U.S. Congress - Text of S.485 as Introduced in Senate Global Warming Reduction Act of 2007
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Donate NowS.485 - Global Warming Reduction Act of 2007
A bill to amend the Clean Air Act to establish an economy-wide global warming pollution emission cap-and-trade program to assist the economy in transitioning to new clean energy technologies, to protect employees and affected communities, to protect companies and consumers from significant increases in energy costs, and for other purposes.
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S 485 ISCommentsClose CommentsPermalink
To amend the Clean Air Act to establish an economy-wide global warming pollution emission cap-and-trade program to assist the economy in transitioning to new clean energy technologies, to protect employees and affected communities, to protect companies and consumers from significant increases in energy costs, and for other purposes.CommentsClose CommentsPermalink
February 1, 2007
Mr. KERRY (for himself and Ms. SNOWE) introduced the following bill; which was read twice and referred to the Committee on FinanceCommentsClose CommentsPermalink
To amend the Clean Air Act to establish an economy-wide global warming pollution emission cap-and-trade program to assist the economy in transitioning to new clean energy technologies, to protect employees and affected communities, to protect companies and consumers from significant increases in energy costs, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Global Warming Reduction Act of 2007'.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
Sec. 2. Findings.CommentsClose CommentsPermalink
TITLE I--COMPREHENSIVE GLOBAL WARMING POLLUTION REDUCTIONS
Sec. 101. Global warming pollution emission reductions.CommentsClose CommentsPermalink
Sec. 102. Biofuels infrastructure.CommentsClose CommentsPermalink
TITLE II--TAX INCENTIVES FOR ADVANCED TECHNOLOGY VEHICLES
Subtitle A--Providing Consumers With Additional Advanced Technology Vehicle Purchase Incentives
Sec. 201. Expansion and extension of alternative motor vehicle credit.CommentsClose CommentsPermalink
Sec. 202. Plug-in hybrid motor vehicle tax credit.CommentsClose CommentsPermalink
Subtitle B--Advanced Technology Motor Vehicles Manufacturing Credit
Sec. 211. Advanced technology motor vehicles manufacturing credit.CommentsClose CommentsPermalink
TITLE III--INTERNATIONAL AND CORPORATE OBLIGATIONS
Sec. 301. International negotiations and trade restrictions.CommentsClose CommentsPermalink
Sec. 302. Corporate environmental disclosure of climate change risks.CommentsClose CommentsPermalink
TITLE IV--NATIONAL CLIMATE CHANGE VULNERABILITY AND RESILIENCE PROGRAM
Sec. 401. Definitions.CommentsClose CommentsPermalink
Sec. 402. National Climate Change Vulnerability and Resilience Program.CommentsClose CommentsPermalink
SEC. 2. FINDINGS.
Congress finds that--CommentsClose CommentsPermalink
(1) the United States is a party to the United Nations Framework Convention on Climate Change, done at New York on May 9, 1992, which has the objective of stabilizing global warming pollution concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system;CommentsClose CommentsPermalink
(2) to achieve this objective, the increase in global mean surface temperature should not exceed 2 degrees Celsius (3.6 degrees Fahrenheit) above preindustrial temperatures;CommentsClose CommentsPermalink
(3) the risks associated with a temperature increase above 2 degrees Celsius (3.6 degrees Fahrenheit) are grave, including the disintegration of the Greenland ice sheet, which, if melted completely, would raise the global average sea level by approximately 23 feet, devastating many of the coastal areas and population centers of the world;CommentsClose CommentsPermalink
(4) the Intergovernmental Panel on Climate Change projects that, under a range of expected emissions trends, temperatures will rise between 1.4 degrees Celsius to 5.8 degrees Celsius (2.5 degrees Fahrenheit to 10.4 degrees Fahrenheit) by the end of the century;CommentsClose CommentsPermalink
(5) serious global warming impacts have already been observed in the United States and worldwide, including--CommentsClose CommentsPermalink
(A) increases in heat waves and other extreme weather events;CommentsClose CommentsPermalink
(B) a rise in sea levels;CommentsClose CommentsPermalink
(C) a retreat of glaciers and polar ice;CommentsClose CommentsPermalink
(D) a decline in mountain snowpacks;CommentsClose CommentsPermalink
(E) increased drought and wildfires;CommentsClose CommentsPermalink
(F) stronger hurricanes;CommentsClose CommentsPermalink
(G) ocean acidification;CommentsClose CommentsPermalink
(H) extensive coral bleaching;CommentsClose CommentsPermalink
(I) migrations and shifts in the yearly cycles of plants and animals; andCommentsClose CommentsPermalink
(J) the spread of infectious diseases;CommentsClose CommentsPermalink
(6) by 2050, scientists project that, under a mid-range estimate of global warming, approximately 25 percent of animal and plant species would be doomed to extinction;CommentsClose CommentsPermalink
(7) decisive action is--CommentsClose CommentsPermalink
(A) needed to minimize the many dangers posed by global warming; andCommentsClose CommentsPermalink
(B) critical since global warming pollutants can persist in the atmosphere for more than a century;CommentsClose CommentsPermalink
(8) reductions in emissions from current levels should begin within a decade of the date of enactment of this Act to preserve the ability to stabilize atmospheric global warming pollution concentrations at levels likely to protect against a temperature rise above 2 degrees Celsius (3.6 degrees Fahrenheit);CommentsClose CommentsPermalink
(9) while the United States has only 5 percent of the world population, the United States--CommentsClose CommentsPermalink
(A) emits at least 20 percent of the total global warming pollution emissions of the world; andCommentsClose CommentsPermalink
(B) needs to be a leader in addressing global warming; andCommentsClose CommentsPermalink
(10) existing energy efficiency and clean, renewable energy technologies would reduce global warming pollution, while--CommentsClose CommentsPermalink
(A) saving consumers money;CommentsClose CommentsPermalink
(B) reducing the dependence of the United States on oil;CommentsClose CommentsPermalink
(C) enhancing national security;CommentsClose CommentsPermalink
(D) cleaning the air; andCommentsClose CommentsPermalink
(E) protecting pristine places from drilling and mining.CommentsClose CommentsPermalink
TITLE I--COMPREHENSIVE GLOBAL WARMING POLLUTION REDUCTIONS
SEC. 101. GLOBAL WARMING POLLUTION EMISSION REDUCTIONS.
The Clean Air Act (
`TITLE VII--COMPREHENSIVE GLOBAL WARMING POLLUTION REDUCTIONS
`Sec. 701. Definitions.CommentsClose CommentsPermalink
`Sec. 702. Global warming pollution emission reductions.CommentsClose CommentsPermalink
`Sec. 703. Market-based cap on emissions.CommentsClose CommentsPermalink
`Sec. 704. Global warming pollution emission standards for passenger vehicles.CommentsClose CommentsPermalink
`Sec. 705. Research and development.CommentsClose CommentsPermalink
`Sec. 706. Energy efficiency performance standard.CommentsClose CommentsPermalink
`Sec. 707. Renewable portfolio standard.CommentsClose CommentsPermalink
`Sec. 708. Standards to account for biological sequestration of carbon.CommentsClose CommentsPermalink
`Sec. 709. Global warming pollution reporting.CommentsClose CommentsPermalink
`Sec. 710. National Academy of Sciences report.CommentsClose CommentsPermalink
`Sec. 711. Additional authority to regulate emissions of global warming pollutants.CommentsClose CommentsPermalink
`SEC. 701. DEFINITIONS.
`In this title:CommentsClose CommentsPermalink
`(1) ACADEMY- The term `Academy' means the National Academy of Sciences.CommentsClose CommentsPermalink
`(2) ALLOWANCE- The term `allowance' means an authorization by the Administrator to emit--CommentsClose CommentsPermalink
`(A) 1 metric ton of carbon dioxide; orCommentsClose CommentsPermalink
`(B) in the case of a global warming pollutant other than carbon dioxide, a carbon dioxide equivalent.CommentsClose CommentsPermalink
`(3) CARBON DIOXIDE EQUIVALENT- The term `carbon dioxide equivalent' means, for each global warming pollutant, the quantity of the global warming pollutant that makes the same contribution to global warming as 1 metric ton of carbon dioxide, as determined by the Administrator.CommentsClose CommentsPermalink
`(4) COVERED ENTITY- The term `covered entity' means any individual or entity subject to the cap on emissions of global warming pollutants imposed under section 703(a)(1), as determined by the Administrator.CommentsClose CommentsPermalink
`(5) FACILITY- The term `facility' means all buildings, structures, or installations that are--CommentsClose CommentsPermalink
`(A) located on 1 or more contiguous or adjacent properties under common control of the same persons; andCommentsClose CommentsPermalink
`(B) located in the United States.CommentsClose CommentsPermalink
`(6) FUND- The term `Fund' means the Climate Reinvestment Fund established by section 703(g)(1).CommentsClose CommentsPermalink
`(7) GLOBAL WARMING POLLUTANT- The term `global warming pollutant' means each of--CommentsClose CommentsPermalink
`(A) carbon dioxide;CommentsClose CommentsPermalink
`(B) methane;CommentsClose CommentsPermalink
`(C) nitrous oxide;CommentsClose CommentsPermalink
`(D) hydrofluorocarbons;CommentsClose CommentsPermalink
`(E) perfluorocarbons;CommentsClose CommentsPermalink
`(F) sulfur hexafluoride; andCommentsClose CommentsPermalink
`(G) any other anthropogenically-emitted gas that the Administrator, after notice and comment, determines to contribute to global warming.CommentsClose CommentsPermalink
`(8) GLOBAL WARMING POLLUTION- The term `global warming pollution' means any combination of 1 or more global warming pollutants emitted into the ambient air or atmosphere.CommentsClose CommentsPermalink
`(9) PROGRAM- The term `program' means the cap-and-trade program established by the Administrator under section 703(a).CommentsClose CommentsPermalink
`SEC. 702. GLOBAL WARMING POLLUTION EMISSION REDUCTIONS.
