Category Archives: Our Children’s Trust

An OPEN Conversation On Climate Change

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If you are in the Tampa, St. Petersburg or Sarasota region, I hope that you will consider joining me this Saturday, September 14th, at the University of South Florida’s St. Petersburg campus for its OPEN (Open Partnership Education Network) Conference where I am honored to be giving a key note lecture that starts at 1:00 pm and will be followed by a panel discussion that includes myself; esteemed attorney, Dick Jacobs; my fellow plaintiff, Valholly Frank and the City of St. Petersburg’s Sustainability Coordinator, Alexandria Hancock.

OPEN and USFSP have entitled the talk Why is a wave of youth advocates using the law to take action against climate change? and I am looking forward to discussing my climate change journey, my work to increase sustainable energy solutions here in The Sunshine State and why seven Floridian children and I are suing our state, Governor and others to demand they take aggressive action to protect our climate. I hope you can join us and be part of the discussion as we search for solutions to our climate crisis.

I am particularly excited that this event is in St. Petersburg. It’s not only one of the most beautiful cities in Florida, but like South Florida, where I live, it’s also one of the most fragile. That’s why I was so encouraged in August and September of 2017 when the City of St. Pete so passionately embraced my suggestion that it enact a solar power mandate like the historic law that I worked to have implemented in South Miami. Political pressures got in the way of a law being implemented in St. Pete at that time, but it remains my hope that the “Sunshine City”, as it’s called, will consider the idea again soon.

The reason that such local laws, much less our ongoing lawsuit, are so important is because we are running out of time.

Expert scientists tell us that we have about 12 years to have an impact on our warming climate before we reach the point of no return where the damage will cost places like St. Pete and Miami dearly.

And the annual reports from Florida’s utilities tell us why we can’t rely on our “friendly” local power company to solve the problem for us. Consider that my local power company, Florida Power & Light, obtained about 1% of its energy from sustainable solutions like solar power last year. And that’s after nearly 100 years of business in a place called “The Sunshine State”.

To learn more about how hard Florida’s utilities are fighting to protect their businesses and keep us from widely implementing solar power, I hope you will read the July New York Times article entitled Florida’s Utilities Keep Homeowners From Making the Most of Solar Power included at the end of this blog.

Here’s the good news: there is HOPE. Experts predict that 50% of Florida’s energy needs can be supplied by solar power by 2045 if we just start taking the topic seriously and demand that our governments and political leaders implement and enforce the laws that are needed to make that happen. I hope you will join me in helping make that happen and discussing all of this and much more on Saturday in St. Petersburg.

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To learn more about the OPEN Conference please click here and to learn about this Saturday’s event please click here.

Florida’s Utilities Keep Homeowners From Making the Most of Solar Power

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ST. PETERSBURG, Fla. — Florida calls itself the Sunshine State. But when it comes to the use of solar power, it trails 19 states, including not-so-sunny Massachusetts, New Jersey, New York and Maryland.

Solar experts and environmentalists blame the state’s utilities.

The utilities have hindered potential rivals seeking to offer residential solar power. They have spent tens of millions of dollars on lobbying, ad campaigns and political contributions. And when homeowners purchase solar equipment, the utilities have delayed connecting the systems for months.

Solar energy is widely considered an essential part of addressing climate change by weaning the electric grid from fossil fuels. California, a clean energy trendsetter, last year became the first state to require solar power for all new homes.

But many utilities across the country have fought homeowners’ efforts to install solar panels. The industry’s trade organization, the Edison Electric Institute, has warned that the technology threatens the foundation of the power companies’ business.

In Florida, utilities make money on virtually all aspects of the electricity system — producing the power, transmitting it, selling it and delivering it. And critics say the companies have much at stake in preserving that control.

“I’ve had electric utility executives say with a straight face that we can’t have solar power in Florida because we have so many cloudy days,” said Representative Kathy Castor, a Democrat from the Tampa area. “I have watched as other states have surpassed us. I think that is largely because of the political influence of the investor-owned utilities.”

