Virginia buys Dominion’s pig in a poke

How Dominion sees the bill.

A pig in a poke is defined as “an object offered in a manner that conceals its true value, especially its lack of value.” The expression is said to go back about five hundred years to English marketplaces. A poke was a sort of sack, but why 16th century people bought pigs in sacks, and why they would have bought a sack without looking inside, is not at all clear. I’m guessing the seller was the local pig monopoly, and the buyers were timid leaders who meekly paid their farthings and hoped for the best. After all, that is how we do it in the marketplace of Virginia’s General Assembly when Dominion Energy Virginia comes peddling legislation.

And indeed, the true value (or lack of value) of this year’s boondoggle bill (HB 1558/SB 966) will probably not be understood for months or even years to come. The General Assembly passed this legislation that will govern billions of dollars of new spending paid for by Virginia customers after just a handful of hearings over a few weeks, and with no study or input from outside experts. If you will excuse the expression, this is a lousy way to make sausage.

Arguably, the only thing worse than this bill is the law it seeks to fix, the infamous “rate freeze” legislation of 2015 that simply let Dominion keep a billion dollars of customer money to line its own pockets. You’d think legislators would have learned something about legislating in haste and repenting at leisure.

But the legislation could have been worse. We know this because it was worse; the bills Dominion originally put forward returned even less money to consumers, gave the utilities even more leeway on spending, and included the infamous “double dip” that the SCC said would let Dominion charge customers twice for the same projects. The bills improved over the next few weeks under pressure from progressive Democrats, conservative Republicans, the SCC, the Attorney General’s office, the Governor, and consumer and environmental groups.

Whether it is good enough now remains a matter of debate. Conservatives for Clean Energy and the League of Conservation Voters support the bill, especially the provisions relating to investments in energy efficiency and renewable energy. The Sierra Club, an early opponent, used what leverage it had to get the worst provisions changed before removing its opposition late in the game (while still not supporting the bill). The AG’s Office of Consumer Counsel and Appalachian Voices never dropped their opposition.

Nevertheless, the poke has been bought, so you should definitely take a look at the pig. The Virginia Poverty Law Center and the Southern Environmental Law Center produced a handy summary of the bill’s final provisions compared to both the original bill and the status quo under the 2015 law (and sometimes also to the pre-2015 law).

The summary describes the categories of new spending authorized by the law, but a lot is left to interpretation—Dominion’s interpretation, mostly. Customers don’t seem to have any say in how their money gets spent. They are just supposed to feel happy with the provisions granting them some initial refunds reflecting a portion of the overearnings from past years, plus the utility’s savings from the federal tax cut. Going forward, though, the likelihood of further refunds or rate cuts seems remote. The whole point of the bill is to allow utilities to spend overearnings and avoid refunds. And as always, rates can continue to go up through “rate adjustment clauses” (RACs) like the ones that tacked new charges onto electricity bills even when base rates were frozen.

Moreover, what VPLC’s summary (understandably) lacks is a comparison to what ought to be in there: full refunds based on a review of past earnings rather than legislative guesstimates; mandatory—and much higher—levels of energy efficiency, wind and solar; proper regulatory oversight of rates and spending; and an independent assessment of grid modernization needs rather than blanket permission for a utility to indulge in projects that benefit itself most.

We’ll have to wait until next year for any new legislation, but it is not too early to start laying the groundwork. Governor Northam should direct his administration to begin working with national experts on a comprehensive grid modernization study. The goal should not be to tinker around the edges of current law and policy, but to draft a new and better approach from the ground up. (For a great discussion of why we need this study and what it should look like, see Tom Hadwin’s blogpost from last week.)

Meanwhile, legislators should promise their constituents that they will never again allow a public utility to write our energy laws and force through massive and complex changes over the course of a few weeks of the legislative session. Next time Dominion offers a pig in a poke, the answer should be no.

The remaining energy bills: energy choice, carbon trading, the SCC, and coal. Plus, will Dominion be forced to give up its ill-gotten gains?

This is the last of my three-part review of energy legislation introduced in Virginia’s 2018 session. The first post covered solar bills; the second focused on energy efficiency, storage, and electric vehicles. I’m concluding with bills from the miscellaneous file–some of which, however, will likely be among the most significant energy bills addressed this year.

Energy Choice

Readers will recall the ruckus at the SCC that ensued when third-party electricity provider Direct Energy proposed to offer renewable energy to current Dominion customers. The SCC confirmed last spring that this is allowed under the Virginia Code, but only until Dominion wins approval for its own renewable energy tariff. Dominion immediately filed a tariff, though eight months later, the SCC has yet to rule on it. Irked by the delay, Dominion has gotten two of its best friends to introduce bills forcing the SCC to act faster when Dominion wants something. The bills are SB 285 (Saslaw) and HB 1228 (Hugo).

Meanwhile, Senator Sutterlein has introduced SB 837, allowing customers of Dominion and APCo to purchase electricity generated 100% from renewable energy from any supplier licensed to do business in the state, and eliminating the condition that permits such purchases only if the utility itself does not offer a tariff for 100 percent renewable energy. This would resolve Direct Energy’s conundrum, since the approval of a similar Dominion tariff would not nullify an existing—or future—renewable energy offering from Direct Energy or anyone else. HB 1528 (Mullin) is the companion bill in the House.

Carbon trading

Last May, Governor McAuliffe announced Executive Directive 11, which started the process for drafting regulations that would have Virginia participate in a carbon emissions trading program known as the Regional Greenhouse Gas Initiative (RGGI). Electric utilities would be allotted, or would buy, carbon emission allowances. This makes non-carbon-emitting sources and energy efficiency more attractive to utilities than fossil fuel generation. Draft regulations were released in late December, and a comment period runs until April 9, 2018. Governor Northam has pledged to follow through on the program.

