Just When You Thought it Was Safe to Catch a Few Solar Rays

Needs Some Work

As I wrote here recently, the hasty demise of anti-solar House Bill 2701 raised more questions than it answered. One of those questions is: Why did Arizona’s Speaker of the House, Representative Kirk Adams (R), say that HB2060 was evidence that he and his colleagues support solar power and are “send[ing] a clear message to global industries: we want you in Arizona.”

Speaker of the House Rep. Kirk Adams (R)

The bill he cited is about land conservation and state parks. It says nothing about renewable energy.

Speaker Adams didn’t return a call, but I reached a House Republican spokesperson and asked him for an explanation.

The bill, he said, may not mention renewable energy, but it shows support for parks and the environment. I pointed out that in his statement, Adams specifically said that HB2060 provides incentives for renewable energy. After a pause, the aide said he’d look into it.

Adams Takes a Mulligan: HB2676

Apparently, he did. Representative Adams’ Web-based press release has been updated. It still has Thursday’s date at the top, but the example of support for renewable power has been changed. The “solar friendly” bill is now listed as HB2676.

On his second try, Adams’ has grabbed what appears to be a plausible brass ring: HB2676. It’s titled: Energy Park Authority.

That sounds solar friendly — or at least supportive of renewables.

On the other hand, the Bush Administration’s “Healthy Forests Act” was a Luntzian device which would have been more properly titled “Leave No Tree Behind.” A measure of strict scrutiny is in order.

The official bill summary reads:

HB 2676 creates the Energy Park Authority (Authority), which administers monies primarily received from a new property class designation for electric generation facilities, in order to facilitate new transmission and renewable or noncarbon based generation facilities.

The bill has two items to please supporters of renewable energy. Under definitions, an Energy Park is defined as:

At least two renewable or noncarbon-based generation facilities and the associated transmission lines interconnected together that are codeveloped for the purposes of receiving incentives…

So far, so good.

Those familiar with the inside workings of the Arizona Corporation Commission — the single most powerful governmental ally of solar and renewable energy in Arizona — tell The Phoenix Sun that the worst part of HB2701 was the legislature’s attempt to destroy ACC’s independence — to take for itself, the commission’s ability to set energy standards and regulations.

No one who knows anything about Arizona politics would claim that if it had been up to the legislature, the state would have adopted a renewable energy standard of 15% by the year 2025.

Clear as Mud

HB2676 seeks to allay the fears of ACC supporters. It includes a clear statement on turf:

Nothing in this chapter diminishes the authority or jurisdiction of the Arizona Corporation Commission as provided by Article XV, Constitution of Arizona.

End of power grab?

Not so, says Sandy Bahr.

While [the bill] says there is no conflict with the powers of the Arizona Corporation Commission, it most certainly seems there is. The people who crafted it either have no idea how the current system works or are deliberately trying to create a big mess or both.

Sandy Bahr, Sierra Club

Bahr is the director of the Sierra Club’s Grand Canyon Chapter. She’s either an excellent advocate for the environment or a gadfly slowing down and sometimes stopping the important working of the Arizona legislature — depending on your outlook, ideology and, of course, who signs your paycheck.

Asked to explain her remarks, Bahr points out that the proposed Energy Park Authority would be responsible for power station siting decisions — a job now reserved for the ACC. It’s like proposing a new lawrequiring a panel of pet store owners to set air pollution standards — and inserting a section stating that nothing in the new law diminishes the authority of the Arizona Department of Environmental Quality.

Stalling in the Court

HB2676 would create a constitutional crisis that could take a year or two to be resolved. And during that period the ACC’s hands would be tied. Which is why Bahr thinks it’s possible that the “solar friendly” bill might be designed to create maximum chaos and choke the life out of the state’s solar industry.

Bahr also points to the makeup of the board of directors for the new Energy Park Authority, which would include a senator, a house member, someone from a regulated utility, an expert in transmission planning and a few other members. Looking a the list, Bahr poses a reasonable question:

“If [the Energy Park Authority] is going to be used for siting renewable energy,” she asks, “why no experts with backgrounds in renewable?”

For a bill that’s supposed to be a model of “renewable friendly” legislation, the bill has some other peculiarities. We’ll turn to them, tomorrow.

Then we’ll look at Plan C, which is the greatest threat to the future of solar power in Arizona. It’s also the one most likely to succeed.

Arizona Speaker of the House Rep. Kirk Adams

Yesterday, Speaker of the Arizona House, Republican Kirk Adams, sought to “set the record straight” and put the political crisis caused by HB 2701 behind him. First, he had to cowboy up and place the blame where it properly belonged.

