Progressives Firm on Climate Infrastructure

June 16, 2021

Sens. Ed Markey (D-Mass.) and Jeff Merkley (D-Ore.) said they would not support infrastructure legislation that does not include robust policy addressing climate change and galvanizing a clean energy transition, Kellie Lunney reports.

“If there is no climate, there is no deal,” said Merkley, repeating what is fast becoming many Democrats’ catch-phrase on an infrastructure package, during a press conference yesterday. Merkley is the chairman of the Senate Appropriations Interior-Environment Subcommittee.

Markey said Congress needs to act on climate legislation before the August recess. Otherwise, “we have to stay” and “we will have a climate crisis and a legislative crisis.”

Markey said they were “fighting for the Biden infrastructure bill.” He and Merkley said President Joe Biden and Majority Leader Chuck Schumer (D-N.Y.) want a strong climate infrastructure bill to pass. “We are going to get this deal,” said Merkley.

“There absolutely has to be a guaranteed deal that climate is built into these infrastructure bills, and that it matches the problem that has to be solved,” Markey said. “We can’t have dessert before the main course. The main course is a climate infrastructure bill.”

Schumer plans to direct the Budget Committee to include in its reconciliation resolution language to dramatically reduce electricity emissions by 2030 and invest in electric vehicle rebates, according to a senior Democratic aide.

Schumer will meet with Budget Committee members today to discuss the budget resolution, he said at a press conference yesterday. Key Democrats have said it’s time to start working on reconciliation instructions—language in a budget resolution that would allow senators to pass some legislation with a simple majority and avert a filibuster.

Banking GOP Members Criticize Biden Plan: Republicans on the Senate Committee on Banking, Housing, and Urban Affairs yesterday criticized Biden’s infrastructure package and lengthy environmental reviews in a hearing, Lillianna Byington reports.

Sen. Pat Toomey (R-Pa.), the committee’s ranking member, said Biden’s infrastructure plans are “wildly excessive,” calling out transit spending and saying that localities are already “awash with cash” from Covid-19 relief funds. “The scope and size of the administration’s infrastructure plan is particularly untenable,” Toomey said. “The administration wants to redefine what infrastructure means in order to spend taxpayer dollars on their Green New Deal agenda and other liberal policies.”

Republican Senators Optimistic: The handful of Republican senators working on a bipartisan infrastructure deal said yesterday they’re optimistic they can drum up expanded GOP support for their $579 billion draft plan. “I’m very optimistic we’ll get at least 10 Republicans to support the plan,” Sen. Mitt Romney (R-Utah) told reporters following a lunchtime presentation to fellow Senate Republicans. It remains unclear whether all 50 members of the Senate Democratic caucus would back the bipartisan deal. Read more from Erik Wasson and Laura Litvan.

Happening on the Hill

Interior, EPA, Commerce Nominations: Majority Leader Schumer filed for cloture on Tommy Beaudreau’s nomination as deputy secretary of Interior, setting up consideration. The Senate tomorrow will consider the nomination of Radhika Fox to be assistant administrator at the EPA.

  • The Senate Environment and Public Works Committee holds a hearing today on the nomination of Jeffrey M. Prieto and Jane Toshiko Nishida to be assistant administrators for the EPA.
  • The Senate Commerce, Science and Transportation Committee set a vote on the nomination of Richard W. Spinrad to be undersecretary of commerce for oceans and atmosphere.
  • Meanwhile, Biden yesterday sent the Senate the nominations of Amanda Howe to be assistant administrator for mission support at the EPA.


