renewable portfolio standard

Ohio Clean Energy Still in Koch & ALEC Crosshairs

Ohio Clean Energy Still in Koch & ALEC Crosshairs

By Connor Gibson at DESMOGBLOG.COM

Crossposted from Greenpeace’s blog: The Witness.

Ohio is currently fighting this year’s final battle in a nationally-coordinated attack on clean energy standard laws, implemented by the American Legislative Exchange Council (ALEC) and other groups belonging to the secretive corporate front group umbrella known as the State Policy Network (SPN).

ALEC and SPN members like the Heartland Institute and Beacon Hill Institute failed in almost all of their coordinated attempts to roll back renewable portfolio standards (RPS) in over a dozen states–laws that require utilities to use more clean energy over time. After high profile battles in North Carolina and Kansas, and more subtle efforts in states like Missouri andConnecticut, Ohio remains the last state in ALEC’s sites in 2013.

ALEC Playbook Guides the Attack on Ohio Clean Energy

After Ohio Senator Kris Jordan’s attempt to repeal Ohio’s RPS went nowhere, ALEC board member and Ohio State Senator William Seitz is now using ALEC’s new anti-RPS bills to lead another attack on the Ohio law–see Union of Concerned Scientists.

ALEC’s newly-forged Renewable Energy Credit Act allows for RPS targets to be met through out-of-state renewable energy credits (RECs) rather than developing new clean energy projects within Ohio’s borders. RECs have varying definitions of renewable energy depending on the region they originate from, lowering demand for the best, cleanest sources of power and electricity.

Sen. Bill Seitz’s SB 58 takes advantages of existing provisions of Ohio’s RPS law and tweaks other sections to mirror the key aspects of ALEC’s Renewable Energy Credit Act. His RPS sneak-attack is matched by House Bill 302, introduced by ALEC member Rep. Peter Stautberg.

Just five years ago, Senator Seitz voted for Ohio’s RPS law. Now, Seitz calls clean energy incentives “Stalinist.”

Attacks on Ohio’s Clean Energy Economy: Fueled by Dirty Energy Profits

Most of ALEC’s money comes from corporations and rich people like the Koch brothers, with a tiny sliver more from its negligible legislator membership dues ($50/year). This includes oil & gas giants like ExxonMobil ($344,000, 2007-2012) and Big Oil’s top lobbying group, the American Petroleum Institute($88,000, 2008-2010). Exxon and API just two of dozens of dirty energy interests paying to be in the room during ALEC’s exclusive Energy, Environment and Agriculture task force meetings.

Other polluting companies bankrolling ALEC’s environmental rollbacks include Ohio operating utilities like Duke Energy and American Electric Power. AEP currently chairs ALEC’s Energy, Environment and Agriculture task force. Some of these companies (like Duke Energy and the American Petroleum Institute) pay into a slush fund run by ALEC that allows Ohio legislators and their families to fly to ALEC events using undisclosed corporate cash (see ALEC in Ohio, p. 6).

Ohio Senator Kris Jordan used corporate money funneled through ALEC to attend ALEC events with his wife (ALEC in Ohio, p. 7). Withelectric utilities as his top political donors, Sen. Jordan has dutifully introduced ALEC bills to repeal renewable energy incentives (SB 34), along with other ALEC priorities like redirecting public funds for private schools (SB 88, 2011), and blocking Ohio from contracting unionized companies (SB 89, 2011).

Koch-funded Spokes & Junk Data Bolsters the ALEC Attack

The behavior of Senator Bill Seitz indicates he’s more beholden to ALEC and the dirty energy utilities dumping tens of thousands of dollars into his election campaigns* than his constituents. There is support from a majority of Ohioans for utilities to obtain at least 20% of their electricity from clean sources. Ohio veterans spoke up for the RPS for increasing the state’s energy security and lowing wholesale energy costs.

 

Read Connor’s full article -> HERE <-

 

ALEC/Koch Cabal Attack on Clean Energy Begins in NC

Duke Energy & Koch Brothers kill clean energy in North Carolina

by Connor Gibson

As anticipated, former Duke Energy engineer and North Carolina Representative Mike Hager has introduced a version of the American Legislative Exchange Council’s “Electricity Freedom Act” into the state’s General Assembly.

House Bill 298 would fully repeal North Carolina’s renewable portfolio NC-Rep-Mike-Hager-214x300standard (RPS)–a state law requiring utilities to generate more electricity from clean sources over time. The existing RPS law is credited for contributing to the rapid growth of the clean energy sector in North Carolina.

By introducing a bill to fully repeal North Carolina’s RPS law, Rep. Hager is backtracking on his own promise not to eliminate current renewable energy targets for NC’s dominant utility, Duke Energy. From the Charlotte Business Journal last December:

Hager says he does not support eliminating the renewable requirements. N.C. utilities already have committed to long-term contracts to meet the current level of renewable-energy requirements. So changing the rules could cause problems for the utilities, he notes. That is why he generally favors capping renewables at the current level.

But Rep. Hager abandoned this position, instead marching in lockstep with the American Legislative Exchange Council’s full repeal initiative.

At least seven of the bill’s sponsors are known affiliates of ALEC, including three of the four primary sponsors–Rep’s Mike Hager, Marilyn Avila, George Cleveland, Rayne Brown, Justin Burr, Sarah Stevens, and Mike Stone.

ALEC has many other members in the NC legislature, including House Speaker Thom Tillis, who just joined ALEC’s national Board of Directors.

