The Committee on Energy and Commerce met in open markup session Monday, May 18, 2009 through Thursday, May 21, 2009 to consider the American Clean Energy and Security Act of 2009.
Below is a Summary of Amendments Offered
No Amendments were offered on May 18th, Day 1 of the Markup
Summary of Amendments Offered May 19th, Day 2 of the Markup
An amendment offered by Rep. Mike Rogers, R-MI, would require annual certification by the Administrator, in consultation with the Department of State and the USTR that China and India have adopted a mandatory greenhouse gas reduction program at least as stringent as that would be imposed under the Act. If those countries failed to implement such a program, the Act would be suspended. This will ensure that China and India do not obtain competitive advantage over the United States. This amendment was voted down, 36 to 23.
For a detailed vote tally and a copy of this amendment, click here.
An amendment offered by Rep. Greg Walden, R-OR., would replace the flawed definition of "renewable biomass," ensuring biomass from both public and private lands would be treated equally under the Act. A vote for this amendment is a vote for forestry jobs and for environmental health. This amendment was voted down, 32 to 26.
For a detailed vote tally and a copy of this amendment, click here.
An amendment offered by Rep. Roy Blunt, R-MO, would require the EPA, in consultation with the Department of Energy, to certify annually the average retail price of residential electricity. If the price increases more than 10% above 2009 rates, adjusted for inflation, the Act would cease to be effective. This would ensure consumers will not be subjected to exorbitant electricity prices. This amendment was voted down, 32 to 23.
For a detailed vote tally and a copy of this amendment, click here.
An amendment offered by Rep. Lee Terry, R-NE, would require annual EPA certification of the average retail price of gasoline. If the price exceeds $5 per gallon, as a result of the Act, the Act would cease to be effective. This would ensure consumers will not be subjected to exorbitant gasoline prices. This amendment was voted down, 31 to 25.
For a detailed vote tally and a copy of this amendment, click here.
An amendment offered by Rep. Fred Upton, R-MI, would require the EPA Administrator every year to prepare and certify a report to Congress on the national unemployment rate for the past year. If the unemployment rate reaches 15% or higher as a result of the Act, the Act would be suspended to protect jobs. This amendment was voted down, 34 to 21.
For a detailed vote tally and a copy of this amendment, click here.
An amendment offered by Rep. Marsha Blackburn, R-TN, would direct the EPA to require that the costs of compliance with Waxman-Markey must be disclosed on each utility bill, fuel pump, manufactured product label, or food label, as the case may be. This would ensure consumers will be directly informed about the costs of the Waxman-Markey bill. This amendment was voted down, 35 to 19.
For a detailed vote tally and a copy of this amendment, click here.
Summary of Amendments Offered May 20th, Day 3 of the Markup.
An amendment offered by Rep. Cliff Stearns, FL., would afford to existing nuclear power plants the same benefits provided to new nuclear power plants under this bill. Nuclear energy plants, whether they are already operating or constructed years from now, all provide the dual benefit of reducing national carbon emissions while promoting energy independence. This amendment recognizes that. This amendment was voted down 30 to 26.
For a detailed vote tally and a copy of this amendment, click here.
An amendment offered by Mr. John Shadegg AZ., would require that the Administrator annually inform Congress and the public if China and India do not adopt greenhouse gas emission standards at least as strict as the standards required under this Act. This amendment would promote transparency regarding global efforts to reduce GHG emissions, assisting Congress and the public in evaluating this Act's effectiveness. This Amendment Passed by Voice Vote.
For a detailed vote tally and a copy of this amendment, click here.
An Amendment by Rep. Steve Scalise, R-LA., would strike section 201 from the Act, which mandates implausible new building codes for residential and commercial buildings that would violate the 10th Amendment to The Constitution. Striking this section is necessary for that reason alone, but these new codes would also put up a roadblock to growth in the housing and construction industries. A vote for this amendment helps ensure that affordable quality housing is a part of this nation's future. This amendment was voted down, 20 to 31.
