Natural Resources: Energy Policy

LWVAL Action Priority Level II - Monitoring occurs; action dependent on opportunity and available resources.

Click a bill to see sponsor(s), summary (including link to full text), League action and justification for that action, and progress of the bill through the legislative progress (not included on monitored-only bills). Inclusion of a bill in this list does not necessarily indicate LWVAL support. The League's position, if any, is noted under League Action & Justification.

green-right-arrow.jpgIndicates change from previous week's report such as new progress in the legislature and/or League action. These updates are in green font.

LWVAL has taken a position on these bills.

HB 125 - annual sales tax holiday, sales and use tax exemption, certain energy efficient products included

Sponsor(s): Rep. Greg Wren

Summary/Synopsis: Under existing law, certain school items and clothing are included in the annual sales tax holiday. This bill would include certain energy efficient products within the exemption from the sales and use tax during the annual sales tax holiday.
League Action & Justification: LWVAL supports HB125. This bill would help protect our natural resources and address causes of climate change by supporting the purchase of energy efficiency products, improving fuel efficiency of large trucks, and creating a staffed Legislative Energy Policy Office.

Additional notes: Conservation Alabama helped draft and supports the sales tax holiday.

Bill Progress in the Legislature:
1st Read: 1/12/10 and assigned to

HB 126 - energy efficient equipment, tax credits for residential or business application, Energy Efficiency Act

Sponsor(s): Rep. Greg Wren

Summary/Synopsis: This bill would establish income tax credits for the installation of energy efficiency equipment in residences or commercial property up to a maximum of $500 for residences and $1,000 for commercial property for an individual taxpayer.
League Action & Justification: LWVAL supports HB126.

Bill Progress in the Legislature:
1st Read: 1/12/10 and assigned to

HB 127 and SB 288 - trucks, weight limit for vehicles equipped with a functioning auxiliary power or idle reduction technology increased

Sponsor(s):
HB 127 - Rep. Greg Wren
SB 288 - Sen. Marc Keahey

Summary/Synopsis: This bill would promote reduction in fuel use and emissions from motor vehicles by allowing an additional 400-pound weight limit for vehicles equipped with a functioning auxiliary power or idle reduction technology. (companion bills)

League Action & Justification: LWVAL supports HB127 and SB 288. This bill would help protect our natural resources and address causes of climate change by supporting the purchase of energy efficiency products, improving fuel efficiency of large trucks, and creating a staffed Legislative Energy Policy Office.

Bill Progress in the Legislature:
HB 127 -
1st Read: 1/12/10 and assigned to 2nd Read: 1/14/10 and placed on the calendar pending 3rd reading Favorable from Commerce.
1/19/2010: 3rd reading and passed (91-0-0); sent to Senate and referred to2nd Read: 2/25/10. Pending 3rd read and favorable from Judiciary.

SB 288 - 1/19/2010: 1st Reading; 02/02/2010: 2nd reading and place on calendar, pending third read and favorable from 2nd Read: 2/2/10 and placed on calendar. 3rd Read: 3/3/10 and passed Senate (32-0-0) and 1st Read in House and referred to 3/9/10: SB 288 was on House Rules Committee agenda , State House Rm. 727, 30 min. before House convened (scheduled for 1:00 PM), but no action reported.
3/25/2010:  2nd read in House and placed on calendar pending 3rd read and favorable from Commerce.
4/14/2010: 3rd read passed; motion to read a 3rd time and pass adopted (98-0-0); Passed 2nd house and delivered to governor.




HB 128 - Energy Policy, Permanent Joint Legislative Committee on, established

Sponsor(s): Rep. Greg Wren

Summary/Synopsis: This bill would create the Permanent Joint Legislative Committee on Energy Policy as currently constituted pursuant to Act 2007-150, HJR 152, 2007 Regular Session. The bill would provide for the hiring of a staff and the creation of the Legislative Energy Policy Office to supervise and administer the duties of the committee pursuant to this bill.
Download original HB128. (See "Bill Progress" below for bill substitute and amendments.)

