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May 27, 2009
Watson's Greenhouse Gas bill looks like it's headed to Gov.
A proposal that calls for a study of ways consumers and businesses can save money while cutting carbon emissions won tentative approval by the House today and looks like it’s headed to the Governor.
State Sen. Kirk Watson, D-Austin, author of the proposal, calls it a “no regrets bill” because it would come up with ways to save money whether or not Texans believe man-made emissions contribute to global warming.
On Wednesday, Watson said the proposal would be the first statewide law to deal with greenhouse gas emissions.
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Clean energy project passes the Senate
A measure that would set aside as much as $300 million for “clean energy projects” won passage on Wednesday from the state Senate.
The clean energy project measure, which has already passed the House, would provide a tax credt to companies that build power plants that capture at least 70 percent of their carbon dioxide emissions. The plants also have to be able to pipe carbon emissions underground, where they can be used to help pump out hard-to-reach oil deposits.
The tax credit would provide up to $100 million to three projects.
The bill had the support of some environmental groups and utilities that plan to build the low-emission power plants. One lawmaker who voted against the bill was state Sen. Steve Ogden, R-Bryan, who warned tax incentives “were wrecking the tax system in the state of Texas.”
“I guess the question will be left, who will support the schools and the legitimate operation of the state of Texas,” he said.
The bill could head to a conference committee or to the Governor’s desk, depending on whether House authors, led by state Rep. Phil King, R-Weatherford, agree to amendments placed on it in the Senate.
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Television takeback bill headed to Gov.
A bill that requires television manufacturers to provide Texas residents with a free and convenient way to recycle their used TVs cleared the Senate today and is on its way to the Governor.
The television take-back bill, authored by state Rep. David Leibowitz, D-San Antonio and sponsored by state Sen. Kirk Watson, D-Austin, had been supported by environmental groups and corporations like Dell and Hewlett-Packard.
Old tube-televisions can contain at least four pounds of lead, which can cause health problems when it enters the water or soil.
Environmental groups had feared such televisions would be thrown out as the nation switches to a digital television signal, making the televisions obsolete if television owners fail to buy a digital converter-box.
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A clean energy projects bill getting down and dirty
Environmental and some utilities are hustling to try to beat back an amendment drafted by state Sen. Kip Averitt, R-Waco, that they say would gut environmental protections in a clean energy projects bill.
The clean energy projects bill , which has already passed the House, would set aside as much as $300 million to pay for three power plants that capture at least 70 percent of their carbon dioxide emissions and could then permanently sequester the carbon dioxide underground, where it could be used to pump out more oil.
Players who have had a hand in the bill — the Clean Coal Foundation; the utilities Summit Power and Tenaska, which stand to get money for their carbon-capture power plant projects; and environmental groups Sierra Club and Public Citizen — had signed off support on it yesterday.
But the amendment drafted by Averitt’s office and the Clean Coal Foundation would water down elements of the bill, like emissions limits on pollutants like sulfur oxide, say the bill’s other supporters. (The Clean Coal Foundation represents a wide range of utilities that have traditionally opposed stricter environmental regulations.) That’s led some of the bills supporters, like environmental groups and Summit Power, a Washington-state-based company, to cry foul.
Averitt says the other supporters of the clean projects bill “might be a little neurotic, a little selfish,” a reference to the money companies like Summit Power would get from the bill.
So far at least one House author, state Rep. Phil King, R-Weatherford, has said he would not concur on the Averitt amendment, which means that should the bill’s senate sponsor, state Sen. Kel Seliger, R-Amarillo, accepts the amendment, the whole measure will probably end up in conference committee. Environmental groups and Summit and Tenaska say the bill could die there. Averitt says his amendment is good legislation — his SB 2111 already passed the Senate, but now he’s trying to amend it to this House bill because of the logjam in the other chamber — and says it will be in everyone’s interests to see the clean energy projects bill emerge from conference committee.
