Posts Tagged ‘Storm Clouds’

The Bad Ideas Are Hard to Kill

When playing football against Zombies, don’t reach for the celebratory Gatorade bucket until all the time has run off the clock.

Blame it on a combination of the lack of sleep as a result of monitoring late-night legislative sessions and a healthy cynicism from two decades of working around the Capitol in Madison, but that sentence made complete sense to me as I wrote it this morning.

What’s of primary concern to our readers/viewers/followers/friends/fans today?

  1. The Global Warming Bill
  2. The Elections Fraud Facilitation Act
  3. The Madison Educational Bureaucracy Empowerment Plan
  4. The establishment of non-elected Regional Taxing Authorities for transit

As of this writing, all four of these proposals are on life support. But they are not dead yet.

As my colleague Brett Healy pointed out in his instant classic on the Silly Season, anything can happen in the waning days (and especially hours) of a legislative session.  Most of the action takes place behind the scenes and it will be weeks, if ever, before the citizenry of Wisconsin know exactly what deals were cut and why they were made.

The horse trading, deal making, ego stroking and amendment drafting could be fierce today.

Supporters of each of those aforementioned bills will be pursuing every plausible and many improbable avenues to get their ideas passed by both houses today. While it is possible that all four proposals could stall and die today, it’s also possible that all four could be in the mix with other pieces of legislation (like the wage lien bill) and that Democratic leaders could strike a massive deal behind the scenes at any point in the next few hours.

So, it’s a scary thought but entirely possible that all four proposals could pass in both houses, in rapid succession, over the course of less than an hour. The majority party has extraordinary parliamentary powers to limit debate, and we’ve seen these powers abused on more than one occasion.

At the same time, the Senate could whip through just their publicized calendar and adjourn by 1pm, before the Assembly ever gets to the floor today. The only certainty in Silly Season is uncertainty.

Today, the last day of the regular legislative session, has dawned. We’ll continue to track the zombies here and on our Twitter feed and Facebook page. If something happens today, we’

ll let you know.

The center-right coalition, the fiscal sanity caucus and others who are hoping to limit the damage coming out of Madison must forget about the victory celebration until the final gun sounds. The defensive coordinator must remain vigilant and shouldn’t get the Gatorade shower when the undead are on the field and there is time left on the clock.

Oh, and did I mention that even then, it may not be over? There is a limited floor period scheduled for May wherein bills that have passed one house may still be considered, with a little maneuvering*.

Taxpayers need a break, and I clearly need some sleep. Hopefully we can catch a little of both today.

Until it’s over, though, we’ll stay awake. You stay tuned.

By Brian Fraley
A MacIver Institute Perspective

 

*Clarification about May:

Under Senate Joint Resolution 1, the session schedule for the 2009-10 biennial session period, there are two floor periods in May. The first floor period, from May 4 to May 6, is a limited-business floor period.  Under SJR 1 and the joint rules, only the following items are eligible for action: revisor’s correction or revisor’

 s revision bills, reconciliation bills to correct mutually inconsistent acts of the session, proposals recalled because they cannot be properly enrolled, state employee contracts, and legislative citations. 

The second floor period, from May 25 to May 26, is a veto review floor period.  Under SJR 1 and the joint rules, only the following items are eligible for action: gubernatorial vetoes or partial vetoes, pending nominations requiring Senate confirmation, revisor’s correction or revisor’

s revision bills, reconciliation bills to correct mutually inconsistent acts of the session, proposals recalled because they cannot be properly enrolled, state employee contracts, and resolutions and joint resolutions introduced by either committee on organization.

But, and this is a big caveat, the Legislature always has the authority to extend a floor period, call itself into extraordinary session, or otherwise amend SJR 1 such as expanding the jurisdiction of a particular floor period (e.g., creating a list of bills which may be considered or allowing bills which have passed one house to be considered).  Moreover, the Governor could always call a special session. If we’ve learned anything it’s that in Madison, anyting (bad) is possible.

