB 1 is controversial in many respects, the new amendment is a bright spot for proponents of campaign finance reform. The amendment would have been destructive to the campaign process and allowed candidates a loophole in which to exploit. Campaign finance laws need to be reformed but not in this way. Sen. Jackson did well to fix his mistake with his amendment in the special session and should be recognized for owning up to it.

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In a recent NPR show, former Labor Secretary and political commentator Robert Reich addressed the potential executive order by President Obama to require government contractors to disclose their political spending. Reich wants to take the executive order a step farther by eliminating all political contributions from government contractors. Reich explains that contractors such as Lockheed Martin get a large portion of their contracts from the federal government and then use that money to lobby members of Congress.

However, not everyone is as much of a fan of the proposed order as Reich. Texas Congressman Jeb Hensarling was scheduled to attend a breakfast yesterday morning hosted by a PAC fro Fluor which is a major government contractor. Last week Rep. Hensarling voted in favor of an amendment to counteract President Obama’s executive order. Adam Smith of Public Campaign wrote on his website ” I wonder if Hensarling discussed his concern about the influence of money in our political process with the government contractor lobbyists handing him money this morning.”

In addition, this cycle has left many Congressional staffers feeling as though Citizens United v. Federal Election Commission has changed the game in Congress as showed in a recent Public Citizen survey. Furthermore, as Stephen Colbert demonstrated, the Citizens United ruling made it much easier for unlimited funds to flow into politics.

Colbert proves just how dangerous the Supreme Court ruling can become. He jokes about the implications, but in Texas it is very real. In Texas, individuals as well as corporations have always had a major impact in elections and legislation. Most recently, a new Texans for Public Justice report shows that Bob Perry along with two conservative PAC’s gave substantial amounts of money to opponents of the new Home Owner Association Reform bill. Anther report by Texans for Public Justice shows that the Dallas billionaire Harold Simmons gave money to more than 61 percent of the Texas House of Representatives. Of that group, 83 percent of them voted in favor of the out-of-state nuclear waste bill. Public Citizen advocates for the government to serve the voters and not corporate special interests such as Bob Perry’s Homes or Harold Simmons‘ corporations. Public Citizen Texas fights for clean and fair elections through public financing, not corporate funded elections. We also want greater accountability in government. The public should know where political contributions are coming from, especially when corporations are involved. Because as Stephen Colbert said that the American Dream is about people working hard enough so “someday they can go on to create a legal entity which can then collect unlimited funds [for elections].”

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Yesterday, Texans from across the state made their voices heard in the Texas state house by calling their state senators and asking them to stand up to  industry’s power play to pollute at will. 

On Tuesday night, Rep. Dennis Bonnen (HB 25, Angleton), offered an amendment on SB 875 that would provide industry an affirmative defense against civil suits. This amendment would severely restrict Texans’ ability to protect their property by giving industry immunity from nuisance and trespass action on nearly every type of regulated activity.  On Wednesday afternoon, after an hour-long debate, the House tried to remove the Bonnen amendment from SB 875. The vote was 82-63 to take it off the bill, but the motion failed because, according to the House rules, an amendment on 3rd reading, requires a 2/3rd majority for passage.  So the bill passed on 3rd reading with the Bonnen amendment on it and headed back to the Senate.

Last night, due not by any small amount to all of you who called in expressing your concern about this bill, the Senate refused to concur on the bill, sending it to conference committee.  The senate members of the conference committee (conferees) are:

  • Senator Troy Fraser – Chair, R-Horseshoe Bay – 512-463-0124 
  • Senator Robert Duncan – R-Lubbock – 512-463-0128
  • Senator Kirk Watson – D-Austin – 512-463-0114
  • Senator Mike Jackson – R-La Porte – 512-463-0111
  • Senator Craig Estes – R-Wichita Falls – 512-463-0130 

Later today we expect the House to announce their conferees and we will update this blog with that information.

