Republicans Filibuster Renewable Tax Credit Legislation Again

Posted by Brad Johnson on 18/06/2008 at 07:54AM

By a 52-44 vote, the Senate failed to achieve cloture on the Renewable Energy and Job Creation Act of 2008 (H.R. 6049), the tax package that included extensions of the renewable production tax credit, energy efficiency incentives, and a suite of other tax credit extensions. This version included an Alternative Minimum Tax (AMT) patch without any offset.

Sen. Reid (D-Nev.) cast a procedural vote with the Republicans and Sens. Clinton, Kennedy, McCain, and Obama did not vote. Sens. Collins, Coleman, Corker, Smith, and Snowe voted with the Democrats (Collins, Coleman, and Smith are up for re-election). The voting was otherwise entirely on party lines.

The timeline of the tax credits:

  • FILIBUSTERED: June 17: H.R. 6049 filibustered 52-44 (Reid procedural vote with GOP)
  • FILIBUSTERED: June 10: H.R. 6049 filibustered 50-44 (Reid procedural vote with GOP)
  • PASSES SENATE, DIES IN HOUSE: April 10: S.Amdt. 4419 (tax credits without offsets, attached to Dodd housing bill) passes 88-8; not in House version
  • PASSES HOUSE: February 27: House passes Renewable Energy and Energy Conservation Tax Act (H.R. 5351; tax credits paid by closing oil loopholes) 236-182; referred to the Senate Finance Committee.
  • FILIBUSTERED: February 6: S. Amdt 3983 to H.R. 5140 (tax credits without offsets, attached to stimulus package) filibustered by one vote (58-41; Reid procedural vote with GOP, McCain not voting)
  • January 30: Senate Finance Committee attaches tax credits to stimulus package
  • FILIBUSTERED: December 13: H.R. 6 (tax credits paid by closing oil loopholes) filibustered by one vote (59-40; Landrieu with GOP, McCain not voting). Version of H.R. 6 without tax credits or RES passes 86-8.
  • PASSES HOUSE: December 6: House passes H.R. 6 with tax credits and RES 235-181.
  • June 21: Senate passes S.Amdt.1502 to H.R. 6 (no tax credits or RES)
  • FILIBUSTERED: June 21: S.Amdt. 1704 to S.Amdt. 1502 to to H.R. 6 (tax credits paid by closing oil loopholes) filibustered 57-36 (Landrieu with GOP, Boxer, Brownback, Coburn, Johnson, McCain, Sessions not voting)
  • PASSES HOUSE: January 18: House passes H.R. 6 with tax credits and RES 264-163.

Senate Republicans block movement on two bills to spur renewable energy investment

Posted by on 11/06/2008 at 08:16AM

Cross-posted from Gristmill.

With gas prices now averaging a record $4.04 a gallon in the United States, the Senate voted on two bills Tuesday that would have revoked tax breaks for Big Oil and extended tax credits to renewable energy. Proponents of the two measures touted them as vital for consumer relief and transition to new energy sources, but both measures failed to muster the 60 votes needed to proceed.

The first vote, on the Consumer First Energy Act (S. 3044), fell short of cloture by a vote of 51-43. The second, on the Renewable Energy and Job Creation Act of 2008 (H.R. 6049), failed by a vote of 50-44. Both votes fell largely along party lines.

The Consumer First Energy Act

The Consumer First Energy Act would have levied a 25 percent tax on “windfall profits” of major oil companies, the proceeds of which would be invested in the Energy Independence and Security Act Trust Fund. Companies could avoid the tax by investing in renewable energy.

“It will force the oil companies to do something to help us get out of this mess instead of just profiting from it,” said Sen. Chuck Schumer (D-N.Y.) on the floor shortly before the vote.

The bill would also repeal tax breaks for major oil and gas companies, estimated at a value of $17 billion over the next 10 years, and suspend filling of the Strategic Petroleum Reserve through the end of 2008. There were measures to discourage “price gouging” and limit speculation in oil markets. The bill would also call for a NOPEC policy (clever acronym alert: “No Oil Producing and Exporting Cartels”). This would crack down on the Organization of the Petroleum Exporting Countries (OPEC) by amending anti-trust laws and allowing the U.S. Attorney General to take legal action against countries and companies. Currently, a court ruling from 1979 gives OPEC members immunity in U.S. courts.

