Energy Legislation Stalled 

The Senate has reached an impasse over sweeping energy and climate change legislation and is unlikely to pass a comprehensive bill this year. Several far-reaching measures addressing carbon caps, energy production, building and transportation efficiency, among other issues, have failed to achieve broad support, forcing Senate leaders to refocus on a small, targeted energy bill. NAA/NMHC’s primary concerns in energy legislation are onerous building energy codes and mandatory building labeling language.

The House passed an extensive energy and climate package last summer (HR 2454), but the Senate wasn’t able to come to a consensus on a far-reaching package. A much-anticipated compromise proposal released in May by Sens. John Kerry (D-MA) and Joseph Lieberman (I-CT) was scaled back in the face of waning support to limit carbon emissions from the utility sector only. That effort stalled in July when Senate Majority Leader Harry Reid (D-NV) proposed a narrow energy bill, principally focused on oil spill and drilling issues. That measure also was unable to secure the 60 votes needed to pass.
Although unlikely, this modest Senate package could be paired with the broad House-passed legislation, which does contain the NAA/NMHC-opposed building codes and labeling provisions, in a conference committee after the fall elections. Even without election pressures, numerous controversial provisions and economic concerns work against passage of a significant energy and climate bill this year.

Importantly, the NAA/NMHC-opposed provisions enjoy bipartisan support, so they could be enacted separately even in the absence of a comprehensive energy bill. NAA/NMHC will continue to educate lawmakers about the need for building efficiency incentives instead of one-size-fits-all energy performance mandates.

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