`(a) Goals-CommentsClose CommentsPermalink
`(1) EMISSION REDUCTION GOAL- Congress declares that it shall be the goal of the United States, acting in concert with other countries that emit global warming pollutants, to achieve a reduction in global warming pollutant emissions--CommentsClose CommentsPermalink
`(A) to facilitate the achievement of an average global atmospheric concentration of global warming pollution that does not exceed 450 parts per million; andCommentsClose CommentsPermalink
`(B) beginning not later than calendar year 2010, to reverse increases in global warming pollution emissions so as to achieve, by not later than calendar year 2050, a 65-percent reduction in global warming pollution emissions in the United States (as compared to those global warming pollution emissions for calendar year 2000).CommentsClose CommentsPermalink
`(2) ADDITIONAL GOAL- In addition to the emission reduction goal described in paragraph (1), Congress declares that, in implementing this title, it shall be the goal of the United States--CommentsClose CommentsPermalink
`(A) to maximize public benefits and promote economic growth;CommentsClose CommentsPermalink
`(B) to mitigate the effect of any energy cost increases to consumers, particularly low-income consumers;CommentsClose CommentsPermalink
`(C) to provide equitable transition assistance to any employees and regions affected by a transition away from the use of high carbon-emitting energy sources;CommentsClose CommentsPermalink
`(D) to encourage research, development, and commercial deployment of innovative technologies for avoiding, reducing, or sequestering emissions of global warming pollutants;CommentsClose CommentsPermalink
`(E) to encourage reduced carbon emissions from, and enhanced sequestration of, carbon in the forest and agricultural sectors;CommentsClose CommentsPermalink
`(F) to recognize and reward early reductions of greenhouse gases; andCommentsClose CommentsPermalink
`(G) to support activities, including providing support for State activities, to protect against and mitigate the impacts of climate change, including--CommentsClose CommentsPermalink
`(i) the depletion of snowpack and water supplies;CommentsClose CommentsPermalink
`(ii) droughts;CommentsClose CommentsPermalink
`(iii) wildfires;CommentsClose CommentsPermalink
`(iv) enhanced coastal erosion;CommentsClose CommentsPermalink
`(v) increases in sea levels;CommentsClose CommentsPermalink
`(vi) higher storm surges;CommentsClose CommentsPermalink
`(vii) more intense precipitation events and hurricanes;CommentsClose CommentsPermalink
`(viii) the spread of disease;CommentsClose CommentsPermalink
`(ix) damage to fish and wildlife habitat;CommentsClose CommentsPermalink
`(x) negative commercial effects (such as damage to the maple syrup and fishing industries); andCommentsClose CommentsPermalink
`(xi) agricultural and forestry losses resulting from drought, disease, and insect infestations.CommentsClose CommentsPermalink
`(b) Regulations-CommentsClose CommentsPermalink
`(1) EMISSION REDUCTION TARGETS- In order to achieve the goals described in subsection (a), not later than 2 years after the date of enactment of this title, the Administrator shall promulgate any regulations that are necessary to reduce the aggregate net level of global warming pollution emissions of the United States--CommentsClose CommentsPermalink
`(A) by calendar year 2020, through appropriate measures taken during the period of calendar years 2010 through 2019, to the aggregate net level of global warming pollution emissions of the United States for calendar year 1990;CommentsClose CommentsPermalink
`(B) for each of calendar years 2021 through 2030, by at least an additional 2.5 percent below the level achieved for the preceding calendar year in accordance with this paragraph; andCommentsClose CommentsPermalink
`(C) for each of calendar years 2031 through 2050, by at least an additional 3.5 percent below the level achieved for the preceding calendar year in accordance with this paragraph.CommentsClose CommentsPermalink
`(2) ADDITIONAL REGULATIONS- The regulations promulgated under this subsection may include--CommentsClose CommentsPermalink
`(A) requirements to reduce emissions of greenhouse gases from any source or sector, regardless of whether the source or sector is described in section 703(b)(1);CommentsClose CommentsPermalink
`(B) emissions performance standards;CommentsClose CommentsPermalink
`(C) efficiency performance standards;CommentsClose CommentsPermalink
`(D) best management practices;CommentsClose CommentsPermalink
`(E) technology-based requirements; andCommentsClose CommentsPermalink
`(F) such other requirements as the Administrator determines to be appropriate.CommentsClose CommentsPermalink
`SEC. 703. MARKET-BASED CAP ON EMISSIONS.
`(a) In General- In carrying out section 702, the Administrator shall establish a program that--CommentsClose CommentsPermalink
`(1) imposes a cap on the emissions of global warming pollutants from sources and sectors described in subsection (b)(1); andCommentsClose CommentsPermalink
`(2) allows trading of allowances among covered entities.CommentsClose CommentsPermalink
`(b) Scope- The program established under subsection (a) shall--CommentsClose CommentsPermalink
`(1) apply the cap required by subsection (a)(1) to the sources or sectors of the United States economy with--CommentsClose CommentsPermalink
`(A) the greatest global warming pollutant emissions;CommentsClose CommentsPermalink
`(B) the most cost-effective opportunities to reduce global warming pollutant emissions; orCommentsClose CommentsPermalink
`(C) other characteristics that the Administrator determines make the source or sector appropriate for inclusion in the program; andCommentsClose CommentsPermalink
`(2) cover a sufficient proportion of total United States emissions of global warming pollutants, such that, in combination with other measures adopted under this title, and under the Global Warming Reduction Act of 2007 and the amendments made by that Act, the program will ensure, to the maximum extent practicable, that the aggregate United States emissions of global warming pollutants will not exceed the emission reduction targets promulgated pursuant to section 702(b)(1).CommentsClose CommentsPermalink
`(c) Allowances-CommentsClose CommentsPermalink
`(1) ISSUANCE-CommentsClose CommentsPermalink
`(A) IN GENERAL- The regulations promulgated under section 702(b) shall provide for the Administrator to issue, for each calendar year, a quantity of allowances equal to the aggregate emissions allowed under the cap imposed under subsection (a)(1) for the calendar year.CommentsClose CommentsPermalink
`(B) TREATMENT AS PROPERTY- An allowance issued under subparagraph (A) shall not constitute a property right.CommentsClose CommentsPermalink
`(C) NO EFFECT ON AUTHORITY- Nothing in this title or any other provision of law limits or otherwise affects the authority of the United States to terminate or limit an allowance issued under subparagraph (A).CommentsClose CommentsPermalink
`(2) TRADING- An allowance issued under this subsection may be held and traded by any person.CommentsClose CommentsPermalink
`(3) FLEXIBILITY- An allowance issued under this subsection may be--CommentsClose CommentsPermalink
`(A) used for the calendar year in which the allowance was issued; orCommentsClose CommentsPermalink
`(B) banked for use in a calendar year subsequent to the calendar year of issuance.CommentsClose CommentsPermalink
`(d) Distribution of Allowances-CommentsClose CommentsPermalink
`(1) SUBMISSION OF PLAN BY PRESIDENT-CommentsClose CommentsPermalink
`(A) IN GENERAL- Not later than 1 year after the date of enactment of this title, the President, in consultation with the Administrator and heads of other appropriate Federal agencies, shall develop and submit to Congress a plan--CommentsClose CommentsPermalink
`(i) to distribute the allowances issued under this section through--CommentsClose CommentsPermalink
`(I) auctions; andCommentsClose CommentsPermalink
`(II) at the discretion of the President and subject to subparagraph (B)(iii), allocations without charge to covered entities or entities that are not covered by the cap imposed under subsection (a)(1);CommentsClose CommentsPermalink
`(ii) to deposit the proceeds of those auctions in the Fund; andCommentsClose CommentsPermalink
`(iii) to ensure, to the maximum extent practicable, that those allowances are distributed, and those proceeds are used, in a manner consistent with achieving the goals described in section 702(a).CommentsClose CommentsPermalink
`(B) CONTENTS- The plan submitted under subparagraph (A) shall--CommentsClose CommentsPermalink
`(i) identify each Federal department or agency responsible for implementing each action required;CommentsClose CommentsPermalink
`(ii) require that allowances be distributed not later than January 1, 2010, for calendar year 2010; andCommentsClose CommentsPermalink
`(iii) in no case allow any distribution of allowances without charge, resulting in the creation of windfall profits for covered entities.CommentsClose CommentsPermalink
`(2) PLAN IMPLEMENTATION- If, after the 1-year period beginning on the date of submission of the plan under paragraph (1)(A), Congress has not enacted a law that implements the plan (or an alternative to the plan), the Administrator and the head of each Federal department or agency identified in paragraph (1)(B)(i) shall implement the actions identified in the plan.CommentsClose CommentsPermalink
`(e) Monitoring- The Administrator shall ensure, to the maximum extent practicable, that--CommentsClose CommentsPermalink
