Texas League of Conservation Voters—We elect conservation champions because conservation is a Texas Value.

The Texas League of Conservation Voters is entrenched in the fight against the White Stallion Energy Center – a proposed new dirty coal plant which would be located 80 miles southwest of Houston –and we need your help today to send a strong message of opposition to our state leaders.

The White Stallion coal plant is petitioning the Lower Colorado River Authority (LCRA) for an 8 billion gallon a year water contract.

If approved, the LCRA contract would put the coal plant at the head of the line for water from the Colorado River, in front of farmers, small businesses, environmental flows and the Highland Lakes.

Under severe drought conditions – just like Texas is experiencing now – the White Stallion coal plant would get priority access to water, potentially harming lives and livelihoods for the rest of us. Upstream or downstream, this deal is bad news for those Texans living along the Colorado River, and the deal, if approved, would set a dangerous precedent for other Texas waterways.

The LCRA Board of Directors is expected to take action on the proposed 8 billion gallon per year water contract on June 15th.

Take a moment and send a message to the LCRA today and ask them to deny the water contract to this dirty coal plant.

We don’t need dirty coal taking one of our most precious natural resources when Texas can meet its energy needs through an increased commitment to energy efficiency and renewables.   Take action today and send a message to the LCRA Board of Directors.

BONNEN AMENDMENT WOULD TRAMPLE PRIVATE PROPERTY RIGHTS, POSE THREAT TO PUBLIC, CITIES RIGHT TO PROTECT FROM POLLUTION

Senate urged not to concur with SB 875 due to Bonnen Amendment

AUSTIN, TX—The Texas League of Conservation Voters sounded the alarm on a late-session move by Rep. Dennis Bonnen (R-Angleton) that infringes on private property rights and eliminates the public’s right to protect themselves from pollution. Municipalities could also lose their ability to address environmental contamination from pollutants that pose a direct threat to city water supplies.

Rep. Bonnen’s amendment to Senate Bill 875 would give polluters immunity for personal injury and property damage.

“The Bonnen Amendment takes away the rights of individuals, farmers, ranchers, businesses, and local governments to protect their property from pollution,” said TLCV Executive Director David Weinberg.

“It’s an outrageous attempt in the waning hours of this legislative session to trample on private property rights and an individual’s ability to seek recourse against polluters that harm their land and their own lives and livelihoods,” added Weinberg.

TLCV is urging the Texas Senate not to concur with the House version of SB 875 because of the Bonnen amendment and the potential harm it will cause private property owners and the public.

Bonnen’s amendment will give polluters immunity for personal injury and property damage. This amendment changes the Civil Practice and Remedies Code to apply to all nuisance actions, brought by individuals and the government.

A nuisance in legal terms is an unreasonable interference with the use or enjoyment of your property. To prevent a polluter from destroying your land, you could bring what’s called a nuisance action against them to get them to stop and pay for any damages to your property.

The amendment would give immunity to any polluter in a suit for nuisance or trespass, if the polluter proves its conduct was authorized by federal or state permit.

“This amendment poses a significant risk to private property owners and to local governments’ ability to protect and preserve the safety and quality of our public water supplies,” said Weinberg. “We hope private property owners and local goverments make it known to lawmakers that this cannot pass.”

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Released May 26, 2011

Media contact: David Weinberg, (512) 477-4424

Leading environmental group calls public disclosure of hydraulic fracturing fluids used in natural gas production landmark legislation for Texas and the nation

AUSTIN, TX—The following statement on the Senate’s passage of House Bill 3328, a hydraulic fracturing disclosure bill, may be attributed to David Weinberg, Executive Director of the Texas League of Conservation Voters:

“While not perfect, House Bill 3328 represents a significant step forward in improving natural gas drilling practices.  As a fundamental starting point, there must be transparency and accountability in the process of hydraulic fracturing.   HB 3328 takes that important step as being first-of-its-kind legislation to require the public disclosure of chemicals and substances used in hydraulic fracturing.

“HB 3328 will help us move closer to a more complete understanding of the impact and public health implications of hydraulic fracturing fluids used in natural gas production.

“Texas has an opportunity to be a nationwide leader in this area and set an example for other states to follow.  We hope the House concurs and the Governor does right by Texans and signs this bill that received broad, bipartisan support into law.”

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Released: May 25, 2011

Media contact: David Weinberg, (512) 477-4424

Non-tax revenue option worthy of Legislative support

By David Weinberg

There’s a message in a bottle, and I’m hopeful that Texas lawmakers will read the message and act.  As our state struggles to find ways to balance Texas’ budget and fund essential state services, there’s an urgent need for additional revenue.

