One more time on federal energy funds

By Gov. Sarah Palin
Spectrum
Published 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.

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.

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.

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:

1. Before the stimulus bill passed, it was clear Congress intended to tie the funds to adoption of new energy building codes.

2. 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.

3. 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.

4. 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.

5. 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.

The bottom lines are:

• 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.

•  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.

• 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.

• 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.

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.

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.

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.

Sarah Palin is governor of Alaska.

Comments

14 comment(s)

    Frank wrote on Jul 5, 2009 12:29 AM:

    " After seeing Palin in action in the Presidential election, and watching her lie viciously and repeatedly she burned her bridges, and her credibility is completely shot.

    In quitting her governorship, she needlessly insulted every prior office holder, of every level, by implying lame ducks are in fact governmental moochers. That was a brazenly hypocritcal and self-serving claim. The only good news is that she will no longer be our governor. "

    Pegboard wrote on Jul 3, 2009 9:02 AM:

    " Sarah Palin is still bad. "

    Power Wagon wrote on Jul 1, 2009 9:19 AM:

    " Hey jp;
    Have you noticed; no Ed from AZ, Jim from Boston, etc in here. You'd think they'd be all over this article since it was written by Palin herself. I guess it's too hard to argue against black-and-white facts, eh? Better to cower somewhere else where you can make silly false accusations and wierd assumptions... "

    jp wrote on Jun 30, 2009 10:32 PM:

    " impeach Obama , before it's too late! "

    ReaganTMan wrote on Jun 29, 2009 8:07 AM:

    " It's great to see a politician explain it to us rather than hide it in a 3000 page bill that noone can read. "

    Lisa Graas wrote on Jun 28, 2009 11:48 PM:

    " This all just makes perfect sense to me. I'm really shocked that some in the Legislature don't seem to understand that under judicial scrutiny, the state would most definitely be forced to adopt the language of the legislation. It's clear. No letter from the Dept of Energy is "law". Only the law is "the law". And even the Dept of Energy says that if the money is accepted, the Governor's hands are tied. Thank goodness the Governor has common sense. Hope the Legislators get some.....soon. "

    Power Wagon wrote on Jun 28, 2009 9:01 PM:

    " C'mon...don't make me wait...I'm looking for the entertainment of Ed from AZ, Jim from Boston, or some other 'know-it-all' to say (basically) something like "Uh, um...well...yeah, well...Sarah Palin is still bad!" "

    ReaganTMan wrote on Jun 28, 2009 7:58 PM:

    " Fighting the federal bureaucracy and the infiltration into the state's sovereignty is the role most governors in America are going to have to play if the burden from Washington continues to become too heavy.

    Governor Palin is just getting a jump on this. "

    teamsarah wrote on Jun 28, 2009 6:02 PM:

    " Indeed, every federal dollar comes with strings attached! We should not accept any of the stimulus package and we should not accept any more federal dollars. Ever! Governor Palin is the only politician in the country besides Governor Mark Sanford who even understands this and speaks out against it. You go girl! "

    Ron Devito wrote on Jun 28, 2009 3:23 PM:

    " Governor Palin built a solid, cogent case as to why she vetoed this money and backed every statement up with relevant facts.

    She established beyond the shadow of a doubt that this money comes with a breach of the Tenth Amendment.

    Furthermore, the cost of compliance may far outweigh the net present value of the money received.

    The hand that vetoed this money was guided by a mind that actually read every page in the package and understood all of its associated ramifications. "

    Jon Carry wrote on Jun 28, 2009 2:24 PM:

    " Sarah Palin is the only politician in America with both brains and heart. You go, girl! "

    Don Supp wrote on Jun 28, 2009 12:14 PM:

    " Dear Sarah Palin;
    This is long overdue from Me, my Wife and our 24 year old U of WA. graduate Son. You are the ONLY real Governor in these 50 States. You make us very proud and we feel so ashamed thatthere is such a cabal against you just trying to denigrate you for any future elections. Naturally the uneducated will listen to and adhere to the propaganda thrown at them. In any event you are our favorite for ANY office and we wish you the very best of luck from our Family. "

    Greg wrote on Jun 28, 2009 12:07 PM:

    " Good for Gov. Palin for setting the record straight. Every federal dollar comes with some kind of string attached. Too bad the legislature circumvented her and accepted far more than what she wanted. "

    Captain wrote on Jun 28, 2009 11:55 AM:

    " Whenever the Federal controls local issue you have lost free thinking and the right to live your life by your choice! "

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