Thursday, January 12, 2012

Press Release: "Bill Would Freeze Renewable Energy Mandate"


Bill Would Freeze Renewable Energy Mandate


Sponsors Say Action Would Provide Needed Opportunity for Review

For more information, contact: Joe Fulgham (302) 744-4184
For immediate release: Tuesday, January 10, 2012

A bill to soon be filed in the State House of Representatives seeks to freeze the state’s current renewable electricity mandate, a move that supporters believe will give policy-makers a chance to review the direction of the state’s energy strategy. Under state law, the percentage of electricity that Delmarva Power and the state’s nine municipal electricity utilities are required to supply from renewable resources – like wind and solar energy – must increase each year through 2025 when “green energy” must comprise at least 25 percent of the total. For the compliance year 2011-2012, the regulated utilities must have 7 percent of their load supplied from renewable resources. The measure being sponsored by State House Minority Leader Greg Lavelle (R-Sharpley) would freeze the “renewable portfolio standard” (RPS) at the proportion the utilities had achieved as of January 1, 2012. “Our energy strategy is flawed,” Rep. Lavelle said. “Despite the dynamic nature of the energy market in recent years, our state policy remains on autopilot. Freezing the RPS at current levels would give us a chance to step back and reassess the situation.” Rep. Lavelle said the recent example of Bluewater Wind should serve as a cautionary example of how market conditions can overtake and frustrate the best intentions of policy-makers. Bluewater Wind, an NRG Energy venture to deploy dozens of wind turbines 13 miles off Delaware's Atlantic coast, all but died in late December when NRG was forced to cancel its long-term contract to sell up to 200 MW of the turbines' output to Delmarva Power. Delmarva Power had agreed to the deal in 2008, in part, to meet its state-imposed renewable energy mandate. Unable to sell the project, despite its power purchase agreement with Delmarva Power, NRG chose to terminate the contract rather than make further financial commitments to the wind farm. “NRG did the prudent thing,” Rep. Lavelle said. “They understood that the factors that had made an off-shore wind farm appear workable four years ago had changed and that current conditions didn’t support it,” Rep. Lavelle said. State Rep. Jack Peterman (R-Milford), who is a co-prime sponsor of the bill to freeze the RPS, agrees. Citing Delaware’s participation in the Regional Greenhouse Gas Initiative (RGGI) – a 10-state "cap and trade" compact designed to reduce carbon dioxide emissions from large power plants – Rep. Peterman said unanticipated changes have outpaced the state’s policy goals. He noted that changes at three Delaware power plants in recent years will result in those facilities producing 30 to 40 percent less CO2 by 2014, far surpassing the RGGI target of a 10 percent reduction by 2019. Rep. Peterman noted that this reduction estimate does not include NRG Energy’s recently announced plan to replace a coal-fired generator at its Dover facility with a cleaner and more efficient natural gas turbine by next summer, the installation of which will further decrease statewide CO2 emissions. “When the RGGI was begun three years ago, natural gas prices were on the rise,” Rep. Peterman wrote in a recent opinion column. “Since then, natural gas from a huge reserve in nearby Pennsylvania has come onto the market, dropping prices and increasing its attractiveness as an alternative to coal.” According to one estimate, Rep. Peterman said Delaware’s participation in the cap-and-trade program alone could increase power costs for Delaware residents and businesses by as much as $35 million annually to meet a goal that has already been greatly exceeded. Both Reps. Lavelle and Peterman said the cost of electricity should be a top concern for Delaware officials and is another reason to launch an energy policy review. According to the U.S. Energy Information Agency (EIA), Delaware has the 13th highest residential electricity rate in the nation (13.8 cents per kilowatt hour) and the 13th highest rate for commercial customers (11.36 cents per kwh). Federal data also reveals that when compared to other states, Delawareans have the seventh highest residential average monthly bill ($129.07). “Power costs are one of the top considerations for businesses,” Rep. Peterman said. “Businesses in my district like Sea Watch International, Perdue and North American Cold Storage are all intensive power users and the cost of electricity impacts the welfare of their operations at the most fundamental level.” Rep. Lavelle notes that Delaware has very few economically viable renewable energy resources. Aside from the 10 MW Dover SUN Park that went into operation over the summer, EIA data shows Delaware’s most significant renewable resource used for electricity generation is methane captured from landfills. “The SUN Park, as admirable as it is, would not be sustainable if it were not for state and federal support,” Rep. Lavelle said. “With so little renewable energy available locally, the result of our current energy policy will not only drive up the already high price of electricity in Delaware, it will export an increasing number of jobs and money to other states as our renewable portfolio standard climbs.” Rep. Lavelle and Peterman say the intent of their bill is not to compromise the increased use of renewable energy. “In fact, our bill requires utility companies to inform their customers about how they can increase their use of electricity from renewable sources,” Rep. Peterman said. Both lawmakers say given the rapid changes that have overtaken the energy market since 2008, it is prudent to freeze the renewable portfolio standard so the state’s policies can be adjusted to reflect existing realities; keep power prices as low as possible; and move renewable energy forward in a sustainable way that is supported by consumer demand, not state mandate.

