Legalectric

What’s going on with these Energy Omnibus Bills?  It’s bad enough that they do it in this “Omnibus” form, instead it’s OMINOUS, because they toss such a mash of incongruous things together, a little for everyone so they have a “deal, a package deal, and it’s a good deal” when it’s really just a mess that adds up to bad policy.

Senate Energy Omnibus bill is SF 1431:

SF 1431 – 1st Engrossment

The Companion HF 1678 Textisn’t going anywhere…

House Employment and Economic Development Bill is filled with energy related backpedaling and is even more OMINOUS:

HF 0843 – 3rd Engrossment

The “Senate Companion” to HF 843 does not really exist, but the stated companion, SF 804 was added to S.F. 2101, the Omnibus agriculture, environment, natural resources, jobs, and economic development appropriations:

SF 2101 – 1st Engrossment

With the different bills, it gets difficult when considering the special legislation for Black Oak/Getty that Geronimo added to the Senate bill (SF 1431).  That language remains in SF 1431.  Now it’s BACK in HF 843 — as of tonight. 

Initially, it was added to the House bill (HF843) without any committee discussion, but was then removed (YES!) after loud objections.

Better yet, the new owner of the project, Sempra U.S. Gas & Power, wants nothing to do with Geronimo’s legislative “fix.”  From “Signed, sealed and sold: Controversial legislative fix gone with the wind” Watchdog.org Minnesota Bureau, by Tom Steward, Sempra confirms that important distinction between itself and the former owner, Geronimo (also linked below):

Sempra U.S. Gas and Power assumed ownership of the up to 41-turbine wind farm March 25, according to the letter.  But the California company distanced itself from any statehouse deal that infringes on landowner agreements.

“From our understanding the Omnibus energy bill is no longer in consideration and will not move forward as legislation. Sempra U.S. Gas & Power is not in favor of any legislation that would change the terms of the leases agreed to by the Black Oak Getty landowners,” Steve Schooff, Sempra U.S. Gas and Power communications director, said in an email.

Good!  Sempra, thank you for taking a step back!  That they’re distancing from legislative action on private contracts is a sign that they have a sense of ethics and won’t try to steamroll this project through.  They deserve a hearty “Here! Here!”  Will Sempra give a listen to landowners?  We shall see!

But then tonight, I heard that Rep. Garofalo put it back in. Specific wording remains to be seen, let’s have a look at the 4th Engrossment, which should be out soon.  But noooo, this sly change was added a while ago:

Rep. Garofalo, you’d said on the record that it wasn’t the legislature’s business to interfere in private contracts.  Now it’s suddenly OK.  So which is it?  Now you think it’s OK to jump to your corporate masters and put that language in, to the detriment of the residents of Raymond and Getty Township who have contracts, contracts with specific stated termination dates?  Shame… what changed?

And Sempra supposedly isn’t the only one to publicly back off — two sources in the Senate have said, IN WRITING, that Geronimo has said it wants that language deleted from the Senate version.  SO LET’S DO IT!

In the meantime, though, despite those assurances, we need to keep at it.  We need to continue to let the Senate know to remove Section 40 of S.F. 1431, which is lines 34.8 – 34.16 on p. 3,4 to eliminate that special legislation for Geronimo:

It’s supposed to happen when it hits the floor for a vote, and right now, “negotiations” seem to be stalled out, everything is behind closed door, and we have no way of knowing what’s really going on.

So what to do?

1) We need to thank everyone for removing the offensive special legislation from HF 843.   We need to make sure they know that the special legislation language must not appear in any House version.  And don’t even think of putting this special legislation interfering with private contracts into any bill in Conference Committee.

Contact each and every House member and let them know “No special legislation for Geronimo” and that under Minn. Stat. 500.30, wind easement contracts now terminate after 7 years — do not attempt to change this for existing contracts between landowners and the wind developer/owner of the Black Oak/Getty wind project(s).  Stand up for the people of Raymond and Getty Townships and remove this language.  Say NO to your corporate masters!

HOUSE MEMBERS’ CONTACT INFO HERE

2) We need to make sure that the Senate, THE WHOLE SENATE, knows that the special legislation for Geronimo in S.F. 1431, p. 34, lines 8-16, must be deleted when this comes to the floor in the Senate.  They also need to know that this special legislation for Geronimo must not appear in any other bill — don’t try to sneak it in somewhere else, and don’t forget to take it out, don’t try to drop it in during Conference Committee!  NO!  NO!  NO!

Contact each and every Senator and let them know “No special legislation for Geronimo” and that under Minn. Stat. 500.30, wind easement contracts now terminate after 7 years — do not attempt to change this for existing contracts between landowners and the wind developer/owner of the Black Oak/Getty wind project(s).

SENATORS’ CONTACT INFO HERE