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The state’s utilities have been expanding their own production of solar power. But Florida is one of eight states that prohibit the sale of solar electricity directly to consumers unless the provider is a utility. There is also a state rule, enforced by the utilities, requiring expensive insurance policies for big solar arrays on houses.

In 2009, a measure to require a certain amount of energy to be generated from renewable sources passed the State Senate but died in the House of Representatives when the utilities fought it. Solar proponents have been unable to find legislative traction for similar measures since then.

Mayor Rick Kriseman of St. Petersburg — the site of Duke Energy’s Florida headquarters — has argued for changing the way utilities are regulated so they would embrace more energy efficiency, residential solar power and energy storage. The companies essentially see the solar-equipped homeowner as a competitor, not a customer, he said.

“If your profits are based on consumption, where’s your incentive to reduce electricity use?” Mr. Kriseman said.

Art Graham, chairman of the Florida Public Service Commission, which regulates Duke, Florida Power & Light and other investor-owned utilities, said simple economics was one reason the state had lagged in adopting renewable energy sources. Because Florida has kept electricity rates lower than those in the Northeast and California, he said, the cost savings for homeowners in switching to solar power are more limited.

But there are other obstacles. Timothy Nathan Shields is still stunned by the resistance he faced from Duke, the state’s second-largest utility, when he wanted to put solar panels on his home.

Mr. Shields, a 57-year-old retired nurse, wanted a system to cover the electricity needs of his 2,000-square-foot house in Largo, north of St. Petersburg, as well as the cost of charging his electric car. So a year ago he bought a setup twice the size of the average rooftop system from Sunrun, the leading residential solar company.

First, Mr. Shields said, a Duke representative told him that he would not benefit much from solar power because “it rains.” Then the utility told him that it wouldn’t save him any money. After he made a commitment to buy the system, Duke told him that it needed to be insured, citing its size and saying it could “harm the electric grid.”

So he bought a $1 million insurance policy costing $200 a year.

“It’s absurd,” said Brad Heavner, policy director for the California Solar and Storage Association, a trade group. “There’s no way you can justify that based on studies of the risk. I would call that an outrageous solar requirement.” He said he was not aware of such a rule in other states.

Sunrun installed Mr. Shields’s system in days. But Duke took two months to turn it on, forcing him to continue to pay electric bills of as much as $310 a month. He will pay $240 a month for the system for the next six years, when it will be paid off, plus a monthly fee of $11.57 to Duke for a grid connection.

“Every time I turned around, they would drag their feet,” Mr. Shields said. “They want you to think it’s hard and horrible and difficult.”

Randy Wheeless, a Duke spokesman, said that he regretted Mr. Shields’s experience, but that the company was simply following state requirements for larger home systems. The utility has been reducing connection times and adding as many as 750 rooftop solar customers a month, he said.

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From the state’s perspective, Mr. Graham, the chief regulator, said, “I think we definitely could do some things differently” — like revising the policy that will cost Mr. Shields as much as $6,000 in insurance premiums over the life of his system, potentially more than 30 years.

The experience of homeowners like Mr. Shields has largely been shaped by the utilities’ political spending.

From 2014 through the end of May, Florida’s four largest investor-owned utilities together spent more than $57 million on campaign contributions, according to an analysis by Integrity Florida, a nonprofit research organization, and the Energy and Policy Institute, a watchdog group. FPL, the state’s largest utility, accounted for $31 million of that total.

The utilities also hired enough lobbyists to have one for every two lawmakers in Tallahassee. From 2014 through 2017, the four companies spent $6 million on lobbying, Integrity Florida reported.

Sunrun broke through one of the barriers to rooftop solar last year when it won approval to lease solar panels to homeowners, a step subsequently taken by Vivint Solar and Tesla. But regulators stopped short of allowing solar companies to own the panels and simply sell the power directly to consumers, as they can in at least 27 states, the District of Columbia and Puerto Rico.

“There’s no solar competition happening,” said Abigail Ross Hopper, president of the Solar Energy Industries Association, a trade group.

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When it comes to the expansion of the utilities’ own solar arrays, Florida’s growth rate led the nation in the first quarter, and the state is positioned to hold that ranking for the next six years, according to the energy consulting firm Wood Mackenzie and the Solar Energy Industries Association.

