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A Pass to Poison: A special report by the Texas Tribune

July 17, 2017 by Citizen Carol

The state of Texas allows industrial facilities to repeatedly spew unauthorized air pollution — with few consequences

For more than two decades, Dennis Gallagher was a proud Shell employee.

During his 22 years working at the energy juggernaut’s sprawling, 80-year-old complex in this Refinery Row suburb of Houston, he learned to oversee different parts of the massive chemical plant and refinery. The facilities manufacture not only oil but a variety of hazardous chemicals that — if mishandled — could easily explode and level the 2,300-acre compound, located less than a mile from residential neighborhoods.

Until two years ago, the Michigan native’s only truly bad day at work was in 1997, when a gas compressor exploded and he was “picked up like a leaf” and blown back 25 feet. Then came what should have been a quiet Sunday in August 2015, when everything went wrong.

A critical pump failed. A small tank overfilled. Then more than 300,000 pounds of 1,3-butadiene — a highly explosive chemical and known human carcinogen used to manufacture rubber — escaped into the atmosphere.

It was the largest malfunction-related air pollution event in the Houston area that year — in less than an hour, the plant spewed 258 times more butadiene into the atmosphere than allowed by state law — and air pollution watchdogs say it was one of the most dangerous they’ve seen.

An internal investigation later noted that the amount of hydrocarbons released that day was more than eight times higher than the amount released during the 2005 fire and explosion at BP’s Texas City refinery that killed 15 people and injured 180 others.

There was no explosion that day. But Gallagher says the incident cost him his job and maybe his health. He struggled with chest pains and balance issues afterward — the latter is a known side effect of butadiene exposure — and had to take a year off. When he came back, Gallagher said he was put on probation for the incident and, after a minor screw-up during a routine re-training, promptly fired.

And yet it cost Shell Chemical, a subsidiary of the fifth-largest company in the world, next to nothing.

State records show the Texas Commission on Environmental Quality (TCEQ), the state’s environmental regulatory agency, fined the company just $25,000 — the maximum allowed for an air permit violation under state law — and required it to execute a “corrective action plan,” which called for mostly refresher training.

It’s a scenario that plays out again and again in Texas when industrial polluters spew noxious chemicals into the air during malfunctions and other unplanned incidents, exceeding the emission limits of their state-issued air permits.

A Texas Tribune analysis of self-reported industry data shows that thousands of such rogue releases occur at Texas industrial sites each year. They are known generically as “emissions events”— a term that refers to both malfunctions or “upsets” and unplanned “maintenance, start-up or shutdown” activities.

Whether they are truly unavoidable is a point of dispute.

Read the full article by the Tribune here. Reporting and writing by Kiah Collier Data analysis by Ryan Murphy

Posted in Air Quality, Pollution, TCEQ, Toxics | Tagged |

Watch episodes of ACC’s Non-profit Studies “Civil Society” series

July 12, 2017 by Citizen Carol

The Center for Nonprofit Studies at Austin Community College has developed a series of “civil” discussions of the significant issues which Austin, TX faces entitled Civil Society.  This is a moderated discussion exploring significant issues confronting our society.

Public Citizen applauds ACC’s efforts in advancing civil dialogue and greater awareness of the critical role nonprofit organizations play in our communities, we honor the passion, persistence, and life changing results of those who make the Austin community stronger, more inclusive, and more vibrant.

Episodes 3 and 4 can be viewed below and you can watch previous episodes and find resources at:  nonprofitaustin.org/civilsociety

Civil Society Episode 3: 
Diversity and Equity in Central Texas
As recently as 2014, Austin was rated the 10th most segregated city in America. In 2015, the Martin Prosperity Institute named Austin the most economically segregated metro area in America. Texas is well represented on that list: San Antonio is #3, Houston is #4, and Dallas is #7. This episode explores what this means for African Americans in Central Texas.
Civil Society Episode 4:
Digital Divide in Central Texas
Right now, a majority of Austin residents have access to computers and the internet. Most of us are logging in on a daily basis, specifically with mobile technologies, but there is a segment of the population, that represents the digital divide. These are people who do not have access to, or knowledge of how to use computers and the internet, making it harder to get a good job, to have access to social programs or even keep in touch with family and to make ends meet overall. In this episode we talk about what Austin is doing to close that gap.
Barry Silverberg and Lisa Bussett, CNS Director and Coordinator, are co-Executive Producers; Julie Niehoff and CJ Niehoff, principals of Distance Learning Media, LLC, are Moderator and Director.  All programs utilize ACC television studios and staff, to record and broadcast the shows.

You can watch episodes and find resources at:  nonprofitaustin.org/civilsociety

Posted in Good Government | Tagged |

Governor Abbott Rejects Clean Air for Austin

July 3, 2017 by Adrian Shelley

Map of air monitoring sites in Austin. Light blue sites monitor for ozone.