`(1) the emissions of global warming pollutants and the use of allowances issued under this section are accurately tracked, reported, and verified; andCommentsClose CommentsPermalink
`(2) the cap-and-trade system established pursuant to this section is robust and enforceable.CommentsClose CommentsPermalink
`(f) Enforcement-CommentsClose CommentsPermalink
`(1) IN GENERAL- In the case of excess emissions of global warming pollutants under this section by an covered entity during any calendar year, the regulations promulgated under section 702(b) shall require the covered entity--CommentsClose CommentsPermalink
`(A) to submit allowances for the emissions during the following calendar year; andCommentsClose CommentsPermalink
`(B) to pay a civil penalty in an amount determined under paragraph (2).CommentsClose CommentsPermalink
`(2) AMOUNT OF CIVIL PENALTY-CommentsClose CommentsPermalink
`(A) IN GENERAL- The amount of a civil penalty for each quantity of excess emissions of global warming pollutants constituting 1 carbon dioxide equivalent shall be an amount equal to twice the market price for an allowance as of December 31 of the calendar year in which the excess emissions occurred.CommentsClose CommentsPermalink
`(B) DETERMINATION OF MARKET PRICE- The Administrator shall, by regulation, establish a method of determining the market price of allowances for the purpose of subparagraph (A).CommentsClose CommentsPermalink
`(3) NO DEMAND REQUIRED- A civil penalty under this subsection shall be due and payable to the Administrator without demand.CommentsClose CommentsPermalink
`(4) DEPOSIT AND USE OF AMOUNTS- A civil penalty paid to the Administrator under this subsection shall be--CommentsClose CommentsPermalink
`(A) deposited in the Fund; andCommentsClose CommentsPermalink
`(B) available for use by the President, in accordance with subsection (g), without further appropriation.CommentsClose CommentsPermalink
`(g) Climate Reinvestment Fund-CommentsClose CommentsPermalink
`(1) ESTABLISHMENT- There is established in the Treasury of the United States a fund, to be known as the `Climate Reinvestment Fund', consisting of--CommentsClose CommentsPermalink
`(A) amounts collected pursuant to auctions of allowances issued under this section;CommentsClose CommentsPermalink
`(B) amounts received as civil penalties and deposited in the Fund under subsection (f)(4)(A); andCommentsClose CommentsPermalink
`(C) any interest earned on investment of amounts in the Fund under paragraph (3).CommentsClose CommentsPermalink
`(2) EXPENDITURES FROM FUND- On request by the President, the Secretary of the Treasury shall transfer from the Fund to the President such amounts as the President determines to be necessary to carry out projects and activities to achieve the goals described in section 702(a).CommentsClose CommentsPermalink
`(3) INVESTMENT OF AMOUNTS-CommentsClose CommentsPermalink
`(A) IN GENERAL- The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals.CommentsClose CommentsPermalink
`(B) INTEREST-BEARING OBLIGATIONS- Investments may be made only in interest-bearing obligations of the United States.CommentsClose CommentsPermalink
`(C) ACQUISITION OF OBLIGATIONS- For the purpose of investments under subparagraph (A), obligations may be acquired--CommentsClose CommentsPermalink
`(i) on original issue at the issue price; orCommentsClose CommentsPermalink
`(ii) by purchase of outstanding obligations at the market price.CommentsClose CommentsPermalink
`(D) SALE OF OBLIGATIONS- Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price.CommentsClose CommentsPermalink
`(E) CREDITS TO FUND- The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to, and form a part of, the Fund.CommentsClose CommentsPermalink
`(4) FUNDING- For each fiscal year, there are appropriated to the Fund, to remain available until expended, an amount equal to the sum of, with respect to the preceding fiscal year--CommentsClose CommentsPermalink
`(A) amounts collected pursuant to auctions of allowances issued under this section; andCommentsClose CommentsPermalink
`(B) the amount of civil penalties deposited in the Fund under subsection (f)(4)(A).CommentsClose CommentsPermalink
`SEC. 704. GLOBAL WARMING POLLUTION EMISSION STANDARDS FOR PASSENGER VEHICLES.
`(a) Definition of Passenger Vehicle- In this section, the term `passenger vehicle' means--CommentsClose CommentsPermalink
`(1) a passenger automobile (as that term is defined in
`(2) a light truck; andCommentsClose CommentsPermalink
`(3) any other vehicle that the Administrator determines is a vehicle the primary use of which is noncommercial personal transportation.CommentsClose CommentsPermalink
`(b) Standards-CommentsClose CommentsPermalink
`(1) IN GENERAL- In carrying out section 702(b), the Administrator shall promulgate regulations that establish standards for global warming pollution emissions from passenger vehicles.CommentsClose CommentsPermalink
`(2) REQUIREMENTS- The standards established under paragraph (1) shall provide for the reduction of global warming pollution emissions from passenger vehicles, on an average-vehicle basis, at a rate and in quantities that are equal to or greater than the rate and quantity reductions in those emissions achieved under standards adopted by the California Air Resources Board at the September 23-24, 2004 hearing of that Board (California Code of Regulations, title 13, sec. 1961.1).CommentsClose CommentsPermalink
`(3) REVISIONS- Not later than January 1, 2014, and every 5 years thereafter, the Administrator shall promulgate regulations revising the standards described in paragraph (1) to further reduce global warming pollution emissions from passenger vehicles, taking into account--CommentsClose CommentsPermalink
`(A) the reductions necessary to achieve the emission reduction targets promulgated pursuant to section 702(b)(1); andCommentsClose CommentsPermalink
`(B) the technological feasibility of further reducing those emissions.CommentsClose CommentsPermalink
`SEC. 705. RESEARCH AND DEVELOPMENT.
`(a) In General- The Administrator shall carry out a program to perform and support research on global climate change standards and processes, with the goals of providing scientific and technical knowledge applicable to the reduction of global warming pollutants.CommentsClose CommentsPermalink
`(b) Research Program-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Administrator shall carry out, directly or through the use of contracts or grants, a global climate change standards and processes research program.CommentsClose CommentsPermalink
`(2) RESEARCH-CommentsClose CommentsPermalink
`(A) CONTENTS AND PRIORITIES- The specific contents and priorities of the research program shall be determined in consultation with appropriate Federal agencies, including--CommentsClose CommentsPermalink
`(i) the National Oceanic and Atmospheric Administration;CommentsClose CommentsPermalink
`(ii) the National Aeronautics and Space Administration; andCommentsClose CommentsPermalink
`(iii) the Department of Energy.CommentsClose CommentsPermalink
`(B) TYPES OF RESEARCH- The research program shall include the conduct of basic and applied research--CommentsClose CommentsPermalink
`(i) to develop and provide the enhanced measurements, calibrations, data, models, and reference material standards necessary to enable the monitoring of global warming pollution;CommentsClose CommentsPermalink
`(ii) to assist in establishing a baseline reference point for future trading in global warming pollutants (including the measurement of progress in emission reductions);CommentsClose CommentsPermalink
`(iii) for international exchange as scientific or technical information for the stated purpose of developing mutually-recognized measurements, standards, and procedures for reducing global warming pollution;CommentsClose CommentsPermalink
`(iv) to assist in developing improved industrial processes designed to reduce or eliminate global warming pollution; andCommentsClose CommentsPermalink
`(v) to assist in understanding the acidification of the oceans and the ways in which that process affects ocean ecosystems and fisheries of the United States.CommentsClose CommentsPermalink
`(3) ABRUPT CLIMATE CHANGE RESEARCH-CommentsClose CommentsPermalink
`(A) DEFINITION OF ABRUPT CLIMATE CHANGE- In this paragraph, the term `abrupt climate change' means a change in climate that occurs so rapidly or unexpectedly that humans or natural systems may have difficulty adapting to the change.CommentsClose CommentsPermalink
`(B) RESEARCH- The Administrator shall carry out a program of scientific research on potential abrupt climate change that is designed--CommentsClose CommentsPermalink
`(i) to develop a global array of terrestrial and oceanographic indicators of paleoclimate in order to identify and describe past instances of abrupt climate change;CommentsClose CommentsPermalink
`(ii) to improve understanding of thresholds and nonlinearities in geophysical systems relating to the mechanisms of abrupt climate change;CommentsClose CommentsPermalink
`(iii) to incorporate those mechanisms into advanced geophysical models of climate change; andCommentsClose CommentsPermalink
`(iv) to test the output of those models against an improved global array of records of past abrupt climate changes.CommentsClose CommentsPermalink
`(c) Sense of the Senate- It is the sense of the Senate that Federal funds for clean, low-carbon energy research, development, and deployment should be increased by at least 100 percent for each year during the 10-year period beginning on the date of enactment of this title.CommentsClose CommentsPermalink
`SEC. 706. ENERGY EFFICIENCY PERFORMANCE STANDARD.
