[Congressional Record Volume 148, Number 46 (Tuesday, April 23, 2002)]
[Senate]
[Pages S3145-S3150]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  NATIONAL LABORATORIES PARTNERSHIP IMPROVEMENT ACT OF 2001--Continued


 Amendments Nos. 3231, 3232, 3157, 3242, 3244, 3245, 3246, 3247, 3248, 
                             3249, and 3250

  Mr. BINGAMAN. Mr. President, I ask unanimous consent that 
notwithstanding rule XXII, the pending amendment be set aside and that 
it be in

[[Page S3146]]

order for the Senate to consider en bloc the following amendments:
  Amendments Nos. 3231, 3232, 3157, 3242, 3244, 3245, 3246, 3247, 3248, 
3249, and 3250.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.


               Amendments Nos. 3157 and 3231, As Modified

  Mr. BINGAMAN. Mr. President, I further ask unanimous consent that 
amendments No. 3157 and amendment No. 3231 be modified with the changes 
at the desk.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3157), as modified, is as follows:

       On page 574, between lines 11 and 12, insert the following:

     SEC. 17  . REPORT ON RESEARCH ON HYDROGEN PRODUCTION AND USE.

       Not later than 120 days after the date of enactment of this 
     Act, the Secretary of Energy shall submit to Congress a 
     report that identifies current or potential research projects 
     at Department of Energy nuclear facilities relating to the 
     production or use of hydrogen in fuel cell development or any 
     other method or process enhancing alternative energy 
     production technologies.

  (The amendment (No. 3231), as modified, is printed in today's Record 
under ``Text of Amendments.'')
  Mr. BYRD. Mr. President, I am a product of West Virginia. I was 
pulled from the hard scrabble mountains of Appalachia, and I burn with 
a passion to serve this nation. I remember my roots. I am proud of them 
as they have served me well throughout my career in Congress. I recall 
the words of the legendary President of the United Mine Workers of 
America, John L. Lewis:

     When ye be an anvil,
     lie ye very still;
     When ye be a hammer,
     strike with all thy will.

  I believe that we should work diligently on legislation that is 
beneficial to the American people--on education reform, Campaign 
Finance Reform, border security, homeland defense, energy security, and 
a common sense climate change policy. But, surely, we should not allow 
the White House to hammer us, disregarding what we have introduced, 
debated, and passed in this Chamber on a number of important policy 
matters. We must let the democratic process work. It is an open 
process, and it is the process that the Founders established so long 
ago to make it possible to consider the people's business.
  It was a little over a year ago that the Administration began a 
comprehensive review of climate change--their alternative approach to 
the Kyoto Protocol. I understand that any new Administration must 
examine and develop its own set of policies and ideas on these issues, 
but they should also understand that so must the Senate. In the absence 
of any Executive Branch action last year, the Members of the Senate on 
both sides of the aisle took the lead, putting forward new ideas and 
approaches to address this climate change challenge.
  In June 2001, I introduced bipartisan climate change legislation with 
Senator Stevens. Our bill received unanimous support in the Government 
Affairs Committee in July 2001, and Senators Daschle and Bingaman then 
included this bipartisan legislation along with other climate change 
provisions in the larger energy bill in December 2001. Our proposal is 
based on scientifically, technically, economically, and environmentally 
sound principles and would put into place a long-term, comprehensive, 
national climate change strategy. I believe that this is the right 
policy framework. The Byrd/Stevens legislation recognizes that what we 
truly need is to find new ways to begin to solve the climate change 
problem. Additionally, I believe that such innovation will be key to 
the long-term viability of coal as an energy resource.
