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PMAA's weekly update on important national industry issues.

PMAA's Weekly Review - July 2, 2009  [WR-09-26]

 

 

 

In This Issue:
 

BIODIESEL PRODUCTION TAX CREDIT BILL

 

CFTC TO USE EXISTING POWERS TO LIMIT SPECULATION

 

SENATE COMMITTEE BEGINS CLIMATE LEGISLATION WORK

 

SENATE DEMOCRATS RELEASE PLAN FOR NEW EMPLOYER HEALTH INSURANCE TAX

 

EPA EXTENDS COMMENT ON RFS2 FOR 60 DAYS

 

EPA GRANTS CALIFORNIA CARBON EMISSIONS WAIVER

 

JUNE PAC CONTRIBUTORS

 

 

 
 

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BIODIESEL PRODUCTION TAX CREDIT BILL 

Senator Maria Cantwell (D-WA) is expected to introduce legislation in the coming weeks that would replace the one dollar biodiesel blenders tax credit with a new biodiesel production tax credit which would expire in five years. Cantwell hopes the extended time will allow the biodiesel industry to invest “with confidence” in new facilities. The current one dollar biodiesel tax credit expires at the end of this year.

Yesterday PMAA staff met with Senator Maria Cantwell’s (D-WA) office on her proposal.

According to Cantwell’s staff, the legislation would:

  • Create a biodiesel production tax credit (rather than blenders credit) for five years. The producers would theoretically pass the one dollar biodiesel credit downstream to marketers.

  • Give small producers an extra ten cent biodiesel production tax credit for five years ($1.10 a gallon).

  • Production of B100 or B99 would become a taxable fuel requiring the producer to collect the 24.4 cents per gallon tax from a marketer when sold outside of a registered terminal. Fuel not subject to excise tax will be dyed by producers.

  • Still allow blenders to own the RINS, but they would not be eligible to collect the one dollar tax credit.

  • Completely close the splash and dash loophole.

  • Effectively track biodiesel if the producer transfers it to another registered biodiesel terminal.

PMAA staff and NATSO staff have met with Cantwell’s office and are in communication with the National Biodiesel Board since they support Cantwell’s legislative proposal. PMAA Alternative Fuels Task Force is reviewing the proposal and will plan a course of action.

CFTC TO USE EXISTING POWERS TO LIMIT SPECULATION

The Commodity Futures Trading Commission (CFTC) will use all of its regulatory authority to limit harmful and excessive speculation says new chairman Gary Gensler. Gensler partly blames last year’s oil price spike to $147 a barrel on investment banks and hedge funds who engaged in overly leveraged bets on oil futures – raising prices beyond the fundamentals of supply and demand. The CFTC is responsible for regulating five trillion dollars in daily trading of futures contracts including crude oil, gasoline, distillates and agriculture commodities.

On a similar note, Senate Majority Leader Harry Reid (D-NV) said last week that the Senate could take up legislation targeting excessive speculation if gasoline prices spike like they did last summer. Reid said clearly that market speculation is behind the recent oil price run up even though supplies remain at a 19-year high and demand is at a ten year low.

PMAA continues to work with House and Senate leadership toward passage of commodity futures market reform legislation.

SENATE COMMITTEE BEGINS CLIMATE LEGISLATION WORK

With the House of Representatives having narrowly passed legislation last Friday to curb CO2 emissions and theoretically cool planet earth, Senator Barbara Boxer is charging forward with similar objectives in the Senate. Congress returns to Washington DC next week and Senator Boxer (D-CA), chair of the Environment and Public Works Committee, has scheduled an expedited hearing on climate issues for Tuesday, July 7. Boxer has indicated her intent to use much of the House legislation as a foundation for a Senate bill to pass this fall.

PMAA believes the House passed version H.R. 2998 unfairly burdens commuters who need affordable supplies of gasoline and diesel to get to work every day. Because the legislation is intentionally designed to dramatically increase prices for gasoline and diesel, it will also unfairly penalize oilheat homeowners as well. PMAA is implementing lobbying efforts to ask the Senate to seek a more balanced and practical approach.

