[Congressional Record Volume 148, Number 150 (Tuesday, November 19, 2002)]
[Senate]
[Page S11552]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   THE FAILURE TO PASS AN ENERGY BILL

  Mr. ROCKEFELLER. Mr. President, it is with a tremendous amount of 
frustration and disappointment that I come before the Senate to discuss 
the failure of efforts in the 107th Congress to craft an energy bill. I 
have been a long-time advocate of a comprehensive national policy that 
would address the national and economic security aspects of this 
country's growing demand for energy, as well as the importance of 
protecting our environment.
  I was very proud of the work the Senate had done this year to produce 
this legislation. Under the leadership of Majority Leader Tom Daschle 
and Senate Energy and Natural Resources Chairman Jeff Bingaman, the 
Senate did what many in Washington thought impossible--we produced 
balanced and responsible energy legislation combining increased 
domestic production of conventional fuels, expanded use of alternative 
and renewable energy sources, and energy conservation and efficiency 
programs. Unfortunately, in our rush to complete work on a number of 
pending matters, many Senators chose to not proceed with Conference 
negotiations, acquiescing in what I would characterize as a strategy to 
scuttle this worthwhile bill.
  Perhaps the thought was that a better bill--or at least one that 
better met a different set of priorities--could be crafted next year. 
Candidly, I doubt it. I believe the demise of the Energy bill this year 
is unfortunate for West Virginia, and for the entire nation. During a 
nearly year-long debate on the complex components of the energy bill, 
my position as a senior Majority member of the Senate Finance Committee 
allowed me to influence the legislation so that its end results would 
be good for consumers, workers, and industries in my state of West 
Virginia. I am concerned that a new set of circumstances confronting 
the 108th Congress will result in a bill that does not serve my state 
nearly as well.
  While the need to grapple with energy issues will not go away, no 
matter what other factors are to be considered, Congress will be forced 
to act in a vastly changed budgetary climate. The growing deficit, 
additional proposed tax cuts, and the need to fund both a war on 
terrorism and a possible war with Iraq, will inhibit the ability of 
Congress to make any significant outlays to improve our energy 
situation.
  The 2002 energy bill was a bipartisan effort. Perhaps most 
significantly for West Virginia, there was general agreement among 
Senate conferees that the final bill should include meaningful Clean 
Coal incentives. I worked very hard to see that the Senate-passed bill 
included incentives for the installation of Clean Coal technologies on 
smaller existing coal-burning facilities, such as we have in West 
Virginia. The version passed by the House would have bypassed existing 
facilities altogether--putting thousands of West Virginia jobs at risk 
and jeopardizing the health of all West Virginians downwind of these 
plants. As a member of the House-Senate Conference Committee 
reconciling the two versions of the energy bill, I was able to ensure 
that the final legislation included incentives for existing facilities. 
If the energy bill is considered again in the 108th Congress, I will 
likely again be a conferee, but my ability to apply pressure to benefit 
the people and environment of our state will be lessened.

  I also worked closely with a number of colleagues from both parties 
to see that the bill included incentives to capture coal mine methane, 
a deadly hazard in coal mines, and a potent greenhouse gas when vented 
to protect the lives of miners. I was proud to join with members from 
both sides of the aisle to extend credits for the production of oil and 
natural gas from non-conventional sources. Without this credit, the 
natural gas industry in the entire Appalachian Basin would likely cease 
to exist. Likewise, I was pleased to join in a bipartisan effort to 
promote the use of alternative fuels and alternative fuel vehicles. 
Similarly, I joined colleagues from across the political spectrum to 
further research and development and create tax incentives for the 
production of electricity from renewable sources, and to increase 
energy efficiency in homes, commercial buildings, and appliances.
  In fact, what most frustrates me is that this product of so much 
bipartisan cooperation is dead because of what may have been a cynical 
calculation to reconsider later a few issues with which there will 
never be truly bipartisan agreement.
  If the next Congress does revisit the issue of a national energy 
policy, I am certain that those in charge will put much-needed emphasis 
on domestic production. At the same time, I have serious doubts that 
the incoming congressional majorities will toil quite as hard to 
balance that priority with the equally necessary issue of protecting 
the environment. In the same vein, while I suspect that there will be 
new efforts to exploit the Arctic National Wildlife Refuge and on our 
other public lands, regardless of the minimal amounts of mineral 
resources that may be recoverable, I am not confident that a new bill's 
authors will show the same zeal to expand our domestic energy 
production from clean and abundant renewable resources.
  This has been a hard fight, and while not perfect, the legislation we 
were so close to producing would have been the truly comprehensive and 
balanced energy policy that I have been calling for since I came to 
Congress eighteen years ago. Since then, I have continuously urged my 
colleagues in the Congress, as well as both Republican and Democratic 
presidential administrations, to work together on a responsible energy 
policy for this country. The 107th Congress was prepared to deliver a 
balanced, comprehensive energy plan for the President's signature. Now, 
for a number of reasons the energy bill is dead, putting the American 
economy and the American environment at risk. I find this frustrating, 
short-sighted, and extremely unfortunate.

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