Support Corporation Commission Clean Energy Rules: Call In To AZ Corporation Commission Town Halls this Week

The Arizona Corporation Commission is hosting three virtual town halls this week on Tues., Sept. 21st; Wed., Sept. 22nd; and Sat., Sept. 25th to get input from stakeholders about their pending Clean Energy Rules and a recent report (the “Ascend Report”) that analyzed the costs of them.

If finalized later this fall, the Clean Energy Rules will modernize Arizona’s outdated policies for clean energy by enacting new requirements for APS and TEP to deliver 100% carbon-free electricity; expand programs that help customers save energy and money; and issue competitive bids as they invest in a growing power system.

The Ascend Report put its thumb on the scales against clean energy by relying on the utilities to conduct the modelling; failing to consider early closure dates for expensive, uneconomic coal plants; assuming gas to be the cheapest option, when in reality it is not; using inflated costs for wind, solar, and battery storage; and ignoring the many benefits of clean energy.

If the report is allowed to stand unquestioned, it could influence the Commission’s final vote to adopt the Clean Energy Rules or not. And, if regulators fail to adopt the Rules, Arizona will miss out on new jobs and economic development opportunities, as other states in the region adopt far more aggressive policies that hasten their transition away from fossil fuels and to clean energy.

While the Commission is hosting these town halls to take public comment on the report, it is also an opportunity to let Commissioners know how much you support clean energy and why they should act immediately to adopt the Rules. This moment is crucial, and your input could influence what Commissioners decide to do!

Tues., Sept. 21 at 6 p.m.

Join via Zoom:https://azcc.zoomgov.com/j/1619423958?pwd=cytTZlFJLzNDa2Eyb0ltRXFnVWxxdz0

Passcode: 439386
Webinar ID: 
161 942 3958

 

Wed., Sept. 22 at 6 p.m.

Join via Zoom:
https://azcc.zoomgov.com/j/1611208892?pwd=UGhITFUwR2IrblZOM2JoNUJOdXR6QT09
Passcode: 183367
Webinar ID: 
161 120 8892

Join via Telephone:
833-568-8864 (Toll Free)

Sat., Sept. 25 at 1 p.m.

Join via Zoom:
https://azcc.zoomgov.com/j/1612841002?pwd=TGdnUm1vdnh4WjdlelBQTG4wYlY3dz09
Passcode: 335983
Webinar ID:
161 284 1002

Join via Telephone:
833-568-8864 (Toll Free)

ACC Here’s Info for You to Use to Inform Your Comments. Comments are limited to three minutes each. The attached document gives you pointers on key elements you can comment on.

The Next Few Weeks are Critical for Addressing Climate Change

President Biden built a $150 billion clean-energy plan into the Build Back Better initiative. The $150B investment will wean the U.S. power grid off carbon-based fuels by 2035. The plan would reduce the use of coal and natural gas substituting non carbon sources.

The idea is to use financial incentives to make non carbon fuels lower cost- driving the energy production market toward greener sources of energy. For example, energy suppliers would be eligible for grants if they increase the amount of clean electricity supplied to customers by 4% compared with the previous year.

Other highlights of the plan before congress include funding electric-grid improvements, decarbonizing federal buildings and vehicle fleets, providing home and appliance efficiency rebates, and subsidizing solar projects in low-income communities.

The plan is part of the larger budget reconciliation package working its way through congress. Budget reconciliation bills only need a majority in the Senate, rather than the usual 60 votes needed to break a filibuster. An open question is whether all Democratic members of the Senate will vote for the package- and specifically the energy efficiency and non-carbon energy source portions of the package.

AzPHA participated in this press conference last week with a main goal of letting Senators Sinema and Kelly as well as Representative O’Halloran the importance of making sure that the green portions of the budget reconciliation package make it into the final budget. Here’s the story in the Republic about that presser:  Arizona advocates urge Congress to address climate change.

FDA Committee Recommends Pfizer Booster for Seniors; Committee Declines to Recommend Universal Boosters

The FDA’s Vaccines and Related Biological Products Advisory Committee (VRBPAC) met to discuss Pfizer-BioNTech’s supplemental Biologics License Application for administration of a third dose, or “booster” dose, of the COVID-19 vaccine for all persons 16 years of age and older last Friday.

