Category Archives: Legislation

Texas Picks Up The Clean Energy PACE

This commentary originally appeared on EDF's Energy Exchange blog.

Chairman John Carona’s Property Assessed Clean Energy (PACE) bill, Senate Bill 385 (SB 385), which was sponsored by Chairman Jim Keffer in the House, is headed to the Texas Governor’s desk!  Building upon successful legislation passed in 2009 to authorize “PACE districts” in Texas, SB 385 clears some of the hurdles that prevent commercial and industrial properties from taking advantage of new financing for water and energy conservation efforts.

PACE is an innovative, market-based approach that helps alleviate the steep, upfront costs property that owners generally incur for water and energy improvements by using loans that are seamlessly repaid through an additional charge on their property tax bills.  The loan is then attached to the property, rather than the owner, and can be transferred if the property is sold.  PACE loans can be issued by city or county financing districts or financial institutions, such as banks.  Property owners who participate will start saving money on their utility bills each month as a result of water conservation, energy efficiency and/or renewable energy improvements, while repaying the loan annually when they file their taxes.  In other words, they will see net gains despite increased property taxes.  The program is entirely voluntary.

In 2009, Governor Perry signed House Bill 1937 (HB 1937) by Mike Villarreal, which established PACE districts in Texas for the first time.  Although cities and counties across the state began the process of setting up PACE districts, the entire process was derailed when the Federal Housing Finance Agency (FHFA) created an obstacle for residential PACE programs.  FHFA expressed concerns about the senior lien—that is, if a homeowner with a PACE loan defaults, the repayment of the PACE obligation would take priority over settling the mortgage.  There were also some structural concerns which would have “required the Texas legislature to amend or replace the existing statute.”  This new bill, SB 385, addresses the structural problems and applies to commercial and industrial (rather than residential) property owners, thus removing the senior lien concern from the equation. Read More »

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Don’t Be Fooled By Recent Lows: The Texas Energy Crunch Is Still A Big Issue

This commentary originally appeared on EDF's Energy Exchange blog.

This past month, we experienced refreshing, cool and somewhat wet weather in Texas.  However, those working on energy issues know all too well that this weather change doesn't mean we have escaped the worst of the “energy crunch.”  As the farmers say: “If you don’t like the weather in Texas, wait ten minutes and it will change.”  Despite cooler temperatures, an unplanned power plant outage during a warm day late last month forced the Electric Reliability Council of Texas (ERCOT) to issue an advisory, demonstrating just how quickly things can change.

At the same time, recent ERCOT reports indicate that reserves will be tight this summer due to an anticipated record level of high energy demand and stunted growth in new electricity resources – thus making conservation notices likely and rolling outages probable.  All of this points to the important role conservation programs, like demand response, can play for ERCOT.  Some ERCOT staff and stakeholders have recognized the importance of demand response, which allow customers to voluntarily reduce electricity use in response to a signal from utilities.  Others have called explicitly for programs that pay customers for reducing energy the same way generators are paid for producing energy, an approach EDF has advocated for several years.

ERCOT and a few retail electric providers already have conservation programs, albeit limited, in pilot phases that compensate customers for their participation.  But in comparison to other regions, Texas lags far behind other states – despite having the highest potential for conservation and clean energy resources in the U.S.  That’s why the three remaining weeks of the legislative session are so important: two critical pieces of legislation that would open up demand response in Texas to meet our electricity reliability goals and drive further market competition are under review.

Senate Bill (SB) 1351 from Senate Business & Commerce Chairman John Carona would require ERCOT to allow customers to participate in all competitive energy markets; the bill passed the Senate earlier this week and is now on its way to the House of Representatives.  SB 1351 is an excellent piece of legislation to propel demand response in Texas, but alone it is not enough to ensure Texas can keep the lights on during the hottest summer days.  A separate bill from Senator Kirk Watson, Senate Bill (SB) 1280, would accomplish just that by requiring ERCOT to secure enough demand response to meet its reliability needs if existing resources fall short; the bill passed unanimously out of the Senate Business & Commerce committee.

These bills will make all the difference this summer and for many summers to come.  The Texas Legislature has the opportunity to ensure that ERCOT and the Public Utility Commission (PUC) have all the necessary tools to avoid rolling blackouts over the next several years as we wait for new energy resources to come online. Read More »

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The West, Texas Tragedy Could And Should Have Been Prevented

I recently spoke at "A Conversation About the Environment," hosted by the Texas Tribune, with fellow speakers Bryan Shaw, chairman of the Texas Commission on Environmental Quality (TCEQ), Texas’ environmental protection agency; Laura Huffman, State Director of the Nature Conservancy of Texas; and Kate Galbraith, Texas Tribune’s leading energy reporter.  At the event, Kate kicked off the discussion with a quote from my colleague Elena Craft’s blog post regarding the West, Texas fertilizer explosion.  I made note of an important fact from Elena’s post that Texas leads the nation in total fatal industrial accidents, with over 400 deaths in 2011.  For comparison, California came in second (and has a population larger than Texas), with 260 total deaths.

