On The Hill

PFAS Legislation

A deal on federal cleanup standards for PFAS chemicals in the annual defense authorization was scrapped by House Energy and Commerce Chairman Frank Pallone (D-NJ) on Friday (Dec. 5). Lawmakers have disagreed for months over designating the class of 5,000 toxic chemicals as a hazardous substance. A source familiar with the negotiations said Democrats and Republicans were close to a deal on PFAS provisions, but because the FY 2020 National Defense Authorization Act (NDAA) was rushed, Rep. Pallone took the PFAS off of the negotiating table.^[1]  Chairman of the House Armed Services Committee Adam Smith (D-WA) said he opted to advance the compromise bill without key provisions to regulate toxic PFAS chemicals, rather than kill the must-pass legislation.^[2] Senate Armed Services Chairman Jim Inhofe (R-OK) did not specify the details of the current deal, but noted the chemicals were no longer an issue. “I have a very short list of things that have to be done before the end of the day today, that’s not on my list,” Inhofe said. The Senate’s NDAA has a provision that would give the military until 2023 to stop using firefighting foam containing PFAS and would allocate $10 million to research the development of a foam that is free from the chemicals. According to a Government Accountability Office (GAO) report, more than 400 military installations are contaminated with PFAS. The Pentagon has estimated the cleanup will cost more than $2 billion. Negotiators are aiming to finalize the National Defense Authorization Act for FY 2020 by Monday, Dec 9.

Coastal Management and Resilience Legislation

The House plans to vote next week on coastal management and resilience legislation. The 10-bill package is a part of Democrats’ green agenda, and would expand the 1972 Coastal Zone Management Act’s reach and enhance climate adaptation programs. The House Natural Resources Committee reported out the bills in September. House Majority Leader Steny Hoyer (D-MD) said the bills would serve as a “component” to anti-offshore drilling measures the House passed after the August recess. He also said, “having waterways and oceans that help sustain fish and wildlife is part of Democrats’ ‘environmental message’” and that there is broad support for environmental protection measures. ^[3] Democrats said a report is due in March 2020 from the Select Committee on the Climate Crisis, and will likely lead to House climate legislation.

Brouillette Confirmed to be Energy Secretary

On Monday (Dec. 2), the Senate confirmed Dan Brouillette as Secretary of the Department of Energy. Brouillette received wide bipartisan support, with a 70-15 vote. Senator Joe Manchin (D-WV) said of Brouillette’s confirmation, “He has a long history with energy issues and with the Department of Energy, so he is not a stranger to this agency or to the workings of this agency” and “this Senate has confirmed him twice before and we’ve gone in depth in looking into him, he has been forthcoming, and he has not held anything back.”^[4] Opponents of Brouillette were unhappy with his answers surrounding the Ukraine scandal due to previous Energy Secretary Rick Perry’s unwillingness to testify or turn over documents related to the investigation. Brouillette will most likely work to reconcile President Trump’s attempts to cut Department of Energy programs. Senator Lamar Alexander (R-TN) said he is “confident that with his leadership, we’ll continue to build on the progress that we made under Secretary Rick Perry.”

House Energy and Commerce focus on Decarbonization

The House Energy and Commerce Committee continued its series of hearings on decarbonization this week. On Thursday (Dec. 5), the Subcommittee on Environment and Climate Change held a hearing on “Economy-Wide Deep Decarbonization.” Subcommittee Chairman Paul Tonko (N-NY) said carbon pricing should be the centerpiece of an economy wide plan to address climate change, and they are hoping to roll out a “100 by 50” proposal either directly before or after the holidays. “We’re going to need more time to develop some of the more specifics, but it will be a good framework that will acknowledge all the areas of statute that need to be addressed, what our goals are and begin to provide for some of the scripting for the language in the statute,” Tonko told reporters after the hearing. Republicans on the subcommittee warned that pricing legislation could have unintended consequences, pointing to world events such as the yellow vest protests in France, and the potential for Democrats to lose their majority in the House. Subcommittee Ranking Member John Shimkus (R-IL) said, “For anyone to think that consumers are not going to be price conscious in this debate, I would just say a word of warning.” Witnesses at the hearing provided guidance on what to expect from carbon pricing policy. Republicans said they should be focusing on energy innovation and emissions in the developing world before passing any pricing legislation. Tonko and Pallone hope to release a climate bill or framework by the end of this year, likely centered around a carbon pricing scheme.^[5]  On Monday (Dec. 9), Energy and Commerce Republicans will be hosting an “Energy & Environment Innovation Showcase” to highlight the importance of investing in the development and deployment of breakthrough technologies to reduce emissions, power the economy, and provide “greater value to American consumers.”^[6] The showcase will be held in the Rayburn Foyer on the first floor of the Rayburn House Office Building.

References

^[1] Figueroa, Ariana. “Pallone kills bipartisan PFAS deal.” E&E Daily, 6 Dec 2019. https://www.eenews.net/eedaily/2019/12/06/stories/1061735599

^[2] Snider, Annie. “HASC CHairman: Blame Republicans for PFAS impasse.” Politico Pro, 5 Dec 2019. https://subscriber.politicopro.com/article/2019/12/hasc-chairman-blame-republicans-for-pfas-impasse-1839518

^[3] Lunney, Kellie & Cahlink, George. “Coastal, climate legislation heads to House floor.” E&E Daily, 5 Dec. 2019. https://www.eenews.net/eedaily/2019/12/05/stories/1061727045

^[4] Dillon, Jeremy. “Brouillette breezes through confirmation vote.” E&E Daily, 3 Dec. 2019. https://www.eenews.net/eedaily/2019/12/03/stories/1061708755

^[5] Sobczyk, Nick. “Energy and Commerce to focus on ‘deep decarbonization.’” E&E Daily, 2 Dec. 2019. https://www.eenews.net/eedaily/2019/12/02/stories/1061698085 

^[6] “Showcase will highlight local solutions to energy delivery, emissions reductions, and economic growth.” E&C Republicans. https://republicans-energycommerce.house.gov/news/press-release/energy-and-commerce-republicans-to-hold-energy-and-environment-innovation-showcase/