Lost in the debate over whether to tap the state’s Rainy Day Fund or just how deep to cut services are reasonable, responsible sources of new, non-tax revenue worthy of consideration.

Among some of the available sources of non-tax new revenue, the beverage container deposit system stands out for its ability to not only generate revenue for the state but also spur job creation and benefit our environment, too.

Two pieces of legislation, House Bill 2114 and Senate Bill 1119, would establish a beverage container deposit system for Texas.

The program would work by placing a deposit on certain beverages – typically beverages such as water, beer or soda that are sold in aluminum cans and plastic and glass bottles.  When consumers finish their beverages, they are able to get their deposits back via conveniently located redemption centers and reverse-vending machines.

It’s a proposal that delivers green, in more ways than one.   Most notably, a beverage container deposit system would reduce litter, spur recycling, create jobs and provide much-needed new, non-tax revenue.

Under the proposed system, a generous portion of the unredeemed deposits will go back to the state’s General Revenue account.  These funds could potentially be used to offset cuts to education, health care, and other areas under this session’s budget knife.

A beverage container deposit system will also create thousands of new Texas jobs.  For example in Michigan, a state with less than a quarter of the population of Texas, passage of their container deposit program created thousands of jobs.  Imagine what it would do for Texas.  For a state that prides itself on its job creation prowess, this bill gives us even more reason to cheer.

And, then there are the other green aspects of such a program.

Texas manufacturers have a huge demand for aluminum, glass, and plastic and having access to high-quality recyclables will further promote manufacturing job growth while reducing landfill waste. Last year alone, we landfilled over 589,000 tons of beverage containers, that’s the equivalent of 25,000 truckloads of material with a market value of over $350 million.

Today, the Texas Department of Transportation spends $47 million annually on roadside clean up, finding on average 1,000 beverage containers annually on every mile of road covered under their roadside cleanup program.  Local municipalities spend untold millions more on litter pick up, storm draining cleaning and aquatic clean up.

A beverage container deposit system would help state and local governments reduce or avoid some litter clean up costs while helping to beautify Texas roads, parks and communities.

Such programs also present great opportunities to foster stronger interest in recycling more broadly and can provide considerable benefits to non-profits looking for fundraising opportunities.

Texas’ proposed legislation does not place a tax or fee on manufacturers or distributors, and it doesn’t place costly burdens or compliance measures on the backs of retailers either. Additionally, studies have shown that implementation of these systems to not have a long-term effect on the sales of beverages covered under the system.

A much-needed program like this has been a long-time coming in Texas.  Back in the 90’s, Texas set a goal for a recycling rate of 40 percent.  It’s now 2011, and we’re nowhere a two decades old goal.

So, maybe there is a message in a bottle (or can), one that would keep Texas cleaner, make the state a little greener, put more Texans to work and provide the revenue we urgently need to meet the state’s basic needs.

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David Weinberg’s op-ed column was published in the Houston Business Journal on May 6, 2011.

Join TLCV Education Fund  in Austin at 6:30 PM on May 17th at the  Alamo Drafthouse South Lamar for a special early screening of Himalayan Meltdown, a new documentary by award-winning Austin filmmaker Pat Fries and produced in partnership with the United Nations Development Programme.Click here to view the trailer.

Click here for tickets

The people of Asia face an uncertain future.  Climate change is melting the Himalayan Mountains‘ great glaciers.  40% of the world’s fresh water supply is disappearing.  Catastrophic flooding and unpredictable weather patterns downstream threaten entire villages.  But from Nepal to the Tibetan Plateau…from Bhutan to India and the Bay of Bengal, the Asian people are answering the call, harnessing determination, spirituality, and science to adapt and survive in the face of a Himalayan meltdown…

Tickets begin at $12;  all proceeds will go to TLCVEF.  Make an additional contribution along with your ticket purchase to be entered in a post-film drawing for an REI daypack, courtesy of  Austin-based retailer Whole Earth Provision Company.

Just across South Lamar, the Gibson Bar is offering all night drink specials for our attendees after the screening, and you’ll take home a give away bag that includes a Whole Earth gift certificate and more.

Special thanks to Arrowhead Films,  Patagonia, Whole Earth Provision Company, Capitol Area Asian American Democrats, Environmental Defense Fund, Rockin’ Green LLC, and The Gibson for their help in making this event possible.

