July 28, 2005 CONGRESSIONAL RECORD—HOUSE 18261 In accordance with long practice, Mr. handle such an inconceivably horrible The previous question was ordered. Speaker, each body determined its own possibility and does not leave our duty The SPEAKER pro tempore (Mr. fiscal requirements. As such, the con- to legislate and oversee in limbo. SIMPSON). The question is on the reso- ference report includes $1.1 billion the Mr. Speaker, this is a good bill, es- lution. House of Representatives originally ap- sential to our continued ability to leg- The question was taken; and the propriated for its operations earlier islate, to our power of oversight and Speaker pro tempore announced that this year. It also includes the $759 mil- the continuity of government. the ayes appeared to have it. lion the Senate appropriated for its op- I would like to thank the gentleman Mr. FLAKE. Mr. Speaker, on that I erations. The appropriations for both from California (Chairman LEWIS) and demand the yeas and nays. the House of Representatives and the the gentleman from Wisconsin (Mr. The yeas and nays were ordered. Senate includes funds for Members’ OBEY), ranking member, for their lead- The SPEAKER pro tempore. Pursu- representational allowances, leadership ership on this. And I thank the distin- ant to clause 8 of rule XX, further pro- and committee offices. These funds will guished gentlewoman from California ceedings on this question will be post- help Members fulfill their duties to leg- for her hard work and friendship. poned. I urge my colleagues to support both islate and to oversee. f These funds also help Congress com- the rule and the underlying legislation. Mr. Speaker, I reserve the balance of CONFERENCE REPORT ON H.R. 6, plete the vitally important task, as I my time. ENERGY POLICY ACT OF 2005 have just mentioned, which is the over- Ms. MATSUI. Mr. Speaker, I thank sight of the executive branch. The Con- Mr. BARTON of Texas. Mr. Speaker, the gentleman from Florida for yield- pursuant to House Resolution 394, I stitution grants Congress broad powers ing me the customary time, and I yield that include the extraordinarily impor- call up the conference report on the myself such time as I may consume. bill (H.R. 6) to ensure jobs for our fu- tant power of oversight. This includes Mr. Speaker, we are here to debate ture with secure, affordable, and reli- obviously getting to know what the ex- the rule for the Fiscal Year 2006 Legis- able energy. ecutive is doing, how programs are lative Branch Appropriations con- The Clerk read the title of the bill. being administered, by whom and at ference report, and although I support The SPEAKER pro tempore. Pursu- what cost, and whether officials are this report, I would just like to express ant to House Resolution 394, the con- complying with the law, with the in- my general concerns over the exorbi- ference report is considered as having tent of the law. tant cost overruns of the Capitol Visi- been read. For the Capitol Police, who each and tors Center. Funding contained in this (For conference report and state- every day protect us, our staffs, and report is based on the GAO’s assess- our constituents visiting the Capitol, ment of needs, and I truly hope that ment, see proceedings of the House of the bill appropriates over $249 million. this will be the last installment needed July 27, 2005 at page 17793.) This level of funding will support the to get the center completed. The SPEAKER pro tempore. The gen- current staffing level of 1,592 officers, Through this measure, we will also tleman from Texas (Mr. BARTON) and an additional 43 officers for the Library fund the operations for our institution the gentleman from Virginia (Mr. BOU- of Congress and 45 new officers for the and the many supporting bodies that CHER) each will control 30 minutes. Capitol Visitors Center. Also included we rely upon daily, like the Library of The Chair recognizes the gentleman is an inspector general for the Capitol Congress, the Government Account- from Texas (Mr. BARTON). Police to help the Capitol Police with ability Office, the Congressional Budg- Mr. BARTON of Texas. Mr. Speaker, administrative operations such as fi- et Office, and the Capitol Police. I yield myself such time as I may con- nancial management and budgeting. I would just like to take this oppor- sume. The bill also includes an important tunity to draw attention to those who I want to say at the beginning we piece of legislation, the Continuity in help keep Congress running. There is a currently do not have on the House Representation Act of 2005. As we all tremendous operation that helps my floor the gentleman from Massachu- know, Mr. Speaker, on September 11, colleagues and me do the business of setts (Mr. MARKEY), one of the oppo- 2001, flight 93 was headed toward us the American people, from the per- nents of the bill, but when he arrives, I here. If it were not for the heroic acts sonnel at the Congressional Research want to assure those who are in opposi- of the passengers on flight 93, we could Service that aids our offices in keeping tion to the bill that we will yield time very well have faced a situation where up with the latest issues, to the Clerk’s so that they have an opportunity to Congress may not have been able to staff that records every word we speak, participate in the debate. function. We cannot allow this to hap- tracks each bill introduced, and, no With that I want to say that this is pen. We certainly have to do every- matter the hour, is here to support us a great day. The House is poised to thing we can to not allow it to happen. as we debate the priorities of the Na- pass the most comprehensive energy policy that we have ever had before b 1115 tion. It is also the curators who impart the history of this great Capitol Build- this body, at least in the time that I H.R. 841 would accelerate elections in ing to visitors every single day, and have been in the House of Representa- case a terrorist attack leaves the painters and archivists that maintain tives, which encompasses the last 21 House of Representatives with over 100 the historical integrity of the build- years. vacancies. It provides for the expedited ings. It is not without the maintenance In the last Congress, the House was special election of new Members to fill crews, food service workers, and so able to adopt a conference report, but seats left vacant in ‘‘extraordinary cir- many that I cannot even begin to name the other body was never able to in- cumstances.’’ that keep the trains running smoothly voke cloture and bring that bill to the The House passed this bill earlier on the Capitol complex. I thank them floor. this year by an overwhelming bipar- all for their service. This bill builds on last year’s bill. It tisan margin of 329 to 68. In the 108th Mr. Speaker, I look forward to seeing is full of superb legislation. It is a very Congress, the House passed a similar one of the first appropriations con- balanced bill both for conservation and bill by a vote of 306 to 97. Each time ference reports move forward today. for production. There is a very strong the Senate has failed to consider this Ms. MATSUI. Mr. Speaker, I have no title on energy efficiency. There is a vital piece of legislation; so the Speak- further requests for time, and I yield strong title on renewable energy and er wisely asked that this very impor- back the balance of my time. clean energy. On a bipartisan basis, we tant legislation be included in this Mr. LINCOLN DIAZ-BALART of have even adjusted daylight savings process. Florida. Mr. Speaker, I have no further time to help save energy. We must not ignore the threat to our requests for time, I yield back the bal- The bill before us today is going to constitutional duty. It is time that we ance of my time, and I move the pre- promote a new generation of clean coal have legislation such as this that can vious question on the resolution. technology. It is going to promote the

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00013 Fmt 0687 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 18262 CONGRESSIONAL RECORD—HOUSE July 28, 2005 use of our Nation’s greatest domestic partisan, bicameral basis. It is one of technologies that will encourage a resource, which is coal. It is going to the titles that I am most proud of. It is greater use of coal for the electricity do it in a clean, environmentally safe going to usher in for our electricity in- generation with superior environ- fashion. We are going to introduce a dustry innovations across the board, mental performance. new generation for nuclear power in from the generation of electricity, to Coal is our most abundant domestic this country. There are many innova- the transmission of electricity, to the energy reserve. Within our borders we tions that should make it possible the distribution of electricity, to the con- have 250 years of proven coal reserves. next 3 to 4 years to begin to construct sumption of electricity. It is truly a Our bill encourages electric utilities to a new nuclear power plant. landmark piece of legislation in the make coal, rather than natural gas, the With the help of the gentleman from electricity title. fuel of choice for new electricity-gener- Michigan (Mr. DINGELL) and Senator I want to thank the distinguished ating units, with an easing of the esca- CRAIG in the other body, we have a re- gentleman from Michigan (Mr. DIN- lating pressure on natural gas prices. form in our relicensing process for hy- GELL), the dean of the House of Rep- The bill is a balanced measure which droelectric plants, which, as we all resentatives, who has been in this body deserves our support. know, have zero emissions. We also for almost 50 years, for his strong lead- b 1130 have parts of the bill that are going to ership on this bill on the minority side. vigorously pursue the Hydrogen Fuel I cannot tell the Members what a Mr. Speaker, I urge its approval by Initiative, which has the promise to pleasure it was to have him sit with me the House. help relieve some of the dependency on in the negotiations with the Senate Mr. Speaker, I reserve the balance of the internal combustion engine which and to have him sit beside me in the my time. we have developed in this country. We open conference markups and educate Mr. BARTON of Texas. Mr. Speaker, want to give American drivers the op- me on how to do the parliamentary I ask unanimous consent that of the portunity to drive safe, affordable, and procedure and handle some of the sen- majority time, 10 minutes be yielded to reliable, clean hydrogen cars as soon as sitive issues that came before the con- the gentleman from Massachusetts the year 2020. That is not as far off as ference. He is truly a giant among gi- (Mr. MARKEY), and I yield to the gen- it seems, Mr. Speaker. ants, and I cannot more proud. If I am tleman from Virginia (Mr. BOUCHER) to In the short term, we have provisions as proud of anything in this bill, it is make a similar request on the minority in the bill to make it more efficient to the fact that the gentleman from side. use our boutique fuels. These are fuels Michigan (Mr. DINGELL) signed the con- Mr. BOUCHER. Mr. Speaker, I also that are a blend of fuels between gaso- ference report. And I think that is a ask unanimous consent that 10 minutes line and different types of ethanol. tremendous credit to him and how will- of our time be yielded to the gentleman Under current rules there are as many ing he was to work within the process. from Massachusetts (Mr. MARKEY), as 19 different blends, many of them Mr. Speaker, I reserve the balance of with the result that the majority will manufactured or refined in only one re- my time. have 20 minutes, we on our side will finery. The bill before us reduces that Mr. BOUCHER. Mr. Speaker, I yield have 20 minutes, and the gentleman number so that we have greater trans- myself 2 minutes. from Massachusetts (Mr. MARKEY) will portability of our boutique fuels be- It is our intent also to join with the also have 20 minutes. tween those regions of the country gentleman from Texas in yielding some The SPEAKER pro tempore (Mr. that need those fuel sources. time to the opposition to this measure SIMPSON). Is there objection to the re- We have a brand new title on siting this morning. quest of the gentleman from Texas (Mr. new liquified natural gas terminals. We I want to begin by commending the BARTON) and the gentleman from Vir- are dependent on about 10 percent of work of the gentleman from Michigan ginia (Mr. BOUCHER)? imports for natural gas right now, yet (Mr. DINGELL), the ranking member of There was no objection. we have not sited a new LNG facility in our House Committee on Energy and The SPEAKER pro tempore. The gen- this Nation in over 30 years. Commerce, for the strong leadership tleman from Massachusetts (Mr. MAR- The bill before us will look at the that he has provided as our committee KEY) will control 20 minutes. permitting process. It will respect the has considered this measure over the Mr. MARKEY. Mr. Speaker, I yield States rights and local community past 4 years. And I want to commend myself 1 minute. rights, but it will create a process the gentleman from Texas (Mr. BAR- Mr. Speaker, this bill is a historic where they get a decision, and hope- TON), the chairman of our committee. failure. It will not lower gasoline fully some of those sites will be per- He has presided over the House-Senate prices. This bill does not do anything mitted in the next 3 to 4 years, and we conference on this measure with grace. about fuel economy standards for auto- will be able to import liquefied natural It was truly an open process. It was mobiles and for SUVs. We put 70 per- gas for our Nation’s economic future. truly a bipartisan process. And the pas- cent of all the oil that we consume in We also have a sector that came over sage of the Energy Policy Act of 2005, the United States into gasoline tanks. from the other body on a comprehen- which we will accomplish today, will This bill is silent on that. It is 2005. We sive inventory in the oil and gas re- be a lasting tribute to the gentleman now import 60 percent of all of the oil serves in the Outer Continental from Texas’ (Mr. BARTON) skill and to which we consume in America; most of Shelves. This particular title is some- his leadership. it comes from the Middle East. One thing that is a work in progress, and I Today we demonstrably advance our would think that we could do some- expect later today to engage in a col- Nation’s energy policy. Long-needed thing about the place we put the oil. loquy with some members of the Flor- reliability standards will add stability This bill is silent. ida delegation to see if perhaps in the and security to the electricity trans- With regard to renewables, all utili- near future we cannot refine that title mission grid. Modernized provisions ties in the United States could have to make it more acceptable to some of will encourage cogeneration and other been given a mandate that they have the Coastal States that have concerns distributed means of producing elec- to designate a substantial percentage about the inventory. tricity both efficiently and with im- of their electrical generating capacity We have a strong title on research proved environmental performance. over the next 20 years as renewable en- and development that would authorize The bill opens the door to a new gen- ergy. This bill rejects that. It says, we programs for the study of energy effi- eration of smart meters and real-time are not going to move the utilities to- ciency, renewables, nuclear energy, pricing plans so that electricity con- wards a renewable energy future. fossil fuels, and much more. sumers can save money by operating Mr. Speaker, this bill is a failure on The electricity title is one of the best appliances during times of lighter elec- two of the central technology issues titles in the bill. It is a title that has tricity demand. And we take meaning- that the 21st century should be known been put together over 6 years on a bi- ful steps to deploy advanced clean coal for. I call for a ‘‘no’’ vote on this bill.

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00014 Fmt 0687 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 28, 2005 CONGRESSIONAL RECORD—HOUSE 18263

Mr. BARTON of Texas. Mr. Speaker, from lawsuits. This means that States TON) and the gentleman from Michigan I am in awe, as always, of the gen- and localities and municipalities will (Ranking Member DINGELL), Mr. tleman of Massachusetts’ rhetorical be able to hold these manufacturers Speaker, I do rise in opposition to the abilities. liable when they pollute underground bill. Mr. Speaker, I yield 2 minutes to my water supplies. These are two major This bill is a missed opportunity to distinguished friend, the gentleman environmental victories of which we provide a secure energy future for from Georgia (Mr. NORWOOD), a member should be very proud. America. It is a bill packed with tax- of the committee and a conferee. But let us look at the positive things payer-subsidized goodies for energy Mr. NORWOOD. Mr. Speaker, I rise that are, in fact, in the bill, because companies. It is a bill that will not re- today in strong support of the Energy here we see an energy policy emerging duce our dependence on foreign oil. Policy Act of 2005. After several years that will help America attain security Mr. Speaker, I am pleased about one of trying, the time to pass this vital and independence. part of the bill: it no longer contains legislation is now. The President has First of all, we put in this bill man- the liability waiver to the MTBE in- waited patiently since his first week in datory reliability standards. Now, dustry. Now, perhaps, communities office. We need to pass this today. there are some folks in the Northeast with MTBE-polluted groundwater will Blackouts have affected our country, that sat in the dark and suffered have a fighting chance to get it cleaned gas prices are crippling family budgets, through scorching heat in a power out- up by the people who made the mess. I and foreign energy resources have our age some years ago, so this is very im- call on the MTBE industry to do the Nation beholden to overseas interests. portant. These mandatory standards right thing now, stop fighting in court We have not built a new nuclear power will help us avoid the problems that we and in Congress, own up to your re- plant in a generation. Additionally, we encountered when whole States began sponsibility by sitting down and work- must begin to harness new energy to go dark and air conditioners went ing out cleanup plans with these af- sources for new potential. This bill off. This is very meaningful. We have fected communities. wisely addresses all of these things. never had mandatory electricity reli- Unfortunately, Mr. Speaker, the rest Taken together, the provisions in ability standards for performance, for of the bill is mostly bad news. At a this legislation will diversify and in- training of personnel, and for mainte- time of record-high energy prices, the crease our energy supply in a careful nance of the system. bill hands out tens of billions of dollars and measured way. It deserves passage. Let me look at another area, the area in taxpayer subsidies for the oil and Now, it does not have everything in gas, coal and nuclear power industries it that every Member wanted. This has of hydrogen. We have almost $3 billion in incentives for hydrogen fuel develop- already making record profits. been a long fight, and we all owe a The bill also cuts States out of LNG ment. Now, why is that important? Be- great deal of gratitude to the gen- siting decisions, giving power to the cause it looks to the future. We have a tleman from Texas (Chairman BARTON) Federal Government, which, of course, past which reflects a dependence on for his patience over the last 5 years as always knows what is best. he has tried to guide us to an energy fossil fuels, oil, gas, and cars that emit In addition, the bill does precious lit- policy for this Nation that we have not huge amounts of pollution. We are tle to make America more energy effi- had certainly since I have been in Con- looking at a future when cars and cient or to reduce our dependence on gress. It is time now to do that. buildings will run electricity generated foreign oil. There is no effort to make I thank personally the gentleman by hydrogen fuel cells, hydrogen en- our cars more energy efficient. Sev- from Texas (Chairman BARTON) for his ergy generated through solar, through enty-five percent of the oil we use fair and evenhanded way, as he has wind, and through nuclear energy. This every day goes right into our gas been just now, giving time to the gen- is very important. We will see cars that tanks. This bill acts like it is okay tleman from Massachusetts (Mr. MAR- only emit water. We think this is a that mileage on our autos has gone KEY), who obviously opposes the bill. good thing. down in recent years, there is no con- But the rest of us in here need to pass Now, will that solve the problem of nection between that and today’s this legislation today. I urge us all to the $2.50 gas we have today? No. But record gas prices. vote ‘‘aye.’’ this energy policy is looking toward Finally, Mr. Speaker, this bill calls Mr. BOUCHER. Mr. Speaker, I am the future, and I think it is important for new offshore drilling under the pleased to yield 3 minutes to the dis- to understand that we are undertaking guise of conducting a so-called inven- tinguished gentleman from Maryland a task much like putting a man on the tory. (Mr. WYNN), one of the conferees on the Moon in which we are saying, down the My friends on the other side will energy conference. road, we will accomplish great things, argue that this is just a study so we Mr. WYNN. Mr. Speaker, let me innovative things because we are mak- know what is out there. MMS already begin by thanking the gentleman from ing those investments today, and those conducts surveys every 5 years on off- Virginia (Mr. BOUCHER) for yielding me investments are, in fact, in this energy shore resources. We already know this time. Let me then proceed to bill. where the offshore oil and gas is: in the thank our ranking member, the gen- We should also be pleased that other central and western gulf where drilling tleman from Michigan (Mr. DINGELL), sources of energy are being enhanced in is currently allowed and is under way, for his strong leadership on this mat- this bill. Solar energy, wind energy, so why the inventory? ter, and also our chairman, the gen- biomass, all receive incentives for de- Putting it simply, this is just a first tleman from Texas (Chairman BAR- velopment of critical alternatives. step in opening up offshore areas now TON), for his leadership. They have We are looking at a situation in off limits to new drilling. This means done a Herculean job in bringing us which we can tell our children and our new drilling off States like Florida, this energy bill that will give us a com- grandchildren that we did something North Carolina, and California. Make prehensive and bipartisan energy pol- today to make their energy security no mistake: this inventory is the oil icy for the future, a very forward-look- greater and their energy independence companies’ attempt to begin disman- ing bill. greater. Please adopt the Energy Pol- tling the long-standing, bipartisan Let me begin by applauding what is icy Act of 2005. moratorium on new drilling in these not in this bill. First of all, I think it Mr. MARKEY. Mr. Speaker, I yield 2 areas. is very significant that in this bill minutes to the gentlewoman from Cali- Voting for this bill means you sup- there will be no drilling in the Arctic fornia (Mrs. CAPPS). port drilling off Florida, California, National Wildlife Reserve. Our Arctic Mrs. CAPPS. Mr. Speaker, I thank North Carolina, and other States. I and sub-Arctic ecosystems will con- the gentleman for yielding me this urge my colleagues to vote down this tinue to flourish. time. bill. This bill also does not shield manu- With great respect to our leaders, the Mr. BARTON of Texas. Mr. Speaker, facturers of the fuel additive MTBE gentleman from Texas (Chairman BAR- I yield 2 minutes to the distinguished

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00015 Fmt 0687 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 18264 CONGRESSIONAL RECORD—HOUSE July 28, 2005

gentleman from Texas (Mr. HALL), the Mr. Speaker, I think what we have are really concerned about global cli- chairman of the Subcommittee on En- before us today is a pretty good energy mate change and climate change here ergy and Air Quality. bill. The conferees worked hard to find in this country, we must revisit the Mr. HALL. Mr. Speaker, I rise today, a compromise on this legislation, and I issue of nuclear energy, and I am of course, in support of H.R. 6, the En- think that the majority of our col- pleased this bill provides incentives to ergy Policy Act of 2005; and I am very leagues on both sides of the aisle will make the United States once again a pleased with the conference agreement support it today. leader in this area, and protect our en- before us today as the culmination of I want to give particular congratula- vironment, protect our climate and get years of hard work and determination tions and thanks to the leadership of America less dependent on foreign oil. amongst my colleagues and friends. I the gentleman from Texas (Chairman Mr. Speaker, as I said, this is not a certainly commend the gentleman BARTON) and the gentleman from perfect bill but is one that I can sup- from Texas (Chairman BARTON) and the Michigan (Ranking Member DINGELL), port. After 13 years and seeing so many gentleman from Michigan (Ranking and also to Senator DOMENICI and Sen- energy bills come before this floor, Member DINGELL). I have been here 25 ator BINGAMAN. By all working to- none of which I have supported, I am years, and I have never seen an oper- gether, we do have a bill. pleased to be able to lend my support ation like the one we have gone Is it a perfect bill? No. And if we are for this bill, and once again I would through this last week where the rank- going to work via compromise, it can- like to thank the leadership for their ing member, the gentleman from not be a perfect bill. I would have pre- work on this legislation. Michigan (Mr. DINGELL), and the chair- ferred to see fewer corporate tax Mr. Speaker, I think what we have before us man, the gentleman from Texas (Mr. breaks; and I think in conference, today is a pretty good energy bill. The con- BARTON), worked together on ham- those of us on the main committee, we ferees worked hard to craft compromise legis- mering out a good bill; not perfect for were blocked out on those tax provi- lation that I think the majority of our col- either one of them, but both of them sions. So while I have some objections leagues on both sides of the aisle will support working for what has been called ‘‘the on some of these corporate tax breaks, today. greatest good for the greatest num- overall I think they are fair. Is this a perfect bill? No. I would have pre- ber.’’ These two men worked together, In addition, I would have liked to ferred to see some of the corporate tax breaks did not agree on everything, but have seen stronger measures for direct pared back, but the Energy and Commerce worked together for the good of the relief at the pump for Americans who conferees were shut out of discussions re- people, basically for the young people are suffering right now as we pay garding tax provisions. of this country who will have to fight a record-high gasoline prices. In fact, in In addition, I would like to have seen strong- war for energy if we do not find our Michigan last week, as I noted to the er measures to give direct relief at the pump own energy, and we have plenty of it conferees, gas spiked 80 cents in one for the millions of Americans who are paying here. day, it went up 80 cents, to $3.51. That record high prices for gasoline right now. I had We need this bill before us today. We was based on rumors and everything a measure that would have provided millions needed it 5 years ago. But I gladly ac- else. But that is how volatile the situa- of additional barrels of oil for the U.S. market cept it, because we simply cannot go tion is out there. by suspending contributions to the strategic another day without doing anything we So I actually had a provision that petroleum reserve until the price of oil dips have to do to increase our domestic said, stop filling the Strategic Petro- below $40 per barrel for two consecutive production of oil and gas, increase our leum Reserve until a barrel of oil drops weeks. Unfortunately, that was dropped in ex- energy efficiency, and step up our con- change for language allowing the Secretary of servation efforts, all towards the goal below $40 for 2 consecutive weeks. Un- Energy to voluntarily suspend contributions if of being less reliant on foreign coun- fortunately, the language did not make he sees fit. I would like to take this time to tries, people that do not trust us, peo- it into the final bill. But we do encour- suggest that he do so immediately, allowing ple that we do not really trust for our age the Secretary of Energy to look at more oil into the domestic market. energy needs. this, and I would like to take this time I also would have liked to have seen strong- I am especially pleased about the in- to suggest to him that he do something er wording for secondary containment of un- clusion of my Ultra-deepwater and Un- immediately to help out our domestic conventional Offshore Natural Gas and gasoline market. We just cannot con- derground storage tanks. While we did make Research and Development program, tinue to see spikes of 80 cents. some improvements on this issue, we can ill which will enable the development of Also, I would have liked to have seen afford to allow our groundwater to become new technology to increase natural gas stronger language on the underground contaminated with gasoline from leaking un- production from the 1,900 trillion cubic storage issue. While we did make some derground storage tanks. In particular, we can- feet of technically recoverable reserves improvements on this issue, I think we not allow MTBE to continue to contaminate in North America, enough to meet over can ill-afford to allow our groundwater drinking water across the country. 85 years of demand at current rates of to continue contaminating our drink- I am happy that the ‘‘safe harbor’’ provisions consumption. ing water. In particular, we cannot for manufacturers of MTBE that were in the Mr. Speaker, this is a good bill for allow MTBE to continue to contami- House bill were dropped. Instead, there is a the Nation, it is a good bill for the nate drinking water across this coun- provision allowing lawsuits to be sent to Fed- Fourth Congressional District of try. eral court if a defendant wants to make a re- quest to do so. During the conference, I asked Texas, it is good for our country, and it b 1145 is good also for this generation of high Chairman BARTON about the MTBE provisions school juniors and high school seniors On a positive note, I am very excited in the bill and whether the claims filed after who, using this energy policy, will be and pleased that finally after all of the the date of enactment would require a case to able to ask themselves which univer- years of work, we have a permanent be sent to Federal court. The chairman indi- sity or college will I enter, rather than ban on oil and gas drilling in and under cated that it did not require a case to be sent which branch of service will I enter. the Great Lakes. Whether it is a State to Federal court, but gave defendants in pro- I urge all of my colleagues to vote permit or a Federal permit, you will no spective suits the right to ask that the case be ‘‘yes’’ for this very important piece of longer be allowed to do it. I am very sent to Federal courts. I wanted to be sure legislation. pleased with that provision that I have that we were not conferring any new sub- Mr. BOUCHER. Mr. Speaker, at this worked for for more than a decade to stantive or subject matter jurisdiction over time I am pleased to yield 3 minutes to put the provision in there. MTBE cases and I was pleased to hear from the gentleman from Michigan (Mr. Also there are some provisions on nu- Chairman BARTON that to his knowledge, the STUPAK), another of our conferees. clear energy, and I know that is sort of legislation was not doing so. Mr. STUPAK. Mr. Speaker, I thank a controversial thing, but I, for one, be- I am happy to see that there are provisions the gentleman for yielding me this lieve if we are going to start worrying in the bill to increase incentives for the nuclear time. on dependency on foreign oil, that if we power industry. While I know that there are

