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Prop 7 and the SF Clean Energy Act are Not the Same Thing

by: Brian Leubitz

Tue Aug 12, 2008 at 11:57:05 AM PDT


I do some work for No on Prop 7.

I noticed Jeremy Wade's editorial in Beyond Chron, and while I might agree with the odd point here and there, he misses the forest for the trees.  First, before we discuss the important issues raised surrounding solar and clean energy, I should point out that the allegations (also picked up at LA-ist) made against some of the environmental organizations are just not true.  I have confirmed with several of the groups that they have not taken money from the utilities. I haven't made an exhaustive search of these records, but let's just toss that stink bomb aside. It's only meant to be sensational, and create divisiveness within the environmental community. Such accusations against groups that have fought valiantly for clean energy are not helpful to a conversation about the future of renewables. UPDATE: I was mistaken about at least one of the groups, CLCV. They have taken some money from PG&E to their IE committee.

Bob's post today about the San Francisco Clean Energy Act  brings up the other issue: conflating the two initiatives.  They are not the same thing. The Clean Energy Act seeks to get to 100% renewables in SF. That's a good thing, especially with Al Gore's challenge to do so within 10 years.  But that act is not connected to Prop 7. The SF Clean Energy Act has gone through public hearings, was placed on the ballot by a majority of the Board of Supervisors, and has a long list of endorsements, including several environmental organizations, Asm. Mark Leno and former PUC General Manager Susan Leal. In fact, I personally support the SF Clean Energy Act.  But let's be clear: the SF CEA is not the same thing as Prop 7.

The endorsement list for Yes on 7 is considerably shorter, consisting mostly of a few local officials that former SF Supervisor (and current Yes on 7 Consultant) Jim Gonzalez knew from back in the day. As to those environmental organizations: they are overwhelmingly opposed to the measure. Toss in the California Young Democrats, the California Labor Federation, and the California Solar Energy Industries Association, and you have a pretty robust coalition in opposition to a a renewable measure. Why? Well, the measure enscribes some flawed legislation into law, and changes require a 2/3 vote of the Legislature.

Peep the flip for a quick summary of those objections.  

Brian Leubitz :: Prop 7 and the SF Clean Energy Act are Not the Same Thing
Really Briefly, here are some major problems with Prop 7.  I'll get into each of these in more detail eventually.

1) Pricing: Prop 7 would require providers to purchase renewable power when it is within 10% of market price. Sounds great, right? The problem is that in the near term, this provides an excuse to the retailers not to buy renewables b/c they are over that price. In the long term, the pricing policy totally eliminates the incentive to reduce prices for renewables. Eventually, we will get to the point that renewables are cheaper than the dirty stuff, but why bother to make it cheap when the companies have to buy it at 10% over the overall market rate?

2) Siting: The real problem with siting isn't really the NIMBYism (although that is a problem), it's that we need better transmission. How do we do that? We create renewable "zones" where we can transmit power back to population centers, not herky jerky where anybody has land available. There are a bunch of other, really technical issues here.

3) The loopholes: Prop 7 formalizes a "good faith" exception. If they can't find the energy in "good faith" they face no penalties. In the short term, the interplay with the first problem, could create a large loophole. Basically, if the price of renewables exceeds 10% over market, then the retail power sellers don't have to buy it.

4) The risk to small providers: There's a really scary drafting error in Prop 7 that could kill providers that produce less than 30MW. I can explain the problem in more detail if you want, it's a legal interpretation thing. This is part of the lawsuit last week.

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You Should Have Done the Exhaustive Search (0.00 / 0)
Hey Brian!
Thanks for the post.  I hate using the secretary of states website because it is hard to do an exhaustive search.  However since you are the author you should have rather than relying on a phone call to an environmental group. I expected more given your affiliation to one of the sides.  In 5 minutes I was able to find the following:

League of Conservation Voters
02/12/2007  $12,500 from PG&E
03/22/2006  $5,000 from PG&E
05/26/2005  $5,000 from PG&E

I think you get the point.  So much for setting aside that stink bomb.  


my bad (0.00 / 0)
As you mention, there are a lot of committees for CLCV. I'm not sure what that money was for, but I know they have worked together on ballot initiatives in the past. Most notably, the eminent domain initiatives, 90, 98, and 99.

