Virginia legislative session produces changes for solar, coal ash, and pumped storage

Next year I'm bringing him to lobby with me. Photo credit: Sierra Club

Next year I’m bringing him to lobby with me. Photo credit: Sierra Club

The Virginia General Assembly wraps up its 2017 session on Saturday, February 25. As usual, the results are a mixed bag for energy. On the plus side is the promise of a new solar purchase option for customers. On the downside, utility opposition to energy efficiency and distributed generation meant a lot of worthwhile initiatives never made it out of subcommittee.

Putting it into perspective, it could have been worse. For clean energy advocates in Virginia, that’s what we call a success!

Governor Terry McAuliffe has already acted on some of the bills that passed and will have until March 27 to act on the remaining bills. Under Virginia law, the governor can sign, veto, or amend the bills for legislators’ consideration.

“Rubin Group” bills move renewable energy forward—and back.

Negotiations between utilities, the solar industry trade association MDV-SEIA, and the group Powered by Facts produced three pieces of legislation that appear likely to become law (and all of which I’ve discussed previously). The most significant of these “Rubin Group” bills (named for facilitator Mark Rubin) is SB 1393 (Wagner), the so-called “community solar” bill, which is designed to launch a utility-controlled and administered solar option for customers. The utilities will contract for the output of solar facilities to be built in Virginia and will sell the electricity to subscribers under programs to be approved by the State Corporation Commission. Critical details such as the price of the offering will be determined during a proceeding before the State Corporation Commission.

This was the only one of the Rubin Group bills that had participation from members of the environmental community (Southern Environmental Law Center and Virginia League of Conservation Voters), and it received widespread (though not unanimous) support from advocates.

Broader legislation that would have enabled true community solar programs did not move forward. SB 1208 (Wexton) and HB 2112 (Keam and Villanueva), modeled on programs in other states, had the backing of the Distributed Solar Collaborative, a stakeholder group composed of everyone but utilities. In the Senate, Wexton’s bill was “rolled into” Wagner’s bill, but only her name, not the provisions of her bill, carried over.

SB 1395 (Wagner), a second Rubin Group bill, increases from 100 MW to 150 MW the size of solar or wind projects eligible to use the state’s Permit by Rule process, which is overseen by the Department of Environmental Quality. The legislation also allows utilities to use the PBR process for their projects instead of seeking a permit from the SCC, if the projects are not being built to serve their regulated ratepayers.

The third Rubin Group bill establishes a buy-all, sell-all program for agricultural generators of renewable energy. Although supported by MDV-SEIA as part of the package deal, passage of SB 1394 (Wagner) and HB 2303 (Minchew) should be considered a loss for solar. The program replaces existing agricultural net metering rules for members of rural cooperatives and could lead these coops to reach their 1% net metering cap prematurely, blocking other customers from being able to use net metering. And while negotiators say the program should be economically beneficial to participants, it appears to offer generators no options they don’t already have under existing federal PURPA law.

The governor has until March 27 to act on these bills.

Appalachian Power PPAs for private colleges only

Under HB 2390 (Kilgore), the existing pilot program that allows some third-party power purchase agreements (PPAs) in Dominion Power territory will be extended to Appalachian Power territory, but only for the private colleges and universities who could afford to hire a lobbyist to negotiate the special favor, and only up to a 7 MW program cap. APCo is expected to use passage of the bill to assert that PPAs for all other customers are now illegal. The governor has not indicated whether he will sign the bill.

Intellectual property

SB 1226 (Edwards, D-Roanoke) allows solar developers to keep confidential certain proprietary information that would otherwise be subject to disclosure under the state’s Freedom of Information Act (FOIA). It resolves a problem that has held up a solar project on the Berglund Center, a public building in Roanoke.

Storage, pumped or otherwise

HB 1760 (Kilgore) and SB 1418 (Chafin) allow Dominion Power to seek rate recovery for a scheme to use abandoned coal mines for pumped storage facilities. If you think this sounds weird and possibly dangerous, you are not alone. Usually the idea is to keep water out of coal mines to avoid the leaching of toxic chemicals into groundwater. Apparently no one has ever used coal mines for pumped storage before, and neither the company that would construct the project, nor the sites under consideration, nor the technology to be used, have been revealed.

SB 1258 (Ebbin) adds storage to the mandate of the Virginia Solar Energy Development Authority.

Dominion’s nuclear costs, and the politics of the “rate freeze”

HB 2291 (Kilgore) allows Dominion to charge ratepayers for the costs of upgrading its nuclear facilities. Because the charges will appear as a rider on top of base rates, consumers would not be protected by the “rate freeze” Dominion pushed through in 2015’s SB 1349.

That 2015 legislation, of course, was supposedly designed to shield customers from the impact of the EPA’s Clean Power Plan, a ruse that has been since laid bare. Instead, it will allow Dominion to keep an estimated billion dollars of customers’ money it would otherwise have had to refund or forego. This year, with the CPP on death row under Trump, Senator Chap Petersen introduced SB 1095, which would repeal the rate freeze. His bill was promptly killed in committee, but continues to gain support everywhere outside the General Assembly. Governor McAuliffe belatedly announced his support for Petersen’s bill, but did not use his authority to resurrect it.

