DC Hill Update 11/2/09: EPW Climate Markup this Week

After its introduction nearly a month ago, the Boxer-Kerry “Clean Energy Jobs and American Power Act” (S.1733) is moving through the Senate Environment and Public Work (EPW) Committee. Chairwoman Barbara Boxer (D-CA) released her Chairman’s Mark of the bill on Friday, Oct. 23rd. The new 925-page revised legislation filled in many of the blank spaces included in the bill as introduced, most notably how valuable emissions allowances will be distributed. 1Sky’s analysis of the chairman’s mark including graphs reflecting the allocations will be available by tomorrow. In the meantime, we have national calls to action underway driving communications to the Senate and President Obama at http://www.1sky.org/act-now

1. Keeping the Senate bill strong

1Sky urges Senators and President Obama to support provisions in the Kerry-Boxer Chairman’s Mark that:

1. Transition us away from dirty fossil fuels of the past and toward the clean energy of the future: The Clean Energy Jobs & American Power Act leaves key Clean Air Act provisions intact, thus maintaining existing mechanisms to regulate dirty coal technology. These provisions are crucial for ending the construction of new dirty coal plants that use outdated technology and ensuring that the oldest, dirtiest coal plants reduce their global warming pollution.

2. Climate Bill Timing

EPW Committee:

The Environment and Public Works (EPW) Committee began its work on this bill this past week with a marathon of hearings (see a summary of the hearings below). Chairman Boxer has announced that her committee markup will begin Tuesday, November 2nd (subs. req'd), but in a dramatic twist, EPW Republicans, led by long-time climate science denier Senator James Inhofe (R-OK), have threatened to boycott the markup until they receive more economic analysis of the new bill from the EPA and the Congressional Budget Office. Republicans say the EPA analysis of the new legislation is not thorough enough, but EPA and Boxer insist that the new bill's similarity to the House-passed bill make existing analysis and modeling accurate enough to inform the current debate. Senate procedure requires at least two members of the minority party to be present in order for mark up of legislation to take place.

Chairman Boxer has threatened to invoke one of two options to move around a potential Republican boycott. One would be to invoke "Senate Rule XIV," a procedural maneuver "that allows the majority to discharge legislation out of a committee and bring it directly to the floor," according to E&E News (subs. req'd). This would require Senate Majority Leader Harry Reid to introduce the Chairman's Mark of the bill directly onto the floor.

The other option is to use a provision within Senate quorum rules that says while two members of the minority must be present to mark up a bill, a committee may pass a bill out of committee if a majority of all committee members are present. This option would not require any Republicans to show up, and would move the Chairman's mark as it is written out of EPW without any amendments.

As of this morning, the most up-to-date intelligence that 1Sky has gathered suggests that Republicans are planning to boycott the mark-up, and Senator Boxer has shown no willingness to delay the process publicly. E&E News reported this morning (subs. req'd) that "several sources tracking the debate said Boxer may end up accepting a brief delay – perhaps for a couple of days this week, or until the week of Nov. 16 or Nov. 30 – while waiting out the Republicans and working back channels to find a solution." .

Timing For Other Climate Committees

John Kerry (D-MA), the bill's lead sponsor, met with Majority Leader Harry Reid (D-NV) last week to discuss the legislative calendar for climate – namely a potential deadline for committees to finish their work on the legislation. While it was initially rumored that the pair would set a Thanksgiving deadline, they emerged from their meeting assuring reporters (subs. req'd) that "the idea of setting a schedule for the panels will be determined with input from relevant chairmen at a future date."

E&E News reports "Three other committee leaders – for the Finance, Agriculture and Commerce panels – have indicated they are leaning toward holding hearings on the issue (subs. req'd), perhaps before Thanksgiving, but they also have avoided making any public statements about their markup schedule, in large part because of their obligations in the health care debate."

1Sky continues to press the Senate to pass strong clean energy and climate legislation this year and is pushing a call-in campaign to the Senators and a petition and art creation drive for President Obama.