Republican leaders spoke on the floor in favor of expanding domestic oil drilling in places like the Arctic National Wildlife Refuge as a solution to gas-price woes rather than measures to move toward renewable energy sources. “This bill isn’t a serious response to high gas prices. It’s just a gimmick,” said Minority Leader Mitch McConnell (R-Ky.). “Republicans are determined to lower gas prices the only way we can: increasing supply.”

But proponents of the bill were adamant that the only way to bring down the costs of oil in the long term is to curb the country’s dependence on the fossil fuel. “We are in an oil crisis, and we better start taking action to get out of this mess,” said Bob Menendez (D-N.J.). “Feeding that addiction by tapping another vein just drills us into a deeper hole.”

Democratic leaders pointed out that Republicans wanted to talk about gas prices last week, when a climate change bill was on the floor, but when a bill addressing the underlying causes of high gas prices came up, Republicans refused to let it proceed.

“Last week they wanted to make global warming legislation about gas prices,” said Majority Leader Harry Reid (D-Nev.). “When they have the chance to vote on it, they walk away.”

Six Republicans – Norm Coleman (Minn.), Susan Collins (Maine), Chuck Grassley (Iowa), Gordon Smith (Ore.), Olympia Snowe (Maine), and John Warner (Va.) – voted in favor of moving to debate on the proposed legislation. Democrat Mary Landrieu (La.) voted against it (as did Reid, but his was a procedural move to ensure that he can bring the bill to the floor again in the future).

The Renewable Energy and Job Creation Act

The second bill, the Renewable Energy and Job Creation Act of 2008, was the Senate partner to the tax-extenders legislation that passed in the House last month. The $54 billion package would have extended tax breaks for renewable energy that are set to expire at the end of this year. It includes a six-year extension of the investment tax credit for solar energy; a three-year extension of the production tax credit for biomass, geothermal, hydropower, landfill gas, and solid waste; and a one-year extension of the production tax credit for wind energy. The bill also has incentives for the production of renewable fuels such as biodiesel and cellulosic biofuels, incentives for companies that produce energy-efficient products, and incentives to improve efficiency in commercial and residential buildings. Funding for the tax credits would come from closing loopholes for hedge-fund managers and multinational corporations.

Republicans Smith, Snowe, and Bob Corker (Tenn.) voted in favor of cloture on the bill, as did all of the Democrats present for the vote.

The tax-break extensions have stalled in the Senate several times before, and folks in the renewables industry are starting to get nervous as we near the expiration of those credits at the end of this year.

“More than ever, with record energy prices, record unemployment, and grave concerns about global warming, Congress needs to work out differences so we can stabilize energy costs for consumers and businesses, improve our nation’s energy security, and create tens of thousands of quality, green-collar jobs,” said Solar Energy Industries Association President Rhone Resch following the vote.

Green groups rushed to chastise GOP leaders for the obstruction. “By once again blocking efforts to extend these crucial clean energy tax incentives that are in danger of expiring, this minority is responsible for kicking the economy while it’s down,” said Sierra Club Executive Director Carl Pope in a written statement. “Jobs are already being lost in the renewable-energy industry and at least 100,000 more could disappear unless Congress acts to immediately renew these tax incentives.”

Resume consideration of the motion to proceed to S. 3044, the Consumer-First Energy bill

The Senate will resume consideration of the motion to proceed to S. 3044, a bill to provide energy price relief and hold oil companies and other entities accountable for their actions with regard to high energy prices, and for other purposes; provided, that there be one hour for debate prior to the cloture vote, equally divided and controlled between the two Leaders or their designees, with the final 20 minutes equally divided between the two Leaders or their designees, with the Majority Leader controlling the final 10 minutes prior to the cloture vote on the motion to proceed.

In addition, cloture has been filed on H.R. 6049, an act to amend the Internal Revenue Code of 1986 to provide incentives for energy production and conservation, to extend certain expiring provisions, to provide individual income tax relief, and for other purposes.

U.S. Senate
Capitol
10/06/2008 at 10:00AM

Oversight of the Bush Administration’s Energy Policy

As oil and gas hit new records above $128 a barrel and $3.78 this week, many analysts are predicting even further increases in the price of gasoline as we edge towards the travel months of summer. To explore the Bush administration’s contributions to this energy crisis and the administration’s refusal to respond, Chairman Edward J. Markey (D-Mass.) and the Select Committee on Energy Independence and Global Warming announced today that Secretary of Energy Stephen Bodman will testify before the Committee on Thursday, May 22, as Americans prepare for the Memorial Day weekend, the beginning of the summer driving season.