The staff of the FDA declined to take a stance on whether to back booster shots of Pfizer’s Covid-19 vaccine in their report to the VRBPAC, saying U.S. regulators haven’t verified all the available data.

Pfizer’s application to amend their license for their vaccine was based on observational data from Israel rather than actual clinical trials or studies. FDA staff said observational studies have suggested declining efficacy of the Pfizer vaccine over time against symptomatic infection while others have not.

The committee (VRBPAC) voted 16-2 to NOT recommend amending Pfizer’s vaccine license to include a 3rd booster shot for all populations. Later that afternoon, the Committee voted to recommend that the Commissioner add and Emergency Use Authorization (not approval) for the booster in folks 65+ and those with medical conditions that put them at substantial risk.  That recommendation was largely symbolic, as clinicians can already use the Pfizer vaccine off-label.

The CDC’s Advisory Committee for Immunizations Practices will likely meet next week to decide whether to recommend the booster to the elderly and those with medical conditions that put them at risk. At some point, the ACIP will need to meet and make a recommendation for persons that had the Janssen & Moderna vaccines (regarding boosters). Clinicians and patients increasingly have questions about whether elderly persons that got the Janssen vaccine get a Pfizer booster.

Editorial Notes: Another global health equity is at play when it comes to routinely providing booster shots with little if any clinical benefit when persons in the developing world haven’t even had an opportunity to get a single dose yet. For example, only 1.3% of persons in Africa have been vaccinated. Even if FDA ends up approving the Pfizer booster, the CDC and ACIP should examine those global health equity issues before recommending a booster to already protected Americans, when those doses could and should go to developing nations.

I believe that the Biden Administration learned (or should have learned) an important lesson this week. Several weeks ago the Surgeon General and the CDC and NIH Directors expressed full-throated support for universal boosters before data supported that decision. As we saw last week, that support was not only premature, but it short-circuited the normal approval process. 

Brnovich Files Bogus Lawsuit Challenging Non-existent Regulations

Last week Attorney General Brnovich filed a ‘lawsuit’ in federal court challenging Biden’s announcement that he is asking OSHA to issue an emergency rule requiring employers with more than 100 staff to make sure their team is vaccinated or undergo weekly testing.

The thing is that OSHA hasn’t even proposed the regulation yet!

Nevertheless, the Brnovich filed the lawsuit to challenge a NONEXISTANT regulation! If he were interested in changing public policy regarding vaccine mandates, he would have waited to file a suit until OSHA promulgates a rule.

Of course, his goal wasn’t to influence policy…  his purpose was to get the attention of the bookers on FOX News and Newsmax and get him on national television – where his Republican primary voters reside. Arizona Attorney General Mark Brnovich sues over Biden vaccine rules

In that sense, Mission Accomplished.

FDA Committee Recommends Pfizer Booster for Seniors; Committee Declines to Recommend Universal Boosters

The FDA’s Vaccines and Related Biological Products Advisory Committee (VRBPAC) met to discuss Pfizer-BioNTech’s supplemental Biologics License Application for administration of a third dose, or “booster” dose, of the COVID-19 vaccine for all persons 16 years of age and older last Friday.

The staff of the FDA declined to take a stance on whether to back booster shots of Pfizer’s Covid-19 vaccine in their report to the VRBPAC, saying U.S. regulators haven’t verified all the available data.

Pfizer’s application to amend their license for their vaccine was based on observational data from Israel rather than actual clinical trials or studies. FDA staff said observational studies have suggested declining efficacy of the Pfizer vaccine over time against symptomatic infection while others have not.

The committee (VRBPAC) voted 16-2 to NOT recommend amending Pfizer’s vaccine license to include a 3rd booster shot for all populations. Later that afternoon, the Committee voted to recommend that the Commissioner add and Emergency Use Authorization (not approval) for the booster in folks 65+ and those with medical conditions that put them at substantial risk.  That recommendation was largely symbolic, as clinicians can already use the Pfizer vaccine off-label.

The CDC’s Advisory Committee for Immunizations Practices will likely meet next week to decide whether to recommend the booster to the elderly and those with medical conditions that put them at risk. At some point, the ACIP will need to meet and make a recommendation for persons that had the Janssen & Moderna vaccines (regarding boosters). Clinicians and patients increasingly have questions about whether elderly persons that got the Janssen vaccine get a Pfizer booster.

