Mr. Brown and members of the Clear the Air Coalition also contend that similar government-run utility programs are not producing new alternative-energy projects as they promise. They noted that the utility produced 45 percent of its electricity from carbon-free sources, and argued that community choice programs achieved their climate-friendly goals through purchases of clean energy credits rather than actual generation.

An additional bill was passed in 1999 that helped further establish a competitive electricity market by creating a price floor to prevent established energy providers from underselling emerging providers. In 2002, Texas finalized deregulation when the Public Utility Commission gave ERCOT the responsibility of managing and monitoring the Texas electricity market. The market opened up to around 6 million Texas power customers.