`(a) Definitions- In this section:CommentsClose CommentsPermalink
`(1) ELECTRICITY SAVINGS-CommentsClose CommentsPermalink
`(A) IN GENERAL- The term `electricity savings' means reductions in end-use electricity consumption relative to consumption by the same customer or at the same new or existing facility in a given year, as defined in regulations promulgated by the Administrator under subsection (e).CommentsClose CommentsPermalink
`(B) INCLUSIONS- The term `savings' includes savings achieved as a result of--CommentsClose CommentsPermalink
`(i) installation of energy-saving technologies and devices; andCommentsClose CommentsPermalink
`(ii) the use of combined heat and power systems, fuel cells, or any other technology identified by the Administrator that recaptures or generates energy solely for onsite customer use.CommentsClose CommentsPermalink
`(C) EXCLUSION- The term `savings' does not include savings from measures that would likely be adopted in the absence of energy-efficiency programs, as determined by the Administrator.CommentsClose CommentsPermalink
`(2) RETAIL ELECTRICITY SALES- The term `retail electricity sales' means the total quantity of electric energy sold by a retail electricity supplier to retail customers during the most recent calendar year for which that information is available.CommentsClose CommentsPermalink
`(3) RETAIL ELECTRICITY SUPPLIER- The term `retail electricity supplier' means a distribution or integrated utility, or an independent company or entity, that sells electric energy to consumers.CommentsClose CommentsPermalink
`(b) Energy Efficiency Performance Standard- Each retail electricity supplier shall implement programs and measures to achieve improvements in energy efficiency and peak load reduction, as verified by the Administrator.CommentsClose CommentsPermalink
`(c) Targets- For calendar year 2009 and each calendar year thereafter, the Administrator shall ensure, to the maximum extent practicable, that retail electric suppliers annually achieve electricity savings and reduce peak power demand and electricity use by retail customers by a percentage that is not less than the applicable target percentage specified in the following table:CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
Calendar Year Reduction in peak demand Reduction in electricity use CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
2009 .25 percent .25 percent CommentsClose CommentsPermalink
2010 .75 percent .75 percent CommentsClose CommentsPermalink
2011 1.75 percent 1.5 percent CommentsClose CommentsPermalink
2012 2.75 percent 2.25 percent CommentsClose CommentsPermalink
2013 3.75 percent 3.0 percent CommentsClose CommentsPermalink
2014 4.75 percent 3.75 percent CommentsClose CommentsPermalink
2015 5.75 percent 4.5 percent CommentsClose CommentsPermalink
2016 6.75 percent 5.25 percent CommentsClose CommentsPermalink
2017 7.75 percent 6.0 percent CommentsClose CommentsPermalink
2018 8.75 percent 6.75 percent CommentsClose CommentsPermalink
2019 9.75 percent 7.5 percent CommentsClose CommentsPermalink
2020 10.75 percent 8.25 percent CommentsClose CommentsPermalink
2021 and each calendar year thereafter 11.75 percent 9.0 percent CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
`(d) Beginning Date- For the purpose of meeting the targets established under subsection (c), electricity savings shall be calculated based on the sum of--CommentsClose CommentsPermalink
`(1) savings realized as a result of actions taken by the retail electric supplier during the specified calendar year; andCommentsClose CommentsPermalink
`(2) cumulative savings realized as a result of electricity savings achieved in all previous calendar years (beginning with calendar year 2007).CommentsClose CommentsPermalink
`(e) Implementing Regulations-CommentsClose CommentsPermalink
`(1) IN GENERAL- Not later than 1 year after the date of enactment of this title, the Administrator shall promulgate regulations to implement the targets established under subsection (c).CommentsClose CommentsPermalink
`(2) REQUIREMENTS- The regulations shall establish--CommentsClose CommentsPermalink
`(A) a national credit system permitting credits to be awarded, bought, sold, or traded by and among retail electricity suppliers;CommentsClose CommentsPermalink
`(B) a fee equivalent to not less than 4 cents per kilowatt hour for retail energy suppliers that do not meet the targets established under subsection (c); andCommentsClose CommentsPermalink
`(C) standards for monitoring and verification of electricity use and demand savings reported by the retail electricity suppliers.CommentsClose CommentsPermalink
`(3) CONSIDERATION OF TRANSMISSION AND DISTRIBUTION EFFICIENCY- In developing regulations under this subsection, the Administrator shall consider whether savings, in whole or part, achieved by retail electricity suppliers by improving the efficiency of electric distribution and use should be eligible for credits established under this section.CommentsClose CommentsPermalink
`(f) Compliance With State Law- Nothing in this section shall supersede or otherwise affect any State or local law requiring or otherwise relating to reductions in total annual electricity consumption, or peak power consumption, by electric consumers to the extent that the State or local law requires more stringent reductions than those required under this section.CommentsClose CommentsPermalink
`(g) Voluntary Participation- The Administrator may--CommentsClose CommentsPermalink
`(1) pursuant to the regulations promulgated under subsection (e)(1), issue a credit to any entity that is not a retail electric supplier if the entity implements electricity savings; andCommentsClose CommentsPermalink
`(2) in a case in which an entity described in paragraph (1) is a nonprofit or educational organization, provide to the entity 1 or more grants in lieu of a credit.CommentsClose CommentsPermalink
`SEC. 707. RENEWABLE PORTFOLIO STANDARD.
`(a) Renewable Energy-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Administrator, in consultation with the Secretary of Energy, shall promulgate regulations defining the types and sources of renewable energy generation that may be carried out in accordance with this section.CommentsClose CommentsPermalink
`(2) INCLUSIONS- In promulgating regulations under paragraph (1), the Administrator shall include of all types of renewable energy (as defined in section 203(b) of the Energy Policy Act of 2005 (
`(A) municipal solid waste;CommentsClose CommentsPermalink
`(B) wood contaminated with plastics or metals; orCommentsClose CommentsPermalink
`(C) tires.CommentsClose CommentsPermalink
`(b) Renewable Energy Requirement- Of the base quantity of electricity sold by each retail electric supplier to electric consumers during a calendar year, the quantity generated by renewable energy sources shall be not less than the following percentages:CommentsClose CommentsPermalink
2009 through 2010CommentsClose CommentsPermalink
--5CommentsClose CommentsPermalink
2011 through 2015CommentsClose CommentsPermalink
--10CommentsClose CommentsPermalink
2016 through 2020CommentsClose CommentsPermalink
--15CommentsClose CommentsPermalink
2021 and subsequent yearsCommentsClose CommentsPermalink
--20.CommentsClose CommentsPermalink
`(c) Renewable Energy Credit Program- Not later than 1 year after the date of enactment of this title, the Administrator shall establish--CommentsClose CommentsPermalink
`(1) a program to issue, establish the value of, monitor the sale or exchange of, and track renewable energy credits; andCommentsClose CommentsPermalink
`(2) penalties for any retail electric supplier that does not comply with this section.CommentsClose CommentsPermalink
`(d) Prohibition on Double Counting- A renewable energy credit issued under subsection (c)--CommentsClose CommentsPermalink
`(1) may be counted toward meeting the requirements of subsection (b) only once; andCommentsClose CommentsPermalink
`(2) shall vest with the owner of the system or facility that generates the renewable energy that is covered by the renewable energy credit, unless the owner explicitly transfers the renewable energy credit.CommentsClose CommentsPermalink
`(e) Sale Under Purpa Contract- If the Administrator, after consultation with the Secretary of Energy, determines that a renewable energy generator is selling electricity to comply with this section to a retail electric supplier under a contract subject to section 210 of the Public Utilities Regulatory Policies Act of 1978 (
`(f) State Programs- Nothing in this section precludes any State from requiring additional renewable energy generation under any State renewable energy program.CommentsClose CommentsPermalink
`(g) Voluntary Participation- The Administrator may issue a renewable energy credit pursuant to subsection (c) to any entity that is not subject to this section only if the entity applying for the renewable energy credit meets the terms and conditions of this section to the same extent as retail electric suppliers subject to this section.CommentsClose CommentsPermalink
`SEC. 708. STANDARDS TO ACCOUNT FOR BIOLOGICAL SEQUESTRATION OF CARBON.
`(a) In General- Not later than 2 years after the date of enactment of title, the Secretary of Agriculture, with the concurrence of the Administrator, shall establish standards for accrediting certified reductions in the emission of carbon dioxide through above-ground and below-ground biological sequestration activities.CommentsClose CommentsPermalink
`(b) Requirements- The standards shall include--CommentsClose CommentsPermalink
`(1) a national biological carbon storage baseline or inventory; andCommentsClose CommentsPermalink
`(2) measurement, monitoring, and verification guidelines based on--CommentsClose CommentsPermalink
`(A) measurement of increases in carbon storage in excess of the carbon storage that would have occurred in the absence of a new management practice designed to achieve biological sequestration of carbon;CommentsClose CommentsPermalink
`(B) comprehensive carbon accounting that--CommentsClose CommentsPermalink
`(i) reflects sustained net increases in carbon reservoirs; andCommentsClose CommentsPermalink
`(ii) takes into account any carbon emissions resulting from disturbance of carbon reservoirs in existence as of the date of commencement of any new management practice designed to achieve biological sequestration of carbon;CommentsClose CommentsPermalink
`(C) adjustments to account for--CommentsClose CommentsPermalink
`(i) emissions of carbon that may result at other locations as a result of the impact of the new biological sequestration management practice on timber supplies; orCommentsClose CommentsPermalink
`(ii) potential displacement of carbon emissions to other land owned by the entity that carries out the new biological sequestration management practice; andCommentsClose CommentsPermalink
`(D) adjustments to reflect the expected carbon storage over various time periods, taking into account the likely duration of the storage of carbon in a biological reservoir.CommentsClose CommentsPermalink
`(c) Updating of Standards- Not later than 3 years after the date of establishment of the standards under subsection (a), and every 3 years thereafter, the Secretary of Agriculture shall update the standards to take into account the most recent scientific information.CommentsClose CommentsPermalink
`SEC. 709. GLOBAL WARMING POLLUTION REPORTING.
`(a) In General- Not later than 2 years after the date of enactment of this title, and annually thereafter, any entity considered to be a major stationary source (as defined in section 169A(g)) shall submit to the Administrator a report describing the emissions of global warming pollutants from the entity for the preceding calendar year.CommentsClose CommentsPermalink
`(b) Voluntary Reporting- An entity that is not described in subsection (a) may voluntarily report the emissions of global warming pollutants from the entity to the Administrator.CommentsClose CommentsPermalink
`(c) Requirements for Reports-CommentsClose CommentsPermalink
`(1) EXPRESSION OF MEASUREMENTS- Each global warming pollution report submitted under this section shall express global warming pollution emissions in--CommentsClose CommentsPermalink
`(A) metric tons of each global warming pollutant; andCommentsClose CommentsPermalink
`(B) metric tons of the carbon dioxide equivalent of each global warming pollutant.CommentsClose CommentsPermalink
`(2) ELECTRONIC FORMAT- The information contained in a report submitted under this section shall be reported electronically to the Administrator in such form and to such extent as may be required by the Administrator.CommentsClose CommentsPermalink
`(3) DE MINIMIS EXEMPTION- The Administrator may specify the level of global warming pollution emissions from a source within a facility that shall be considered to be a de minimis exemption from the requirement to comply with this section.CommentsClose CommentsPermalink
`(d) Public Availability of Information- Not later than March 1 of the year after which the Administrator receives a report under this subsection from an entity, and annually thereafter, the Administrator shall make the information reported under this section available to the public through the Internet.CommentsClose CommentsPermalink
`(e) Protocols and Methods- The Administrator shall, by regulation, establish protocols and methods to ensure completeness, consistency, transparency, and accuracy of data on global warming pollution emissions submitted under this section.CommentsClose CommentsPermalink
`(f) Enforcement- Regulations promulgated under this section may be enforced pursuant to section 113 with respect to any person that--CommentsClose CommentsPermalink
`(1) fails to submit a report under this section; orCommentsClose CommentsPermalink
`(2) otherwise fails to comply with those regulations.CommentsClose CommentsPermalink
`SEC. 710. NATIONAL ACADEMY OF SCIENCES REPORT.
