Posted by
Ron Devito on Sunday, June 28, 2009 6:54:03 PM
By Gov. Sarah Palin
Spectrum
Published in the
Mat-Su Valley Frontiersman on Saturday, June 27, 2009 10:12 PM AKDT
It
is important for Alaskans to know that while state legislators resolved
to accept all federal stimulus funds, I vetoed $28.6 million for state
energy programs because it came with conditions. Many have looked at
this money and did not see any strings. I can assure you, if we accept
these funds there is great potential for Alaska to find itself on the
hook (Palin, 2009, ¶1).
Let me set the record straight: Alaska
has made significant investments to reduce energy costs. In fiscal
years 2009 and 2010, we committed more than $600 million for renewable
energy, weatherization, home energy rebates, power cost equalization
and heating assistance (Palin, 2009, ¶2).
In addition, Alaska
will receive $18.5 million for weatherization and $9.6 million for
energy efficiency from the federal stimulus package. But the other
$28.6 million comes with strings attached (Palin, 2009, ¶3).
Statements
made by Congress and the U.S. Department of Energy (USDOE) on
conditions for receiving the stimulus funds are available in statutory
language and guidance. These statements highlight that: (Palin, 2009,
¶4)
- Before the stimulus bill passed, it was
clear Congress intended to tie the funds to adoption of new energy
building codes (Palin, 2009, ¶5).
- When Congress passed
the bill, section 410’s language was clear: governors had to certify in
writing that their state or all local jurisdictions with authority to
adopt building codes would “implement” the new energy building codes or
their equivalent (Palin, 2009, ¶6).
- After the stimulus
passed, the USDOE confirmed in their March 12 and April 24 guidance
manuals that funding was only available if governors would confirm in
writing that the state or all local jurisdictions with authority to
adopt building codes “will implement” the target codes or their
equivalents (Palin, 2009, ¶7).
- After Alaska pointed out
that its requirements were unreasonable, USDOE admitted the
requirements were “not appropriate” for every state and offered to
accept instead, a promise by the governor to promote the target codes
on Alaska communities (Palin, 2009, ¶8).
- On June 6,
2009, USDOE’s contractor developing measurement and reporting
requirements related to energy building codes repeated in writing the
position that all local communities without the target codes or an
equivalent had to adopt the target codes (Palin, 2009, ¶9).
The bottom lines are: (Palin, 2009, ¶10)
- My
administration was well-justified in its interpretations of what
section 410 and USDOE statements were requiring as conditions to
qualify for the funds. In some cases, the conditions were greater in
scope than what the Legislature found (Palin, 2009, ¶11).
- While
USDOE admitted that their requirements were not appropriate for every
state, the department was still requiring the governor to push the
target codes on Alaska communities (Palin, 2009, ¶11).
- In
the June 6, 2009, draft compliance document, USDOE again put a position
in writing that codes must be adopted. USDOE appears to be giving
inconsistent verbal statements on its position. The fact that USDOE
cannot settle on a position is cause for concern particularly regarding
what USDOE will ultimately require from states who accept the funds
(Palin, 2009, ¶12).
- Section 410 requires adoption of
the 2009 International Energy Code for residential buildings and the
Standard 90.1-2007 for commercial buildings or their equivalents. So,
it is a single standard for energy savings that must be met by all
communities. In that sense it is a one-size-fits-all type requirement.
Communities may have some leeway to shape their specific codes, but
they still have to adopt a code that does not drop below the federally
mandated “floor” for energy savings (Palin, 2009, ¶13).
It
is unclear what changes could be made and still reach the minimum
savings level set by the feds. This intrudes on the authority of local
governments (Palin, 2009, ¶14).
While the draft guidelines are
voluntary for now, Alaskans should not be complacent. These guidelines
could very well become mandatory over the next few years and be used by
the USDOE to conclude that a particular state is not in compliance
(Palin, 2009, ¶15).
Alaska is already a leader among states in
pursuing conservation, weatherization, and renewable energy. We’ve done
so largely with state funds and without infringing on the local
authority of Alaska communities (Palin, 2009, ¶16).
Sarah Palin is governor of Alaska.
Commentary
It's
too bad, Sarah Palin is not President of the United States, though in
many respects she is doing his job for him and doing it very well, as
we have seen with her overseas trip.
Governor Palin built a
strong, cogent case as why she vetoed this poisoned money -- it comes
complete with breaches of the Tenth Amendment. Local Alaskan
communities manage their energy matters just fine without federal
interference and its concomitant costs.
References
Palin, S.L.H. (2009, June 27). "One more time on federal energy funds." Mat-Su Valley Frontiersman. Retrieved June 28, 2009 from: http://www.frontiersman.com/articles/2009/06/28/opinion/columnists/doc4a4707cbc96ed839059305.txt