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00016 Fmt 0687 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 28, 2005 CONGRESSIONAL RECORD—HOUSE 18265 those who oppose nuclear energy, I feel that time is secondary to getting people to in this bill that I disagree with, but if we are going to reduce our dependence on a level of agreement that allows us to overall I support passage of this con- foreign oil, and climate change we need to ex- present this bill on the floor today. ference report, because it contains plore increased nuclear technologies. Of course, no bill is perfect, but if many provisions that are important to A provision I am particularly proud to say you do not have a bill, you cannot me and to my district, including provi- made it into the conference is a ban on any stand up and criticize it as the gen- sions affecting ethanol and the Low In- new oil and gas drilling beneath our Great tleman just did in the well. I am very come Home Energy Assistance Pro- Lakes. This provision will improve public safe- pleased with this work product in gram, also known as LIHEAP. ty and protect the source of drinking water for terms of its balance. We tried to create During the markup of this House more than 30 million residents of the Great balance within the tax area. We are version of the bill in the Energy and Lakes. I’ve worked on this for more than a willing to spend money on an experi- Commerce Committee, we passed my decade and this will benefit the people of the mental basis on a number of alter- amendment, which will significantly Great Lakes for generations to come. native sources. As some do not prove increase authorized funding for Lastly, I am happy to report that this bill out, I am hopeful that we do not turn LIHEAP to $5.1 billion. And I am very does not include drilling for oil and gas in the them into perennial payments just be- pleased that this increase was sus- Arctic National Wildlife Refuge. cause they started in the bill; that we tained during the conference com- Mr. Speaker, this is not a perfect bill, but it move and look for those alternate mittee and the hearings of the con- is one that I can support and I thank Chairman sources of energy that can begin to ference committee. BARTON and Ranking Member DINGELL for augment the fundamental hydrocarbon Mr. Speaker, I want you to know their tireless efforts to come to the com- structure and then move beyond that that this provision is so important to promise before us today. as expeditiously as possible. my constituents and to constituents Mr. MARKEY. Mr. Speaker, I yield It is a balanced bill. I think you will similar to mine who suffer during the myself 1 minute. see balanced support. Once again, I ravaging winter months and are often Mr. Speaker, this bill contains about want to compliment the chairman for at a point where they have to make a $80 billion worth of giveaways to the doing something that heretofore has decision between paying high energy oil and gas and other industries in our not been done. It is always easy when costs and paying for medical care or country. Those giveaways are coming you do it. It has not been done before. paying for food. from somewhere. Congratulations to the gentleman from I want to talk for a moment about The United States has a huge deficit. Texas (Mr. BARTON). this process that we have gone through We do not have any money. There is Mr. Speaker, the need to complete this this year. This year’s process has been only one part of our government that comprehensive energy bill leads us to con- infinitely better than last year’s shod- is running a surplus, and that is the sider it without the normal accompanying dy process, whereby the majority went Social Security Trust Fund, and what statement of managers used to clarify and en- behind closed doors and drafted a con- the Republicans are doing is erecting a hance understanding of the legislative text. ference report with zero input from the huge oil rig on top of the Social Secu- Our colleagues, the chairman of the Com- minority. rity Trust Fund to drill for the reve- mittee on Finance and the ranking minority And, Mr. Speaker, I want to let you nues that will be given to the wealthi- member of that committee, agree with me that know and let the Members of this est industries in America—the oil and those who follow tax legislation can and House know that I really appreciate gas industries—that are reporting the should use the Joint Committee on Taxation’s the fact that Chairman BARTON has dis- largest profits in the history of any in- publication, ‘‘Description and Technical Expla- played a willingness to be fair and to dustry in the history of the United nation of the Conference Agreement on H.R. work with me and other Democrats on States. 6, Title XIII, Energy Tax Incentives Act of this energy bill. We have a long history The Republicans are tipping the 2005, JCX–60–05, as the functional equivalent of bipartisan cooperation in our great United States consumer and taxpayer of a statement of managers for the purposes committee, the Energy and Commerce upside down and shaking money out of of completing their understanding of what the Committee, particularly and especially their pockets. tax incentives provide. when the gentleman from Michigan Mr. BARTON of Texas. Mr. Speaker, The joint committee publication has been (Mr. DINGELL) was chairman. I want to we thank the gentleman from Massa- submitted for publication in the CONGRES- commend the gentleman from Texas chusetts (Mr. MARKEY) for using his SIONAL RECORD. It can also be accessed on (Mr. BARTON) for continuing this tradi- chart once again. the joint committee’s website—http:// tion. It should serve as a blueprint for Mr. Speaker, I yield 2 minutes to the www.house.gov/jct/—for those who are inter- the rest of the Congress. We would gentleman from California (Mr. THOM- ested. It is an extremely useful tool the public have a lot less sniping and get a lot AS), the distinguished chairman of the can employ to see just how much we have ac- more work done in the full House of Ways and Means Committee. complished with this bill. Representatives were we to follow the Mr. THOMAS. Mr. Speaker, they I would also note, as a matter of clarifica- leadership of Chairman BARTON, the have a saying in racing that to finish tion, section 1326 of the conference report, ranking member and the Energy and first, first you have to finish. It is a which provides for a 7-year depreciation peliod Commerce Committee. pleasure to stand up after several frus- for natural gas gathering lines, is meant to And I urge my colleagues to vote yes trating years and Congresses to be here prospectively clarify the depreciation of prop- for this conference report. supporting an energy bill. As we move erty meeting either of the two standards in Mr. MARKEY. Mr. Speaker, I yield 30 from a society totally dependent upon subsection (b) of the section. This provision seconds to the gentleman from Oregon fossil fuels to alternative energy, it is should not be interpreted as undermining any (Mr. BLUMENAUER). important to make sure that the infra- taxpayer’s position versus the IRS in regard to Mr. BLUMENAUER. Mr. Speaker, structure that will carry us through to current law, but instead as a clarification of the when it has never been clearer that the alternate energy is functioning ade- treatment of property meeting either of the United States needs to catch up to the quately, and I am pleased that that has standards described in subsection (b) after rest of the world dealing with energy been done in this bill. I am also pleased April 11, 2005. efficiency and global warming, even that, as principally led by Senator Mr. BOUCHER. Mr. Speaker, I yield 3 the supporters of this legislation agree DOMENICI for a number of years, that minutes to the gentleman from Illinois with the taglines in the New York we are beginning once again to look at (Mr. RUSH), a valuable member of our Times and the Washington Post, ‘‘it is an obvious source of energy that has Energy and Commerce Committee. not a disaster’’, ‘‘it could have been been overlooked, nuclear energy. Mr. RUSH. Mr. Speaker, I rise in sup- worse’’. And I want to compliment the new port of this conference report. I do not Forget about explaining to our chairman of the Energy and Commerce think that this piece of legislation is grandchildren; how will the Members of Committee for his understanding that perfect, and there are many provisions this Congress explain to next Congress’

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00017 Fmt 0687 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 18266 CONGRESSIONAL RECORD—HOUSE July 28, 2005 interns about why we settled for the Mr. Speaker, I commend my col- taxpayers’ money to produce more nu- lowest common denominator, contin- leagues for choosing not to include clear waste that has a radioactive life ued to finance both sides of the war on MTBE safe harbor provisions in the of 300,000 years? terror with our continued dependence bill, but that alone does not guarantee Before we waste taxpayers’ money on on Middle East oil. If we could not get that this is a good bill. nuclear energy, let us figure out how to landmark legislation, hopefully this The bill is a missed opportunity. I do deal with the nuclear waste. This is a bill will be a tombstone for the energy not support this legislation. And I slap in the face and an insult to the policy for the last century. know we must continue this debate on people I represent. Mr. BARTON of Texas. Mr. Speaker, cleaning up our environment and pro- Mr. BARTON of Texas. Mr. Speaker, I yield 1 minute to the gentleman from tecting our consumers. I want to first recommend the gentle- Michigan (Mr. UPTON). Mr. BARTON of Texas. Mr. Speaker, woman of Nevada to look at section Mr. UPTON. Mr. Speaker, Ben I yield 1 minute to the gentleman from 1290 of the bill which is an item that Franklin certainly would be proud, be- Texas (Mr. BURGESS). the Senior Centers in Nevada strongly cause as the father of daylight savings Mr. BURGESS. Mr. Speaker, this has supports. time, we are finally implementing his indeed been a long process. I thank the Mr. Speaker, I yield 11⁄2 minutes to ideas in this legislation. chairman and I thank the ranking the gentleman from Florida (Mr. I want to thank the many Repub- member for providing us with the lead- STEARNS) for purposes of a colloquy. licans and Democrats that are sup- ership that has given us this balanced Mr. STEARNS. Mr. Speaker, the gen- porting this legislation in both bodies. legislative product. tleman from Florida (Mr. BILIRAKIS) And, of course, on daylight savings Mr. Speaker, conservation, produc- and I would like to engage the gen- time today, it starts the first Sunday tion, alternative energy sources, and tleman from California (Mr. POMBO) in in April, it goes through the last Sun- new technologies, hybrid vehicles, fuel a colloquy. day in October. cell vehicles are all part of this energy First of all, we want to thank the We learned, my coauthor, the gen- bill that we have before us today. gentleman for his willingness to work tleman from Massachusetts (Mr. MAR- In my district back in Texas, signifi- with the entire Florida delegation to KEY), and myself learned that there cant because we have a big solar panel reach an agreement that will allow the was a U.S. Government study done production plant in Keller, Texas, we States to increase control of their back when maybe I was in junior high have a wind turbine plant in Gaines- waters. school that we said that we would save ville, Texas, up in Cook Country. And Included in H.R. 6 is a provision or- 100,000 barrels of oil a day for every day while people know that we have lots of dering an inventory and analysis of oil that we extended daylight savings wind and lots of sun in Texas, you may and natural gas resources in the Outer time. That was when we had 50 million not know that we have garbage in Continental Shelf. Many are concerned fewer Americans. Texas. And in Denton, Texas, my that this inventory is merely a pre- Well, guess what we do in this bill? hometown, we have a new biodiesel cursor to drilling off Florida’s coast Beginning in 2007, we will change day- plant, and the energy for that biodiesel against the wishes of the Governor and light savings time. It will start now plant is taken entirely from methane our two U.S. Senators and the Florida the second Sunday in March, it will go from the city dump, truly a balanced delegation. through Halloween, through the first way to achieve new sources of energy. Currently, there is a moratorium Sunday in November. Mr. Speaker, again I thank the chair- against drilling in this area, over here, We know that traffic fatalities will man for the leadership in bringing this until 2012, and these areas called the decrease. We know that crime rates bill for us today, and I urge my col- stovepipe and bulge, here and here to will decrease. We know that folks will leagues to support it. 2007. The top of the stovepipe is about get home with an hour more of sun- Mr. BOUCHER. Mr. Speaker, we re- 16 miles off the coast of Pensacola, light, whether they are coming home serve the balance of our time. home to a large amount of military op- from school or whether they are com- Mr. MARKEY. Mr. Speaker, I yield 1 erations. ing home from work. And by having it minute to the gentlewoman from Ne- Mr. Speaker, can we have the chair- kick in 2007, we will allow other coun- vada (Ms. BERKLEY). man’s assurance that he will continue tries, whether they be Canada, Mexico, Ms. BERKLEY. Mr. Speaker, I am to work with the Florida delegation to perhaps Europe, to establish their voting against this legislation. It does find a solution that encourages and en- timelines the same as ours. We will add absolutely nothing to lower the out- sures that drilling or exploration will a little more sunshine to everybody’s rageous price of gasoline at the pump. not occur in the areas off the Florida day. It provides precious little for research coast against the wishes of the State? Mr. BOUCHER. Mr. Speaker, we re- and development of renewable energy Mr. BILIRAKIS. Mr. Speaker, will serve the balance of our time. sources. the gentleman yield? Mr. MARKEY. Mr. Speaker, I yield 1 What it does do is give huge subsidies Mr. STEARNS. I yield to the gen- minute to the gentlewoman from Cali- to the oil and gas industries that are tleman from Florida. fornia (Ms. SOLIS). making record profits. But the main Mr. BILIRAKIS. In addition, the Ms. SOLIS. Mr. Speaker, I want to reason I am voting against this dog of chairman has stated in the past that tell you that I am in opposition to the a piece of legislation is because it gives each individual State should have the Energy Policy Act of 2005. In my opin- major megasubsidies to the nuclear in- ability to control its own waters, and ion, the bill does nothing to reduce our dustry so that they can build more nu- the decision to drill or take an inven- dependency on foreign oil. It does not clear power plants. tory should rest with the State legisla- reduce gas prices. It does not make our ture and the Governor. Can the gen- Nation more secure. b 1200 tleman assure us that he will work Instead, the bill will increase gas What is the problem with this? When with us to provide States with that prices for consumers in California, you have nuclear energy it produces a ability? where I come from, by requiring the in- deadly by-product. That deadly by- Mr. POMBO. Mr. Speaker, will the creased use of ethanol. It threatens our product is nuclear waste. This Nation gentleman yield? water supply by rolling back the Safe has never figured out what to do with Mr. STEARNS. I yield to the gen- Drinking Water Act, the Clean Water the nuclear waste. We cannot safely tleman from California. Act, and a trade-off I do not find ac- store it. Our solution is to put it in a Mr. POMBO. Mr. Speaker, I will con- ceptable at all. It overrides our States hole in the Nevada desert where we tinue to work with both of the gentle- rights to oppose drilling offshore by in- have ground water problems, seismic men and the entire Florida delegation cluding language requiring an inven- activity, volcanic activity. Why would to resolve all of these problems so that tory. we be spending billions of dollars of we do what is in the best interest of

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00018 Fmt 0687 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 28, 2005 CONGRESSIONAL RECORD—HOUSE 18267

Florida the other States and the coun- The petro-chemical industry is in II. DOMESTIC PRODUCTION try. I appreciate all the work that the dire need of stable natural gas feed- I am disappointed that the legislation does gentlemen have put into this already. stock prices as elsewhere along the not go nearly far enough to increase domestic Mr. STEARNS. Mr. Speaker, I would Gulf Coast. Our community would end energy supplies. say the importance of this is it be a up looking like the Rust Belt. This America’s vast offshore energy resources long-term solution for the State of committee report helps that. remain largely off-limits, even through our Florida instead of having to go to reit- Domestic production, I am dis- coasts would not be threatened by develop- eration every 2 years dealing with this appointed, did not go far enough in do- ment. moratorium. As you know, we worked mestic energy supplies. America’s vast Contrary to the political scare tactics of cer- almost 3 hours in the night trying to offshore energy resources remain large- tain organizations, oil and gas can be pro- come up with a solution. We have a ly off-limits even though our coast duced safely off of Florida, California, and the East Coast. Beaches and coastal areas in the workable plan that we discussed with would not be threatened by develop- lower 48 have no need to fear a Valdez-like the chairman, and we very much appre- ment. Contrary to political scare tac- ciate the chairman’s support, interest, accident from offshore production. tics of certain organizations, oil and Lower 48 production uses pipelines, the and help. gas can be safely produced, whether it Mr. BILIRAKIS. We know the chair- safest form of transportation in the world, and is Florida, California, or the east coast. man is a man of his word. will not mean more oil tankers. Mr. BOUCHER. Mr. Speaker, I yield 3 We have been doing it off Texas, Lou- In many decades of oil and gas production minutes to the gentleman from Texas isiana, Mississippi, and Alabama for in the Gulf of Mexico, we have not had disas- years. Lower 48 production uses pipe- (Mr. GENE GREEN), a valuable member ters that ruined any of the beaches or estu- of our Committee on Energy and Com- lines and not tankers so the Valdez is aries in Texas, Alabama, or Louisiana. Tour- merce. not even an example they can use. ism at Texas beaches like Galveston and Mr. GENE GREEN of Texas. Mr. Mr. Speaker, the other concern I South Padre Island is a huge industry and we Speaker, I thank our ranking member have is the loss of the MTBE issue, but protect it seriously. on our subcommittee for allowing me I understand the Senate did not want I challenge opponents of offshore production to speak for 3 minutes. to take it up. So I guess the folks who to name one serious oil spill that has harmed The comprehensive energy legisla- want to sue for MTBE can go to the a Gulf beach or estuary. tion is a positive step towards a stable courthouse. MTBE actually lowered Critics like to say that this bill is projected to energy future for America, and I want our air pollution problems in my com- do little to reduce gas prices that are squeez- to thank all the Members who worked munity in Houston. It was under the ing Americans. That may be true in the short so hard in putting this together on 1990 Clean Air Act. I would just hope run, although if ANWR exploration is approved such an aggressive schedule. I espe- businesses and communities would still in the budget that will change. Ironically the cially appreciate our ranking member, continue to try to find another sub- real reason there is not enough gas price re- the gentleman from Michigan (Mr. DIN- stances that would clean up our air. lief in this bill is the opponents of the bill them- GELL), of our full Committee of Energy In conclusion, I am concerned about selves. and Commerce, and also our Chair of ensuring that we have adequate tradi- The best thing we can do to stabilize gas our subcommittee, the gentleman from tional energy sources because we have prices is produce more oil at home—we can- Virginia (Mr. BOUCHER), for their hard to rely on them for the next few dec- not wave a magic wand and lower the price of work. I congratulate the gentleman ades. I will support anything we do in Middle Eastern oil. from Texas (Mr. BARTON) on both his research to get alternatives, but we III. MTBE fairness in the committee mark-up and also need to make sure we can keep our I am also disappointed that the Senate is also in the floor action that we had. We lights on for this decade. unwilling to help clean up MTBE spills from actually made democracy work. But The comprehensive energy legislation is a leaking underground storage tanks. also I know the hard work as I watched MTBE was developed to eliminate lead in positive step towards a stable energy future a lot of conference committee on TV in gasoline, and by fulfilling the 1990 Clean Air for America. the effort to get this legislation where Act’s oxygenate requirement, MTBE has done it is today. I think it is a great I want to thank all Members who have much to reduce smog in American cities. Un- achievement. worked so hard on putting this together on fortunately, oxygenates are problematic when The folks who are opposing it, their such an aggressive schedule. This is a great they are stored in leaky tanks. biggest argument is we do not do any- achievement. MTBE producers, many of which are not thing about lowering oil prices. Well, I. ENERGY INFRASTRUCTURE huge oil companies, never would have made the easiest thing we could do is actu- The bill addresses bureaucratic roadblocks MTBE without the Clean Air Act of 1990. ally produce more domestically instead that have hamstrung the growth of our energy In a catch–22, they now face multiple law- of importing it from everywhere, but infrastructure, particularly liquefied natural gas suits for complying with federal law. As a re- they are the same folks that are oppos- terminals and pipelines. sult, U.S. industries are likely to be less willing ing any more domestic production. to make environmentally beneficial products at I am pleased that the conference committee This bill does so many good things. the direction from Congress in the future. Energy infrastructure, the bill address- has chosen to follow the blueprint of the Terry- This bill is a great first step and I support its es the bureaucratic blocks that ham- Green LNG legislation we introduced 1 year final passage. However, America’s energy pol- string the growth of our energy infra- ago. Our bill was the first to recognize that icy is not complete and it will require more structure, particularly regarding nat- LNG is international and interstate commerce, work for future Congresses. and thus subject to ultimate Federal jurisdic- ural gas terminals and pipelines. And I IV. CONCLUSION tion. am pleased the conference committee I am most concerned with ensuring we have has chosen to follow the blueprint of We need to open up 10–15 LNG terminals adequate traditional energy resources, be- the Terry-Green LNG legislation we in- in the lower 48 States in the next 5–10 years cause we will have to rely on them for the troduced last year that first recognized in order to stabilize natural gas prices, resi- next several decades. An abundant, clean en- LNG as an international and interstate dential and commercial electric prices, and ergy future is possible, but it is still many, commerce and thus subject to ultimate protect millions of manufacturing jobs. The pe- many years away. Federal jurisdiction. trochemical industry is in dire need of stable But I want to note that this bill is balanced: We need to open at least 10 to 15 liq- natural gas feedstock prices, or else the Gulf it has important energy efficiency, energy con- uefied natural gas terminals in the Coast could end up like the Rust Belt. servation, and renewable energy incentives lower 48 in the next 5 to 10 years in This conference report ensures that ‘‘not-in- and requirements. We will have more solar, order to stabilize our natural gas my-backyard’’ LNG opposition will not drive wind, biomass, geothermal, hydro, clean coal prices, both residential and commer- electric prices through the roof and drive man- energy as a result of this legislation. cial prices, and protect millions of our ufacturing jobs overseas to Asia and Europe I urge a ‘‘yes’’ vote on the conference re- manufacturing jobs. in search of affordable natural gas. port.

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00019 Fmt 0687 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 18268 CONGRESSIONAL RECORD—HOUSE July 28, 2005 Mr. MARKEY. Mr. Speaker, I yield leagues to do the same. In addition, I want to ommended by the General Accounting Office, 11⁄2 minutes to the gentleman from commend Chairman BARTON and Energy Sub- but most of these same provisions have pre- Washington (Mr. INSLEE). committee Chair HALL for their dedication and viously passed the House. I urge their support. Mr. INSLEE. Mr. Speaker, it is truly hard work in making this bill a reality. Another item I feel worthy of my colleagues’ sad that a Nation that produced the A good national energy policy needs to ad- support is a measure protecting our states’ Apollo Moon Project today will dress the issue from many aspects. It should, abilities to enact laws providing incentives for produce something with the success of I think, deal with increased supply, with con- energy production. When we are trying to en- the Hindenberg. servation, and with increased use of renew- courage energy production, we should not pit The only thing that can be guaran- able fuels. It should also deal with improve- good environmental protection against the re- teed about this bill is that it will fail. ments in the delivery systems for energy, in- tention of good jobs. My state has opted for It is guaranteed that it will fail to re- cluding the reliability of our electrical grid. This tough, expensive, new equipment standards duce our dependence on Saudi Arabian bill makes significant improvement in all of the on its coal-fired electricity plants and has cou- oil. areas, plus more. pled that with the encouragement of good pay- According to the Department of En- This bill is not perfect, but it steps our coun- ing coal jobs. This effort though is in jeopardy ergy, our dependence will rise under try in the right direction. Certainly, anyone of because the law is murky enough to make it this bill from 58 percent to 68 percent us could have written an energy bill that we subject to accusations of Commerce Clause failure. It is guaranteed to fail to deal liked, but getting it to the President’s desk is violations. Removing this cloud of uncertainty with global warming, and the reason is another story. The worst type of legislation, in will further contribute to our nation’s energy you took the money that should have my opinion, is the kind you cannot get a ma- security, environmental protection, and grow- gone to emerging high-tech industries jority to support. ing economy. that need the help, the Davids, and you Like it or not, an energy has to be about un- H.R. 6 contains a section that mirrors legis- gave 64 percent to the Goliaths of the derstanding our past legacy, solidifying our lation that I introduced clarifying that a state oil and gas industry. Guaranteed fail- present reality, and preparing for our future may provide a tax credit for in-state electricity ure. destiny. I believe this conference report production from coal technologies. It is guaranteed to fail, to send our achieves those three goals. Plenty will be said Such a credit is considered to be a reason- jobs to Japan because you took out of today about the many provisions contained in able regulation of commerce in accordance the bill the provision that would bring this conference report, I would only like to take with the Commerce Clause of the U.S. Con- these new fuel-efficient cars to be man- a brief moment to address two of them that di- stitution, further encouraging states to move ufactured in America where they rectly impact our nation’s past, present, and forward and take advantage of their respective should be. Guaranteed failure. future energy history: leaking underground resources spurring new and cleaner energy The only success that this bill will storage tanks and state energy production tax production. have is an energetic fleecing of Amer- credits. I am happy we were able to provide greater ican taxpayers. And if you can find a Regarding LUST, or the Leaking Under- protection for the Great Lakes. reason that you can take money from ground Storage Tank program, I am pleased Mr. BOUCHER. Mr. Speaker, I re- your taxpayers and give to the most that H.R. 6 contains language to help states serve the balance of my time. profitable business in America at $60 a more aggressively tackle the problems of leak- Mr. MARKEY. Mr. Speaker, I yield 4 barrel oil, good luck. I cannot explain ing fuel in their groundwater. Currently, the minutes to the gentleman from Cali- it. I do not think you will be able to ei- Federal government has collected gasoline fornia (Mr. WAXMAN). ther. taxes of over $2 billion to provide cleanup. In Mr. WAXMAN. Mr. Speaker, to Vote against this bill. reality, however, not much more than the in- Americans who are paying record The SPEAKER pro tempore (Mr. terest on yearly receipts is actually used. We prices for gasoline, do not look for any SIMPSON). The Chair would advise must reverse this trend. relief in this legislation. You would Members that the gentleman from H.R. 6 contains many new requirements think when you pay record high prices Texas (Mr. BARTON) has 51⁄2 minutes re- that I believe will make our underground tank for gasoline because of supply and de- maining. The gentleman from Virginia programs more effective and efficient and our mand that those who are receiving (Mr. BOUCHER) has 6 minutes remain- environment safer and healthier. Specifically, such high prices ought to have enough ing. The gentleman from Massachu- this conference report requires at least 80 per- money to reinvest it to develop more setts (Mr. MARKEY) has 12 minutes re- cent of all dollars appropriated from the LUST energy. maining. Trust Fund to be sent to the States for oper- Well, what are we doing here? We are Mr. BARTON of Texas. Mr. Speaker, ation leaking underground tank programs. It asking the taxpayers to give more I yield 1 minute to the gentleman from provides increases in State funding from the money to the oil, gas, coal, and nuclear Ohio (Mr. GILLMOR), one of the distin- LUST Trust Fund for States containing a larg- industries in order to produce more en- guished subcommittee chairmen of the er number of tanks or whose leaking tanks ergy domestically. For those who think Committee on Energy and Commerce. present a greater threat to groundwater. H.R. that maybe at a time when we are deal- Mr. GILLMOR. Mr. Speaker, I thank 6 also requires onsite inspections of under- ing with a supply and demand problem the gentleman for yielding me time. ground storage tanks every three (3) years that we also ought to reduce the de- I am very pleased to rise in support after a brief period for the state to update its mand, there is almost nothing in this of this bill, and I want to commend the backlog. In addition, the conference report es- legislation. gentleman from Texas (Mr. BARTON) tablishes operator-training programs, where In fact, the other body, that means for the outstanding job he did as chair- they do not already exist, institutes a specific the Senate, had a provision that would man of the conference committee. It new funding category to cleanup tank-related have called on the President to come was about the most fair and open proc- releases of oxygenated fuel additives in gaso- up with some ideas to reduce the de- ess that I have seen, and I think it has line, like MTBE, prohibits Federal facilities mand for energy and the waste of en- contributed to the success of this re- from exempting themselves from complying ergy and waste of oil particularly, just port. with all Federal, State, and local underground the President to come up with some We are long overdue for a good na- tank laws, and asks States to submit an an- ideas. Well, that was forced out of the tional energy policy. We need to in- nual inventory to the U.S. EPA detailing the bill. crease fuel supply. We need to encour- number of regulated tanks in its state and We have nothing to make auto- age conservation. We need to encour- which of those tanks are leaking. Finally, and mobiles more fuel efficient, nothing to age the use of renewable fuels, and we most importantly, this legislation allows states reduce the demand. For those who need to increase the reliability of our to stop deliveries of fuel to non-compliant reg- think perhaps we ought to look for al- electrical grid. This bill does all of that ulated tanks in order to achieve legal enforce- ternative renewable fuels, well, the and much more. ment. Senate had a provision on that issue. It Mr. Speaker, I rise in support of the con- These are all strong improvements that not was not a very strong one. That was ference report to H.R. 6 and urge all my col- only meet with the spirit, if not the letter of rec- struck from the bill.

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00020 Fmt 0687 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 28, 2005 CONGRESSIONAL RECORD—HOUSE 18269 The Republican Party has always had Mr. POMBO. Mr. Speaker, I thank bill, but instead we have missed an op- a tension between those who believe in the gentleman for yielding me time. portunity to present a comprehensive fiscal responsibility and reducing gov- While I want to start off by congratu- energy policy and filled it instead with ernment spending and those who want lating the gentleman from Texas gifts to Big Oil. We could have accom- to reward their friends. This bill re- (Chairman BARTON) and the gentleman plished things on conservation, we flects the Republican Party, and many from Michigan (Mr. DINGELL) and the could have accomplished things on re- Democrats’, support for their goal to great work that went into putting this newable sources, but we chose to give reward their friends in big business. bill together, I would say this is a good $14 billion of taxpayer money away to Then the worst part of this bill, at a bill. It is not a great bill. I think we companies to do their business plans. I time when we are fighting in the Mid- started with a great bill in the House, urge a ‘‘no’’ vote. dle East, when we are asking our young but in the spirit of compromise in Mr. BARTON of Texas. Mr. Speaker, men and women to risk their lives in working with the other body, we were I yield 1 minute to the distinguished part to protect our security from those able to come up with a good bill that is gentleman from Michigan (Mr. CAMP), who have been financed by oil imports finally going to be able to pass. a member of the Committee on Ways into the United States and around the There is a lot that we need to do to and Means. world, we are going to become even have energy independence in this coun- Mr. CAMP. Mr. Speaker, I thank the more dependent on importing more for- try and to lessen our dependence on gentleman from Texas (Mr. BARTON), eign oil. foreign energy sources. A lot of that we chairman of the Committee on Energy This legislation is more than just a did not include in this bill. Unfortu- and Commerce, for yielding me this lost opportunity; it is a bill that I do nately, ANWR is not in this bill. It in- time, and also the chairman of the not think is worthy of our support. creased domestic production. We do not Committee on Ways and Means, the Now, the bill is not as bad as it could go as far as we should have in being gentleman from California (Mr. THOM- have been, but it is not nearly as good able to streamline the process to bring AS), both of these gentlemen, for their as it should be. The American people in more alternative energy and renew- leadership on the Energy Policy Act. As a conferee to the tax title on H.R. deserve much better. They deserve a vi- able energy. A lot of that we were not 6, this bill delivers a huge win for sionary, bold energy policy that truly able to get in. But it is a good first Michigan soybean growers by securing makes our country energy inde- step. It is a way to move forward. an extension of the Federal Biodiesel pendent. And the bill is also a strike at There are a lot of things that we Tax Incentive through 2010, a program environmental protection. were able to get into this bill that over that many farmers in my district de- There was nothing more pathetic a period of time will increase domestic pend on. Biodiesel makes sense on than the colloquy a few minutes ago production. It is a great start. It is a with some of my colleagues from Flor- every level, our environment, national great way for us to begin to lessen our security, reducing dependence on for- ida who were worried about the begin- dependence on foreign oil. ning of drilling off the shore of Florida eign oil, and it is certainly better for One of the things that is frustrating farmers in Michigan. The tax incentive as we in California have worried about with all of the process is that a lot of is expected to increase demand for bio- that as well. And they asked the chair- my colleagues voted against every sin- diesel, most often made from soybeans. man of the full committee for assur- gle increase, anything that had to do And soybeans are Michigan’s fourth ances that he will continue to work with increasing energy independence in largest commodity in terms of farm in- with them if the State does not want this country. We need to continue to come, and by far the largest crop to allow the offshore oil drilling off the work on this. grown in mid-Michigan. coast of Florida as we do not want it Again, I congratulate the chairman I am also pleased that the conference done in California. And they were as- because I do believe this is a good bill. report includes legislation I have been sured that, of course, they would con- b 1215 working on that provides consumers tinue to be worked with. with a tax credit for the purchase of Mr. BOUCHER. Mr. Speaker, I con- Well, those same gentleman offered hybrid advanced technology, lean-burn tinue to reserve the balance of my amendments, and I supported them, to diesel, and alternative-fuel vehicles. time. say that we should not start down that This incentive will help reduce the Mr. MARKEY. Mr. Speaker, I yield 1 road to drilling off the coast. And then amount consumers pay at the pump, minute to the gentleman from Illinois they offered an amendment, which I lessen our dependence on traditional (Mr. EMANUEL). supported, to say, if the State does not fossil fuels, and achieve cleaner air. want drilling off the Continental Shelf, Mr. EMANUEL. Mr. Speaker, as we This bill reflects a balance between off that coast, to let the State opt out. consider this energy bill, here are a few oil and gas production and efficiency That was defeated. numbers we might want to keep in and conservation. I urge my colleagues Now what we have in that colloquy is mind: $7.4 billion. That was Exxon to vote for this important legislation. we will have people continue to work Mobil’s income in the second quarter, Mr. BOUCHER. Mr. Speaker, I am with us. an increase of 32 percent. Net profit at pleased to yield 2 minutes to the gen- Well, we have taken the step towards Shell rose 35 percent, going from $4 bil- tlewoman from Texas (Ms. JACKSON- letting the oil companies drill off the lion to $5.5 billion. BP’s second-quarter LEE). coast of our Nation. We have taken the profits soared by 29 percent, revenues Ms. JACKSON-LEE of Texas. Mr. step to open up more national lands were $5 billion. ConocoPhillips’ earn- Speaker, let me thank the gentleman that we wanted to protect to be devel- ings up 33 percent. from Virginia (Mr. BOUCHER) for yield- oped by the oil companies. In another One more number: $14.5 billion. That ing me this time and for his leadership, bill we will open up Alaska lands to is the total amount of taxpayer hand- as well as the gentleman from Texas further drilling. outs to oil and gas companies in this (Mr. HALL) of the subcommittee, but We cannot drill ourselves out of our bill, the same companies reporting let me particularly offer appreciation energy problems. We are not going to very good profit margins. With oil at to the chairman of the full committee drill ourselves out of the global cli- $60 a barrel, not $14, not $28, not $32, we and the ranking member of the full mate problems. We have got to get a are paying oil companies to execute committee for the hard work and dedi- better energy bill than the one before their business plans. So American tax- cation that they have offered, and also us. I urge Members to vote against it. payers, American consumers are being the spirit of the conference, which was Mr. BARTON of Texas. Mr. Speaker, asked to pay twice, once at the pump open and allowed the full debate on I yield 1 minute to the gentleman from and then again on April 15. what has been an enormously difficult California (Mr. POMBO), the distin- The sad truth is that this conference challenge. guished chairman of the Committee on report is a lost opportunity. There are This Congress has been swimming Resources. some very, very good provisions in the the difficult tides of negotiations in an

