institute for energy research

Ohio Clean Energy still in Koch & ALEC crosshairs

  • Posted on: 30 October 2013
  • By: Connor Gibson

Crossposted from Greenpeace’s blog: The Witness.

UPDATE: After ALEC legislators failed to freeze or repeal RPS laws in North Carolina, Kansas, and many other states, ALEC legislators in Ohio froze its RPS law, effectively gutting the clean energy and energy efficiency incentives. Ohio state Senator and ALEC member Troy Balderson sponsored SB 310, which passed and was signed by early ALEC alumni Governor John Kasich. Troy Balderson, the third ALEC member senator in Ohio to introduce RPS attack legislation, is listed in ALEC's Energy, Environment and Agriculture task force rosters from 2011 (see ALEC EEA agendas from Cincinnati and New Orleans, from Common Cause's whisteblower complaint to the IRS about ALEC's lobbying activities). Balderson's ALEC affiliation was unfortunately unreported by Ohio press and bloggers. Despite a nationally-coordinated State Policy Network and fossil fuel industry attack on state RPS laws, Ohio is the only state that has allowed ALEC and SPN to undermine its own clean energy incentives, after quietly passing the RPS law with support from ALEC legislators back in 2008.

Ohio is currently fighting this year's final battle in a nationally-coordinated attack on clean energy standard laws, implemented by the American Legislative Exchange Council (ALEC) and other groups belonging to the secretive corporate front group umbrella known as the State Policy Network (SPN).

ALEC and SPN members like the Heartland Institute and Beacon Hill Institute failed in almost all of their coordinated attempts to roll back renewable portfolio standards (RPS) in over a dozen states--laws that require utilities to use more clean energy over time. After high profile battles in North Carolina and Kansas, and more subtle efforts in states like Missouri and Connecticut, Ohio remains the last state in ALEC's sites in 2013.

ALEC Playbook Guides the Attack on Ohio Clean Energy

 After Ohio Senator Kris Jordan's attempt to repeal Ohio's RPS went nowhere, ALEC board member and Ohio State Senator William Seitz is now using ALEC's new anti-RPS bills to lead another attack on the Ohio law--see Union of Concerned Scientists.

ALEC's newly-forged Renewable Energy Credit Act allows for RPS targets to be met through out-of-state renewable energy credits (RECs) rather than developing new clean energy projects within Ohio's borders. RECs have varying definitions of renewable energy depending on the region they originate from, lowering demand for the best, cleanest sources of power and electricity.

Sen. Bill Seitz's SB 58 takes advantages of existing provisions of Ohio's RPS law and tweaks other sections to mirror the key aspects of ALEC's Renewable Energy Credit Act. His RPS sneak-attack is matched by House Bill 302, introduced by ALEC member Rep. Peter Stautberg.

Just five years ago, Senator Seitz voted for Ohio's RPS law. Now, Seitz calls clean energy incentives "Stalinist."

Attacks on Ohio's Clean Energy Economy: Fueled by Dirty Energy Profits

Most of ALEC's money comes from corporations and rich people like the Koch brothers, with a tiny sliver more from its negligible legislator membership dues ($50/year). This includes oil & gas giants like ExxonMobil ($344,000, 2007-2012) and Big Oil's top lobbying group, the American Petroleum Institute ($88,000, 2008-2010). Exxon and API just two of dozens of dirty energy interests paying to be in the room during ALEC's exclusive Energy, Environment and Agriculture task force meetings.

Other polluting companies bankrolling ALEC's environmental rollbacks include Ohio operating utilities like Duke Energy and American Electric Power. AEP currently chairs ALEC's Energy, Environment and Agriculture task force. Some of these companies (like Duke Energy and the American Petroleum Institute) pay into a slush fund run by ALEC that allows Ohio legislators and their families to fly to ALEC events using undisclosed corporate cash (see ALEC in Ohio, p. 6).

