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The Texas Progressive Alliance is wishing — not praying — for rain as it brings you the week’s roundup of the best blog posts from last week.  (Note from Citizen Andy: I am praying for rain, and also hoping everyone heading to Netroots Nation this week from Texas has an amazing time. I think when you all leave the state at once our collective state IQ goes down a half point.)

At McBlogger, Cap’n Kroc discussed the ridiculous plan for Formula 1 racing in Austin and the possibility that it could help us extract better redistricting terms from the Lege. He also points out that that Rick Perry needs to come out of the closet and be himself. It’s a blockbuster post that you have to read to believe.

Congressional redistricting moved its way through the Senate and into the House last week, and Off the Kuff took a look at the numbers for the proposed new districts.

Libby Shaw provides the update on Governor Rooster Perry’s run for POTUS. Come check out what the national audience has in store for a Perry campaign at TexasKaos.

With all the talk last week about how Sarah Palin misinterpreted Paul Revere’s ride, Neil at Texas Liberal offered up a post about the actual event. You need to learn history for yourself. If you let others define your past, they will use that power to screw up your future.

Ryan at TexasVox gives us a double dose of bad news about opposition to the possible tar sands pipeline coming to Texas and the numerous spills they’ve had already.

Letters From Texas presented the case against Rick Perry for President.

The Republican Party of Texas can’t figure out whether to shit or go blind over “sanctuary cities”. PDiddie at Brains and Eggs collects the evidence.

CouldBeTrue of South Texas Chisme thinks that the ‘new’ GOP is the same old bad joke if Rick Perry is the best candidate they have to offer.

NOTE: TexasVox and Public Citizen do not endorse all the positions taken by other members of the Texas Progressive Bloggers Alliance, but we are happy to share their thoughts.

But here in TexasLast week, Public Citizen, the Sustainable Energy and Economic Development (SEED) Coalition, Texas League of Conservation Voters, Environmental Defense Fund and the Natural Resources Defense Council wrote to Governor Rick Perry urging him to veto House Bill 2510, “An Act relating to exempting the intrastate manufacture of certain incandescent light bulbs from federal regulation.”  

House Bill 2510 asserts that light bulbs manufactured in Texas and offered for sale and use within Texas are exempt from federal legislation requiring improved light bulb efficiency.  The environmental groups urged the Governor to veto this Bill for several reasons.

  1. This Bill is futile because it sets out conditions that almost certainly cannot be met.  Under the Bill, all of the specialized components used to make incandescent light bulbs must be made in Texas. But there is no evidence that light bulbs could be cost-effectively made from materials located in Texas.  Indeed, tungsten, a critical component of incandescent bulbs is not mined in Texas.  Earlier this year, Governor Brewer of Arizona vetoed a similar light bulb bill passed by the Arizona legislature because she recognized that the conditions of the bill could not be met.
  2. Even if the Bill were not futile as a practical matter, it will not achieve the outcome claimed since the Bill is expressly preempted by federal law and contrary to the numerous decisions of the Supreme Court. 
  3. This Bill sends the wrong signal about the direction that Texas’s economy is heading.  This Bill tells the world that Texas is moving backward, embracing the out-dated technologies of the Nineteenth Century. 

In fact, the opposite is true.  Texas has several companies researching, designing and manufacturing the most advanced LED lighting.  Just this past February the governor sought to move Texas forward by awarding an Emerging Technology Fund grant to an advanced LED lighting company.   This is the right direction for Texas.  But if the Governor doesn’t veto House Bill 2510 and it goes into effect, we will signal that Texas is embracing the past rather than the future.

According to the Australian Broadcasting Corporation, Japanese authorities are now admitting the crisis at the Fukushima nuclear plant in March may have been worse than a core meltdown.

