Friday, May 8, 2009

Blog # 11 EarthDay - NO more water for Nukes! And Help for homeowners: Lemon Law (H.O.B.B.) - Plus, several good bills supported at Ways & Means

April 22, 2009




Environmental Regulation Committee

HB 2721  Relating to the procedure used by the Texas Commission on Environmental Quality in acting on certain applications for a permit, permit amendment, or permit renewal for a nuclear electric generation facility.



Following is background on the bill from SEED Coalition.Org and their action alert e-mail list-serve:


HB 2721 threatens to fast-track water permits for nuclear plants, which use vast quantities of water. Water is precious, and Governor Perry has just requested federal aid for all 254 counties in Texas due to a statewide drought. Water permits should be given careful scrutiny, and not be rushed. The bill would actually deny citizens the right to a contested case hearing for these water permits!


HB 2721 Authors:  Dan Flynn (NE Texas),  Bill Callegari (Katy),  Phil King (Weatherford), Tim Kleinschmidt (Bastrop area), Randy Weber(Pearland, his district includes Bay City - home of South Texas Nuclear Project)


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Nuclear plant water use:

Nuclear plants consume vast quantities of water. If built, the two proposed nuclear reactors at Comanche Peak would use 104,000 lake acre/

ft per year and roughly 2/3 of the water evaporates.  Other nukes are equally bad. NRG wants two more reactors at the South Texas Project as well.

Each proposed Comanche Peak reactor would use 30,000 gallons of water per minute.  The water becomes laced with biocides, algaecides, sediment control and pH adjustor chemicals for use in a reactor. Some, but not all of this water would be treated, and would be returned to the already contaminated reservoirs. Radioactive tritium from nuclear reactors can contaminate water.


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Democracy and citizen rights:

It would also deny citizens the right to a contested case hearing!  There is no excuse for not allowing citizens to have a hearing on these water permits at the State Office of Administrative Hearings.  Often permits are improved greatly through this process, and it doesn't take long.


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No energy crunch, no need to rush:

We're not in a crunch for energy that justifies the fast-tracking in the bill either.  Luminant (TXU) is set to retire up to 3800 MW of gas plants. Some are old and dirty and should retire, but some are relatively new combined cycle plants. ERCOT has said the grid will be fine with the first round of these retirements - 2100 MW, and it's likely that they'll later OK the full package. They wouldn't approve these gas plant retirements this if there were a serious demand problem. In fact, with the economic downturn, it's time that the state projections of growth in electric demand be re-examined.


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Tell Environmental Regulation Committee Members - Vote NO on HB 2721!


Chair: Rep. Byron Cook, Corsicana

(512) 463-0730   byron.cook@house.state.tx.us


Vice Chair: Rep. Warren Chisum, Pampa

(512) 463-0736   warren.chisum@house.state.tx.us


Rep. Lon Burnam, Ft. Worth

(512) 463-0740  lon.burnam@house.state.tx.us


Rep. Jim Dunnam, Waco

(512) 463-0508   jim.dunnam@house.state.tx.us


Rep. Jessica Farrar, Houston

(512) 463-0620   jessica.farrar@house.state.tx.us


Rep. Kelly Hancock, Ft. Worth

(512) 463-0599  kelly.hancock@house.state.tx.us


Rep. Ken Legler, Pasadena

(512) 463-0460   ken.legler@house.state.tx.us


Rep. Marc Veasey, Ft.  Worth

(512) 463-0716  marc.veasey@house.state.tx.us


Rep. Randy Weber, Pearland

(512) 463-0707  randy.weber@house.state.tx.us

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Many thanks,

Karen


Karen Hadden,  Executive Director

Sustainable Energy & Economic Development (SEED) Coalition

1303 San Antonio, Suite 100

Austin, Texas 78701


cell: 512-797-8481

office: 512-637-9481


www.CleanEnergyforTexas.org

www.StoptheCoalPlant.org

www.NukeFreeTexas.org



Also supported in the Environmental Regulation Committee

HB 721 Rep. Donna Howard | Moody | Naishtat | Farrar - Relating to permitting procedures of the Texas Commission on Environmental Quality for control of air pollution.


Excellent analysis of this bill can be found on the Alliance for a Clean Texas (ACT) website 

http://www.acttexas.org/category/hb-721/

Representative Donna Howard’s HB 721 addresses one of the more difficult challenges in the fight for clean air: keeping affected counties (areas that are designated as having poor air quality under the Texas Emissions Reduction Plan but have not yet reached non-attainment status) from going into non-attainment. Translation: cities such as Waco, Austin and San Antonio are not in the same category for air quality monitoring and measures as are Dallas, Fort Worth and Houston, but they’re on what amounts to a watch list. All three cities and surrounding counties are fighting to keep from going into non-attainment. However, the permitting process in affected areas currently does not require assessing the cumulative impact of proposed power plants on the area’s ozone level.

SB 16 has measures that will require cumulative impact analysis for any new power plants proposed to be built in non-attainment areas - an absolutely necessary tool for these areas which are at risk of losing federal highway funds as the result of non-compliance with federal clean air standards. However, what’s missing in the Texas clean air picture are better permitting rules that will help other cities keep their air quality from deteriorating.

There’s a real irony at work here: a city must have a severe air quality problem before it qualifies for the type of measures that could have kept its air quality from deteriorating in the first place. And at that point, the things it must do have become far more costly and difficult than they would have been if the factors that were contributing to the ozone problem had been addressed before reaching this critical point.

ACT strongly supports HB 721 because it would require power plant permits in affected areas to include air quality impact analysis. Additionally, HB 721 would allow public review and comment on ozone air quality impacts analysis.

(Isn’t an ounce of prevention supposed to be worth a pound of cure?)


Licensing & Administrative Procedures

HB 3182 The Texas Home Lemon Law - by Rep. Sinfronia Thompson -  Relating to consumer protection for and remedies available to a homebuyer whose home does not comply with certain warranties; providing an administrative penalty.  


In partnership with HomeOwners for Better Building (H.O.B.B.) the Green Party is in favor of the abolishment of the Texas Residential Construction Commission (TRCC) - See Blog # 9 for additional references and information.


From the HomeOwners for Better Building website:

Background Information:  If the Texas Residential Construction Commission (TRCC), which is under Sunset Review, is not to be abolished, it must be substantially overhauled so that it may begin protecting Texas homeowners from unscrupulous builders.  Consumer groups have developed ten specific reforms that would enable the TRCC to become of use to Texas homeowners and to justify its continued existence: 

1.   Make the state-sponsored inspection and dispute resolution process voluntary

2.   Make the state-sponsored inspection and dispute resolution free 

3.   Make the Star Builder program mandatory for all large builders, with the accompanying requirement that builders must be bonded 

4.   Move the TRCC under the Department of Licensing and Regulation

5.   Allow the third-party inspector’s recommendation to include a dollar amount that would cover the homeowner’s repair expenses and allow the TRCC to require the builder to pay that amount 

6.   Create a private cause of action against any builder who violates a TRCC rule and allow the TRCC to assess a substantial penalty for violation
 
7.   Allow consumers to post questions to the TRCC Web site that are immediately visible to the public and become a permanent, searchable section of the State Web site.  Require the TRCC to post responses within a certain timeframe on the message board.  All comments will be public.  Record and make available to the general public on a consumer-friendly agency website all complaints by builder’s company name and builder’s agent name and city.  Detailed information should be available 

8.   TRCC revenue surplus to be put in a State Victim Recovery Fund to pay for warranty repairs, legal representation for consumers

9.   Allow the TRCC to revoke or suspend a builder’s license if he engages in a single violation resulting in disciplinary action

10. Require those who are licensed to keep records for ten years after completion of project, thus keeping them accountable for their work



I made a point of also attending the Ways & Means Committee to witness For eighteen additional bills and Against two:


HB 799 Lucio III | et al. - Relating to an exemption from the sales tax for certain renewable energy devices.


HB 880 Strama | et al. - Relating to the exemption from ad valorem taxation of certain energy efficiency-related improvements to real or personal property.


HJR 47 Strama | et al. - Proposing a constitutional amendment authorizing the legislature to exempt from ad valorem taxation certain energy efficiency-related improvements to real or personal property.


HB 1140 Truitt - Relating to a franchise tax credit for the purchase and installation of solar energy devices connected to an electric transmission or distribution system.


HB 1361 Anchia | et al. - Relating to the imposition of a fee for certain plastic bags provided to customers by retailers.


HB 1417 Leibowitz | et al. - Relating to an exemption from the sales tax for certain renewable energy systems and related equipment.


HB 1751 Leibowitz - Relating to an exemption from ad valorem taxation of a renewable energy device, structure, facility, or system installed or constructed on residential property, land designated for agricultural use, or open-space land devoted to farm or ranch purposes for the generation of energy for use in connection with the property.


HJR 72 Leibowitz - Proposing a constitutional amendment to authorize the legislature to exempt from ad valorem taxation of a renewable energy device, structure, facility, or system installed or constructed on residential property, land designated for agricultural use, or open-space land devoted to farm or ranch purposes for the generation of energy for use in connection with the property.


HB  1936 Villarreal - Relating to the authority of the governing body of a municipality to exempt a portion of the value of a residence homestead from ad valorem taxation if the homestead meets certain energy efficiency standards.


HJR 75 Villarreal - Proposing a constitutional amendment authorizing the governing body of a municipality to exempt a portion of the value of a residence homestead from ad valorem taxation if the homestead meets certain energy efficiency standards.


HB 2150 Kleinschmidt - Relating to the eligibility of land for ad valorem tax appraisal as qualified open-space land.


HB 2184 Leibowitz - Relating to a franchise tax credit for building new single-family homes or duplexes hat exceed certain energy efficiency standards.


HB 2226 Parker - Relating to exemptions from the sales tax for certain solar and wind energy devices.


HB 3098 Bolton - Relating to the use of hotel occupancy tax funds for the construction and maintenance of a children's playground located in a general law city.


HB 3272 Howard, Donna - Relating to the eligibility of land for ad valorem tax appraisal as recreational, park, or scenic land on th basis of a restriction contained in a probated will.


HB 3965 Dunnam - Relating to the exemption from a valorem taxation for certain property used to control pollution.


HB 4639 Lucio III - Relating to a franchise tax credit for certain investments made in relation to certain renewable energy technology systems.


HJR 141 Coleman - Proposing a constitutional amendment to provide property tax abatement for home and business owners who install solar panels on their homes or businesses.


Against:

HB 797 Lucio III - Relating to exempting fuel ethanol derived from cellulosic biomass and blended with gasoline from the motor fuels tax.


HB 4166 Callegari - Relating to the provision of severance tax credits and exemptions and other incentives and procedures for producing oil from certain wells.


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