The Energy and Water Development Appropriations bill for FY 2016 passed by the House Appropriations Committee spends too much, but does move some funding from very bad programs to somewhat less bad programs.
The best thing in the bill is the set of riders that prohibit the Army Corps of Engineers from implementing the proposed Waters of the United States rule. That rule if implemented would expand federal jurisdiction far beyond what was intended by Congress in Section 404 of the Clean Water Act, and far beyond the current definition or any reasonable definition of the navigable waters of the United States. The WOTUS rule also ignores and largely contradicts the Supreme Court’s decisions in SWANCC and Rapanos.
Here are a few suggestions for improving the Energy and Water Appropriations bill when it comes to the floor of the House this week:
- A rider prohibiting funding to use the Social Cost of Carbon guidance document in any rulemaking or any benefit-cost analyses by the DOE and FERC.
- The rider offered successfully for the past several years by Rep. Michael Burgess that prohibits funding to enforce the 2007 ban on standard incandescent bulbs.
- An amendment to reduce funding below FY 2015 levels. The bill passed by the House Appropriations Committee increases Energy and Water funding by over $1,200,000 above current levels. The Department of Energy has been a mess for decades. Many, perhaps even most, DOE programs should be eliminated. If eliminating unnecessary and counter-productive programs is beyond what can be done this year, then the House should at least cut the total funding level to below the current level.
- A rider prohibiting any funds to be used to develop, propose, or implement new energy efficiency standards for all or some of the following: residential dishwashers, residential clothes washers, residential air conditioners and heat pumps, residential water heaters, portable air conditioners, residential gas furnaces, residential conventional cooking products, residential boilers, residential dehumidifiers, residential furnaces and boilers, central air conditioners and heat pumps, ceiling fans, and small electric motors and other electric motors.
- A rider prohibiting funds to be used to develop, propose, or finalize new energy efficiency standards for some or all of the following: commercial heating, air conditioning and water heating equipment, commercial water heating equipment, manufactured housing, commercial and industrial pumps, fans and blowers, commercial warm air furnaces, and small, large, or very large commercial package air conditioning and heating equipment.
- A rider prohibiting funding for the Department of Energy to attend COP-21 in Paris in December or to participate in the negotiations on the forthcoming Paris Accord from October 1 onward. This would be an interesting test vote for other appropriations bills coming up.