Energy & Environment 2021 legislative recap and 2022 look-ahead

 
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2021 legislative recap and 2022
look-ahead
Energy & Environment

                                                           PRODUCER
                                  National Journal Presentation Center
Roadmap

     ▪ Overview
        ▪   2021 policy review
        ▪   Statistics
        ▪   Enacted legislation
        ▪   Bills with potential in 2022
     ▪ Key bills enacted in 2021
     ▪ 2022 Congressional outlook

                                           2
2021 review: Energy & Environment

   Bipartisan Infrastructure                                      First national investment            The Build Back Better Act
          Agreement                                                  in EV infrastructure
   ▪ The Infrastructure Investment                                ▪ The Infrastructure Investment      ▪ The proposed Build Back Better
     and Jobs Act allocates $50                                     and Jobs Act provides the first      Act is set to provide $570 billion
     billion towards climate                                        national investment in EV            for climate change provisions, it
     resiliency projects                                            charging infrastructure              would represent the largest
   ▪ The law also includes $21                                                                           climate investment to date
                                                                  ▪ The law allocates $7.5 billion
     billion for environmental                                      for EV charging                    ▪ The $1.75 trillion reconciliation
     remediation projects                                                                                bill passed the House 221-213,
                                                                  ▪ President Biden has proposed
   ▪ After months of negotiations                                                                        but faces hurdles in the Senate
                                                                    a goal to rapidly expand
     and modifications, the                                         American EV charging
     bipartisan bill was signed into                                infrastructure to 500,000 public
     law by President Biden in                                      stations by 2030
     November 2021

S O U R C E Associated Press, NPR, Roll Call, CNN, Environment America
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2021 legislative record: Energy & Environment

       Energy & Environment bills in 2021      Key enacted bills
                                               S.J.Res. 14: A joint resolution providing for
                                               congressional disapproval under chapter 8
                                               of title 5, United States Code, of the rule
        Current status                         submitted by the Environmental Protection
                                               Agency relating to “Oil and Natural Gas
                                               Sector: Emission Standards for New, Reco
    925       Introduced
                                               H.R. 2278: To designate the September
              Passed House                     11th National Memorial Trail Route, and for
     11                                        other purposes.

       4      Passed Senate
                                               H.R.3684*: Infrastructure Investment and
                                               Jobs Act

     37       Enacted*

       0      Vetoed

                                               *Includes language which enacts numerous proposed Energy &
                                               Environment bills

S O U R C E GovTrack

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2021 enacted bills: Energy & Environment

      S.J.Res. 14: A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of
      the rule submitted by the Environmental Protection Agency relating to “Oil and Natural Gas Sector: Emission Standards
      for New, Reco

      H.R. 2278: To designate the September 11th National Memorial Trail Route, and for other purposes.

      H.R.3684*: Infrastructure Investment and Jobs Act

       *Includes language which enacts numerous proposed Energy & Environment bills

S O U R C E GovTrack

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Energy & Environment policy bills to watch in 2022
       Bills passed by the House or Senate, not signed into law, sorted by # of cosponsors

                                           Bill                                                      Sponsor                      Cosponsors

  H.R. 5441: PAST Act of 2021                                                        Rep. Steve Cohen (D-TN9)                 243 (201D,42R)
  H.R. 1115: Global War on Terrorism Memorial Location Act                           Rep. Jason Crow (D-CO6)                  197 (107R,90D)

  H.R. 684: Keystone XL Pipeline Construction and Jobs Preservation Act              Rep. Kelly Armstrong (R-ND)              140 (140R)
  H.R. 815: Arctic Refuge Protection Act                                             Rep. Jared Huffman (D-CA2)               138 (137D,1R)
  H.R. 2773: Recovering America’s Wildlife Act of 2021                               Rep. Debbie Dingell (D-MI12)             136 (104D,32R)
  H.R. 1316: National Heritage Area Act of 2021                               Rep. Paul Tonko (D-NY20)                        133 (119D,14R)
  H.Res. 318: Expressing the sense of the House of Representatives that clean
  water is a national priority and that the April 21, 2020, Navigable Waters
  Protection Rule should not be withdrawn or vacated.                         Rep. Mariannette Miller-Meeks (R-IA2)           125 (125R)
  H.R. 2238: Break Free From Plastic Pollution Act of 2021                           Rep. Alan Lowenthal (D-CA47)             121 (121D)
  H.R. 3281: RPM Act of 2019                                                         Rep. Patrick McHenry (R-NC10)            113 (88R,25D)
  H.Res. 332: Recognizing the duty of the Federal Government to create a
  Green New Deal.                                                                    Rep. Alexandria Ocasio-Cortez (D-NY14)   103 (103D)

