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Posts Tagged ‘no regrets’

Also cross-posted at our Energy Blog:

President Obama announced this morning he was putting the government on a low carbon diet. Through a series of initiatives, he hopes to decrease energy consumption through efficiency and switching to alternative energy that is less carbon intensive.

As the single largest energy consumer in the U.S. economy, the Federal Government spent more than $24.5 billion on electricity and fuel in 2008 alone. Achieving the Federal GHG pollution reduction target will reduce Federal energy use by the equivalent of 646 trillion BTUs, equal to 205 million barrels of oil, and taking 17 million cars off the road for one year. This is also equivalent to a cumulative total of $8 to $11 billion in avoided energy costs through 2020.

“As the largest energy consumer in the United States, we have a responsibility to American citizens to reduce our energy use and become more efficient,” said President Obama. “Our goal is to lower costs, reduce pollution, and shift Federal energy expenses away from oil and towards local, clean energy.”

Fun fact 1: The US government uses approximately as much energy as the entire country of Austria.

Fun Fact 2: Similar initiatives made by states have netted huge results. The state government of Utah, led by governor Jon Huntsman (who Obama named ambassador to China, you may remember), invested $1.5 million in energy efficiency for government agencies expecting a 10 year payback. They made it back in 3– and now they save over half a million dollars in energy costs a year. Efficiency is an economy of scale– and I’m willing to be the entire government of Utah would not even fill in one of the large federal agency buildings around DC.

Fun Fact 3: Texas has its own “No Regrets” greenhouse gas reduction strategy in accordance with the passage of SB 184, which Public Citizen supported: don’t forget that Sunday is the last day to submit your energy efficiency ideas to the state comptroller’s office. For more info see: www.TexasNoRegrets.org

I think this is a domestic spending freeze everyone can get behind.

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Now that the ball’s dropped, toasts made, fireworks popped and black eyed peas consumed, we’re feeling reflective today.  Faced with that eternally annual question, “Should Auld Aquaintance Be Forgot?“, I’m moved to such mental poetry as “Heck no, this year was too much fun!”

We’ve had a hell of a year here at Texas Vox.  In such a short span we’ve gone from a humble policy blog, primarily read internally and by our own interns, to stake our claim as a top climate and energy blog in the state, with a national and even international reach.  And you, dear citizen-readers, are not the only ones to take notice: from responses we’ve received over the year it is clear that we’re also on the radar of agency commissioners, legislators, city council members and even the office of the governor.  Not too shabby for 12 month’s time, and an exciting place to be as we enter a new decade and crucial political time.

So here’s the first segment of our “Year in Review” series: the Top Texas Vox Stories of 2009.

1. Energy Citizens

Remember when, way back in August, your intrepid friends at Texas Vox boogied down to Houston to crash the American Petroleum Institute’s astroturf “Energy Citizens” rally?  This was the first of several rallies across the nation that API staged to make it look like there was a strong, ground-up movement against a federal climate change bill.  But it turned out that the event was more of a company picnic than a grassroots campaign; they blocked our entry and wouldn’t even let in the “real” anti-cap and trade grassroots, as organized by folks like Freedomworks — no American flags either! But never fear, your own Citizen Sarah was able to sneak past their burly guards and interview a few of these so-called Energy Citizens — who we found out say the darndest things (like that they don’t really know much of anything about the climate and energy bill and are there because or their employers)!

API’s antics didn’t end in Houston, either — in North Carolina, they even locked out the state representative of the district where the rally was held! After a few more rallies, it quickly became clear that on top of being funded by the American Petroleum Institute and stocked with energy company employees, the majority of them were also organized by oil-industry lobbyists. But by that point, no one was buying API’s story anymore.  Way to bust ’em, Netroots!

2. The 2009 81st Legislative Session

Activists had high hopes for the 2009 81st Legislative Session.  With the new Obama administration, fear of pending federal climate legislation, and a new Speaker of the House to break the Craddickocracy, it seemed almost certain that good bills would pass to move Texas closer to a clean energy future.

