Dianne Feinstein on Energy & Oil
Democratic Sr Senator (CA)
When the measure finally came to a vote, my amendment won handily on a bipartisan vote of 73 to 27 margin. Democrats had been persuaded by senators like Dianne Feinstein who argued, "Ethanol is the only industry that benefits from a triple crown of government intervention. Its use is mandated by law, it is protected by tariffs, and companies are paid by the federal government to use it."
Meanwhile, nearly all Republicans who had signed Norquists's "Taxpayer Protection Pledge," which Norquist had decided to interpret inappropriately, joined me in supporting genuine tax reform.
Proponent's Argument for voting Yes:
[Sen. McConnell, R-KY]: The White House is trying to impose a backdoor national energy tax through the EPA. It is a strange way to respond to rising gas prices. But it is perfectly consistent with the current Energy Secretary's previously stated desire to get gas prices in the US up to where they are in Europe.
Opponent's Argument for voting No:
[Sen. Lautenberg, D-NJ]:We hear the message that has been going around: Let's get rid of the EPA's ability to regulate. Who are they to tell us what businesses can do? Thank goodness that in this democratic society in which we live, there are rules and regulations to keep us as a civilized nation. The Supreme Court and scientists at the Environmental Protection Agency agreed that the Clean Air Act is a tool we must use to stop dangerous pollution. This amendment, it is very clear, favors one group--the business community. The Republican tea party politicians say: "Just ignore the Supreme Court. Ignore the scientists. We know better." They want to reward the polluters by crippling EPA's ability to enforce the Clean Air Act.
Status: Failed 50-50 (3/5 required)
Proponent's argument to vote Yes:Sen. LINDSEY GRAHAM (R, SC): The climate change proposal that was in the President's budget would create a massive tax increase on anybody who uses energy, and that would be every American middle-class family, which already has a tough time getting by. This [amendment creates a procedure to block] any bill that would raise the cost of energy on our middle-class families who are struggling to get by. I ask the Senate to rally around this concept. We can deal with climate change without passing a $3,000-per-household energy tax on the families of America who are having a hard time paying their bills.
Opponent's argument to vote No:No senators spoke against the amendment.
Sec. 202 is amended by inserting at the end the following: "The Chairman of the Senate Committee on the Budget shall not revise the allocations in this resolution if the legislation is reported from any committee pursuant to sec. 310 of the Congressional Budget Act of 1974."
Proponent's argument to vote Yes:Sen. LINDSEY GRAHAM (R, SC): This idea to most people of a debate about reconciliation probably is mind-numbing and not very interesting. But there is a process in the Congress where you can take legislation and basically put it on a fast track. It is subject to 50 votes.
The whole idea of the Senate kind of cooling things down has served the country well. In that regard, to end debate you need 60 votes. If 41 Senators are opposed to a piece of legislation, strongly enough to come to the floor every day and talk about it, that legislation doesn't go anywhere. If you took climate change and health care, two very controversial, big-ticket items, and put them on the reconciliation track, you would basically be doing a lot of damage to the role of the Senate in a constitutional democracy.
Senator Byrd, who is one of the smartest people to ever serve in the Senate about rules and parliamentary aspects of the Senate, said that to put climate change and health care reform in reconciliation is like "a freight train through Congress" and is "an outrage that must be resisted." Senator Conrad said: "I don't believe reconciliation was ever intended for this purpose."
I think both of them are right. Under the law, you cannot put Social Security into reconciliation because we know how controversial and difficult that is. I come here in support of the Johanns amendment that rejects that idea.
Opponent's argument to vote No:No senators spoke against the amendment.
Congressional Summary:A bill to amend the Internal Revenue Code of 1986 to provide Tax incentives for energy production and conservation, to extend certain expiring provisions, and to provide individual income tax relief.
Opponents argument for voting NAY:Sen. SPECTER: H.R. 6049 would revive important tax provisions that expired at the end of 2007 and extend provisions that are set to expire at the end of 2008. I support extension of the R&D tax credit, the renewable energy tax incentives, and many other important provisions in this package.
Despite the positive elements of this legislation, the main sticking point is whether temporary extensions of tax relief should be offset with permanent tax increases elsewhere. The White House issued a statement recommending a Presidential veto of this bill in its current form. [Vote NAY to] allow the Senate to work its will and pass legislation that can be quickly signed by the President.