  H.R. 2639: Trillion Trees Act                                                      Rep. Bruce Westerman (R-AR4)             101 (98R,3D)

  H.R. 1884: Save Oak Flat Act                                                       Rep. Raúl Grijalva (D-AZ3)               88 (87D,1R)
  H.R. 1352: Water Affordability, Transparency, Equity, and Reliability Act of
  2021                                                                               Rep. Brenda Lawrence (D-MI14)            87 (87D)
  H.R. 3780: America’s Red Rock Wilderness Act                                       Rep. Alan Lowenthal (D-CA47)             86 (86D)
  H.R. 279: Roadless Area Conservation Act of 2021                                   Rep. Ruben Gallego (D-AZ7)               86 (86D)

*Does not include bills that were ultimately incorporated into other enacted bills
S O U R C E GovTrack

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Energy & Environment policy bills to watch in 2022
       Bills passed by the House or Senate, not signed into law, sorted by # of cosponsors

                                           Bill                                                      Sponsor            Cosponsors

  H.R. 2021: Environmental Justice For All Act                                       Rep. Raúl Grijalva (D-AZ3)     84 (84D)
  H.Res. 346: Expressing support for honoring Earth Day, and for other
  purposes.                                                                          Rep. Donald McEachin (D-VA4)   81 (81D)
  H.Res. 668: Supporting the designation of the week of September 20 through
  September 24, 2021, as “National Clean Energy Week”.                       Rep. John Curtis (R-UT3)               80 (45R,35D)
  H.R. 4614: Resilient Federal Forests Act                                           Rep. Bruce Westerman (R-AR4)   74 (73R,1D)
  H.R. 1915: Water Quality Protection and Job Creation Act of 2021                   Rep. Peter DeFazio (D-OR4)     67 (65D,2R)

*Does not include bills that were ultimately incorporated into other enacted bills
S O U R C E GovTrack

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Roadmap

     ▪ Overview
        ▪ Statistics
        ▪ Enacted legislation
        ▪ Bills with potential in 2022
     ▪ Key bills enacted in 2021
     ▪ 2022 Congress outlook

                                         8
S. 914 - Drinking Water and Wastewater
       Infrastructure Act of 2021

       Bill sponsor                            Background                                                      Outlook
                                               ▪   A bipartisan group of senators introduced the bill,         ▪   The bill has received bipartisan
                                                   which would devote $35B to water infrastructure                 support and passed the Senate with
                                                   improvements                                                    an 89-2 vote
                                               ▪   On March 31, 2021, the White House introduced the           ▪   The language of the bill was included
                                                   American Jobs Plan, a $2 trillion infrastructure                within the Infrastructure Investment
                                                   package                                                         and Jobs Act
                                               ▪   The Senate passed H.R.3684, the Infrastructure
         Sen. Tammy Duckworth
                                                   Investment and Jobs Act in August, which included
                 D-IL
                                                   the full text of S.914

       Key provisions

                         Increased financial                                   Increased funding for                         New grant program for
                         assistance for state                                  grants addressing lead                        water infrastructure
                         drinking water systems                                in drinking water                             resilience

       Status
                                        Received Senate                  Passed Senate
                                           07/01/21                         08/10/21                     Differences          Signed by
               H.R. 3684*                                                                                 resolved            president
                                       Introduced House                   Passed House
                                            06/04/21                        11/05/21

                                                                                                                           *The bill H.R. 3684 includes S. 914
S O U R C E Congress.gov, The Hill, Forbes, Clean Energy, WaterFM.
S L I D E L A S T U P D A T E D O N 12/04/21                                                                                                                     9
Roadmap

     ▪ Overview
        ▪ Statistics
        ▪ Enacted legislation
        ▪ Bills with potential in 2022
     ▪ Key bills enacted in 2021
     ▪ 2022 Congress outlook

                                         10
2022 Policy Look-ahead: Energy & Environment

                                                                          SCOTUS Decision
    1                                                            2                                                            3
            Build Back Better                                                                                                         Supply Chain
            Act                                                           on Clean Air Act                                            Issues
 BACKGROUND                                                   BACKGROUND                                                   BACKGROUND
 ▪ The Build Back Better Act represents                       ▪ West Virginia has sued the EPA,                            ▪ The COVID-19 pandemic has been a
   Democrats’ interest in supplemental                          questioning its authority to regulate                        consistent issue in supply chain
   “social infrastructure” which includes                       emissions under the Clean Air Act.                           dynamics throughout 2021 and is
   universal pre-k, home health care,                           SCOTUS and federal courts have                               expected to continue in 2022
   and the largest proposed climate                             heard arguments related to the                             ▪ President Biden has attempted to
   investment                                                   debated Section 111 before                                   address the issue throughout 2021