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00021 Fmt 0687 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 18270 CONGRESSIONAL RECORD—HOUSE July 28, 2005 effort to pass a comprehensive energy BIOENEREGY LANGUAGE ogy in order to qualify for employment in the bill for a very long time, and I believe There are authorized to be appropriated to oil and gas and mineral industries. While this today that we have that comprehensive the Secretary for integrated bioenergy re- provision did not make the cut, I am dedicated legislation. Always when we say com- search and development programs, projects, to including this provision in an appropriate prehensive, we think perfect. It is not and activities $49,000,000 for each of the fis- piece of legislation by the end of the fall ses- perfect. It is not the perfect storm. But cal years 05–09. This funding shall be used sion. it does give us a roadmap that we can for the training and education targeted to mi- Mr. MARKEY. Mr. Speaker, I yield follow. nority and social disadvantaged farmers and myself 1 minute. I happen to agree with the elimi- ranchers. Mr. Speaker, this bill is socialism at its worst. The headline makers of cap- nation of the ANWR provision and the OIL AND GAS 2 YEAR STUDY elimination of the MTBE liability pro- italism: Exxon Mobil, Chevron, and Under this provision, two years after the vision, but I do think there are enor- Texaco are reporting the biggest prof- date of the enactment of this Act, and at two- mous strides we have made in renew- its in the history of any industry in the year intervals thereafter, the Secretary of the ables. And I want to thank again the history of the United States and brag- Interior, in consultation with the heads of other gentleman from New York (Mr. BOEH- ging about it on the front pages of the appropriate Federal agencies, shall transmit to LERT) and the gentleman from Ten- newspapers of our country. They are Congress a report assessing the contents of nessee (Mr. GORDON) of the Committee bragging about it. natural gas and oil deposits at existing drilling on Science, of which I am a member. Right now, Adam Smith is spinning sites off the coasts of Texas and Louisiana. We did work on renewables. I am de- in his grave so fast that he would qual- lighted that amendments that we had, BUILDING STANDARDS ify for a subsidy in this bill as an en- and I offered, are in this legislation re- This section calls for an assessment wheth- ergy source. That is how bad this bill garding biomass for minority farmers er high performance buildings are employing is. and ranchers and the utilization of fuel voluntary consensus standards and rating sys- This bill so fundamentally violates cells that will help the research on how tems that are consistent current state of the all principles of capitalism that Exxon- we can be more energy-efficient. art technology and research and development Mobil, that Chevron-Texaco would I am delighted to note that we will be findings. High performance buildings have come to the American people’s Social working further on a 2-year study back been defined as those that effectively integrate Security System, put up an oil rig, and to Congress for those areas offshore, energy efficiency, durability, life-cycle perform- start drilling into the savings of Amer- Texas and Louisiana, where environ- ance, and occupant productivity. This study ican taxpayers, because that is who mentally safe development is going on. shall be agreed upon, in conjunction with the will subsidize all of these giveaways. Domestic development will now get a National Institute of Building Sciences, no later Mr. BARTON of Texas. Mr. Speaker, 2-year report from the Interior Depart- than 120 days after the enactment of the act. I yield myself such time as I may con- ment, which will give us a roadmap on The results of this study will provide the sume to note that although we love the how we can work. groundwork for future research, if deemed gentleman from Massachusetts (Mr. Mr. Speaker, this legislation also necessary and useful, as well as rec- MARKEY) and his visuals, it is like the contains building standards to ensure ommendations on new performance stand- ‘‘I Love Lucy’’ reruns. We have seen that more of our buildings are environ- ards. This standard is important because it fo- them before. mentally safe or energy-efficient. So cuses building-related standards directly and Mr. Speaker, I yield 1 minute to the we have to have conservation as well as the building industry indirectly on the concept gentleman from Mississippi (Mr. PICK- domestic development. As I indicated, of whole buildings or high performance build- ERING), the vice chairman of the com- we have some challenges in this legis- ings. The goal is to take the knowledge we mittee. lation, but I do believe we have an ef- have accumulated through years of Federal Mr. PICKERING. Mr. Speaker, I rise fective roadmap. research and development and make sure that today in support of this legislation. It We also have some aspirations, and I it is reflected in a comprehensive set of stand- is a good step forward to increase our look forward to working on developing ards that represent best practices and current energy supplies, diversify our energy a program to add geologists that can knowledge. For instance, if we are building supplies, provide cleaner air, help our help us find good, safe energy re- low income housing, we hope the builder farmers, and strengthen our economy. I first want to commend the chair- sources, and I would hope my col- would take into consideration safety of the in- man of the committee, the gentleman leagues would vote ‘‘aye’’ for this very habitants and how construction decisions will from Texas (Mr. BARTON), who has done good roadmap for America. affect the tenants’ monthly costs. If for a little a tremendous job of leading us to a Mr. Speaker, let me first say thank you to higher construction cost, it is possible to cut great accomplishment, along with the Energy and Commerce Chairman Mr. BARTON, monthly energy bills in half, then we have a ranking member, the gentleman from and Ranking Minority Member Mr. DINGELL for winner. there hard and dedicated work on this impor- Michigan (Mr. DINGELL). It is an honor tant conference report. For several Con- SECONDARY ELECTRIC VEHICLE BATTERY USE PROGRAM to serve on the committee where we gresses now, we have been swimming the dif- The act establishes a research, develop- have had an open process, a bipartisan ficult tides of negations in an effort to pass a ment, and demonstration program for the fea- process, to reach an agreement to move comprehensive energy bill that would be bene- sibility of using batteries in secondary applica- our country forward. ficial to all Americans. I would like to thank as tions, including utility and commercial power It is a bill that will give us clean well Mr. BOUCHER, Mr. RALPH HALL, Mr. BOEH- storage and power quality. The study will coal, nuclear, new technologies for the LERT, and Mr. BART GORDON. evaluate the performance, life cycle costs, and future, fuel cell, hybrid, as well as in- While this report may not be perfect, it at supporting infrastructure necessary to imple- creasing the production of our tradi- least provides for no drilling and development ment this technology. This is a good provision tional fuels. It is a well-balanced bill, of the Arctic National Wildlife Refuge, ANWR. environmentally. If hybrids and other electric it is a well-crafted bill, and I am proud In addition, the report has no MTBE liability vehicles take off we are going to have a prob- to support it and urge all the Members clause. Despite this fact, I think it is important lem of what to do with all the batteries. This to support. to work towards providing some protection for provision funded a series of research projects And to my friend, the gentleman the States, and I look forward to working with to look for uses for these batteries which are from Massachusetts (Mr. MARKEY), he Mr. BARTON and Mr. DINGELL in this effort. Fur- likely to outlast the vehicles, in utility applica- has been a happy warrior. It is good to ther, under the report, there are no EPA re- tions and elsewhere. know that in that bastion of cap- strictions with respect to the Clean Air Act. In In closing let me note that I also sought to italism, Boston, that we do have a pro- addition, EPA can still regulate diesel fuel and include a provision that was not included in ponent for Adam Smith. certain Enron contracts will now be governed the report. This provision would have required Mr. Speaker, my very strong support by FERC. the Secretary of Energy to establish a pro- of this bill. Let me also note that I was able to obtain gram to encourage minority students to study Mr. BOUCHER. Mr. Speaker, I too re- the following provisions in the report: the earth sciences and enter the field of geol- serve the balance of my time.

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00022 Fmt 0687 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 28, 2005 CONGRESSIONAL RECORD—HOUSE 18271 Mr. MARKEY. Mr. Speaker, I yield 1 There was no objection. natural gas facility, from being built in minute to the gentleman from New Mr. BARTON of Texas. Mr. Speaker, the middle of a densely populated area. York (Mr. HINCHEY). I yield 30 seconds to the gentleman This photograph shows Boston. This is Mr. HINCHEY. Mr. Speaker, this is a from Alabama (Mr. BONNER). my district. This is where one of the fa- troubling moment. If we were in the Mr. BONNER. Mr. Speaker, knowing cilities has already been built, but it military, I think that we might be that time is precious and that our col- was built with permission. charged with dereliction of duty. The leagues from Florida have already en- Now post-9/11 with terrorists tar- most important security issue that gaged the gentleman from California, I geting sites with the highest potential this Nation has to deal with is the would like to raise this question in a harm to Americans, this bill blocks issue of energy, doing things to de- colloquy. Governors, police, and fire departments crease our dependence on foreign en- Mr. Speaker, as these discussions from blocking facilities from going ergy, particularly foreign oil. We are continue toward a plan that could af- into densely populated areas. But the now importing about 60 percent of the fect future oil and gas leasing in the bill also allows the Pentagon, Sec- oil that we use on a daily, monthly, Gulf of Mexico, can the gentleman as- retary Rumsfeld, to protect against and annual basis. This bill does little sure the delegations from all the one of these being built next to a mili- to deal with that problem. States that border the Gulf of Mexico tary facility. Imagine that, the Repub- Instead, what it does do is it gifts the that any proposed plan would equitably licans will protect the Pentagon but oil industry with enormous amounts of and fairly consider the interests of not civilians in densely populated areas tax concessions and tax breaks. The oil those States? from an LNG catastrophe which could industry, of course, is now suffering Mr. POMBO. Mr. Speaker, will the maim or kill tens of thousands of peo- from a very serious problem: They have gentleman yield? ple. more cash on hand than they know Mr. BONNER. I yield to the gen- Mr. BOUCHER. Mr. Speaker, I re- what to do with. They do not know tleman from California. serve the balance of my time. what to do with all the money coming Mr. POMBO. Mr. Speaker, I pledge to The SPEAKER pro tempore (Mr. in from these high gasoline prices, high the gentleman that as we move forward SIMPSON). The gentleman from Massa- heating prices, and yet now we are with a long-term solution, that the in- chusetts (Mr. MARKEY) has 4 minutes going to dump a whole bunch more terests of all the States bordering the remaining. money on them. Gulf will be protected, and the gen- Mr. MARKEY. Mr. Speaker, I yield We should be doing something that tleman will be part of those discus- myself the balance of my time. looks forward. If this bill were before sions. Mr. Speaker, this bill is packed with the Congress in 1955, some people Mr. BONNER. Reclaiming my time, royalty relief for big oil and gas com- might say it was a forward-looking Mr. Speaker, one final question. Can panies, tax breaks for big oil and gas bill. But in 2005, it does nothing but the gentleman also ensure that the companies, loan guarantees for the look backward and does nothing to wealthiest energy companies in Amer- help our energy dependence and overall Governors and appropriate officials from those States will be included in ica, even as they are reporting the energy situation. I hope we defeat it. largest quarterly profits of any cor- Mr. BARTON of Texas. Mr. Speaker, those discussions? porations in the history of the United I yield myself such time as I may con- Mr. POMBO. If the gentleman will continue to yield, the answer is yes. States. sume to make a request of the gen- It is politically and morally wrong AR- Mr. BONNER. Mr. Speaker, I thank tleman from Massachusetts (Mr. M for the United States Congress to come KEY). Could the gentleman yield me 1 the gentleman. to this floor to pass legislation which minute of his time, if possible; or do Mr. BOUCHER. Mr. Speaker, I con- will take money from the American you have your speakers all utilized? tinue to reserve the balance of my taxpayers to hand over to the corpora- Mr. MARKEY. Well, I have three time. tions who are now charging $2.30, $2.40, more speakers. Could the Chair tell me Mr. MARKEY. Mr. Speaker, I reserve $2.60 at the pump to American con- how much time is left on both sides? the balance of my time. The SPEAKER pro tempore (Mr. Mr. BARTON of Texas. Mr. Speaker, sumers and reporting the largest prof- its in history. If they need to do new SIMPSON). The gentleman from Texas I yield 30 seconds to the gentlewoman research, they have the money in their (Mr. BARTON) has 11⁄2 minutes remain- from Tennessee (Mrs. BLACKBURN), a ing, the gentleman from Virginia (Mr. member of the committee. own pockets. That is capitalism. If they want to do new drilling out in BOUCHER) has 4 minutes remaining, and Mrs. BLACKBURN. Mr. Speaker, I the gentleman from Massachusetts want to thank our committee chair- ultradeep areas of the oceans, they have the profits to do that. (Mr. MARKEY) has 5 minutes remaining. man for the excellent work. In my dis- Mr. MARKEY. Mr. Speaker, the pro- trict in Tennessee, our farmers are The American taxpayer should not be ponents of the bill still have more time pleased that we are bringing this con- funding that drilling because, as Amer- left than the opponents of the bill, and ference report to the floor. They under- ican consumers, they are already pay- the time was divided 40 minutes to 20 stand affordable fuels, and they are ing for that drilling. The oil companies minutes. So what we have been trying looking forward to working alternative are saying publicly that they are mak- to do, honestly, is just to harness our fuels. Our small business community is ing so much money they do not know smaller number of minutes. excited about available energy. what to do with all of the profits. But Mr. BARTON of Texas. Mr. Speaker, Most importantly, Mr. Speaker, I even as they say that publicly, they I ask unanimous consent that the time think this sends a message that Amer- are coming here to the House floor, I control, which I believe is 11⁄2 min- ica, this Nation, this Congress, is seri- they are saying to the Members, we utes, have an additional 1 minute ous about a comprehensive plan and is want to erect huge oil drills on top of added to that. ready and willing to address the future the Social Security trust fund and drill The SPEAKER pro tempore. One needs of this Nation’s energy supply. $80 billion of subsidies out of American minute to each side? taxpayers’ pockets and hand it over to Mr. BARTON of Texas. Well, no. I b 1230 the oil, the gas, the coal, the nuclear need 1 more minute from somewhere, Mr. MARKEY. Mr. Speaker, I yield industries that are reporting the larg- Mr. Speaker. So if we cannot get it myself 1 minute. est profits in history. from the other side, I just ask unani- Mr. Speaker, in this bill there are so It is a moral and political failure be- mous consent to add 1 minute to the many preposterous provisions, it is im- cause it is what is not in this bill that time I control. possible to list them all. But amongst is the important energy agenda for our The SPEAKER pro tempore. Without them is a provision which after 35 country. Our country puts 70 percent of objection, the gentleman from Texas years strips Governors and mayors of all of the oil that we consume in gaso- has 1 additional minute. an ability to block an LNG, a liquefied line tanks. We only have 3 percent of

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00023 Fmt 0687 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 18272 CONGRESSIONAL RECORD—HOUSE July 28, 2005 the oil reserves in the world. OPEC has conducted the business of the con- solid and a good beginning to devel- 70 percent. That is our weakness. Our ference in the House. oping an energy strategy for the 21st strength is that we are the techno- My colleagues will remember I voted century. It is the best that can be con- logical giant of the world. against the measure in April. It was structed at this time. It has been done There is nothing in this bill about my view at that time that it hurt con- by honorable leadership of our chair- improving the fuel economy standards sumers, taxpayers, and the environ- man and members of the conference for SUVs and automobiles. There is ment. Consumer protections in elec- who worked so hard. I urge my col- nothing in this bill that will mandate tricity and natural gas markets now, leagues to support this legislation. that electric utilities increase their however, will be strengthened, and tax- Mr. BARTON of Texas. Mr. Speaker, use of renewable energy so we can payers will no longer be on the hook I yield myself the balance of my time. break our dependence upon these for MTBE cleanups, and the environ- Mr. Speaker, I call the body’s atten- sources of energy that weaken our for- mental risk has been reduced. Environ- tion to the quote above the podium eign policy by getting us deeper into mental laws have been protected, and from Daniel Webster that starts off: the Middle East, emitting more pollut- it is a much better piece of legislation. ‘‘Let us develop the resources of our ants which cause more asthma, more I repeat, the conference was kept as land.’’ That is what this bill is all breast cancer, more prostate cancer as open as it could be because of the lead- about. the environment alters genes to in- ership of my friend and colleague, the I do not recognize the bill that my crease disease in our society. None of chairman of the committee. Again, I friend from Massachusetts just talked that is addressed in this bill in 2005. repeat thanks for the outstanding work about. I think America is a land of If we could roll back the clock to of the conferees and the staff. hope and opportunity. We are a land of 1905, this would be a very good bill. It What does this bill do? First of all, it can-do and optimism. America is not a would be about oil, gas and coal. It is is a much more balanced and collective land of fear. It is not a land where we 2005, however. We should be talking piece of legislation than that before. It want the government to tell us what to about the new agenda, the new tech- may even be better than either the do and how to make choices. Our country is built on the premise nology agenda for our country. This Senate or the House bill in almost all that men and women, given the proper bill is a political and a moral and a of the particulars. It begins to set forth information, can make intelligent technological failure. a comprehensive and balanced ap- choices about what is best for them. In addition to draining revenues out proach to the development and the use This bill before us is based on that of the taxpayers’ pockets to subsidize of energy resources. And rather than principle. We have strong environ- the wealthiest industries, we ignore important industries being encumbered mental protection. We have strong pro- the technologies which could break our with costly mandates, carrying unfor- tections against those that misuse the dependence on imported oil and could tunate economic effects, it lets things authorities, but this bill is based on send a signal to OPEC which would work in the way that will achieve the the premise that we believe in private drive down the price of oil which would purposes of this Congress. free market capitalism to develop the help our country’s national security. I It is major progress in establishing resources of this land in a cost-effi- reliability of the electric grid, incre- urge a ‘‘no’’ vote on this historic fail- cient fashion which benefits all of mental progress in efficiency standards ure. America. All of America. Mr. BOUCHER. Mr. Speaker, I yield on developing renewable energy And there are numerous provisions in the balance of my time to the gen- sources, and potentially very signifi- this bill to give incentives to renew- tleman from Michigan (Mr. DINGELL), cant progress for clean coal tech- able and clean energy resources. There the distinguished ranking member on nologies and significant progress for are numerous provisions in this bill to the Committee on Energy and Com- energy research and development pro- increase the efficient use of those re- merce. grams, including research in very deep sources. But, yes, there are provisions Mr. DINGELL. Mr. Speaker, I rise in water, something about which there in this bill that say it is okay to use support of the conference report. I has been some unjustified criticism clean coal; it is okay to build a new nu- begin by commending my colleagues, raised lately. clear power plant in this country if we all of them, for the work they did. I Some of my colleagues will be calling do it in the proper way with the proper want to pay particular tribute to the this a missed opportunity. My auto- permits and the proper inspections. staff which worked long and hard and worker constituents will be glad that And, yes, it is okay to build new LNG did a superb job, and that is the staff we missed an opportunity to impose facilities to bring more natural gas on both sides of the aisle and at both harsh fuel efficiency requirements on into our great Nation if we need it and ends of this building: Senate, House, home-grown auto manufacturers. They if it is done with the proper consulta- Republicans and Democrats. I want to already make many models that are tion with State, local, and Federal pay particular tribute to my friends very fuel efficient that American con- agencies. who served as conferees, all of them, sumers can buy right now. This is a very, very good bill. It is for whether they signed the conference re- Others of my colleagues will cite sub- America’s future. Please vote ‘‘yes’’ for port or not. sidies for traditional energy industries, this bipartisan, bicameral, for-America I want to pay particular tribute to and sometimes on this matter they are bill. the gentleman from Texas (Chairman right. I tried, but failed, to reduce Mr. HASTERT. Mr. Speaker, today I rise in BARTON) for his outstanding leadership many of these. But we need to encour- strong support of the Domenici-Barton Energy and for the fair and decent way in age development of multiple domestic Policy Act. which he conducted the business of the sources of energy, and many of the sub- I want to congratulate the House Conferees conference. And I want to pay tribute sidies in this bill will help us develop and thank them all for their hard work. I would to Senators DOMENICI and BINGAMAN those sources; and I would remind my like to especially recognize the efforts of the who did such an outstanding job in colleagues that Congress has not infre- Chairman of the Conference, Mr. BARTON and making it possible for us to have the quently, indeed, many times in our his- the Dean of the House, Mr. DINGELL. kind of negotiations which brought us tory, provided economic incentives for Working together with their Senate counter- here. the economic development of this parts, the House Conferees did what many I would observe that the gentleman country. We are a richer, better, said was impossible: complete the most com- from Texas (Mr. BARTON) ran the con- stronger, and happier country for that prehensive energy legislation in a generation ference the way it used to be run, in an reason. in less than one month. open, decent, and fair fashion; and I ex- Are we overpaying some particulars? Mr. Speaker, completing this job was impor- press to him my thanks for the way in Probably. Would this be the bill I tant for our Nation. Americans have waited too which he conducted himself and the would have drawn had I begun with it? long for this legislation to get finished. Ameri- honorable and fine way in which he No. It is not a perfect bill, but it is a cans need this legislation to lower their energy

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00024 Fmt 0687 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 28, 2005 CONGRESSIONAL RECORD—HOUSE 18273 costs, to drive economic growth and job cre- islation. But I believe it’s enough to say that OCS—a first step towards reversing the two ation and to promote greater energy independ- we should support this bill and send it to the decade moratorium that prohibits oil and gas ence. President because it’s the right thing for the drilling on the Outer Continental Shelf. Mr. Speaker, this bill is important to the Na- American people. They should expect to have This bill also fails to protect American con- tion for a number of reasons. an affordable, reliable, efficient, and environ- sumers. I am frustrated that an amendment I First, this bill addresses the burden that mentally sound supply of energy and this bill offered with Representative NANCY JOHNSON higher gasoline prices place on American con- assures that they will. to ensure that consumers receive accurate in- sumers by reducing our dependency on for- Again, let me congratulate Mr. BARTON and formation regarding the fuel efficiency of auto- eign oil. all the House Conferees and urge my col- mobiles was gutted because it was character- This legislation encourages domestic pro- leagues to support this historic legislation. ized as an attempt to change CAFE´ stand- duction of oil by streamlining the permit proc- Mr. HOLT. Mr. Speaker, I rise in opposition ards. This is a consumer protection issue and ess for new wells. It also promotes greater re- to the energy legislation that we are debating not an attack on the automobile industry that fining capacity so more gasoline will be on the on the House floor today. As an energy sci- vigorously opposed our legislation. Americans market; and it increases gasoline supply by entist who spent nearly a decade working at do care how efficient their car is, and it is a putting an end to the proliferation of boutique one of the Nation’s premiere alternative en- failure of our government that we cannot pro- fuels. ergy research labs I understand the complex vide consumers that walk into a showroom to In addition, this bill helps us reduce our de- and challenging nature of moving toward sus- pick out a new car with a sticker in the window pendence on foreign oil by unleashing the tainable energy sources. Having served in this that reflects accurate information on the car’s power of the American farmer. body for more than 6 years, I understand the city and highway gas mileage. This legislation includes a historic Renew- difficulties in balancing competing interests to Before I conclude my remarks I would like able Fuel Standard, which will result in the obtain a policy that benefits the Nation. Unfor- to recognize that there are some good points doubling of the use of clean-burning and re- tunately, this bill does not strike a balance that in this bill. For example, the bill provides con- newable ethanol. The production and use of provides a productive and clear vision that will tinuing support for the highly successful En- 7.5 billion gallons of ethanol by 2012 will dis- lead this Nation towards energy independ- ergy Star program at the Environmental Pro- place over 2 billion barrels of crude oil. Amer- tection Agency and the Department of Energy, ica has a strategic reserve of motor fuels in ence. The Energy Policy Act does not provide any which promotes energy efficiency in buildings the cornfields of Illinois, the fields of rice in solutions to reaching energy independence or and products. The bill also authorizes annual California, and the cane fields of Florida and reducing our destruction of the world the next 10 percent increases in research on energy its time we tap it. efficiency and renewable energy. Additionally, This legislation also helps alleviate the hid- generation will inherit. This legislation provides subsidies to industries that produce environ- it includes a few creative ways to reduce the den tax on American consumers, farmers, consumption of energy, such as Representa- small businesses and manufacturers that mentally damaging and finite energy sources instead of investing in research that would tive MARKEY’s provision to extend daylight sav- comes in the form of higher natural gas prices. ings time by one month. Increased natural gas prices have had an ad- allow our children to be the first generation to realize a nation that is powered largely by re- We need a responsible and sustainable ap- verse impact on the American economy for proach to addressing our Nation’s energy newable energy sources. It is a bill that is de- too long. Several provisions in H.R. 6, includ- needs. On behalf of the residents of the 12th signed to meet the needs of special interests ing the streamlining of the LNG infrastructure District, I pledge to continue to work toward instead of demanding higher standards for permitting process and the inventory of Amer- the development of a balanced, comprehen- ica’s off-shore resources, are significant steps corporate America. Instead of investing in cleaner, long term so- sive energy plan—one that finds environ- toward ensuring that our Nation has an ade- mentally friendly, sustainable ways to de- lutions, this bill brushes aside our Nation’s fu- quate and affordable supply of natural gas. crease our dependence on foreign oil and ture energy needs in order to provide billions Additionally, this bill provides incentives for slow the degradation of our planet. the development of clean energy technologies. of taxpayer dollars to the oil, gas and other Mr. SHAW. Mr. Speaker, I rise today to ex- Included in this legislation are tax credits and traditional energy industries to promote short- press my concerns about the conference re- funds for the promotion and development of term, polluting energy sources. These tax in- port to the Energy Policy Act of 2005. I believe clean coal technologies. There are important centives should not be going to industries that that the passage of the conference report for incentives for the construction of new nuclear are thriving, but should be used to invest in H.R. 6 is a momentous event. This conference power plants, including the President’s pro- our future by increasing research funding for report is a culmination of many years of hard posal for risk insurance to protect against the alternative energy sources such as wind en- work and negotiating on both sides of the aisle difficult and lengthy regulatory process of ergy, fuel cells and fusion. and in both Chambers of Congress. Our coun- building a nuclear plant. And, this bill con- The domination of special interests means try is finally adopting a national energy policy, tinues our Nation’s commitment to producing much more than wealthy industries receiving an action that is long, long overdue. electricity through the use of solar, geothermal tax breaks that will make them even richer. It The conference report for H.R. 6 includes and wind power. means that more of our children will suffer numerous important measures to promote the Another important component of this legisla- from asthma because we did not demand use of clean and renewable fuels and emerg- tion enhances our electricity transmission in- stricter regulations on polluters. It means that ing energy technologies, improves the delivery frastructure so it can meet the needs of our children across this Nation will drink contami- and reliability of electricity transmission, re- growing economy and help reduce the poten- nated water because we chose to insulate an quires energy conservation and mandates effi- tial for future blackouts. This bill requires the industry from being held accountable for their ciency standards. adoption of strict transmission reliability stand- negligent actions. It means that our children With all of these great provisions in H.R. 6, ards and provides incentives for building addi- will not have the opportunity to take their chil- I am disappointed that the conference report tional transmission capacity. This bill also in- dren to view the natural treasures that inspired includes a provision to conduct an inventory of cludes measures to update our Nation’s elec- them in their youth because we needed to all oil and gas resources beneath all waters of tricity laws which will attract much-needed open up these lands to allow oil and gas com- the Outer Continental Shelf. I have constantly capital to this vital sector of our economy. panies to expand their operations. fought to protect Florida’s coast from offshore However, this bill is not just about the cre- We will never drill our way to independence oil drilling. I have joined my colleagues in the ation of energy, it also contains several impor- domestically, yet we have an energy bill that Florida delegation, Republicans and Demo- tant provisions which will help conserve en- is stuck in the past that yet again seeks to drill crats, in defeating numerous attempts to ergy as well. This bill establishes new manda- a little deeper, in more places. This legislation weaken the drilling moratorium on the OCS. tory efficiency standards for federal buildings. includes a permanent authorization of an oil To Floridians, an inventory of oil resources And, it sets new standards and requires prod- and gas leasing program in the National Pe- means drilling. To Floridians, there are too uct labeling for battery chargers, commercial troleum Reserve—Alaska without preserving many uncertainties of the impact that seismic refrigerators, freezers and other household any key wilderness and cultural areas in this testing will have on sensitive ecosystems and products. 23 million acre region. Further, this bill author- marine life. To Floridians, anything but a full Mr. Speaker, I could go on and on about all izes an inventory of the oil and gas resources and permanent moratorium of drilling off our the positive and important elements in this leg- underneath the Outer Continental Shelf, shores means doom.

