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Posts Tagged ‘Texas’

Community and environmental organizations lodged a formal protest against the Louisiana Department of Natural Resources’s recent permit for a coal export terminal in the already polluted Plaquemines Parish corridor.

In a letter sent to LDNR Secretary Stephen Chustz, the organizations called for reconsideration of the coastal use permit granted this month, charging that the RAM coal  terminal would violate laws created to ensure that the state’s plan for coastal restoration plan is carried out.

The letter charged that “because LDNR did not adequately analyze alternative sites, LDNR cannot assess whether there are feasible and praticable alternative locations, methods and practices for use that are in compliance with the modified standard under the Coastal Use Permit regulations.”

The letter also argued that the RAM terminal conflicts with Louisiana’s Comprehensive Master Plan for coastal restoration. The terminal “will  severely impact wetlands and the $300 million Myrtle Grove with Dedicated Dredging Ecosystem Restoration Project…,” the letter said. (more…)

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This coming weekend is a busy one for folks concerned about a variety of issues around climate change and eminent domain focusing around the Texas leg of the Keystone XL and other tar sands pipelines.

Saturday, September 21, 2013 is a national day of action, some of the events happening in Texas:

  • San Antonio – 10am to noon
    San Pedro Springs Park, 1415 San Pedro Avenue, San Antonio, TX
    Part of the 350.org national “Draw the Line” day of action, with Energia Mia, Alamo Chapter of the Sierra Club, Esperanza Center, the People’s Power Coalition, 100 Thousand Poets for Change, Bexar County Green Party, Texas Indigenous Council, and others will gather at the park to voice opposition to tar sands. (Pinata burst at 11 am)
  • Houston
    1:00 pm – Corner of Post Oak Blvd, and Westheimer, in Houston, TX and
    2:00 pm – Hermann Park, at the Street Theater.
  • Dallas
    9:30 am – White Rock Lake (West Lawther between Fisher and Branchfield), Dallas, TX.  Lake spruce up activities
    7:00 pm to Sunset – a roadside rally and candlelight vigil
  • Austin – Rally at the Texas Capitol

Click here to find out more about these actions and to locate actions in other communities.

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Climate change will dramatically alter wildfire patterns in the western United States before the century ends, studies show.

According to a new study of future wildfire activity and smoke pollution “Ensemble projections of wildfire activity and carbonaceous aerosol concentrations over the western United States in the mid-21st century” published by Harvard University, researchers are predicting more smoke pollution — even in communities far from the forest’s edge — as more fires burn because of rising temperatures. Yosemite National Park’s Rim over the Labor Day weekend where iconic views disappeared behind a sudden influx of thick smoke the night of Aug. 30, causing the air quality to be deemed to be unhealthy for outdoor activities, is an omen for the West.

The area burned by wildfires is expected to double in some parts of the West by 2050 and the study found temperature was the primary driver for future wildfires, at least in the West’s near future.  Behind the new forest fire patterns is climate change. Higher average temperatures will result in more wildfires by 2050, especially in August, they found.

Overall, the typical four-month fire season will gain three weeks by 2050, the researchers report. And the probability of large fires could double or even triple. The findings were published in the October issue of the journal Atmospheric Environment.

While wildfires in Texas were not a part of this study, the state has already seen indications of both the devastation, the increased number and intensity of these types of fires.

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SAN ANTONIO – The newly formed Re-Energize San Antonio Coalition called on CPS Energy to meet a set of conditions before following through with an October rate hike.

Describing the hike as an increase that will “unfairly burden residential taxpayers,” coalition members called on CPS to take steps to reduce pollution, waste and costs for consumers.

The coalition presented its demands in a petition handed off to the utility during the Monday, Sept. 9 CPS Rate Case Input Session held at the TriPoint Grantham Center.

“We oppose the rate hike because it promotes unsustainable growth, driven by dirty energy, on the shoulders of the poor and working class folks who already pay the most for energy costs relative to income and quality of housing stock,” said Dr. Marisol Cortez, scholar-in-residence at the Esperanza Peace & Justice Center.
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The newly formed Re-Energize San Antonio Coalition put its opposition to CPS’s proposed rate hike on the record during a Sept. 9 citizen’s input meeting. Coalition representatives presented the utility with a plan of action that they want addressed before an increase goes into effect. Here’s the petition.