On June 12, Governor Greg Abbott signed a $217 billion budget for Texas into law. Abbott also exercised line-item vetoes to eliminate $120 million from the budget. Among those cuts were $87 million for the Low-Income Vehicle Repair Assistance Program, a voluntary program that helps low-income Texans replace their old, polluting vehicles with newer ones.

Continuing the assault on clean air, Abbott also cut $6 million for air quality planning in certain areas of the state (see pdf p. 5). The governor’s comment on this funding cut is worth quoting in full, beginning with the item vetoed and then the comment in italics:

  1. Air Quality Planning. Amounts appropriated above include $6,000,500 for the biennium out of the Clean Air Account No. 151 in Strategy A.1.1, Air Quality Assessment and Planning, for air quality planning activities to reduce ozone in areas not designated as nonattainment areas during the 2016 17 biennium and as approved by the Texas Commission on Environmental Quality (TCEQ). These areas may include Waco, El Paso, Beaumont, Austin, Corpus Christi, Granbury, Killeen Temple, Longview Tyler Marshall, San Antonio, and Victoria. These activities may be carried out through interlocal agreements and may include: identifying, inventorying, and monitoring of pollution levels; modeling pollution levels; and the identification, quantification, implementation of appropriate locally enforceable pollution reduction controls; and the submission of work plans to be submitted to the TCEQ. The TCEQ shall allocate $350,000 to each area and the remaining funds to each area based on population in excess of 350,000. The grant recipients shall channel the funds to those projects most useful for the State Implementation Plan (SIP).

This program funds, among other items, bicycle use programs, carpooling awareness, environmental awareness campaigns, and locally enforceable pollution reduction programs in near non-attainment areas, which can be funded at the local government level. Resources in the Clean Air Account should be prioritized to directly address problems in our non-attainment areas of the state so that we are better positioned to combat the business-stifling regulations imposed on these areas by the Environmental Protection Agency. I therefore object to and disapprove of this appropriation.

This is an unfortunate description of air quality planning activities and of the purpose of the Clean Air Account itself. So what are “air quality planning activities to reduce ozone in areas not designated as nonattainment areas”?

Ozone is a harmful pollutant that is linked to everything from asthma attacks and difficulty breathing to heart attacks, stroke, and premature death. Ozone is formed in the atmosphere through the mixing of other pollutants that are emitted by vehicles and industrial sources such as refineries. There are two areas of the state—Houston, and Dallas—that do not meet the federal air pollution standards for ozone. These are our “nonattainment” areas. There are many other areas in the state—including San Antonio and Austin—that do meet the federal ozone standard but still have numerous bad ozone days throughout the year. These areas, especially San Antonio, risk worsening air quality and an eventual “nonattainment designation” by the Environmental Protection Agency. Such a designation would subject the area to decades of regulation and costs that could reach the billions.

All of us have seen the ozone action day announcements.  Those alert at-risk citizens (like children, the elderly and those who have certain health risks) to curtail their outside exposure to mitigate the negative health impacts.  Local air quality monitors are what alert us to those dangers.

In order to keep the “near-nonattainment” areas clean and healthy (and to avoid the federal designation), Texas appropriates several million dollars for air quality planning activities. This money enables these areas to participate in programs like the ozone Early Action Compact. So far, these programs have been successful, though San Antonio may inevitably face a nonattainment designation as it grows.

Surely Governor Abbott understands the importance and success of these air quality planning activities. Describing the program as consisting of “bicycle use programs, carpooling awareness, environmental awareness campaigns, and locally enforceable pollution reduction programs” is an obvious straw man. Bicycle and carpooling programs—while important in their own right—are not all that goes into air quality planning.

Air quality planners in Houston demonstrate how that city’s air monitors operate.

In Austin, for example, the city maintains eight ozone monitors in addition to the two maintained by the Texas Commission on Environmental Quality (TCEQ). These additional monitors help with air quality forecasting. They also help us to better understand large-scale impacts on air quality to our region by sources such as the Fayette power plant to the southeast, or Dallas to the north.

San Antonio just announced that it will shut down six ozone air monitors and lay off four staff members in response to the governor’s cuts. This is truly unfortunate for the people affected and for air quality monitoring and pollution prevention. If data is never collected, the ability to paint long-term pictures and identify trends in air pollution is lost for that time period. San Antonio may one day refund its program, but its former employees will have moved on, and the data will have been lost forever.

On the same day, San Antonio made this announcement, the Central Texas Clean Air Coalition in Austin held an emergency meeting to discuss how it would respond to the proposed funding cuts. The Capital Area Council of Governments (CAPCOG) has asked its member counties and cities to consider an additional financial contribution to support ongoing air quality planning activities in Austin. CAPCOG proposed tiered levels of funding that would alternatively fund more or less the region’s activities.