Ohio Senator Kris Jordan used corporate money funneled through ALEC to attend ALEC events with his wife (ALEC in Ohio, p. 7). With electric utilities as his top political donors, Sen. Jordan has dutifully introduced ALEC bills to repeal renewable energy incentives (SB 34), along with other ALEC priorities like redirecting public funds for private schools (SB 88, 2011), and blocking Ohio from contracting unionized companies (SB 89, 2011).

Koch-funded Spokes & Junk Data Bolsters the ALEC Attack

The behavior of Senator Bill Seitz indicates he's more beholden to ALEC and the dirty energy utilities dumping tens of thousands of dollars into his election campaigns* than his constituents. There is support from a majority of Ohioans for utilities to obtain at least 20% of their electricity from clean sources. Ohio veterans spoke up for the RPS for increasing the state's energy security and lowing wholesale energy costs.

Rather than listening to these voices from Ohio, Senator Seitz has sided with out-of-state Koch-funded mouthpieces invited to testify against the Ohio RPS. Back in March, Seitz heard anti-RPS testimony from The Heartland Institute's James Taylor, who repeated false claims that the RPS will make electricity unaffordable.

Taylor's assertions mimicked those made in a debunked series of reports written for ALEC's RPS attacks. The Ohio anti-RPS report was co-published by the Koch-funded Beacon Hill Institute and the American Tradition Institute (ATI), sister group to the Koch-funded Competitive Enterprise Institute. ATI, now known as the Energy & Environment Legal Institute, was largely funded by Montana petroleum millionaire Doug Lair.

Senator Seitz also heard testimony from Daniel Simmons of the Institute for Energy Research (IER), who recited long-debunked statistics from the so-called "Spanish study" and "Danish study." Koch-funded groups have used these two papers for years to stifle clean energy growth in the United States. Daniel Simmons previously worked for ALEC and the Mercatus Center, which was founded by the Kochs. Heartland and the Institute for Energy Research have financial or personnel ties to the Kansas billionaire Koch brothers.

RPS and Energy Efficiency Are Helping Build Ohio's Economy

Thanks in part to energy efficiency incentives and the RPS law, Ohio's clean energy economy is expanding rapidly, with 25,000 Ohioans employed by 400 companies in the sector. Wind energy is set to expand rapidly, with the American Wind Energy Association projecting $10 billion in investments over the next decade, thanks to the RPS targeted by ALEC and its dirty companies through loyal politicians like Senator Seitz.

Not content to just weaken incentives for clean energy growth, Bill Seitz's SB 58 would also undermine energy efficiency standards, another item on ALEC's agenda. This despite a projected $2.7 billion in savings for Ohio by 2012, as directed by the efficiency and RPS laws.

No wonder ALEC got dumped by its wind and solar trade members.

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*Since 2007, Senator Seitz has received $46,450 from coal utilities that are ALEC member companies:

  • $21,500 from American Electric Power (AEP)
  • $15,300 from Duke Energy
    • $4,800 of this bundled from Duke Employees in Ohio, Kentucky and Indiana during the 2008 election cycle
  • $4,000 from NiSource
  • $3,000 from Dominion
  • $2,650 from the Ohio Rural Electric Cooperatives, a member of the nation's top dirty energy lobbying heavyweight, the National Rural Electric Cooperative Association.

If you add contributions from FirstEnergy, AES subsidiary Dayton Power & Light, and the Ohio Coal Association, Sen. Seitz's coal money since 2007 tops $66,000.

ALEC's December, 2012 meeting in Washington, DC was heavily sponsored by coal companies, including AEP, the National Rural Electric Cooperative Association (NRECA), and Edison Electric Institute, the utility trade group whose membership includes Duke Energy, AEP, NiSource, Dominion, AES and FirstEnergy.

Data aggregated by the National Institute for Money in State Politics - FollowTheMoney.org

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Report Highlights Failure of Media to Disclose Fossil Fuel Interests

  • Posted on: 12 December 2012
  • By: Connor Gibson

Freshly released today: a report by the Checks & Balances Project examining how often top U.S. newspapers fail to attribute fossil fuel ties to organizations or people that appear news articles to promote fossil fuels, demonize clean energy or promote delay of climate change solutions. Tracking ten of the top fossil fuel front groups in 58 leading U.S. newspapers, the new report finds over 1,000 instances where ties to or funding from coal, oil and gas interests was not disclosed when including a shill group or quoting one of its "experts."