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00025 Fmt 0687 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 18274 CONGRESSIONAL RECORD—HOUSE July 28, 2005 I support identifying alternative domestic 33 for cars back in the early 1990s, we could vania will generate seven supporting jobs such sources of energy. In our uncertain world, the have displaced all the oil we imported from as barge operators and train engineers. United States must look closer to home for its OPEC today. This bill is shamefully silent on An additional $2 billion included in the En- energy needs. However, the shores of Florida that issue. ergy Policy Act encourages the use of new are too close to home. Florida is a unique ec- Mr. Speaker, this bill is deficient and heads equipment to better clean the air and higher- ological gem in our country and the world, and our country in the wrong direction. It rushes us efficiency power generation machinery, mak- cannot be tampered with. It is also important closer to the day oil shortages occur and sets ing the use of coal more environmentally to note that Florida’s leading industry is tour- us backward on our ability to address it. friendly. This will lead to increased jobs for vir- ism. If inventorying would lead to drilling, it As a nation, we are blessed with a land of tually every industry in the region. would inevitably lead to a downturn in tourism immense beauty and natural wealth and a Pennsylvania is already at the center of the to Florida. people of great ingenuity and resourcefulness country’s coal production thanks to the hard- While I support the vast majority of H.R. 6, capable of overcoming vast challenges and est-working, most dedicated workers in the I must stand with my colleagues from Florida obstacles. It is unfortunate that so much of world. Clean coal technology will allow the re- in voting against final passage. I remain com- this legislation has the effect of exploiting the gion to prosper and meet America’s energy mitted to working with Chairman BARTON, former and reflects such little faith in the latter. needs for years to come. Ranking Member DINGELL and my Florida col- I urge my colleagues to reject this bill. The bill also boosts production of clean nat- leagues in a bipartisan manner as we move Mr. MURPHY. Mr. Speaker, I rise today in ural gas to help alleviate soaring prices for the forward, to ensure that the OCS drilling mora- strong support of the Energy Policy Act of environmentally friendly fuel. Specifically, the torium continues to protect Florida. 2005 and thank Chairman JOE BARTON and bill breaks the bureaucratic logjam that has Mr. MORAN of Virginia. Mr. Speaker, I rise my colleagues for their hard work on this stymied work on approximately 40 liquefied in opposition to this legislation. much needed legislation. The war on terror natural gas facilities nationwide. I applaud the work of the conferees and has renewed our interest as a nation in reduc- Nuclear power is a vital part of the energy their willingness to find compromise and drop ing our dependence on energy imports and in mix in this country and in our State. The En- the most controversial and anti-environmental diversifying our domestic energy sector. ergy Policy Act of 2005 will encourage this provisions, particularly the authorization to drill Through the Energy Policy Act of 2005, we clean-burning energy source by promoting the in the Arctic National Wildlife Refuge and the can do just that through increased utilization of construction of new nuclear reactors. Building liability exemption for the petroleum industry to our coal supply; of nuclear energy; of renew- a nuclear reactor creates between 2,000 and finance the clean up of drinking water con- able fuels such as hydrogen and of increased 3,000 jobs. Running a nuclear reactor creates taminated with MTBE. energy efficiency and conservation. an estimated 1,500 jobs. These are highly I think some of the electricity and utility pro- In southwest Pennsylvania, no matter what trained trade or professional positions that pay visions are more balanced and appropriate. we do or where we go, we depend on coal. well. But, I am still disappointed that this bill falls Our computers, the companies we work for, The bill provides $2.7 billion for nuclear en- far short of what this institution and our nation our homes and schools, are powered by coal. ergy research and infrastructure support, in- must undertake to remove our dependency on The stigma on the burning of coal has always cluding development of safe uses for spent oil and fossil fuels. You would think that in the been its air emissions, but now major develop- nuclear fuel and advanced reactor designs, two years since we last attempted to pass en- ments in clean coal technology will expand the support for university nuclear science and en- ergy legislation, we would have a different bill. benefits of coal in environmentally friendly gineering programs and establishment of a World oil supplies have tightened, the price of ways. Establishing a comprehensive national program dedicated to increasing the safety oil has shot up to over $60 a barrel, and many energy policy which includes clean coal tech- and security of nuclear power plants. Westing- of our foreign sources of oil, the Middle East, nology is the first step in accomplishing this house here in Pittsburgh is a major developer in particular, but Africa and Venezuela as well, task. of nuclear technology, and our universities are have grown even less stable. There is more than 250 years worth of coal active in this area. What we are considering today is an im- energy in the ground of southwestern Pennsyl- To meet rising energy demands in the fu- provement over what the House passed ear- vania. It generates more than 55 percent of ture, we need continued advances in energy lier this year, but absent the two controversial Pennsylvania’s electricity and more than half efficiency and conservation—helping to reduce provisions I mentioned it’s still practically the of the nation’s. Coal is America’s most abun- our demand on foreign supply and stimulating same bill from last Congress. It even has the dant energy resource, but to take full advan- economic growth. Included in the Energy Pol- same bill number, H.R. 6, as last time, as if it tage of it we need to reduce emissions. Many icy Act are provisions that will save Pennsyl- were photocopied with complete indifference plants have turned towards the use of natural vania consumers and businesses money to the disturbing news and international devel- gas, which in turn has led to less supply, tri- spent on energy, so they can invest, spend opments that have recently come to pass. pling the price in the past decade. The in- and grow the economy and improve our We are an oil-based economy, with about creases in natural gas prices has cost 90,000 standard of living. 60 percent of our oil imported from abroad. jobs in the chemical industry alone and con- These include a package of energy effi- While coal, uranium and some renewable tributed to three million manufacturing job ciency, renewable energy and state energy sources such as wind and hydro comprise a losses. measure that are key steps forward toward majority of the fuel used to generate elec- The Energy Policy Act allows for more than enhancing our natural economic drive to use tricity, most of our economy is dependent or $250 million per year for the Department of existing energy supplies more efficiently. exclusively reliant on oil, from fertilizers for ag- Energy’s fossil program for existing and new The bill authorizes more than $2 billion for riculture, plastics for manufacturing to gasoline coal-based research and development. It calls a hydrogen fuel-cell program with a goal of and diesel for transportation. for a national center for clean power and en- launching hydrogen fuel-cell cars into the mar- Mr. Speaker, we need a crash course in de- ergy research as well as coal mining research ketplace by 2020. Hydrogen fuel cells for sta- veloping cleaner alternative sources of energy efforts to reduce contaminants in mined coal. tionary source use are being developed right and a Herculean effort to reduce our present Research is to be focused on innovations at here in Pittsburgh. level of oil consumption. Nowhere are we de- existing plants, new advanced gasification and Financial incentives in the bill will spur re- manding greater fuel efficiency in our vehicles. combined cycle plants, advanced combustion newable energy companies to produce elec- This conference agreement actually extends a systems and turbines as well as fuel-related tricity from renewable and alternative fuels loophole that allows automobile manufacturers research. such as wind, solar, biomass and waste coal. an exemption from today’s weaker fuel effi- There is $1.8 billion included for the devel- Funding is provided for energy efficiency pro- ciency requirements for vehicles that use eth- opment of new clean coal technologies to in- grams for public buildings, including schools anol. During the next 10 years, this loophole crease the demand for coal and create 62,000 and hospitals, and increased fuel efficiency re- alone is estimated to increase our oil con- jobs across the country, from building new quirements for federal vehicles. sumption by 15 billion gallons of gasoline. Had plants to mining coal. This includes 10,000 The Energy Policy Act expands the Energy we improved vehicle fuel efficiency through high-paying research jobs in the fields of Star program, a government-industry partner- higher Corporate Average Fuel Efficiency, math, engineering, physics, and science. Each ship for promoting energy-efficient products; CAFE, standards, 27 miles for light trucks and job in the coal industry created in Pennsyl- establishes new energy efficiency standards

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00026 Fmt 0687 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 28, 2005 CONGRESSIONAL RECORD—HOUSE 18275 for many new commercial and consumer prod- At a time when America needs energy vi- believe in the American worker’s ‘‘can do’’ in- ucts that use large amount of energy—pro- sion, Republicans have given us their philos- genuity anymore. viding sufficient savings on monthly energy ophy: leave no special interest behind. Instead of diversifying the portfolio of the costs; and dramatically increases funding for Big Oil—step right up and fill the tank with energy resources we depend on to power our the Low Income Housing Assistance Program, the hard earned money of America’s middle nation, a Senate provision that would have re- low-income weatherization programs, and class. quired electric utilities to generate 10 percent state energy programs to improve energy effi- Big Coal—step right up and pardon that of its electricity from renewable sources was ciency. coughing in the background; it’s only Ameri- dropped during conference. A handful of The Energy Policy Act of 2005 recognizes cans choking from new pollution spewing into States, including my home State of Wisconsin, that renewable fuels can be made from a vari- the atmosphere. have adopted similar targets and have had ety of materials, including the animal fats and This legislation does not address the eco- tremendous success. The use of renewables other biomass materials collected by ren- nomic peril Americans face every time they fill in these States has significantly increased derers. Renderers collect and process mate- up at the pump, but it will give over $14 bil- while their benefits and popularity among con- rials generated from the livestock industry, as lions in tax breaks and subsidies to big Re- sumers have proved the initial ‘‘doomsday’’ well as used cooking oils from restaurants. publican donors. predictions by electric utilities wrong. Rendering is environmentally beneficial be- This energy legislation represents thinking Rather than make Herculean efforts to bring cause the reuse of these materials prevents as old as the dinosaurs, and just as extinct. renewable technologies to the market and ex- pollution of surface and ground waters that America needs an energy vision and a com- pand their use, the bill provides oil and gas might result from their improper disposal or mitment to the rapid development of sustain- companies billions of dollars to subsidize their management. Rendered materials are now able, renewable, energy resources. exploration and production efforts. To me, used to make detergents, fabric softeners, The opportunities and technologies exist these taxpayer subsidies do not make much perfumes, cosmetics, candles, lubricants, today to start us on a road to energy freedom sense when the oil industry already expects to paints, plastics and biodiesel. and independence. But we are not going to have 40 percent higher profits this year, with Moreover, these materials can create re- get there with a bill that encourages predatory Exxon Mobil, BP, and Royal Dutch/Shell ex- newable-based fuels and feedstocks that in dinosaurs like Big Oil to roam the earth and pecting to post a combined profit of more than turn reduce the amount of fossil fuel material destroy everything and everyone in their path. $60 billion. needed to produce a gallon of motor vehicle I urge my colleagues to vote against an en- Despite the many misplaced priorities in this fuel. For example, animal fats and other bio- ergy legislation that was written as if we lived bill, I was pleased a number of provisions mass materials can be introduced as renew- in 2005—B.C.’’ were included in this conference report that able fuel feedstocks into the refinery proc- Ms. BALDWIN. Mr. Speaker, I rise in oppo- will benefit our Nation as well as Wisconsin. esses, solely or in combination with other con- sition to the energy bill on the floor today. As For example, conferees made the wise deci- ventional fossil fuel derived components, in our dependence on foreign oil increases, this sion to expand our use of renewable fuels, order to produce renewable fuels. This proc- plan fails to directly confront our nation’s fu- such as ethanol, by 7.5 million gallons over 10 ess will yield renewable fuel or renewable fuel ture energy challenges. It provides a false years. This is good for the environment, good blending components commensurate with the sense of security to the American people that for our Nation’s energy future, and good for percentage of renewable material introduced this Congress is serious about addressing our America’s farmers. We could have done much to the process. future energy needs and the skyrocketing cost more, but this is an important step in the right of oil. In establishing the renewable fuel provisions direction. Some of my colleagues have lauded this I believe now is the time to make substantial of the Energy Policy Act of 2005, Congress bill, saying that it is the most comprehensive investments in improving technologies that has intended that these provisions allow the energy bill to be brought to the House floor in generate more electricity from fewer resources broadest use of renewable materials to 30 to 40 years. While the bill may be wide- and developing alternatives that won’t pollute produce fuels and renewable fuel blending ranging, it provides no solutions, no tools, and our environment. We must start today to en- components in order that we might reduce our no blueprint for reducing our demand for for- sure our Nation’s energy security in the future. use of virgin oil, increase our fuel diversity and eign oil or for giving families and small busi- I also strongly support the electricity reli- decrease our dependence on foreign crude oil. ness owners relief at the gas pump. ability language in the bill that will help shore Accordingly, implementing regulations should Over 58 percent of the oil used to transport up the procedures and rules that govern the consider these types of uses and establish our nation’s food from farms to consumers, flow of electricity across State borders. While compliance mechanisms to account for the ap- heat our homes, and get us to work or school, the reliability standards are long overdue, I be- plicable volumes within the renewable fuel is imported from overseas. Even the Depart- lieve they will help keep the lights on and en- programs. ment of Energy acknowledged that this bill will sure that a blackout similar to the one in 2003 Again, I want to thank Chairman BARTON do next-to-nothing to lower gasoline prices or does not happen again. and all the Conferees for their hard work on reduce America’s demand for foreign oil. In I also support the provision that will perma- this vital legislation and urge its quick pas- fact, the Energy Information Administration, nently ban oil and gas drilling in the Great sage. EIA, predicts our dependence on foreign oil Lakes. The Great Lakes are among our Na- Mr. MCDERMOTT. Mr. Speaker, a grave will increase to more than 68 percent by 2005 tion’s most valuable natural treasures and I threat to America today is our addiction to oil, regardless of whether this energy bill is signed believe they should not be threatened by po- and voting for the Energy Bill is like fran- into law or not. tential oil spills or have their beauty or rec- chising drug abuse. If this bill does become law, Congress will reational appeal tainted by massive oil rigs. Republicans have written a bill that favors have missed a monumental opportunity to Furthermore, I applaud conferees for not in- corporate America over Main Street America. make real progress in reducing our demand cluding a provision that would open up the This bill does not, and will not, address any of for foreign oil Even small efforts in this direc- Arctic National Wildlife Refuge for oil and nat- the critical energy issues that threaten our en- tion were rejected. For example, during con- ural gas production and exploration. Destroy- vironment, our economy and our middle class. ference negotiations, Republican conferees ing one of America’s most pristine wilderness Sixty dollars for a barrel oil that breaks the voted against a modest Senate proposal that areas for a few months of oil is not the long- backs and the budgets of Mainstream Ameri- would have required the President to reduce term answer to reducing our-dependence on cans is a scandal. And this legislation serves U.S. oil consumption by 1 million barrels a day foreign nations for oil. Energy bill conferees as a full, free and absolute pardon to those by 2015. also deserve credit for not including a safe who failed to put America’s interests ahead of This energy bill also fails to raise the effi- harbor provision that would have shielded the special interests. ciency standards for automobiles, which have manufacturers of the gasoline additive, MTBE, Oil company profits have been driven ob- not been increased in decades. Instead of from lawsuits. This measure would have made scenely high on the backs of American con- challenging our nation’s talented engineers to taxpayers shoulder the burden of cleaning up sumers, and this legislation paves an express build safe cars, trucks and SUVs that can trav- hundreds of contaminated water supply sys- lane for Big Oil to drive the American con- el further on less gasoline, Republican con- tems across the country at a cost of more sumer into the ground. ferees wilted to lobbyists who do not seem to than $30 million.

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00027 Fmt 0687 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 18276 CONGRESSIONAL RECORD—HOUSE July 28, 2005 Despite these positive provisions, Congress Power Project, just outside my district, right But oil needn’t be the lead driver in our na- has had almost five years to get its priorities now. tional security policy. We have resources at right, to put the American people before spe- While I applaud the hard work of my col- home like water, wind and sun that, with re- cial interests, and to put forward a plan that leagues in removing many of the most egre- search and investment, can produce cleaner curbs our demand for foreign oil. It is now gious aspects of the bill—reducing the give- energy sources and cheaper alternatives, can clear that Congress has failed, and that this aways to oil and gas companies, removing the reduce our dependence on foreign oil, and bill represents a lost opportunity. This House MTBE provision and excluding drilling in the can create jobs and spur spending here at should not pass a bill that provides a false Great Lakes and Alaska—I am most con- home. Just outside my district, with the water sense of security to the American people while cerned about how this bill will affect my con- heaving over the Niagara Falls, we convert failing to truly address the energy challenges stituents in Western New York where we are water into electricity every day. It’s a shame our Nation will face in the future. I urge my currently embattled in a fight with the New this bill doesn’t do enough for similar options colleagues to vote against this energy bill. York Power Authority over its bad faith nego- around the country. Mrs. MALONEY. Mr. Speaker, I rise today in tiations to mitigate the environmental, aes- All too often I hear from my constituents in opposition to this conference report. thetic and economic effects of storage and Western New York that too many low-income As I’ve said before here on the floor of the use of NYPA equipment essential to the hy- families, disabled individuals and senior citi- House, America needs an energy policy. We dropower dam on Buffalo’s waterfront, the Ni- zens are not able to afford their energy costs. need an energy policy that actually brings agara River, Lake Erie and Western New My district is particularly hard hit with extreme down record high gas prices, protects our en- York’s economic recovery. cold temperatures, which cause more families vironment, and truly reduces our dependence Buried deep in the conference report is lan- to face unaffordable heating costs and put on foreign oil by encouraging energy efficiency guage that will make it easier for hydropower families and seniors at a higher risk of life- and the use of renewable sources of energy. project owners to squash local concerns and threatening illness or death if their homes are Unfortunately, this bill fails on all fronts. second-guess federal agency licensing condi- too cold in the winter or too hot in the sum- We are heavily reliant on oil to power our tions by countering with their own favorable al- mer. Because of its detrimental effects on the cars and fuel our lifestyle, and 58 percent of ternatives. Under current law, applications to people in my district I will vote against the En- the oil we consume is imported, often from po- operate a hydroelectric facility are reviewed by ergy Policy Act conference report today. It ig- litically volatile regions of the world. Promoting federal environmental agencies. Those agen- nores my constituents’ needs and only adds to conservation and raising efficiency standards cies, with input from concerned citizens, states and local governments, can place conditions their troubles by reducing local decision mak- must play an important role in overcoming our ing, increasing oil and gas prices, increased dependence on oil and reducing our reliance on the approval of a license, requiring the ap- plicant to provide specified protections for their tax burden, creating more pollution, and on imports. Today, more than two-thirds of the leaving them less secure from foreign threats. oil consumed in the United States is used for water and wildlife. The conference report al- lows applicants and other interested parties to I urge my colleagues to do the same. transportation, mostly for cars and light trucks. offer alternatives to those government condi- Ms. WOOLSEY. Mr. Speaker, the energy Increasing fuel efficiency would lower pres- tions, but those alternatives must either cost bill conference report before us today is hor- sures on oil prices, enhance our national se- less to implement or increase electricity pro- rible for the consumer, horrible for the environ- curity, curb air pollution, and reduce the emis- duction. Federal agencies are then forced to ment, and makes America neither energy sion of greenhouse gases, which cause global accept those alternatives. This means dam independent nor more secure as a nation. warming. And yet, instead of truly addressing owners can control their own licenses. While This conference report does too little to pro- energy conservation and fuel efficiency, H.R. 6 the language in the conference report is an mote renewable energy and energy efficiency. hands out huge new subsidies to the oil, gas, improvement from the original House lan- By promoting the interests of corporations coal and nuclear industries. guage, this would, in effect, give hydropower over consumers, and pollution over conserva- This energy bill also harms our environment tion, this bill makes the United States much dam owners special rights to influence federal and threatens our drinking water by rolling less secure. licensing decisions and reduce the state, local back important safeguards in the Clean Water America’s continued reliance on Middle East government and concerned citizen roles in the Act and the Safe Drinking Water Act, protec- oil for the majority of our energy needs is the decision-making process. That is a step back- tions which are critical in keeping our water- single largest factor that contributes to our wards from current law that I am not willing to ways clean and safe. Under this bill, in fact, lack of national security. This conference re- take. In Buffalo we need more local control, port fails to adequately address our reliance fluid laced with toxic chemicals and contami- not less. nants could actually be injected into oil and on foreign oil. In additional direct impact on my constitu- Worst of all, the conference report includes gas wells that penetrate underground water ents, this bill will do nothing to reduce sky high sources, risking contamination of our drinking a huge provision, inserted in the middle of the oil and gas prices. The Administration’s own night after the conference finished its work, to water. I absolutely can not vote for an energy Energy Information Administration acknowl- bill that might put the drinking water of my give $1.5 billion to big oil companies from edges that with this bill, ‘‘changes to produc- Texas. constituents at risk. tion, consumption, imports, and prices are I don’t think any of us believe that this en- It would be wrong for anyone who cares negligible.’’ They even find that gasoline prices about our nation’s well-being, or the fight ergy bill is the last word on energy policy, and under this legislation would increase by be- much remains to be done to meet the great against extremism in the Middle East, to vote tween three and eight cents per gallon. for this legislation. I urge my colleagues to join challenges that lie before us. Until more is Clearly, this measure is a short sighted po- me in voting against it. done, I oppose this conference report, and litical move aimed at winning friends and con- Mr. GORDON. Mr. Speaker, first, I would urge my colleagues to do the same. tributors instead of what it should be—a long like to thank Science Committee Chairman Mr. HIGGINS. Mr. Speaker, I rise today in term plan to ease the energy burden on con- SHERRY BOEHLERT and Energy Subcommittee objection to H.R. 6, the Energy Policy Act con- sumers and make the United States safer and Chair JUDY BIGGERT for their hard work, lead- ference report under consideration by the full energy independent—and that’s a shame. ership and willingness to work with the minor- House of Representatives and the Senate this As a member of the Committee on Govern- ity in developing Title IX, the Research and week. While the conference report removes ment Reform’s Subcommittee on Energy and Development title of this bill. many of the worst provisions from the original Natural Resources, I know all too well how en- I would also like to call attention to a few House bill, this final version does little to re- ergy needs shape our foreign policy and our provisions of the bill that I believe really illus- duce our nation’s dependence on foreign oil, national security agenda. Our desperate need trate the importance of utilizing our wide base to decrease rising oil and gas prices, to in- for oil pits us against China and India. It forces of domestic science and technology resources crease our national security, to protect our en- us into a position of funding governments and in industry, the D.O.E. National Laboratories, vironment, or to encourage investment in re- world leaders who funnel our payments to universities and colleges, and training and newable energy sources. In addition, provi- groups that are currently planning to do us trade organizations. sions in the report could directly impact my harm. And our need for oil from foreign mar- Section 924(b) directs the Secretary of En- constituents by excluding local voices and kets forces our brave Armed Service men and ergy to initiate a program in the field of ad- local input during hydropower relicensing, women into harm’s way to protect our vital in- vanced small-scale portable power tech- which is what is taking place at the Niagara terests. nologies. Institutions such as Tennessee Tech

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00028 Fmt 0687 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 28, 2005 CONGRESSIONAL RECORD—HOUSE 18277 University, Vanderbilt University and the Uni- and the Center for Electric Power at Ten- Congress to get more money out of the Leak- versity of Missouri are conducting valuable nessee Technological University have pro- ing Underground Storage Tank Trust Fund work with fuel cells, advanced batteries, micro- grams dedicated to the cost-effective and en- and down to the states to ensure better com- turbines, nanotechnology, and thermo-elec- vironmentally-responsible usage of our most pliance with the law. Specifically, this section tricity. Advances in these fields will have limit- plentiful domestic energy source. amends the Solid Waste Disposal Act to direct less applications both military and civilian. I would also like to highlight the contribu- the Administrator of EPA to distribute to States Section 932(e) establishes a bio-diesel dem- tions of several of our members to very key at least 80 percent of the funds from the Un- onstration program for a new breed of fuels components of Title IX: derground Storage Tank Trust Fund for use in that have the capability of replacing most or all Mr. HONDA’s commitment to the progress of paying the reasonable costs for State enforce- of the petroleum diesel component in current the Next Generation Lighting Initiative, the ment efforts pertaining to underground storage bio-diesel mixtures with a non-petroleum prod- Stanford Linear Accelerator, and the Joint tanks. This limit of 80 percent should be uct. Middle Tennessee State University has Genomics Institute, Nanotechnology research viewed as the floor and not an allocation ceil- generation units that it could make available to and development, and his work with Mr. LAR- ing. The Committee understands that past test these new fuels at various levels of con- SON on transit bus demonstrations of fuel congressional legislation that twice passed the centration, and I hope that DOE would con- cells. House without a single vote in opposition con- sider MTSU as an appropriate site to conduct Mrs. WOOLSEY and Mr. UDALL’s continued tained an 85 percent limit, but in deference to these tests. dedication to deploying clean, newable and ef- the U.S. Environmental Protection Agency Section 933 establishes a university pro- ficient energy technologies in transportation, (EPA) and its Office of Underground Storage gram to demonstrate the feasibility of oper- buildings and electric power production. Tanks (OUST), the limit in the bill was lowered ating a hydrogen-powered vehicle by utilizing Mr. COSTELLO’s diligence in ensuring that to 80 percent to allow some flexibilty for the an innovative suite of off-the-shelf components utilization of our vast domestic coal resources Agency to meet its historical allocation to the in current automotive technologies. Research only gets cleaner and more efficient and uni- States without statutorily binding OUST. In ad- is being done today at Middle Tennessee versities play a major role in these efforts. dition, this section establishes guidelines for State University that would show the practi- Mrs. LOFGREN’s vision in support of domes- revisions to the allocation process that the Ad- cality of running current engine technology off tic fusion energy research and international fu- ministrator may revise after consulting with purely sun and water as the power sources. sion projects that may ultimately harness the state agencies responsible for overseeing cor- Section 983 addresses the critical issue of power of the sun and give the world an inex- rective action for releases from underground declining U.S. competencies in math, science haustible source of energy. storage tanks. and engineering by awarding a grant to a Mr. LINCOLN DAVIS’ work to ensure good This section also contains language that Southeastern consortium of research univer- science continues at Oak Ridge National Lab, flows from Section 122(g) of the comprehen- sities for partnerships with teacher training col- particularly in the field of High-End Computing. sive Environmental Response, Compensation, leges and National Laboratories to design, im- Mr. MILLER’s efforts to establish a nation- and Liability Act of 1980 (42 U.S.C. 9622(g)) plement and disseminate K–16 less on plans wide network of Advanced Energy Technology and mimics the intent of the Small Business in math and science. One of the country’s pre- Transfer Centers, to get technologies off the Liability Relief and Brownfields Revitalization mier organizations in this field is the Oak laboratory shelf and into the marketplace. Act (Public Law 107–118). In seeking a cost Ridge Associated Universities (ORAU). By uti- SHEILA JACKSON LEE’s work in electric vehi- recovery action, the Administrator (or State) lizing the expert resources in teacher training cle battery recycling, building standards, off- shall consider the owner or operator’s ability to institutions such as Middle Tennessee State shore oil and gas resources and most impor- pay by weighing the ability of the owner or op- University, I believe ORAU can play a major tantly, her tireless commitment to science at erator to pay all corrective action costs and role in stemming the growing gap in our global minority-serving institutions. still maintain its basic business operations, in- technological competitiveness. JOHN LARSON’s continued support for the cluding consideration of the overall financial Section 1010 seeks to recognize the con- development and utilization of fuel cell tech- condition of the owner or operator and demon- tributions smaller colleges and universities can nologies that will carry us into a future hydro- strable constraints on the ability of the owner make in research and development activities gen economy. or operator to raise revenues. In requesting and encourage this through greater collabora- The Science Committee contributed virtually consideration under these provisions, the tion with the traditional research institutions. all of Title 9, the research and development owner or operator shall promptly provide the By identifying the colleges and universities ac- title of this bill. While Research and Develop- Administrator (or State) with all relevant infor- cording to the Carnegie Classification system, ment programs typically have not been con- mation needed to determine the ability to pay this amendment defines accurately the cat- troversial, I believe the Title 9 provisions rep- corrective action costs and allow for alter- egories of research institutions that will benefit resent a major part of this legislation. The native payment methods as may be necessary most from collaboration. R&D programs authorized in this bill will pro- or appropriate, if the Administrator (or state) Section 1104 instructs the Secretary to sup- vide the means to produce the energy that this determines that the owner or operator cannot port expanding ongoing activities of the Na- country will need for the future. pay all or a portion of the costs in a lump sum tional Center for Energy Management and Mr. GILLMOR. Mr. Speaker, I rise in support payment. Owners and operators are to be Building Technologies. This important organi- of Subtitle B of Title XV of the conference re- held fully accountable for misrepresentation or zation brings the Sheet Metal and Air Condi- port to H.R. 6, the Domenici-Barton Energy fraud and the Administrator (or State) is au- tioning Contractors National Association, the Policy Act of 2005. This section makes many thorized to seek full recovery in the case of Sheet Metal Workers, universities, and the na- important policy changes that aim to increase fraud or misrepresentation of all the costs for tional labs together to make sure that tech- funding of and direct additional care for under- the corrective action without consideration of nology and skills are transferred in the heating ground storage tanks and the leaks of regu- the factors in this section. and cooling industry. In my opinion, logical op- lated substances that sometimes come from This section addresses two other items. portunities for expansion involve additional them. As the Chairman of the authorizing Sub- First, it prohibits the EPA Administrator from universities that are near other national labora- committee for the Solid Waste Disposal Act, I providing LUST Trust Fund dollars to states tories like Oak Ridge and to initiate research, have been involved in oversight of the Leaking that have permanently diverted their under- technology transfer, and training for related Underground Storage Tank program for the ground storage tank cleanup funds to non- technologies such as ground source heat last five years and have personally taken an emergent items that are completely unrelated pumps. interest in the writing of this particular Subtitle. to underground storage tank programs. There Sec. 404 instructs the Secretary to award I, therefore, want to make some brief com- has been concern that some states were grants to institutions of higher education that ments about the provisions in Subtitle B and using their underground storage tank funds to have substantial experience in coal research the reasons and intent behind them. cover the costs of other state funding prior- and show the greatest potential for advancing SECTION 1522. LEAKING UNDERGROUND STORAGE TANKS ities. This provision is meant to apply prospec- clean coal technologies. Schools such as This section is the longest surviving section tively and address the most egregious exam- Southern Illinois University, the University of of several Congresses of work on under- ples of this practice. This section also allows Pittsburgh, Carnegie Mellon University, Vir- ground storage tank legislation, starting with the EPA to withdraw approval of a State un- ginia Polytechnic Institute and State University an effort to amend this program in the 104th derground storage tank program that has been