At the meeting, CAPCOG members seemed to understand the importance of a funding level that would keep all staff in place and all air monitors active. Cuts will definitely have to be made (to, for example, the regular maintenance schedule for those monitors) but if CAPCOG’s members do approve the appropriate tier of funding, then air quality planning programs in Austin will remain largely intact.

We hope that Austin is able to continue its important work by keeping Austinites safe from dangerous ozone pollution. Governor Greg Abbott may not recognize the importance of this work right now, but we hope that he does some day and that these shortsighted cuts do not continue.

Posted in Air Quality, Ozone | Tagged , , , , , , |

“Mobile Chernobyl” U.S. House Bill on its way to the House for a vote

June 28, 2017 by Citizen Carol

Last week, U.S. Rep. John Shimkus (R-IL), succeeded in rushing his Yucca Mountain high-level radioactive waste dump legislation past the Environment and the Economy Subcommittee he chairs.

Now the bill (HR 3053, the Nuclear Waste Policy Amendment Acts of 2017) moves on to the full U.S. House Energy and Commerce Committee.  Full committee mark up is currently expected to take place next Wednesday, June 28th.

If passed there, it would then move on to the full House floor for consideration. If ultimately passed into law, H.R.3053, the Nuclear Waste Policy Amendments Act of 2017, would launch unprecedented thousands of truck, train, and/or barge shipments of irradiated nuclear fuel, through 45 states, bound for Nevada. These shipments would pass through the heart of many major cities. They would also pass through 370 of the 435 congressional districts across the U.S.!  But before that, it would expedite the opening of centralized interim storage sites for radioactive waste in Texas and/or New Mexico, multiplying the risks.  WCS has applied for a site in Andrews County Texas and the Eddy Lea Energy Alliance, working with Holtec, has applied for a site near Hobbs and Carlsbad, NM.

Energy Secretary Rick Perry just dropped a bombshell proposal this week, at a U.S. House hearing, to also do interim storage at the Nevada Nuclear Weapons Test Site, before ultimately burying the wastes at Yucca, all against the state’s will, without its consent.

Each shipment, whether to a permanent storage site or one of the proposed “interim” storage sites, represents a potential Dirty Bomb on Wheels risk, whether due to severe accident or intentional attack. The hazardous gamma radiation that could be emitted would expose persons who are too close (e.g. living along the shipping route, getting stuck next to a shipment in traffic, etc.) to a myriad of health impacts.  Transportation routes to either the proposed west Texas or New Mexico interim storage sites would likely have nuclear waste traveling through the DFW metroplex area, Houston and San Antonio, depending upon where the waste originated.  This is an issue that Texans should weigh in on.  Dallas, Midland, San Antonio and Andrews County have already passed resolutions asking that radioactive waste not be transported through  their communities.  What can you do?

Urge your U.S. Representative to block this dangerous legislation, by voting against HR 3053 and urging their U.S. House colleagues to do the same.

The bill itself: http://docs.house.gov/meetings/IF/IF00/20170628/106210/BILLS-1153053ih.pdf

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Posted in Global Warming | Tagged |

Department of Justice Wins Stop To $367M Merger Of Radioactive Waste Firms

June 21, 2017 by Citizen Carol

A Delaware federal judge on Wednesday, June 21, 2017, blocked the $367 million merger of EnergySolutions Inc. and Waste Control Specialists LLC, (WCS) siding with the U.S. Department of Justice in the government’s bid to enjoin the deal on antitrust grounds.  WCS had withdrawn their application for a high-level radioactive waste storage license back in April pending this merger.  What this means for the west Texas site is not yet known, but we will keep you updated as we know more.

Posted in Nuclear, Radioactive Waste | Tagged |

Austinites Call for More Ambitious Plan for Austin Energy to Protect the Climate and Improve Equity

June 20, 2017 by kaibawhite

Janis and Evan Bookout speaking in support of renewable energy to protect the climate (Photo courtesy of Al Braden, www.albradenphoto.com)

Yesterday morning, Austinites took time out of their day to show up at City Hall and let the Austin City Council know that we expect real leadership when it comes to adopting an updated Austin Energy Resource, Generation and Climate Protection Plan.  Many joined us in a call for carbon-free by 2030, and 75% renewable energy by 2027 goals.  The other common theme we are supporting is the need for additional programs to make the benefits of distributed solar accessible to low-income residents, renters and those in multifamily housing.

Join us at the public hearing on August 10 to call for a rapid transition to clean, renewable energy, while improving equity.