Petersen is encouraging the Governor to offer an amendment to Kilgore’s HB 2291 that would repeal the rate freeze, an option allowed by Virginia’s legislative procedure since both provisions affect the same provision of the Code.

Dominion, of course, says the CPP isn’t actually dead and buried just yet, and Republicans seem to fear its resurrection. HB 1974 (O’Quinn) requires the Department of Environmental Quality to submit any Clean Power Plan implementation plan to the General Assembly for approval, so they can stab it with their steely knives.  The governor is expected to veto the bill.

State’s failures on energy efficiency will now be tracked

SB 990 (Dance) requires the Department of Mines, Minerals and Energy to track and report on the state’s progress towards meeting its energy efficiency goals. Or in Virginia’s case, its lack of progress.

HB 1712 (Minchew) expands the provisions of state law that allow public entities to use energy performance-based contracting.

That’s it for energy efficiency legislation this year. Several good bills were offered but killed off in the House Energy Subcommittee, notably HB 1703 (Sullivan), which would have required electric utilities to meet efficiency goals, and HB 1636 (Sullivan again), which would have changed how the SCC evaluates energy efficiency programs. Delegate Sullivan, by the way, introduced a companion bill to SB 990, but his was killed in that same House subcommittee, all on the same day.

Coal ash legislation watered down but passes

SB1398 (Surovell) will require Dominion Power to monitor pollution and study options for the closure of its coal ash impoundments, including removal of the ash to secure, lined landfills. Unfortunately amendments in the House will allow Dominion to proceed with capping the waste in unlined pits while it completes the study. As one editorial put it, “Why not do it right the first time?” The editorial—along with a lot of people who have to live near the coal ash dumps—would like to see the governor offer amendments to the bill, but we’ve heard nothing from the governor’s office on that yet.

Republicans keep trying to throw taxpayer money down a rathole; Governor vetoes

Governor McAuliffe has already vetoed HB 2198 (Kilgore), which would reinstate the coal employment and production incentive tax credit and extend the allowance of the coalfield employment enhancement tax credit. SB 1470 (Chafin) is identical to HB 2198 and so likely faces a veto as well.

With Rooftop Solar Prices So Low, Virginia Schools Can’t Pass Up the Savings

By Will Driscoll

With today’s low solar prices, schools can save money by installing rooftop solar, and use the savings to improve education.  Schools in three Virginia communities are leading the way, achieving net energy savings after commissioning 1.7 megawatts of solar systems in 2016. Student leadership, power purchase agreements, and one outright purchase helped make it happen.

In Albemarle County, students helped drive a decision to install 1.1 megawatts of solar on six schools.  Back in 2014, Sutherland Middle School students gave pro-solar testimony in Richmond at a hearing on Dominion Virginia Power’s resource plans.  Meanwhile, students at Monticello High School wrote to the school board to make the case for solar.  The school division last year added rooftop solar to these schools and four others, by entering a power purchase agreement (PPA) with solar developer Secure Futures in Staunton.  The school division projects savings of at least $80,000 over the life of the 20-year PPA agreement, based on a projected annual increase of two percent in Dominion Virginia Power’s electricity rates.  (Photos below.)

Arlington’s new Discovery Elementary School is jam-packed with 497 kilowatts of solar panels.  That much solar was possible under Virginia’s net metering law because the school is heated using electric-powered geothermal heat pumps—so the school can net meter not only its air conditioning and lighting load but also its electric heating load.  The school district paid $1,369,500 for the solar system, funded through the same bond used to build the school.  The cost will be paid off in 14 years, assuming a two percent annual increase in energy costs, and the solar panels should produce free electricity for many years after that.  (That 14-year amortization is based on the bond’s interest rate of 2.63 percent and full-year 2016 energy cost avoidance of $101,000, increasing by two percent per year.)  The school is designed as a net-zero-energy building, and ran at net-zero in 2016. (Photo below.)

Lexington City Schools, which operates just three schools, added a 91.5 kW solar system to the Lylburn Downing Middle School. “No matter how big or how small a school division you are—and that translates into real life, no matter how big a corporation or how small—you can make an impact on the environment” explained School Principal Jason White in a video interview with Washington and Lee University’s Rockbridge Report.  Lexington School Superintendent Scott Jefferies added that the solar project “speaks beyond how much you can actually save financially—more so … that you’re actually trying to do something good for the environment.” Like Albemarle County, Lexington financed this solar system through a PPA with Secure Futures.

Looking Ahead:  To accelerate placement of cost-saving solar systems on schools—and to show our children that we care about their future—Virginia legislators could extend the right to enter into power purchase agreements (PPAs) beyond the current pilot program in the Dominion Virginia Power territory.  The legislature could also allow customers to net meter more solar-generated electricity than they consume, because we need all the solar we can get, and because Dominion claims it has difficulty siting solar generation.  And soon, legislators will need to increase the net metering limit, now fixed at one percent of total electricity consumption.

