U.S. Congress - Text of S.1733 as Introduced in Senate Clean Energy Jobs and American Power Act
S.1733 - Clean Energy Jobs and American Power Act
A bill to create clean energy jobs, promote energy independence, reduce global warming pollution, and transition to a clean energy economy.
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S 1733 ISCommentsClose CommentsPermalink
111th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
S. 1733CommentsClose CommentsPermalink
To create clean energy jobs, promote energy independence, reduce global warming pollution, and transition to a clean energy economy.CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
September 30, 2009CommentsClose CommentsPermalink
Mr. KERRY (for himself and Mrs. BOXER) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To create clean energy jobs, promote energy independence, reduce global warming pollution, and transition to a clean energy economy.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 ‘Clean Energy Jobs and American Power Act’.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
Sec. 3. Economy-wide emission reduction goals.CommentsClose CommentsPermalink
Sec. 4. Definitions.CommentsClose CommentsPermalink
DIVISION A--AUTHORIZATIONS FOR POLLUTION REDUCTION, TRANSITION, AND ADAPTATION
Sec. 101. Structure of Act.CommentsClose CommentsPermalink
TITLE I--GREENHOUSE GAS REDUCTION PROGRAMS
Subtitle A--Clean Transportation
Sec. 111. Emission standards.CommentsClose CommentsPermalink
‘PART B--Mobile Sources
‘Sec. 821. Greenhouse gas emission standards for mobile sources.CommentsClose CommentsPermalink
Sec. 112. Greenhouse gas emission reductions through transportation efficiency.CommentsClose CommentsPermalink
‘PART C--Transportation Emissions
‘Sec. 831. Greenhouse gas emission reductions through transportation efficiency.CommentsClose CommentsPermalink
Sec. 113. Transportation greenhouse gas emission reduction program grants.CommentsClose CommentsPermalink
‘Sec. 832. Transportation greenhouse gas emission reduction program grants.CommentsClose CommentsPermalink
Sec. 114. SmartWay transportation efficiency program.CommentsClose CommentsPermalink
‘Sec. 822. SmartWay transportation efficiency program.CommentsClose CommentsPermalink
Subtitle B--Carbon Capture and Sequestration
Sec. 121. National strategy.CommentsClose CommentsPermalink
Sec. 122. Regulations for geological sequestration sites.CommentsClose CommentsPermalink
‘Sec. 813. Geological storage sites.CommentsClose CommentsPermalink
Sec. 123. Studies and reports.CommentsClose CommentsPermalink
Sec. 124. Performance standards for coal-fueled power plants.CommentsClose CommentsPermalink
‘Sec. 812. Performance standards for new coal-fired power plants.CommentsClose CommentsPermalink
Sec. 125. Carbon capture and sequestration demonstration and early deployment program.CommentsClose CommentsPermalink
Subtitle C--Nuclear and Advanced Technologies
Sec. 131. Findings and policy.CommentsClose CommentsPermalink
Sec. 132. Nuclear worker training.CommentsClose CommentsPermalink
Sec. 133. Nuclear safety and waste management programs.CommentsClose CommentsPermalink
Subtitle D--Water Efficiency
Sec. 141. WaterSense.CommentsClose CommentsPermalink
Sec. 142. Federal procurement of water-efficient products.CommentsClose CommentsPermalink
Sec. 143. State residential water efficiency and conservation incentives program.CommentsClose CommentsPermalink
Subtitle E--Miscellaneous
Sec. 151. Office of Consumer Advocacy.CommentsClose CommentsPermalink
Sec. 152. Clean technology business competition grant program.CommentsClose CommentsPermalink
Sec. 153. Product carbon disclosure program.CommentsClose CommentsPermalink
Sec. 154. State recycling programs.CommentsClose CommentsPermalink
Sec. 155. Supplemental agriculture and forestry greenhouse gas reduction and renewable energy program.CommentsClose CommentsPermalink
Sec. 156. Economic Development Climate Change Fund.CommentsClose CommentsPermalink
‘Sec. 219. Economic Development Climate Change Fund.CommentsClose CommentsPermalink
Sec. 157. Study of risk-based programs addressing vulnerable areas.CommentsClose CommentsPermalink
Subtitle F--Energy Efficiency and Renewable Energy
Sec. 161. Renewable energy.CommentsClose CommentsPermalink
Sec. 162. Advanced biofuels.CommentsClose CommentsPermalink
Sec. 163. Energy efficiency in building codes.CommentsClose CommentsPermalink
Sec. 164. Retrofit for energy and environmental performance.CommentsClose CommentsPermalink
Subtitle G--Emission Reductions From Public Transportation Vehicles
Sec. 171. Short title.CommentsClose CommentsPermalink
Sec. 172. State fuel economy regulation for taxicabs.CommentsClose CommentsPermalink
Sec. 173. State regulation of motor vehicle emissions for taxicabs.CommentsClose CommentsPermalink
Subtitle H--Clean Energy and Natural Gas
Sec. 181. Clean Energy and Accelerated Emission Reduction Program.CommentsClose CommentsPermalink
Sec. 182. Advanced natural gas technologies.CommentsClose CommentsPermalink
TITLE II--RESEARCH
Subtitle A--Energy Research
Sec. 201. Advanced energy research.CommentsClose CommentsPermalink
Subtitle B--Drinking Water Adaptation, Technology, Education, and Research
Sec. 211. Effects of climate change on drinking water utilities.CommentsClose CommentsPermalink
TITLE III--TRANSITION AND ADAPTATION
Subtitle A--Green Jobs and Worker Transition
PART 1--Green Jobs
Sec. 301. Clean energy curriculum development grants.CommentsClose CommentsPermalink
Sec. 302. Development of Information and Resources clearinghouse for vocational education and job training in renewable energy sectors.CommentsClose CommentsPermalink
Sec. 303. Green construction careers demonstration project.CommentsClose CommentsPermalink
PART 2--Climate Change Worker Adjustment Assistance
Sec. 311. Petitions, eligibility requirements, and determinations.CommentsClose CommentsPermalink
Sec. 312. Program benefits.CommentsClose CommentsPermalink
Sec. 313. General provisions.CommentsClose CommentsPermalink
Subtitle B--International Climate Change Programs
Sec. 321. Strategic Interagency Board on International Climate Investment.CommentsClose CommentsPermalink
Sec. 322. Emission reductions from reduced deforestation.CommentsClose CommentsPermalink
‘PART E--Supplemental Emission Reductions
‘Sec. 751. Definitions.CommentsClose CommentsPermalink
‘Sec. 752. Purposes.CommentsClose CommentsPermalink
‘Sec. 753. Emission reductions from reduced deforestation.CommentsClose CommentsPermalink
Sec. 323. International Clean Energy Deployment Program.CommentsClose CommentsPermalink
Sec. 324. International climate change adaptation and global security program.CommentsClose CommentsPermalink
Sec. 325. Evaluation and reports.CommentsClose CommentsPermalink
Sec. 326. Report on climate actions of major economies.CommentsClose CommentsPermalink
Subtitle C--Adapting to Climate Change
PART 1--Domestic Adaptation
subpart a--national climate change adaptation program
