_______________________________________________________ STATE CAPITOL REPORT – 9/29/09 SIERRA CLUB LONE STAR CHAPTER (Texas) Text Version of: http://www.texas.sierraclub.org/press/scr/scr20090929.pdf Donate here: http://action.sierraclub.org/lonestar_scr _______________________________________________________ CONTENTS: NEWS (1) Keep Texas Beaches Open! Vote for Proposition 9 on November 3! (2) PUC Agrees to Delay in LCRA Wind Transmission Line Filings to Study Alternative Routes UPCOMING EVENTS (3) Sierra Club Conference WATER For People and the Environment Saturday, January 16, 2010 – 9 to 4 PM Houston (4) Roll Beyond Coal Bike Rides & Hikes – Saturday, October 31, 2009 (5) Texas Flooded with Water Conferences This Fall (6) Sierra Celebration Annual Chapter Outing October 23-2 SUBSCRIBE/UNSUBSCRIBE INSTRUCTIONS ABOUT THIS PUBLICATION ______________________________________________________ (1) Keep Texas Beaches Open! Vote for Proposition 9 on November 3! Most Texas voters probably think that 2009 is an “off-year” in which there are no elections scheduled for the fall. A few municipalities such as the City of Houston will hold elections on November 3, however, and all registered Texas voters have the opportunity to go to the polls that day (or in early voting) to express their opinions on eleven proposed amendments to the state constitution. Of those eleven “propositions,” the most important from an environmental perspective is Proposition 9, the “open beaches” amendment. Strengthening the Open Beaches Protection Protection of public access to Texas beaches is already in law in the Open Beaches Act, enacted by the Texas Legislature five decades ago in 1959. Proposition 9 is important, however, because it would put that protection into the Texas Constitution, giving public access to Texas beaches more certainty. While a simple majority of legislators in both houses of the Texas Legislature could revise or repeal the Texas Open Beaches Act, the revision or repeal of a provision of the state constitution requires a vote by 2/3 of the members of both houses of the Legislature as well as subsequent approval by the voters of the state – a more difficult road to travel. Moreover, while Texas state courts have the authority to strike down a state law such as the Open Beaches Act, they would not have the same authority to eliminate a provision of the Texas Constitution (although the interpretation of a provision might affect its application). Indeed on November 19 the Texas Supreme Court will hear a case challenging the Open Beaches Act – the first time such a challenge has reached the state’s highest court. The case was brought by a Galveston County property owner whose houses wound up being in the public beach easement after Hurricane Rita changed the vegetation line that demarcates private and public property boundaries under the Open Beaches Act. Proposition 9 The actual language of Proposition 9 on the ballot reads as follows: “The constitutional amendment to protect the right of the public, individually and collectively, to access and use the public beaches bordering the seaward shore of the Gulf of Mexico.” Passage of the proposed amendment has been endorsed by the Lone Star Chapter of the Sierra Club and is supported by numerous other groups such as the Surfrider Foundation, which has four chapters in Texas. Supporters of the proposed state constitutional amendment have set up a website with more information about Proposition 9. That website is www.votefortexasbeaches.org. HJR 102 Proposition 9 began life as House Joint Resolution 102, introduced by State Rep. Richard Raymond (D-Laredo) in the House and sponsored by State Sen. Juan Hinojosa (D-Mission) in the Senate. The Texas House of Representatives passed HJR 102 on a 140-1 vote, and the Senate approved it by a 29-2 margin. Now Texas voters need to finish the job by going to the polls on November 3 – or during the early voting period – to give public access to the state’s beaches the constitutional protection that it deserves. Other Propositions The Sierra Club is not taking a position on any of the other proposed state constitutional amendments. However, voters who would like to see the complete list of propositions in advance of the election and would like to know more about the proposals may go to the Texas Secretary of State’s website for that information. The link is as follows: http://www.sos.state.tx.us/elections/voter/2009novballotlang.shtml.5 ______________________________________________________ (2) PUC Agrees to Delay in LCRA Wind Transmission Line Filings to Study Alternative Routes The state Public Utility Commission (PUC) agreed this month to delay the filing dates for “Certificates of Convenience and Necessity” (CCNs) for certain proposed transmission lines that would bring renewable energy from wind power plants from west to central Texas. In approving the motion by the Lower Colorado River Authority (LCRA) to delay its filing deadline, PUC Chairman Barry Smitherman acknowledged that the considerable public input from landowners, public officials, environmental organizations and many individuals, and eventually the LCRA itself, had caused the PUC to agree to delay the filings. “We want to do it right,” Smitherman explained at the PUC Commissioner’s meeting on September 24. “But it must be built.” The Lines The transmission lines are part of the CREZ – the Competitive Renewable Energy Zone – transmission lines