For a detailed vote tally and a copy of this amendment, click here.
An amendment offered by Rep. Cliff Stearns, R-FL, would strike from the act section 204, which requires the EPA to create a tiered rating scheme to partition residential and commercial buildings into different categories based on their energy efficiency. Forcing all homes to conform to a set of arbitrary efficiency labels fails to reflect the unique nature of the housing market, and could raise volatility in an already unstable sector of this economy. This amendment will prevent these onerous regulations and protect Americans’ home equity. This amendment was voted down, 29 to 27.
For a detailed vote tally and a copy of this amendment, click here.
An amendment by Rep. John Sullivan, R-OK., would amend the Act to encourage the use of natural gas powered buses. This amendment will serve to reduce carbon emissions and promote energy independence. This amendment passed by voice vote.
For a detailed vote tally and a copy of this amendment, click here.
Three amendments offered en bloc by Rep. George Radanovich, R-CA., would prevent the federal government from imposing regulations on portable electric spas, hot food cabinets, and water dispensers. Restricting the production of these goods will damage more than just these industries. These regulations will hinder consumer choice, raise prices, and expand federal government regulation into more aspects of daily life. These amendments were voted down, 34 to 22.
For a detailed vote tally and a copy of this amendment, click here.
An amendment offered by Rep. Lee Terry, R-NE., would ban the Federal government from using indirect changes in land use as a component in calculating lifecycle greenhouse gas emissions. This amendment was voted down, 36 to 20.
For a detailed vote tally and a copy of this amendment, click here.
An amendment offered by Rep. Tim Murphy, R-PA, would suspend the cap-and-trade provisions of the Act if the EPA determines that these provisions are responsible for the loss of 10,000 or more jobs in the U.S. steel industry. This amendment would provide a critical safety valve for a vital U.S. industry and the hundreds of thousands of Americans who depend on it. This amendment was voted down, 35 to 20.
For a detailed vote tally and a copy of this amendment, click here.
An Amendment offered by Rep. Michael Burgess, R-TX., would ban the trading of carbon credit based derivatives, protecting the American economy and its financial assets from exposure to a potentially volatile and obscure new market, as well as the accompanying systemic risk. This amendment was voted down, 35 to 22.
For a detailed vote tally and a copy of this amendment, click here.
An amendment offered by Rep. Marsha Blackburn, R-TN., would establish that carbon dioxide, water vapor, and other greenhouse gases are not air pollutants under the Clean Air Act. This amendment will prevent the Environmental Protection Agency from imposing intrusive regulations into all aspects of American’s lives. This amendment was voted down, 33 to 23.
For a detailed vote tally and a copy of this amendment, click here.
An amendment offered by Rep. Phil Gingrey, R-GA., would establish that all emissions allowances will be auctioned and the proceeds generated would be returned to the state in which the purchaser is located. This would eliminate inequitable distribution of benefits among the States, avoid federal red tape, and enable States to distribute funds directly to assist consumers, workers, and businesses affected by higher energy prices. This amendment was voted down, 52 to 4.
For a detailed vote tally and a copy of this amendment, click here.
Summary of Amendments offered May 21st, the 4th and Final Day of the Markup
An amendment by Greg Walden, R-OR., would add language to the bill allowing nuclear energy, biomass, new hydro-electric power, as well as any other comparable low-emission source of energy to qualify for the same provisions provided under this Act's renewable energy standard. If America is to reduce CO2 emissions and increase energy independence, we should encourage all sources of clean, domestic energy. This amendment was voted down 29 to 26.
For a detailed vote tally and a copy of this amendment, click here.
A set of bloc amendments offered by Rep. Mike Rogers, R-MI., would suspend the cap-and-trade provisions of the Act if these provisions cause job-loss in the auto industry, the transportation equipment industry, and the auto parts industry. These industries are vital to the U.S. economy and millions of American households. These amendments would afford them a critical insurance policy against the potentially disastrous side effects of this Act. These amendments were voted down, 32 to 22.
