Take the Table Scraps or Fight for More?

How to deal with the climate bill 17

“Al Gore says support it. Paul Krugman says support it. Two Nobel Prize Winners. Who am I to question them?”

That is a question received, in more than one space, when it comes to the Waxman-Markey American Clean Energy and Security (ACES) Act.

Well, with all due respect to the infallibility of a Nobel Prize Winner (Kissinger, ‘73, James Watson, ‘03, etc.), we should be clear that the bill, as drafted, falls far short of what is necessary and quite likely falls short of what is possible.

How can this be? How can a bill driven by two of the most passionate and knowledgeable House members fall short of the possible?

For one, perhaps it is because of a fundamental failure of those advocating serious action in regards to climate change. In short, as per Gore’s and many environmental organizations’ praise for the draft bill, there is a clear impression (if not reality) that those advocating for action are prepared to take scraps from the table rather than fight for and demand adequate legislative action.

In short, the mainstream reaction to the House Energy and Commerce Committee’s passage of ACES last week has been: “YEAH, Congrats and Thanks to Waxman and Markey, oh, by the way, can we try to strengthen this a bit?”

Well, we need to ask ourselves a serious question: How does one “win”?

Do you win by saying “this ain’t what I want but YEAH” and then watching it watered down even further by attacks from anti-science suffering global warming deniers?

Or, do we get a stronger bill by reminding (STRONGLY) that this bill has tremendous shortfalls and does not even live up to basic principles?

What are some items to consider?

    * Joe Romm, who has been cheerleading Waxman-Markey recently (despite much on-the-record work that provides a basis for highlighting its inadequacies), says that it might (MIGHT) give us a 10-20% chance of stabilization at 450 ppm and avoiding catastrophic climate change. Hmmm … what wonderful odds. (Romm believes, with reason, that this is an improvement over the odds without Waxman-Markey. That Romm is strongly supportive gives pause to what might otherwise be harsher criticism and conclusions. And for those who aren’t aware, Romm’s Hell & High Water is perhaps the top book on the intersection of climate change and U.S. politics.)

    * The bill’s Renewable Electricity Standard (RES) doesn’t even meet the Energy Information Administration’s (EIA) latest business as usual (BAU) analysis of renewable power in the U.S. system come 2020.

    * The bill’s 2020 target is such that it could well be met with zero actual reduction in US emissions from the EIA’s latest BAU analysis. (This is from a comment from the EIA’s acting director in a public session yesterday.)

    * The bill gives over $1 trillion in direct and indirect subsidies to fossil fuel industries and about 1/10th that to renewable energy and energy efficiency.

    And, so on ...

ACES Fails on Principle

Amid all this, we should recognize that this bill, despite all the hard work by good people, fails on basic principles.

    1. Scientifically Sound: The IPCC benchmark, which is quite likely far too conservative, calls for the developed world to cut emissions by 2020 by 25-40 percent below 1990 levels. (2005 levels, being used as a benchmark for Waxman-Markey, are about 14 percent higher than 1990.)

    Generously speaking, Waxman-Markey might achieve a 7 percent reduction below 1990 levels by 2020 and is more likely to be a near wash with those 1990 levels, leaving the United States significantly more polluting than the planetary system seems likely to be able to handle.

    2. Polluters Pay: A very basic element of any sensible climate policy is actually establishing a price for carbon (actually, any greenhouse gas) that will create economic incentives to reduce polluting.

    Waxman-Markey is stuffed with permit giveaways (especially in the near term) that simply violate what is a basic core principle. (Note: Revenues from making polluters pay certainly could be plowed back to help polluters cut their pollution (whether energy efficiency, new processes, renewables, etc). There could even be a discounted price (e.g., have “allowances” given at the “lowest” fee level) for some specific groups, but with placing some degree of costs.

    At the end of the day, it is fundamentally wrong to be handing over pollution permits. It is not just immoral, it is counterproductive to the very desires to help drive down pollution levels, ASAP. And, by the way, it is uncertain as to whether there will even be a meaningful price on carbon in the coming decade or so.

