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Senate Energy Bill On Again, Off Again

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Prior to the impasse, Senators from both sides of the aisle filed roughly 325 amendments, 38 of which were voted on, and 30 of which were adopted. Key amendments include a measure to support research and development of advanced nuclear technologies, offered by Sen. Crapo (R-ID) (approved by a vote of 87-4); Grid modernization efforts to be coordinated with energy storage, offered by Sen. Jack Reed (D-RI) (approved by a voice vote); and a prize for creating a technology to remove carbon dioxide from the atmosphere and permanently capture it, offered by Sens. John Barrasso (R-WY) and Brian Schatz (D-HI) (approved by a voice vote).  Among the amendments not adopted was one to establish a national energy efficiency standard (which APPA and the electric sector opposed), offered by Sen. Al Franken (D-MN), which failed by a vote of 43-52.

On Feb. 24, Senators announced a deal to send $100 million in drinking water funds to the city of Flint, Michigan, paving the way for S. 2012, the Senate’s "Energy Policy Modernization Act," to return to the floor as early as next week. However, by the following day, Senators had begun placing "holds" on the aid, reflecting concerns with both the funding and the energy bill.

Expecting to move to the energy bill, Senate Leaders are proposing to adopt by voice vote an en bloc package of 30 amendments that have bipartisan support, then proceed to consideration of another eight amendments – all of which would need 60 votes to pass – before voting on final passage. Additional amendments could get votes to appease Senators who have placed holds on the bill.

The King/Reid Amendment is among the filed amendments that are not currently included in the list of amendments to be considered.  King/Reid would preempt state and local retail ratemaking decisions related to net-metering and distributed energy resources (DER).  APPA, NRECA, NARUC and EEI all strongly oppose the amendment as a sweeping federal preemption of state and local decision making.
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