Chairman Markey will also seek answers from Secretary Bodman on why the Bush administration continues to defend $18 billion in tax breaks to the top five most profitable oil companies that House Democrats want to redirect to fund renewable energy that could help consumers.

Witness

  • Samuel Bodman, Secretary, U.S. Department of Energy
House Energy Independence and Global Warming Committee
2175 Rayburn

22/05/2008 at 09:30AM

Markup of H.R. 6049, the Energy and Tax Extenders Act of 2008

The House Committee on Ways and Means today passed bipartisan legislation to extend vital tax relief to millions of families, strengthen investment opportunities for American businesses and encourage the production and use of renewable energy. The legislation, H.R. 6049, the Energy and Tax Extenders Act of 2008, was introduced by Committee Chairman Charles B. Rangel (D-NY) and could be considered by the full House of Representatives as early as next week. H.R. 6049 passed the Committee by a vote of 25-12.

Information.

H.R. 6049 Energy and Tax Extenders Act of 2008

Summary: H.R. 6049, the Energy and Tax Extenders Act of 2008, will provide almost $20 billion of tax incentives for investment in renewable energy, carbon capture and sequestration demonstration projects, energy efficiency and conservation. The bill will also extends $27 billion of expiring temporary tax provisions, including the research and development credit, special rules for active financing income, the State and local sales tax deduction, the deduction for out-of-pocket expenses for teachers, and the deduction for qualified tuition expenses. In addition, the bill provides almost $10 billion of additional tax relief for individuals through an expansion of the refundable child tax credit and a new standard deduction for property taxes. The bill would be primarily offset by closing a tax loophole that allows individuals that work for certain offshore corporations, such as hedge fund managers, to defer tax on their compensation and would delay the effective date of a tax benefit that has not yet taken effect for multinational corporations operating overseas.

House Ways and Means Committee
1100 Longworth

15/05/2008 at 10:30AM

Democratic Leadership Struggling to Move Forward with Renewable Tax Package

Posted by Brad Johnson on 08/05/2008 at 05:08PM

On Wednesday, House leadership told reporters that they are having another go at an extension of the renewable and energy-efficiency tax credits that has been stalled since last year. From E&E News:

The House Ways and Means Committee will likely take up the new package next week and will bring it to the floor sometime before Memorial Day, Chairman Charles Rangel (D-N.Y.) told reporters yesterday. The renewable energy package will be part of a broader multibillion dollar package of “tax extenders” for various items that are set to expire this year.

“Before the Memorial Day break, we will be bringing to the floor a comprehensive energy tax package that promotes research and development and promotes efficiency,” House Speaker Nancy Pelosi (D-Calif.) said yesterday. “The resources are there, the motivation is real, and I think they have reached some level of agreement with the Senate,” she added.

Sen. Max Baucus, chair of the Senate Finance Committee, has included the renewable tax credits with a package that would also extend tax credits against the Alternative Minimum Tax, the Alternative Minimum Tax and Extenders Tax Relief Act of 2008 (S. 2886).

Neither effort provides funding mechanisms.

Senate Passes Ensign-Cantwell PTC Extension 88-8

Posted by on 11/04/2008 at 09:53AM

Yesterday morning, the Senate passed the Ensign-Cantwell clean energy package (S.Amdt 4419) by a vote of 88-8. The package is attached to Sen. Chris Dodd’s (D-Conn.) Foreclosure Prevention Act (S. Amdt 4387 to H.R. 3221), which was approved 84-12.

The future of the energy package now depends on whether the House is willing to consider it a “stimulus” that merits deficit spending.

The eight senators in opposition were Sens. Alexander (R-Tenn.), Bunning (R-Ky.), Byrd (D-W.Va.), Carper (D-Del.), Dodd (D-Conn.), Kyl (R-Ariz.), Sessions (R-Ala.), and Voinovich (R-Ohio). Alexander and Kyl’s alternate version of the package (S. Amdt 4429), which would have extended credits by another year and lowered the wind production credit, died by a 15-79 vote. Dodd had vigorously argued that the renewable tax package was not germane to his housing bill.