PETITION FOR CPS ACTIONS PRIOR TO PROPOSED RATE INCREASE

Submitted to CPS Energy during the CPS Rate Case Input Session, Monday, Sept. 9, 2013.
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Austin Affordability Summit
Saturday, Sept. 7, 2013, 1pm-4pm
St. David’s Episcopal Church, 301 E. 8th
 
Hosted By:  Liveable City, HousingWorks, Public Citizen Texas, Sustainable Food Center, Austin Creative Alliance
To Register – Email your name and telephone to: info@liveablecity.org 

Scott Bernstein

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This article written by Tom “Smitty” Smith, director of Public Citizen’s Texas office, appeared on the editorial page of the San Antonio Express-News on Sept. 2

The newest report from the Intergovernmental Panel on Climate Change, leaked to media earlier this week, is frightening and conclusive.

The panel of several hundred scientists, which won the 2007 Nobel Peace Prize, says the odds are at least 95 percent that humans are the principal cause of climate change. The panel predicts an increase of 5 degrees Fahrenheit by the end of the century and warns that a rise of that magnitude would cause “extreme heat waves, difficulty growing food and massive changes in plant and animal life, probably including   a wave of extinction,” according to the New York Times.

Yet U.S. Rep. Lamar Smith (R-Texas), chair of the Committee on Science and Technology, claims the science is uncertain about how much of the warming is caused by humans.
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Armstrong Energy is facing challenges from the market that may threaten the viability and profitability of its proposed coal export terminal in Louisiana, a new Public Citizen report (Armstrong Coal final report) finds. A failed company and abandoned export terminal would create significant costs for Plaquemines Parish.

In the report, “RAMming It Down Our Throats: Armstrong Energy Could Leave Louisiana Taxpayers Holding the Bag on Its Proposed RAM Terminal,” Public Citizen looked at Armstrong Energy’s financial condition and the effect of market conditions on the coal export company.

“Armstrong Energy is in hot water,” said Hillary Corgey, researcher for Public Citizen and the report’s author. “Between rising debt, market conditions unfavorable to coal, and climate change, the RAM Terminal may have a good chance of sinking, both in terms of its hurricane-prone location and the viability of the company.”

The RAM Terminal is to be built near the 150-year old community of Ironton in Plaquemines Parish, La., 30 miles south of New Orleans. The terminal is to be fully operational within two years of construction and ship 10 million tons of coal. Two hearings on August 14 and 15 attracted more than 100 residents who oppose the terminal’s latest push for permits.
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Today the Dallas County Medical Society filed a petition with the Texas Commission on Environmental Quality asking the agency to adopt rules to reduce the pollution from three old coal-fired power plants that contribute disproportionately to high ozone levels in Dallas-Fort Worth and East Texas.

“Evidence is overwhelming that our high ozone levels are causing increasing numbers of area children to develop asthma, and are contributing to the many asthma attacks, chronic lung disease exacerbations, and heart attacks we see every day in our emergency rooms, clinics and hospitals,” said Robert Haley, MD, a Dallas internist and epidemiologist. “A large body of medical research shows that more people of all ages develop respiratory illnesses and die prematurely in cities with high ozone levels, and we have among the highest ozone levels in the country.”

To address this issue, DCMS and the Texas Medical Association sponsored a study by Daniel Cohan, PhD, an environmental engineering scientist at Rice University, to review all the scientific information about ozone pollution in North Texas and identify ways to reduce ozone levels without compromising the state’s energy grid or jobs. Click here for study. 2013 white paper august 1 2013

“The Cohan Report identified these three very old coal-fired power plants south and east of Dallas, built in the 1970s, that have never been required to meet current emission limits and which contribute disproportionately to ozone levels in the Dallas-Fort Worth area,” according to Cynthia Sherry, MD, DCMS president. “With the impending bankruptcy of the plants’ owner, Energy Future Holdings, the plants likely will change hands.” The petition asks that the TCEQ require these plants to meet the same low emission levels for ozone-forming gasses that are required of the company’s two newer lignite-fired power plants. “This is the time to require that the plants lower their emissions to protect the health of North Texans,” Dr. Sherry said.