As part of this effort, the Administration’s bills include SB 696 (Lewis) and HB 1273 (Bulova), which provide for the state to join RGGI. The legislation is not necessary for Virginia to trade with RGGI, but there is an advantage to the state in doing so: RGGI member states auction off carbon allowances to polluters, rather than giving them away. That provides a significant source of income to the state that can be used to support clean energy, climate adaptation, or other priorities. Accordingly, HB 1273 spells out how the auction revenues would be spent. Energy efficiency and renewable energy would both get pieces of the pie.

Republican critics have counter-attacked. HB 1270 (Poindexter) would prohibit Virginia from joining RGGI or implementing carbon rules. Delegate Yancey, whose lucky win following a tied election barely returned him to office, is affirming his Tea Party credentials with HB 1082, prohibiting state agencies from adopting any rules more stringent than what is required by federal law. And then there is HB 549 (Freitas), which tries to hobble the General Assembly itself, prohibiting any future laws that would direct state agencies to adopt regulations that “are likely to have a significant economic impact” (defined as anything over $500!) unless they pass the bill twice to prove they really, truly mean it.

None of these bills pose a real threat to the Administration’s carbon initiative; the Governor will veto any that pass. A more serious challenge takes the form of a constitutional amendment, because it would not be subject to the Governor’s veto. Last year, Republicans pushed through a bill approving a constitutional amendment that would allow the General Assembly (read: the Republican majority) to nullify any existing regulations enacted by any Virginia state agency on any topic at any time. Since constitutional amendments have to be passed two years in a row before going to the voters for ratification, the same language (which Senator Vogel has reintroduced via SB 826 and SJ69) has to pass again this year.

Bills aimed at the SCC

Our investor-owned utilities are not the only barrier to cleaner energy in Virginia; often the SCC does us no favors either. Some of the energy efficiency bills discussed in my last post would force the SCC to evaluate utility efficiency programs differently. Two other bills are also worth noting:

HB 33 (Kory) repeals a provision prohibiting the SCC from imposing environmental conditions that go beyond what is in a permit, and expressly permits (though it does not require) the SCC to consider environmental effects, including carbon impacts, when evaluating new generating sources.

HB 975 (Guzman) would prohibit the SCC from approving new fossil fuel generating plants unless at least 20% of the generating capacity approved that year uses renewable energy. Too bad we didn’t have a rule like this a few years ago, when Dominion sought (and got) approval for the last of its giant combined-cycle gas plants. Today, however, this could be moot. No utility has proposed a new fossil fuel plant other than relatively small gas combustion turbines (peaker plants), which could meet the 20% rule when paired with even the modest levels of solar generation Dominion contemplates.

Coal subsidies

You think you killed the zombie, but it pops right back up. HB 665 (Kilgore) and SB 378 (Chafin) would reinstate the expired tax subsidies for the mining companies who despoil Virginia mountains. There is little risk of this corporate welfare becoming law again, because the governor would surely veto the legislation if it passes. The more interesting question is whether it gets through this year’s more closely divided General Assembly.

Undoing the Dominion handouts

The boondoggle Dominion won in 2015—the now infamous SB 1349, which allowed the utility to keep overearnings and avoid SCC rate reviews until into the next decade—has been in the news a lot lately. Under pressure from legislators and the media, Dominion has agreed to revisit the so-called “rate freeze.” That doesn’t mean it wants to give the money back. We hear the company is working on a deal with House and Senate leaders that lets it spend its ill-gotten gains on things it wants to do anyway: some for renewables, some for grid upgrades, anything but refunds.

So far, Dominion’s friends in the Senate have its back. Under the guidance of Frank Wagner, the original SB 1349 patron, and Dick Saslaw, Dominion’s top ally among the Democrats, the Commerce and Labor Committee today killed Chap Petersen’s SB 9, which would have restored the SCC’s ability to review utility spending and order refunds. The House companion bill, HB 96 (Rasoul) has not yet been taken up. Currently, no other bills are on file addressing the overearnings, but both Saslaw and Republican Tommy Norment have promised they have excellent bills in the works.

UPDATE January 23: On the last day to file legislation, Terry Kilgore presented us with the first of the new utility boondoggle bills. HB 1558 calls for a small portion of the overcharges to be rebated to customers, after which overcharging would go back to being the normal course of business. Wagner, Saslaw and Newman filed their own bills, supposedly on January 19, though these evaded posting on the website until today. I hear they are similar but haven’t ha time to read them. Petersen, meanwhile, played a new card, introducing SB 955, which would empower the SCC to review the overearnings and order refunds as appropriate.

 

More 2018 bills: energy efficiency, storage, and electric vehicles

 

This prototype of the 2020 Tesla Roadster is not among the EVs available for test drives at Conservation Lobby Day. I’m using the picture anyway because it is as close as I will ever come to owning one. Photo credit Smnt via Wikimedia Commons.

My post last week covered the significant renewable energy bills, especially solar bills, introduced by the end of the first week of the 2018 legislative session. In this post I tackle three other bill categories of interest to clean energy advocates: energy efficiency, energy storage, and electric vehicles.

There is more to some of these bills than my brief description indicates; I just highlight the points I think are most interesting. Also, as with the solar bills, there may be more bills added in the coming week, so keep checking back for updates.

Energy Efficiency

Virginia’s woeful performance on energy efficiency was the subject of a recent guest post here by my colleague Melissa Christensen. A number of legislators have tried in recent years to turn this around, with remarkably little success.

Delegate Rip Sullivan has worked as hard as anyone on finding legislative fixes. He has several efficiency bills this year. HB 963 is the most impactful, requiring electric and gas utilities to meet energy efficiency targets, and to submit plans to the State Corporation Commission (SCC) for its approval describing how they will achieve the targets. The bill would also require utilities and the SCC to prioritize money-saving efficiency measures over proposals for new generation or transmission facilities.

