Climate Policy Update - May 3, 2021

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Climate Policy Update
May 3, 2021

Good afternoon! This is Akin Gump’s weekly policy newsletter on all things climate change. Below are the
major federal climate policy headlines of the past week:

   •   White House Announces $8.25 Billion in Loans to Modernize the Electric Grid
       On Tuesday, April 27, the White House announced new efforts to expand and modernize the electric grid through a
       coordinated program between the U.S. Department of Energy and the U.S. Department of Transportation. The initiative
       includes up to $5 billion in loan guarantees for transmission projects and up to $3.25 billion in loan guarantees in the
       Western Area Power Administration’s transmission infrastructure fund.
       _
   •   Senate Votes to Repeal Trump Administration Methane Rule, 52-42 (POLITICO)
       On Wednesday, April 28, the Senate voted 52-42 to pass S.J.Res. 14 which uses authority under the Congressional Review
       Act to repeal a Trump Administration rule that weakened federal methane emissions restrictions. Senate Majority Leader
       Chuck Schumer (D-NY) called the vote “one of the most important votes” on climate change cast in that last decade.
       Joining Sen. Joe Manchin (D-WV) in support of the measure were Sen. Lindsey Graham (R-SC), Sen. Rob Portman (R-OH),
       and Sen. Susan Collins (R-ME).

       EPA Administrator Regan Testifies on FY 2022 EPA Budget Request
   •   1)      On Wednesday and Thursday, April 28 and April 29, EPA Administrator Michael Regan appeared before the
       Senate Committee on Environment and Public Works and a House Energy and Commerce subcommittee to testify on
       the President’s Budget Request for the Environmental Protection Agency. Administrator Regan confirmed the
       administration’s request for $1.8 billion in programs to tackle the climate crisis, including $30 million to “improve
       knowledge of the impacts of climate change on human health and the environment” through research programs.

Check out below for newly introduced climate legislation and regulations, more federal climate policy headlines,
and a look at the week ahead in congressional hearings and think tank events…

  ________________________________________________________________________________________________

                                                    Quotes of the Week
“Today the Senate is going to take the first, just the first, of many important steps to achieve the ambitious goal that
                President Biden has set and that is to cut greenhouse gas emissions in half by 2030.”
                                   – Senate Majority Leader Chuck Schumer (D-NY)
                                      Senate Democrats on Reversing Methane Regulations Rule
                                                    (C-SPAN – April 28, 2021)

“EPA’s attitude as it relates to oil and gas is focused on deploying regulations that accentuate the technologies available
                                  to reduce methane. It’s not to target individual projects.”
                        – EPA Administrator Michael Regan responding to Sen. Dan Sullivan (R-AK)
                     Hearing on the Fiscal Year 2022 Proposed Budget for the U.S. Environmental Protection Agency
                              (U.S. Senate Committee on Environment and Public Works – April 28, 2021)

“For too long we have failed to use the most important word when it comes to meeting the climate crisis. Jobs. For me,
                                    when I think about climate change, I think jobs.”
                                                 – President Joe Biden
                      Remarks as Prepared for Delivery by President Biden – Address to a Joint Session of Congress
                                                  (The White House – April 28, 2021)

“It’s an honor to return to the agency and to work alongside Administrator Regan, the incredibly talented career team,
  and our many external partners, including the state and tribes, to protect our water, air, and improve the health of
                    American families, especially those living in environmental justice communities.”
                                    – New Deputy EPA Administrator Janet McCabe
                                       Janet McCabe Sworn in as 16th EPA Deputy Administrator
                                                      (EPA – April 29, 2021)
 ________________________________________________________________________________________________

                              Upcoming Congressional Hearings (May 3-7, 2021)

                         Senate                                                       House of Representatives

                                                               Climate and Energy Science Research at the Department of
                                                               Energy
                                                               House Committee on Science, Space, & Technology –
                                                               Subcommittee on Energy
                                                               Tuesday, May 4, 11:00 a.m. EST, Virtual Hearing

