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The Environmental Accomplishments of Senate Democrats in the 110th Congress


October 14, 2008
During the 110th Congress, Senate Democrats have aggressively promoted a legislative agenda to provide our country and the planet with a cleaner, greener, and more secure future

During the 110th Congress, Senate Democrats have aggressively promoted a legislative agenda to provide our country and the planet with a cleaner, greener, and more secure future. This Special Report outlines the environmental accomplishments of Senate Democrats in the 110th Congress.

 

Energy Independence and Security Act of 2007

 

According to an analysis from the Energy Information Administration, the Energy Independence and Security Act of 2007 is expected to contribute to a reduction in energy-related CO2 emissions by over 500 million metric tons. For a frame of reference, this reduction is about the same amount as the current annual CO2 emissions by South Korea, the world's ninth-largest source of CO2 emissions.

 

The law increased the Corporate Average Fuel Economy (CAFE) requirements for the first time in more than thirty years, raised the renewable fuel standard to 36 billion gallons by 2022 (21 billion must be produced from advanced biofuels like cellulosic ethanol). Additionally, the law establishes new energy efficiency and green building requirements for federal government buildings, to ensure that they use less energy and cause less air and global warming pollution, as well as grants to help local governments make their buildings more energy efficient and less polluting. Finally, among other provisions, the Energy Independence and Security Act of 2007 includes strong new efficiency standards for lighting, and for residential and commercial appliances and equipment such as refrigerators, freezers, and light bulbs.

 

Water Resources Development Act of 2007

 

Democrats in the House and Senate led the successful fight to override President Bush's veto of the Water Resources Development Act of 2007, a law that will help protect New Orleans and Gulf Coast communities from flooding, restore coastal wetlands after massive hurricane damage, improve water quality and navigation across the country, and protect sensitive areas like the Florida Everglades and Mississippi River. After President Bush's unfortunate veto of the legislation on November 2, 2007, the House voted to override the President on November 6, 2007 by a vote of 361 to 54, and the Senate voted to override on November 8, 2007, by a vote of 79 to 14.

 

Food, Conservation, and Energy Act of 2008


The Food, Conservation, and Energy Act of 2008 became law on May 22, 2008, after President Bush's veto was over-ridden by the House and Senate. The new law will annually enroll 13.2 million acres into the Conservation Stewardship Program, which provides all agricultural producers, including livestock and specialty crop producers, the opportunity to achieve high levels of conservation on their soil and their water resources. For Fiscal Year 2009, the Department of Agriculture will distribute $1.8 billion in Conservation Reserve Program rental payments to participants across the country. The new law will also protect valuable wetland areas by reauthorizing the Wetlands Reserve Program to enroll 250,000 acres per year through 2012. The protection and restoration of wetlands are important because wetlands simultaneously protect wildlife habitat, defend against catastrophic flooding, and improve water quality by filtering out pollutants like nitrogen.

Renewable and Energy Efficiency Tax Credits

On October 1, 2008, Democrats in the Senate passed legislation, the Emergency Economic Stabilization Act, which the President signed, that extended vital renewable energy and energy efficiency tax credits. The extension of these tax credits are extremely important in driving economic growth through and job creation while also moving our nation away from fossil fuels and towards greater usage of renewable energy and energy efficiency. For instance, it is estimated that in 2006 renewable energy and energy efficient industries generated 8.5 million new jobs and nearly $970 billion in revenue. However, the loss of these tax credits over ten years would have resulted in a decrease of wind energy generation of 110,000 megawatts of electricity.

The new law extended the production tax credit for electricity produced from wind energy for one year while the tax credit for electricity production from other renewable energy resources like biomass and geothermal energy was extended for two years. The new law also contained provisions that extended the solar investment tax credit for eight years, a new tax credit for the purchase of plug-in electric vehicles, and the extension of tax credits for investments in energy efficient improvements to existing and new homes.

The Consolidated Natural Resources Act of 2008

On April 10, 2008, by a vote of 91-4, the Senate passed S. 2739, the Consolidated Natural Resources Act of 2008. The House of Representatives subsequently passed by the bill by a vote of 291 to 117 and it was signed into law by the President on May 8, 2008. The law created the Wild Sky Wilderness area in Washington State by designating approximately 106,000 acres of national forest lands in the Mount Baker-Snoqualmie National Forest.  Wilderness designation provides the highest level of protection that the federal government can give to public lands.  S. 2739 also contained many other provisions created new natural heritage areas, better water resources management, and improved national parks.

Passenger Rail Investment and Improvement Act of 2008

Democrats succeeded in giving travelers and commuters more environmentally friendly transportation options by authorizing $13 billion over five years for Amtrak. Division B of H.R. 2095, the Passenger Rail Investment and Improvement Act of 2008, passed the Senate on October 1, 2008 by a vote of 74 to 24 and the House by a voice vote.

