Rahall-sponsored climate, energy bill starts to take shape PDF Print E-mail
The House Natural Resources Committee slice of energy and climate change legislation headed to the floor this summer is beginning to take shape.

The bill will likely incorporate provisions to study the potential of carbon sequestration in the United States as well as to repeal a section of the 2005 Energy Policy Act that allows for categorical exclusions from oil and gas studies of drilling projects on Western public lands, Chairman Nick Rahall (D-W.Va.) said yesterday.

Rahall plans to meet with subcommittee chairmen soon to determine what the bill will look like, but he specifically cited Rep. Bart Gordon's (D-Tenn.) carbon sequestration measure and Rep. Raul Grijalva's (D-Ariz.) categorical exclusion bill to reporters. The target date for markup remains May 23.

In addition, Rahall plans to examine other provisions of the Energy Policy Act that Democrats say need a second look, but he declined to name specific areas. Natural Resources subcommittees have held several hearings on energy policy on public lands since February.

Alternative fuels and energy production are another target of Rahall's, but the committee would have to determine how to address those issues using its jurisdiction. Rahall suggested Natural Resources could submit recommendations to other committees as well.

Carbon sequestration

H.R. 1267 from Science Committee Chairman Gordon would authorize the U.S. Geological Survey, Energy Department and U.S. EPA to create a national inventory of potential locations to store carbon dioxide. The bill would also require USGS to develop a "rigorous methodology" for the assessment, according to Gordon's office.

USGS Associate Director Patrick Leahy endorsed Gordon's bill and a companion Senate measure at a joint House Energy and Parks subcommittee hearing yesterday. "We are very supportive of the bills," Leahy said. "We feel a national assessment is needed."

The Senate Energy and Natural Resources Committee is scheduled to mark up the companion bill today.

"This bill is a critical step in the process to mitigating carbon emissions and addressing global climate change," Gordon said in a statement. "I am pleased that the USGS agrees, and I look forward to working with my colleagues to move this legislation."

Several environmental groups and energy industry groups and companies support the bill, including the Edison Electric Institute. "The work that will be done under H.R. 1267 is critical in order to help ensure the availability of reliable and affordable electricity from coal-fired power plants in a carbon-constrained future," EEI President Tom Kuhn stated in a letter yesterday.

Rahall, who is from West Virginia coal country, and other Natural Resources Committee members are concerned about the effect of climate change legislation on the coal industry.

"There's no bigger threat to our coal industry today than the current controversy over climate change," said Energy Subcommittee ranking member Steve Pearce (R-N.M.). "This Congress is being urged to adopt climate change legislation with a promise that it will not be the death of the coal industry because we will sequester coal's carbon emissions."

Oil and gas categorical exclusions

While Rahall scheduled the May 23 markup to allow House Speaker Nancy Pelosi (D-Calif.) time to meet her July 4 deadline for climate change-related legislation, the bill will also take aim at energy policies, including a controversial provision of the 2005 energy bill.

Rahall and Parks Subcommittee Chairman Grijalva said they want to include a repeal of Section 390 of the Energy Policy Act that allows the Bureau of Land Management and Forest Service to categorically exclude oil and gas drilling permits from full site-specific studies triggered by the National Environmental Policy Act under certain conditions.

Environmentalists and some congressional Democrats opposed the provision from the start, and the Western Governors' Association recently asked Congress to repeal the language as well. Industry groups and the Bush administration like categorical exclusions because they technically fulfill NEPA statutory requirements for environmental analysis but can dramatically cut the approval time for projects or permit requests.

Full environmental impact statements or environmental analyses, which include public comment periods, are "necessary to protect crucial wildlife habitat and significant migration corridors located in the field of development," the WGA resolution stated.

Action is needed "so there is a little more transparency not only in the amount of leases but in the process," Grijalva told E&E Daily yesterday. Grijalva introduced a stand-alone bill on the issue last week, H.R. 2057.
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