Sec. 341. National Climate Change Adaptation Program.CommentsClose CommentsPermalink
Sec. 342. Climate services.CommentsClose CommentsPermalink
subpart b--public health and climate change
Sec. 351. Sense of Congress on public health and climate change.CommentsClose CommentsPermalink
Sec. 352. Relationship to other laws.CommentsClose CommentsPermalink
Sec. 353. National strategic action plan.CommentsClose CommentsPermalink
Sec. 354. Advisory board.CommentsClose CommentsPermalink
Sec. 355. Reports.CommentsClose CommentsPermalink
Sec. 356. Definitions.CommentsClose CommentsPermalink
subpart c--climate change safeguards for natural resources conservation
Sec. 361. Purposes.CommentsClose CommentsPermalink
Sec. 362. Natural resources climate change adaptation policy.CommentsClose CommentsPermalink
Sec. 363. Definitions.CommentsClose CommentsPermalink
Sec. 364. Council on Environmental Quality.CommentsClose CommentsPermalink
Sec. 365. Natural Resources Climate Change Adaptation Panel.CommentsClose CommentsPermalink
Sec. 366. Natural Resources Climate Change Adaptation Strategy.CommentsClose CommentsPermalink
Sec. 367. Natural resources adaptation science and information.CommentsClose CommentsPermalink
Sec. 368. Federal natural resource agency adaptation plans.CommentsClose CommentsPermalink
Sec. 369. State natural resources adaptation plans.CommentsClose CommentsPermalink
Sec. 370. Natural Resources Climate Change Adaptation Account.CommentsClose CommentsPermalink
Sec. 371. National Fish and Wildlife Habitat and Corridors Information Program.CommentsClose CommentsPermalink
Sec. 372. Additional provisions regarding Indian tribes.CommentsClose CommentsPermalink
subpart d--additional climate change adaptation programs
Sec. 381. Water system mitigation and adaption partnerships.CommentsClose CommentsPermalink
Sec. 382. Flood control, protection, prevention, and response.CommentsClose CommentsPermalink
Sec. 383. Wildfire.CommentsClose CommentsPermalink
Sec. 384. Coastal and Great Lakes State adaptation program.CommentsClose CommentsPermalink
DIVISION B--POLLUTION REDUCTION AND INVESTMENT
TITLE I--REDUCING GLOBAL WARMING POLLUTION
Subtitle A--Reducing Global Warming Pollution
Sec. 101. Reducing global warming pollution.CommentsClose CommentsPermalink
‘TITLE VII--GLOBAL WARMING POLLUTION REDUCTION AND INVESTMENT PROGRAM
‘PART A--Global Warming Pollution Reduction Goals and Targets
‘Sec. 701. Findings.CommentsClose CommentsPermalink
‘Sec. 702. Economy-wide reduction goals.CommentsClose CommentsPermalink
‘Sec. 703. Reduction targets for specified sources.CommentsClose CommentsPermalink
‘Sec. 704. Supplemental pollution reductions.CommentsClose CommentsPermalink
‘Sec. 705. Review and program recommendations.CommentsClose CommentsPermalink
‘Sec. 706. National Academy review.CommentsClose CommentsPermalink
‘Sec. 707. Presidential response and recommendations.CommentsClose CommentsPermalink
‘PART B--Designation and Registration of Greenhouse Gases
‘Sec. 711. Designation of greenhouse gases.CommentsClose CommentsPermalink
‘Sec. 712. Carbon dioxide equivalent value of greenhouse gases.CommentsClose CommentsPermalink
‘Sec. 713. Greenhouse gas registry.CommentsClose CommentsPermalink
‘Sec. 714. Perfluorocarbon regulation.CommentsClose CommentsPermalink
‘PART C--Program Rules
‘Sec. 721. Emission allowances.CommentsClose CommentsPermalink
‘Sec. 722. Prohibition of excess emissions.CommentsClose CommentsPermalink
‘Sec. 723. Penalty for noncompliance.CommentsClose CommentsPermalink
‘Sec. 724. Trading.CommentsClose CommentsPermalink
‘Sec. 725. Banking and borrowing.CommentsClose CommentsPermalink
‘Sec. 726. Market Stability Reserve.CommentsClose CommentsPermalink
‘Sec. 727. Permits.CommentsClose CommentsPermalink
‘Sec. 728. International emission allowances.CommentsClose CommentsPermalink
‘PART D--Offsets
‘Sec. 731. Offsets Integrity Advisory Board.CommentsClose CommentsPermalink
‘Sec. 732. Establishment of offsets program.CommentsClose CommentsPermalink
‘Sec. 733. Eligible project types.CommentsClose CommentsPermalink
‘Sec. 734. Requirements for offset projects.CommentsClose CommentsPermalink
‘Sec. 735. Approval of offset projects.CommentsClose CommentsPermalink
‘Sec. 736. Verification of offset projects.CommentsClose CommentsPermalink
‘Sec. 737. Issuance of offset credits.CommentsClose CommentsPermalink
‘Sec. 738. Audits.CommentsClose CommentsPermalink
‘Sec. 739. Program review and revision.CommentsClose CommentsPermalink
‘Sec. 740. Early offset supply.CommentsClose CommentsPermalink
‘Sec. 741. Environmental considerations.CommentsClose CommentsPermalink
‘Sec. 742. Trading.CommentsClose CommentsPermalink
‘Sec. 743. Office of Offsets Integrity.CommentsClose CommentsPermalink
‘Sec. 744. International offset credits.CommentsClose CommentsPermalink
Sec. 102. Definitions.CommentsClose CommentsPermalink
‘Sec. 700. Definitions.CommentsClose CommentsPermalink
Sec. 103. Offset reporting requirements.CommentsClose CommentsPermalink
Subtitle B--Disposition of Allowances
Sec. 111. Disposition of allowances for global warming pollution reduction program.CommentsClose CommentsPermalink
‘PART H--Disposition of Allowances
‘Sec. 771. Allocation of emission allowances.CommentsClose CommentsPermalink
‘Sec. 772. Electricity consumers.CommentsClose CommentsPermalink
‘Sec. 773. Natural gas consumers.CommentsClose CommentsPermalink
‘Sec. 774. Home heating oil and propane consumers.CommentsClose CommentsPermalink
‘Sec. 775. Domestic fuel production.CommentsClose CommentsPermalink
‘Sec. 776. Consumer protection.CommentsClose CommentsPermalink
‘Sec. 777. Exchange for State-issued allowances.CommentsClose CommentsPermalink
‘Sec. 778. Auction procedures.CommentsClose CommentsPermalink
‘Sec. 779. Auctioning allowances for other entities.CommentsClose CommentsPermalink
‘Sec. 780. Commercial deployment of carbon capture and sequestration technologies.CommentsClose CommentsPermalink
‘Sec. 781. Oversight of allocations.CommentsClose CommentsPermalink
‘Sec. 782. Early action recognition.CommentsClose CommentsPermalink
‘Sec. 783. Establishment of Deficit Reduction Fund.CommentsClose CommentsPermalink
Subtitle C--Additional Greenhouse Gas Standards
Sec. 121. Greenhouse gas standards.CommentsClose CommentsPermalink
‘TITLE VIII--ADDITIONAL GREENHOUSE GAS STANDARDS
‘Sec. 801. Definitions.CommentsClose CommentsPermalink
‘PART A--Stationary Source Standards
‘Sec. 811. Standards of performance.CommentsClose CommentsPermalink
Sec. 122. HFC regulation.CommentsClose CommentsPermalink
‘Sec. 619. Hydrofluorocarbons (HFCs).CommentsClose CommentsPermalink
Sec. 123. Black carbon.CommentsClose CommentsPermalink
‘PART E--Black Carbon
‘Sec. 851. Black carbon.CommentsClose CommentsPermalink
Sec. 124. States.CommentsClose CommentsPermalink
Sec. 125. State programs.CommentsClose CommentsPermalink
‘PART F--Miscellaneous
‘Sec. 861. State programs.CommentsClose CommentsPermalink
‘Sec. 862. Grants for support of air pollution control programs.CommentsClose CommentsPermalink
