Homebuilder files lawsuit against Goddard

March 11th, 2010

By Howard Fischer, Capitol Media Services

The largest U.S.homebuilder and its lending arm are accusing Attorney General Terry Goddard of violating their constitutional rights by hiring a law firm with links to a major labor union to investigate it.

Legal papers filed in U.S. District Court in Washington, D.C., by Pulte Homes and Pulte Mortgage charge that the arrangement between Goddard and attorneys at the firm of Cohen, Milstein Sellers & Toll gives those lawyers access to certain government information – information it can then turn around and use to help the labor unions that the companies say “are engaged in a harassment campaign against Pulte and other homebuilders.”

The attorneys also are specifically challenging the state signing a deal which makes the law firm’s payment contingent on getting money from the homebuilders it investigates. Attorneys for Pulte say Arizona law specifically prohibits outside law firms from being hired on a fee-contingent basis, making the contract “contrary to the will” of state lawmakers.

Goddard press aide Molly Edwards said her office was aware of the lawsuit and studying the issues. She would not comment on the merits of the lawsuit.

Rest of story:http://www.eastvalleytribune.com/story/151751

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Celebrating women in wind and solar energy

March 11th, 2010

Green Economy Post

Women’s History Month began in 1978 as “Women’s History Week” in Sonoma County, California. Then in 1981, Congress passed a resolution that made the history week a national event. Finally, in 1987, Congress expanded the celebration to a month, officially declaring March as Women’s History Month.

At Green Economy Post, in honor of Women’s History Month, we celebrate women who are making great strides in the green economy and renewable energy, areas which will continue to have a tremendously positive impact in all our futures.

Among women who are players in our renewable energy focused future:

Katherine Kent has been President of the Solar Store since 1998. The Solar Store provides both remote and grid tie solar energy systems for rural and urban homeowners. Katherine earned a BS in Chemical Engineering, an MS in Nuclear and Energy Engineering, and an MBA! She is also a licensed professional engineer in Arizona, a Certified Energy manager, and has commercial and residential Arizona contracting licenses in electrical and plumbing with solar. Katherine has received numerous awards throughout her career: the Department of Energy’s presented her with the Energy Innovation award for work on passive cooling strategies for desert climates; she was named 1995’s Distinguished New Engineer by the Society of Women’s Engineer’s; and was named the 2007 Woman in Solar Energy by the American Solar Energy Society.

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Arizona construction down for 2009, up in January

March 11th, 2010

By Jan Buchholz

Phoenix Business Journal

An estimated 26 percent of the construction work force in Arizona lost jobs in 2009.

That percentage puts Arizona second among states, behind only Nevada, according to a study released Wednesday by the Associated General Contractors of America.

The 26 percent equates to 40,300 lost construction jobs in Arizona in 2009. There is a sliver of good news, however. Arizona added 800 construction jobs from December 2009 to January 2010, the report said.

By comparison, California gained 16,200 construction jobs during that time frame. Other gainers included Michigan (2,100), Montana (1,200) and Iowa (1,900)

Far more states continued to lose construction jobs, though. Thirty-one states lost jobs between December and January with the most significant losses occurring in Florida (5,500), Missouri (7,700), Kentucky (5,300), North Carolina (5,000) and Georgia (4,700).

Overall, AGC economist Ken Simonson said the ongoing losses signal more trouble ahead. “Looking at this data, it is quite clear that the construction industry has yet to hit bottom,” Simonson said.

AGC continues to lobby Congress for additional federal infrastructure spending to stem more construction job losses.

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Create new jobs and save the planet

March 11th, 2010

By Rep. Peter Welch

Rare is the initiative that could save the job of a Michigan factory worker, help a Vermonter heat her home and put an Arizona contractor back out in the field. But one program embraced by President Barack Obama and gaining momentum in Congress is touted to accomplish all three — and then some.

Home Star — better known as Cash for Caulkers — is a simple idea that would provide immediate, tangible benefits for local economies across the country, while helping families pay their energy bills. By encouraging homeowners to invest in energy efficiency retrofits, Home Star would create an estimated 168,000 manufacturing and construction jobs that could not be outsourced. It would also help more than 3 million Americans improve their homes and save families close to $10 billion in energy bills over 10 years.

House and Senate committees are now considering whether to include Home Star in the next jobs bill. If our purpose is to revitalize flagging industries, support struggling families and lay the groundwork for a new economy, the answer could not be more clear.

Home Star provides two ways for Americans to invest in their homes. The first is a point-of-sale rebate for up to 50 percent of the cost of certain energy efficiency improvements up to $3,000 per home — including insulation, HVAC units, duct sealing and water heaters. The second is a more comprehensive retrofit that rewards homeowners for the total amount of energy they save. For example, a 20 percent energy savings demonstrated by a home energy audit would result in a $3,000 rebate.

The program’s job creation benefits would be threefold.

First, energy efficiency rebates would trigger a wave of consumer spending at local hardware stores and national retailers — boosting struggling businesses like the popular Cash for Clunkers program did.