Editorial Notes: Another global health equity is at play when it comes to routinely providing booster shots with little if any clinical benefit when persons in the developing world haven’t even had an opportunity to get a single dose yet. For example, only 1.3% of persons in Africa have been vaccinated. Even if FDA ends up approving the Pfizer booster, the CDC and ACIP should examine those global health equity issues before recommending a booster to already protected Americans, when those doses could and should go to developing nations.

I believe that the Biden Administration learned (or should have learned) an important lesson this week. Several weeks ago the Surgeon General and the CDC and NIH Directors expressed full-throated support for universal boosters before data supported that decision. As we saw last week, that support was not only premature, but it short-circuited the normal approval process. 

Dr. Gerald’s Epidemiology & Hospital Capacity Report: Hospitalizations Very High as Adult Cases Continue; Kids Cases Dropping

View the Full Report with Graphs

From Dr. Gerald:

Once again, more good news than bad. Case counts continue to trend down slowly in most places except Greenlee County which is nearing its all-time pandemic high. Despite modest improvements in transmission, test positivity continues to inch up unexpectedly after the Labor Day holiday.

Hospital occupancy remains stubbornly plateaued. This is most likely because the biggest improvement in cases is occurring among children.  So, let us hope that Arizona’s judiciary makes a good decision and blocks the governors’ and legislature’s attempts to prevent schools from requiring masking.
COVID-19 deaths topped 200 per week for the first time in a long while. While I don’t expect them to go much higher, they are still much higher than they should be.
The big news this week is that the FDA advisory panel on vaccines recommended Pfizer third dose boosters for those 65+ or at high risk but not for everyone. A lot of data appeared this week regarding vaccine efficacy and safety. A good bit of it is linked in the attached report. Short story is that all 3 vaccines continue to provide high levels of protection against severe illness resulting in hospitalization.
Yes, Moderna does appear to be separating itself from the others so Pfizer boosters are likely warranted for some now and perhaps more in the future. All safety signals continue to favor getting vaccinated versus getting infected by a LARGE margin.

Program Spotlight: COVID-19 Emergency Response Suicide Prevention Grant

September is Suicide Prevention Awareness Month. AHCCCS manages the COVID-19 Emergency Response Suicide Prevention (ERSP) grant which provides suicide screening and follow-up services in Pima County to those uninsured and underinsured with suicidal ideation who are 25 years of age and older.

This screening occurs primarily in emergency departments, psychiatric facilities, and through crisis line referrals. Through Arizona Complete Health (AzCH) and a contract with CODAC, CODAC Behavioral Health Technicians (BHTs) will screen individuals in emergency departments and inpatient psychiatric facilities for suicidal ideation and identify/screen those persons who may have been or are at risk of domestic violence.

This simple screening of individuals who are experiencing suicidal ideation can go a long way toward preventing suicide because it ensures that they receive appropriate care and support, as well as follow-up services to lessen the chances of a future suicide attempt. Additional preventative follow-up services offered through CODAC include 24/7 emotional support while stabilizing someone in crisis, help with coping skills, and increased connection to community resources or outpatient treatments.

Why is this work important?
Suicide is completely preventable. The deep wounds and traumas from suicide can scar families for generations, and the pain extends so much further than just the individual suffering from suicidal ideations. For these individuals, in the darkest moments, it can feel like there is no other way out. But there is support, and there is healing, and there are many people that care and want to help these individuals into a healthier and brighter future.

How can you get involved? As part of the grant, Community Bridges Inc. leads coordination and delivery of evidence-based training including ASIST (Applied Suicide Intervention Skills Training) and SafeTALK (Suicide Alertness for Everyone: Tell, Ask, Listen, and KeepSafe) to agencies in Pima County.

These courses have a preventative focus with the goal of preparing trainees to more adequately, respond to and support someone with suicidal ideations, and to prevent suicide. Courses like SafeTALK and ASIST are available throughout Arizona. Request training from the Arizona Department of Education (ADE) here

Judge Cooper Heard Lawsuit Challenging Ducey’s Harmful Prohibition of School Mask Requirements Yesterday

Judge Katherine Cooper from the Maricopa County Superior Court heard the lawsuit filed by a coalition of organizations including the Arizona School Boards Association, the Children’s Action Alliance, the Arizona Education Association, and the Arizona Advocacy Network filed a legal complaint in Superior Court on Monday.