Taking a narrower approach to the problem, two other Sullivan bills address the four tests the SCC uses to determine whether to approve an energy efficiency program proposed by a utility. The SCC has relied on the Ratepayer Impact Measure (RIM) test to reject programs that otherwise would provide cost-effective energy savings. HB 964 removes the RIM test from the list of tests the SCC is required to consider when determining that an energy efficiency program proposed by an electric utility is in the public interest. Instead, the SCC would consider whether the net present value of a program’s benefits exceeds the net present value of its costs as determined under the Total Resource Cost Test, the Utility Cost Test, and the Participant Test.

Taking a different tack, HB 965 defines the Total Resource Cost Test as a test to determine if the benefit-cost ratio of a proposed energy efficiency program or measure is greater than one. An energy efficiency program or measure that meets the Total Resource Cost Test is declared to be in the public interest. If it fails the test, it would then be reviewed under the other tests.

Delegate Tim Hugo’s HB 1261 proposes another way to undercut the SCC’s over-reliance on the RIM test. The bill provides that an energy efficiency program proposed by an electric utility is in the public interest if the net present value of the benefits exceeds the net present value of the costs as determined by any three of the existing law’s four benefit-cost tests. At least, that is surely the intent. Other reviewers say the bill’s wording could potentially be interpreted in a way that undermines its intent.

Two other Sullivan bills also deserve mention. HB 560 establishes a revolving fund to provide no-interest loans to any locality, school division, or public institution of higher education for energy conservation or efficiency projects. HB 204 would allow localities to adopt ordinances to assist commercial building owners in getting energy usage data for tenants in the building.

Finally, Delegate Bell’s HB 58 would generally require state agencies to use LED bulbs instead of incandescent light bulbs for new outdoor lighting fixtures or when replacing bulbs in existing fixtures.

Energy storage

Energy storage is one of the hot topics in energy today. In most states, the focus is on advanced battery technology, which can take the form of battery packs small enough for residential and commercial customers, or arrays large enough to provide utilities with an alternative to new generating plants. The value of customer-sited battery systems goes beyond being able to use solar energy at night; batteries can also provide grid services and help communities prepare for widespread power outages caused by storms or attacks on the grid.

In Virginia, Dominion Energy currently seems more interested in pumped storage hydropower, a decades-old technology that uses reservoirs to store surplus energy, traditionally energy generated at night from coal and nuclear plants, for use in the daytime. A 2017 law gives Dominion support for pumped storage using old coal mines, potentially a boost for the economy of Southwest Virginia but an unproven technology rife with questions about its economic viability and environmental impacts.

At any rate, energy storage will be playing an increasingly important role in Virginia as elsewhere, and three of this year’s bills address it. Delegate Toscano’s HB 1018 seeks to incentivize customer acquisition of energy storage systems with a tax credit of 30% of an energy storage system’s cost, up to $5,000 for a residential storage system or $75,000 for a commercial system. Delegate Habeeb’s HB 782 addresses energy storage at the utility level. It requires the SCC to establish a pilot program under which Dominion and APCo would submit proposals to deploy batteries, up to 10 MW for APCo and up to 30 MW for Dominion.

HJ 101 (Toscano) is a study bill. It tasks the Department of Mines, Minerals and Energy with conducting a two-year study to determine what regulatory reforms and market incentives are necessary to increase the use of energy storage devices in Virginia (including pumped storage hydropower).

Electric Vehicles

As with battery storage, electric vehicle technology is only just starting to register as an important topic in Virginia, and its impact—on utilities, the grid, air pollution and the economy—is just beginning to be discussed. This may be the year legislators become engaged. DriveElectric RVA, an electric vehicle advocacy group, plans to offer test drives of EVs at the capitol on January 22, Conservation Lobby Day.

Three bills deal with EVs this year. HB 469 (Reid) offers a tax credit of up to $3,500 for purchase of a new electric vehicle. HB 922 authorizes local governments to install charging stations and charge for the electricity (individuals and businesses can already do so). HJ 74 (Reid) requires a study of the impacts of vehicle electrification, including on workers in the automotive repair industry. One of the selling points for EVs is that they require minimal maintenance.

Who leads on climate and energy in the General Assembly—and how to get your legislators to up their game

Sierra Club Legislative Chair Susan Stillman presents the Good Government award to Senator Chap Petersen. Photo credit Sierra Club.

Each year the Virginia Chapter of the Sierra Club issues grades to Virginia legislators for their votes on bills related to energy and climate change. It’s not an easy task, especially in the House, where too many good bills die on unrecorded voice votes in small subcommittees, defying attempts to hold legislators accountable. Other bills become victims of party politics. In spite of this, the scorecard manages to separate the champions from the also-rans, not to mention the boneheads running in the opposite direction. Guest blogger Corrina Beall, Legislative Director for the Virginia Sierra Club, lays it all out for you.

 

By Corrina Beall

The Sierra Club Virginia Chapter 2017 Climate and Energy Scorecard grades the Commonwealth’s state-level elected officials on their votes during the 2017 General Assembly Session on legislation that will have an impact on Virginia’s energy policies and standards to fight climate change. Eighteen of Virginia’s 40 senators and 36 of 100 delegates received a score of 80 percent or better on the 2017 Scorecard, reflected in their A+, A and B grades.

Check out your Senator’s and Delegate’s grades and let them know what you think! Thank them for supporting good environmental policies, or let them know that they need to do better. Scorecard available online, here: http://www.sierraclub.org/virginia/general-assembly-scorecard

As a voter, your elected officials care about your opinions even when you disagree. Regardless of party affiliation, your legislator will be interested to know that passionate environmentalists live in his or her district. Even if you never thought it was possible, you may be able to find some common ground. Talk with your legislator about shared values, and from there, the outcome of a friendly conversation about how we govern is anybody’s guess.

Legislators at all ends of the political spectrum need to hear from environmentalists who live in the districts they represent. The environment isn’t a partisan issue: everyone wants clean air to breathe, clean water to drink, and to protect those resources for future generations.

