The following Case Study is written by the course designer. The framework of this Case Study reflects actual Pennsylvania policy and data. All information about stakeholders, especially assessments related to the likelihood of participation in nonmarket action and the strategy that may or may not be evoked is the author's opinion and presented in a manner to best demonstrate the lesson content of this course. This Case Study does not necessarily represent the actual position or strategy held or planned by any named stakeholder.
In the first part of this Case Study, we identified the issue and provided background, including a full description of the principles of Renewable Portfolio Standards (RPS) policy. In the second part, we considered the issue from the viewpoint of a wide range of stakeholders. Using an orderly format and presentation, we formulated a description of each stakeholder, initial position, and an assessment of all factors related to the demand for and supply of nonmarket action. In this part 3, we will now present an analysis of our findings and suggest strategy options.
The following nonmarket strategy is prepared from the point of view of the Mid-Atlantic Renewable Energy Association (MAREA), which supports the passing of HB 1580.
The arena has been decided. It is the Pennsylvania House of Representatives.
First we will consider the three general strategies (of public politics):
Representation strategy (mobilizing voters). MAREA has low cost of organizing and extensive coverage, this may be a good option.
Majority building strategy (direct recruiting of public office holders). MAREA has some experience in this area, but doesn’t have established access to or relationships with many Representatives (especially those opposed). As a nonprofit, MAREA is also limited in its political activities. These limitations will be considered carefully later in this case study as we evaluate individual strategies.
Informational Strategies (data and understanding about an issue). Within its membership and board, MAREA has deep experience and knowledge with the issue at hand. However, this bill is not very complicated so there may be limited opportunity to sway votes with “new” information.
Lobbying: In a lobbying strategy, MAREA would seek to influence the votes of Representatives by accessing the lawmakers directly and providing strategic information. Because MAREA is an IRS Section 501(c)(3) Organization (a type of non-profit), it is limited in how much lobbying action it is allowed to take. This strategy will be screened out because it is “contrary to the law.”
Electoral Support: In an electoral support strategy, MAREA would focus on providing resources that help candidates during elections. Again, because of its Section 501(3)(c) status, MAREA is prohibited from taking these actions.
Grassroots: A grassroots strategy would build on the connection between voters and their elected officials, and may be used as part of an informational or representation strategy. With its considerable number (8,000), extensive coverage and low cost of organizing, this is a good strategy. Again, however, restrictions apply and the nature of the communication would need to be primarily educational and non-partisan.
Coalition Building:
In a coalition building strategy, MAREA would work with other stakeholders who support the bill. To this end, MAREA has recently established a reciprocating relationship with PA-SEIA, where the two organizations provide one another with “honorary” memberships. PA-SEIA is a section 501(c)(6) nonprofit with far fewer restrictions on its legislative and political activities.
PennFuture, another nonprofit supporting passage of this bill, is much larger than MAREA and PA-SEIA and has a broader focus. MAREA works with PennFuture analysts on relevant policy issues as they arise and directs MAREA members to PennFuture resources and events. The opportunity for a more formalized coalition is limited by the different size and focus of the organizations.
System owners in PA (large and small) are assessed to be highly motivated (a “large” to “substantial” demand for market action) but the predicted level of actual market action is low due to the high cost of organizing. Opportunities for coalition with these promising stakeholders appear limited.
Solar installers are also a promising group but without structure or organization. The possibility of forming an effective coalition seems limited.
Ratepayers supporting the passage of HB1580 have a low demand for action and very high cost of organizing, making them, all in all, a poor option for coalition building.
Testimony: Opportunities for testimony on this issue are limited and will not be part of the planned strategy. If opportunities arise, they will be considered on a case by case basis.
Public Advocacy: In a public advocacy strategy, MAREA would communicate directly to the public conveying a particular position on an issue. Again, activities of this nature are limited by MAREA’s IRS standing; however, non-partisan educational communications can be done without restraint.
Judicial Actions: Judicial strategies are not applicable to this issue at this point.
Proposed Strategy: Regarding its ability to participate in public politics, MAREA is constrained by its IRS categorization as a Section 501(3)(c) nonprofit. It may carry out some activities that attempt to influence legislation, but these may not be a “substantial” part of the organization’s activities. Other activities, however, such as educational meetings, the preparation and distribution of educational materials, or other efforts related to public policy issues in an educational manner may be performed without violating the rules for a 501(3)(c) organization.
Recognizing this, and the untapped potential demand for action on the part of system owners in PA, MAREA proposes the following strategy:
Through events, white papers, and speaking invitations, work to educate MAREA members and interested public on topics related to solar technology, policy, markets, rules, and issues.
If contact info for system owners in PA is successfully acquired through the RTKL, the cost of organizing will drop considerably. This will change the nonmarket analysis for this stakeholder. With the easier mobilization of this large group that has complete regional coverage, the predicted amount of nonmarket action will go from limited to high.
The Right to know request was filed, but was originally denied by the DEP. An appeal was made to the state Office of Open Records (OOR). The DEP requested a bifurcation and argued that the OOR did not have jurisdiction. The OOR ruled that it does have jurisdiction and extended the comment period. A final decision is awaited.
Jan 2012 Update: The OOR ruled in favor of MAREA and ordered the DEP to turn over all requested records. The DEP responded by appealing the case to the Court of the Commonwealth. The DEP was required to file a full briefing by Jan 9, 2012 but requested and received a 30-day extension. The DEP's full briefing is now due by Feb 9, 2012. Once received, MAREA will have 30 days to respond.
Sept 2012 Update: On Sept 12, the Court ruled [2] affirming MAREA's Right to Know, upholding the Office of Open Records decision ordering the DEP to release the records within 30 days. At this point, it appears the DEP can either ask the Court to reconsider, appeal to the PA Supreme Court, or provide the requested data.
Oct 2012 Update: The DEP complied with the Court order and provided MAREA will all requested data, however, the opportunity to work in support of HB 1580 had passed.
January 2013 Update: MAREA is working to develop project plan and attract funding to begin the longitudinal study described above. This will establish a community of solar system owners in PA that can be reached and mobilized to support future opportunities for solar and distributed generation.
January 2014 Update: The Solar Rebate Program ended in Dec 2013 (all funds were distributed). A new Right To Know Request was filed with the DEP and on Jan 13, 2014, MAREA received the full records for ALL solar electric systems (7,000) funded under this 4-1/2 year program. Meanwhile, a new bill HB 100 [3] has been introduced (Representative Greg Vitali) to revise the PA AEPS. MAREA will use the data awarded through the Right to Know Request, to contact and organize solar electric system owners.
January 2016 Update: HB 100 was reintroduced [4] by Rep. Vitali, and has been referred to the Consumer Affairs Committee. It has not been brought up for a vote. MAREA has not issued a report.
August 2017 Update: No action has been taken on the bill since the last update.
Links
[1] http://www.asrc.cestm.albany.edu/perez/2011/solval.pdf
[2] http://www.themarea.org/downloads/marea-dep_press-release.pdf
[3] http://www.aeltracker.org/bill-details/1377/pennsylvania-2013-hb-100
[4] http://www.legis.state.pa.us/cfdocs/billInfo/BillInfo.cfm?syear=2015&sind=0&body=H&type=B&bn=100