The Department of Energy has found that Amtrak trains are a nearly 20 percent more fuel-efficient way to travel than automobiles and commercial airliners.  Also, per passenger-mile, trains emit half the amount of greenhouse gases into the atmosphere as jet airplanes.  These efficiencies will help stem the causes of global warming and reduce our nation's reliance on oil.

National Aeronautics and Space Administration Authorization Act of 2008


The National Aeronautics and Space Administration Authorization Act of 2008 (H.R. 6063) would require NASA to pursue a program of Earth observations, research, and applications activities to better understand the Earth system and climate change.  It would reauthorize the Glory mission, an Earth-orbiting observatory that will help scientists fill a significant gap in their understanding of global warming, namely the role of clouds and airborne particles, and monitor the influence of solar energy on the global climate with unparalleled accuracy.  It would require NASA to establish an aeronautics research, development, and demonstration initiative on environmentally friendly aircraft, including reductions in greenhouse gas emissions.  The reauthorization would also mandate that NASA's Administrator take steps to ensure that the public has reliable and accurate access to the results of scientific research on global warming.  H.R. 6063 passed the Senate by unanimous consent on September 25, 2008, and the House by voice vote on September 27, 2008.  The legislation was presented to the President on October 6, 2008 and has not yet been signed.

 

Mercury Export Ban Act of 2008

 

The Mercury Export Ban Act of 2008 (S. 906), which passed the Senate on September 26, 2008 by unanimous consent and the House by a vote of 393 to 5 on September 29, 2008, will prohibit the commercial export of elemental mercury from the United States in 2013. The legislation will also prohibit the commercial sale or transfer of federal mercury stockpiles held by the Department of Energy and the Department of Defense for any purpose except for transfer into permanent storage and provide for permanent storage of collected mercury by the Department of Energy. The legislation was presented to the President on October 3, 2008 and has not yet been signed.

 

Great Lakes--St. Lawrence River Basin Water Resources Compact and the Great Lakes Legacy Reauthorization Act

 

The passage and Presidents signature of the Great Lakes--St. Lawrence River Basin Water Resources Compact and the Great Lakes Legacy Reauthorization Act authorizes important conservation and restoration efforts throughout the Great Lakes. The Great Lakes Legacy Reauthorization Act authorizes funding to clean up contaminated sediments and improve habitat restoration while the Great Lakes--St. Lawrence River Basin Water Resources Compact will implement water conservation and management efforts that will help safeguard the Great Lakes for future generations.

Maritime Pollution Prevention Act

The Maritime Pollution Prevention Act, which was passed by the Senate on June 26, 2008, and signed into law by the President on July 21, 2008 requires the Coast Guard and the Environmental Protection Agency issue air emission standards and requirements for ships. The legislation requires the federal government to establish maritime standards for nitrogen oxides, sulfur oxides, and other volatile organic compounds.

Clean Boating Act of 2008

The passage of the Clean Boating Act ensures that recreational boating vessels, under normal operation, will not be subjected to permitting requirements under the Clean Water Act. The law codifies a 1973 Environmental Protection Agency regulatory exemption, which had been eliminated by a U.S. District Court, which gave recreational boaters a waiver from national pollutant discharge elimination system permitting requirements.

 

Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009

 

The Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 included $7.51 billion for the Advanced Vehicle Manufacturing Loan Guarantee program. This funding is expected to finance approximately $25 billion in loans for auto manufacturers to produce cleaner and more fuel efficient vehicles. The legislation also included $910 million in emergency funding to help restore areas devastated by wildfires and support wildfire prevention efforts. This funding has important environmental impacts because it mitigates against catastrophic forest fires that are estimated to release about 290 million metric tons of carbon dioxide a year, which is the equivalent of four to six percent of the nation's carbon dioxide emissions from fossil fuel burning.

 

Consolidated Appropriations Act of 2008

 

The Consolidated Appropriations Act of 2008 (the Omnibus Appropriations bill), which was signed into law on December 26, 2007, allocated $829 million for the drinking water state revolving fund, $689 million for the clean water state revolving fund, and $133 million for sewer and water grants. The Omnibus Appropriations bill also distributes $217 million to the states in clean air grants, $99 million into clean air research, $49 million in grants to reduce emissions from diesel fuel, $120 million for carbon capture and storage programs, $6 billion in loan guarantees for clean coal projects with carbon capture and storage, $486 million more to the Office of Energy Efficiency and Renewable Energy (Fiscal Year 2008 request $1.236 Billion), $10 billion in loan guarantees for renewables, energy efficiency, distributed energy, transmission, and other technologies, and cut $104.5 million from the budget for the Yucca Mountain nuclear waste dump.