  The primary cause of global climate change is due to the increase in 
greenhouse gases in the atmosphere, especially CO2 which 
results from the burning of fossil fuels. To deal with climate change 
during this century, the world must find better, more efficient, and 
cleaner ways to burn the very fossil fuels, including coal, that power 
virtually the entire economy. Addressing climate change is one of the 
greatest challenges facing the world in this century, and it will 
require the development of advanced energy technologies, ideas, and 
responses far beyond today's endeavors. Therefore, the U.S. must set in 
place a framework with a comprehensive strategy and structure to better 
address this global challenge.
  The Byrd/Stevens legislation calls for the development of a national 
strategy to coordinate the Federal Government's response to climate 
change and to examine how the U.S. and other nations can stabilize 
greenhouse gas concentrations over the long term. The strategy is built 
upon a foundation of four key elements, including technology 
development, scientific research, climate adaptation research, and 
mitigation measures to deal with climate change in an economically and 
environmentally sound manner.
  Byrd/Stevens recognizes that the large number of Federal agencies are 
engaged in climate change-related activities, often resulting in a 
hodgepodge of ad hoc approaches. Our legislation calls for the creation 
of a new, statutory office in the Executive Office of the President to 
serve as a focal point of accountability and to integrate the work of 
these Federal agencies while enhancing congressional oversight.
  Byrd/Stevens also fills a critical technology gap with a long-term 
research and development program through the creation of a new office 
at the Department of Energy which will focus on the innovative 
technologies necessary to move beyond the current, incremental steps 
being taken to address climate change today and authorizes $4.75 
billion over ten years for such programs. We must develop the critical, 
innovative energy technologies that will help reduce emissions, while 
simultaneously preserving a diversity of energy options to support our 
growing economy.
  Additionally, Byrd/Stevens understands that enhancing international 
research and development efforts as well as opening markets and 
exporting a range of clean energy technologies globally will be key to 
addressing the long-term climate change challenge. Finally, while it is 
critical to put in place the framework to address this long-term, 
multifaceted issue, it should be noted that the Byrd/Stevens 
legislation does not purposely include a mandatory or regulatory regime 
for emission reductions.
  Senator Stevens and I want to work in a bipartisan way to thread this 
needle--to find a way to establish a balanced, long-term framework so 
that the U.S. can better address the climate change challenge in a more 
comprehensive way. Climate change policy is no more and no less than 
cumulatively addressing good economic, energy, environmental, 
transportation, agriculture, forestry, and other relevant policy 
measures. At no time, was it our intent to presuppose or dictate any 
specific policy outcomes to the Executive Branch or the public at 
large. Rather, the Byrd/Stevens legislation incorporated the views of 
many Members and was built upon the experiences from past 
Administration's efforts in order to create a stronger, more stable 
foundation that would span this and many Administrations to come.
  In summary, I believe that, by working in a bipartisan way in the 
Senate, we have refined the Byrd/Stevens legislation without 
undermining its core principles. I hope to work with the White House 
and other Members of Congress in the energy conference on this and 
other energy-related provisions. I look forward to the eventual 
inclusion of Byrd/Stevens in a comprehensive energy plan that can 
ultimately pass the Congress and be signed by the President. Finally, I 
ask unanimous consent that my full statement before the Senate 
Government Affairs Committee on July 18, 2001, be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