`(a) In General- Not later than 2 years after the date of enactment of this title, and every 2 years thereafter, the Academy, acting in coordination with the National Research Council, shall submit to the Administrator and Congress a report that assesses--CommentsClose CommentsPermalink
`(1) the probability of avoiding dangerous anthropogenic interference with the climate system; andCommentsClose CommentsPermalink
`(2) the progress made by the United States as of the date of the report to avoid that interference.CommentsClose CommentsPermalink
`(b) Contents- A report submitted under subsection (a) shall--CommentsClose CommentsPermalink
`(1) evaluate whether the emission reduction targets promulgated pursuant to section 702(b)(1) are, after taking into account the actions of the international community, likely to be sufficient to avoid dangerous climate change;CommentsClose CommentsPermalink
`(2) include an assessment of the occurrence, or probability of occurrence, of--CommentsClose CommentsPermalink
`(A) a concentration of atmospheric global warming pollution of greater than 450 carbon dioxide equivalent parts per million;CommentsClose CommentsPermalink
`(B) a global mean surface temperature increase of greater than 2 degrees Celsius (3.6 degrees Fahrenheit) from preindustrial levels;CommentsClose CommentsPermalink
`(C) a substantial slowing of the Atlantic thermohaline circulation;CommentsClose CommentsPermalink
`(D) a sea level rise of more than 8 inches;CommentsClose CommentsPermalink
`(E) an ice-free Arctic Ocean in the summer;CommentsClose CommentsPermalink
`(F) a decrease in the area of permafrost to a level less than 50 percent of the area of permafrost in existence in 2000;CommentsClose CommentsPermalink
`(G) a loss of more than 40 percent of the coverage of coral reefs in the world because of increased ocean temperature or acidity; andCommentsClose CommentsPermalink
`(H) any other indicator of significant global warming, as determined by the Academy;CommentsClose CommentsPermalink
`(3) if the Academy concludes that the emission reduction targets promulgated pursuant to section 702(b)(1) are not likely to be sufficient to avoid dangerous climate change, or that any event specified in paragraph (2) has occurred or is likely to occur--CommentsClose CommentsPermalink
`(A) identify the necessary level of further reductions in atmospheric global warming pollution concentrations; andCommentsClose CommentsPermalink
`(B) recommend additional actions by the United States and the international community to further reduce atmospheric concentrations of global warming pollution; andCommentsClose CommentsPermalink
`(4) if the Academy concludes that an emission reduction target described in section 702(b)(1) cannot be achieved due to technological infeasibility, include a notification of that determination.CommentsClose CommentsPermalink
`SEC. 711. ADDITIONAL AUTHORITY TO REGULATE EMISSIONS OF GLOBAL WARMING POLLUTANTS.
`The authority of the Administrator under this title shall be in addition to the authority of the Administrator to regulate emissions of global warming pollutants pursuant to any other provision of law in effect as of the date of enactment of this title.'.CommentsClose CommentsPermalink
SEC. 102. BIOFUELS INFRASTRUCTURE.
(a) Renewable Fuel Program- Section 211(o)(2) of the Clean Air Act (
`(B) APPLICABLE VOLUME-CommentsClose CommentsPermalink
`(i) IN GENERAL- For the purpose of subparagraph (A), the applicable volume for calendar year 2010 and each calendar year thereafter shall be determined, by rule, by the Administrator, in consultation with the Secretary of Agriculture and the Secretary of Energy, in a manner that ensures, to the maximum extent practicable, that--CommentsClose CommentsPermalink
`(I) the requirements described in clause (ii) for specified calendar years are met; andCommentsClose CommentsPermalink
`(II) the applicable volume for each calendar year not specified in clause (ii) is determined on an annual basis.CommentsClose CommentsPermalink
`(ii) REQUIREMENTS- The requirements referred to in clause (i) are--CommentsClose CommentsPermalink
`(I) for calendar year 2010, at least 10,000,000,000 gallons of renewable fuel;CommentsClose CommentsPermalink
`(II) for calendar year 2020, at least 30,000,000,000 gallons of renewable fuel; andCommentsClose CommentsPermalink
`(III) for calendar year 2030, at least 60,000,000,000 gallons of renewable fuel.'.CommentsClose CommentsPermalink
(b) Installation of E-85 Fuel Pumps by Major Oil Companies at Owned Stations and Branded Stations- Section 211(o) of the Clean Air Act (
`(11) INSTALLATION OF E-85 FUEL PUMPS BY MAJOR OIL COMPANIES AT OWNED STATIONS AND BRANDED STATIONS-CommentsClose CommentsPermalink
`(A) DEFINITIONS- In this paragraph:CommentsClose CommentsPermalink
`(i) E-85 FUEL- The term `E-85 fuel' means a blend of gasoline approximately 85 percent of the content of which is derived from ethanol produced in the United States.CommentsClose CommentsPermalink
`(ii) MAJOR OIL COMPANY- The term `major oil company' means any person that, individually or together with any other person with respect to which the person has an affiliate relationship or significant ownership interest, has not less than 4,500 retail station outlets according to the latest publication of the Petroleum News Annual Factbook.CommentsClose CommentsPermalink
`(iii) SECRETARY- The term `Secretary' means the Secretary of Energy, acting in consultation with the Administrator and the Secretary of Agriculture.CommentsClose CommentsPermalink
`(B) REGULATIONS- The Secretary shall promulgate regulations to ensure, to the maximum extent practicable, that each major oil company that sells or introduces gasoline into commerce in the United States through wholly-owned stations or branded stations installs or otherwise makes available 1 or more pumps that dispense E-85 fuel (including any other equipment necessary, such as including tanks, to ensure that the pumps function properly) at not less than the applicable percentage of the wholly-owned stations and the branded stations of the major oil company specified in subparagraph (C).CommentsClose CommentsPermalink
`(C) APPLICABLE PERCENTAGE- For the purpose of subparagraph (B), the applicable percentage of the wholly-owned stations and the branded stations shall be determined in accordance with the following table:CommentsClose CommentsPermalink
2008CommentsClose CommentsPermalink
--5CommentsClose CommentsPermalink
2009CommentsClose CommentsPermalink
--10CommentsClose CommentsPermalink
2010CommentsClose CommentsPermalink
--15CommentsClose CommentsPermalink
2011CommentsClose CommentsPermalink
--20CommentsClose CommentsPermalink
2012CommentsClose CommentsPermalink
--25CommentsClose CommentsPermalink
2013CommentsClose CommentsPermalink
--30CommentsClose CommentsPermalink
2014CommentsClose CommentsPermalink
--35CommentsClose CommentsPermalink
2015CommentsClose CommentsPermalink
--40CommentsClose CommentsPermalink
2016CommentsClose CommentsPermalink
--45CommentsClose CommentsPermalink
2017 and each calendar year thereafterCommentsClose CommentsPermalink
--50.CommentsClose CommentsPermalink
`(D) GEOGRAPHIC DISTRIBUTION-CommentsClose CommentsPermalink
`(i) IN GENERAL- Subject to clause (ii), in promulgating regulations under subparagraph (B), the Secretary shall ensure that each major oil company described in subparagraph (B) installs or otherwise makes available 1 or more pumps that dispense E-85 fuel at not less than a minimum percentage (specified in the regulations) of the wholly-owned stations and the branded stations of the major oil company in each State.CommentsClose CommentsPermalink
`(ii) REQUIREMENT- In specifying the minimum percentage under clause (i), the Secretary shall ensure that each major oil company installs or otherwise makes available 1 or more pumps described in that clause in each State in which the major oil company operates.CommentsClose CommentsPermalink
`(E) FINANCIAL RESPONSIBILITY- In promulgating regulations under subparagraph (B), the Secretary shall ensure that each major oil company described in that subparagraph assumes full financial responsibility for the costs of installing or otherwise making available the pumps described in that subparagraph and any other equipment necessary (including tanks) to ensure that the pumps function properly.CommentsClose CommentsPermalink
`(F) PRODUCTION CREDITS FOR EXCEEDING E-85 FUEL PUMPS INSTALLATION REQUIREMENT-CommentsClose CommentsPermalink
`(i) EARNING AND PERIOD FOR APPLYING CREDITS- If the percentage of the wholly-owned stations and the branded stations of a major oil company at which the major oil company installs E-85 fuel pumps in a particular calendar year exceeds the percentage required under subparagraph (C), the major oil company earns credits under this paragraph, which may be applied to any of the 3 consecutive calendar years immediately after the calendar year for which the credits are earned.CommentsClose CommentsPermalink
`(ii) TRADING CREDITS- Subject to clause (iii), a major oil company that has earned credits under clause (i) may sell credits to another major oil company to enable the purchaser to meet the requirement under subparagraph (C).CommentsClose CommentsPermalink
`(iii) EXCEPTION- A major oil company may not use credits purchased under clause (ii) to fulfill the geographic distribution requirement in subparagraph (D).'.CommentsClose CommentsPermalink
TITLE II--TAX INCENTIVES FOR ADVANCED TECHNOLOGY VEHICLES
Subtitle A--Providing Consumers With Additional Advanced Technology Vehicle Purchase Incentives
SEC. 201. EXPANSION AND EXTENSION OF ALTERNATIVE MOTOR VEHICLE CREDIT.