Second, the bill would put to work contractors, carpenters and HVAC technicians — all reeling from the construction trades’ 25 percent unemployment rate, caused by the housing bust.

Third, it would spur manufacturing by increasing demand for American-made insulation, roofing materials, storm windows and heating systems.

The potential for Home Star to create jobs is proven and real. In my own small state of Vermont, which leads the nation in energy efficiency investments, a statewide efficiency program created more than 430 jobs in one year and generated more than $40 million in income. It also laid the groundwork for a clean energy economy that promises to pay dividends down the road.

But the benefits of Home Star would go far beyond job creation. For a stimulus program to be worth its cost, it must not only create a short-term economic boost but also generate lasting value. Home Star would do that by breaking down the key barrier between homeowners and money-saving retrofits: upfront costs.

Leveraging private capital, the rebates would enable the renovation of 3 million homes for a fraction of the federal investment. The savings for homeowners — between $200 and $500 a year in reduced energy bills — would be invaluable to families throughout the country.

Investing in efficiency is a critical step toward addressing our nation’s growing energy crisis and our planet’s growing climate crisis. Homes and buildings, many of which are old and drafty, eat up 40 percent of the energy America uses.

These inefficiencies detract from our national security by leaving us reliant on foreign oil; and they exacerbate climate change by forcing us to produce far more energy than we need.

While the thorny politics of energy policy have, so far, prevented Congress from passing comprehensive energy legislation, the low-hanging fruit of efficiency will move us in the right direction.

Vermont has shown that efficiency works. Our state energy efficiency utility cut Vermont’s energy use by 7 percent in its first seven years, reducing costs for homes and businesses by $31 million annually. Expanded nationally, Home Star could save as much energy as taking hundreds of thousands of cars off the road.

As Congress continues to look for ways to put Americans back to work, Home Star provides the perfect opportunity. In every congressional district, builders and contractors need work, homeowners need to save money, and leaking buildings need to be plugged.

Investing in efficiency is an investment in our families — and an investment in our economy.

Rep. Peter Welch (D-Vt.), a member of the House Committee on Energy and Commerce, is a sponsor of Home Star legislation and wrote an energy efficiency retrofit bill passed by the House last year.

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Renewable energy standards challenges reportedly over for session

March 11th, 2010

By Phil Riske

Managing Editor, Rose Law Group Reporter

A second bill to strip the Arizona Corporation Commission’s (ACC) power to set renewable energy standards will not be heard this session.

Rep. Carl Seel, an unsuccessful candidate for the commission in the 2004 Republican primary against Kris Mayes, prefiled a bill this year (H2381) that would give the Legislature “the exclusive power, authority and jurisdiction to set statewide renewable energy policy,” but there are no more committee hearings in the House, other than Appropriations.

Solar industry and GOP leadership backlash against a bill (H2701) proposed by Rep. Debbie Lesko forced her to withdraw the measure, which would have stripped

ACC's Kris Mayes (left) and Rep. Lucy Mason discuss energy matters

the ACC of its ability to establish Arizona’s renewable energy portfolio and permitted the Legislature to count nuclear energy in the portfolio.

The commission passed its Renewable Energy Standard Tariff (REST) in 2006, which sets a target for utilities to source 15 percent of their energy from renewable sources by 2025.

In response to Lesko’s bill, Governor Jan Brewer and Speaker Kirk Adams let it be known Arizona intends to be a solar power among the states.

”About 87 percent of Arizona voters had given their stamp of approval to renewable power during a poll conducted by the commission to seek public opinion on the energy standard when it was still being proposed.

Seel’s bill was held by House Water and Energy Committee Chairman Lucy Mason.

“It was a bad bill,” she told Rose Law Group Reporter this morning.

Seel, who rounded up 15 fellow conservatives as cosponsors who say the state Constitution gives the Legislature authority over REST, says he doesn’t know if he will resubmit the bill next session.

“The issue here is still an alive one,” he told Rose Law Group Reporter this morning.

The Goldwater Institute lost a lawsuit after RES was made law, questioning the constitutionality of forcing electric utilities to meet certain levels of renewable energy in their portfolio or to levy a tariff through customer bills to help pay for it. The institute has not filed lawsuits regarding other commission-imposed tariffs.

The Arizona Supreme Court ruled for the commission and its right to regulate utilities “in the absence of any legislation” that would challenge that right.” Goldwater has appealed.

Seel bill

Seel’s bill said the state and its political subdivisions are prohibited from requiring a public power entity or a public service corporation to purchase or provide a specific percentage or amount of the total energy provided or sold from renewable energy sources, and the Legislature reserves that authority, with some exceptions.

