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Username: texaspowerman
PersonId: 4483
Created: Fri Oct 24, 2008 at 04:49 PM CDT
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Texas legislature has really bad bill


by: texaspowerman

Thu May 26, 2011 at 11:20 AM CDT

The Lege has a really bad bill with a exceptionally bad amendment on it that needs to be removed before it becomes law.Take time out and make a call.

Please CONTACT YOUR TEXAS SENATOR IMMEDIATELY!
• Birdwell, Brian
• Carona, John
• Davis, Wendy
• Deuell, Bob
• Duncan, Robert
• Ellis, Rodney
• Eltife, Kevin
• Estes, Craig
• Fraser, Troy
• Gallegos, Mario, Jr.
• Harris, Chris
• Hegar, Glenn
• Hinojosa, Juan "Chuy"
• Huffman, Joan
• Jackson, Mike
• Lucio, Eddie, Jr.
• Nelson, Jane
• Nichols, Robert
• Ogden, Steve
• Patrick, Dan
• Rodriguez, Jose
• Seliger, Kel
• Shapiro, Florence
• Uresti, Carlos
• Van de Putte, Leticia
• Watson, Kirk
• Wentworth, Jeff
• West, Royce
• Whitmire, John
• Williams, Tommy
• Zaffirini, Judith

Rep. Dennis Bonnen unexpectedly put a horrible amendment on an already bad (but previously limited) bill - SB 875 -  that now makes the bill universally bad.The bill passed in the House. Bonnen's amendment gives immunity from ALL nuisance suits!!! It strips your right to protect your property and your health from pollution from ANY SOURCE. If mercury from a coal plant contaminated your lake or pond, you couldn't do anything about it. If sulfur from that coal plant destroyed your pecan trees, your roof or even if it impaired your breathing -  you'd be out of luck. If toxic runoff from an industry or CAFO reached your land or creek, there would be nothing you could do. The immunity goes for pollution of land, water or air. It's that bad!!! The bill could come up on at any time. Please email or call RIGHT AWAY!!! Immediately!!!

Please contact your State Senator IMMEDIATELY! Urge them to vote NO on SB 875.

Failing that, at least strip the Bonnen amendment from the bill. Ask them to take at least 48 hours so they can look at the bill carefully.

***********************
     Who Represents Me?  http://www.fyi.legis.state.tx.us
     Background information: SB 875 is authored by Senator Troy Fraser.
     House sponsors of the bill are Reps. Kelly Hancock, Warren Chisum and Wayne Smith.

Bonnen Floor Amendment to SB 875
REMOVES PRIVATE PROPERTY RIGHTS PROTECTIONS
A nuisance in legal terms in an unreasonable interference with the use or enjoyment of your property.  To prevent a trespasser or polluter from destroying your land, you could bring what's called a nuisance action against them to get them to stop and pay for any damages to your property.
Bonnen's amendment is a very bad amendment that will give polluters immunity for personal injury and property damage.  The bill as it came over from the Senate only applied to greenhouse gas emissions and was intended to protect businesses from greenhouse gas nuisance lawsuits filed by the EPA, according to the House Research Report.  It was not intended to affect nuisance actions filed by individuals.
This amendment broadens the scope of the bill substantially.  It now amends the civil practice and Remedies Code to apply to all nuisance actions, brought by individuals and the government.  The amendment gives immunity to any polluter (not just greenhouse gas) in a suit for nuisance or trespass, if the polluter proves its conduct was authorized by federal or state permit.  The plaintiff can overcome the defense (rebuttable presumption) only by clear and convincing evidence that the polluter knowingly withheld or misrepresented material relevant to determining compliance with the order, and that was the primary reason the permit was granted.
1.       It is immunity for a polluter.
2.       The definition of "person" is expansive and does not limit the defense to any type of polluter or pollution.   It will apply to any nuisance or trespass.
3.       The only thing a polluter needs for immunity is a permit.
4.       The exception requires the claimant to prove by "clear and convincing" evidence that the polluter lied or withheld material information relevant to its compliance or to getting the permit.
5.       This exception will be impossible to prove.  Proving someone has lied or withheld evidence, by clear and convincing evidence is an almost impossible standard.  Any documents proving such fraud will often be beyond the plaintiff's reach, but it will likely be impossible to meet the standard - clear and convincing evidence - without such a "smoking gun"

www.CleanEnergyforTexas.org

Discuss :: (0 Comments)

Austin City Council follies


by: texaspowerman

Tue Feb 10, 2009 at 10:07 PM CST

Time to show your support for solar, and your opposition to new nuclear power!