But what happens with the DeMint motion, he gives China and India a veto power over what we should be doing. Imagine saying we are not going to do anything about human rights until China acts. Why would we give up our chance to take the mantle of leadership and finally grab hold of this issue? I cannot look into the eyes of my grandchildren and tell them: Sorry, I am giving over my proxy to China & India, and I can't do anything about it.
Proponents support voting YES because:
This legislation seeks to end the unwarranted tax breaks & subsidies which have been lavished on Big Oil over the last several years, at a time of record prices at the gas pump and record oil industry profits. Big Oil is hitting the American taxpayer not once, not twice, but three times. They are hitting them at the pump, they are hitting them through the Tax Code, and they are hitting them with royalty holidays put into oil in 1995 and again in 2005.
It is time to vote for the integrity of America's resources, to vote for the end of corporate welfare, to vote for a new era in the management of our public energy resources.
Opponents support voting NO because:
I am wearing this red shirt today, because this shirt is the color of the bill that we are debating, communist red. It is a taking. It will go to court, and it should be decided in court.
This bill will increase the competitive edge of foreign oil imported to this country. If the problem is foreign oil, why increase taxes and make it harder to produce American oil and gas? That makes no sense. We should insert taxes on all foreign oil imported. That would raise your money for renewable resources. But what we are doing here today is taxing our domestic oil. We are raising dollars supposedly for renewable resources, yet we are still burning fossil fuels.
Status: Bill passed Bill passed, 65-27
Proponents recommend voting YES because:
Our NOPEC bill will authorize filing suit against nations that participate in a conspiracy to limit the supply, or fix the price, of oil. In addition, it will specify that the doctrines of sovereign immunity do not exempt nations that participate in oil cartels from basic antitrust law.
Opponents recommend voting NO because:
No one likes OPEC. But this amendment, in my opinion, would make bad law. The Framers of the Constitution wisely assigned responsibility for formulating foreign policy and conducting foreign relations to the President and to the Congress, not to the law courts.
The amendment before us has its roots in a lawsuit filed by the labor union nearly 30 years ago. The union at that time charged OPEC with price fixing in violation of our antitrust laws. The trial court dismissed the case on the ground that OPEC members are sovereign nations and are immune from suit. Adopting the amendment will undoubtedly be very popular, but it is also very unwise.
In addition, we here in the Senate ought to consider how enactment of this amendment might affect our relations with OPEC members. What will be the international repercussions when the US starts awarding judgments against foreign nations and attaching their assets in this country? Will other nations start to view our trade policies--such as our nuclear trade restrictions--as violations of their antitrust laws?
Proponents recommend voting YES because:
It just seems logical that we ask the Corps of Engineers to include in their analyses, judgments about the potential impact of global climate change. All this amendment seeks to do, as a matter of common sense, is to ask the Army Corps of Engineers to factor climate change into their future plans. Secondly, we are making a statement here to finally recognize the reality of what is happening with respect to climate change.
Opponents recommend voting NO because:
The same people today who are saying we are all going to die from global warming, just back in the middle 1970s were saying another ice age is coming and we are all going to die. Which way do you want it?
If a surge of anthropogenic gases--this CO2, methane, or whatever it is--were causing a warming period, then around 1945 we would have a warming period because in the middle 1940s we had the greatest increase in greenhouse gases. But what happened? It did not precipitate a warming period.
Peer reviewed evidence shows that the sun has actually been driving the temperature change. You don't have to be a scientist to know that the Sun can have something to do with climate change.
Implementing Kyoto would reduce the average annual household income nearly $2,700, at a time when the cost of all goods would rise sharply.
Modernize Environmental Policies
National environmental policies, mostly developed in the 1970s, have been remarkably successful in improving the quality of our air and water. But we face a new set of environmental challenges for which the old strategy of centralized, command-and-control regulation is no longer effective.
The old regime of prohibitions and fines levied on polluters is not well equipped to tackle problems such as climate change, contamination of water from such sources as farm and suburban runoff, loss of open lands, and sprawl. Without relaxing our determination to maintain and enforce mandatory national standards for environmental quality, it is time to create more effective, efficient, and flexible ways of achieving those standards.
For example, a system of tradable emissions permits would give factories, power plants, and other sources of air pollution and greenhouse gases a powerful incentive not only to meet but to exceed environmental standards. Decisions about solving local environmental problems should be shifted from Washington to communities, without weakening national standards. Finally, to empower citizens and communities to make sound decisions, government should invest in improving the quality and availability of information about environmental conditions.