This process started last November with the creation of the Electric Utility Commission Resource Planning Working Group (which was partially appointed by Austin Energy).  But after months of meetings, the working group recommendations (which have been endorsed by Austin Energy) fall well short of leadership on either climate protection or energy equity.  The recommendations call for only 65% renewable energy by 2027, limited or no increases for energy efficiency, local solar and energy storage goals, and no solid commitments to improve access to distributed solar.

Thankfully, the Austin City Council is the board of directors for Austin Energy, so we all get a chance to weigh in with our elected officials to call for a plan that represents Austin values – doing right by our planet and our neighbors

That’s what the public hearing is for, so please mark your calendar.

At least 32 U.S. cities have committed to a 100 percent renewable energy goal and 5 have already achieved this goal.  If Austin is to claim leadership on combating climate change, a commitment to 100% carbon-free energy is needed.  This, of course, implies that all of Austin Energy’s fossil fuel generators would need to be retired.  That would include the natural gas-fired power plants at Decker Creek and Sand Hill, both located on the east side of Austin.  This would improve air quality in the city and end our utility’s contribution to fracking, which is responsible for groundwater contamination, air pollution (including methane – a powerful greenhouse gas), earthquakes and destroyed roads in Texas and other states.  With all of these harmful side effects of energy production, it is those with the fewest options and opportunities – those with the least among us – who are hardest hit.  It’s on all of us – as Austinites – to stop contributing to these negative outcomes as quickly as possible.

Daniel Llanes, of PODER – People Organized in Defense of Earth and her Resources, speaking in support of a transition away from fossil fuels to renewable energy to protect the climate; and for greater and more diverse public input (Photo courtesy of Al Braden, www.albradenphoto.com)

As we transition to clean energy, we can and should ensure that the benefits flow to everyone in our community.  As the price of solar energy has increased, more residents and businesses are going solar to reduce their bills and their impact on the environment. There is now financing available for those who can’t pay up front, making solar accessible to middle-income residents.  That’s good news, but solar has still been out of reach for those with poor credit, renters and those living in multifamily housing (either apartments or condominiums).  Making solar accessible for these populations is challenging, but utilities, governments and non-profits around the country are digging in to find solutions.  San Antonio’s CPS Energy already has a successful solar program, called Solar Host, which is accessible to low-income residents.  What we want is for Austin Energy to take on these challenges and embrace new solutions.  Local solar goals should be expanded and incentive budgets maintained to make solar an option for Austinites at all income levels and in all types of housing.

If these ideas speak to your values, please come to the public hearing on August 10 to speak your mind.

Goals are only useful if they are high enough to spur innovation and action beyond what is already happening.  We want Austin to be ambitious in taking on climate change and equity.

Here’s what we’re asking for (3rd column):

 

Posted in Austin Energy, Climate Change, Global Warming, Renewables | Tagged , , , |

Texas Lawmakers Authorize Legislation To Keep Emissions Reduction Plan Alive

May 30, 2017 by Adrian Shelley

AUSTIN, Texas — The 85th Legislature gave all Texans a surprising bit of good news when they extended the programs for the Texas Emissions Reduction Program (TERP), which was set to expire in 2019.

TERP is the second largest air pollution reduction program in Texas, and since its inception in 2001 it has become the most cost-effective way to reduce air pollution in the state.

Only hours before the final deadline to pass a “Conference Committee Report,” the Texas Legislature approved SB 1731, which included an amendment to reform and expand TERP. In response, the Lone Star Chapter of the Sierra Club, Public Citizen and Environmental Defense Fund — who have supported and worked with legislators and the Texas Commission on Environmental Quality since 2001 on TERP implementation — praised lawmakers for their efforts, but issued a warning: the Legislature must actually appropriate the money now.

“We salute the Texas Legislature for extending and expanding TERP programs so that Texas actually complies with EPA’s health-based standards for ozone pollution in our major cities,” noted Cyrus Reed, Conservation Director of the Sierra Club’s Lone Star Chapter. “However, the Legislature failed to extend the fees that pay for the program, and the budget bill actually cut appropriations for TERP by some $80 million over two years, subject to a possible adjustment by the Legislative Budget Board. This will need to be fixed for the program to work as it should.”

Recent polling has found that TERP has strong support in Houston, where air pollution is a constant problem. “We’re glad that the Legislature responded to the concerns of Houstonians,” said Adrian Shelley, director of the Public Citizen Texas office. “One of the major improvements for TERP under SB 1731 is the provision to allow more money to be spent in rail yards and port yards, where we have the greatest air pollution concentrations,” he added.

