Proposed Legislation on Solar Energy and California Prisons

Introduction

There is a hidden inhumanity ­to California's criminal justice system–climate change. While most public policy attention to reforming the criminal legal system focuses on reduced sentencing, bail reform, and police and prosecutorial accountability, the idea that climate change is creating inhumane conditions in California prisons is hardly top of mind. However, climate change, particularly global warming, is transforming the walls of the incarcerated into inhumane heat traps.

In fact, rising temperatures, extreme weather events, rising sea levels, and prolonged heat waves can lead to heat-related illnesses among inmates, as many prisons lack proper cooling systems and adequate ventilation. Inmates are particularly vulnerable due to overcrowded conditions and limited access to medical care. Climate change-induced health challenges could strain prison healthcare systems and increase the need for medical interventions, potentially impacting budgets and staffing requirements.

A recent survey by UCLA Luskin School of Public Affairs in conjunction with the Ella Baker Center for Human Rights reports that Eighteen of California's prisons—which incarcerate approximately 46,000 people in those facilities alone—are located in areas vulnerable to extreme heat, wildfires, or flooding. The report suggests that the California Department of Corrections and Rehabilitation (CDCR) divert more than $14 billion to expand re-entry services and bolster heating, air conditioning, ventilation, shade, and backup generators in the state's prisons.

While facilitating the diversion of those funds should be a high priority, there may be more effective alternatives to the Ella Baker report suggests. This policy paper offers an innovative approach that melds three of the predominant forces in today's progressive zeitgeist­ to solve this emerging injustice–criminal justice reform, environmental justice, and climate justice.  

(The CDRC Sustainability Act) A solar and rehabilitate solution to inhumane prison conditions

The California Department of Corrections and Rehabilitation (CDCR) has a modest renewable portfolio (solar and wind) of 59.51 megawatts. Planned projects will increase that production to approximately 90 MW, which is essentially 24% of the energy needs of the totality of the prison system. To be 100% renewable, the California Department of Corrections and Rehabilitation (CDCR) must add 385 megawatts of solar rooftop panels, microgrids, or windmills.

There is a sense of urgency to build an energy-sustainable prison infrastructure because California Department of Corrections and Rehabilitation (CDCR) facilities are more vulnerable to blackout as they are primarily located in smaller rural communities that are often the first areas that CA's Independent System Operator (CALISO) will shut down when the grid is stressed. It's only sensible in rolling blackout conditions to shut down power in lower-population areas. However, in doing so, incarcerated individuals become even more vulnerable.

The CDRC Sustainability Act seeks to solve this pressing issue by mandating that the California Department of Corrections and Rehabilitation (CDCR) facilities become entirely sustainable in the next ten years. This would take approximately $50 million (???) a year in either new funds or diverted California Department of Corrections and Rehabilitation (CDCR) budget dollars.

Additionally, the CDCR Sustainability Act would create so-called solar training yards for individuals in the prison population. These yards will provide training in the various aspects of solar installation, such as:

  • Solar Photovoltaic (PV) Installer

  • Solar System Designer

  • Solar Project Manager

  • Solar Quality Assurance/Quality Control (QA/QC) Technician

  • Solar Operations and Maintenance (O&M) Technician

  • Solar Electrician

  • Solar Marketing and Communications Specialist

  • Solar Data Analyst

As inmates become trained, CDCR solar vendors can enlist them to work on various CDCR projects starting as interns and eventually earning a solar workforce certificate that will be recognized, after their release date, by solar companies and/or labor unions. These solar jobs will pay full Project Labor Agreement wages, which inmates can either save in an interest-bearing account they can access on their release date or be distributed immediately to direct family members (Spouses, parents, children 18+) based on the inmate's discretion.  

The eligibility for incarcerated inmates for the Solar Yard Training will necessitate graduating from the CDCR's Day Treatment and Crisis Care Services for Mentally Ill Parolees. This provision will create confidence in the owners and the managers of solar companies who will employ them.

Finally, CDCR Sustainability Act will allow the CDCR to enter into Community Choice Aggregation Agreement (CCA) with the local environmental justice community as defined by CA's Enviro Screen. These CCA will be independent governing bodies with full authority to sell affordable clean energy to local communities. This structure will further environmental justice in underserved communities and bridge reformist rehabilitative culture with local residents and communities.  

The CDRC Sustainability Act will provide hope for not only the incarcerated as they reintegrate into society but all use innovation and clean technologies to improve the lives of those of communities that call CDCR facilities their home.