Sec. 126. Enforcement.CommentsClose CommentsPermalink
Sec. 127. Conforming amendments.CommentsClose CommentsPermalink
Sec. 128. Davis-Bacon compliance.CommentsClose CommentsPermalink
Subtitle D--Carbon Market Assurance
Sec. 131. Carbon market assurance.CommentsClose CommentsPermalink
Subtitle E--Ensuring Real Reductions in Industrial Emissions
Sec. 141. Ensuring real reductions in industrial emissions.CommentsClose CommentsPermalink
‘PART F--Ensuring Real Reductions in Industrial Emissions
‘Sec. 761. Purposes.CommentsClose CommentsPermalink
‘Sec. 762. Definitions.CommentsClose CommentsPermalink
‘Sec. 763. Eligible industrial sectors.CommentsClose CommentsPermalink
‘Sec. 764. Distribution of emission allowance rebates.CommentsClose CommentsPermalink
‘Sec. 765. International trade.CommentsClose CommentsPermalink
TITLE II--PROGRAM ALLOCATIONS
Sec. 201. Investment in clean vehicle technology.CommentsClose CommentsPermalink
Sec. 202. State and local investment in energy efficiency and renewable energy.CommentsClose CommentsPermalink
Sec. 203. Energy efficiency in building codes.CommentsClose CommentsPermalink
Sec. 204. Building retrofit program.CommentsClose CommentsPermalink
Sec. 205. Energy Innovation Hubs.CommentsClose CommentsPermalink
Sec. 206. ARPA-E research.CommentsClose CommentsPermalink
Sec. 207. International clean energy deployment program.CommentsClose CommentsPermalink
Sec. 208. International climate change adaptation and global security.CommentsClose CommentsPermalink
Sec. 209. Energy efficiency and renewable energy worker training.CommentsClose CommentsPermalink
Sec. 210. Worker transition.CommentsClose CommentsPermalink
Sec. 211. State programs for greenhouse gas reduction and climate adaptation.CommentsClose CommentsPermalink
Sec. 212. Climate Change Health Protection and Promotion Fund.CommentsClose CommentsPermalink
Sec. 213. Climate change safeguards for natural resources conservation.CommentsClose CommentsPermalink
Sec. 214. Nuclear worker training.CommentsClose CommentsPermalink
Sec. 215. Supplemental agriculture, renewable energy, and forestry.CommentsClose CommentsPermalink
SEC. 2. FINDINGS.
Congress finds that--CommentsClose CommentsPermalink
(1) the United States can take back control of the energy future of the United States, strengthen economic competitiveness, safeguard the health of families and the environment, and ensure the national security, of the United States by increasing energy independence;CommentsClose CommentsPermalink
(2) creating a clean energy future requires a comprehensive approach that includes support for the improvement of all energy sources, including coal, natural gas, nuclear power, and renewable generation;CommentsClose CommentsPermalink
(3) efficiency in the energy sector also represents a critical avenue to reduce energy consumption and carbon pollution, and those benefits can be captured while generating additional savings for consumers;CommentsClose CommentsPermalink
(4) substantially increasing the investment in the clean energy future of the United States will provide economic opportunities to millions of people in the United States and drive future economic growth in this country;CommentsClose CommentsPermalink
(5) the United States is responsible for many of the initial scientific advances in clean energy technology, but, as of September 2009, the United States has only 5 of the top 30 leading companies in solar, wind, and advanced battery technology;CommentsClose CommentsPermalink
(6) investment in the clean energy sector will allow companies in the United States to retake a leadership position, and the jobs created by those investments will significantly accelerate growth in domestic manufacturing;CommentsClose CommentsPermalink
(7) those opportunities also will result in substantial employment gains in construction, a sector in which the median hourly wage is 17 percent higher than the national median;CommentsClose CommentsPermalink
(8) those jobs are distributed throughout the United States, and the highest clean energy economy employment growth rates in the last 10 years were in the States of Idaho, Nebraska, South Dakota, Oregon, and New Mexico;CommentsClose CommentsPermalink
(9) focusing on clean energy will dramatically reduce pollution and significantly improve the health of families in and the environment of the United States;CommentsClose CommentsPermalink
(10) moving to a low-carbon economy must protect the most vulnerable populations in the United States, including low-income families that are particularly affected by volatility in energy prices;CommentsClose CommentsPermalink
(11) if unchecked, the impact of climate change will include widespread effects on health and welfare, including--CommentsClose CommentsPermalink
(A) increased outbreaks from waterborne diseases;CommentsClose CommentsPermalink
(B) more droughts;CommentsClose CommentsPermalink
(C) diminished agricultural production;CommentsClose CommentsPermalink
(D) severe storms and floods;CommentsClose CommentsPermalink
(E) heat waves;CommentsClose CommentsPermalink
(F) wildfires; andCommentsClose CommentsPermalink
(G) a substantial rise in sea levels, due in part to--CommentsClose CommentsPermalink
(i) melting mountain glaciers;CommentsClose CommentsPermalink
(ii) shrinking sea ice; andCommentsClose CommentsPermalink
(iii) thawing permafrost;CommentsClose CommentsPermalink
(12) the most recent science indicates that the changes described in paragraph (11)(G) are occurring faster and with greater intensity than expected;CommentsClose CommentsPermalink
(13) military officials, including retired admirals and generals, concur with the intelligence community that climate change acts as a threat multiplier for instability and presents significant national security challenges for the United States;CommentsClose CommentsPermalink
(14) massive portions of the infrastructure of the United States, including critical military infrastructure, are at risk from the effects of climate change;CommentsClose CommentsPermalink
(15) impacts are already being felt in local communities within the United States as well as by at-risk populations abroad;CommentsClose CommentsPermalink
(16) the Declaration of the Leaders from the Major Economies Forum on Energy and Climate, representing 17 of the largest economies in the world, recognizes the need to limit the increase in global average temperatures to within 2 degrees Centigrade, as a necessary step to prevent the catastrophic consequences of climate change; andCommentsClose CommentsPermalink
(17) the United States should lead the global community in combating the threat of global climate change and reaching a robust international agreement to address global warming under the United Nations Framework Convention on Climate Change, done at New York on May 9, 1992 (or a successor agreement).CommentsClose CommentsPermalink
SEC. 3. ECONOMY-WIDE EMISSION REDUCTION GOALS.