Tell State Senators: No Chisum Amendments on TCEQ Sunset Bill!

Texans’ ability to contest permits that pose a threat to clean air, clean water, and a clean environment is under attack.

Rep. Warren Chisum (R-Pampa) Amendments to the Texas Commission on Environmental Quality (TCEQ) Sunset Bill in the House represent a major change in the way the state would handle air quality, water quality, injection wells, sewage and toxic chemicals permitting.

We need to send a strong message to our state senators: No Chisum Amendments to the TCEQ Sunset Bill!

Under the Chisum Amendments, Texas law would force the public to carry the burden of proof in any challenges to TCEQ permitting of coal and chemical plants and other facilities. Everyday Texans would be forced to hire experts, pay lawyers, undertake costly modeling and bear the burden of proof against proposed facilities that could harm public health and safety. The amendments would also prevent a state agency like the Texas Parks and Wildlife Department from contesting a permit to be issued by the TCEQ, and eliminate the contested case opportunity for air pollution permit amendments to control hazardous air pollutants such as mercury.

To learn more about the grave risks posed by the Chisum Amendments, we encourage you to watch this exchange from the House floor during debate on one amendment on April 20.

Please contact your State Senator today to tell them NO Chisum Amendments. Preserve Texans’ ability to have their voices heard and their air and water protected.

To find contact information for your State Senator, please use this online resource.

(Action alert posted: April 28, 2011)

Texas lacks a true energy policy, one that recognizes our state’s rapid population growth and Texans’ strong desire for a clean environment.

The Lone Star State’s energy prowess is the stuff of legend. From Spindletop to the modern-day wind farms that dot the landscape, Texas enjoys a rich mix of available energy resources. With an abundance of our own natural resources to power the state, isn’t it time we had a strategic, comprehensive blueprint for our path forward?

A bill introduced by Senate Natural Resources Chair Troy Fraser, R-Horseshoe Bay, and endorsed by Lt. Gov. David Dewhurst, shows considerable potential for putting the state on a path toward a policy that encourages production of safe, reliable sources of energy, while better preserving our environment and protecting public health. The Senate approved the bill Tuesday, moving it a step closer to becoming law. The House and Governor Perry should show strong support for this measure, too.

As proposed, the legislation, SB 15, would create the Texas Energy Policy Council, which would bring balance and thoughtful perspective to Texas’ energy planning and related environmental concerns. The bill also requires a study of the current power generation landscape in Texas, along with the development of a plan for the reduction of air pollution and a decrease in water consumption for power generation. This could translate into cleaner air and water — two significant wins for the Texas environment.

With its emphasis on energy-efficient technologies, SB 15 also should help reduce energy consumption and save money. A recent study by the American Council for an Energy Efficient Economy shows that Texas ranks 32nd among states in cost-saving energy-efficiency policies.

We would be well-served to look for ways to put more alternative fuel vehicles on Texas’ roads, another key component of this legislation. While an increase in alternative fuel vehicles, particularly electric cars, must be met with a greater commitment to renewables and conservation, this is a positive step forward for cleaner transportation infrastructure and reducing our dependence on foreign oil.

The bill also presents an opportunity for the first time to take a hard look at Texas’s dirtiest coal plants and the possible retirement of these public-health-harming power generators.

According to the Sierra Club, three coal plants, Big Brown, Monticello and Martin Lake, account for more than 25 percent of all industrial factory air pollution in Texas — out of nearly 2,000 industrial plants — and about 50 percent of all coal plant pollution in the state. These three coal plants alone emit almost 4,000 pounds of mercury, over 180,000 tons of sulfur dioxide, over 30,000 tons of smog-forming nitrogen oxides, and millions of tons of carbon dioxide into the air every year.

Any serious energy policy must take a hard look at retiring or converting these plants, and it is right to include this issue in the scope of any statewide energy policy framework.

For all of these reasons, environmental organizations, including the Texas League of Conservation Voters, and public health organizations, including the American Lung Association, are supporting SB 15.

There’s a great opportunity to bridge the traditional partisan divide on this issue. To have Republicans and Democrats come together to advance a positive, safe and responsible energy policy for our state is significant. It signals the ability to do right by Texas, to ensure energy demands don’t also endanger our public health.

The proposed legislation is a solid foundation, but there’s room for improvement. Environment and public health organizations must be represented on the Energy Policy Council, and Texas cannot afford to weaken its Renewable Portfolio Standard. Clean energy jobs and a cleaner environment hinges on expanding the state’s commitment to wind and solar.

