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WHY A REVENUE-NEUTRAL UPSTREAM FEE ON CARBON FUELS CAN BE ENACTED BY CONGRESS IN 2017-2018: FIVE PROPOSITIONS George T. Frampton, Jr. Partnership for Responsible Growth May 2016 We begin with the proposition that current, planned, and even anticipated U.S. climate change policies will not enable us to reach the greenhouse gas (GHG) emissions reduction pledge President Obama made in Paris: a 28 percent reduction by 2025, from a 2005 baseline. Globally, even if all the pledges made in Paris by 185 countries are fulfilled, they will provide less than half the reductions needed by 2030. This is true even if the Clean Power Plan (CPP) survives and flourishes. If fully implemented, the CPP would reduce power plant emissions only slightly more than “business as usual.” Of course, the rule would lead to no reductions in other sectors. Some utility and non-profit modeling indicates that if the CPP successfully fosters a trading system within (and between) most of the states, the market trading price for permits is likely to range from zero to $10 per metric ton (MTCO2) by 2030. That would be far too low to lead to transformational change or the required clean technology investment in the rest of the economy. A second proposition is that pricing carbon is the only way to meet our goals. Experts agree: The fastest, least expensive, and most predictable way to reduce GHG emissions is to “price” the health and economic costs that these emissions impose on society. Only significant price incentives using the power of the market can generate enough low-carbon investment at scale to move the world away from carbon and thus meet the climate challenge. There is an emerging worldwide consensus among governments, policy-makers and industry that we must price carbon. Even before the Paris conference, the major European oil company CEOs called on governments to take that step. Last month, an international Carbon Pricing Leadership Coalition organized by the World Bank and others brought together the SecretaryGeneral of the UN and the heads of the IMF and World Bank, with countries and businesses, to urge adoption of a global carbon price. But U.S. leadership is essential--not just to meet our own targets, but to drive other nations to achieve their goals. Retaining our leadership role will be difficult if we slip behind in hitting even our own relatively modest targets. 1 Third, any form of economy-wide pricing will require legislation by Congress, and thus require bipartisan support. Indeed, no significant climate-related legislation of any kind can move through Congress without bipartisan support, including support from the House leadership and a significant number of Republican senators and House members. Although a perfect ‘cap-and-trade’ system could theoretically put a price on emissions, the this approach appears to have little chance of success on Capitol Hill for at least three reasons: 1) congressional and corporate hostility to cap-and-trade resulting from the failure of WaxmanMarkey; 2) the inevitability of price volatility based on history in both Europe and the Northeast states; and 3) the susceptibility of any cap-and-trade system to market manipulation and siphoning off of economic rents by the financial sector. In any event, in our more than 200 Hill visits this past year, as discussed below, the majority of them to Republican offices, we found zero interest among Republicans in resuscitating cap-and-trade legislation, and by contrast surprisingly robust interest in generating carbon revenues, A revenue-neutral fee on carbon fuels would be the simplest, most efficient and transparent way to price carbon. The fee would be imposed at the mine mouth, refinery gate (for oil) or gathering station (for gas), based on the number of metric tons (MT) of CO2e that amount of fuel would be anticipated to emit when burned. A fee starting at $35 per MT and ramping up over a decade would generate between $1.5-2.0 trillion over ten years. (The fee would continue to increase as targets were established for 2040 and 2050.) The fourth proposition: There is a way to make such a fee attractive to a broad range of political interests. In trying to assess what might be a political sweet spot for such a fee, imagine that half of the revenue were used to reduce the corporate income tax to 25 percent from its currently uncompetitive level of 35 percent. The balance of the revenue could compensate low- and low-middle income families for slightly higher energy costs. (For example, modeling indicates that 15 percent of the revenue would make all the families in the lower 20 percent of the income spectrum whole with respect to their energy costs.) Revenue neutrality appeals to most Republicans and conservatives, to some business leaders, and certainly to the “no-new-taxes-ever” wing of the Republican Party. (It is sometimes called a “tax swap” since the revenue from a new tax is used to reduce other taxes rather than to fund additional government discretionary spending.) To test our legislative idea, the Partnership for Responsible Growth met with more than 200 senators and members of the House, or their staff, over the past year, the majority Republicans. We found surprising (private) recognition of the merits of a revenue neutral carbon tax, and potential support provided that the business community and other important constituents in their states and districts expressed openness to the idea. On revenue neutrality, we found