Obama Budget Proposal Includes Revenue From Auctioning 100% of CO2 Allowances Under a Cap and Trade Plan

In the budget proposal that President Obama will send to Congress today, the administration has included revenue from auctions of 100% of allowances that will be issued as part of   an economy-wide, mandatory cap-and-trade program. It's a lot of money and the administration has big plans for it. 
 
As highlighted in the President's joint address to Congress on Tuesday night, the cap-and-trade program is expected to bring in billions of dollars per year.  Today's budget proposal adds the detail that the President intends to direct $15 billion per year from these funds towards renewable and alternative sources of energy such as wind and solar, and wants the money to start flowing in fiscal year 2012.  It's also the first time that the President has called for a 100%, economy-wide auction.
 
The budget proposal also includes specifics on the caps the President wishes to see -- a somewhat odd place to introduce his proposal for legislation that reduces greenhouse gas emissions 14% below 2005 levels by 2020 and 83% below 2005 levels by 2050.  
 
It may be that the President's approach is intentional.  If the proposal were accepted, it would form the fiscal year 2010 budget resolution, a bill that only needs a simple majority to pass. The budget resolution is nonbinding, but still sends a strong statement on the legislative priorities it funds. If Congress were to then pass a law known as a budget reconciliation, it would require key House and Senate committees to pass a climate bill which accounts for the budget resolution's projections on cap-and-trade funding.  This strategy, too, would need only a simple majority, as budget reconciliation bills cannot be filibustered in the Senate.  With such a tactic, cap-and-trade advocates would not need to cross the 60-vote threshold that is viewed as a hurdle to passage of other cap-and-trade legislation.
 
This tactic is not new:  four years ago, the Republican majority attempted to open up the Arctic National Wildlife Refuge to oil drilling through the budget reconciliation process, a move that failed in the House when moderate Republicans joined with Democrats to oppose the bill on other grounds. 
 
Whether this is actually what the President has in mind is not yet clear.  However, regardless of the administration's ultimate strategy for enacting a cap and trade program, the budget lays down a very large marker on the side of auctioning 100% of allowances. 

You Want a Permit? You May Have to Get in Line.

It’s not really a surprise, but the nation’s financial woes have begun to affect state government. On Wednesday, Governor Deval Patrick announced a set of wide-ranging budget cuts, intended to save more than $1 Billion. The cuts were made necessary by a steep drop in tax revenue and predictions that the drop will continue for the rest of the state fiscal year. The Governor’s stated intention is to avoid cuts in local aid and education funding and this announcement did avoid any cuts in these areas.

Therefore, it is not surprising that agencies such as the Executive Office of Energy and Environmental Affairs and the Department of Environmental Protection have had to make cuts, though the Governor apparently did take into account the severity of the cuts made at DEP during the last downturn, and spared DEP more than what might have been expected.

One area where the cuts may be felt is in the speed of environmental permitting and responsiveness to the regulated community. Among the cuts at DEP are $100,000 from the Clean Air Operating Permit and Compliance Program and $45,000 from the Hazardous Waste Cleanup Program. Although Governor Patrick has frequently trumpeted his goal of having DEP and other permitting agency respond “at the speed of business,” such cuts cannot help but slow down DEP’s ability to respond to permit applications and other filings by businesses.