For a detailed vote tally and a copy of these amendments, click here.
An amendment offered by Rep. Roy Blunt, R-MO., would suspend the cap-and-trade provisions of the act if it is determined that they have caused consumer electricity bills to rise by 20 percent or more above 2009 levels. This would provide a crucial release valve to the American people from higher energy prices. This amendment was voted down, 34 to 22.
For a detailed vote tally and a copy of this amendment, click here.
An amendment offered by Rep. George Radanovich, R-CA., would suspend the cap-and-trade provisions of the Act if it is determined that they have caused the average residential electricity bill to double with respect to 2009 residential electricity bills. This would provide a crucial release valve to the American people from higher energy prices. This amendment was voted down, 30 to 19.
For a detailed vote tally and a copy of this amendment, click here.
An amendment offered by Rep. John Shimkus, R-IL, would suspend the cap-and-trade provisions of the bill if it is determined that these provisions have caused the closure of two coal mines. The coal mining industry is a fundamental building block for this Nation's energy supply, its energy security, its economy, and its future. This amendment would protect this keystone industry and the hundreds of thousands of Americans who depend on it for employment and prosperity. This amendment was voted down, 34 to 22.
For a detailed vote tally and a copy of this amendment, click here.
An amendment offered by Rep. Ed Whitfield, R-KY., would establish a safety net system for the economy if the cap-and-trade provisions of this Act are too stringent. Under the amendment, should the price of an emission allowance for one ton of CO2 become unduly expensive, emitters would be allowed to purchase additional allowances at cheaper rates.
The proceeds of these purchases would go to fund research in carbon capture and storage technologies. This amendment would install a safety valve in cap-and-trade, which when triggered, would turn a potential economic crisis into an opportunity for technological innovation. This amendment was voted down, 35 to 20.
For a detailed vote tally and a copy of this amendment, click here.
An amendment by Rep. Joe Pitts and Rep. Tim Murphy, R-PA., would empower each State to determine for itself what energy sources would qualify under the Act's Renewable Energy Standard. Each State has a unique and diverse energy portfolio, which reflects that State's individual needs and resources. Forcing the States to conform to the expensive provisions of a single standard could hamstring the Nation's economic ability to move towards a new portfolio of clean, reliable, and affordable energy. This amendment was voted down, 31 to 23.
For a detailed vote tally and a copy of this amendment, click here.
U.S. Rep. Joe Barton, R-Texas, spoke about his alternative to the Waxman-Markey global warming bill which he offered as an amendment: "This substitute in any other Congress would be considered vey progressive and very moderate. But because it still attempts to use the market system and the price mechanism to let people make free choices on which forms of energy to use and how to use them, it is not as directive and invasive by government as the pending legislation. It does not have a cap and trade program. We do accept that it would be better for the economy if we were less carbon-intensive, so instead of a cap-and-trade mechanism that’s very complicated, we take a page out of the current the law, the Clean Air Act, and set performance standards. We set a limit on the amount of CO2. This substitute is comprehensive. It would work. It would be good law." The alternative was voted down, 35 to 19.
For a copy of the alternative and a detailed vote tally, click here.
For a summary of the alternative, click here
Three amendments offered en bloc by Rep. Blunt, R-MO., Rep. Stearns, R-FL., and Rep. Pitts, R-PA., would help ensure that coal generated power would stay competitive under the Act. The amendment by Rep. Blunt would expand the additional emission requirements imposed on Coal electricity generating facilities to all electricity generating facilities. The Amendment offered by Rep. Stearns would allow the operators of carbon capture and sequestration facilities to transfer ownership and therefore public liability of the storage facilities to the state or Federal government. The amendment offered by Rep. Pitts would allow coal and natural gas power plants equipped with CCS technology to qualify as renewable resources under the provisions of the Act. Coal is one of America's most abundant and essential resources. These amendments would help ensure America can continue to depend on the great economic benefits and the secure and well-paying jobs provided by coal and natural gas energy. These amendments were voted down, 33 to 23.