(a) Increases in Credit-CommentsClose CommentsPermalink
(1) NEW QUALIFIED FUEL CELL MOTOR VEHICLE- Subsection (b) of section 30B of the Internal Revenue Code of 1986 (relating to new qualified fuel cell motor vehicle credit) is amended--CommentsClose CommentsPermalink
(A) in paragraph (1)--CommentsClose CommentsPermalink
(i) by striking `$8,000 ($4,000' in subparagraph (A) and inserting `$16,000 ($8,000';CommentsClose CommentsPermalink
(ii) by striking `$10,000' in subparagraph (B) and inserting `$20,000';CommentsClose CommentsPermalink
(iii) by striking `$20,000' in subparagraph (C) and inserting `$40,000'; andCommentsClose CommentsPermalink
(iv) by striking `$40,000' in subparagraph (D) and inserting `$80,000'; andCommentsClose CommentsPermalink
(B) in paragraph (2)(A)--CommentsClose CommentsPermalink
(i) by striking `$1,000' in clause (i) and inserting `$2,000';CommentsClose CommentsPermalink
(ii) by striking `$1,500' in clause (ii) and inserting `$3,000';CommentsClose CommentsPermalink
(iii) by striking `$2,000' in clause (iii) and inserting `$4,000';CommentsClose CommentsPermalink
(iv) by striking `$2,500' in clause (iv) and inserting `$5,000';CommentsClose CommentsPermalink
(v) by striking `$3,000' in clause (v) and inserting `$6,000';CommentsClose CommentsPermalink
(vi) by striking `$3,500' in clause (vi) and inserting `$7,000'; andCommentsClose CommentsPermalink
(vii) by striking `$4,000' in clause (vii) and inserting `$8,000'.CommentsClose CommentsPermalink
(2) NEW ADVANCED LEAN BURN TECHNOLOGY MOTOR VEHICLE-CommentsClose CommentsPermalink
(A) FUEL ECONOMY- The table in clause (i) of section 30B(c)(2)(A) of such Code (relating to fuel economy) is amended--CommentsClose CommentsPermalink
(i) by striking `$400' and inserting `$800';CommentsClose CommentsPermalink
(ii) by striking `$800' and inserting `$1,600';CommentsClose CommentsPermalink
(iii) by striking `$1,200' and inserting `$2,400';CommentsClose CommentsPermalink
(iv) by striking `$1,600' and inserting `$3,200';CommentsClose CommentsPermalink
(v) by striking `$2,000' and inserting `$4,000'; andCommentsClose CommentsPermalink
(vi) by striking `$2,400' and inserting `$4,800'.CommentsClose CommentsPermalink
(B) CONSERVATION- The table in subparagraph (B) of section 30B(c)(2) of such Code (relating to conservation credit) is amended--CommentsClose CommentsPermalink
(i) by striking `$250' and inserting `$500';CommentsClose CommentsPermalink
(ii) by striking `$500' and inserting `$1,000';CommentsClose CommentsPermalink
(iii) by striking `$750' and inserting `$1,500'; andCommentsClose CommentsPermalink
(iv) by striking `$1,000' and inserting `$2,000'.CommentsClose CommentsPermalink
(b) Expansion of Number of New Qualified Hybrid and Advanced Lean Burn Technology Vehicles Eligible for Credit- Paragraph (2) of section 30B(f) of the Internal Revenue Code of 1986 (relating to phaseout) is amended--CommentsClose CommentsPermalink
(1) by striking `the period' and inserting `any period',CommentsClose CommentsPermalink
(2) by striking `United States after December 31, 2005, is at least 60,000' and inserting `United States is--CommentsClose CommentsPermalink
`(A) after December 31, 2005, at least 60,000, andCommentsClose CommentsPermalink
`(B) after December 31, 2008, and before January 1, 2013, 60,000.', andCommentsClose CommentsPermalink
(3) by adding at the end the following new sentence: `For purposes of the preceding sentence, the Secretary may extend the time period through 2014 if the Secretary determines that market conditions merit such action.'.CommentsClose CommentsPermalink
(c) Extension- Section 30B(j) of the Internal Revenue Code of 1986 (relating to termination) is amended--CommentsClose CommentsPermalink
(1) by striking `December 31, 2010' both places it appears and inserting `December 31, 2014', andCommentsClose CommentsPermalink
(2) by striking `December 31, 2009' in paragraph (3) and inserting `December 31, 2014'.CommentsClose CommentsPermalink
(d) Effective Date- The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act, in taxable years ending after such date.CommentsClose CommentsPermalink
SEC. 202. PLUG-IN HYBRID MOTOR VEHICLE TAX CREDIT.
(a) In General- Section 30B of the Internal Revenue Code of 1986 is amended by redesignating subsections (i) and (j) as subsections (j) and (k), respectively, and by inserting after subsection (h) the following new subsection:CommentsClose CommentsPermalink
`(i) New Plug-In Hybrid Motor Vehicle Credit-CommentsClose CommentsPermalink
`(1) IN GENERAL- For purposes of subsection (a), the new plug-in hybrid motor vehicle credit determined under this subsection with respect to a new qualified plug-in hybrid motor vehicle or new qualified flexible-fuel plug-in hybrid motor vehicle placed in service by the taxpayer during the taxable year is--CommentsClose CommentsPermalink
`(A) $3,000, if such vehicle is a new qualified plug-in hybrid motor vehicle with a gross vehicle weight rating of not more than 8,500 pounds, andCommentsClose CommentsPermalink
`(B) $3,150, if such vehicle is a new qualified flexible-fuel plug-in hybrid motor vehicle with a gross vehicle weight rating of not more than 8,500 pounds.CommentsClose CommentsPermalink
`(2) INCREASE FOR FUEL EFFICIENCY-CommentsClose CommentsPermalink
`(A) IN GENERAL- The amount determined under paragraph (1)(A) with respect to a new qualified plug-in hybrid motor vehicle or new qualified flexible-fuel plug-in hybrid motor vehicle which is a passenger automobile or light truck shall be increased by--CommentsClose CommentsPermalink
`(i) $1,000 if such vehicle achieves at least 250 percent but less than 250 percent of the 2002 model year city fuel economy,CommentsClose CommentsPermalink
`(ii) $1,500 if such vehicle achieves at least 250 percent but less than 275 percent of the 2002 model year city fuel economy,CommentsClose CommentsPermalink
`(iii) $2,000 if such vehicle achieves at least 275 percent but less than 300 percent of the 2002 model year city fuel economy,CommentsClose CommentsPermalink
`(iv) $2,500 if such vehicle achieves at least 300 percent but less than 325 percent of the 2002 model year city fuel economy, andCommentsClose CommentsPermalink
`(v) $3,000 if such vehicle achieves at least 325 percent of the 2002 model year city fuel economy,CommentsClose CommentsPermalink
`(B) 2002 MODEL YEAR CITY FUEL ECONOMY- For purposes of subparagraph (A), the 2002 model year city fuel economy with respect to a vehicle shall be determined using the tables provided in subsection (b)(2)(B).CommentsClose CommentsPermalink
`(3) NEW QUALIFIED PLUG-IN HYBRID MOTOR VEHICLE- For purposes of this subsection, the term `new qualified plug-in hybrid motor vehicle' means a motor vehicle--CommentsClose CommentsPermalink
`(A) which is propelled by an internal combustion engine or heat engine using --CommentsClose CommentsPermalink
`(i) any combustible fuel,CommentsClose CommentsPermalink
`(ii) an on-board, rechargeable storage device, andCommentsClose CommentsPermalink
`(iii) a means of using an off-board source of electricity,CommentsClose CommentsPermalink
`(B) which, in the case of a passenger automobile or light truck, has received on or after the date of the enactment of this section a certificate that such vehicle meets or exceeds the Bin 5 Tier II emission level established in regulations prescribed by the Administrator of the Environmental Protection Agency under section 202(i) of the Clean Air Act for that make and model year vehicle,CommentsClose CommentsPermalink
`(C) the original use of which commences with the taxpayer,CommentsClose CommentsPermalink
`(D) which is acquired for use or lease by the taxpayer and not for resale, andCommentsClose CommentsPermalink
`(E) which is made by a manufacturer.CommentsClose CommentsPermalink
`(4) NEW QUALIFIED FLEXIBLE-FUEL PLUG-IN HYBRID MOTOR VEHICLE- For purposes of this subsection, the term `new qualified flexible-fuel plug-in hybrid motor vehicle' means a motor vehicle--CommentsClose CommentsPermalink
`(A) which is propelled by an internal combustion engine or heat engine using--CommentsClose CommentsPermalink
`(i) an on-board, rechargeable storage device, andCommentsClose CommentsPermalink
`(ii) a means of using an off-board source of electricity,CommentsClose CommentsPermalink
`(B) which is warrantied by its manufacturer to operate on any combination of gasoline and a fuel blend containing up to 85 percent ethanol and 15 percent gasoline by volume (E85),CommentsClose CommentsPermalink
`(C) which, in the case of a passenger automobile or light truck, has received on or after the date of the enactment of this section a certificate that such vehicle meets or exceeds the Bin 5 Tier II emission level established in regulations prescribed by the Administrator of the Environmental Protection Agency under section 202(i) of the Clean Air Act for that make and model year vehicle,CommentsClose CommentsPermalink
`(D) the original use of which commences with the taxpayer,CommentsClose CommentsPermalink
`(E) which is acquired for use or lease by the taxpayer and not for resale, andCommentsClose CommentsPermalink
`(F) which is made by a manufacturer.'.CommentsClose CommentsPermalink
(b) Conforming Amendments-CommentsClose CommentsPermalink
(1) Section 30B(a) of the Internal Revenue Code of 1986 is amended by striking `and' at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting `, and', and by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(5) the new plug-in hybrid motor vehicle credit determined under subsection (i).'.CommentsClose CommentsPermalink
(2) Section 30B(k)(2) of such Code, as redesignated by subsection (a), is amended by striking `or' and inserting a comma and by inserting `, a new qualified plug-in hybrid motor vehicle (as described in subsection (i)(3)), or a new qualified flexible-fuel plug-in hybrid motor vehicle (as described in subsection (i)(4))' after `subsection (d)(2)(A))'.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act, in taxable years ending after such date.CommentsClose CommentsPermalink
Subtitle B--Advanced Technology Motor Vehicles Manufacturing Credit
SEC. 211. ADVANCED TECHNOLOGY MOTOR VEHICLES MANUFACTURING CREDIT.