Nine legislators deserve your special thanks this year for their work to protect our environment our air, water or land during the 2017 Legislative Session. Seven will be awarded by are receiving awards from the Virginia Chapter this summer:

  1. Senator Chap Petersen, Good Government Award
  2. Senator Scott Surovell, Water Champion Award
  3. Delegate Mark Keam, Energy Freedom Award
  4. Senator Jennifer Wexton, Energy Freedom Award
  5. Delegate Rip Sullivan, Legislative Leader Award
  6. Senator Jeremy McPike, Environmental Justice Award
  7. Delegate Kaye Kory, Environmental Justice Award

In addition, Senators Amanda Chase and Richard Stuart will be recognized for outstanding contributions on specific bills that help protect Virginia’s water quality from the consequences of our fossil fuel dependency.

Here is the full run-down:

Senator Richard Stuart (R-28) has led on water quality issues in coastal Virginia during his tenure in the Virginia Senate. Since the first commercial oil well was drilled in 1896 in Virginia, it is estimated that seven thousand oil and gas wells have been drilled in the state. Until 1950, there were no permitting or environmental requirements of well operators– and wells no longer in use were not plugged or closed, but simply abandoned. These abandoned wells, and those that are abandoned by insolvent companies, are called “orphan” wells.

According to the latest state review of oil and natural gas environmental regulations, there are at least 130 orphaned wells in Virginia. Orphaned wells that predate regulation often go unnoticed because their locations were never recorded. According to the Virginia Department of Mines, Minerals and Energy (DMME), the cost of plugging an orphaned well is between $50,000 and $60,000. It took fifteen years for DMME to accumulate sufficient funds to complete a project of plugging seven wells.

Virginia’s orphan well program is funded by fees charged to well operators when they apply for a well site permit. The fee was set at $50 in 1990, and remained stagnant until this General Assembly Session. Sen. Stuart introduced successful legislation Senate Bill 911 that will increase the fee from $50 to $200.

Senator Chap Petersen (D-34) showed remarkable leadership by proposing to repeal a statute enacted in 2015 (the now-infamous SB 1349), which froze electric rates at levels that are designed to allow Dominion and Appalachian Power to over-collect money from customers. Virginians are now paying too much for their electricity because our largest utilities are earning unjustified profits. Petersen’s bill would have unfrozen utility rates, and allowed for base rate reviews for both utilities, ultimately resulting in lower electric bills and possibly a refund to consumers.

Additionally, Petersen sponsored Senate Bill 1593, which would ban political contributions from regulated monopolies. Petersen’s stand brought the issue of money in politics to the forefront, a focus that has spilled over into the gubernatorial race.

Senator Scott Surovell (D-36) introduced successful legislation this year to place a moratorium on coal ash disposal permits until the issue has been studied and information has been provided to the regulating entity, the Department of Environmental Quality. Senate Bill 1398 requires Dominion to assess a range of alternatives for disposing or recycling coal ash, the toxic byproduct of burning coal for electricity.

Despite the dangers associated with coal ash, it remains both ever-present and under-regulated. Coal ash is the second largest industrial waste stream in the United States. Vast quantities of poorly-contained ash sit in numerous pits along many of the Commonwealth’s most prized rivers, including the James, the Clinch, and the Potomac Rivers. In many cases, coal ash disposal sites are located upstream from popular fishing, kayaking, and hunting destinations.

The bill is an important step toward protecting every Virginian’s right to clean water. Senator Amanda Chase (R-11) co-patroned the bill. Chase raised the profile of this issue and rallied support around this measure, and after a weakened version of the bill passed in both chambers, she pushed for the Governor to strengthen the bill by amending it to include a prohibition on future issuance of permits until the studies are submitted to DEQ in December of 2017.

At the Request of the Virginia Distributed Solar Collaborative, Senator Jennifer Wexton (D-33) and Delegate Mark Keam (D-35) introduced companion legislation to establish community-owned renewable energy programs in Virginia with Senate Bill 1208 and House Bill 2112. Community-owned projects are not legal in Virginia, but could provide the option to power homes and businesses with clean energy for renters, apartment and condo dwellers, low-income families, and buildings that have unfavorable characteristics for on-site generation like deep shade.

Development of wind or solar energy that provides power to multiple community members leverages an economy of scale to reduce the price for each individual customer. By owning or leasing the solar or wind system, each community member taking part in the project can reduce his or her utility bills. Although these bills failed, they helped legislators understand what a true “community solar” bill looks like, and have helped set the stage for future efforts.

Delegate Rip Sullivan (D-48) introduced a suite of bills on energy efficiency this year in addition to a bill to establish renewable energy property tax credits in Virginia, HB 1632. Sullivan’s bills include HB 1703 (energy efficiency goals), HB 1636 (adjusting energy efficiency programs’ criteria for approval by the SCC), and HB 1465. Only HB 1465 passed.

House Bill 1465, which will become law in July, requires the Department of Mines, Minerals, and Energy (DMME) to track and report on the state’s progress towards meeting its energy efficiency goal. Virginia has a voluntary goal, set in 2007, of reducing electricity consumption by 10 percent by 2022, and we are only a tenth of the way there. Despite the modesty of our goal, at our current pace we will not attain it. This legislation requires that the Governor, the General Assembly and the Governor’s Executive Committee on Energy Efficiency will receive an annual report on our progress. Sullivan’s bill will provide a tool to hold the Commonwealth accountable for reaching our energy efficiency goal, and increase government transparency.

Senator Jeremy McPike (D-29) and Delegate Kaye Kory (D-38) introduced Senate Bill 1359 and its companion, House Bill 2089, which require every public school board in the state to adopt a plan to test for lead in each school’s drinking water. Children are particularly vulnerable to the harmful effects of lead poisoning, but often do not look sick. Lead in the body can cause brain damage and developmental problems including learning disabilities, impulsive behavior, poor language skills and memory problems. This bill will become law in July.

Does Dominion buy votes? Sure, but not the way you think.

