Author Archives Laura Arnold

We are now moving into the final two weeks of the 2008 session of the Indiana General Assembly. State legislators at this stage of the game only address bills that have already passed both the House and the Senate. Conference Committees are appointed to work out the differences between the versions or the variations of the proposed legislation.

Quite frankly, I refer to this period of the session addressing Conference Committees as the "Twilight Zone".

Wikipedia says this: "The Twilight Zone is an American television anthology series created (and often written) by its narrator and host Rod Serling. Each episode (156 in the original series) is a self-contained fantasy, science fiction, or horror story, often concluding with an eerie or unexpected twist."

It's the eerie or unexpected twist I guess that causes me to think of Conference Committees as sometimes taking place in the "Twilight Zone". Anything can and does happen during this part of the session. Just remember that this episode of the bizarre fantasy known as the 2008 session of the Indiana General Assembly will conclude March 14th! Of course, there is the possibility that Governor Mitch Daniels will call state legislators back to the State House for a Special Session, however, that is not likely unless they fail to act on property tax relief.

HB 1117 addresses a variety of coal issues including coal gasification. Sen. Hershman added an amendment in the Senate that establishes a weak renewable electricity standard.

For more information see these recent articles:
from the Speedway Navigator http://www.speedwaynavigator.net/V3I1/a24.html
and from the South Bend Tribune http://www.southbendtribune.com/apps/pbcs.dll/article?AID=/20080223/BIZ/802230442.

Renewable energy advocates will want to watch HB 1117 closely during conference and to communicate with conferees, advisors and their own state legislators to urge that the renewable electricity standard language be strengthened in the bill.

The conferees and advisors appointed for HB 1117 last week (02/28/08) are as follows:

House conferees appointed: Reps. Stilwell and Koch
House advisors appointed: Reps. Battles and Lutz
Representative Grubb appointed as House advisor
Senate conferees appointed: Sens. Hershman and Lewis
Senate advisors appointed: Sens. Wyss and R. Young

HB 1280 as introduced set out procedures for energy efficient buildings. In the Senate Energy and Environmental Affairs Committee, the bill was amended to require the Environmental Quality Service Council (EQSC) to study whether public entities should be required or encouraged to seek to achieve energy and environmental design ratings in the construction and renovation of buildings and structures. Sen. Gard, Chairman of the Senate Energy and Environmental Affairs Committee, agreed to allow HB 1280 to go to a conference committee to allow parties an opportunity to continue to work on compromise language to address concerns expressed by the Indiana hardwood lumber industry.

Thus far, only House conferees and advisors for HB 1280 have been appointed as follows:

House conferees appointed: Reps. Pierce and Wolkins
House advisors appointed: Reps. Austin and Friend

Stay tuned for the next episode of the "Twilight Zone"!

This report from Solar Nation. See http://www.solar-nation.org/.

Funding will be an Issue for the U.S. Senate

Thousands of solar citizens sent messages to their U.S. representatives in the last few days to urge support for the House bill that would create tax credits for renewable energy.

Here's what happened:

A few minutes ago (late afternoon on 02/27/08), the U.S. House of Representatives passed the Renewable Energy and Energy Conservation Tax of 2008 (H.R. 5351). The final vote was 236 - 182 with 11 members of the House not voting, and was largely split along party lines.

See http://clerk.house.gov/evs/2008/roll084.xml

In a joint statement, Speaker Pelosi, House Majority Leader Hoyer and sponsor of the bill Rangel said: "The bill extends and expands tax incentives for renewable electricity, energy and fuel, as well as for hybrid cars, and energy efficient homes, buildings, and appliances. It does not add to our deficit, but rather repeals $18 billion in tax subsidies for Big Oil companies."

"The bill extends and expands tax incentives for renewable electricity, energy and fuel, as well as for hybrid cars, and energy efficient homes, buildings, and appliances," the Democratic leaders' statement continued. "It does not add to our deficit, but rather repeals $18 billion in tax subsidies for Big Oil companies. By strengthening our renewable energy sector, the bill will help create the next generation of good-paying, green collar jobs and bring down energy prices in the long term.”

House Democrats spoke out in favor of the bill, saying that it will help push the U.S. toward energy independence. On the other side of the aisle, House Republicans spoke out against it on the grounds that it would do nothing more than single out America's domestic oil industry with higher taxes that will hurt the economy and the pocket books of consumers.

H.R. 5351 will increase investment in renewable energy and energy efficiency and will pay for that investment by repealing unnecessary tax breaks to traditional energy companies. It is similar to the Renewable Energy and Energy Conservation Tax Act (H.R. 2776) that passed the House as part of a bipartisan energy package in August 2007 but was stripped in order for the package to pass in the Senate.