“We’re pleased that TERP has been extended and now includes modifications that will allow more cost-effective projects at ports,” said Christina Wolfe, Manager, Air Quality, Port and Freight Facilities at the Texas office of the Environmental Defense Fund. “There is plenty of work ahead of us to ensure that all Texans breathe healthy air, so we appreciate the Texas Legislature taking this first step in recognizing the importance of TERP. Now we need them to ensure the programs are funded.”

The bill to extend and expand the program had a somewhat tortured history. After passing the Senate early in the session, SB 26 by Craig Estes (R- Wichita Falls) was then referred to the House Committee on Environmental Regulation. There, clean air advocates — which included environmental groups like EDF, Sierra Club and Public Citizen, and industry groups like the Texas Chemical Council, the Texas Association of Business and electric utilities — worked with Chairman Joe Pickett (D – El Paso), Rep. Brooks Landgraf (R-Odessa), Rep. Ron Reynolds (D-Houston) and Rep. Tony Dale (R- Round Rock) to craft a revised version of SB 26, which put more emphasis on the most cost-effective programs, including the revised Seaport and Rail Yards program to clean up pollution from equipment at our ports and rail yards.

However, the House version of SB 26 was put late on the calendar and the House of Representatives did not get to the bill when the deadline of midnight occurred on May 23rd. Then, versions of SB 26 were added to three other bills as amendments, though two of them were not taken up. Finally, on May 29th, at approximately 9:30 PM, both houses passed the TERP bill as part of SB 1731 by Sen. Brian Birdwell (R-Granbury) and Rep. Morgan Meyer (R-Dallas).

While the groups behind the TERP legislation were happy with the passage SB 1731, some last-minute confusion on the budget made it unclear how much TERP is actually funded for the next two years. During last-minute budget negotiations, TERP funding was cut from approximately $118 million per year to $78 million per year, and a contingency rider that was supposed to restore funding if a TERP bill passed was not in the final version of the budget.

In addition, separate legislation to extend the six fees that actually fund TERP did not pass, meaning the Legislature will need to come back in 2019 to extend them if the programs are to continue.

“We call on Governor Abbot to not only sign SB 1731 into law, but call back the Legislative Budget Board to adjust the budget to reflect its passage and return the nearly $40 million a year that was cut to fund these new programs,” added Reed. “Ultimately, the Legislature is going to have to decide how important it is to get the dirty air in our cities cleaned up and extend the fees — and spend the revenues — to help our children, the elderly and those with asthma to be able to breathe clean air.”

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Posted in Air Quality, Ozone | Tagged |

Dear Representatives: The People of Texas Deserve Better

May 12, 2017 by Adrian Shelley

Last night’s session at the Texas House of Representatives underscored a worrisome trait that is unfortunately becoming more and more common in our democratic process: the utter incapacity of our elected officials to compromise.
In a stunning move, state representatives from the Texas Freedom Caucus announced their intent to kill more than 100 bills in retribution for what they called “petty personal politics.” These bills, which represent thousands of hours of work by hundreds of lawmakers and staff members over the last five months of the legislative session, were undone in a few hours by members too bitter about the failure of their own pet interests.

State Rep. Matt Shaheen, R-Plano, Rep. Matt Schaefer, R-Tyler and Rep. Jeff Leach, R-Plano announce their intent as part of the Texas Freedom Caucus to kill more than 100 bills on May 11, 2017. Bob Daemmrich for The Texas Tribune.

“It’s an astonishing refusal to govern,” said Adrian Shelley, director of Public Citizen’s Texas Office. “A few lawmakers are willing to grind state government to a halt because of petty infighting and a failure to work together.”
Legislative paralysis in Texas leaves voters wondering if those they have elected have their best interests at heart. Among the bills that died this week were legislation to address rising mortality among pregnant mothers, air and water protections and legislation to promote transparency and open government.
“Last night’s meltdown at the House was the worst case of political immaturity I have seen in my 35 years of working at the Capitol,” said Tom “Smitty” Smith, former director of the Public Citizen’s Texas office. “Chubbing by members on the last night of the session is a time honored tradition, but the self-absorbed fits of a dozen freedom caucus members is a blatant example of their utter disrespect for the needs of their fellow legislators and citizens. They should be ashamed of their actions.”
Public Citizen is a national, nonprofit consumer advocacy organization based in Washington, D.C., with an office in Austin, Texas.

Posted in Good Government | Tagged |

Oppose Texas House Bill 2662

May 5, 2017 by Citizen Carol

UPDATE:  HB2662 Passed with an amendment by the author that took all the bad elements out and left reporting by TCEQ in.  Thanks for all of you who took action.  You made a difference.

The Texas House of Representatives is set to vote on a bill that could allow for the expansion of radioactive waste disposal in Texas.

That’s right – some Texas lawmakers actually want to bring more radioactive waste to our state.

Ask your Texas state representative to vote “no” on House Bill 2662 to stop the unnecessary expansion of radioactive waste disposal in Texas.

