I am fully supportive of the Bond amendment. The rescission is bad for every state and bad for the highway program. This amendment corrects an accounting provision in SAFETEA that removes $8.7 billion of what was supposed to be unneeded contract authority.

Contract authority is a form of budget authority unique to the highway program that provides States with certainty of federal funding and allows for long range transportation planning.

When we passed SAFETEA there was well over $20 billion in unneeded contract authority, but since then appropriations bills have reduced this to levels that will make the rescission very difficult for most States. In fact, some will not have sufficient excess contract authority to cover their share of the rescission.

This rescission was not intended to have real funding impacts on states, but a provision in the Energy Independence and Security Act of 2007 changed how the rescission was to be implemented. Now states stand to lose about $400 million of real money. This means projects will be canceled and jobs will be lost.

The Oklahoma Secretary of Transportation, Gary Ridley, recently told me my state stands will be forced to cancel $40 million in projects that were supposed to begin this year.

For this reason, this amendment can't be put off. We must pass it now; otherwise States will have to cut planed projects in anticipation of the rescission.

Some are arguing this amendment will somehow endanger the passage of the trust fund rescue. I flatly reject this argument. The other body is still in session and we should never bow to its whims.

New Penn State Study Says Hydraulic Fracturing Economic Boom for Pennsylvania

Calls Proposed Federal Anti-Frac Legislation an “Ominous Proposal”

Wednesday July 29, 2009

In the same week that Senator Inhofe went to the Senate floor to discuss the important role hydraulic fracturing, a new study was released by Penn State University, highlighting employment gains in the Marcellus Shale region of Pennsylvania. The study examines the safe and steady deployment of hydraulic fracturing technology, the technology’s contribution to an economic boom, and describes efforts in Congress to impose new federal regulations as an “ominous proposal.” The Marcellus Shale area is expected to employ 100,000 more people at salaries $20,000 above the average annual salary in Pennsylvania.

The study notes:

“The Marcellus gas industry in Pennsylvania generated $2.3 billion in total value added, more than 29,000 jobs, and $240 million in state and local taxes during 2008. With a substantially higher pace of development during 2009, economic output will top $3.8 billion, state and local tax revenues will be more than $400 million, and total job creation will exceed 48,000.” (Pg 3)

The study also takes aim at anti-fracturing legislation in Congress:

“There is little question that this type of legislation would accomplish little in terms of protecting potable freshwater but would be disastrous in terms of the domestic oil and gas industry, raise prices for gasoline and natural gas, and ultimately derail any efforts to address the need to reduce carbon emissions.” (Pg 38)
Imposing new federal regulations on hydraulic fracturing would be a "disaster," Senator Inhofe warned on the Senate floor in a speech yesterday.

In EPACT 05, Senator Inhofe successfully included a provision to clarify that hydraulic fracturing was not to be regulated by the EPA under the Safe Drinking Water Act. This was in response to a 2004 EPA report which concluded that hydraulic fracturing poses a minimal threat to underground drinking water and that no further study of the issue was warranted.

Today a small number of Congressional Democrats oppose hydraulic fracturing. As Ian Talley of the Dow Jones Newswire reported in June, U.S. lawmakers have introduced legislation that "industry warns could prevent development of trillions of cubic feet of natural gas by putting regulation of a key production technique under federal oversight." Current efforts to target hydraulic fracturing come from legislation introduced by Rep. Diana DeGette, D-Colo., and Rep. Maurice Hinchey, D-N.Y., and in the Senate, by Sen. Bob Casey, D-Pa., and Sen. Charles Schumer, D-N.Y.

Yet the use of hydraulic fracturing has wide bi-partisan support.

