June 20, 2013

Key energy bill needs your support before Monday

Solar7An important energy bill that Sierra Club California supports, SB 43 (Wolk), is coming up in Assembly Utilities and Commerce next week (Monday, June 24). Two members of that committee represent districts in the Bay Chapter: Joan Buchanan and Susan Bonilla.

Please be in touch with these members, especially if you are represented by one of them.

SB 43 will expand opportunities for renters and others who don’t have access to renewable rooftop solar energy to subscribe to a medium-sized solar-energy project. The bill would establish a limited pilot project and would also require the Public Utilities Commission to develop a permanent shared-renewables program.

The energy produced would help reduce California’s reliance on dangerous energy sources like coal, natural gas, and nuclear energy. This bill will expand consumer access to renewable-energy self-generation programs, providing all customers with the ability to invest in offsite renewable-energy projects and receive a utility-bill credit in return. The pilot would create 500 megawatts of distributed solar generation within just over a year of the bill’s adoption. At least 20% of that would have to be available to environmental-justice communities that are impacted first and worst from climate change.

WhatYouCanDo

We anticipate that this bill will need an extra push through the committee. Assemblymembers Bonilla and Buchanan need to know that people support this bill. Please contact them and urge them to support Senator Wolk’s SB 43, Shared Renewable Energy Self-Generation.

The assemblymembers’ web sites contain the contact information for their capitol office as well as their district offices.

Bonilla: http://www.asmdc.org/members/a14/

Buchanan: http://www.asmdc.org/members/a16/

Kathryn Phillips, director, Sierra Club California

Don’t let utilities stop rooftop solar

Solar7Here’s the good news: the latest solar-jobs census is out and finds there are more than 43,000 Californians working in the solar industry!

That’s more people than work at Southern California Edison, Pacific Gas & Electric, and San Diego Gas and Electric combined. And, rooftop solar is just getting going: more people installing solar means more jobs for California.

Now for the bad news: those same utilities want to stop rooftop solar dead in its tracks. They’re working overtime in Sacramento and San Francisco (home of the Public Utilities Commission) to slow the growth of solar.

We cannot let that happen–but it will if you don’t act now!

Tell Gov. Brown and other state leaders to stand up to the utility lobby and support rooftop solar!

Why are utilities fighting rooftop solar? Plain and simple: competition. With more middle-class families going solar in CA, that’s fewer and fewer customers and less demand for big dirty natural-gas plants (the cash cow of the California utility).

Rather than giving their customers what they want (can you say MORE ROOFTOP SOLAR?), they’re looking for ways to kill the competition. Sacrificing good-paying jobs, clean air, and energy savings that benefit you and me? That’s fine by them if it keeps their customers tied to a dirty and expensive energy bill.

Tell Gov. Brown and state leaders to stand up for solar and create good-paying jobs that support our families and communities!

We cannot afford to allow the utilities to slow the growth of solar–one sector of our economy that is growing–just because the utilities are threatened by competition.

California’s solar industry is creating good-paying jobs, increasing investments in our communities, and growing the tax base to help fund education, fire and police protection, and other important local government services we all rely on.

Don’t let the dirty utilities end Californian’s opportunity to go solar. Send a message to Gov. Brown and your state leaders today.

Tell the Forest Service, “Don’t frack our national forest!”

currents_gwforestLast year, the Forest Service made an important decision when it proposed keeping dangerous and dirty oil-and-gas horizontal drilling and fracking out of the George Washington National Forest in Virginia and West Virginia.

This unique and beautiful forest supplies critical wildlife habitats, as well as recreation opportunities and clean drinking water, for millions of residents and visitors annually. The oil-and-gas industry is now pressuring the administration to allow fracking in this forest.

Send a message urging the Forest Service to stand firm in its plan to prohibit horizontal fracking in the George Washington National Forest and to protect this important forest’s water, wildlife, and recreational opportunities into the future for all to enjoy.