Only 6% of the time were fossil fuel ties disclosed when these top 58 newspapers reported on the ten fossil fuel front groups examined in the study. These groups wind up in the paper, on average, at least once every other day. In the five-year window the report uses, the ten front groups got at least $16 million from coal, oil and gas interests.

According to Checks & Balances:

These groups, and their proponents, have been quoted on average every other day for the past five years in 60 of the largest mainstream newspapers and publications. Despite having received millions of dollars from fossil fuel interests, such as ExxonMobil and Koch Industries, these groups’ financial ties to the fossil fuel industry are rarely mentioned.

Deniers are already taking notice--see Steven Milloy's complaints here. Steve Milloy has been a central climate denier, who was paid to shill for tobacco company Phillip Morris and oil giant Exxon before work for the Cato Institute (see below) and starting the climate denial website "JunkScience."

The ten groups that Checks & Balances examined are well-established fossil fuel apologists. Here is a roundup of watchdog sites with more information on each of these organizations' historic funding from and work for fossil fuel interests like ExxonMobil and Koch Industries (2006-2010 funding figures compiled in the Checks & Balances Project report):

American Enterprise Institute (AEI): $1.675 million from fossil fuel interests (2006-2010)

Competitive Enterprise Institute (CEI): $88,279 from fossil fuel interests (2006-2010)

Cato Institute: $1.385 million from Koch/Exxon (2006-2010)

George C. Marshall Institute: $675,000 from fossil fuel interests (2006-2010)

Heartland Institute: $115,000 from Exxon (2006-2010, see also $25,000 grant from Charles Koch in 2011)

Heritage Foundation: $2.523 million from fossil fuel interests (2006-2010)

Hudson Institute: $75,000 from fossil fuel interests (2006-2010)

Institute for Energy Research (IER): $310,000 from fossil fuel interests (2006-2010)

Manhattan Institute: $1.38 million from fossil fuel interests (2006-2010)

Mercatus Center: $8.06 million from fossil fuel interest (2006-2010)

Known Associates: 
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ALEC Model Bill Behind Push To Require Climate Denial Instruction In Schools

  • Posted on: 26 January 2012
  • By: Connor Gibson

Written by Steve Horn, crossposted from DeSmogBlog.

On January 16, the Los Angeles Times revealed that anti-science bills have been popping up over the past several years in statehouses across the U.S., mandating the teaching of climate change denial or "skepticism" as a credible "theoretical alternative" to human caused climate change came.

The L.A. Times' Neela Banerjee explained,

"Texas and Louisiana have introduced education standards that require educators to teach climate change denial as a valid scientific position. South Dakota and Utah passed resolutions denying climate change. Tennessee and Oklahoma also have introduced legislation to give climate change skeptics a place in the classroom."

What the excellent Times coverage missed is that key language in these anti-science bills all eminated from a single source: the American Legislative Exchange Council, or ALEC.

ALEC Exposed: No, Not Alec Baldwin*

In summer 2011, "ALEC Exposed," a project of the Center for Media and Democracy (CMD)**, taught those alarmed about the power that corporations wield in the American political sphere an important lesson: when bills with a similar DNA pop up in various statehouses nationwide, it's no coincidence. 

Explaining the nature and origins of the project, CMD wrote, "[CMD] unveiled a trove of over 800 'model' bills and resolutions secretly voted on by corporations and politicians through the American Legislative Exchange Council (ALEC). These bills reveal the corporate collaboration reshaping our democracy, state by state."

CMD continued, "Before our publication of this trove of bills, it has been difficult to trace the numerous controversial and extreme provisions popping up in legislatures across the country directly to ALEC and its corporate underwriters."

