Virginia’s 2016 legislative session ended last week with a one-day veto session, an ideological battleground where both sides fought lustily but nobody won.
Republicans could not muster the votes to overcome McAuliffe’s veto of legislation extending taxpayer handouts for coal mining companies. Nor could they overcome vetoes of HB 2 and SB 21, bills requiring that any state plan implementing the EPA’s Clean Power Plan be submitted to the General Assembly for approval.
They did, however, succeed in defending a budget item prohibiting the Department of Environmental Quality (DEQ) from developing a state implementation plan while a federal stay of the Clean Power Plan remains in effect. (For that they needed only a majority; overriding a veto requires a two-thirds super-majority.)
These votes won’t end the skirmishing. The tax credit for companies that mine Virginia coal doesn’t expire until the end of 2016, and Terry Kilgore, Chairman of the House Commerce and Labor Committee and a reliable ally of the coal lobby, has already promised another effort next session to extend the handouts.
As for the Clean Power Plan, the budget maneuver will cause headaches, as intended, but it’s merely a stall tactic. Virginia may end up submitting a clumsier plan than it otherwise would, if it has to scramble to meet the deadline once the stay is lifted. Even that isn’t certain. DEQ has already completed much of the fact-gathering portion of its work, including issuance of a report from the stakeholder group it convened to consider options. And the new fiscal year, when the prohibition kicks in, doesn’t begin until July 1. A lot of work could get done in two months.
Moreover, Republicans seem to have a losing hand here, even if they block DEQ from completing its work. If the Clean Power Plan survives attack in the courts and Virginia doesn’t submit a plan, EPA will write one for us. On the other hand, if the Clean Power Plan fails judicial scrutiny, EPA will have to rewrite it in a way that might be even worse for coal.
But the Republican attacks on the Clean Power Plan have never been about protecting our ability to plan our own energy future—or for that matter, about protecting ratepayers. Recall that a year ago the General Assembly passed Dominion Power’s SB 1349, with its so-called “rate freeze,” on the theory that the Clean Power Plan will cost so much money that electric rates needed to be frozen between now and the time the plan actually kicks in, and regulators forbidden from scrutinizing utilities’ books in the meantime.
I know: that makes no sense. But don’t ask me for a better explanation; the rationale never stood up to scrutiny. And Republicans weren’t the only ones supporting this peculiar legislation. Once the original anti-Clean Power Plan elements were stripped out, plenty of Democrats got on board to prove their fealty to Dominion.
We have since learned two things about SB 1349 and one thing about the Clean Power Plan:
- According to one State Corporation Commission judge, SB 1349 will cost Virginia ratepayers a billion dollars in overpayments to Dominion.
- Dominion Power customers are about to see their rates go up regardless of the “freeze,” as a result of Dominion getting approval to build a new gas-fired power plant;
- The final Clean Power Plan requires almost nothing from Virginia, and compliance might even save us money.
Now that we know all this, wouldn’t you expect to hear legislators clamoring for the repeal of the faux rate freeze?
Cock an ear. What do you hear?
To be sure, many Republicans who pushed for SB 1349 were more interested in the threat the Clean Power Plan posed to the coal industry. Their support for the coal tax subsidies shows Republicans have no qualms about charging taxpayers tens of millions of dollars annually to help coal companies. Perhaps when you’re in the business of giving away other people’s money, another billion dollars doesn’t seem like a stretch.
Still, if concern for the people of coal country were really at work, we might have expected success for McAuliffe’s budget amendment that put one million dollars into funding for solar projects, with priority for those in Southwest Virginia. Compared to the coal subsidies, admittedly, this isn’t much. In NoVa, a million dollars is one high-end home, green features extra. Spread around the coalfields, though, it could have powered up to a hundred homes with solar. Maybe the symbolism was too hard to take. In any case, Republicans scuttled the funding.
Rhetoric triumphed over substance in other ways this session, too. The General Assembly voted to establish a Shoreline Resiliency Fund, but failed to fund it. Clean energy bills from both sides of the aisle fizzled; with few exceptions, those that weren’t killed outright were sent to a newly-announced subcommittee conceived as a dumping ground for solar bills. No meeting schedule has yet been announced for this subcommittee.
Given the urgency of the climate crisis and the pressing need to develop our clean energy sector, this year’s stalemate feels particularly frustrating. We should all ask for our money back.
 Sure, there’s a third possibility: the EPA plan could be withdrawn under a President Trump. But if that’s our future, then defending the Clean Power Plan could be the least of our worries. Hoo-boy. Best not to think about it.
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Ivy, some suggested reading: the Wikipedia entry for The Public Utility Holding Company Act of 1935
Even better, the Act itself. 55 pages, in which the phrase “public interest” appears 68 times:
Click to access puhca35.pdf
Its 2005 repeal by allies of the Bush Administration is the source of all of these problems. PUHCA was created to solve them eighty years ago. Until it is reinstated, they will be never-ending.
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