    (In the past week, crossing the desk have been assertions that the price will be essentially zero to, high end in 2020, $15 per ton of CO2, which is a near meaningless amount a decade+ into the future. Note that President Obama’s full budget submission to Congress, from just a week ago, called for 100% auction of permits and no giveaways.)

    3. Improves Social Equity: Waxman-Markey holds many elements seeking to reduce any fiscal impacts on lower-income Americans through giving away permits and reserving permits to help poorer Americans. But, this bill also gives 2 percent of permits to oil refineries and similar giveaways to other major polluting corporations. The overall balance is unclear.

    Grading it generously, ACES might merit a C- on Principle 1 (lookback provisions raise it from a D), perhaps a C on Principle 2 (yes, eventually, polluters are scheduled to pay, but there are a lot of giveaways), and gets an incomplete (or not yet graded) on Principle 3.

What Next?

I remain challenged. It is hard to scream “kill the bill” because we need to think, what next?  And, the question is, where can we go from here? Are there paths to strengthen the bill?

At the stage where this is now, here are three proposed “strengthening items” that have, it seems, at least some potential if championed in Congress.

    1. Polluters’ Pay: This is a basic principle that is thrown to the winds with 85% of the initial allocations simply given away.  This is a sensible, basic rallying cry item: that those polluting our atmosphere should pay at least, even if token to begin, a price for the damage that they are creating. (Note that these free allocations are rewarding those who have, over time, chosen higher pollution, over lower pollution, investment paths.)

    The House should institute a minimum fee to be paid for all given allocations, rather than simply giving them away.  Why not a “base price” for 100% of permit auctions that would be the price paid allocated permits? As a notional suggestion, why not the year minus ten in dollars?  Thus, in 2012, the “free” allocations would be charged, instead, a price of $2 per ton.  For 100% coal-fired electricity, this would translate to a $0.001 cost per kilowatt hour.  In 2013, that would increase to $0.0015 per kWh from 100% coal (remember, average U.S. energy mix is less than 50% coal).

    2. Gracefully Degrade Banked Permits: In the bill, unused permits are permanently bankable.  Don’t pollute to the level expected in 2015, don’t worry, you can save that “authority to pollute” for decades and dump out more CO2 come 2035. Almost certainly, the ACES targets are inadequate and learning/real-world events will likely lead to striving to strengthen targets in the future. The permanent banking undermines the ability to strengthen the bill in the future.

    Why not institute a graceful decay of banked permits?  Perhaps a 10% degrading per annum, starting six months after the year in which the permit was issued?  This enables sensible business and institutional planning while offering an opportunity to help drive down future emissions.

    3. Tax Permit Allocations as Income: For all permit allocations that are not used for passing along to consumers or for energy efficiency/renewable energy investments, treat the difference between the “base polluters’ pay price” and the actual value of auctioned permits as revenue.  A large share of the permits are being granted to private corporations, a grant of potentially huge amounts of value.  Treating this as revenue, open to taxation, helps make this a more socially equitable piece of legislation.

These are three thoughts that, in their own way, help strengthen the bill along basic principle lines.

(Originally published at Get Energy Smart! Now!!!)

See also:

Clean Energy Climate Bill Gives Coal a Competitive Future

Climate Bill Wins Enough Votes to Pass, But at What Cost?

Young Advocates Call for Framing Shift on Waxman Bill

Utilities, Coal-State Dems are Wrecking Our Last Chance on Climate Change

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  1. Miles Grant's avatar

    Miles Grant Posted 9:18 am
    01 Jun 2009

    You say the bill "quite likely falls short of what is possible" but don't back that up except a reference to strengthening amendments having "some potential." What do you see as the legislative strategy to get a stronger bill to the President's desk?
  2. Alec Johnson Posted 12:12 pm
    01 Jun 2009

    The more we focus our collective political will, the better Waxman-Markey will be. And those who are so critical seem to not appreciate that legislation is always fluid and rarely set in stone. Civil Rights legislation that was achieved under Johnson was heavily undermined from Reagan onwards. Also I think they fail to appreciate the significance of establishing this framework.You cite Joe Romm, but fail to mention one of the key points he made pointing out the history of the now successful Montreal Protocol. It wasn't sufficient to address Ozone Depletion out of the gate, but was improved and now accomplishes that purpose. We should be trying to make our voices more coherent. You'll notice the opponents of effective Climate legislation have little trouble staying on message.While I appreciate healthy debate, I'd rather have you help with phone banking or door knocking. I'll bet you'd agree that we have no deficit of potential solutions but the political will is currently insufficient. Your help in this area would be much appreciated.
    1. A Siegel Posted 6:46 pm
      01 Jun 2009