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00029 Fmt 0687 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 18278 CONGRESSIONAL RECORD—HOUSE July 28, 2005 chronically abusive in the way it has run its spection cycle in order to meet the require- storage tanks under this subtitle, or by the Ad- program. These provisions are not in any way ment of inspecting all tanks. While the lan- ministrator, for tanks regulated under this sub- meant to insist on the withdrawal of approval guage contemplates giving States every op- title. Since many persons are concerned that for stats that are making best efforts to comply portunity to do meaningful inspections and appropriate protective measures are being with Federal standards that provide for State comply with all legal requirements, any grant taken by the States in regards to all under- approval, but have had some trouble. The lan- of leniency must be demonstrated to EPA by ground storage tank systems, whether public guage clearly instructs the EPA Administrator the State and EPA is not required to provide or private, this section establishes right-to- and OUST to work with States, give States le- the extra year. In addition, pursuant to section know reporting requirements for all govern- niency whenever needed, and give States 9008 of the Solid Waste Disposal Act (42 ment-owned tanks. In these reports, the every effort to make their programs work. EPA U.S.C. 6991g), nothing in these provisions States submit to the Administrator a list identi- must have the ability to compel ‘‘bad actors’’ prevents a State that wants to have a more fying the location and owner of each under- into compliance, but not to use these authori- frequent inspection regime of their under- ground storage tank that is not in compliance ties as a weapon against States making ‘‘good ground storage tanks from having them. with section 9003 and specifies the date of the faith’’ efforts. SECTION 1524. OPERATOR TRAINING last inspection and describes the actions that SECTION 1523. INSPECTION OF UNDERGROUND STORAGE In its May 2001 report and subsequent testi- have been and will be taken to ensure compli- TANKS mony before the Subcommittee on Environ- ance of the underground storage tank with this On-site inspections are one of the best ment and Hazardous Materials, GAO stated subtitle. The Administrator shall require each ways to ensure routine compliance with LUST that one of the main causes of leaks from un- State that receives Federal funds to make program rules. This section prescribes inspec- derground storage tanks was poor operation available to the public a record of underground tion requirements for underground storage of the tank system by owners and operators. storage tanks under this subtitle. The Adminis- tanks. These provisions, which are consistent In its recommendations to Congress, GAO trator shall prescribe, after consultation with with the core recommendations made by the suggested instituting operator-training pro- the States, the best manner and form to make General Accounting Office, or GAO, (now the grams as an important prevention tool against available and maintain this record, considering Government Accountability Office) requires, for future leaks. This section instructs the Admin- the most practical and efficient means to the first time ever, that every state conduct istrator, with the cooperation of the States, to maintain its intended purpose. This section routine inspections of every underground stor- publish guidelines for use by the States that also establishes incentives for performance age tank (UST) every three years. The lan- specify training requirements for persons hav- measures that may be taken into consider- guage in paragraph (c)(1) of Section 1523 (a) ing primary responsibility for on-site operation ation in determining the terms of a civil penalty reflects two concerns. In order to give States and maintenance of underground storage under Section 9006 of the Solid Waste Dis- time to pass the appropriate state laws and tanks, persons having daily on-site responsi- posal Act. hire the necessary personnel, which is essen- bility for the operation and maintenance of un- SECTION 1527. DELIVERY PROHIBITION tial since only 19 states currently operate UST derground storage tanks, and daily on-site em- Testimony received by the Subcommittee on programs that could meet this three year ployees having primary responsibility for ad- Environment and Hazardous Materials has guideline, the provisions in this section allow dressing emergencies presented by a spill or stated that the use of a delivery prohibition, by the states no more than an initial 2-year release from an underground storage tank States, against habitually non-compliant tanks ‘‘grace period’’ to start their inspection pro- system. This comprehensive list reflects the has been the most effective enforcement tool grams. During this 2-year period, the provi- concern that responsible persons are not only in motivating underground storage tank own- sions establish that states must eliminate their in a position to prevent leaks, but also to re- ers and operators into resolving outstanding backlog of un-inspected underground tank spond quickly once they occur. Of note, the problems with their systems. This section of systems that have been out of compliance language is clear that in designing these oper- the bill makes it unlawful, two (2) years after with federal regulations that became effective ator training requirements, EPA should make the date of enactment, to deliver, deposit into, in 1998. every effort to differentiate the types of training or accept a regulated substance into an un- This language reflects Congress’s clear in- between those persons, like underground stor- derground storage tank at a facility that has tent that States eliminate any backlog in the age tank owners and regional managers, who been identified as ineligible for fuel delivery or inspection of and enforcement against non- require more comprehensive and involved deposit. EPA is required to work with States compliant tanks. This provision is intended to training and those persons, such as conven- and underground storage tank owners and apply to those LUST systems in operation on ience store or gasoline station clerks whose product delivery industries before prescribing or before December 22, 1998. The legislation job turnover is high and responsibilities are minimum guidelines for how this delivery pro- also recognizes that States may not be in the low, where training obligations should be more hibition is supposed to work. In prescribing the best position to transition to immediate imple- basic and minimally intensive in nature. minimum guidelines, the EPA Administrator is mentation of the requirements in this section. SECTION 1525. REMEDIATION FROM OXYGENATED FUEL required to address how to determine which In fact, in a June 2000 Report to Congress on ADDITIVES tanks are ineligible for delivery, deposit, or ac- a Compliance Plan for the Underground Stor- While nothing in law prevents EPA from ceptance of a regulated substance under the age Tank Program, EPA stated that a signifi- using existing Leaking Underground Storage LUST program; the mechanisms for identifying cant number of new inspectors would need to Tank Trust Funds to remediate fuel that con- which underground tanks are ineligible for de- be hired or retained and trained by EPA or the tains oxygenated additives, this section recog- livery, deposit, or acceptance of a regulated States to make meaningful inspections occur. nizes the growing concern about groundwater substance under the LUST program; the proc- In addition, EPA estimated a total annual cost and drinking water contamination by ess for reclassifying previously ineligible un- of hiring an inspector at $70,000 and $1,000 oxygenated fuel additives from leaking under- derground storage tanks as eligible for deliv- for one month of training. ground storage tanks. Specifically, this section ery, deposit, or acceptance of a regulated sub- Next, this section establishes a mandatory creates a new dedicated authorization of Fed- stance under the LUST program; one or more requirement that States conduct on-site in- eral LUST Trust fund dollars to be used to processes for giving notice to product delivery spections of every underground storage tank carry out corrective actions with respect to re- industries and to underground storage tank located within their State that is regulated leases of a fuel containing an oxygenated fuel owners and operators that an underground under Subtitle I of the Solid Waste Disposal additive that presents a threat to human health storage tank or underground storage tank sys- Act at least once every three (3) years. To aid or welfare or the environment. Oxygenated tem is ineligible for delivery, deposit, or ac- the States in this effort, the legislation allows fuel additives include, but are not limited to, ceptance of a regulated substance under the the States to contract with third-party inspec- methyl tertiary butyl ether, ethanol, ethyl ter- LUST program; and a process for figuring out tors to carry out these inspections. tiary butyl ether, TAME, and DIPE. which areas might not be subject to the deliv- Finally, since 62 percent of the States either SECTION 1526. RELEASE PREVENTION, COMPLIANCE, AND ery prohibition. This language is intended to do not conduct regular inspections or inspect ENFORCEMENT give the EPA Administrator the flexibility to their USTs between every 4 to 10 years, the This section authorizes funds to be used to work with and help states that otherwise meet legislation allows a State to petition the U.S. conduct inspections, issue orders, or bring ac- these criteria and have successfully operated EPA for a one-time grant of a one-year exten- tions under this subtitle by a State to carry out delivery prohibition programs to continue to do sion to the first mandatory three (3) year in- State regulations pertaining to underground so. In addition, this section requires States

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00030 Fmt 0687 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 28, 2005 CONGRESSIONAL RECORD—HOUSE 18279 without such delivery prohibition programs to To address the helpfulness of this ground- the Solid Waste Disposal Act should be con- meet these minimum criteria in order to re- water protection device as well as allow states sidered to mean Section 9508(c) of the Inter- ceive funding. to contemplate other matters raised by nal Revenue Code in order to reflect changes SECTION 1528. FEDERAL FACILITIES groundwater professionals and the petroleum made to Title XIII, Subtitle F, Section 1362 In 1992, Congress enacted the Federal Fa- equipment industry, this section allows a State that creates a new Section 6430 at the end of cilities Compliance Act to send a clear signal to choose between either secondary contain- Subchapter B of Chapter 65—amending Sec- to Federal departments and agencies that they ment requirements or installer and manufac- tion 9508(c) by striking the existing subsection should not hide behind claims of sovereign im- turer requirements. If a State chooses sec- 9508(c)(2) and renumbering subsection munity in order to avoid compliance with State ondary containment, then any new installation 9508(c)(1) as subsection 9508(c). and local environmental requirements. This of an underground storage tank that is within Ms. PELOSI. Mr. Speaker, I rise in opposi- section further reinforces the point that the 1,000 feet of community water system or pota- tion to this energy bill. The American people Federal government must be as protective of ble water well must be secondarily contained. need and deserve an energy policy that will the environment and responsive to public In addition, any tank or piping that is replaced reduce energy prices, reduce our dependence health laws at all levels of government as pri- on an underground storage tank that is within on foreign oil, and reduce pollution. This bill is vate citizens are. This section also revises re- 1,000 feet of a community water system or po- not the answer. quirements for Federal agencies with jurisdic- table water well must be secondarily con- While it is an improvement over the House tion over underground storage tanks or sys- tained. Repairs to an underground storage bill, it is not good enough for the American tems, or engaged in any activity that may re- tank system, as defined by EPA, do not trigger people. Several of the most egregious provi- sult in specified actions regarding such tanks any secondary containment requirements and sions have been removed, thanks to the tire- or regulated substances related to them, in- gasoline dispensers must also be addressed less work of the Democratic Members who cluding release response activities. Specifi- as part of the secondary containment strategy. served on the conference committee. And I cally, these agencies need to report to Con- If a State chooses installer and manufacturer thank them for their contribution. gress on their compliance with UST require- certification as well as financial responsibility We kept the heat on the MTBE give-away ments. This section also waives claims of sov- requirements, this section requires tank install- and the massive roll-back of the Clean Air Act ereign immunity with respect to substantive or ers and manufacturers to follow professional until they were withdrawn. We fought to pro- procedural State requirements. Finally, this guidelines for tank products or comply with tect the Arctic National Refuge, making it too section continues the President’s authority to one of the new statutory requirements that are hot for the Republicans to handle—forcing exempt any Federal tank from compliance with similar to subsections (d) and (e) of 40 CFR them to withdraw from the energy bill their such requirements if the exemption is in the 280.20. In addition, this section requires in- plan to drill in the pristine wilderness. ‘‘paramount interests of the United States.’’ stallers and manufacturers maintain evidence Nonetheless, like its predecessors, this en- SECTION 1529. TANKS ON TRIBAL LANDS of financial assurance to help pay corrective ergy bill is a missed opportunity. It does not Recognizing the unique governmental rela- action costs that are directly relatable to a address the issues that the American people tionship between the Federal government and faulty tank part or installation. The lone excep- care about—lower gas prices at the pump, a sovereign tribal governments and their tribal tion to the financial assurance requirement is healthy environment, safe water to drink, and lands, this section seeks to protect persons on where a tank owner or operator, who already cleaner air. This bill is still anti-taxpayer, anti- these lands in similar ways to protection re- maintains evidence of financial responsibility environment, and anti-consumer. quirements in other States. Specifically, this under Section 9003 of the Solid Waste Dis- It is anti-taxpayer with billions of dollars in section instructs the Administrator, in coordi- posal Act, is also the installer or manufacturer gifts to the oil, gas, and nuclear industries, in- nation with Indian tribes, to develop and imple- of the underground storage tank. With respect cluding a new production tax credit for eight ment a strategy, giving priority to releases that to the financial responsibility option, the con- years. There are some subsidies for emerging present the greatest threat to human health or ference report references the existing financial clean energy technologies, such as renewable the environment, to implement and take nec- responsibility authority contained in section energy and hybrid vehicles, but not nearly essary corrective actions in response to re- 9003(d) of the Solid Waste Disposal Act that enough, especially compared to the give-away leases from leaking underground storage applies to owners and operators. It is the in- for the established energy industries. tanks on tribal lands, and to report within two tent of this legislation that all of the authorities Then there is the special gift for the gen- (2) years to Congress on the status of these and flexibilities contained in 9003(d) would tleman from Texas, the House Majority Lead- programs on tribal lands. apply to underground storage tank installers er. After the gavel went down on the energy SECTION 1530. ADDITIONAL MEASURES TO PROTECT and manufacturers in the same way that they bill conference, a provision was included that GROUNDWATER currently apply to owners and operators of un- sets up a special $1.5 billion fund for the oil More recently, information has become pub- derground storage tanks. industry to conduct research on how to find lic that has identified the causes of leaks from SECTION 1531. AUTHORIZATION OF APPROPRIATIONS oil, and a leading contender to host the con- underground storage tanks and suggested In order to avoid the creation of unfunded sortium is Sugar Land, Texas. Consortium ways to creatively address these sources of mandates, this section authorizes appropria- members, including Halliburton and Marathon leaks. One of these sources, a draft study, tions for FY 2005 through 2009. Specifically, Oil, can receive awards from the fund. which covered 22 States, was released by the this section authorizes $50 million per fiscal There you have it: big oil, Halliburton, and U.S. Environmental Protection Agency (EPA) year from the General Treasury to cover ad- TOM DELAY, all in one neat symbolic package. in August 2004 showed that of all new re- ministrative expenses and those areas in the At a time when Congress is trying to scrape leases at new and upgraded UST sites, 54 bill that are not specifically authorized to re- together enough Federal funding for veterans’ percent were due to improper installation and ceive direct appropriations from the Leaking health care, Social Security, education, Medi- physical or mechanical damage to UST parts Underground Storage Tank Trust Fund. In ad- care, and Medicaid, why are we giving away and 12 percent were due to corrosion. Though dition, from the Leaking Underground Storage taxpayer money hand over fist to well-estab- EPA has not used its existing authority to ad- Tank Trust Fund, $1 billion (or $200 million lished, profitable companies? ministratively require secondary containment, per year) is authorized for cleanups of re- Some of these energy companies are not some States (22) have implemented their own leases from leaking underground storage simply profitable. The major oil companies are laws requiring this feature or tertiary contain- tanks, $1 billion (or $200 million per year) is raking in such enormous profits that they do ment. On top of some technical feasibility authorized for the cleanup of releases of not know what to do with it all. The top three questions, barriers to some States enactment oxygenated fuel additives from leaking under- oil companies (Exxon Mobil, BP, and Royal of secondary containment requirements in- ground storage tanks, $500 million (or $100 Dutch Shell) are expected to post a new clude costs, since installing a secondarily con- million per year) for on-site inspections and record profit of $60 billion this year, while this tained system costs about $27,000–$32,420 enforcement, and $275 million (or $55 million quarter’s profits are 40 percent better than last or about 20 percent more than an installed, per year) for delivery prohibition and State year. single walled tank system. Additional concerns tank program disclosure and operations im- Mr. Speaker, this bill is anti-environmental. It are impacts on businesses with underground provements. Of further note, the reference to authorizes an oil and gas inventory of the storage tanks because it renders an under- Section 9508(c)(1) of the Internal Revenue Outer Continental Shelf, opening the door to ground tank system out of service for 21 days. Code in the newly created section 9014(2) of oil and gas drilling in the protected areas off

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00031 Fmt 0687 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 18280 CONGRESSIONAL RECORD—HOUSE July 28, 2005 our shores. The House has more than once Mr. POMBO. Mr. Speaker, the Energy Pol- has been replaced by a rough-and-tumble soundly voted to reject this proposal. Coastal icy Act of 2005 will encourage development of marketplace for commodities. In that global Members from both sides of the aisle know our Nation’s diverse energy resources, reduce marketplace, long-running declines in prices that our beautiful beaches, shores and fish- our dependence on foreign sources of energy, for energy and mineral resources have been eries are priceless and should not be put at and strengthen the country’s energy and eco- reversed; and, in the case of mineral commod- risk. But despite our best efforts, Republicans nomic security. ities, a three decade long decline has been re- insisted on keeping the inventory in this bill. The U.S. has been at the top of the eco- versed almost overnight. The energy bill carves out exemptions for nomic food chain for most of recent history. Our energy and mineral supply strategy for the oil and gas industry from the Safe Drinking One of the major reasons we’ve been so suc- the long-term begins with enacting a com- Water Act, and the Clean Water Act. It is load- cessful is that we recognized early-on that the prehensive national energy policy that encour- ed with provisions that override local and foundation for economic growth is built with ages diversity of fuel use, increased domestic State authority in favor of Federal authority. It energy and minerals. But our continued suc- production, and self-sufficiency. gives the Federal Government the right to cess fostered apathy and disinterest in the en- Among other critically important provisions condemn land to build electric power lines. It ergy and mineral resources that created this in this bill, my committee has jurisdiction over gives the Federal Government the right to de- success. In the past, U.S. concerns about en- Department of Interior (DOI) and U.S. Forest cide where gas pipelines and liquefied natural ergy and minerals supplies simply centered on Service (USFS) programs that administer the gas facilities will be built. It weakens States’ the general issue of availability of these re- domestic energy and mineral programs for rights to protect their own coastlines from oil sources for our national purposes. It did not federal lands and the outer continental shelf. and gas exploration. matter if those resources were located in the Using FY 2005 budget estimates, the en- Last but not least, the energy bill is anti-con- U.S. or in another country. ergy and mineral programs of the DOI cost sumer. It fails to protect consumers from high Over the years, inadequate domestic energy around $850 million per year. gasoline prices. It fails to adequately protect and minerals policies created a regulatory sys- But these programs will generate about consumers from price manipulations and fu- tem that discouraged domestic investment. $10.1 billion for the U.S. taxpayer each year, ture Enrons. And it fails to protect our national Capital began flowing overseas into re- primarily from energy development and pro- security by reducing our dependence on for- sources-rich countries where regulatory and duction. eign oil. investment climates in the energy and min- Outside of the Internal Revenue Service, Let there be no mistake. This bill is still anti- erals sectors were more attractive. As a result, these are the only programs that provide sig- taxpayer, anti-environment, and anti-con- the U.S. produced less and became increas- nificant revenue to the feral treasury. sumer. I urge my colleagues to vote ‘‘no’’ on ingly reliant on foreign sources of energy and But generation of revenue is not the only the conference report. minerals. Last year, the U.S. imported more benefit of domestic energy production on fed- Mr. TERRY. Mr. Speaker, I would like to than 63% of its oil, placing our energy needs eral lands. Production of energy domestically take a moment to congratulate Chairman BAR- increasingly at the mercy of foreign govern- keeps money at home, creates jobs and re- TON on his leadership in driving this legislation ments. Yet the U.S. government continues the duces our dependence on foreign energy im- to the finish line. ports. This comprehensive energy bill is a vision. cycle of tolerating irresponsible energy and Among other important issues, the provi- H.R. 6 aims to boost domestic sources of en- mineral policies, thereby continuing to discour- sions in the conference report before us today: ergy, increase the use of clean renewable age investment in domestic energy and min- encourage increased domestic production of power, and diversify the nation’s energy port- eral production. The end result is that the U.S. renewable energy from resources like geo- folio. This legislation will not completely solve continues to send money and jobs overseas thermal, wind, hydropower and biomass, to our dependence on foreign oil overnight, but it and becomes more dependent on foreign name but a few; encourage domestic produc- puts in place a number of tools to do just that. sources for our energy needs. tion of traditional energy sources such as coal, I applaud the increase of the use of bio-fuels, Crude oil prices have hit nominal all-time especially ethanol, to 7.5 billion gallons by highs, and natural gas prices are sustaining oil and natural gas by streamlining the federal 2012. This is important to our Nebraska farm- elevated price levels for the foreseeable fu- permitting process sand providing potential in- ers as well as a benefit for all Americans. ture. Additionally, U.S. trade deficit in energy centives for technically challenging oil and nat- The repel of the Public Utility Holding Com- is more than 25 percent of our total balance ural gas from the deep depths of the outer pany Act (PUHCA) will allow for increased pri- of payments, and continues to increase at a continental shelf; encourage domestic devel- vate investment in US. electricity production rapid rate. opment of the more than 2 Trillion barrels of such as wind farms and other non-fossil en- Today, our problems are two-told. First, the oil from oil shale in the Western U.S.; promote ergy sources. This is a smart move. issue of access to domestic resources is still a ‘‘good Samaritan’’ pilot project to help clean- I am pleased to see several provisions that a significant hurdle to bolstering U.S. energy up the more than 57,000 ‘‘orphan’’ wells that I authorized in this bill including a new provi- and mineral security. Although industry’s tech- have become wards of the federal govern- sion to speed up the siting of new plants for nological advancements in exploration and ment; promote sequestration of carbon dioxide Liquefied Natural Gas. LNG accounts for 90 production have sustained some minimal as a means of enhancing oil and natural gas percent of fertilizer production costs. Increased growth, policies preventing access to the re- production from old and existing wells; maxi- access to LNG will help our nation’s farmers. sponsible development of these resources still mize federal coal production and returns to the I also author a new program to provide incen- remain. Second, the U.S. is facing a global re- U.S. treasury; seek to establish North Amer- tives for the use of stationary fuels cells and sources future where we are more dependent ican energy independence by launching a strong increases in renewable fuel efforts. This than ever on foreign sources of energy and commission to review and make recommenda- legislation provides $4 billion over five years to minerals while at the same time no longer tions on how Canada, the U.S., and Mexico speed the arrival of affordable, viable hydro- ‘‘guaranteed’’ to be the major recipient of en- can coordinate their energy policies to reach gen fuel cells; create a new Department of En- ergy and minerals from our traditional foreign energy independence within 20 years; seek ergy program to encourage the use of on-site suppliers. extensive review of the impact and challenges energy production from fuel cells and micro- In fact, emerging economies such as China to U.S. interests created by the Chinese gov- turbines; and allow the use of livestock meth- and India are forever altering the global com- ernment’s aggressive pursuit of global energy ane as an eligible source under the renewable modities markets, where demand by these assets; and promote tribal energy develop- energy fund for public power. countries for resources such as oil, natural ment through self-governance of energy re- And finally this legislation includes tax in- gas, coal, minerals and metals, is outpacing sources in Indian Country. centive, which I authored, for increased use of expectations. The Energy Policy Act of 2005 is a good energy efficient products for the home and of- The road to a better quality of life starts with first step in the effort to lower energy prices fice. This is a solid bill, much needed by our increased use of energy and mineral commod- and reduce our dependence on foreign en- Nation. This energy bill is an opportunity to ities. Economic growth rates in China and ergy. But there is no question that we must do ensure a better future. The bill addresses India have surged as have their demands for more to increase domestic production. As de- present day energy problems while looking be- energy and mineral resources. mand across the globe continues to skyrocket, yond the horizon and I urge my colleagues to The old ‘‘Free World’’ versus ‘‘Evil Empire’’ it is imperative for America to produce more vote for the conference report. dichotomy of energy and minerals availability American energy. Doing so will create jobs,

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00032 Fmt 0687 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 28, 2005 CONGRESSIONAL RECORD—HOUSE 18281 grow our economy and strengthen national se- H.R. 6 is a truly balanced bill that will en- tion of renewable energy and energy efficient curity. sure the infrastructure necessary to meet en- features; and the use of at least 50 percent re- Tapping the abundant energy resources we ergy needs in the United States through future newable energy overall. have in America will become more and more decades, reduce dependence on foreign The DestiNY USA project, located in my necessary as we go forward. All we need is sources of oil, making us safer at home, and congressional district, will likely apply for con- the political will in Congress to let an Amer- create thousands of new jobs for American sideration for designation under this program. ican workforce get these supplies here at workers. This was accomplished, in large part, DestiNY USA is designed as the largest fossil home. by the inclusion of several important energy fuel free building project in the world, with Mr. VAN HOLLEN. Mr. Speaker, I rise today tax incentives. plans to deploy up to 600 megawatts of re- in opposition to the energy conference report Along with investments in renewable and newable energy generation capacity. It will before us. While the reliability standards and clean energy incentives and domestic oil and employ the entire spectrum of renewable en- efficiency incentives in this legislation are not gas production, H.R. 6 makes a significant ergy generation sources, including solar, wind, without merit, the entire package is tragically commitment to coal. As my colleagues know, biomass, geothermal and micro-hydroelectric. little more than a case study in missed oppor- coal produces 51 percent of our Nation’s elec- DestiNY is just one example of the type of in- tunities and misplaced priorities. tricity and many experts estimate that number novative, high technology projects that could First, and most astonishingly, this bill does will grow in the coming years. qualify for designation. By providing an addi- nothing to wean the United States from its de- H.R. 6 includes a 7-year recovery period for tional incentive for creativity and a commit- pendence on foreign oil. In failing to make new investments in pollution control facilities ment to renewable energy, the National Pri- meaningful progress on energy independence, installed in coal-fired electric generation ority Project designation will help meet the the conferees scrapped a measure designed plants. The shorter recovery period will allow goal of assuring ‘‘secure, affordable and reli- to reduce our oil consumption by a million bar- companies to make it easier to comply with able energy.’’ rels a day by 2015 and refused to make long new EPA regulations. Mr. SAM JOHNSON of Texas. Mr. Speaker, overdue improvements in our corporate aver- For the first time we are making a real com- I rise in support of the conference report on age fuel economy, CAFE, standards for cars. mitment to investing in clean coal tech- H.R. 6, the Energy Policy Act. One of the pro- The predictable result will be less security for nologies. The bill provides more than $1.6 bil- visions in this bill is something I’ve been work- the Nation and continued pricing pressure at lion in tax credits to fund IGCC and advanced ing on for years and clarifies the depreciation the pump. clean coal projects. period for natural gas gathering lines is appro- Second, rather than making robust invest- It is estimated that we have a 250-year sup- priately 7 years. I appreciate Chairman THOM- ments in the renewable and advanced effi- ply of coal. H.R. 6 ensures that this source AS’s work on this provision for the years he ciency technologies of the future, this legisla- continues to be a part of our Nation’s energy has been the Chairman of the committee. tion lavishes billions of dollars on the polluting policy and today we make a real commitment Further, I am glad to see that the conferees industries of the past. Particularly during this to ensure that it is more efficient and cleaner. on the tax title of the bill were able to reach period of record profits, does anyone really I would like to personally thank my chair- a balance between incentives for production of believe taxpayers need to be giving oil and man, BILL THOMAS, and his staff for their hard oil and gas and other energy production with gas companies another tax break? The con- work on the energy tax incentives package. energy efficiency incentives and conservation ferees’ decision to abandon the renewable Throughout the last 5 years, the Ways and incentives. I support this bill and commend the portfolio standard called for in the Senate bill Means Committee has been the genesis of conferees on their hard work. is a serious mistake, and I regret that a for- Mr. BLUNT. Mr. Speaker, after some late many massive social and economic reforms ward-looking alternative called the New Apollo nights and a lot of hard work, I am pleased we including several important tax relief bills, a Energy Project I championed with Representa- have a conference report on the energy bill Medicare and prescription drug plan, and a tives JAY INSLEE and RUSH HOLT was blocked today. The House of Representatives has critical trade agreement. H.R. 6, the Energy from receiving consideration on the House passed energy legislation five times, only to Policy Act of 2005, is yet another major ac- floor earlier this year. have the bills die. Keeping the lights on should complishment under Chairman THOMAS’s lead- Finally, this conference report turns back the not be a partisan issue. Filling up a gas tank clock on decades of hard-fought, bipartisan ership. should not be a partisan issue. environmental protection. The Clean Water Mr. WALSH. Mr. Speaker, I rise today to ex- Today we are finally voting to send this Act, Safe Drinking Water Act and National En- press my support for H.R. 6, the Energy Policy comprehensive plan to the President’s desk. vironmental Protection Act are all undermined, Act of 2005 conference report. In particular, I With gas prices soaring, I want to thank Chair- want to thank the conferees for including a while State authority over siting decisions for man JOE BARTON for his hard work on this liquefied natural gas importation terminals is provision that will establish the National Pri- much needed legislation and for working with preempted. Additionally, the legislation abdi- ority Project Designation. This national award me to include a provision in this bill to curb the cates all responsibility for the most looming program, modeled after the Malcolm Baldridge production of boutique fuel blends and ad- ecological challenge of our time: climate Quality Award Act, would promote and recog- dress this issue head-on. change. Senate language calling for carbon nize large sustainable design building and re- The current gasoline supply includes spe- caps to combat global warming was stripped newable energy projects. In April, I sponsored cially formulated boutique fuels which are re- from the final bill, and an amendment I offered the National Priority Project proposal as an quired by law in certain communities. with Representatives WAYNE GILCHREST and amendment to the Energy Policy Act, which When supplies are limited, gas prices rise JOHN OLVER to take the modest step of estab- the House adopted by voice vote. The Senate quickly—sometimes overnight. For example: lishing a national greenhouse gas registry was adopted a similar amendment, also by voice Missourians can fill their gas tanks up in quashed in April by the House Rules Com- vote, to its version of energy legislation in Springfield and drive 31⁄2 hours to St. Louis. mittee. June. The Solar Energy Industries Association When they get there, they’ll be filling their Mr. Speaker, this legislation goes further and the American Wind Energy Association tanks up with a completely different type of where it shouldn’t—and not nearly far enough have both endorsed this legislation. gasoline. But if St. Louis ever runs short on where it should. It is content to see the world This proposal establishes four categories of their boutique fuel, gas stations there can’t sell through the rear view mirror of a parked SUV designations: wind and biomass energy gen- what consumers could buy back in Springfield. while the rest of the world is flying down the eration projects; solar photovoltaic and fuel This conference report caps the number of road in hybrids passing us by. At the dawn of cell energy generation projects; energy effi- these special fuel blends and allows commu- the 21st century, the United States deserves cient building and renewable energy projects; nities faced with a shortage due to unforeseen an energy policy worthy of its people and of and ‘‘first-in-class’’ projects. The legislation circumstances, such as a refinery fire, a waiv- the historic leadership we have always pro- sets minimum renewable energy generation er to use conventional gasoline. vided on the world stage. This is not that en- thresholds for wind, biomass, solar, fuel cell This plan relies on simple economics: If we ergy policy. I urge my colleagues to oppose and building projects. Energy efficient and re- create a larger market for a greater amount of the conference report. newable energy building projects must meet gasoline, we’ll help drive prices down. Mr. LEWIS of Kentucky. Mr. Speaker, I rise additional criteria to be considered for des- This proposal moves the country one step to express my support for the Energy Policy ignation, including: compliance with third-party closer to lowering the sky-high price of gas for Act of 2005. certification standards; comprehensive integra- consumers.