IAEAIn an official report that will go to the UN’s nuclear watchdog, the International Atomic Energy Agency (IAEA) set up in 1957, Japan now says nuclear fuel in three reactors possibly melted through several pressure vessels and into the earth below.  This type of event, called a melt-through, is the worst outcome in a nuclear accident.

GOSHI HOSONO, SPECIAL ADVISOR TO JAPANESE PM (Translation): At present there is damage to the bottom of the reactor container, we call this ‘core melting’ in English. Part of the nuclear fuel has fallen onto the dry earth floor and it’s possible that it’s still lodged there.

TETSURO FUKUYAMA, GOVERNMENT SPOKESMAN (Translation): Hot spots were found, meaning there were certain spots with very high readings of radiation.

According to atomic experts, this is about as serious as it gets in a nuclear disaster. Dangerous levels of radioactive iodine and cesium have already contaminated the sea, the soil, groundwater, and the air.

This week plutonium was detected for the first time outside the stricken plant, and Strontium-90, known as a bone seeker because it can cause bone cancer and leukemia, has now been found as far away as 37 miles from the facility.

In a draft report to the IAEA, Japan admitted that it wasn’t prepared for the Fukushima meltdown.  Further, it also acknowledged that its nuclear regulator was run by a ministry, which has been the chief promoter of nuclear energy for decades (sound like another nuclear regulatory agency that we know closer to home?).

In an NRC memo issued on Thursday – Subject:  NRC MONITORED ALERT, FLOODING (and a FIRE!!!!) AT FORT CALHOUN NUCLEAR STATION (the portion in red are mine, the rest is the NRC’s memo).

The U.S. Nuclear Regulatory Commission Tuesday monitored conditions at the Fort Calhoun Station, located 19 miles north of Omaha, Neb. The plant, operated by Omaha Public Power District (OPPD), declared an Alert at 9:40 a.m. CDT.

The Alert was declared due to an indication of fire in the west switchgear room at 9:30 a.m. Automated fire suppression systems activated as expected and the fire was confirmed out at 10:20 a.m. OPPD exited the alert at 1:15 p.m. An “Alert” is the second lowest of four emergency classes. OPPD briefly activated its Emergency Operations Center (EOC) and the Joint Information Center (JIC).

For the duration of the event the NRC monitored developments from its incident response center at its Region IV office in Arlington, Texas, and received updates from the onsite NRC Inspectors. OPPD notified the states of Nebraska and Iowa.

There was no danger to the public of a radiation release because the plant has been shut down since early April for a refueling outage and remains in that condition (much like the Fukushima Dai-ichi units 4, 5, and 6). Although the plant briefly lost its normal ability to cool the spent fuel pool, temperatures in the pool remained at safe levels and the plant recovered pool cooling without the need for any of the plant’s multiple backup systems.

The licensee previously entered a Notice of Unusual Event due to the rising level of the Missouri River and some onsite flooding on June 6. Since that time, NRC has provided round the clock staffing with its Resident Inspectors and they will continue to remain on site and monitor the situation during the flood conditions.

Just last month, two US nuclear plants went into emergency shut down due to outside power loss and a fire in a switchyard adjacent to the plant when tornados tore through the Southeast.  Neither of these two plants were hit directly by a tornado, which would have made containment of the situation much more difficult.  But, scarely.one was discovered, just three months prior to the tornados, to have had issues for as long as nine months with their backup coolant system, which would have made the incident following the tornado much more dire. 

The disaster in Japan has forced numerous countries to re-evaluate the safety of their nuclear fleet of power plants and their ability to respond to safety incidents compounded by natural disasters that make containment more difficult.  Switzerland and Germany have made the decision to pursue other renewable energy sources and to phase out their nuclear units as their licenses come to their end. 

As the US looks at three incidents, in three months associated with natural disasters

  • unusual flooding,
  • what is amounting to one of the most prolific and deadly tornado seasons this country has seen in decades, and
  • a hurricane season that has just come upon us and is predicted to be an above average Atlantic hurricane season according to the most recent forecasts by the National Oceanic and Atmospheric Administration (NOAA) and the Colorado State University Tropical Meteorology Project (CSUTMP).