UPDATE

The house appointed their conferees.  They are:

  • Rep. Kelly Hancock – Chair, R-North Richland Hills – 512-463-0599
  • Rep. Dennis Bonnen – R-Angleton – 512-463-0564
  • Rep. Warren Chisum – R-Pampa – 512-463-0736
  • Rep Craig Eiland – D-Galveston – 512-463-0502
  • Rep Wayne Smith – R-Baytown – 512-463-0733

This all sounds familiar to those who have followed the TCEQ Sunset legislation and industry’s attempt to weaken the public’s ability to contest a permit.    The original bill (SB 875) only limited local governments’ right to bring nuisance or trespass lawsuits for greenhouse gases that negatively impacted their communities, but that was significantly expanded with Bonnen’s amendment, that upon review was so broad that it took away people’s right to protect their property from pollution beyond greenhouse gases.  The Senate conferees have said they are committed to taking the Bonnen amendment off, however this is still a bad bill.   

How can you help? Call your representative and senator’s Capitol office today. Here’s what you need to say:

Vote no on SB 875 as it comes back from the Conference Committee.  Texans believe in private property rights–and they will rightly object to laws passed to restrict these rights and the rights of our local governments to protect our interests.

If you’re not sure who represents you, you can find out here.

Thank you again for your efforts to keep this bad bill from becoming law. 

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Bad Bill Alert Vote NO on SB 875

The House passed on 2nd reading a bill which would give polluters a shield against being sued for nuisance over their greenhouse gas emissions. Unfortunately, greenhouse gases include all sorts of bad pollution, like methane, and even the pollutants that cause smog: NOx and ozone. 

Even worse, there is concern that the Bonnen amendment would apply to every area of the state of Texas water code. 

This is a bailout for polluters and would take away your rights to stop emissions in your backyard that affect your family, your home, your farm, or ranch.

They say this is just about global warming, but it’s not!

Please call your Representative and tell him or her to

VOTE NO ON SB 875

Talking points to tell your legislator when you get their staff on the phone:

This bill is far more than a global warming bill – it’s immunity for polluters

The original bill was a bad concept, but it only limited local governments’ right to bring nuisance or trespass lawsuits for greenhouse gases.  The new version significantly expands the scope of the bill and TAKES AWAY PEOPLES’ (INDIVIDUALS, FARMERS, RANCHERS, BUSINESSES AND LOCAL GOVTS) RIGHT TO PROTECT THEIR PROPERTY FROM POLLUTION.

The Bonnen amendment went way too far

Please vote no

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Is a proposed rule change by the Texas Railroad Commission (RRC) going to allow state sanctioned theft of property owners mineral rights? 

Sen. Wendy Davis (D Fort Worth) is asking the Texas Railroad Commission to hold two town hall meetings, including one in Fort Worth, to discuss her concerns that owners of mineral rights in the 24-county Barnett Shale are getting short shrift in proposed rule changes dealing with forced pooling as well as a proliferation of related exceptions the RRC has been granting to two provisions – Rule 37 and the No Perforation Zone permits — both of which were intended to protect property owners from having their mineral rights drained without their permission.

Davis wrote a letter to Commissioners Elizabeth Ames Jones, Michael Williams and David Porter on March 22nd stating, “Very few Texas citizens are aware of these issues or their potential impacts . . . I believe it is your duty to educate the public on these issues and to extend the comment period to adequately include input from the public on these critical issues.”

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While Texas Legislators are furiously looking under every couch cushion to find more revenue this bienium, the Alliance for Clean Texas today highlighted a half dozen strategies that could help Texas close its $27 billion budget deficit.

Texas League of Conservation Voters Press Conference on Green Revenue March 29, 2011

Alliance for Clean Texas Members (l to r) Luke Metzger, Environment Texas; Tom "Smitty" Smith, Public Citizen Texas; Robin Schnieder, Texas Campaign for the Environment; David Weinberg, Texas League of Conservation Voters; Cyrus Reed, Lone Star Chapter Sierra Club - photo courtesy TLCV

As lawmakers are loathe to talk about the dreaded “T” word (tax),  groups like Public Citizen, Sierra Club, Texas Impact, Texas Campaign for the Environment, and Texas League of Conservation Voters, who sponsored this morning’s press conference, are offered alternative solutions to cutting needed education and health care services by raising $1 billion in revenue, while also protecting the environment.