(a) In General- Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section:CommentsClose CommentsPermalink
`SEC. 30D. ADVANCED TECHNOLOGY MOTOR VEHICLES MANUFACTURING CREDIT.
`(a) Credit Allowed- There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 35 percent of the qualified investment of an eligible taxpayer for such taxable year.CommentsClose CommentsPermalink
`(b) Qualified Investment- For purposes of this section--CommentsClose CommentsPermalink
`(1) IN GENERAL- The term `qualified investment' means, with respect to any taxable year, the sum of--CommentsClose CommentsPermalink
`(A) the costs paid or incurred by the eligible taxpayer during such taxable year--CommentsClose CommentsPermalink
`(i) to re-equip, expand, or establish any manufacturing facility of the eligible taxpayer to produce advanced technology motor vehicles or to produce eligible components, andCommentsClose CommentsPermalink
`(ii) for qualified research (as defined in section 41(d)) related to advanced technology motor vehicles and eligible components, andCommentsClose CommentsPermalink
`(B) qualified engineering integration costs.CommentsClose CommentsPermalink
`(2) ATTRIBUTION RULES- For purposes of paragraph (1)(A)(i), in the case of a manufacturing facility of the eligible taxpayer which produces both advanced technology motor vehicles and other motor vehicles, or eligible components and other components, only the amount paid or incurred for the production of advanced technology motor vehicles and eligible components shall be taken into account.CommentsClose CommentsPermalink
`(c) Eligible Taxpayer- For purposes of this section, the term `eligible taxpayer' means any taxpayer if more than 50 percent of its gross receipts for the taxable year is derived from the manufacture of motor vehicles or any component parts of such vehicles.CommentsClose CommentsPermalink
`(d) Definitions- For purposes of this section--CommentsClose CommentsPermalink
`(1) ADVANCED TECHNOLOGY MOTOR VEHICLE- The term `advanced technology motor vehicle' means--CommentsClose CommentsPermalink
`(A) any new qualified fuel cell motor vehicle (as defined in section 30B(b)(3)),CommentsClose CommentsPermalink
`(B) any new advanced lean burn technology motor vehicle (as defined in section 30B(c)(3)),CommentsClose CommentsPermalink
`(C) any new qualified hybrid motor vehicle (as defined in section 30B(d)(3)(A) and determined without regard to any gross vehicle weight rating),CommentsClose CommentsPermalink
`(D) any new qualified alternative motor fuel vehicle (as defined in section 30B(e)(4)), andCommentsClose CommentsPermalink
`(E) any new qualified plug-in hybrid motor vehicle (as defined in section 30B(i)(3)) or any new qualified flexible-fuel plug-in hybrid motor vehicle (as defined in section 30B(i)(4)).CommentsClose CommentsPermalink
`(2) ELIGIBLE COMPONENTS- The term `eligible component' means any component inherent to any advanced technology motor vehicle but not inherent to a motor vehicle which is not an advanced technology motor vehicle, including--CommentsClose CommentsPermalink
`(A) with respect to any gasoline or diesel-electric new qualified hybrid motor vehicle, any--CommentsClose CommentsPermalink
`(i) electric motor or generator,CommentsClose CommentsPermalink
`(ii) power split device,CommentsClose CommentsPermalink
`(iii) power control unit,CommentsClose CommentsPermalink
`(iv) power controls,CommentsClose CommentsPermalink
`(v) integrated starter generator, orCommentsClose CommentsPermalink
`(vi) battery,CommentsClose CommentsPermalink
`(B) with respect to any hydraulic new qualified hybrid motor vehicle, any--CommentsClose CommentsPermalink
`(i) hydraulic accumulator vessel,CommentsClose CommentsPermalink
`(ii) hydraulic pump, orCommentsClose CommentsPermalink
`(iii) hydraulic pump-motor assembly,CommentsClose CommentsPermalink
`(C) with respect to any new advanced lean burn technology motor vehicle, any--CommentsClose CommentsPermalink
`(i) diesel engine,CommentsClose CommentsPermalink
`(ii) turbocharger,CommentsClose CommentsPermalink
`(iii) fuel injection system, orCommentsClose CommentsPermalink
`(iv) after-treatment system, such as a particle filter or NOX absorber, andCommentsClose CommentsPermalink
`(D) with respect to any advanced technology motor vehicle, any other component submitted for approval by the Secretary.CommentsClose CommentsPermalink
`(3) QUALIFIED ENGINEERING INTEGRATION COSTS- For purposes of subsection (b)(1)(B), the term `qualified engineering integration costs' means, with respect to any advanced technology motor vehicle, costs incurred prior to the market introduction of such motor vehicle for engineering tasks related to--CommentsClose CommentsPermalink
`(A) establishing functional, structural, and performance requirements for components and subsystems to meet overall vehicle objectives for a specific application,CommentsClose CommentsPermalink
`(B) designing interfaces for components and subsystems with mating systems within a specific vehicle application,CommentsClose CommentsPermalink
`(C) designing cost effective, efficient, and reliable manufacturing processes to produce components and subsystems for a specific vehicle application, andCommentsClose CommentsPermalink
`(D) validating functionality and performance of components and subsystems for a specific vehicle application.CommentsClose CommentsPermalink
`(4) MOTOR VEHICLE- The term `motor vehicle' has the meaning given such term by section 30(c)(2).CommentsClose CommentsPermalink
`(e) Limitation Based on Amount of Tax-CommentsClose CommentsPermalink
`(1) IN GENERAL- The credit allowed under subsection (a) for any taxable year shall not exceed the sum of--CommentsClose CommentsPermalink
`(A) the taxpayer's regular tax liability (as defined in section 26(b)) for the taxable year, plusCommentsClose CommentsPermalink
`(B) the tax imposed under section 55 for the taxable year.CommentsClose CommentsPermalink
`(2) CARRYOVER OF UNUSED CREDIT AMOUNTS-CommentsClose CommentsPermalink
`(A) IN GENERAL- If the credit allowable under subsection (a) for a taxable year exceeds the limitation under paragraph (1) for such taxable year, such excess shall be allowed--CommentsClose CommentsPermalink
`(i) as a credit carryback to each of the 13 taxable years preceding such year, andCommentsClose CommentsPermalink
`(ii) as a credit carryforward to each of the 20 taxable years following such year.CommentsClose CommentsPermalink
`(B) AMOUNT CARRIED TO EACH YEAR- For purposes of this paragraph, rules similar to the rules of section 39(a)(2) shall apply.CommentsClose CommentsPermalink
`(f) Special Rules-CommentsClose CommentsPermalink
`(1) REDUCTION IN BASIS- For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this paragraph) result from such expenditure shall be reduced by the amount of the credit so allowed.CommentsClose CommentsPermalink
`(2) INVESTMENTS AND PROPERTY OUTSIDE THE UNITED STATES- No credit shall be allowed under subsection (a) with respect to--CommentsClose CommentsPermalink
`(A) any manufacturing facility which is located outside the United States, andCommentsClose CommentsPermalink
`(B) any engineering integration or research and development conducted outside the United States.CommentsClose CommentsPermalink
`(3) AGGREGATION OF EXPENDITURES; ALLOCATIONS- For purposes of this section, rules similar to the rules of paragraphs (1) and (2) of section 41(f) shall apply.CommentsClose CommentsPermalink
`(4) RECAPTURE- The Secretary shall, by regulation, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any manufacturing facility which ceases to produce advanced technology motor vehicles or eligible components.CommentsClose CommentsPermalink
`(5) PUBLIC STATEMENT-CommentsClose CommentsPermalink
`(A) IN GENERAL- No credit shall be allowed under subsection (a) for any taxable year unless the eligible taxpayer makes publicly available a statement describing the activities of the eligible taxpayer for which the credit is allowed and the public benefits of such activities, including the estimated amount of any reduction in national oil consumption in future years as a result of such activities.CommentsClose CommentsPermalink
`(B) TIME FOR PUBLICATION- The statement required under subparagraph (A) shall be made available not later than 90 days after the end of the taxable year for which the credit under subsection (a) is allowed and shall be in such form as the Secretary shall prescribe.CommentsClose CommentsPermalink
`(6) NO DOUBLE BENEFIT-CommentsClose CommentsPermalink
`(A) COORDINATION WITH OTHER DEDUCTIONS AND CREDITS- Except as provided in subparagraph (B), the amount of any deduction or other credit allowable under this chapter for any cost taken into account in determining the amount of the credit under subsection (a) shall be reduced by the amount of such credit attributable to such cost.CommentsClose CommentsPermalink
`(B) RESEARCH AND DEVELOPMENT COSTS-CommentsClose CommentsPermalink
`(i) IN GENERAL- Except as provided in clause (ii), any amount described in subsection (b)(1)(A)(ii) taken into account in determining the amount of the credit under subsection (a) for any taxable year shall not be taken into account for purposes of determining the credit under section 41 for such taxable year.CommentsClose CommentsPermalink
`(ii) COSTS TAKEN INTO ACCOUNT IN DETERMINING BASE PERIOD RESEARCH EXPENSES- Any amounts described in subsection (b)(1)(A)(ii) taken into account in determining the amount of the credit under subsection (a) for any taxable year which are qualified research expenses (within the meaning of section 41(b)) shall be taken into account in determining base period research expenses for purposes of applying section 41 to subsequent taxable years.CommentsClose CommentsPermalink
`(g) Election Not To Take Credit- No credit shall be allowed under subsection (a) for any property if the taxpayer elects not to have this section apply to such property.CommentsClose CommentsPermalink
`(h) Regulations- The Secretary shall prescribe such regulations as necessary to carry out the provisions of this section.'.CommentsClose CommentsPermalink
(b) Conforming Amendments-CommentsClose CommentsPermalink
(1) Section 1016(a) of the Internal Revenue Code of 1986 is amended by striking `and' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting `, and', and by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(38) to the extent provided in section 30D(f)(1).'.CommentsClose CommentsPermalink
(2) Section 6501(m) of such Code is amended by inserting `30D(g),' after `30C(e)(5),'.CommentsClose CommentsPermalink
(3) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30C the following new item:CommentsClose CommentsPermalink
`Sec. 30D. Advanced technology motor vehicles manufacturing credit.'.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall apply to amounts incurred in taxable years beginning after December 31, 1993.CommentsClose CommentsPermalink
TITLE III--INTERNATIONAL AND CORPORATE OBLIGATIONS
SEC. 301. INTERNATIONAL NEGOTIATIONS AND TRADE RESTRICTIONS.