Currently there is no gas drilling in the George Washington and there never have been gas wells in the forest. It is an important recreational forest for visitors and local businesses alike–hosting more than one million visitors each year who enjoy hunting, trout fishing, hiking, camping, mountain biking, bird watching, and more. The George Washington’s forests and watersheds are perhaps more ecologically intact than any other national forest in the eastern U.S. which makes it particularly significant as a haven for fish and wildlife species. As a popular tourist destination, the George Washington also plays a significant economic role for the region. The George Washington is also a direct source of drinking water for over 262,000 people in nearby local communities and for some 4.5 million more people in the larger region.

The Forest Service should stand firm. The well-considered horizontal drilling ban, which is intended to limit or prevent fracking, was supported by the great majority (95%) of the more than 53,000 public comments the agency received, as well as by many local governments, businesses and landowners adjacent to the forest. The Sierra Club is urging the Forest Service to stick with its plan to prohibit horizontal drilling, and to strengthen it further by keeping sensitive areas off-limits to any drilling.

Our national forests belong to all Americans and should be managed and protected for the greatest good of our people and communities and the best long-term interests of our nation. The George Washington National Forest is a special place, a haven for wildlife and people alike, less than a day’s drive from our nation’s capital. This forest has never had oil and gas drilling and should not be subjected to the industrial development and habitat, air, and water degradation that drilling and fracking will create.

To send in your message to help protect this wonderful forest for its many wild and special ecological and social values, go to https://secure.sierraclub.org/site/Advocacy?cmd=display&page=UserAction&id=11309&s_src=113FZZNC02&s_subsrc=link.

Club opposes fracking-secrecy bills

stop-frackingThe Sierra Club has opposed two fracking bills in the legislature because each carries language that would put into statute trade-secret protections for fracking fluids; that is, that would allow oil and gas companies to withhold information about what chemicals they are injecting into the ground. Each also carries within that trade-secrets language a section that would create a gag on physicians that could delay or prevent dissemination of information about health hazards associated with fracking fluids.

Our friends at the Center for Biological Diversity and at Physicians for Social Responsibility-Los Angeles have also been overt opponents of the trade-secret and physician-gag pieces of the bills. Sierra Club national staff, including the legal team, have helped us develop our arguments, and Sierra Club California staff, interns, volunteers, and general activist members have all played a role in making sure the legislature knows where we stand on the trade-secrets issue.

One of the bills we have opposed, AB 7 (Wieckowscki), came up in Assembly Natural Resources Committee on June 12 and failed to get the votes it needed to get out. That means Sierra Club and our allies carried the day, thanks to all the help from so many parts of the Club.

If you have a chance, please send a hand-written thank-you note or quick call to Assemblymember Wesley Chesbro, who chairs that committee, and Assemblymember Nancy Skinner, who sits on the committee. Their “not voting” positions were important to kill the bill, and they care about what Sierra Club members think. You can find contact information for these legislators at http://assembly.ca.gov.

The other bill with same trades-secret problem is Sen. Fran Pavley’s SB 4, which has passed through the Senate and is now positioned to go through the Assembly committee and floor processes.

Below is our most recent oppose letter on AB 7. It explains our reasons for our trade-secret position.

June 10, 2013

The Honorable Bob Wieckowski
California Assembly
State Capitol Building
Sacramento, CA 95814

Re: AB 7 (Wieckowski)—Fracking—Opposed

Dear Assemblymember Wieckowski:

Thank you for the discussion you held last week regarding AB 7. Sierra Club California will continue to oppose the bill and I am sending this letter to highlight my organization’s opposition to the bill’s trade secrets provisions, the reasons for that opposition, and proposed bill language for an alternative approach to the trade secrets issue.

To be clear, Sierra Club California’s opposition to the trade secrets provisions in your AB 7 reflects the experience with fracking policy that Sierra Club members and staff members have had around the country. We have not come to this position quickly or lightly. It is borne of experience trying to ensure that fracking does not endanger public health or the environment, including water and air quality.

