The U.S. Senate approved legislation (S. 1) late in January to approve the controversial Keystone XL pipeline, but not before voting on dozens of amendments proposed from both sides of the aisle. Several amendments that received votes would have affected the water sector, though none reached the 60-vote threshold required for adoption:
- Amendment 75, proposed by Sen. Ben Cardin (D-Md.), would have required Keystone’s owners to notify governors and local officials about risks to drinking water sources that could arise in the event of a leak from the pipeline. Governors and local officials would then have an opportunity to request relocation of the pipeline away from water sources. The amendment failed by a vote of 37 – 61.
- Amendment 48, proposed by Sen. Kirsten Gillibrand (D-N.Y.), would have repealed a provision added to the Safe Drinking Water Act in 2005 that exempts hydraulic fracturing from EPA’s underground injection control regulations. The amendment failed by a vote of 35 – 63.
- Amendment 115, proposed by Sen. Chris Coons (D-Del.) would have expressed the sense of Congress that “climate change is already impacting the safety and reliability” of the nation’s critical infrastructure, and that the federal government should prioritize federal funding for climate resilient projects. It failed by a 47 – 51 vote.
Additionally, Sen. Jeff Merkley (D-Ore.) had filed an amendment to increase taxes on oil and gas producers and use the revenue to fund several infrastructure programs, including WIFIA and the Clean Water and Drinking Water SRFs. However, Sen. Merkley withdrew the amendment from consideration before it received a vote.
Most Senate Republican leaders criticized these and other amendments as distractions simply designed to slow down passage of the Keystone bill, but the votes put senators on record and may preview how they will approach similar water-related proposals in the future.