Rumor has it that  Austin City Councilman Mike Martinez is the force pushing hard to bring back the Nuclear proposal and to dump the Solar project. With the big city right down 35 rolling out a major new green agenda and huge proposed changes in their utility, are we going to see San Antonio leave us and the Green jobs agenda behind in a cloud of brown dust. We've got Grandma coming back, like some of the nuclear waste that we cant get rid of, and now this, is it going to be 1978 all over again?

On Thursday, Austin City Council will take up the issues of nuclear energy and solar energy. We can't think of a better picture to illustrate the
fork in the road we face when it comes to Austin's energy future.

Item 3 on the agenda: Austin Energy will appropriately recommend, again, that the City of Austin not invest in expansion of the South Texas Project. Austin Energy hired the pro-nuclear consulting firm Worley Parsons to examine the proposal, which concluded that Austin's share of the proposed 3rd & 4th reactors would cost around $2 billion (that's only 16% of the total). Our solid credit rating would likely decline due to the large amount of debt the city would have to issue coupled with the high risk of cost overruns and schedule delays typically associated with nuclear power plants. Furthermore, the addition of 432 megawatts of baseload nuclear power does not fit with Austin's projected electric demand forecast. This deal didn't make sense in 2007 or 2008.  It makes even less sense in 2009.

New nuclear power economics are frightening (numerous studies show the cost range from $12.5-17.5 billion and up), and it's a down right nasty way to make electric power. Uranium mine sites plague groundwater sources, there is no plan in place to deal with the waste, and Texas can ill-afford to devote its precious water resources to running a radioactive water boiler.

We don't need to go down the nuclear path again. We've learned from the mistakes of previous councils. Remember, Carole Keeton McClellan [Strayhorn] was mayor of Austin (1977-1983) when the city trapped itself in the boondoggle that was the first two units at STNP. Read the Austin Chronicle article from 2006 (scroll down to "Nailed to the Nuke"):

http://www.austinchronicle.com...

She is running for mayor again.  We wonder where Strayhorn, Leffingwell, and McCracken stand on this issue, which could become a larger issue in the mayoral election.

Better options exist. Come out and voice your opposition to new nuclear power.

Item 16 on the agenda: Austin Energy will recommend that Council approve a plan to invest in 30 megawatts of solar power from the proposed solar plant near Webberville. This project is a good start down the path toward a renewable energy future for Austin. The 25 year $250 million contract with California-based Gemini Solar Development Company will provide Austinites clean, renewable power from one of the largest photovoltaic arrays in the world. Solar beats new nuclear power on cost, environment and meeting peak demand.

Solar power may seem expensive, but compared to what it costs to run natural gas plants to cover the same peak period and it's associated environmental impacts, it's a winner.

Some have raised objection to the fact that the solar panels are not local. Buying local is always preferable, but it's not always feasible. There are no Texascompanies that can currently manufacture panels for this sized plant. And while a California company has gotten the first contract because of California's commitment to solar, local contractors and products can be used to construct and maintain the facility. Austin will still own the land too. We hope that with more plants like this one, solar companies will get the message that Texas is open for business.

We expect a large pro-nuclear/anti-solar turnout, so it is critical you come out to City Council this Thursday, Feb 12, and sign up to speak. Voice your support for solar power. Tell City Council you want more!

Council convenes at 10 AM.

Learn more about the agenda items:

CoA background material on nuclear agenda item:

http://www.ci.austin.tx.us/cou...

IEER cost estimate comparison study:

http://www.nukefreetexas.org/d...

CoA background material on solar agenda item:

http://www.ci.austin.tx.us/cou...

Learn more about Clean Energy options for Texas at:

http://www.cleanenergyfortexas...

Public Citizen and a host of other organizations recently released a report on Texas and its solar potential:

http://www.cleanenergyfortexas...

David Power
Public Citizen
 

Discuss :: (1 Comments)

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