Arizona Proposition 127, Renewable Energy Standards Initiative (2018)
| Arizona Proposition 127 | |
|---|---|
 | |
| Election date November 6, 2018 | |
| Topic Energy | |
| Status On the ballot | |
| Type Constitutional amendment | Origin Citizens |
Arizona Proposition 127, the Renewable Energy Standards Initiative is on the ballot in Arizona as an initiated constitutional amendment on November 6, 2018.[1]
| A "yes" vote supports this constitutional amendment to require electric utilities that sell electricity in Arizona to acquire electricity from a certain percentage of renewable resources each year, with the percentage increasing annually from 12 percent in 2020 to 50 percent in 2030. |
| A "no" vote opposes this constitutional amendment to require electric utilities that sell electricity in Arizona to acquire electricity from a certain percentage of renewable resources, thereby leaving the state's existing renewable energy requirements of 15 percent by 2025 in place. |
Overview
Proposition 127 would increase the state's renewable portfolio standards (RPS). An RPS is a mandate that electric utilities acquire a minimum amount of electricity from renewable energy sources. As of 2018, Arizona's RPS is 15 percent by 2025. Proposition 127 would increase the RPS to 50 percent by 2030. The initiative would define renewable energy to include sources such as solar, wind, biomass, certain hydropower, geothermal, and landfill gas energies. Specifically, Proposition 127 would require an increased RPS each year until reaching 50 percent in 2030.[1]
Proposition 127 would task the Arizona Corporation Commission (ACC) with enforcing the initiative's standards.[1] The ACC is an elected, five-member executive commission that oversees public utilities in the state. Republicans control the commission's five positions. In November 2018, voters will elect candidates to two positions of the ACC. Due to House Bill 2005, which the Arizona State Legislature passed in March 2018, the ACC would be required to penalize violations of Proposition 127 as civil penalties, meaning electric utilities that violate the standard would be fined between $100 to $5,000.[2] Sandy Bahr, a lobbyist for the Sierra Club, argued that the goal of HB 2005 was to make violating the initiative low-risk to electric utilities. Rod Ross, a lobbyist a lobbyist for the state's largest electric utility Arizona Public Service, said HB 2005 protected residents from an out-of-state initiative.[3]
Note: The campaign finance information on this page is according to the most recent scheduled reports, which covered through August 20, 2018. The deadline for the next scheduled reports is October 15, 2018.
NextGen Climate Action is taking actions to increase renewable portfolio standards (RPS) in both Nevada and Arizona in 2018, financing the campaigns behind Arizona Proposition 127 and Nevada Question 6. Both ballot initiatives would require utilities to generate or acquire 50 percent of their electrical power from renewable resources by 2030, thus putting them on par with neighboring California's RPS. Tom Steyer, the founder of NextGen Climate Action, said, "It turns out Nevada is the Saudi Arabia of solar energy in the United States, and Arizona is number two."[4] In Arizona, the NextGen-backed campaign is called Clean Energy for a Healthy Arizona. The campaign raised $8.26 million.[5]
In Arizona, Pinnacle West Capital Corporation is funding the campaign to oppose Proposition 127, which is called Arizonans for Affordable Electricity. Pinnacle West is the parent firm of Arizona Public Service (APS), the state's largest electric retail provider.[6] The campaign raised $11.05 million to oppose Proposition 127.[5]
Between the support and opposition campaigns, more than $19.30 million had been raised surrounding Arizona Proposition 127.[5]
In 2018, voters in Arizona, Nevada, and Washington will decide ballot initiatives designed to reduce the use of fossil fuels and increase the use of renewable resources. In Arizona and Nevada, the environmental organization NextGen Climate Action is financing ballot initiatives, Arizona Proposition 127 and Nevada Question 6, to require electric utilities to acquire 50 percent of their power from renewable sources. In Washington, electors will vote on a Initiative 1631 to enact a fee on carbon emissions from power plants, refineries, and other specified emitters. According to Robinson Meyer of The Atlantic, carbon fees internalize the negative social and environmental costs of climate change into the economic market.[7] Voters in Nevada will also consider a ballot initiative, Question 3, to eliminate electricity monopolies and require a competitive energy market. Although Question 3 would not directly affect the use of renewable resources in Nevada, supporters and opponents of the initiative are campaigning on the issue, contending that deregulation would either increase or decrease the use of renewable resources.[8]
Text of measure
Ballot title
The ballot title is as follows:[9]
Ballot summary
The ballot summary is as follows:[9]
Full text
The full text of the measure is available here.