  Remarks by U.S. Senator Robert C. Byrd: ``Meeting the Challenge of 
   Climate Change''--Testimony Before the Senate Government Affairs 
                        Committee, July 18, 2001

       Mr. Chairman, Senator Thompson, Senator Stevens, and 
     Members of the Committee:
       I thank you very much for inviting me to speak on behalf of 
     S. 1008, the Climate Change Strategy and Technology 
     Innovation Act of 2001, and I appreciate your holding this 
     hearing on legislation that I believe incorporates the 
     interests of a wide range of Members.
       I have spoken twice in recent months on the Senate floor 
     about the issue of global climate change. My desire to 
     discuss this important issue derives not only from my sense 
     of personal concern but also from my optimistic belief that 
     we can meet the climate

[[Page S3147]]

     change challenge if we are willing to make a commitment to do 
     so. It is my position that all nations, industrialized and 
     developing countries alike, must begin to honestly address 
     the multifaceted and very complex global climate change 
     problem. At the same time, I believe that our nation is 
     particularly well positioned, with the talent, the wisdom, 
     and the drive, in leading efforts to address the problem that 
     is before us.
       For these reasons, I, along with Senator Stevens, 
     introduced the legislation (S. 1008) that is under 
     consideration today. The Byrd/Stevens climate change action 
     plan recognizes the awesome problem posed by climate change, 
     and it puts into place a comprehensive framework, as well as 
     research and development effort to guide U.S. efforts into 
     the future. This insidious diseases that have ravaged the 
     earth. Our nation is a world leader in medical and 
     telecommunications technologies, and we should also be a 
     leader when it comes to revolutionizing our energy 
     technologies. Such a commitment would be important for our 
     economy, our energy security, and the global environment 
     overall. But I must ask how long are we going to wait to 
     develop these technologies. This is a huge opportunity for 
     our nation, but our efforts will only be rewarded if can 
     we make a concerted commitment and dedicate ourselves to 
     the task ahead.
       Make no mistake about it, global climate change is a 
     reality. There are some who may have misinterpreted my stance 
     on this issue based on Senate Resolution 98 of July 1997, 
     which I co-authored with Senator Hagel. That resolution, 
     which was approved by a 95-0 vote, said that the Senate 
     should not give its consent to any future binding 
     international climate change treaty which failed to include 
     two important provisions. That resolution simply stated that 
     developing nations, especially those largest emitters, must 
     also be included in any treaty and that such a treaty must 
     not result in serious harm to the U.S. economy. I still 
     believe that these two provisions are vitally important 
     components of any future climate change treaty, but I do not 
     believe that this resolution should be used as an excuse for 
     the United States to abandon its shared responsibility to 
     help find a solution to the global climate change dilemma.
       At the same time, we should not back away from efforts to 
     bring other nations along. The U.S. will never be successful 
     in addressing climate change alone. This is a global problem 
     that requires a global solution. It is critical that nations 
     such as China, India, Mexico, Brazil, and other developing 
     nations adopt a cleaner, more sustainable development path 
     that promotes economic growth while also reducing their 
     pollution and greenhouse gas emissions.
       In the Senate's Fiscal Year 2001 Energy and Water 
     appropriations bill, I inserted language that created an 
     interagency task force to promote the deployment of U.S. 
     clean energy technologies abroad. Such an initiative is 
     complementary to the effort proposed in S. 1008. The Clean 
     Energy Technology Exports Initiative is now underway and will 
     help foreign nations deploy a range of clean energy 
     technologies that have been developed in our laboratories. 
     These technologies are hugely marketable. For example, if 
     nations like China continue to depend on coal and other 
     fossil fuels to grow their economies into the future, it is 
     incumbent upon the U.S. to accelerate the development, 
     demonstration, and deployment of clean coal and other clean 
     energy technologies that will be critical to meeting all 
     nations' energy needs while also providing for a cleaner 
     environment.
       I believe that S. 1008 maps a responsible and realistic 
     course. That road may be bumpy--and I am sure that there will 
     be disagreements along the way--but it is a journey that we 
     must take.
       We owe it to future generations. S. 1008, if adopted and 
     signed by the President, will commit the U.S. to a serious 
     undertaking, but one that should no longer be ignored. If we 
     are to have any hope of solving one of the world's--one of 
     humanity's--greatest challenges, we must begin now.

  Mr. McCAIN. Mr. President, first, I thank the many Senators for their 
involvement in these discussions on the very complex issue of climate 
change. I applaud their efforts to reach agreement on these titles.
  It is not often that several Committees come together to discuss an 
issue that cuts across their respective jurisdictions. I think that the 
agreement that has been reached thus far represents major progress on 
the road toward addressing the problem of climate change. I, like other 
Members, have concerns that need further discussion. I think that a 
dialogue with the House and the Administration will be invaluable as we 
continue our efforts to finalize a domestic approach to the problem. 
Therefore, I look forward to working with the various Senators as we 
continue these discussions on the bill during the conference with the 
House.
  In closing, I would like to note that I have concerns with the newly 
established Office of Climate Change Technology in Title X of the bill. 
I hope these concerns can be further addressed as we proceed on the 
bill. Additionally, I have issues with the loan guarantee provisions of 
Title XIII. I will speak further on these in a separate statement.
  Mr. BINGAMAN. Mr. President, I further ask unanimous consent that the 
foregoing amendments be agreed to en bloc and the motions to reconsider 
be laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments Nos. 3231, as modified, and 3157, as modified, were 
agreed to.
  The amendments (Nos. 3232, 3242, 3244, 3245, 3246, 3247, 3248, 3249, 
and 3250) were agreed to, as follows:


                           amendment no. 3232

  (The amendment is printed in today's Record under ``Text of 
Amendments.'')


                           amendment no. 3242

       On page 177, line 20, insert after ``information'' the 
     following: ``retrospectively to 1998,''
       On page 177, line 25, strike ``consumed'' and insert 
     ``blended''.
       On page 187, line 2, strike ``commodities and''.
       On page 188, line 20, strike ``distributors''.
       On page 191, line 6, strike ``refiners'' and insert 
     ``refineries''.
       On page 191, line 17, strike ``distributes''.
       On page 198, strike line 24 and all that follows through 
     page 199, line 21.
       On page 204, line 3, strike ``importer, or distributor'' 
     and insert ``or importer''.
       On page 205, line 5, strike ``(2) Effective Date.--This 
     section'' and insert the following:
       ``(2) Exceptions.--This subsection shall not apply to 
     ethers.
       ``(3) Effective date.--This subsection''.
       On page 222, line 23, strike ``(B)'' and insert ``(C)''.
       On page 233, line 18, strike ``(k)'' and insert 
     ``paragraph''.
                                  ____