Energy & Commerce Markup: The House Energy and Commerce Subcommittee on Environment and Climate Change meets to mark up three bills:

  • H.R. 3291, sponsored by Rep. Paul Tonko (D-N.Y.), would invest more $105 billion over the next decade to upgrade and secure the nation’s water systems, including $53 billion for the Drinking Water State Revolving Fund and $45 billion to replace every lead service line across the country. The legislation also would require the Environmental Protection Agency to set national standards for toxins, including ‘forever chemicals’ known as PFAS.
  • H.R. 3293, a bipartisan bill from Reps. Lisa Blunt Rochester (D-Del.) and John Katko (R-N.Y.), would create a permanent water assistance program at the EPA. The measure aims to help low-income families maintain access to affordable, clean drinking water and wastewater services. The effort to provide water assistance to needy households is modeled after the Low Income Home Energy Assistance Program.
  • H.R. 2467, to require the Environmental Protection Agency to designate per- and polyfluoroalkyl substances (PFAS) as hazardous substances;


Ahead of the markup, utility groups—the American Water Works Association, the Association of Metropolitan Water Agencies, the National Association of Water Companies, and the National Rural Water Association—wrote to E&C Committee leaders expressing opposition to the measures. The groups said they “strongly support reauthorization of the Drinking Water State Revolving Fund,” but the bills include “ill-advised proposals to overhaul EPA’s transparent and science-based approach to regulating drinking water contaminants, hold local water systems and their ratepayers responsible for cleaning up the pollution of per- and polyfluoroalkyl substances (PFAS) manufacturers, and prevent water systems from taking appropriate steps to collect payment for water service to maintain overall sustainability.”

Also Today:

  • Haaland Talks Interior Budget: The House Appropriations Interior-Environment Subcommittee holds a hearing today on the Interior Department with Secretary Deb Haaland.
  • Commerce Markup: The Senate Commerce, Science and Transportation Committee plans a markup of six bills including surface transportation reauthorization legislation and several bills on algal blooms, oceans and fishing. Read more from Lillianna Byington.
  • Environmental Inequality: The House Oversight and Reform Environment Subcommittee plans a hearing on climate and racial economic inequality issues in deindustrialized areas of the U.S.
  • Public Lands, Forests & Mining Bills: The Senate Energy and Natural Resources Public Lands, Forests, & Mining Subcommittee plans a hearing to discuss 14 bills, including legislation (S. 1076) from Sen. Ben Ray Lujan (D-N.M.) to plug orphan wells. The Independent Petroleum Association of America in a letter yesterday backed the legislation, saying “proactive steps to support the existing state orphan well remediation programs is the best path forward to address this important issue.”


Climate Disclosures on House Floor: The House plans to vote today on legislation (H.R. 1187) to require publicly traded companies to disclose information on climate risks, political spending, tax jurisdictions, and executive pay raises. The legislative package incorporates five bills on environmental, social, and governance issues that the House Financial Services Committee approved along party lines this year. The Securities and Exchange Commission is eyeing similar requirements for businesses to report on climate risks and other ESG matters. The House Financial Services Committee approved several of the measures included in the package earlier this year. For more, see the BGOV Bill Summary by Michael Smallberg.

House Panel Advances Bills to Form Core of Counter-China Package: A House Committee advanced two bills to boost U.S. research and development in an effort to compete with China, piecing together an answer to the massive $250 billion plan passed by the Senate. The two bills together authorize $128 billion over five years in combined funding for the National Science Foundation and the Department of Energy, with $14 billion set aside to help stand up a new agency dedicated to developing technologies to help the U.S. stay ahead of its international rivals, principally China. Read more from Daniel Flatley.

Biden Moving Forward With Uranium Reserve: The Biden administration is moving forward with a uranium reserve sought by miners, despite the fact the White House’s budget request eliminates funding for the initiative, Granholm said at yesterday’s hearing, Ari Natter reports. “We’ll be taking steps in that regard,” Granholm said. The administration plans to use previously appropriated funding for the reserve, Granholm said.

DHS Developing Second Cyber Security Directive for Pipelines: The Department of Homeland Security is developing a second cybersecurity directive for pipeline companies in the aftermath of the Colonial Pipeline hack, Sonya Proctor, a Transportation Security Administration assistant administrator, said yesterday, Ari Natter and Rebecca Kern report.