a range of views. For example, use of a portion of the revenue for other pro-growth national priorities such as infrastructure spending, research and development, and assistance to coal communities had great appeal to a surprising number of Republicans. And while Democrats tended to favor using the revenue to fund infrastructure and 2 invest in low-carbon technologies, in general they indicated a willingness to accept revenue neutrality if it were the political price for a grand bargain to make significant progress in combating climate change. This market-based, creative compromise would provide many benefits. It would: 1) increase GDP, 2) advance tax reform, 3) make US companies more competitive, 4) discourage inversions, 5) compensate low- and low-middle-income families for increases in energy costs, 6) create jobs, 7) make some current and future EPA regulations unnecessary, 8) enable companies to make rational long-term investment decisions, and 9) reduce emissions faster and at less cost than any other method. Appropriate border tax adjustments could guard against the loss of competitiveness for energyintensive, trade-exposed (EITI) industries, prevent carbon leakage, and encourage our trading partners through a market incentive to adopt a similar price on carbon. Forceful diplomacy could help globalize the price, beginning with Canada, Mexico, and the EU. A final proposition: With a new president and Congress, there will be a serious debate beginning in January 2017 about using carbon revenue to achieve comprehensive tax reform that both parties support. That will bring into play the possibility of a grand bargain featuring a carbon fee, reduced EPA climate regulation, infrastructure spending, coal community relief, and perhaps even some income redistribution to those below and just above the poverty level. There are at least two compelling forces that will drive this debate. First, tax reform is unlikely to be accomplished any other way, as demonstrated by its failure in two consecutive Congresses. The Camp-Baucus process in the last Congress and subsequent efforts in the current Congress have proved that eliminating dozens of loopholes and subsidies is extremely difficult; each tax break has political support that is stronger than the general support for reducing overall rates. Even if most of those provisions could be repealed, there would not be enough revenue to get the corporate tax rate down even close to 25 percent. Only carbon revenues are likely to accomplish that. Neither a one-time tax on repatriated income nor a higher future tax on overseas income has much change of enactment - - and neither would produce enough revenue. Second, as it becomes increasingly evident that we are falling short of achieving our climate targets, there will be implacable pressure for either a congressional solution or for vastly increased EPA regulation. For example, Section 111(d) of the Clean Air Act (CAA) could in due course be extended to additional industrial sectors: first refineries, then cement, steel, aluminum, and chemicals, with 50 state plans for each. Environmentalists will want to tightly regulate methane in the existing oil and gas system, limit or end new oil and gas leases on federal land and off-shore, and use new regulatory levers like section 115 of the Clean Air Act. Any scenario involving increased future regulation under existing laws never designed for GHG regulation involves heightened political polarization, business opposition, litigation, increased uncertainty, regional fragmentation, decreasing marginal abatement of emissions at each new step, and significantly increased costs—with no new revenue to compensate anyone for those costs. 3 Other forces that could drive adoption of a carbon fee include: 1) increasing frustration with the inability to forge a bipartisan approach to repairing our aging infrastructure; 2) the possibility of a tax reform mechanism that channels additional resources to very poor and low-income families; and 3) increased focus by the environmental community on expansive new regulation, divestment, and an aggressive “leave it in the ground” approach to all carbon fuels. Some of the above strategies for revenue use, of course, would compete with the principle of revenue neutrality. The Partnership’s Hill visits and intensive discussions in the last few months with key staff of the Senate Finance Committee and House Ways and Means Committee, policy experts, business leaders, and conservative, Libertarian and Republican organizations interested in carbon pricing suggest that the concept of a revenue-neutral carbon fee is timely and politically viable. Virtually all Democrats find it attractive. A surprisingly large number of Republicans now privately concede that climate change is real, we have to do something about it, and a revenueneutral fee is far preferable to the course we are on. But, they repeatedly told us, there must be some support from important “influencers” in their states and districts, and particularly from local businesses and national business leaders. If, in fact, we face a choice between a carbon fee or four (or eight) more years of expensive, unpredictable, contentious and not very productive additional climate regulation, and if the business community prefers a fee, that raises an important question: Can the community influence this debate if it waits until January? A new administration will start forging its agenda in the fall during the October-December transition period. We