Legalectric

The price of Garofalo is too cheap — toadying to the corporate masters.

Rep. Garofalo claimed it is not the legislature’s role to interfere in private contracts.  But in taking out the language specific to Black Oak/Getty wind, he adds this tidbit, it supposedly was added in committee “during markup” — did anyone on the committee understand? Did anyone look at this footnote to Minn. Stat. 500.30?  It’s in the 2nd Engrossment, then 3rd, and 4th which was passed yesterday with some amendments:

This is language that modifies a footnote to Minn. Stat. 500.30.  It pushes up the sunset of the 7 year limit for wind easement contracts.  And there’s nothing in here that says that it does not apply to current contracts.  Geronimo wants it because it WOULD apply, at least they’d try to make that happen!

Nope, this is not OK at all.  That’s just doing the corporation’s bidding in another way.  Thanks, thanks a lot.  If you want to keep this language in, it needs to expressly state that it has no application to existing contracts.

I wonder — did Sempra know they were jumping into this morass when they bought the project?

Now it’s time to keep on Senate to remove it, and be alert for the Conference Committee.

Here’s the contact info for all Senators, it will hit the floor sometime, either in SF 1431 or maybe even SF 2101:

SENATORS’ CONTACT INFO HERE

Why?

1) 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, if not before.  Check that bill carefully.

2) Also don’t try to sneak it in like they did in the House:

3) 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 7 year limit for existing contracts between landowners and the wind developer/owner.  This change would be for the benefit of the Black Oak/Getty wind project(s) and to the detriment of the landowners.

Doesn’t this guy ever quit?  New legislation with new option, wanting to change the law to allow a “biomass” plant on the Mesaba Project site.  WHAT?  Aren’t they paying attention to the Laurentian Energy Authority’s unworkable “biomass” projects in Hibbing and Virginia, the “biomass” plants that don’t have enough feedstock and so are burning coal?  Did they forget that the MPCA has only issued one woody biomass permit, for Laurentian (Hibbing and Virginia) and that that permit was violated, so extremely that the MPCA issued fines and reworked the permit?

LEGALECTRIC POST: Laurentian “biomass” Air Permit Draft (second time around)

LEGALECTRIC POST: “Biomass” violates air permit – fines likely

DOH!

Thanks to a little birdie for the heads up on this.

Here’s the change, hidden in Senate File 2101:

Today, say NO to lines 191.4 – 191.19 of Senate File 2101.

Quick comments — this project is bizarre, a private project proposed on request of DOE (with applicant ringleader a former DOE employee) that has no demonstrable need.  ???

Overland Comment 4-20-2015

Here’s the link for the DEIS, from their site:

The Draft Environmental Impact Statement (EIS) for the Plains & Eastern Clean Line Transmission Project (DOE/EIS–0486; Draft EIS) is now available

I do hope the DOE will explain how they intend to review this under Section 1222… it’s all too bizarre for words!

So I heard last Friday at the House Jobs and Energy Committee… that’s something new, to hear that so directly and publicly.  We’d put a serious effort into deleting the offensive “special legislation” for Geronimo about the Black Oak and Getty wind projects that would unilaterally extend the term of the wind lease contracts from seven to eight years:

That was Friday, but checking the status, the 1st engrossment isn’t out yet, so who knows…

And on top of that, “upon information and belief,” or “a little birdie told me” basis, it’s possible that both the House and Senate version of this will be withdrawn.  I’ve since received confirmation from two sources that yes, that is Geronimo’s request, but that it probably won’t happen until it hits the floor of the Senate. That would be good, but it’s not over yet… and this sure shouldn’t go forward and get to Conference Committee where anything can and does often happen.

SO, on that note, it’s time for phone calls and emails again!

For the Senate, contact Senator John Marty, the Senate Energy Chair, and the local Senator, Tory Westrom, and your own Senator if different.  Let them know that Section 40 of the Energy Omnibus Bill, page 34, lines 34.8 – 17, should be deleted… the special legislation extending wind contracts for Black Oak and Getty wind (or any others!) must be deleted from the Senate Energy bill.

John Marty (66, DFL) Energy Committee Chair
651-296-5645
E-mail: UseMail Form

John A. Hoffman (36, DFL) Energy Committee Vice Chair
651-296-4154
E-mail:
sen.john.hoffman@senate.mn

David J. Osmek (33, R) Energy Committee Ranking Minority Member
651-296-1282
E-mail:
sen.david.osmek@senate.mn

Torrey N. Westrom (12, R)
651-296-3826
sen.torrey.westrom@senate.mn

Other Senators’ contact information!