The goals of this Act and the amendments made by this Act are to reduce steadily the quantity of United States greenhouse gas emissions such that--CommentsClose CommentsPermalink
(1) in 2012, the quantity of United States greenhouse gas emissions does not exceed 97 percent of the quantity of United States greenhouse gas emissions in 2005;CommentsClose CommentsPermalink
(2) in 2020, the quantity of United States greenhouse gas emissions does not exceed 80 percent of the quantity of United States greenhouse gas emissions in 2005;CommentsClose CommentsPermalink
(3) in 2030, the quantity of United States greenhouse gas emissions does not exceed 58 percent of the quantity of United States greenhouse gas emissions in 2005; andCommentsClose CommentsPermalink
(4) in 2050, the quantity of United States greenhouse gas emissions does not exceed 17 percent of the quantity of United States greenhouse gas emissions in 2005.CommentsClose CommentsPermalink
SEC. 4. DEFINITIONS.
In this Act:CommentsClose CommentsPermalink
(1) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Environmental Protection Agency.CommentsClose CommentsPermalink
(2) INDIAN TRIBE- The term ‘Indian tribe’ has the meaning given the term in section 302 of the Clean Air Act (
(3) STATE- The term ‘State’ has the meaning given that term in section 302 of the Clean Air Act (
DIVISION A--AUTHORIZATIONS FOR POLLUTION REDUCTION, TRANSITION, AND ADAPTATIONCommentsClose CommentsPermalink
SEC. 101. STRUCTURE OF ACT.
(a) Authorized and Allocated Programs- The following programs authorized under this division are eligible to receive an allocation under title VII of the Clean Air Act:CommentsClose CommentsPermalink
(1) The program for greenhouse gas emission reductions through transportation efficiency under part C of title VIII the Clean Air Act (as added by sections 112 and 113 of this division).CommentsClose CommentsPermalink
(2) The program for nuclear worker training under section 132 of this division and 214 of division B.CommentsClose CommentsPermalink
(3) State recycling programs under section 154 of this division and section 211 of division B.CommentsClose CommentsPermalink
(4) The supplemental agriculture and forestry greenhouse gas reduction and renewable energy program under section 155 of this division and section 215 of division B.CommentsClose CommentsPermalink
(5) The program for energy efficiency in building codes under section 163 of this division and section 203 of division B.CommentsClose CommentsPermalink
(6) The program for retrofit for energy and environmental performance under section 164 of this division and section 204 of division B.CommentsClose CommentsPermalink
(7) The program for worker transition under part 2 of subtitle A of title III of this division and section 210 of division B.CommentsClose CommentsPermalink
(8) The program for public health and climate change under subpart B of part 1 of subtitle C of title III of this division and section 212 of division B.CommentsClose CommentsPermalink
(9) The program for climate change safeguards for natural resources conservation under subpart C of part 1 of subtitle C of title III of this division and section 213 of division B.CommentsClose CommentsPermalink
(10) The program for emission reductions from reduced deforestation under section 753 of the Clean Air Act (as added by section 322 of this division) and section 771(d) of the Clean Air Act (as added by section 111 of division B).CommentsClose CommentsPermalink
(11) The International Clean Energy Deployment Program under section 323 of this division and section 207 of division B.CommentsClose CommentsPermalink
(12) The international climate change adaptation and global security program under 324 of this division and section 208 of division B.CommentsClose CommentsPermalink
(13) The program for water system mitigation and adaptation partnerships under section 381 of this division and section 211 of division B.CommentsClose CommentsPermalink
(14) The program for flood control, protection, prevention, and response under section 382 of this division and section 211 of division B.CommentsClose CommentsPermalink
(15) The program for wildfire under section 383 of this division and section 211 of division B.CommentsClose CommentsPermalink
(16) The Coastal and Great Lakes State Adaptation Program under section 384 of this division and section 211 of division B.CommentsClose CommentsPermalink
(b) Allocated Programs- The following allocations are provided under title VII of the Clean Air Act:CommentsClose CommentsPermalink
(1) The Market Stability Reserve Fund under section 726 of the Clean Air Act (as added by section 101 of division B).CommentsClose CommentsPermalink
(2) The program to ensure real reductions in industrial emissions under part F of title VII of the Clean Air Act (as added by section 141 of division B).CommentsClose CommentsPermalink
(3) The program for electricity consumers pursuant to section 772 of the Clean Air Act (as added by section 111 of division B).CommentsClose CommentsPermalink
(4) The program for natural gas consumers pursuant to section 773 of the Clean Air Act (as added by section 111 of division B).CommentsClose CommentsPermalink
(5) The program for home heating oil and propane consumers pursuant to section 774 of the Clean Air Act (as added by section 111 of division B).CommentsClose CommentsPermalink
(6) The program for domestic fuel production, including petroleum refiners and small business refiners, under section 775 of the Clean Air Act (as added by section 111 of division B).CommentsClose CommentsPermalink
(7) The program for climate change consumer refunds and low- and moderate-income consumers pursuant to section 776 of the Clean Air Act (as added by section 111 of division B), including--CommentsClose CommentsPermalink
(A) consumer rebates under section 776(a) of the Clean Air Act (as so added); andCommentsClose CommentsPermalink
(B) energy refunds under section 776(b) of the Clean Air Act (as so added).CommentsClose CommentsPermalink
(8) The program for commercial deployment of carbon capture and storage technology under section 780 of the Clean Air Act (as added by section 111 of division B).CommentsClose CommentsPermalink
(9) The program for early action recognition pursuant to section 782 of the Clean Air Act (as added by section 111 of division B).CommentsClose CommentsPermalink
(10) The program for investment in clean vehicle technology under section 201 of division B.CommentsClose CommentsPermalink
(11) The program for State and local investment in energy efficiency and renewable energy under section 202 of division B.CommentsClose CommentsPermalink
(12) The program for Energy Innovation Hubs pursuant to section 205 of division B.CommentsClose CommentsPermalink
(13) The program for ARPA-E research pursuant to section 206 of division B.CommentsClose CommentsPermalink
(14) The program for energy efficiency and renewable energy worker training under section 209 of division B.CommentsClose CommentsPermalink