Two weeks into the session, Public Citizen Texas’ legislative package (which included such lofty goals as significant climate change legislation, a major update of state energy efficiency programs, a non-wind renewable portfolio standard (RPS), and a bill to create incentives for solar power) was in the best shape it had ever been, and the session looked to be one of the most productive in history.  At this point, all of the bills Public Citizen’s Texas office supported had made it out of committee, been passed by either one chamber or the other, and had made it out of Calendars committee and were scheduled for debate.

Unfortunately, the vast majority of our legislation was calendared behind an incredibly contentious Voter ID bill which would have required Texas voters to present a valid driver’s license to vote.  In order to block this bill, House Democrats adopted the “chubbing” tactic — talking bills to death — to avoid getting far enough down the bill list to have to vote on the Voter ID bill.

This stalling technique cut five days from the end of the session deadline and killed a tragically long laundry list of bills that were scheduled after Voter ID.  As an example, SB 16, an omnibus air quality bill which would have provided funding for TERP, plug-in hybrids, and a diesel emissions reduction plan, was directly after Voter ID on Calendars.  Our solar incentives bill was also on the same page, and the non-wind RPS bill was scheduled to be discussed the following day.  It was a very disheartening end to an otherwise shining legislative session — kind of like a great interception and full field run that ended in a trip just shy of the 1 yard line.

But there were still some great victories in there. These major wins included:

  • Funding for the Texas Emissions Reduction Program (TERP) for areas in non-attainment status of the federal Clean Air Act (CHB 1796)
  • A carbon dioxide registry to address the state’s contribution to global warming (CHB 1796)
  • A “green fee” bill allowing the governing board of public colleges and universities to institute an environmental service fee (once approved by student body election)
  • A bill to create municipal solar districts that would allow local governments to provide low-cost loans to consumers to install solar on roofs (HB 1937)
  • A “no regrets” strategy for greenhouse gas reduction in the state.  This bill will require the State Comptroller to examine the state’s energy use in order to find ways to reduce our emissions and save money at the same time (SB 184)
  • A green fleets bill to promote low emissions and plug-in hybrid vehicles for fleets of major state agencies (HB 432)

For the full text, all-green-groups wrap-up number, read the press release Texas Legislature Advances Clean Power and Green Jobs, but Loses Steam in Political Wranglings.

Check back with us tomorrow for more fun stories from 2009!

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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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AUSTIN – Saying that climate change must be considered when new coal plants and other facilities are approved, Public Citizen today sued the Texas Commission on Environmental Quality (TCEQ) in the Travis County District Court to require the commission to regulate global warming gases. This case seeks to extend to Texas law the precedent set by the U.S. Supreme Court in Massachusetts  v. EPA, which held that carbon dioxide is a pollutant under the federal Clean Air Act and that the U.S. Environmental Protection Agency (EPA) must regulate it.

“Texas leads the nation in the emissions of global warming gases. If we were a nation, we would rank seventh in emissions among the countries on earth,” said Tom “Smitty” Smith, director of Public Citizen’s Texas office. “The time has come for the TCEQ to take its head out of the sand and begin the process to regulate CO2 emissions from Texas sources. Because the agency will not do so on its own, we are seeking to have a Texas court order it to do so.”

In the past four years, 11 coal plants have applied for permits under the EPA’s New Source Review program, which requires companies to install modern pollution controls when building new plants or expanding existing facilities. If they were all to be built, they would add 77 million tons of CO2 to Texas’ already overheated air. Six permits already have been granted for plants that will produce CO2 emissions of 42 million tons per year. Another five are in the permitting stages, and they would add 35 million tons of CO2 per year.

The issue of global warming has been raised by opponents in permit hearings in all but one of the six power plant cases, but the TCEQ has said it would not consider global warming emissions in the permitting process. Beginning this month, hearings will begin on permits for the remaining five plants.