The Bush Administration has already issued a letter indicating that the president will veto a bill that rolls back tax breaks for the oil and gas industry, so all eyes are now on the Senate, to see whether the Finance Committee can find less objectionable sources of revenue.

STATEMENT BY RHONE RESCH WITH SEIA ON HOUSE PASSAGE OF RENEWABLE ENERGY BILL, H.R. 5351

U.S. House Hits a Home Run for Solar and Other Renewable Energy; U.S. Senate is Up to Bat

"With opening day for ballplayers only 33 days away, the U.S. House of Representatives stepped up and hit a home run for consumers by passing an energy bill that shifts our economy towards production of clean, reliable, domestic renewable energy. Citizens and business leaders across the country are calling out for change and today Congress listened. This legislation is supported by hundreds of the top U.S. corporations, utilities, environmental groups, labor, and public health groups in the U.S. These leaders, including The Home Depot, Wal-Mart Stores, Best Buy Co., Target, Florida Power and Light, Pacific Gas & Electric, Physicians for Social Responsibility, National Resources Defense Council, and the United Steelworkers have come together to support passage of this historic legislation.

"The incentives in this legislation will greatly expand the use of solar energy, and we estimate solar power will provide 50 percent of all new electricity generated in the U.S. within eight years. During this growth, the solar energy industry will become an economic engine, creating tens of thousands of high-tech jobs and billions in investment throughout the nation. It will also help our country achieve national energy security and save American taxpayers billions in energy costs.

"Now, the Senate is up to bat and we are cheering in the stands. It's up to Senate leaders to step up to the plate and find a workable path to pass this important bill. They must decide if they stand with the 85 percent of Americans who want clean energy and a more secure America or if they will maintain the status quo. It’s time for the Senate to listen to business leaders and the American public and pass legislation that creates a market for solar energy in the U.S."

###See Feb. 26 Coalition Letter: http://www.seia.org/HR5351StakeholdersSupportLtr.pdf

Summary of Renewable Energy Bill, H.R. 5351:
http://www.seia.org/HouseEnergyTaxBillSummary2-12-08.pdf

Full Text of Bill, H.R. 5351:
http://www.seia.org/HouseEnergyBillText2-12-08.pdf

SEIA Press Contact: Monique Hanis 202.682.0556, ext. 4202.236.8220 cell
Solar Energy Industries Association (SEIA) is the national trade association of solar energy manufacturers, dealers, distributors, contractors, installers, architects, consultants and marketers. Established in 1974, SEIA works to expand the use of solar technologies in the global marketplace, strengthen research and development, remove market barriers, and improve education and outreach for solar.

To see how your Member of Congress voted see:
http://clerk.house.gov/evs/2008/roll084.xml

The Indiana Congressional Delegation voted as follows:

Voting "YES" were: Donnelly, Ellsworth, Hill and Viscloskey.

Voting "NO" were: Buyer, Burton, Pence and Souder.

Around 2:30 pm yesterday afternoon (02/19/08) the Indiana State Senate passed HB 1117 by a vote of 33 to 12. The bill contains the weak Renewable Electricity Standards (RES) language that was originally in SB 224. Chapter 37 contains the language regarding Renewable Energy Development.

To see how your State Senator voted please see:
http://www.in.gov/legislative/bills/2008/PDF/Srollcal/0209.PDF.pdf

HB 1117 specifies that each Indiana electricity supplier shall supply electricity that is generated from a renewable energy resource or an advanced energy resource to Indiana retail customers as a percentage of the total electricity supplied as follows:

• 2% by 2011;
• 4% by 2016; and
• 6% by 2020.

An electricity supplier may not use an advanced energy resource to supply more than 50% of the electricity. The bill exempts municipal electric utilities as well as rural electric co-ops or REMC's.

The bill defines "renewable energy resources" as alternative sources of renewable energy, including the following:

• wind energy;
• solar energy;
• photovoltaic cells and panels;
• dedicated crops grown for energy production;
• organic waste biomass;
• hydropower from existing dams;
• fuel cells;
• energy from waste to energy facilities that produce steam that is not used for the production of electricity;
• methane systems that convert waste products including animal, food, and plant waste, into electricity;
• methane recovered from landfills or underground coal mines; and
• ocean current or wave energy.

A renewable energy resource does not include energy from the incineration, burning, or heating of the following:

• tires;
• garbage;
• general household, institutional, or commercial waste;
• industrial lunchroom or office waste.; and
• feedstock that is municipal, food, plant, industrial, or animal waste from outside Indiana.

