Defender Now that the 2015-‘16 legislative session has ended, it’s time to reflect on how THe environment fared in the state Legislature.
Spring 2016 join us:
While
it’s easy to focus on all the bad proposals offered and the hard-fought battles over what should be commonsense protections, it’s worth remembering how much has been accomplished thanks to the hard work and advocacy by Clean Wisconsin, our partners and our members.
The good
Microbeads ban signed into law
Wisconsin was the seventh state in the nation to pass a law phasing out the manufacture and sale of personal care products containing microbeads, small pieces of plastic added to products like body scrubs and toothpastes. These tiny particles end up in our Great Lakes and waterways where they can threaten ecosystem health and human health. Clean Wisconsin led the efforts in Wisconsin by bringing our scientific knowledge of emerging environmental issues and our policy experience to pass this bill. The multitude of state microbead bans ultimately led the federal government to enact a nationwide ban in late December.
Attempts to roll back groundwater protections fail again For the second session in a row, one of the last actions the Legislature took was to essentially kill a bill that would have rolled back protections for our groundwater resources from the impacts of high-capacity wells. With high-capacity wells causing lakes, rivers and streams to dry up in some areas of the state, this bill would have given “forever” permits for groundwater use to a small group of agricultural interests at the expense of the public’s right to adequate water. While we are pleased that groundwater protections weren’t rolled back further, we are extremely disappointed that the Legislature failed to act on any comprehensive efforts to solve this ongoing water problem, leaving no recourse but continued lawsuits to protect our water rights. We also expect groundwater will be a top focus for the next legislative session.
continued on page 4
Clean Power Plan
TIME TO MOVE FORWARD
Clean Wisconsin 634 W. Main St., #300 Madison, WI 53703-2500
Nonprofit Org U.S. Postage PAID Permit No. 1291 Madison, WI
Despite challenges, state should be move ahead with planning By Tyson Cook, Katie Nekola, and Keith Reopelle
In the last Defender, we reported that the D.C. Circuit Court had decided not to stop the Clean Power Plan (CPP) from moving forward (a stay) while it considered the lawsuits challenging the rule. Since then, industries and some states, including Wisconsin, petitioned the U.S. Supreme Court for a stay of the rule until all legal challenges were resolved. In an unprecedented and highly unusual move, the Supreme Court overturned the circuit court ruling and granted the stay. Subsequently, Go. Walker issued an Executive Order prohibiting state employees from doing any compliance planning work related to the Clean Power Plan. Under the EPA rule, states were required to submit plans for
Also in this issue
continued on page 8
Community Solar | Kewaunee Update | Speaking Up for the Great Lakes
&Events
News, Notes THE VALUE OF PLANNED GIVING
It is a hard thought to ponder our own mortality and that someday we will not be around to make a difference in all the causes that we hold dear in our lifetimes. It is also another thing to want to make this world a better place for the future generations who follow us. We all want to leave the earth in better shape than we found it. There is a very simple, easy way to enure that our voices continue to be heard and our wishes are looked after, even after we pass. Legacy gifts make an incredible impact to our projects and programs here at Clean Wisconsin. Last month, a longtime donor of ours, Mr. John Will, passed away and left Clean Wisconsin as a beneficiary of his retirement plan. He decided that our work was so important to him that he wanted to ensure that he could sustain our work after his passing. If you, like Mr. Will, care about Wisconsin, our air, our water and our natural heritage, please consider becoming a member of our Legacy Society. There are many ways to do this, but the easiest way to accomplish this is to simply name Clean Wisconsin as a beneficiary of your will, retirement plan or estate. It really is quite simple. For more information on how to add Clean Wisconsin to your estate plans, contact Angela Cao at acao@cleanwisconsin.org or 608-251-7020 x17.
634 W. Main St., #300 • Madison WI 53703 Phone: 608-251-7020 www.cleanwisconsin.org
Clean Wisconsin protects and preserves Wisconsin’s clean water, air and natural heritage. On behalf of our more than 30,000 members, supporters and coalition partners, we have been your leading voice for Wisconsin’s environment since 1970.