approved by the PUC last year in response to 2005 legislation to increase production of electricity from renewable resources. The delay centers around four different proposed transmission lines in two different CCNs that were originally scheduled to be submitted on October 7 and October 28. The CCNs will now be separated into three separate filings, with the most controversial of the transmission lines – known as McCamey D to Kendall – being delayed approximately six months, until July of 2010. In approving the delays and the motion, PUC is agreeing to allow LCRA to widen the scope of its study – in some cases more than doubling the initial area of review – to look at running transmission lines along existing rights of way generally and specifically along the Interstate-10 route. At issue are the potential negative aesthetic, habitat, land value, wildlife and other potential impacts of large transmission lines cutting through the Hill Country as LCRA had originally proposed. Viewpoints Writing on behalf of a new group of landowners along the LCRA’s proposed transmission lines known as the Clear View Alliance, Bill Neiman suggested that the LCRA’s failure to consider alternative routes in their initial filings “is especially troubling given the Commission’s direction to LCRA, in its July 30 open meeting ‘to consider as many routes as possible.” Neiman also criticized the LCRA for its failure to discuss the options with his group. LCRA attorney Ferdie Rodriguez, in speaking for the utility, noted that while the LCRA had done some review of the alternative routes, the very compressed transmission schedule did not allow the PUC to conduct a “route adequacy proceeding,” meaning getting it right at the front end of CCN applications was a necessity. Gonzalez defended his employer against charges that they had refused to meet with opponents of the transmission lines to discuss other options, noting the large number of open houses, questionnaires, and individual meetings in homes they have held since 2008. Wind companies in attendance at the meeting on September 24 did not oppose the motion. They did express concern, however, about the delay and the potential that any delay in construction or major changes to proposed routes might lead to increased costs to consumers. The Lone Star Chapter of the Sierra Club also supported the proposed delay, writing in comments submitted earlier this month that “location of transmission lines does matter and as a national organization, Sierra Club has argued and supported rules that make sure generation sources and transmission lines are placed in places with the least amount of public and environmental damage....We also hope that the resulting studies will help inform future CREZ lines in other areas to avoid expensive litigation and delay on bringing renewable energy where it is needed most.” In supporting the delay, Smitherman and fellow Commissioners Donna Nelson and Kenneth Anderson, Jr. urged local landowners and other interested parties to get involved in the formal approval process. “Unless you are a party, and unless you submit evidence…about alternatives in the record, we can’t even consider it,” Anderson explained. Looking Ahead The LCRA lines are only two of the nine proposed transmission lines slated to be built over the next four years in an effort to bring an additional 10,000 MWs of wind – and potentially solar – to the parts of the state where electricity is most used. The LCRA’s Gonzalez noted that even with the delay the transmission lines still would be completed by the end of 2013. Solving the problem of getting wind power from where it is generated to where the bulk of the energy demand exists is considered by many to be a critical factor in expanding the use of renewable energy in Texas. _______________________________________________________ UPCOMING EVENTS (3) Mark Your Calendar for the Sierra Club Conference WATER For People and the Environment Saturday, January 16, 2010 – 9 to 4 PM United Way Community Resource Center, Houston Join us for this important water conference regarding your water future. Topics to be covered will include: Preservation of freshwater inflows into Galveston Bay and Sabine Lake • Instream flow needs for fish and wildlife habitat in Southeast Texas • Water conservation efforts in Houston and Southeast Texas • The latest updates on regional water plans • Drought management to meet future water needs • Sustainable management of area groundwater supplies Pre-registration: $30 (deadline: January 11) / $40 at the door Register online at http://texas/sierraclub.org, or call 512-477-1729. Students may attend free if pre-registered ($10 at the door). Students need to bring student ID for verification. Registration includes lunch. The 2010 “Water for People & the Environment” Conference is co-sponsored by Galveston Bay Foundation, National Wildlife Federation, Environmental Defense Fund, and others. _______________________________________________________ (4) Ride with Sierra Club and Friends on Saturday, October 31 to Roll Beyond Coal for Clean Power, Greeen Jobs and Clean Air! Sierra Club and our friends around the state are planning fun, educational rallies, bicycle rides and hikes on Halloween, Saturday, October 31, to Roll Beyond Coal in Texas. Events have been scheduled in Alpine, Austin, Beaumont, Corpus Christi, and Dallas (see schedule below). You can register online at www.texas.sierraclub.org to participate