Most states fight to keep such waste from being shipped to their communities, but Texas lawmakers are more worried about helping out the private company that owns the disposal site than protecting Texans.

Waste Control Specialists (WCS) is already deep in debt and looking for a buyout. It defies all reason to let a failing company expand in such a dangerous line of work.  

If the company goes bankrupt, Texans will be left to foot the bill for cleaning up or continuing to store this radioactive waste.

Email your Texas state representative now to oppose this bad bill.

 

Posted in Global Warming | Tagged |

Texas: The Next Solar Frontier

May 1, 2017 by Citizen Carol

Networking event at last year’ Solar Power Texas

Mark your calendar for Solar Power Texas, June 13-14, 2017 in Austin, Texas. With solar booming in the Lone Star state, leading the U.S. in use of renewable energy, increasing your visibility and company in the Texas market is more important than ever.  Click here for registration information or click on Texas_Infographic(1) for a flyer on the event.

Posted in Global Warming | Tagged |

Tom “Smitty” Smith Gets An Affectionate Sendoff at the Texas Legislature

April 25, 2017 by Adrian Shelley

The recently retired director of the Public Citizen Texas office, Tom “Smitty” Smith, was honored by the Texas House of Representatives for his 30+ years of service.

An emotional Smitty says goodbye to friends and colleagues on both sides of the aisle.

A fixture at the Texas Capitol for more than 3 decades, Smitty has fought long and hard on issues around the environment, renewable energy, ethics reform and nuclear waste disposal, but perhaps his hardest battle will be to be able to walk away from it all. He still cares deeply about the issues and knows there is yet much to be done.

“Smitty has always been an invaluable resource for Public Citizen and for the Legislature,” said State Rep. Eddie Rodriguez on the House Floor as he warmly spoke about Smitty’s work. “Thank you for your service,” he added, prompting warm applause from lawmakers on both sides of the aisle.

Throughout his long years of service, Smitty organized the citizens of Texas around issues close to his heart, like campaign finance reform, shutting down dirty coal plants, increasing the state’s renewable energy portfolio and combating global warming. “Organized groups of students, teachers and concerned citizens can have a powerful impact on U.S. policy,” was his mantra and he applied it over and over again.

Smitty walks through the halls of the Texas Capitol prior to his send off on the House floor.

His hard work seems to have paid off. Today, Texas leads the nation in wind energy production and solar energy is growing. Programs Smitty championed (TERP) have removed more than 170,000 tons of nitrous oxides from our atmosphere and the energy efficiency codes he helped pass have saved the average homeowner around 30% of their average energy costs.

Undoubtedly, there is still a long and bumpy road ahead for environmental issues in the Lone Star State. However, Smitty’s life’s work will serve as a blueprint for the next generation of activists. The torch is lit, Smitty. Thanks for lighting the way.

Posted in Texas Legislature | Tagged |

How might Trump’s war on regulations impact real people. EPA holding a public meeting to find out.

April 17, 2017 by Citizen Carol

The U.S. EPA’s Office of Air and Radiation (OAR) is holding a public meeting via teleconference on April 24, 2017 so that we can listen and learn from those directly impacted by our regulations. The focus of this teleconference will be on air and radiation actions only. We invite you to provide input on these rules during the public teleconference. Information on joining the teleconference and submitting comments through the docket are below. For questions about this process, please contact oarinvitations@epa.gov.

OAR’s public teleconference will be an operator assisted call. The call with start with brief remarks from EPA and the remainder of the call will be dedicated to listening to public input. Participants wishing to speak or listen do not need to register in advance for the teleconference. To hear the opening remarks, please dial in 10 minutes before the start time. You may call into the teleconference at any time during the three-hour period.

If you wish to speak, at any time, you may nominate yourself to speak by hitting *1 on your phone. Your name will be added to a queue. Speakers will be asked to deliver 3 minutes of remarks and will be called on a first come, first served basis. OAR will do our best to hear from everyone who wishes to speak. The teleconference will be transcribed and will be added to the docket. If you do not have the opportunity to speak on the call, please submit your input to the EPA-wide docket (docket number: EPA-HQ-OA-2017-0190; https://www.regulations.gov/docket?D=EPA-HQ-OA-2017-0190). OAR will give equal consideration to input provided through either of these methods.

For more information on upcoming public engagement opportunities offered by other EPA offices please visit: https://www.epa.gov/laws-regulations/regulatory-reform

Posted in Global Warming | Tagged |

El Paso Electric Renews its Attack on Solar Customers

April 13, 2017 by Adrian Shelley

El Paso Electric (EPE) – which is a for-profit company with a monopoly in the El Paso area – is seeking higher rates for the utility’s west Texas customers and launching another attack on solar customers. Despite increasing rates last year, the utility wants to collect an additional $42.5 million each year from its customers. Under the new proposal, EPE’s customers would face an overall 8.7 percent increase, amounting to $8.25 per month for the average residential customer. Solar customers would be hit even harder under the proposal, which an average bill increase of $14.09 per month.

