House moves to revoke oil industry subsidies and tax breaks

Legislation eliminating some $14 billion in federal subsidies and tax breaks for oil and gas companies was approved on Jan. 18 by the House of Representatives. The bill, which includes language to funnel the money to renewable energy projects, passed by a vote of 264-163. The bill was the final piece of House Speaker Nancy Pelosi's "100-hour agenda," and the California Democrat promised it is only the start of an aggressive effort to tackle the nation's energy needs and to address climate change. "Today is a start," Pelosi said. "It's just a beginning. I promise to do everything in my power to achieve energy independence... and to stop global warming." The legislation has a long way to go before it becomes law and its prospects in the Senate are uncertain. Some Democrats are keen to see a larger effort to revamp royalty payments for the oil and gas industry, while some Republicans and the Bush administration oppose several key parts of the bill. The measure would raise more than $7.5 billion over the next 10 years by closing tax breaks for oil and gas producers as well as more than $6 billion over the same time period by repealing and restructuring royalty payments. That money would be used to create a research and development fund for renewable energy, alternative fuels and energy conservation programs. House Majority Leader Steny Hoyer (D-MD) said the legislation is "but a first down payment on the promise of a new energy future for our country." Opponents argued the measure will hurt the economy, costing jobs and raising energy costs, while doing little to spark increased development of renewable energy and alternative fuels. "There is nothing in the bill that would guarantee the money is spent on renewable energy," said Representative Marsha Blackburn (R-TN). "While a new reserve is created, it does not have one single enforcement mechanism." Representative Don Young (R-AK) labeled the bill "communist Red" and said it illustrated that the "road to hell is paved with good intentions." "It will increase the competitive edge of foreign oil imported to this country," Young said. "If the problem is foreign oil, and it is, why increase taxes and make it harder to produce American oil and gas? That makes no sense to me." Specific criticism of the legislation centers on two provisions–one that eliminates a major corporate tax break and a second designed to recoup lost royalty payments from drilling in the Gulf of Mexico. The tax break, created in 2004 to protect domestic manufacturers from foreign competition, gives oil and gas companies a reduction in the corporate tax rate on profits from domestically produced products. Rescinding the tax break, which critics argue never should have been extended to the oil and gas industry, will bring in more than $7 billion over 10 years. "This is an ill-gotten windfall amounting to $700 million a year and it is time it be withdrawn," said Representative Earl Pomeroy (D-ND). "We pay once at the pump for gasoline already," added Representative Jay Inslee (D-WA). "We shouldn't have to pay again on Apr. 15 to line the pockets of the oil and gas industry. It is common sense." But the White House argues the provision is in effect a tax increase, singling out the oil and gas industry for punitive tax treatment. Industry groups, including the National Association of Manufacturers, warn revoking the tax break will increase energy costs for consumers and businesses–a position voiced by opponents during debate in the House. Representative Phil English (R-PA) said eliminating the tax break "will further erode the US comparative advantage, forcing more and more of our good-paying manufacturing jobs overseas." "This legislation is bad energy policy and bad tax policy," English told colleagues. The royalty provision aims to alter about 1,000 deep water drilling leases for the Gulf of Mexico issued in 1998 and 1999 by the US Interior Department's Mineral Management Service. The agency failed to include language triggering royalty payments once oil prices reached a threshold of about $34 a barrel, an error that has already cost the government some $1 billion in lost royalties and could cost more than $10 billion over 25 years. The legislation requires companies to either renegotiate the flawed leases or pay fees on production from those leases or be banned from purchasing new leases in the gulf. The Bush administration favors voluntary negotiations to revise the leases and has completed negotiations with five companies. But at least 50 other affected companies argue the government has no right to force them to pay additional royalties. Several House Republicans voiced support for the position that the contracts are valid and warned that the bill sets up a potential legal quagmire over leasing in the deep waters of the gulf. "It opens up the floodgates for takings litigation," said Representative Mary Fallin (R-OK). "This is a trial lawyer's dream bill."