Trying to figure out the cap-and-trade energy bill now in the House of Representatives? You're not alone. I've been examining sources of information on the Waxman-Markey bill, H.R. 2454, officially called the American Clean Energy and Security (ACES) Act of 2009. Here's some of what I've figured out.
A quick summary: I think Waxman-Markey will help us significantly reduce our "carbon footprint" in this country, and that's good; however, there are lots of hard-to-comprehend complexities to it. Some of them might seem at first glance to limit its effectiveness, but are actually good ideas. Others
will in fact water it down but seem to have been introduced in order to get enough votes in the House to pass it.
"Waxman-Markey," by the way, refers to Democratic Reps.
Henry A. Waxman (Calif.) and
Edward J. Markey (Mass.), the bill's two chief sponsors in the House.
ACES's most talked about feature is cap and trade, a way to put a price tag on U.S. emissions of earth-blanketing carbon dioxide and other greenhouse gases (GHGs) into the atmosphere. A quick summary of ACES as a draft bill is available
here. Though it doesn't mention "cap and trade" by that name, its Title III ("Reducing Global Warming Pollution")
... establishes a market-based program for reducing global warming pollution from electric utilities, oil companies, large industrial sources, and other covered entities that collectively are responsible for 85% of U.S. global warming emissions. Under this program, covered entities must have tradable federal permits, called “allowances,” for each ton of pollution emitted into the atmosphere. ... The program reduces the number of available allowances issued each year to ensure that aggregate emissions from the covered entities are reduced by 3% below 2005 levels in 2012, 20% below 2005 levels in 2020, 42% below 2005 levels in 2030, and 83% below 2005 levels in 2050."
The "number of available allowances issued each year": that's the "cap." Covered entities, which include "electric utilities, oil companies, [and] large industrial sources" of greenhouse gases like CO
2 — but not "entities that emit less than 25,000 tons per year of CO
2 equivalent [a general term for greenhouse gases including, but not limited to, carbon dioxide]" — must not emit greenhouse gases beyond the cap. Those gases they do emit must be matched, ton for ton of CO
2 or equivalent, by allowances in the entities' possession. No allowances in hand, no emissions allowed into the air.
Oil companies, you may ask? Do they themselves emit greenhouse gases? Well, yes and no. Their refineries emit some GHGs as part of how they operate. But most of the allowances oil companies will need under Waxman-Markey are intended to cover emissions that are expected to take place later on, "downstream" from the refineries, as fuels like gasoline are burned. Emissions from your tailpipe and mine must be covered by allowances at points "upstream" from the consumer.
"Upstream" sources of carbon pollution like oil refineries are petroleum-based greenhouse pollution's great-granddaddy. The gas station is its granddaddy, and you and I are its daddies and mommies, plural, as we tool around in our SUVs (or econocars) and guzzle (or sip) carbon-laden fuel.
The fact that allowances, or "permits," are tradable: that's the "trade" aspect of "cap and trade." Say I am an electric company, and I have some allowances that I don't intend to use this year to cover coal or natural gas that I burn to produce electric power. Perhaps I have found ways to produce electricity more efficiently, or ways for my customers to use it more sparingly. I can sell my extra allowances to another electric company, to an oil refinery, or to any other "large industrial source" of greenhouse gas emissions covered by the legislation. (In fact, I can sell allowances to just about anybody who figures it is in their interest to buy — and use or resell — them.) The going rate at which the allowances are on offer at any given time establishes a
price of carbon dioxide emissions (and its equivalents) into the atmosphere.
Of course, GHG emitters that want to sell permits can sell
more of them, the more they cut their own GHG emissions. Selling permits on the open market may bring in more money than it costs these emitters to introduce emission-cutting efficiencies. In fact, this is one reason why the "trade" in "cap and trade" is vital. Companies that are in a position to cut emissions relatively cheaply — let's say they are just about to bring a new nuclear reactor online that has been in the works for years — will gleefully sell their permits to entities that can't economically cut back just yet.
In fact, that's a crucial selling point for ACES versus a straight carbon tax, a policy option that some think a better choice. Trading of emissions permits rewards companies that find efficient ways to get more bang for their carbon buck; they can profitably
sell the permits they bought earlier, rather than using them and sending them up a smokestack. Companies that
don't find cost-effective ways to help cut back on U.S. carbon emissions will, on the other hand, be penalized by having to
buy extra permits.
Instead of rewarding companies that find ways to take advantage of the "low-hanging fruit" — cost-effective emissions cutbacks — a straight carbon tax penalizes those companies by simply taxing them on the carbon they continue to emit.
Best I can tell, the ACES summary refers to an early draft of the legislation that has been watered down. According to
this one-minute summary of the legislation, "The new bill would require a 17 percent drop in U.S. greenhouse-gas emissions, compared to 2005 levels, by 2020. That's down from 20 percent."