(15) The State programs for greenhouse gas reduction and climate adaptation pursuant to section 211 of division B.CommentsClose CommentsPermalink
(c) Nonallocated Programs- The following programs are authorized under this division:CommentsClose CommentsPermalink
(1) The SmartWay Transportation Efficiency Program under section 822 of the Clean Air Act (as added by section 114 of this division).CommentsClose CommentsPermalink
(2) The carbon capture and sequestration demonstration and early deployment program under section 125 of this division.CommentsClose CommentsPermalink
(3) The nuclear safety and waste management programs under section 133 of this division.CommentsClose CommentsPermalink
(4) Water efficiency programs under subtitle D of title I of this division.CommentsClose CommentsPermalink
(5) The Office of Consumer Advocacy under section 151 of this division.CommentsClose CommentsPermalink
(6) The clean technology business competition grant program under section 152 of this division.CommentsClose CommentsPermalink
(7) The product carbon disclosure program under section 153 of this division.CommentsClose CommentsPermalink
(8) The Economic Development Climate Change Fund under section 219 of the Public Works and Economic Development Act of 1965 (as added by section 156 of this division).CommentsClose CommentsPermalink
(9) The program for renewable energy under section 161 of this division.CommentsClose CommentsPermalink
(10) The program for advanced biofuels under section 162 of this division.CommentsClose CommentsPermalink
(11) The program for emission reductions from public transportation vehicles under subtitle G of title I of this division.CommentsClose CommentsPermalink
(12) The Clean Energy and Accelerated Emission Reduction Program under section 181 of this division.CommentsClose CommentsPermalink
(13) The program for advanced natural gas technologies under section 182 of this division.CommentsClose CommentsPermalink
(14) The program for advanced energy research under subtitle A of title II of this division.CommentsClose CommentsPermalink
(15) The program for drinking water adaptation, technology, education, and research under subtitle B of title II of this division.CommentsClose CommentsPermalink
(16) The program for clean energy curriculum development grants under section 301 of this division.CommentsClose CommentsPermalink
(17) The program for Development of Information and Resources clearinghouse for vocational education and job training in renewable energy sectors under section 302 of this division.CommentsClose CommentsPermalink
(18) The green construction careers demonstration project under section 303 of this division.CommentsClose CommentsPermalink
TITLE I--GREENHOUSE GAS REDUCTION PROGRAMSCommentsClose CommentsPermalink
Subtitle A--Clean TransportationCommentsClose CommentsPermalink
SEC. 111. EMISSION STANDARDS.
Title VIII of the Clean Air Act (as added by section 121 of division B) is amended by adding at the end the following:CommentsClose CommentsPermalink
‘PART B--MOBILE SOURCES
‘SEC. 821. GREENHOUSE GAS EMISSION STANDARDS FOR MOBILE SOURCES.
‘(a) New Motor Vehicles and New Motor Vehicle Engines- (1) Pursuant to section 202(a)(1), by December 31, 2010, the Administrator shall promulgate standards applicable to emissions of greenhouse gases from new heavy-duty motor vehicles or new heavy-duty motor vehicle engines, excluding such motor vehicles covered by the Tier II standards (as established by the Administrator as of the date of the enactment of this section). The Administrator may revise these standards from time to time.CommentsClose CommentsPermalink
‘(2) Regulations issued under section 202(a)(1) applicable to emissions of greenhouse gases from new heavy-duty motor vehicles or new heavy-duty motor vehicle engines, excluding such motor vehicles covered by the Tier II standards (as established by the Administrator as of the date of the enactment of this section), shall contain standards that reflect the greatest degree of emissions reduction achievable through the application of technology which the Administrator determines will be available for the model year to which such standards apply, giving appropriate consideration to cost, energy, and safety factors associated with the application of such technology. Any such regulations shall take effect after such period as the Administrator finds necessary to permit the development and application of the requisite technology, and, at a minimum, shall apply for a period no less than 3 model years beginning no earlier than the model year commencing 4 years after such regulations are promulgated.CommentsClose CommentsPermalink
‘(3) Regulations issued under section 202(a)(1) applicable to emissions of greenhouse gases from new heavy-duty motor vehicles or new heavy-duty motor vehicle engines, excluding such motor vehicles covered by the Tier II standards (as established by the Administrator as of the date of the enactment of this section), shall supersede and satisfy any and all of the rulemaking and compliance requirements of
section 32902(k) of title 49, United States Code .CommentsClose CommentsPermalink‘(4) Other than as specifically set forth in paragraph (3) of this subsection, nothing in this section shall affect or otherwise increase or diminish the authority of the Secretary of Transportation to adopt regulations to improve the overall fuel efficiency of the commercial goods movement system.CommentsClose CommentsPermalink
‘(b) Nonroad Vehicles and Engines- (1) Pursuant to section 213(a)(4) and (5), the Administrator shall identify those classes or categories of new nonroad vehicles or engines, or combinations of such classes or categories, that, in the judgment of the Administrator, both contribute significantly to the total emissions of greenhouse gases from nonroad engines and vehicles, and provide the greatest potential for significant and cost-effective reductions in emissions of greenhouse gases. The Administrator shall promulgate standards applicable to emissions of greenhouse gases from these new nonroad engines or vehicles by December 31, 2012. The Administrator shall also promulgate standards applicable to emissions of greenhouse gases for such other classes and categories of new nonroad vehicles and engines as the Administrator determines appropriate and in the timeframe the Administrator determines appropriate. The Administrator shall base such determination, among other factors, on the relative contribution of greenhouse gas emissions, and the costs for achieving reductions, from such classes or categories of new nonroad engines and vehicles. The Administrator may revise these standards from time to time.CommentsClose CommentsPermalink