anticipate that quiet discussions among senior Republicans and Democrats will begin this summer. The bipartisan Climate Caucus will likely grow. The drivers for a debate in 2017 will become stronger. Global pressure on the United States to enhance its climate policy will increase. The business community could take an important leadership role in advocating publicly for bipartisan legislation that promotes economic growth and reduces GHG emissions efficiently. Many corporate leaders and companies in Europe (and some in the United States) have embraced ‘shadow pricing’ of carbon and have pledged to reduce their own emissions and purchase cleaner energy. However, these actions have little impact on policy or on emissions reductions. If we are to move forward and maintain U.S. leadership on the global climate change agenda, corporate leaders in this country will have to become advocates for carbon pricing legislation and urge their peers and elected officials to engage in a robust public and legislative debate on the subject. 4 FREQUENTLY ASKED QUESTIONS Is it essential that the carbon fee be revenue-neutral? Not necessarily. In the scenario that we use as an example, all new revenue would be returned to corporate taxpayers and families. There would be no new government discretionary spending. However, if the principle of revenue neutrality were to be slightly adjusted, significant funds theoretically would be available for infrastructure investment or for other pro-growth priorities, such as research and development. Moreover, on the current path, the coal industry and coal utilities will be hit hard by an unpredictable and expensive regulatory program (CPP). A carbon fee could provide funds to help transition the coal industry and invest in new technologies, while providing a more predictable economic path for the coal companies that remain. How do you protect low-income families from increased energy costs? Fuel and electricity prices would increase slightly. For example, a $35 fee would increase gas at the pump roughly 33 cents a gallon. If a portion of the fee revenue (35-40%) were used to compensate low and low-middle income families for higher costs, approximately the lower 35 to 40 percent of families could be made whole. A number of studies have shown how revenue could be returned to these families through some combination of lowering individual tax rates at the bottom end, cutting Social Security taxes, increasing Earned Income Tax Credits, and other methods. How can the U.S. maintain international competitiveness? Energy-intensive, trade-exposed (EITE) industrial sectors comprise less than 2 percent of U.S. GDP and less than half of 1 percent of non-farm labor. But these industries and jobs (basically, steel, aluminum, cement, glass, some paper and chemicals) are important and could be competitively disadvantaged versus competitors in no-tax countries. The World Trade Organization (WTO) would allow a border adjustment tariff to be levied on goods from countries that do not have a carbon fee, though both design and compliance issues are complicated. The use (or even threat) of such a border adjustment tariff would guard against carbon leakage, encourage our trading partners to adopt a similar price, and help our EITE industries achieve a level playing field. Moreover, the WTO’s “environmental exceptions” provisions contemplate prior international negotiations before imposing such tariffs, allowing and empowering the exercise of U.S. diplomatic leadership. 5 Isn’t it risky to trade certainty about emission reductions from EPA limits in the CPP for an uncertain amount of emissions reductions under a carbon fee? No. It appears that a $35 carbon fee increasing to $50 by 2030 would produce more than twice as many emissions reductions in the power sector by 2030 as the CPP, and would essentially make the CPP obsolete. But there are ample ways to make sure that a fee would achieve greater reductions than EPA regulation. One approach would be to set incremental targets for the power sector well in excess of those achievable by the CPP for an interim period. If emissions did not meet or exceed that target, then EPA regulation would again be triggered; or the fee could be increased at a steeper rate. A pricing approach could increase certainty, eliminate litigation risk, and cover the entire industrial economy, not just power plant emissions, which amount to only one-third of all our emissions. When emissions begin to fall significantly, doesn’t that jeopardize the tax cuts and refunds? If the fee were to increase each year for 10 to 20 years, modeling shows that enough revenue would be available to support lower corporate and individual rates for at least 30 years. Because the “bargain” would be three-pronged (tax decreases for business and individuals, decreased regulation, and greater GHG reductions), broad interests would be at stake, and it seems unlikely that the bargain could easily be revisited. The Partnership for Responsible Growth is a 501(c)(3) organization formed to build bi-partisan support for a new general concept: a revenue-neutral carbon pollution fee tied to tax reform can promote sustained growth, create jobs, make companies more competitive, and address climate change in the most effective and least costly way possible. Rather than advocate any specific legislation or detailed plan, we seek to build intellectual capital in and promote serious discussion of this idea. For more information, please contact us at [email protected]. 6