By Djembayz – Own work, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=26128831

Observers, critics, and even legislators agree that utility giant Dominion Resources is the single most powerful force in the Virginia General Assembly. It gets the legislation passed that it wants, and it almost always succeeds in killing bills it doesn’t like. Media stories point out one reason for this huge influence: the company gives more money to political campaigns than does any other individual or corporation.

But it’s more complicated than that. Dominion distributes its largesse among Republicans and Democrats alike according to rank and power, not according to party affiliation, and not according to how they vote. Legislators stay on the gravy train even when they occasionally vote against Dominion’s interests. (No lawmaker consistently votes against Dominion’s interests. That would be weird. It is, after all, a utility.)

In the General Assembly, the most money goes to members of the Senate and House Commerce and Labor Committees, which hear most of the bills affecting energy policy. But Dominion also donates to the campaigns of nearly every incumbent lawmaker, regardless of committee assignment. It does not, however, donate to their challengers. Only to the victors go the spoils.

So today let’s look at some of the lucky recipients of Dominion’s money. This information comes from the Virginia Public Access Project, vpap.org, supplemented by information available on the General Assembly website. 

Legislators whose campaigns have received more than $50,000 from Dominion (lifetime)

Recipient Party District number and region Total $ from Dominion 2014-2015 election cycle
Sen. Saslaw D 35  NoVa (Fairfax/Falls Church) 298,008 57,500
Del. Kilgore R 1    Southwest 162,000 35,000
Sen. Deeds D 25   Piedmont 109,700 1,500
Sen. Norment R 3    Middle Peninsula/Tidewater 107,740 21,500
Del. Cox* R 66   Central 90,799 29,099
Sen. Wagner R 7    Tidewater 79,735 26,885
Del. Plum** D 36   NoVa 78,750 4,000
Del. Hugo R 40  NoVa 54,400 11,000
Sen. Obenshain R 26  Shenandoah Valley 51,000 5,000

Notes:

  • Lifetime totals may include more than one campaign committee. Creigh Deeds collected money for Delegate, Senate, AG and Governor’s races, which explains how he racked up this much in donations; he was also formerly a member of Commerce and Labor, but by 2014 he’d been removed from the committee.
  • I chose 2014-2015 as a single election cycle comparison because both House and Senate seats were up that year.
  • *Cox is not on Commerce and Labor but is House Majority Leader, a position that propelled him into the ranks of top Dominion recipients.
  • **Plum is a former member of House Commerce and Labor and currently a member of the Commission on Electric Utility Regulation. (Other Commission members include Delegates Kilgore, Hugo, Miller, Villanueva and James; and Senators Norment, Lucas, Saslaw and Wagner.)

Saslaw, Kilgore, Norment, Wagner, Hugo and Obenshain all sit on the Commerce and Labor committees that hear most of the bills affecting Dominion’s business dealings. Wagner chairs Senate C&L and runs it as his personal fiefdom; Saslaw did the same when Democrats held the Senate. He will be Chairman again if control switches back. In addition to sitting on Senate C&L, Norment is the Senate Majority Leader.

Kilgore chairs House C&L, and like Wagner, he controls not just the docket but usually the outcome of votes. Hugo is House Majority Caucus Chairman in addition to being a member of C&L.

These powerful men (they are all men, and all white) get the biggest donations, but anyone with a seat on the committee can expect to collect donations from Dominion.

Dominion donations to Commerce and Labor Committee members

Senate

Senator Party District number and region Total $ from Dominion 2014-2015 election cycle
Wagner (Chair) R 7  Tidewater 81,985 26,885
Saslaw (former Chair, Minority Leader) D 35  NoVa (Fairfax/Falls Church) 298,008 57,500
Norment R 3    Middle Peninsula to Tidewater 107,740 21,500
Newman R 23 Roanoke area 20,500 3,000
Obenshain R 26  Shenandoah Valley 51,000 5,000
Stuart R 28  Fredericksburg area 20,750 6,000
Stanley R 20  Southside 19,500 9,000
Cosgrove R 14  Tidewater 7,000 2,000
Chafin R 38  Southwest 10,500 6,500
Dance D 16  Central 25,692 9,000
Lucas D 18  Tidewater 31,950 5,200
McDougle R 4    Central 47,250 10,000
Black R 13  NoVa (outer suburbs) 9,750 1,000
Sturtevant* R 10  Central 4,000
Spruill D 5    Tidewater 35,419 4,200

*Sturtevant joined the Senate in 2016.

House Commerce and Labor Special Subcommittee on Energy

Delegate Party District number, region Total $ from Dominion 2014-2015 cycle
Kilgore (Chair) R 1    Southwest 162,000 (top) 35,000
Byron R 22  Southwest 24,500 4,000
Ware, L. R 65  Central 26,800 4,000
Hugo R 40  NoVa 54,400 11,000
Marshall, D.W. R 14  Southside 20,250 5,000
Cline R 24  West (Lexington area) 13,750 3,000
Miller, J R 50  NoVa (western suburbs) 29,000 7,500
Loupassi R 68  Central 20,000 5,000
Habeeb R 8    Southwest 12,500 5,000
Villanueva R 21  Tidewater 11,000 3,500
Tyler D 75  Southside 17,000 4,000
Keam D 35  NoVa 8,750 2,750
Lindsey D 90  Tidewater 3,300 2,300

Other House Commerce and Labor members (not on energy subcommittee)

Delegate Party District number, region Total $ from Dominion 2014-2015 cycle
Bell, Robert B. R 58  Piedmont 14,500 3,500
Farrell* R 56  Central 0 0
O’Quinn R 5    Southwest 6,500 3,000
Yancey R 94  Tidewater 10,000 3,500
Ransone R 99  Northern Neck 8,500 2,500
Ward, J D 92  Tidewater 23,500 5,000
Filler-Corn D 41  NoVa 10,500 3,000
Kory D 38  NoVa 6,250 1,000
Bagby D 74  Central 2,000 1,000
  • Names appear in the order they are listed on the General Assembly website for each committee. In the Senate, this reflects seniority; in the House, Republicans come first, and then seniority.
  • *Peter Farrell is the son of Thomas Farrell, II, CEO of Dominion Resources. He gets no cash from Dominion and abstains on votes that directly affect the utility. Those who worry that the family relationship might keep him off the gravy train will be relieved to know his dear old dad gives his campaign $10,000 a year, and more than a dozen other top Dominion executives also pitch in hundreds or thousands of dollars apiece annually to make sure he stays on the public payroll.