League Action & Justification: LWVAL supports HB 128. This bill would help protect our natural resources and address causes of climate change by supporting the purchase of energy efficiency products, improving fuel efficiency of large trucks, and creating a staffed Legislative Energy Policy Office. However, the League is evaluating the legislation for potential nonpartisanship of the proposed policy office. The League deems nonpartisanship as established by the LFO essential. (See further Analysis below.)

Bill Progress in the Legislature:
1st Read: 1/12/10 and assigned to
2nd Read: 1/14/10 and placed on the calendar with 1 substitute 116495-1  pending third reading and favorable from Government Appropriations.
1/19/2010: adopted with one amendment (116689-1)
Sent to the Senate and referred to
2/2/2010: 2nd reading and placed on calendar; pending 3rd reading and favorable from E&NR.
3/9/2010: 3rd read passed; Orr amendment (119900-1) offered, motion to adopt adopted (30-0-0) Motion to read 3rd time and pass adopted (30-0-0);
3/11/2010 concurrence requested; Wren motion to concur adopted (79-1-2); Concurred in Second House; sent to the governor, signature requested.

Analysis: This bill seems comparable to the Permanent Joint Committee on Water Policy and Management already established. Because these joint committees can be interim committees which meet when the legislature is not in session, they can engage in more research and interaction among all stakeholders than is possible for a regular legislative committee. This bill provides for non-legislative members, and co-chairs—a legislator and a lay person. If the official rules for joint committees are followed (reportedly some are neglected), the joint committees would operate transparently.
Increased use of permanent joint committees like these two might be a means of correcting a major weakness of the Legislature process—the lack of objective and impartial expertise on complex subjects. A major recommendation of LWVAL Legislative study was establishment of a Non-Partisan Legislative Research Office comparable to the Legislative Fiscal Office and the Legislative Reference Service. In 2005 some legislators dismissed the work of these Joint Committees (as a way to get a day’s pay outside of the session); however, the potential for increased respect exists if the committees conduct themselves so as to earn it.

SB87 - energy efficient building standards & monitoring; Energy Independence and Sustainable Construction Act

Sponsor(s) - Sen. Linda Coleman

Summary/Synopsis - State buildings and facilities, Alabama Building Commission to adopt high performance energy efficient building standards of the U. S. Green Building Council, long term monitoring to assess cost effectiveness and efficiency of green buildings, purposes and objectives stated, Energy Independence and Sustainable Construction Act. This bill would provide for the Energy Independence and Sustainable Construction Act of Alabama to promote effective energy and environmental standards for the construction and rehabilitation of state-owned buildings in Alabama. The bill would provide certain defined terms for state-funded construction of energy efficient buildings and major facility projects.
League Action & Justification: LWVAL supports SB 87. By promoting effective energy and environmental standards for the construction, rehabilitation, and maintenance of buildings in this state, this bill would improve the state's capacity to design, build, and operate high-performance buildings, create new jobs, contribute to economic growth, and increase the state's energy independence. Alabama is at the bottom of most analyses of energy efficiency, and this bill would move us in the right direction. Bill moved from monitor to support, 2/22/10.

Bill Progress in Legislature: 1st reading 01/12/2010 and assigned to

HB 80 & SB194 - Energy and Development Grants and other energy programs, commission, and grants, established.

Sponsor(s):
HB 80 -
Rep. Betty Carol Graham
SB 194 -
Sen. T. D. "Ted" Little

Summary/Synopsis: Energy, Alabama Public Interest Energy Research and Development Grants Program, established, funding for energy projects, Commission on Public Interest Energy Research and Development Grants, established, Permanent Joint Legislative Committee on Energy Policy to advise, Public Interest Energy Research and Development Grants Fund, established, appropriation.
Download original HB 80. (See Bill Progress for substitutes and amendment.)
(companion bills)

League Action and Justification: LWVAL supports HB 80 and SB 194. The research emphasizes innovative fossil fuel and bioenergy supply and end use technologies, focusing on their reliability, affordability, and environmental attributes. Solar and geothermal research does not appear to be eligible. Energy research of all kinds is needed and this bill would improve energy research funding. Bills moved from monitor to support, 2/22/10.

Bill Progress in Legislature:
HB 80 - 1st Reading 1/12/2010 and assigned to 2nd reading 1/14/10 and placed on the calendar with one substitute (116494-1) and pending 3rd read and favorable from GA. The amendment drops the conditional status of the appropriation. 1/19/2010 3rd reading and passed (90-0-0); then amendment (116766-2) offered and adopted;Sent to Senate and referred to 3/11/2010: 2nd read and placed on calendar pending 3rd read and favorable from F&T-GF with 1 amendment, F&T-GF 1st amendment (119848-2) offered [Amendment would add Chair of House Government Affairs and Chair of Senate F&T-GF to the Commission.]
4/8/2010:  F&T GF Amendment (119848-2) offered and motion to adopt adopted (25-1-1); 3rd read and motion to adopt adopted (25-1-1); Concurrence requested; Graham motion to concur and adopt adopted (95-0-0);
4/13/2010: Concurred in 2nd house and delivered to governor.

SB194 - 1st reading 1/12/2010. 2nd reading 1/14/10 and placed on calendar pending 3rd reading favorable from GA. 02/17/2010: 3rd Reading Passed Senate 27-0. 1st reading in the House and referred to the 3/11/2010: 2nd read and placed on calendar with 1 substitute (120060-1), pending 3rd read and from GA with 1 substitute [Substitute adds Chair of House Government Affairs and Chair of Senate F&T-GF to the Commission and removes conditional status of appropriation.]

HB 511 - Environmental Management Commission, member must be certified by National Ground Water Association Certification Program, licensing requirements,

Sponsor(s): Rep. Patricia Todd

Summary/Synopsis: Under existing law, there is a seven-member Environmental Management Commission which establishes an environmental management policy for the state. One member is certified by the National Water Well Association Certification Program.

This bill would provide that the member must either have been certified by the National Water Well Association Certification Program, or its successor, the National Ground Water Association, or must be a geologist licensed to practice geology by the State of Alabama or must be a certified professional hydrologist or hydrogeologist.
League Action & Justification: LWVAL supports HB 511. The Environmental Management Commission oversees the work of the Alabama Department of Environmental Management. This bill would provide that the member must either have been certified by the National Water Well Association Certification Program, or its successor, the National Ground Water Association, or must be a geologist licensed to practice geology by the State of Alabama or must be a certified professional hydrologist or hydrogeologist. This broader definition provides opportunities for a larger pool of qualified individuals from which to select commissioners.

Bill Progress in the Legislature:
1st Read: 2/9/10 and assigned to

HB 195 - Greenhouse gas emissions, state agency prohibited from adopting or enforcing a state or regional program to limit or regulate motor vehicle fuel economy or from implementing a cap and trade program without legislative authorization

Sponsor(s): Reps. H. Mac Gipson, Jr., Shiver, Morrow, Clouse, Grimes, Allen, Davis, Hammon, Hill, Lewis, Greeson, McMillan, McDaniel, Canfield, Mask, McClendon, Drake, McCutcheon, Ward, Oden, Thomas (E), McClurkin

Summary/Synopsis: This bill would prohibit a state agency from limiting or regulating greenhouse gas emissions or motor vehicle fuel economy, or from implementing a cap and trade program, without express legislative authorization.
League Action & Justification: LWVAL opposes HB 195. State agencies should have the latitude to enforce programs to limit greenhouse gas emissions. (A similar bill was passed in 1998 after U.S. did not sign the Kyoto treaty.)

Bill Progress in the Legislature:
1st Read: 1/12/10 and referred to
LWVAL is monitoring these bills.

HB 264 and SB 315 - Alabama Residential Energy Code Board changed to Alabama Energy and Residential Codes Board, Model Energy Code replaced with Alabama Energy and Residential Codes, adoption of modern building and energy codes in compliance with federal law to be implemented by counties and municipalities, board members increased, certain farm structures excluded, sprinkler systems provided for,

Sponsor(s):
HB 264 - Reps. Greg Wren, Hill, Wood, Hinshaw, Bridges, McCampbell, Grantland, Grimes, Robinson (O), Vance, Fields, Laird, Todd, Hurst, Martin, Guin, Beasley, Ford, Knight, Love, Shiver, Ison, Beck, Thomas (E), Lewis, Gaston, McMillan, Harper, Treadaway, Letson, Ward, Sanderford, McClurkin, McCutcheon, Mask, Canfield, McDaniel, Dukes, Scott, Allen, Morrow, Ball, Black, Oden, Hubbard, Williams (P), Drake, Thigpen, Taylor, McClammy, England, McClendon, Faust, McAdory, Beech, DeMarco, Williams (J), Buskey, Galliher, Davis, Spicer, Baker (A), Irons, Bentley, Coleman, Moore (P), Johnson, Boyd, Hammon, White, Curtis, Baker (L), Fincher, Gordon, Hilliard, ,

SB 315 -
Sens. Marc Keahey, Brooks, Sanford, Marsh, Mitchem, Dixon, Benefield, Barron, Denton, French, Butler, Little (Z), Ross, Smith, Means, Singleton, Waggoner, Bedford, Dunn

Summary/Synopsis: Alabama Residential Energy Code Board changed to Alabama Energy and Residential Codes Board, Model Energy Code replaced with Alabama Energy and Residential Codes, adoption of modern building and energy codes in compliance with federal law to be implemented by counties and municipalities, board members increased, certain farm structures excluded, sprinkler systems provided for,
Download original HB 264. (See Bill Progress for amendments and substitutes.)
Download original SB 315. (See Bill Progress for amendment and substitutes.)
(companion bills)

League Action & Justification: LWVAL is monitoring HB 264 and SB 315. Improving residential building codes is important for energy efficiency and for complying with Federal requirements. However, given concerns about the sprinkler exclusion, the League is monitoring the bill until this issue is resolved.

Bill Progress in the Legislature:

HB 264 -
1/14/2010: 1st reading and referred to 1/21/2010: 2nd reading and places on calendar with one substitute;
1/26/2010: 3rd reading and Commerce 1st substitute (116859-1) offered, motion to adopt adopted. 1st House Amendment (117215-1) offered and adopted, 2nd House Amendment (117238-1) offered and adopted Motion to read a 3rd time and pass adopted (102-0-1), cosponsors added, sent to Senate.
2/04/2010: 1st reading in Senate and referred to 2/25/10: 2nd reading and placed on the calendar with 1 substitute (118991-2). Pending 3rd reading, Favorable from Energy and Natural Resources with 1 substitute.
SB 315 - 2/2/10: 1st reading in Senate and referred to 2/4/10: 2nd reading and placed on the calendar with 1 substitute (117638-4).
2/9/10: Senate 1st Substitute offered and adopted. 1st amendment (118077-1) offered and adopted. Read 3rd time and passed the Senate (32-0). Sent to the House.
2/11/10: 1st reading in the House and referred to 2/23/10: 2nd reading and placed on the calendar with one substitute (118956-2) Pending 3rd reading Favorable from Commerce with 1 substitute. 3/2/2010: 3rd reading and passed; Commerce 1st substitute offered & adopted (101-0-0); motion to adopt passed (101-0-0); Concurrence requested. In Senate, Keahey motion to concur adopted (27-0-0); engrossed bill sent to Governor with request for signature.

HJR 132 - Energy codes, residential and commercial, adoption of as part of statewide building code

Sponsor(s): Rep. Greg Wren

Summary/Synopsis: Energy codes, residential and commercial, adoption of as part of statewide building code
League Action & Justification: LWVAL is monitoring HJR 132. Although only a recommendation, this resolution would give the Alabama Building Commission notice of legislator’s interest in improved building codes. The resolution states that Alabama has the highest rate of residential per capita energy usage in the United States. The recommended codes are the 2006 International Energy Conservation Code (IECC) for residential buildings and the ANSI/ASHRAE/IESNA Standard 90.1-2007 for commercial buildings, or subsequent editions, changes, or recompilations thereof, which would improve the efficiency of buildings.

Bill Progress in the Legislature: 1st Read: 1/21/10 and assigned to the

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