Hill Heat

By a vote of 235-181, the House of Representatives passed the version of H.R. 6 which contains both House and Senate provisions (CAFE of 35 MPG by 2020, RES of 15% by 2020, oil/gas rollback with PTC, green jobs, and other provisions, RFS).

Rep. Edward Markey:

Today marks the dawn of a future with less dependence on foreign oil, more renewable energy, and a safer climate. This bill marks a turning point away from America’s untenable path of reliance on dirty fossil fuels that pollute our planet and link us to dangerous foreign regimes and towards a new energy independence future.

CQ reports:

The timetable for House action on a sweeping energy bill appeared to be slipping Wednesday, as lawmakers attempted to nail down final details of the package.

The Rules Committee was still waiting to see exact language of the comprehensive measure (HR 6), casting doubt on whether the bill would reach the floor before Thursday.

Legislative aides said details still needed to be worked out on the measure’s tax provisions, which could require adjustment to cover a possible $1 billion shortfall in meeting pay-as-you-go budget rules.

Democratic leaders also were working to whip up votes for what is expected to be a close vote in the House, and to placate the White House, which earlier this week said it was considering a veto of the bill if it repeals subsidies for big oil companies and requires 15 percent of electricity produced by 2020 to come from renewable sources like wind and solar. . .

Stephanie Herseth Sandlin, D-S.D., said she believed that the bill would win support from enough Blue Dogs to pass the House.

“It will have the support of some of them. I hope it will be enough,” she said.

But Rep. Gene Green, D-Texas, said Tuesday that he would not support the legislation because it would repeal tax breaks for oil and gas companies.

Another Blue Dog, Agriculture Chairman Collin C. Peterson, D-Minn., said he had been told the floor vote on the bill would probably slip to Thursday.

The House of Representatives is planning to vote this afternoon on the energy bill compromise, following an emergency meeting of the House Rules Committee yesterday evening to allow for “consideration of the Senate amendments to the bill (H.R. 6) to reduce our Nation’s dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes.”

As prefigured by John Dingell’s participation in the details of the CAFE component of the energy bill deal, the American auto industry is lending its support to the bill, a sharp reversal from its heavy lobbying against the standards in previous months.

Detroit News:

Automakers, which have successfully blocked raising passenger car standards for more than two decades, objected to a 40 percent increase, saying it would cost them billions to comply and could force them to make fewer of their biggest, most profitable models.

But General Motors Corp. Chairman and CEO Rick Wagoner said in a statement Saturday that the Detroit automaker will meet the new challenge.

“There are tough, new CAFE standards contained in the energy bill before Congress that pose a significant technical and economic challenge to the industry,” Wagoner said. “But, it’s a challenge that GM is prepared to put forth its best effort to meet with an array of engineering, research and development resources. We will continue our aggressive pursuit of advance technologies that will deliver more products with more energy solutions to our customers.”

Toyota Motor Corp. praised congressional leaders for “taking this very important step toward establishing new, aggressive nationwide fuel economy standards.”

“Toyota will not wait for new standards to be set, but will move forward expeditiously to apply advanced technologies to improve the fuel economy of our fleet,” said Jo Cooper, Toyota’s vice president for government affairs in North America.

Dave McCurdy, president and CEO of the Alliance of Automobile Manufacturers, the trade group that represents Detroit’s Big Three, Toyota, Daimler AG and five other automakers, said “this tough, national fuel economy bill will be good for both consumers and energy security. We support its passage.” Mike Stanton, who is president and CEO and the Association of International Automobile Manufacturers, the trade group that represents Toyota, Honda Motor Co., Nissan Motor Co. and Hyundai Motor Co., among others, expects his members to support the compromise. “We wanted Congress to act,” Stanton said in an interview. “It’s not perfect, but I think we’re going to be pleased.”