Still, solar energy accounted for only 1 percent of electricity generation in Florida last year, far less than the 19 percent in California and nearly 11 percent in Vermont and Massachusetts, the association said. The state relies largely on natural gas, and several utilities get as much as a quarter of their power from coal.

A spokeswoman for Gov. Ron DeSantis defended the state’s clean energy efforts, saying in an email, “Florida’s renewable energy industry is growing rapidly.”

But solar advocates, rather than the utilities, have been the primary drivers for change at the consumer level.

An unlikely grass-roots coalition has emerged in Florida in the last five years to promote solar power — residential in particular — as environmentalists from the Southern Alliance for Clean Energy and the Sierra Club joined with groups like the Tea Party and the Christian Coalition.

While the groups’ rationales for joining the effort varied from environmental protection to a libertarian view of energy freedom, the issue united them against the utilities, which backed a ballot measure in 2016 to impose more fees on solar users and keep solar companies other than utilities out of the state.

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Although the utilities spent more than $20 million on the campaign, the measure was defeated. And the next year, the grass-roots effort persuaded lawmakers to exempt up to 80 percent of the value of solar installations from property taxes. It seemed a great victory for consumers — but the utilities also benefited, because it eased their tax burden on dozens or even hundreds of acres of solar farms.

“I would say that none of Florida’s utilities are enthusiastic about their customers’ deploying solar,” said Stephen Smith, executive director of the Southern Alliance for Clean Energy. “I am not surprised at the horror stories.”

FPL points to its role in a particular bet on a solar future: Babcock Ranch, developed near Fort Myers by a company that extols it as the nation’s first sustainable town. The power company built a solar farm that largely supplies the town’s energy needs.

FPL announced four similarly sized projects in April, and Duke says it is also building farms that size.

“FPL has been working for many years to advance solar energy while keeping customer bills low,” said Mark Bubriski, a company spokesman. The utility said it plans to add enough solar capacity to power about 1.5 million homes and provide 20 percent of its total generation by 2030.

During legislative hearings in Tallahassee, Syd Kitson, the developer of Babcock Ranch, which will include 20,000 homes when fully developed, proposed building a town that could showcase the benefits of solar power.

“I’m an environmentalist who is a developer,” Mr. Kitson said. “It is the Sunshine State, so it made a lot of sense to us.”

But solar proponents feel the utilities need to be pushed further.

Scott McIntyre, chief executive of Solar Energy Management, a statewide leader in commercial solar power based in St. Petersburg, said the gains the state appeared to be making were little more than a facade.

“Florida is not going to do any type of energy policy that benefits consumers, not for a long time,” Mr. McIntyre said. “They just keep making the hurdles higher and higher.”

Sleight of Hand: Florida’s Magician Governor Rick Scott

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I love a good magic show and have been fooled by some of the best. When street magician extraordinaire David Blaine made ¾ of a deck of cards disappear in front of my eyes just prior his show here in Miami last year, I was stunned. By any measure, David is an amazing artist and makes his craft look, well, like real magic.

But as wonderful as he is, you know that he’s an expert at deception, at sleight of hand, of making uncomfortable, often impossible things appear normal. Right before your eyes.

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The longer I follow Florida’s Governor Rick Scott the more I become convinced that he’s also a world class necromancer, a magician of sorts (apologies to real magicians). In fact, David Blaine has nothing on our Governor and if you were to wonder why I think this, you need only to consider a few of the tricks he’s pulled on Floridians and our environment in recent years.

Alakazam: Making “Climate Change” Disappear

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Houdini would blush at how Governor Rick Scott made our climate crisis and phrases like “climate change”, “sea level rise” and “global warming” disappear from state records and reports during his terms in office as was widely reported in the media and press (click here to learn more).

Rather than deal with the issue in a direct, decent way, the Governor has insisted that those who work for him should avoid using these terms and others as if the problem does not exist. You can learn more about his tricks and even see him perform by watching the short video produced by Ahead of the Tide entitled Chapter Three: The Political Climate.