CMD explained that ALEC conducts its operations in the most shadowy of manners (emphases mine):

"Through ALEC, behind closed doors, corporations hand state legislators the changes to the law they desire that directly benefit their bottom line. Along with legislators, corporations have membership in ALECCorporations sit on all nine ALEC task forces and vote with legislators to approve 'model' billsCorporations fund almost all of ALEC's operations. Participating legislators, overwhelmingly conservative Republicans, then bring those proposals home and introduce them in statehouses across the land as their own brilliant ideas and important public policy innovations—without disclosing that corporations crafted and voted on the bills."

So, what is the name of the "model bill" this time around?

The Trojan Horse: The "Environmental Literacy Improvement Act"

The Trojan Horse in this case is an Orwellian titled model bill, the "Environmental Literacy Improvement Act."[PDF]

The bill was adopted by ALEC's Natural Resources Task Force, today known as the Energy, Environment and Agriculture Task Force, at ALEC's Spring Task Force Summit on May 5, 2000 — it was then approved by the full ALEC Board of Directors in June of 2000.

The bill's opening clause reads [PDF], "The purpose of this act is to enhance and improve the environmental literacy of students and citizens in the state by requiring that all environmental education programs and activities conducted by schools, universities, and agencies shall…"

Among other things, the bill stipulates that schools, universities and agencies should, 

  • "Provide a range of perspectives presented in a balanced manner."
  • "Provide instruction in critical thinking so that students will be able to fairly and objectively evaluate scientific and economic controversies." 
  • "Be presented in language appropriate for education rather than for propagandizing."
  • "Encourage students to explore different perspectives and form their own opinions."
  • "Encourage an atmosphere of respect for different opinions and open-mindedness to new ideas."
  • "Not be designed to change student behavior, attitudes or values." 
  • "Not include instruction in political action skills nor encourage political action activities."

How does this language compare with legislation passed or proposed in various states? A review is in order.

ALEC Bills: From Model to Reality

The "Environmental Literacy Improvement Act," or at minimum, the crucial language found within it, has been proposed in seven states, and passed in three states, Louisiana in 2008, Texas in 2009 and South Dakota in 2010.

Louisiana

In 2008, the Louisiana state legislature introduced and eventually passed S.B. 733, the Louisiana Science and Education Act. The bill was originally sponsored by four members of the Senate, three of whom are current dues paying members of ALEC: Sen. Ben Wayne Nevers, Sr. (D-12); Sen. Neil Riser (R-32); and Sen. Francis Thompson (D-34).

The three ALEC members received a total of $9,514 from the oil and gas industry in the 2008 and 2010 election cycles in campaign money combined, and the four of them together received $13,814 in campaign cash from the oil and gas industry, according to the National Institute on Money in State Politics' FollowTheMoney.org.

ALEC Model vs. S.B. 733

The Louisiana bill calls for, "an environment within public elementary and secondary schools that promotes critical thinking skills, logical analysis, and open and objective discussion of scientific theories being studied including…global warming…" The bill also calls for "instructional materials to help students understand, analyze, critique, and review scientific theories in an objective manner."

This bill mirrors the provisions of the ALEC bill which say that teachers should "provide instruction in critical thinking so that students will be able to fairly and objectively evaluate scientific…controversies," and mandates that "balanced and objective environmental education materials and programs will…be used."

South Dakota

In 2010, the South Dakota Legislative Assembly passed House Concurrent Resolution 1009, a non-binding resolution introduced by 33 members of the House of Representatives and 6 members of the Senate, 39 in total, and 12 of whom are current members of ALEC. The bill calls for "balanced teaching of global warming in the public schools of South Dakota."

The 12 members of ALEC who sponsored HCR 1009 received $1,900 from the oil and gas industry in the 2008 and 2010 election cycles combined, according to FollowTheMoney.org.

The bill mirrors the provision of the ALEC bill that call for the providing of "a range of perspectives presented in a balanced manner."

Kentucky

In 2010, the Kentucky state legislature proposed H.B. 397, the Kentucky Science Education and Intellectual Freedom Act, a bill that eventually failed to pass.

