Hill Heat

Download the full text here.

A SUMMARY OF THE CLEAN ENERGY JOBS AND AMERICAN POWER ACT

AS INTRODUCED September 30, 2009

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. This Act may be cited as the “Clean Energy Jobs and American Power Act”.

Sections 2. Findings. Describes the impacts of climate change and the benefits of transitioning to a clean energy economy.

Section 3. Economywide Emission Reduction Goals. Establishes targets for reducing global warming pollution.

Section 4. Definitions.

DIVISION A—AUTHORIZATIONS FOR POLLUTION REDUCTION, TRANSITION, AND ADAPTATION

Section 101. Structure of Act. Describes the authorizations included in the bill, including those that receive an allocation of allowances under Division B.

Sen. Jay Rockefeller (D-W.V.), who has not previously taken a strong position on climate legislation, issued a statement strongly opposing the Kerry-Boxer Clean Jobs Act introduced today:

“The climate legislation proposed today by Senators Boxer and Kerry is a disappointing step in the wrong direction and I am against it. Requiring 20 percent emission reductions by 2020 is unrealistic and harmful – it is simply not enough time to deploy the carbon capture and storage (CCS) and energy efficiency technologies we need. Period. Our nation cannot survive without energy from coal and any viable climate policy must solidify our future by focusing on technology to make coal cleaner faster. I will continue studying the bill and all of its implications for our state and the coal industry. This is by no means the defining word on climate legislation in the Senate. I remain adamant in my conviction not to support any bill that might threaten the economy, workers or families across West Virginia. We should take the time to approach these issues with absolute care and diligence – they require nothing less.”

Breaking from most national environmental organizations, Friends of the Earth has issued a detailed critique of the Kerry-Boxer Clean Energy Jobs and American Power Act, which limits global warming pollution and invests in clean energy:

We commend Senators Boxer and Kerry for their dedication to combating the important problem of climate change but we cannot support a bill that fails to solve the problem. Overall the draft is riddled with loopholes and does not go far enough to protect the planet.

Friends of the Earth’s “areas of concern” include:

Emissions Cap: Science demands at least a 40% reduction in emissions, compared to 1990, by 2020. The draft bill has emissions reductions targets of about 20 percent below 2005 levels – nowhere near what a fair U.S. contribution to a global emissions reductions should be to avert climate catastrophe

Clean Air Act: The draft bill prohibits the Administration from regulating greenhouse gas emissions from new power plants and other stationary sources until 2020.

Offset Loopholes: The extensive use of unreliable offsets in this draft bill, up to 2 billion tons a year, seriously undermines the integrity of the already weak emissions cap and delays the health, environmental, and economic benefits of shifting to a low-carbon economy.

Methane Regulations: The House-passed bill would require emissions from landfills, coal mines and natural gas pipelines to be regulated, but under the Kerry-Boxer draft, these sources can voluntarily capture methane in exchange for offset payments.

Markets Regulations: The bill would create from scratch a new commodities market for carbon that could quickly be the largest market in the world and has no specifics on how that market would be regulated.

Subsidizes Dirty Energy: The bill gives special subsidies to expensive, unsafe and environmentally damaging technologies such as nuclear reactors and carbon capture and sequestration and capture for coal plants, not to mention ambiguous incentives for biofuels.

Friends of the Earth’s policy team will be taking a deeper look at the bill in further days and release a more detailed analysis at a later date so that we can work with the Senate to pass legislation that will fairly and effectively address the problem of climate change.

Today, Sens. John Kerry (D-Mass.) and Barbara Boxer (D-Calif.) introduced the Clean Energy Jobs and American Power Act, the Senate version of the American Clean Energy and Security Act’s (H.R. 2454) climate provisions. Sen. Kerry introduced the bill:

For too long, Washington has let oil companies, lobbyists, and special interests maximize their profits and minimize our progress. Our dependence on foreign oil has hurt our economy, helped our enemies, and put our national security at risk. It’s time to invest in energy solutions that are made in America, and work for America. It’s time to take back control.

This bill will get tough on corporate pollution and put American ingenuity to work to dramatically improve every facet of the way America generates and uses energy. It will create millions of new, good-paying jobs, protect our air and water from dangerous pollution, and secure our children’s future by making America more energy independent. And it does not raise the federal deficit by one single dime.

Several environmental and labor organizations have responded.