We oppose trade secrets protections for fracking fluids because such protections

a.) hinder the public’s ability to provide informed oversight of regulatory agency performance;

b.) prevent an accurate assessment of pre-fracking baseline conditions of soil and water and post-fracking results; and

c.) run contrary to other laws related to emissions into the environment.

On this last point, it’s worth noting that some have argued that fracking fluids should not be treated any differently from any other trade secret protected product. This assumes that products that emit toxics into the environment are the same as any other product. In fact, they are not. Numerous federal statutes explicitly disclaim trade secret exemptions for chemicals introduced into the environment, such as effluent discharges under the Clean Water Act and air emissions under the Clean Air Act. Because of the significant risk of chemicals used in fracking escaping to ground or surface water, and because soil contamination is inherent in their use, comprehensive disclosure is similarly necessary here.

Sierra Club urges that you eliminate the trade secrets provisions in AB 7, including the physicians’ gag, and instead amend into the bill language that will proactively protect the public’s right to know. Here is proposed language to replace Sec. 3203 (c):

An operator or supplier must disclose the chemical composition of additives as required by subsection (b), and the division shall make this information public, notwithstanding any provision of law relating to trade secrets or confidential business information, including but not limited to the Uniform Trade Secrets Act, Civil Code § 3426 et seq., the Public Records Act, Government Code § 6254.7 (d), and Section 1060 of the Evidence Code.

We ask you to provide this direction to ensure the public has needed access to the information to protect public health and the environment

Sincerely,

Kathryn Phillips
Director
[Sierra Club California]

Cc: Assembly Natural Resources Committee Members and Staff

Tell Vice President Biden: no Keystone XL tar-sands pipeline

KXL_Recruitment_PosterFriday, June 14, 4:30 pm, meet at the corner of 25th Avenue and El Camino del Mar in Sea Cliff, San Francisco (map).

Vice President Biden is coming to San Francisco on Friday–and Sierra Club supporters like you will be there to demand that he and President Obama block the Keystone XL tar-sands pipeline!

We’re joining with our friends at CREDO, 350.org, the Energy Action Coalition, and other groups to make sure that everywhere President Obama and Vice President Biden go, they see the climate movement all around them. On Friday, it’s San Francisco’s turn to remind them that the country can’t afford a broken promise of climate leadership.

For questions contact Jessica Eckdish at jessica.eckdish@sierraclub.org or (202)548-4598.

Can you make it? RSVP at: http://action.sierraclub.org/SanFranciscoNoKXL.

Activists like you have only a few weeks left to show President Obama, Vice President Biden, and secretary of state John Kerry how upset you’ll be if they approve Keystone XL. This administration has made great climate progress on clean energy and vehicle standards, but so much of it will be wiped away if the United States does not stand up to the tar sands.

Friday is an important opportunity to remind Vice President Biden of what the administration has promised to do. Come out to tell him “No KXL” in San Francisco!

Get solar power on your roof

300x225_sungevity_v2Spring. Sunshine. PG&E bills. Climate change.

Try again:

Spring. Sunshine. Solar panels on your roof. Your electric meter running backwards. Powering your home and lifestyle with clean renewable energy.

Isn’t it time for you to check out the Sierra Club’s Solar Homes Campaign?

Spring. Sunshine. A $750 gift card for you when you sign the contract. $750 for the Sierra Club too.

Get your free, no-obligation information now at www.sierraclub.org/solarhomes.

More exemptions for Hayward power plant?

View of Russell City Energy Center from the Bay Trail. Photo by HARD general manager John Gouveia.

View of Russell City Energy Center from the Bay Trail. Photo by HARD general manager John Gouveia.

The plant was certified by the California Energy Commission (CEC) in 2007 despite major problems.