In fact, immediately following Senator Inhofe's floor speech, Senator Dorgan (N-ND) said on the Senate Floor, "My colleague was speaking as I came to the chamber and I agree with most all of that which he described with respect to hydraulic fracturing. He's describing something that affects our ability to produce a domestic supply of energy." Sen. Dorgan added, "My colleague has said it correctly: decade after decade, no one has found any evidence that there is any contamination with hydraulic fracturing." (Watch Video)

Further, Rep. Dan Boren (D-OK), pointed out in the Oklahoman, hydraulic fracturing had been used in an estimated 1 million wells and had not posed any problems to drinking water. In fact, approximately 35,000 wells are hydraulically fractured annually in the United States and close to one million wells have been hydraulically fractured in the United States since the technique's inception, with no known harm to groundwater. Concerning a recent push for legislation banning the practice, Boren said the regulation called for in the bill would be "disastrous for the industry," but predicted it wouldn't advance in Congress.

Colorado Governor Bill Ritter recognizes the value of the practice. In the Denver Business Journal, the Governor characterized the bills pending in Congress imposing new federal regulation on hydraulic fracturing as "a new and potentially intrusive regulatory program."

The Grand Junction Sentinel in Colorado recently reported a number of Colorado counties have adopted resolutions against the pending federal bills.

States are passing their own resolutions opposing new federal regulation of hydraulic fracturing. For example in March, the North Dakota legislature passed a concurrent resolution to not subject hydraulic fracturing to needless and new federal regulation. North Dakota is home to the Bakken Shale where oil wells are reported to be producing thousands of barrels a day.

Even officials from the Obama administration are on record. The Wall Street Journal earlier this summer noted, "Under Carol Browner, currently President Barack Obama's energy and climate czar, the EPA in the mid-1990s decided that federal regulation was unnecessary. ‘There is no evidence that the hydraulic fracturing at issue has resulted in any contamination or endangerment of underground sources of drinking water,' Browner wrote in 1995 as head of the EPA in a letter rejecting federal oversight of a potentially precedent-setting case in Alabama."

Senator Inhofe, Ranking Member of the Senate Environment and Public Works Committee, delivered a floor speech yesterday, July 27, 2009, highlighting the nation's vast reserve of energy resources recoverable through hydraulic fracturing techniques and set the record straight on a number of falsehoods concerning hydraulic fracturing regulations.

"Democrats in the House and Senate have introduced legislation imposing new federal regulations on hydraulic fracturing," Senator Inhofe said. "Some of these members claim the allowing the practice is a loophole in federal law and that it is free from regulation. Mr. President, that is completely false. Through my leadership position on the Senate Environment and Public Works Committee, I have a long history of working on environmental and energy issues, and I can tell you new federal regulation of hydraulic fracturing would be a disaster."

Immediately following Senator Inhofe's speech, Senator Dorgan (D-ND) commented: "My colleague was speaking as I came to the chamber and I agree with most all of that which he described with respect to hydraulic fracturing. He's describing something that that affects our ability to produce a domestic supply of energy." Sen. Dorgan added, "My colleague has said it correctly: decade after decade, no one has found any evidence that there is any contamination with hydraulic fracturing."

  Exposed: Impacts of Waxman-Markey

Back to Cap and Tax Opposition Resource Center; Impacts of Costly Climate Bill Exposed

Inhofe Kicks Off Series of Floor Speeches Exposing Waxman-Markey Climate Bill: "In the coming weeks, I intend to go through every single page of this climate bill, revealing the massive amount of spending, the labyrinth of new regulations, and expansion of government agencies and programs," Senator Inhofe said on the Senate Floor today. "I think the time is right to peel back the green veil and expose this 1,400-page monument to big government.  There's a lot in there, and at times the bill gets very complicated.  But over the next several weeks, I plan to focus on some of the bill's most damaging provisions, as well as those that reinforce the criticisms I've been making. Before the United States Senate moves to vote on the largest tax increase in history, the American public deserves to know exactly what is in this bill."