Under EPE’s proposal, residential customers with solar would be subject to demand charges, which factors in the customers maximum demand for electricity at a single point in time. Demand charges are almost never used for residential customers because they are complex and can lead to significant fluctuations in bills.  Demand charges also make it very difficult for customers to take action to control their bills.  Solar customers would also be subject to time-of-use rates, which means electricity rates are different based on the time and day of the week.  While time-of-use rates can be a good tool, there is no justification for forcing them on customers with solar, but not other customers.

The 2017 utility tries to justify its discrimination against solar customers by using the false “cost-shift” argument. EPE plans to put the solar customers in a special class to “establish a fair rate structure that reflects the cost to serve each customer class.” To put it simply, EPE and other utilities are using the false argument that solar customers do not pay their fair share of grid-upkeep costs. This has been proven to be a false assumption by numerous studies conducted to calculate the value of solar. The improper allocation of costs to solar energy users will reduce the number of people willing to invest in solar and will leave current customers with no way to recover their costs.

EPE’s persistence in targeting solar customers has raised concerns. Several solar industry and advocacy groups, including The Alliance for Solar Choice (TASC) and Eco El Paso are going to fight the proposal at the Public Utility Commission of Texas (PUC) . Public Citizen is supporting these efforts by pushing the City of El Paso to make fighting the unfair solar fees and preventing the attack on solar a priority.

If you live in El Paso, take a minute to email the city to voice your opposition to the proposed unfair rates for solar customers.

“Demand charges found unreceptive audiences among regulators in 2016, and last year, Texas residents clearly rejected El Paso Electric’s same drastic and unprecedented rate design that punishes solar customers,” says TASC spokesperson Amy Heart. Senator José Rodríguez also issued a strong statement in opposition to the proposal:

I’m disappointed that El Paso Electric insists on discouraging people from installing solar on their homes. The electric company once again wants to single out solar customers by increasing their rates at least two times the amount of their non-solar neighbors. Solar customers will no longer be able to save on their electric bills, which was the reason they installed solar panels in the first place…I strongly believe these anti-solar proposals contradict the intent of Senate Bill 1910, which I passed in 2011 to authorize solar net metering in El Paso Electric’s service territory.

Fortunately for solar customers and non-solar customers alike, the evidence clearly shows that solar customers are contributing at least as much value as they get from the grid. A recent report from the Environment America Research & Policy Center evaluated 16 “value of solar” studies, and all but a couple that were conducted by utilities showed that the value of energy solar customers contribute to the system is higher than the retail rate they offset with net metering.

If you live in El Paso, help us and Eco El Paso fight back by sending an email to the El Paso City Council.

Posted in Renewables, solar | Tagged , , , , |

Greetings from the new Director of the Public Citizen Texas Office

April 6, 2017 by Adrian Shelley

By Adrian Shelley, Public Citizen

In 2011, when I was serving as the Environmental Director and Counsel for Houston Representative Jessica Farrar, I met a remarkable man. He had a white hat and a penchant for storytelling, and he was well known around Austin.

“Smitty’s” presence became a usual sight at our State Capitol.

It’s an interesting experience walking around the Capitol with Smitty, the Director of our Texas Office for thirty-one years. He knows every third person in the building, and he usually has a story or two about something they did together several decades ago. They’re not all work stories either.

Something else Smitty has is an unparalleled reputation. Not everyone agrees with him, but they all respect him. One of the reasons he’s gotten so much done over the years is that he isn’t afraid to look for supporters from across the spectrum. As a young legislative staffer, I was sometimes bewildered by the unlikely alliances he proposed. Many of them came to nothing, but when they succeeded, you can be sure it was because Smitty believed they were possible.

There is a quote on the wall in our office by Kurt Vonnegut, “Out on the edge you see all kinds of things you can’t see from the center. Big, undreamed-of things—the people on the edges see them first.”

Here in Texas, Smitty is definitely out on the edge. As for me, I started this work from my vantage in Houston, the city where I was born and raised. Growing up in the “Energy Capital of the World,” I had firsthand experience of the benefits that come with a thriving energy economy. I grew up in the suburbs of Houston, surrounded by families who knew the board rooms better than the well pads. It wasn’t until I was interning for Air Alliance Houston in my twenties that I gained an appreciation for the term “fenceline communities.” Until then, those neighborhoods and the people in them had been invisible to me. When I first saw the people whose health and quality of life suffered at the hands of the petrochemical industry, I was amazed. Even ashamed.