                  State Work Period
                                                               Built to Last Examining Resilience in the Face of Climate
                No scheduled hearings.
                                                               Change
                                                               House Committee on Financial Services – Subcommittee on
                                                               Housing, Community Development, and Insurance
                                                               Tuesday, May 4, 12:00 p.m. EST, Virtual Hearing

                                                               Coral Reef Conservation Legislation
                                                               House Committee on Natural Resources – Subcommittee on
                                                               Water, Oceans, and Wildlife
Tuesday, May 4, 3:00 p.m. EST, Virtual Hearing

                                                                             Pipelines Over People
                                                                             House Committee on Oversight and Reform – Subcommittee
                                                                             on Civil Rights and Civil Liberties
                                                                             Wednesday, May 5, 10:00 a.m. EST, Virtual Hearing

                                                                             The CLEAN Future Act: Driving Decarbonization of the
                                                                             Transportation Sector
                                                                             House Committee on Energy and Commerce – Subcommittee
                                                                             on Energy
                                                                             Wednesday, May 5, 11:30 a.m. EST, Virtual Hearing

                                                                             FY 2022 Budget Request for the Department of Energy
                                                                             House Committee on Appropriations – Subcommittee on
                                                                             Energy and Water Development
                                                                             Thursday, May 6, 1:00 p.m. EST, Virtual Hearing
________________________________________________________________________________________

                                                   LEGISLATION (April 26-30, 2021)
                                                                                 S. 1432 - A bill to require the Secretary of Energy to establish an
                                                                                 electric grid resilience grant program and an electric grid resilience
                                                                                 research and development program.
  H.R. 2835 - A bill provide for the establishment of clean technology
                                                                                 Introduced April 28, 2021 by Sen. John Cornyn (R-TX)
  consortia to enhance the economic, environmental, and energy
  security of the United States by promoting domestic development,
  manufacture, and deployment of clean technologies.
                                                                                 H.R. 2885 - A bill to require the Secretary of Energy to establish an
  Introduced April 26, 2021 by Rep. Matt Cartwright (D-PA-8)                     electric grid resilience grant program and an electric grid resilience
                                                                                 research and development program.
                                                                                 Introduced April 28, 2021 by Rep. Eddie Bernice Johnson (D-TX-
  H.R. 2850 - A bill to provide for nuclear weapons abolition and                30)
  economic conversion in accordance with District of Columbia Initiative
  Measure Number 37 of 1992, while ensuring environmental                        H.R. 2887 - A bill to provide for certain Department of State actions
  restoration and clean-energy conversion.                                       relating to global climate change.
  Introduced April 26, 2021 by Rep. Eleanor Norton Holmes (D-DC)                 Introduced April 28, 2021 by Rep. William Keating (D-MA-9)

  H.R. 2852 – A bill to promote the domestic manufacture and use of
  advanced, fuel efficient vehicles and zero emission vehicles,
                                                                                 H.R. 2888 - A bill to help prevent emerging events exacerbated by
  encourage electrification of the transportation sector, create jobs, and       climate change, which threaten national and international security, by
  improve air quality.                                                           enhancing United States government capacities to prevent, mitigate,
  Introduced April 26, 2021 by Rep. Bobby Rush (D-IL-1)                          and respond to such events.
                                                                                 Introduced April 28, 2021 by Rep. William Keating (D-MA-9)

