Climate Rights

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[cs_content][cs_element_section _id=”1″ ][cs_element_layout_row _id=”2″ ][cs_element_layout_column _id=”3″ ][cs_element_text _id=”4″ ][cs_content_seo]Do current and future generations have a constitutional right to a safe climate? Sixteen youth plaintiffs filed a constitutional climate lawsuit against their state government in 2017 to argue that we do have such a right. 
In Sagoonick v. State of Alaska, the young plaintiffs assert that Alaska’s fossil fuel energy policy and the State-authorized fossil fuel development and ensuing greenhouse gas emissions that result have caused and contributed to Alaska’s climate crisis. The policies have placed the youth plaintiffs in danger and are harming their health, safety, homes, culture, and Native villages in violation of Alaska’s Constitution.
On January 28, 2022, in a split 3-2 decision, the Alaska Supreme Court ruled against the young plaintiffs. On February 7, the youth plaintiffs filed a petition for rehearing of their case, asking the Court to reconsider its decision and allow their case to go forward. The youth were disappointed about the February 25 denial of their petition, but the fight is far from over. 
State lawmakers have taken note of how close the decision in Sagoonick was. Representative Ben Carpenter, a Republican from the fossil-fuel embracing town of Nikiski, took to the House Floor to make a note of this. Representative Carpenter stated, “this isn’t going away” and that “the implication here…is that State…oil exploration policy…our energy policies…need to be adjusted for an individual’s right to have a safe climate.”  
While some lawmakers may take the close decision as a warning that the state’s petroleum industry is under attack by the youth, Carpenter’s words offered another assessment – sobering to some – that the courts are coming around to the idea of a right to a safe climate.   
Suppose an industry or a policy effectively uses our atmosphere as a dumping place for a chemical byproduct that is enough quantity can put into question the ability of mammals to survive on the planet. In that case, you bet today’s young people should try their level best to stop any additional inputs of that chemical byproduct. The courts are taking note of the danger ahead if we cannot radically decrease the emissions of CO2 and methane into the air. Too much is at stake for this issue to just go away. Expect future lawsuits, legislation, and petitions for rulemaking from the young people of our state and nation.  
Government regulations on industry are in place to protect our health and, ultimately, our individual freedom. The brave youth plaintiffs in Sagoonick v. State of Alaska are fighting for our individual health, individual freedom, and collective health and freedom. These youth are true patriots, and their actions resonate with other youth. Change is coming.
Yours,
The Alaska Center\n\n[/cs_content_seo][/cs_element_layout_column][/cs_element_layout_row][/cs_element_section][cs_element_section _id=”5″ ][cs_element_layout_row _id=”6″ ][cs_element_layout_column _id=”7″ ][cs_element_button _id=”8″ ][cs_content_seo]Voice Your Support on March 1st\n\n[/cs_content_seo][/cs_element_layout_column][/cs_element_layout_row][/cs_element_section][cs_element_section _id=”9″ ][cs_element_layout_row _id=”10″ ][cs_element_layout_column _id=”11″ ][cs_element_button _id=”12″ ][cs_content_seo]Bills To Watch This Week\n\n[/cs_content_seo][/cs_element_layout_column][cs_element_layout_column _id=”13″ ][cs_element_button _id=”14″ ][cs_content_seo]Learn More About Bills This Session\n\n[/cs_content_seo][/cs_element_layout_column][/cs_element_layout_row][/cs_element_section][/cs_content]

Renewable Energy Goals

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[cs_content][cs_element_section _id=”1″ ][cs_element_layout_row _id=”2″ ][cs_element_layout_column _id=”3″ ][cs_element_text _id=”4″ ][cs_content_seo]We don’t often say nice things about our Governor, and that is because we disagree with many of his policies and tactics wholeheartedly. For instance, one of his first moves as Governor was to dismantle the Climate Action Leadership Team that The Alaska Center, Alaska Youth For Environmental Action, numerous partners, and frontline community members worked hard to help establish under the previous administration. However, in the case of a policy that will help our state do its part to combat emissions, we agree wholeheartedly with his proposed Renewable Portfolio Standard introduced today.
What is a Renewable Portfolio Standard, or an RPS as it is commonly called? It is a policy that requires utilities to sell electricity from renewable sources by specific dates or face financial penalties.
In short, an RPS for Alaska will push our electric utilities to accelerate their trajectory away from fossil fuel power generation. It will push utilities toward wind, solar, geothermal, tidal, and hydro projects, either funded by the utility itself or purchased from a company called an Independent Power Producer.
We at The Alaska Center, through programs such as Solarize Anchorage, Solarize MatSu, and Solarize Fairbanks, have actively organized Alaskans in support of increased renewable energy. We have helped elect members to Utility Boards that support increasing renewables. An RPS is something we are confident Alaska utilities can achieve when working together.
SB 179 and HB 301, the Governor’s bills call for regulated electric utilities to achieve benchmark renewable energy goals: 20% by the end of 2025, 30% by 2030, 55% by 2035, and 80% by 2040. Numerous exemptions are designed to accommodate utilities and help them reach the goal. For instance, should a major natural disaster impact a utility’s ability to meet its renewable goal, it would grant an exemption from the non-compliance penalty.
Faced with steadily increasing natural gas prices, many utilities, pushed by their members and their boards of directors, have moved toward renewable energy. The Homer Electric Association has adopted an aggressive goal of achieving 50% renewable energy by 2025. Large batteries are being incorporated into the renewable energy strategy to help balance the variable energy inputs of renewable energy production.
The recent passage of legislation requiring the Regulatory Commission of Alaska to approve an Integrated Resource Plan for the railbelt will help guide the process of integrating an increase in renewable energy and will provide the public and utilities with a process-oriented approach to the construction of new generation facilities. This legislation will help Alaskans avoid an ad-hoc, willy-nilly scramble by individual utilities toward renewable energy projects and instead will set standards and requirements for the projects on a regional basis.
While the Governor’s bills have a long and winding road through the committee process, the fact that this policy has been introduced is a good thing.
In hope,
 The Alaska Center

