On December 5, the Senate Environment and Public Works (EPW) Committee passed
S. 2191, the Lieberman-Warner Climate Security Act, sponsored by Sens. Joe Lieberman (I-CT) and John Warner (R-VA), by a vote of 11-8. The only Republican to vote in favor of the bill was its cosponsor, Sen. Warner.
The bill would establish a federal program to reduce greenhouse gas (GHG) emissions by 63% by 2050. Under the program, the EPA would allocate emissions allowances to electric power, transportation and manufacturing sources.
Prior to committee action, Chairman Boxer made modifications to the bill that added an "upstream" cap on GHG emissions from natural gas processors, which means more than 80% of the GHG emissions that come from the U.S. will be covered under the legislation. In addition, the free emission credits given out to power plants manufacturers and other industrial sources will end in 2031, not 2036 as in the subcommittee-approved version.
The bill also aims to create a compromise between coal and non-coal states by allocating 19 percent of 2020 allowances to "covered facilities" based on historic emissions and allocating another ten percent of 2020 allowances to "load-serving entities" based on retail sales.
During the markup, over 100 were amendments filed, but fewer were actually considered. The amendments that were approved include:
- An amendment from Sen. Lamar Alexander (R-TN) that would create a low-carbon fuel standard for motor vehicles;
- An amendment from Sen. James Inhofe (R-OK) that would add nuclear energy to the agenda of the National Academy of Sciences to study how the legislation promotes low-and zero-carbon energy technologies;
- Two amendments from Sen. Sheldon Whitehouse (D-RI) that would allow coastal states to use their emission allowance funds to plan for the effects of global warming;
- A Sen. John Barrasso (R-WY) amendment that would give states flexibility in how they use their allowance funds to address the economic effects of climate change and the bill's new regulatory requirements;
- Two amendments by Sen. Frank Lautenberg (D-NJ): one that would authorize a study of U.S. aviation emissions and another that would give more emission allowances to utilities that encourage and/or reward consumers who use less energy.
- A Sen. Tom Carper (D-DE) amendment to allow states to use allowances to increase recycling; and
- A Sen. Bernie Sanders (I-VT) amendment that would give U.S. manufacturers financial incentives to create low-and zero-carbon energy technologies.
The bill will not move to the Senate floor until sometime next year. It is anticipated that Sen. James Inhofe (R-OK) will filibuster the bill and, despite claims by Sen. Lieberman that the bill is close to having the 60 votes required to ensure passage, he does not appear to have the votes at this time.
Even if the bill were to pass in the Senate next year, it still faces a long road ahead. The House has not yet began to craft a climate bill and President Bush would likely veto any bill that includes mandatory emissions controls.