The suit asks the court for Injunctive Relief on the portions of the health and K-12 budget bills that prohibit school districts from implementing universal masking policies.

The action rightly points out that the legislature passed, and the governor signed three budget bills (HB 2898, SB 1824, and SB 1825) that “… include substantive policy provisions that have nothing to do with the budget” in direct violation of the state constitution.

Here’s a School guest blog from James Hodge, Jr  J.D., LL.M., the Peter Kiewit Foundation Professor of Law and Director, Center for Public Health Law and Policy, Sandra Day O’Connor College of Law, Arizona State University that explains the suit.

Expect that regardless of how Judge Cooper rules that the case will be quickly appealed to the Arizona Supreme Court. I expect a Preliminary Injunction stopping the implementation of Ducey’s harmful policy on 9/29 will be issued pending a final ruling on the merits of the case.

The case has far-reaching implications. If the court holds that the Budget Bills were unconstitutional because they violate the single subject requirement, then those aspects of the BRB that pertain to the case will need to be excised.

The court could even rule that the budget reconciliation bills (BRBs) are unconstitutional in their entirety, which would result in a special legislative session to draw up a new state budget for 2022.

White House Orders 6-Point Plan to Improve Vaccination Rates, Increase Testing & Incentivize Masking

Last week President Biden announced that his executive branch agencies are implementing a several-pronged strategy to 1) improve vaccination rates; 2) better protect folks that have already been vaccinated; 3) keep schools safer and improve chances for in-person learning; 4) increase testing and masking; and 5) improve care for the people that do get infected.

I won’t go into the details of the entire plan here, but you can read the various elements on the White House website. Perhaps the most significant initiative is an upcoming OSHA regulation that will require all employers with more than 100 staff to ensure that their team is vaccinated or be tested weekly. Noncompliance will result in financial penalties for the employer. All federal employees will need to become vaccinated. Federal contractors will even be required to vaccinate their staff or do weekly testing (presumably via contract amendment).

Legal expert and AzPHA member Jen Piatt wrote this analysis for the Network for Public Health Law which concludes that case law supports reasonable vaccine mandates by political jurisdictions. The report also delves a bit into the mission of OSHA and their enabling act which supports OSHA’s authority to implement this kind of workplace safety requirement. The report contains several supporting references. The provisions will become effective once OSHA promulgates their final emergency rule.

Another significant part of the President’s plan requires healthcare facilities that get paid via Medicaid or Medicare to ensure that their teams are vaccinated. This is important because vaccination rates are still quite low in many care settings like nursing homes. See this article in the Republic by Stephanie Innes & Alison Steinbach Vaccination rates at Arizona nursing homes vary widely.

Editorial Note: Naturally, Governor Ducey is openly hostile to the sensible measures in the President’s plan and has threatened to ‘push back hard’. Perhaps we’ll find out next week how he intends to use his authority and state agencies to ‘push back’.

Perhaps he will order the ADHS not to enforce the new CMS requirements (ADHS’ Licensing Division provides CMS Certifications). Perhaps he will order the state OSHA program at the Industrial Commission to be uncooperative? Perhaps last week’s temper tantrum will be the only push back?

September is Suicide Prevention Month

Some 1,400 Arizonans die by suicide annually; it is the eighth leading cause of death in Arizona. And yet, we can all play a role in helping to decrease this number in our communities. Remember to WAIT:

W: Watch for signs of distress and uncharacteristic behavior, including increase in substance use, sleep pattern changes, discussing death or suicide.

A: Ask, “Are you thinking of dying by suicide?”

I: It will pass. Reassure the person you’re speaking to that suicidal thoughts are treatable and you will walk alongside them to get care.

T: Talk to others. Call the crisis line for immediate guidance on next steps.

Resources:

Maricopa County served by Mercy Care:
1-800-631-1314 or 602-222-9444

Cochise, Graham, Greenlee, La Paz, Pima, Pinal, Santa Cruz and Yuma Counties served by Arizona Complete Health – Complete Care Plan:
1-866-495-6735

Apache, Coconino, Gila, Mohave, Navajo and Yavapai Counties served by Health Choice Arizona:
1-877-756-4090

Gila River and Ak-Chin Indian Communities:
1-800-259-3449

Salt River Pima Maricopa Indian Community:
1-855-331-6432

For more crisis resources, see the AHCCCS Crisis web page.