Texas is proud of its reputation as an energy leader. Isn’t it time to reaffirm that commitment and enhance our image as a cleaner energy leader at the same time?

David Weinberg is executive director of the Texas League of Conservation Voters.

This op-ed on Senate Bill 15 has appeared in the Dallas Morning News, Fort Worth Star-Telegram and online in the Austin American-Statesman.

LEADING ENVIRONMENTAL ADVOCATES PRESENT WORKABLE SOLUTIONS TO HELP BRIDGE STATE’S BUDGET GAP

AUSTIN, TX (March 29, 2011)—The Alliance for a Clean Texas outlined $1 billion in “green revenue” that could be available to state lawmakers as they work to craft a budget that bridges a $27 billion shortfall for the next biennium.

“Green revenue sources could generate at least $1 billion in general revenue for the state’s budget,” said David Weinberg, Executive Director of the Texas League of Conservation Voters and ACT Executive Committee member. “We have an opportunity to help balance the budget, limit draconian cuts to essential state services and improve our environment. That’s a combination we feel is worthy of lawmakers’ consideration.”

As the Senate Finance Sub-Committee on Fiscal Matters works to find additional savings and state revenue, ACT and its statewide allies outlined several proposals that make up $1 billion green revenue for the state:

1)  Generating revenue from coal could raise $475 million for Texas for the biennium. Placing a fee on coal imported to Texas would generate about $190 million in revenue per year for the state.  Placing a severance tax on coal mined in Texas would raise an additional $48 million per year.  Currently, Texas taxes domestically drilled oil and gas.  Placing a fee on coal could help the state offset the adverse public health impacts from coal generating power.  State Representative Lon Burnam has filed HB 355, which would place a fee on imported coal.

2)  Creating a Recycling Refund for Beverage Containers in Texas could generate an estimated $350 million for the biennium.  Placing a refundable deposit on beverage containers would increase recycling and decrease litter.  Unclaimed bottle deposits could generate revenue for the state, money that could be used to fund waste prevention and reduction programs.  Such a program would also create thousands of recycling and reuse jobs in Texas.  State Senator Rodney Ellis has filed SB 1119 and State Representative Garnett Coleman has filed HB 2114, which would create a refundable bottle deposit program in Texas.

3)  Placing a surcharge on inefficient vehicles could generate $115 million for Texas for the biennium. Fuel-inefficient vehicles pollute our urban air, increasing rates of ozone and asthma, and increase our dependence on foreign oil.  The Legislative Budget Board has recommended a $100 surcharge on fuel-inefficient vehicles as a way of generating revenue for Texas.  State Representative Lon Burnam has filed HB 3067, which would create a surcharge on fuel-inefficient vehicles in Texas.

4) Strengthening clean-air rules at the Texas Commission on Environmental Quality to ensure that polluters pay could generate $56 million in revenue for Texas for the biennium. Raising the maximum per-day penalty for air quality violations to $25,000 per day could raise an estimated $40 million for the biennium, while requiring the agency to recover the economic benefit of non-compliance that polluters gain would add additional revenue to these totals. All of these funds go to General Revenue and can be used for schools. Removing the 4,000 tons per day cap on emissions could raise an additional $16 million for the biennium.  These measures would create an incentive for industry to reduce pollution, and this revenue could be used to fund clean-air programs.  State Senator Joan Huffman has filed SB 657 and State Representative Wayne Smith has filed HB 2694 to strengthen air-pollution rules in Texas though neither bill addresses the 4,000-ton cap as had been recommended by the Sunset Advisory Commission.

“We import 60 million tons of dirty coal per year for electrical power generation, sending $19 billion of our hard earned dollars out of state when that money could be better spent developing clean energy jobs in Texas. Coal is a fuel source that’s both harmful to the environment, detrimental to public health and doesn’t contribute a dime to the state in the form of severance taxes,” said Tom “Smitty” Smith, of Public Citizen “By imposing a coal import fee and a severance tax, we could generate $475 million.”

“The majority of Texans support a recycling refund on cans and bottles because the financial incentive for recycling would clean up our communities, save on pollution control costs and have money left over to meet other pressing needs of the state,” said Robin Schneider of Texas Campaign for the Environment

“Dirty gas guzzling cars and trucks not only pump out unnecessary pollution that costs us our health, they also exacerbate our dependence on oil,” said Luke Metzger, Director of Environment Texas. “A fee on these vehicles could help fund clean air programs and provide incentives for Texans to purchase fuel efficient cars and trucks.”