How could a native Houstonian—well aware of the economic benefits of the energy industry—be so blind to its human cost? The unfortunate answer is that those communities, which are predominantly low-income communities of color, do not have a voice.

This is where Public Citizen comes in. Public Citizen advocates for a healthier and more equitable world by making government work for the people and by defending democracy from corporate greed. When marginalized people are drowned out by global corporate interests—Public Citizen is there to speak up. In Texas, the loudest voice speaking on their behalf has been, for many years, Tom “Smitty” Smith.

Smitty’s voice and vision have driven our work in Texas for three decades. Now that he has handed the reins to me, many people are wondering what my vision is.

It’s not going to be easy to fill Smitty’s shoes, but nothing that’s worth doing ever is.

I can’t tell you how many time in the last week someone has issued a good-natured warning: “You have some very big shoes to fill.”

They might have added that I have a large white hat to fill as well. Somewhere between the shoes and the hat, I also need to develop the vision. After three days, I can’t say I’ve got it yet. What I know is that I share Public Citizen’s vision for giving a voice to marginalized people. And I’ve seen firsthand what happens when corporate interests prevail over human decency.

My hope is that I can bring Public Citizen’s mission, Smitty’s experience, and my own vision together. Standing out here on the edge, I can see plenty that needs to be done.

Posted in Texas Legislature | Tagged |

Texas Should Urge Congress to Ratify an Amendment to the U.S. Constitution Overturning Citizens United

March 29, 2017 by Citizen Carol

Representative Rafael Anchia has a resolution to overturn Citizens United, HCR 34 that will be heard on Thursday, March 30th in the State & Federal Power & Responsibility, Select Committee (which convenes at 8:00 AM in committee hearing room E2.036 at the Texas Capitol in Austin, TX).

On January 21, 2010, the U.S. Supreme Court ruled in Citizens United v. Federal Election Commission (FEC) that campaign contributions limits for “independent expenditures” of individuals, unions, and corporations were unconstitutional. In the decision, the majority argued that spending money in our political process is no different than voicing an opinion; it’s speech and it’s protected under the First Amendment.

Seven years later, the drastic consequences of this decision are still haunting our country. Eighteen states, Washington, D.C. and more than 700 municipalities have already called for a constitutional amendment to overturn this ruling that has proved so damaging to our democracy.

Currently, the political system rewards politicians who court a handful of major donors and punishes candidates who rely on small donations from a broad base of ordinary citizens. The result? Local, state and national public policies correlate less and less with public sentiment. Our nation was founded to be “of the people, by the people” and “for the people,” and Americans across the political spectrum agree that big donors have too much power over our government. A national poll found that 80 percent of Republicans and 83 percent of Democrats support overturning Citizens United. There are few other issues that unite us in this way.

We commend the state of Texas for its ban on direct corporate contributions to political candidates. However, it’s not enough. Citizens United allows for corporations and unions to sidestep this regulation by contributing to super PACs without limit and anonymously. In Texas, political spending by entities that do not disclose the identities of contributors reached over $900,000 in the 2014 election cycle. More than $10 million was spent by outside spenders on Texas federal races in 2016.

This ruling weakens states’ rights by opening the doors for deep-pocketed outside interests to disproportionately dominate local elections. This is not normal, nor is it okay.

The Court’s decision rolled back nearly a century of laws – federal and state – passed by lawmakers from both sides of the aisle who, regardless of political affiliation, agreed that reasonable restrictions can and should be placed on campaign spending by powerful special interests to protect our democracy. Citizens United itself struck down key parts of the Bipartisan Campaign Reform Act of 2002 (BCRA), known as the McCain-Feingold Act. BCRA was introduced by U.S. Sen. John McCain and was signed into law by President George W. Bush.

The founding fathers spoke to the importance of a person’s political influence being the same, regardless of economic bracket. To quote James Madison in the Federalist Papers:

“Who are to be the electors of the federal representatives? Not the rich, more than the poor; not the learned, more than the ignorant; not the haughty heirs of distinguished names, more than the humble sons of obscure and unpropitious fortune. The electors are to be the great body of the people of the United States.”

Our current system runs contrary to Madison’s vision. Our current system runs contrary to the will of the majority of Americans. Our current system caters to the needs of billionaires over the general population, to corporations over small businesses and to the political greed of a minority over the common sense of the majority. The Citizen United ruling is central to these wrongs, and Texas should join independent thinking states throughout the nation in calling for the return of our democracy to the people.

Contact the committee members and tell them you support HCR 34 and think they should vote it out of committee so the Texas Legislature can vote on this resolution.

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Posted in Campaign Finance, Ethics | Tagged |

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