House leadership is whipping votes today for the energy bill deal, to be entitled the Energy Independence and Security Act when introduced. Highlights of the deal:

• CAFE Standard: Increase fuel economy standards to 35 miles per gallon by 2020 for new cars and trucks
• Renewable Fuels Standard: Multiple-source domestic biofuels mandate with environmental safeguards
• Plug-in hybrid/electric vehicle tax credit and advanced vehicle incentives
• Repeal of $21 billion in tax subsidies for gas and oil companies (H.R. 6), international tax loophole closed, rollback of 2005 Energy Act tax breaks
• Renewable Electricity Standard: 15% by 2020 (4% may be efficiency)
• Efficiency Standards: new appliance and building standards
• Renewable Production Tax Credit and other incentives: extends existing PTC, funds renewable research, provides renewable energy bonds for power providers
• Energy Efficiency and Renewable Energy Worker Training Program
• Incentives for small business development of renewable energy technology
• Carbon Capture and Sequestration: R&D and clean coal incentives

Full details of the legislation are below the fold.

In a letter to Congress, White House economic advisor Allan Hubbard reiterated President Bush’s October 15 veto threat of the energy bill deal brokered by the Democratic leadership, leaving no room for compromise from the president’s demands.

On October 15, I wrote you to outline a basic framework for a bill that would not compel the President’s senior advisors to recommend a veto. Based on the limitd information we have received, it seems the provisions under discussion would not satisfy those criteria. In fact, it appears Congress may intend to produce a bill the President cannot sign.

The Administration continues to believe that all the elements described in my earlier letter constitute the appropriate framework for energy legislation. Press reports indicate that your draft energy bill would fail to meet at least some of these conditions, for example by including a mandatory Renewable Portfolio Standard (RPS), a title increasing taxes, or an expansion of Davis-Bacon prevailing wage requirements.

Further criticisms include the difference between the Congressional renewable fuels standard and the White House’s preferred “alternative fuels standard”, and not excluding the EPA’s Clean Air Act authority from CAFE regulation.

The full letter is available here.

On Saturday, Sen. Pete Domenici (R-N.M.), ranking member of the Senate Energy and Natural Resources Committee, challenged the energy bill deal brokered by the Democratic leadership, attacking the inclusion of a Renewable Portfolio Standard (also known as the renewable electricity standard).

For weeks, my staff, along with Senator Bingaman’s, has been engaged in good faith negotiations with the House under a defined set of parameters laid out at the start of the process. We have made substantial bipartisan progress toward finalizing a bill. The legislation we have been working on contained a robust, much-needed Renewable Fuels Standard, important provisions on energy efficiency and carbon sequestration, and a long overdue increase in fuel economy standards. The parameters agreed to by Speaker Pelosi and communicated to us by Senate Democrats did not include a renewable portfolio standard.

Domenici complained particularly about what he saw as a lack of good faith.

At this time, I have instructed my staff to cease their work on the energy bill, since the final bill apparently will not be the product of our bipartisan negotiations. As someone who has been working for 35 years to forge bipartisan, good-faith compromises on tough issues like the federal budget and energy policy, I know that your word means everything. It is particularly disappointing for me to see that such a sentiment seems to be a thing of the past.

Sen. Domenici himself has failed to maintain such bipartisan compromises on this very bill. During the May committee markup of the Senate version of the energy bill (S. 1321, H.R. 6), Sen. Domenici failed to maintain a bipartisan deal to avoid controversial amendments during markup—Democrats had agreed not to introduce RPS in committee, and Domenici claimed Republicans would not introduce coal-to-liquids language. However, Sen. Craig Thomas, R-Wyo., introduced a coal-to-liquids amendment, breaking the deal.

Friday afternoon the Democratic leadership in Congress announced the results of the energy bill negotiations that began in August and went into overdrive during the Thanksgiving recess, particularly once Rep. John Dingell (D-Mich.) signaled his willingness to support the 35 MPG CAFE standard as long as some technical provisions were included.

Speaker Pelosi:

CAFE will serve as the cornerstone of the energy legislation that will be on the House floor next week. We will achieve the major goal of increasing vehicle efficiency standards to 35 miles per gallon in 2020, marking an historic advancement in our efforts in the Congress to address our energy security and laying strong groundwork for climate legislation next year. We are confident that this final product will win the support of the environmental, labor and manufacturing communities.