The bill was co-sponsored by two members of the Kentucky House of Representatives who were not members of ALEC, but one of whom, Tim Moore (R-26), took $3,000 from the oil and gas industry in the 2008 and 2010 campaign cycles combined, according to the National Institute on Money in State Politics.

ALEC Model vs. HB 397

Two key provisions of the H.B. 397 "encourage local district teachers and administrators to foster an environment promoting objective discussion of the advantages and disadvantages of scientific theories" and "allow teachers to use, as permitted by the local board of education, materials in addition to state-approved texts and instructional materials for discussion of scientific theories including…global warming…"

This bill mirrors major provisions of the ALEC model bill that say teachers should "provide instruction in critical thinking so that students will be able to fairly and objectively evaluate scientific…controversies," and mandates that "balanced and objective environmental education materials and programs will…be used."

New Mexico

In 2011, ALEC member, Rep. Thomas A. Anderson, introduced H.B. 302. In the 2008 and 2010 campaign cycles, he raised $2,650, according to the National Institute on Money in State Politics' campaign finance database.

ALEC Model vs. H.B. 302

H.B. 302 says that schools shall "not prohibit any teacher, when a controversial scientific topic is being taught in accordance with adopted standards and curricula, from informing students about relevant scientific information regarding either the scientific strengths or scientific weaknesses pertaining to that topic." One "controversial scientific topic" listed is the "causes of climate change."

This bill mirrors the provisions of the ALEC model bill which call for teaching "a range of perspectives presented in a balanced manner," teaching "different perspectives" to allow for students to "form their own opinions," and creating an "atmosphere of respect for different opinions and open-mindedness to new ideas."

Tennessee

Tennessee's House bill, H.B. 368, essentially a replica of the ALEC model bill, overwhelmly passed the House in April 2011, but its Senate-version cousin, S.B. 893, failed to pass. As the Los Angeles Times article makes clear, efforts to push the bill through are far from over.

Key clauses of that bill read,

  • "[T]eachers shall be permitted to help students understand, analyze, critique, and review in an objective manner the scientific strengths and scientific weaknesses of existing scientific theories covered in the course being taught."
  • "[P]ublic elementary and secondary schools…[should]…respond appropriately and respectfully to differences of opinion about controversial issues." 

These excerpts match, almost to a "T," bullet points one, three and four of the ALEC model bill.  

Nine of the 24 co-sponsors of the H.B. 368 are ALEC members, according to CMD's ALEC Members database.

In addition, these nine ALEC member co-sponsors received $8,695 in campaign contributions from the oil and gas industry combined in the 2008 and 2010 campaign cycles, according to FollowTheMoney.org. The other 15 sponsors of the bill, while not members of ALEC, received $10,400 in their campaign cofffers in the 2008 and 2010 campaign cycles combined.

S.B. 893, on the other hand, was sponsored by Sen. Bo Watson (R-11), a recipient of $1,800 in oil and gas industry money in the 2008 and 2010 election cycles combined.

Translation: between the 25 of them, on top of a model bill handed to them by corporate oil and gas industry lobbyists, they were also furnished with $20,895 in campaign cash by these industries with the expectation to do their legislative bidding.

Oklahoma

Titled, the “Scientific Education and Academic Freedom Act,” H.B. 1551 is also essentially a copycat of Tennessee's version of the ALEC model bill — it failed to pass. A Senate version of that bill, S.B. 320, was also proposed in 2009, but failed to pass through committee.

Key clauses of that bill read (emphases mine),

  • "[T]eachers shall be permitted to help students understand, analyze, critique, and review in an objective manner the scientific strengths and scientific weaknesses of existing scientific theories pertinent to the course being taught."
  • "[N]o student in any public school or institution shall be penalized in any way because the student may subscribe to a particular position on scientific theories."

Notice how the first bullet is exactly the same in both the Tennessee and Oklahoma bills — also notice how similar bullet number two is in both language and substance in both states' bills.