* Delaware Electric Cooperative is not subject to this provision, but must still present a plan for increasing its use of renewable energy.

Saturday, January 7, 2012

Old and New Business Awaits Lawmakers

When state legislators return to work in Dover next week, dozens of bills introduced in the first half of the 146th General Assembly will be waiting on the procedural conveyor belt, right where they were left when the legislature adjourned six months ago. Also competing for attention when the House and Senate gravel to order Tuesday will be new measures filed this week.


State House Minority Leader Greg Lavelle (R-Sharpley) says even under ideal conditions it is often tough to anticipate the issues that will capture the legislature's attention. But he says that task will be all the more difficult this year because of the state's uncertain fiscal situation.


"With costs rising, muddled state revenue forecasts, and an unsettled economy, I think the legislature will be preoccupied with money issues throughout the session," Rep. Lavelle said. "Those issues tend to cast a shadow over much of what is done in Dover and they will not be fully resolved until the last revenue forecast in June."


Seven new bills were filed in the House of Representatives earlier this week in anticipation of the 2012 session, including the following:


House Bill 230 would establish a process for rescheduling municipal elections in cases of emergency and for resolving disputed and tied elections. This is the third attempt of this General Assembly to resolve these issues, the first two endeavors being embodied in incarnations of House Bill 33.


House Bill 232 calls for new income reporting requirements for public officials. Additionally, the bill would require that public officials disclose the identities of any relatives working for a state-funded organization. The bipartisan measure is sponsored State Rep. Helene Keeley (D-Wilmington South), who is one of nine state legislators currently working for a state agency or other organization receiving significant state funding.


House Bill 233 -- also sponsored by Rep. Keeley and receiving support from both sides of the aisle -- would require lobbyists to disclose every non-profit organization, community association and trade organization on which they serve as a council member or board member.


House Bill 235 seeks to give military personnel a 50-percent discount on annual vehicle tags used for entering state parks and recreational areas.


While new bills are introduced, many legislators have not forgotten the bills left to linger in legislative limbo since last year.


Recently, State Rep. Jack Peterman (R-Milford) appealed for action on a bill that has been bottled-up in the House Energy Committee for nearly a year. House Bill 27 seeks to allow Delaware Electric Cooperative and the nine municipal electricity utilities to "utilize conservation, energy efficiency and demand-side management programs" as part of their efforts to comply with a state green energy mandate.


Rep. Peterman also called for action on House Bill 86, which would remove Delaware from the Regional Greenhouse Gas Initiative -- a 10-state carbon dioxide "cap and trade" program. Rep. Peterman says the four-year-old program is significantly increasing the retail cost of electricity and has outlived its usefulness because changes in the energy market have already resulted in pollution reductions far exceeding the RGGI's goals.


Rep. Lavelle said energy issues will likely continue to be hot policy topic in the New Year. "I think we'll continue to see energy bills making their way into the legislative pipeline," he said. "With Delaware's relatively high cost for electricity, and the barrier that poses to attracting new jobs to Delaware, it will be interesting to see if we can work together to change policies that have been criticized for escalating power prices."


Action mandated by the federal Patient Protection and Affordable Care Act (ACA) could also find its way into legislation debated by the Delaware General Assembly this year.