STAFF President & CEO Mark Redsten Development Director Angela Cao Director of Science & Research Tyson Cook Chief Financial Officer Nick Curran, CPA Development Associate Jonathan Drewsen Organizing Hub Co-Director Melissa Gavin Water Quality Specialist Scott Laeser Staff Scientist Paul Mathewson
Earth Day Open House
Water Resources Specialist Ezra Meyer
Thursday, April 21, 4-7 p.m. Clean Wisconsin’s Board of Directors invites you to celebrate our accomplishments and learn how you can be a voice for Wisconsin’s environment in the next year! Join us to: • Chat with Clean Wisconsin’s experts about our 2016 priorities • Discuss the state of Wisconsin’s environment with friends and fellow supporters • Enjoy complimentary drinks and appetizers
634 W. Main St. #300, Madison RSVP TO JON at EVENTS@CLEANWISCONSIN.ORG
2
Staff Attorney & Climate Resilience Project Manager Pam Ritger Senior Policy Director Keith Reopelle Grant & Foundations Manager Ella Schwierske Midwest Clean Energy Coordinator Sarah Shanahan Communications & Marketing Director Amanda Wegner
BOARD
• Join our Action Network at cleanwisconsin.org • Watch legislative floor sessions, committee hearings and interviews at wisconsineye.org • Sign up to receive notifications about action on bills you care about at http://notify.legis.state.wi.us • Learn more about your legislators using the interactive map at http://maps.legis.wisconsin.gov/
The Defender is owned and published quarterly by Clean Wisconsin 634 W. Main St., #300, Madison, WI 53703 608-251-7020, info@cleanwisconsin.org A one-year subscription membership is $40. Please direct correspondence to the address above. Volume 46, No. 2 Issue date: April 2016 ©2016 Clean Wisconsin. All rights reserved. ISSN # 1549-8107
General Counsel Katie Nekola
Senior Staff Attorney Elizabeth Wheeler
Clean Wisconsin is a proud member of Stay informed on what’s happening in our state government
Director, Programs & Gov’t Relations Amber Meyer Smith
Chair Liz Feder, Madison Vice Chair Karen Knetter, Madison Secretary Glenn Reinl, Madison Treasurer Gof Thomson, New Glarus Past Chair Carl Sinderbrand, Middleton Belle Bergner, Milwaukee Shari Eggleson, Washburn Elizabeth Feder, Madison Gary Goyke, Madison Andrew Hoyos, Edgerton Mark McGuire, Madison Arun Soni, Madison Board Emeritus Kate Gordon, San Francisco Board Emeritus Chuck McGinnis, Middleton
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Spring 2016
from the President & CEO
FAILURE TO
PERFORM
Pushing EPA to clean up toxic air pollution By Katie Nekola, General Counsel
Last month, Clean Wisconsin filed a lawsuit against the EPA for its failure to perform its duty under the Clean Air Act. Specifically, EPA is required to enact standards (or determine that it is not necessary to enact standards) for sources that emit pollutants classified as known, probable or possible human carcinogens. Additionally, EPA is required to conduct a review for various source categories to determine whether new developments in processes and control technologies could better protect public health from toxic air emissions. EPA is required to review and implement these standards every eight years, but has not done so since 2002. Performing this Major sources of air toxics in Wisconsin include leather overdue rulemaking finishing operations, surface could result in real coating operations, coke ovens, environmental health foundries, taconite ore processing and other metal-coating improvements in facilities. There are at least 35 facilities in Wisconsin that fall Wisconsin. under these categories, and many Clean Wisconsin members live near them. For example, we have over 200 members who live in the same North Milwaukee ZIP code as a particular leather tannery, and several of those members live within two to three blocks of the plant. Leather-finishing operations apply coatings to leather products and release hazardous air pollutants into the outdoor air, including glycol ethers, toluene and xylene. When inhaled, these toxins can cause serious health effects, such as neurological harm, respiratory problems and effects on the central nervous system. Citizens can sue EPA in federal district court when the agency fails to perform a mandatory duty, and a court can order the agency to complete the overdue action by a firm deadline. Forcing EPA to do its job and address toxic air pollution is important. In the most recent air toxics strategy report, EPA acknowledged that 13.8 million Americans still face an unacceptably high cancer risk from toxic air pollution sources. Performing this overdue rulemaking could result in real environmental health improvements in Wisconsin. In past similar rulemakings, when EPA has been compelled to perform its legal obligations, it has strengthened monitoring, testing and reporting requirements; removed unlawful exemptions; set new emission standards for currently uncontrolled emission points or unregulated toxics; set more stringent standards based on new technology or health risks; and released information to the public about the health risks associated with emissions from sources in their vicinity. These measures save lives. As a result of lawsuit, EPA may negotiate a schedule for timely completion of this rulemaking without further litigation, or it may not. In other actions such as this, EPA has not disputed that it has a statutory duty to enact these standards or that they have failed to do so; the only question is how quickly the agency can reasonably be expected to perform its duties. As of this writing, we are waiting for EPA’s response.