The three power plants are Big Brown near Fairfield, Martin Lake near Longview, and Monticello near Mount Pleasant.

“Because of their age, these three plants emit large amounts of pollution for a relatively small amount of electricity produced,” said   Cohan, the report’s author. “Today’s technologies offer economically more attractive alternatives that would be far less polluting.”

According to the report, a combination of natural gas, geothermal, coastal wind, and solar production could replace the energy production capacity — and the East Texas jobs — of the three old coal plants at equivalent prices to Texas ratepayers. East Texas, where the three coal plants operate, has uniquely amenable geologic characteristics that make geothermal power generation unusually attractive.

Energy Future Holdings, an investment group that purchased the power plants from TXU, is facing bankruptcy because the drop in energy prices from the boom in natural gas production has reduced the profitability of coal. It also faces new requirements to control mercury emissions, and the Environmental Protection Agency is formulating additional requirements for controls on CO2 emissions.

“The financial press is predicting bankruptcy or restructuring of Energy Future Holdings,” according to Tom “Smitty” Smith of Public Citizen’s Texas office.  “The petition by the physicians and environmental groups will put the company or new owners on notice that they can’t keep running these old, polluting plants without investing in new pollution controls. Concerned citizens can add their names to the petition by visiting PETITION WEB SITE.”

The petition can be found at http://www.ipetitions.com/petition/tceq-please-clean-up-northeast-texas/

To comment on the petition, go to  http://www10.tceq.state.tx.us/epic/efilings/ . To submit comments, use Docket No. 2013-1612-RUL, which was assigned to this Petition for Rulemaking (Dallas County Medical Society Petition: EPA-Compliant Pollution Control on Old Coal Plants).

The scientific report can be found at www.dallas-cms.org/news/coalplants.pdf.

“Bad air day: Report details power plant dangers,” Texas Medicine, June 2013, pp. 45-49, accessed at: http://www.texmed.org/Template.aspx?id=23977

 

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Update:

Salem Nuclear Reactor Unit 1 resumed operations Saturday after crews repaired a leak in the containment building that was discovered two days earlier.  The plant operator says about 4,800 gallons of radioactive water leaked out, and the water went through the plant’s drain system as designed. The entire system holds 90,000 gallons.

This was a quick fix compared to STP’s recent outages.  One from November 29, 2011 to April 24, 2012 and one from January 8, 2013 to April 22, 2013.  When outages last this long, it can have an affect on consumers pocketbooks.  These two outages cost just the City of Austin, TX, which owns a 16% portion of the nuclear plant, $27 million in replacement power costs, which the utility just passed along to consumers in the fuel charges.  That averaged out to $64 per customer since November 2011.

Could the cost to consumers of replacing old and deteriorating parts that have the plants down for long periods have been the deciding factor in retiring the San Onofre plant in California permanently.  What will be the fate of the aging nuclear plants across the country.
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Residents and environmental activists in Plaquemines Parish, LA, filled the community center auditorium during Wednesday night’s permit hearing for the RAM coal export terminal proposed for the Lower Mississippi River just outside New Orleans.

Local residents turn up to a hearing on a proposed coal export terminal in Belle Chase, Louisiana.  120 strong compared to 12 the previous year.

Local residents turn up to a hearing on a proposed coal export terminal in Belle Chase, Louisiana. 120 strong compared to 12 the previous year.

Plaquemines Parish, a long strip of wetlands and small communities banked by the Mississippi, is already home to much industrial activity, including two coal export terminals, where coal sits in immense uncovered piles. Speakers at the hearing urged Louisiana’s Department of Natural Resources (DNR) to deny a coastal use permit for a third coal export terminal for various reasons.