\n\n[/cs_content_seo][/cs_element_layout_column][/cs_element_layout_row][/cs_element_section][cs_element_section _id=”5″ ][cs_element_layout_row _id=”6″ ][cs_element_layout_column _id=”7″ ][cs_element_button _id=”8″ ][cs_content_seo]Bills To Watch This Week\n\n[/cs_content_seo][/cs_element_layout_column][cs_element_layout_column _id=”9″ ][cs_element_button _id=”10″ ][cs_content_seo]Learn More About Bills This Session\n\n[/cs_content_seo][/cs_element_layout_column][/cs_element_layout_row][/cs_element_section][/cs_content]

State of State Predictions

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The Governor’s State of The State Address is next week (7 p.m. on Tuesday, January 25). It is sure to contain grievances about the Federal Government, excitement about mineral resource development projects in Alaska, and a dash of “Election Integrity” talk. It will maybe/probably contain a few lines about renewable energy, fisheries, Alaska’s strategic economic and military location, and “greatest resource is the people of AK” platitudes, etc., to put a bow on it.

It is becoming clear through various releases of information that the Governor is actively lying about his role in the firing of the Permanent Fund E.D. and that the firing was political retribution as Ms. Rodell did not grant the Governor’s cherished overdraw of the Permanent Fund earnings reserve money – we expect that this will not be a part of the State of the State, and hey, it might cause the Gov. to not throw jabs during the speech at the Legislature on the issue of the big PFD never being approved by lawmakers.

With the new Ranked Choice Voting law in place, the Governor is free to pick a suitable running mate and facing at least two known challenges from the far-right flank in his bid for Re-election. Dunleavy made the choice to dump Lt. Governor Kevin Meyer from the ticket despite his faithful dealings with this evolving fiasco of an administration. There is a slight, outside, chance that the Governor will say some nice things about the Lt. Governor, but we would not hold our breath. After all, the Lt. Gov has defended the 2020 election in Alaska, which the far-right know with great certainty was “stolen.”

State Medical officer Dr. Anne Zink, also ever faithful in her dealings with the Dunleavy Administration, is under attack by supporters of Dunleavy and his challenger, political nobody Rep. Chris Kurka who has the firing of Dr. Zink as part of his campaign platform. If the Governor wanted to appear that he has a backbone, he would go strong in defense of Dr. Zink in his speech. To date, his defense has been very muted and wimpy as her credibility is attacked and she is personally threatened.

While he is defending Alaskans from attack by other Alaskans (seemingly something a Governor should do), he might include in his speech an apology to the former Assistant Attorney General, Elizabeth Bakalar. She was targeted with toxic animus and threats of all varieties from far-right Dunleavy supporters after she took legal action against her illegal firing by Dunleavy. Bakalar won on most grounds in federal court this past week. The state will be on the hook for damages. The action by the administration was wrong and will cost the state. Now that the case is settled, it is time to clear the air and address the cost to the state and (former) state workers like Bakalar in the State of the State.

Federal spending on Infrastructure will cushion the reality of our state’s structural budget deficit. Federal COVID relief has and will continue to protect vulnerable Alaskans and help prop up the economy. We hope the Governor does not adopt a posture of holding his hand out while flipping the bird to the Feds with his other hand. However, this is likely, since this particular brand of complaint has been refined and reworked in speeches since statehood and before.

We anticipate that there will be few surprises and many missed opportunities in Tuesday night’s address. We remain open to the possibility of shock, reflection, reconciliation, and rejuvenation. Wouldn’t that be something?

