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 S L I D E L A S T U P D A T E D O N 12/04/21 3
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 S L I D E L A S T U P D A T E D O N 12/04/21 4
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 S L I D E L A S T U P D A T E D O N 12/04/21 5
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 S L I D E L A S T U P D A T E D O N 12/04/21 6
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 S L I D E L A S T U P D A T E D O N 12/04/21 7
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. S L I D E L A S T U P D A T E D O N 12/04/21 12
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. S L I D E L A S T U P D A T E D O N 12/04/21 13
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