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May 26, 2009
Senators shuffle to keep environment bills alive
With his air quality measure “in the tank” in the House, state Sen. Kip Averitt, R-Waco, said he is casting for ways to amend his bill to measures that have already cleared that chamber. He said he will try to amend bits of his bill to one by state Rep. Warren Chisum, R-Pampa, that relates to the offshore underground storage of carbon dioxide. He said a proposal that the Texas Commission on Environmental Quality take cumulative effects of air pollution into account when issuing air permits will not make it into the bill. And a portion of the bill designed to expand appliance efficiency standards will shrink, if not disappear altogether.
I asked him why the long face, given his optimism that he could get still large chunks of his bill into law. He said the important thing is that the proposed bill becomes law, but that after two years of thinking hard about ways to improve air quality in Texas - of countless hours meeting with factions and drafting legislation - it was a shame that it will be someone else’s legislation.
“I’ve come to expect tragedy at the end of the session, and tragedy always appears,” he said, with a kind of poignancy.
I then talked to state Sen. Troy Fraser, R-Horseshoe Bay, whose wide-ranging solar measure is dead in the House. He told me he is “cautiously optimistic” that he could get the substance of the bill amended to other measures, but he would not identify the vehicles.
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May 19, 2009
Austin-bashing amendment targets energy efficiency audits
An amendment attached to a solar bill that’s steaming through the Legislature could torpedo a City of Austin energy efficiency program.
The Austin rule taking effect June 1 requires Austin homes receiving electricity from Austin Energy to have an energy audit before being sold. (Homes can be exempted for a number of reasons, such as if they’re less than 10 years old at time of sale or have received energy-efficiency improvements through Austin energy.) The goal of the plan is to make old building stock more efficient, by encouraging buyers and sellers to learn ways they can cut energy use by doing things like adding insulation.
Violating the ordinance is a Class C misdemeanor, and violators can be fined up to $500.
An amendment by state Rep. Jim Keffer, R-Eastland, to a wide-ranging solar measure filed by state Sen. Troy Fraser, R-Horseshoe Bay, declares that “A municipality may not impose a criminal penalty on the seller of real property for the failure to perform an energy audit.”
In other words, the amendment, which was adopted on the third reading of the bill in the House on Monday, would take out the teeth of an energy efficiency ordinance like Austin’s. (Some call these types of legislative measures “Austin-bashing,” because they strike down rules established by the City of Austin.)
Many Realtors have complained the Austin ordinance is onerous for home-buyers and sellers. Keffer received at least $5,000 a year in 2008 and 2007 from the Texas Association of Realtors Political Action Committee, according to campaign finance records.
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April 30, 2009
UPDATED: Swinford solar proposal dead, for now.
A proposal by Rep. David Swinford, R-Dumas, to encourage solar and other types of rewnwable energy appears to be dead after it did not get enough votes to pass out of the House State Affairs Committee.
The proposal would have expanded the renewable portfolio standard, which sets a government mandate on how much energy utilities must get from renewable sources. The standard has been a success for wind power, but has created little investment in other renewable sources, such as solar or geothermal. Swinford’s proposal would have required that utilities get some of their renewable energy from sources other than wind.
Earlier this session, Swinford suggested a religious mandate was a big part of the logic behind the bill.
“God is giving you all this stuff; you need to use it,” he told me.
Nothing is quite dead until the session actually ends, but similar proposals to expand the renewable portfolio standard have failed on the senate-side even as other, arguably more modest proposals aimed at encouraging solar power push forward. Opponents typically include large consumers of electricity — like manufacturers — who worry that more renewable energy will send up the cost of electricity.
UPDATE: Sources tell me they think Swinford’s proposal may get another vote out of committee: The bill requires eight votes to get out of committee, and only eight members showed up — and not quite all those reps voted for the bill. Swinford may try to get another vote on the bill next week, and with a fuller committee showing, it could pass out.
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April 8, 2009
Clean-air legislation approved
An omnibus clear-air bill that bolsters state air-quality initiatives and establishes energy-saving appliance and building standards was tentatively approved this afternoon by the Texas Senate.
Senate Bill 16 will also allow state environmental officials for the first time to consider whether so-called “big picture” effects when granting permits for new manufacturing and processing plants.