Economic Impact of Waxman-Markey

Inhofe, Voinovich Request Updated Analysis on Waxman-Markey: (July 24, 2009) WASHINGTON, D.C. -U.S. Senator James Inhofe (R-Okla.), Ranking Member of the Senate Environment and Public Works Committee, along with Republican Committee member Senator George Voinovich (R-Oh.) today sent a letter to EPA Administrator Jackson requesting a more thorough and comprehensive economic analysis of the Waxman-Markey American Clean Energy and Security (ACES) Act of 2009. "An updated and more complete analysis of Waxman-Markey is critical to the legislative process," Inhofe said. "Congress needs this information in order to act in the best interest of constituents, the economy, and the nation's energy security."

EPW Republicans Call on EPA to Provide Realistic Analysis to Waxman-Markey Bill:  (June 9, 2009) WASHINGTON, D.C. - U.S. Senator James Inhofe (R-Okla.), Ranking Member of the Senate Environment and Public Works Committee, during today's EPW Committee hearing announced that he and several of his Republican colleagues on the committee sent a letter to EPA Administrator Lisa Jackson requesting new analysis be conducted on Waxman-Markey, H.R. 2454, "The American Clean Energy and Security Act" (ACESA), that reflects more realistic assumptions. Senator Inhofe asked Administrator Jackson to complete the analysis by June 26, 2009. 

CBO Report on Cap-and-Tax Bill: Higher Taxes, Lost Jobs, Lower Wages: WASHINGTON, DC - Sen. James Inhofe (R-Okla.), Ranking Member of the Environment and Public Works Committee, today commented on the Congressional Budget Office (CBO) cost estimate for the Waxman-Markey global warming cap-and-trade bill.   "This bill undermines President Obama's campaign pledge to cut taxes for middle class taxpayers," Sen. Inhofe said.  "The CBO analysis reveals that cap-and-tax legislation would destroy American jobs, lower wages, and impose a massive tax increase on middle class families over the next 10 years.  As we look to jump start the economy, the last thing Washington should do is impose the largest tax increase in history on consumers. As is always the case with cap-and-tax, the more that is exposed, the more likely the American people will reject it."  

Impact on Agriculture Community

WHEAT GROWERS CHANGE COURSE: AFTER SUPPORTING WAXMAN-MARKEY, NOW OPPOSES CAP-AND-TRADE BILL THAT ‘HARMS PRODUCTION AGRICULTURE' - Senator Inhofe applauded the board of the National Wheat Growers Association, which, on September 4, by a vote of 26 to 2, approved a new resolution on climate legislation and regulation.  The new resolution puts the group on record as "opposed to greenhouse gas legislation or regulation that has a negative impact on production agriculture." 

EPW POLICY BEAT: DOWN ON THE FARM:  In March, the House Agriculture Committee sent a lengthy questionnaire on various aspects of climate change policy to members of the agricultural community.  The committee cast a wide net, having sent questions to "a diverse group, including commodity, conservation, forestry, research, energy, business, and nonprofit interests."  The questions covered everything from allowance allocation, offsets, commodities trading, and regional economic impacts. That last topic piqued our curiosity, as it is incontestably clear that cap-and-trade harms consumers in the Midwest, Southeast, and Great Plains-regions that are heavily rural and coal-dependent-much more so than denizens of the East and West coasts.

EPW POLICY BEAT: FARM FIASCO: Over the last week, agriculture took center stage in the climate debate, as some in Congress threatened to derail the Waxman-Markey bill over, among other things, the Obama Administration's biofuels policy.  This ag-fueled drama heightened concern within the agricultural community about cap-and-trade and greenhouse gas regulation-and the devastating impacts both would have on farms.   The negative consequences of carbon regulation for American farmers are undeniable.  But don't take our word for it: EPW Policy Beat sorted through the regulatory docket on EPA's Advanced Notice of Proposed Rulemaking (ANPR) to regulate greenhouse gases under the Clean Air Act (CAA).  There we found numerous comments filed by farm groups staunchly opposed to CAA regulation.  A few themes predominate: CAA regulation will mean new, burdensome taxes and fees on farms; CAA regulation will be a futile attempt to address a global problem through controls on American farms; and CAA regulation will destroy farming jobs and force many farms out of business. 

