C
Captain Compassion
Guest
Dems drafting bill that could derail state warming law
California officials upset -- Pelosi aides say plan needs work
Zachary Coile, Chronicle Washington Bureau
Tuesday, June 5, 2007
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2007/06/05/MNG44Q7OS01.DTL&type=printable
(06-05) 04:00 PDT Washington -- House Democrats, in their first draft
of new energy legislation, would wipe out California's landmark global
warming law -- despite their California speaker's promises that her
party would use the state as a model to combat climate change.
The legislation would pre-empt California and 11 other states from
implementing laws requiring automakers to reduce greenhouse gas
emissions across their fleets. The bill would prohibit the
Environmental Protection Agency from granting the states waivers to
put their climate change rules into effect.
California officials, including Gov. Arnold Schwarzenegger's top
environmental aides, blasted the legislative proposal.
"We're concerned that Congress is trying to take away the state's
right to clean our air and protect our citizens," said BreAnda
Northcutt, a spokeswoman for the California Environmental Protection
Agency. The bill "appears to be singling out California's climate
action efforts, and the 11 additional states that have adopted our
standards, and tying our hands."
The move was an ironic twist on a familiar story for California. When
Republicans ran the House, they regularly tried to pre-empt the
state's laws on food safety labeling, the minimum wage and consumer
privacy -- and Democrats often cried foul. But this new effort is
being led by some of the Democratic majority's most senior lawmakers.
However, the pre-emption plan might never see the light of day -- if,
as expected, House Speaker Nancy Pelosi of San Francisco and lawmakers
from other affected states use their clout to quash the idea before it
gets out of committee.
Pelosi was unavailable for comment Monday, but her staff termed the
measure a draft that needed much more work.
The proposal was written by Rep. Rick Boucher, a Democrat who
represents a coal-producing district in southwest Virginia and chairs
the House Energy and Commerce subcommittee charged with crafting
climate change legislation. The full committee's chairman, Rep. John
Dingell, D-Mich., a longtime ally of the auto industry, also played a
key role in putting together the new legislation.
Boucher's and Dingell's offices declined to comment on the proposal.
The "discussion draft" bill was posted by Boucher's staff on the
committee's Web site late Friday. Environmentalists read the bill over
the weekend, and by Monday morning they were exchanging urgent e-mails
warning that it could end the ability of states such as California to
pursue more aggressive climate change policies than the federal
government.
The bill would add language to the Clean Air Act stating that the
Environmental Protection Agency administrator could not grant states a
waiver for their vehicle emissions rules if "such state standards are
designed to reduce greenhouse gas emissions." In other words, any
state rules seeking to curb global warming would be null and void.
The legislation also appears to limit the power of the agency to set
federal climate change rules -- even though the Supreme Court in April
ruled that greenhouse gases are air pollutants and the Environmental
Protection Agency must regulate vehicle emissions or explain why it
won't.
The draft bill says the power of the EPA is limited to requiring
reporting of greenhouse gas emissions, while the National Highway
Traffic Safety Administration, which sets fuel economy standards, must
regulate vehicle emissions.
Sierra Club attorney David Bookbinder, in a legal analysis prepared
for environmental groups, said the bill amounted to an overturning of
part of the Supreme Court's decision.
Bill Becker, executive director of the National Association of Clean
Air Agencies, said, "It's a double whammy. It not only preempts
California and the rest of the states from moving forward (with new
climate rules), it prevents the EPA from moving forward as well."
The bill comes as California officials testified recently at EPA
hearings in Washington and Sacramento, urging top agency officials to
grant the state's request for a waiver. California's rules would
require automakers to cut emissions in cars and light trucks by 25
percent and in larger trucks and sport utility vehicles by 18 percent
by 2016.
The timing of the bill's release also was awkward for Pelosi. The
speaker had just returned from a global warming-themed trip to Europe,
where she witnessed the fast-melting ice sheets of Greenland and
pledged to foreign leaders that she would lead the charge in Congress
for mandatory limits on greenhouse gases.
Kevin Curtis, vice president of the National Environmental Trust, said
environmentalists were stunned that Boucher would release a bill that
was sure to stir an uproar in the speaker's home state -- at the time
she is publicly challenging the Bush administration over its
climate-change policies.
"We're scratching our heads," Curtis said. "It's no mystery to anyone
that the speaker is from California. Why would he embarrass himself
and the speaker by putting it in there?"
Pelosi's aides emphasized Monday that the bill was only a discussion
draft in a subcommittee, not a final bill on the House floor. The
speaker "will be reviewing this draft legislation and following its
progress," her spokesman Drew Hammill said.
Other parts of the bill also are stirring debate. The measure would
subsidize coal-to-liquid fuels, which emit about twice the greenhouse
gas emissions of traditional petroleum-based fuels -- unless those
gases can be trapped and stored underground, a still unproven
technology.
The bill is part of a package of energy independence measures that
Pelosi hopes to bring to the floor before July 4.
--
There may come a time when the CO2 police will wander the earth telling
the poor and the dispossed how many dung chips they can put on their
cook fires. -- Captain Compassion.
Wherever I go it will be well with me, for it was well with me here, not
on account of the place, but of my judgments which I shall carry away
with me, for no one can deprive me of these; on the contrary, they alone
are my property, and cannot be taken away, and to possess them suffices
me wherever I am or whatever I do. -- EPICTETUS
Celibacy in healthy human beings is a form of
insanity. -- Captain Compassion
"Civilization is the interval between Ice Ages." -- Will Durant.