Austin will be impacted by the proposal, since it is close to being designated a problem-air area in Texas.
“The goal is cleaner air, healther children, a better Texas,” said state Sen. Kip Averitt, R-Waco, the bill’s author.
The vote was 22-9. The measure must be approved a final time by the Senate before it will go to the House for consideration.
Parts of the bill would incentivize the adoption of innovative clean-air technologies, including a rebate program for plug-in hybrid passenger vehicles and support for electricity storage projects related to renewable energy.
It will also allow the Texas Commission on Environmental Quality to consider wider air-quality impacts when granting new permits, in addition to modifying existing state air quality programs.
Averitt said those clean-air initiatives can include replacing diesel engines under the $343 million Texas Emissions Reduction Program, funding to replace polluting cars and the creation of the Energy Efficient Appliance Grant program to help people buy new energy-efficient air conditioners, refrigerators and other appliances.
Averitt cited new statistics that show that air quality in the Dallas-Fort Worth and Houston areas has improved recently, thanks to clean-air initiatives that will be expanded under the bill.
While some critics have complained the measure could block new permits from being issued, by allowing the environmental agency to consider additional outside factors, Averitt said that is not the intent.
Simply put, the permitting change would allow TCEQ and other regulatory agencies to consider air impacts in Austin and other surrounding areas for a plant permit near Waco, where those issues cannot now be considered, according to Averitt.
“Some folks are afraid we are creating a cap, but we don’t suggest or mandate any cap,” he said. “Agencies can look at the big picture in granting permits in the future, where they can’t today.”
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April 7, 2009
Solar power legislation starts moving toward the floor
The Senate Business and Commerce committee voted a solar power proposal by Sen. Troy Fraser out of its committee today.
That wasn’t particularly surprising, since Fraser is the chair. In one fell swoop, he put the kibosh on a bunch of proposals that would require utilities to get some some of the energy from alternative, non-wind sources, but he incorporated a host of proposals to encourage solar power into his measure.
The Fraser solar proposal calls for the creation of a pot of money that would subsidize both people who want to put solar panels on their roofs and utilities that want money to build big, concentrated solar facilities (think West Texas). The money, from a surcharge on electric bills, could amount to as much as $100 million a year for five years.
The proposal also provides a rebate for solar products manufactured in Texas — which was a measure state Sen. Kirk Watson, D-Austin, had pushed.
It prohibits homeowners association from barring homeowners from installing solar. And it requires homeowners in new subdivisions to offer solar as an option for new homebuyers.
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March 23, 2009
Will rural Republicans support rooftop solar power in Texas cities?
A raft of measures meant to encourage investment in solar panels comes before a Texas Senate committee on business and commerce on Tuesday.
I wrote a story last month about the variety of proposals at play. The series of proposals is as broad as giving tax breaks to manufacturers of made-in-Texas solar panels and as narrow as barring homeowner associations that try to forbid solar panels in subdivisions. The question, of course, is what actually stands a realistic chance of getting signed into law by the governor.
Some solar measures aim at creating giant solar facilities in West Texas. Others aim at putting solar panels atop homes. I was chatting with David Power, a solar power analyst with environmental and watchdog group Public Citizen, about the possibility of a field-mouse/city-mouse divide: Solar measures for West Texas could succeed for the same reason wind power measures have done well — because they garner support of both progressive-minded Democrats and rural, West Texas Republicans who stand to see job creation in their districts.
On the other hand, distributed power (or rooftop solar, in simpler terms) is more likely an urban issue, where there’s a density of rooftops. Those types of measures may not, on the face of it, enjoy the same level of support from rural Republicans.
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March 17, 2009
Will Texas lawmakers track carbon emissions?
I spent part of the afternoon at the Senate Natural Resources Committee, where state Sen. Kirk Watson, D-Austin, was proposing a measure that encourages the tracking of carbon emissions in Texas and another measure he calls “No Regrets” because it would figure out ways consumers and businesses can save money while cutting carbon emissions.
Watson called his proposals “decaffeinated” and “half-caffe.”