The Latest on the Global Warming Bill

MNS- [Madison, Wisc...] As the legislative session winds down, Assembly and Senate leaders as well as the Democratic sponsors of the global warming bill (which they dub the ‘clean energy jobs act’) are certain of two things: 1) the fate of the bill is uncertain, and 2) they are not to blame for that uncertainty.

See this video report for more details:

 

Critics Warn PSC Global Warming Bill Analysis Flawed

Commission had said proposal would actually lower costs to consumers

MNS [Madison, Wisc…] The Public Service Commission’s analysis of a controversial environmental bill was based on a “serious methodological error, that distorts the actual cost impact of the bill” according to the Metropolitan Milwaukee Association of Commerce (MMAC).

MMAC sent a letter to Senator Jeff Plale, co-Chair of the Senate Select Committee on Clean Energy Jobs, in which they outline their concerns.

“As you can see, the results, using PSC’s own study numbers, indicate that the CEJA Sub proposal would increase electric rates between 6.4% and 12.5% above the status quo, depending on the assumption made for CO2 regulation costs,” MMAC warned. “This would be an improvement from the original proposed bill, in which rates would increase between 7.8% and 20.8%, but it would still be a significant increase above the status quo.” 

MMAC’s revelation comes on the heels of continuing criticism that the Public Service Commission has become advocates for the legislation, rather than impartial, nonpartisan regulators.

“We are extremely concerned that these increased rate costs would have a dampening effect on the economy as electricity would cost more for everyone.  Those concerns are heightened further in light of  the current challenging economic climate,” said Steve Baas, MMAC’s director of Government Affairs in the letter to Plale.

The legislation, dubbed the ‘Clean Energy Jobs Act’ by its supporters, is scheduled for a vote in the State Assembly later Tuesday.

Attempts to reach Senator Plale for comment this morning were unsuccessful.

See the letter, here.

Republicans Contend Utility Regulators are Acting as Advocates

MNS- [Madison, Wisc ] Wisconsin Republicans claim Public Service Commission Chair Eric Callisto has crossed the line from regulator to that of advocate. They say the PSC’s analysis of the current global warming bill ignores the legislation’s true cost to manufacturers and homeowners and that the PSC itself has been tainted by his bias.  See more in this video report:

 

The Old Disappearing Legislator Trick

And Other ‘Magic’ with the Global Warming Bill

When the MacIver Institute called the end of this legislative session the ”silly season,” who knew it would include the “old disappearing legislator trick?”

Last week State Representative Ann Hraychuk suddenly disappeared from the Assembly Special Committee on Clean Energy Jobs, which was considering the state Global Warming bill. Republicans wondered where she was. Turns out she was off the committee.

Democrats said her removal from the committee was the result of a Republican request to make the committee membership less unbalanced. Republicans, strangely enough, don’t remember making such a request. They suggested that the Democrats were trying to shield Hraychuk from an unpopular vote.

Hraychuk said she was taken off the committee when she expressed concerns about a substitute amendment being introduced just two days prior to the committee vote.  Reading a bill before passage is just so passé.

Such haste in the pursuit of passing the global warming bill was evident in the actions of the Democrat-controlled Public Service Commission, which took a unique interest in the pending legislation. In the hours after the substitute amendment was introduced, the Public Service Commission quickly passed judgment on the 150 page substitute announcing it would save Wisconsin energy ratepayers $1.4 billion between now and 2025. The Evelyn Woods speed-reading graduates echoed the bill’s proponents flawlessly in their enthusiasm for the global warming bill. Or, was their quick analysis more ‘magic?’

Interestingly, the PSC analysis claims the substitute amendment would result in greater savings in energy costs than the original bill because the substitute lowers the renewable portfolio standard (RPS) for six energy providers and two wholesalers. It does not answer the question that if lowering the minimum required renewable portfolio standard will result in lower utility costs, why would having any renewable portfolio standard mean lower utility costs than if there was no standard?

The PSC analysis also still relies on passage of a federal carbon emissions tax to justify their claims of lower rates for electricity. It says,

Although bills increase over time for the average ratepayer under all scenarios, they increase more under the status quo than under the CEJA or CEJA Sub scenarios if CO2 compliance costs equal $10/ton or more.