‘(2) Standards under section 213(a)(4) and (5) applicable to emissions of greenhouse gases from those classes or categories of new nonroad engines or vehicles identified in the first sentence of paragraph (1) of this subsection, shall achieve the greatest degree of emissions reduction achievable based on the application of technology which the Administrator determines will be available at the time such standards take effect, taking into consideration cost, energy, and safety factors associated with the application of such technology. Any such regulations shall take effect at the earliest possible date after such period as the Administrator finds necessary to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compliance within such period, the applicable compliance dates for other standards, and other appropriate factors, including the period of time appropriate for the transfer of applicable technology from other applications, including motor vehicles, and the period of time in which previously promulgated regulations have been in effect.CommentsClose CommentsPermalink
‘(3) For purposes of this section and standards under section 213(a)(4) or (5) applicable to emissions of greenhouse gases, the term ‘nonroad engines and vehicles’ shall include non-internal combustion engines and the vehicles these engines power (such as electric engines and electric vehicles), for those non-internal combustion engines and vehicles which would be in the same category and have the same uses as nonroad engines and vehicles that are powered by internal combustion engines.CommentsClose CommentsPermalink
‘(c) Averaging, Banking, and Trading of Emissions Credits- In establishing standards applicable to emissions of greenhouse gases pursuant to this section and sections 202(a), 213(a)(4) and (5), and 231(a), the Administrator may establish provisions for averaging, banking, and trading of greenhouse gas emissions credits within or across classes or categories of motor vehicles and motor vehicle engines, nonroad vehicles and engines (including marine vessels), and aircraft and aircraft engines, to the extent the Administrator determines appropriate and considering the factors appropriate in setting standards under those sections. Such provisions may include reasonable and appropriate provisions concerning generation, banking, trading, duration, and use of credits.CommentsClose CommentsPermalink
‘(d) Reports- The Administrator shall, from time to time, submit a report to Congress that projects the amount of greenhouse gas emissions from the transportation sector, including transportation fuels, for the years 2030 and 2050, based on the standards adopted under this section.CommentsClose CommentsPermalink
‘(e) Greenhouse Gases- Notwithstanding the provisions of section 711, hydrofluorocarbons shall be considered a greenhouse gas for purposes of this section.’.CommentsClose CommentsPermalink
SEC. 112. GREENHOUSE GAS EMISSION REDUCTIONS THROUGH TRANSPORTATION EFFICIENCY.
(a) Environmental Protection Agency- Title VIII of the Clean Air Act (as amended by section 111 of this division) is amended by adding at the end the following:CommentsClose CommentsPermalink
‘PART C--TRANSPORTATION EMISSIONS
‘SEC. 831. GREENHOUSE GAS EMISSION REDUCTIONS THROUGH TRANSPORTATION EFFICIENCY.
‘(a) In General- The Administrator, in consultation with the Secretary of Transportation (referred to in this part as the ‘Secretary’), shall promulgate, and update from time to time, regulations to establish--CommentsClose CommentsPermalink
‘(1) national transportation-related greenhouse gas emission reduction goals that are commensurate with the emission reduction goals established under the Clean Energy Jobs and American Power Act and amendments made by that Act;CommentsClose CommentsPermalink
‘(2) standardized emission models and related methods, to be used by States, metropolitan planning organizations, and air quality agencies to address emission reduction goals, including--CommentsClose CommentsPermalink
‘(A) the development of surface transportation-related greenhouse gas emission reduction targets pursuant to sections 134 and 135 of title 23, and sections 5303 and 5304 of title 49, United States Code;CommentsClose CommentsPermalink
‘(B) the assessment of projected surface transportation-related greenhouse gas emissions from transportation strategies;CommentsClose CommentsPermalink
‘(C) the assessment of projected surface transportation-related greenhouse gas emissions from State and regional transportation plans;CommentsClose CommentsPermalink
‘(D) the establishment of surface transportation-related greenhouse gas emission baselines at a national, State, and regional level; andCommentsClose CommentsPermalink
‘(E) the measurement and assessment of actual surface transportation-related emissions to assess progress toward achievement of emission targets at the State and regional level;CommentsClose CommentsPermalink
‘(3) methods for collection of data on transportation-related greenhouse gas emissions; andCommentsClose CommentsPermalink
‘(4) publication and distribution of successful strategies employed by States, metropolitan planning organizations, and other entities to reduce transportation-related greenhouse gas emissions.CommentsClose CommentsPermalink
‘(b) Role of Department of Transportation- The Secretary, in consultation with the Administrator, shall promulgate, and update from time to time, regulations--CommentsClose CommentsPermalink
‘(1) to improve the ability of transportation planning models and tools, including travel demand models, to address greenhouse gas emissions;CommentsClose CommentsPermalink
‘(2) to assess projected surface transportation-related travel activity and transportation strategies from State and regional transportation plans; andCommentsClose CommentsPermalink
‘(3) to update transportation planning requirements and approval of transportation plans as necessary to carry out this section.CommentsClose CommentsPermalink
‘(c) Consultation and Models- In promulgating the regulations, the Administrator and the Secretary--CommentsClose CommentsPermalink
‘(1) shall consult with States, metropolitan planning organizations, and air quality agencies;CommentsClose CommentsPermalink
‘(2) may use existing models and methodologies if the models and methodologies are widely considered to reflect the best practicable modeling or methodological approach for assessing actual and projected transportation-related greenhouse gas emissions from transportation plans and projects; andCommentsClose CommentsPermalink
‘(3) shall consider previously developed plans that were based on models and methodologies for reducing greenhouse gas emissions in applying those regulations to the first approvals after promulgation.CommentsClose CommentsPermalink
‘(d) Timing- The Administrator and the Secretary shall--CommentsClose CommentsPermalink
‘(1) publish proposed regulations under subsections (a) and (b) not later than 1 year after the date of enactment of this section; andCommentsClose CommentsPermalink
‘(2) promulgate final regulations under subsections (a) and (b) not later than 18 months after the date of enactment of this section.CommentsClose CommentsPermalink
‘(e) Assessment-CommentsClose CommentsPermalink