Alliance for Climate Protection:

Today’s legislation introduction by Senators Barbara Boxer and John Kerry reflects significant progress in our nation’s efforts to transition to a clean energy economy that will create millions of new clean energy jobs. Their work and that of their committees should be commended. We look forward to the upcoming discussions that will further inform and forward a bipartisan bill. Right now, we have the opportunity to fundamentally transform how we generate and use energy in this country, to put ourselves back in control of our economy and national security and to assert global leadership in a new 21st century clean energy economy. By taking action this year to pass comprehensive clean energy and climate legislation, future generations will look back and know that their leaders stepped up to tackle a deteriorating economy and the specter of climate change head on, ensuring a healthy, prosperous nation.

Audubon Society:

Senators Boxer and Kerry have blended some new and vital ingredients into the recipe for a truly meaningful and comprehensive energy plan. The Clean Energy Jobs and American Power Act would make a huge difference by requiring dirty power plants to clean up their acts and by establishing strong short-term emission reduction targets. Big polluters would have to slash their contributions to global warming, while the plan would help repower America with clean energy, create new jobs and cut our dangerous dependence on oil. That’s a recipe for energy success. The new measure is a big step toward the final legislation that America needs, Congress can support and the President will sign. We look forward to working with Senators Boxer and Kerry and members of the Environment & Public Works Committee to ensure the passage of a strong bill in the coming weeks.

Blue-Green Alliance:

The Blue Green Alliance commends Senators Boxer and Kerry for introducing comprehensive climate change and clean energy legislation. To truly achieve our goals of a cleaner environment and a prosperous and fair clean energy economy, we must pass comprehensive legislation that protects workers and ignites our clean energy economy. The Copenhagen negotiations are just around the corner, and it is critical that the U.S. Senate move on this legislation to send a strong message to the world.

Earthjustice:

We commend Senators Kerry and Boxer for their leadership in confronting one of the biggest challenges of our time. They share our vision of a clean energy future that addresses the heat-trapping pollutants responsible for climate change and puts America back in control of our economy, our security and our children’s future. For years we’ve relinquished control of our energy sector to other countries and to big corporate interests. Holding polluters accountable and investing in clean energy here at home will not only address the crisis of climate change but create jobs and put money back into the pockets of Americans. Naysayers ignore both the real costs of global warming and the economic benefits of a rapid shift to clean energy. They are intent on derailing and delaying action, but today’s announcement proves that momentum is building. Americans know we have everything to gain in confronting this challenge and implementing solutions.

Greenpeace:

While the language the Senate unveiled today contains some improvements over the House bill, it fails to commit the US to meaningful, science-based greenhouse gas emissions reductions needed to protect us from runaway climate change. This proposal meets neither the needs of science nor those of the international community, which is currently negotiating the landmark climate treaty. This proposal comes as climate science increasingly suggests that global warming is advancing even more quickly and more broadly than predicted. A UN report released just last week projects the planet is on track to warm beyond 2 degrees Celsius, a threshold climate scientists say would create an unacceptable risk for a global climate catastrophe. Despite this urgency, the legislation only proposes to cut emissions by 7 percent below 1990 levels by 2020 while the Nobel Prize winning Intergovernmental Panel on Climate Change indicates that developed countries must cut emissions at least 25% – 40% under 1990 levels by 2020. The threat of runaway global warming has prompted countries such as Japan, India, Indonesia and China to commit to increasingly ambitious emissions reductions in recent weeks. The Alliance of Small Island States (AOSIS), low-lying island nations whose very existence is threatened by sea level rise, urged world leaders last week to preserve their countries’ livelihood and survival by ensuring that global temperatures be kept as far below 1.5 degrees Celsius as possible. For years there has been scientific consensus on the perils of global warming. Now there is increasingly international political consensus on the need for bold, immediate, and coordinated action by world leaders. Unfortunately, what is still missing is a plan from the U.S. that matches our historic responsibility to address the crisis and the scale of the threat we all face. With the deadline for action at the Copenhagen Climate Summit fast approaching, we urge President Obama to assume leadership for global warming policy and to commit to negotiate a fair, ambitious and binding treaty in line with the science and not the demands of the fossil fuel industry.

The rhetoric and campaigning heats up as Sens. Barbara Boxer (D-Calif.) and John Kerry (D-Mass.) prepare to unveil climate legislation on Wednesday, September 30th.