“In candor, I would be willing to be more aggressive,” Watson said at the hearing. “Politically, I’m not sure the state is ready to take other steps. Even if these are baby steps, it’s a political minefield.”
A version of Watson’s No Regrets measure passed out of the Senate last session and is a safe bet to get out of committee. His other measure also stands a good chance, given a sympathetic state Sen. Kip Averitt, R-Waco, chairs the committee. (Averitt’s own omnibus air emission bill, which is scheduled to be taken up on Thursday, also includes provisions for tracking carbon emissions.)
“It’s silly to presume nothing’s going to happen (with federal carbon regulation),” Averitt said. “It’s widely known that Texas has more to lose than anybody. We need a voice at the table.”
But the likelihood the Watson measures will become law is up in the air. For one thing, Gov. Rick Perry has shown little interest in proposals that track or might limit carbon emissions. And opposition appeared in the form of representatives of the representatives of the Texas Chemical Council and the Texas Association of Manufacturers.
“Texas does not need to develop (carbon) accounting,” said Christina Wisdom, general counsel of the Texas Chemical Council, because “climate change legislation needs to happen at the federal level.”
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February 6, 2009
Report on energy and environment released by House committee
The Texas House Select Committee on Electric Generation Capacity and Environmental Effects has just released its report on the energy and environment crunch. The committee was chaired by state Rep. Dennis Bonnen, R-Angleton, and included among its members Joe Straus, now Speaker of the House.
The report includes this admonition to lawmakers as they get ready for the current session of the Legislature:
“In any discussion of sources for future electricity generation, keep in mind that all sources of electricity have positive and negative features. Productive and relevant energy plans must address the negatives associated with a power source, but must also balance those concerns against the relative ease of offsetting those effects and their relative costs compared with their benefits. As examples, wind and coal have arguably been the most contested forms of electric generation in Texas over the last decade. Wind advocates point out the zero fuel cost and total lack of emissions, while critics note that wind requires huge investments in transmission and distribution, the intermittent and unreliable nature of wind power, and the unknown negative effects on the environment. Proponents of coal fired generation argue that coal provides low-cost, reliable electricity and that technologies associated with emissions reductions have greatly improved. Opponents say that coal emits more carbon dioxide than any other generation source and will inevitably mean higher costs of power when the federal government places constraints on greenhouse gases. In order to make a rational assessment of a new electric generation source, lawmakers should keep in mind that all sources have drawbacks and consider those against the realities of the marketplace and the need for electricity in the state.”
As far as carbon dioxide emissions go, the report basically says issues of global warming (and whether mankind contributes to it) are beyond the purview of the committee, but it encourages the state to try to negotiate some protections for its carbon-intensive industries.
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January 29, 2009
Clean air measure unfurled by Averitt
State Sen. Kip Averitt, R-Waco, the chairman of the Committee on Natural Resources, filed a meaty clean air measure today that’s likely to get a lot of attention this session.
The measure proposes incentives for air quality technologies that cut air emissions from manufacturing and power plant facilities and expands appliance standards to make them more energy efficient. It also calls for the establishment of a grant program for new air technologies that exceed state and federal guidelines.
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May 17, 2007
Air quality bill passes House, but Farrar amendment unlikely to survive
Two lawmakers from the greater Houston area ended a standoff over an air quality bill, and the bottom line is that both won and lost.
The bill, which expands a program that gives money to low-income Texans to repair their old, polluting cars, passed, but not before an amendment calling for air toxics limits in any given area.
The sponsor of the bill, Rep. Dennis Bonnen, R-Angleton, had pulled it down several times to avoid the amendment, which he claimed was driven by political motivations: He worried a record vote would make some of his Republican colleagues vulnerable to criticism over their environmental records.
Rep. Jessica Farrar, D-Houston, said her amendment would improve air quality. New Jersey, California and Louisiana had similar measures in place, she said.
But the amendment is unlikely to be included in the final law: Sen. Kip Averitt, R-Waco, the bill’s original author, said he and Bonnen were likely to strike the amendment in a conference committee.