Some in the legislature just aren’t buying the PSC analysis, including State Senate Majority Leader Russ Decker (D-Weston), who remains “adamantly opposed” to utility rate increases. When asked by WisPolitics if the current version of the bill does that, he said yes. He also said he does not believe the global warming bill currently has the votes to pass the State Senate.

Despite Decker’s belief the Senate will not pass the bill, Assembly Speaker Mike Sheridan has scheduled a vote on Tuesday for the bill. It will be interesting to see if the Hraychuk story was a harbinger of trouble for the bill in the Assembly, too.

Business groups are not impressed with the PSC analysis, either. The Wisconsin Industrial Energy Group (WIEG) says the 25% renewable energy requirement will raise utility rates, despite what the PSC claims. Citing the necessary $15 billion in infrastructure investment that will be required to meet the renewable energy mandates, WIEG expects those costs will be passed along to consumers.

WIEG says utilities in Iowa and Minnesota are already raising rates to meet their renewable energy mandates. Otter Tail Power in Minnesota recently asked for a double-digit increase, with over half of that increase due to Otter Tail Power’s new wind power generation.

Rate increases are what legislators should reasonably expect. After all, no form of renewable energy as defined by the bill is cheaper than the current means of power production. If they were less expensive, power utilities would be using those renewable energy resources now.  By mandating use of the more expensive and less-efficient renewable energy sources, the state will guarantee rate increases.

Independent analysis of the state global warming bill has shown individual ratepayers can expect $1000 per year in higher utility costs.

Meanwhile, the provision allowing local governments to increase property taxes above the cap to finance energy efficiency projects remains in the bill, allowing local governments to raise local property taxes through the solar-paneled roof. The bill will likely result in 43,000 jobs lost. People building their homes will face new standards set by the state’s commerce department, raising those costs.

This bill is anti-employer, anti-consumer and anti-taxpayer. If there is one provision in the bill that sums up what Democrats are trying to do, this gem from the PSC stands out:

…the [substitute amendment] ensures that for the first four years following enactment an amount equal to 0.2% of electric utilities’ annual operating revenues will be devoted to grants and loans for certain, specified, small-scale, distributed generation (DG) renewable projects, with a preference for agricultural waste digester projects.

Yep. There’s a lot of bovine excrement about this bill. No wonder Democrats in the legislature are having a hard time making votes appear.

By James Wigderson
Special Guest Perspective for the MacIver Institute

 

Hraychuck Removed from Committee Post

MacIver News Service – [Madison, Wisc.]  After months of public hearings, debate and closed door, private negotiations over controversial global warming legislation, the revised bill was scheduled for a vote in an Assembly committee on Thursday.

One of the committee’s members, Balsam Lake Democrat Ann Hraychuck, was not in the hearing room at the time of the vote. It was later learned that she was suddenly no longer a member of the Assembly Special Committee on Clean Energy Jobs.

Find out why in this report from the MacIver News Service.

Revised Global Warming Bill Unveiled

UPDATED 12:18 PM Includes comparison of bills to the new substitute amendment

MacIver News Service –  [Madison, Wisc.] We’ve just received word from State Representative Spencer Black that the revised bill initially formed as an outgrowth the Governor Jim Doyle’s Global Warming Task Force will be unveiled at 11am today.

“I think the substitute amendments will include these key elements.” said Black (D-Madison) in a conversation with MacIver News Service. “They might not be as strong as I would have liked, but it will be a strong bill.”

Black believes the compromises are realistic, and said, “I expect the Assembly and Senate Committees to pass identical subs.”

Black, co-chair of the Special Committee on Clean Energy Jobs, said the the most important items in the proposal were a 25 percent renewable portfolio standard requirement by 2025, energy efficiency initiatives, and small-scale renewable energy production.

Supporters call the proposal the Clean Energy Jobs Act. After a series of public hearings on the proposal earlier this year, the plan was widely panned. In recent weeks Black and others have engaged in a series of meetings with fellow legislators and interests groups in the hopes of creating a more limited compromise that would have a better chance of becoming law.