Speakers said the RAM terminal that Missouri-based Armstrong Energy has proposed would add to the coal-dust pollution that already burdens nearby communities, as well as bring train traffic to the area. They said the terminal would undermine state efforts to restore disappearing wetlands by employing the Myrtle Grove Sediment Diversion, a project, still in planning stages, to deposit river sediment in the wetlands.

They said coal exported through the terminal would contribute to climate change, pointing out that low-lying Plaquemines Parish and the entire New Orleans area are particularly vulnerable to the extreme weather and rising sea levels that global warming and climate disruption brings. They also pointed out that the community would be buying into a shaky financial proposition by allowing the coal terminal to be built, since Armstrong Energy is amid deep economic problems.

In response to pressure from Plaquemines residents, officials scheduled a second permit hearing for Thursday at 6 pm in Belle Chasse, Louisiana.

“I am definitely in opposition to this terminal,” said Plaquemines Parish Councilman Burghart Turner, who represents Ironton and Myrtle Grove, communities adjacent to the location proposed for the RAM terminal. “With the IMT (International Marine Terminals coal facility) already just south of the community of Ironton, and with this additional coal facility north of Ironton, we would be choking out that community,” he said, referring to the pollution from coal dust and other industrial sources that burden the area.

“The folks in the Pacific Northwest have already said ‘no’ to these types of coal terminals, because they know the problems they present,” said Devin Martin, an organizer for the Sierra Club who lives nearby in New Orleans. “The coal companies are looking to the Gulf of Mexico because they believe we’ll be an easy target. They believe our political leaders won’t stand up – that they’ll be happy to have a dirty industry in their neighborhood, that communities don’t have the kind of voice to stand up to these kinds of projects. But communities in the area are already overburdened with pollution from coal dust and other industrial activity, and they have spoken up repeatedly that they don’t want any development if they can’t be assured it won’t degrade the air, water and quality of life.”

During the hearing, Martin also presented 600 petitions gathered from Louisiana residents, pointing out that opposition to the RAM terminal is present throughout state.

“The financials for Armstrong Coal, the parent company for the RAM terminal, are extremely shaky,” said Hillary Corgey, a researcher for Public Citizen Texas. According to the company’s prospectus, she said, “Their debt increased from 2010 to 2011 from $139.8 million to $244.8 million, and their revenue plummeted from 2009 to 2011 from $10.4 million to $3.4 million. Armstrong’s bond rating is considered a junk bond. That is from both Moody’s and Standard & Poor’s.”

In a joint letter submitted to the DNR during the hearing, state and national environmental groups urged the agency to deny the coastal use permit sought by Armstrong because the RAM terminal is in conflict with a state and federal program to build vital wetlands by depositing sediment from the Mississippi River.

The letter noted that the RAM Terminal could undermine the success of the Myrtle Grove Sediment Diversion by “polluting the water going into the wetlands” with coal and petcoke; both contain heavy metals, sulfides, and other toxic constituents that would harm aquatic species and impede the ability of marsh plants to take root in the newly restored wetlands.

The letter was signed by representatives from Louisiana Environmental Action Network (LEAN), Gulf Restoration Network, Lower Mississippi Riverkeeper, Sierra Club and Public Citizen.

“Our position is that DNR must deny this permit, as it’s inconsistent with the state’s master plan for coastal restoration,” said Scott Eustis, a coastal wetlands specialist for the Gulf Restoration Network.

“The Myrtle Grove Sediment Diversion is a $300 million project, the state’s premier coastal restoration project. There have been years of planning and engineering and there will be at least five to 10 more years of planning. DNR cannot permit a ship terminal in the location where the engineer for the sediment diversion says a barge is inconsistent. DNR has a chance to stand up for coastal restoration. We think that they must.”

Under Louisiana state law, the Coastal Protection and Restoration Authority (CPRA) must find that the RAM terminal is consistent with the state’s coastal management plan before the DNR approves construction of the facility. The CPRA, which expressed concerns about the terminal’s impact on coastal management in 2012, has not yet altered that opinion to find the terminal consistent.

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Double Standards in Texas Water Law

Under Texas Water Code, there is a double standard between groundwater and surface water. Groundwater is generally the property of the landowner as long as it is on private property, while surface water is property of the state.