These ideas include a severance tax, like oil and gas currently pay, for coal mined in the state and an import duty from out of state coal. Imported coal creates zero Texas jobs and pollutes the environment. If we’re going to ask oil and gas to pay a severance tax, we ought to ask coal to do the same.

Other ideas include making polluters pay the value they get from breaking clean air and water laws (ie, if by polluting you increase your profit by $15 million, you pay $15 million in fines), a surcharge on inefficient gas guzzlers and heavily polluting vehicles, and a recycling refund on bottles and cans (just clap your hands, just clap your hands!).

Cutting pollution would also mean fewer sick kids, fewer sick people in general.  Children and the elderly are most at risk for pollution-caused or -aggravated disease AND they are the most likely to receive assistance from government health care services, so cutting pollution will save the state untold millions, if not billions. AND, since sick children are less likely to attend and be successful in school, cutting pollution also improves the quality of our schools– a triple value for our pollution-cutting dollar!

Combine this with former Lt. Governor Hobby calling on the state to end the tax credit on high-cost drilling operations (read: fracking) valued at $7.4 billion between 2004 and 2009.  We had previously pointed out the hypocrisy of making the oil and gas industry’s culture of corporate welfare the only sacred cow in the budget due to their protected status resulting from all their campaign contributions.

Well, between the billions from the fracking exemption, the billion of Green revenue the ACT coalition mentioned… as they say in Washington, “A billion here, a billion there– pretty soon you’re talking about real money.”

Alliance for Clean Texas has a $1 billion check for the Texas Legislature

Alliance for Clean Texas has a $1 billion check for the Texas Legislature

State lawmakers who are serious about balancing the budget without brutalizing our schools, nursing homes, and hospitals ought to look carefully at these proposals and implement them.  Even in the coldest, darkest winter, a farmer cannot start eating his own seed, as it will impact his ability to plant in the spring. Cutting necessary services to the bone and then sucking out the marrow will leave Texas cupboards bare, both literally and figuratively, as we struggle out of this recession.

The answer is simple- cut pollution, not teachers, doctors, and nursing home beds. Don’t let big polluters get their way, forcing grandma out onto the street and your kids into overcrowded classrooms.

The Texas House will be taking up HB 1, the budget, this Friday, and debate is expected to last all day and into the night. Texas Impact, one of our colleagues in ACT, along with several other groups are organizing a vigil for Texas’ future during the debate. RSVP on Facebook and we’ll see you there!

Look! A press release! From today’s press conference! (more…)

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The emblem of the American Recovery and Reinve...

The American Recovery and Reinvestment Act of 2009 (ARRA), or "the stimulus" provided funds for a broad range of priorities, but did Texas spend the money wisely?

Public Citizen has been a member of a coalition that has attempted to bring more sunshine, more transparency, and more good government to the implementation on the American Recovery and Reinvestment Act, otherwise known as “The Stimulus.” Two years since its passage much of the funding appropriated has been spent, but there is still more to do. Our groups yesterday released a report “It Ain’t Over Till It’s Over: The Texas Legislature and the American Reinvestment and Recovery Act” which can be found at http://www.txstimulus.com.

It is worth noting that the txstimulus.com website was originally used by a select committee in the Texas Legislature charged with keeping an eye on how Texas spent ARRA funds.  Bee Moorhead in an interview with the Texas Tribune explained what happened to the website and all of that information the committee had been collecting:

During his days as select committee chairman, (Jim) Dunnam (chair of the select committee) set up a website — txstimulus.com — to provide documents and information on stimulus spending, culled from the committee’s hearings and correspondence with the Texas congressional delegation. In March, the domain, which was registered in Dunnam’s name, lapsed, taking all the information it contained therein.

Enter Bee Moorhead, executive director of Texas Impact, a statewide interfaith organization, and the new owner of txstimulus.com. “Legislative committees can use the internet really effectively, and there are great examples of committees doing that this year,” said Moorhead, citing efforts of the Senate Business and Commerce Committee, “but those websites contain government information, and they can’t just be handled like some individual’s blog.”

The coalition also released a set of recommendations to help Texas improve its transparency. #4 is my personal favorite and one of my pet issues, but all are important. These recommendations are explored more in depth in the press release accompanying this post, which is available in full after the jump.