In the words of Clint Eastwood in Dirty Harry, “You’ve got to ask yourself one question: ‘Do I feel lucky?’ Well, do ya punk?”

Texas State Senator Mike Jackson added an amendment to the ethics bill (HB 1616) only 48 hours before the regular session ended and seems to be regretting that decision.  Now he wants Gov. Rick Perry to veto his own legislation. 

The amendment was written so that candidates would have been able to expunge from their record any complaint if the candidate could prove it was a mistake in good faith.  According to the bill, candidates would have 14 business days after a complaint was filed to “fix” their reports without penalty so long as there was no “intent to mislead or to misrepresent the information contained in the report.”

However, there was no limitation on how large of a donation could be dismissed and the bill would have the unintended consequence of allowing a candidate to hide a pattern of misreporting potentially embarrassing donations by claiming they were an accounting or typographical error or misunderstanding of reporting requirements.  The bill would also remove the incentives to accurately report campaign contributions and expenditures as well as reduce the Texas Ethics Commission’s revenue from fines.

If Jackson does not get a veto from Perry, he has placed an amendment on to the special session’s Fiscal Matters Senate bill (SB 1) to repeal his earlier amendment.  Although SB 1 is controversial in many respects, the new amendment is a bright spot for proponents of campaign finance reform. The amendment would have been destructive to the campaign process and allowed candidates a loophole in which to exploit. Campaign finance laws need to be reformed but not in this way. Sen. Jackson did well to fix his mistake with his amendment in the special session and should be recognized for owning up to it.

In a shareholder meeting yesterday, Target executives addressed growing concerns over political actions of the company as well as performance. Shareholders were upset over the $150,000 donation to Minnesota Forward, which is a political group that backed Tom Emmer as a gubernatorial candidate in Minnesota in 2010. Emmer is an opponent of same-sex marriage and the relationship between Target and the candidate sparked a flurry of protests at the time including a flashmob inside one Target store. The singing group even referenced the controversial Supreme Court Ruling in Citizens United v. FEC.

 

[youtube=http://www.youtube.com/watch?v=9FhMMmqzbD8]

 

The donation also caused the Pop Star Lady Gaga to end her relationship with Target and urged them to donate to pro-gay rights charities.

 

[youtube=http://www.youtube.com/watch?v=Pw_iaP87G_E]

 

Chairman, President and CEO Gregg Steinhafel said in the shareholder meeting that Target “learned a lot last year” and that they “welcome everybody”.  Target Corp. has changed their policy and process on political donations, but some argue that the process has not helped the situation but rather made it less transparent.

Target has been trading at 52 week lows, but the causes are up for debate. The executives of Target point towards their inability to convince consumers to spend on items other than food and other staples. Steinhafel said that shoppers are “still very thoughtful about spending” during these difficult economic times. Although Steinhafel stated in the shareholders meeting that Target is going to remain “neutral” on gay rights as well as “other social issues that have polarizing points of view”, the damage has been done and might continue. The best way to avoid a controversy like this is, as Mike Dean executive director of Common Cause in Minneapolis stated in a newspaper article, to “refrain from political spending”. Citizens United opened the door for unlimited amounts of campaign spending by corporations which can be detrimental to a democratic system. Perhaps the best defense at this point is to boycott those businesses that participate in the process.

Over 260,000 Americans have told the State Department that they do not want the Keystone XL Tar Sands pipeline to receive a permit. After two recent spills (and averaging one a month) on the 1 year old Keystone pipeline (Keystone XL would extend that pipeline into Texas) it seems obvious that Americans are waking up to just how bad this project is.

Check out KETK for their recent story on the spill and overview of the project.

