Senate consideration of climate change legislation likely ended

The week of June 2, the Senate began consideration of S. 3036, the Climate Security Act, legislation that would regulate greenhouse gas emissions through a cap and trade regulatory program. A number of procedural moves have been used by opponents of the legislation to keep it from moving forward and it is likely that the bill will be pulled from consideration the week of June 9. The move to bring up this measure this year was considered largely a symbolic gesture as there is insufficient support for climate change legislation in this Congress. Nevertheless, the debate highlighted the issues that will be faced by the construction industry in the 111th Congress next year.

The legislation would:

• Cap U.S. greenhouse gas emissions at 19% of 2005 emissions by 2020 and 71% by 2050;
• Establish a trading program allowing for the auction of emission allowances;
• Establish a “Transportation Sector Emission Reduction Fund” with revenues coming from the auction;
• Provide $171 billion from this fund for transit projects between 2012 and 2050;
• Provide $8 million for bike and pedestrian projects and other motor vehicle demand reduction projects; and
• Provide additional funding for intercity passenger rail, transit or other strategies to promote reductions in VMT.

An amendment to the bill to be offered by Senator Barbara Boxer (D-Calif.), chair of the Senate Environment and Public Works Committee, which has jurisdiction over the legislation, would establish a new set of transportation planning requirements and give U.S. EPA authority to approve “statewide transportation plans” as a condition for states to receive any of the $171 billion from the Transportation Sector Emission Reduction Fund. AGC contacted all senators and expressed opposition to giving EPA authority over the transportation planning process and removing it from U.S. DOT.

AGC’s letter also recommended that the legislation include funds for highway congestion relief projects. AGC pointed out that studies show that improving the nation’s most severely congested highway bottlenecks would reduce carbon dioxide emissions by as much as 77% and conserve more than 40 billion gal on fuel over a 20-year period, as well as lead to reduced levels of other harmful emissions. AGC also pointed out that increased vehicle miles traveled (VMT) are not the problem. While VMT has grown significantly over the past 30 years, emission of harmful pollutants has decreased due largely to technological advances in motor vehicles and fuels.

Senator Jim Inhofe (R-Okla.) is prepared to offer an amendment to dedicate 40% of the transportation-related funds to highway congestion relief projects, including new road and bridge capacity projects if debate on the bill continues. AGC and the Transportation Construction Coalition (TCC) have also sent a letter to all senators in support of the Inhofe amendment.