podqast

Climate legislation and Congress: the current state of play

Volts9 min
Hosted byDavid Roberts

My last substantial post of last year was a summary of where things stand with Congress and climate. I ended by reiterating my confidence that Sen. Joe Manchin (D-WV), who has been such an impediment throughout the process, would find his way to supporting some form of the Build Back Better Act, the Democrats’ last and only hope of taking substantial action on climate change.
Mere days later, Manchin threw up his hands and said, “I can’t get there — this is a No on this legislation.” So much for that prediction.
However! As we head into 2022, there are signs that Manchin’s tantrum was less apocalyptic than it appeared.
His objection to BBB — which, to be fair, was his objection for months; the Democrats just thought they could eventually get through to him — is that the bill contains a bunch of new programs that are only funded for a year, or a few years, and since they will inevitably be renewed (according to Manchin), the bill’s price tag is deceptive. He wants to include only programs that are funded for the full 10-year term of the bill, under the artificial budget cap he himself imposed.
That would mean stripping a number of popular programs out of the bill. The process blew up because the other Democrats refused to believe that he was serious about doing so much damage to the legislation. However, as Eric Levitz writes in New York magazine, as anachronistic, stupid, and cruel as Manchin’s views are, he’s not willing to move on them. For any bill to pass, it will have to conform.
Insofar as there’s any good news in this young year, it is that Manchin seems positively disposed toward the climate portions of the bill. “The climate thing is one that we probably can come to an agreement much easier than anything else,” he told reporters on Tuesday. Other Democrats have expressed confidence that the climate portion of the bill will survive in some form.
This is in part because Manchin already stripped the bill of any sticks, anything that might penalize fossil fuels (most notably the Clean Electricity Performance Program). What’s left are $555 billion worth of carrots: grants, tax breaks, and other money showered on every form of clean energy, from R&D through demonstration projects through commercialization — very much including carbon capture at fossil fuel power plants, a Manchin fave. “There’s a lot of good things in there,” he said.
Somewhat oddly, Manchin also supports some of the reforms to federal oil and gas leasing that are in the House version of the BBB.
All of this seems to at least imply that he’s still open to some kind of bill. What he appears to want is a version of the BBB that, at a minimum, strips out the Child Tax Credit — which can not possibly fit under his cap on spending ($1.75 trillion), at least not when funded for 10 years, at least not if the bill is to contain anything else.
The Child Tax Credit kept millions of children out of poverty last year and could potentially cut child poverty

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