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Public Citizen disappointed by process as Big Money works to weaken, kill bill

Statement by Andy Wilson, Global Warming Program Director, Texas Office

This evening, the House Energy and Commerce Committee passed HR 2454, The American Clean Energy and Security Act (ACES or ACESA), sponsored by Henry Waxman (D-CA) and Ed Markey (D-MA), by a margin of 33 – 25.

We would like to thank Gene Green (D-Houston) and Charlie Gonzalez (D-San Antonio) for their support of this step towards clean energy and saving the climate from runaway global warming. It is unfortunate, however, that they chose to weaken the energy efficiency and renewable energy sections of the bill, as stronger mandates would mean more local jobs and more savings for Texans.

They also supported giving away billions of dollars worth of carbon credits to polluters for free, despite knowing that these giveaways hurt low income households the most.

Big money was the deciding factor in this process, with the energy industry donating a total of $3.1 million on all members of the Energy and Commerce Committee in the 2008 campaign cycle, with nearly $2.3 million of that going to committee Republicans, who presented nearly monolithic opposition to the bill and attempted to weaken it at every turn. Ranking member Joe Barton (R-TX) received $406,887 in campaign contributions from the energy industry, the largest amount of any member on the panel, and orchestrated the GOP opposition. Notable opposition to the bill came from Jim Matheson (D-UT), who received $103,097, Charlie Melancon (D-LA), who received $125,100, John Barrow (D-GA) who received $88,743, and Mike Ross (D-AR) who received $59,800. The first three of these received more money from the energy industry than any other Democrats on the panel, while Ross was the fifth largest recipient among Democrats.

The architects of the compromises which weakened the bill also received large contributions from the energy industry, including Rick Boucher (D-VA) who received $67,300 and was the architect of the plan to give coal-fired electric utilities nearly all of their pollution credits for free. A similar deal was struck with oil refineries, whose donations to Gene Green (D-TX) and Charlie Gonzalez (D-TX) along with other energy industries was equal to $84,500 and $51,250, respectively.

Unfortunately, the bill leaves the committee weaker than it came in. It has moved to a short term reduction of CO2 emissions of only 17%, even though the research by the Nobel Prize winning IPCC shows that target needs to be closer to 30%. This bill is also potentially a budget buster, as it has moved away from President Obama’s original position of auctioning all of the pollution credits to giving away credits worth billions in revenue to industry for free. By giving away 85% of all carbon credits to industry, the Congress has also limited their ability to help low-income consumers and invest in efficiency, renewable energy, and international programs to aid lesser developed countries. Furthermore, they have added unlimited loan guarantees to the nuclear industry, even though the Government Accountability Office (GAO) has stated that it is likely that more than 50 percent of all nuclear loans will fail. The loan guarantees would be used to

Even worse, by giving away too many credits to special interests, we will repeat the mistakes of the European carbon market, where too many credits were given away at the outset and actual carbon reductions did not occur. Utilities still passed on “compliance costs” to their customers and prices increased, which led to the EPA’s analysis of the Waxman-Markey draft that any giveaways to industries are “highly regressive.”

A well designed cap and invest program with strong efficiency and renewable energy standards would save the average Texas household $900 per year according to a study by the Union of Concerned Scientists. We fear that by weakening the bill, as the Energy and Commerce Committee has, this savings could evaporate.

Now that the committee process has ended, it is now the responsibility of every Texas Representative to strengthen HR 2454. The bill needs to move back to scientifically and economically based goals in order to protect consumers and create a green jobs future for every family in the country.

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According to a Bloomberg article this morning, San Antonio Representative Charlie Gonzalez has joined

a group of Democrats on the House Energy and Commerce Committee (who) want to give utilities free permits for all their existing carbon emissions, according to people familiar with a plan sent to the committee’s chairman.

The article continues:

Representative Rick Boucher of Virginia sent the four-page list of recommendations to Henry Waxman, the committee’s chairman and the author of draft climate-change legislation that some of his fellow Democrats are seeking to temper, said the people, who declined to be identified before the plan is made public. Courtney Lamie, Boucher’s spokeswoman, didn’t respond to e-mail and phone messages.

Waxman’s measure would establish a cap-and-trade system of pollution credits designed to cut carbon dioxide 20 percent from 2005 levels by 2020. He needs to win the support of Boucher and the other Democrats pushing for changes in his plan because no Republicans are likely to vote for it, Representative Gene Green, a Texas Democrat, said yesterday.

“It’s all about the consumer,” said Representative Charles Gonzalez of Texas, whose San Antonio-area district has oil and gas operations. “It’s also the economic interests of a member’s district or region.”

Charlie Gonzalez just doesn’t have his facts straight on this one.  If you’re really concerned about consumers, giving away pollution credits for free is about the worst way you can write this bill.  Giving away allowances would force customers to pay for industry and utilities’ right to pollute without even cutting carbon emissions.  There is a right and a very wrong way to write a good climate change bill, and Charlie is supporting the wrong way.

EPA’s most recent analysis say that giving away pollution credits is “highly regressive”, meaning it hurts low-income families the most.  At best, this is a bailout and a free ride for the polluters.  At worst it will create windfall profits for huge energy companies at the expense of every lower and middle income family in Texas.  However, an auction fixes these problems.  EPA continues:

“Assuming that the bulk of the revenues from the program are returned to households, the cap-and-trade policy has a relatively modest impact on U.S. consumers. . . . Returning the revenues in this fashion could make the median household, and those living at lower ends of the income distribution, better off than they would be without the program

A good climate change bill will create billions of dollars of revenue by charging large polluters for the dangerous pollutants they’ve been emitting for decades.  This money could then be returned to taxpayers, particularly low-income households, to protect them from any price increases that energy industries may try to pass through to consumers.  Another portion of the money could also be used to pursue aggressive energy efficiency programs, so that citizens can save even more money by using less electricity.  Every dollar spent on energy efficiency will then also help reinvigorate local economy by putting people back to work doing energy audits and retrofitting inefficient homes.

Congressman Charlie Gonzalez needs to hear that what consumers really need is energy efficiency, renewable energy, lower electric bills and less pollution — not more industry giveaways.  So far, it looks like he’s only heard from the lobbyists for the big polluters.  We’ve heard that  Congressman Gonzalez will cast a deciding vote on whether Texans will be given the tools to forge a new, green economy, or left unprotected from the worst effects of extreme weather and high energy prices.

Congressman Charlie Gonzalez is the swing vote on this issue.  Please pick up the phone and call him.  The phone number for his DC office is (202) 225-3236 and his office in San Antonio is (210) 472-6195.  You can also email his office from his website

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