3. Senate EPW Climate Bill Hearings and Markup

The Senate Environment and Public Works Committee held a series of hearings on Boxer's mark on Tuesday, Wednesday, and Thursday (Oct. 27-29). All in all, the week featured nine panels of witnesses, the most notable of which was Tuesday's hearing featuring Obama administration heavyweights Energy Secretary Steve Chu, Transportation Secretary Ray LaHood, EPA Administrator Lisa Jackson, Interior Secretary Ken Salazar, and Federal Energy Regulatory Commission Chairman Jon Wellinghoff.

Two of 1Sky's top policy priorities – maintaining clean air act provisions that set performance standards for dirty coal plants and carbon cuts of at least 20% by 2020 – were often mentioned during the hearings. Some of our climate champions on the committee ardently demonstrated their support for a strong bill on these pieces. For example, Senator Sheldon Whitehouse (D-RI) said this about dirty coal:

I very very strongly believe that it is time that these power plants are held accountable! They have dodged around the law for too long, and their corporate lobbyists have won against our children's lungs, and I for one am fed up with it! So I hope you will stand firm on the Clean Air Act...and I hope many of my colleagues will support you on that.

Highlights of Senate champions during the EPW hearings are available on the 1Sky Skywriter Blog.

One important moment to note was Senator Baucus's (D-MT) lukewarm opening statement. He was able to attend the panel by ducking out of a meeting with Obama Administration economic advisers, presumably about the health care legislation moving through Congress, and delivering a short statement outlining his goals. In his statement, Baucus mentioned his "serious reservations" (subs. req'd) about the bill and laid forward two legislative asks that may be enough to win his "yes" vote on the climate bill:

• Weaken 2020 emissions reductions targets from their current levels
• Weaken clean air act provisions that regulate carbon pollution

As a prominent Senate moderate and chairman of the Senate Finance Committee, Baucus is a key prize for EPW Democrats, despite the fact that their 12-7 majority in the committee doesn't require his vote to move legislation forward. Getting support from Senator Baucus could be a critical step along the road to getting a bill passed this year. Having his vote early on could help the process move along more quickly, but it could come at the expense of two top priorities of the climate advocates and Senate climate champions.

Senator Arlen Specter (D-PA) used the hearing to highlight his desire to see Clean Air Act provisions gutted as well (subs. req'd), but quickly followed by telling reporters "I am not prepared to draw any lines in the sand and say anything is a must."

4. 1Sky markup priorities

Headed into a markup this week, 1Sky will be working diligently to:

1. Protect the Clean Air Act provisions that require performance standards for dirty coal plants.
2. Maintain economy-wide carbon reduction targets of of at least 20% by 2020.
3. Require electric local distribution companies (LDCs) to invest one-third of their emissions allowances in cost effective energy efficiency projects. Currently, the legislation requires natural gas LDCs to invest one-third of their allowances in energy efficiency upgrades as a part of their consumer protection responsibilities, but there is no such requirement for electric LDCs.

5. President Obama Gives Major Climate Address at MIT

On Friday, Oct. 23rd, President Obama gave a speech at the Massachusetts Institute of Technology, partially with the intent of giving the Senate climate bill a push. His remarks focused on the successes of the clean energy provisions in the stimulus bill and his hope that the Senate would pass a robust and comprehensive clean energy bill as soon as possible. His speech lacked specifics regarding his preferred timeline for the Senate climate bill and his plans in the lead-up to the Copenhagen negotiations, and it highlighted clean coal and nuclear as part of the clean energy solution alongside wind and solar.

6. October 24th – The 350.org International Day of Climate Action

On Saturday, Oct. 24th, 1Sky and others teamed up with 350.org to organize the largest coordinated day of political action in history – an international day of climate action to build awareness around the number "350" (parts per million), the safe level of carbon dioxide in the atmosphere. 1Sky organized over 220 events in 46 states nationwide. Some of the most successful events included a rally of 15,000 young people in the streets of Addis Ababa, Ethiopia, a massive gathering at the Sydney Opera House in Australia, parades and flashmobs all across Mexico, and a 4,000 person race in Lome, Togo. Check out www.350.org to see a slideshow and an incredibly moving video from the more than 5,000 events that took place all over the world.

Prepared by Nick Santos, Ben Wessel and Jason Kowalski from 1Sky’s policy team. Please direct questions or comments to jason@1sky.org.