Mr. President: A recent federal court decision regarding energy efficient air conditioners is a significant victory for consumers, for the environment, and for our nation's energy future. We respectfully request that you do not appeal the decision to the U.S. Supreme Court.
Last month, the U.S. Court of Appeals for the Second District (Natural Resources Defense Council et al v. Abraham, Docket 01-4102) affirmed that central air conditioners sold beginning in 2006 must be at least 30% more energy efficient than those available today.
Air conditioners are a necessary modern convenience but are also major users of electricity. On hot days, cooling homes and businesses is the largest category of electricity demand. Requiring air conditioners to be as energy efficient as possible will begin to reduce the stress on the electricity generation and transmission network and decrease the likelihood of blackouts that many regions of the country experience during warm weather conditions.
Air conditioners that meet the Seasonal Energy Efficiency Rating 13 standard will provide benefits for consumers, the environment, and the nation. The SEER 13 standard will alleviate the need for additional electricity production and transmission resulting in as many as 48 fewer power plants required by 2020. This standard will also result in less harmful air pollution being emitted into the atmosphere. Moreover, by 2020 power plant emissions of carbon dioxide will be 2.5 million tons lower as a result, and emissions of mercury, sulfur dioxide, and nitrogen oxides will also be held down resulting in cleaner air and healthier citizens.
Finally, the higher standard can be expected to save businesses and residential consumers $1 billion per year in lower electricity bills. Lower electricity bills will recover the slightly higher purchase cost for the more efficient air conditioners in less than 18 months.
OFFICIAL CONGRESSIONAL SUMMARY: A bill to provide for a program of scientific research on abrupt climate change, to accelerate the reduction of greenhouse gas emissions in the US by establishing a market-driven system of greenhouse gas tradeable allowances, to limit greenhouse gas emissions in the US and reduce dependence upon foreign oil, and ensure benefits to consumers from the trading in such allowances.
SPONSOR'S INTRODUCTORY REMARKS: Sen. McCAIN: This bill is designed to begin a meaningful and shared effort among the emission-producing sectors of our country to address the world's greatest environmental challenge--climate change.
The National Academy of Sciences reported, "temperatures are, in fact, rising." The overwhelming body of scientific evidence shows that climate change is real, that it is happening as we speak.
Terrible things are happening at the poles, which will have global implications. Amplified global warming, rising sea levels, and potential alterations in ocean circulation patterns are among the global concerns.
The International Climate Change Task Force recommended that "all developed countries introduce mandatory cap-and-trade systems for carbon emissions and construct them to allow for future integration into a single global market." That is already being done in Europe as we speak, which is the substance of this legislation.
If we do not move on this issue, our children and grandchildren are going to pay an incredibly heavy price because this crisis is upon us, only we do not see its visible aspects in all of its enormity. We have done relatively nothing besides gather additional data and make reports. That is what the US national policy is today: gather information and make reports. I would argue that is a pretty heavy burden to lay on future generations of Americans.
LEGISLATIVE OUTCOME:Referred to Senate Committee on Environment and Public Works; never came to a vote.
OnTheIssues.org interprets the 2005-2006 CAF scores as follows:
The Campaign for America's Future (CAF) is a center for ideas and action that works to build an enduring majority for progressive change. The Campaign advances a progressive economic agenda and a vision of the future that works for the many, not simply the few. The Campaign is leading the fight for America's priorities--against privatization of Social Security, for investment in energy independence, good jobs and a sustainable economy, for an ethical and accountable Congress and for high quality public education.
About the CAF report, "Energy Independence: Record vs. Rhetoric":
Energy independence has surfaced as a defining issue in the current elections. Are most candidates and both parties truly committed? To help distinguish the demonstrated level of support for homegrown, clean energy alternatives, we examined the voting records of current U.S. Representatives and Senators on bills vital to promoting those interests. Key pieces of legislation included goals for independence, and subsidies for the development of alternatives compared to subsidies for drilling and digging. We then compared votes on these issues with campaign contributions from major oil interests. The results show strong inverse correlations between political contributions from big oil and votes for energy independence.
Expressing the sense of Congress that the United States should establish a national goal of more than 50 percent clean and carbon free electricity by 2030 for the purposes of avoiding the worst impacts of climate change, growing our economy, increasing our shared prosperity, improving public health, and preserving our national security.
A bill to permit California and other States to effectively control greenhouse gas emissions from motor vehicles, and for other purposes. Amends the Clean Air Act to approve the application of the state of California for a waiver of federal preemption of its motor vehicle emission standards.
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