Compared to whom?

One problem with singling out Dominion is that it is only the biggest and most conspicuous player of the influence game. It has plenty of company. Appalachian Power Company (APCo) also donates generously to legislators in leadership positions and those on C&L. And our utilities are not exceptions. Richmond is awash in corporate cash.

So let’s look at Appalachian Power Company’s top dozen Senate and House recipients in 2014-2015. We can compare these amounts to what these guys (all men again) received from Dominion and Altria, another large Virginia company that isn’t in the utility business. And just for fun, I’ve added columns showing donations from the solar industry trade group MDV-SEIA and the environmental group Sierra Club.

Recipient Party APCo Dominion Altria MDV-SEIA** Sierra Club***
Sen. Saslaw D 20,000 57,500 27,500 1,000 0
Sen. McDougle R 15,000 10,000 26,500 0 0
Sen. Wagner R 12,500 26,885 10,500 2,500 0
Sen. Norment R 12,500 21,500 35,000 2,500 0
Del. Hugo R 10,000 11,000 2,500 500 0
Del. Cox R 10,000 29,099 0 0 0
Del. Kilgore R 7,500 35,000 2,000 0 0
Del. Miller R 6,500 7,500 2,000 0 0
Sen. Alexander* D 4,500 5,000 1,500 0 0
Del. Habeeb R 4,000 5,000 500 0 0
Sen. Obenshain R 2,500 5,000 1,000 0 0
Sen. Stanley R 3,600 9,000 6,000 0 0
  • *Kenny Alexander was a member of Senate Commerce and Labor in 2014 and 2015.
  • **MDV-SEIA donated to only five candidates in the 2014-2015 election cycle. In addition to the contributions shown, the association gave $2,500 to Delegate Villanueva.
  • ***Sierra Club-Va. Chapter made a total of $33,410 in campaign contributions during the 2014-2015 election cycle, but very few of its recipients sit on Commerce & Labor. Of those who do, Delegate Villanueva received the largest donation, $200. Sierra Club Legislative Director Corrina Beall notes that “most of Sierra Club’s donations are in-kind donations rather than cash donations. Our contributions are made in staff time spent communicating with our members and supporters about candidates who we have endorsed.”

What do you get if you’re not a big shot or on C&L?

Dominion gives to almost everyone; after all, bills that pass committee still have to go to the floor. I chose half a dozen lesser-known delegates at random to compare to the Commerce and Labor committee members. All have been in the General Assembly for at least six years.

Here’s what they got for the 2014-2015 legislative cycle. I threw in APCo and Altria for comparison.

$ From Dominion $ From APCo $ from Altria
Anderson, R (R) 2,000 275 1,000
Edmunds, J   (R) 1,500 0 1,000
Knight, B (R) 3,500 1,275 1,000
McQuinn, D (D) 3,750 1,500 500
Watts, V (D) 2,000 500 1,000
Helsel, G (R)* 0 0 1,000
  • *Helsel received $2,500 from Dominion in 2011-2012 but nothing since, and has never received money from APCo.

So the little people did about as well as the C&L members who aren’t on the energy subcommittee, but less well than the subcommittee members.

What does the money buy?

Legislators swear they don’t allow the money to influence their votes. And yet it seems obvious that donors expect that very thing. There’s a clear gap between what the donors think their money buys, and what legislators think they give in return. You might call this the “credibility gap.” And yet as I’ve observed before, if a few thousand bucks is enough to buy a vote, then the real scandal isn’t that legislators can be bought, but that they can be bought so cheaply. Obviously, there is more to it.

Defenders of unlimited campaign contributions like to think donors give money to candidates whose views they share, or to lawmakers who have done a good job in office and need the money to win election and continue doing a fabulous job. That seems to describe Sierra Club’s approach, but it certainly doesn’t describe Dominion’s. Dominion gives money to everyone, and almost none of the recipients need the money to stay in office.

According to VPAP, more than 50% of Virginia legislators ran unopposed during the last election. Only 10% of members had races that could be described as anything close to competitive (defined as a margin of less than 10%). Even if you totally approve of the job these legislators are doing, you don’t need to give them money to make sure they keep their seats. The only purpose of contributions to these members is to buy influence by helping them build power.

House Commerce and Labor Chairman Terry Kilgore, for example, has not had an opponent since 2007, when he took 72% of the vote. Yet since 2008, he has collected $135,500 from Dominion, among almost $2 million in contributions from all sources.

What does he do with all that money? VPAP shows that during the 2014-2015 season he spent some $80,000 on staff and political consultants, $50,000 on legal and accounting, $35,000 on fundraising (hello?), $23,000 on something called “Community Goodwill,” $22,000 on mail, printing and postage, $12,000 on “Legislative Session,” $11,000 on travel and meals, $28,000 on advertising, signage, and phone calls, and another $15,000 or so on other campaign-related things. All this for a part-time legislator running unopposed.

But the biggest expense Kilgore reported was not for his campaign, but for the campaigns of fellow Republicans. Donations to other candidates and party committees in 2014 and 2015 added up to about $174,000. Dominion’s money indirectly helps candidates who might have competitive campaigns; directly, it helps Kilgore build power and influence for himself.

We could do a similar analysis on the Democratic side with Senator Saslaw, who draws at least token opposition in every election but has never won by less than a 17-point margin. He still collected over a million dollars in campaign contributions in 2014-2015, and spent all but a fraction of it on donations to party committees and other candidates.