Rep. Sally Kern (R-84), sponsor of H.B. 1551, is a member of ALEC, according to CMD. She received $12,335 from the oil and gas industry in the 2008 and 2010 election cycles, in total, according to FollowTheMoney.org. Sen. Randy Brogdon (R-34), sponsor of S.B. 320, while not a member of ALEC, received $22,967 from the oil and gas industry while running and losing for Governor of Oklahoma in 2010, according to FollowTheMoney.org.

On the whole, sponsors and co-sponsors from the six states in which the ALEC bill was proposed were recipients of $44,409 in campaign money from the oil and gas industry, a miniscule down payment for some of the most lucrative corporations known in the history of mankind.

Texas

Texas, in this case, is a bit of a wild card. Rather than a bill proposed by a state legislature, in 2009, the Texas School Board passed an amendent calling for the "balanced" teaching of climate change, meaning both science and "skepticism."

The Austin Statesman explained,

"The State Board of Education…adopted standards on the teaching of global warming that appear to both question its existence and prod students to explore its implications.

Standards are used to guide textbook makers and teachers.

Language…instructed students to 'analyze and evaluate different views on the existence of global warming,'"…

This provision mirrors and is likely inspired by the ALEC model bill provision on global warming, which suggested science teachers should "Provide a range of perspectives presented in a balanced manner."

A Bill In the Corporate Polluter's Interest

The money paper trail for this ALEC model bill runs deep, to put it bluntly. 

When the ALEC model bill was adopted in 2000 by ALEC's Natural Resources Task Force, the head of that committee was Sandy Liddy Bourne, who after that stint, became Director of Legislation and Policy for ALEC. She is now with the Heartland Institute as vice-president for policy strategy. In Sandy Liddy Bourne's bio on the Heartland website, she boasts that "Under her leadership, 20 percent of ALEC model bills were enacted by one state or more, up from 11 percent." 

SourceWatch states that Liddy Bourne "…is the daughter of former Nixon aide and convicted Watergate criminal G. Gordon Liddy, who spent more than 52 months in prison for his part in the Watergate burglary…[and her] speech at the Heartland Institute's 2008 International Conference on Climate Change was titled, 'The Kyoto Legacy; The Progeny of a Carbon Cartel in the States."

The Heartland Institute was formerly heavily funded by ExxonMobil and Koch Industries, just like ALEC was at the time that Liddy Bourne's committee devised the "Environmental Literacy Improvement Act." These two corporations are infamous for their funding of climate change "skeptic" think tanks and front groups.  

Today, the corporate polluter members of ALEC's Energy, Environment and Agriculture Task Force include representatives from American Electric Power, the Fraser Institute, the Cato Institute, the Competitive Enterprise Institute, the Institute for Energy Research, the Mackinac Center for Public Policy, the Heartland Institute, and the American Coalition for Clean Coal Electricity, to name several.

Getting Them While They're Young: A Cynical Maneuver 

In the United States, the politics of big-money backed disinformation campaigns have trumped climate science, and serves as the raison d'être for DeSmogBlog. Polluters with a financial interest in continuing to conduct business without any accountability for their global warming pollution have purposely sowed the seeds of confusion on an issue seen as completely uncontroversial among scientists.

Maneuvering to dupe schoolchildren is about as cynical as it gets. Neuroscience explains that young brains are like sponges, ready to soak in knowledge (and disinformation, for that matter), and thus, youth are an ideal target for the "merchants of doubt."

The corporations behind the writing and dissemination of this ALEC model bill, who are among the largest polluters in the world, would benefit handsomly from a legislative mandate to sow the seeds of confusion on climate science among schoolchildren.

Alas, at the very least, the identity of the Trojan Horse has been revealed: it's name is ALEC.

 

*Sorry Alec Baldwin, this isn't about you, please resume your Words With Friends. This ALEC is far more scandalous.

**Full Disclosure: At the time of the ALEC Exposed project's public release in mid-2011, Steve Horn was an employee of Center for Media and Democracy.

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