Clean Wisconsin has been in the news a lot lately, commenting on environmental protections that have been in place in Wisconsin for generations and were targeted for change in the last legislative session. We worked overtime to ensure those protections for our water and air remained intact, but unfortunately we were not able to stop everything. In Wisconsin, where we are defined by our many lakes, rivers and streams, and our Mark Redsten beautiful natural landscape, it’s hard to President & CEO imagine that our elected leaders would put our health and natural heritage in jeopardy for the benefit of a few. Along with troubling legislative changes to our environmental laws, the willingness to do only what’s minimally expected for environmental protection is another very disturbing trend. Because of continued negative feedback and pressure from some politicians, there seems to be a never-ending push to streamline DNR activities. While prudent streamlining that serves the core mission of an agency like DNR is always welcome, it cannot come at the cost of clean water, breathable air and peoples’ health and wellbeing. In this day and age, as we learn more and more about what is making its way into our water and air, we should be even more careful, not less, to ensure the health of our environment and the health of our people are protected. Take drinking water, for instance. As we continue our work at Clean Wisconsin, we’ve seen the link between environmental health and public health intensify. We’re finding clear connections between the things we use in our daily lives — chemicals, pesticides, fertilizers, road salts, heavy metals, pharmaceuticals — and the negative health effects of Wisconsin residents. And as Flint, Mich., continues to be in the spotlight, we are noticing that Wisconsin has its own Flint-like situations that go unnoticed while people silently suffer. With all we are learning, we should do more as a state to protect our water and air as a means of protecting public health. We should be more scrupulous and concerned with what enters our water and air and how it gets there. Yet the state has gone in the opposite direction: Our elected and appointed leaders have chosen to value limited oversight over due diligence, and “good customer service” over health and safety. The environmental protections that have safeguarded the health of Wisconsinites for decades are slowly eroding. It doesn’t have to be like this. We can work for a strong and viable economy and do so in a way that supports public health and our state’s natural heritage. In fact, when we look at public health and environmental sustainability as important assets, our approach to achieving a robust economy changes. A clean and vibrant environment sustains a healthy populace that contributes to a burgeoning marketplace. At Clean Wisconsin, we are a leading voice in protecting a vibrant natural heritage that sustains healthy communities and a strong economy. Likewise, our state government needs to approach the environment as a vital component in growing the economy and protecting its people. When that happens, we will all win.
Thank you,
Thank you to everyone who supported Clean Wisconsin in the 2016 Big Share on March 1.
Together, we raised
$11,933!
Be a voice
www.cleanwisconsin.org 3
The GOOD
Navigable water law bill - significantly improved When it was originally proposed, SB 459/AB 600 would have drastically altered how Wisconsin deals with certain permitted activities in waterways. By working with legislators and other advocates, Clean Wisconsin was able to secure key changes to the bill that drastically softened its impact. Items such as dredging up to three dump trucks’ full of sediment from a lake and giving away publicly owned deeds to lakebed to private interests were stripped from the bill. (Also see “The Bad” below.)
continued from cover
Efforts to privatize water utilities fail Early opposition by Clean Wisconsin helped kill a bill that would have made it easier for out-of-state, for-profit corporations to take over our municipal water systems. Aqua America, a Pennsylvania-based company, was pushing the bill so it could expand into Wisconsin
Restored recycling grants The budget bill passed in 2015 contained a $4 million cut to recycling grants for municipalities to help pay for curbside recycling pickup and other local recycling efforts. On the last day of the session, a bill passed to restore $3 million for those grants.
Stewardship freeze rejected
The Bad
In his budget bill, the Governor originally proposed a 13-year freeze on the Stewardship program, which purchases and protects pristine lands for future generations. The Legislature ultimately restored funding for the program at $33 million annually.
Cut to the Focus on Energy program A “PSC Reform” bill, which passed on the last day of session, will result in higher energy bills for businesses and homeowners by reducing the amount electric utilities pay into Focus on Energy, the state’s energy efficiency and renewable energy program, by $7 million. However, we were also able to prevent several even worse proposals from materializing that could have eviscerated the program altogether.
Removed state support for our parks
The UGLy
The budget bill increased user fees to provide continued support for the Wisconsin state park system, but simultaneously removed all existing state funding for the system. This will make Wisconsin the only state parks system in the nation to be run solely by user fees and without state resources, which has proven to be an unsustainable model.