1. Draw down the unemployment dollars.

2. Keep a legislative eye on the game till it’s over.

3. Move the low-income weatherization program from TDHCA to SECO.

4. Modernize Texas’ Freedom of Information Act.

5. Make the Texas Fusion Center’s budget transparent.

6. Require more project-specific information on TxDOT projects.

7. Be ready for more funding.

8. Target ARRA energy efficiency dollars to areas of greatest need.

9. Build on ARRA health infrastructure investment.

10. Protect the integrity of all state government-related websites.

Included in our report are in-depth analysis of spending on transportation, weatherization, energy efficiency, health care, and others. I highly recommend you read this important piece of research, or at least bookmark it for future reference.  Please to enjoy.

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The Public Utility Commission (PUC) sunset bill (H.B. 2134) would give the PUC the authority to approve or change the annual budget of the Electric Reliability Council of Texas (ERCOT),  stipulates that no member of the PUC could work for ERCOT for at least two years after he or she had stepped down, and fines would quadruple (from a maximum of $25,000 per day to $100,000 per day) for any company found to have manipulated the electric market for its own gain under the Sunset bill that will be heard in House State Affairs Committee on Monday, March 14th.

Rep. Burt Solomons (R-Carrollton)

State Rep. Burt SolomonsHouse Bill 2134 largely tracks the recommendations approved in January by the Sunset Advisory Commission and includes language that the Carrollton Republican has been advocating for at least two years to cut the number of ERCOT board members who have ties the electric industry.

State Affairs is scheduled to take up the Sunset bill during its hearing that convenes 30 minutes after the House adjourns Monday. The meeting will be held in Room 140 of the Reagan Building northwest of the Capitol.

To see the full text of H.B. 2134, click here.

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John Moritz and Patrick Graves covered the joint hearing of the House Energy Resources and Environmental Regulation committees for the Texas Energy Report, which they say continued the long-running theme at the Texas Capitol that the feds are unfairly targeting Texas industries while ignoring progress made over the decades on clean air matters.

But about a half-hour into the familiar thumping of the U.S. Environmental Protection Agency, two Democratic lawmakers offered a rare counter-veiling view on the on-running battle.

Representative Jessica Farrar (D-Houston)

“It’s not as rosy a picture as you are painting,” state Rep. Jessica Farrar (D-Houston) told Bryan Shaw, chairman of the Texas Commission on Environmental Quality.

TCEQ Chairman Bryan Shaw, Ph.D.

Shaw had repeated his oft-state concern that the EPA’s action last year effectively outlawing Texas’ flexible permit program will kill jobs in the refining and manufacturing sectors and that the feds were ignoring Texas’ efforts to lower pollution levels.

But Farrar argued that people in her working-class district that is also home to several manufacturing facilities are often frustrated that plants operating under the flexible permit program often make changes that appear to affect emission levels without allowing for public comment.

Shaw argued that any such changes would not increase pollution because flexible permits set caps on overall emissions. Farrar argued that her constituents don’t always know that. Further, she said, coming budget cuts will likely mean less money for programs aimed at providing incentives for polluters to adopt greener policies for their facilities.

Representative Lon Burnam (D-Fort Worth)

Those comments were followed by an observation from Fort Worth Democrat Lon Burnam that Republicans on the committee were suggesting that the EPA had acted in bad faith by declining an invitation to attend today’s joint hearing.

Burnam pointed out that the hearing was only called late last week, while Shaw had been given a month’s notice of an EPA hearing last year in Dallas that he decided to pass up.

Shaw acknowledged that he declined to attend, saying that he and his staff have had numerous meetings with EPA Regional Administrator Al Armendariz but have still been unable to resolve their difference.

“It was not an effort to snub anyone,” Shaw said. “It (the meeting) was just not a good use of our resources.”

While TCEQ decided that this public hearing was not a good use of their resources, they squandered any goodwill they had with the citizens of the DFW area who took time out of their busy schedules to attend the hearing and were probably hoping TCEQ would show up to tell them directly why they have taken the position they have.