 WHAT TO WATCH                                                WHAT TO WATCH                                                WHAT TO WATCH
 ▪ The $1.75 trillion reconciliation bill                     ▪ SCOTUS previously issued a stay                            ▪ Inflation brought about because of
   underwent a procedural vote on                               on President Obama’s Clean Power                             material shortages compared to
   November 6, and was cleared 221-                             Plan in 2016, pending review. A US                           demand reached a 30 year high in
   213, making it more likely for the bill                      Court of Appeals has since                                   late 2021, alarming many legislators
   to pass once Democrats schedule a                            invalidated the Trump                                        and officials
   final vote                                                   administration’s repeal of the plan.                       ▪ Energy prices have also increased
 ▪ The bill now heads to the Senate                           ▪ The question before the court is to                          compared to pre-pandemic levels,
   where Senator Majority Leader                                what extent does Congress permit                             with oil hitting $80/bl for the first time
   Chuck Schumer (D-NY) aims to                                 the EPA to set national standards on                         in 7 years
   have the bill passed by Christmas                            the emissions of pollutants by federal                     ▪ President Biden has signed
 ▪ All 50 members of the Democratic                             regulation?                                                  executive orders and laws which aim
   caucus will need to back the bill for                                                                                     to address the issues, which may
   its passage                                                                                                               see some results in 2022

S O U R C E CNBC, NYPost, The Hill, EDF, JDSupra, EPA, The Washington Post, The New York Times, Columbia University, Associated Press, NPR
S L I D E L A S T U P D A T E D O N 12/04/21                                                                                                                              11
H.R. 1848 – LIFT America Act

       Bill sponsor                            Background                                                                 Outlook
                                               ▪   All Democratic representatives on the Energy and                       ▪   Congressional Democrats are likely to
                                                   Commerce Committee released the $312B LIFT                                 continue introducing infrastructure
                                                   America Act                                                                plans in 2021 in the build-up to
                                               ▪   Energy and Commerce Chairman Frank Pallone, Jr.                            broader legislation
                                                   (D-NJ-6) has framed the bill as a fulfillment of Pres.                 ▪   Democrats have pushed for increased
                                                   Biden’s “Build Back Better” plan                                           broadband access and funding in the
                                               ▪   On March 31, 2021, the White House introduced the                          Infrastructure bill passed by the
            Rep. Frank Pallone                                                                                                Senate but did not adopt the language
                                                   American Jobs Plan, a $2 trillion infrastructure
                  D-NJ-6                                                                                                      of this bill.
                                                   package with $400 billion for clean energy spending

       Key provisions

                         Clean energy and                                              Electric vehicle                                          Drinking water
                         energy efficiency                                             infrastructure                                            investments

                                                        Broadband                                                     Health infrastructure
                                                        expansion                                                     investments

       Status
                                       Introduced Senate                     Passed Senate
                                                                                                                Differences             Signed by
                 H.R. 1848                                                                                       resolved               president
                                       Introduced House
                                                                              Passed House
                                            03/11/21

S O U R C E Congress.gov, The Hill, House Committee on Energy and Commerce, S&P Global, Forbes, Clean Energy, Politico.
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H.R. 803 - Protecting America's Wilderness and
       Public Lands Act

      Bill sponsor                             Background                                                    Outlook
                                               ▪   H.R. 803 is a package of bills that were not approved     ▪   The bill has faced opposition from
                                                   by the Republican-controlled Senate during the                some Republican senators
                                                   Trump administration                                      ▪   Vice President Kamala Harris may
                                               ▪   The bill would support Biden administration efforts to        need to cast a tie-breaking vote for the
                                                   protect at least 30 percent of public lands by 2030           package to pass the Senate

           Rep. Diana DeGette
                 D-CO-1

      Key provisions

                                    Permanently                                     Designating 1.5M
                                    banning new                                     acres of federal                       Preserving 1,000
                                    uranium mining near                             lands as wilderness                    miles of US rivers
                                    the Grand Canyon                                areas

       Status
                                     Received Senate
                                                                         Passed Senate
                                        03/02/21                                                       Differences          Signed by
                 H.R. 803                                                                               resolved            president
                                    Introduced House                     Passed House
                                         02/04/21                          02/26/21

S O U R C E Congress.gov, The Guardian.
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