Rep. Frank Lucas Op-Ed: Waxman-Markey Measure Portends Devastating Results: These groups realize that agriculture is a prime target for a national energy tax because it is an energy-intensive industry. Whether it's the fuel in the tractor, the fertilizer for the crops or the delivery of food to the grocery store, agriculture uses a great deal of energy throughout production. On average, 65 percent of farmers' variable input costs are fuel, electricity, fertilizer, and chemicals. Even a small increase in the operating costs for our producers will hurt American agriculture. Estimates vary, but experts predict that under this national energy tax, energy prices will increase anywhere between 15 percent and 125 percent. Additionally, as these higher energy prices ripple throughout the economy, producers will pay more for seed, equipment, machinery, steel and other supplies needed for their agriculture operations.  Ultimately, higher costs will be passed onto consumers with higher food prices. People will pay more for food, or be forced to buy less to meet household budgets.

Impacts on States

CLIMATE AND THE KEYSTONE STATE: EPW Policy Beat came across an interesting perspective on climate change legislation-this time from three Pennsylvania utility commissioners.  In a May 7 letter to the Pennsylvania Congressional delegation, Tyrone Christy, Kim Pizzingrilli, and Robert Powelson, all of whom, incidentally, were nominated by Gov. Ed Rendell (D), wrote that climate legislation, "[l]eft unexamined and unchecked," will have "a profound adverse impact on the Commonwealth of Pennsylvania."  How so?  For one thing, as the commissioners note, Pennsylvania gets 58 percent of its electricity from coal, and is the nation's 4th largest coal producer, distributing over "75 million tons of coal" each year.  "However," the commissioners warn, "if the Waxman-Markey bill were to pass, Pennsylvania is looking at a bleak scenario by 2020: a net loss of as many as 66,000 jobs, a sizeable hike in the electric bills of residential customers, an increase in natural gas prices, and significant downward pressure on our gross state product." 

MITCH DANIELS: Indiana Says 'No Thanks' to Cap and Trade: The Waxman-Markey legislation would more than double electricity bills in Indiana. Years of reform in taxation, regulation and infrastructure-building would be largely erased at a stroke. In recent years, Indiana has led the nation in capturing international investment, repatriating dollars spent on foreign goods or oil and employing Americans with them. Waxman-Markey seems designed to reverse that flow. "Closed: Gone to China" signs would cover Indiana's stores and factories.  Our state's share of national income has been slipping for decades, but it is offset in part by living costs some 8% lower than the national average. Doubled utility bills for low-income Hoosiers would be an especially cruel consequence of the Waxman bill. Forgive us for not being impressed at danglings of welfare-like repayments to some of those still employed, with some fraction of the dollars extracted from our state. 

Colorado: "Cap and Trade is Wrong Solution"- Denver Post Round-up of Recent Headlines on Waxman-Markey from Colorado DENVER POST EDITORIAL: Cap and trade is wrong solution - The U.S. needs to cut its greenhouse emissions, but legislation expected to be taken up today isn't the way to go about it: But Waxman-Markey isn't the solution. Fashioned to avoid appearing like a new tax, the measure nevertheless would work like one, as the higher costs of meeting the caps get passed on to consumers. The measure risks hurting our competitiveness globally without effectively lowering global greenhouse gases. Congress should instead consider a simpler carbon tax, creating a "nuclear-arms race" to harness atomic power to replace fossil fuels and provide incentives to speed new-energy innovation.

GOLDEN STATE GAFFE: The only problem with CARB's conclusions is that they have no basis in fact.  In a peer review of CARB's analysis, Harvard University's Robert Stavins reached the "inescapable conclusion that the economic analysis is terribly deficient in critical ways and should not be used by the State government or the public for the purpose of assessing the likely costs of CARB's plans."  "I say this with some sadness," he continued, "because I was hopeful that CARB would produce sensible policy proposals analyzed with sound scientific and economic analysis."  The analysis is "severely flawed," Stavins said, and "hence not useful for the purpose for which it was intended."