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April 25, 2007
Barton Springs bill on tap today
Last summer, some Hays County residents protested in front of a Dripping Springs subdivision over its plans to discharge treated sewage into a creek that feeds Barton Springs. Today, those residents and officials for the subdivision will get to lay out their arguments at the Capitol.
When, last year, the developers of Belterra subdivision asked the state environmental agency to permit them to expand their sewage treatment plant with an eye to eventually sending effluent, or treated sewage, into Bear Creek, downstream neighbors, environmental groups, and the Barton Springs/Edwards Aquifer Conservation District mobilized.
Bear Creek drains into the Edwards Aquifer, and if the permit goes through, the sewage plant would be the first to discharge effluent directly into a stream in the Barton Springs portion of the aquifer.
Earlier this month, the Texas Commission on Environmental Quality issued a draft permit that would allow Belterra to discharge effluent into Bear Creek as part of its sewage expansion. The permit will go through an extensive public comment and hearing process before it is finalized.
But a proposal by Rep. Patrick Rose, D-Dripping Springs, would prohibit the TCEQ from issuing any permits that would increase the amount of treated wastewater that could be discharged in the contributing or recharge zone of the Barton Springs segment of the aquifer. The bill, HB 3039, gets a hearing at the House committee on Natural Resources, which meets at 2:30 p.m.
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February 15, 2007
Scenic highway 71
Texas 71 between Austin and Llano could soon become a scenic highway, if state Sen. Kirk Watson has his way.
The Austin Democrat today filed Senate Bill 669 to prohibit new billboards and other off-premise signs from being built along the Hill Country highway.
If eventually approved, the road would join more than a dozen other such scenic highways in Texas. Closest to the Capital City is U.S. 290 between Austin and Fredericksburg.
Watson said he filed the proposal at the request of Hill Country residents.
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February 8, 2007
School bus cleanup
Riding on Texas’ 35,000 school buses is the dirtiest part of many children’s day, and state Sen. Kirk Watson wants to change that.
The Austin Democrat today announced that he has filed Senate Bill 529 to retrofit school buses with exhaust-scrubbing filters and mechanical modifications to significantly reduce the pollution they generate.
Cost: $100 million over several years, using a share of the fees already paid by drivers for vehicle inspections.
About six percent of the Texas school bus fleet operates in the Austin area.
“Children are the most vulnerable because their lungs are developing, and this is perhaps the most damaging time for them to be exposed to 40 different toxins that are in school bus exhaust,” Watson said.
“This bill would create a program to provide funding to reduce these toxins … This program is about protecting children’s health by reducing the air they breathe inside school buses.”
“Children are extremely sensitive to this pollution, especially those with asthma or other health conditions.”
Watson should know. He is former chairman of the Texas Air Control Board, forerunner of the state’s current environmental agency.
Lined up already in support: The Texas Commission on Environmental Quality, Texas Parent Teacher Association, the Greater Houston Partnership and the Texas Clear Air Working Group, among others.
Similar legislation was approved by lawmakers two years ago, but was not funded, Watson said.
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January 25, 2007
Perry names TCEQ commissioner
In an appointment closely watched by environmental and industry groups, Gov. Rick Perry named Capitol insider H.S. Buddy Garcia to the state’s environmental commission on Thursday.
Garcia, an Austinite who is currently serving as Texas deputy secretary of state, has worked on water and low-sulfur fuel issues, according to a press release from the governor’s office.
Commission-watchers wonder how Garcia will come down on some of the major issues that face it: Namely, whether its enforcement activities should be stiffer and what to do about proposals for new coal-fired power plants.
Only three commissioners serve on the Texas Commission on Environmental Quality, and there seems to be some daylight on opinion between Kathleen Hartnett White, a rancher, and Larry Soward, a longtime political appointee who has worked as an environmental lawyer.
Environmental issues are frequently portrayed as economic development vs. environmental protection. The governor’s press release today may have shed some light on where Garcia will come down. It mentioned that Garcia is “a leader in efforts to promote new economic development” before mentioning any of his environmental credentials.
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