Jeanette Fitzsimons

Will entry of energy sector to ETS be delayed?

by Jeanette Fitzsimons

It now seems almost certain that electricity, stationary energy and industrial emissions will not come into the Emissions Trading Scheme on Jan 1 next year as provided for in the legislation.The Act provides for detailed allocation plans to be developed and brought to Parliament for each sector that is trade exposed and so qualifies for free permits. The legislation sets only the broadest parameters as to how these free permits will be allocated firm by firm, and leaves a large job to be done by officials. That is why the Greens pushed for either an independent authority to allocate, or some process of parliamentary overview of their decisions before we passed legislation giving them all that power.

The problem the Government faces is that it is legally bound to prepare those plans as long as the current legislation is in force, but it intends to change the legislation when it has developed its ideas. It cannot have officials prepare, consult on and issue allocation plans based on legislation it intends to change, and cannot have them prepare plans based on legislation that has not been drafted yet, let alone passed.

It is running out of time to resolve this impasse.

I asked Minister Nick Smith, appearing at the select committee last week, whether the liability for the energy sector to hold permits to cover its emissions would come into force without allocation plans having been finalised. He replied “that’s inconceivable”.

The committee has a large number of submissions to hear before it can consider and report back. Then the Government has to decide to what extent it wants to change the scheme and draft an amending bill. This will then come to our select committee before passing through the House. It’s looking increasingly unlikely that this can be done before the House rises for Christmas as the committee has no power to sit additional hours and we have not begun hearing submissions yet.

If new legislation is not in force by the end of this year, the Government will have to bring forth temporary amending legislation to delay the implementation of the law until they have their final proposals ready. That would be effectively a “suspension” of the ETS.

As long as the electricity sector is not facing a price on carbon there are no windfall profits (from selling hydro power at the same price as fossil power, despite it not facing a carbon price) from which to fund the Green Homes insulation project. Is this what National meant when it said our $1 billion fund was “unfunded” – that they had effectively destroyed the source of funding intended for it?

Another embarrassing wrinkle is that the terms of reference for the “Emissions Trading Scheme Review Committee” do not refer anywhere to reviewing the ETS. The questions we are asked to address are high level ones like whether a carbon tax would be better; whether we should just adapt to climate change rather than seek to mitigate; and what the trade and economic implications are of a carbon price. Nowhere does it charge us with examining the ETS that now exists in law and recommending how it might be changed.

Yet the Government has made it clear that is all it is interested in doing. Does the committee have any role at all, other than to keep Rodney quiet?

Published in Environment & Resource Management | Parliament by Jeanette Fitzsimons on Sat, March 14th, 2009   

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