Impacts on the Coal Industry

EPW POLICY BEAT: GIVE AND TAKE: One of the more ironical provisions concerns merchant coal generators. More specifically, it's aimed at the potential for merchants in a cap-and-trade scheme to reap windfall profits.  Under the bill's allocation distribution, merchants receive about 5 percent of allowances.  That such allowances were freely given was considered to be a legislative "win" for the sector.   Yet, as stated on page 582, that "win" quickly turns into a loss.

THE ‘DE FACTO' BAN ON NEW COAL PLANTS:  Should coal be part of the energy mix in a carbon-constrained world?  It's not surprising that we think it should.  And we suppose it's not earth shattering that the Waxman-Markey climate bill answers this all-important question with nuance.   True, the bill supports carbon capture and sequestration technology for new coal plants.  But Congress can't legislate this technology into existence.  So this "bridge to a low carbon future" is a bridge to nowhere: the bill effectively sends the prospect of new coal plants into oblivion. Why?  In section 116 (beginning on page 60), the bill establishes a New Source Performance Standard (NSPS) for new coal plants that will be, from an economic standpoint, just about impossible to meet.  According to an analysis by ClearView Energy Partners, this amounts to a "de facto ban on new PC [pulverized coal] plants." 

Economic Analysis of Waxman-Markey

Boxer Says Goal is to "Soften the Blow" from Cap-and-Trade - Admits That Cap-and-Trade Will Hurt Jobs, Families, Consumers - During a hearing on July 16, 2009, in the Senate Environment and Public Works Committee, Sen. Barbara Boxer (D-CA.), chairman of the committee, said that her goal is to "soften the blow" of cap-and-trade legislation, implicitly acknowledging that cap-and-trade will harm the economy. "The biggest priority is softening the blow on our trade sensitive industries and our consumers. I just want you to know that, that's the goal," Sen. Boxer said.  In response, Harry Alford, president of the National Black Chamber of Commerce, dismissed claims that the government could redistribute revenues from cap-and-trade to "soften the blow" on the poor, the elderly, those on fixed incomes, and consumers.  "Madam Chair, I will do that, I have been around the block a few times.  People are not going to get that refund, it's not going to hit them, people are going to be unemployed, and they are not gonna have any recourse whatsoever, the government will have failed them again."

 Inhofe, Voinovich Request Updated Analysis on Waxman-Markey: (July 24, 2009) WASHINGTON, D.C. -U.S. Senator James Inhofe (R-Okla.), Ranking Member of the Senate Environment and Public Works Committee, along with Republican Committee member Senator George Voinovich (R-Oh.) today sent a letter to EPA Administrator Jackson requesting a more thorough and comprehensive economic analysis of the Waxman-Markey American Clean Energy and Security (ACES) Act of 2009. "An updated and more complete analysis of Waxman-Markey is critical to the legislative process," Inhofe said. "Congress needs this information in order to act in the best interest of constituents, the economy, and the nation's energy security."

EPW Republicans Call on EPA to Provide Realistic Analysis to Waxman-Markey Bill:  (June 9, 2009) WASHINGTON, D.C. - U.S. Senator James Inhofe (R-Okla.), Ranking Member of the Senate Environment and Public Works Committee, during today's EPW Committee hearing announced that he and several of his Republican colleagues on the committee sent a letter to EPA Administrator Lisa Jackson requesting new analysis be conducted on Waxman-Markey, H.R. 2454, "The American Clean Energy and Security Act" (ACESA), that reflects more realistic assumptions. Senator Inhofe asked Administrator Jackson to complete the analysis by June 26, 2009. 