Proctor, in testimony before the House Homeland Security Committee, said the second security directive will have more specific mitigation measures, more specification requirements with regard to assessments and will have the force of a regulation.

  • In the same hearing, the House Homeland Security Committee’s second on Colonial Pipeline, Rep. Yvette Clarke (D-N.Y.), chair of the Cybersecurity, Infrastructure Protection and Innovation Subcommittee, announced she’s writing legislation to require critical infrastructure owners to report cybersecurity incidents to the Cybersecurity and Infrastructure Security Agency. She’s also drafting a second bill to codify CISA’s authority based on its pilot program of providing commercial, off-the-shelf-technology to critical infrastructure companies to help detect cyberthreats and evict cyber intruders, Rebecca Kern reports.


Manchin, Murkowski Building Efficiency Bill: A bipartisan bill from Sens. Joe Manchin (D-W.Va.) and Lisa Murkowski (R-Alaska) aims to reduce the carbon footprint of homes and buildings through grants and loans, Kellie Lunney reports. The legislation would require the Energy secretary to establish an energy efficiency revolving loan fund capitalization grant program, and would prioritize funding for states with the lowest energy efficiency. Buildings use 40% of all energy consumed in the U.S., the lawmakers said in a statement.

House Democrats Push for Mining Support: A group of House Democrats urged the White House yesterday to support more domestic mining, processing, refining, and smelting, in order to build strong domestic markets for advanced products in energy, healthcare, and national defense, Stephen Lee reports. “America’s ability to respond to Covid-19 is just the most recent indicator, in a long line of warning signs, that the United States must diversify its supply chains and not be overly dependent on any one country for our economic prosperity,” wrote the lawmakers, who included Reps. Jim Costa (D-Calif.), Sanford Bishop (D-Ga.), and Eric Swalwell (D-Calif.). The lawmakers also called on Biden to streamline permitting without sacrificing environmental protections.

Biden and his administration have already signaled strong support for more critical minerals mining. Earlier yesterday, Energy Secretary Jennifer Granholm told the Senate Energy and Natural Resources Committee that Biden’s fiscal 2022 budget request would let the department make “great progress” in critical materials development.

Huffman Offers Ocean Carbon-Sequestration Bill: Rep. Jared Huffman (D-Calif.), who leads the House Natural Resources Water, Oceans, and Wildlife Subcommittee., introduced legislation to establish a blue carbon program within the National Oceanic and Atmospheric Administration and authorize $300 million in grant funding for projects that protect and restore blue carbon ecosystems and increase long-term carbon storage.

Lee Bill Would Exempt Some Species from ESA: Sen. Mike Lee (R-Utah) introduced legislation that aims to exempt noncommercial species found entirely within the borders of a single state from regulation under the Endangered Species Act of 1973, or other laws.

Hirono Plans Energy Hearing: Sen. Mazie Hirono (D-Hawaii), who leads the Energy and Natural Resources Energy Subcommittee, said yesterday she is planning a June 23 hearing on ensuring fossil fuel-producing communities are not left behind in the clean energy transition.

Energy & Natural Resources

Biden Pause on Oil Leases on Public Lands Blocked: A federal judge lifted the Biden administration’s temporary ban on new oil and gas leases on public lands and offshore waters. In a victory for 13 red states that filed the legal challenge in Louisiana, U.S. District Judge Terry Doughty granted a preliminary injunction yesterday blocking Biden’s Jan. 27 executive order while the litigation continues.

Biden’s order called for a 60-day pause during which the Interior Department would conduct a “comprehensive review” of its leasing program. The president said the agency should consider its “broad stewardship responsibilities,” including the impact of global warming. The Interior Department said it’s reviewing the ruling and will comply with it. Read more from Jennifer A. Dlouhy and Robert Burnson.