The State Department will decide soon on whether or not to grant this project the necessary “presidential permit” it needs for construction from Canada down through the central US. The future of energy lies in renewable energy – and that is where we should be investing in new infrastructure. This pipeline takes us in exactly the opposite direction towards a dirtier and more destructive fossil fuel. Contact your congressman and ask them to pressure the White House and State Department not to grant this permit.

http://whoismyrepresentative.com/

Election season is imminent and advocates for environmental welfare and public health need not look very far for the hyper-political red tape and drawbacks to pollution legislation. Like many of her colleagues in the Democratic Party, Environmental Protection Agency Administrator Lisa Jackson has been campaigning nationwide for the regulation of toxins such as mercury from coal burners which, in effect, could prevent thousands of related deaths and stimulate the job market. Just two weeks ago, Jackson even made an appearance on Jon Stewart’s “Daily Show” encouraging viewers to exercise vigilance in the fight against toxic emissions and to demand personal protections for clean air and water.

Her sentiments were met with grand applause due to their pertinence in 2011 where it is estimated that 72% of all toxic mercury air pollution in the United States is attributable to coal plants in violation of the Clean Air Act. Just to add some perspective to this statistic, such a figure indicates that 386,000 tons of hazardous compounds are being emitted into the atmosphere per year at an unprecedented rate.

Jackson’s apparent support for tightened environmental regulations was short-lived however, when just one week following her Comedy Central interview the EPA halted essential protections for controlling exposure to air-borne mercury, arsenic, lead, and a plethora of acid gases. The basis for these laws were established in 1990 when President H.W. Bush signed Clean Air Act amendments into law thus making it the EPA’s responsibility to establish emission standards for industrial facilities. Originally, these plans operated on a permit system designed to pinpoint power plants, factories, and additional sources of ground level ozone that had exceeded allowable limits for what was deemed “requisite to protect the public welfare.”

One of these statutes created under H.W. Bush’s administration, called Boiler MACT, monitored emission caps from boilers that produced power sources specifically like those found in large to small coal plants. As of February 2011, under a court issued order, the EPA was also charged with the task of enforcing this body of legislative action. And now, a mere two years after the Obama administration vowed to protect the interests of public health and respect the law, this regulation is one of many that Jackson’s post at the EPA has indefinitely delayed.

Historically, the EPA has acted as an outspoken critic of the industrial “Powers that be” and their habits of ignoring Clean Air Act restrictions with economic impunity. In fact it was the EPA’s records that first indicated that more than 4,000 non-fatal heart attacks, 1,600 cases of acute bronchitis and an excess of 313,000 missed work and school days could be avoided if these laws were enacted properly- and this doesn’t even account for the upwards of 6,600 toxic related deaths. But the EPA strayed its course due to the fast-approaching 2012 elections. They managed to place re-election aspirations above environmental necessities on the hierarchy of political agendas, caved to industry pressures, and watered down many of their contingencies to begin with.

In lieu of this regressive blow to mandatory emission guidelines, Lisa Jackson and the EPA as a whole have endangered countless vulnerable Americans by casting a blind eye to the Boiler MACT legislation. Not only are these steps in reverse potentially (almost certainly) disastrous, people living near industrial giants and coal-fired power plants are now at serious odds with their own health and well-being.

U.S. Stops Keystone I Line from Restarting After 12th Spill in 12 Months, Days Before Comment Period Ends on Keystone XL

For over a year, TransCanada has been trying to get its hands on a Presidential Permit from the U.S. Department of State to extend its Keystone I tar sands pipeline with a pipeline called Keystone XL. That extension would start in Alberta, Canada, link on to Keystone I in the Midwest and attach on its Southern end in Oklahoma before it heads through Texas and ends at Gulf Coast refineries. During this same year, though, TransCanada’s Keystone I line has been leaking at an alarming rate.