• combined heat and power systems that: (A) use natural gas or renewable energy resources as feedstock; and (B) achieve at least seventy percent (70%) overall efficiency;
• demand side management or energy efficiency programs that: (A) reduce electricity consumption; or (B) implement load management or demand response technologies that shift customers' electric load from periods of higher demand to periods of lower demand;
• waste coal;
• clean coal and energy projects (as defined in IC 8-1-8.8-2); and
• other non-carbon dioxide emitting or low carbon dioxide emitting electricity generating technologies, including integrated gasification combined cycle generation with the capability for carbon capture and sequestration through: (A) storage; or (B) enhanced oil recovery.

To view the bill in its entirety see: http://www.in.gov/legislative/bills/2008/PDF/EH/EH1117.1.pdf.

So what happens next? The bill returns to the House with amendments. The House author Rep. Russ Stilwell (D-Boonville) has two choices: 1) file a motion to concur with the amendments added to HB 1117 in the Senate and then a roll call vote is required on the House floor or 2) file a dissent motion and request that the bill be appointed to a Conference Committee. I expect HB 1117 will go to a Conference Committee.

When a bill goes to a conference committee to work out the differences between the House and Senate versions of the bill, four legislators are appointed to work out the differences. Normally, there are two House members--a Democrat and a Republican usually selected from the House authors and two Senators--a Republican and a Democrat. Since the Conference Committee is for a House Bill, a House Democrat will be named to chair the Conference Committee on HB 1117. It is likely that Rep. Stilwell will be named as the Chairman of the Conference Committee. All four members of the Conference Committee must agree to further changes to the proposed legislation. After all four conferees sign a Conference Committee Report, the bill returns to both the House and the Senate for roll call votes by all members of the Indiana General Assembly. If the members of the Conference Committee cannot reach agreement, conferees may be removed by legislative leadership and they can try again.

At this point, the concept of a Renewable Electricity Standard or RES is still alive but just about anything can happen. Again, the deadline for the 2008 session of the Indiana General Assembly to adjourn is March 14th.

I would strongly urge that you carefully review the language in Chapter 37 on Renewable Energy Development. If you have any questions and/or concerns about what is included or excluded, I strongly urge that you convey your sentiments to Rep. Stilwell, h74@in.gov or stilwell1130@yahoo.com His phone number at the State House is (317) 232-9798 or at home in Boonville on the weekend at (812) 897-1211.

HB 1117 with the Renewable Electricity Standard (RES) language added in the Senate Utilities & Regulatory Affairs Committee hearing last week was handed down on second reading today on the Senate floor without further amendments. HB 1117 is now eligible for third reading or final passage in the Senate.

Testimony was taken this morning on HB 1280 addressing energy efficient public buildings, however, action on the bill has been deferred until Wednesday (02/20/08) at 5:00 pm. The Senate Energy and Environmental Affairs Committee received testimony on the bill and it is anticipated that amendments will be considered when the committee meets again.

The bill requires a building or structure constructed, reconstructed, repaired, altered, or retrofitted under public works contracts entered into after 12/31/08, be designed with the goal of achieving the silver rating under the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) rating system, the Green Globes Two Globes level, or an equivalent standard under an equivalent rating system that is accredited by the American National Standards Institute. The public works provisions apply to any state public work, a public work by a state agency, and state institutions. The project must have a value of more than $1 million and does not apply to structures listed or eligible for listing on the National Register of Historic Places or structures designed solely to store commodities or other property, such as a highway salt barn. It provides that the certificaton requirement does not apply to a public works contract entered into by a school corporation.

Following an explanation of the bill by House author Rep. Matt Pierce (D-Bloomington) the following individuals offered testimony in support of HB 1280: Bill Brown, Indiana Green Building Council; Andrew Berger, Association of Indiana Counties; Fred Mills, Indianapolis Power & Light; David Pilbrow, Indiana Friends Committee; Tim Maloney, Hoosier Environmental Council; Mac Williams, Architect; Janet McCabe, Improving Kids Environment; Paul Chase, Citizens Action Coalition; Lynn Dennis, the Nature Conservancy; Laura Arnold, Indiana Renewable Energy Association; and Carey Hamilton, Hoosier Sierra Club, Save the Dunes Council and the Izaak Walton League of America.

Opposition to the bill was lead by Ray Moistner, Executive Director of the Indiana Hardwood Lumberman's Association (www.ihla.org) Jack Siefert, Director of the Division of Forestry with the Indiana Department of Natural Resources was asked by Committee Chair Senator Beverly Gard (R-Greenfield) to provide clarifying testimony concerning classified woodlands and cetification standards for Indiana hardwood products. Several other speakers representing the Indiana lumber industry expressed concerns with the proposed bill. Vince Griffin representing the Indiana Chamber of Commerce and Gretchen White representing the Indiana Builders Association both spoke against the mandate the bill proposes. Kevin Green representing Purdue University said Purdue is not opposed to green building efforts and stated "we are making voluntary efforts" now but would prefer removing the words "university shall".