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Year in Review: The Little Climate Bill That Couldn’t

Posted in Energy, Global Warming, Renewables, tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , on January 8, 2010 |

EDITOR’S NOTE: At this rate, we may actually finish reviewing the year in blog 2009 by the end of January 2010– just how we wanted to start the year!!  But… stuff keeps happening…. and we can’t blog! Or we have to blog about the important, breaking news stuff!  So, sorry for dragging this out, but we hope you’re having fun reminiscing as much as we are blogging about it.

5. The Little Climate Bill That Couldn’t

We had high hopes coming into 2009.  Congressmen Waxman and Markey were hard at work on draft legislation that they promised would meet scientific standards on climate change.  They had even collected signatures from the majority of their caucus on principles that they would build off of. And those principles were pretty good.  So was Obama’s proposed budget, which showed they had revenue plans starting in 2012 of a 100% auction of CO2 credits- a 100% auction being the method that most agree brings quicker pollution reductions and is also, according to the EPA, the least regressive method of implementation.  Hey, anything that hurts poor people the least is what we want to do, right?

WRONG. Clearly, you think differently than the majority of the US Congress.

Then Waxman and Markey released their draft legislation – our reaction was not pretty. Texas Congressmen had been complicit in weakening the bill away from the standards of the original principles.

Good Points:

  • AMAZING building code and appliance standards for energy efficiency
  • Good long term (2050) and short term (2020) goal for carbon reduction (still needed to be improved to what science calls for- but a good start)
  • Had a renewable energy mandate and an efficiency mandate: we’d get 20% of our power from renewables by 2020 and increase energy efficiency by an additional 10%.

Bad points

  • Well… all of those goals could be bigger.
  • No language on how the carbon credits would be auctioned or allocated.  Nada. Left to be decided later. Like a “scene missing” slide in a Nine Inch Nails video that gets crazier and scarier as time goes on….

And then the hearings on the bill started.  In typical fashion, climate denier troglodytes like Texas’ own Joe Barton tried to slow down the proceedings– by insisting that the entire bill and its amendments be read aloud before the committee.  Because of this unprecedented demand, the House Energy and Commerce Committee simply hired a speedreader.

[youtube=http://www.youtube.com/watch?v=j_SB7g_Yb-0]

If only that had been the extent of the funny business with the bill… but both behind closed doors and by amendment in the committee, the climate bill got gutted.  First, special giveaways to the nuclear industry. Then to the coal industry. Then decreasing the renewables and efficiency goals by almost half.  Then offsets language that guaranteed that polluters would be able to continue to pollute above the cap– meaning in a bill whose primary purpose is to make sure we curb pollution so we don’t fry the planet, our emissions might actually GO UP, not down. And the bill passed the House Energy and Commerce Committee, its largest hurdle, but by then it had been incredibly compromised.  Our immediate reaction was:  follow the money (ad this remains the single best explanation of what happened to the climate bill to date, imho– it also helps that I wrote it).

But they weren’t done with the gutting of the bill yet…

Then special giveaways to the agribusiness industry. And finally, the coup de grace, they stripped the EPA of their authority to regulate greenhouse gases through the Clean Air Act.

During all of this, we were trying our best to stand up for ordinary Texans against these corporate interests– you may have seen us at the King William Parade in San Antonio, telling San Antonio’s Congressman Gonzalez, “Sorry Charlie, Bailouts Aren’t Green.”  I think aside from crashing the Energy Citizens Rally this was the most fun I had all year.

We were, to say the least, conflicted.  We REALLY REALLY REALLY wanted a climate bill.  But what we got was a climate disaster.  The Waxman-Markey Bill, co-authored by your special interest friends, passed on June 28.  Ugh.  It’s like sending out a birth announcement of a really, really ugly baby.  Or opening a beautifully wrapped present you thought was the perfect gift but finding instead the world’s ugliest Christmas sweater.  Disappointment? That’s not strong enough.  To use the parlance of our day: #EPIC FAIL.