Support
Clean Energy for a Healthy Arizona is leading the campaign in support of Proposition 127.[11]
Supporters
Organizations
Individuals
- Tom Steyer[13]
Arguments
- Tom Steyer, founder of NextGen Climcate Action, said, "It actually will lead to lower costs and save a lot of money for consumers. It leads to clean air and a lot better health outcomes for Arizonans, and it should create literally tens of thousands of jobs in the state of Arizona."[13]
Opposition
Arizonans for Affordable Electricity is leading the campaign in opposition to Proposition 127.[14]
Opponents
Organizations
- Gila County Republican Committee[15]
Utilitites
- Pinnacle West Capital Corporation[16]
- Tucson Electric Power Co.[17]
- Salt River Project[18]
Arguments
- Matthew Benson, spokesperson for Arizonans for Affordable Electricity, said, "Everyone supports renewable energy. The question is whether we are going to have an Arizona plan that is created and implemented by Arizona leaders and officials, or whether we're going to have a plan crammed down our throats by a political activist from California."[13]
Campaign finance
| Total campaign contributions: | |
| Support: | $8,257,670.92 |
| Opposition: | $11,048,300.00 |
Clean Energy for a Healthy Arizona, a political action committee, was registered to support Proposition 127. The PAC had raised $8.26 million and expended $8.71 million (expenditures exceed contributions due to debt). NextGen Climate Action provided 99.996 percent of the committee's funds.
Arizonans For Affordable Electricity registered to oppose Proposition 127. The PAC raised $11.05 million from Pinnacle West Capital Corporation. The PAC expended $10.40 million.[5]
Support
The following table includes contribution and expenditure totals for the committee in support of Proposition 127:[5]
|
| |||||||||||||||||||||||
Donors
The following was the top donor who contributed to the support committee:[5]
| Donor | Cash | In-kind | Total |
|---|---|---|---|
| NextGen Climate Action | $8,050,001.01 | $207,346.67 | $8,257,347.68 |
Opposition
The following table includes contribution and expenditure totals for the committee in opposition to Proposition 127:[5]
|
| |||||||||||||||||||||||
Donors
The following was the top donor who contributed to the opposition committee:[5]
| Donor | Cash | In-kind | Total |
|---|---|---|---|
| Pinnacle West Capital Corporation | $10,975,000.00 | $73,300.00 | $11,048,300.00 |
Reporting dates
In Arizona, ballot measure committees file a total of six campaign finance reports in 2018. The filing dates for reports are as follows:[19]
Background
House Bill 2005
House Bill 2005 (HB 2005) was designed to make violations of the initiative's renewable energy standard a civil penalty, meaning electric utilities that violate the standard would be fined between $100 to $5,000.[2][20] On March 21, 2018, the Arizona State Senate passed the bill 16-12. On March 22, 2018, the Arizona House of Representatives approved the bill 34-24.[2] Gov. Doug Ducey (R) signed the bill on March 23, 2018.[21]