The bill "was watered down somewhat to win over moderate Democrats on the committee," the one-minute summary says. "Afterward, Greenpeace and a few other environmental groups said the bill had become too weak for them to support." (Most environmental groups still support ACES.)
The bill in current form "would also give away many pollution credits for free to electric utilities and other manufacturers, instead of auctioning them off." Some green advocates don't like that. Apparently, over 82 percent of the "credits" — another term for "allowances" or "permits" — would be given away each year, in the years between 2014 and 2019, if ACES in its current form becomes law. The rest would be sold at auction. In 2012 and 2013, only a bit over 70 percent would be given away. In later years, the percentage of allowances auctioned would rise gradually to some 70 percent by 2031, then stay at that level through 2050. (The years between 2012 and 2016 would act as transition years during which bill would gradually come to include the entirety of its gamut of "covered entities.")
Though (says the one-minute summary) "the money generated by government auctions of credits could be used for energy-efficiency programs or a tax cut," such a policy option is undercut by giveaways of permits to companies that, in policy-wonk parlance, are "grandfathered" into the cap-and-trade system. So say certain green advocates.
"But," says the summary, "some Democrats, from states reliant on fossil-fuel energy, say that [the bill] would pose an undue burden on power plants, and heavy industry. They say that this burden could be lessened by giving these polluters some emissions credits for free, instead of auctioning all of them."
Cap and Trade 101: A Climate Policy Primer, from the Sightline Institute, says freebie permits would simply give their recipients windfall profits to the tune of the price the permits will sell for in the allowances marketplace. Sightline and certain other proponents of cap and trade resent that.
Also, the early draft of ACES had some other features that might give environmental groups pause.
One is "offsets." Offsets are different from "credits," "allowances," or "permits." An offset "allows covered entities to increase their emissions above their allowances if they can obtain 'offsetting' reductions at lower cost from other sources." The official ACES summary doesn't enumerate what the candidate offsetting reductions might be. Offset credits, I hear, might bankroll such things as investing in forestation projects — since trees remove carbon compounds from the atmosphere and lock them up until such time as the trees are destroyed. A coal-fired electric power generating company might invest (indirectly) in such a project and apply a certain number of offsets against the carbon it emits.
But environmental gurus say offsets are ways polluters can game the system, since that vaunted forestation project may have become a reality anyway. If it would have, the emissions-reducing value of the offset is nil.
Another possibly problematic feature of ACES is "banking and borrowing." "Banking" allows permits for, say, 2018 to be held until, say, 2021 before they are used to match actual carbon emissions in that latter year. Accordingly, actual 2018 GHG emissions might fall short of the nominal 2018 cap, while actual 2021 emissions might then overshoot the (reduced) 2021 cap. The total quantity of emissions would still adhere to the aggregate amount permitted over the range of years covered by Waxman-Markey: 2012 to 2050.
"Borrowing" is use in one year of an allowance that has been established for use
in a future year, as long as (per the Waxman-Markey summary) the future year is within "a rolling two-year compliance period." The allowances borrowed from
future years would cover
current carbon emissions. Hence, borrowing would move allowed carbon emissions forward in time, with respect to the 2012-2050 period covered by Waxman-Markey. This would be the opposite of "banking," which would move allowed emissions back in time.
It might be thought that banking and borrowing would result in an uneven, thus unpredictable, price for emissions of CO
2 and its greenhouse gas equivalents, making for unsteady profitability for bringing alternative energy sources into the mix. However, studies that model and predict the results of cap-and-trade proposals in general (such as
Assessment of U.S. Cap-and-Trade Proposals and
The Cost of Climate Policy in the United States from
the MIT Joint Program on the Science and Policy of Global Change) seem to indicate just the opposite: banking and borrowing would smooth out greenhouse-gas prices over time, in a cap-and-trade system.
Also potentially troubling to green advocates is the bill's provision for a "strategic reserve": "a small number of allowances authorized to be issued each year" will instead be set aside as "a cushion in case prices rise faster than expected[, such that] when allowance prices rise to unexpectedly high levels," the held-in-reserve allowances would be made available by the EPA through an auction. In other words, instead of depending on private concerns to "bank" their unused allowances prudently, Uncle Sam will seemingly bank some of the allowances himself. One possible objection to that is that the banking, borrowing, and strategic reserve provisions of the bill, taken all in all, would provide
so much of a cushion as to keep price signals at bay that would otherwise shock us into forsaking fossil fuels in favor of clean energy.