Kit Bond (R-MO)

St. Louis Post-Dispatch They were 30,000 petitions gathered by the Missouri Association of Electric Cooperatives urging Bond, R-Mo., to oppose present versions of cap-and-trade legislation to combat global warming as Congress gets ready to see a new bill this week. “I think certain people pushing this bill see me as one of the biggest thorns in their sides. If they don’t now, they will,” said Bond, who was on hand to receive the postcards.

Barbara Boxer (D-CA)

E&E News “The legislation is going to be very interesting to people because we did some really different things and we’re excited about it.”

Sherrod Brown (D-OH)

E&E News “It’s going to need a lot of work.” Brown said he did not expect the Boxer-Kerry bill to include language adopted in the House that tries to assist energy-intensive manufacturing industries, including steel, pulp and paper and cement. “My understanding is they did not include the House language on manufacturing. But I’ve been talking to them about it. They are very open to it. They are in no way dismissive.”

E&E News Both Brown and Stabenow said they would welcome the release of the Senate bill even though it will give critics something tangible to target. “It always does. There is always something to shoot at. But I think it is the right step, and then we start working to improve it.”

Maria Cantwell (D-WA)

Des Moines Register “We are seeing a system that is just inherent with special interests.”

Tom Carper (D-DE)

Sussex Countian “We must act to reduce black carbon – a dangerous pollutant emitted by old, dirty diesel engines like those in some school buses and thought to be the second largest contributor to global warming after carbon dioxide.”

Bob Corker (R-TN)

Des Moines Register Sen. Bob Corker, R-Tenn., called the proposed credit trading a “Rube Goldberg notion” that would wind up “transferring wealth out of this country to other countries around the world.”

Speaking at the United Nations Climate Summit, President Barack Obama said “the time we have to reverse this tide is running out.” E&E News interviewed Senators on their schedule for action.

John Barrasso (R-WY)

“Nearly 1 in 10 Americans are looking for work. President Obama’s scheme is for less American energy production. Less energy production will mean fewer jobs for Americans.”

Max Baucus (D-MT)

Finance Chairman Max Baucus (D-Mont.) also said yesterday that he is still planning a markup for key pieces of the climate bill that deal with international trade and allocation of allowances. “I’m going to take my cues largely from leader Reid to see what his schedule is, and how quickly climate change is moving this year. If it looks like it’s clearly moving, we’re going to mark up.”

Barbara Boxer (D-CA)

For her part, Boxer would not give any specifics when asked about her timeline for moving the bill through the Environment and Public Works Committee. “We’re going to mark up shortly. As soon as we’ve held the requisite number of hearings.”

Dick Durbin (D-IL)

Majority Whip Dick Durbin (D-Ill.) was also circumspect about Obama’s call for moving the climate bill. “I want to get to all of these issues this year, as the president has asked us to. But I think Senator Reid is reflecting the reality of the calendar, and we just have to see what we end up with. Senator Boxer is preparing for the debate. She’s ready. But the question is whether we have the time to treat this issue as it should.” “The Europeans are our friends and allies and we need to work with them and the rest of the world on this climate change issue. But unfortunately, the European Union doesn’t have control over the Senate calendar. And Senator Reid, I think, is being honest that this is becoming problematic the longer it takes for us to get to health care.”

John Kerry (D-MA)

Boxer and Kerry are still aiming to release their legislation before the end of the month, though Kerry yesterday tried to give himself a little bit of wiggle room for its formal unveiling. “That’s our current plan. But we’ve got a lot of drafting to do between now and then. But we’re working on it.”

John McCain (R-AZ)

“I’ll take second place to no one on climate change. I introduced the first cap-and-trade bill on the Senate floor. I introduced the second. All of them had nuclear power as a component. The radical environmentalists are driving the agenda. And for someone to say that they have a robust nuclear element, I’d love to see it. There’s been no indication of it.”

Harry Reid (D-NV)

Majority Leader Harry Reid (D-Nev.) yesterday sidestepped a question about whether he would hold a vote before the end of the year on the Boxer-Kerry legislation. “We’re going to push climate as hard and as fast as we can.”

“Sometimes in this country the greatest deliberative body in the world acts as though it is the only deliberative body in the world, and that we should wait until it gets its healthcare passed,” the EU’s ambassador to the US, John Bruton, has complained. “The world cannot wait on the Senate’s timetable.”