We’ll have more on this breaking news as it develops.

UPDATEThe nonpartisan Legislative Council just published a comparison of the original bills to the new substitute amendment. You can read the memo, here.

‘Green Jobs’ Bill Would Hike Property Taxes

Times are tough for Wisconsin homeowners. Property taxes increased on average four percent last year, and are expected to go up 4.2 percent this year. Times are so bad a Hartland couple was arrested for allegedly growing marijuana to pay their property tax bill. It’s the type of organic problem solving Wisconsinites face when confronting a government who only knows one direction for property taxes –higher. 

If Governor Jim Doyle has his way, we may all need to indulge to kill the financial pain. Legislation resulting from Doyle’s Global Warming Task Force is working its way through the state legislature. If  the bill proponents like to sell as “The Clean Energy Jobs Act” passes, Wisconsinites will likely see energy bills increased by $18.9 billion and 40,000 jobs lost.  

Wisconsinites can also expect to see their local property tax bills increase under the proposed law because of a provision allowing local governments to bypass local spending caps if the expenditures are to increase “energy efficiency” and purchase renewable energy products. Current law prohibits any city, village, town, or county from increasing its tax levy by a percentage that exceeds its “valuation factor,” which is defined as either 3 percent or the percentage change in the equalized value due to new construction, whichever is greater. The proposed exception to the cap is large enough to drive an ethanol-powered bus through. 

According to Tom Larson of the Wisconsin Realtors Association, “The sky is the limit” with the potential for local property tax increases because the definition of what would qualify as an exception is left to the Department of Administration to determine.  There is no way to know what the potential for property tax increases could be because a city, town, village or county could do anything from a wind farm to large solar panels on every building.  

Scott Manley of Wisconsin Manufacturers and Commerce agrees. “We don’t really know what would qualify.” Until the Department of Administration makes the rule and defines the terms, local energy efficiency projects could cost local taxpayers, according to Manley, “hundreds of thousands of dollars, or even millions,” in municipalities and counties across the state. 

A recent example of the type of project that could be considered as exempt from the cap of the property tax levy is the announcement by Dane County they will be installing solar panels on the roof of the city-county building and replacing the city’s hot water system. The project is expected to cost $2.2 million.  

Last year the City of Wauwatosa considered a plan to spend $190,000 to put solar panels on the roof of city hall. However, the solar panels would only save Wauwatosa $3,000 per year in energy costs. It would take sixty years for the cost savings to pay for that investment in renewable energy.  Wauwatosa rejected the plan, accordingly. 

While federal stimulus money would have paid for both projects, in the future the financial burden of such projects could fall directly on the taxpayers who would have no recourse.  

Current law allows local government units to exceed the property tax levy cap by going to referendum. If an energy-saving project is worth the expenditure above and beyond the cap, local government can appeal directly to the taxpayers to approve it.  Under the global warming bill, Wisconsin taxpayers would be robbed of the opportunity to vote down such projects and keep property tax increases under the current cap. 

Wisconsin property taxes are already too high. Wisconsin has the fourth highest median real estate tax as a percentage of median home value and is ninth highest in the country for median real estate taxes paid. The property tax levy cap may not be the most effective tool taxpayers have, but right now it’s the only tool. 

Proponents of the bill like to tout the cost-effectiveness and the savings from going green, but it begs the question why it’s necessary to allow local governments to raise taxes to pay for it? And if the projects would create more savings, why won’t they trust local property taxpayers to judge these projects for themselves? 

Taxpayers can already see how much their electric bills are going to go up by using the “Clean Energy Jobs Act Electric Bill Cost Calculator” at the Wisconsin Electric Cooperative Association’s website. When they add in the likely property tax increases, they’ll discover why it’s called “green energy.”

The cost will make them sick. 

As for our couple in Hartland, perhaps they should have just waited until the bill passes. Then they could have claimed they were just growing bio-fuel.