Soon after, PolitiFact Texas reached out to me to inspect my claim.  While my statement that Texas leads the nation in industrial accidents is accurate, they questioned why I did not qualify the statistics of deaths caused by industrial accidents on a per-worker basis. One reason that I chose not to use a per-worker comparison is that even though the rates compare per 100,000 people, there can be a significant difference in variability in the rates between high population states like Texas and low population states like New Hampshire or West Virginia. That is because there is an order of magnitude difference in the workforce population between Texas and these smaller population states. One would need to characterize that variability over multiple years to determine whether variability had a significant impact on the rate. The point of my comment during the Texas Tribune event was to highlight the fact that far too many workers die unnecessarily in Texas every year in workplace accidents that can and should be prevented.

Furthermore, people are not statistics. Fifteen people lost their lives in the West tragedy, many of them first responders who entered the facility without having knowledge of the true risks or that they would lose their lives that day. Joseph Stalin infamously remarked that, “A single death is a tragedy; a million deaths is a statistic.” The individuals that lost their lives in the West explosion deserve better than to be called a statistic.  People don't die or hold funerals on a per-worker basis.

The tragedy in West, Texas could and should have been prevented. Texas public officials have cut funding to key agencies responsible for ensuring strong public health and safety protections. And right now, several bills are working their way through the legislature to further weaken public health protections, even as tragedies like the explosion in West continue to occur. This is the reason that our team at Environmental Defense Fund is committed to advocating for strict oversight of environmental compliance in Texas.

Texas can and should be a safer place to work. One preventable death is one too many.

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The Law Of Common Sense

Over the last week, media outlets around the country have highlighted lack of regulation and enforcement as contributing to the tragedy in West, where 15 people lost their lives, many of them first responders.

State officials have commented many times that there is adequate state oversight under the existing laws. And yesterday, eight state agencies testified about the tragedy at a special hearing held by the Texas House Committee on Homeland Security and Public Safety. As you might imagine, the overall tone of the speakers was defensive, and ultimately, none of the state agencies testified that they would have done anything differently because they were all doing their jobs.

What about the laws of common sense?

The attitudes presented yesterday are frustrating and disappointing for communities.  Texas is a great state and we can do better. We can start by taking a critical look at some of the bills working their way through the legislature right now designed to weaken public health protections. Consider the following bills that are in various stages of the legislative process:

  • House Bill (HB) 824 (Calligari) – Spill Reporting
    HB 824 aims to create a volume-based exemption for reporting accidental spills and discharges from wastewater facilities. Unfortunately, this one cleared the House Natural Resource Committee and is on its way to House Calendars.
  • Senate Bill (SB) 957 (Fraser) and HB 2082 (Ritter) – Contested Case Hearings
    These two bills would dramatically alter the way the Texas Commission on Environmental Quality (TCEQ) handles certain permits and the judicial and administrative review process. The bills would shift the burden of proof on permits to the public, limit public input, and restrict evidentiary hearings.
  • HB 1496 (Van Taylor) – Hydraulic Fracturing
    HB 1496 would restrict a municipality’s ability to impose restrictions on hydraulic fracturing to protect public safety by adding any interest in an oil or natural gas well to the definition of private real property.

More information on current bills under consideration can be found here.

At the hearing, Progress Texas PAC Director Glenn Smith made comments that should make us all take notice:

Even this preliminary inquiry shows how dangerously wrong Rick Perry was when he said we had adequate regulations. State Chemists says security requirements are fence and door locks. The insurance commissioner says there is no requirement that the plant be insured, and that West Fertilizer's insurance was woefully inadequate to the risk. The TCEQ testified that the plant operated without a permit from 2004 to 2006, and that was only caught because someone filed an odor complaint in 2006.” Read More »

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West Explosion: Not Enough Protections Or Not Enough Oversight?

Source: www.thenation.com

There’s been a lot of debate following the West tragedy as to whether a lack of safety protections, lack of coordination and oversight among enforcement agencies, or some combination of both contributed to a system wide failure and 14 deaths with hundreds injured. As we have mentioned before, Texas leads the nation in total fatal occupational injuries, with more than 400 deaths in 2011. And while not every accident can be prevented, it does seem that Texas gets more than its fair share.

