The energy/climate bill will be released the week of July 26, giving the Senate a short window of opportunity to debate and pass it before its August recess. Two big questions: what's in it? and does it stand a chance? Answering the second is anyone's guess, and it'll depend in part on the answer to the first.
In the last few weeks, it seems that half the Senators have introduced their ideas on clean energy bills. Some, like the Oil Independence for a Stronger America bill sponsored by Senator Jeff Merkley (D-OR), are good; some, like the Carbon Capture and Storage Deployment Act by senators George Voinovich (R-OH) and Jay Rockefeller (D-WV), are horrible. Motives are transparent: place options on table, build coalitions, fold into big bill.
Majority Leader Harry Reid (D-NV) has announced plans for a four-part energy/climate bill, to be brought to the floor the week of July 26: "an oil spill response; a clean-energy and job-creation title based on work done in the Senate Energy and Natural Resources Committee; a tax package from the Senate Finance Committee; and a section that deals with greenhouse gas emissions from the electric utility industry." Nothing is set in stone. Hence, the myriad bills -- every Senator wants to have his/her proposal cherry-picked and incorporated into Reid's bill.
The Center for American Progress has reviewed many proposals floating around and cherry-picked the good ones. The approach is nicknamed Stone Soup, after the children's fable: "No villager alone had the ingredients to make a hearty meal for soldiers passing through their town, but each brought an ingredient and together they created a community soup." And CAP has a solid proposal. I have permission to reprint this; I've shortened a bit and added headings and my comments, but urge all interested folk to read the original.
- Oil Spill Response
The Outer Continental Shelf Reform Act of 2010, S.3516
Government cost: Not available
This bill reforms the Interior Department’s management and oversight of ocean energy production, including more rig inspections. It also boosts the agency’s natural resources research and management. The Senate Committee on Energy and Natural Resources passed this bill on June 30, 2010.
Big Oil Bailout Prevention Liability Act, S.3305
Government cost: None
This bill amends the Oil Pollution Act to remove the $75 million cap on liability for offshore oil spills, replacing it with unlimited liability. The Senate Committee on Environment and Public Works passed this bill on June 30, 2010.
Big Oil Bailout Prevention Trust Fund Act, S. 3306
Government cost: None
The bill would eliminate the $1 billion spending limit on money from the Oil Spill Liability Trust Fund. It would allow advance payments from the fund to states to respond to an oil spill. S. 3306 has been referred to the Committee on Finance.
- Clean Energy and Job Creation
a. The American Clean Energy Leadership Act, S. 1462
Government cost: $13 billion
ACELA includes some of these broad provisions for clean energy investments. The Senate Energy and Natural Resources Committee passed the bill on July16, 2009. But the Senate should not adopt the bill in its entirety because it includes some provisions that do little to speed the transformation to a clean energy economy. These include allowing oil drilling in protected, fragile area off Florida’s gulf coast, and expanding loan guarantees for nuclear power. Recommendations for adoption of some ACELA provisions are noted below.
Blogger's note: Many in the environmental community criticize ACELA --- it sucks, to be blunt. The offshore drilling expansion provision has to be a non-starter now. CAP has some intelligent comments, below, on upping the renewable energy standard -- the percent of power that electric utilities must buy from renewable sources -- from 15% to 25%.
b. Reduce Oil Use
There are three primary ways to reduce oil use: make cars much more fuel efficient, boost cleaner alternative fuels such as electricity for cars and natural gas for trucks, and invest in public transportation. CAP’s recent "Senate Oil Savings Greatest Hits" evaluates the major Senate oil savings proposals that address these needs and recommends the provisions with the most oil savings in each category (see matrix). These provisions could form the basis for an oil savings section of a comprehensive clean energy and global warming bill. The top three recommendations are:
■Establish a program to cut oil use by 8 million barrels per day by 2030, as in the Oil Independence for a Stronger America Act.
■Increase fuel economy standards for passenger vehicles by 6 percent annually beginning with model year 2017, also in the Oil Independence Act.
■Invest in electric cars, natural gas trucks and buses, and their infrastructure, as outlined in the Electric Vehicle Deployment Act, S. 3442 and the NAT GAS Act, S. 1408.
c. Clean Energy Infrastructure
A rehabilitated electrical grid, like other large infrastructure projects, is essential for nationwide economic growth.