Cosponsors: Rep. Antenori, Rep. Ash, Rep. Burges, Rep. Crump, Rep. Gowan, Rep. Kavanagh, Rep. Montenegro, Rep. Stevens, Rep. Jim Weiers, Rep. Jerry Weiers, Sen. S. Allen, Sen. Gould, Sen. Harper, Sen. Melvin, Sen. Pearce

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 30, Arizona Revised Statutes, is amended by adding chapter 7, to read:

CHAPTER 7

RENEWABLE ENERGY

ARTICLE 1.  GENERAL PROVISIONS

30-901.  Renewable energy; prohibition; consumer choice; definitions

A.  THIS STATE AND ITS POLITICAL SUBDIVISIONS ARE PROHIBITED FROM REQUIRING A PUBLIC POWER ENTITY OR A PUBLIC SERVICE CORPORATION TO PURCHASE OR PROVIDE A SPECIFIC PERCENTAGE OR AMOUNT OF THE TOTAL ENERGY PROVIDED OR SOLD BY THE PUBLIC POWER ENTITY OR PUBLIC SERVICE CORPORATION FROM RENEWABLE ENERGY SOURCES.

B.  EVERY RETAIL UTILITY CUSTOMER HAS THE RIGHT TO CHOOSE WHETHER THE CUSTOMER RECEIVES AND PAYS FOR ENERGY GENERATED THROUGH A RENEWABLE ENERGY SOURCE.

C.  FOR THE PURPOSES OF THIS SECTION:

1.  ”PUBLIC POWER ENTITY” MEANS ANY MUNICIPAL CORPORATION, CITY, TOWN OR OTHER POLITICAL SUBDIVISION THAT IS ORGANIZED UNDER LAW, THAT DISTRIBUTES OR OTHERWISE PROVIDES ELECTRICITY TO RETAIL CUSTOMERS IN THIS STATE AND THAT IS NOT A PUBLIC SERVICE CORPORATION.

2.  ”RENEWABLE ENERGY” INCLUDES THE PRODUCTION AND DISTRIBUTION OF SOLAR, WIND, BIOMASS, GEOTHERMAL, NUCLEAR, AGRICULTURAL WASTE, LANDFILL GAS AND HYDROELECTRIC POWER.

Sec. 2.  Title 41, chapter 7, Arizona Revised Statutes, is amended by adding article 14, to read:

ARTICLE 14.  RENEWABLE ENERGY

41-1295.  Legislative authority; renewable energy; definition

A.  THE LEGISLATURE RESERVES THE EXCLUSIVE POWER, AUTHORITY AND JURISDICTION TO SET FORTH STATEWIDE RENEWABLE ENERGY POLICY, EXCEPT:

1.  IF THE LEGISLATURE HAS EXPRESSLY DELEGATED AUTHORITY TO OTHER AGENCIES, DEPARTMENTS OR POLITICAL SUBDIVISIONS OF THIS STATE TO ADMINISTER CLEARLY ARTICULATED STATEWIDE LEGISLATIVE POLICY.

2.  UTILITY RATE SETTING TO THE EXTENT DELEGATED BY THE STATE CONSTITUTION TO OTHER AGENCIES, DEPARTMENTS OR POLITICAL SUBDIVISIONS OF THIS STATE.

B.  THIS SECTION DOES NOT SUPERSEDE ANY EXISTING AUTHORITY OF POLITICAL SUBDIVISIONS OF THIS STATE TO ADOPT AND ENFORCE LOCAL RENEWABLE ENERGY POLICY THAT DOES NOT CONFLICT WITH STATEWIDE RENEWABLE ENERGY POLICY SET BY THE LEGISLATURE.

C.  FOR THE PURPOSES OF THIS SECTION, “RENEWABLE ENERGY POLICY” INCLUDES TARGETS, MANDATES, TAX CREDITS AND INCENTIVES RELATING TO AND THE REGULATION OF THE PRODUCTION AND DISTRIBUTION OF SOLAR, WIND, BIOMASS, GEOTHERMAL, NUCLEAR, AGRICULTURAL WASTE, LANDFILL GAS AND HYDROELECTRIC POWER.

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EXCLUSIVE: Tucson occupational tax on the table UPDATED

March 10th, 2010

By Phil Riske

Managing Editor, Rose Law Group Reporter

Deep within a Tucson budget document* obtained by Rose Law Group Reporter is a proposal for an occupation or “head tax” that would be assessed on businesses and employees that operate and live within the city, as the city struggles with an estimated $45-65 million deficit.

The document mentions Denver’s Occupational Privilege Tax of $4/month on businesses and $5.75/month on employees as an example of the tax, but does not propose an amount for Tucson.

Such a tax, if enacted, would not be new to Tucson. In January, 2008, the council adopted an annually renewable license fee to replace the occupation tax.

The budget document recognizes the “disadvantages” to businesses and employees struggling in the current down economy and a disincentive against new businesses to locate in the city.

“The action would not be viewed as business-friendly,” the document understated.

“The source of the idea for this potential tax was a council member,” Marie Nemerguth, budget and internal audit director, told Rose Law Group Reporter.

Initial discussion of  ”this option” is scheduled for March 23, she said.  If it grows legs, staff will then estimate revenues from such a tax, the 152-page document stated.

The occupation tax was listed on pages 99 and 100 (below).

City spokesman Michael Carson told Rose Law Group Reporter every option is on the table for the city budget, which is estimated at $45-65 million.


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