      Alec, It is unclear that you want "healthy debate", instead it seems that you want mindless support, putting people on phone banks with a text that you provide.
      There are a number of critical problems with W-M, most notably the huge amount of give-aways that will be impossible to carve back in the future and that handicap (if not cripple) any ability to move toward something with even a marginal chance of doing enough to turn the tide on Global Warming's rising seas.
      If the problem were solely the RES ... If the issue were solely that the 2050 targets were inadequate in face of what the IPCC laid out, ...  Those are things that can be strengthened as time moves on, as we have success with EE/RE, as climate change's risks become ever clearer to a larger portion of the populace. A $trillion plus in direct and indirect subsidies for polluting energy is money that will never be retrievable once given away. That sort of massive rent seeking is not reversible.  And, what is the message?  Are you stating that W-M is "effective climate legislation"?  That is, as noted, a hard nut to swallow.
      No ... Alec ... you are not looking for a "healthy debate" ...  
  3. BCC Posted 2:16 pm
    01 Jun 2009

     This was one of the better anti-ACES pieces I have read, mainly in that it goes beyond a "this isn't good enough" screed.  But I second the question posed by Miles: what strategy (or change in the stasus quo- i.e. 2010 elections) would yield a better outcome?   
  4. BCC Posted 2:16 pm
    01 Jun 2009

     This was one of the better anti-ACES pieces I have read, mainly in that it goes beyond a "this isn't good enough" screed.  But I second the question posed by Miles: what strategy (or change in the stasus quo- i.e. 2010 elections) would yield a better outcome?   
  5. Alec Johnson Posted 7:47 pm
    01 Jun 2009

    You wrote:"It is unclear that you want "healthy debate", instead it seems that you
    want mindless support, putting people on phone banks with a text that
    you provide."You are putting quite a few words in my mouth without having a clue what sort of field work I'm engaged in or if I would even be using scripts, mindless or otherwise. I think you should take greater care as you sound quite shrill. I'm not sure precisely what nerve I stepped on that caused you to lose your civility, but I recommend you regain it presently.I work to try and produce effective political will for effective Climate legislation, the one thing we seem to have a precarious shortage of in this country. I have concerns about W-M. Indeed I share some of of the ones you cited. I believe that much might happen during the floor fight this summer, but only if we get lots of citizens to warm up congresses switchboards. I'm sure you'd agree. And not mindlessly driven ones either. I believe it works best when voters/citizens are passionate and well informed.Every day I recommend Grist.org to people. Indeed some of them may well read your post and find it eye opening, right until they read your somewhat insulting reply to me. I recommend that you strive for a little more dialogue before you rush to judgment. You've judged me poorly.I also think some of your facts may be wrong. Have you read Robert Stavins recent piece? (http://www.huffingtonpost.com/robert-stavins/the-wonderful-politics-of_b_208581.html). He directs Harvards Environmental Economics Program.I know how very unprecedented this all is and understand how huge the stakes are. And I admire your passion, but you should be careful how you manage it and where and how you direct your anger.  
    1. A Siegel Posted 8:15 pm
      01 Jun 2009

      Alec,
      First, I will put forward a mea culpa ... it simply it is not worth it, for either of us, to engage in an unncecesasry battle. Thus, again, mea culpa for stepping out strongly.Re Stavins piece, I find it quite interesting -- as with all his work. Let me provide a misperception that I see that piece as continuing/reinforcing. From Stavins: "Given the nature of the allowance allocation in the Waxman-Markey
      legislation, the best way to assess its implications is not as "free
      allocation" versus "auction," but rather in terms of who is the
      ultimate beneficiary of each element of the allocation and auction,
      that is, how the value of the allowances is allocated. On closer
      inspection, it turns out that many of the elements of the apparently
      free allocation accrue to consumers and public purposes, not private
      industry."I refer to direct and indirect subsidies to the fossil fuel industry/interests.  Stavins (as many) places cost containment measures (such as Electricity and natural gas local distribution companies, 22.2%; Home heating oil/propane, 0.9%) as "consumers and public purposes".  Let us simply accept that much (if not most or even all) of those funds will go to consumers. In my reading of financial interests, this represents an indirect subsidy of the continuation of fossil fuel usage by lowering/muting the price signal of any price being placed on burning dirty energy.
  6. Alec Johnson Posted 3:20 am
    02 Jun 2009