Rebuilding America’s electricity transmission system, ACELA, Section 121
Government cost: None
This provision increases federal backstop authority to plan, site, and allocate costs for the construction of new transmission lines if states cannot act. It also improves federal standards for the implementation of digital smart grid technology within regional electricity distribution networks. It includes a cost sharing provision, but one that is so flawed and unworkable that it should not be included in the comprehensive Senate energy bill.
d. Clean energy finance
Lack of access to capital is one of the largest impediments to the deployment and commercialization of clean energy technologies. The financial crisis exacerbated this problem, and obtaining capital and credit support remains difficult today.
The Clean Energy Deployment Administration, ACELA, Section 105
Government cost: $10 billion
CEDA, also known as the "green bank," would be an independent administration under the Department of Energy. It would increase access to capital for clean energy entrepreneurs and help get new technologies through the "valley of death" and to commercial scale in the market. Credit support would include direct loans, letters of credit, loan guarantees, and insurance.
e. Invest in energy efficiency
Reducing energy use is the "low hanging fruit" of greenhouse gas pollution reduction because there are many ways to save energy and money.
HOMESTAR and BUILDING STAR programs, S. 3177 and S. 3079
Government cost: $6 billion each
These provisions would create market incentives to invest in energy efficiency retrofits of homes and commercial buildings. HOME STAR is pending before the Senate Finance Committee, while BUILDING STAR is pending before the Senate Energy and Natural Resources Committee. The House passed HOMESTAR with bi-partisan support.
State energy efficiency retrofit program, ACELA, Section 262
Government cost: $100 million, estimated
This provision directs the Department of Energy to establish a national residential and commercial building retrofit program with grants for efficiency retrofits. States could provide grants for commercial building retrofits that reduce energy use by 20 percent.
Energy Efficiency in Housing Act, S. 1379
Government cost: None
This bill boosts energy efficiency in federal housing programs, creates an efficiency demonstration program for Section 8 federally subsidized multifamily housing developments, and establishes a revolving loan fund to help home and apartment building owners reduce energy use. Hearings were held in June in the Committee on Banking, Housing, and Urban Affairs.
Energy efficiency building codes, ACELA, Section 241
Government cost: None
This provision directs DOE to establish energy efficiency building code standards to improve efficiency for buildings built after passage by 30 percent over 2006 levels, and by 50 percent over 2006 levels for new residential and commercial buildings by 2016. States are responsible for building code adoption and enforcement.
Restoring America’s Manufacturing Leadership through Energy Efficiency Act, S.661
Government cost: $1.5 billion
This bill creates a State Partnership Industrial Energy Efficiency Revolving Loan Program to help commercial and industrial manufacturers implement technologies that reduce systems energy intensity and cut the use of energy intensive feed stocks. The Committee on Energy and Natural Resources held hearings on S.661.
f. Renewable Energy
Renewable electricity standard, ACES, Sec. 101
Government cost: None
ACES’ renewable electricity standard would require utilities to generate 15 percent of their electricity from renewable sources by 2020. The new Senate bill should add an interim goal of 10 percent by 2013. This Senate bill should also add a 25 percent renewables requirement by 2025. A 2009 UCS study found that this provision would create nearly 300,000 jobs. ACES would also require them to reduce energy demand by 5 percent by 2020, and this should be included as well.
g. Clean Manufacturing and Job Training
Investments for Manufacturing Progress and Clean Technology Act, S. 1617
Government cost: $3 billion
This bill would provide $30 billion for revolving loans to small and midsize firms so that they could retool, expand, or establish domestic clean energy manufacturing operations or make their facilities more energy efficient. Because this is a revolving loan program, the actual cost to the government should be no more than the potential default rate of 10 percent, so the cost to the government is approximately $3 billion. IMPACT would also fund the Manufacturing Extension Partnership Program, which provides technical assistance to manufacturers hoping to become more productive, efficient, and competitive.
Energy worker training program funding, ACES, Section 422
Government cost: An additional $25 million
This provision would increase funding to $150 million annually for the Energy Worker Training Program created by the Green Jobs Act, which was included in the Energy Independence and Security Act of 2007.