Virginia can produce 32 percent of its electricity from rooftop solar, according to a National Renewable Energy Laboratories report.  Virginia’s 2,093 public schools, with unshaded roofs ideal for low-cost commercial scale solar, represent a promising component of that potential.  Our progress in 2016 moved us eight schools closer to that target.

Albemarle County Schools–Photos 

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Staff of Mountain View Solar (in high-visibility clothing) and Secure Futures conduct commissioning tests for Albermarle High School’s solar installation. (Photo courtesy of Secure Futures LLC.)

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Sutherland Middle School’s 279 kW system. (Photo by Grant Gotlinger; courtesy of Secure Futures.)

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Baker-Butler Elementary School’s 224 kW system. (Photo by Grant Gotlinger, courtesy of Secure Futures.)

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Brownsville Elementary School’s 130 kW system. (Photo by Grant Gotlinger, courtesy of Secure Futures.)

Arlington’s Discovery Elementary School–Photo

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496 kW of solar panels on Arlington’s Discovery Elementary School, with a neighboring school shown at top left. (Photo courtesy of VMDO Architects and Digital Design & Imaging Service, Inc.)

 

 

While U.S. leaders were worrying about coal jobs, clean energy snatched the lead: even Virginia now has more people working in solar than coal.

 

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Jobs in electric generation do not include fuel jobs, so for example, the coal jobs in the two charts have to be added together to get total employment. Wind and solar, of course, have no fuel costs. Charts come from DOE.

Jobs in electric generation do not include fuel jobs, so for example, the coal jobs in the two charts have to be added together to get total employment. Wind and solar, of course, don’t need employees to produce their “fuel.” Charts come from DOE.

A new report from the U.S. Department of Energy takes stock of energy employment in the U.S. and comes up with fresh evidence of the rapid transformation of our nation’s electricity supply: more people today work in the solar and wind industries than in natural gas extraction and coal mining.

According to the January 2017 U.S. Energy and Employment Report, 373,807 Americans now work in solar electric power generation, while 101,738 people work in wind. By comparison, a total of 362,118 people work in the natural gas sector, including both fuel supply and generating plants.

Total coal employment stands at 160,119. And while renewable power employment grew by double digits last year—25% for solar, 32% for wind—total job numbers actually declined across the fossil fuel sectors, where machines now do most of the work.

If generating electricity employs a lot of people, not generating it employs even more. The number of Americans working in energy efficiency rose to almost 2.2 million, an increase of 133,000 jobs over the year before.

Those are nationwide figures, but the report helpfully breaks down the numbers by state. For Virginia, 2016 was a watershed year. In spite of the fact that our solar industry is still in its infancy and we have no operating wind farms yet, more Virginians now work in renewable energy than in the state’s storied coal industry. A mere 2,647 Virginians continue to work in coal mining, compared to 4,338 in solar energy and 1,260 in wind.

Dwarfing all of these numbers is the statistic for employment in energy efficiency in Virginia: 75,552.

Dominion Power defends its billion-dollar handout from ratepayers; squashes dissent; asks for more.

DominionLogoA Senate committee quickly killed SB 1095, a bill introduced by Chap Petersen (D-Fairfax) that could have brought an early end to a five-year prohibition on regulators’ ability to review Dominion Virginia Power’s earnings and to order refunds where warranted. The prohibition, passed two years ago as part of 2015’s SB 1349 (Frank Wagner, R-Virginia Beach), will mean as much as a billion dollars in extra cash to the utility—money that would otherwise be returned to customers.

After losing the vote on SB 1095 in Senate Commerce and Labor, Petersen introduced SB 1593, a bill that would have prohibited campaign contributions from public service corporations like Dominion Power. He was forced to withdraw the bill when Senate leaders complained he had filed it late.

Score two for Dominion. But in case you thought the utility giant might choose to lie low for a while, consider another of this year’s bills: HB 2291 (Terry Kilgore, R-Gate City). The legislation allows Dominion to seek approval to charge customers for billions of dollars in nuclear power plant upgrades. Kilgore has collected $162,000 in campaign contributions from Dominion’s parent company over the years, even though he represents an area of the state that is not served by Dominion Virginia Power (meaning it won’t be his constituents paying for his bill). Astoundingly, the bill passed the House of Delegates with only two dissenting votes (cast by Mark Keam, D-Vienna, and Sam Rasoul, D-Roanoke).

Obviously, there is a pattern here. It actually began at least as far back as 2014, when another Kilgore-sponsored bill passed allowing Dominion to shift onto its customers several hundred million dollars of nuclear development costs that otherwise would not have been recovered for many years, if ever. The legislation inspired much criticism, but little action.

Taken together, these legislative giveaways add up to enormous sums of money. The 2015 legislation involved as much as a billion dollars in customer payments that exceed the profit margin allowed by the State Corporation Commission, according to an estimate offered by one commissioner. In the absence of SB 1349, Dominion would likely have had to issue refunds, lower rates, or both.

At the time, Dominion claimed that the EPA’s proposed Clean Power Plan would impose huge costs on ratepayers unless the General Assembly acted to stop base rates from rising. Legislators weren’t told the real effect of SB 1349 would be to keep base rates from falling. And meanwhile, customers’ utility bills could continue to rise because base rates make up only a portion of monthly bills.