CBO Report on Cap-and-Tax Bill: Higher Taxes, Lost Jobs, Lower Wages: WASHINGTON, DC - Sen. James Inhofe (R-Okla.), Ranking Member of the Environment and Public Works Committee, today commented on the Congressional Budget Office (CBO) cost estimate for the Waxman-Markey global warming cap-and-trade bill.   "This bill undermines President Obama's campaign pledge to cut taxes for middle class taxpayers," Sen. Inhofe said.  "The CBO analysis reveals that cap-and-tax legislation would destroy American jobs, lower wages, and impose a massive tax increase on middle class families over the next 10 years.  As we look to jump start the economy, the last thing Washington should do is impose the largest tax increase in history on consumers. As is always the case with cap-and-tax, the more that is exposed, the more likely the American people will reject it."

EPW FACT OF THE DAY: FREE-MARKET ?

Monday July 27, 2009

It is convenient for green opponents of free-markets to assume the banner of Adam Smith when speaking of cap-and-trade. This preferred mechanism to reduce greenhouse gases is so effective and so efficient, they argue, because it is “market-based” or “market driven,” a veritable invisible hand that decides how and when reductions are made. To paraphrase Smith, it is not from the benevolence of the power plant owner, the refiner or the manufacturer, that we expect emissions reductions, but “from their regard to their own self interest” under a cap-and-trade system. Moreover, Smith wrote, “We address ourselves, not to their humanity but to their self-love, and never talk to them of our own necessities but of their advantages.”

Today, the National Journal Experts Blog on Energy and Environment asks the question:

Is legislation needed to protect wetlands and solidify the government's authority under the Clean Water Act? The White House and Democratic leaders are proposing legislation that would replace the term "navigable waters" with "waters of the United States," a move that they say is needed to restore the law's original intent of protecting wetlands, streams and other waterways. Proponents argue that a 2006 Supreme Court decision too narrowly interpreted the government's authority, confusing regulators and endangering the nation's ecologically important wetlands. But Republicans and business groups charge that the Clean Water Act legislation is a power grab that would expand federal control of private property, burden farmers and businesses, and override state authorities. Who's right?

As a contributor to the blog, Senator Inhofe responded:

TULSA WORLD EDITORIAL: "So, we'll be happy, for now, with the $100,000 and thank our hard-working Congressional delegation - specifically Sullivan, Inhofe and U.S. Rep. Tom Cole - for their efforts so far, and ask them to keep up the effort."

BROKEN WINDOWS AND GREEN JOBS

Friday July 24, 2009

With all of the talk these days about green jobs—or, more precisely, the Democrats’ version of taxpayer subsidized green jobs—EPW Policy Beat wondered whether they will usher in a “clean energy future.” They won’t. We came to this conclusion after reading Henry Hazlitt’s classic book, “Economics in One Lesson.” In the book, Hazlitt takes up Bastiat’s theory of the broken window. Hazlitt wrote about a “hoodlum” who breaks a baker’s window. A crowd gathers, and, after some “philosophic reflection,” concludes that the baker’s misfortune has a bright side: the broken window creates business for the glazier, who will spend his new-found $250 with “other merchants,” who then will spend it with other merchants, ad infinitum. The smashed window, then, is a job creator, and the hoodlum is “a public benefactor.” Now it’s true that the broken window created jobs, but, as Hazlitt notes, one cannot ignore that which is unseen: the baker, out $250, cannot by a suit “or some equivalent need or luxury.”
A split between rich and poor nations in the run-up to climate-change talks widened on Thursday. India rejected key scientific findings on global warming, while the European Union called for more action by developing states on greenhouse gas emissions. Jairam Ramesh, the Indian environment minister, accused the developed world of needlessly raising alarm over melting Himalayan glaciers. He dismissed scientists’ predictions that Himalayan glaciers might disappear within 40 years as a result of global warming. “We have to get out of the preconceived notion, which is based on western media, and invest our scientific research and other capacities to study Himalayan atmosphere,” he said. “Science has its limitation. You cannot substitute the knowledge that has been gained by the people living in cold deserts through everyday experience.”