If you guessed that Adams took some responsibility for the debacle, as the “leader of the House” (as he put it) and as one of the bill’s sponsors, well, you don’t know our Speaker.

It was all the media’s fault.

Setting the Record Straight

“Recent news stories have depicted the Arizona House of Representatives as being anti-solar energy,” Adams said. “I wish to set the record straight.”

In Thursday’s press release, Adams sought to dispel this media-created false image of an Arizona House “unconcerned about the development of emerging renewably [sic] energy technologies.”

Adams was very clear about the House’s record of supporting solar and other renewable energy sources. After speaking in generalities, Adams cited two bills by number as evidence that the House he leads is pro-renewable.

The passage last year of SB1403 further propelled Arizona to the forefront internationally as an attractive location for renewable energy companies.

Adams is dead right about SB1403 — it received international praise and showed that Arizona was serious about becoming the “capital of solar power.” And passing it in the House was a difficult but ultimately successful battle. Of course, it would have passed more easily if Speaker Adams had supported it. But he opposed SB1403, voting “No” on the bill he now touts as a shining example of Arizona’s commitment to renewable energy.

Sending a Clear Message

The Speaker’s reference to a second bill is even more confusing.

“We have not rested on our past accomplishments,” he assured the world, “and continue to move forward with legislation like HB2060.” That bill, Adams declared will “send a clear message to global industries: we want you in Arizona.”

The bill is titled, An Act Amending Section 41.511.23, Arizona Revised Statutes: Making an Appropriation: Relating to Public Conservation Monies.

If that doesn’t seem like a clear message of support for renewable energy, you needn’t bother reading the six page bill text. It doesn’t make the link with renewable energy any more understandable. HB2060 deals with moving money around between state funds for park operations and conservation land purchases. There’s no mention of renewable energy. Or energy of any kind.

Speaker Adams was unavailable to answer questions about how HB2060 relates to renewable energy.

Rep. Debbie Lesko, author of HB2701

What we’re left with is not terribly reassuring to supporters of renewable power thinking of bringing jobs to Arizona. All we know so far is that HB2701 was withdrawn after renewable power companies, utilities, hundreds of citizens and the major state papers, all condemned it — with some major solar businesses threatening to leave the state or to call off plans to move here, if the bill wasn’t killed.

Having the bill withdrawn was a good thing. But let’s call it what it was: a panicked cut-our-losses response to a rapidly deteriorating political situation for the state Republican party.

Speaker Adams’ press release isn’t so much an effort to “set the record straight” as it as an attempt to throw a cover over a record too unpleasant to be seen — least of all, by voters.

Late this afternoon, Arizona Governor Jan Brewer’s office issued a brief statement saying that House Bill 2701 — widely condemned by opponents who called it “the death knell of the solar industry” in Arizona — had been withdrawn by its primary sponsor, Representative Debbie Lesko (R-9).

The full statement reads:

“Representative Lesko’s wise and thoughtful actions today to withdraw HB 2701 should be lauded. This sends a clear and united message to employers around the world - Arizona remains the premier destination for solar industries.”

Rep. Lesko’s office is referring calls to the House Republican media office, which, in turn, is referring calls to the Governor’s message.

Statement by Speakers Office

Earlier, Speaker of the House, Representative Kirk Adams (R-Mesa) issued the following press release:

“Recent news stories have depicted the Arizona House of Representatives as being anti-solar energy, and unconcerned about the development of emerging renewably [sic] energy technologies. As the elected leader of the House I wish to set the record straight.

For years the Arizona House, in partnership with the Arizona Senate and Governor, have planned and set policy to attract renewable energy industries to provide for our own energy needs, improve the environment, and create jobs.

For example, Arizona has renewable energy property tax incentives, solar installation tax credits and investment income tax credits for new and expanded operations with lowered property tax classification.

The passage last year of SB1403 further propelled Arizona to the forefront internationally as an attractive location for renewable energy companies. Even so, we have not rested on our past accomplishments and continue to move forward with legislation like HB2060. This legislation will provide additional incentives for renewable energy and send a clear message to global industries: we want you in Arizona.

As a high-growth state, Arizona must have an energy plan to match our energy demand, now and in the future. Renewable energy, and solar in particular, must play a vital role. Moreover, renewable manufacturing, research and development, generation, and installation will be a key source of new jobs and help pull our state out of the recession.

When it comes to renewable energy policy, Arizona takes a back seat to no one, not Texas, not Oregon. We fully intend to keep it that way.”

SB1403 was seen as a major victory for solar manufacturing in the state. Adams’ reason for referencing HB2060 is a bit more obscure. That bill deals with land conservation and makes no mention of energy issues.

HB2060 can be downloaded here (pdf)