It’s a fact that tar sands pipelines leak at 16 times more per mile due to internal corrosion, and something that has long been a concern of citizens opposed to the Keystone XL line slated to come through Texas. Today, though, TransCanada’s inability to operate Keystone I without averaging less leaks than one per month has finally gotten to the Department of Transportation (DOT) and United States Pipeline and Hazardous Materials Safety Administration (PHMSA) who today issued an order of corrective action against TransCanada.

TransCanada’s Keystone I line sprung its twelfth leak in nearly twelve months last weekend in Kansas to the tune of 2,100 gallons, only two weeks after a 21,000 gallon leak in North Dakota and ten other smaller leaks.

PHMSA’s statement today notified the public that “Effective immediately, this order prevents TransCanada from restarting operations on their Keystone crude oil pipeline until PHMSA is satisfied with the ongoing repairs and is confident that all immediate safety concerns have been addressed. PHMSA issued the order in connection with two incidents in May involving oil leaks from small diameter pump station pipe fittings,” and DOT’s official letter to TransCanada also reads that “the continued operation of the  pipeline  without  corrective  measures  would  be  hazardous  to  life,  property  and  the environment.”

This corrective order from PHMSA comes just three days before the 45-day comment period on Keystone XL’s Supplemental Draft Environmental Impact Statement (SDEIS) ends on Monday, June 6th.

STOP Founder and President David Daniel had the following to say: “The deck of evidence is stacked against TransCanada. It would be absolutely absurd for the State Department to permit Keystone XL now. The EPA spoke out against Keystone XL’s Draft Environmental Impact Statement and now PHMSA is having to step in to protect citizens from TransCanada’s Keystone I line. For the State Department to allow Keystone XL to go through would be a slap in the face to not only these agencies but to the concerns and livelihoods of millions of Americans, as it too would be, in the Department of Transportation’s own words ‘hazardous to life, property, and the environment.’ TransCanada cannot keep getting away with this. We ask the State Department to take the Department of Transportation’s action today as a warning and say no to a Presidential Permit for Keystone XL.”

To make comments on the Draft Environmental Impact Statement, you can visit http://www.keystonepipeline-xl.state.gov/clientsite/keystonexl.nsf?Open or contact STOP at bdmcallister@stoptarsands.org or 409.550.7961 for more information.

If you live in Austin, TX and put solar on your rooftop, you might be able to pay only about a quarter of the initial cost estimate, making this a viable option for many homeowners.  But for many Texans, there is still a good reason not to go with solar: the generous local incentives that Austinites have  for affordable panels that could provide about two-fifths of a home’s electricity use do not exist in most of the rest of the state.

We had hoped that Texas lawmakers would pass a bill this session to establish a statewide rebate for solar projects, financed by extra charges on electric bills. But it died without getting out of a House committee.

Texas prides itself on being the national leader in wind power, and many renewable-energy companies were looking to this big, sunny state as the next frontier for solar power, which California currently dominates as it did wind before the state provided incentives for wind development.  But solar technology remains expensive: while there environmental benefits, it can be more costly than coal or gas power on a nationwide basis before incentives. The recent fall in natural gas prices has made it even harder for solar to compete (although panel prices are falling fairly dramatically).

Despite the lack of incentives for solar on rooftops, some larger utility scale solar projects are emerging. San Antonio began getting power from a 14-megawatt solar farm late last year, and in May a developer started building a 30-megawatt solar facility in Webberville, a small community near Austin (the power will be sold to Austin Energy).

Oncor, a retail electric provider serving the Dallas area, will begin taking applications for a new round of solar incentives on Monday.  Last year the program sold out in a month. Additionally, electric utilities in El Paso and San Antonio also offer solar incentives. 

Two solar bills did pass this session. One will make it somewhat harder for homeowners’ associations to bar solar panels. Another clears regulatory hurdles to solar leasing and other third-party ownership arrangements, which for tax reasons will be helpful to schools and churches.