By James Wigderson
Special Guest Perspective for the MacIver Institute

Lord Monckton on Climate Change Battles

What comes now that the UN Climate Conference in Copenhagen has come and gone? Internationally known global warming skeptic, Lord Christopher Monckton, sat down with the MacIver Institute to share his thoughts on states like Wisconsin enacting their own climate laws and the effect that could have on national policy.

25 by ’25 Vision is Only a Dream

As you read this, the fate of the Democrat’s global warming bill is uncertain and the bill is being reshaped without public scrutiny.

Crafted from several of the recommendations of Governor Jim Doyle’s task force on global warming, the bill, which proponents are calling the “Clean Energy Jobs Act,” was loudly and forcefully panned since its unveiling earlier this year. 

As this graphic  notes, a lot of the components within the original proposal would impact your daily life.

And the MacIver Institute has raised several questions  that the bill’s supporters have yet to answer.

Over the last several weeks, the bill’s authors have been conducting closed-door, private meetings with fellow lawmakers and special interest groups to revise the bill.

However even if most of the more inane proposals are stripped out when a new, slimmed down global warming bill emerges sometime this spring, the most egregious element most likely will survive: the 25 by ’25 provision.

The bill proposes that Wisconsin draw 25 percent of its energy by renewable sources by the year 2025. Right now the renewable portfolio standard (RPS) mandate is 10 percent by 2015. Currently it is estimated Wisocnsin gets five to six percent of it’s energy from newable sources

Moving to twenty percent certainly will be expensive for homeowners and manufacturers, and it may not even be possible. 

Howard Hayden is a professor of physics emeritus in the Physics Department of the University of Connecticut. 

I spoke with him recently to get his take on Wisconsin’s global warming bill. 

Despite his academic background and scientific bona fides, Hayden is plain spoken and to the point. Take for example, his initial review of the proposed 20 in 20 RPS Mandate: 

“It appears Wisconsin is trying to follow the stupidity of Colorado,” said Hayden, who also serves as the editor of The Energy Advocate, a monthly newsletter promoting energy and technology.

Earlier this week, Colorado Gov. Bill Ritter (D) signed into law a new requirement calling for Colorado to draw 30 percent of its energy from renewable sources by 2020.

No one can doubt that such requirements will increase the cost of energy.

To make matters worse, it is highly debatable that such requirements can actually be achieved.

“In Wisconsin it’s not windy enough, often enough and the sun doesn’t shine strong enough, long enough,” notes Hayden.

As we’ve noted in the past, Wisconsin is not wind-power friendly. Hayden agrees and further notes that neither are we home to enough powerful sunlight for enough of the year to make solar a feasible alternative to the fossil fuel capacity that this state has in abundance.

“They say that solar energy is forever; then why does it get dark at night?” jokes Hayden. 

Turning serious, Hayden particularly derides the Wisconsin bill’s provision that “by 2030 each newly constructed residential or commercial building will use no more energy than is generated on-site using renewable resources.”

Solar requires “A monstrously large storage facility to compensate for loss and you can only store it for a short period of time,” Hayden notes.

An energy neutral, mainly solar-powered home isn’t practical in Wisconsin.

“It isn’t going to be work for a number of practical reasons,” Hayden says. “The economies of scale evaporate when used on a micro level. It would have to be heavily subsidized in order for individuals” to use it.

It may sound nice, but the science doesn’t mesh with the politicians and activists’ dreams.

“To have purely solar powered home [in Wisconsin] would require such a large battery bank, and the juice just isn’t strong enough,” said Hayden.  “For example I certainly wouldn’t want to run a clothes dryer on it.”

All is not lost for Wisconsinites who wish to conserve energy, however. As Hayden points out, we don’t have to rely upon onerous and expensive government mandates to make a difference. 

“The best way to save energy is to have a very-well insulated home and smaller windows, since that’s where the most energy is wasted,” Hayden says. “You can do this at a much lower cost than renewable energy mandates and without government intrusion. People in Wisconsin are smart enough to know this, that’s why they’ve insulated their homes forever.”

Well said.

By Brian Fraley
A MacIver Perspective

You can subscribe to The Energy Advocate or purchase one of Hayden’s many books, here.


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