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00033 Fmt 0687 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 18282 CONGRESSIONAL RECORD—HOUSE July 28, 2005 Mr. BARTON of Texas. Mr. Speaker, as Federal Register. The plain meaning of this Although the Energy bill is not a perfect Chairman of the Conference, I would like to provision would be that fuels initially approved one, the compromise we are considering clarify a point regarding section 1233, ‘‘Native by the Environmental Protection Agency be- today is greatly improved. Load’’. It is my understanding that section fore this date would constitute the ‘‘upper Because of these changes, Mr. Speaker, I 1233 does not affect the Commission’s author- limit’’ on the number of fuels that may be ap- now support this legislation and urge my col- ity under sections 205 and 206 of the Federal proved at any one time in the future under the leagues to support it also. No bill is perfect Power Act to ensure that rates are just and provisions of this section. and certainly this one is not perfect but I ap- reasonable, and not unduly discriminatory or Specifically, as long as a fuel was initially preciate the efforts made to improve it. preferential. approved by the Environmental Protection Mr. HONDA. Mr. Speaker, I rise today in op- position to the conference report on H.R. 6. REFUND AUTHORITY Agency before September 1, 2004, the fuel President Bush and the Republican majority As Chairman of the Conference, I would may be sold and used pursuant to a State Im- have pushed this legislation on the premise also like to clarify a point regarding section plementation Plan and the provisions of 211 that we need it to solve our energy problems, 1286, ‘‘Refund Authority’’. This section pro- (c)(4)(C) as such provisions existed before the that we need it to wean ourselves from our vides the Federal Energy Regulatory Commis- amendment of that section by the pending leg- dependence on imported oil which poses a sion with authority to order refunds from over- islation. In addition, the amendments that we are enacting to section 211(c)(4)(C) do not re- threat to our economic and national security. charges on sales by large municipal utilities. Sadly, the bill we have before us today fails quire that a fuel actually be distributed or sold I understand the phrase ‘‘organized mar- to do that. Today we import 58 percent of the prior to September 1, 2004, only that the Ad- kets’’, and possibly other related words fol- oil we consume, and projections predict that ministrator of the Environmental Protection lowing that phrase, may be ambiguous. I be- we will have to import 68 percent to meet de- Agency initially approved the fuel as meeting lieve the FERC should carefully consider the mand by 2025. Experts indicate that at best, purposes of this section when interpreting the requirements for a waiver prior to Sep- this bill would only slightly slow that rate of those words. That purpose is to protect all tember 1, 2004. growth of dependence, rather than actually de- consumers from exorbitant electricity prices, This interpretation of section 1541 would crease our dependence on imported oil. regardless of whether the seller is a fully regu- also hold if the implementation date for the We cannot continue to increase our con- lated public utility or, in the case of this provi- sale or distribution of any fuel previously ap- sumption of fossil fuels. By definition, these sion, a publicly owned and only partially regu- proved by the Administrator prior to Sep- fuels are finite in supply. They will run out lated utility. The impact and the injury from the tember 1, 2004 was later changed at any point some day, plain and simple. And as long as exorbitant price is equally injurious and equally in time. The amendments made today to sec- we continue to rely on them, we are going to in need of redress. tion 211(c)(4)(C) would not prevent this sale or be faced with an impending crisis. Therefore, I urge the Commission to give distribution from occurring nor impose any ad- The bill gives billions of dollars in tax breaks the words in question real meaning and to ditional requirements or limitations on the im- and subsidies to encourage oil and gas pro- note that the Congress could have chosen plementation of matters related to the use of duction, but these will not do much more than other words, such as auction market or ISO or this previously approved fuel or a program high gasoline and natural gas prices already RTO managed market, to convey a more nar- providing for its use. do to stimulate domestic production of fossil row and specific scope. Finally, the changes to existing law regard- fuels. The energy industry is already the most CEILING FANS ing waivers for fuels approved as part of a profitable industry in the nation, incentives As Chairman of the Conference, I want to State Implementation Plan only apply to those should not be necessary. address a drafting error in Section 135, ‘‘En- fuels which were not previously approved by This bill could have really done something ergy Conservation Standards for Additional the Administrator of the Environmental Protec- to reduce our consumption of oil by increasing Products.’’ An incorrect section mistakenly in- tion Agency before September 1, 2004. Pro- fuel economy standards for vehicles, but it cluded starts on page 101, line 14 and ends grams such as the Texas Low-Emission Die- fails to do so. Increasing standards is the sin- on page 102, line 4. Sentence (v)(l) was not sel program are not affected by the provisions gle biggest step we could have taken to re- agreed to and should be removed later in a of section 1541 even though a later State Im- duce our oil dependency. This bill could have really done something technical correction. Also, the phrase ‘‘Ceiling plementation Plan revision or action by the to reduce our dependence on fossil fuels by Fans’’ should be removed where it appears in State or federal Environmental Protection including a renewable portfolio standard, section (v). Agency may have revised the beginning date which would have required the use of sustain- The proper language starts on page 107, of sale of the fuel or other matters related to able energy sources, but it fails to do so. In- line 8 and goes through page 112, line 10. the implementation of the fuel program. stead its subsidies and tax breaks encourage This section (ff) is correct. Ms. EDDIE BERNICE JOHNSON of Texas. more of the same old thing—finite fossil fuels Congressman NATHAN DEAL authored the Mr. Speaker, I am pleased that the House is and nuclear power plants whose waste we do original language, which did not receive con- finally considering the Energy bill Conference Report today. More importantly it is greatly im- not know what to do with. sensus during negotiation of the conference Instead of encouraging energy conservation, proved. report. Congressman DEAL worked with Mem- renewable energy use, and curbs on emis- bers of the Conference, industry representa- I have had mixed feelings about the Energy sions that damage our environment, the bill tives, and various environmental and energy bill. Members and staff on both sides of the creates new exemptions in some of our na- efficiency advocates come up with some com- aisle have worked very hard to improve it. tion’s bedrock environmental laws, like the promise language. I want to thank Congress- This hard work has resulted in several key Clean Water Act, the Safe Drinking Water Act man NATHAN DEAL for his hard work on this changes that will result in my approval of this and the National Environmental Policy Act. issue, and for bringing the mistake to my at- Conference Report. The bill also repeals the Public Utility Hold- tention. I will work to correct this later. One important change is that clean air initia- ing Company Act, which was instituted to pro- BOUTIQUE FUELS tives were added. My state of Texas ranks tect the interests of consumers. In the wake of As Chairman of the Conference, I want to first in the nation in toxic manufacturing emis- Enron, this is the wrong direction to go. And clarify some points regarding Section 1541, sions, first in the number of environmental civil the bill rejects the wishes of State officials by ‘‘Boutique Fuels’’, This provision is an amend- rights complaints, and second on the amount granting the Federal Energy Regulatory Com- ment to section 211(c)(4)(C) of the Clean Air of ozone pollution exposure. The clean air pro- mission new authority to approve the location Act to limit the number of boutique fuels. visions are very important to me and my con- of terminals to handle the imports of liquefied First, it is my understanding that in section stituents. natural gas. 1541 ethanol when blended into gasoline in a I am also pleased to know that provisions To solve our energy problems in the future concentration of 20 percent by volume be con- for drilling in the Arctic National Wildlife Ref- and reduce our reliance on foreign sources of sidered a fuel additive. uge have been removed from the bill. energy, we need a truly visionary energy pol- Second, in implementing this new provision, The MTBE issue is also important to me. It icy that employs renewable energy sources the EPA must determine the total number of is good to know that the provisions granting and encourages energy efficiency and con- fuels approved under 211 (c)(4)(C) as of Sep- retroactive liability protection for MTBE pro- servation. This bill does not provide that vi- tember 1, 2004 and publish such a list in the ducers have been removed. sion, and I urge my colleagues to oppose it.

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00034 Fmt 0687 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 28, 2005 CONGRESSIONAL RECORD—HOUSE 18283 Mr. RAHALL. Mr. Speaker, this is now the All in all, again, not a perfect bill but one Energy’s critical research and development ef- third Congress energy policy legislation has which I believe will be of some assistance in forts. These arrangements support research been under consideration. During the course expanding our national energy mix. and development without using standard pro- of this period I have consistently opposed the Mr. BACA. Mr. Speaker, I rise in support of curement contracts, grants or cooperative House versions of this legislation. Today, how- the conference report for the Energy Bill. agreements. ever, I am pleased to be in the position of vot- Americans need an abundant supply of en- Other Transactions authority has been used ing for the pending conference agreement. ergy to maintain a high quality of life and sus- successfully in the Department of Defense for The fundamental reason for my being able to tain our economy. years to great effect. I appreciate the Science now support this legislation is because many This comprehensive bill helps provide for Committee’s willingness to work with me and of the most troubling provisions in the past our Nation’s energy needs by encouraging do- the Senate to craft language that allows the House versions which caused my opposition mestic energy production. use of this valuable tool where appropriate. It are largely no longer present in the final prod- America has become too dependent on for- is a shame when the government is denied a uct before us today. eign oil, making our consumers subject to technological advance simply because our I have been troubled in the past by the in- volatile prices and the whims of often hostile, standard acquisition policies are not suitable clusion of provisions waiving the National En- antidemocratic leaders. We have seen the for the development of cutting edge solutions. vironmental Policy Act, the opening of the Arc- consequences as oil and gas prices continue Finally, I want to note that the conference tic National Wildlife Refuge to development, to rise. The price of imported oil recently has decided to include a request for a report inappropriate and unseemly taxpayer give- reached record levels of $60 a barrel. That is on China and the CNOOC offer to acquire aways to Big Oil, as well as unwarranted liabil- a full $10 more than six months ago and near- Unocal. This report will be conducted simulta- ity relief to certain fuel manufacturers. I was ly $20 more than two years ago. I am well neously with the regular review conducted by not gullible enough to think that the con- aware of the hardships this causes for con- the Committee on Foreign Investments in the ference would clean the slate entirely of give- sumers, workers and our economy. United States. The report will essentially de- aways to Big Oil, but aside from that issue, In my district in California the cost of gaso- velop the same information required by the these provisions that I have long opposed are, line has risen to $2.89 a gallon. Many of my CFIUS review. In other words, the Conference for the most part, not present in the pending constituents commute to Los Angeles, which has decided to duplicate the review process. legislation. is 60 miles away. Many others are truckers The conference’s time would be better spent In addition, I have opposed past versions of who depend on stable gasoline prices to put studying our Nation and how we plan to se- this legislation because they contained provi- food on the table. These hard-working people cure our energy over the next 50 years in- sions which unfairly provided western coal are affected daily by our country’s depend- stead of worrying about the actions of our produced on federal lands a competitive ad- ence on foreign oil. most valuable trading partners. With this one vantage over all other coal producing regions Nobody should make false promises that exception, the Energy Policy Act is a step in including my home State of West Virginia. gas prices will immediately be lowered. the direction of answering those questions. Those provisions have been mitigated in the This bill is not a quick fix, but it includes im- Mr. STARK. Mr. Speaker, I rise in strong pending measure. portant provisions to help meet our country’s opposition to H.R. 6, the Energy Policy Act of energy needs, while also promoting energy ef- 2005 conference report. If U.S. energy policy And finally, I have been opposed to past ficiency, conservation and diversification, in- were the Titanic, Republicans would give a tax versions of this bill because they lacked vi- cluding incentives for alternative sources like credit for bailing water rather than changing sionary and significant incentives to burn coal ethanol, solar and wind. navigation techniques to avoid a future crisis. more cleanly and to utilize coal in a more effi- By decreasing our dependence on foreign Fossil fuels are increasingly expensive, pol- cient manner. The pending measure finally oil and expanding production of alternative luting, contribute to war and global unrest, and contained incentives of that nature, which will sources, we are not only protecting consumers will run out within the next 50–100 years, and allow us to employ coal as a means to help and protecting our national security, but we yet President Bush and Republicans in Con- wean ourselves from foreign sources of en- are also protecting our economy by creating gress want to ride the sinking ship of oil de- ergy. perhaps one million jobs. pendence to its disastrous conclusion. This is not a perfect bill, by no means. It still Improving our Nation’s energy efficiency and This compromise between the House and contains royalty relief for large producers of oil cost efficiency is a bipartisan issue. Senate Republicans shows the good, the bad, and gas in the Gulf of Mexico. It also contains I am pleased to support H.R. 2419 for the and the ugly of politics. provisions which some believe can be a pre- economic and national security of our country. Good: After four years getting nowhere with cursor to lifting the wildly popular moratoria on Mr. TOM DAVIS of Virginia. Mr. Speaker, drilling in the Arctic National Wildlife Refuge oil and gas drilling off portions of the American Chairman BARTON, thank you for the way you and exempting manufacturers of MTBE from coastline. I do not support those measures. At managed this difficult process. Being an out- legal liability for groundwater contamination, the same time, when I examine the tax title, side conferee on a bill this size can often be the Republicans have finally relented and re- and find almost $3 billion worth of incentives an exercise in futility. But throughout this Con- moved these provisions from the conference to promote the commercial application of new ference, you and your staff remained respon- report. coal burning technologies, I find that finally, fi- sive and helpful. Also, I also want to commend Bad: Now that everyone isn’t focused on nally, coal is being paid more than lip service all the conferees for working hard to listen to these high-profile issues, there’s a sinking re- in our national energy policy. each other and compromise when appropriate. alization that this bill does nothing to reduce These incentives are extremely important. There are two sections of this bill which I our dependence on foreign oil and will actually As I have often observed in the past, we as am particularly excited about from an acquisi- raise, not lower, the price of gasoline, because a Nation, have expended a great deal of tion policy point of view. First is the section it triples the use of ethanol. Ethanol is a Mid- money in developing clean coal technologies. authorizing the continued use of Energy Sav- western farm subsidy, pure and simple. It’s ex- Yet, the fact of the matter is that they have not ings Performance Contracts—these contracts pensive, it emits some air pollutants more than been deployed in the commercial sense. have, over recent years, provided agencies gasoline, and up to six times more energy is After many decades of this effort, today, with an effective tool to rapidly improve the used to make ethanol than the finished fuel only a single integrated gasification combined energy efficiency of their buildings without in- contains. cycle coal plant exists owned and operated by creasing costs to the taxpayer. Ugly: The bill exempts oil and gas compa- Tampa Electric. The reason is simple. Ad- Some have suggested limitations to this pro- nies from the Clean Water Act, the Safe Drink- vanced plants of this nature are much more gram, but such limitations will translate into re- ing Water Act, and the National Environmental expensive to construct and there is no incen- ductions in the energy efficiency of govern- Policy Act. To speed up oil production, oil tive for the electric utility industry to build ment facilities. In my opinion, that is heading companies can now inject fluids laced with them. Hence, the pressing need for federal in- in the wrong direction and I’m happy to see toxic chemicals into oil and gas wells that pen- centives, so that we can begin to achieve such limitations were not included in the final etrate groundwater. According to the bill, the widespread commercial application of these bill. EPA no longer has any ability to regulate technologies, have a cleaner environment, and Second, this legislation authorizes the use these activities or force oil companies to pre- reduce our dependency on oil and natural gas. of Other Transactions for the Department of vent contamination of drinking water supplies.

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00035 Fmt 0687 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 18284 CONGRESSIONAL RECORD—HOUSE July 28, 2005 If you asked the American people how to gas, electricity and coal. Even our esteemed dress the energy challenges facing this coun- create a secure energy future, they’d talk U.S. Energy Secretary, Sam Bodman, op- try, yet ignores the most fundamental issues about solar and wind power, placing higher posed the inclusion of such measures, stating, and fails to set us on a path to a more sus- emission standards on SUVs, and conserva- ‘‘these industries don’t need incentives with oil tainable future. tion, but the great minds in the Republican and gas prices being what they are today.’’ Despite the fact that the transportation sec- Party don’t believe in these proven strategies We must target scarce Federal dollars wisely. tor is the biggest emitter of harmful pollutants any more than they believe in the science of Our energy policy is intricately tied to our into our air, this bill fails to increase the effi- global warming. national security and our economic well-being. ciency of our cars. The technology is there, Since I know that Republicans don’t like We must be vigilant in opening dialogues be- the demand is there, but the will is not. Al- high gas prices, smog, asthma, or ruined wil- tween diverse groups of policy experts like the though the bill offers incentives for consumers derness any more than I do, I can only con- Set America Free Coalition and National Com- to purchase hybrid vehicles, this country’s bro- clude that they are selling out the American mission on Energy Policy as we continue to ken fuel economy program prevents it from people for their corporate contributors. I will build and improve on current energy policies. having an effect. When an auto maker sells have no part of it and I vote ‘‘no’’ on this As the co-chair of the Congressional Oil and more fuel efficient cars, they are then given shameful bill. National Security Caucus, I know we need to flexibility to crank out more gas guzzlers, Mr. ENGEL. Mr. Speaker, the Washington diversify our energy sources, reduce our de- which boggles my mind. Post today noted that the nicest thing that it pendence on unstable oil sheikdoms, and cre- The Energy Policy Act of 2005 also fails to could say about the comprehensive energy bill ate skilled jobs while reducing energy costs. require our utilities to derive even a small per- is that it could’ve been a lot worse. That’s the We must create policies that will protect the centage of their power from renewable energy, sentiment that many of my colleagues and I environment and our consumers. While there as voters in Colorado overwhelmingly ap- feel today—that while clear improvements is improvement in this conference report, on proved last year. Enactment of a national re- have been made in conference—a tribute to balance, our goals cannot be achieved under newable portfolio standard would spur innova- Chairman BARTON’s leadership—that H.R. 6 this Energy Policy Act, and so regretfully I tion in the marketplace, attract new capital in- essentially preserves the status quo. must vote against it. vestment, create jobs, and reduce pollution. There is no doubt that the underlying bill is Mr. ETHERIDGE. Mr. Speaker, I rise today This legislation, which acknowledges that a vast improvement on the bill we marked up in reluctant support of H.R. 6, the Energy Pol- global warming is a problem, sets up yet an- this spring in committee and on the floor. Two icy Act of 2005. While this bill still contains other federal advisory committee to ‘‘develop a of the most egregious provisions, liability pro- provisions that I oppose, it is a far better bill national policy to address climate change.’’ tection for MTBE polluters and drilling in the than the one’s that I have voted against in the Maybe I am mistaken, but isn’t that Congress’ pristine Arctic wilderness are out. We are also past. job? We had the opportunity in this bill to cre- finally enacting electricity reliability standards Mr. Speaker, I am very disappointed that ate a market-based system to curb green- and I was pleased to have worked with my this bill contains a provision that will allow the house gas emissions that are warming our colleagues Mr. TOWNS and Mr. FOSSELLA to Interior Department to conduct an inventory of earth, polluting our skies, and endangering our preserve New York’s high reliability standards oil and natural gas resources off the east national security by keeping us bound to for- strengthening the underlying electricity title. coast of the United States, including my State eign oil. Again, we had the opportunity, but New York has unique needs that necessitate of North Carolina, and other areas currently with this bill, we are passing the buck for an- this provision including having a high con- under a drilling moratorium. I do not think that other Congress to deal with, when the prob- centration of load in a small geographic area. this is a wise use of taxpayer dollars, consid- lem is even more out of control. Additionally, nearly 40 percent of the State ering the Administration’s continued promise This bill weakens some of our most basic population lives in NYC and close to three- that these areas will never be drilled for oil. environmental laws, such as the Clean Air Act, fourths work there and 3 million New Yorkers Let me state clearly that I continue my strong Clean Water Act, and the Safe Drinking Water use the underground subway system every opposition to any effort to drill for oil off of the Act. It presents some nice handouts to indus- day. Finally, New York is home to the NYSE North Carolina coast. and other critical financial institutions. Al- This bill also repeals the 1935 Public Utility try, such as billions in giveaways to oil compa- though, we should have done this years ago Holding Company Act, which was passed in nies that are already drowning in profits due to in response to the rolling blackouts of 2003, I the wake of the Depression to ensure that the high oil prices, while the Nation is experi- am proud to be a part of the inclusion of such public would not be taken advantage of by util- encing huge deficits and slashing education an important policy development. ity companies. We know this is still being and health care programs. However, I am deeply disappointed that this done, we have heard with the stories such as This bill fails to recognize that high energy bill neither reduces our dependence on oil nor Enron. This law has protected the rural rate costs are a function of both supply and de- addresses climate change. The Energy Infor- payers in States like North Carolina, and I op- mand. While it is quite generous in increasing mation Agency has stated that under the En- pose its repeal. the production of fossil fuels, it does not even ergy Policy Act, by 2025, U.S. oil consumption Even in light of the negative aspects of this acknowledge the oil scarcity problem. Instead is projected to increase to 28.3 million barrels bill, I am voting for it because of the positive of drilling and more drilling, we should be per day and our country would increase its im- changes that have been included that will help helping to curb the Nation’s appetite for this ports of foreign oil by 85 percent. It even put our country back on to the right track. This rapidly declining resource by encouraging the found that gasoline prices under the bill would bill doubles the requirement for renewable development of alternative technologies. increase more than if the bill was not enacted. fuels, and extends the tax credit for biodiesel. Mr. Speaker, there is no question that this What this country critically needs, but is not in This will help our farmers and help us reduce bill is a marked improvement over previous this bill, is a policy to reduce our addiction to our dependency on foreign oil. This bill also iterations. I applaud Chairman BARTON for his oil through the promotion of alternatives and remove any legal waivers for companies that devotion to ensuring an open, transparent clean renewables, improve automotive fuel ef- have poisoned our waters with MTBEs, and process with full debate on the issues. He has ficiency, and reduce greenhouse gasses. excludes the provision to allow drilling and de- great courtesy and respect for the deliberative Further, it is a travesty that this bill will open velopment of the Arctic National Wildlife Ref- process, and I thank him for that. The bill he up our coastlines and wildlands to destructive uge (ANWR), to preserve this national treas- has put forward takes steps towards greater oil and gas activities and evade environmental ure for future generations. I would also add energy efficiency and conservation, ensuring and consumer protections. I wish the con- that I am pleased about the increases in tax the reliability of the electricity grid, and pro- ferees had included more funding for smarter, incentives for renewable energy such as wind viding customers with incentives to purchase cleaner, safer, and cheaper energy policy in and solar power. vehicles powered by alternative fuels. this bill that puts innovation and technology to Mr. Speaker while this is not a perfect bill, But the problems with this legislation far out- work. While I am pleased that the Energy Pol- it is a step in the right direction. And it de- weigh its benefits, and as such I am forced to icy Act includes $5 billion in tax breaks and in- serves our support. oppose it. I wish this Congress had the cour- centives for energy efficiency and renewable Ms. DEGETTE. Mr. Speaker, I rise to ex- age to enact reforms that would set this coun- energy programs, the number pales in com- press my opposition to the comprehensive en- try on a more sustainable energy future, but parison with the $9 billion earmarked for oil, ergy bill before us, a bill that purports to ad- instead it seems content to stick with a status

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00036 Fmt 0687 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 28, 2005 CONGRESSIONAL RECORD—HOUSE 18285 quo that emphasizes extraction over conserva- entific evidence on warming is overwhelming, standards for grid reliability, but it also in- tion, pork over investment, and development and we can’t just ignore it as the administra- cludes consumer protections in electric mar- over efficiency. Americans deserve better. tion has. We know enough now to begin ad- kets, such as new merger review, a prohibition Mr. LEVIN. Mr. Speaker, I rise in support of dressing the problem. Unlike coal and petro- on market manipulation, improved market the conference agreement on the Energy Pol- leum, nuclear power produces no greenhouse transparency, among others. These protec- icy Act. gases. Like it or not, nuclear power must con- tions are especially important given that the This day has certainly been a long time tinue to be part of the mix of solutions to ad- bill repeals the Public Utility Holding Company coming. The last major energy bill I was able dress the global warming problem. There are Act, PUHCA, which restricts the ownership to support was the National Energy Efficiency other steps we need to take, and one essen- and operations of power companies and their Act of 1992. Since that time, there has been tial step is finding a better solution to the ability to control energy prices. a clear need for follow-up legislation to ad- waste problem. Another way in which the conference report dress the significant energy challenges facing Last but not least, this energy bill perma- has improved on the House bill is its treatment the country, but Congress and the Bush ad- nently bans new oil and gas drilling in the of oil shale. ministration have repeatedly dropped the ball. Great Lakes. The Lakes are our State’s crown This is a subject of particular concern to Over the last 4 years, Congress has twice jewels, and the heart of Michigan’s multi-bil- Coloradans, because Colorado has the most come close to approving irresponsible energy lion-dollar tourist industry. They should not be significant amounts of oil shale—and also the put at risk just so energy companies can ex- legislation that would have done significant most experience with oil shale fever. In Colo- tract a few weeks’ supply of oil. harm to consumers, the environment, tax- rado, we have had several bouts of that syn- On balance, this energy package is worthy payers, and plain common sense. drome. The last one started during the 1970s As others have noted, the bill before us of support, and I urge my colleagues to join me in voting for it. energy crisis and ended abruptly on ‘‘Black today—is not perfect, but it is much improved. Sunday’’ in 1982. That was when Exxon an- I am especially pleased that the conferees Mr. UDALL of Colorado. Mr. Speaker, I re- gret that I cannot support this legislation. nounced it was pulling out of the Colony shale dropped the harmful provisions in the House- project, an event that left an impact crater passed bill that sought to open the Arctic Ref- There is nothing I would rather vote for than a balanced energy bill that sets us on a for- from the Western Slope to downtown Denver. uge to drilling and shield the MTBE industry There followed an exodus of other companies from liability for the environmental damage ward-looking course—one that acknowledges that this country is overly dependent on a sin- that had been working on oil shale—which led their product has caused. There are still a gle energy source—fossil fuels—to the det- to an echoing exodus of jobs and of Colo- number of provisions in this package that I riment of our environment, our national secu- radans who had nowhere else to turn. would change; in particular, I would drop the rity, and our economy. The House bill would have required the Inte- tax and royalty-relief incentives in the bill for But at a time of sky-rocketing oil prices, this rior Department to set up a new leasing pro- oil and gas drilling. When the price of a barrel report doesn’t do what it needs to do—help us gram for commercial development of oil shale, of oil is near an all-time high, such public sub- balance our energy portfolio and increase the with final regulations to be in place by the end sidies are unneeded and unjustified. contributions of alternative energy sources to of next year. In other words, it called for a I want to state clearly why this bill is worthy our energy mix. crash program to meet a short, arbitrary dead- of passage today. Two summers ago, the The process of developing the conference line. United States and southern Canada experi- report is much improved from last year’s con- enced the worst power blackout in history that In the Resources Committee, I tried to tentious debate. Senate and House conferees change that. An amendment I offered would left more than 50 million people without elec- worked together cooperatively and were able tricity, including 2.3 million residents of Michi- not have barred oil shale development. In- to compromise on a number of provisions and stead, it would have said that before we leap gan. Two years later, Congress has done bridge difficult differences of opinion. I believe nothing to address the reliability of the elec- again, we should take a look and have a clear Chairman BARTON and Ranking Member DIN- idea of where we are apt to land. Under my trical transmission system. Voluntary stand- GELL and on the Senate side, Chairman ards won’t get the job done. We need clear, amendment, the Department of the Interior DOMENICI and Ranking Member BINGAMAN, would be told to prepare regulations for a new mandatory and enforceable rules for ensuring have done a good job in this respect. the reliability of the power grid. The bill before oil shale leasing program—and to get them The conference report itself is also an im- finished ‘‘promptly’’ after finishing the analysis the House accomplishes that. provement over the bill passed by the House I also support the many provisions of this required by NEPA and the regular process for earlier this year. developing new federal regulations. legislation that spur development and use of It includes an extension of the Renewable Unfortunately, the Republican leadership of renewable sources of energy and encourage Energy Production Tax Credit for another 2 the Resources Committee opposed my conservation and energy efficiency. I believe years, which will take us through the end of amendment, and so it was not adopted. The that consumers, the environment, and energy 2007. This is very good news. The report also result is that that part of the House bill was security will be well served by the enhanced includes clean energy bonds provisions from much uglier than it should have been. tax credit for Americans to purchase hybrids the Senate bill which will enable electric co- and other alternative power vehicles. Looking operatives to invest in renewable generation. The oil shale part of the conference report, to the future, this bill provides significant re- It also removes the methyl bromide tertiary- while not necessarily a thing of real beauty, is sources for the development of clean-burning butyl ether, MTBE, liability waiver that would definitely better. It calls for a programmatic en- hydrogen. have let industry off the hook. It’s true that the vironmental impact statement as the first step, I know that many of my friends in the envi- conference report does provide a ‘‘backdoor and requires issuance of final regulations for a ronmental community disagree with some of immunity’’ that could derail many legal claims new commercial leasing program only after the provisions in this bill. In particular, I know by denying communities and states the right to that statement has been completed. Further, it there is concern over the incentives for nu- be heard in state forums. But I believe that the requires the Interior Department to consult clear energy. As one who has more often than conferees took a big step forward by dropping with the Governor of Colorado (and the gov- not voted against nuclear power, I understand the liability waiver. ernors of other relevant states) and other in- these concerns. The fundamental problem On energy efficiency, the conference report terested parties in order to determine the level with nuclear energy is that we have not yet goes beyond the House bill in establishing of support for development of oil shale (or tar developed an acceptable way of dealing with new energy efficiency standards for 15 prod- sands) resources, and provides that leasing nuclear waste. In all likelihood, it won’t be suf- ucts. It also includes numerous energy effi- will then occur only if there is sufficient interest ficient to just bury the waste in a hole in the ciency tax provisions for alternative fuel vehi- and support. This is a much better way to pro- Nevada desert and hope it stays put for the cles, energy efficient appliances and new and ceed than through the kind of crash program next 20,000 years. A much better solution is to existing homes, among others, provisions con- called for in the House-passed bill. develop the technologies to safely recycle or tained in the Energy Efficiency Cornerstone And, while I think the need for a new oil permanently isolate the waste. Act that I introduced with my colleague Rep. shale task force or a new office within DOE is By the same token, I think most everyone ZACH WAMP and others. doubtful at best, the conference report’s provi- now accepts that global warming is a serious Electricity provisions are strengthened—not sions related to experimental leases are sen- problem that needs to be addressed. The sci- only does the conference report include new sible and worthwhile.