In both cases, and for all the other top recipients of Dominion’s cash, the campaign donations have nothing to do with candidates getting elected, and everything to do with securing the loyalty of legislative power brokers who, by doling out money themselves, can deliver the votes on Dominion-backed bills when needed. Rank-and-file legislators don’t vote for a Dominion bill because they got a $1,000 donation. They vote for a bill when their party leader tells them to, especially when that leader can remind them he’s helped direct tens of thousands of dollars to their campaigns.

And then there’s this troubling aspect . . .

I’d be remiss not to mention one other peculiarity of Virginia election law, which is that candidates are not prohibited from using campaign money for personal expenses. The Washington Post ran a series of outraged editorials about this a few years ago that is worth looking up (I wrote about it here). This same practice cost now-Vice President Mike Pence an election way back in 1990, when records showed Pence used campaign donations to pay his mortgage and other personal expenses. But here in Virginia, the Post’s revelations about Delegate Hugo paying his cell phone bills with campaign money produced neither repercussions nor changes in the law.

Some legislators introduce legislation every year to ban the use of campaign cash for private gain; every year it fails in an unrecorded subcommittee vote. See, e.g., Delegate Marcus Simon’s HB 1446 this year.

Why doesn’t anyone turn down the money?

It’s pretty hard to find legislators who don’t take Dominion’s money. The vast majority who do includes Senator Chap Petersen, who made news this year first by calling for a repeal of the 2015 boondoggle that will net Dominion a billion-dollar windfall at customer expense, and when that bill failed (in Senate Commerce & Labor, ahem), by calling for a ban on campaign contributions from public service corporations like Dominion. Petersen received $2,500 from Dominion in the 2014-2015 cycle, and another $1,000 in 2016. Of course, that was before the 2017 session brouhaha.

One legislator who has sworn off Dominion’s money is Delegate Rip Sullivan, an Arlington Democrat known for his bills to improve Virginia’s dismal achievements on energy efficiency—bills that Dominion opposes when they come before Commerce and Labor. (The only efficiency bill that passed this year is one from Senator Dance that merely requires tracking of energy efficiency progress. Sullivan’s identical House bill was killed in the House energy subcommittee.)

I asked Sullivan why he doesn’t take Dominion’s money. I liked his answer so much that I’ll give him the last word:

“I have very publicly made clear from the day I announced for the HOD that I would not take any money from Dominion. I have been equally clear that a major part of my agenda in RVA relates to climate and renewable energy–as you know, I’ve introduced numerous bills on renewable energy tax credits, community solar, energy efficiency, etc. . . .

“I have also made clear that I understand the reality that to make progress on these issues in the GA I will need to interact and hopefully work with Dominion. And I have tried to establish and maintain relationships there to hopefully facilitate dialogue, understanding and hopefully progress on environmental issues. But I never want there to be any question about where–or with whom–I stand on these issues, and I don’t want anyone questioning my motives or actions with any suggestion about getting money from Dominion. And, of course, I want Dominion to understand that I am not beholden to them in any way. Frankly, it’s just cleaner (pardon the pun) to not take Dominion money, and shame on me if I can’t find somewhere else anyway to raise the thousand bucks they’d give me.”

Virginia legislators named to review clean energy bills

Workers install solar panels at the University of Richmond.

Workers install solar panels at the University of Richmond.

Virginia’s 2016 legislative session began with a host of worthy bills promoting energy efficiency, wind and solar, but ended with almost none of the legislation even having been considered in committee. The Republican chairmen of the Senate and House Commerce and Labor committees instead “carried over” the bulk of the bills, announcing plans for a new subcommittee to study them and make recommendations for 2017.

Members of the subcommittee have now been named. Senator Frank Wagner has tapped Senators Black, Cosgrove, Stuart and Dance to serve. This information is now on the General Assembly website. Delegate Terry Kilgore has named Delegates Ware, Hugo, Ransome, Miller and Keam.

No meeting schedule has been announced, but lobbyists for the utilities and the solar industry trade association, MDV-SEIA, have begun meeting in private to discuss potential compromises. This can’t be called a stakeholder process; the meetings are not open to the public, and they have not invited participation by environmentalists or, with one exception, anyone on the consumer side representing the interests of local government, colleges and universities, churches, eco-friendly businesses or residential customers.

(The exception is a lobbyist for Loudoun County landowner Karen Schaufeld, a newcomer to energy issues who formed a group called Powered by Facts and hired lobbyists to advocate for expanded agricultural net metering and other pro-solar reforms.)

Anything that emerges from these meetings will likely have a significant impact on the subcommittee. Yet, given the importance of this issue to the commonwealth, the subcommittee should ensure it hears from all solar stakeholders. More importantly, committee members should explicitly adopt as their measure of progress a simple test: whether the language of a bill will lead to greater private investment in solar in Virginia. Wagner and Kilgore have said they want to see the growth of solar here, and all of the legislators publicly subscribe to the values of free market competition and consumer choice. But without a guidepost, we are likely to see the utilities bully the solar industry into a “compromise” that shifts the ground a bit but continues to strangle the private market–and leaves us further than ever behind other states.

Who’s who on the committee

All of the legislators named to the study committee are Commerce and Labor committee members, but beyond that, many of these appointments are surprising, as they don’t necessarily reflect demonstrated interest in the subject. It is also disturbing that only one Democrat was named from each side. (Dance is the Senate Democrat, Keam the House Democrat. They are also the only minorities represented.) There is no reason energy efficiency and renewable energy should be partisan issues, but in the past, party affiliation has been the single most powerful predictor of votes on clean energy.

To gage how these legislators approach the issues, I took a look at the Sierra Club’s Climate and Energy Scorecard for 2014 and 2015. Scores for 2016 are not yet available. It is important to note that in the House, most renewable energy legislation has been killed by unrecorded voice votes in the Commerce and Labor subcommittee, preventing the votes from being scored. So the scorecard is only a starting point.

