Legislative Watch, May 4, 2010

Welcome back to Legislative Watch (we know we've been away for a bit). The 111th Congress is currently considering several pieces of environmental legislation.

Energy

On 4/15, the House Energy and Commerce Committee approved the Home Star Energy Retrofit Act (H.R. 5019) by a vote of 30-17. Sen. Bingaman (D-NM) introduced similar legislation (S. 3177) in the Senate on 3/25. Last fall President Obama called on Congress to create a new program to provide incentives to homeowners who retrofit their homes. The Home Star Energy Retrofit Act would establish a $6 billion rebate program to encourage immediate investment in energy efficiency measures, such as building mechanical systems and insulation, and whole-home energy efficiency retrofits. The program is designed to rapidly create jobs in construction and manufacturing, save families money on their energy bills and achieve significant reductions in energy use. Committee chair Bingaman has indicated that the Senate Energy and Natural Resources Committee will consider the legislation, but has yet to schedule a markup.

Public Health

On 4/15, Sen. Lautenberg (D-NJ), introduced the Safe Chemicals Act (S. 3209), while in the House Rep. Rush (D-IL) and Rep. Waxman (D-CA) released a discussion draft to reform how the country regulates toxic chemicals. The proposals would require chemical companies to disclose more information about the chemicals they produce and to prove that their chemicals are safe to remain on the market. The bills would expand the public's right to know about the health and safety effects of most chemicals and require chemicals to meet a safety standard that protects children and other particularly vulnerable populations. The legislation also would require the EPA to develop action plans to reduce unsafe chemicals in communities disproportionately exposed to toxic pollution. Existing chemical control law has failed to protect the public from exposure to unsafe and untested chemicals and the new legislation is a much-anticipated step toward creating a healthier environment.

Although both the House and Senate bills go a long way, environmental groups including NRDC believe the proposals contain provisions that need to be strengthened. In particular, the proposals fail to adequately ensure that recent recommendations by the National Academy of Sciences will be incorporated into the EPA's evaluation of the safety of chemicals, and to ensure that fast action will be taken to phase out the use of toxic chemicals that are persistent in the environment and build up in the food chain and our bodies. The House Energy and Commerce Committee has begun a stakeholder process, which includes environmental organizations and the chemical industry, to discuss the issues in its proposal.

Water

On 4/21, Reps. Oberstar (D-MN), Ehlers (R-MI), and Dingell (D-MI) introduced America's Commitment to Clean Water Act (H.R. 5088) to address uncertainty caused by the Supreme Court on the degree to which the Clean Water Act's pollution control programs apply to U.S. waters. The legislation would restore protections under the act to critical water bodies after two Supreme Court decisions in 2001 and 2006 significantly undermined the law's application to wetlands and small streams. Last June the Senate Environment and Public Works Committee approved similar legislation, known as the Clean Water Restoration Act (S. 787). NRDC will be urging committee chair Oberstar to make H.R. 5088 a priority in the House Transportation and Infrastructure Committee and to move it forward as soon as possible.