HR 3543 IHCommentsClose CommentsPermalink

To direct the Environmental Protection Agency to establish a product carbon disclosure program to facilitate carbon content labeling, and for other purposes.CommentsClose CommentsPermalink

September 9, 2009CommentsClose CommentsPermalink

Ms. BALDWIN introduced the following bill; which was referred to the Committee on Energy and CommerceCommentsClose CommentsPermalink

To direct the Environmental Protection Agency to establish a product carbon disclosure program to facilitate carbon content labeling, 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. PRODUCT CARBON DISCLOSURE PROGRAM.

(a) EPA Study- The Administrator of the Environmental Protection Agency shall conduct a study to determine the feasibility of establishing a national program for measuring, reporting, publicly disclosing, and labeling products or materials sold in the United States for their carbon content, and shall, not later than 18 months after the date of enactment of this Act, transmit a report to Congress which shall include the following:CommentsClose CommentsPermalink





(1) A determination of whether a national product carbon disclosure program and labeling program would be effective in achieving the intended goals of achieving greenhouse gas reductions and an examination of existing programs globally and their strengths and weaknesses.CommentsClose CommentsPermalink





(2) Criteria for identifying and prioritizing sectors and products and processes that should be covered in such program or programs.CommentsClose CommentsPermalink





(3) An identification of products, processes, or sectors whose inclusion could have a substantial carbon impact (prioritizing industrial products such as iron and steel, aluminum, cement, chemicals, and paper products, and also including food, beverage, hygiene, cleaning, household cleaners, construction, metals, clothing, semiconductor, and consumer electronics).CommentsClose CommentsPermalink





(4) Suggested methodology and protocols for measuring the carbon content of the products across the entire carbon lifecycle of such products for use in a carbon disclosure program and labeling program.CommentsClose CommentsPermalink





(5) A review of existing greenhouse gas product accounting standards, methodologies, and practices including the Greenhouse Gas Protocol, ISO 14040/44, ISO 14067, and Publically Available Specification 2050, and including a review of the strengths and weaknesses of each.CommentsClose CommentsPermalink





(6) A survey of secondary databases including the Manufacturing Energy Consumption Survey and evaluate the quality of data for use in a product carbon disclosure program and product carbon labeling program and an identification of gaps in the data relative to the potential purposes of a national product carbon disclosure program and product carbon labeling program and development of recommendations for addressing these data gaps.CommentsClose CommentsPermalink





(7) An assessment of the utility of comparing products and the appropriateness of product carbon standards.CommentsClose CommentsPermalink





(8) An evaluation of the information needed on a label for clear and accurate communication, including what pieces of quantitative and qualitative information needs to be disclosed.CommentsClose CommentsPermalink





(9) An evaluation of the appropriate boundaries of the carbon lifecycle analysis for different sectors and products.CommentsClose CommentsPermalink





(10) An analysis of whether default values should be developed for products whose producer does not participate in the program or does not have data to support a disclosure or label and determine best ways to develop such default values.CommentsClose CommentsPermalink





(11) A recommendation of certification and verification options necessary to assure the quality of the information and avoid greenwashing or the use of insubstantial or meaningless environmental claims to promote a product.CommentsClose CommentsPermalink





(12) An assessment of options for educating consumers about product carbon content and the product carbon disclosure program and product carbon labeling program.CommentsClose CommentsPermalink





(13) An analysis of the costs and timelines associated with establishing a national product carbon disclosure program and product carbon labeling program, including options for a phased approach. Costs should include those for businesses associated with the measurement of carbon footprints and those associated with creating a product carbon label and managing and operating a product carbon labeling program, and options for minimizing these costs.CommentsClose CommentsPermalink





(14) An evaluation of incentives (such as financial incentives, brand reputation, and brand loyalty) to determine whether reductions in emissions can be accelerated through encouraging more efficient manufacturing or by encouraging preferences for lower-emissions products to substitute for higher-emissions products whose level of performance is no better.CommentsClose CommentsPermalink