The Senate side hasn’t fared much better.  Despite a decent framework from Senators Kerry and Boxer (it really needs to be improved, but it could be worse) passing through the Senate Environment and Public Works Committee (partisan knuckledraggers, led by Denier-in-Chief James Inhofe, actually boycotted the hearings and the vote), it has yet to be worked on by the Senate Finance Committee (who, you may have heard, was REALLY busy working on some bill having to do with health care.  It didn’t get much media coverage, so you may have missed it. </sarcasm>)

Meanwhile, others felt that both the Boxer bill and the Waxman-Markey bill were DOA in the Senate, so a tri-partisan group of Sens. Lindsey Graham (R-SC), John Kerry (D-MA- look! I got my name on TWO climate bills this Congress!), and Joe Lieberman (I-CT) have said they would develop their own climate bill.  No word yet on their framework (a draft could come any day now), but, unfortunately signs are pointing to “not good”.  It seems the only thing the three of them can really agree on is more pork for nuclear.

However, the EPA in December issued an endangerment finding for greenhouse gases, the next step in actually regulating them, as they were ordered to do in 2007’s Massachusetts v EPA Supreme Court case.  So a year that began on a hopeful note went bad, then worse…. but ended with a little ray of sunshine.  Here’s to a New Year’s Resolution of ACTUALLY passing a climate and clean energy bill that can ACTUALLY fight climate change and create more clean energy. And just like that New Year’s Res to lose 10 pounds, this year we REALLY mean it!

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By promoting cleaner energy, cleaner government, cleaner cars, 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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Houston Mayor and Senate Hopeful Speaks on Energy Security

Posted in Efficiency, Energy, tagged , , , , , , , , , , , , , , , , on August 27, 2009 |

While at Netroots Nation a few weeks back, I had the opportunity to listen in on a panel discussing climate change, Texas’ energy future, and energy security featuring Houston Mayor Bill White (you might have also heard he is running for US Senate).

Mayor White gave very measured, political answers. Throughout the panel, never did the words “Cap and Trade” leave his lips, but he did remain skeptical of anyone who claimed to have it all figured out and that their answer would be easy and painless. He also showed legitimate concerns about the impacts of renewable energy mandates done wrong on low-income consumers. As a representative from a consumer advocacy organization, it is refreshing to hear White’s commitment to protecting our most vulnerable even as we chart a new energy future.

Mayor White’s stated goals are to become more energy independent for basic security reasons and to be in control of our energy future. To do so, he maintains that we must reduce our pollution based on sound science, and do so in a way which does not burden low-income households. He proposes three main mechanisms to meet these goals:

  1. Cut the amount of fuel we use in vehicle travel without impinging on people’s ability to travel freely– specifically by increasing our efficiency per mile traveled.
  2. Cut the amount of energy consumed in buildings. Why drive up the cost of business by paying for electricity?
  3. Decrease the amount of power we get from coal and substitute that power with cleaner sources

Despite some skepticism, Mayor White certainly showed that our energy future could have our cake and eat it too, namely through increased efficiency in building codes, fuel efficiency standards for vehicles, and use of cost-effective renewables. See the edited video here:

[vimeo 6300204]

Public Citizen does not and would never endorse candidates. Even if we could, it’s hard to get an exact read on Mayor White and how he would act as the next Senator from Texas on the issue of federal climate policy — so even so we could offer little endorsement other than a candid analysis of his words and his record.

When asked off-camera about how he would vote on the American Clean Energy and Security Act (ACES), the climate bill which passed in the House in June and due up for debate in the Senate over the next 2-3 months, he remained committed to energy efficiency but overall rather vague. White showed skepticism as to large long term goals rather than smaller but gradually increasing cuts in emissions. His version of the bill, he said, would have strong building code mandates, a renewable energy efficiency standard (which is it, Bill?) with a price cap on renewables to protect consumers, and change dispatch priorities to wean the nation off of coal fired power. He did not, however, indicate whether or not he would support implementing a federal cap on carbon dioxide emissions or the cap and trade mechanism.