For a detailed vote tally and a copy of these amendments, click here.
An amendment by Rep. Steve Buyer, IN., would take actions to ensure that electricity meters are installed at Federal buildings in an effort to promote greater transparency and energy efficiency. This amendment passed by voice vote.
For a detailed vote tally and a copy of these amendments, click here.
An amendment offered by Rep. Steven Scalise, R-LA., would restrict the purchasing, selling, and trading of emissions allowances only to owners and operators of entities covered by the bill. This would prevent speculators and traders from entering the carbon allowance markets and potentially adversely affecting the price of carbon allowances. This amendment was voted down, 32 to 20.
For a detailed vote tally and a copy of this amendment,click here.
Representatives Upton R-MI., Deal R-GA., Shadegg R-AZ., and Radanovich R-CA., offered a group of amendments En Bloc.
Rep. Deal offered an amendment that would require the Secretary of Energy to notify Congress quarterly on the number of workers receiving compensatory benefits for the damages inflicted upon them by the provisions of this act, as well as the value of these benefits. This amendment would foster greater transparency of the implementation and effects of the Act.
Rep. Upton offered five amendments which would install various safety mechanisms in the Act to relieve households from drastic increases in the price of electricity and natural gas. These Amendments would respectively suspend the provisions of this act: if the average residential monthly electricity account is in arrearage by $175 or more, if 25 percent or more of residential monthly electricity accounts are overdue, if the average residential monthly natural gas account is in arrearage by $400 or more, if 25 percent or more of residential monthly natural gas accounts are overdue, or if the national termination rate for consumers in either the electric or natural gas industry is 8 million households or more.
Rep. Scalise offered an amendment that would require Congress to reauthorize the cap-and-trade provisions of the Act every five years in order to ensure responsible oversight of the Act and its effect on the economy.
Rep. Burgess offered an amendment that would outlaw international carbon offsets under the cap-and-trade program.
Rep. Buyer offered an amendment that would ensure the equitable distribution of allowances to utilities based on their emission levels.
These amendments were voted down, 38 to 20.
For the text of these amendments and a detailed vote tally, click here.
Representatives Shadegg R-AZ., Upton R-MI., Radanovich R-CA., and Walden R-CA., offered a group of amendments En Bloc
Rep. Shadegg offered two Amendments. The first would eliminate the creation of the "International Clean Technology Fund" from the bill, and direct the funds which would be allocated to it to low-and moderate-income households to help compensate for the higher energy costs created by the Act. The second amendment offered by Rep. Shadegg would allow States experiencing unreasonably high unemployment rates as a result of the act's cap-and-trade provisions to opt out of these provisions to protect that State's economy and jobs.
Rep. Upton offered an amendment that would re-allocate funds previously designated toward mitigating the environmental impacts of international deforestation, higher global temperatures, and international clean technology deployment, to American citizens adversely impacted by this legislation if the national unemployment rate rises above 10%.
Rep. Radanovich offered an amendment that would require the EPA to submit a report every year to Congress on the number of domestic jobs lost in the agriculture industry. If 43,846 jobs or more have been lost since the enactment of the Act, the cap-and-trade provisions of the Act would be suspended. Representatives Upton R-MI., Deal R-GA., Shadegg R-AZ., and Radanovich R-CA., offered a group of amendments En Bloc.
Rep. Walden offered an Amendment that would remove from the legislation additional regulations that would discourage or prevent the deployment of new hydroelectric facilities. Hydroelectric is the cleanest source of emissions free baseload power generation. It's deployment should be accelerated, not hindered, if America is to move towards a future with clean, reliable, and affordable energy.
These amendments were voted down, 36 to 22.
For the text of these amendments and a detailed vote tally, click here.
The American Clean Energy Act was reported out of Committee by a vote of 33 Yea to 25 Nay.
For a detailed vote tally, click here.