Joseph R. Darancette
daranc@NOSPAMcharter.net
California officials upset -- Pelosi aides say plan needs work
Zachary Coile, Chronicle Washington Bureau
Tuesday, June 5, 2007
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2007/06/05/MNG44Q7OS01.DTL&type=printable
(06-05) 04:00 PDT Washington -- House Democrats, in their first draft
of new energy legislation, would wipe out California's landmark global
warming law -- despite their California speaker's promises that her
party would use the state as a model to combat climate change.
The legislation would pre-empt California and 11 other states from
implementing laws requiring automakers to reduce greenhouse gas
emissions across their fleets. The bill would prohibit the
Environmental Protection Agency from granting the states waivers to
put their climate change rules into effect.
California officials, including Gov. Arnold Schwarzenegger's top
environmental aides, blasted the legislative proposal.
"We're concerned that Congress is trying to take away the state's
right to clean our air and protect our citizens," said BreAnda
Northcutt, a spokeswoman for the California Environmental Protection
Agency. The bill "appears to be singling out California's climate
action efforts, and the 11 additional states that have adopted our
standards, and tying our hands."
The move was an ironic twist on a familiar story for California. When
Republicans ran the House, they regularly tried to pre-empt the
state's laws on food safety labeling, the minimum wage and consumer
privacy -- and Democrats often cried foul. But this new effort is
being led by some of the Democratic majority's most senior lawmakers.
However, the pre-emption plan might never see the light of day -- if,
as expected, House Speaker Nancy Pelosi of San Francisco and lawmakers
from other affected states use their clout to quash the idea before it
gets out of committee.
Pelosi was unavailable for comment Monday, but her staff termed the
measure a draft that needed much more work.
The proposal was written by Rep. Rick Boucher, a Democrat who
represents a coal-producing district in southwest Virginia and chairs
the House Energy and Commerce subcommittee charged with crafting
climate change legislation. The full committee's chairman, Rep. John
Dingell, D-Mich., a longtime ally of the auto industry, also played a
key role in putting together the new legislation.
Boucher's and Dingell's offices declined to comment on the proposal.
The "discussion draft" bill was posted by Boucher's staff on the
committee's Web site late Friday. Environmentalists read the bill over
the weekend, and by Monday morning they were exchanging urgent e-mails
warning that it could end the ability of states such as California to
pursue more aggressive climate change policies than the federal
government.
The bill would add language to the Clean Air Act stating that the
Environmental Protection Agency administrator could not grant states a
waiver for their vehicle emissions rules if "such state standards are
designed to reduce greenhouse gas emissions." In other words, any
state rules seeking to curb global warming would be null and void.
The legislation also appears to limit the power of the agency to set
federal climate change rules -- even though the Supreme Court in April
ruled that greenhouse gases are air pollutants and the Environmental
Protection Agency must regulate vehicle emissions or explain why it
won't.
The draft bill says the power of the EPA is limited to requiring
reporting of greenhouse gas emissions, while the National Highway
Traffic Safety Administration, which sets fuel economy standards, must
regulate vehicle emissions.
Sierra Club attorney David Bookbinder, in a legal analysis prepared
for environmental groups, said the bill amounted to an overturning of
part of the Supreme Court's decision.
Bill Becker, executive director of the National Association of Clean
Air Agencies, said, "It's a double whammy. It not only preempts
California and the rest of the states from moving forward (with new
climate rules), it prevents the EPA from moving forward as well."
The bill comes as California officials testified recently at EPA
hearings in Washington and Sacramento, urging top agency officials to
grant the state's request for a waiver. California's rules would
require automakers to cut emissions in cars and light trucks by 25
percent and in larger trucks and sport utility vehicles by 18 percent
by 2016.
The timing of the bill's release also was awkward for Pelosi. The
speaker had just returned from a global warming-themed trip to Europe,
where she witnessed the fast-melting ice sheets of Greenland and
pledged to foreign leaders that she would lead the charge in Congress
for mandatory limits on greenhouse gases.
Kevin Curtis, vice president of the National Environmental Trust, said
environmentalists were stunned that Boucher would release a bill that
was sure to stir an uproar in the speaker's home state -- at the time
she is publicly challenging the Bush administration over its
climate-change policies.
"We're scratching our heads," Curtis said. "It's no mystery to anyone
that the speaker is from California. Why would he embarrass himself
and the speaker by putting it in there?"
Pelosi's aides emphasized Monday that the bill was only a discussion
draft in a subcommittee, not a final bill on the House floor. The
speaker "will be reviewing this draft legislation and following its
progress," her spokesman Drew Hammill said.
Other parts of the bill also are stirring debate. The measure would
subsidize coal-to-liquid fuels, which emit about twice the greenhouse
gas emissions of traditional petroleum-based fuels -- unless those
gases can be trapped and stored underground, a still unproven
technology.
The bill is part of a package of energy independence measures that
Pelosi hopes to bring to the floor before July 4.
--
There may come a time when the CO2 police will wander the earth telling
the poor and the dispossed how many dung chips they can put on their
cook fires. -- Captain Compassion.
Wherever I go it will be well with me, for it was well with me here, not
on account of the place, but of my judgments which I shall carry away
with me, for no one can deprive me of these; on the contrary, they alone
are my property, and cannot be taken away, and to possess them suffices
me wherever I am or whatever I do. -- EPICTETUS
Celibacy in healthy human beings is a form of
insanity. -- Captain Compassion
"Civilization is the interval between Ice Ages." -- Will Durant.
Joseph R. Darancette
daranc@NOSPAMcharter.net