This is a question likely to come up in the next few months when ACES comes to a Senate vote, and hopefully Mayor White will have a clearer answer prepared when that time comes. But if the final answer is no on ACES, would he have some specific policy solutions about how to improve the bill, or would he just cast the same “no way, never” vote that we’ll likely get from John Cornyn or Kay Bailey Hutchison?

That being said, it is refreshing to hear a candidate speak so fluently about energy policy. Mayor White’s record on energy as Deputy Secretary of Energy stands on its own, as does his impressive work on making Houston a national leader on energy efficiency. We may still be uncertain as to where he stands on ACES, but we certainly know his feelings on energy efficiency both in word and deed – which is nothing to sneeze at.

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Second Chance to Update State Energy Codes

Posted in Global Warming, tagged , , , , , , , on July 2, 2009 |

frameworknewThe word, according to the Lone Star Chapter of the Sierra Club:

The Texas Legislature failed to update state energy codes for new commercial, industrial, and residential buildings. That doesn’t mean Texas can’t move forward. We can get the job done in other ways.

There is a silver lining to this spring’s legislative shortfall: proposed rulemaking at the State Energy Conservation Office (SECO) to update the state minimum building codes from 2001 to 2009 may move faster than the proposed legislation would have required.

Adopting the 2009 IECC or IRC will lead to the following changes in residential construction:

  • Homes will be tested or inspected to allow less air leakage and less thermal infiltration, leading to less energy use.
  • Ducts will be sealed and tested or located in conditioned space to ensure that heating and cooling equipment functions efficiently.
  • Windows will meet lower U-factor and lower SHGC requirements, leading to substantial reductions in the amount of air conditioning needed. (Note that the IECC sets a more stringent SHGC requirement than the IRC.)
  • At least half of light fixtures will have to be “high efficacy.” (Lights have not been included in previous residential energy codes.)

On June 5th, SECO opened a 30-day comment period on updating the residential energy codes based on the 2009 IRC Codes. Take a moment today to send your comment of support for updated energy codes! Comments are due to SECO before 5 pm on July 5.

Failure to update our standards quickly and effectively would be a step backwards and could potentially impact current or future funding from the federal government.  Texas lags behind many states on its Energy Codes (see map). The nation is moving to update energy efficiency codes, with Congress considering a single national building code standard.  Under the American Renewal and Recovery Act (the federal economic stimulus program), Texas has submitted a letter to the Department of Energy saying it has a process to update its standards, allowing SECO to accept certain grants for energy efficiency.

Take action today and send your comment to SECO to support new, green energy codes in Texas!

For more information, check out Sierra Club’s factsheet.

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Texas Legislature Advances Clean Power and Green Jobs, but Loses Steam in Political Wranglings

Posted in Global Warming, tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , on June 1, 2009 |

Environmental Groups See Clean Energy Groundwork Laid for the Future

(Austin) Senate and House members from both political parties showed unprecedented support for developing more renewable energy and energy efficiency in Texas by filing a large number of clean power, green jobs bills in the 81st Texas State Legislature. A number of major bills passed either the House or the Senate. Ultimately, political disagreements over other issues and over the size and extent of the programs delayed and killed most of these excellent legislative initiatives.

Environmental groups Sierra Club, SEED, Public Citizen, Environmental Defense Fund, and Environment Texas applaud the passage of some clean energy, green jobs legislation and view the Legislature as having laid ample groundwork for the future.

“The fact that both the House and the Senate passed major legislation on energy efficiency and renewable power with bipartisan agreement shows that Texas leaders are willing and able to develop clean power and green jobs for our state,” noted Cyrus Reed, Conservation Director of the Lone Star Chapter of the Sierra Club. “Nevertheless, leaders were distracted by undue influence from industry interests and by the Voter ID debate which hampered passage of clean energy bills and other more vital areas of legislation.”