Yours,
The Alaska Center Team

A Look to What is Looming: Legislative Update

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The second round of pre-filed bills was released today at approximately 9:32 a.m. There are not many bills compared to historical releases (in 2012, there were 27-second session, second release pre-filed bills – in 2022 there are a mere 13.) A sage observer noted that this might reflect the sense that not a lot of bills are going to move forward in the current legislative environment. It is an election year, after all, and absent a budget stalemate; our weary legislators will be eager to get out of Juneau and get on with their lives (and election campaigns if they want to remain in office).

A light schedule is taking shape for the first week of the session – though there are some points of interest to be sure. For one thing, the Legislative Budget and Audit Committee will be meeting on Martin Luther King Jr. Day to hold a hearing on the firing of the Permanent Fund Director by the Dunleavy-aligned PF Board of Trustees. Questions on rationale are outstanding, and the judgment of the Trustees and the Governor in removing an ED who oversaw the greatest increase in fund value since the inception of the fund needs to be seriously examined.

There are ominous rumblings that in addition to raiding the fund to pay out gigantic permanent fund dividends, the Dunleavy Administration wants to turn the fund itself into an in-state investment bank – an AIDEA* on steroids and growth hormones – pumped like the incredible hulk or a vengeful Nordic god to unleash a wrath of destruction and boondoggle projects across the state.
Oversight is good. Conservative theatrics around election integrity, not so much. However, theatrics are on the plate for the first week of session in Senator Mike Shower’s committee, where they will hear from an array of republican affiliated think tanks, likely teeing up another “Republicans must win every election forever or else the election was illegitimate” bill from Governor Dunleavy.
With so much BS in the world, the word “resilient” strikes a special note. It is about taking the long view, it is about bending, not breaking, caring for our communities in crisis now, and it is about HB 227 from the unflappable Rep. Calvin Schrage. HB 227 seeks to include climate resiliency improvements as eligible for financing under the new Commercial Property Assessed Clean Energy (CPACE) program. CPACE allows commercial property owners to finance clean energy and energy efficiency projects and repay the improvement loan on their property tax bills. It is an innovative program that must be adopted by ordinance in a local government, and so far, Anchorage is the first town to adopt CPACE. However, Juneau and the Mat-Su are also considering adoption.

Climate resilience is an essential consideration as we have seen a raft of disaster declarations this past month from communities impacted by winter storms. Considering what science tells us about our warming planet and its unpredictable weather, our buildings are going to need stronger roofs, fireproofing, better air conditioning, backup renewable energy, battery storage, floodwater management systems, and the list goes on. HB 227 would allow such projects to be financed under the CPACE mechanism. It is a good bill, and it will be heard in the House Energy Committee on Thursday at 10:15 a.m. The future is looking interesting this session. We hear that, as of now, the capitol is open to visitors. We will keep an eye on things and will report back every Friday.

Yours,
The Alaska Center
*AIDEA = Alaska Industrial Development and Export Authority

New Year, New Session 2022

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Happy New Year and new Legislative Session from The Alaska Center. We anticipate both opportunity and struggle in the year ahead, another year in the lifetime work of protecting and nurturing our Democracy and saving our home from the ravages of climate change.  

The 2022 legislative session will likely be consumed with election-year grandstanding antics. We already see some of this in the move by the Dunleavy Administration to remove the more or less moderate and politically seasoned Lt. Governor Kevin Meyer as a running mate – due in part to his honesty about the Division of Elections efforts in the 2021 elections and the fact that they are considered the most secure and legitimate in history.  

This runs counter to partisan lies about elections that exposed much of the Right to be in a feverish tilt toward authoritarianism. Though it likely was not the Lt. Governor’s decision to leave the ticket, it is good for his legacy that he will not be made to bow in fealty to the dangerous bullpucky of the new Right. The Governor will be introducing new election legislation soon, and we will be monitoring it closely for poison pills relating to voting rights and election subversion.  

As we recognized the one-year anniversary of the bloody insurrection of January 6, 2021, it is clear that we can never back down from the effort to halt legislation that would erode democratic norms. We all must work as if the future of the country depends on it to end the politics that ultimately seek to facilitate violence between Americans.   

The list of pre-filed legislation for the 2022 legislative session hit the streets today. You can peruse the full list here. A second pre-file release is scheduled for next Friday, January 14, ahead of the convening of the legislature on January 18. There is no special magic to a pre-filed bill though it gives the sponsor a chance to introduce and develop an argument for the idea and get it into the public sphere in the relative quiet before the start of the session.   

We look forward to communicating with you after the second pre-file regarding our analysis of those bills that The Alaska Center supports and opposes in the raft of the pre-files. Lawmakers and staff are headed to Juneau by land, sea, and air as we speak. We wish them safe passage and a healthy session.

Here is to the future.

The Alaska Center Team

PS: We are evolving our blog this year to include the Legislature and beyond. We will still be a resource for legislative updates but are inviting more voices in and will be providing more insights into the way we can all engage to defend our democracy, push for proactive climate policies and ensure Alaskans are at the decision-making table.