This landmark energy legislation will offer the automobile industry the certainty it needs, while offering flexibility to automakers and ensuring we keep American manufacturing jobs and continued domestic production of smaller vehicles.

This comprehensive package will also include an increase in the Renewable Fuels Standard and a Renewable Electricity Standard, among other key provisions.

Translation of Pelosi’s statement:

“Offering flexibility to automakers”: The flex-fuel credit will extend to 2014, and be phased out by 2020.

“Continued domestic production of smaller vehicles”: The standards will distinguish between foreign-made and domestic vehicles

“Among other key provisions”: the status of the oil/gas subsidy rollback and related tax package, including the Production Tax Credit, is still under negotiation.

More details on the likely energy bill compromise are emerging. It appears that the renewable electricity standard and oil subsidy rollback provisions of the energy bill (H.R. 6/H.R. 3221), are being dropped, perhaps to be considered as a separate bill (per H.R. 2776) either concurrently or in the next year. The associated renewable incentives and research funds paid for by the rollback would have to also be dropped under pay-go rules.

The rollback was a key component of Speaker Pelosi’s 100 Hours Agenda:

We will energize America by achieving energy independence, and we will begin by rolling back the multi-billion dollar subsidies for Big Oil.

New York Times:

Reaching agreement on that timetable is likely to require Congressional leaders to drop provisions like a mandate that electric utilities nationwide generate 15 percent of their power from renewable sources, including wind, solar and hydroelectric power. Utilities lobbied intensively against that requirement.

A House-passed measure to repeal $16 billion in tax breaks for the oil industry is also expected to be scrapped, aides said. President Bush threatened to veto the entire package if the oil and gas tax bill were included.

Wall Street Journal:

Speaker Nancy Pelosi is pushing for a vote next week on compromise legislation aimed at reducing the nation’s reliance on fossil fuels, a major source of greenhouse gases. Democratic leaders have wrestled for months with how to meld the Senate bill, which includes a new fuel-economy mandate for auto makers, and the House bill, which would require power companies to use greater amounts of wind, solar and other renewable fuels. With only a few weeks left in the year, Democrats are now considering a new option: moving two separate bills.

One measure would include the proposed fuel-economy increase as well as a proposal to boost production of ethanol and related biofuels. The companion bill would include the utility mandate, as well as a tax package rolling back oil industry tax breaks.

According to a report in the National Journal’s subscription-only Congress Daily, Congress is nearing a compromise to resolve the differences between the Senate (HR 6) and House (HR 3221) versions of the comprehensive energy package. Major sticking points have been CAFE standards, renewable fuels mandate, a federal renewable energy standard, and renewable energy tax incentives (the renewable production tax credit (PTC)).

Speaker Pelosi indicated the sense of progress in a press release Monday:

Congress is now moving forward with historic energy legislation that will reduce our dependence on foreign fuels and promote energy efficiency. We have made significant progress toward completing this package and hope to have a final agreement next week.

The draft compromise, according to Congress Daily and Hill Heat sources, incorporates suggestions from Rep. John Dingell (D-Mich.)’s November 13 letter to Speaker Pelosi.

CAFE

• By 2020, 35 mpg average standard for cars, light trucks and SUVs (in line with HR 6)
• Separate fuel-economy standards for cars and trucks
• Distinctions between domestic and foreign-made vehicles in standards

Renewable Fuels Mandate

• By 2015, required production of 20.5 billion gallons of renewable fuels, with as much as 15 billion gallons coming from corn-based ethanol (HR 6 had 36 billion by 2022)
• By 2015, required production of 5.5 billion gallons of advanced biofuels—fuel not derived from sugar or starch and that can cut lifecycle greenhouse gas emissions in half
• National Academy of Sciences study within 18 months of mandate impact, followed by periodic reviews authorized by the Clean Air Act of technologies and the feasibility of complying with the mandate

PTC

• According to Hill Heat sources, the extension of the PTC is likely, though perhaps for as little as one year.