So while there is little in the way of incentives statewide, some communities are recognizing the benefit of supporting solar as a means to provide energy or reduce energy needed from the grid during peak periods (that sunny hot part of the day when air conditioning is running full out) and a way to help reduce the need to build new base-load (coal, gas, or nuclear) power plants that have significant upfront capital costs.

In a recent NPR show, former Labor Secretary and political commentator Robert Reich addressed the potential executive order by President Obama to require government contractors to disclose their political spending. Reich wants to take the executive order a step farther by eliminating all political contributions from government contractors. Reich explains that contractors such as Lockheed Martin get a large portion of their contracts from the federal government and then use that money to lobby members of Congress.

However, not everyone is as much of a fan of the proposed order as Reich. Texas Congressman Jeb Hensarling was scheduled to attend a breakfast yesterday morning hosted by a PAC fro Fluor which is a major government contractor. Last week Rep. Hensarling voted in favor of an amendment to counteract President Obama’s executive order. Adam Smith of Public Campaign wrote on his website ” I wonder if Hensarling discussed his concern about the influence of money in our political process with the government contractor lobbyists handing him money this morning.”

In addition, this cycle has left many Congressional staffers feeling as though Citizens United v. Federal Election Commission has changed the game in Congress as showed in a recent Public Citizen survey. Furthermore, as Stephen Colbert demonstrated, the Citizens United ruling made it much easier for unlimited funds to flow into politics.

Colbert proves just how dangerous the Supreme Court ruling can become. He jokes about the implications, but in Texas it is very real. In Texas, individuals as well as corporations have always had a major impact in elections and legislation. Most recently, a new Texans for Public Justice report shows that Bob Perry along with two conservative PAC’s gave substantial amounts of money to opponents of the new Home Owner Association Reform bill. Anther report by Texans for Public Justice shows that the Dallas billionaire Harold Simmons gave money to more than 61 percent of the Texas House of Representatives. Of that group, 83 percent of them voted in favor of the out-of-state nuclear waste bill. Public Citizen advocates for the government to serve the voters and not corporate special interests such as Bob Perry’s Homes or Harold Simmons‘ corporations. Public Citizen Texas fights for clean and fair elections through public financing, not corporate funded elections. We also want greater accountability in government. The public should know where political contributions are coming from, especially when corporations are involved. Because as Stephen Colbert said that the American Dream is about people working hard enough so “someday they can go on to create a legal entity which can then collect unlimited funds [for elections].”

Odwalla is donating $100,000 to plant trees in the United States this year. You have a vote in where those trees will be planted! Visit Odawalla and  plant your tree in Texas.

Each tree planted online equals $1 your state will receive to plant real trees in Texas State Parks. Last year more than $15,000 was raised for trees at Garner State Park. This year’s contest ends when there are 100,000 votes, so place your vote today! Texas ranked fourth in votes last year, being topped by Maryland, Pennsylvania and Michigan. Let’s put Texas in at the top this year!

Plant your tree today! www.odwalla.com/plantatree

Drought plagued cotton field in Lubbock, Texas just two weeks ago - photo by Betsy Blaney, AP

More than half the state of Texas is now gripped by the most extreme level of drought measured by climatologists and as I look out my window at the lush green strip of lawn in front of the office building across the street, I wonder how long they will be able to keep watering to maintain that look.

A report released Thursday by national climate experts shows that Texas saw the highest levels of drought — rated as “exceptional” — jump from 43.97 percent of the state to 50.65 percent of the state.  Folks living in these regions of the state are experiencing thousands of wildfires, dried up grazing land needed for cattle, and the loss of thousands of acres of wheat and other crops.

It has been estimated that Texas farmers and ranchers have already lost $1.5 billion in revenues this year, and officials say if the drought continues into June, losses will top $4 billion, making it the costliest season on record, impacting the entire nation since Texas is the nation’s second largest agriculture producer .

