POLITICS AND CONSERVATION

January 19, 2007
Lower Colorado River Authority
Austin, Texas

Colin Leyden, executive director of the [c][3] Texas League of Conservation Voters Education Fund (www.tlcv.org), its 501[c][4] arm, and its Political Action Committee, spoke about the connections between Texas electoral politics and conservation.  As he explained, his [c][3] works to educate voters, improve cooperation among non-profit groups, and foster grassroots work for conservation.  Since TEGG often hears about [c][3] activities, Mr. Leyden chose to talk more here about the League's [c][4] and PAC activities.

The [c][4] is a non-partisan advocacy group that works to protect environmental quality by improving accountability for our elected officials, by electing favorable officials, keeping them in office, and assuring that they vote in the environmental manner that they promised in their campaigns.  The [c][4] ensures that there is accountability in several ways: 

1) through compiling and distributing a "Scorecard" that shows how officials have voted on environmentally important issues;

2) by endorsing candidates who are favorable to the environment, who are running for a seat held by a environmentally hostile official, and who have a good chance of winning;

3) via framing issues in cities and counties that help distinguish environmental problems that are in play, and that help good candidates speak to the public, the media, and funders; and

4) by maintaining a full-time lobbying presence at the Capitol to monitor the Legislature, and ensure that officials vote in responsible ways.

The League's Political Action Committee works to press the political system toward better conservation work in other ways.  Its chief goal is to raise money to elect friends of the environment, and defeat opponents.  The PAC uses its money in two ways:  primarily for third-party advertising, and secondarily, as direct gifts to candidates.

The League has been quite successful.  In the 2006 races, the PAC raised $100,000 to intervene in 8 critical contests, where it helped reinstall 2 friendly incumbents, and assisted in the election of 4 candidates in 6 contested races.  During these races, Mr. Leyden saw several environmental themes as being important:

1) Funding for Texas Parks and Wildlife;

2) Governor Perry's executive order to fast-track permit review of the power plants, came into play in two cases:

a) when Rep. Chris Bell used some of his last remaining dollars to air a TV ad in major markets to challenge Perry's support of these plants, and

b) again when Allen Vought upset Dallas incumbent Bill Keffer, who had an 8% environmental voting record, and most critically, had voted against renewable energy;

3) Air toxics, which became a critical issue that undermined Houston Rep. Martha Wong's reelection campaign, since she had voted five times against air pollution regulation, and was labeled one of the "Toxic 20" by the Houston Chronicle;

Mr. Leyden asked Texas EGG what they thought were the main motivations for elected representatives.  He felt that they were getting elected, and in turn, getting reelected.  Often their chief goals and knowledge don't stray over too far into the esoterica of particular political issues. For that, they rely on lobbyists, in a tie of personal relationships and information exchange.  For example, much of the state's stance on air pollution regulation rests on the advice given by TXU lobbyists.

Given that the League's money is small-scale in comparison with the industrial lobby's, he said that it was important that it be "smart money", in other words, given in three ways:

1) In significant amounts;

2) With strings attached; and

3) Bundled from a large number of voters

The League of Conservation Voters does have an advantage over industry in that last respect - the number of voters.  So, Mr. Leyden feels that it is key to ensure that conservation group members come out to vote, and vote on the environmental issues that they care about.  Towards that, the League has been pressing forward with a "list enhancement" effort, to pair voting records with NGO member lists.  It has been hard to get some groups to release their lists for enhancement, for fear that their donors and volunteers might be poached by other conservation groups.  Nevertheless, Mr. Leyden envisions a time when these lists would allow NGOs to energize 1 million conservationists to learn about and speak out about their local issues, and to then vote for the officials who would truly represent them.

Mr. Leyden closed by noting how difficult it is to discuss morals and values, and to eventually pick sides, but he pointed out that many of our conservation issues boil down to political ones that are unavoidably partisan.

Special Presentations - Conservation and Politics - Legislative Aspects

Luke Metzger, the executive director of Environment Texas, spoke next.  Environment Texas (www.environmenttexas.org) is the new home for the conservation work of the Texas chapter of the Public Interest Research Group (www.texpirg.org), which will continue to exist, but focus more on consumer and democracy issues.  Environment Texas has both a [c][3] and [c][4] side, allowing it to work in both educational and political realms.