in one of the events. For more information or to volunteer to help with one or more events: email donna.hoffman@sierraclub.org (512-477-1729) or eva.hernandex@sierraclub.org (512-476-2052). Note: Be sure to register by October 23 to get your Roll Beyond Coal T-shirt! Roll Beyond Coal Bike Rides & Hikes – Saturday, October 31, 2009 ALPINE -- 10:00 AM Clean Energy Rally & Bike Ride, Kokernot Lodge, 1104 Loop Road, http://texas.sierraclub.org/bigbend/index.html AUSTIN 1:00 PM City Hall, Clean Energy Bike Tour or Hike and After Party http://www.texas.sierraclub.org/austin BEAUMONT 8:00 AM, Bike Ride to Roll Beyond Coal, Dowlen Road & Phelan Blvd http://texas.sierraclub.org/triangle/index.html CORPUS CHRISTI 12:00 noon, Roll Beyond Coal -- Keep the Coast Clean, McCaughan Park (across from McGee Beach, by Memorial Coliseum) http://www.cleaneconomycoalition.org/rbc DALLAS 8:30 AM Register, 10:30 AM Ride, Ride for Clean Air with family and friends, The Bath House, White Rock Lake http://www.dallassierraclub.org/ Ocotober 31, 2009-- "Roll Beyond Coal" Bicycle Rides in Alpine, Austin, Corpus Christi, Dallas, Beaumont! Contact: lonestar.chapter@sierraclub.org http://action.sierraclub.org/site/Calendar?iew=Detail&id=113361 _______________________________________________________ (5) Texas Flooded with Water Conferences This Fall If you were hoping to spend most of your time in October and November attending water conferences in Texas, you won’t be disappointed. Hardly a week will go by over the next couple of months without the opportunity to attend at least one, if not two, such conferences (one of the reasons that the Sierra Club “Water for People and the Environment” was moved from this fall to January – see page 4 of this publication). Below are three of the more immediate events (others will be highlighted in subsequent issues of the State Capitol Report). October 3 – Brenham The Texas Wildlife Association, joined by several other organizations, is sponsoring the “South Central Texas Water Conservation Conference” at the Washington County Fair Grounds Event Center, 1305 Blue Bell Blvd. Topics to be considered will include future water projections, groundwater ownership, environmental flows, land stewardship, and flood management. Cost of the conference (which runs from 9 AM to 4 PM) is $35 at the door. October 13 – Houston The Shell Center for Sustainability at Rice University, in partnership with the James A. Baker III Institute for Public Policy, is hosting the second annual conference on sustainability in Houston. This conference is focused on the theme “Water in the Houston Metabolism: Water Needs and Water Quality for this Century.” There is no cost for attending this event although registration is requested (http://cohesion.rice.edu/centersandinst/shellcenter/). November 13 – Houston The Bayou Preservation Association is holding a symposium on “Stormwater, the Underfunded Asset: The Economics of Stormwater Solutions” from 7:30 AM to 4 PM at the United Way of Greater Houston at 50 Waugh Drive. Cost of registration is $50, which includes lunch; the deadline for registration is November 1. Go to http://www.bayoupreservation.org/ for registration or more information. Information will be provided in the next issue regarding water conferences in Fort Worth on November 16-17 and in San Marcos on November 16-18 as well. _______________________________________________________ (6) Sierra Celebration Annual Chapter Outing October 23-2 Martin J. Dies, Jr. State Park The Lone Star Chapter's Annual Outing with hikes, nature walks, canoeing, food, fun, camaderie (and some story telling!). _______________________________________________________ SUBSCRIBE/UNSUBSCRIBE INSTRUCTIONS To subscribe or unsubscribe from this list, email: lonestar.chapter@sierraclub.org You receive this e-mail message as a designated representative of your organization, a reporter, as a public official, as a Sierra Club leader or donor to the Lone Star Chapter Sierra Club, (a 501(c)(4) organization serving 24,000 Sierra Club supporters in Texas, 13 Regional Sierra Club Groups in pursuit of our chapter conservation goals). View our goals on line at If you are not the appropriate representative for your organization to receive this email, please forward the correct contact information to: lonestar.chapter@sierraclub.org _______________________________________________________ ABOUT THIS PUBLICATION This State Capitol Report is a publication of The Sierra Club, Lone Star Chapter founded in Texas in 1965. Ken W. Kramer, Director and Editor, Cyrus Reed, Conservation Director and Hal Suter, Chair of the Chapter Executive Committee. Call us at (512) 4774-1729. The Sierra Club is a 501(c)(4) organization dedicated to improving the quality of life and health in Texas through education, dialogue, and collaboration regarding environmental issues. Visit us on line at The Lone Star Chapter and other leading environmental organizations participate in payroll contribution plans at many Texas workplaces through Earth Share of Texas. Find out how you can support the Lone Star Chapter of the Sierra Club at 800-GREENTX or Contribute: http://action.sierraclub.org/lonestar_scr This material is not under copyright. Please distribute this information widely, citing as the source: Sierra Club Lone Star Chapter P.O. Box 1931 Austin, Texas 78767-1931 (512) 477-1729 fax (512) 477-8526 http://texas.sierraclub.org lonestar.chapter@sierraclub.org