(b) Development of National Carbon Disclosure Program- Upon conclusion of the study, and not more than 36 months after the date of enactment of this Act, the Administrator shall establish a national product carbon disclosure program, participation in which shall be voluntary, and which may involve a product carbon label with broad applicability to the wholesale and consumer markets to enable and encourage knowledge about carbon content by producers and consumers and to inform efforts to reduce energy consumption (carbon dioxide equivalent emissions) nationwide. In developing such a program, the Administrator shall--CommentsClose CommentsPermalink





(1) consider the results of the study conducted under subsection (a);CommentsClose CommentsPermalink





(2) consider existing and planned programs and proposals and measurement standards (including the Publicly Available Specification 2050, standards to be developed by the World Resource Institute/World Business Council for Sustainable Development, the International Standards Organization, and the bill AB19 pending in the California legislature);CommentsClose CommentsPermalink





(3) consider the compatibility of a national product carbon disclosure program with existing programs;CommentsClose CommentsPermalink





(4) utilize incentives and other means to spur the adoption of product carbon disclosure and product carbon labeling;CommentsClose CommentsPermalink





(5) develop protocols and parameters for a product carbon disclosure program, including a methodology and formula for assessing, verifying, and potentially labeling a product’s greenhouse gas content, and for data quality requirements to allow for product comparison;CommentsClose CommentsPermalink





(6) create a means to--CommentsClose CommentsPermalink





(A) document best practices;CommentsClose CommentsPermalink





(B) ensure clarity and consistency;CommentsClose CommentsPermalink





(C) work with suppliers, manufacturers, and retailers to encourage participation;CommentsClose CommentsPermalink





(D) ensure that protocols are consistent and comparable across like products; andCommentsClose CommentsPermalink





(E) evaluate the effectiveness of the program;CommentsClose CommentsPermalink





(7) make publicly available information on product carbon content to ensure transparency;CommentsClose CommentsPermalink





(8) provide for public outreach, including a consumer education program to increase awareness;CommentsClose CommentsPermalink





(9) develop training and education programs to help businesses learn how to measure and communicate their carbon footprint and easy tools and templates for businesses to use to reduce cost and time to measure their products’ carbon lifecycle;CommentsClose CommentsPermalink





(10) consult with the Secretary of Energy, the Secretary of Commerce, the Federal Trade Commission, and other Federal agencies, as necessary;CommentsClose CommentsPermalink





(11) gather input from stakeholders through consultations, public workshops or hearings with representatives of consumer product manufacturers, consumer groups, and environmental groups;CommentsClose CommentsPermalink





(12) utilize systems for verification and product certification that will ensure that claims manufacturers make about their products are valid;CommentsClose CommentsPermalink





(13) create a process for reviewing the accuracy of product carbon label information and protecting the product carbon label in the case of a change in the product’s energy source, supply chain, ingredients, or other factors, and specify the frequency to which data should be updated; andCommentsClose CommentsPermalink





(14) develop a standardized, easily understandable carbon label, if appropriate, and create a process for responding to inaccuracies and misuses of such a label.CommentsClose CommentsPermalink





(c) Report to Congress- Not later than 5 years after the program is established pursuant to subsection (b), the Administrator shall report to Congress on the effectiveness and impact of the program, the level of voluntary participation, and any recommendations for additional measures.CommentsClose CommentsPermalink





(d) Definitions- As used in this Act--CommentsClose CommentsPermalink





(1) the term ‘carbon content’ means the amount of greenhouse gas emissions and their warming impact on the atmosphere expressed in carbon dioxide equivalent associated with a product’s value chain;CommentsClose CommentsPermalink





(2) the term ‘carbon footprint’ means the level of greenhouse gas emissions produced by a particular activity, service, or entity; andCommentsClose CommentsPermalink





(3) the term ‘carbon lifecycle’ means the greenhouse gas emissions that are released as part of the processes of creating, producing, processing or manufacturing, modifying, transporting, distributing, storing, using, recycling, or disposing of goods and services.CommentsClose CommentsPermalink





(e) Authorization of Appropriations- There is authorized to be appropriated to the Administrator $5,000,000 for the study required by subsection (a) and $25,000,000 for each of fiscal years 2010 through 2025 for the program required under subsection (b).CommentsClose CommentsPermalink