It is the sense of the Senate that the United States should act to reduce the health, environmental, economic, and national security risks posed by global climate change, and foster sustained economic growth through a new generation of technologies, by--CommentsClose CommentsPermalink
(1) participating in negotiations under the United Nations Framework Convention on Climate Change, done at New York May 9, 1992, and leading efforts in other international forums, with the objective of securing participation of the United States in agreements that--CommentsClose CommentsPermalink
(A) advance and protect the economic and national security interests of the United States;CommentsClose CommentsPermalink
(B) establish mitigation commitments by all countries that are major emitters of global warming pollution, in accordance with the principle of `common but differentiated responsibilities';CommentsClose CommentsPermalink
(C) establish flexible international mechanisms to minimize the cost of efforts by participating countries; andCommentsClose CommentsPermalink
(D) achieve a significant long-term reduction in global warming pollution emissions; andCommentsClose CommentsPermalink
(2) establishing a bipartisan Senate observation group, the members of which should be designated by the Chairman and Ranking Member of the Committee on Foreign Relations of the Senate, and which should include the Chairman and Ranking Member of the Committee on Environment and Public Works of the Senate--CommentsClose CommentsPermalink
(A) to monitor any international negotiations on climate change; andCommentsClose CommentsPermalink
(B) to ensure that the advice and consent function of the Senate is exercised in a manner to facilitate timely consideration of any applicable treaty submitted to the Senate.CommentsClose CommentsPermalink
SEC. 302. CORPORATE ENVIRONMENTAL DISCLOSURE OF CLIMATE CHANGE RISKS.
(a) Regulations- Not later than 2 years after the date of enactment of this Act, the Securities and Exchange Commission (referred to in this section as the `Commission') shall promulgate regulations in accordance with section 13 of the Securities Exchange Act of 1934 (
(1) the financial exposure of the issuer because of the net global warming pollution emissions of the issuer; andCommentsClose CommentsPermalink
(2) the potential economic impacts of global warming on the interests of the issuer.CommentsClose CommentsPermalink
(b) Uniform Format for Disclosure- In carrying out subsection (a), the Commission shall enter into an agreement with the Financial Accounting Standards Board, or another appropriate organization that establishes voluntary standards, to develop a uniform format for disclosing to securities investors information on the risks described in subsection (a).CommentsClose CommentsPermalink
(c) Interim Interpretive Release-CommentsClose CommentsPermalink
(1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Commission shall issue an interpretive release clarifying that under items 101 and 303 of Regulation S-K of the Commission under part 229 of title 17, Code of Federal Regulations (as in effect on the date of enactment of this Act)--CommentsClose CommentsPermalink
(A) the commitments of the United States to reduce emissions of global warming pollution under the United Nations Framework Convention on Climate Change, done at New York on May 9, 1992, are considered to be a material effect; andCommentsClose CommentsPermalink
(B) global warming constitutes a known trend.CommentsClose CommentsPermalink
(2) PERIOD OF EFFECTIVENESS- The interpretive release issued under paragraph (1) shall remain in effect until the effective date of the final regulations promulgated under subsection (a).CommentsClose CommentsPermalink
TITLE IV--NATIONAL CLIMATE CHANGE VULNERABILITY AND RESILIENCE PROGRAM
SEC. 401. DEFINITIONS.
In this title:CommentsClose CommentsPermalink
(1) OFFICE- The term `Office' means the Office of Climate Change Vulnerability and Resilience Research established under section 402(c).CommentsClose CommentsPermalink
(2) PROGRAM- The term `Program' means the National Climate Change Vulnerability and Resilience Program established under section 402(a).CommentsClose CommentsPermalink
(3) SECRETARY- The term `Secretary' means the Secretary of Commerce.CommentsClose CommentsPermalink
SEC. 402. NATIONAL CLIMATE CHANGE VULNERABILITY AND RESILIENCE PROGRAM.
(a) Establishment- The Secretary shall establish a National Climate Change Vulnerability and Resilience Program to evaluate and make recommendations about local, regional, and national vulnerability and resilience to impacts relating to longer-term climatic changes and shorter-term climatic variations, including changes and variations resulting from human activities.CommentsClose CommentsPermalink
(b) Consultation- In designing the Program, the Secretary shall consult with Federal agencies participating in the United States Global Change Research Program established under section 103 of the Global Change Research Act of 1990 (
(c) Office of Climate Change Vulnerability and Resilience Research- The Secretary shall establish an Office of Climate Change Vulnerability and Resilience Research within the Department of Commerce, which shall--CommentsClose CommentsPermalink
(1) be responsible for managing the Program; andCommentsClose CommentsPermalink
(2) in accordance with the design of the Program, coordinate climatic change and climatic variation vulnerability and resilience research in the United States.CommentsClose CommentsPermalink
(d) Vulnerability Assessments- The Program shall include--CommentsClose CommentsPermalink
(1) evaluations, based on historical data, current observational data, and, where appropriate, available predictions, of local, State, regional, and national vulnerability to phenomena associated with climatic change and climatic variation, including--CommentsClose CommentsPermalink
(A) severe weather events, such as severe thunderstorms, tornadoes, and hurricanes;CommentsClose CommentsPermalink
(B) annual and interannual climate events, such as the El Nin.AE6o Southern Oscillation and the North Atlantic Oscillation;CommentsClose CommentsPermalink
(C) changes in sea level and shifts in the hydrological cycle;CommentsClose CommentsPermalink
(D) natural hazards, including tsunamis, droughts, floods, and wildfires; andCommentsClose CommentsPermalink
(E) alterations of ecological communities as a result of climatic change and climatic variation; andCommentsClose CommentsPermalink
(2) the production of a vulnerability scorecard, in cooperation with State and local institutions including university researchers and programs, that assesses the vulnerability and capacity of each State to respond to climatic change and climatic variation hazards.CommentsClose CommentsPermalink
(e) Preparedness Recommendations- Not later than 2 years after the date of enactment of this Act, the Office shall submit to Congress a report that--CommentsClose CommentsPermalink
(1) includes the vulnerability scorecards produced under subsection (d)(2); andCommentsClose CommentsPermalink
(2) identifies, and recommends implementation and funding strategies for, short-term and long-term actions that may be taken at the local, State, regional, or national level--CommentsClose CommentsPermalink
(A) to minimize climatic change and climatic variation threats to human life and property;CommentsClose CommentsPermalink
(B) to minimize negative economic impacts of climatic change and climatic variation; andCommentsClose CommentsPermalink
(C) to improve resilience to climatic change and climatic variation hazards.CommentsClose CommentsPermalink
(f) Vulnerability Research- In addition to other responsibilities under this section, the Office shall--CommentsClose CommentsPermalink
(1) apply the results of available vulnerability research to develop and improve criteria that measure resilience to climatic change and climatic variation hazards at the local, State, regional, and national levels;CommentsClose CommentsPermalink
(2) coordinate the implementation of short-term and long-term research programs based on the recommendations made under subsection (e)(2);CommentsClose CommentsPermalink
(3) measure progress in increasing the capacity of each State to respond to climatic change and climatic variation hazards, using the vulnerability scorecards produced under subsection (d)(2) as a benchmark; andCommentsClose CommentsPermalink
(4) not less than annually, review and, if appropriate due to the availability of additional information, update the vulnerability scorecards and the recommendations made under subsection (e)(2).CommentsClose CommentsPermalink
(g) Information and Technology Dissemination- The Secretary shall--CommentsClose CommentsPermalink
(1) make widely available appropriate information, technologies, and products to assist local, State, regional, and national efforts to reduce loss of life and property due to climatic change and climatic variation; andCommentsClose CommentsPermalink
(2) coordinate the dissemination of the information, technologies, and products through all appropriate channels.CommentsClose CommentsPermalink
(h) Authorization of Appropriations- There is authorized to be appropriated to the Secretary to carry out this section $10,000,000.CommentsClose CommentsPermalink
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