  • A group of 125 state and local Chambers from 30 states this morning wrote to Biden to oppose any ban on new drilling and warn of economic consequences. “This action won’t help you meet your climate goals—in fact it will be counterproductive by artificially limiting supply, forcing our nation to use more oil and gas produced overseas in nations that have less stringent environmental restrictions,” the groups wrote in a letter organized by the U.S. Chamber’s Global Energy Institute. The groups warn of the loss of more than 154,000 jobs and nearly $4 billion in tax revenue by 2025.


Energy Star Certifications: Los Angeles topped the EPA’s list of cities with the most Energy Star-certified buildings, with 580, the agency said yesterday, Stephen Lee reports. In second place is Washington, D.C., with 549, followed by San Francisco (341), Atlanta (329), New York City (276), and Chicago (237). Those rankings are unchanged from the previous year, although Los Angeles had seven more certified buildings in 2020. Commercial buildings are responsible for 18% of the nation’s energy use and cost more than $190 billion per year in energy bills, according to the EPA. By contrast, Energy Star-certified buildings use an average of 35% less energy and are responsible for 35% less carbon dioxide emissions than typical buildings.

Biden Weighs Small Cut to Biofuel Targets: The Biden administration is developing targets for biofuel that are likely to be relatively flat or even lower as it seeks to balance the interests of blue-collar refining workers and advance a clean-energy agenda. The EPA is set to propose renewable fuel requirements within weeks, according to several people familiar with the strategy who asked not to be named before a formal announcement. The targets will dictate how much corn-based ethanol, biodiesel and other renewable fuels oil refiners must blend into their products in 2021 and 2022. The proposal is on track to be issued after the Supreme Court makes what could be a pivotal ruling on the EPA’s ability to exempt refineries from the mandates. Read more from Jennifer A. Dlouhy and Kim Chipman.

  • The administration plans to provide $700 million in aid for biofuel producers in a new round of pandemic relief that also targets timber haulers, dairy farmers and food suppliers that purchased masks, gloves and other gear for workers. “This is a next step in expanding the process of pandemic assistance,” Agriculture Secretary Tom Vilsack said yesterday during a telephone interview. “It’s not the end. There will probably be additional announcements over the next couple of months.” Read more from Mike Dorning and Michael Hirtzer.


More Headlines:

Environment & Chemicals


U.S. Must ‘Close the Gap’ on Climate Finance, Kerry Says: Less than two months after Biden pledged to boost spending to help developing nations deal with climate change, U.S. climate envoy John Kerry is pressing for more. “Our effort obviously is to go further,” Kerry said yesterday during an interview in Riyadh. “We’ve got to clearly close the gap on finance. That’s absolutely imperative.” Kerry’s comments come after Biden in April vowed to spend $5.7 billion annually on climate finance for less wealthy nations. Read more from Will Wade and Vivian Nereim.


EPA Moves to Ensure Science Is ‘Fully Protected’: The EPA’s scientific integrity officer said work is underway shore up professionalism and restore public trust after discovering recent practice violations. A team is gathering best practices and analyzing instances when scientific integrity policies haven’t been followed or enforced, the officer, Francesca Grifo, said at a meeting yesterday. The effort will lead to a report and framework that will aid agencies in updating their own policies, she said. “We want to see the scientific integrity policy fully implemented, and we want to see people at the agency to be fully protected from retaliation, retribution, reprisal,” Grifo said. Read more from Stephen Lee.

More Headlines:

With assistance from Stephen Lee, Lillianna Byington, and Rebecca Kern

To contact the reporters on this story: Kellie Lunney in Washington at klunney@bloombergindustry.com; Zachary Sherwood in Washington at zsherwood@bgov.com; Pat Rizzuto in Washington at prizzuto@bloombergindustry.com

To contact the editors responsible for this story: Giuseppe Macri at gmacri@bgov.com; Michaela Ross at mross@bgov.com


By:  Kellie Lunney, Zachary Sherwood
Source: Bloomberg Government