Petersen’s bill this year took notice of the fact that the Clean Power Plan is now highly unlikely to take effect. SB 1095 would have reinstated the SCC’s authority to review rates if and when the Clean Power Plan was deemed truly dead. This misses the mark only in being way too generous to Dominion. As the SCC has pointed out, the review freeze period will be over before the Clean Power Plan is slated to take effect, so SB 1349 could not possibly protect ratepayers from compliance costs anyway.

SB 1349 is currently being challenged in court as an unconstitutional abrogation of the SCC’s power. Two former Attorneys General, Republican Ken Cuccinelli and Democrat Andy Miller, have weighed in on the side of consumers. The current Attorney General, Democrat Mark Herring, was harshly critical of the bill when it was before the General Assembly, but now says he is obligated to defend the law.

SB 1349 passed the General Assembly two years ago amid great confusion about what was in the bill and what it all meant. Legislators padded it out with modest solar-energy and energy-efficiency provisions to make it palatable to skeptical Democrats and ensure it would be signed by Governor McAuliffe.

But this year, legislators have no such excuse. They cannot have missed the torrent of criticism the law inspired, or the point that Dominion won’t spend a dime of its ill-gotten gain on compliance with the Clean Power Plan. It is hard to see the 9-2 vote in Commerce and Labor to kill Petersen’s SB 1095 as anything but a blatant, bipartisan gift to Dominion. (The dissenting votes came from Republicans Dick Black and Stephan Newman.)

Dominion’s corrosive effect on Virginia politics is one of the main threads of a book published last year called Virginia Politics & Government in a New Century: The Price of Power. Author Jeff Thomas outlines a whole host of ways in which Virginia politics have become mired in corruption. SB 1349 is Exhibit A.

Now the unearned largesse for Dominion—and the ignominious end to Senator Petersen’s effort to rein in Dominion’s influence—have become an issue in this year’s governor’s race. Republicans Denver Riggleman and Corey Stewart and Democrat Tom Perriello are all taking aim at the connection between Dominion’s campaign spending and the billion-dollar boondoggle it received from SB 1349. If Kilgore’s HB 2291 passes the Senate this month, they will have another example on which to build their case that Dominion’s campaign donations have corrupted Virginia’s legislative process.

Legislators themselves publicly reject the idea of a causal relationship between the steady stream of campaign cash and their votes in favor of the bills, while privately acknowledging the sway Dominion holds over the General Assembly. Indeed, the comfortable fiction that campaign donations don’t affect a politician’s votes is such an insult to voters’ intelligence that the wonder is why it took so many years to become a campaign issue.

Given Wagner and Kilgore’s leadership roles in the Republican-controlled House and Senate, the issue might not seem like obvious fodder for the Republican primary campaign. Of course, Wagner is also running for governor on the Republican ticket, so the assaults of challengers Riggleman and Stewart might simply be tactics designed to undermine the competition. If voters respond, though, we can expect to hear a lot more discussion of government corruption.

In today’s chaotic political environment, Democrats who don’t speak out could find themselves under fire, too. Lieutenant Governor Ralph Northam, the other Democrat running for Governor, has accepted over $97,000 from Dominion since 2008, according to VPAP.org, and so far seems not to have joined the chorus of voices criticizing Dominion’s influence.

The anti-corporate sentiments that fueled Bernie Sanders’ campaign have only intensified with Donald Trump’s embrace of bankers and oil barons. Democratic voters today are less likely than ever to forgive leaders of their own party for cozying up to big corporations. If either Democratic candidate for governor cedes the issue of clean government to the other—or to Republicans—this might be the election in which it matters.

Sen. Mark Warner’s tolerance of climate disinformation

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CREDIT: VIRGINIA STUDENT ENVIRONMENTAL ASSOCIATION

 

Virginia’s senior U.S. Senator Mark Warner cast a vote this week that will come back to haunt him in coming years. It will also haunt our commonwealth and nation in future decades and centuries. Warner voted to confirm President Donald Trump’s nominee, former ExxonMobil CEO Rex Tillerson, to be Secretary of State.

Tillerson, sad to say, may not be the most extreme or unqualified of President Trump’s cabinet nominees. One can hope that Senator Warner will vote against some of the worst of the worst, such as climate-science denier Scott Pruitt to head the Environmental Protection Agency. Pruitt has pledged to unravel bedrock environmental protections like the Clean Air and Clean Water Acts.

But opposing one or two other Trump nominees won’t excuse Senator Warner’s vote to make Rex Tillerson Secretary of State.

Tillerson’s former company has spent millions of dollars over recent decades to promote climate-science denial, to the detriment of many millions of vulnerable people all over the world, including many here in Virginia. ExxonMobil’s climate-denial promotion has been documented in academic studies, and Virginia Attorney General Mark Herring is investigating ExxonMobil’s role in promoting climate-science disinformation.

To his credit, Virginia’s junior U.S. Senator, Tim Kaine, brought out Tillerson’s connection to climate-science denial at Tillerson’s confirmation hearing. Tillerson dodged Kaine’s questions. Following the hearing Kaine tweeted: “It’s shameful Tillerson refused to answer my questions on his company’s role in funding phony climate science.” Kaine voted against confirming Tillerson.

By all accounts Tillerson has personal virtues. He’s an Eagle Scout who long supported and recently headed the Boy Scouts of America. He was once a good juror in a criminal case, as one of his fellow jurors recently explained in The Dallas Morning News. In many respects Tillerson is an upstanding Christian who contributes to mission work to help others.

But his former company’s longtime, immoral promotion of climate-science disinformation will harm exponentially far more people than his personal good deeds have helped.

There’s a term to explain how people like Tillerson can be good Boy Scouts, jurors, and churchgoers while also doing great harm that will cause great suffering to others. It’s called “moral disengagement.” The concept is explained in detail in a recent book by emeritus Stanford psychology professor Albert Bandura, titled Moral Disengagement: How People Do Harm and Live with Themselves. Bandura describes several mechanisms by which corporate polluters try to distance themselves from the harm they cause. They use front groups to do their dirty work with politicians. ExxonMobil and other fossil-fuel companies do that through groups like the notorious American Legislative Exchange Council (ALEC), which promotes science misinformation to state legislators.

And Bandura notes that corporate polluters themselves promote scientific disinformation as a mechanism of moral disengagement. That is precisely what ExxonMobil has been doing for years, as Senator Kaine noted at Tillerson’s confirmation hearing. These lies and half-truths have real consequences for real people, here in Virginia and around the world.

Penn State climate scientist Michael Mann (formerly of UVA) has said that history will judge harshly those who promote climate-science denial. But, Mann added, “history will be too late.”

Senator Warner hasn’t himself promoted climate-science denial, but he just voted to make someone who has our nation’s Secretary of State.

History, and (one can hope) Virginia voters as well, will judge Mark Warner harshly for that.

Seth Heald is chair of the Sierra Club’s Virginia Chapter. He expects to receive a Master of Science degree in Energy Policy and Climate from Johns Hopkins University in May, 2017. His article on climate change and moral disengagement was published in the May-June, 2016 issue of Environment: The Journal of Sustainable Development.

Renewable energy bills begin an uncertain journey through Virginia’s general assembly

VA capital Corrina BeallThree Senate Republicans and one Democrat met on Thursday to consider the fate of many of this year’s renewable energy bills. Reported out were two bills introduced by Frank Wagner that were crafted by utilities, the solar industry trade association MDV-SEIA, and Powered by Facts (a group currently focused on farms).

Other bills were not as lucky as these two. In theory all bills get another bite at the apple in the full Senate Commerce and Labor Committee, where they are on the docket for Monday afternoon. However, expectations are that the bills voted down in subcommittee will meet the same fate in full committee.

Wagner, the chairman of the Senate committee, named himself to his subcommittee along with fellow Republicans Ben Chafin and Glen Sturtevant, and Democrat Rosalyn Dance. So it was not surprising that this hand-picked group supported his bills. More disappointing was the solid opposition to anyone else’s proposals, including ones with even better potential to improve the solar market. That opposition came not only from the Wagner, Chafin and Sturtevant, but also from MDV-SEIA.

The two Wagner bills reported out are SB 1393 (the so-called community solar program) and SB 1394 (small agricultural generators). The bills have undergone some more recent changes, which I will get to in a bit.

The committee voted down Edwards’ SB 917 (containing minor fixes to the agricultural net metering law), Edwards’ SB 918 (expanding authorized uses of third party power purchase agreements), and Wexton’s SB 1208 (a more expansive community solar bill). Following a common practice in the General Assembly, SB 1208 was “rolled into” SB 1393, which is simply a polite way of extinguishing a bill. Similarly, SB 917 was rolled into SB 1394, even though the two are only vaguely related.

Over in House Commerce and Labor, several renewable energy bills will be heard by the energy subcommittee when it meets Tuesday afternoon. These include Keam’s HB 2112, the companion to Wexton’s SB 1208, and Minchew’s HB 2303, the companion to Wagner’s SB 1394. (The text of some House bills has not yet been updated to conform to changes in the Senate bills, but this seems likely to happen.)

Two new bills on third-party power purchase agreements have been added since my initial roundup. Chairman Kilgore introduced HB 2390, a bill that would, for a narrow class of privileged customers, extend to Appalachian Power territory the PPA pilot program currently running in Dominion territory. The pilot program specifically allows certain third-party power purchase agreements while forbidding all others. In Dominion territory the program is capped at 50 MW; the bill would place a 10 MW cap on the APCo program.

The PPA pilot program has allowed customers like Albermarle County Public Schools and the University of Richmond to install solar cost-effectively, and APCo customers have been itching to join it.

But Kilgore’s bill contains a limitation that is really pretty offensive. Unlike the pilot project in Dominion territory, where participants may include any non-profit of any size, as well as commercial customers with facilities of over 50 kW, Kilgore’s bill would allow only private colleges and universities to compete for the 10 MW in APCo territory. No public colleges, no churches, no community centers or town buildings. For a guy with a folksy demeanor, Kilgore seems to be one heck of an elitist.

A better PPA bill is Toscano’s HB 1800, stating that nonresidential and agricultural customers have the right to contract with other people to own and operate renewable energy facilities on the customer’s premises. Although a hearing examiner recently agreed with the solar industry and environmentalists that this right already exists in the Virginia Code, utilities have blocked on-site PPAs. Toscano’s bill would put an end to this harassment, while giving up on residential consumer PPAs. (The concession sounds bad but isn’t; residential customers can use leases to achieve the same result that PPAs afford.)

Other House bills. Also up in the House subcommittee on Tuesday will be the three worthy energy efficiency bills from Delegate Sullivan. In addition, Villanueva’s Alternative Energy and Coastal Protection Act is back for a third year as HB 2018. It would provide money for renewables and efficiency as well as badly-needed funds to help communities adapt to consequences of climate change such as sea level rise.

Now, about those Wagner bill changes:

Following revisions, “community” solar still looks like a winner, except for the community part. SB 1393 met with support from all corners of the room at the Senate subcommittee meeting on Thursday. Everyone, it seems, wants more solar options for consumers and is excited that the utilities seem willing to move forward to meet this growing demand.

Just don’t expect community solar. As now drafted, utilities control every aspect of the program. Although third-party developers would build the solar projects, the utilities can choose to buy the electricity through a PPA or buy and own the project themselves. Also, the project size limit of 2 MW, which has a community-scale feel to it, does not apply if a utility is simply designating 2 MW of a larger project to this program. In effect, if the utility contracts for a number of large projects across the state (which Dominion is indeed doing), it can simply designate parts of each as “community solar,” and fill the program that way.

That doesn’t make it a bad bill, just not a community solar bill. And while it looks like a tariff for the sale of renewable energy to participating customers, the bill continues to state that it is not a tariff for the supply of 100% renewable electricity—language that supposedly dodges the fight about under what circumstances third parties can legally sell renewable energy in Virginia.

Even with changes, agricultural RE bill’s possible benefits for some come at a cost to others. SB 1394 was reported unanimously from the Senate subcommittee Thursday, but drew opposition from both the Sierra Club and the solar consumer group VA-SUN. The current language of the bill contains improvements over the original (discussed here), but however well intentioned, it remains a bad bill.

The legislation establishes a pilot program that allows farmers to use a portion of their land for solar and enter a buy-all, sell-all contract with the utility. They will buy their power at retail and sell at a price that might not be much more than wholesale, so whether the program pencils out for farmers is uncertain. But that’s not my beef with it.

The problem is that this program is offered as a replacement to an entirely different program, one that allows farms to attribute the power output of a single solar array or wind turbine to all the various meters on the farm under the net metering statute. That’s a valuable option for farmers who want to meet their electric needs with renewable energy. Removing this option is a backwards step for wineries, breweries, organic farms, and any other farmer for whom solar power is an important part of their branding and marketing. (Consider that this bill applies to wind as well as solar; a small farmer would likely have only one wind turbine to serve the whole farm. You can’t put a little wind turbine on every building with an electric meter.)

The date at which agricultural generators can no longer opt to use the agricultural net metering provisions has been moved to 2019 (from 2018 in the original draft legislation), and the termination of the net metering option now applies only to coop members, not customers of Dominion and APCo. Existing agricultural net metering customers can continue to use the net metering provisions for 25 years, up from 20. These are all incremental improvements but don’t change the fundamental problem that the legislation trades away the rights of some customers in an effort to help others.

There is another problem. Projects developed under the buy-all, sell-all program would count against the 1% cap on the total amount of electricity produced by net metering in a utility’s service territory. This is wrong as a matter of principle (if they aren’t net metering, it shouldn’t count against a net metering limit) and also because a few large farmers using the buy-all, sell-all program would max out the 1% and leave nothing for homeowners or other coop customers.

From the coops point of view, that’s not a bug, that’s a feature; killing net metering is precisely their goal. That’s why the buy-all, sell-all program is not being offered as an option, which would be fine, but as a replacement, which is not.

I asked Dana Sleeper, Director of MDV-SEIA, why her organization was supporting the bill. She responded:

We felt that with the changes made in committee, it was more additive (creating options) then limiting. We had some models made in order to confirm that the proposed legislation would be a viable path for businesses to pursue, and my intent is to make those models publicly available so they may be helpful to those interested in pursuing the AgGEN option, should the bill pass. 

As for why MDV-SEIA opposed other pro-solar bills like Wexton’s and Edwards’, she answered:

MDV-SEIA was a participant in the Rubin stakeholder group process over the course of many months and, along with the other stakeholders, agreed to support a slate of bills that moved the needle on solar issues in VA. As part of the group, we included professional lobbyists in order to ensure that political perspective was built in. One of the recommendations from the lobbyists was to draw clear lines around those bills coming out of our stakeholder process versus those put forward by other groups, as it would cause confusion among legislators who have a lot on their plates during a short session. 

For that reason, any bills that were seen by legislators as being duplicative were folded into the Rubin group bills. That’s not to say we don’t see the merit of them, it’s simply that there were many concerns about those proposals which were addressed by the Rubin bills. Our lobbyist, when asked, noted that while we appreciated the thought and effort put into the legislation, we recommended folding them into our bill. There were some bills that did not cover the same topics as those discussed in the working group (for example, the tax credit bill), and we supported them wholeheartedly. 

Lobby efforts underway. MDV-SEIA is inviting supporters to its second Clean Energy Lobby Day on Tuesday; register here.

Separately, Secure Futures LLC and other solar industry members are also encouraging advocates of distributed generation to attend the House subcommittee meeting on Tuesday. They urge support for HB 1800 and HB 2112, and opposition to HB 2303 and HB 2390. (Opposition to HB 2303 puts them at odds with MDV-SEIA on the agricultural solar issue.)

How can we address climate change if we don’t talk about it?

cncartoons029881-549The Daily Press, Virginia’s fourth largest newspaper, recently ran an ambitious series of insightful articles on climate-change adaptation. The series movingly showed the daily reality of the many Virginians living near the coast, on the front lines of climate change.

The Newport News-based paper serves the Hampton Roads region, with particular focus on the Peninsula and Middle Peninsula. The paper’s readership territory is mostly low-lying, much of it adjacent to or near tidal waters, so there are plenty of sea-level rise and storm-flooding stories to cover. But one thing about the eight articles in the series that I’ve reviewed is odd, and also sad. Not one of them mentions “climate change” or “global warming.” To be sure, “sea-level rise” is mentioned often, along with “coastal flooding.” But the articles avoid mentioning the primary cause of those phenomena—global warming, aka climate change.

The Daily Press series’ focus is hyper-local: articles by six different reporters, each focusing on sea-level rise and other climate-change effects in a particular neighborhood or jurisdiction—Newport News, Carmines Island, Hampton; and York, Mathews, James City, Isle of Wight, and Gloucester Counties. Many residents and local officials were interviewed. The articles’ tone at times is elegiac, as people describe the way things were not long ago, and how they’ve changed for the worse as the waters rise. While climate-adaptation terms like “retreat” and “abandonment” aren’t mentioned, an official in Mathews County notes that property owners are beginning to donate their land to a nonprofit, a trend that he says is likely to accelerate. (Landowners can claim tax benefits for donating their property to qualifying nonprofits.)

In one of the saddest comments, an official in Hampton notes that the city’s building code may need to be updated to prevent houses from getting knocked off their foundations by “wave action.” Sadder yet, a Carmines Island resident says “We’re drowning down here. We need some help.”

The Daily Press deserves great praise for this detailed, ongoing coverage of the climate crisis. This is the type of quality, in-depth local reporting that could earn a Pulitzer Prize. It focuses on human faces in nearby places dealing with a problem that is global, abstract, and too often easy for many Americans to ignore. Every Virginia official from Governor Terry McAuliffe on down, including all members of the General Assembly and our representatives in Congress, should read these articles.

But still, why the climate-change silence? Why not at least mention or better yet analyze the real issue—the underlying cause? True, the articles do frequently use the term “sea-level rise,” a phrase that Republican Delegate Chris Stolle of Virginia Beach once called “a left-wing term,” presumably because he recognizes that rising seas are caused by our greenhouse-gas emissions, which heat the planet, and knows that politicians in his party aren’t supposed to admit that. He received well-deserved ridicule for that comment, and at least some in his party are now willing to utter the expression “sea-level rise,” as long as they studiously avoid linking it to climate change. But when six Daily Press reporters write a series about rising seas and more-intense storms while failing to note the larger climate-change causes, something is amiss.

Perhaps the best clue for what is happening can be found in the comment of Garrey Curry, assistant Gloucester County administrator. He told the Daily Press: “Locally when we talk about sea level rise we try not to get bogged down to the whys and hows. We want to understand the trends.” Left unsaid, and apparently unchallenged by Daily Press reporter Frances Hubbard, was how one can understand the trends and implement solutions if one doesn’t talk or think about, much less act on, the “whys and hows.” Curry in effect admitted that he wants to avoid talking about climate change, apparently because he thinks it is too “controversial.” He of course is entitled to his views, but a newspaper ought not to avoid underlying causes to avoid controversy. Indeed a newspaper’s mission should be to enlighten readers about what’s causing the problems it’s reporting on.

At first I thought another clue explaining the Daily Press’s climate silence might be found in a rather appalling 2014 editorial, in which the paper blasted some local officials for taking climate change seriously. The officials’ crime back then? They had “jumped on the global warming bandwagon” which the paper called “trendy” and “a cult-like fad.”

But in the intervening years, as sea levels (and temperatures) continue to rise as predicted, the paper’s editorial staff seems to have had a change of heart (or perhaps a change of personnel). A powerful editorial this month summed up the findings of the paper’s series of articles on the human costs of the region’s flooding. The editors acknowledged (without mentioning the 2014 editorial): “Our global climate is getting warmer and th[e] temperature is rising faster than it has in the past. Glaciers are melting, and sea levels are rising. Human activity is the primary cause, or at least one of the primary causes, for these changes.” The editorial concluded: “We are in the eye of the storm, and our region can either take on a leadership role [in addressing climate change] or serve as a cautionary tale.”

