News & Views item

News & Views item - May 2009

A Glance Toward the US Congress Regarding Climate Legislation. (May 29, 2009)

While Australia's federal parliament is arguing just how and when it will implement legislation to mitigate greenhouse gas emissions, the US Congress is working through proposed legislation as well.

The American Association for the Advancement of Science has just issued this "Policy Alert":

Climate Bill Through Committee. In a 33-25 vote on May 21, the House Energy and Commerce Committee reported out the American Clean Energy and Security Act (H.R. 2454), a bill that aims to reduce greenhouse gas emissions 83 percent by 2050. Despite four long days of markup, the bill remained very similar to the compromise version released by Chairman Henry Waxman (D-CA) and Energy and Environment Subcommittee Chairman Ed Markey (D-MA) that laid out how allowances would be distributed. Eight other committees, including Ways and Means and Agriculture, have claimed jurisdiction over the measure, but Majority Leader Steny Hoyer (D-MD) has stated that he expects the bill to be on the floor before the Independence Day [July 4] recess.

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The suggestion has been mooted that if the Australian Senate blocks the government's proposed legislation for greenhouse gas reduction that it could trigger a double dissolution of parliament. As a point of information, below is the relevant section of the Australian Constitution regarding double dissolution. It's worth noting that if the Senate rejected the proposed legislation say on June 1, not until September 1 could the bill be presented a second time. If rejected it is unlikely that a new parliament would convene before the middle of October and it is probable that not until sometime in November would a joint sitting pass the legislation, assuming the government was returned and had the numbers. The climate conference in Copenhagen is scheduled for December 6 through 18, 2009.

Constitution - section 57
If the House of Representatives passes any proposed law, and the Senate rejects or fails to pass it, or passes it with amendments to which House will not agree, and if after an interval of three months the House of Representatives, in the same or the next session, again passes the proposed law with or without any amendments which have been made, suggested, or agreed to by the Senate, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, the Governor-General may dissolve the Senate and the House of Representatives simultaneously. But such dissolution shall not take place within six months before the date of the expiry of the House of Representatives by effluxion of time.

If after such dissolution the House of Representatives again passes the proposed law, with or without any amendments which have been made, suggested or agreed to by the Senate, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, the Governor-General may convene a joint sitting of the members of the Senate and of the House of Representatives.

The members present at a joint sitting may deliberate and shall vote together upon the proposed law as last proposed by the House of Representatives, and upon amendments, if any, which have been made therein by one House and not agreed to by the other, and any such amendments which are affirmed by an absolute majority of the total number of the members of the Senate and House of Representatives shall be taken to have been carried, and if the proposed law, with the amendments, if any, so carried is affirmed by an absolute majority of the total number of the members of the Senate and House of Representatives, it shall be taken to have been duly passed by both Houses of the Parliament, and shall be presented to the Governor-General for the Queen's assent.