Also contact House Committee members with a THANK YOU and a gentle reminder to make sure it’s removed from the House version:

rep.pat.garofalo@house.mn, rep.dave.baker@house.mn, rep.karen.clark@house.mn, rep.dan.fabian@house.mn, rep.bob.gunther@house.mn, rep.melissa.hortman@house.mn, rep.jason.isaacson@house.mn, rep.sheldon.johnson@house.mn, rep.bob.loonan@house.mn, rep.jason.metsa@house.mn, rep.jim.newberger@house.mn, rep.marion.oneill@house.mn, rep.peggy.scott@house.mn, rep.erik.simonson@house.mn, rep.dennis.smith@house.mn, rep.chris.swedzinski@house.mn, rep.bob.vogel@house.mn, rep.jean.wagenius@house.mn, rep.jim.knoblach@house.mn, rep.jason.metsa@house.mn, rep.dave.baker@house.mn, rep.marion.oneill@house.mn

By the way, after the House Energy Omnibus hearing on Friday, I learned Rep. Garofalo’s price:

$1.49!  OK…

WHAT?!?  What is Pat Garofalo up to?  Just look what’s appeared in the House Energy Omnibus Bill:

How did that happen?

So not only did Sen. Weber add it to the Senate Energy Omnibus Bill, but now it’s mysteriously appeared in the House Omnibus Bill.  Who “authored” this?  Well, we know it’s Geronimo, but what Rep. put their name on it?  Who is responsible?

Here’s what Sen. Weber said when he introduced the A-12 amendment to the bill in the Senate:

I have the A-12 Amendment, members…[staff passing out Amendment]… Previous legislation has required that there be a seven year limit as far as the leasing of wind rights, and this was of course to protect property owners from signing up for wind rights by someone who was just speculating and who may not have those wind rights ever available for a project.  There is a project up in Senator Westrom’s district, it is the former Black Oak Getty Wind Farm Project that has now been taken over by Geronimo.  And the project is in its early stages of construction, however it will not be completed by the time that the seven year period expires.  The purpose of this amendment is thereby to extend that seven year period to, by one year, to an eight year period.  It is very specific, the amendment is very specific as to the description of the project, and it is this project.  Farmers Union has been contacted, who pushed for the original seven year limit, and they are certainly OK with this, and I believe that parties have been in contact with Sen. Marty as it relates to it.  And if there are any questions as it relates to the project, Ms. Engelking is still available to address those.

Can you believe it?  It’s not even Sen. Weber’s district, and he introduced this without checking with Sen. Westrom?  EH?  Check it out on the Senate video of that meeting, Weber introduces it at about 3:29:09.  WATCH IT HERE!

Tomorrow is the House Energy Committee meeting and the Energy Omnibus Bill is on the agenda, starting at high noon, and 2p is the deadline for amendments, and Xcel’s Rick Evans has promised he’s got a thing or two up his sleeve, apparently confirming that Xcel is running the Committee.

Now is the time to let the Committee know what you think about legislative interference with the wind easement contracts between Geronimo and landowners in the Black Oak and Getty Wind Projects, BEFORE THE COMMITTEE MEETS.

• Delete lines 134.1 – 134.11 of HF 843 — the House Energy Omnibus Bill.
• Don’t put Geronimo’s corporate interests above those Black Oak and Getty Wind Project landowners who have contracts.
• Wind contract language says it is a seven (7) year contract, not 8!
• This is special legislation, legislation for Geronimo that is favoring a particular, specific, corporate interest — that’s prohibited by Minnesota law.
• This legislation is against the interests of the landowners who signed the original contracts, for a project which has not been built, and contracts which are due to expire soon.
• Legislature should not interfere and try to change a contract between Geronimo and landowners.  If Geronimo wants something different, they can negotiate in good faith with the landowners.
• Landowners affected by this legislation were NOT notified before this bill’s introduction.
• Geronimo might say that this legislation won’t affect the landowners, but if it doesn’t have an impact, why are they pushing for this legislation for this specific project?

Here’s the list for emails to delete lines 134.1 to 134.11 of the House Energy Omnibus Bill, let them know in technicolor what you think:

rep.pat.garofalo@house.mn, rep.dave.baker@house.mn, rep.karen.clark@house.mn, rep.dan.fabian@house.mn, rep.bob.gunther@house.mn, rep.melissa.hortman@house.mn, rep.jason.isaacson@house.mn, rep.sheldon.johnson@house.mn, rep.bob.loonan@house.mn, rep.jason.metsa@house.mn, rep.jim.newberger@house.mn, rep.marion.oneill@house.mn, rep.peggy.scott@house.mn, rep.erik.simonson@house.mn, rep.dennis.smith@house.mn, rep.chris.swedzinski@house.mn, rep.bob.vogel@house.mn, rep.jean.wagenius@house.mn, rep.jim.knoblach@house.mn, rep.jason.metsa@house.mn, rep.dave.baker@house.mn, rep.marion.oneill@house.mn

Thanks for weighing in, and tune in to the Committee tomorrow.