“Texas is moving more slowly than a melting glacier toward developing global warming policy. Rather than implementing already available energy efficiency and distributed energy solutions, Texas’ response to global warming is to develop futuristic industrial-sized solutions. As a result the state has legislation pending that may develop standards for large scale carbon sequestration projects and provide incentives to get companies to develop the technologies,” said Tom “Smitty” Smith, Director of Public Citizen’s Texas office. “On the positive side, the state has passed a study to develop a series of ‘no regrets’ solutions to global warming that the State can achieve at no cost. Also, the Texas House, especially the House Committee on Environmental Regulation, should be applauded for their more open leadership style this session which lead to far more reasoned and less ideological bills being developed in the committee.”

Clean Power, Green Energy Bills that passed both bodies and will go to the Governor (as this release goes to press):

  • Green fleets legislation to promote low emissions and plug-in hybrid vehicles for fleets of major State Agencies (HB 432);
  • Legislation allowing cities to create financial districts to loan money for renewable power and energy efficiency (HB 1937).
  • Legislation setting a ‘no regrets’ strategy for greenhouse gas reduction in the State; a study of the state’s energy use to find ways to reduce our emissions and save money at the same time (SB 184)
  • A coordinated green jobs strategy including funds allocated for child care programs, vocational training initiatives, energy efficiency measures, the Weatherization Assistance Program (WAP), and/or any other recovery funds (passed as a Rider to Article 12).
  • Green fee bill passed allowing governing board of public colleges and universities to institute an environmental service fee once approved by student body election.

“This has been a disappointing session,” said Luke Metzger, Director of Environment Texas. “However, with the passage of HB 1937, we can start the ball rolling on developing Texas’ solar future, working with local communities one at a time to start financing solar and energy efficiency projects.”

Groundwork Laid for Next Session

The major Clean Power, Green Jobs bills that passed the House or Senate but did not ultimately make it to the Governor’s Desk include:

  • Raising the state’s minimum residential and commercial building codes from 2001 to 2009 standards (passed Senate as SB 16 and HB 2783 in House);
  • Raising the utility efficiency goal (SB 546 passed both houses but no agreement was reached between Senator Fraser and Representative Anchia on the size of the goals)
  • Adopting appliance efficiency standards for a variety of products, including pool pumps (passed Senate as SB 16)
  • Creating a 1,500 MW Emerging Technology Renewable Standard (SB 541 – passed the Senate)
  • Creating a $500 million solar incentive program (SB 545 – passed the Senate).
  • Creating a Policy requiring utilities and retail electric providers to pay consumers fair buyback rates for excess electricity generation from renewable energy (HB 1243 – passed House and Senate, but was killed in the House through concerns over germaneness and Senate amendments.);
  • High performance energy efficiency building standards for state buildings, including universities and public schools (HB 431). The Senate may pass the conference committee report today, on Sine Die.

Factors which prevented bills with bipartisan support from making it across the finish line:

  • The issue of Voter ID, which put many major efficiency and renewable bills too far down the calendar for consideration in the House;
  • A disagreement over the germaneness and concern over the possible costs to low-income residents of adding the solar incentive bill (SB 545) to the surplus electricity bill (HB 1234), which led Representative Turner to ultimately kill consideration of the bill on the House floor;
  • The election of a new Speaker and the naming of new Committee Chairman understandable led to some delays in getting the committees up and running to begin to consider bills;
  • Disagreement between House and Senate on size and scope of goals set by solar and energy efficiency bills (SB 545 & 546);
  • Disagreement over the potential costs and benefits of the Renewable Portfolio Standard (SB 541);
  • Opposition from the Texas Manufacturers Association, the Governor and many utilities against the Renewable Portfolio Standard.

“We were happy to find some new allies this session including certain members of the legislature and some electric utilities that said they supported renewable energy and energy efficiency legislation,” said Jim Marston, Director of Texas Regional Office of Environmental Defense Fund. “Sadly, some of the electric companies talked a good game, but their support evaporated when opposed by their affiliated retail electric providers or others in the industry. In the end, the Association of Electric Companies of Texas reverted to representing the interests of the regressive elements of their membership harming the ability of Texas to participate successfully in the new energy economy.”