Well said. The Daily Press editorial page’s change-of-heart since 2014 gives one hope. But the editorial also noted that the paper got complaints from some readers of the series who “buy into the counterintuitive argument that climate change is either a gross exaggeration or a complete hoax.” In other words, even though the paper’s articles on flooding studiously avoided mentioning climate change, readers predisposed to deny climate science apparently wanted the paper to be silent about not just climate change but also about the flooding itself.

The moral of this story, it seems to me, is that deniers are gonna deny. So there’s little point in remaining silent about climate change, or using euphemisms to dance around the topic, in order to avoid supposed “controversy” about the science. After all, that controversy derives from disinformation manufactured by the fossil-fuel industry and promoted by the front groups and politicians it controls. So better for a newspaper to just be truthful and candid, rather than try to avoid supposed controversy. And being truthful about sea-level rise—telling the whole truth—includes discussing the causes, not just the symptoms.

Michael Allen, an assistant professor of geography at Old Dominion University, made a similar point in the Virginian-Pilot last summer, gently chastising the Norfolk planning department for issuing a report on “resiliency” and “living with the water” while not mentioning “the elephant in the room,” climate change. Allen noted that the city’s Norfolk Vision 2100 plan “failed to acknowledge, even in passing, the causes of our ongoing problem or provide a scientific context to our challenges.”

Climate silence is hardly limited to one newspaper, one government entity, or one political party. Even environmental activists sometimes avoid mentioning climate change when discussing measures that are, in truth, all about climate change. Governor Terry McAuliffe, who has supported the EPA’s Clean Power Plan effort to address climate change, nevertheless is silent on climate when he’s out promoting unneeded gas pipelines that will increase greenhouse-gas emissions.

Researchers at George Mason and Yale Universities released a study in 2016 on what they called “a climate ‘spiral of silence’ in which even people who care about the issue shy away from discussing it because they so infrequently hear other people talking about it—reinforcing the spiral.” The GMU/Yale report noted that “fewer than half of Americans say they hear global warming discussed in the media (TV, movies, radio, newspapers/news websites, magazines, etc.) ‘at least once a week’ … or even ‘at least once a month.’” Some 30% of Americans say they hear about global warming only “once a year or less,” “never,” or they are “not sure.” A just-issued GMU/Yale report found that only about 15% of Americans understand that almost all climate scientists are convinced that human-caused global warming is happening. That figure is up from 11% in March 2016, but still is very concerning. This is not a time to be silent about climate change.

A major antidote to the spiral of climate silence, of course, is more and better news coverage of the climate crisis. The Daily Press series presents a curious case of talking eloquently about climate change symptoms while carefully avoiding talking about causes. The paper’s follow-up editorial makes up for that omission somewhat, but the causes of climate change need to be explained in news articles, not just in the opinion pages.

In his classic 2007 book on socially organized silence (The Elephant in the Room: Silence and Denial in Everyday Life) the sociologist Eviatar Zerubavel explains that silence is a form of communication that often speaks louder than words. Moreover silence, like denial, “usually involves refusing to acknowledge the presence of things that actually beg for attention.” He adds, “ignoring something is more than simply failing to notice it. It’s often the result of some pressure to actively disregard it. By enabling … collective denial, conspiracies of silence prevent us from confronting, and consequently solving, our problems.” (Emphasis added.) There is considerable pressure in our society to be silent about climate change’s causes, originating primarily from fossil-fuel interests and politicians they control who spread lies and distortions about climate science.

Those of us who understand and care about climate change in this post-truth, alternative-fact age must push back against this pressure, and refuse to be silent or use euphemisms to avoid supposed “controversy.” Otherwise we are letting the disinformers control the boundaries of conversation. That’s just what the climate disinformers and their fossil-fuel backers want, and just what our commonwealth and our country cannot afford to let them do.

And finally it’s worth noting another small form of climate silence related to the Daily Press series. The Virginia Public Access Project (VPAP) issues a daily news summary, compiled from newspapers and other media sources around the state. VPAP is a non-partisan project, widely supported, used, and admired by people from all over the political spectrum (including me).

A couple of years ago I noticed that VPAP’s daily summaries relegate articles on climate change and environmental issues to a section titled “Virginia Other,” placed near the bottom of the report. I brought my observation to VPAP’s attention, noting the growing importance of climate change in Virginia and suggesting the topic deserves better treatment than “Other.” VPAP executive director David Poole politely responded, but declined to put climate and environment articles in their own section. The result is that VPAP’s “Other” section sometimes has nothing but environmental and climate articles. And “Other” is where VPAP listed the Daily Press’s articles on climate adaptation.

I noticed them there because “Other” is often the most important VPAP section—and therefore the one I always read first.

Seth Heald is chair of the Sierra Club’s Virginia Chapter. He expects to receive an M.S. degree in Energy Policy and Climate from Johns Hopkins University in May, 2017.