                           amendment no. 3244

       On page 3, line 4, strike ``Electrical'' and insert 
     ``Energy''.
       On page 3, line 5, strike ``electrical'' and insert 
     ``energy''.
       On page 5, line 4, strike ``electrical'' and insert 
     ``energy''.
       On page 5, lines 12-13, strike ``standard established by 
     a'' and insert ``applicable''.
       On page 5, lines 13-14, strike ``standard described in'' 
     and insert ``low emissions vehicle standards established 
     under authority of''.
       On page 6, line 5, strike ``electrical'' and insert 
     ``energy''.
                                  ____



                           AMENDMENT NO. 3245

        (Purpose: To clarify the definition of ``tribal lands'')

       On page 101, strike line 24 and all that follows through 
     page 102, line 2 and insert the following:
       ``(6) Tribal lands.--The term `tribal lands' means any 
     tribal trust lands, or other lands owned by an Indian tribe 
     that are within such tribe's reservation.''.
                                  ____



                           AMENDMENT NO. 3246

        (Purpose: To clarify the definition of ``Indian land'')

       On page 93, lines 8 through 9, strike ``on the date of 
     enactment of this section was'' and insert ``is''.
                                  ____



                           AMENDMENT NO. 3247

            (Purpose: To preserve oil and gas resource data)

       Add at the end of title VI the following:

     ``SEC. 612. PRESERVATION OF OIL AND GAS RESOURCE DATA.

       ``The Secretary of the Interior, through the United States 
     Geological Survey, may enter into appropriate arrangements 
     with State agencies that conduct geological survey activities 
     to collect, archive, and provide public access to data and 
     study results regarding oil and natural gas resources. The 
     Secretary may accept private contributions of property and 
     services for purposes of this section.''.
                                  ____



                           Amendment No. 3248

(Purpose: To facilitate resolution of conflicts between the development 
of Federal coal and the development of Federal and non-Federal coalbed 
       methane in the Powder River Basin in Wyoming and Montana)

       Add at the end of title VI the following:

     ``SEC 611. RESOLUTION OF FEDERAL RESOURCE DEVELOPMENT 
                   CONFLICTS IN THE POWDER RIVER BASIN.

       ``The Secretary of the Interior shall undertake a review of 
     existing authorities to resolve conflicts between the 
     development of Federal coal and the development of Federal 
     and non-Federal coalbed methane in the Powder River Basin in 
     Wyoming and Montana. Not later than 90 days from enactment of 
     this Act, the Secretary shall report to Congress on her plan 
     to resolve these conflicts.''
                                  ____



                           amendment no. 3249

    (Purpose: To facilitate timely action on oil and gas leases and 
applications for permits to drill and inspection and enforcement of oil 
                          and gas activities)

       On page 126, strike line 2 and all that follows through 
     line 14 and insert the following: ``the States; and

[[Page S3148]]

       ``(3) improve the collection, storage, and retrieval of 
     information related to such leasing activities.
       ``(b) Improved Enforcement.--The Secretary shall improve 
     inspection and enforcement of oil and gas activities, 
     including enforcement of terms and conditions in permits to 
     drill.
       ``(c) Authorization of Appropriations.--For each of the 
     fiscal years 2003 through 2006, in addition to amounts 
     otherwise authorized to be appropriated for the purpose of 
     carrying out section 17 of the Mineral Leasing Act (30 U.S.C. 
     226), there are authorized to be appropriated to the 
     Secretary of the Interior.
       ``(1) $40,000,000 for the purpose of carrying out 
     paragraphs (1) through (3) of subsection (a); and
       ``(2) $20,000,000 for the purpose of carrying out 
     subsection (b).''.
                                  ____



                           Amendment No. 3250

  (Purpose: To clarify the application of section 927 to certain air 
                             conditioners)

       On page 294, after line 18, insert the following and 
     renumber the subsequent paragraph:
       ``(6) Air conditioners and heat pumps that--
       ``(A) are small duct,
       ``(B) are high velocity, and
       ``(C) have external static pressure several times that of 
     conventional air conditioners or heat pumps--

     shall not be subject to paragraphs (1) through (4), but shall 
     be subject to standards prescribed by the Secretary in 
     accordance with subsections (o) and (p). The Secretary shall 
     prescribe such standards by January 1, 2004.''.


              Vitiation of Adoption of Amendment No. 3061

  Mr. BINGAMAN. Mr. President, I ask unanimous consent that the Senate 
vitiate the adoption of amendment No. 3061, adopted on March 21, and 
that the text of amendment No. 2917 stricken by amendment No. 3061 be 
reinstated.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.


