Arizona Corporation Commission Defies Will of the Voters With Green New Deal Proposal

While so many Arizonans are preoccupied with COVID-19 numbers, Presidential bids, a destabilized economy and an uncertain school year, the already obscure Arizona Corporation Commission has quietly released their plan to impose California-style energy mandates in Arizona.

As drafted, the proposed energy mandate will lead to skyrocketing utility bills, ban future natural gas development and generation in Arizona, provide billions in subsidies and corporate welfare for inefficient and costly energy sources and ignores the will of the voters that have already spoken and oppose a statewide energy mandate.

The Commission is intentionally pushing controversial policies during a crisis

Aside from the multiple policy concerns the Club has with this proposal, it is extremely disconcerting and unfair to the ratepayers of Arizona that the commission is even considering moving forward with such a sweeping proposal during the current pandemic.

It is hard enough during normal times for citizens to engage in the byzantine format at the corporation commission. The entire process is confusing, lacks transparency and caters to the lawyers, lobbyists and political insiders who know how to use the system to their benefit.

Now, in the middle of a pandemic, the commission is forging ahead with sweeping new energy mandates while the public is focused on other critical issues. Even if the public was fully aware of what the commission is considering, due to social distancing and other Covid-19 restrictions, it is more difficult than ever for regular people to engage in the process. On the flipside, the insiders at the commission benefit from this arrangement because it amplifies their voice and influence at the commission.

Mandate will lead to higher utility bills

No matter how proponents attempt to spin this, imposing their own version of the Green New Deal will lead to higher utility bills for customers. This is because the proposal punishes any source of energy that does not meet this “clean” definition, irrespective of cost.

As has been pointed out by Commissioner Justin Olson in the past, the current 15% mandate imposed by the Commission in 2007 led to ratepayers overpaying for their electricity by over $1 Billion Dollars. This was caused largely by forcing utilities to adopt renewable energy sources with little regard to the cost of construction or generation. It is inevitable that this new proposal will suffer the same costly result.

This proposal does not require utility providers or the commission to prioritize affordability regarding clean energy sources. Instead it imposes large scale mandates for clean sources and ignores the cost implications for ratepayers.

The good news for supporters of clean energy technology is that ratepayer affordability can be prioritized while developing some types of clean energy.  For example, industrial grade solar is now selling for as little as 3 cents/kilowatt when operating at peak levels, beating other fossil fuel competitors and nuclear. Industrial grade solar could easily be paired with other base load power sources (such as natural gas) that would be a win-win for ratepayers and supporters of clean energy.

Proposal Bans Future Natural Gas Development

It is clear from the staff proposal that the long-term goal of this clean energy mandate is to ban future fossil fuel use in Arizona, including the development and construction of natural gas power plants. Suffice to say this would be a huge mistake and very costly for ratepayers.

Natural gas has become one of the cheapest, most reliable and clean energy sources available in the United States. This is largely due to the fracking boom, which has guaranteed our energy security and independence for decades to come.

Additionally, natural gas is by far the most affordable and dependable fuel to use in conjunction with industrial grade solar. The idea that the commission is going to ban this source from future expansion is a disastrous policy decision that will damage both ratepayers and our economy.

Corporate Welfare for Rooftop Solar

Included in the energy mandate proposal is a requirement for clean energy generation to come from rooftop solar.  It is difficult to see how the inclusion of this policy carve-out as a required clean energy source as anything more than a special interest giveaway to a politically connected group at the Commission.

Lazard is a nationally recognized firm that produces an annual report showing the true cost of energy production by different sources, both subsidized and unsubsidized. Not surprisingly, the report shows that natural gas, industrial grade solar and geothermal are the most cost-effective sources of energy. The most expensive? Residential Rooftop Solar. And it’s not even close.

Given the superior energy alternatives that exist (including various types of solar energy generation), it makes no sense to force ratepayers to pay higher utility bills to subsidize more rooftop solar. The only beneficiaries from this corporate welfare are the rooftop solar companies that will be cashing in on the mandate.

Proposed Rules Ignore the Will of the Voters

In November 2018, Arizona voters soundly rejected the idea of increasing renewable energy standards. Ratepayers recognized that increasing the renewable energy mandate would result in higher utility bills and potentially destabilize the power grid. That is why 68% of Arizona voters rejected the idea.