In recent reports, some state officials have indicated that the state’s level of oversight for facilities like the one in West is adequate. It is difficult to understand how one could make such bold statements when the cause of the explosion has yet to be determined. Furthermore, some legislators have recommended this legislative session that state environmental laws be weakened. This is in addition to recent budget cuts at the state environmental agency; the Texas Commission on Environmental Quality’s (TCEQ) budget was recently cut by $305 million, which reduced the agency by 235 full-time employees. Perhaps what some of our officials really mean is that it is not a lack of oversight, but rather a lack of due diligence in enforcing the laws already on the books, laws designed to protect citizens from events like this one.

The Governor of Texas was quoted recently claiming that the state upholds the standards set by the Environmental Protection Agency (EPA). But frankly that is not quite true. Acting alone, Texas recently refused to abide by laws on permitting regulations for greenhouse gas emissions.  In fact, the state sent an aggressive letter to EPA stating that “On behalf of the state of Texas, we write to inform you that Texas has neither the authority nor the intention of interpreting, ignoring, or amending its laws in order to compel the permitting of greenhouse gas emissions.”  EPA actually had to devise a federal implementation plan for greenhouse gas emissions, so that any new facilities built in the state of Texas could in fact work with a legal permit. Currently, facilities that need a greenhouse gas permit must apply to EPA rather than to TCEQ, even though it is Texas’ responsibility. Read More »

Also posted in Air Pollution, Environment, Environmental Protection Agency, TCEQ | 1 Response

ALEC & Heartland: Freedom Fighters?

This commentary was originally posted on the EDF Energy Exchange blog.

As we approach a new Congress, and a new Legislative Session here in Texas, the Heartland Institute and their pal American Legislative Exchange Council (ALEC) are gearing up to reverse state renewable energy mandates across the country.

This comes as no surprise as ALEC has a reputation for supporting unpopular agendas, like voter ID laws and the controversial Stand-Your-Ground law. So while many Americans from differing political affiliations support an increase in renewables – a nearly unanimous 92% of voters, including 84% of Republicans – it seems fitting that ALEC would be on the opposing side.

While the American Wind Energy Association (AWEA) and the Solar Energy Industry Association (SEIA) are both members of ALEC, I wonder if they will join the ranks of Proctor & Gamble, Coca-Cola, Kraft Foods and a whole host of companies who have since parted ways with the “shadowy right-wing front group.”

And it’s not just ALEC that runs off its members. As we wrote back in April, GM announced they were pulling their funding from the Heartland Institute, citing Heartland’s climate change denial. Of course, weeks later Heartland doubled down on their denial with a series of billboards comparing climate change admitters to the likes of Ted Kaczynski, Charles Manson and Osama bin Laden.

So this ALEC-Heartland partnership is truly a match made in…well…

Adding to ALEC’s list of anti-environmental goals – including promoting legislation to kill climate policies and providing the framework for legislation that would prevent the Environmental Protection Agency from regulating toxic coal ash – it now has its sights set on the 29 states that have renewable portfolio standards (RPS) and mandates in place.

And in typical Orwellian fashion this fight is dubbed the “Electricity Freedom Act,” as they deem state standards requiring utilities to get a portion of their electricity from renewable power “essentially a tax on consumers of electricity.” James Taylor, the Heartland Institute’s senior fellow for environmental policy, said he was able to persuade most of ALEC’s state legislators and corporate members to push for a repeal of laws requiring more solar and wind power use on the basis of economics, claiming that, “renewable power mandates are very costly to consumers throughout the 50 states, and that alternative energy, renewable energy, is more expensive than conventional energy.”

But whose freedom are they really protecting and whose freedom are they hindering?

Freedom to Save Money

In Texas, which passed its RPS in 1999 as Senate Bill 7, and whose renewable goal was met within the decade (six years earlier than targeted), renewable generation has reduced wholesale and retail energy prices during some periods and been instrumental in moderating price increases during periods in which the cost of natural gas was increasing. Furthermore, as the states own Public Utility Commission (PUC) clearly outlines in its Report to the 81st Texas Legislature entitled Scope of Competition in Electric Markets in Texas, prices are lower Electric Reliability Council of Texas (ERCOT)-wide when there are large amounts of wind energy being produced, and for each additional 1,000 megawatt (MW) of wind that was produced, the analysis showed that the clearing price in the balancing energy market fell by $2.38.”