Texas law gave the TCEQ the authority to regulate climate change emissions in 1991. In May 2009, the Texas Legislature passed a series of laws that would give incentives for new power plants that capture carbon dioxide, allow the TCEQ to regulate the disposal of CO2 emissions, set up a voluntary emissions reduction registry and develop a “no-regrets” strategy for emissions reductions to recommend policies that will reduce global warming gases at no cost to the state and its industries.

Smith noted that the TCEQ is undermining even the inadequate mitigation strategies that several coal plant builders are proposing. The NU Coastal plant promised to offset 100 percent of its CO2 emissions, but the TCEQ refused to make that promise part of the permit. Tenaska is promising to separate 85 percent of the carbon it emits, but it is not in the draft permit from the TCEQ. The Hunton coal gasification plant will separate 90 percent of its CO2, but the TCEQ classified it as an “experimental technology” so it wouldn’t set a precedent for other coal plant applications. NRG is promising to offset 50 percent of its emissions.

“Without the TCEQ putting these limits in the permits, there will be no guarantee that the power plant builders will keep their promises,” Smith said.

“The TCEQ steadfastly refuses to allow any discussion or consideration of CO2 or climate change issues during permit proceedings,” said attorney Charles Irvine of Blackburn & Carter, who is representing Public Citizen in the case. “The State Office of Administrative Hearings administrative law judges have deferred to TCEQ’s position that CO2 is not a regulated pollutant and therefore not relevant during contested case hearings. As a result, all evidence and testimony submitted on these issues has been repeatedly stricken in multiple coal plant cases. We now ask the court for a declaratory judgment to force the agency to follow the broad mandates of the Texas Clean Air Act and recent Supreme Court decisions.”

In 2007, the U.S. Supreme Court in Massachusetts  v. EPA recognized that CO2 is an air pollutant within the definition in the federal Clean Air Act. Public Citizen contends that the Texas Clean Air Act’s definition of “air contaminant” similarly must include CO2. Specifically, the state law says that:

“ ‘Air contaminant’ means particulate matter, radioactive material, dust, fumes, gas, mist, smoke, vapor, or odor, including any combination of those items, produced by processes other than natural.” [Texas Health and Safety Code § 382.003(2)]

“So any gas created by non-natural processes – including CO2 generated by a power plant – under the plain language of the definition is an air contaminant,” Irvine said.

The lawsuit is can be read in full here.

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Public Citizen is a national, nonprofit consumer advocacy organization based in Washington, D.C., with an office in Austin, Texas. For more information, please visit .

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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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Well, the sun has just about gone down on the so-called “solar session”.  Today is Sine Die — the last day of the legislative session.  Friday night, HB 1243 — solar’s last lifeline — was killed on the House floor.

Earlier in the week, Rep. Warren Chisum called for a strict enforcement of the House rules on germaneness.  As you may recall, last week we were pretty excited around here that the solar and electric coop reform bills were tacked onto the net metering bill because they were related enough to be considered germane.

But they weren’t germane enough under STRICT enforcement of the rules, so the bill was killed.

I waited to break the news, because we still had a chance to amend SB 545  to the energy efficiency bill, SB 546… but that didn’t work out either.  The House and Senate authors of the bill (Anchia and Fraser) simply could not agree over the size and scope of the solar and efficiency goals, so the bill never made it out of conference.

Its all rather depressing.  Feel free to join my Tom Waits/ James McMurtry/ Leonard Cohen Pandora radio station and wallow in grief.  Leave a comment and I’ll send you an invitation.  But no need to worry about Citizen Sarah getting dangerously down in the dumps… I’ve left my Townes Van Zandt CDs in the car, and am headed out to the river tomorrow.  Will be back to my chipper self before too long.

Plus… the session wasn’t a total loss.  It just wasn’t all that we dared hope for.  As of right now, here’s a list of bills that passed both bodies and will go to the Governor:

  • 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

Even now there is still good legislation pending that could maybe possibly potentially pass… but I’m just not at a point where I can get my hopes up anymore.  Check in later this week for an update.

For you policy nerds out there, I’m willing to get further into the nitty gritty politics of how all this went down if you’re interested.  Leave a note in the comments and let us know what you’d like to hear.

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