    I'm delighted to regain the better angels of our nature. You are right we have bigger fish to fry than each other. In all candor I do side with Krugman, Romm and Gore in our debate, but I'll mention one other source for my position: George Monbiot, a recipient of the UN's Global 500 Award for "Outstanding Environmental Achievement. In his very impressive book, "Heat: How to Stop the Planet Burning," he has a great chapter on the Climate Denial Industry. What was particularly striking were these remarks at the end of that chapter:"But the thought that worries me is this. As people in the rich countries -- even the professional classes -- begin to wake up to what the science is saying, climate-change denial wll look as stupid as Holocaust denial, or the insistence that AIDS can be cured with beetroot. But our response will be to demand that the government acts, while hoping that it doesn't. We will wish our governments to pretend to act. We get the moral satisfaction of saying what we know to be right, without the discomfort of doing it.My fear is that the political parties in most rich nations have already recognized this. They know that we want tough targets, but that we also want those targets to be missed. They know that we will grumble about their failure to curb climate change, but that we will not take to the streets. They know that nobody ever rioted for asuterity.This is a gloomy thought. But it does reinforce my belief that we must make the necessary changes as painless as possible." [pp 41-42]I think this is why Krugman, Gore, Romm and I hold the view that we do. Moreover, establishing the framework, and the frame, even a flimsy one, will be a very good start, but one that needs to be made much, much better. Again I cite the history of the Montreal Protocol as a good example.Conservatives in this country have become the masters of "frames," a la Lakeoff and Hartmann. W-M will become, in my view, a powerful frame that they'll have a hard time dwelling in. That will also be a good thing and a foundation we can build upon.I keep on getting back to building political will. It isn't going to be a pretty process. Indeed, I take a very long view on this matter. I feel like I'll be pushing hard for this for the rest of my life, in one way or another.So I do appreciate how important it is to get things right, but I also know painfully how tough it will be to achieve the political will, without which everything you've written about has no hope of seeing the light of day.I'm glad we've had this opportunity to exchange views. Keep up your good work. I won't stop doing what I do until I croak. (My retirement plan in a nutshell!)
    1. A Siegel Posted 3:44 am
      02 Jun 2009

      AlecI see many paths for 'Making Green by Going Green' and creating 'relatively painless' paths to reduce emissions.In fact, I believe that McKinsey has significantly overstated the near-term costs of dealing with climate change (and they are typically cited as optimistic, placing a relatively low cost) because they do not engage in a systems-of-systems analysis of costs and benefits. They explicitly put health care costs and health benefits off the table; they do not examine move from high albedo (white) or green roofing to a lowered heat island impact further lowering air conditioning requirements; they do not calculate into the equation the productivity improvements (in work place, schooling, etc) from 'greening' buildings ...
      We have a real opportunity for significant change at a positive ROI, especially in the near (next decade or so due to efficiency opportunities) even without considering that pesky little problem of Global Warming.E.g., there is real power and opportunity for a 'no regrets strategy' part of the discussion since so much of what is required to be done can be done at an overall benefit even without considering reduced GHG emissions as part of the discussion.I have (in other pieces) praised the energy efficiency elements of W-M.  I am now disappointed by the clean energy elements (why isn't clean energy funded at least equally with dirty energy (and, no, CCS is not clean energy)?).  This discussion is about the specific climate change / global warming section of the bill which has, imo, been significantly compromised ... and compromised in a way (the give-away of a $trillion+ of permits with some quite scary implications dealt with elsewhere) that will seems likely to compromise (if not sabotage) our ability to pursue a stronger program 5, 10, 20 years from now.Now, I agree about "framing". I agree about the value of having a structure to help shift basic thinking. There is value for having a "win" to build on and pursue further wins.  But, we should strive to have something that, even if it is too weak today, can be strengthened tomorrow without too high a lost opportunity cost.Note in my three suggestions that I did not argue for raising the RES. In fact, I see it quite possible that we will exceed the W-M target without that and see that RES as something that can be strengthened. Note that I did not suggest pushing the 2020 targets in line with IPCC (25-40% below 1990 levels) as, again, that is something that might be strengthened in years to come.   Those three suggestions, in my perspective, all address elements that cannot be reclaimed (except at extraordinary cost) once put into law.
      1. Alec Johnson Posted 3:55 am
        02 Jun 2009