  • Hayward was and is still identified by the Bay Area Air Quality Management District (BAAQMD) as one of six ‘CARE communities’ (11 cities), out of the hundreds of cities/towns in BAAQMD’s nine-county authority, which are the most disproportionately impacted by air pollution.
  • BAAQMD concluded that Russell City would be the sixth-largest stationary source of air pollution in the Bay Area. (Somehow BAAQMD and the CEC also determined that the plant would have no impact on health.)
  • The plant is demonstrably not needed. Its certification violated the state’s energy “loading order” at the time and still does.
  • CEC aviation staff recommended rejecting Russell City due to aviation safety issues–the plume of condensing steam from its smoke stack would be a hazard for planes approaching the nearby Hayward Executive Airport, and perhaps also Oakland International Airport. (The Commission used this as a reason not to certify the Eastshore energy plant, under consideration at the same time, but not for Russell City.)
  • Significant endangered-species, environmental-justice, and aviation-safety issues were not addressed.

So now Russell City has a permit to spew over four billion pounds of CO2 into the air every year for the next 30 years. The owner/operators hope to be on-line by the end of the year.

And the operators have petitioned the CEC for a fourth amendment to the certification (see http://www.energy.ca.gov/sitingcases/russellcity_amendment/amendment_four/index.html). The CEC has granted some of their requests; others are still in progress:

  • to be released from providing any mitigation at all to the Hayward Area Recreation and Park District (HARD) (granted);
  • to change the timing (granted) and kind (in process) of landscaping mitigation;
  • to place their sulfuric acid tank less than 50 feet from combustible or flammable materials (granted);
  • for extra time to conduct “conformance tests” on the turbines (in progress).

This last request could be key. We don’t have full technical understanding, but we suspect that they may have problems meeting their already too-high emissions allowance, and we have serious concerns about any changes to the testing requirements.

HARD is fighting the amendments and is attempting to get some of the plant’s neglected issues dealt with, including:

  • visual impacts;
  • impacts on the wildlife of the HARD shoreline;
  • the lighting plan–which on the one hand is inadequate for aviation safety, but on the other hand a hazard to wildlife;
  • the routing of aircraft upwind of the power plant directly over the Hayward Shoreline, which impacts wildlife and visitors to the HARD Shoreline Interpretive Center and HARD shoreline programs.

In a poll conducted by the Interpretive Center, over 80% of respondents said they would reduce or end their usage of the Interpretive Center and other HARD shoreline programs if the power plant begins operation. Since funding is in part tied to visitor usage, plant operation could result in the closing of the most-utilized Bay interpretive center in the entire estuary.

The Hayward shoreline contains a preserve for the endangered salt-marsh harvest mouse, one of the most productive least-tern breeding colonies in the state, snowy plover, clapper rail, and many other federally and state-protected species. This shoreline is part of the San Francisco Bay South Important Bird Area (IBA–a designation by the Audubon Society for the most important avian habitats). Of the over 150 official IBAs in California, Audubon ranks SFBS among the 10 most important. Over 500,000 birds migrate through the SFBS-IBA during the spring migration alone.

Ernest Pacheco, erniepacheco@cwa9412.org or (510)677-8452

New federal-lands fracking rules completely inadequate

A fracking facility. Photo by Shane Davis, Rocky Mountain Chapter, Sierra Club.

A fracking facility. Photo by Shane Davis, Rocky Mountain Chapter, Sierra Club.

On May 16 the Department of Interior’s Bureau of Land Management (BLM) announced its latest fracking rules for shale drilling on federal lands, which were last revised in 1988. These draft rules completely fail to honor President Obama’s 2013 State of the Union address, where he pledged to do more to combat climate change for the sake of our children and our future.

In response, Michael Brune, executive director of the Sierra Club, issued the following statement.

“The Sierra Club is alarmed and disappointed by the fundamental inadequacy of the Bureau of Land Management’s new proposed fracking regulations. After reviewing the draft rules, we believe the administration is putting the American public’s health and well-being at risk, while continuing to give polluters a free ride. The draft BLM rules ignore the recommendations of the president’s own shale-gas advisory committee, which called for transparency, full public chemical disclosure, environmental safeguards, and pollution monitoring.