ALEC’s Electricity Freedom Act, the model bill reflected in Rep. MALEC-Heartlandike Hager’s H298, was born from its Energy, Environment and Agriculture task force and was written by the Heartland Institute, a member of the task force. Other members of ALEC anti-environmental task force include Koch Industries, ExxonMobil, Peabody Energy and Duke Energy.

Despite heavy public pressure to disassociate from ALEC’s attacks on clean energy, climate policy and other controversial subjects like voter suppression, Duke Energy remains a paying member of ALEC. Duke helped finance ALEC’s conference in Charlotte last spring, where the Electricity Freedom Act was first drafted:

Duke pays heavily for ALEC’s operations–they have spent $116,000 on ALEC meetings since 2009, including $50,000 for ALEC’s May 2012 meeting in Charlotte, NC where Duke is headquartered (Charlotte Business Journal). This well exceeds the top annual ALEC membership fee of $25,000.

As I wrote in January, Duke Energy (recently merged with Progress Energy) is now backtracking on their support for North Carolina’s clean energy standard:

This is where ALEC makes things awkward for Duke Energy: the law that Rep. Mike Hager is targeting (2007 SB3) was created with input from Duke Energy, and Duke explicitly opposes ALEC’s “Electricity Freedom Act,” the model law to repeal state Renewable Energy Portfolio Standards (REPS). Duke Energy re-asserted its support for North Carolina’s REPS law to the Charlotte Business Journal last April and Progress Energy publicly supported the law before merging with Duke.

Less than a year ago Duke Energy was explicitly opposed to an ALEC RPS repeal in North Carolina. Now Duke’s NC president says they are “open to conversations” on changes to the RPS.

Duke Energy helped pass the RPS laws in North Carolina and Ohio, another state where ALEC legislators are introducing versions of the Electricity Freedom Act.

Through ALEC, Duke Can Kill Clean Energy Requirements and Get its Money back from Ratepayers:

Surviving text to the RPS law gutted by Rep. Hager’s H298 includes provisions allowing Duke Energy to charge its ratepayers to recover compliance costs from the clean energy requirements. For that text: see § 62-133.8. (H) (4) “Cost Recovery and Customer Charges”

This provision reflects a late change ALEC made to it’s model RPS repeal bill, perhaps at the request of ALEC member utilities like Duke Energy. Text added to the Electricity Freedom Act allows utilities to recover compliance costs from RPS laws after they are repealed. Compare last year’s draft version of the Electricity Freedom Act with the final version from October 2012–you’ll notice the key additions, particularly this clause:

 

BE IT FURTHER RESOLVED, that this Act also recognizes the prudency and reasonableness of many of the renewable contracts and investments and allows for recovery of costs where appropriate;

Not the first time ALEC legislators have attacked NC clean energy:

Sue Sturgis at the Institute for Southern Studies notes that Rep. Hager’s bill isn’t the first legislative attempt to kill North Carolina’s renewable portfolio standard. One of the co-sponsors of Hager’s bill already tried to repeal the RPS law in 2011:

Last year, Rep. George Cleveland (R-Onslow) — among the state lawmakers with ALEC ties – sponsored a bill to overturn North Carolina’s renewable energy law. It gained no co-sponsors and went nowhere, but the outcome could be different now that ALEC is getting more actively involved in the issue.

Legislators who have taken aim at clean energy incentives have been egged on by corporate interest groups, often with money trails leading back to the Koch brothers, Art Pope, and other wealthy elites. Sue Sturgis detailed how ALEC and other State Policy Network groups were gearing up to repeal the RPS before Mike Hager introduced his bill yesterday:

Last year, representatives of the groups gave presentations around the state that were critical of the state’s renewable energy standard. Among the presenters was Daren Bakst, director of legal and regulatory studies for the John Locke Foundation and a member of ALEC’s Energy, Environment and Agriculture Task Force, which crafted the model law overturning state renewable energy standards.

Joining Bakst were representatives of the American Tradition Institute (ATI), a fossil-fuel industry-funded think tank that was behind a controversial freedom of information lawsuit against the University of Virginia that sought to discredit a prominent climate scientist. ATI has also targeted state renewable energy programs.

Several years ago, the John Locke Foundation teamed up with the Beacon Hill Institute, a conservative research organization that has received support from the Koch family foundations, to release a report claiming North Carolina’s renewable energy law was having a negative economic impact.

One of the first groups we can expect to see chime in will be the Beacon Hill Institute. ALEC and other State Policy Network members have used Beacon Hill’s fundamentally flawed reports as the justification for repealing state RPS repeals in NC, KS, OH and other states. See these sources for a debunk of the Beacon Hill papers:

Beacon Hill will not be alone. We can expect continued support for the clean energy attack from Art Pope’s front groups like the John Locke Foundation and the Civitas Institute and other State Policy Network affiliates funded by Pope, the Koch brothers, and Donors Trust.

This is exactly what is happening with the Kansas clean energy standard: representatives of several State Policy Network groups including the Beacon Hill Institute, the Heartland Institute, the American Tradition Institute’s Chris Horner swarmed into Kansas to support the RPS repeal.

As the debate around Mike Hager’s bill unfolds, we’ll see who the Kochs send in to support his effort.
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This article is written by Connor Gibson and is posted at http://greenpeaceblogs.org/2013/03/14/alec-bill-to-kill-nc-clean-energy-law-surfaces-koch-fronts-and-duke-energy-behind-the-curtains/
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