The Amazing Power Plant Vote Vanish

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Conjurer, I mean Governor, Scott pulled an especially big rabbit out of his hat in Broward County last month by making a long-expected vote in support of a gigantic new power plant disappear. Scott’s largest corporate donor (giving a reported $ 500,000 to his U.S. Senate campaign), Next Era Energy’s Florida Power & Light (FPL) plans to build the new power plant in Dania, a facility it describes as world class. Unfortunately, we’ve also learned that the planned “Dania Beach Clean Energy Center” plant will produce a “net increase from some pollutants”.

The Governor did not, of course, use his magic to require his friends at FPL make the pollution disappear. Doing that would have been rude considering the price they’ve paid ($ 500,000) for tickets to his “show”.

No, what he did was postpone the long-planned September 11th hearing to approve the plant until after the upcoming election, likely deciding it better that news of the plant, its vote, his support and especially the news that it will actually increase pollution disappear until after the polls close. It’s like watching that age-old trick where the magician asks you to find where the ball is hidden under a set of cups, reliant upon the notion that the hand is quicker than the eye.

Florida’s Climate Change Litigation Levitation

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And that leads me to this week’s long planned legal Hearing in Tallahassee for the climate change lawsuit that seven other Florida children and I have brought against the State, our Governor and others. We filed our case (Reynolds v. State of Florida) in April (you can read about it here).

Late Monday, just three days before the October 4th Hearing and many months after the Judge was assigned the case, Judge Cooper announced that he was recusing himself due to a conflict of interest, turning the case back over to the Chief Justice and, thus, requiring that a new Judge and Hearing date be set. You can read about the Judge’s recent decision in the article from Politico below:

Key hearing in climate change lawsuit delayed after judge steps aside

By Bruce Ritchie

10/01/2018 05:49 PM EDT

A state judge today removed himself from a lawsuit challenging Florida’s inaction on climate change, indefinitely delaying a key hearing that had been scheduled for Thursday.

Circuit Court Judge John C. Cooper, in an order recusing himself from the case, said he had a conflict of interest and asked the chief judge to assign one of his colleagues to the matter.

Cooper provided no details about led to the decision and did not respond to requests for comment. He had scheduled the Thursday hearing to consider the state’s motion to dismiss the case.

The lawsuit, filed in April, alleges state officials ignored a constitutional policy requiring Florida “to conserve and protect its natural resources and scenic beauty.”

Briefs filed in July on behalf of Gov. Rick Scott several state agencies argue the state constitution is not self-executing and that the court is being asked to involve itself in policy decisions and executive branch functions.

The lawsuit was filed by eight Florida residents ranging in age from 10 to 20 and is supported by the Oregon-based nonprofit Our Children’s Trust, which has been involved in similar lawsuits in other states.

A copy of Cooper’s request can be viewed by clicking here.

 

 

The immediate reaction by many was to ask whether the Governor and politics have played a role in this surprise news just days before the Hearing. Lawyers tell me this type of decision this close to a planned Hearing is unusual but not unprecedented. And, of course, there is supposed to be a separation between our Executive and Judicial branches of government but the recent Supreme Court deliberations in Washington illustrate that that politics and the courts interact in strange and mysterious ways.

Whether the Governor performed some sort of sleight of hand to not face our concerns (and us) just before the election, I can’t say, but as a well-known climate change denier and someone who has spent two terms avoiding the topic he’s likely not unhappy with the news. Having to publicly answer tough questions about his total lack of action on an issue impacting millions of Floridians, one that local communities are already spending hundreds of millions of dollars on to mitigate could and should hurt his chances on November 6th, so the postponement could be seen as welcome news the same way delaying the polluting power plant vote might help.

Political hocus pocus?

Perhaps.

But you can rest assured that our Hearing will be rescheduled and that we will have our day, likely many days, in Court. My young friends and I are resilient, we will NEVER give up until we solve the climate crisis and our society shifts to sustainable energy solutions. Doing that will not require magic but hard work and perseverance to break through established politics and special interests.

