Harry Reid

Lame Duck Session a Big Success So Far

The first week of Congress’s lame duck session has been a big success.  They haven’t done anything.  Senate Majority Leader Harry Reid (D-Nev.) pulled a scheduled vote to invoke cloture and proceed to S. 3815, the “Promoting Natural Gas and Electric Vehicles Act of 2010,” because he did not have the 60 votes required.

S. 3815 is known around town as the Boone Pickens Payoff Bill.  Pickens told Bloomberg News this week that he thought there was a better than 50-50 chance that the bill would be enacted, so we can’t celebrate yet.

The bill would provide $4.5 billion in subsidies for natural gas vehicles and $3.5 billion in subsidies for electric vehicles plus $2 billion in loans to manufacturers of natural gas vehicles.  The subsidies to purchasers would range from $8,000 to $64,000.  The larger payments would be for purchasers of heavy trucks that run on natural gas.

But the Lame Ducks Will Be Back after Thanksgiving

Congress will be in recess next week for Thanksgiving and will return on November 29th.  There are enough big must-do items that it still seems unlikely to me that the Senate will be able to take up Pickens’s bill or the Renewable Electricity Standard (or RES) bill, S. 3813.  The RES bill is sponsored by Senator Jeff Bingaman (D-NM), the Chairman of the Energy and Natural Resources Committee, and retiring Senator Sam Brownback (R-Ks.), who has just been elected Governor of Kansas.  It now has 31 co-sponsors, including three other Republicans.

The RES bill would raise electric rates in those States that haven’t yet followed the failed California model of raising rates to impoverish consumers and drive out energy-intensive industries.  My guess is that it will be blocked in the Senate by Republican and Democratic Senators from those States in the Mideast and Southeast that still depend on low-cost coal and therefore still have manufacturing.  On the other hand, there is an incentive for Senators from States that have already enacted their own renewable requirements to support a national standard in order to lower the competitiveness of the States that have not adopted renewable requirements.

There’s only a month left on the Senate calendar, and elections are looming, so many Senators are wary of an issue as divisive and nuanced as is cap-and-trade energy rationing. As a result, there’s been a lot of procrastinating.

Two weeks ago, Senate Majority Leader Harry Reid convened a meeting of Senate Committee chairs in order to figure out how to proceed with climate legislation. They agreed to punt, by having a meeting of the entire Senate the following week.

A week ago, all Democratic Senators met, and they listened to three of their colleagues pitch variations of climate/energy legislation, as well as a pep talk from Sen. Barbara Boxer (my favorite environmentalist Senator). But the pleas fell on deaf ears, and the DNP Caucus session ended inconclusively.

Following that failure, President Obama requested yet another meeting of Senate energy/climate principles and moderates from both parties. The discussion will take place today, and the guest list includes Sens. John Kerry, Joe Lieberman, Richard Lugar, Judd Gregg, Susan Collins, Sherrod Brown and Lisa Murkowski, according to a survey of offices by Energy & Environment Daily.

Meanwhile, the clock is ticking, and elections are nearing. The punditry seems to be in consensus that the prognosis for cap-and-trade is dire, although there has been some discussion about a sinister back door strategy, by which the Senate would pass bare-bones energy bill, sans an energy tax, and then leadership would insert a cap-and-trade into the bill that is reconciled with the American Energy and Security Act, the climate legislation that the House passed last June. Evidently, proponents of this strategy are banking on the reconciliation conference to take place during the lame duck session after upcoming elections, a time when some Members of Congress would have nothing to lose, because they would have already lost.

**Update: 8:20 A.M. E&E Daily’s lede story this morning reports that President Obama has postponed the climate meeting, due to the ongoing imbroglio over the Afghan general who put his foot in his mouth. Fortunately, there’s not much further down the road the majority can kick this can, before the clock runs out on the legislative calendar.