  H.R. 2854 - A bill to amend the Federal Power Act to require the
  Electric Reliability Organization to propose a reliability standard that       H.R. 2889 - A bill to amend the Natural Gas Act with respect to
  address the resilience of the bulk-power system.                               actions for eminent domain by holders of certificates of public
  Introduced April 26, 2021 by Rep. Mike Thompson (D-CA-5)                       convenience and necessity.
                                                                                 Introduced April 28, 2021 by Rep. Tom Malinowski (D-NJ-7)
  S. 1400 - A bill to amend the Federal Power Act to provide energy
  cybersecurity investment incentives, to establish a grant and technical        S. 1485 - A bill to amend the Internal Revenue Code of 1986 to
  assistance program for cybersecurity investments.                              include fuel cells using electromechanical processes for purpose of the
  Introduced April 28, 2021 by Sen. Lisa Murkowski (R-AK)                        energy tax credit.
                                                                                 Introduced April 28, 2021 by Sen. Sherrod Brown (D-OH)
S. 1405 – A bill to authorize the imposition of sanctions with respect       S. 1506 - A bill to require the Assistant Secretary of Commerce for
 to significant actions that exacerbate climate change, to reinforce          Communications and Information to carry out a grant and revolving
 comprehensive efforts to limit global average temperature rise.              loan program to provide funding for projects to increase the resiliency
 Introduced April 28, 2021 by Sen. Ed Markey (D-MA)                           and energy efficiency of communications networks.
                                                                              Introduced April 29, 2021 by Sen. Ed Markey (D-MA)
 H.R. 2872 - A bill to establish an integrated national approach to
 respond to ongoing and expected effects of extreme weather and               H.R. 2931 - A bill to provide for certain programs and developments
 climate change by protecting, managing, and conserving the fish,             in the Department of Energy concerning the cybersecurity and
 wildlife, and plants of the United States, and to maximize government        vulnerabilities to the electric grid.
 efficiency and reduce costs, in cooperation with state, local, and tribal    Introduced April 30, 2021 by Rep. Jerry McNerney (D-CA-9)
 governments.
 Introduced April 28, 2021 by Rep. Matt Cartwright (D-PA-8)
                                                                              H.R. 2948 - A bill to direct the Secretary of Energy to establish a
                                                                              rebate program to promote the purchase and installation of electric
 S. 1415 - A bill to amend the Energy Policy and Conservation Act to          vehicle supply equipment.
 reinstate the ban on the export of crude oil and natural gas produced        Introduced April 30, 2021 by Rep. Paul Tonko (D-NY-20)
 in the United States.
 Introduced April 28, 2021 by Sen. Ed Markey (D-MA)                           H.R. 2950 - A bill to provide for a fundamental research program for
                                                                              the application of advanced computing practices to materials sciences
 S. 1420 - A bill to establish an integrated national approach to             challenges at the Department of Energy.
 respond to ongoing and expected effects of extreme weather and               Introduced April 30, 2021 by Rep. Randy Weber (R-TX-14)
 climate change by protecting, managing, and conserving the fish,
 wildlife, and plants of the United States, and to maximize government
 efficiency and reduce costs, in cooperation with state, local, and tribal
 governments..
 Introduced April 28, 2021 by Sen. Sheldon Whitehouse (D-RI)
_________________________________________________________________________________________________

                              Federal Climate Rules and Regulations (April 26-30, 2021)

                   Environmental Protection Agency                                         Bureau of Ocean Energy Management

   FINAL RULE: Revised Cross-state Air Pollution Rule Updated for            NOTICE of INTENT TO PREPARE AN ENVIRONMENTAL IMPACT
   the 2008 Ozone NAAQS                                                      STATEMENT: Revolution Wind LLC’s Proposed Wind Energy
   Published on: 04/30/2021                                                  Facility Offshore Rhode Island
   FR Document: 2021-05705 PDF                                               Published on: 04/30/2021
                                                                             FR Document: 2021-09048 PDF

 _______________________________________________________________________________________________

                                                    Federal Agency Climate News

                                                                    The White House
                 FACT SHEET: Biden Administration Advances Expansion & Modernization of the Electric Grid (April 27)

                                  President Biden Announces 16 Key Administration Nominations (April 28)

                          Remarks by Vice President Harris in a Roundtable Discussion on Public Transit (April 30)