‘(1) IN GENERAL- At least every 6 years after promulgating final regulations under subsections (a) and (b), the Administrator and the Secretary shall jointly assess current and projected progress in reducing national transportation-related greenhouse gas emissions.CommentsClose CommentsPermalink
‘(2) REQUIREMENTS- The assessment shall examine the contributions to emission reductions attributable to--CommentsClose CommentsPermalink
‘(A) improvements in vehicle efficiency;CommentsClose CommentsPermalink
‘(B) greenhouse gas performance of transportation fuels;CommentsClose CommentsPermalink
‘(C) reductions in vehicle miles traveled;CommentsClose CommentsPermalink
‘(D) changes in consumer demand and use of transportation management systems; andCommentsClose CommentsPermalink
‘(E) any other greenhouse gas-related transportation policies enacted by Congress.CommentsClose CommentsPermalink
‘(3) RESULTS OF ASSESSMENT- The Secretary and the Administrator shall consider--CommentsClose CommentsPermalink
‘(A) the results of the assessment conducted under this subsection; andCommentsClose CommentsPermalink
‘(B) based on those results, whether technical or other updates to regulations required under this section and sections 134 and 135 of title 23, and sections 5303 and 5304 of title 49, United States Code, are necessary.’.CommentsClose CommentsPermalink
(b) Metropolitan Planning Organizations-CommentsClose CommentsPermalink
(1) TITLE 23-
Section 134 of title 23, United States Code , is amended--CommentsClose CommentsPermalink
(A) in subsection (a)(1)--CommentsClose CommentsPermalink
(i) by striking ‘minimizing’ and inserting ‘reducing’; andCommentsClose CommentsPermalink
(ii) by inserting ‘, reliance on oil, impacts on the environment, transportation-related greenhouse gas emissions,’ after ‘consumption’;CommentsClose CommentsPermalink
(B) in subsection (h)(1)(E)--CommentsClose CommentsPermalink
(i) by inserting ‘sustainability, and livability, reduce surface transportation-related greenhouse gas emissions and reliance on oil, adapt to the effects of climate change,’ after ‘energy conservation,’;CommentsClose CommentsPermalink
(ii) by inserting ‘and public health’ after ‘quality of life’; andCommentsClose CommentsPermalink
(iii) by inserting ‘, including housing and land use patterns’ after ‘development patterns’;CommentsClose CommentsPermalink
(C) in subsection (i)--CommentsClose CommentsPermalink
(i) in paragraph (4)(A)--CommentsClose CommentsPermalink
(I) by striking ‘consult, as appropriate,’ and inserting ‘cooperate’;CommentsClose CommentsPermalink
(II) by inserting ‘transportation, public transportation, air quality, and housing, and shall consult, as appropriate, with State and local agencies responsible for’ after ‘responsible for’; andCommentsClose CommentsPermalink
(III) by inserting ‘public health,’ after ‘conservation,’; andCommentsClose CommentsPermalink
(ii) in paragraph (5)(C)(iii), by inserting ‘and through the website of the metropolitan planning organization, including emission reduction targets and strategies developed under subsection (k)(6), including an analysis of the anticipated effects of the targets and strategies,’ after ‘World Wide Web’; andCommentsClose CommentsPermalink
(D) in subsection (k), by adding at the end the following:CommentsClose CommentsPermalink
‘(6) TRANSPORTATION GREENHOUSE GAS REDUCTION EFFORTS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section shall address transportation-related greenhouse gas emissions by including emission reduction targets and strategies to meet those targets.CommentsClose CommentsPermalink
‘(B) ELIGIBLE ORGANIZATIONS-CommentsClose CommentsPermalink
‘(i) MPOS WITHIN TMAS- All provisions and requirements of this section, including the requirements of the transportation greenhouse gas reduction efforts, shall apply to metropolitan planning organizations that also serve as transportation management areas.CommentsClose CommentsPermalink
‘(ii) OTHER MPOS- A metropolitan planning organization that does not serve as a transportation management area--CommentsClose CommentsPermalink
‘(I) may develop transportation greenhouse gas emission reduction targets and strategies to meet those targets; andCommentsClose CommentsPermalink
‘(II) if those targets and strategies are developed, shall be subject to all applicable provisions and requirements of this section and the Clean Energy Jobs and American Power Act, including requirements of the transportation greenhouse gas reduction efforts.CommentsClose CommentsPermalink
‘(C) ESTABLISHMENT OF TARGETS AND CRITERIA-CommentsClose CommentsPermalink
‘(i) IN GENERAL- Not later than 2 years after the promulgation of the final regulations required under section 831 of the Clean Air Act, each metropolitan planning organization that also serves as a transportation management area shall develop surface transportation-related greenhouse gas emission reduction targets, as well as strategies to meet those targets, in consultation with State air agencies as part of the metropolitan transportation planning process under this section.CommentsClose CommentsPermalink
‘(ii) MULTIPLE DESIGNATIONS- If more than 1 metropolitan planning organization has been designated within a metropolitan area, each metropolitan planning organization shall coordinate with other metropolitan planning organizations in the same metropolitan area to develop the targets and strategies described in clause (i).CommentsClose CommentsPermalink
‘(iii) MINIMUM REQUIREMENTS- Each metropolitan transportation plan developed by a metropolitan planning organization under clause (i) shall, within the plan, demonstrate progress in stabilizing and reducing transportation-related greenhouse gas emissions so as to contribute to the achievement of State targets pursuant to section 135(f)(9).CommentsClose CommentsPermalink
‘(iv) REQUIREMENTS FOR TARGETS AND STRATEGIES- The targets and strategies developed under this subparagraph shall, at a minimum--CommentsClose CommentsPermalink
‘(I) be based on the emission and travel demand models and related methodologies established in the final regulations required under section 831 of the Clean Air Act;CommentsClose CommentsPermalink
‘(II) inventory all sources of surface transportation-related greenhouse gas emissions;CommentsClose CommentsPermalink
‘(III) apply to those modes of surface transportation that are addressed in the planning process under this section;CommentsClose CommentsPermalink
‘(IV) be integrated and consistent with regional transportation plans and transportation improvement programs; andCommentsClose CommentsPermalink
‘(V) be selected through scenario analysis, and include, pursuant to the requirements of the transportation planning process under this section, transportation investment and management strategies that reduce greenhouse gas emissions from the transportation sector over the life of the plan, such as--CommentsClose CommentsPermalink
‘(aa) efforts to increase public transportation ridership, including through service improvements, capacity expansions, and access enhancement;CommentsClose CommentsPermalink