Yet the proposed energy rules and amendments being offered by Commissioner Burns and Kennedy are almost a carbon copy of what voters opposed. It appears they don’t care what voters think and that they know better.

Fortunately, we are still in the early stages of the rulemaking process at the Corporation Commission, which means voters still have time to have their voices heard.  We cannot let the commission adopt their own version of the Green New Deal that will be disastrous for Arizona ratepayers and the economy.

Parents Should #WalkAway From Public Schools Unwilling to Educate AZ Kids

The would-be school year is fast approaching and thousands of parents across Arizona are panicking. 

How will their children learn this year?  When will they have a physical place to go?  Will parents be able to return to work?  Will they have to pay for tutors out of pocket? 

With most of the critical reopening decisions now in the hands of Superintendent Kathy Hoffman, school districts and ultimately the teachers’ union, it’s obvious now that crafting a system that works for parents and kids won’t be the top priority for the educational establishment.  Every decision from here on out will be to cater to the desires of administrators and teachers. Period.

Come August 17th, district school families will be forced to accept whatever dysfunctional Covid-schooling platform that is thrusted into their laps.  Parents of low-income families will be hit the hardest, especially those who can’t work from home. Special needs children will be hung out to dry. Kids in abusive households will continue to have no escape from a hostile environment.

And if any parent or taxpayer questions why their needs appear to be secondary to those of the educational establishment, they are immediately shouted down and told that they just want people to die.  So what if your child needs in person learning—you should just accept paying unlimited amounts in taxes to feed a substandard educational system that only adds to the chaos in your life.

Even more infuriating is the “solution” now being offered to parents that require in person schooling to address their work/life situations. Rather than open up for learning, several school districts are now offering paid childcare services

That’s right – residents already paying over half of their state taxes to education are now expected to pay to have their kids in school to not learn.   Representatives of the teachers’ union claim it is too risky to teach kids in a classroom, but apparently it is plenty safe to not teach them in a classroom. 

Parents and kids deserve better than this. 

Families were willing to extend grace at the end of the school year when districts scrambled to reformat the educational experience for online and distant learning.  The legislature passed emergency measures to ensure funding would be uninterrupted. And instead of developing a real plan that catered to families that MUST HAVE in person learning, the school districts and education lobby instead put all their time and energy into a public relations campaign to push back the start date of school to October 1st

It should be noted that there are many schoolteachers and administrators ready and willing to resume in person learning.  Afterall, through the peaks and valleys of the pandemic, essential workers have stepped up and done their jobs.  Truck workers continued to deliver critical goods, grocery store workers continued to stock shelves, and doctors and nurses continued to man hospitals and treat the unwell.  Those teachers that recognize that education is an essential service and wish to provide in person learning to our children should not be stopped by administrators and union thug bosses.

If district schools believe that there is no limit to the mistreatment of hardworking families, they are in for a rude awakening.  Most parents are very supportive of their local district school, but they will have no problem walking away from a broken K-12 system if it benefits their child.   

They may not be vocal or have active twitter accounts, but these parents are paying attention and are wide awake to this rolling disaster. They are thinking creatively about education and observing more closely than ever the best ways in which their children learn.  This will lead to rapid innovation and adoption of flexible models. 

Post-pandemic, there may very well be an explosive demand for testing new educational models, from micro-schools, “forest schools,” digital classrooms, to expanded ESAs.  An educational Renaissance is a possible and welcome outcome. 

Misleading Ballot Initiatives Should Be Thrown Out By The Courts

There is an obvious reason why our state is constantly being preyed upon by out of state interests, pushing radical ideas every cycle at the ballot box as “citizen initiatives”. Arizona has exceptionally low standards for qualification compared to other states.  

Despite extremely high stakes, (if an initiative passes it is basically permanent and can never be changed), none of the best practices applied in other states have been adopted.  A measure only requires a simple majority passage.  Proponents do not need buy-in from the whole state, only the major metropolitan areas.  There is no required sunset on the measure to allow an ever-changing electorate to revisit the issue.  And a measure need not be restricted to just one subject but instead may be packed with a myriad of policies even if the campaign only ever promotes one “winning” issue.  Even up to two years ago, campaigns could hire felons to collect signatures.