In Michigan, the Public Service Commission has concluded that its current RPS law – 10% by 2015 – is saving money for energy customers. The Commission determined that new coal plants would cost ratepayers about 13.3 cents per kilowatt hour. But the new renewable plants under contract were coming in at about 9.1 cents per kilowatt hour.  Same for California where their PUC has concluded, based on the current 2011 RPS Solicitation, costs are decreasing, making renewable energy more competitive with fossil fuels. Xcel, the largest utility in Colorado, says that the state’s renewable energy standard will ultimately save their consumers as much as $100 million over 25 years.

Furthermore, there are many factors that influence electricity rates. In an analysis of utility rates, economists Ernst Berndt, Roy Epstein, and Michael Doane identified 13 reasons why a utility’s rates may be higher or lower than the average. They include things like the average use per customer, age of the distribution system, generation resource mix, local taxes and rate of increases prior to any implemented RPS, so faulting renewables for high energy prices is a bogus claim. According to Richard Caperton’s analysis at the Center for American Progress, there is no data showing a nationwide pattern of renewable energy standards leading to rate increases for consumers. Instead, the data show that these standards do not cause electricity rates to go up faster than they otherwise would have, and that the standards are not responsible for electricity rates increasing faster than average.

When the Texas PUC voted in October to raise the wholesale electric price cap to $9,000 to encourage new fossil fuel plants, which would certainly raise costs for consumers, ALEC and Heartland weren’t rushing to “free” Texas electric customers from higher costs. There was not even a comprehensive analysis of consumer impact done before that vote and the estimates of those costs have varied – from $4-$5 per household to an increase amounting to $48 to $50 per month for an ordinary Texas household.

Freedom to Make Money

Another benefit to consumers is the fact that distributed renewable generation is the only type of generation for which consumers can be directly compensated. So not only are their bills lower, they are receiving payments – as is the case in California, where the California PUC made “feed-in tariffs” available for the purchase of up to 480 MW of renewable generating capacity from small facilities (1.5 MW or less) throughout the state.   These feed-in tariffs present a simple mechanism for small renewable generators to sell power to the utility at predefined terms and conditions, without contract negotiations.  Additionally, customers can get a return for the rooftop energy they produce but do not use, called a Net Surplus Compensation (NSC) rate.

In New Jersey, when a renewable energy system produces more electricity than the customer actually uses, the customer will be compensated with credits at the full retail value of the electricity for the production over and above what they use.

For states that don’t have explicit net metering requirements, renewable standards and mandates should be stronger, not weaker. Renewables are good for energy consumers. But it’s clear that as they help lower electricity prices, they aren’t so good for traditional fossil fuel generators who would prefer to make as much money as possible.

Speaking of Money

It is no surprise, then, that these same fossil fuel interests are the ones who fund Heartland and ALEC. Peabody Energy, the largest private-sector coal company in the world, was the 2011 winner of ALEC's Private Sector Member of the Year Award, and served as a "Chairman" level sponsor of the 2011 ALEC Annual Conference, which in 2010, equated to $50,000. ALEC also has received $1,474,200 from ExxonMobil since 1998. The foundations controlled by the billionaire Koch brothers gave ALEC over $200,000 in 2009 in addition to the undisclosed membership dues paid by Koch Industries. Not to be left out, Heartland gets love from the Koch brothers too. In its 2012 Fundraising Plan, Heartland received $25,000 from the Koch Foundation in 2011 and a projected $200,000 for 2012! It also received $25,000 from the US Chamber of Commerce, and $2,500 from Marathon Petroleum.  Listed "sponsors" for the Heartland Institute's 2009 "International Conference on Climate Change" amounted to $47 million from energy companies and right-wing foundations, with 78% of that total coming from the Scaife Family of foundations.

And let’s not forget that when it comes to subsidies, ALEC and Heartland aren’t complaining about the billions in taxpayer dollars that go to fund their fossil fuel friends. In my recent blog, I highlight that from 2002-2008, the fossil fuel industry received $72.5 billion in subsidies, many written into the permanent tax code, while traditional renewables like wind and solar received $12.2 billion over that same time. And, in a recent EDF video on the Triple Bottom Line Benefits Of Clean Energy, we highlight the fact that the fossil fuel industry receives 75 times more subsidies than clean energy sources Since 1918, oil and gas have received $442 billion compared to the 5.6 billion renewables have received since 1994.

If ALEC and Heartland were really about free markets they would support true competition and innovation and not try to suppress their competitors to monopolize the energy market for their fossil fuel cronies. I suppose freedom to them is just a façade.

Also posted in Renewable Energy, Solar, Wind | Leave a comment