[Senate Report 116-210]
[From the U.S. Government Publishing Office]
Calendar No. 355
116th Congress} { Report
SENATE
2d Session } { 116-210
======================================================================
PROMOTING AMERICAN ENERGY JOBS ACT OF 2019
_______
January 28, 2020.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2508]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2508) to require the Secretary of Energy
to establish a council to conduct a survey and analysis of the
employment figures and demographics in the energy, energy
efficiency, and motor vehicle sectors of the United States, and
for other purposes, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill, as amended, do pass.
AMENDMENT
The amendment, as amended, is as follows:
On page 3, strike lines 16 and 17 and insert the following:
(B) perform an analysis of the employment figures and demographics
in those sectors, including the number of personnel in each sector who
devote a substantial portion of working hours, as determined by the
Secretary, to compliance matters.
PURPOSE
The purpose of S. 2508 is to require the Secretary of
Energy (Secretary) to establish a council to conduct a survey
and analysis of the employment figures and demographics in the
energy, energy efficiency, and motor vehicle sectors of the
United States.
BACKGROUND AND NEED
The second annual United States Energy and Employment
Report published by the Department of Energy (DOE) in January
2017 (2017 employment report) found, relying on employment data
collected by the Bureau of Labor Statistics, that energy and
energy efficiency industries employed 6.4 million Americans in
2016. The 2019 U.S. Energy and Employment Report, published by
the National Association of State Energy Officials and the
Energy Futures Initiative, a non-profit think tank, using the
same methodology that DOE used to produce its 2017 employment
report, found that that figure had increased to 6.7 million
jobs by the end of 2018.
The 2017 employment report found that 73 percent of energy-
related industries reported difficulty hiring qualified workers
over the last 12 months, and that 26 percent found it very
difficult. As the energy sector grows increasingly more
diverse, a wider variety of technical qualifications and
skillsets will be required. DOE's second installment of the
Quadrennial Energy Review found that workforce retirement is a
particularly large issue for the electric power industry. This
is due to a decrease in workforce training programs in the
1980s that will lead to a gap in upper management following the
retirement of baby boomers. The 2017 employment report also
noted that energy employment is less diverse than other
industries, with women representing 22 to 34 percent of
workforce, compared to the U.S. average of 47 percent.
Traditionally, DOE's role in workforce development has
focused on research investments that support students,
universities, and the national laboratories. DOE has previously
operated a Jobs Strategy Council that has several programs
related to workforce development, including a variety of
programs dedicated to supporting veterans. DOE also sponsors
scholarships and funding for education from K-12 education
through postdoctoral fellowships. Each of the national
laboratories also has outreach programs dedicated to education
and workforce development.
The Promoting American Energy Jobs Act would codify the
previous 2017 employment report as an annual DOE requirement.
It would also create a permanent Energy Jobs Council at the
Department to oversee the report.
LEGISLATIVE HISTORY
Senators Shaheen and McSally introduced S. 2508 on
September 18, 2019. The Energy Subcommittee held a hearing on
the measure on November 6, 2019.
The Senate Committee on Energy and Natural Resources met in
open business session on November 19, 2019, and ordered S. 2508
favorably reported, as amended.
Following the Committee's action, both the House and the
Senate passed, and the President signed into law, the Further
Consolidated Appropriations Act, 2020, Public Law 116-94. The
Act provides $1.7 million for the Department to complete a U.S.
energy employment report as outlined in the reports of the
House and Senate Appropriations Committees on their respective
Energy and Water Development Appropriations bills for fiscal
year 2020. (H. Rept. 116-83 at 117-118 (2019); S. Rept. 116-102
at 71 (2019).
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on November 19, 2019, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
2508, if amended as described herein.
COMMITTEE AMENDMENT
During its consideration of S. 2508, the Committee adopted
an amendment offered by Senator Lee with a modification
proposed by Senator Manchin. The amendment amends subparagraph
(b) of section 2(b)(1) of the bill, which requires the Energy
Jobs Council to perform an analysis of the employment figures
and demographics in the energy, energy efficiency, and motor
vehicle sectors of the economy, by adding the requirement that
the analysis include the number of personnel in each sector who
devote a substantial portion of working hours to compliance
matters.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 sets forth the short title of the bill.
Sec. 2. Survey, analysis, and report on employment and demographics in
the energy, energy efficiency, and motor vehicle sectors in the
United States
Section 2(a) requires the Secretary of Energy (Secretary)
to establish an Energy Jobs Council (Council) to be comprised
of members of the Energy Information Agency and members of the
State Energy Advisory Board appointed by the Secretary. In
addition, the Secretary of Commerce is directed to appoint
representatives of the Department of Commerce and
representatives of the Bureau of the Census, and the Secretary
of Labor is directed to appoint representatives from the Bureau
of Labor Statistics. The Secretary is also authorized to
request representatives of any Federal agency whose assistance
is required to carry out the Act be appointed by the head of
the applicable agency.
Subsection (b) sets forth the requirements of the energy
and employment survey and analysis. It requires the Council to
conduct a survey of energy-related employers and to perform an
analysis of employment figures and demographics in those
sectors, include the number of personnel focused on compliance
matters.
This subsection requires the survey to use the previously
approved methodology from 2016 and a representative sample of
the United States. It must also be designed to receive
responses from businesses similar to those that responded to
the 2016 and 2017 energy and employment surveys.
In conducting the survey the Council is required to consult
with key stakeholders including Federal agencies, States, the
State Energy Advisory Board, and energy industry trade
associations.
Subsection (c) requires the Secretary to provide a public
report on energy and employment in the United States within one
year of enactment, and annually thereafter. The contents must
include employment figures for electric power generation
sector, the transmission, storage and distribution sector, the
energy efficiency sector, and the motor vehicle sector.
COST AND BUDGETARY CONSIDERATIONS
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the Congressional Budget Office
completes its cost estimate, it will be posted on the internet
at www.cbo.gov.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2508.
S. 2508 requires the Secretary of Energy to establish an
Energy Jobs Council to conduct a voluntary survey of employers
in the energy, energy efficiency, and motor vehicle sectors in
order to collect employment and demographic data for those
sectors. Section 2(b)(2)(A) of the bill, however, requires the
Council to employ the survey methodology approved by the Office
of Management and Budget (OMB) in 2016 for use in generating
the data for the 2017 employment report.
DOE was required to obtain OMB approval to conduct its
energy jobs survey in 2016 by the Paperwork Reduction Act of
1995. In seeking OMB's approval of its data collection
methodology for the energy jobs survey, DOE estimated that it
would need to contact approximately 30,000 companies by
electronic mail or telephone per year. DOE estimated that
20,000 of the 30,000 companies contacted would not qualify for
the survey and that the average burden to respond to the online
survey or phone interview on those companies would average less
than a minute and a half per company. DOE further estimated
that approximately 10,000 of the 30,000 companies contacted
would qualify for the survey and agree to take the survey. It
estimated that about 8,800 of the 10,000 companies would employ
less than 100 workers, and the average response would take
about 15 minutes, and that the response time of the remaining
1,200 companies that employ more than 100 workers would average
about 30 minutes. Based upon those assumptions, DOE estimated
that the average response burden would be about 6.42 minutes
and would cost about $7.19 per respondent.
Moreover, the survey methodology approved by OMB in 2016
that the bill requires the Energy Jobs Council to use is
designed to avoid paperwork burdens on companies by encouraging
them to complete the survey electronically or by telephone, and
by not requiring them to keep any data, but simply report on
their current workforce. Individual responses remain
confidential and data is reported only in aggregated format so
that individual company responses are not identifiable. No
personal data is collected.
Based upon the bill's requirement that the Energy Jobs
Council employ the data collection methodology that OMB
approved in 2016 (OMB Control Number 1910-5179) and DOE's
supporting documentation, which can be found on OMB's website
(www.reginfo.gov), the Committee does not believe S. 2508
impose a regulatory burden or additional paperwork requirements
on private individuals or businesses, or impact personal
privacy.
CONGRESSIONALLY DIRECTED SPENDING
S. 2508, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Department of Energy at the
November 6, 2019, hearing on S. 2508 follows:
Testimony of Assistant Secretary Daniel Simmons, Office of Energy
Efficiency and Renewable Energy, U.S. Department of Energy
introduction
Chairman Cassidy, Ranking Member Heinrich, and Members of
the Energy Subcommittee of the Committee on Energy and Natural
Resources, thank you for the opportunity to testify today on
legislation pertinent to the Department of Energy now pending
in the Senate. My name is Daniel Simmons, and I am the
Assistant Secretary for the Office of Energy Efficiency and
Renewable Energy (EERE).
As the Assistant Secretary, I am responsible for overseeing
a broad portfolio of energy efficiency and renewable energy
programs. The technologies in my portfolio advance America's
economic growth and energy security while enhancing the
reliability and resilience of the U.S. energy system. The
Department of Energy supports improving the energy efficiency
and reducing energy costs, while at the same time ensuring
important performance standards are met or exceeded. For
instance, we want to ensure schools and other buildings are
sufficiently bright to ensure safety, and that water flow from
faucets is strong enough to clean dirty hands. Today, I would
like to share what relevant work my office has done and is
doing in the areas that these bills address.
I have been asked to testify on eleven (11) bills today,
addressing a range of important energy issues. The
Administration continues to review all of these bills. I
appreciate the ongoing bipartisan efforts to address our
Nation's energy challenges and I look forward to working with
the Committee.
bills
S. 2508--Promoting American Energy Security Jobs
S. 2508 requires the Secretary of Energy to establish a
council to conduct a survey and analysis of the employment
figures and demographics in the energy, energy efficiency, and
motor vehicle sectors of the United States. In addition to key
stakeholders, the Council shall include representatives from
Commerce, Transportation, Census Bureau, Bureau of Labor
Statistics, EPA, State Energy Advisory Board and energy trade
associations. It also directs the Department to publish a
report, to be entitled the ``U.S. Energy and Employment
Report'', describing the employment figures and demographics in
the energy, energy efficiency, and motor vehicle sectors of the
United States based on the survey and analysis conducted.
The Department will continue to review the legislation and
looks forward to working with Congress as the legislative
process moves forward.
conclusion
Thank you again for the opportunity to testify before the
Subcommittee today. The Department appreciates the ongoing
bipartisan efforts to address our Nation's energy challenges,
and looks forward to working with the Committee on the
legislation on today's agenda and any future legislation. I
would be happy to answer your questions.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by S. 2508 as ordered
reported.
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