Included in the massive federal healthcare reform law is a requirement for states to create their own state-run exchanges where individuals and businesses can compare and purchase insurance plans. The exchanges are essential to the ACA.


If the states don't act, or refuse to act, the federal government will create exchanges for them. According to the National Governors Association, only about 21 states have passed legislation addressing the issue.


According to a recent analysis conducted by Governing magazine, states not enacting enabling legislation in 2012 will have a difficult time procuring the information technology necessary to run the exchanges, which are supposed to be open for business in less than two years.


"Health I-T vendors say timelines are already tightly compressed, and smaller states are worried that the federal government and big states, such as California and New York, will monopolize the most capable consultants," the report stated.

Monday, May 23, 2011

SB 64 - AN INCREDIBLY DANGEROUS, FREEDOM-STEALING BILL

This might be the most dangerous bill we've ever seen in Delaware. It gives one person, the Secretary of DNREC, total dominion over a land area the size of New Castle County. It takes that power away from county and municipal governments.

This much concentration of power in the hands of one person is wrong. Once this bill becomes law, it will make the legislators even more impotent (in comparison to the Secretary of DNREC) than they've ever been.

Regardless of political promises that might be made to get the bill passed, what will prevent the regulations from changing to fit the vision of any Secretary in the future? The answer is nothing. Freedom will constantly be threatened.

Click here to read legislation

Monday, May 16, 2011

HB 101 & 102

HB 101 & 102 vastly increase the cost and complexity of dealing with DelDOT for anyone needing access to the highways. These are horrible bills that seem designed to kill the possibility of new jobs.

HB 101: http://legis.delaware.gov/LIS/LIS145.NSF/vwLegislation/37C72A7C1E11A3958525758900611EFB?Opendocument

HB 102: http://legis.delaware.gov/LIS/LIS145.NSF/vwLegislation/HB+102?Opendocument

Friday, May 6, 2011

House Bill #86

It is time to end Delaware's "cap and trade" program. It will cost us all a fortune with virtually no benefits. Unfortunately, this bill almost surely will not be voted on. If it isn't, prepare for your electric bill to go up for years to come.

House Bill #86

Title:


AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO TERMINATING THE REGIONAL GREENHOUSE GAS INITIATIVE AND CO2 EMISSION TRADING PROGRAM.


Synopsis:

This bill terminates Delaware’s participation in the Regional Greenhouse Gas Initiative and will save money for every electricity user in Delaware.


To view full text of legislation, click HERE



Thursday, April 14, 2011

House Bill #89 - Doctrine of Employment at Will

AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE DOCTRINE OF EMPLOYMENT AT WILL AND PROTECTION FROM WRONGFUL TERMINATION.

Synopsis:

This act is based on the Model Employment Termination Act promulgated by the National Conference of Commissioners on Uniform State Laws in 1991. The basic philosophy of this act is one of compromise and balancing the competing interests of employers and employees. Thus, although covered employees are granted an expanded substantive right to “good cause” protections against termination, available remedies are limited to reinstatement, with or without backpay, and severance pay when reinstatement is unfeasible. Compensatory and punitive damages are eliminated, except in cases where an employer retaliates against an individual for filing a complaint, giving testimony or otherwise participating in proceedings under this Subchapter.

Pursuant to this act, employees who have worked for an employer for more than one year may only be fired for “good cause.” Part-time employees working less than 20 hours per week are not covered by the act. As to covered employees, this act extinguishes all common law rights and remedies against an employer. This act, however, does not displace or extinguish any rights granted to an employee under any federal or Delaware statutes, administrative rules or regulations having the force of law. Similarly, this act does not displace or extinguish any rights granted to an employee under a collective-bargaining agreement or an express oral or written agreement relating to employment. Employees not covered by the provisions of this act retain all common law rights and remedies.

This act does not apply to the State or its subdivisions or agencies, municipal corporations or private employers with less than five employees. “Good cause” for a termination is defined as: (i) a “reasonable basis” related to an individual employee in view of factors such as conduct on the job, job performance and employment record; or (ii) the exercise of business judgment in good faith by the employer. The requirement of good cause for a termination does not apply to a termination which occurs at the expiration of express term of employment or upon completion of the specified task or project to which the employment related.