        I think all your suggestions are sound and I welcome them and this dialogue. Where else on the Internet are your articles posted? I didn't see any others on this site, but that may've been my failure.And we've already had a "win," gettting W-M out of committee was the biggest step Climate Legislation has ever taken, IMHO. But we need many many more victories, including those improving W-M, which will have no stronger champion than me.You realize, I suspect, that the conservative movement seems to believe they can ride back into power by riding their climate denying horse. While much chastened in the last election, they still have very powerful megaphones: Faux News, all the Muddy Clear Channel radio stations, and their leading climatologist, Rush Limbaugh.It's quite an ugly fight, but one very much worth getting into body and soul. Don't you agree?
  7. Alec Johnson Posted 3:38 am
    02 Jun 2009

    One other thought:Like you I would prefer that corporations not have the influence they so clearly have. Indeed we were warned by no less than Abraham Lincoln who wrote the following in a letter to Colonel William F. Elkins, November 24th, 1864, some five months before he died and when he would've had good confidence that the Civil War was going his way:"I see in the near future a crisis approaching that unnerves me and cause me to tremble for the safety of my country. As a result of the war, corporations have been enthroned and an era of corruption in high places will follow, and the money power of the country will endeavor to prolong its reign by working upon the prejudices of the people until all wealth is aggregated in a few hands and the Republic is destroyed. I feel at this moment more anxiety for the safety of my country than ever before, even in the midst of war."One of the major silver-linings that emerges for me in all of this is the opportunity we might have to recover our Democracy, even with the corporate aristocracy doing its best to continue the project Lincoln correctly identified 145 years ago. This is something else I fight for every day.
    1. A Siegel Posted 7:41 am
      02 Jun 2009

      Alec -- Replying off wrong message since can't respond above.
      My home site is Get Energy Smart! NOW! (http://getenergysmartnow.com) with posting at Huffpost, EcoGeek, EnergyBoom, Celsias, etc ... Focus, writ-large, intersection of energy & environmental ... including a touch of business perspective.I've had a few posts picked up here at Grist over the years. Since they've edited them in, don't know if they're linked in with my user id here.And, yes, well aware of the denier sound machine and regularly play a role in responding to that truthiness/deception laden chorus.
  8. birdboy2 Posted 2:54 pm
    02 Jun 2009

    What a triumph, they say-
    Waxman-Markey hits the floor!
    From this glorious day,
    worry 'bout climate no more.

    Forget those nay-sayers
    they'll soon see the light;
    they'll want to be players
    in the regulatory fight.

    They'll soften the blow
    to protect their real bosses.
    Exemptions will grow,
    to avoid profit losses.

    Free permits to polluters-
    Exxon-Massey will prevail;
    give no cash to intruders-
    let alternatives fail.

    But consumers will cower
    and motivation will fade,
    if the true cost of power
    is currently paid.

    Then to avoid cost increases
    that annoy the taxpayer,
    smash it's purpose to pieces-
    now that seems more fair.