Ben Cardin (D-MD)

E&E News “We’re not at 60 votes yet. But there are a lot of potential senators who could be part of that 60.” “We think we can get Republican support for this bill. Not just one senator, but several.” “It’s not easy to predict how we’ll complete the work this year. But we’re making every effort to get it done this year. We’re certainly working toward concrete progress before the Copenhagen meetings. I think we’re clearly working with the goal of action this year.”

Tom Carper (D-DE)

Tom Carper “We always talk about silver linings. The fact we’ve slowed down on health care I think gives us a chance to do a better job on the clean energy front. We need to take advantage of that.”

Dick Durbin (D-IL)

The Hill “I wish we could have done everything we had to do by now, but it just takes time. It’s a new president, a new Congress and a big agenda. It just takes time.”

Jim Inhofe (R-OK)

USA Today If the deal making in Copenhagen leads to a new pact that would harm the U.S. economy, “no such treaty or agreement can be approved by the Senate,” says Sen. James Inhofe, R-Okla.

John Kerry (D-MA)

E&E News Senate Foreign Relations Chairman John Kerry (D-Mass.), Boxer’s lead co-pilot in writing the climate bill, said that the authors are in talks with their fellow Democrats on carbon market oversight, as well as funding for clean coal technology, other low-carbon energy technologies and adaptation. “There are a lot of different pieces,” Kerry said. Asked how often he is counting votes, Kerry replied, “Every day.”

The Hill “The U.S. has been dragging its feet for eight years.”

Frank Lautenberg (D-NJ)

E&E News As for specifics, Boxer had been under pressure from her left to ramp up the House-passed bill’s 2020 target from 17 percent to 20 percent. “I don’t have to prevail on Senator Boxer,” said Sen. Frank Lautenberg (D-N.J.). “She knows what’s right.” “I’m feeling pretty good about the tactics, the strategy, that as much as possible, we’d like it to include Republicans. The one thing I believe, bipartisanship is a means, not an ends.”

Dick Lugar (R-IN)

The Hill “I don’t know that we’ve pulled back. It’s just the formulation from the House I find objectionable on many grounds. Without jumping up and down any further, I think more constructive ways of fighting climate change can be found and I’ll be working to find it.”

John McCain (R-AZ)

E&E News When asked about Bruton’s criticism, Sen. John McCain (R-Ariz.) shot back, “Well, I don’t think there are 10 Americans that know who he is.”

Lisa Murkowski (R-AK)

Washington Post “I believe very strongly that action on climate change has to include meaningful reductions. We have also got to make sure that we don’t kick the economy in the head.”

The Hill “There are some who are saying that we have to hurry up and do it yesterday because Copenhagen is coming. This is a serious enough issue that we must take the time to do it right.”

Ben Nelson (D-NE)

E&E News “The alphabet agencies are not the fourth branch of government, and they ought to take judicial notice of what’s happening and what’s not happening in the Senate,” Nelson said last week when asked about the prospect of EPA climate regulations.

The Hill Sen. Ben Nelson (D-Neb.), who opposed a global warming bill creating a cap-and-trade system last year, said he doesn’t pay much attention to what people from other countries say about the Senate. “We’re going to do it the way we think it’s appropriate to do it. And we will not be driven by their criticisms.”

Mark Warner (D-VA)

The Hill “I’m not sure that the Senate is going to be dictated by the timing in December. It would be helpful to go to that very important meeting with legislation, but I’m not sure people are going to feel comfortable rushing it.”

Sheldon Whitehouse (D-RI)

The Hill Sen. Sheldon Whitehouse (D-R.I.) said the EU is right to blame the Senate for blocking long-needed action. “Partly, it’s the fact that healthcare is crowding everything else out, but it’s also partly because the polluting industries see the Senate as a place where they can hold 40 votes,” Whitehouse said.

At the United Nations Climate Summit on Tuesday, president Hu Jintao announced China would make “notable” reductions in carbon intensity while generating 15 percent of its electricity from renewable sources by 2020. E&E News asked senators for their responses.

Evan Bayh (D-IN)

Sen. Evan Bayh (D-IN) said he had not yet seen the details. “But that’s a step in the right direction,” he said. “Clearly, the major economies are going to need to do this in concert. And it’ll be difficult for us to act unless the Chinese and the Indians are willing to make commitments that will actually solve this problem. So it’s a good sign. I’ll be interested to know the magnitude of it and whether it suggests further progress or whether it’s just symbolic.”

Kit Bond (R-MO)

“I want to see what the details are. It’s a target. Is it enforceable? . . . These are ministers, vice ministers and the commerce and environmental protection agency. They said they’re not going to do anything that’s going to stifle the growth of the economy—that they need to put all the people back to work.”