Texas could be well on its way to breaking the record of 2006 as we contemplate this May’s estimated rainfall totals, which were only about 1-1/2 to 1-3/4 inches of rain across the state.  This would make the March-May spring period the driest on record once the totals are confirmed.

Texas has a long history with droughts,  but it is still early and we will have to wait a bit to determine how this year ranks in the history of Texas droughts, but it is not looking good and so far the governor’s call for prayer for rain has yet to be answered.

The persistent drought in the south comes even as too much rain has been falling to the north with flooding prompting wide-spread evacuations, and tornadoes spawning as disturbances move through from Dallas north and eastward, devastating communities in their wake.  How much weather related devastation do we have to endure before our governments begin to seriously consider means to mitigate the effects of climate change?

In  an energy  article published todayThe New York Times reports German Prime Minister Angela Merkel abandoned plans for extending the life of Germany’s nuclear power plants and ordered them to be closed by 2022.

This is a stunning reversal of energy policy for the German Chancellor considering she approved plans 9 months ago to extend the country’s nuclear power plants.  The decision, still facing legislative approval, was popularly endorsed by environmental groups and expected to be warmly received by voters.

In recent days, hundreds of  thousands of protesters have taken to the streets  demanding for the end of nuclear power dependency  spurred on by the  nuclear meltdown at the Fukushima plant in Japan. Reportedly, the nuclear crisis has been believed to have been the culprit for Mrs. Merkel’s party losing control in the election of the  German state of Baden-Württemberg for the first time in 58 years. The election was based on a energy policy referendum.

Switzerland recently unveiled their plan to phase out nuclear power dependency by cutting plans to build new nuclear plants and  promising to close nuclear plants when they reach the end of their normal operating lives. However, surrounding European states, France, the Netherlands, and Poland, still remain committed to building new nuclear power plants or maintaining their current nuclear plants.

What can the state of Texas take from this new German energy plan? Well, admittedly not much.

After a recent legislative session spent passing SB 1504, A.K.A Simmons’ Bill, and SB 1605, another Harold Simmons/WCS led bill on the Texas Low-Level Radioactive Waste Disposal Compact Commission, Texas Legislature sadly is not in a position to propose new aggressive measures to phase out nuclear power dependency. But the people do have a voice.  Write your congressmen and representatives, and if you live close to a nuclear plant, attend town hall meetings and ask poignant questions on nuclear power. Demand a nuclear-free Texas.

Walter Demond

Walter Demond

A Kendall County jury found former Pedernales Electric Cooperative legal counsel Walter Demond guilty of all three felony charges outlined in his June 2009 indictment.

Demond was found guilty of theft, misapplication of fiduciary property and money laundering. The jury recommended that Demond receive 10 years probation and be required to pay a $10,000 fine for illegally diverting funds from the cooperative’s members. As a condition of probation, State District Judge Dan Mills ordered Demond to serve 500 days in jail and pay $212,000 in restitution.

Today, several Texas environmental organizations spoke up on the recent Texas legislative session and their failure to protect public health or achieve clean energy jobs potential for the state.  Sierra Club, Environmental Defense Fund, Public Citizen, and SEED Coalition hold Texas State Legislators accountable for missed opportunities to both protect public health from big energy polluters and create jobs in the growing, global clean energy economy.  

A full year before the session started, environmental groups, business, health, and community leaders from across the state were calling on the Texas Legislature to protect Texans’ health, air, water, and land from pollution, to implement serious protections and build the clean energy economy and create new long term jobs in the state.  The Texas Legislature took some steps but missed a big opportunity to move beyond a fossil fuel economy in this state. 

FAILURE TO IMPLEMENT SERIOUS OIL AND GAS PROTECTIONS

The Texas State Legislature passed the nation’s first state statute to require the disclosure of water volumes and names of chemicals and additives used in the hydraulic fracturing (“fracking”) process in the production of natural gas.  Unfortunately due to last minute lobbying by some industry players on the Senate side, the rules for that list are not required until July of 2013.   Also problematically, the provision that allows operators, suppliers and service companies to ask that certain chemicals or additives not be disclosed by declaring them trade secrets is too favorable to industrial polluters and hard for the public to challenge.