And green proponents are surely taking gas (pun intended) over this from the ACES summary:
Clean Air Act Exemptions. The draft [version of the bill] provides that CO2 and other greenhouse gases may not be regulated as criteria pollutants or hazardous air pollutants on the basis of their effect on global warming. The draft also provides that new source review does not apply to these global warming pollutants.
That's clearly a concession to Big Oil and Big Energy, who just don't want EPA to regulate greenhouse gases as so-called "hazardous air pollutants."
Another concession: "The [ACES] draft authorizes companies in certain industrial sectors to receive 'rebates' to compensate for additional costs incurred under the program. Sectors that use large amounts of energy, and produce commodities that are traded globally, would be eligible for the rebates." This is to "ensure that U.S. manufacturers are not put at a disadvantage relative to overseas competitors."
In thinking about that provision, we need to keep in mind that there will be bigtime costs to be borne due to carbon cap and trade (a fact that would be true even if we went to a plain carbon tax instead). What used to be free — emitting greenhouse gases — now will have a price tag. It comes from the fact that allowances are bought and sold on a market; without allowances to match their emissions, emitters would have to shut down.
Emitters that want to continue doing business thus have to buy allowances — or, if they get them for free under Waxman-Markey, they have to
eschew selling them at the going market price.
If the emitters find some way to avoid having to retire the allowances they possess, in exchange for covering greenhouse gases they emit or engender — say, they avoid having to use allowances by instituting efficiency measures — they'll wind up holding assets that they can either bank or sell.
If they bank them, fine. There will be fewer emissions than policymakers anticipated in the current time frame, though there will be more than anticipated later. However, banking excess allowances rather than selling them counts as a
cost of opting to do business in that manner: money that the allowances would fetch on the open market is being forgone.
If emitters sell allowances they own, rather than use them to match emissions, they'll get windfall profits to the extent that they received those allowances from Uncle Sam for free. Looked at in this way, using freebie allowances to match actual emissions in the current time frame, and thereby retiring those allowances, has a cost: eschewed windfall profits.
By extension, using allowances
that were paid for at auction likewise has a monetary cost: eschewing the proceeds of selling them on the open market.
Any way you look at it, allowances impose costs. The question is, who ultimately bears these costs?
The answer economists give is: mostly entities (including ordinary consumers) "downstream" from the companies that originally buy the allowances at auction, or receive them for free. Among the affected "downstream" entities are industrial sectors that use (but do not produce) large amounts of energy. Ditto, sectors that produce commodities that are traded globally.
Think of the total system as a series of pools connected by a flowing stream. The pool at the highest elevation represents, for example, a coal mining operation — under Waxman-Markey, it would be a point at which allowances enter the system.
The next pool downstream is, say, a coal-fired electric utility. Under Waxman-Markey, it, too, might be a point at which allowances enter the system.
The electric utility in turn feeds the pool that is next furthest downstream, which could be a company like General Motors that buys electricity to power its assembly plants. GM would presumably
not be a point at which allowances enter the system.
Between the GM plant and the car buyer might be other pools representing the transportation system that brings the vehicles to market, the auto distributorship, and the retail showroom. They all require electric power (or, in the case of the transport system, combustable liquids such as petroleum-based diesel fuel that represent a separate cap-and-trade stream).
The overarching point is that each pool in the stream receives water (cost burdens) from each pool that is further upstream.
True, some of the costs that cap and trade imposes are absorbed at each stage (i.e., by each pool). In this analogy, each pool in the stream retains
some of the extra water that cap and trade injects into the stream. But the rest of the extra water finds its way downstream. Ultimately, any of the water that
does not get retained at various upstream stages finds its way into the lowest pool in the stream: the cost of living faced by end-product consumers like you and me.
The "rebates" provision of Waxman-Markey primarily affects middle-stage pools such as, in this example, GM. GM, the logic goes, shouldn't have to pay the full cap-and-trade cost deluge imposed upon it by upstream stages like the coal-fired electric utility and the coal mine. Hence the rebates.
In concept, these rebates would also reduce some of the extra influx of water (cap-and-trade costs) at downstream stages such as your budget and mine.
Accordingly, although the ACES summary specifically picks out "ensuring that U.S. manufacturers are not put at a disadvantage relative to overseas competitors" as the justification for "rebates," these rebates would also ease average American's "sticker shock" when the costs of cap and trade become evident to them.
But, green advocates would say, is that all good? After all, it is the extra influx of (costly) cap-and-trade "water" that might convince us all to buy smaller, more fuel-efficient cars.
I tend to side with the green advocates in such matters. Still, it is quite clear that this is a complex subject, at least as complex as health-care reform. It will affect the pocketbook of every Harry and Louise in America. The difference is, the
ways in which it will affect our pocketbooks are less obvious than the everyday act of paying for a doctor's visit with an insurance card and a copay.