Moritz and Graves go on to report:

It was unclear if the two committees are planning any legislative remedy to the EPA/TCEQ standoff over flexible permits and related issues, or whether Republican-controlled Legislature will wait for the outcome of court challenges the state has filed against the federal agency’s policies affecting Texas.

Representative Jim Keffer (R-Eastland)

It was clear, however, that neither Energy Resources Chairman Jim Keffer (R-Eastland) or Baytown Republican Wayne Smith, who chairs Environmental Regulation, intended the hearing to derail the state’s civil action that remains pending in the federal court system.

Representative Wayne Smith (R-Baytown)

“Tell us all you can,” Smith told Shaw as he sat down to testify, “but don’t jeopardize your case.”

Later in the hearing, Deputy Attorney General William Cobb III  gave members a blow-by-blow account of the events leading up to the state’s lawsuit against EPA. He also said the case, which is still pending in a Washington, D.C., court is moving slowly, saying the parties have not even received a briefing schedule yet.

But, added, the state is committed to continuing the battle with the feds.

“It’s a fight worth fighting,” Cobb said, who described the back-and-forth over EPA‘s rule interpretations in detail without the benefit of notes. “We’re taking every measure to oppose these rules.”

By

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State Rep. Lon Burnam filed legislation (House Bill 977) that would have state agencies develop plans to address the implications their policies might have on climate change.

Burnam’s bill is similar to a measure he offered last session. The bill would have 12 entities in the state each publish a plan assessing that entity’s role with respect to climate change.  For example, the Department of Agriculture would “conduct a vulnerability assessment” of the state’s farmland and the Water Development Board would “devise a plan outlining its role in managing the changing water resources.”

All good ideas, we’ll see how far this makes it in this political climate.

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Keynote’s promotion of coal leans heavily on unrealistic view of the Texas energy market

In a forum held last Thursday the conservative Texas Public Policy Foundation (TPPF) unveiled a report that attempts to sway the debate about Texas energy policy off its current trajectory – namely ideas put forward by high-profile Republicans officials like Lt. Gov. David Dewhurst and Senator Troy Fraser to help transition the state’s electric supply away from coal and towards natural gas.

Unfortunately, the report wasn’t precisely accurate in its representation of the facts. Here’s perhaps the most important chart in the entire TPPF report (entitled Texas Energy and the Energy of Texas co-authored by Dr. Steven Hayward who was the forum’s keynote speaker) with a couple modifications to try and make it a little more accurate:

Modified chart from TPPF report

As you will note from my (clearly marked) changes, TPPF was not presenting the actual cost of electricity from different fuel sources, but the cost of the fuels themselves. That makes the chart inaccurate since the cost of electricity also depends on things like the cost of building a power plant. Of course that’s a minor expenditure of only several billion dollars in the case of most coal and nuclear plants and hundreds of millions of dollars for natural gas plants.

The TPPF chart was also misleading in three important ways, and one can only really conclude that it was intentionally so. (more…)

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Reuters carried a good story with this headline Texas, home to Big Oil takes a shine to solar power that describes the solar potential that exists, along with industry involvement and how it could be expanded here if we could just develop some statewide policy that supports it.

Too bad the commissioners at the Texas Public Utility Commission (PUC) don’t see it the same way. After spending years (literally, years– since 2005) to come up with a portion of the state’s renewable portfolio standard to deal with solar and other forms of renewables besides wind,  they finally got around to publishing a proposed rule (the 500Mw non-wind portfolio standard) for these technologies.

This effort, at best, would be best termed as abysmal.

As described by the Environmental Defense Fund in this post “The proposed rule drastically reduces the target set by the Texas Legislature in 2005 of 500 MW by the year 2015.”

Commissioner Ken Anderson  described it this way: “This is just a proposal.”  In fact, all three Commissioners stressed  that the simple act of publishing the proposed rule does not mean that the commission ever intends to implement the rule.

So it looks like the Legislature is once again going to have to take up this simple task. And give the commission direction. As they did 5 years ago. And again during last session.

Texas has lost hundreds of opportunities for solar companies to locate here–  and over 10 billion in capitol investment– because we don’t have any statewide policy in place to support what could be the biggest boom industry since they started calling the Austin the Silicon Hills (as opposed to the silicon valley).