Sandy Bahr, a lobbyist for the Sierra Club, argued that the goal of HB 2005 was to make violating the initiative low-risk to electric utilities. She said, "Everyone knows that if the cost of noncompliance is cheaper than the cost of compliance, entities will serve their shareholders, not consumers, and take the low road and pay the fines." Rod Ross, a lobbyist for the state's largest electric utility Arizona Public Service, said, "We feel like its important to protect the people of this state from an out-of-state initiative funded by a California billionaire that is attempting to raise our state's and our residents' energy prices, which is exactly what this initiative will do."[3]
Renewable energy standards
As of 2018, 29 states had renewable portfolio standards (RPS). An RPS is a mandate to electric utilities to generate a minimum amount of electricity from eligible renewable energy sources. California and Hawaii had the highest future requirement, as of 2018, at 100 percent by 2045. The following list provides details on the different state RPS laws:[22]
| State | Amount | Year |
|---|---|---|
| Arizona | 15% | 2025 |
| California | 100% | 2045 |
| Colorado | 30% (IOUs) or 10%-20% (municipalities and co-ops) | 2020 |
| Connecticut | 27% | 2020 |
| Delaware | 25% | 2025-2026 |
| Hawaii | 100% | 2045 |
| Illinois | 25% | 2025-2026 |
| Iowa | 105 MW (IOUs) | N/A |
| Maine | 40% | 2017 |
| Maryland | 20% | 2022 |
| Massachusetts | 15%+1% each year thereafter (Class I) and 5.5% (Class II) | 2020 |
| Michigan | 15% | 2021 |
| Minnesota | 26.5% (IOUs) and 25% (other utilitites) | 2025 |
| Missouri | 15% (IOUs) | 2021 |
| Montana | 15% | 2015 |
| Nevada | 25% | 2025 |
| New Hampshire | 24.8% | 2025 |
| New Jersey | 24.5% | 2020 |
| New Mexico | 20% (IOUs) and 10% (co-ops) | 2020 |
| New York | 50% | 2030 |
| North Carolina | 12.5% (IOUs) and 10% (municipalities and co-ops) | 2021 (IOUs) and 2018 (municipalities and co-ops) |
| Ohio | 25% | 2026 |
| Oregon | 50% (utilities with 3 percent or more of the state's load) and 10% (utilities with 1.5–3 percent of the state's load) and 5% (utilities with less than 1.5% of the state's load) | 2040 (utilities with 3% or more of the state's load) and 2025 (utilities with 3% or less of the state's load) |
| Texas | 10,000 MW | 2025 |
| Pennsylvania | 18% | 2020-2021 |
| Vermont | 75% | 2032 |
| Washington | 15% | 2020 |
| Wisconsin | 10% | 2015 |
Path to the ballot
The state process
In Arizona, the number of signatures required to qualify an initiated constitutional amendment for the ballot is equal to 15 percent of votes cast for governor in the most recent gubernatorial election. Petitions can be circulated for up to 24 months. Signature petitions must be submitted four months prior to the election at which the measure is to appear.
The requirements to get initiated constitutional amendments certified for the 2018 ballot:
- Signatures: 225,963 valid signatures were required.
- Deadline: The deadline to submit signatures was July 5, 2018.
If the secretary of state certifies that enough valid signatures were submitted, the initiative is put on the next general election ballot. The secretary of state verifies the signatures through a random sampling of 5 percent of submitted signatures working in collaboration with county recorders. If the random sampling indicates that valid signatures equal to between 95 percent and 105 percent of the required number were submitted, a full check of all signatures is required. If the random sampling shows fewer signatures, the petition fails. If the random sampling shows more, the initiative is certified for the ballot.
