What ballot summary did the Missouri Attorney General approve for the first version of James Owen's renewable energy initiative?

Plain-English summary

On February 18, 2020, the Missouri Attorney General approved the legal content and form of a proposed summary statement for James Owen's version 1 petition (2020-142). The statement asks whether voters want to raise the minimum renewable energy amount for investor-owned electric utilities from 15% of retail sales in 2021 to 20% by 2025, with increases to 40% by 2040. It also describes a higher solar minimum, elimination of a solar rebate program, and a restriction on renewable energy credits. The 40% figure is a proposed minimum in the summary, not a cap. Official opinion.

The AG expressly limited the action to approval of the statement's legal content and form: "no action that we take with respect to such review should be construed as an endorsement of the petition, nor as the expression of any view regarding the objectives of its proponents."

What this means for you

Voters and petition readers. The opinion reproduces the proposed summary statement for version 1. It says the measure would increase minimum renewable and solar amounts, eliminate the solar rebate program, and limit which renewable energy credits could be used. It does not say whether the proposal was enacted.

Petition proponents and election officials. The AG approved this proposed summary under § 116.334, RSMo. The opinion gives no assessment of the petition's policy merits.

Common questions

Did the AG approve a 40% ceiling on renewable energy?

No. The proposed summary says "increase the minimum renewable energy amount" with incremental increases to 40% by 2040.

Did AG approval mean support for the petition?

No. The opinion expressly disclaims endorsement of the petition and any view on its proponents' objectives.

What else does the summary say would change?

It proposes raising the solar energy minimum from 2% to 5% by 2025, eliminating the solar rebate program, and allowing only renewable energy credits associated with electricity the utility produced or purchased.

Background and statutory framework

The Secretary of State requested review of a proposed summary statement for a petition to amend Chapter 393, RSMo, version 1 (2020-142). Acting under § 116.334, RSMo, the AG approved its legal content and form. The letter does not analyze the underlying petition or compare other versions. Read the official letter.

Citations

• § 116.334, RSMo (review of proposed summary statement).

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/11-2020.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ERIC SCHMITT

February 18, 2020
OPINION LETTER NO. 11-2020

The Honorable John R. Ashcroft
Missouri Secretary of State
James C. Kirkpatrick State Information Center
600 West Main Street
Jefferson City, MO 65101

Dear Secretary Ashcroft:

This opinion letter responds to your request dated February 7, 2020, for our review under § 116.334, RSMo, of a proposed summary statement prepared for the petition submitted by James Owen regarding a proposed amendment to amend Chapter 393, version 1, (2020-142). The proposed summary statement is as follows:

> Do you want to amend Missouri law regarding the renewable energy standard for investor-owned electric utilities as follows:
> - increase the minimum renewable energy amount from the current 15% of retail sales in 2021 to 20% by 2025, with incremental increases to 40% by 2040;
> - increase the solar energy minimum from the current 2% to 5% by 2025;
> - eliminate the solar rebate program; and
> - only allow the use of renewable energy credits that are associated with electricity the utility produced or purchased?

Pursuant to § 116.334, RSMo, we approve the legal content and form of the proposed statement. Because our review of the statement is mandated by statute, no action that we take with respect to such review should be construed as an endorsement of the petition, nor as the expression of any view regarding the objectives of its proponents.

Very truly yours,

ERIC S. SCHMITT
Attorney General

Supreme Court Building
207 W. High Street
P.O. Box 899
Jefferson City, MO 65102
Phone: (573) 751-3321
Fax: (573) 751-0774
www.ago.mo.gov

OP-2020-0014