What is the Missouri Attorney General's role when the Secretary of State sends over a proposed ballot summary for a citizen-initiated renewable energy amendment?

Plain-English summary

On February 18, 2020, Missouri Attorney General Eric Schmitt approved the legal content and form of a proposed summary statement for James Owen’s version 2 petition (2020-143) to amend Chapter 393. The official letter’s second page states: "Pursuant to § 116.334, RSMo, we approve the legal content and form of the proposed statement." It adds that approval should not be read as endorsement of the petition or its objectives. Official opinion.

The proposed summary described raising the minimum renewable energy amount for investor-owned electric utilities from 15% of retail sales in 2021 to 20% by 2022, with incremental increases to 50% by 2040. It also described eliminating the solar rebate program, requiring utilities to purchase solar credits for ten years from customers with solar panels, raising the solar minimum from 2% to 5%, and allowing only renewable energy credits associated with electricity the utility sold to Missouri customers. The opinion records approval of the summary statement, not adoption of the petition.

What this means for you

Voters and petition readers. The letter reproduces the proposed summary for version 2. Its percentages are described as minimums, and the AG does not endorse the underlying proposal.

Election officials and proponents. The AG approved this proposed summary’s legal content and form under § 116.334, RSMo. The letter does not discuss later circulation or ballot outcomes.

Common questions

Did the AG approve the summary statement?

Yes. The approval appears on page two of the official PDF. The previously stored transcription ended after the proposed summary on page one.

Did approval mean the AG supported the proposal?

No. The letter expressly says the mandated review should not be construed as endorsement of the petition or its proponents’ objectives.

What renewable-energy level did the proposed summary describe?

It described an increased minimum of 20% by 2022, with incremental increases to 50% by 2040.

Background and statutory framework

The Secretary of State requested review of a proposed summary for James Owen’s version 2 petition, numbered 2020-143. The AG approved the statement’s legal content and form under § 116.334, RSMo. The letter does not compare this proposal with other versions or assess policy effects. Read the full official PDF.

Citations

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

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/12-2020.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI
Eric SCHMITT

February 18, 2020
OPINION LETTER NO. 12-2020
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 2, (2020-143). 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 2022, with incremental increases to 50% by 2040;
• eliminate the solar rebate program;
• require utilities to purchase solar credits for ten years from customers with solar panels;
• increase the solar energy minimum from the current 2% to 5%; and
• only allow the use of renewable energy credits that are associated with electricity the utility sold to Missouri customers? 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-2020-0015

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

OP-2020-0015