 

The legislation also contained a Sense of the Congress resolution which found that greenhouse gases are: 1) accumulating in the atmosphere are causing average temperatures to rise at a rate outside the range of natural variability; 2) posing a substantial risks to the planet. The Sense of the Congress also stated that human activity is a substantial cause of greenhouse gas accumulation in the atmosphere, mandatory steps will be required to slow or stop the growth of greenhouse gas emissions into the atmosphere, and Congress should enact a comprehensive effective national program of mandatory, market-based limits and incentives on emissions of greenhouse gases that slow, stop, and reverse the growth of such emissions at a rate and in a manner that will not significantly harm the United States economy and will encourage comparable action by other nations that are major trading partners and key contributors to global emissions.

 

Finally, the Consolidated Appropriations Act of 2008 provides $3.5 million within the Federal Support Air Quality Management program for the EPA to use its existing authority under the Clean Air Act to develop and publish a rule requiring mandatory reporting of greenhouse gas emissions above appropriate thresholds in all sectors of the economy.

The Fiscal Year 2007 Continuing Appropriations Resolution

The Revised Continuing Appropriations Resolution, which was signed into law on February 15, 2007, provided an increase of $300 million over Fiscal Year 2006 levels for energy efficiency and renewable energy programs.

 

Fiscal Year 2009 Senate Budget Resolution

 

The Fiscal Year 2009 Senate Budget Resolution, which passed the Senate on March 14, 2008, includes a deficit-neutral reserve fund which could be used for legislation to address global climate change and rejects the President's cuts to a variety of programs that fund climate change research. The Senate-passed Budget Resolution includes approximately $7.9 billion for the EPA. This funding level will accommodate significant increases for programs such as Superfund and EPA's programs to support clean and safe drinking water. The Fiscal Year 2009 Senate Budget Resolution also rejects the President's proposal to permit oil and gas leasing in the Arctic National Wildlife Refuge.

Fiscal Year 2008 Senate Budget Resolution


The Fiscal Year 2008 Senate Budget Resolution, which passed the Senate and House on March 17, 2007, included a deficit-neutral reserve fund for
energy legislation and energy tax incentives that helped shape the Senate's passage of legislation to provide the production and use of clean alternative fuels and alternative fuel vehicles as well as expanded use of renewable energy and energy efficiency. The Budget Resolution also rejected the President's proposal to permit oil and gas leasing in the Arctic National Wildlife Refuge.

 

The America COMPETES Act of 2007

 

The America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act of 2007 (The America COMPETES Act of 2007) which was enacted into law on August 9, 2007, establishes the Advanced Research Projects Authority-Energy (ARPA-E) within the Department of Energy to support research of high-risk technological barriers in the development of applied energy technologies, including carbon neutral technologies. The America COMPETES Act of 2007 also requires the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the National Science Foundation and NASA, to establish a coordinated program of ocean and atmospheric research and development to promote U.S. leadership in ocean and atmospheric science.

Reauthorizations of the Asian and African Elephant Conservation Funds, and of the Rhino and Tiger Conservation Fund

The reauthorizations of Conservation Funds for African Elephants, Asian Elephants, Rhinos, and Tigers through Fiscal Year 2012, which were signed into law on December 6, 2007, will support field conservation projects, including scientific research, habitat enhancement, law enforcement, monitoring and local community outreach and education that benefit African and Asian elephants, rhinos, tigers and their habitats.

 

Lieberman Warner Climate Security Act of 2008

 

On December 5, 2007, the Environment and Public Works Committee approved S. 2191, Lieberman-Warner Climate Security Act, by a vote of 11-8.  The legislation was approved by the Environment and Public Works Committee with support from Democrats, Independents, and a Republican but was eventually filibustered on the Senate floor. The consideration of the bill on the Senate floor was an important milestone because it was the first time that greenhouse gas cap-and-trade legislation has proceeded through regular order on the Senate floor.

 

The greenhouse-gas emissions caps in the bill covered U.S. electric power, transportation fuel, manufacturing, and natural gas sources that together account for 87 percent of U.S. greenhouse-gas emissions.  The cap over those sources starts at roughly 2005 emission levels in 2012, and reaches 71 percent below the 2005 emissions levels in 2050. Together, the gradually tightening cap and other provisions in the bill are projected to reduce total U.S. greenhouse-gas emissions by as much as 25 percent in 2020 and by as much as 66 percent below the 2005 emission levels in 2050.

 

Federal Ocean Acidification Research and Monitoring, Global Change Research Improvement, and Climate Change Adaptation Acts of 2007


On December 4, 2007, the Committee on Commerce, Science, and Transportation approved three bills to improve how the United States addresses climate change and ocean acidification.  S. 2307, the Global Change Research Improvement Act of 2007, improves the basic research and products that the federal government develops on climate change and its impacts and refocuses the Global Change Research Program to be more relevant to state, local, and non-governmental decision makers.  S. 2355, the Climate Change Adaptation Act of 2007, calls for the federal government to develop a strategic plan for dealing with the effects of climate change.  S. 1581, the Federal Ocean Acidification Research and Monitoring Act of 2007, provides for a coordinated federal research program on ocean acidification.