- Clean Energy Tax Provisions
Extend effective tax incentives in the American Recovery and Reinvestment Act, PL 111-5
Government cost: Up to $50 billion, estimated
ARRA established tax incentives that boost investments in clean energy. Several of them will soon expire. Their extension would keep private funds flowing so that firms don’t move to nations with more robust clean energy markets, such as China. Section 1603 of ARRA allows renewable energy firms to receive grants instead of clean energy production tax credits or investment tax credits for projects that begin before 2011. Extending this date to 2015 would keep private investments flowing to firms that are unable to use tax credits. Section 1705 of ARRA also authorizes DOE to provide loan guarantees to renewable energy, electric transmission, and advanced biofuels that commence construction no later than September 30, 2011. This date should be extended to 2016. The Energy Independence and Security Act established the Advanced Technology Vehicles Manufacturing Loan Program, which provides up to $25 billion in direct loans to eligible applicants for the costs of reequipping, expanding, and establishing manufacturing facilities in the United States to produce advanced technology vehicles and the components for such vehicles. These vehicles must provide significant improvements in fuel economy performance.
Security in Energy and Manufacturing Act, S. 3324
Government cost: $5 billion
The SEAM Act provides financial assistance to U.S. manufacturing companies to retool their factories. It extends the Advanced Energy Manufacturing Tax Credit (48C) for two years and increases available tax credits by $5 billion. This program would change to focus more on manufacturing than assembly of goods. Companies that could receive cash grants if they cannot use tax credits. The energy bill should at minimum include an extension of the 48C tax credit. The SEAM Act has been referred to the Committee on Finance.
Close Big Oil Tax Loopholes Act, S. 3405
Government cost: None; it saves nearly $20 billion
This would eliminate big oil and gas company tax deductions, including exemptions from deductibility restrictions and a percentage depletion allowance. Major crude oil and natural gas producers would pay a 13 percent excise tax on the production of Outer Continental Shelf oil and gas from federal waters. It would eliminate nearly $20 billion worth of big oil tax subsidies while preserving subsidies for small companies with less than $100 million in revenue.
Provide more funds to the Oil Spill Liability Trust Fund, Baucus Substitute Amendment to H.R. 4213
Raises: $17.7 billion over 10 years
The provision would increase revenue in the Oil Spill Liability Trust Fund by raising the fee on oil from 8 cents per barrel to 49 cents per barrel. This would provide more resources to clean up future oil blow outs and spills. There is currently $1.5 billion available in this fund.
- Limits on Pollution from Electric Utility Industry
Any utility-only proposal should include the following provisions, many of which are in APA, CEJAP, or CLEAR.
■Utilities should commit to do their share by reducing their emissions by 17 percent below 2005 levels by 2020 and 42 percent by 2030 (APA).
■The program should begin in 2013 (APA).
■Each emitter should have to have one pollution allowance for every ton of pollution it emits (APA, CEJAPA, CLEAR).
■Only power plants that emit 25,000 tons or more of greenhouse gases annually should be required to have allowances (APA, CEJAPA).
■The federal government should auction off the allowances, beginning with a minimum price of $14 per ton and a maximum price of $25 per ton in 2013. This floor price should level the price between dirty coal fired power and cleaner natural gas generated electricity.
■The floor and ceiling prices should rise by 3 percent per year plus inflation (APA).
■Only covered emitters should be allowed to buy allowances, and unused allowances should be sold in the government auction. No allowance trading between emitters would be allowed (CLEAR).
■Two-thirds of the allowances should be given to the local distribution companies, which must return their value to their ratepayers (APA).
■The proceeds from auctioning the remaining one-third of allowances should be invested in additional protection for low-income households; clean energy technology research, development and deployment; carbon capture and storage technology research and pilot projects; deficit reduction; and, protection of tropical forests (APA).
Blogger's Conclusion and Editorial Comments: This is a very workable, solid proposal that deserves attention in the Senate. The immensely complicated legislation-to-be has a lot of moving parts, and there's no guarantee that all of the above will make it into a final bill. Politico has a whip count, worth bookmarking in the weeks ahead.
Update: recommendations appreciated, but not at the expense of the Gulf Watchers Mothership -- please keep her afloat.