“Moreover, the Texas Association of Manufacturers (TAM) while acknowledging that an expanded renewable portfolio standard was the way to bring clean technology jobs to Texas, distributed false cost information about solar legislation that was repudiated by the PUC and others. The bottom line, TAM fought legislation that would have brought new manufacturing jobs to Texas,” said Marston.

Nuclear Bills Blocked

Environmental groups blocked bad bills that would have removed citizen rights to contest permits and would have promoted nuclear power in the State which many view as a financial drain from investment in truly clean energy.

“Nuclear power is expensive, consumes vast quantities of water, comes with serious security and health risks and creates radioactive waste, for which there is no good storage solution. We were happy to block two bad bills this session that were designed to benefit proposed nuclear reactors in Texas,” said Karen Hadden, Director of the Sustainable Energy and Economic Development Coalition.

The nuclear bills that were blocked:

  • Fast tracked water permits for nuclear power plants and cut out contested case hearings (HB 2721 was left pending in House Environmental Regulation Committee)
  • Subsidies for proposed nuclear power plants in the form of tax rebates (HB 4525 passed the House and was blocked in the Senate.)

“Representative Flynn’s bill would have fast-tracked water permits for nuclear plants, an outrageous attempt in a time of statewide drought,” said Hadden. “It would also have denied citizens an opportunity to contest issuance of the permits through hearings, an assault on democratic process. The other bad bill that we defeated would have given massive subsidies to nuclear power in the form of tax rebates.”

Miscellany

  • A good bill to address the Compact Loophole for the Andrews County Low-Level Radioactive Waste Dump bill, HB 3423 Lon Burnam did not get out of Committee.
  • Environmental groups blocked a bad provision that would have fast tracked water permits for “clean coal” plants in the final version of HB 469 and added cleaner emissions standards for those plants.
  • HB 821 passed, requiring television manufacturers that sell televisions in Texas to make free and convenient recycling available. Texas Campaign for the Environment successfully advocated for this bill.
  • Sen. Ellis used a threatened filibuster last night to kill HB 3827 which would have allowed oil companies to evade liability for MTBE water contamination;
  • SB 2169 Sets up an interagency working group, co-chaired by the Texas Commission on Environmental Quality, the Texas Department of State Health Services, the Texas Department of Transportation with other agencies to discuss smart growth and make recommendations for developing the state in a sustainable way.
  • An amendment to HB 300 creates a certification program for environmental coordinators in Texas Department of Transportation district offices. This bill is still in conference committee as this release goes to press.

“As it concludes, environmentalists can view this legislative session with some hopefulness – the Legislature is definitely involved and interested in clean energy and green jobs and did move these issues forward. But there is also some sadness – an opportunity to move significantly forward on clean energy was lost,” Cyrus Reed added. “Jobs that could have been created, and new sources of clean energy that could have been advanced in Texas were delayed this Session.”

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URGENT ACTION ALERT: Help air quality and solar in Texas!

Posted in Global Warming, tagged , , , , , , , , , , , , , , , , , , on May 25, 2009 |

government_uncle_sam_go_greenThe House has been moving very slowly in an effort to kill a Voter ID bill, but it appears the logjam has been broken. Now we have to pass our key solar and clean air bills before midnight Tuesday, May 26, which is the deadline for the House to pass any bills from the Senate.

We need YOU to pick up the phone and call your representative to say that you support solar energy and clean air.

Click here to find out who represents you, then call their office at the Capitol. Tell them:

I support SB 545, which would give homeowners incentives to put solar on their rooftops and create new green jobs.

I also support SB 541, which would support more large scale solar projects and repeat the success of our wind industry.

I also support SB 16, which would improve air quality through reducing auto emissions, better building codes, more energy efficiency, and plug-in hybrids. **If Texas does not adopt these 2009 IECC building codes, we could miss out on hundreds of millions in federal stimulus funds for weatherization.

Please support these bills in order to create tens of thousands of new green jobs in Texas and ensure a cleaner, cheaper, cooler energy future.

There are dozens of dirty energy lobbyists working to try to kill these bills as we speak. Will you stand up to them? Will you make your voice heard?

Call your Representative now!

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