Beside weakening the gas fracking disclosure bill, the Texas Legislature:

  • Failed to pass a “sunset” bill making changes in the Railroad Commission of Texas (the state agency that regulates oil and gas activity);
  • Failed to pass a “sunset” bill making changes at the Public Utility Commission to reform the governing structure of ERCOT and open up the market for renewable energy;
  • Failed to pass a Texas Energy Planning Council to look at a transition toward clean energy and away from dirty coal plants.
  • Failed to find a better funding mechanism for the agency other than continued reliance on general revenue.
  • Passed SB 1134, which delays the implementation of new TCEQ rules on air emissions from oil & gas operations including fracking in the rapidly developing Eagle Ford and other shales beyond the already much-abused Barnett Shale;  and,
  • Failed to pass any additional protective measures related to oil and gas regulation such as pipeline safety, saltwater disposal regulations and green completions of wells; and,
  • Protected private industry from local governments recovering damages from global warming emissions.

ENERGY EFFICIENCY & RENEWABLES

The Legislature passed a dozen, ‘small’ electricity energy bills this session that will help the state reduce the amount of energy we burn, lower customer’s energy bills, further eliminate the need to build new power plants and reduce the amount of pollution that’s produced as a result. 

Click here for a full list of the good energy bills that passed this Session http://texasgreenreport.files.wordpress.com/2011/06/a_bakers_dozen_good_energy_bills_in_82nd_texas_legislature.doc

Among the good bills passed this session were:

  • SB 1125, which modernizes the energy efficiency goals and programs that investor-owned utilities must run;
  • HB 51, which will require the State Energy Conservation Office to adopt high-performance buildings standards for state agency and university buildings,
  • HB 362, which will require Homeowner Associations to set up the rules to allow homeowners to add solar or other cool roof technologies, and,
  • SB 981, which will clarify that third-party ownership of on-site solar is allowed in Texas, allowing both residential and commercial building owners to lease their roof-space and buy back the energy from solar companies.

While small steps, taken together, these dozen bills should help create jobs in Texas and open up opportunities for energy efficiency and on-site solar.

However, the Legislature failed to move more significant solar power bills — a state solar incentive program, guaranteeing a fair buyback rate for homeowners who generate excess electricity from their solar panels, or an expansion of the state’s goal for solar and other non-wind renewable energy, which has languished at the PUC since it was first passed in 2005 resulting in Texas shuffling towards the 21st century energy economy while other states are in an all out sprint to attract the growth and jobs that innovators and new industry will bring.  In a state known for big ideas and big things, small steps are not enough to attract new businesses and it’s disappointing to see Texas stand on the sidelines.

OTHER ENERGY-RELATED ISSUES:

The Legislature passed the Texas Commission on Environmental Quality Sunset bill re-authorizing the agency charged with protecting Texas environment.  The Sunset bill passed with penalties for air pollution increased from $10,000 per violation to $25,000.  However, the Legislature made it harder for citizens and attorneys to produce discovery in contested case hearings.

In an act of utter disgrace to Texas, the legislature opened up the state to become the nation’s radioactive waste dump by allowing 36 additional states to send their radioactive waste to the Andrews County Waste Control Specialists site that was originally intended only for Texas and Vermont ‘compact’ waste showing a complete disregard for Texas’ health and safety and pandering to a Dallas billionaire and his waste empire.  Even basic amendments such as studying transportation risks on our highways and whether emergency responders are trained and equipped to deal with an accident involving radioactive waste were struck down.

Some legislators deserve huge credit for trying to improve bills that passed this session, but overall, money ruled the day instead of common sense and decency.