Until then, please keep in mind that the real magic this Fall takes place in the voting booth where the Governor can be made to vanish from office and, I hope, disappear from politics all together faster than you can say Sim Sala Bim. The magic wand to make that happen is in your hands and appears on November 6th. I sure hope you use it wisely. Florida’s future depends on it.

Step Aside, It’s Our Turn to Fix What’s Wrong

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“I haven’t seen a movement like this, period,” Broward Schools Superintendent Robert Runcie, whose district includes Parkland, said last week after an estimated 1 million U.S. students walked out of class. “I think it can be a critical turning point in the politics of this country.”

Some say that the children that are speaking up and out are too young to voice their views, but I beg to differ.

My friends and I, my peers, youth all over the world are connected to one another, literally wired to one another, like has never been possible in all of history.

The only world we know is a wired one and within it we have a world of information, of answers, in our pockets. We’ve grown up accessing information and connecting with one another at the speed of light our entire lives. And when we have questions, or want something, you might have noticed that we are not particularly patient. And that’s especially true when it’s something that common sense tells us needs to get fixed. We are the most informed generation in history and we have the tools to make transformational change at our fingertips.

When our parents and grandparents fiddle with their own phones and tablets and computers to the point of frustration, it’s us, their children and grandchildren, that you turn to and ask us to fix whatever’s wrong. We are the fixers you’ve been turning to since we were young and we’ve not let you down yet.

And now the time has come for young people all over the world to fix the messes we see and sense all around us. Those problems that adults before us created or keep overlooking as they tolerate the pollution, murder, apathy and something, that for some reason they call a political ‘system’, that permeates our society.

“The power of the youth has been displayed,” said Minisee, the Youth EMPOWER organizer, “and we are going to be reckoned with.”

I am incredibly inspired by the Marjory Stoneman Douglas students from Parkland, their strength, their will and their passion. We can agree that it’s unconscionable that you had to be placed in this position in the first place but you are well armed, yes armed, to change the world. And you are already making a breathtaking difference and are political forces setting an example for our generation to run over any and every one who stands in our way of fixing what’s broken here in the United States. I proudly stand with the MSD children and children all over our country and the world who demand sensible gun laws including a ban on automatic weapons and devices that turn ‘semi’ automatic into automatic machine guns. It’s just common sense to outlaw these weapons of war.

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Likewise, I am inspired by the young people all over America that comprise Our Children’s Trust, kids that are taking on our state and federal governments in court by suing them to demand that they protect our environment for future generations. The fact that we must wage such a legal fight is unfortunate but it’s a fight that we will gladly spend our lifetimes fighting so as to fix what’s broken. Carbon from fossil fuels has no place in our environment and eliminating it while fighting the global climate crisis is the biggest challenge that my generation will ever face but it is one we must and will overcome. Yes today’s youth will fix our climate crisis and we will not allow anyone to stand in our way.

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To consider how truly different things are today, how kids in my generation will not settle for ‘politics as usual’ I hope that you will please consider reading an excellent article by David Smiley entitled Youths Mobilize for Change After Parkland that can be found here.

Please also consider sitting down and having an ‘adult’ conversation with your children or grandchildren about their thoughts on gun violence, the need for an automatic weapons ban or the fact that we must stop pumping fossil fuel pollution into our oceans and atmosphere and shift to sustainable energy such as solar before it’s too late. You might be surprised by how engaged and enraged we are over the fact that these issues exist as well as how committed we are to fixing them.

And speaking of fixing things, please consider supporting your children and grandchildren by voting with them or, for those too young to vote, by voting for them, and for their future. I would hope that today’s adults will step up and set their bias aside by applying common sense to fixing things while they are still ‘in charge’ but in the event you choose not to help then I promise you that my generation will do it ourselves.

Don’t believe me?

Just watch how quickly we elect new leaders that truly support common sense solutions or how fast we move to enact the laws we need to fix what’s broken.

My connected, compassionate friends and I, are ready to fix things, and this time I’m not talking about helping you with installing your latest phone update. No, this time I am talking about fixing what’s wrong in our world. So either help us or step aside because our time, my generation’s time, has arrived.

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