                                                            U.S. Department of Energy (DOE)
               DOE Announces Up to $8.25 Billion in Loans to Enhance Electrical Transmission Nationwide (April 27)
Statement by Secretary Granholm on President Biden’s Latest Department of Energy Nominees (April 28)

             DOE Awards $19 Million for Initiatives to Produce Rare Earth Elements and Critical Minerals (April 29)

                     DOE Announces $12 Million to Advanced Geothermal Energy Technologies (April 30)

                                                Environmental Protection Agency (EPA)

                                EPA Administrator Regan Establishes New Council on PFAS (April 27)

                    EPA to Accept Applications for Grants to Enhance Recycling Markets Until June 1 (April 27)

                      EPA Announces $6.5 Billion in New Funding for Water Infrastructure Projects (April 27)

                                Janet McCabe Sworn in as 16th EPA Deputy Administrator (April 29)

                Administrator Regan Statement on the First 100 Days of the Biden-Harris Administration (April 29)

               EPA Announces Plan to Update Toxics Release Inventory to Advance Environmental Justice (April 29)

                                                    U.S. Department of the Interior
                           Interior Department Announces Newest Members of Agency Team (April 30)

                                                        U.S. Department of State

        Program to Create Pathways to Safe and Secure Nuclear Energy Included in Biden-Harris Administration’s Bold Plans to
                                               Address the Climate Crisis (April 27)

_______________________________________________________________________________________________

                                    Congressional Press Releases on Climate
Markey, Heinrich, Schumer, King Champion Senate Passage of Resolution to Reinstate EPA Methane Emissions Standards
(April 28)
Whitehouse-Cartwright Bill Would Establish National Strategy to Protect Natural Resources from Climate Change (April
28)
Merkley, Bipartisan Group of Colleagues Request Review of Federal Wildland Firefighter Workforce (April 29)
Carper Leads Senate Passage of Bipartisan Water Infrastructure Bill (April 29)
Senators Markey and Wyden Introduce Green Communications Act to Promote Network Resiliency and Energy
Efficiency (April 30)
Pallone, Murphy Call for Investment in Coastal Resiliency Projects to Combat Climate Change and Create Jobs (April 30)
Bipartisan Lawmakers Highlight One Trillion Trees Initiative on Arbor Day (April 30)
________________________________________________________________________________________________

                                  Upcoming D.C. Climate Events (Registration)

Fiscal Policies to Address Climate Change in Asia and the Pacific      Setting an Agenda for Solar Geoengineering Research
Center for Global Development                                          and Governance
Tuesday, May 4, 9:00 a.m. EST                               Woodrow Wilson Center for International Scholars
                                                                The Union of Concerned Scientists
    Energy Efficiency Global Forum 2021                         Forum for Climate Engineering Assessment
    Alliance to Save Energy                                     Thursday, May 6, 9:30 a.m. EST
    Tuesday, May 4, 9:00 a.m. EST
                                                                Annual Membership Meeting and Public Policy Forum
    A New Era for Climate Change and Food Security?             U.S. Energy Association
    Center for Strategic and International Studies              Thursday, May 6, 10:00 a.m. EST
    Tuesday, May 4, 10:00 a.m. EST
                                                                National Environmental Justice Advisory Council Virtual
    The Role of Critical Minerals in Clean Energy Transitions   Public Meeting
    International Energy Agency                                 U.S. Environmental Protection Agency
    Wednesday, May 5, 5:00 a.m. EST                             Thursday, May 6, 12:30 p.m. EST

    Indian Energy Minerals Forum                                Natural Climate Solutions: A Win-Win Solution for Our
    U.S. Energy Association                                     Environment and Our Economy
    U.S. Department of Energy                                   Environmental and Energy Study Institute (EESI)
    Wednesday, May 5, 12:00 p.m. EST                            U.S. Nature4Climate
                                                                Friday, May 7, 1:00 p.m. EST
    The Oil and Gas Investment Landscape
    Center for Strategic and International Studies
    Wednesday, May 5, 1:00 p.m. EST

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