“Giving our state environmental agency the ability to charge fines more in line with major pollution events and charge an emissions fee for those spewing out more than 4,000 tons of a pollutant couldn’t come at a better time for Texas,” noted Cyrus Reed, Conservation Director with the Lone Star Chapter of the Sierra Club.  ”Making sure those businesses that break the law pay for any economic benefit they gain will provide a financial disincentive for companies that pollute our air and poison our water, and reward good behavior for those that play by the rules.”

Cutting Pollution-Related Health Care Costs Would Save GR

In addition to generating new “green” revenue, advocates said the state could save more than $320 million in general revenue spending on health care by reducing air pollution. Texas Impact released an analysis of air pollution-related costs in Medicaid, CHIP and the state employee health insurance program showing that Texas currently spends $300 million per biennium on the state’s share of Medicaid and CHIP costs for air pollution-related diseases and conditions, and $23 million per biennium for the same costs in the state employee health insurance system. Altogether, the three programs are estimated to account for $1.9 billion in general revenue spending over five years.

“Medicaid is the most important budget driver after public education, and we simply can’t afford to be creating extra health cost burdens,” said Bee Moorhead of Texas Impact. “Clearing the air for all Texans not only would reduce unnecessary suffering—it would save taxpayers money as well.”

ACT was joined by representatives from the Texas League of Conservation Voters, Public Citizen, Texas Campaign for the Environment, Environment Texas, the Lone Star Chapter of the Sierra Club, and Texas Impact to urge lawmakers to look for greener, cleaner ways to generate revenue.  The green revenue could lessen the cuts that the Legislature is pondering for public education, higher education and health care.

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Media contact: David Weinberg, (512) 477-4424

LEADING ENVIRONMENTAL GROUP CALLS HYDRAULIC FRACTURING DISCLOSURE BILL “A POSITIVE STEP FORWARD FOR TEXAS”

Public disclosure of hydraulic fracturing fluids used in natural gas production is vital to ensuring health, safety of every Texan

AUSTIN, TX—The Texas League of Conservation Voters pointed to House Bill 3328 (Rep. Jim Keffer, R-Eastland), that would require disclosure of hydraulic fracturing fluids used in natural gas production, as proof positive that the public, environmental groups and the state’s energy industry can work together to ensure the health and safety of Texans.

“Rep. Keffer’s bill is a positive step forward for Texas,” said David Weinberg, Executive Director of the Texas League of Conservation Voters.  “Texans expect transparency, especially when it comes to their public health and safety.  HB 3328 provides necessary disclosure to provide scientists, researchers and the public with information they need to determine the impact of these chemicals on human health, while being mindful of a business’ confidential proprietary interests.”

HB 3328 calls for the disclosure of the composition of the hydraulic fracturing fluids and additives used by natural gas service companies and operators while ensuring reasonable trade secret protection for companies.

“A number of natural gas service companies are leaders in their approach to disclosure.  TLCV obviously hopes more companies would voluntarily disclose the chemical composition of their fracturing fluids,” said Weinberg.  “With HB 3328, there are no longer any excuses for operating in the shadows when it comes to matters that potentially impact the public’s health and safety.”

HB 3328 was filed on Friday.  Since its filing, Rep. Myra Crownover (R-Lake Dallas), Rep. Lon Burnam (D-Fort Worth), Rep. Tan Parker (R-Flower Mound) and Rep. Mark Strama (D-Austin) have signed on as co-authors.

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The Texas League of Conservation Voters works to preserve and enhance the quality of life of Texans by making conservation a top priority with Texas elected officials, political candidates and voters.  Find us online at http://www.tlcv.org and follow us on Twitter @tlcv.

Media contact: David Weinberg, (512) 477-4424

All Texans who share TLCV’s and Alliance for a Clean Texas’ (ACT) concerns about our health, our environment and our state’s future are invited to participate in the ACT Lobby Day on March 15. The goal of lobby day is to educate our representatives about the public health and environmental challenges facing our state and important legislation that will address these problems.

To register, learn more about the day and for a full schedule visit ACT lobby day at the Texas Capitol online.

4 p.m. – 9 p.m. Monday March 14th: Training, Networking and Community Building
First United Methodist Church (downtown Austin, 13th & Lavaca)

8 a.m. – 4 p.m., Tuesday March 15th: ACT Lobby Day
Legislative Conference Center–Texas Capitol Extension (E2.002)