Amendment No. 3008, As Amended, and Amendment No. 3145, As Modified, To 
                           Amendment No. 3008

  Mr. BINGAMAN. Mr. President, I ask unanimous consent that 
notwithstanding rule XXII, the Senate now consider amendment No. 3008; 
that amendment No. 3145 to amendment No. 3008 be modified by the 
changes at the desk; that amendment No. 3145, as modified, be agreed 
to; that amendment No. 3008, as amended, be agreed to, and that the 
motions to reconsider be laid upon the table.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The amendment (No. 3145), as modified, was agreed to, as follows:
       In lieu of the matter proposed to be added, insert the 
     following:

     SEC. 8   . FEDERAL AGENCY ETHANOL-BLENDED GASOLINE AND 
                   BIODIESEL PURCHASING REQUIREMENT.

       Title III of the Energy Policy Act of 1992 is amended by 
     striking section 306 (42 U.S.C. 13215) and inserting the 
     following:

     ``SEC. 306. FEDERAL AGENCY ETHANOL-BLENDED GASOLINE AND 
                   BIODIESEL PURCHASING REQUIREMENT.

       ``(a) Ethanol-Blended Gasoline.--the head of each Federal 
     agency shall ensure that in areas in which ethanol-blended 
     gasoline is reasonably available at a generally competitive 
     price, the Federal agency purchases ethanol-blended gasoline 
     containing at least 10 percent ethanol rather than 
     nonethanol-blended gasoline, for use in vehicles used by the 
     agency that use gasoline.
       ``(b) Biodiesel.--
       ``(1) Definition of biodiesel.--In this subsection, the 
     term `biodiesel' has the meaning given the term in section 
     312(f).
       ``(2) Requirement.--The head of each Federal agency shall 
     ensure that the Federal agency purchases, for use in fueling 
     fleet vehicles that use diesel fuel used by the Federal 
     agency at the location at which fleet vehicles of the Federal 
     agency are centrally fueled, in areas in which the biodiesel-
     blended diesel fuel described in paragraphs (A) and (B) is 
     available at a generally competitive price--
       ``(A) as of the date that is 5 years after the date of 
     enactment of this paragraph, biodiesel-blended diesel fuel 
     that contains at least 2 percent biodiesel, rather than 
     nonbiodiesel-blended diesel fuel; and
       ``(B) as of the date that is 10 years after the date of 
     enactment of this paragraph, biodiesel-blended diesel fuel 
     that contains at least 20 percent biodiesel rather than 
     nonbiodiesel-blended diesel fuel.
       ``(3) the provisions of this subsection shall not be 
     considered at requirement of Federal law for the purposes of 
     section 312.
       ``(c) Exemption.--This section does not apply to fuel used 
     in vehicles excluded from the definition of ``fleet'' by 
     subparagraphs (A) through (H) of section 301 (9).''.

  The amendment (No. 3008), as amended, was agreed to.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. REID. Mr. President, the Senator from New Mexico mentioned that 
all these amendments have been cleared on the other side.


                     Amendment No. 3115, Withdrawn

  Mrs. FEINSTEIN. Mr. President, I withdraw amendment No. 3115.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                Amendment No. 3225 To Amendment No. 2917

(Purpose: To modify the provision relating to the renewable content of 
 motor vehicle fuel to eliminate the required volume of renewable fuel 
                        for calendar year 2004)

  Mrs. FEINSTEIN. Mr. President, I call up, for the purposes of setting 
them aside, two amendments. The first one is amendment No. 3225, and I 
ask the clerk to report the amendment.
  The PRESIDING OFFICER. Without objection, the pending amendment is 
set aside. The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from California [Mrs. Feinstein] proposes an 
     amendment numbered 3225.

  (The text of the amendment is printed in today's Record under ``Text 
of Amendments.'')
  Mrs. FEINSTEIN. Mr. President, all this amendment would do is provide 
1 additional year to prepare for the mandate. That would change one 
date, changing this mandate from 2004 to 2005. And I ask unanimous 
consent the amendment be set aside.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
amendment is set aside.


                Amendment No. 3170 To Amendment No. 2917

  Mrs. FEINSTEIN. Mr. President, I call up amendment No. 3170, and I 
ask the clerk to report the amendment.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from California [Mrs. Feinstein] proposes an 
     amendment numbered 3170.

  Mrs. FEINSTEIN. Mr. President, I ask unanimous consent reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

 (Purpose: To reduce the period of time in which the Administrator may 
   act on a petition by 1 or more States to waive the renewable fuel 
                          content requirement)

       Beginning on page 195, strike line 19 and all that follows 
     through page 196, line 4, and insert the following:
       ``(B) Petition for Waivers.--
       ``(i) In General.--The Administrator, in consultation with 
     the Secretary of Agriculture and the Secretary of Energy, 
     shall approve or disapprove a State petition for a waiver of 
     the requirement of paragraph (2) within 90 days after the 
     date on which the petition is received by the Administrator.
       ``(ii) Failure to act.--If the Administrator fails to 
     approve or disapprove a petition within the period specified 
     in clause (i), the petition shall be deemed to be approved.