I'll look into these

I'm proud to work for Kamala Harris for AG.


[ Parent ]
Well... (0.00 / 0)
Prop 7 isn't perfect, but most of these arguments Brian makes are not so cut and dried. Virtually all of them are the subject of intense debate. Few firm answers exist.

1) Pricing: The cap is 110% of the market price. But at the same time the initiative would strengthen the rules so that retailers have less wiggle room to escape the mandate to purchase the power. Further, if we promote clean energy without price caps, it's possible that a short-term spike in rates might destroy the political will to proceed with even more ambitious goals. Neither the ideal nor the catastrophic outcome brian paints here are set in stone.

2) Siting: The initiative has very strong rules limiting where new powerlines can go. For example, the Mojave Desert Protection Act and all other environmental land use rules must be scrupulously followed in order to build new transmission lines, and in the event environmental concerns do arise, the expedited approval process is ended and a more thorough review then begins.

3) "Good faith" rules already exist; Prop 7 would, its proponents argue, clarify and tighten them. I can't agree that Prop 7 creates new loopholes or worsens existing ones, even if its goals are not met.

4) This is probably the most contentious point of all. I've seen detailed arguments from both sides on this and as far as I can tell there is no certainty either way. Proponents are adamant that those producing less than 30MW aren't excluded and that this won't hurt them, and I have to say I've not seen an ironclad argument that suggests the proponents are wrong. They might be, and perhaps that's too risky itself, but possibility is not certainty.

You can check out any time you like but you can never leave


Hence, no (0.00 / 0)
When a law is so complex that there are significant ambiguities, and legitimate grounds for concern that unintended consequences will result, you should vote no. This is how we get in trouble through ballot box budgeting as you know. Liking the intent is insufficient reason to vote yes.

[ Parent ]
Except in this case (6.00 / 2)
what we know is that doing nothing or incrementalist slow-rolling (the current model in the Leg and among the enviros wavers between the two and then promises next year, next year, we'll do something) is definitively bad.  

So the alternatives are:  make a bet on something that's not entirely clear but at least moves in the right direction, or don't take any meaningful steps at all.

I swear, it's like nobody's done any risk modeling ever.  Definitive known downside vs. potentially messy upside.  Which one do you choose.  If the argument is that the potentially messy upside has some high-probability worse consequences than the definitive known downside, that argument would be worth making.  But I don't think I've seen that argument made.


[ Parent ]
The Young Democrats??? Seriously? (0.00 / 0)
Brian,
This is exactly what I am talking about.  There is a clear conflict of interest that these groups have an obligation and ethical responsibility to reveal.

The California Young Democrats are against this proposition.  Okay, that is fine.  Why?  Democrats and young people are overwhelming in support of clean energy.  Why are they opposed to this?  My concern is that when I look at the money trail.  I find the following:

7/24/2007 Sempra Energy to Young Democrats-$5000 (3rd largest donation)
8/18/2005 Southern California Edison - $1000

Now, we can go right down your list we find the same things.  The California Labor Federation made up of unions and labor councils. One of which is the Alameda County AFL-CIO

12/7/07- PG&E gave Alameda Labor Council - $8,000
1/29/07 & 4/29/08 SC*SB Building & Trades Council -$5000
6/13/07 & 12/5/07 San Mateo Labor Council - $6000

The point is you throw out these groups as a justification and each of them is financially backed by the same big energy companies trying to sink this.  

On any other day, this is the questionable influence of money you would question and criticize.  


Enviros and Utilities Have Long Ties (1.00 / 1)
The connection between the environmental orgs opposing Prop. 7 and the utilities is deeper than just money. The NRDC has a long and visible relationship with the Big Utilities and the Chair of the Young Dems is an employee of the NRDC, all of which isn't getting mentioned. I write about it here and respond to this post (above) at http://confusedinsolarcaliforn...  

And for whom do you work? n/t (0.00 / 0)


I'm proud to work for Kamala Harris for AG.

[ Parent ]
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