    We can say that we've done it-
    (like we ended the war);
    we'll let industry run it
    That's what Congress is for!
    1. GandhiWannabe Posted 3:19 pm
      02 Jun 2009

      Birdboy2,Could I please have permission to use your awe-inspiring poem in a presentation that I'm working on about the ACES Act?  It's just a high school class project, but I may post it on YouTube, too.  Also, should I cite you as Birdboy2, or could I have your name so I can give you some well-deserved credit? You can email me at (JavaScript must be enabled to view this email address)

      //
      var l=new Array();

      var output = '';

      l[0]='>';l[1]='a';l[2]='/';l[3]='';l[33]='\"';l[34]=' 109';l[35]=' 111';l[36]=' 99';l[37]=' 46';l[38]=' 108';l[39]=' 105';l[40]=' 97';l[41]=' 109';l[42]=' 103';l[43]=' 64';l[44]=' 121';l[45]=' 116';l[46]=' 105';l[47]=' 110';l[48]=' 105';l[49]=' 102';l[50]=' 110';l[51]=' 105';l[52]=' 46';l[53]=' 111';l[54]=' 116';l[55]=' 46';l[56]=' 110';l[57]=' 101';l[58]=' 116';l[59]=' 115';l[60]=' 105';l[61]=' 76';l[62]=':';l[63]='o';l[64]='t';l[65]='l';l[66]='i';l[67]='a';l[68]='m';l[69]='\"';l[70]='=';l[71]='f';l[72]='e';l[73]='r';l[74]='h';l[75]='a ';l[76]='
      1. birdboy2 Posted 7:00 am
        03 Jun 2009

        Any little rhyme I put on Grist is fair game- please use it, but just credit 'Birdboy'. Grist's new registration did not recognize the old birdboy, so I'm stuck with '2'.
  9. randydutton Posted 4:25 pm
    05 Jun 2009

    The bill treats all Global Warming Gases (GWG) the same, yet the gases have different effects.  3% of fertilizer used to grow corn for ethanol goes into the air as N2O, which is 296 times more effective as a GWG than CO2.  Because enviros force us to leave trees to rot in forests, the wood releases methane (CH4) that is 22 times more effective as a GWG than CO2, and after 9 years oxidizes to CO2, and methane is treated the same as CO2.  Shouldn't it have a higher penalty?  Burning the wood for fuel more directly bypasses the methane cycle and goes straight to CO2.  The effect is a net reduction in total GW effect.  Shouldn't we be encouraging the burning of wood?  But that's not in the Bill. Meanwhile industry WILL shift production to China because costs have risen too much in the US, and overall GWG go up because China production is less efficient, and dirtier.  Now add to that the 10 billion pounds of non-CO2 aerosol pollutants descending upon North America from East Asia producers because of their lack of pollution controls and overall environment deteriorates.Hydrogen is not the panacea you think and can increase the global warming effect (indirectly).  Hydrogen escaping into the upper atmosphere reacts with hydroxyls (-OH).  Hydroxyls normally react with methane and remove methane.  With lower hydroxyl concentrations, methane remains longer, thus, more global warming effect.Meanwhile CO2, which this Bill wants to reduce, is the good gas, and essential for all plants on Earth. Atmospheric CO2 is down 94% from 540 million years ago (7000ppm) when animals started roaming the Earth. At 380ppm, which is about 50% higher than pre-industrial revolution, mankind has enjoyed a 30+% increase in agricultural productivity.  Eventually, when CO2 drops to about 150ppm, nearly all plants on Earth DIE.  This Bill helps ecopoliticians to achieve that suicidal goal.  Sure it might take millions of years, unless science finds a shortcut.  And since increased CO2 increases crop production, the converse is true, lowered CO2, a goal of this Bill, will lower crop production,  And if ecopoliticians are really successful, it will cause global MASS STARVATION. 
  10. birdboy2 Posted 2:48 pm
    08 Jun 2009

    Be afraid of the cure-
    it will kill us for sure!

    Ignore those who say
    they want to save the day.
    They've got it all wrong-
    they've been hitting the bong!

    It's not CO2 that's the cause;
    we shouldn't be making such laws.
    They're based on scientist-lies
    grown from green corporate-ties.

    Forget about them- look over here!
    This is the thing you really should fear.
    Let's not employ some foolish action-
    consider instead my clever distraction.

    It may be half-true
    but it might fool you;
    or at least make you worry
    that there's no need to hurry.

    Ignore the ones with fancy degrees
    spouting nonsense, their masters to please
    what good is peer review
    when none of them has a clue?

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