  Mrs. FEINSTEIN. Mr. President, this amendment would say that in an 
emergency, instead of having to wait 240 days for the EPA to respond, 
either to serious harm to the economy or an inadequate domestic supply 
or distribution capacity to meet the requirements of the mandate, the 
EPA would have 90 days to consider that.
  I ask unanimous consent this amendment be set aside.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. FEINSTEIN. I thank the Chair and yield the floor.
  The PRESIDING OFFICER. The Senator from Illinois.


                Amendment No. 3124 to Amendment No. 2917

  Mr. FITZGERALD. Mr. President, I ask unanimous consent to set aside 
the pending amendment to call up amendment No. 3124, which is at the 
desk.
  The PRESIDING OFFICER. Without objection, the pending amendment is 
set aside, and the clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Illinois [Mr. Fitzgerald], for himself, 
     Mr. Corzine, Mr. Jeffords, and Mr. Chafee, proposes an 
     amendment numbered 3124.

  Mr. FITZGERALD. Mr. President, I ask unanimous consent reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

(Purpose: To modify the definitions of biomass and renewable energy to 
                     exclude municipal solid waste)

       On page 81, between lines 2 and 3, insert the following:

     SEC. 2  . DEFINITIONS OF BIOMASS AND RENEWABLE ENERGY FOR THE 
                   PURPOSES OF THE FEDERAL PURCHASE REQUIREMENT 
                   AND THE FEDERAL RENEWABLE PORTFOLIO STANDARD.

       (a) Federal Purchase Requirement.--

[[Page S3149]]

       (1) Biomass.--In section 263, the term ``biomass'' does not 
     include municipal solid waste.
       (2) Renewable energy.--Notwithstanding anything to the 
     contrary in subsection (a)(2) of section 263, for purposes of 
     that section, the term ``renewable energy'' does not include 
     municipal solid waste.
       (b) Federal Renewable Portfolio Standard.--
       (1) Biomass.--Notwithstanding anything to the contrary in 
     subsection (l)(1) of section 606 of the Public Utility 
     Regulatory Policies Act of 1978 (as added by section 265), 
     for the purposes of that section, the term ``biomass'' does 
     not include municipal solid waste.
       (2) Rewewable energy resource.--Notwithstanding anything to 
     the contrary in subsection (l)(10) of section 606 of the 
     Public Utility Regulatory Policies Act of 1978 (as added by 
     section 265), for the purposes of that section, the term 
     ``renewable energy resource'' does not include municipal 
     solid waste.