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00037 Fmt 0687 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 18286 CONGRESSIONAL RECORD—HOUSE July 28, 2005 There were a few good things in the House generate 10 percent of their power from re- a pressing matter of national security. We bill that I am glad are retained in the con- newable sources by 2020. Colorado is unique- have an energy security crisis. We need to ference report—after all, in a 1,725-page bill, ly positioned to take advantage of alternative think anew to devise an energy security strat- there are bound to be some good provisions, energy opportunities, such as wind and sun. egy that will give future generations of Ameri- but in this case they are far outweighed by the Colorado’s voters approved Amendment 37 cans an economy less dependent on oil and bad. last year, a state RPS, which is making a dif- fossil fuels. For example, I support most of the provi- ference in our energy supply. Unfortunately, too much of this bill reflects sions developed by the Science Committee, But a Federal RPS would yield numerous not just a failure but an absolute refusal to and I commend Chairman BOEHLERT and rewards in the long-term for the whole country, think anew. Provision after provision reflects a Ranking Member GORDON for their bipartisan including increased energy independence and stubborn insistence on old ideas—more tax approach. security, economic development opportunities subsidies, more royalty giveaways, more re- In particular, I’m pleased that the Science in depressed communities, maintaining a com- strictions on public participation, more limits on Committee bill included generous authorization petitive advantage internationally, protecting environmental reviews—and a hostility to the levels for renewable energy and energy effi- our environment, and helping our farmers de- search for new approaches. ciency R&D. As Co-chair of the Renewable velop long-term income sources. The absence Maybe we could have afforded such a mis- Energy and Energy Efficiency Caucus, this of an RPS in this conference report is a seri- take in the past. But now the stakes are too funding is very important to me. ous setback for forward-thinking energy policy. high—because, as I said, energy policy isn’t I am also pleased that the conference report Most importantly, according to analyses just an economic issue, it’s a national security includes the Clean Green School Bus Act, a conducted by the Department of Energy’s En- issue. America’s dependence on imported oil bill that Chairman BOEHLERT and I drafted that ergy Information Administration, this energy poses a risk to our homeland security and authorizes grants to help school districts re- bill will neither lower gas prices nor reduce economic well-being. place aging diesel vehicles with clean, alter- U.S. dependence on foreign oil, with foreign Unfortunately, this conference report does native fuel buses. H.R. 6 also includes provi- imports predicted to increase from 58 percent not think anew and is not adequate to the sions from legislation I introduced on distrib- to 68 percent in the next 20 years. Coloradans challenges of this stormy present. For that uted power, which would direct the Secretary on average are already on average $2.25 for reason, I cannot vote for it. of Energy to develop and implement a strat- a gallon of regular gas. This bill will do nothing Ms. KILPATRICK of Michigan. Mr. Speaker, egy for research, development, and dem- to bring those prices down. despite the President’s oversell, this bill does onstration of distributed power energy sys- I don’t always agree with President Bush. nothing to improve our energy independence tems. But I think he is absolutely right about one and does little to provide for a cleaner environ- Unfortunately, though, as a whole this con- thing—at $55 a barrel, we don’t need incen- ment. The bill does nothing to lower gasoline ference report—like the bills we’ve debated tives to oil and gas companies to explore. In- prices, which are at an all-time high. twice before—basically retains the status quo stead, we need a strategy to wean our Nation This bill is a corporate giveaway to the larg- and does little to provide solutions to the real from its dependence on fossil fuels, especially est multinational oil companies, coal, utility energy problems facing this country. foreign oil. and other energy companies, who stand to re- In conclusion, Mr. Speaker, we need a plan This conference report provides oil and gas ceive a windfall of $14.5 billion in tax breaks in place to increase our energy security. Thir- companies massive forgiveness of royalty pay- over 10 years. Taxpayers are going to sub- teen percent of the twenty million barrels of oil ments. It exempts industry from requirements sidize billions in loan guarantees to these in- we consume each day comes from the Per- of the Safe Drinking Water Act when they in- dustries, so the energy industry can be free to sian Gulf. In fact, fully 30 percent of the ject harmful chemicals into the ground during fail without having to face little financial risk. world’s oil supply comes from this same vola- drilling. It exempts oil and gas construction tile and politically unstable region of the world. That is a sweet deal. With oil selling at $60 a barrel, this bill pro- sites from storm water runoff regulations under Yet with only 3 percent of the world’s known vides royalty-free drilling rights to the multi- the Clean Water Act. It authorizes up to $1.5 oil reserves, we are not in a position to solve billion in new subsidies to the oil industry for our energy vulnerability by drilling at home. national oil companies to drill on public lands. ultra-deep oil drilling and exploration. It estab- This bill does nothing to tackle this funda- This is making a sweet deal even sweeter. lishes an exclusion under the National Envi- mental problem. For every step it takes to When the American consumer fills his or her ronmental Policy Act for oil and gas develop- move us away from our oil/carbon-based car with gasoline selling over $2.30 a gallon, ment activities. economy, it takes two in the opposite direc- they will be secure in knowing that the record Of the bill’s total $14.6 billion in tax incen- tion. I only wish my colleagues in the House profits they are paying for big oil are being tives, $9.3 billion (or 64 percent) is for tradi- could understand that a vision of a clean en- subsidized further at the expense of their tax tional energy sources such as oil, natural gas, ergy future is not radical science fiction but is dollars. Taxpayers are being asked to donate and nuclear power. The oil and gas industries instead based on science and technology that more than $14 billion in tax breaks, most of are getting these massive subsidies from the exists today. Given the magnitude of the crisis them to the oil and gas companies, the utili- taxpayer at the same time that their profits ahead, we can surely put more public invest- ties, the nuclear industry and the coal industry. have never been higher. Meanwhile, renew- ment behind new energy sources that will free That is sweet on top of a sweeter deal for Big ables and energy efficiency technologies are us from our dependence on oil. Oil. The renewable energy and energy effi- allocated $5.3 billion, or just 26 percent of the Earlier this year, President Bush spoke at ciency industries are left with little. total incentives in the bill. the opening of the Abraham Lincoln Museum The bill preempts the ability of state and And then there are all the things the bill in Springfield, Illinois and attempted to draw local governments to block the siting of Lique- would not do. It would not increase vehicle parallels between his goal of expanding free- fied Natural Gas terminal in densely populated fuel economy standards, which have been fro- dom in the world and Lincoln’s effort to ex- urban areas. It will weaken environmental pro- zen since 1996. Raising CAFE standards is pand freedom in the U.S. I have some ques- tections with new loopholes for the oil and gas the single biggest step we can take to reduce tions about that comparison, but I do think it industry. It will allow the process of hydraulic oil consumption, since about half of the oil is good to consider Lincoln’s example when fracturing, which involves injecting diesel fuel used in the U.S. goes into the gas tanks of we debate public policy. into groundwater supplied and exempt other our passenger vehicles. In fact, I wish President Bush and the Re- industry practices from the Clean Water Act, This conference report avoids the whole publicans would draw a few more parallels to exemptions and the National Environmental question of mandatory action on climate Lincoln in their approach to energy policy—be- Policy Act. change, excluding even the toothless Senate- cause, as that greatest of Republican Presi- This bill will authorize exploratory efforts to passed resolution that recognized the need for dents said, ‘‘The dogmas of the quiet past are prepare for oil and gas drilling off the Outer immediate action by Congress to implement inadequate for the stormy present. Our Continental Shelf, including areas that are cur- mandatory caps on greenhouse gas emis- present is piled high with difficulties. We must rently closed to drilling. One area that I am sions. think anew and act anew—then we will save pleased to report is that the bill does ban drill- It also does not include the Renewable Port- our country.’’ ing in the Great Lakes. folio Standard, RPS, part of the Senate- And while we are not engaged in a civil war, This exercise is an unfortunate one. It is passed bill, which would require utilities to our excessive dependence on fossil energy is short on helping the nation’s energy needs

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00038 Fmt 0687 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 28, 2005 CONGRESSIONAL RECORD—HOUSE 18287 and long on subsidizing the oil and gas, nu- sources, such as wind and solar production. and that protect consumers, communities, and clear, utility, and coal industries. Americans This measure also includes a tax credit of up environmentally sensitive areas. pay more than their fair share to support the to $3,400 for certain hybrid cars and trucks. Ms. SCHWARTZ of Pennsylvania. Mr. record profit margins of the energy industry As a cochair of the House Biofuels Caucus, I Speaker, the last time Congress enacted an and now they are being asked to subsidize also support raising the renewable fuels stand- energy bill was in 1992—13 years ago. Since those record profits even more. This is a bad ard to 7.5 billion gallons by 2012, which is that time, Republicans and Democrats alike deal for American consumers. I urge my col- more than triple the current amount. have made clear that as a part of our national leagues to join me in voting against the pas- Over the past several Congresses, there homeland security strategy, we must wean the sage of this bill. have been several issues that have continually country off of foreign oil. Yet, the bill before us Ms. CORRINE BROWN of Florida. Mr. blocked congressional passage of comprehen- would not achieve that goal. For that reason Speaker, I rise today to oppose the offshore sive energy legislation, and I commend the Mr. Speaker, I am opposed to the Energy Pol- drilling provisions included in this bill. conference committee on eliminating these icy Act of 2005. I am categorically opposed to this bill be- controversial provisions from this final con- There is no doubt that the final House-Sen- cause of provisions which would increase ference report. H.R. 6 does not include a pro- ate energy bill is vastly better than the House- pressure for oil drilling in the protected waters vision providing for drilling in the Alaskan Na- passed bill. It extends the renewable electricity off Florida’s coast. It would also give billions of tional Wildlife Refuge (ANWR), which had production tax credit and provides tax credits dollars in tax breaks and other giveaways to been part of past energy legislation. This pris- for energy efficiency, which, together, will traditional fossil-fuel producers. tine 1.5 million acre coastal plain is often re- catalyze investment and usage of the next Included in this bill is a requirement to con- ferred to as ‘‘America’s Serengeti’’ because of generation of energy technology. It also would duct an offshore inventory of oil and gas re- the presence of caribou, polar bears, grizzly re-fund the Oil Spill Liability Trust Fund, which serves. An expensive and environmentally bears, wolves, migratory birds, and many provided $42 million to clean-up the Delaware damaging inventory in the protected waters of other species living in a nearly undisturbed River after the November 2004 oil spill and the Gulf is likely to increase pressure to lift the state. While some consider this area to be one was on track to be depleted by 2009. I hope drilling moratorium off Florida’s coast. of the most promising U.S. onshore oil and no other region in the country experiences a Another provision is a reduction in royalty gas prospects, studies indicate that this area similar incident; we must be prepared to ade- payments for deep gas wells leased in the could only provide 6 month’s supply of oil, 10 quately respond if it does. Gulf of Mexico. Any giveaway to the oil com- years from now, and consequently have no Additionally, the bill does not include unnec- panies to reduce their costs will cause an in- significant effect on our nation’s dependence essary liability protections for the manufactur- crease in production. This will cause more ex- on foreign oil. ers of the gasoline additive known as MTBE ploration. Past versions of the energy legislation have or allow for drilling in the Arctic National Wild- Florida is a beautiful state with miles of also contained a safe-harbor provision for pro- life Refuge—authorities that would have put coastline. The Sunshine State economy de- ducers of MTBE and other fuel oxygenates our precious natural resources at-risk while pends heavily on tourism and the environment from product liability claims. Under previous doing very little to reduce our dependence on is the key factor in Florida’s attractiveness to energy bills, states and cities would have been imported oil. tourists. The tourism industry has an economic prevented from bringing against potential of- While I am pleased with these improve- impact of $57 billion on Florida’s economy. fenders ‘‘defective product’’ lawsuits, which ments in the bill, I do not support investing Not inconsequential is the 770 miles of gulf some cities have employed to recapture the $14.6 billion in taxpayer funding on energy coastline and 5,095 of gulf tidal shoreline, and cost of MTBE cleanups. The U.S. Conference policies that ultimately will not reduce our de- the hundreds of miles of beaches. of Mayors has stated that the cost of cleanup pendence on and usage of foreign oil over the Florida’s coastline is a treasure not just for could run more than $29 billion. If our states next 11 years. Floridians, but all Americans and the rest of and localities were forced to pay these costs, My colleagues, the bill fails to include a re- the world. For years Florida’s delegation has the real costs would be borne by taxpayers. I newable energy portfolio standard of 10 per- worked together to protect our coastline and commend the conference committee for elimi- cent by 2020. natural resources. Even conducting an inven- nating this costly provision, and not making It fails to adequately invest in renewable en- tory of resources in the Gulf of Mexico will taxpayers responsible for the actions of a few ergy and energy efficiency technologies by begin to destroy the efforts we have made as MTBE producers. only providing 26 percent of the bill’s tax in- a state to preserve our sensitive lands. As centives for the development of cleaner, less long as there are rigs in the area, the potential While I voted for H.R. 6, there are several expensive energy sources under our control; for devastation to Florida’s beaches persists. provisions that concern me. The conference while allocating $2.6 billion in tax benefits for Florida’s beaches are not something we can agreement fails to adequately address climate oil and gas industry. Industries that are al- afford to compromise. This decision goes change by not including even the modest pro- ready profiting from record high oil prices, against everything that Floridians have worked posal adopted by the Senate. This provision, which are currently over $60 per barrel. for over so many years. Certainly, the people authored by Senator CHUCK HAGEL, would use It fails to increase to automotive efficiency of Florida do not support this ill-advised deci- tax credits to encourage, but not require, in- standards—a policy that would save up to 67 sion. dustry reductions in greenhouse gas emis- billion barrels of oil over the next 40 years, The impact of offshore drilling threatens irre- sions, including carbon dioxide. Furthermore, which is 10 to 20 times greater than the po- versible scarring to the landscape, affecting the conference agreement also requires an in- tential oil supply that could be extracted from thousands of species, each critical to the eco- ventory of oil and natural gas resources in off- the Artic National Wildlife Refuge. system. The great weather, pristine beaches, shore areas, including areas now closed to Mr. Speaker, the bill fails to send us in a and marine wildlife are the number one draws drilling. I am concerned about this provision, new direction, and that is unacceptable. We to our fine state. By moving forward with even because it could lead to opening these envi- cannot leave ourselves positioned to return a resources inventory, you risk a multi-billion ronmentally sensitive areas to offshore drilling. years from now and still be searching for ways dollar industry for only a few barrels of oil. In addition, I am also disappointed that the to end our reliance on foreign oil. Mr. MOORE of Kansas. Mr. Speaker, I rise final conference report did not include a ‘‘re- With nations like India and China rapidly in- in support of the conference report on H.R. 6, newable portfolio standard’’ that would have creasing their consumption of oil we must set the omnibus energy bill. H.R. 6 is an important required utilities to get 10 percent of their elec- the nation on a course to energy independ- step toward increasing our Nation’s energy tricity from alternative energy sources, such as ence. That requires a balanced energy policy independence by investing in energy efficiency wind and solar power, by 2020. that aids domestic production but, more impor- and alternative energy sources. While this is not a perfect bill, I believe it is tantly, sends us in a new direction by investing As a member of the House Renewable En- an important first step in creating a com- in renewable and energy efficient tech- ergy Caucus, I support measures in H.R. 6 to prehensive energy policy that invests in en- nologies. This conference report failed to ac- encourage and increase the use of renewable ergy efficiency and alternative energy sources. complish this goal. and alternative energy sources. H.R. 6 in- We owe it to our children and grandchildren to I urge a ‘‘no’’ vote on H.R. 6. cludes important tax incentives for energy effi- develop and implement energy policies, which Mr. COSTELLO. Mr. Speaker, I rise today in ciency programs and renewable energy will decrease our dependence of foreign oil support of H.R. 6, the Energy Policy Act of

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00039 Fmt 0687 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 18288 CONGRESSIONAL RECORD—HOUSE July 28, 2005 2005 Conference Report. Completion of this eling, and environmental policy. Faculty, staff, could save consumers $19 billion. Moreover, energy bill is yet another step forward in our and students in fields as diverse as engineer- 20 States have already enacted RPS require- struggle for energy security and independ- ing, science, business, education, law, and ag- ment, many of which go beyond the Senate- ence. A reliable and affordable energy supply riculture have contributed to the University’s passed provision. A federal RPS would have is crucial to America’s economic vitality, secu- international reputation in coal research. The established a nationwide market-based trading rity, and quality of life. past two energy conference reports named system to ensure that renewables are devel- While this final conference report is not per- Southern Illinois University as a ‘‘Clean Coal oped at the lowest possible price. I strongly fect, we continue to make progress towards Center of Excellence’’ and the school is well- supported this provision, and over 70 of my promoting energy conservation and efficiency; positioned to be a potential recipient of the colleagues signed onto a letter with me to increasing the use of all domestic energy re- award again this year. It is a testament to conferees urging them to keep the RPS in the sources, including coal; improving energy in- SIUC’s high caliber research program that it bill. The Senate conferees voted in a bipar- frastructure; and promoting the development was also named as a university to study and tisan manner to keep the RPS in the bill, but of advanced energy technologies. commercially deploy transportation fuel tech- the House conferees stripped the provision. I The combustion of fossil fuels is essential to nology using Illinois coal. Finally, I am pleased hope that my colleagues will work with me in our energy policy and must continue to be a this legislation promotes clean fuels by pro- the future to support H.R. 983, a bill with bi- part of a balanced energy plan for this coun- viding tax incentives for clean coal technology. partisan support that I introduced to create a try. Coal is absolutely critical to our nation’s This will greater enhance our ability to use Illi- federal RPS of 20 percent by 2027. The time economic health and global competitiveness. nois basin coal. for a federal RPS has come. Coal accounts for more than 50 percent of In addition to the clean coal provisions, the We also missed an opportunity to address U.S. electricity generation, far ahead of nu- energy conference agreement contains provi- the serious problem of global warming. I be- clear power, natural gas, hydroelectric power, sions instrumental in helping increase con- lieve that the amendment Senator BINGAMAN petroleum and other sources. There is no servation and lowering consumption. Included offered, and that passed, expressing the present alternative to coal to meet our energy in this are ethanol provisions that are used as sense of the Senate that mandatory action on needs. New and improved technologies hold a replacement and additive for gasoline con- climate change should be enacted was an im- the promise of far greater emissions reduc- sumption. Illinois currently produces 800 mil- portant step towards congressional action to tions and increased efficiency. lion gallons of ethanol per year. Under this reduce greenhouse gas emissions. While I am Clean coal provisions are included in the legislation, ethanol use would increase, nearly disappointed that we could not do more, and final conference report that would assist in doubling the current production level. The re- that this sense of the Senate amendment was burning coal more efficiently and cleanly. newable fuel standard (RFS) in the bill is ex- stripped from the conference report, I am These clean coal technology initiatives encour- pected to increase the average price of corn pleased that the conference report includes a age the development of new technologies for paid to farmers 6.6 percent, or 16 cents per provision to establish a new cabinet-level advi- cleaner, higher efficiency coal combustion in bushel and increase average net cash income sory committee, charged with developing a na- new and established plants with the hope of to farmers by $3.3 billion over the next dec- tional policy to address climate change and to achieving a healthier environment while main- ade, or more than six percent. Increased pro- promote technologies to reduce greenhouse taining jobs. Specifically, the conference duction of ethanol will greatly benefit the agri- gas emissions. In addition, the provision al- agreement includes a $1.8 billion authorization cultural industry in Southern Illinois. lows the Energy Department to authorize dem- for the Secretary of Energy to carry out the Mr. Speaker, this energy bill will shape en- onstration projects designed to test tech- Clean Coal Power Initiative, which will provide ergy policy for the next decade and beyond. I nologies that limit harmful emissions. The funding to those projects that can demonstrate am glad coal and ethanol remain an integral long-term solution to solving the global warm- advanced coal-based power generating tech- part of our energy future and I urge my col- ing problem lies in the creation of new tech- nologies that achieve significant reductions in leagues to support this legislation. nologies and the Federal Government has a emissions. Further, the bill authorizes $1.14 Mr. UDALL of New Mexico. Mr. Speaker, I key role to play in promoting technological in- billion for coal research and development. I rise today in support of the energy bill con- novations. I believe we should have done fought hard for robust funding for coal within ference report, but I do so with very strong more, something along the lines of the rec- the fossil energy research and development reservations. Although I believe we missed ommendations made recently by the National budget and I was glad to see they were in- many opportunities to make this energy bill Commission on Energy Policy, but it is critical cluded in the final version. truly comprehensive, I also believe that the that we do something, and this climate change Additionally, I authored two provisions which conference report is an improvement over the were retained in the final conference report provision is the least we can do to begin the House-passed energy bill. process of slowing global warming. and greatly benefit Southern Illinois. First, I se- It is a sad indictment of the way the Majority cured $75 million to create a program to de- is running this Congress that it has taken us I am very pleased that a provision included velop advanced technologies to remove car- 5 years to pass an energy bill and the final in the House-passed bill, giving $30 million to bon dioxide from coal emissions and perma- product falls far short of what I believe the uranium mining companies, was stripped from nently sequester it below ground. Illinois is American public wants. I will vote for this con- the bill. If enacted, this provision would have one of the leading states when it comes to re- ference report, but this bill lacks boldness and posed a grave threat to the water resources of search on carbon sequestration and Southern vision. There is more we can and must do to two Navajo communities in northwestern New Illinois is listed as one of the prime spots for reduce our dependence on foreign oil, lower Mexico where four uranium in-situ leach mines carbon sequestration, which is one of the skyrocketing gas prices, protect our environ- have been granted conditional licenses by the technologies the FutureGen project is de- ment, and steer our country in a more for- Nuclear Regulatory Commission. The pro- signed to use. Second, the bill authorizes the ward-thinking direction on energy policy. I am posed ISL mining—which could still happen Clean Coal Centers of Excellence. Under this pleased, however, that the bill makes strides even without the $30 million subsidy—would provision, the Secretary of Energy will award in encouraging alternative energy research leach uranium from an aquifer that provides competitive, merit-based grants to universities and production. Specifically, $3.2 billion is in- high-quality groundwater to municipal wells in that show the greatest potential for advancing cluded for renewable energy production incen- and near these communities—an aquifer that new clean coal technologies. Southern Illinois tives and $1.3 billion is allotted for energy effi- is the sole source of drinking water for an esti- University Carbondale (SIUC), which I rep- ciency and conservation. mated 15,000 Navajos. I thank the conferees resent, continues to be a leader in clean coal I was disappointed to see that a Renewable for heeding the wishes of over 200 members technology research, doing extensive work at Portfolio Standard, RPS, was not included in of the House—as well as the Navajo Nation its Coal Research Center. With funding and the bill. The Senate-passed bill included an Council—to strip this provision from the bill. collaborative support from industry and gov- RPS that would have required utilities to gen- The liability waiver for oil companies who ernment, SIUC has conducted long-term erate 10 percent of their electricity from re- used methyl tertiary-butyl ether, MTBE, which projects relating to surface mine reclamation, newable energy sources such as wind, solar, has contaminated 1,861 water systems serv- mine subsidence, coal desulfurization, coal biomass, and geothermal, by the year 2020. ing 45 million Americans in 29 States, includ- characterization and combustion, coal residue Studies conducted by the Energy Information ing New Mexico, was also changed in the final management and utilization, coal market mod- Administration illustrate that a federal RPS bill. I strongly opposed that provision, which