Wisconsin’s nuclear moratorium repealed Wisconsin’s nuclear “moratorium,” which simply required that any new nuclear power plant must be economically advantageous to ratepayers and provide safe disposal for radioactive waste, was repealed this session. Nuclear energy remains the most expensive form of energy for ratepayers and should not be considered in the absence of stronger commitments to renewable energy and energy efficiency, which are more cost-effective ways to achieve Wisconsin’s clean energy future.
Weakened shoreland zoning protections The state budget bill removed the ability of counties to enact shoreland zoning standards that are stronger than the state minimum standards, severely weakening most counties’ protections from the impacts caused to waters when structures are built too close to the shore.
Attempt to upend the administrative rules process fails A bill that would have dramatically changed how state agencies regulate our air and water failed to pass. The bill would have particularly impacted DNR’s ability to enact environmental protections through the administrative rules process, which has been commonly used to put important measures, such as Wisconsin’s phosphorus rules, in place.
Polluted runoff management funding restored After massive cuts totaling more than $7 million were proposed in the Governor’s budget to grants and county staff that help tackle urban and agricultural sources of nonpoint pollution, the Legislature restored $3.5 million to polluted runoff management efforts.
Attempts to remove safeguards from fish farming thwarted The Legislature ultimately did not pass a bill that would allow fish farms to operate in virtually any public waterway and exempt them from the many permits currently needed to ensure our trout streams and headwaters are protected from the water quality problems that arise from these concentrated operations.
Natural Resources Board power retained The Governor had proposed making the Natural Resources Board an advisory body in his budget bill, which would have stripped its ability to help set the policy direction of and decision-making for the DNR. The Natural Resources Board represents 100 years of citizen involvement in natural resources management.
Navigable water law bill – wetland impacts While SB 459/AB 600 was significantly improved with respect to treatment of navigable waters, impacts to wetlands remain. In particular, the bill still makes it easier to build in Wisconsin wetlands, which provide critical functions for Wisconsin’s landscape, such as providing habitat for waterfowl and other species, acting as a sponge for floodwaters, and filtering pollutants out of water. (Also see “The Good” above.)
Reduced Intervenor Compensation The budget bill greatly reduced the amount of funding available for citizen groups like Clean Wisconsin to participate in utility proceedings at the Public Service Commission, where we routinely engage in issues to advocate for clean energy and energy efficiency and to ensure our natural resources are protected.
Cutting 18 scientists and 11 educators from DNR Eliminated in the state budget bill, these staff focused on conducting research on issues impacting natural resource management and making sure DNR decisions are based in science, as well as engaging citizens and students in natural resource protection and awareness.
Eliminated $8 million in state funding for UW-Madison Bioenergy Initiative The state budget bill eliminated $8 million for the Bioenergy Initiative, one of only three such energy research facilities in the nation. The Wisconsin Alumni Research Foundation has given UW-Madison $3.5 million to keep the facility operating as a stopgap measure, but challenges remain for long-term funding.
Our members are active!
4
We sent 57,311 messages to legislators this session
12,909
8,223
5,767
1,418
Shoreland Zoning
DNR Science Staff Cuts
Groundwater
Microbeads Spring 2016
SWIFT
Compact Update
RESOLUTION
Voice of the People
Continuing to push for drinking water solutions in Kewaunee County By Elizabeth Wheeler, Senior Staff Attorney
In January, Waukesha’s application for a Great Lakes water diversion was forwarded to the Great Lakes Regional Body, setting off another opportunity for individuals to weigh in. We’ve reviewed the numbers, and the message is clear:
The public OVERWHELMINGLY opposes Waukesha’s request for Great Lakes water!
MN 2,003 WI
MI
19
4,6
NY 5,295 PA
6
9
50 IN 4,064 3, 3,943 OH 92
Messages sent to Great Lakes Governors & Premiers opposed the application
3,815
IL
2,
38,176
Messages sent by individual state
8,002
to the Canadian Provinces of Ontario and Quebec
Of the more than 11,200 unique comments to the Regional Body
0.19%
0.63%
98.5% were opposed
Opposed Supports Ambiguous
In fact, only 75 commenters expressed explicit support of the application
Among Comments from Government and Elected Officials
70% Opposed
Waukesha’s Application or had concerns or questions
Where do we go from here? Once the Regional Body finalizes its review in the coming weeks, it will send along its findings to the Compact Council, which will then vote. If there is even one dissenting vote, the application cannot move forward.
Stay tuned for updates on this important issue. Information and statistics compiled by the Compact Implementation Coalition, with special thanks to Abby Kuranz, Milwaukee Riverkeeper
INFOGRAPHIC by Haley Johnson, Clean Wisconsin
As access to drinking water has become a high-profile issue for many communities across the United States, Clean Wisconsin and our partner organizations have continued to work toward finding a safe, reliable and sustainable solution for residents in Wisconsin’s Kewaunee County. In March, Clean Wisconsin and five other environmental organizations sent a letter to the EPA, renewing our October 2014 ask for the federal agency to provide clean drinking water to Kewaunee residents who face significant contamination of their private drinking water supply and have been waiting too long for a solution. The DNR has been convening work groups to discuss possible solutions to the drinking water threats in Kewaunee, but so far the only relief to local citizens has been a donation-based water kiosk that provides clean bottled water to citizens who qualify. In the meantime, DNR’s recommendations have been 18 months in the making, with little action seen. Clean Wisconsin’s March letter raises our concerns about this process to EPA, and the agency also heard from U.S. Senator Tammy Baldwin about the need for federal action: “A drinking water crisis that continues to compromise the health of residents necessitates an emergency response that addresses the immediate need for drinking water until longer term solutions are negotiated… Specifically, I urge you to work with local communities to provide assistance with basic water needs, such as support with water testing, the installation of in-home water filtration systems, the distribution of bottled drinking water or portable water filters, and construction of temporary clean water systems that could provide a centralized source of safe drinking water that rural residents could access near their homes.” Clean Wisconsin is working with Sen. Baldwin’s office, our partner organizations and Kewaunee County citizens to push for a swift resolution. We hope to see workgroup recommendations released soon, and immediate implementation of those recommendations. Meanwhile, Clean Wisconsin is still involved in a lawsuit over DNR’s authority to require groundwater quality monitoring in Kewaunee County, a necessary measure to ensure that contaminants stay out of groundwater and drinking water.
IN MEMORY
Juan Carlos Ruiz
The Clean Wisconsin staff was saddened by the untimely passing of a passionate environmental justice advocate and great friend, Juan Carlos Ruiz, in March. Juan Carlos was never afraid to take on powerful interests to fight for the health of people, particularly the most vulnerable. He combined tremendous energy and organizing abilities with a genuine warmth and humor that made every meeting interesting and all attendees feel welcome. As a representative of the League of United Latin American Citizens and part of the Cleaner Valley Coalition, Juan Carlos worked with Clean Wisconsin to organize Latino public health and community organizations to end coal burning at the Valley Power Plant in Milwaukee’s Menomonee Valley. Those organizing efforts, in combination with Clean Wisconsin’s legal challenges, resulted in a conversion of the power plant from coal to natural gas, cutting CO2 emissions in half and significantly reducing particulate matter and other harmful air pollution. Most recently, Juan Carlos was involved in the Coalition for More Responsible Transportation in Wisconsin. We have lost an advocate and friend and send our thoughts to Juan Carlos’ family at this difficult time.
www.cleanwisconsin.org 5
GROWING A COMMUNITY Community solar installations in Wisconsin on the rise By Tyson Cook, Director of Science & Research
While solar panels have been around for more than 60 years, they have remained out of reach for people as a technology to create their own power for the vast majority of that time. However, prices have dropped precipitously, and while Wisconsin is lagging behind other states, the result of those price drops is that more people nationwide are now able to install their own solar panels, and over 45,000 people did in 2014. However, not everyone who would like to install solar panels can, including people who rent or live in apartments, or homeowners whose roofs are either tilted in the wrong direction or shaded. In fact, depending on which factors you take into account it has been estimated that between 50% and 80% of people aren’t able to participate in the rooftop solar market. Fortunately, the development of community solar installations is opening the door for those people with some added benefits at the same time. Instead of people each installing their own solar panels, community solar farms (sometimes called “solar gardens”) are larger installations at a single central location. They are normally overseen either by an electrical utility or an independent company, and allow multiple people to either buy panels or invest in a portion of the whole project. The separate location, whether on a large commercial rooftop, over a parking lot, or in a field on the edge of town, allows anyone to take part. It also simplifies issues that can crop up around selling a house with solar installed on the roof, and the fact that it is professionally managed means that individuals don’t have to worry about optimizing the system or doing maintenance work.
Utilities also tend to like community solar more than rooftop installations as they have more control over how they are installed and operated. And when the utility is in charge of the community installations themselves, it is easier for them to see a path toward sharing in the benefits they provide. This means that, unlike the oppositional stance they’ve taken regarding rooftop solar in Wisconsin (for example pushing for rates or policies that make rooftop installations less cost-effective), Wisconsin utilities have been eager to offer community solar options to their customers. In fact, since 2014 when Vernon Electric Cooperative in Westby sold out the first community solar offering in the state in two weeks, there are now a dozen utilities with nearly 5,000 kW either planned or installed in the state. The latest of these, Madison Gas and Electric, had a 500 kW installation approved by the PSC in March. While there are some disadvantages compared to rooftop solar, including generally longer payback periods, community solar can help by bringing down upfront prices even more than they’ve already dropped when compared to rooftop solar. This happens because both major pieces of solar costs — the costs of the panels and hardware, and the “soft costs” like installation and connecting to the grid — are reduced by the larger installation size. Prices to purchase solar panels in community installations in Wisconsin are around or just below $2 per watt, as compared to a national average of roughly $4 per watt for rooftop solar. At the end of the day, people will have to make their own decisions on what kind of solar project makes sense for them, but its good to see more options opening up in Wisconsin.
Community solar subscriptions can take many forms. Common options in Wisconsin include:
Individual-owned, with solar generation subtracted from purchased kWh on bill Example: Vernon Electric Co-op Customers buy panels upfront, paying $600 per installed 305 kW panel. Every kWh produced is subtracted from the kWh on their monthly electricity bill.
Up-front subscription with set payment for each kWh of solar generation Example: Xcel Customers pay an upfront fee covering the full cost of panels and installation on a per-kW basis, but don’t own the panels. Minimum subscription amount is $356 for 200 watts, and the customer gets a bill credit of $0.074/kWh produced (subject to change) for 25 years.
Subscription paid over time with solar generation subtracted from bill Example: Madison Gas and Electric Customers don’t own the panels, but pay an upfront fee covering only 10% of the cost of installation on a per-kW basis; a minimum of $47.25 for a 250 watt subscription. The rest of the cost is paid over 25 years at a set rate ($0.12/kWh produced, plus $0.008/kwh for transmission, which may change), with every kWh produced subtracted from the electricity portion of their monthly utility bill.
Being a Corporate Guardian is an excellent investment in your business as you support our protecting Wisconsin’s air, water and natural heritage! We encourage you to learn more about and do business with our wonderful Corporate Guardians!
Hoyos Consulting LLC madisonmagazine.com
onmilwaukee.com
sustaineng.com Madison
mge.com
rishi-tea.com
Bailey’s Greenhouse Bayfield
hoyosconsulting.com Edgerton, Madison
thinkinkanddesign.com Madison
schonheitgardens.com Sun Prairie
holidayvacations.net
nglic.com
thompsonim.com Madison
gklaw.com
crossroadscommunityfarm.com Cross Plains
Interested in joining these businesses? Contact Angela Cao at 608-251-7020 x17 or acao@cleanwisconsin.org. 6
Spring 2016
A night with celebrity chefs for
Join us for an evening of local food, first-rate cocktails and fun at
Epicurean Evening Madison,
our 3rd annual celebrity chef gala benefitting our statewide work to protect and preserve Wisconsin’s air, water and natural heritage!
Thursday, October 6 Monona Terrace, Madison
This must-attend culinary event features a wine pull, live and silent auctions, and our ever-popular cocktail hour with specialty drinks by local mixologists.
This year’s featured chefs...
Nick Johnson, 1847 at the Stamm House • Michael Pruett, Cento • Phillip Hurley & John Gadau, Sardine • Francesco Mangano, Osteria Papavero
GET TICKETS OR BECOME A SPONSOR TODAY Tickets are $150 per person or $1,200 per table of 8
www.wisconsinepicureanevening.org Executive Chef Sponsors
Front of House Sponsors Hoyos Consulting LLC
Be part of this list! See www.wisconsinepicureanevening.org/sponsors or contact Angela Cao, acao@cleanwisconsin.org, 608-251-7020 x17
CLEAN POWER PLAN
continued from cover
how they will comply with the CPP by September of this year. That deadline no longer applies, but experts have estimated that if the rule survives court challenges, it could be back in effect as soon as Summer 2017, and deadlines for state compliance could remain as originally outlined in the rule. After the D.C. Circuit rules on the merits of the lawsuits, the Supreme Court will review its decision. In the event of a tie vote, which is possible as the recent death of Justice Scalia resulted in an eight-judge Court, the decision of the lower court stands. Thus, if the D.C. Circuit upholds the legality of the Clean Power Plan, given the makeup of the Supreme Court, there is a good chance that the rule will ultimately be upheld.
PLANNING FOR A CLEANER FUTURE
To prepare for implementation of the CPP, in addition to submitting plans, states were also required to form stakeholder groups to provide input as to the least-cost, most-effective ways for them to meet the carbon reduction goals in the rule. Some states began that implementation planning process and have continued their analysis even though the rule is temporarily stayed. Iowa and Minnesota, for example, are engaged in robust discussions that are likely to position their states favorably in terms of the costs to ratepayers and successful carbon reductions. Unfortunately, by not planning for implementation of the rule, Wisconsin is likely to find itself scrambling to react to what more forward-looking states decide to do, and that mentality will cost ratepayers more than necessary. There are various ways that the state could comply with the Clean Power Plan. For example, Wisconsin could double down on fossil fuels and building new large natural gas plants that are marginally cleaner than the old dirty coal plants we have now. However, the problem with this is threefold: It would tie our electricity costs to volatile natural gas prices; it keeps us sending hundreds of millions of dollars out of the state each year to import fuels; and building new plants has huge capital costs that have a direct impact on electricity rates. This type of construction is why Wisconsin’s electricity rates have nearly doubled since 2000, going from among the lowest in the Midwest to the highest in 2015. On the other hand, investing in efficiency, the cheapest and cleanest energy resource, actually reduces electricity costs. As pointed out by our Public Service Commission in its draft Strategic Energy Assessment released in late March, our robust energy efficiency efforts to date have helped keep overall bills below the regional average despite our highest rates. Clean Wisconsin’s modeling confirmed that Wisconsin can meet its carbon reduction goals by increasing our investment in energy efficiency and renewable energy, while reducing
electrical costs in the state. A recent analysis by the World Resources Institute similarly found that by following the right path, we could nearly double the amount of carbon pollution reductions required in the state by 2030 with a path forward that includes energy efficiency and renewable energy. Wisconsin is in a good position to meet the carbon reduction goals under the CPP primarily because we already have strong energy efficiency and renewable energy industries in place and some highly effective clean energy programs that could easily be ramped up, particularly Focus on Energy. But in order to use the existing programs, the state needs to analyze data; calculate existing carbon emission reductions; develop evaluation, measurement and verification protocols; and conduct other planning efforts in order to ensure these programs will count toward the state’s compliance plan. The Supreme Court’s stay could be used as an opportunity to take advantage of the additional time that states now have to prepare strong, cost-effective implementation plans. Unfortunately the state of Wisconsin is not taking advantage of this time, and with every day, week and month that we delay we continue to put our ratepayers at a cost disadvantage relative to our neighbors who are using their time more wisely.
GROWING SUPPORT FOR THE CPP
Utility industry insiders and followers, and particularly the utility companies themselves, understand that as the largest point sources of carbon pollution, coal-fired power plants will be regulated sooner or later, most likely by the CPP. That’s why some utilities and power producers are even weighing in on the legal debate in support of the CPP. For example, Dominion Power, one of the largest utilities in Virginia, filed a brief with the courts recently in support of the CPP, directly countering arguments by the coal companies and states such as Wisconsin. Dominion stated that: “Because of the key compliance flexibilities, Dominion does not agree that the Rule will necessarily result in such disruptive effects to the power sector and its consumers.” There is a tremendous amount of flexibility built into the CPP as written by EPA, and Dominion and others realize that a less flexible regulation would undoubtedly cost utilities and their ratepayers a good deal more than the CPP. Wisconsin should be moving forward with a strong plan to protect ratepayers and the environment, and doing it now. We have been working closely with a multitude of stakeholders, including the utilities, and we will continue to do so. If you agree with us that it is essential that Wisconsin prepare for how we will reduce carbon pollution from power plants going forward, please contact us at 608-251-7020 x11; we’d greatly appreciate the opportunity to share ways that you can become more involved.
Wisconsin should be moving forward with a strong plan to protect ratepayers and the environment ... AND DOING IT NOW.
Underneath power lines is probably not the first place that comes to mind when thinking of important wildlife habitat, since power lines have well-known, negative impacts on ecosystems. For example, when routed through forests they cause fragmentation, creating barriers for species that cannot cross through open areas and reducing the amount of habitat for species dependent on the interiors of forests, such as the scarlet tanager. They can also create pathways for invasive species to penetrate into forest communities. And wildlife effects are not just limited to forest species: power lines create a collision and electrocution danger for birds wherever they are found, especially for birds like grouse, cranes, pelicans and herons that have a high weight-towing-area ratio, limiting their maneuverability when in flight. Recent estimates suggest that 12 million to 64 million bird deaths per year are caused by power line collisions or electrocutions in the United States. Given such detrimental effects, these lines would not exist in an ideal world, but the reality is that power lines are a feature of our current landscape and will be for the foreseeable future. More lines may even be necessary to transition to a cleaner and more distributed energy future so we can combat the severe environmental impacts of climate change. A reasonA growing body of able question then is whether there a way to have transmission lines that are research shows how not so detrimental to our natural envipower line and other ronment.
NEW RESEARCH
SUCCESSION PLANNING Researchers have identified ways that power line right-of-ways can be important reservoirs for disappearing habitat By Paul Mathewson Staff Scientist
Under the Lens
utility right-of-ways have the potential to promote biodiversity and protect imperiled species if managed properly.
A growing body of research is showing how power line and other utility rightof-ways (ROWs; the areas along and to either side of a line) do not have to have a purely negative impact on wildlife, but have the potential to promote biodiversity and protect imperiled species if managed properly. Following a disturbance like a fire or logging, there is a natural progression of plant and animal communities that develop in an area, in a process called ecological succession. Smaller, sun-loving and fast-growing plants like grasses, forbs (non-woody, non-grass plants like wildflowers) and shrubs dominate early stages of succession. Absent another disturbance to restart the succession process, these early successional communities will eventually give way to a stable, forested community as trees become established in the area. In the eastern United States there has been a substantial decline in early successional habitat due to things like land conversion to developed or intensive agricultural uses and fire suppression, which prevents natural land from being reset back to an earlier stage. As early successional habitat disappears, so does the wildlife that depend on it. Recently, researchers have identified power line ROWs as an important reservoir of this disappearing habitat. To safely and reliably provide electricity, transmission companies must control tree growth underneath and adjacent to power lines to prevent trees from either growing into the wires or falling onto the wires, causing power outages. This means that power line ROW vegetation is perpetually maintained in an early successional stage. Indeed, several studies have documented how ROWs can support productive populations of early successional wildlife not found in nearby habitat types. Importantly, this includes species whose populations are in decline such as some grass- and shrubland birds, butterflies and pollinators like bees.
PROPER MAINTENANCE IS KEY
Of course, such biodiversity benefits depend on ROWs being maintained to promote this kind of habitat. ROWs are turned into ecological deserts if managed too aggressively, such as simply mowing and broadcast-spraying herbicides edge to edge. While power line companies are required to maintain minimum clearance distances between vegetation and transmission wires, beyond these minimum clearances, there are no specific rules in Wisconsin for how the vegetation should be maintained. One approach to managing ROW vegetation that has been found to promote wildlife habitat while still ensuring safe and reliable electricity transmission is the wire zone/ border zone approach. The basic concept of this approach is to divide the ROW into two distinct zones: the wire zone under the transmission wires and border zones extending out from either side of the wire zone to the edge of the ROW. In the wire zone, herb-grass-forb cover types are promoted, while shrubs and short trees are allowed in the border zone. Creating two distinct zones and allowing some vertical structure in the form of low-growing woody plants creates habitat complexity to support a variety of wildlife. There are also examples of more targeted management aimed at promoting habitat for specific species, such as efforts in New York to promote lupine habitat for the endangered Karner Blue butterfly in power line ROWs. There are approximately 12,000 miles of transmission lines in Wisconsin, and this number is likely to increase in the future. However, proper siting of those lines can reduce impacts to sensitive ecosystems, and these recent studies show that not all of the land disturbed for these lines needs to be written off as poor wildlife habitat; rather with appropriate vegetation management, these ROWs can play an important role in promoting biodiversity. Locally, Clean Wisconsin is working with the PSC to better understand how power lines are currently being managed in the state in order to identify areas for improvement and to establish a set of environmentally responsible best practices for power line management.
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LAY! DON’T DE ts icke Get your t today!
Epicurean Evening Milwaukee Thursday, June 16 Discovery World, Milwaukee
Join us for our celebrity chef gala, Epicurean Evening Milwaukee, on the shores of beautiful Lake Michigan! This event benefits our statewide work protecting and preserving Wisconsin’s air, water and natural heritage!
Join more than 200 guests and supporters for our inaugural Epicurean Evening Milwaukee, a premier dinner gala showcasing these top Milwaukee chefs:
Adam Siegel Lake Park Bistro
Justin Carlisle Ardent
Cole Ersel Wolf Peach
This culinary event features a live auction, our ever-popular cocktail hour with specialty drinks and an opportunity to try your luck in our wine pull! Tickets are $150 per person or $1,200 per table of 8
www.wisconsinepicureanevening.org
Event Sponsors Hoyos Consulting LLC
Be a sponsor! See www.wisconsinepicureanevening.org/sponsors or contact Angela Cao, acao@cleanwisconsin.org, 608-251-7020 x17