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A tax bill that really isn't
BY: BART JANSEN Staff Writer
From wind turbines proposed in Aroostook County
to wood-burning power plants peppered across the
state, Maine energy interests hitched a ride on
corporate tax legislation that Congress approved
Monday.
Energy provisions form a sliver of the $137
billion bill that mushroomed from the need to change
a $5 billion tax break that the World Trade
Organization found illegal for exporters. But more
than a dozen energy provisions worth more than $3
billion found their way into the bill.
House leaders repeatedly refused to separate
popular pieces of the long-stalled energy
legislation, which was one of President Bush's top
domestic priorities and could have become the first
national energy policy in a decade.
What's provocative is how - and how quietly - the
energy provisions won approval.
"I think it's unfortunate that we're dealing with
it in a piecemeal fashion rather than with a
comprehensive approach," said Sen. Olympia Snowe,
R-Maine, a member of the Senate Finance Committee
that reviews tax legislation. "I'm just sort of
mystified about how it could end up being so
polarized a situation on an issue that is vital to
our national interest."
Each chamber approved rival energy measures last
year. But compromise negotiations collapsed because
House leaders insisted on a provision to protect the
manufacturers of the gas additive MTBE from
lawsuits, which provoked a filibuster in the Senate.
Northeast Republicans including Snowe and Sen. Susan
Collins, R-Maine, helped Democrats sustain the
filibuster that killed the bill.
After that, House Majority Leader Tom DeLay,
R-Texas, vowed that he wouldn't carve away the
popular tax provisions from the more controversial
aspects of the legislation that would spur oil
production, open the Arctic National Wildlife Refuge
to drilling and protect MTBE manufacturers.
On Oct. 5, two days before the big tax vote,
DeLay praised Energy Chairman Joe Barton, R-Texas,
for trying to attach the energy bill to the tax
legislation. Negotiators refused to link the two.
LOADING UP ON PORK
Quietly, however, a number of energy provisions
slipped into the tax bill. Some appeared
counterintuitive for the Republican-led Congress.
For example, Senate Democratic Leader Tom
Daschle, who is in a tough re-election battle, won
approval of three incentives for ethanol and
biodiesel fuel that are vital to his home state of
South Dakota. His advantage was that his interests
aligned with Finance Chairman Charles Grassley,
R-Iowa, whose state grows corn for ethanol.
In comparing a congressional report about the tax
bill against a Congressional Research Service report
about the energy bill, I counted five successful
incentives for fossil fuels that lawmakers haggled
over in the energy bill, three for making
electricity more reliable and another five
incentives for renewable fuels.
The total value of the provisions over the next
decade is more than $3.3 billion, with renewable
energy such as wind and biomass accounting for
nearly $2.3 billion, according to estimates by the
Joint Committee on Taxation.
The five fossil breaks were for marginal oil and
gas wells, better oil recovery, Alaskan pipelines,
low-sulfur diesel fuel, and train and barge diesel
fuel.
Three for electricity were for sale of
transmission facilities, electric cooperatives and
so-called "Green Bonds" to encourage energy
efficient buildings.
The last five were for renewable fuels generally,
small producers of ethanol, blending ethanol with
other fuel, biodiesel and the minimum tax that
generators must pay.
"These changes taken together will help make the
electricity sector stronger and more competitive,
while also give a jump to the increasingly important
renewable fuels portion of our generation
portfolio," said Tom Kuhn, president of the Edison
Electric Institute, an industry group representing
70 percent of the electricity generators in the
country.
The latest tax bill wasn't the first to rescue
energy provisions. A bill that Congress approved
recently to extend tax breaks for married couples
and parents revived a tax credit for wind-generated
power through the end of 2005.
The credit of 1.8 cents per kilowatt hour expired
at the end of 2003. But it is considered necessary
to encourage Maine projects on Redington Mountain
and on Mars Hill Mountain.
RELIEF FOR ENERGY PRODUCERS
When Bush signed that bill Oct. 4, he mentioned
the need for alternative sources of energy such as
ethanol and biodiesel.
The so-called middle-class tax cuts also included
a provision to keep a $2,000 income tax deduction
for buyers of hybrid cars that run on gas and
electricity, such as the Toyota Prius.
Now the corporate tax bill, which Bush is
expected to sign, created a renewable tax credit for
biomass power plants at 0.9 cents per kilowatt hour.
The credit is only half what the wind folks enjoy,
but it's the first time the wood burners get a
federal credit.
Biomass is important in Maine because nine power
plants across the state - including three reopening
after long closures - are eligible for the credit.
The facilities provide 200 jobs and pay more than
$2.6 million in local taxes.
"The future for many Maine jobs - biomass plant
operators, timber harvesters and haulers, sawmill
workers, wind farm construction - is better as a
result of this action by Congress," said Dave Wilby,
executive director of the industry group Independent
Energy Producers of Maine.
Special-interest provisions soured many on the
bill. Despite supporting Maine power producers,
Collins and Democratic Reps. Tom Allen and Mike
Michaud each voted against the tax bill, leaving
Snowe the bill's only supporter in the delegation.
Allen, a member of the Energy Committee, said
approval of tax provisions suggested it will be more
difficult to revive legislation for a broader
national policy.
"Wind power projects like Mars Hill can't keep
waiting and waiting and waiting for a tax credit to
be put in place," Allen said.
Staff Writer Bart Jansen can be
contacted at 202-488-1119 or at:
bjansen@pressherald.com
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