With the Legislature having its hands full with a huge budget shortfall, redistricting and their usual work on top of it, let’s hope they can find time to  send a clear message to the PUC that this needs to be done (as they were instructed in 2005) and it needs to be done now before more opportunities slip away.

We need  a dramatically increased solar program.  More than anything, we need the jobs, we need the energy, we have the people and we have plenty of sunshine.  We just need a little good policy.

With ICF International’s John Blaney stateing “We’re continuing to expect renewable capacity to grow rapidly in the near term, but it slows briefly after the incentives expire. Despite the recent market volatility – the huge buildup in 2009 and the slowdown in 2010 — we project that the U.S. will install just over 51 gigawatts of renewables between 2011 and 2016 and 86 gigawatts between 2017 and 2030″, is Texas really going to miss out on this energy boom ?

With Austin and San Antonio making strides, the announcement of the ground breaking by RRE Austin on their solar farm and SunPower looking to open an office in Austin its just the tip of what could be a clean tech explosion for Texas.

Send some sunshine our way.

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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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A Texas Sunset Advisory Commission hearing, which was part of the first legislative review of the Texas Commission on Environmental Quality in 12 years, drew hundreds of regular citizens from around the state, with most of them saying the agency had failed to protect them from pollution. Dozens of people, including doctors, school teachers, church-going grandmothers and a rabbi, who were able to stick it out until well after 5pm before the Sunset Commissioners got around to taking their testimony, asked Texas lawmakers to make the state’s environmental agency tougher on polluters.

The Legislature’s Sunset Advisory Commission evaluates and considers potential reforms at state agencies every 12 years, and its findings have the potential to lead to significant changes in the TCEQ’s operations during the legislative session that begins next month, if the Sunset Commissioners so recommends.

The Sunset commission’s staff, in response to complaints that TCEQ is too lenient on polluters, has recommended that the Legislature increase the statutory cap on penalties from $10,000 to $25,000, as well as change the way the agency calculates fines.  In fact, TCEQ agreed with the two dozen recommendations made by the Sunset commission’s staff, but TCEQ critics are asking for even more changes.  They accused the agency of being too cozy with industry and ignoring public concerns. They expressed frustration over the recent approval of air pollution permits for coal-fired power plants near Abilene and Bay City, about 60 miles southwest of Houston, even though State Office of Administrative Hearings administrative law judges recommended denying both permits.

Texas Sunset Commissioner, State Sen. Juan “Chuy” Hinojosa (D-McAllen) asked TCEQ Chairman Bryan Shaw whether the agency has the authority to deny a permit application. Shaw said yes, and it had done so 14 percent of the time.  However, no one pursued how many had been denied in the past four years or if any of them had been for large industrial projects since TCEQ’s permitting process ranges from permits for auto repair and lube service shops to dry cleaning facilities to waste water treatment plants to billion dollar coal-fired electric plants. 

Wesley Stafford, an asthma and allergy specialist in Corpus Christi who opposes a proposed petroleum coke-fired plant in Corpus Christi because of the potential public health effects, asked lawmakers to require that one of the TCEQ commissioners be a physician to “bring more balance to the commission than we’ve seen in recent years.”   In the face of these criticisms, TCEQ Commissioner Buddy Garcia defended the agency’s performance, saying that it protects public health by “following the law”.

The Sunset staff’s 124-page analysis does not address the heated dispute between the federal government and Texas over the way the state regulates industrial air pollution that resulted in the U.S. Environmental Protection Agency recently rejecting some of the state’s permitting rules, saying they fall short of federal Clean Air Act requirements.  Texas has challenged the decision in court, even though the problems were first brought to the TCEQ’s attention shortly after the Texas rules were implemented, as far back as the Bush administration.  It is unlikely that the Sunset Commission will address these issues, and they will probably leave it to the courts to sort out that conflict.  But the Sunset Commissioners do have the opportunity to address the issues put to them by the citizen’s of Texas who pleaded with them yesterday for change.  Their recommendations will be released on January 11th, the day the 82nd legislature convenes.

Cross your fingers and hope they take up that mantle.

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