Most citizens intuitively know there is something wrong with the initiative process.  Polling done in 2019 demonstrated clearly that voters believe these measures are intentionally misleading and confusing.  Of those polled, 70 percent of individuals were concerned with ballot language being confusing and the intent difficult to understand.  This applied across party lines.

And groups pushing these initiatives have fully taken advantage of the confusion and lack of guardrails. 

Therefore, it was a major win in 2018 when groups challenged the InvestInEd initiative’s 100-word description for being misleading to voters and the courts ruled in their favor.  The education union had very clearly made several serious misrepresentations in their description to voters, by both omitting the fact that all taxpayers were going to see a tax increase as well as wrongly confusing their tax on the rich as percent increases not percentage-point increases. 

This set a new and needed precedent.  Initiative proponents cannot lie to voters to make their initiative seem more palatable.  In other circumstances, lying for material benefit is called fraud.

These radical measures are back this year and luckily so are the legal challenges. Although the education union has done much to rewrite the 2018 version of InvestInEd in their effort to make the public more accepting of a massive new tax increase, they have still failed to be completely transparent about what the measure purports to do.  Challengers are again making the argument that the 100-word summary of the petition which is usually what singers read (not the entire initiative language) omits critical information about the measure including that many businesses and higher income persons would see an almost 80 percent increase in their taxes.  The description also fails to mention that new funds generated do not only go to teachers but to any non-administrative employee.

Hopefully, the courts make the right decision again and do not erode the previous legal determinations.  Afterall, given the few safeguards in place to qualify a measure, the very least we can expect is proponents are not allowed to obfuscate the truth to get their proposal passed. 

Never-Trumper New York Billionaire Spending Big $$$ to Elect Liberal Republicans in Arizona

Arizona’s primary election took a strange twist this week when campaign finance reports revealed an obscure out-of-state group had dumped nearly $300,000 into Republican primary races throughout the state.

The mysterious group, Unite America, is spending big money to elect a slate of liberal Republicans facing tough primary opposition from conservative challengers. Their targets include supporting Heather Carter in LD 15, Michelle Udall in LD 25 and Joanne Osborne in LD 13. Most of their spending has been used to attack their conservative opponents, attempting to paint them as either unethical or closet liberals.

Who is Unite America? Until a couple of years ago, they were a boutique organization based out of Denver, Colorado that advocated for liberal niche issues such as independent redistricting, in-home universal voting and ranked choice voting.

That all changed last year when New York billionaire Kathryn Murdoch, daughter-in-law to Fox News mogul Rupert Murdoch, became their co-chair and primary funder. The liberal Murdoch has been active with both the Clinton Foundation and Clinton Climate Initiative and donated nearly $90,000 to the Hillary victory fund in 2016.  She is an outspoken Never-Trumper who supports giveaways to illegal immigrants, radical green new deal policies and Mike Bloomberg’s gun control agenda.

After she started bankrolling Unite America, Kathryn Murdoch has used the group to target conservatives in heavily republican districts around the country in an effort to replace them with moderate/liberal politicians who will back her agenda and vote with Democrats.  She has pledged $100 Million to these efforts, and now Arizona is in her crosshairs.

Based on the attacks levied so far, it is pretty obvious they will say or do anything to succeed in their quest, even if it means exposing themselves as unprincipled. For instance, in Legislative District 15 Unite America is distributing attack ads claiming that conservative Nancy Barto is a Hillary Clinton supporter that wanted her to be president. That’s right, the same New York Billionaire that worked for the Clinton Foundation, the Clinton Climate Initiative and supported Hillary for president is now funding anti-Hillary hit pieces against conservatives in a Republican Primary. It doesn’t get much swampier than that.

So, to all Arizona Primary voters in LD 13, LD 15 and LD 25—just say no to liberal New York Billionaires looking to buy elections in our state. These Never-Trumpers would not have parachuted into Arizona throwing money around if they did not believe their preferred candidates would deliver for them on open borders, gun control and the green new deal. Make sure to back the true conservatives in these races:

  • Steve Montenegro and Tim Dunn in LD 13
  • Nancy Barto in LD 15
  • Kathy Pearce and Rusty Bowers in LD 25

Vote for these candidates and tell these out of state liberal billionaires to take a hike.