Not voting were the three presidential candidates and Sen. Liddy Dole (R-S.C.).

Renewable Tax Incentive Amendment to Housing Package Expected Today

Posted by Brad Johnson on 07/04/2008 at 01:22PM

The Senate is meeting this afternoon to resume consideration of Sen. Chris Dodd’s (D-Conn.) Foreclosure Prevention Act (S. Amdt 4387 to H.R. 3221).

On the docket for consideration today is the Ensign-Cantwell amendment (S.Amdt 4419), the latest attempt by Congress to continue renewable and energy efficiency tax incentives due to expire this year. The details of the package offered by Sen. John Ensign (R-Nev.) and Maria Cantwell (D-Wash.) were first reported by Hill Heat last week.

Also up for consideration is Sen. Lamar Alexander’s (R-Tenn.) and Jon Kyl’s (R-Ariz.) second-degree amendment (S. Amdt 4429), which would extend the tax credits from 2009 to 2011 and tweak the marine energy and trash combustion credits.

CQ reported that Sen. Dodd exploded on the floor last week in opposition to efforts to include extensions of the clean energy tax credits, saying “This is a housing bill! This isn’t a Christmas tree! It’s a housing bill! I’m going to oppose every one of these [unrelated amendments] from here on out.”

Dodd did not note the irony that the housing package is being considered as a completely unrelated replacement substitute to the House’s Renewable Energy and Energy Conservation Tax Act (H.R. 3221), which would have rolled back tax breaks for oil companies in order to pay for the renewable tax incentives (and has been blocked repeatedly in the Senate, most recently in February). The Ensign-Cantwell amendment does not provide any funding mechanism for the tax credit continuation, and would violate pay-go rules. The Alexander-Kyl amendment would exacerbate the funding problem.

New Senate Renewable Tax Package Possible Today

Posted by Brad Johnson on 02/04/2008 at 03:56PM

According to a report in CQ Tuesday, the Senate deadlock on the renewable tax-credit package may have broken, led by efforts by Sen. Maria Cantwell (D-Wash.) and John Ensign (R-Nev.). Ensign told reporters he expects “a big announcement” on Thursday.

Details of the renewable incentives have been released, but not the full package, including revenue provisions (that is, is oil company tax breaks will be rolled back) and other elements that have been in previous iterations, such as benefits for the coal industry.

A summary:

  • The renewable energy production tax credit (PTC) is extended one year to 2009 and modified to include tidal power
  • The solar and fuel cell investment tax credit (ITC) is extended 8 years to 2016
  • The residential energy-efficient property credit is extended one year to 2009, and the $2,000 cap is removed
  • Clean Renewable Energy Bonds (CREBs) are extended one year to 2009, with an additional $400 million authorized
  • The 10% ITC for energy-efficiency improvements to existing homes is extended one year to 2009
  • The contractor tax credit for energy-efficient new homes is extended two years to 2010
  • The energy-efficient commercial buildings deduction is extended one year to 2009 and increases the $1.80/sqft max to $2.25/sqft
  • The energy-efficient appliance credit is extended to 2010

The full language explaining the incentives is after the jump.

Senate Not Open to Oil-For-Renewable Package Reconciliation

Posted by Brad Johnson on 05/03/2008 at 09:12AM

Despite earlier reports that the Senate was considering inclusion of the oil-for-renewable package (H.R. 5351) in its budget reconciliation, as the budget markup begins today, the filibuster-proof strategy has been taken off the table.

The National Journal reports:

While a Senate budget resolution is going to set aside $13.4 billion over five years for these renewable and efficiency credits – some of which expire this year – it merely signals that the issue is one of the priorities for Senate Democrats and does not forward debate over how to pay for those credits. . . a spokesman for Reid said he will not resurrect an energy tax debate until after lawmakers come back from the upcoming two-week Easter recess.

The Journal also reports that Sen. Maria Cantwell (D-Wash.) has been tasked by Majority Leader Reid to attempt to find further Republican votes to establish a veto-proof majority for the package.

CQ Politics points to Sen. Landrieu as objecting to using reconciliation:

Sen. Mary L. Landrieu , D-La., for example, is against using the process to pass renewable-energy tax breaks if they lead to tax hikes on oil and gas companies.

Sen. Landrieu cast a deciding vote against the oil-for-renewable tax package during the 2007 energy bill debate.