  Mr. FITZGERALD. Mr. President, I rise today to offer an amendment 
that excludes the incineration of municipal solid waste from the 
definitions of renewable energy and biomass in the energy bill's 
Federal purchase requirement and renewable portfolio standard. This 
amendment, which is cosponsored by Senators Corzine, Jeffords, and 
Chafee, closes a loophole in the bill that would encourage the use of 
municipal solid waste incinerators that emit harmful pollutants into 
our air. Increased incineration will result in greater pollution which, 
in turn, will lead to greater health problems for all Americans.
  The goal of the renewable portfolio standard and the Federal purchase 
requirement in the energy bill is to promote a cleaner environment and 
diversify our Nation's energy sources. My amendment to the Daschle 
substitute helps to achieve that goal by eliminating the incentive for 
environmentally hazardous municipal solid waste incinerators. Whatever 
your thoughts are on the ultimate merits of incineration as a tool of 
waste management, its inclusion in the energy bill as a clean and 
renewable energy source is hard to defend.
  This amendment does not preclude communities that elect to generate 
electricity from incinerating their waste from doing so, but, rather, 
prevents them from receiving special treatment under Federal law. As 
many of you know, the renewable portfolio standard requires that 
utilities either produce a percentage of their power from renewable 
energy sources or that they purchase credits from another party for any 
shortfall.
  Similarly, the Federal purchase requirement in the bill, which I 
championed during my tenure on the Energy and Natural Resources 
Committee, requires that a percentage of the power consumed by the 
Federal Government come from renewable energy sources. Under the 
existing language now in the Daschle substitute, as amended by Senators 
Bingaman and Thomas, the incineration of waste would be considered 
alongside wind and solar as a clean and renewable energy source. I 
doubt that those in communities with waste incinerators would consider 
those incinerators as environmentally innocuous as solar and wind 
energy.
  During my years in the Illinois General Assembly, in the Illinois 
State Senate, I was confronted by a similar scheme to promote 
incentives for waste incinerators. In 1987, prior to my arrival in the 
General Assembly, that body approved a tax incentive that encouraged 
the construction of waste incinerators to generate electricity.
  This subsidy to the waste incineration industry, which amounted to 
nearly $360 million over 20 years, according to some estimates, led to 
a proliferation of planned incinerators in mostly poor communities 
surrounding the city of Chicago. In response to significant public 
health and environmental concerns raised by these and surrounding 
communities, I joined several colleagues in repealing this subsidy and 
preventing the actual construction of many of these incinerators in my 
home State. I would hope that my colleagues could benefit from the 
experience that Illinois gained from providing special incentives to 
waste incinerators.
  As many of you already know, municipal solid waste consists of 
residential and commercial refuge or garbage and is the largest source 
of waste in industrialized countries. Municipal solid waste is often 
burned as an alternative to placing the waste in landfills. Municipal 
solid waste incinerators burn this waste and, in the process, can 
generate electricity. This process only produces a minimal amount of 
electricity, while the environmental costs are immense. The 
incineration of municipal solid waste releases numerous pollutants into 
the air, including acid gases, toxic heavy metals, dioxins, particulate 
matter, nitric oxide, hydrogen chloride, and furans, to name but a few. 
The EPA has found that municipal solid waste incinerators are the No. 1 
source of dioxin emissions nationwide and are responsible for nearly 20 
percent of the Nation's mercury emissions.
  The release of pollutants from municipal solid waste incinerators can 
lead to a myriad of serious public health problems. The hazardous 
materials emitted by municipal solid waste incinerators are deposited 
in fields, streams, woodlands, and other places. Municipal solid waste 
pollutants are linked to cancer, respiratory ailments, and reproductive 
problems.
  Some contend that incineration can be made clean by removing harmful 
materials from the waste prior to its incineration or by limiting 
emissions by using filters and other pollution-control equipment. But 
regardless of these or other steps taken by municipal solid waste 
incinerator operators, such as scrubbing technologies, to limit the 
pollution, incinerators are still not a clean source of energy.
  Pollution control efforts are largely ineffective because they fail 
to contain 100 percent of these emissions. And even when most of the 
emissions are contained, the resulting ash left over from the 
incineration process must be disposed of as a hazardous waste. If this 
hazardous waste is not disposed of properly, the ash can also cause 
considerable health problems. When fly ash is released into the air, 
people breathe in the small particles which can then sit in their lungs 
and lead to a number of the ailments I have already mentioned.
  My amendment clarifies that the definition of biomass in the energy 
bill should not be construed to provide any special incentives to 
businesses that incinerate municipal solid waste. Eliminating these 
types of waste from the definition of biomass is consistent with the 
definition of biomass provided in the tax portion of the energy bill. 
The tax portion of the energy bill specifically excludes municipal 
solid waste in its biomass definition. If we choose to include 
municipal solid waste incinerators in the definition of biomass, we 
will be advocating for the economic interest of waste incinerator 
operators at the expense of the health of the American people.
  The amendment I am offering seeks to preserve the health of our 
citizens and to keep our environment clean. Excluding municipal solid 
waste from the definition of biomass and renewable energy is the 
environmentally responsible thing to do. It would seem incomprehensible 
to me to grant municipal solid waste incinerators a special incentive 
to increase the burning of municipal solid waste that would spoil the 
environment and put the public's health in jeopardy.
  This is a commonsense amendment that separates municipal solid waste 
incinerators from the other clean and renewable energy sources already 
included in the Daschle substitute amendment. It is consistent with the 
tax provisions and the energy bill's overarching goal of providing 
clean energy and a safe environment for future generations.
  I hope you will join me in voting for this amendment to protect our 
environment and the health of the American people.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Miller). The Senator from Alaska.
  Mr. MURKOWSKI. Mr. President, the amendment proposes to eliminate 
municipal solid waste as a qualifying generator type for the purpose of 
the renewable portfolio standard. I rise to oppose the amendment.
  Specifically, I am opposed to the renewable portfolio standard as a 
matter of policy because I think the cost to consumers is exorbitant, 
some $88 billion over the next 20 years. I also am opposed to the 
pending amendment because consumers are going to pay even more than 
that. By reducing the types of qualifying generators, that will 
increase the cost of renewable credits which will be passed on to 
consumers through, obviously, the only alternative, which is higher 
electric rates.