Details about the initiative
The ballot initiative was filed with the secretary of state on February 20, 2018.[1] Clean Energy for a Healthy Arizona reported filing 480,464 signatures on July 5, 2018. At least 225,963 (47.03 percent) of the filed signatures need to be valid for the initiative to make the ballot. On August 15, 2018, the secretary of state reported that enough signatures had been validated to certify this initiative for the November 2018 election.[23]
Leach v. Reagan
| Lawsuit overview | |
| Issue: Did Proposition 127 violate the state's strict compliance standard for signature gathering and petition language? | |
| Court: Maricopa County Superior Court and Arizona Supreme Court | |
| Ruling: Proposition 127 did not violate the state's strict compliance standard for signature gathering and petition language. | |
| Plaintiff(s): Rep. Vince Leach (R-11), Rep. John Kavanagh (R-23), Mesa Mayor John Giles, and five other individuals | Defendant(s): Secretary of State Michele Reagan (R) and local election boards |
| Plaintiff argument: Petitioners failed to strictly follow state laws by not disclosing the actual financial backer of the initiative on petitions, firing signature gatherers based on quotas, submitting deficient petition sheets, providing a misleading title and summary on petitions | Defendant argument: The petitioners sufficiently complied with state laws and petitions included enough valid signatures to qualify the initiative for the ballot |
On July 19, 2018, eight individuals filed litigation against Secretary of State Michele Reagan (R) and local election boards in the Maricopa County Superior Court, stating that the campaign behind the initiative—Clean Energy for a Healthy Arizona—violated the state's strict compliance standard for signature gathering. Plaintiffs included Rep. Vince Leach (R-11), Rep. John Kavanagh (R-23), and Mesa Mayor John Giles. The filing said the campaign made the following violations:[24]
- failed to disclose the actual financial backer and administrative director of the initiative on petitions;
- terminated signature gatherers for not meeting signature quotas;
- submitted petition sheets that included deficiencies, including 195,339 signatures of people not registered to vote;
- gave the ballot initiative a misleading title; and
- gave the ballot initiative a misleading summary.
Matt Benson, a spokesperson for the opposition PAC Arizonans for Affordable Energy, said, "There are a laundry list of issues. But the point is, even all of those issues aside, obvious blatant deficiencies account for more than 300,000 signatures and push them well below the minimum threshold." Rodd McLeod, a spokesperson for Clean Energy for a Healthy Arizona, responded to the litigation, saying, "We are confident we have more valid signatures than the law requires and regard this lawsuit as foolish." He called the lawsuit "a desperate attempt to deny choice on what kind of energy we want to have in the future."[25]
On July 31, 2018, Judge Daniel Kiley decided that the initiative could not be removed from the ballot due to a failure to disclose financial backers on petitions.[26] On August 27, 2018, Kiley rejected the other arguments for removing Proposition 127 from the ballot. Petitioners appealed to the case to the Arizona Supreme Court, which also sided with defendants on August 29, 2018.[27]
Related measures
How to vote
- See also: Voting in Arizona
Poll times
In Arizona, all polling places are open from 6:00 a.m. to 7:00 p.m. local time. An individual who is in line at the time polls close must be allowed to vote.[28][29]
Registration requirements
To vote in Arizona, one must be a citizen of the United States and a resident of an Arizona county. A voter must be 18 years or older on or before Election Day.[30]
To be eligible to vote in an election one must register at least 29 days prior to the election. A citizen can register online, in person at the county recorder's office, or by mail.[30]
Citizens must provide proof of citizenship to register to vote. Acceptable forms of documentation include birth certificates, passports, and U.S. naturalization documents. On June 4, 2018, Secretary of State Michele Reagan announced that proof of citizenship would not be required of individuals who have already provided such proof to the state department of motor vehicle. Reagan also announced that the state would allow individuals who registered without providing proof of citizenship to cast ballots in federal elections (though not in state or local elections).[30][31]
Online registration
- See also: Online voter registration
Arizona has implemented an online voter registration system. Residents can register to vote by visiting this website.