The Water Code Section 35.002 defines groundwater as “water percolating below the surface of the earth.” But it does not clearly define “percolating.” Other forms of groundwater sources include “underground rivers” (aka subterranean streams) and “underflow,” both of which are excluded from the definition of groundwater in Section 52.001 of the Water Code. Section 35.003 states, “Surface water laws are not applicable. The laws and administrative rules relating to the use of surface water do not apply to groundwater.”

Andrew Sansom, Director of the River Systems Institute at Texas State University, has emphasized that we are currently given permission by the state to withdraw more water from our rivers and lakes than the amount that is actually in them. And as surface water levels decline in the midst of the drought, Texas becomes more dependent upon groundwater sources. Again it sheds light on the double standard, as the state treats surface and groundwater as two completely different substances. Much of it is rooted in the water rights system. This starts with the “rule of capture,” which allows individual landowners to pump as much water as they wish from the underlying aquifer, without liability for injury to an adjacent landowner caused by excessive pumping.

Rule of captureWater use is a zero-sum game; one landowner benefits at the other’s detriment. Since the Water Code’s definition of groundwater only stipulates “percolation,” it essentially says that if you pump it, you own it. Texas courts presume that that all groundwater is “percolating” and property of the landowner until it is conclusively shown to be a subterranean river or underflow.  This was settled by the Texas Supreme Court case Houston & T.C. Ry v. East in 1904.

The rule of capture also sheds light on the political imbalance between private property rights and the public interest of protecting groundwater as a natural resource and public utility. If groundwater were universally owned by the state, just as surface water is, any state intervention onto landowner property regarding groundwater use should not be viewed as an intrusion of private property rights.

A similar principle applies to private land in regards to wildlife. A game warden or any Texas Parks & Wildlife official does not need a search warrant from a judge to search one’s land; this is because the wildlife is property of the state agency, which also issues hunting and fishing licenses, sets the dates for hunting seasons, and cracks down on poaching.Groundwater district officials could follow the same guidelines as TPWD officials; groundwater is to them as wildlife is to TPWD. One is not entitled to kill as many deer as he wishes in the name of private property rights; the same principle should be applied to pumping groundwater on private property.

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Today, I had the privilege of addressing citizens in San Antonio, Texas that attended the Organizing for Action Climate Change Event at Congressman Lamar Smith’s office.  Here is a transcript of my speech:

“Congressman Lamar Smith, who chairs the House Committee on Science, has recently said he didn’t want to act on climate change because of ‘uncertainties on how much human activity is causing climate change’  He should hold hearings in Texas to hear from scientists and citizens about how the ‘uncertain climate’ is effecting his home state.

There is no longer any uncertainty over climate change. Ninety-seven percent of the credentialed scientists who have studied this issue recognize the clear linear relationship between increased carbon emissions and human activity

A blanket of carbon dioxide keeps our earth warm enough to live on, but when that blanket is thickened by carbon emitted by our power plants, factories, cars and trucks, the earth overheats, resulting in increased uncertainty for Texans due to more severe droughts, heat waves, wildfires, tornados and hurricanes.

The ‘uncertainty’ now centers on how much or how fast the climate will change.  No responsible scientist is saying we shouldn’t act now to reduce carbon.

Changing our energy sources is the fastest and cheapest way to do that. Two public utilities in the Congressman’s district, CPS and Austin Energy, are leading the nation in renewable energy and energy-efficiency programs that work, reduce carbon and costs.

Also, Congressman Smith should stop promoting the Keystone Pipeline and acknowledge that emissions from mining, refining and using this tar like substance are far more damaging than conventional crude, and will affect central Texans.

We ask Congressman Smith to hold hearings in Austin and San Antonio, away from the oil and coal company lobbyists of Washington, D.C., so his constituents and local scientists can tell him how climate change is creating uncertainty in their lives and livelihood.

As Congressman Smith’s fellow Republicans expressed in the New York Times Opinion Pages on August 1st, 2013, ‘The only uncertainty about our warming world is how bad the changes will get, and how soon.  What is most clear is that there is no time to waste.  Mr. Obama’s plan is just a start. More will be required. But we must continue our efforts to reduce the climate-altering pollutants that threaten our planet.'”