The provisions of this act cannot be waived except by an express written agreement of the employer and employee providing for severance pay in the event the employee is terminated without good cause. Any covered employee whose employment is terminated may file a complaint and demand for arbitration with the Department of Labor within 180 days of the effective date of the termination. An employer seeking a declaration that good cause exists for a termination may also file a complaint and request for arbitration. Arbitration pursuant to this act shall be governed by Delaware’s Uniform Arbitration Act. Either party to an arbitration proceeding may appeal the arbitrator’s award to the Superior Court of the County in which the termination occurred.

The act will take effect 180 days after enactment to allow the Department of Labor to promulgate regulations implementing this act.

To view full text of legislation, click
HERE

House Bill #88 - Regulation of Securities

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE REGULATION OF SECURITIES.

Synopsis:

This bill, named the “Delaware Investor Protection Act,” re-organizes the provisions of the Delaware Securities Act (6 Del. C., Ch. 73) into seven subchapters and makes the following substantive amendments to the Act:

(1) The definition of the word “security” is amended to make clear that a viatical settlement contract is a security under the Act.
(2) The definition of the word “security” is amended to make clear that an annuity contract is a security under the Act.
(3) The definition of the word “security” is amended to make clear that an advance fee agreement is a security under the Act.
(4) A definition of the term “viatical settlement contract” is added to the Act.
(5) The anti-fraud provision under the Act is amended to make clear that (a) where scienter is an element of the offense, reckless conduct will satisfy the scienter requirement; and (b) in a government enforcement action brought under the anti-fraud provision, the government need not prove loss, proximate cause, or reliance in order to establish a violation of any part of the provision, nor scienter to establish that a violation has occurred through the making of a materially false statement or omission.
(6) The permissible range for filing fees payable for securities registrations and notice filings is amended to establish a minimum payment of $500.00 and a maximum payment of $1,500.00.
(7) The statutory registration exemption for any investment contract issued in connection with an employee’s stock purchase, savings, pension, profit-sharing or similar benefit plan is amended to eliminate the requirement that the Commissioner be notified in writing of the offering of any such security.
(8) A securities registration exemption for viatical settlement contracts is added to the Act.
(9) The Act is amended to make it unlawful for persons registered under the Act (or persons who are required to be registered under the Act) to make false or misleading filings with the Commissioner, to engage in any dishonest or unethical conduct, or to fail reasonably to supervise persons for whom he or she has supervisory responsibilities.
(10) The Act is amended to strike a provision that provides for automatic registration of the partners, officers, and directors of a broker-dealer or investment adviser.
(11) The Act is amended to increase the registration fees for broker-dealers, broker-dealer agents, investment advisers, investment adviser representatives, and issuer agents.
(12) The Act is amended to increase the notice filing fee for federal covered advisers.
(13) The Act is amended to clarify that the Attorney General may delegate to an administrative hearing officer the authority to preside in any administrative proceeding under the Act.
(14) The statute of limitations in the Act is amended to provide an extension of the existing 5-year statute of limitations for two additional years in the event of fraudulent concealment, but in no event will the applicable statute of limitations be extended for more than 3 years beyond the 5-year period.
(15) The Act is amended to increase the fine that may be imposed for a failure reasonably to supervise an agent or employee.
(16) The Act is amended to increase the fine that may be imposed for a violation of the Act involving a continuous course of conduct.
(17) The Act is amended to create enhanced criminal penalties for persons who commit violations of the Act that injure elderly, infirm or disabled persons.
(18) The Act is amended to create a right to rescind a viatical settlement contract for a limited period of time following the occurrence of the viatical settlement contract transaction. This right of rescission does not apply to institutional buyers or accredited investors.
(19) The Act is amended to create a mechanism by which an administrative order of the Commissioner can be filed with and given the full force and effect of a judgment of the Superior Court for the State of Delaware.
(20) The Act is amended to enhance funding for the Investor Protection Fund.
(21) The Act is amended to make aiding and abetting conduct a violation of the Act.
(22) The Act is amended to update statutory references and make minor technical corrections.

To view full text of legislation, click HERE