Voter ID requirements
To vote on Election Day in Arizona, a voter must present some form of identification at the polls. The identification does not necessarily need to include a photo. Proposition 200, approved by voters in 2004, required voters to present evidence of U.S. citizenship prior to voting. On June 17, 2013, the Supreme Court of the United States ruled that states cannot require proof of citizenship in cases of voter registration for federal elections unless the state receives federal or court approval to do so. The court ruled 7-2. Justices Samuel Alito and Clarence Thomas dissented.[32][33][34][35]
See also
External links
Information
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Arizona Secretary of State, "Initiative," accessed February 21, 2018
- ↑ 2.0 2.1 2.2 Arizona State Legislature, "House Bill 2005," accessed March 22, 2018
- ↑ 3.0 3.1 Payson Roundup, "State senate moves to negate alternative energy initiative," March 15, 2018
- ↑ The Nevada Independent, "Megadonor Tom Steyer gets behind Nevada renewable energy ballot measure, criticizes DREAM Act negotiations," February 12, 2018
- ↑ 5.0 5.1 5.2 5.3 5.4 5.5 5.6 5.7 Arizona Secretary of State, "Campaign Finance Committee Search," accessed April 2, 2018
- ↑ Tennessean, "APS spends big to keep clean-energy measure off ballot – but what was paid for isn't clear," July 17, 2018
- ↑ The Atlantic, "Will Washington State Voters Make History on Climate Change?" August 15, 2018
- ↑ Nevada Current, "What Question 3 and Question 6 say about renewable energy," August 23, 2018
- ↑ 9.0 9.1 Arizona Secretary of State, "Proposition 127 - Sample Ballot," accessed September 11, 2018
- ↑ 10.0 10.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.
- ↑ Clean Energy for a Healthy Arizona, "Homepage," accessed February 21, 2018
- ↑ The Arizona Republic, "Ballot initiative aims to increase Arizona's use of renewable energy," February 11, 2018
- ↑ 13.0 13.1 13.2 Los Angeles Times, "California billionaire roils Arizona utilities with push for renewable energy," July 4, 2018
- ↑ Arizonans for Affordable Electricity, "Homepage," accessed August 6, 2018
- ↑ Payson Roundup, "Gila County Republican Committee Opposes Four Proposed Propositions," September 12, 2018
- ↑ Tucson.com, "Arizona utility puts $11M in election races, mostly to defeat renewable energy measure," July 18, 2018
- ↑ Tucson.com, "TEP to join opposition to Arizona clean-energy initiative," September 9, 2018
- ↑ The Arizona Republic, "SRP officials hotly contest clean-energy ballot measure," September 10, 2018
- ↑ Arizona Secretary of State, "Elections Calendar & Upcoming Events," accessed December 6, 2017
- ↑ KJZZ, "Proposed Law Could Let Arizona Utilities Easily Skirt Renewable Energy Requirements," March 21, 2018
- ↑ U.S. News, "The Latest: Gov. Ducey Signs Bill to Buck Clean Energy Plan," March 23, 2018
- ↑ NCSL, "State Renewable Portfolio Standards and Goals," July 20, 2018
- ↑
- ↑ Maricopa County Superior Court, "Leach v. Reagan," July 19, 2018
- ↑ The Daily Courier, "APS parent company looking to block voters from imposing renewable energy mandates," July 24, 2018
- ↑ Arizona Daily Sun, "Judge declines to block renewable energy vote," July 31, 2018
- ↑ Daily Miner, "Court approves clean energy initiative for ballot," August 31, 2018
- ↑ Arizona Revised Statutes, "Title 16, Section 565," accessed January 3, 2014
- ↑ Arizona generally observes Mountain Standard Time; however, the Navajo Nation observes daylight saving time. Because of this, Mountain Daylight Time is sometimes observed in Arizona.
- ↑ 30.0 30.1 30.2 Arizona Secretary of State, "Voter Registration and Education," accessed June 9, 2014
- ↑ Arizona Capitol Times, "Settlement removes hurdles to voter registration," June 4, 2018
- ↑ The Republic, "Supreme Court to weigh Arizona's voter-ID law," March 17, 2013
- ↑ KMBZ, "Supreme Court to Hear Challenge to Arizona Voter ID Law," March 17, 2013
- ↑ Yahoo News, "Supreme Court strikes down Arizona voter ID citizenship law," June 17, 2013
- ↑ Huffington Post, "Supreme Court Strikes Down Arizona Voter Registration Citizenship Requirement," June 17, 2013
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