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00040 Fmt 0687 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 28, 2005 CONGRESSIONAL RECORD—HOUSE 18289 would have placed the coffers of oil compa- crease our ethanol and biodiesel production at included many options for integration of this nies ahead of Americans whose lives have a time when alternatives to foreign oil are emerging technology into the marketplace. I been adversely affected by this negligence. greatly needed. By ramping up the production am hopeful we will see more and more public Finally, one of my great concerns with the of alternative fuel sources, we are going to marketplace uses for hydrogen fuel cells. The House-passed bill was a provision allowing take positive steps toward more secure and fuel cell provisions in H.R. 6 help take us in drilling in the Arctic National Wildlife Refuge reliable means of meeting our energy de- that direction. (ANWR). I am glad this provision was stripped mands into the 21st century. This is a good plan that House Republicans in conference, and I will continue to oppose Kansas’ agriculture economy will also reap and the Bush Administration have been work- efforts by the oil industry to drill in ANWR. I the benefits of increased uses for crops. We ing on non-stop for more than 4 years. I am have witnessed first-hand the tremendously di- are learning more and more that today’s farm- very pleased we are finally successful in send- verse wildlife that will be hurt if drilling occurs ers not only put food on our tables but they ing a national energy plan to the President’s in the area. The small benefits are simply not also play an important role in reducing emis- desk. worth the cost. sions and helping us become less dependent Mr. FARR. Mr. Speaker, I rise in strong op- I would like to commend my home State on Middle East oil for our fuel needs. By ex- position to the Conference Report to H.R. 6, Senators—DOMENICI and BINGAMAN—who panding markets for agriculture commodities, the so-called comprehensive energy bill before worked together in a very bipartisan manner to producers and rural communities will see new us today. I urge my colleagues to vote against write this bill. I know it was a difficult task. I sources of revenue. this legislation, which represents bad energy look forward to working with them and with Another conservation provision in the en- policy, bad environmental policy, bad fiscal their counterparts here in the House, to con- ergy bill is the 4-week extension of Daylight policy, and bad nonproliferation policy. H.R. 6 does nothing to address the issue of tinue work on energy policy issues such as Savings Time. By simply extending Daylight Savings Time 3 weeks in the spring and 1 America’s continuing dependency on imported global warming, fuel efficiency standards, and oil. It does nothing to require more fuel effi- further reducing our energy dependence. week in the fall, we will reduce energy con- sumption equal to about 100,000 barrels of oil cient vehicles. It does nothing to reduce pump Mr. TIAHRT. Mr. Speaker, I rise today in prices now or in the future, but it does shower strong support of the Conference Report on per day for four weeks. This energy saving time provision will also contribute to lower wealthy oil and natural gas companies with H.R. 6. This comprehensive energy plan will unneeded tax breaks, royalty-free drilling on help America become more energy self-suffi- crime and fewer traffic fatalities. As we look toward the future, we also need public lands, and exemptions from environ- cient, create hundreds of thousands of new mental laws. jobs and spur innovation for accessing new to be realistic about current energy demands. That is why the energy bill helps oil and gas We can and must do better if we are to seri- energy sources. ously address the energy needs of our Nation. Nearly every sector of our economy is af- producers increase domestic production, ex- pand distribution capabilities and increase re- We should strike a sound policy balance by fected by high energy prices. Manufacturing pursuing improvements in fuel technology and facilities, the transportation industry and agri- fining capacity. H.R. 6 provides $2.6 billion in tax incentives to accomplish these goals. Cur- energy efficiency, maintaining a clean environ- cultural businesses all depend on affordable ment, and preserving our wilderness areas and reliable supplies of electricity, fuel and fer- rently, small refiners are eligible for percent- age depletion deductions if their refinery runs and public lands. tilizers to thrive in today’s international econ- Frankly, this bill is an embarrassment—after do not exceed 50,000 barrels on any day of omy. six years of discussion and negotiation, the the year. The energy bill increases that barrel All Americans, directly and indirectly, pay for best we have to offer is a bill that in effect pre- limit to 75,000 barrels, which will encourage the price of products or services that depend serves the status quo? Instead of providing greater production by America’s smaller refin- on various forms of energy. No one is immune forward-looking policy ideas for a sound en- ers. ergy future, H.R. 6 is content to drive us into from rising energy costs, and I am pleased the The energy Conference agreement contains the future by looking through the rearview mir- House has taken the lead in passing this long- just over $3 billion in tax incentives that will ror with its heavily weighted dependence on term energy plan to help address energy reli- bolster our electricity infrastructure. Measures ability, supply and prices. fossil fuels. such as reducing the depreciation period for Mr. Speaker, the majority of subsidies in The Conference Report provides tax incen- assets used in the transmission and distribu- tives within five main categories to improve H.R. 6 go to the oil, gas, coal and nuclear in- tion of electricity from 20 years to 15 years will dustries, leading to more pollution, more oil energy production, transportation and effi- encourage more upgrades to the system. And ciency. This balanced approach helps ensure drilling and more radioactive-waste-producing tax credits, such as the one for new nuclear nuclear power. we are taking care of current energy needs power facilities, will help investors and utilities while also planning for future demand. By contrast, only a small percentage of the take risks needed to create clean, reliable tax breaks would go to energy efficiency and If America wants an internationally competi- sources of electricity. tive economy that can fully contend with renewable energy incentives that could actu- Three separate tax credits were established ally save consumers money and reduce our emerging economic superpowers of the 21st for investments in clean coal facilities that century, we must take actions now to reduce dependence on dirty energy sources. produce electricity, and power plants will be By refusing to commit to improving and in- barriers to competitiveness. Having a secure able to amortize the cost of air pollution con- vesting in sustainable fuel technology, we are and reliable source of energy is vital to keep- trol facilities over 84 months. These incentives putting our technology and manufacturing in- ing and creating high-quality, high-paying jobs help energy producers meet stringent air qual- dustries at a competitive disadvantage at a in America. The provisions contained in this ity standards. By rewarding power plants that time when the rest of the planet is searching energy conference agreement are reliable op- accelerate implementation of pollution con- for alternatives to fossil fuels. tions the private sector can use to make us trols, we are helping create a cleaner environ- American consumers are being squeezed at more competitive. ment. the pump while the big oil companies are Other countries have been more pro-active Kansas is known for many wonderful things; reaping record profits and the Republican than we have in preparing for future energy one trait not so popular is our abundant Leadership is passing an energy bill that will needs. Brazil is projected to be completely en- source of wind. But as we find better ways to further raise gas prices. ergy self-sufficient within a few years. What harness this natural Kansas resource, Kansas’ How in good faith can we go back to our once was considered an illusory dream may abundant supply of wind may prove invalu- constituents with a national energy policy that now become reality because Brazil recognized able. The energy bill contains numerous tax does not address the future, does not address a problem and committed to a long-term solu- incentives aimed at helping expand alternative short term fixes or long term solutions? tion. It may have taken them years to develop sources of energy such as wind. Many Kansas I urge my colleagues to oppose this legisla- renewable energy sources, but Brazil is now a landowners have also expressed strong sup- tion so we can develop a comprehensive en- leader in ethanol production. As a result, its port for expanded use of wind energy. Small ergy policy that looks to the future and doesn’t economy has been able to curb costs associ- wind farms can provide increases in the local rely on repackaged out-dated technologies ated with higher crude oil prices. tax base while creating additional revenue for from the past. H.R. 6 provides a renewable fuel standard the landowners. Mr. WICKER. Mr. Speaker, the Energy Pol- that requires 7.5 billion gallons to be used an- Hydrogen fuel cell technology continues to icy Act that the House passed yesterday in- nually by 2012. This provision will help in- improve, and I am pleased the final energy bill cludes a commitment by Congress to make a

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00041 Fmt 0687 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 18290 CONGRESSIONAL RECORD—HOUSE July 28, 2005 significant investment for research and devel- Lehman Marks, the founder and director of the quired in gasoline by 2012, but this bill could opment into renewable and alternative sources Dell-Winston Race described it as ‘‘A Chal- have done so much more to liberate our Na- of energy. As demand for clean and reliable lenge that helps teach high school students tion from Saudi Arabian and Middle Eastern oil energy increases, it is imperative that Amer- the 21st century skills they need to be suc- and move our Nation toward a sustainable ica’s young people be introduced and edu- cessful in the future, whether it’s to become and energy-independent future. cated in conservation and alternative energy. the scientists and engineers of tomorrow or Mr. Speaker, this is an energy bill for 1950, To decrease foreign dependence, we must in- wherever their paths may lead.’’ not 2050. It would have been difficult to sup- crease our knowledge and ability to foster our I am encouraged when I see future leaders port this outmoded policy decades ago, and I own forms of energy. With that in mind, it is taking the initiative to compete and excel in certainly cannot vote for it today. with great pleasure that I inform this body of this demanding contest. Programs like this Ms. DELAURO. Mr. Speaker, of everything some recent educational achievements in al- demonstrate the importance of implementing that can be said about this $15 billion give- ternative energy sources. new education techniques. Projects outside away to the oil and gas industry—that it does The Dell-Winston Solar Challenge is an the classroom environment generate learning nothing to alleviate the record high costs of oil, educational competition among high school that enhances knowledge students receive nothing to reduce our dependence on oil—the teams from across our Nation using solar from traditional instruction. The challenges in worst may be that it is a missed opportunity. powered cars. The competition began ten the fields of math and science are changing, And that is because it fails to harness Amer- years ago at the Winston School in Dallas, and I am proud that Mississippi’s educators ica’s entrepreneurial spirit to develop new Texas, to promote science and engineering to are training students to meet these challenges sources of energy. It is a continuation of the high school students. This unique competition head on. status quo at a time when we need a new has grown significantly since its inception. The success of the Houston solar race team American energy policy—bold new thinking to Technology and Learning magazine has has spread statewide, and many other Mis- foster energy independence and grow our Na- named this Solar Race Challenge as one of sissippi schools are beginning to experiment in tion’s economy in a way that addresses the the 10 Most Innovative Projects in Education. alternative energy education programs. It is threat of global warming. In an effort to produce a competitive solar- good to see young Mississippians leading the But instead, this bill provides billions in tax powered vehicle, teams spent up to eighteen way through these innovative projects. Con- breaks for oil companies already reaping months designing and building the sun-fueled gratulations to the Houston Solar Race Team record profits. It does little to encourage devel- racers. The nine teams crossed the finish line for an extraordinary performance and a job opment of new forms of energy. And it re- at the Jet Propulsion Laboratory in Pasadena, well done. The city of Houston, Chickasaw stricts States’ abilities to protect their own nat- California, after an eight-day race that began County, the entire State of Mississippi, and the ural resources. in Round Rock, Texas. The 1600-mile com- United States of America are very proud of Mr. Speaker, Americans are rightly con- petition concluded this year as the winning you. cerned about how our dependence on foreign team set a new race record with a top speed Ms. MCCOLLUM of Minnesota. Mr. Speak- oil affects our foreign policy. This bill does of 57 miles per hour. I am immensely proud er, Congress had the opportunity and the nothing to reduce that dependence. If any- that the winner of this race is located in my charge to develop a comprehensive energy thing, it enshrines that dependence into law. district, from the city of Houston, Mississippi. policy that would make America safer, de- Today we import 58 percent of our oil, and by This race team from a town with about crease our dependency on foreign oil, and in- 2025 we will still import between 64 and 68 4,000 people consistently dominates the com- vest in the next generation of clean and re- percent of our oil, even after enacting this leg- petition from much larger cities and schools. newable energy. islation. Nor does it reduce skyrocketing gaso- This remarkable team from the Houston Voca- Unfortunately, H.R. 6 fails the current and line prices—something even the president has tional Center is under the guidance of adviser future needs of our Nation miserably. As gas conceded. and race coach Keith Reese. The team in- prices and oil industry profits rise, this bill re- And that is because this bill rejects common cludes: captain Katie Weaver and members wards oil and gas companies with $2.8 billion sense ideas that could help us reduce our Tyler Davis, Austin Jordan, Stefanie Barkley, in tax breaks and provides $1.4 billion in tax need for foreign oil. The conference committee Brister Bishop, Matt Jernigan, David Peel, breaks for coal producers. These corporate rejected a measure that would have required Leign Anna Springer, Mason Faulkner, giveaways only continue our addiction to Mid- America to decrease its oil consumption by 5 Quinton Grice, Callie Weaver, Katie Weaver, dle Eastern oil and enable our dependency on percent by 2015. At a time when Americans Jesse Lal, Roderick Wiley, and Andrea West- old and polluting technologies. are fed-up with high gasoline prices, we moreland. I am proud of each one these indi- Mr. Speaker, the U.S. needs to be a world should be looking for ways to reduce their viduals. Their hard work and dedication is evi- leader in energy self-sufficiency through con- need to fill-up at the pump. But the committee dent in the finished product. servation, alternative energy sources, and re- also rejected a modest proposal that would The winning tradition of this team includes sponsible leadership from the White House have increased the fuel efficiency of our cars more than the aforementioned teachers and and Congress. Regrettably, this bill fails on all by one mile per gallon per year for the next 15 students. This project has grown into a com- those counts. It neglects to include a Renew- years. munity event. Support from the City of Hous- able Portfolio Standard, which would have re- The final version of this bill also rejects a ton is as consistent as the team’s success. It quired large electric companies to obtain 10 Senate proposal to require utilities to generate is evident that these constituents have recog- percent of their power from clean renewable 10 percent of their electricity from renewable nized the positive impact projects like these energy sources by 2020. This act, once again, sources by 2020. This provision would have provide. fails to increase much-needed fuel efficiency helped us to significantly reduce our depend- Year after year dedicated students and standards of cars and trucks. ence on traditional polluting sources of elec- teachers build and race these advanced solar As if this bill was not already bad enough, tricity. Another missed opportunity. powered machines. This year marks the fifth a new provision appeared after the conference As if the lack of new thinking in this bill consecutive time the Houston Race Team has committee had adjourned, which steers $1.5 weren’t enough, it also declares war on won the coveted title. To quote Bubba Weir, billion to a private consortium located in the States’ rights when it comes to protecting their the Executive Director of The Mississippi Alter- home district of Republican Majority Leader citizens. The bill would eviscerate the role of native Energy Enterprise, ‘‘The Program inte- TOM DELAY. It provides that the consortium, of the States in the siting of LNG facilities and grates classroom principles in a real-life situa- which Halliburton is a member, can keep up to grant sole jurisdiction in such matters to the tion that fosters learning and encourages the 10 percent of the funds for administrative pur- Federal Energy Regulatory Commission, students to work to the best of their ability.’’ poses. This is an outrage and a mockery of FERC. This provision flies in the face of the This team brings much more than a trophy the democratic process. Coastal Zone Management Act. CZMA is a back to Mississippi; they bring a renewed em- America deserves a comprehensive energy unique partnership between coastal States phasis and excitement to the fields of science policy that invests in the development of the and the Federal Government that allows and energy research. As the number of stu- next generation of fuel sources like fuel cells, States to protect their own coastal resources. dents studying math and science decreases hydrogen power and home grown Minnesota This is an especially important law for Con- nationwide, programs such as these pay divi- fuels like ethanol. I was pleased to see the necticut, where the commerce that comes dends in increased interest in these fields. Dr. measure tripling the amount of ethanol re- from the Long Island Sound fishing grounds,

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00042 Fmt 0687 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 28, 2005 CONGRESSIONAL RECORD—HOUSE 18291 ports and recreational area makes it a $5 bil- ing authorizations of appropriations under of science. These documents and studies are lion economic asset. Because our State’s Subtitle I of the Solid Waste Disposal Act. then paraded forward as if they are risk as- economy depends on the Long Island Sound, Should it be necessary, I intend to imme- sessments. This sense of Congress specifi- we believe that the State has the obligation to diately pursue statutory changes necessary to cally finds such an approach unacceptable. I protect it from possible environmental harm. ensure proper use of collected transportation want to note that use of the weight of the sci- Rather than passing this legislation, we fuel taxes in the LUST program under the entific evidence is a specific recommendation ought to be reducing our dependence on for- Solid Waste Disposal Act. in the 1997 Final Report of the Presidential/ eign oil by improving our energy efficiency and Second, Section 1530 on Title XV address- Congressional Commission on Risk Assess- maximizing our domestic energy production in es additional methods to protect groundwater, ment and Risk Management. On page 4 of an environmentally sound way—by investing including state requirements on the use of that report the Commission states: ‘‘A good in cleaner, more secure energy sources such secondarily contained underground storage risk management decision . . . is based on a as solar, wind, biomass and fuel cell tech- tank systems or conversely requiring states to careful analysis of the weight of scientific evi- nology. My State of Connecticut is a leader in use installer and manufacturer requirements. If dence that supports conclusions about a prob- fuel cell technology, with several businesses a state chooses secondary containment, then lem’s potential risks to human health and the doing research that is on the cusp of revolu- any new installation of an underground stor- environment.’’ On page 23 of that report the tionizing the way our Nation powers its homes, age tank that is within 1,000 feet of community Commission states: ‘‘Making judgments about cars and businesses. This bill should be in- water system or potable water well must be risk on the basis of scientific information is vesting in American small businesses like Pro- secondarily contained. In addition, any tank or called ‘evaluating the weight of the evidence.’ ton Energy in Wallingford, Nxegen in Middle- piping that is replaced on an underground .... It is important that risk assessors re- town and Danbury’s Fuel Cell Energy—com- storage tank that is within 1,000 feet of a com- spect the objective scientific basis of risk and panies that already do over $300 million worth munity water system or potable water well procedures for making inferences in the ab- of fuel cell business and move us closer to must be secondarily contained. Repairs to an sence of adequate data.’’ On page 38 of that true energy independence. underground storage tank system, as defined report the Commission states: ‘‘Risk assessors Mr. Speaker, this bill proposes 20th century by the Environmental Protection Agency and economists are responsible for providing solutions for 21st century energy challenges. It (EPA), do not trigger any secondary contain- decision-makers with the best technical infor- neglects the realities of a changing world— ment requirements and gasoline dispensers mation available or reasonably attainable, in- that our dependence on foreign oil has real must also be addressed as part of the sec- cluding evaluations of the weight of the evi- consequences for our foreign policy, that the ondary containment strategy. If, however, a dence that supports different assumptions and warming of the planet will have a serious im- state chooses installer and manufacturer cer- conclusions. pact on the lives of all Americans. It ignores tification, as well as financial responsibility re- It is important the Federal agencies conform our entrepreneurial spirit and technological quirements, this section requires tank install- their risk assessment practices to these prin- know-how to develop and harness new forms ers and manufacturers to follow professional ciples. of energy. And it ignores the rights of States guidelines for tank products or comply with GENERAL LEAVE to look after the interests of their citizens. one of the new statutory requirements that are Mr. BARTON of Texas. Mr. Speaker, America can do better—and deserves bet- similar to subsections (d) and (e) of 40 CFR I ask unanimous consent that all Mem- ter—than this conference report. I urge my 280.20. In addition, this section requires in- bers may have 5 legislative days within colleagues to oppose it. stallers and manufacturers to maintain evi- which to revise and extend their re- Mr. BARTON of Texas. Mr. Speaker, one of dence of financial assurance to help pay cor- marks and include extraneous material the features of H.R. 6 that will make a material rective action costs that are directly relatable on H.R. 6. difference in the protection of groundwater are to a faulty tank part or installation. The lone The SPEAKER pro tempore. Is there the provisions making key reforms to the exception to the financial assurance require- objection to the request of the gen- Leaking Underground Storage Tank (LUST) ment is where a tank owner or operator, who tleman from Texas? program. The lack of serious attention to leak- already maintains evidence of financial re- There was no objection. ing tanks has been one of the main causes of sponsibility under Section 9003 of the Solid The SPEAKER pro tempore. All time groundwater and drinking water contamination Waste Disposal Act, is also the installer or for debate on the conference report has by fuel and fuel additives. I applaud our Sub- manufacturer of the underground storage tank. expired. committee Chairman, PAUL GILLMOR, who au- I want to make clear that with respect to the Without objection, the previous ques- thored the LUST provisions in H.R. 6 and that financial responsibility option, the conference tion is ordered on the conference re- I have enthusiastically included in this legisla- report references the existing financial respon- port. tion. In addition, I agree with and support his sibility authority contained in section 9003( d) There was no objection. interpretation of these provisions, as outlined of the Solid Waste Disposal Act that applies to The SPEAKER pro tempore. The in his Extension of Remarks that appeared in owners and operators, and as such, it is the question is on the conference report. the CONGRESSIONAL RECORD on July 28, 2005, intent of this legislation that all of the authori- The question was taken; and the on pages H6964–H6966. There are two spe- ties and flexibilities contained in 9003( d) Speaker pro tempore announced that cific provisions that deserve special mention. apply to underground storage tank installers the ayes appeared to have it. First, in order to avoid the creation of un- and manufacturers in the same way that they Mr. BARTON of Texas. Mr. Speaker, funded mandates, the reference to Section currently apply to owners and operators of un- on that I demand the yeas and nays. 9508(c)(1) of the Internal Revenue Code in derground storage tanks. The yeas and nays were ordered. the newly created section 9014(2) of the Solid H.R. 6 also adds a new section 3022 to The SPEAKER pro tempore. Pursu- Waste Disposal Act should be considered to Title XXX of the Energy Policy Act of 1992. ant to clause 8 of rule XX, this 15- mean Section 9508(c) of the Internal Revenue The new section states: ‘‘It is the sense of minute vote on adoption of the con- Code in order to reflect changes made to Title Congress that Federal agencies conducting ference report on H.R. 6 will be fol- XIII, Subtitle F, Section 1362. This Section of assessments of risks to human health and the lowed by 5-minute votes on H. Res. 392 H.R. 6 creates a new Section 6430 at the end environment from energy technology, produc- and H. Res. 396. of Subchapter B of Chapter 65. It amends tion, transport, transmission, distribution, stor- The vote was taken by electronic de- Section 9508(c) by striking the existing sub- age, use, or conservation activities shall use vice, and there were—yeas 275, nays section 9508(c)(2) and renumbering sub- sound and objective scientific practices in as- 156, not voting 3, as follows: section 9508(c)(1) as subsection 9508(c). As sessing such risks, shall consider the best the chief author of this bill, it was never my in- available science (including peer reviewed [Roll No. 445] tent to see LUST defunded and this instance studies), and shall include a description of the YEAS—275 should not be interpreted nor construed as weight of the scientific evidence concerning Abercrombie Baker Beauprez nothing more than a drafting error since the Aderholt Barrett (SC) Berry such risks.’’. Akin Barrow Biggert historical construct and intent of the provisions For too long, documents and studies have Alexander Barton (TX) Bilirakis in section 9014(2) of the Solid Waste Disposal been produced that do not reflect science, but Baca Bass Bishop (GA) Act are consistent with past versions address- rather a given policy bias mixed with elements Bachus Bean Bishop (UT)

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00043 Fmt 0687 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 18292 CONGRESSIONAL RECORD—HOUSE July 28, 2005 Blackburn Hart Otter Brown-Waite, Israel Pascrell The vote was taken by electronic de- Blunt Hastert Oxley Ginny Jackson (IL) Pastor vice, and there were—yeas 402, nays 4, Boehner Hastings (WA) Pearce Capps Jones (NC) Paul Bonilla Hayes Pence Capuano Jones (OH) Pelosi answered ‘‘present’’ 23, not voting 4, as Bono Hayworth Peterson (MN) Cardin Kaptur Price (NC) follows: Carnahan Keller Boozman Hefley Peterson (PA) Putnam [Roll No. 446] Boren Hensarling Petri Case Kelly Rangel Boswell Herger Pickering Castle Kennedy (RI) Rohrabacher YEAS—402 Chandler Kildee Boucher Herseth Pitts Ros-Lehtinen Abercrombie Davis (IL) Inslee Clay Kilpatrick (MI) Boustany Hinojosa Platts Rothman Ackerman Davis (KY) Israel Cleaver Kind Brady (TX) Hobson Poe Roybal-Allard Aderholt Davis (TN) Issa Conyers Kucinich Brown (SC) Hoekstra Pombo Royce Alexander Davis, Jo Ann Istook Cooper Langevin Burgess Holden Pomeroy Sabo Allen Davis, Tom Jackson (IL) Crenshaw Lantos Burton (IN) Hostettler Porter Sa´ nchez, Linda Andrews Deal (GA) Jackson-Lee Crowley Larson (CT) Butterfield Hoyer Price (GA) T. Baca DeFazio (TX) Cummings Lee Buyer Hulshof Pryce (OH) Sanchez, Loretta Bachus DeGette Jefferson Davis (CA) Lewis (GA) Calvert Hunter Radanovich Sanders Baird Delahunt Jenkins Davis (FL) LoBiondo Camp Hyde Rahall Saxton Baker DeLauro Jindal Davis (IL) Lofgren, Zoe Cannon Inglis (SC) Ramstad Schiff Baldwin DeLay Johnson (CT) DeFazio Lowey Cantor Issa Regula Schwartz (PA) Barrow Dent Johnson (IL) DeGette Lynch Capito Istook Serrano Barton (TX) Diaz-Balart, L. Johnson, E. B. Rehberg Delahunt Mack Cardoza Jackson-Lee Bass Diaz-Balart, M. Johnson, Sam Reichert DeLauro Maloney Shaw Carson (TX) Bean Dicks Jones (OH) Renzi Diaz-Balart, L. Markey Shays Carter Jefferson Beauprez Doggett Kanjorski Reyes Diaz-Balart, M. Matsui Sherman Chabot Jenkins Becerra Doolittle Kaptur Reynolds Doggett McCarthy Smith (NJ) Chocola Jindal Berkley Doyle Keller Rogers (AL) Emanuel McCollum (MN) Smith (WA) Clyburn Johnson (CT) Berman Drake Kelly Rogers (KY) Engel McDermott Solis Coble Johnson (IL) Berry Dreier Kennedy (MN) Rogers (MI) Eshoo McGovern Stark Cole (OK) Johnson, E. B. Biggert Duncan Kennedy (RI) Ross Farr McKinney Tauscher Conaway Johnson, Sam Bilirakis Edwards Kildee Ruppersberger Fattah McNulty Taylor (MS) Costa Kanjorski Bishop (GA) Ehlers Kilpatrick (MI) Rush Feeney Meehan Thompson (CA) Costello Kennedy (MN) Bishop (NY) Emanuel Kind Ryan (OH) Filner Meek (FL) Tierney Cox King (IA) Bishop (UT) Emerson King (NY) Ryan (WI) Fitzpatrick (PA) Menendez Udall (CO) Cramer King (NY) Blackburn Engel Kingston Ryun (KS) Flake Michaud Van Hollen Cubin Kingston Blumenauer English (PA) Kirk Salazar Foley Millender- Vela´ zquez Cuellar Kirk Blunt Eshoo Kline Schwarz (MI) Frank (MA) McDonald Wasserman Culberson Kline Boehlert Etheridge Knollenberg Grijalva Miller (FL) Schultz Cunningham Knollenberg Scott (GA) Boehner Evans Kolbe Gutierrez Miller (NC) Waters Davis (AL) Kolbe Scott (VA) Bonilla Everett Kucinich Harman Miller, George Watson Davis (KY) Kuhl (NY) Sensenbrenner Bonner Farr Kuhl (NY) Harris Moore (WI) Watt Davis (TN) LaHood Sessions Bono Fattah LaHood Hastings (FL) Moran (VA) Waxman Davis, Jo Ann Larsen (WA) Shadegg Boozman Feeney Langevin Higgins Nadler Weiner Davis, Tom Latham Sherwood Boren Ferguson Lantos Hinchey Neal (MA) Weldon (FL) Deal (GA) LaTourette Shimkus Boswell Filner Larsen (WA) Holt Obey Wexler DeLay Leach Shuster Boucher Fitzpatrick (PA) Larson (CT) Honda Olver Woolsey Dent Levin Simmons Boustany Foley Latham Hooley Owens Wu Dicks Lewis (CA) Simpson Boyd Forbes LaTourette Inslee Pallone Young (FL) Dingell Lewis (KY) Skelton Bradley (NH) Ford Leach Doolittle Linder Slaughter NOT VOTING—3 Brady (TX) Fortenberry Lee Doyle Lipinski Smith (TX) Brown (OH) Fossella Levin Drake Lucas Snyder Brady (PA) Payne Schakowsky Brown (SC) Frank (MA) Lewis (CA) Dreier Lungren, Daniel Sodrel Brown, Corrine Frelinghuysen Lewis (GA) Duncan E. Souder b 1310 Brown-Waite, Gallegly Lewis (KY) Edwards Manzullo Spratt Ms. SCHWARTZ of Pennsylvania, Ms. Ginny Garrett (NJ) Linder Ehlers Marchant Stearns CORRINE BROWN of Florida, and Burgess Gerlach Lipinski Emerson Marshall Strickland Burton (IN) Gibbons LoBiondo English (PA) Matheson Stupak Messrs. SERRANO, KIND, BARTLETT Butterfield Gilchrest Lofgren, Zoe Etheridge McCaul (TX) Sullivan of Maryland, and DAVIS of Illinois Buyer Gillmor Lowey Evans McCotter Sweeney changed their vote from ‘‘yea’’ to Calvert Gingrey Lucas Everett McCrery Camp Gonzalez Lynch Tancredo ‘‘nay.’’ Ferguson McHenry Tanner Cannon Goode Mack Forbes McHugh Taylor (NC) Ms. HERSETH, Mr. GILCHREST, and Cantor Goodlatte Maloney Ford McIntyre Terry Mr. SCOTT of Virginia changed their Capito Gordon Manzullo Fortenberry McKeon Thomas Capps Granger Marchant Fossella McMorris vote from ‘‘nay’’ to ‘‘yea.’’ Thompson (MS) Cardin Graves Markey Foxx Meeks (NY) So the conference report was agreed Thornberry Cardoza Green (WI) Marshall Franks (AZ) Melancon Carnahan Tiahrt to. Green, Al Matheson Frelinghuysen Mica Carson Green, Gene Matsui Tiberi The result of the vote was announced Gallegly Miller (MI) Carter Grijalva McCarthy Towns Garrett (NJ) Miller, Gary as above recorded. Case Gutierrez McCaul (TX) Turner Gerlach Mollohan A motion to reconsider was laid on Castle Hall McCollum (MN) Udall (NM) Gibbons Moore (KS) Chabot Harman McCotter Upton the table. Gilchrest Moran (KS) Chandler Harris McCrery Gillmor Murphy Visclosky f Chocola Hart McDermott Gingrey Murtha Walden (OR) Clay Hastings (FL) McGovern Gohmert Musgrave Walsh WAIVING POINTS OF ORDER Cleaver Hastings (WA) McHenry Gonzalez Myrick Wamp AGAINST CONFERENCE REPORT Clyburn Hayes McHugh Weldon (PA) Goode Napolitano ON H.R. 2361, DEPARTMENT OF Coble Hayworth McIntyre Goodlatte Neugebauer Weller Cole (OK) Herger McKeon Gordon Ney Westmoreland THE INTERIOR, ENVIRONMENT, Conaway Herseth McKinney Granger Northup Whitfield AND RELATED AGENCIES APPRO- Conyers Higgins McMorris Graves Norwood Wicker PRIATIONS ACT, 2006 Costa Hinchey McNulty Green (WI) Nunes Wilson (NM) Costello Hinojosa Meehan Green, Al Nussle Wilson (SC) The SPEAKER pro tempore (Mr. Cox Hobson Meek (FL) Green, Gene Oberstar Wolf SIMPSON). The pending business is the Cramer Hoekstra Meeks (NY) Gutknecht Ortiz Wynn Crenshaw Holden Melancon Hall Osborne Young (AK) question of agreeing to the resolution, Crowley Holt Menendez House Resolution 392, on which the Cubin Honda Mica NAYS—156 yeas and nays are ordered. Cuellar Hooley Michaud Culberson Hostettler Millender- Ackerman Becerra Bonner The Clerk read the title of the resolu- Cummings Hoyer McDonald Allen Berkley Boyd tion. Cunningham Hulshof Miller (MI) Andrews Berman Bradley (NH) The SPEAKER pro tempore. The Davis (AL) Hunter Miller (NC) Baird Bishop (NY) Brown (OH) Davis (CA) Hyde Miller, Gary Baldwin Blumenauer question is on the resolution. Brown, Corrine Davis (FL) Inglis (SC) Miller, George Bartlett (MD) Boehlert This will be a 5-minute vote.

VerDate Sep 11 2014 09:41 Feb 22, 2017 Jkt 000000 PO 00000 Frm 00044 Fmt 0687 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK14\NO-SSN\BR28JY05.DAT BR28JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE