Democratic Sr Senator; previously Representative (NJ-13)
Past due time to ratify the Kyoto Protocol
Q: What role should the US play in the Kyoto Treaty?
KEAN: While our nation needs to address greenhouse gas emissions and global warming, I have reservations about the Kyoto Protocol, particularly because it allows India and China, two of the world’s
fastest developing nations as well as the top emitters in greenhouse gasses, to pollute the environment without any penalty. However, I am pleased that our states and cities have begun phased implement of Kyoto targets, including the Regional Greenhouse
Gas Initiative.
MENENDEZ: Global warming is more than a mere “inconvenient truth” and a threat to our environment, economy and lives. It is the issue that will define our generation’s success. It’s past due for America to finally ratify the Kyoto
Protocol--a starting point for the international community to begin addressing this worldwide problem. Sadly, Kean fails to mention national standards to combat climate change--because Kean holds stock in Big Oil and takes their campaign contributions.
Voted YES on tax incentives for energy production and conservation.
OnTheIssues.org Explanation:A "Cloture Motion" would end debate on the bill, and then allow a vote on passage. This motion failed (3/5ths of the Senators must vote YEA), based on objections of how the new incentives would be paid for.Congressional Summary:A bill to amend the Internal Revenue Code of 1986 to provide Tax incentives for energy production and conservation, to extend certain expiring provisions, and to provide individual income tax relief.
TITLE I--ENERGY TAX INCENTIVES
Sec. 102. Production credit for electricity produced from marine renewables.
Sec. 104. Credit for residential energy efficient property.
Sec. 106. New clean renewable energy bonds.
Part II--Carbon Mitigation Provisions
Sec. 112. Expansion and modification of coal gasification investment credit.
Sec. 115. Carbon audit of the tax code.
Sec. 121. Inclusion of cellulosic biofuel in bonus depreciation for biomass ethanol plant property.
Sec. 122.
Credits for biodiesel and renewable diesel.
Sec. 124. Credit for new qualified plug-in electric drive motor vehicles.
Sec. 127. Transportation fringe benefit to bicycle commuters.
Sec. 146. Qualified green building and sustainable design projects.Opponents argument for voting NAY:Sen. SPECTER: H.R. 6049 would revive important tax provisions that expired at the end of 2007 and extend provisions that are set to expire at the end of 2008. I support extension of the R&D tax credit, the renewable energy tax incentives, and many other important provisions in this package.
Despite the positive elements of this legislation, the main sticking point is whether temporary extensions of tax relief should be offset with permanent tax increases elsewhere. The White House issued a statement recommending a Presidential veto of this bill in its current form. [Vote NAY to] allow the Senate to work its will and pass legislation that can be quickly signed by the President.
Reference: Renewable Energy and Job Creation Act;
Bill HR6049
; vote number 2008-150
on Jun 17, 2008
Voted YES on addressing CO2 emissions without considering India & China.
OnTheIssues.org Explanation: This is a motion on an omnibus spending bill, sending instructions to the committee resolving differences between the House and Senate versions of the bill. Sen. Boxer introduced this motion, and Sen. DeMint introduced a counter-motion. Voting for the Boxer motion means you favor Boxer's method over DeMint's method, which means speeding up Congressional action on global warming.Opponents argument for voting NAY:Sen. DeMINT. When we are talking about trade agreements, there needs to be a level playing field. This motion would prevent Congress from passing any law with new mandates on greenhouse gas emissions that would harm the U.S. economy or result in job loss unless both China and India had the same mandates--in other words, if we had a level playing field. It is not going to help the environment in the United States or the world if we pass mandates that raise the cost of doing business in our country, if we create mandates that do not exist in
India or China.Proponents argument for voting YEA:Sen. BOXER. I rise to speak against the DeMint motion and in favor of the Boxer motion. The DeMint motion is a throwback to 10 years ago when everybody, including myself, was saying we better watch out and not do anything about global warming until the undeveloped world acts. We cannot do that anymore. This is a time when we need to stand up as the leading country in the world and say that we can fight global warming, and we can win this fight.
But what happens with the DeMint motion, he gives China and India a veto power over what we should be doing. Imagine saying we are not going to do anything about human rights until China acts. Why would we give up our chance to take the mantle of leadership and finally grab hold of this issue? I cannot look into the eyes of my grandchildren and tell them: Sorry, I am giving over my proxy to China & India, and I can't do anything about it.
Voted YES on removing oil & gas exploration subsidies.
Creating Long-term Energy Alternatives for the Nation (CLEAN) Act
Title I: Ending Subsidies for Big Oil Act--denying a deduction for income attributable to domestic production of oil, natural gas, or their related primary products.
Title II: Royalty Relief for American Consumers Act--to incorporate specified price thresholds for royalties on oil & gas leases in the Gulf of Mexico.
Title III: Strategic Energy Efficiency And Renewables Reserve--makes the Reserve available to accelerate the use of clean domestic renewable energy resources and alternative fuels.
Proponents support voting YES because:
This legislation seeks to end the unwarranted tax breaks & subsidies which have been lavished on Big Oil over the last several years, at a time of record prices at the gas pump and record oil industry profits. Big Oil is hitting the American taxpayer not once, not twice, but three times. They are hitting them at the pump, they are hitting them through the
Tax Code, and they are hitting them with royalty holidays put into oil in 1995 and again in 2005.
It is time to vote for the integrity of America's resources, to vote for the end of corporate welfare, to vote for a new era in the management of our public energy resources.
Opponents support voting NO because:
I am wearing this red shirt today, because this shirt is the color of the bill that we are debating, communist red. It is a taking. It will go to court, and it should be decided in court.
This bill will increase the competitive edge of foreign oil imported to this country. If the problem is foreign oil, why increase taxes and make it harder to produce American oil and gas? That makes no sense. We should insert taxes on all foreign oil imported. That would raise your money for renewable resources. But what we are doing here today is taxing our domestic oil. We are raising dollars supposedly for renewable resources, yet we are still burning fossil fuels.
Status: Bill passed Bill passed, 65-27
Reference: Creating Long-Term Energy Alternatives for the Nation (CLEAN);
Bill H.R.6
; vote number 2007-226
on Jun 21, 2007
Voted YES on making oil-producing and exporting cartels illegal.
Voting YES would amend the Sherman Anti-Trust Act to make oil-producing and exporting cartels illegal. It would be a violation for any foreign state:
to limit the production or distribution of oil & natural gas;
to set or maintain the price of oil & natural gas; or
to otherwise take any action in restraint of trade for oil & natural gas;
when such collective action has a direct, substantial, and reasonably foreseeable effect on the market, supply, price, or distribution of oil & natural gas in the US.
Proponents recommend voting YES because:
Our NOPEC bill will authorize filing suit against nations that participate in a conspiracy to limit the supply, or fix the price, of oil. In addition, it will specify that the doctrines of sovereign immunity do not exempt nations that participate in oil cartels from basic antitrust law.
Opponents recommend voting NO because:
No one likes OPEC. But this amendment, in my opinion, would make bad law.
The Framers of the Constitution wisely assigned responsibility for formulating foreign policy and conducting foreign relations to the President and to the Congress, not to the law courts.
The amendment before us has its roots in a lawsuit filed by the labor union nearly 30 years ago. The union at that time charged OPEC with price fixing in violation of our antitrust laws. The trial court dismissed the case on the ground that OPEC members are sovereign nations and are immune from suit. Adopting the amendment will undoubtedly be very popular, but it is also very unwise.
In addition, we here in the Senate ought to consider how enactment of this amendment might affect our relations with OPEC members. What will be the international repercussions when the US starts awarding judgments against foreign nations and attaching their assets in this country? Will other nations start to view our trade policies--such as our nuclear trade restrictions--as violations of their antitrust laws?
Voted YES on factoring global warming into federal project planning.
Amendment would require the consideration of global climate change, in planning, feasibility studies, & general reevaluation reports. Would require accounting for the costs & benefits from the impacts of global climate change on flood, storm, and drought risks; potential future impacts of global climate change-related weather events, such as increased hurricane activity, intensity, storm surge, sea level rise, and associated flooding; & employs nonstructural approaches and design modifications to avoid or prevent impacts to streams, wetlands, and floodplains that provide natural flood and storm buffers.
Proponents recommend voting YES because:
It just seems logical that we ask the Corps of Engineers to include in their analyses, judgments about the potential impact of global climate change. All this amendment seeks to do, as a matter of common sense, is to ask the Army Corps of Engineers to factor climate change into their future plans. Secondly, we are making a
statement here to finally recognize the reality of what is happening with respect to climate change.
Opponents recommend voting NO because:
The same people today who are saying we are all going to die from global warming, just back in the middle 1970s were saying another ice age is coming and we are all going to die. Which way do you want it?
If a surge of anthropogenic gases--this CO2, methane, or whatever it is--were causing a warming period, then around 1945 we would have a warming period because in the middle 1940s we had the greatest increase in greenhouse gases. But what happened? It did not precipitate a warming period.
Peer reviewed evidence shows that the sun has actually been driving the temperature change. You don't have to be a scientist to know that the Sun can have something to do with climate change.
Implementing Kyoto would reduce the average annual household income nearly $2,700, at a time when the cost of all goods would rise sharply.
Voted NO on authorizing construction of new oil refineries.
To expedite the construction of new refining capacity in the United States, to provide reliable and affordable energy for the American people, and for other purposes including:
Authorizing the President to designate sites on Federal land for construction of new oil refineries, including at least three on closed military bases
Allowing the Secretary of Energy to enter into contracts with non-Federal entities to construct or restore new refineries that use crude oil or coal to produce gasoline or other fuel
Establishing a program to encourage carpools by giving grants to states and to evaluate the use of the Internet to link riders with carpools, assist employers establish carpool programs, and market existing programs
Authorizing any facility to use biomass debris as fuel if it meets certain standards, such as resulting from a major disaster
$2.5 million to create an education campaign about gasoline conservation
Reference: Gasoline for Americas Security Act;
Bill HR 3893
; vote number 2005-519
on Oct 7, 2005
Voted NO on passage of the Bush Administration national energy policy.
Vote to pass a bill that would put into practice a comprehensive national policy for energy conservation, research and development. The bill would authorize o $25.7 billion tax break over a 10-year period. The tax breaks would include $11.9 billion to promote oil and gas production, $2.5 billion for "clean coal" programs, $2.2 billion in incentives for alternative motor vehicles, and $1.8 billion for the electric power industry and other businesses. A natural gas pipeline from Alaska would be authorized an $18 billion loan guarantee. It would add to the requirement that gasoline sold in the United States contain a specified volume of ethanol. Makers of the gasoline additive MTBE would be protected from liability. They would be required though to cease production of the additive by 2015. Reliability standards would be imposed for electricity transmissions networks, through this bill. The bill would also ease the restrictions on utility ownership and mergers.
Reference: Energy Policy Act of 2004;
Bill HR 4503
; vote number 2004-241
on Jun 15, 2004
Voted NO on implementing Bush-Cheney national energy policy.
Energy Omnibus bill: Vote to adopt the conference report on the bill that would put into practice a comprehensive national policy for energy conservation, research and development. The bill would authorize a $25.7 billion tax break over a 10-year period. The tax breaks would include $11.9 billion to promote oil and gas production, $2.5 billion for "clean coal" programs, $2.2 billion in incentives for alternative motor vehicles, and $1.8 billion for the electric power industry and other businesses. A natural gas pipeline from Alaska would be authorized an $18 billion loan guarantee. The bill would call for producers of Ethanol to double their output. Makers of the gasoline additive MTBE would be protected from liability. They would be required though to cease production of the additive by 2015. Reliability standards would be imposed for electricity transmissions networks, through this bill. The bill would also ease the restrictions on utility ownership and mergers.
Reference: Bill sponsored by Tauzin, R-LA;
Bill HR.6
; vote number 2003-630
on Nov 18, 2003
Voted YES on raising CAFE standards; incentives for alternative fuels.
Require a combined corporate average fuel efficiency [CAFE] standard for passenger automobiles and light trucks, including sport utility vehicles, of 26 mpg in 2005 and of 27.5 mpg in 2007. It also would offer incentives for alternative fuel vehicles.
Voted YES on prohibiting oil drilling & development in ANWR.
Amendment to maintain the current prohibition on oil drilling in the Arctic National Wildlife Refuge by striking language opening the reserve up to development.
Voted YES on starting implementation of Kyoto Protocol.
Vote on an amendment that would allow the implementation of the portions of the Kyoto climate change treaty that are already allowed under law. The Kyoto protocol of 1997, which aims to reduce emissions of certain greenhouse gases, particularly carbon dioxide, has not been ratified by the United States. The amendment would allow federal agencies, particularly the Environmental Protection Agency [EPA] to implement procedures already allowed under law that are also part of the Kyoto accord before the treaty is ratified by Congress.
Reference: Amendment sponsored by Olver, D-MA;
Bill HR 4690
; vote number 2000-323
on Jun 26, 2000
Preserve Alaska's ANWR instead of drilling it.
Menendez co-sponsored the Morris K. Udall Arctic Wilderness Act:
Title: To preserve the Arctic coastal plain of the Arctic National Wildlife Refuge, Alaska, as wilderness in recognition of its extraordinary natural ecosystems and for the permanent good of present and future generations of Americans.
Summary: Designates specified lands within the Arctic National Wildlife Refuge as wilderness and components of the National Wilderness Preservation System [which would preclude oil exploration and drilling].
Source: House Resolution Sponsorship 01-HR770 on Feb 28, 2001
Establish greenhouse gas tradeable allowances.
Menendez co-sponsored establishing greenhouse gas tradeable allowances
OFFICIAL CONGRESSIONAL SUMMARY: A bill to provide for a program of scientific research on abrupt climate change, to accelerate the reduction of greenhouse gas emissions in the US by establishing a market-driven system of greenhouse gas tradeable allowances, to limit greenhouse gas emissions in the US and reduce dependence upon foreign oil, and ensure benefits to consumers from the trading in such allowances.
SPONSOR'S INTRODUCTORY REMARKS: Sen. McCAIN: This bill is designed to begin a meaningful and shared effort among the emission-producing sectors of our country to address the world's greatest environmental challenge--climate change.
The National Academy of Sciences reported, "temperatures are, in fact, rising." The overwhelming body of scientific evidence shows that climate change is real, that it is happening as we speak.
Terrible things are happening at the poles, which will have global implications. Amplified global warming, rising sea levels,
and potential alterations in ocean circulation patterns are among the global concerns.
The International Climate Change Task Force recommended that "all developed countries introduce mandatory cap-and-trade systems for carbon emissions and construct them to allow for future integration into a single global market." That is already being done in Europe as we speak, which is the substance of this legislation.
If we do not move on this issue, our children and grandchildren are going to pay an incredibly heavy price because this crisis is upon us, only we do not see its visible aspects in all of its enormity. We have done relatively nothing besides gather additional data and make reports. That is what the US national policy is today: gather information and make reports. I would argue that is a pretty heavy burden to lay on future generations of Americans.
LEGISLATIVE OUTCOME:Referred to Senate Committee on Environment and Public Works; never came to a vote.
Source: Climate Stewardship Act (S.342/H.R.759) 05-S0342 on Feb 10, 2005
Sign on to UN Framework Convention on Climate Change.
Menendez co-sponsored signing on to UN Framework Convention on Climate Change
Whereas there is a scientific consensus that the continued buildup of anthropogenic greenhouse gases in the atmosphere threatens the stability of the global climate;
Whereas there are significant long-term risks to the economy and the environment of the US from the temperature increases and climatic disruptions that are projected to result from increased greenhouse gas concentrations;
Whereas the US has the largest economy in the world and is also the largest emitter of greenhouse gases;
Whereas reducing greenhouse gas emissions to the levels necessary to avoid serious climatic disruption requires the introduction of new energy technologies and other climate-friendly technologies;
Whereas the development and sale of climate-friendly technologies in the US and internationally present economic opportunities for workers and businesses in the United States;
Whereas President Bush, in the State of the Union Address given in
January 2006, called on the US to reduce its 'addiction' to oil and focus its attention on developing cleaner, renewable, and sustainable energy sources;
Now, therefore, be it Resolved, That it is the sense of the Senate that the United States should act to reduce the health, environmental, economic, and national security risks posed by global climate change and foster sustained economic growth through a new generation of technologies
by participating in negotiations under the United Nations Framework Convention on Climate Change, and leading efforts in other international fora,
with the objective of securing United States participation in binding agreements that establish mitigation commitments by all countries that are major emitters of greenhouse gases;
establish flexible international mechanisms to minimize the cost of efforts by participating countries; and
achieve a significant long-term reduction in global greenhouse gas emissions.
Source: S.RES.30/H.CON.RES.104 07-SR30 on Jan 16, 2007
Designate sensitive ANWR area as protected wilderness.
Menendez co-sponsored designating sensitive ANWR area as protected wilderness
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, DESIGNATION OF PORTION OF ARCTIC NATIONAL WILDLIFE REFUGE AS WILDERNESS.
The National Wildlife Refuge System Administration Act of 1966 is amended by adding at the end the following:
Designation of Certain Land as Wilderness- Notwithstanding any other provision of this Act, a portion of the
Arctic National Wildlife Refuge in Alaska comprising approximately 1,559,538 acres, as generally depicted on a map entitled 'Arctic National Wildlife Refuge--1002 Area. Alternative E--Wilderness Designation, October 28, 1991' and available for inspection in the offices of the Secretary, is designated as a component of the National Wilderness Preservation System under the Wilderness Act'.
Source: ANWR Wilderness Act (S.2316 ) 2007-S2316 on Nov 7, 2007
Set goal of 25% renewable energy by 2025.
Menendez co-sponsored setting goal of 25% renewable energy by 2025
A resolution that it is the goal of the United States that, not later than January 1, 2025, the agricultural, forestry, and working land of the US should provide from renewable resources not less than 25% of the total energy consumed and continue to produce safe, abundant, and affordable food, feed, and fiber. [Governors also signed letters of endorsement at www.25x25.org]
Rep. SALAZAR: "Our resolution establishes a national goal of producing 25% of America's energy from renewable sources--like solar, wind and biofuels--by 2025. The "25x'25" vision is widely endorsed, bold, and fully attainable. If implemented, it would dramatically improve our energy security, our economy, and our ability to protect the environment.
"I am pleased that more than 20 of my colleagues in the Senate, from both sides of the aisle, are cosponsoring this resolution.
In addition, the "25x'25" vision has been endorsed by 22 current and former governors and several State legislatures across the country. The Big Three automobile manufacturers--Ford, Chrysler, and General Motors--are all behind "25x'25" So are many agricultural organizations, environmental groups, scientists, and businesses, ranging from the Natural Resources Defense Council to John Deere.
"These Americans understand that we cannot continue to import 60% of our oil from foreign countries, many of which are hostile to the US, if we aim to be strong and secure in the world. They know that we will have to build a clean energy economy if we are to reduce our dependence on foreign oil. It is time for Congress to take a more active role in our clean energy future. Establishing a national goal--"25x'25" is the first step."
Source: 25x'25 Act (S.CON.RES.3 / H.CON.RES.25) 2007-SC03 on Jan 17, 2007
Let states define stricter-than-federal emission standards.
Menendez co-sponsored allowing states to define stricter emission standards
A bill to permit California and other States to effectively control greenhouse gas emissions from motor vehicles, and for other purposes. Amends the Clean Air Act to approve the application of the state of California for a waiver of federal preemption of its motor vehicle emission standards.
Source: Reducing Global Warming from Vehicles Act (S.2555&H.R.5560) 2008-S2555 on Jan 24, 2008
Gas tax holiday for the summer.
Menendez co-sponsored suspending the highway fuel tax for the summer
Amends the Internal Revenue Code to suspend excise taxes on gasoline and diesel fuels between May 26, 2008, and September 1, 2008. Provides for reimbursement from the Treasury to the Highway Trust Fund for any reduction in Trust Fund receipts resulting from such suspension.
Expresses the policy of Congress that:
consumers immediately receive the benefit of the reduction in taxes resulting from this Act; and
transportation motor fuels producers and other dealers take necessary actions to reduce fuel prices to reflect such reduction in taxes.