“Although no amount of regulation will make fracking acceptable, the proposed BLM rules fail even to take obvious steps to make it safer. This proposal does not require drillers to disclose all chemicals being used for fracking and continues to allow trade-secret exemptions for the oil-and-gas industry. There are no requirement for baseline water testing and no setback requirements to govern how close to homes and schools drilling can happen. The new rules also continue to allow the use of toxic diesel fuel for fracking, as well as open pits for storing wastewater — two practices that we know to be environmentally hazardous.

“If President Obama honestly wants to tackle climate change, then he must look for every opportunity to keep dirty fossil fuels in the ground and to double down on clean-energy solutions like wind, solar, and energy efficiency. The last thing we should be doing is opening up still more public land to drilling and fracking.”

Governor’s Revision delays greenhouse-gas funds

Sierra Club California logo.On May 14 Gov. Brown released the May Revision of the 2013-14 budget. It’s short and not sweet. Specifically, the governor has decided to allow the Department of Finance to hold up to half a billion dollars in revenues from the cap-and-trade auction as a loan. That is, that money will not be spent on projects that will reduce greenhouse-gas emissions this year. The administration claims the loan will be repaid in a year, but no specific repayment schedule is outlined.

This is disappointing, to say the least. Holding the money as a loan makes the state budget look better, but diminishes the opportunity to reduce greenhouse-gas emissions.

Sierra Club California director Kathryn Phillips stated, “This decision will delay opportunities to use those funds to capture critical reductions in global-warming pollution at a time when all science shows that we must reduce those emissions as much and as quickly as possible.

“This shift in funds is extraordinarily disappointing. The governor is using bizarre accounting to ‘balance’ the budget, and making future generations pay the price with climate disruption.”

Today the California Air Resources Board released its revenue investment plan for the cap-and-trade auction. Appendix B provides the easiest-to-read line-up of the kinds of projects that could be funded with the auction revenues.

Fracking-moratorium bills move in Assembly

A fracking facility. Photo by Shane Davis, Rocky Mountain Chapter, Sierra Club.

A fracking facility. Photo by Shane Davis, Rocky Mountain Chapter, Sierra Club.

Three bills that would place a moratorium on fracking in California, until there is certainty that the practice isn’t harming public health and the environment, passed their first hurdle in the Assembly on April 29.

At a packed hearing of the Assembly Natural Resources Committee, environmental groups, environmental-justice organizations, and residents from around the state testified in favor of the three bills. Sierra Club California members and staff were there as well, supporting the bills.

The bills, AB 1301 by Richard Bloom (D-Santa Monica), AB 1323 by Holly Mitchell (D-Los Angeles), and AB 649 by Adrin Nazarian (D-Sherman Oaks), are evidence of the growing concern that hydraulic fracturing (fracking) is being conducted by the oil industry in California with virtually no regulatory oversight or monitoring.

Fracking is the practice of injecting harsh chemicals and pressure underground to break up rocks or other substrate to make it easier to capture oil or natural-gas deposits. In many parts of the country, fracking has been used in abundance to mine natural gas and the results have included groundwater and surface-water pollution, air pollution, and even earthquakes.

In California fracking has been used in more than 600 oil wells. Many people anticipate that fracking could escalate here as the Monterey Shale formation is exploited. That formation covers about 1,700 square miles, from Los Angeles County to the northern San Joaquin Valley and west to the coast.

Earlier this year, under pressure from advocacy groups, including the Sierra Club, the agency responsible for oil-well permitting, the Department of Oil, Gas, and Geothermal Resources (DOGGR), finally began a long process to develop fracking regulations. Early drafts of those regulations are disappointing, and Sierra Club volunteers have been among those who developed an extensive comment letter to the agency and then also showed up at workshops about the preliminary draft.

DOGGR’s history of essentially rubber-stamping oil permits that include fracking activity, and the weak condition of the preliminary regulations, underscore the need to place a moratorium on fracking. A time-out will help get California’s house in order.

The moratorium bills now move to the Assembly Appropriations Committee. There committee members and the chair, Assemblymember Mike Gatto (D-Silver Lake), will decide whether the bills will be let out of that committee and go to a floor vote.

reprinted from Capitol Voice, newsletter of Sierra Club California