Environment Texas focuses mostly on state issues, but Mr. Metzger did have a few remarks about the federal HR 6, which would redirect billions in subsidies from fossil fuels to renewable energy.   He was pleased that the Texas Democratic delegation all voted for it, despite the conservative flavor to Texas Democrats, and the strong presence of the oil and gas industry in their home districts.  Given that Texas' Democrats in Congress are an important and large swing vote in Democratic circles, this is good news for future conservation votes at the federal level.  Outside of purely Texas politics, Mr. Metzger was also excited by recent news that Speaker Pelosi has created a Special Select Committee on Global Warming, to be headed by Ed Markey (D-MA).

On the state level, Mr. Metzger sees a slow but encouraging evolution of attention to environmental issues.  In the gubernatorial race of 2003, between Perry and Sanchez, environmental issues had no profile at all. But, in the 2006 race for Governor, environmental issues, such as TPW's funding and the fast-tracking of coal plants, drew strong attention.  Looking back to the Session of 2005, Mr. Metzger was pleased to see the successful doubling of the renewable energy mandate for the state, which resulted in Texas recently passing California as a home to wind power.  Finally, Mr. Metzger was glad to see that the race for Speaker in the House, though ultimately won by Craddick, was tight and may have chastened Mr. Craddick somewhat.  Over in the Senate, he sees good news in that the chair of the Senate Natural Resource Committee is Kip Waveret (R-Waco), who will be replacing the much less sympathetic Ken Armbrister.

Mr. Metzger went on to list the challenges that still remain for conservation efforts amid Texas politics. 

First, he sees campaign dollars and lobbying pressure flowing out of industries with special interests before the Legislature.  These contributions affect procedural measures and committee appointments that can have a major impact on the outcome of the bills pending in the Legislature. 

He also sees a significant controversy brewing over Texas energy policy, initiated by the fast-tracking of permit review for 19 coal plant proposals.  A resolution will be presented in hearings to be held in late February asking for a moratorium on the fast-track process, over concerns of due process violations, and an exclusion of scientist review and public input.  While this resolution would be nonbinding, it is intended to pass quickly and send a message of concern to the Texas Commission on Environmental Quality, which is reviewing the coal plant applications.

Mr. Metzger believes that much of the pressure for fast-tracking comes out of a prediction by the Electric Reliability Council of Texas (ERCOT) that the state will face energy shortfalls and blackouts by 2008 due to growth in the state's demand outstripping electricity supplies.  Ironically, the coal plants that are being fast-tracked still would not come on-line until well after these predicted energy supply shortfalls.  Rep. Phil King (R-Weatherford), a close ally of Speaker Craddick, supports the fast-tracking, but is also introducing an Omnibus Energy Efficiency bill based on estimates that efficiency improvements could reduce energy demand by 10-50%, quickly and cheaply.  The bill would include upgrades to building codes, refinements in always-on appliances, such as DVDs, and improvements to white goods, such as refrigerators. 

Mr. Metzger also sees promise in solar power, since Texas combines the greatest acreage, highest solar intensity and the biggest number of cloud-free days among the 50 states.  With 100,000 houses built per year in the state, solar costs could be halved if wiring for panels were put in place first, for roof modules to be installed later.  A $500 million fund to provide retail Texas customers with a solar rebate could be very helpful here, though only a small portion of the $3 billion fund that California has put toward this same effort.  California estimates that this $3 billion investment in 1 million solar roofs will pay off well, with a $10 billion savings in avoided transmission lines and peaking plants, and powerful leverage from matching private homeowner investment. 

State park funding is another high-profile political issue.  Representative Hildebrand (R-Kerrville) has introduced HB 6 to raise the sporting goods tax cap, and release $90 million in annual funding to Texas Parks and Wildlife.  Although the bill has  71 co-sponsors (94 at this writing) and support from Speaker Craddick in the House, the Governor is backpedaling, Lt. Governor Dewhurst is resisting, and key free-market senators are opposed (such as Senator Ogen, R-Bryan) so the outcome is still uncertain.  In addition, a new parks issue has come into play:  as more money for Texas Parks and Wildlife has seemed to come closer to reality, some of the TPW's assets have become attractive to other agencies that hope to take the assets along with dedicated funding.  For example, the Texas Historic Commission is interested in pulling in the historic sites that TPW currently manages.

There is also a new effort this Session to get cleaner cars on the market in Texas.  Rep. Strama (D-Austin) and Senator Ellis (D-Houston) are pressing for adoption of the tighter efficiency and air pollution standards that apply in California and 30 other states.  The legislators believe that this will be good for nitrogen oxide emissions and smog problems, and could lead to a 30% decline in CO2 emissions, since cars are responsible for up to half of the carbon dioxide released in the state.  Interestingly, the Houston Chamber of Commerce and the Houston Chronicle support this bill, though Rep. Bonnen (R-Angleton) is opposed.  Mr. Metzger hopes that there will be a record vote on this bill, to help the public follow the issue and understand their representatives' views.