[[Page S3150]]

  I encourage consideration of opposing the amendment.
  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. BINGAMAN. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Ms. CANTWELL. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. CANTWELL. Mr. President, I ask unanimous consent that the pending 
amendment be set aside.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                Amendment No. 3234 To Amendment No. 2917

  Ms. CANTWELL. Mr. President, I send to the desk amendment No. 3234.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Washington [Ms. Cantwell], for herself, 
     Mr. Dayton, Mr. Wellstone, Mr. Feingold, Mrs. Boxer, Mr. 
     Wyden, Mrs. Murray, Ms. Stabenow, and Mr. Jeffords, proposes 
     an amendment numbered 3234 to Amendment No. 2917.

  Ms. CANTWELL. Mr. President, I ask unanimous consent that further 
reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  Ms. CANTWELL. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. HARKIN. I would like to say a word about an amendment to the 
energy bill that I filed today and about a couple tax provisions on 
which I have been working. As my colleagues know well, I have long 
sought to promote hydrogen and fuel cells as clean, efficient energy 
technologies that also will enable an economy based on domestic 
renewable energy sources. There are a number of provisions in the 
energy bill that help move us in this direction. I am pleased that the 
bill includes the Hydrogen Future Act I introduced in the Senate to 
reauthorize DOE hydrogen energy programs. The energy tax provisions 
intended for the bill include strong tax credits for both stationary 
fuel cells and fuel cell vehicles, as well as for hydrogen and hydrogen 
fueling appliances.
  However, I believe more Federal action is needed to accelerate the 
commercialization of fuel cell technologies and bring their benefits to 
our country. In particular, the Federal Government needs to take bolder 
action to bring about the introduction of fuel cell passenger vehicles 
and of a hydrogen refueling infrastructure. Thus my amendment would 
create a federal fuel cell vehicle pilot program. In this program the 
Department of Energy would work with other federal agencies to identify 
several Federal fleets that would be suitable for demonstrating fuel 
cell vehicles under a variety of real-world conditions. DOE would help 
install the necessary fueling infrastructure at those sites; this 
infrastructure could also be used for a stationary fuel cell at the 
same location and be made available to other fuel cell vehicles. DOE 
would purchase several hundred fuel cell vehicles, and DOE and the 
companies that make the vehicles would assist the federal fleets to 
operate and maintain these vehicles in normal service. Data would be 
collected both to improve the next generation of vehicles and to assist 
fleet operators in incorporating fuel cell cars, and there would be 
regular reporting to Congress. The amendment also requires at least a 
50 percent cost share from non-federal sources, as in most DOE 
demonstration programs. The total authorization for the program over 
six years would be $350 million.
  This amendment includes a second provision for a study of the 
potential of stationary fuel cells in federal buildings. Even before 
fuel cell vehicles are commercially available, fuel cells have a great 
potential for providing distributed, highly reliable power for 
buildings, as well as heat. This study would look at what should be 
done to incorporate fuel cells into new federal buildings, so that 
planning for the buildings from the first stages can optimize the use 
of fuel cells and so that appropriate incentives can be put in place to 
encourage Federal purchase of stationary fuel cells. Again the Federal 
Government can become a lead consumer to foster commercialization of 
fuel cells and to demonstrate their benefits.
  We also need to build a hydrogen fueling infrastructure. I am working 
with the Finance Committee to make two important changes to the 
excellent alternative fuel provisions that are in their package, in 
order to make the provisions effective for hydrogen fuel. The first 
would extend the credit for installation of hydrogen fueling property 
through 2011. This would simply match the credit for the fuel cell 
vehicles themselves, and recognizes that it will be several years 
before commercial fuel cell vehicles are readily available and there is 
significant demand for hydrogen fuel. The second change would alter the 
definition of refueling property so that not only storage and 
dispensing of hydrogen but also production of hydrogen from natural gas 
and other alternative fuels would be included. This is necessary 
because unlike natural gas, for example, today you can't just pipe in 
the hydrogen to a fueling station. You need to make the hydrogen on-
site, most likely be reforming natural gas. This amendment would 
clarify the definition to be sure that such equipment is covered.
  Finally, on the tax provisions, I hope to extend the tax credit and 
the exemption from the excise tax for biodiesel. Biodiesel is a 
renewable product made from soy beans that can be mixed with diesel 
roughly like ethanol is mixed with gasoline. Its use would cut our use 
of diesel and thus our consumption of petroleum, and also cut 
associated emissions. The tax provisions include a three-year tax 
credit for biodiesel. While this credit could be very helpful to 
establishing a strong biodiesel industry, three years is not enough to 
ensure return on investment in a new biodiesel plant. Both the 
investors and the creditors need a longer planning horizon to be 
confident of a stable market for the biodiesel. Thus I hope we will be 
able to extend this important new incentive in order to maximize its 
effectiveness.
  With these provisions, and many others in the bill and the tax 
package, I look forward to a bright, clean, domestic, renewable energy 
future.

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