Barbara Boxer (D-CA)

“The more that other countries pledge to cut their carbon and to protect their own people from pollution, it helps us greatly.”

Lindsey Graham (R-SC)

“That’s encouraging. That will help us make decisions on our emission problems.”

Ted Kaufman (D-DE)

Sen. Ted Kaufman (D-Del.), a member of Kerry’s Foreign Relations Committee, said China’s decision was a clear signal to U.S. businesses. “The difference here is, they’ve figured out it’s in their economic interest to be involved in this,” Kaufman said. “This is one pledge that they’re going to deliver on.”

Joe Lieberman (I-CT)

The Hill Sen. Joe Lieberman (I-Conn.), who is working with McCain and other centrist senators to find broad support for a climate change bill, said that Hu’s commitment to targets was “a very significant and encouraging step.” “No question there’s a certain amount of people here who will not take on the responsibility that we have to take on to do things to deal with climate change unless China also does,” said Lieberman, whose bipartisan group is looking at ways to increase U.S. nuclear power.

John Kerry (D-MA)

“I think anything China does, if it’s constructive and fixed and measurable, and ascertainable, it’ll be very helpful, absolutely.”

John McCain (R-AZ)

“We’ll see the details. They’ve made similar commitments in the past but haven’t kept them.”

Barbara Boxer (D-CA)

E&E News For her part, Boxer brushed aside Lincoln’s public opposition to the cap-and-trade bill. “She’s such an expert on agriculture. It’s great,” Boxer said. “And I look forward to working with her on all of the issues, including climate.”

Sherrod Brown (D-OH)

Reuters “People are so focused on healthcare, there haven’t been a lot of discussions,” on the climate bill worries, Brown added. Meanwhile, Senator Blanche Lincoln, who is taking over the chairmanship of the influential Senate Agriculture Committee, on Wednesday fretted climate change legislation would hurt farm profitability through higher energy costs. It would be “a heavy lift” to pass a climate change bill this year, she predicted. “In this economy, it is important to take it one step at a time,” she said as she praised the pending energy bill.

Saxby Chambliss (R-GA)

E&E News In contrast to the Democrats, several GOP members of the agriculture panel said Lincoln’s recent comments against the climate bill indicate she could be independent of Democratic leadership. “I think it could, but I don’t know,” said ranking member Saxby Chambliss (R-Ga.). “I can’t jump inside her mind and see. It has the potential to change it.”

Dick Durbin (D-IL)

Reuters “It’s a difficult schedule” with many members already “anxious” about healthcare reform, Senator Dick Durbin, the second-ranking Democrat, told Reuters when asked about prospects this year for a bill to cap emissions of carbon dioxide and other greenhouse gases.

Russ Feingold (D-WI)

Wisconsin Business “I’m not signing onto any bill that rips off Wisconsin,” Feingold declared, arguing the bill’s mandatory caps on greenhouse gas emissions could put the coal-dependent Badger State at an economic disadvantage compared to other regions and nations. “Western Wisconsin is particularly strong in being concerned about this because of their reliance on coal,” Feingold said of the bill, which has already passed the House. “There is a real possibility … that it will be unfair to Wisconsin and Wisconsin ratepayers.” In addition to fixing the bill’s carbon allocations to put the Midwest on better economic footing with the rest of the country, Feingold was among 10 senators to recently raise the possibility of levying tariffs on other nations – including China – that may not practice comparable environmental responsibility. ”Why should we leave ourselves completely exposed while they just get to go forward?” Feingold asked.

Van Jones, Special Advisor for Green Jobs at the Council on Environmental Quality resigned Saturday night. Below is the text of his resignation letter, sent to Chair Nancy Sutley:

I am resigning my post at the Council on Environmental Quality, effective today.

On the eve of historic fights for health care and clean energy, opponents of reform have mounted a vicious smear campaign against me. They are using lies and distortions to distract and divide.

I have been inundated with calls – from across the political spectrum – urging me to “stay and fight.”

But I came here to fight for others, not for myself. I cannot in good conscience ask my colleagues to expend precious time and energy defending or explaining my past. We need all hands on deck, fighting for the future.

It has been a great honor to serve my country and my President in this capacity. I thank everyone who has offered support and encouragement.

I am proud to have been able to make a contribution to the clean energy future. I will continue to do so, in the months and years ahead.