In the effort to mitigate global warming, Senator Ellis has filed SB 32 which would place a cap on CO2 emissions in Texas, much like that in California.  Mr. Metzger sees little chance of this bill progressing, but sees some interesting changes elsewhere in the Legislature, such as with Senator Warren Chisum (R-Pampa), who is pushing a bill to give title to sequestered CO2 from coal plants to the state, suggesting there is some recognition of the pressure to address climate change.

Some of these political issues come down to personal questions that have little to do with the substance.  For instance, in the State Senate, a 2/3 rule prevails, allowing 11 to block a bill (as happened in 2005 when the regulatory takings bill died).  During this term, though, Senator Gallegos is awaiting a liver transplant, and may have to miss votes that would otherwise have allowed a successful block to bad legislation.  Also, Lt. Governor Dewhurt is evidently planning a run at the Governor's office, and might want to appeal to the more right-wing part of the Republican Party by voting in a more conservative way than he might have otherwise.  Likewise, Governor Perry may seek to appease more extreme parts of his base as he seeks the Vice President's office in 2008.

Unfortunately, many of these moves and trends are unseen, because the House and Senate persists in holding many non-record votes, so that officials leave no trace.  In fact, there were no environmental votes in the Senate during the 2005 Session that were on the record.

Special Presentations:  Question and Answers

In a question about what the future might hold for freshwater inflow protections in the Capitol, Mr. Leyden said that no bill had yet been filed, but evidently Lt. Gov. Dewhurt's position is strongest.

It was noted that a number of Representatives seem to split their positions.  For instance, Rep. Hildebrand who simultaneously is both a staunch supporter of increased park funding, and also an opponent of pollution regulation.

A question arose about what the status of the shift of historic sites from TPW to the Texas Historic Commission might be.  Mr. Metzger said that this shift is still "alive", though non-profits and politicians seem focused on first getting adequate funding for TPW before dealing with the proposed historic site transfer.

There was interest in what the current situation was with efforts to introduce a regulatory takings bill.  Luke Metzger said that it wasn't clear yet, but Robby Cook (D-Eagle Lake) had not yet filed one.

There was frustration that Governor Perry managed to get reelected with only 36% of the vote, and wondered if green voters' influence might get split among legislation, as it did among Perry's opponents in the election.  Mr. Leyden thought that the 2006 campaign was exceptional, and that that level of division was not likely to be seen again.  He also felt that the Republicans have their own defectors, as some right-wing votes go towards the Libertarian camp.

A question was raised about the fate of the Trans Texas Corridor.  Colin Leyden sees this as a big issue in 2007, drawing opposition even from some Republicans, since many legislators are offended by the surreptitious parts of the Corridor measure that were slipped into a large omnibus bill, including the non-compete clause.  Luke Metzger agreed that there was Republican dissatisfaction, and pointed to Senator John Carona (R-Dallas) and his effort to remove the chair of the Texas Department of Transportation over support for toll roads.  Mr. Leyden added that he was uncertain how fast the Corridor project was now moving, and whether land condemnation had yet begun.

Speaking of condemnation, Mr. Leyden noted that one possible Achilles' heel exist for the fast-tracked coal plant proposal - the requirement for additional railroad routes to bring coal in from Wyoming and Montana.  These new routes would require condemnation of right-of-way, and could stir a storm of protest.

A query was posed about whether there were any efforts to develop the current grassroots support for more funding at TPW into a more long-term conservation movement.  Colin Leyden said that the conservation "Holy Grail" was to unite the hook-and-bullet constituency with the environmental supporters.  Mr. Leyden gave the Coastal Conservation Alliance as an example of the potential with TPW supporters - while CCA members were largely Republican, they could be brought into the conservation fold on freshwater inflow issues.

Luke Metzger felt that there was a larger political issue building based on the Texas Tech study that indicated that the state needs 1.4 million additional acres protected to deal with population growth and sprawl, an amount far in excess of what can be funded with the annual $90 million sporting goods tax.

It was pointed out that the American Farmland Trust is working on new funding and land protection strategies under the PDR, or Purchaseable Development Rights, program.  As well, there are helpful arguments in the Texas A&M study on land fragmentation.

It was noted that land conservation issues were even arising in the Panhandle, where many ranchers have become sensitized recently to the change in culture and landscape following the breakup of historic ranches.

Despite the studies and political support, Mr. Metzger saw little chance for Legislative funding of the Purchaseable Development Rights program during the 2007 Session.