The Senators

Frank Wagner himself earned a D in 2015, with a voting percentage of 60%. This was up from an F in 2014. The Virginia Beach Republican is the only member on this subcommittee to have exhibited a serious interest in energy issues, having shaped many of Virginia’s current policies. Unfortunately, he is closely allied with Dominion Power, voted for tax subsidies for the coal industry, tends to doubt the reality of climate change, and has been sharply critical of the EPA Clean Power Plan. On the plus side, he believes renewable energy should play an important role and was instrumental in launching the state’s bid for offshore wind. He also genuinely welcomes input from the public at meetings he runs.

That makes his committee choices all the more peculiar. Dick Black is better known as a social crusader who lines up with the far right wing of his party, most notably in opposition to abortion, gay rights and gun limits. Most recently, he made headlines by meeting with Syrian president Bashar Assad and urging the U.S. to lift economics sanctions against the Assad regime.

Black is a climate denier of the delusional variety, insisting at an event last August that global temperatures have not risen in 17 years and that no major hurricanes have hit the American mainland in 9 years. (2014 was the hottest year on record until 2015 seized the trophy. Superstorm Sandy, the largest Atlantic hurricane on record, struck in 2012.)

The forum was an “American for Prosperity grassroots event” (sic). The “crowd of about 18 people” included former Senator Ken Cuccinelli, no slouch himself in the climate denial department. Black compared EPA employees to “Bolshevik communists.” He and Cuccinelli used the event to criticize the Clean Power Plan as “part of a government scheme to send billions in taxpayer funds to ‘wind and solar scams’ and ‘billionaire liberals.’”

He received a grade of F from the Sierra Club in both 2014 and 2015. With a voting percentage of just 14% last year, he had the worst record in the Senate on climate and energy bills. In sum, the appointment of Dick Black to this committee can’t be called an effort to seek out thoughtful voices on the issues.

John Cosgrove is a solid conservative on name-brand issues like guns and abortion, though decidedly lacking Black’s flair for headlines. With a 67% score, he received a grade of D from the Sierra Club in 2015, up from an F in 2014. A review of the bills he has introduced in the last two years showed none related to climate or energy, again raising the question of why he was chosen for this particular subcommittee.

Richard Stuart’s voting record of 50% earned him an F in 2015, down from a C in 2014. However, he earned an award from the Sierra Club in 2014 for introducing a bill to regulate fracking; the bill did not pass. Senator Stuart also received “extra credit” on the 2015 scorecard for introducing the bill that established the Virginia Solar Energy Development Authority. In 2016, he also introduced one of the more ambitious renewable energy bills, working with Schaufeld’s Powered by Facts.

Roslyn Dance is the lone Democrat and only woman selected from the Senate. She has consistently voted on the side of clean energy, and was the patron of 2015 legislation raising the size limit on net-metered projects from 500 kW to 1 megawatt. This work earned her an award from the Sierra Club that year.

Dance scored 100% on both the 2014 scorecard (when she was a delegate) and the 2015 scorecard, for a grade of A+ each year. However, she came in for intense criticism in the 2016 session for abstaining on Senator Surovell’s coal ash bill, knowing it would fail in committee without her vote. The bill would have required Dominion Virginia Power to move stored coal ash out of unlined ponds along rivers for disposal in lined facilities away from water sources. Dance’s abstention was widely thought to be a favor to Dominion Power, saving the company from what might have been a nasty fight on the Senate floor.

The Delegates

Terry Kilgore, Chairman of House Commerce and Labor, represents part of rural southwest Virginia, and has close ties to Appalachian Power Company and the coal industry, both of which contribute generously to his campaigns. Bills opposed by utilities have little chance in his committee. In 2015, he earned an F on the energy and climate scorecard, with a 50% score, down from a D (63%) in 2014.

Lee Ware represents a suburban and rural area west of Richmond, stretching from the western side of Chesterfield County. He earned a C (75%) in 2014 and an F (50%) in 2015. In spite of these scores, he has shown an independent, thoughtful approach to energy legislation, and has demonstrated a serious interest in promoting energy efficiency. His bill to change how the State Corporation Commission evaluates utility efficiency programs is one of the pieces of legislation to be considered this summer.

Tim Hugo represents a suburban Northern Virginia district. He earned a D (67%) in 2014, with extra credit for introducing a bill that reclassified solar equipment as “pollution control equipment,” earning it a critical exemption from a local business property tax known as a “machinery and tools” tax. In 2015 his score dropped to an F (56%), in spite of an extra credit bump from introducing the House version of the Solar Development Authority bill.

As Majority Caucus Chair, Hugo’s poor scores reflect the leadership’s pro-coal, anti-regulation platform. He is nonetheless keenly interested in promoting solar energy, at least where he can do so without running into utility opposition. His close ties to Dominion have often meant he led the opposition to pro-solar net metering reforms, keeping them from moving out of the committee.

Margaret Ransone is the only woman named to the House subcommittee. She received an F (57%) in 2015, down from a C (71%) in 2014. She represents counties along the Northern Neck, near Richmond. She is not on the Commerce and Labor energy subcommittee, and has shown no particular interest in the subject. Her website suggests a mix of the ideological (pro-gun, anti-abortion) and the practical (high speed internet for rural areas).

Jackson Miller received an F (44%) in 2015, down from a D (63%) in 2014. His district is close to Hugo’s, covering the City of Manassas and part of Prince William County in the outer suburbs of Northern Virginia. Miller is Majority Whip for the House. He has consistently voted against expanding net metering options.

Mark Keam is the only Democrat on the House subcommittee as well as the only ethnic minority (he is Korean). He received an A+ (100%) in 2015, up from an A (88%) in 2014. He has generally supported expanded opportunities for renewable energy.

Battles over climate and coal go unresolved, but Virginians still paying more

Students rally for climate action in Alexandria, Virginia. Photo courtesy of Sierra Club.

Students rally for climate action in Alexandria, Virginia. Photo courtesy of Sierra Club.

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.[1]

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?

Crickets.

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.


[1] 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.