“Second Chances” Criminal Justice Initiative is Radical and Dangerous

At a time when our country is witnessing unprecedented social upheaval and the undermining of the rule of law, the last thing Arizona needs is a liberal group from California funded by George Soros infiltrating our state to rewrite our criminal justice laws.

Yet that is exactly what the “Second Chances” initiative would do if passed in November. Unlike other sensible criminal justice reform efforts, this jail-break initiative would gut much needed protections to stop the release of dangerous predators into our neighborhoods and eliminate essential reporting and transparency requirements used to track criminal trends in the state.

Over the last several years the Free Enterprise Club has been a strong advocate for reasonable criminal justice reform efforts, including measured expansions of earned release credits for non-violent felons, requiring a criminal conviction in civil asset forfeiture cases, and ensuring individuals with a record can obtain any required licenses for employment. 

Many of these common-sense reforms were opposed by the very liberal groups now pushing this initiative, leaving one to question whether their commitment to criminal justice reform is more about politics than good public policy.

Soros Initiative Goes Too Far, Too Fast

When it comes to improving the criminal justice pool, one toe at a time makes the most sense.  Every tweak has consequences intended and unintended.  Unlike many other areas of policy, those consequences can leave literal carnage in their wake.  “Second Chances” dives head-first. 

For example, the initiative significantly expands the state’s Earned Release Credits (ERC) program by allowing for as much as a 50% reduction in an inmate’s sentence as well as making more felons eligible for the program.

Which criminals would benefit from the new ERC program?  Felons that defrauded an elderly couple out of their life savings, con artists engaging in extorsion and anyone convicted of selling fentanyl-laced drugs to minors.  Also, violent offenses that are pled down to non-violent offenses would be eligible as well. There is no exception or consideration for persons serving for non-violent offenses who are a part of a “security threat group” i.e. a gang member from being released early. 

And perhaps worst of all, current law does not allow inmates who were previously convicted of a violent or aggravated felony to be eligible.  “Second Chances” eliminates that exception.  Even if someone is serving for a drug offense currently, if they previously served 25 years for 2nd degree murder, they should not be treated the same as the person who does not have a violent record. 

The backers of the measure are clearly worried that their initiative will lead to more crime.  It is probably why they purposefully removed the reporting requirements by the Department of Corrections designed to collect meaningful data on any earned release credit program.  This intentional shift to remove transparency and accountability is a way to cover their tracks and dodge blame for creating more victims.

Furthermore, the initiative makes sweeping changes to the state’s mandatory sentencing system. The initiative eliminates the ability to charge repetitive offenders (such as someone who burglarizes 10 homes) more severely than someone who committed just one offense. Giving judges complete discretion to deviate from sentencing guidelines will lead to a wide spectrum of arbitrary sentences for the same offenses.

Initiative is Being Pushed by the Liberal Tides Network

So, who could possibly want to take a wrecking ball to Arizona’s criminal justice system?  The answer is liberal Silicon Valley residents who do not have to live in our neighborhoods once the prison doors swing wide open.  Second Chances is being bankrolled by Tides Advocacy, an arm of the Tides nexus that is funded by liberal billionaire George Soros.

It isn’t enough they’ve destroyed their own state.

In 2014 these same groups pushed Proposition 47 in California, which significantly lowered penalties for several criminal offenses.  Since then, property crimes and drug offenses have gone through the roof, adding to an already serious homelessness problem.  Fraudsters and organized theft rings are migrating to the state, knowing these offenses are no longer felonies and if caught, are likely not to be charged by county attorneys.

A coordinated jail break is just the start of the madness.

Criminal Justice Should NEVER be Done at the Ballot Box

The area of criminal justice reform is too complex and the effects too severe to be decided at the ballot box.  This is especially prescient given our inability to change voter approved laws due to the Voter Protection Act.  The drafters of “Second Chances” included language to make it clear that the legislature may only expand the generous benefits provided to convicted felons, they are not allowed to roll them back.

Backers are sure to spend a lot of time talking about the “Victim and First Responder” fund that is set up by transferring money from revenues from medicinal marijuana under this measure. Which is fitting because the initiative is sure to lead to a lot more victims.