SENATE DEMOCRATS RELEASE PLAN FOR NEW EMPLOYER HEALTH INSURANCE TAX

At press time, Senate Democrats released an updated version of their health care overhaul plan which includes a public plan option and penalties on individuals and employers who fail to provide coverage for their employees.

The legislation would tax employers with more than 25 workers $750 annually for each full-time employee and $375 annually for each part-time employee who is not provided health insurance at work. According to CBO and the Joint Committee on Taxation, these “employer equity assessments” are expected to raise $52 billion over ten years.

The legislation would create a “small business health options program credit” giving certain employers $1,000 for each employee who receives self-only insurance through the employer; $2,000 for each employee who receives family health insurance through the employer; and $1,500 for each employee who receives coverage for two adults or one adult and at least one child through the employer. According to CBO and JCT, the provision would cost $56 billion over ten years.

According to a score of the provisions provided by the Congressional Budget Office, the net impact of the coverage provisions is $645 billion over ten years, while the overall impact on the deficit would be $597 billion over ten years. The Senate HELP Committee will resume its markup of its health care overhaul plan the week of July 6.

EPA EXTENDS COMMENT ON RFS2 FOR 60 DAYS

The EPA announced on Wednesday that it would continue to take public comments on its proposed rule “Regulation of Fuels and Fuel Additives: Changes to Renewable Fuel Standard Program” until September 25, 2009, an additional 60 days. The public comment period on the program commonly referred to as RFS2 was set to expire on July 27, 2009. After several requests to extend the comment period and some comments not to grant an extension, the EPA determined a 60 day extension would provide adequate time for the public to provide meaningful comments.

The RFS2 proposed rule outlines the standards that would apply to refiners, blenders and importers, lifecycle greenhouse gas modeling and the renewable fuels that would qualify for compliance. The proposed rule also amends the current RFS program while retaining some elements of the compliance and trading systems already in place. 

EPA GRANTS CALIFORNIA CARBON EMISSIONS WAIVER

The EPA approved California’s request to waive federal emission standards under the Clean Air Act and impose its own stricter carbon controls on vehicle emissions. EPA Administrator Lisa Jackson said she made the decision based on science, public comments, and a review of the Clean Air Act provisions. The EPA found that the California program met the requirements under the Clean Air Act. The Clean Air Act gives the EPA the authority to allow California to adopt its own emission standards due to the state’s air pollution challenges.

California first requested the waiver in December 2005. The EPA denied the waiver in March 2008.

JUNE PAC CONTRIBUTORS

We are grateful for the PMAA Small Business Committee (SBC) PAC contributions from the following individuals during the June 1-30 timeframe:

Alabama: Arleen Alexander, Jeff Brown, Sam Gibson, Russell Hager, Tommy Howard, Mints McGowin, Gina Perez, Debbie Shirley

Arizona: Alan Calvert

Arkansas: Ann Hines, Mallory Minocks

California: Steve Lopes, Julia McCann, Courtney Roche, Becky Schnarr, Mary Wilson

Colorado: Jane Ashmore, Evelyn Gilstrap

Kansas: Deborah Baska, Kevin Brown, Terry Presta, James Shepherd

Maryland: Gail Gagner, Eugene Smith, Stanley Tevis

Michigan: Nancy Beckwith

Mississippi: W. W. Gresham III, Jerry Wilkerson

IOMA: Robert White

Nebraska: Larry Blaesi, Brian Copsey, John Dilsaver, Cindy Halligan, Jack Hill, Richard Jameson, Mark Lippincott, Lezlie Maguire, Glen Muehlhausen, Todd Schiermeyer, Phil Smith, Jennifer Weiss, Mark Whitehead

NEFI: John Driscoll, Sandra Fabiano, Rob Fawcett, Chris Glidden, Curt Gower, Mike Hamlin, Richard Larkin, Larry Richmond, Chet Scoville

New Jersey: Steven Congiusta, Raymond Tomasso

New York: Allison Heaney, Nicholas Panebianco, Tom Peters, Dean Smith, Jan Van Etten

North Carolina: Robert Burns

Ohio: Kim Ullman

Oklahoma: Vance McSpadden

Pennsylvania: Robert Boltz

South Dakota: Duane Harms

 

 

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