Unfortunately, similar speeches were having to be given at over 100 U.S. Represenatives and Senators offices today. Politians that are climate change deniers are out of the mainstream of both American thought and scientific fact. After the speeches were given, we presented Congressman Smith with a “Climate Change Denier Award.” This is one award that Rep. Smith, as well as the many others that recieved it, should not be proud of.

 

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In a report by TruthOut, Mike Ludwig tells how federal regulators have failed to enforce pipeline safety despite spills and deadly accidents.  Each year more than 250 significant pipeline accidents cause explosions, pollution, property damage, injury and death across the country.  Since 2006, 96 people have been killed, yet no one seems to be there to protect the interests of the public.   Click here to read this report.

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Business leaders, environmentalists and low income advocates are behind a push to get Austin to increase its solar energy goal to 400 megawatts by 2020 and expand solar programs to meet that goal.

A diverse group of community leaders appointed to the Local Solar Advisory Committee (LSAC) by City Council examined solar opportunities in Austin and unanimously recommended that we double our 2020 solar goal, creating an estimated $300 million in net economic benefits and staying well within our current affordability goals.

“The Austin Energy leadership is saying we can’t afford to do this now,” says Tom “Smitty” Smith, director of Public Citizen’s Texas office.  “But they are only looking at replacement power costs.  The value of solar is far more than replacing wholesale power.  It increases revenue for the city from off system sales of peak power we won’t need at home. Expanding solar goals will mean reduced costs for peak power, fuel, hedging, insurance, maintenance and transmission, as well as reduced water use and pollution.  The LSAC looked at all of those factors and that’s why the business, solar and environmental community all agreed that we should expand our goals now.”

2013-08-06 400MW Solar is 5.2-6 Percent of Austin Energy Demand by 2020 (sun pie graph)The LSAC report shows that expanding the solar goal to 400 MW by 2020 – which would meet 5.2-6% of Austin Energy’s electric demand – would be affordable.  Current affordability limits are set at 2% of anticipated utility revenue and the solar program would never go beyond 0.31% – likely less, according to the LSAC report and would reduce costs by 2020.  The affordable nature of the plan is what got low income advocates to support it.

Susan McDowell, executive director at Lifeworks supports the expansion of Austin’s solar goals.  “Keeping up with rising electric bills is a struggle for many working families, especially in the summer.  Solar is cheaper over the long run and can ease that pressure.  We need more solar programs geared toward working families, including those who rent.”

Instead of embracing the recommendations, Austin Energy has proposed a 42% cut to its solar rebate program for fiscal year 2014, from $7.3 million to $4.2 million.  Supporters of the LSAC recommendations are asking City Council to move in the opposite direction and expand the solar budget to $10 million dollars.

We need a solar budget large enough to meet demand. This year, Austin Energy reduced the solar rebate to avoid running out of money before the year was over.  Solar is becoming more popular and we should take advantage of that.

While the LSAC did envision an eventual reduction and end to solar rebates, the Committee recommended investing more now to establish the industry in Austin and take advantage of a 30% federal tax credit for solar installations.

“Low solar prices, coupled with the 30% federal tax credit, give us the opportunity to get more solar installed for each dollar spent than ever before,” says BJ Stanbery, CEO of Heliovolt.  “And unlike most of the other energy sources we rely on, our investment in solar feeds into our local economy.  The time to establish the Austin solar business cluster is now because the 2016 federal ITC reduction from 30% to 10% is setting the timeline for industry maturation.”

The solar industry has already created hundreds of jobs in Austin, many of them in installation.  Solar installation companies are small, locally owned business and the jobs they create can’t be outsourced.

Carey Ibrahimbegovic, president and CEO of Greenbelt solar says, “We’re working hard to bring solar to as many families and business as we can and we’re creating good local jobs as we do that.  Austin area solar companies already employ over 600 people and meeting a 400 MW solar goal will create an estimated 420 new local direct and induced jobs each year from 2013 to 2020, with an average increase in local annual payroll of over $10 million.”

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