Ultimately, Arizonans would be wise to not invite more chaos into our state.  “Second Chances, Rehabilitation, and Public Safety Act” is not about justice and it is not about compassion.  It will damage public safety, harm victims and is a tool being used by the left to further promote their agenda. Voters would be wise to vote NO come November.

Out of State Special Interests Continue to Dominate Arizona’s Initiative Process

When Arizona’s founding fathers sought to include a voter initiative process in Arizona’s constitution, the intended purpose was to provide regular citizens with a check against wealthy special interests and political insiders that often dominate the legislative process.

Yet it appears that the very system designed to curtail the influence of wealthy billionaires and the political establishment has been taken over by them. Even worse, the hijacking of the initiative process has been carried out primarily by out of state special interests parachuting into Arizona to buy their way onto the ballot box.  

In 2018, all of the high-profile ballot measures that qualified for the ballot were primarily funded by California billionaires and special interest groups. This campaign cycle is no different. Four initiatives appear to be on track to qualify for the November ballot. All four are being bankrolled by deep pocketed unions and liberal special interest groups from outside the state:

  • Healthcare Rising is an initiative seeking to make several radical changes to Arizona’s hospital system, has received 99.5 percent of their funding from the California chapter of the Services Employee International Union. Of the $3.2 million they have raised to date, only $14,000 (in the form of an in-kind contribution) has come from Arizona.
  • Criminal Justice Reform measure looking to overhaul Arizona’s sentencing guidelines has been 100 percent funded by Oakland based Tides Advocacy; a well-financed 501(C)(4) organization with close ties to George Soros and other major progressive donors.
  • Invest in Ed is an education measure looking to double the state income tax on small businesses and high earners in the state. Of their funding, 90 percent has come from Stand for Children, Inc., a liberal education group located in Portland, Oregon.
  • Smart and Safe is a proposal seeking to legalize marijuana in Arizona. Nearly half of their funding is from large dispensary corporations throughout the country who stand to profit immensely from the exclusive licenses that they will be granted if the ballot measure passes.

Arizona’s initiative process was never intended to be a petri dish for experimental policy cooked up by wealthy special interests from around the country. Yet that is what the process has devolved into because of the low standards that exist to purchase your way onto the ballot.

Based on the current signature requirements and constitutional protections for paying circulators to collect signatures, it is possible to gather enough signatures to qualify a measure for the ballot for around $2 Million dollars.

Though to most Arizonans that sounds like a lot of money, for wealthy donors and political players in California or Washington DC looking to promote radical reforms, $2 million is a small sum of money. Add in the fact that the initiative process is often seen as a way to increase voter turnout and force your political opponents to spend precious resources battling you at the ballot box, these types of financial investments are a no-brainer.

Can Arizona’s initiative process be fixed to protect it from outside influence? It’s possible, but it will require reforms geared toward increasing transparency and requiring more local support and involvement when collecting signatures for the ballot.

One reform worth considering is a geographic distribution requirement for signature collection. Under current Arizona law, initiative measures are not required to gather signatures from around the state in order to qualify for the ballot. Any group can make the ballot simply by gathering signatures from one large city or county.

Stipulating that initiatives must gather signatures from every legislative district would make it much more difficult for out of state special interests to parachute into Arizona and flood the Phoenix Metro area with paid circulators. Additionally, rural communities would gain a voice in the process since initiative groups would have to build support for their ideas in all corners of the state. Of the 27 states with a voter initiative or referendum process, 15 require a geographic distribution of signatures.

Another solution would be to limit the number of topics that may be included in an initiative. One factor that has made Arizona’s ballot measure process so attractive to groups around the country is the ability to include multiple issues in the same measure. Often referred to as log rolling, campaigns will include a few unrelated popular provisions in the initiative in order to provide political cover for other sweeping reforms of which voters are unaware. A single subject requirement, which already exists for all bills proposed at the legislature, would eliminate log rolling and reduce voter confusion at the ballot.

Arizona’s initiative process should not be for sale. It especially should not be controlled by special interests with deep pockets and no ties to our state. Fixing this problem won’t be easy, but should be an issue all Arizonans can rally around.