‘(bb) efforts to increase walking, bicycling, and other forms of nonmotorized transportation;CommentsClose CommentsPermalink
‘(cc) implementation of zoning and other land use regulations and plans to support infill, transit-oriented development, redevelopment, or mixed use development;CommentsClose CommentsPermalink
‘(dd) travel demand management programs (including carpool, vanpool, or car-share projects), transportation pricing measures, parking policies, and programs to promote telecommuting, flexible work schedules, and satellite work centers;CommentsClose CommentsPermalink
‘(ee) surface transportation system operation improvements, including intelligent transportation systems or other operational improvements to reduce long-term greenhouse gas emissions through reduced congestion and improved system management;CommentsClose CommentsPermalink
‘(ff) intercity passenger rail improvements;CommentsClose CommentsPermalink
‘(gg) intercity bus improvements;CommentsClose CommentsPermalink
‘(hh) freight rail improvements;CommentsClose CommentsPermalink
‘(ii) use of materials or equipment associated with the construction or maintenance of transportation projects that reduce greenhouse gas emissions;CommentsClose CommentsPermalink
‘(jj) public facilities for supplying electricity to electric or plug-in hybrid-electric vehicles; orCommentsClose CommentsPermalink
‘(kk) any other effort that demonstrates progress in reducing transportation-related greenhouse gas emissions in each metropolitan planning organization under this subsection.CommentsClose CommentsPermalink
‘(D) REVIEW AND APPROVAL- Not later than 180 days after the date of submission of a plan under this section--CommentsClose CommentsPermalink
‘(i) the Secretary and the Administrator shall review the plan; andCommentsClose CommentsPermalink
‘(ii) the Secretary shall approve a plan developed by a metropolitan planning organization pursuant to subparagraph (C) if--CommentsClose CommentsPermalink
‘(I) the Secretary finds that a metropolitan planning organization has developed, submitted, and published the plan of the metropolitan planning organization pursuant to this section;CommentsClose CommentsPermalink
‘(II) the Secretary, in consultation with the Administrator, determines that the plan is likely to achieve the targets established by the metropolitan planning organization under this subsection; andCommentsClose CommentsPermalink
‘(III) the development of the plan complies with the minimum requirements established under clauses (iii) and (iv) of subparagraph (C).CommentsClose CommentsPermalink
‘(E) CERTIFICATION- Failure to comply with the requirements under subparagraph (C) shall not impact certification standards under paragraph (5).CommentsClose CommentsPermalink
‘(7) DEFINITION OF METROPOLITAN PLANNING ORGANIZATION- In this subsection, the term ‘metropolitan planning organization’ means a metropolitan planning organization described in clause (i) or (ii) of paragraph (6)(B).CommentsClose CommentsPermalink
‘(8) SCENARIO ANALYSIS- The term ‘scenario analysis’ means the use of a planning tool that--CommentsClose CommentsPermalink
‘(A) develops a range of scenarios representing various combinations of transportation and land use strategies, and estimates of how each of those scenarios would perform in meeting the greenhouse gas emission reduction targets based on analysis of various forces (such as health, transportation, economic or environmental factors, and land use) that affect growth;CommentsClose CommentsPermalink
‘(B) may include features such as--CommentsClose CommentsPermalink
‘(i) the involvement of the general public, key stakeholders, and elected officials on a broad scale;CommentsClose CommentsPermalink
‘(ii) the creation of an opportunity for those participants to educate each other as to growth trends and trade-offs, as a means to incorporate values and feedback into future plans; andCommentsClose CommentsPermalink
‘(iii) the use of continuing efforts and ongoing processes; andCommentsClose CommentsPermalink
‘(C) may include key elements such as--CommentsClose CommentsPermalink
‘(i) identification of the driving forces behind planning decisions and outcomes;CommentsClose CommentsPermalink
‘(ii) determination of patterns of interaction;CommentsClose CommentsPermalink
‘(iii) creation of scenarios for discussion purposes;CommentsClose CommentsPermalink
‘(iv) analysis of implications;CommentsClose CommentsPermalink
‘(v) evaluation of scenarios; andCommentsClose CommentsPermalink
‘(vi) use of monitoring indicators.’.CommentsClose CommentsPermalink
(2) TITLE 49-
Section 5303 of title 49, United States Code , is amended--CommentsClose CommentsPermalink
(A) in subsection (a)(1)--CommentsClose CommentsPermalink
(i) by striking ‘minimizing’ and inserting ‘reducing’; andCommentsClose CommentsPermalink
(ii) by inserting ‘, reliance on oil, impacts on the environment, transportation-related greenhouse gas emissions,’ after ‘consumption’;CommentsClose CommentsPermalink
(B) in subsection (h)(1)(E)--CommentsClose CommentsPermalink
(i) by inserting ‘sustainability, and livability, reduce surface transportation-related greenhouse gas emissions and reliance on oil, adapt to the effects of climate change,’ after ‘energy conservation,’;CommentsClose CommentsPermalink
(ii) by inserting ‘and public health’ after ‘quality of life’; andCommentsClose CommentsPermalink
(iii) by inserting ‘, including housing and land use patterns’ after ‘development patterns’;CommentsClose CommentsPermalink
(C) in subsection (i)--CommentsClose CommentsPermalink
(i) in paragraph (4)(A)--CommentsClose CommentsPermalink
(I) by striking ‘consult, as appropriate,’ and inserting ‘cooperate’;CommentsClose CommentsPermalink
(II) by inserting ‘transportation, public transportation, air quality, and housing, and shall consult, as appropriate, with State and local agencies responsible for’ after ‘responsible for’; andCommentsClose CommentsPermalink
(III) by inserting ‘public health,’ after ‘conservation,’; andCommentsClose CommentsPermalink
(ii) in paragraph (5)(C)(iii), by inserting ‘and through the website of the metropolitan planning organization, including emission reduction targets and strategies developed under subsection (k)(6), including an analysis of the anticipated effects of the targets and strategies,’ after ‘World Wide Web’; andCommentsClose CommentsPermalink
(D) in subsection (k), by adding at the end the following:CommentsClose CommentsPermalink
‘(6) TRANSPORTATION GREENHOUSE GAS REDUCTION EFFORTS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section shall address transportation-related greenhouse gas emissions by including emission reduction targets and strategies to meet those targets.CommentsClose CommentsPermalink
‘(B) ELIGIBLE ORGANIZATIONS-CommentsClose CommentsPermalink
‘(i) IN GENERAL- The requirements of the transportation greenhouse gas reduction efforts shall apply only to metropolitan planning organizations within a transportation management area.CommentsClose CommentsPermalink
‘(ii) DEVELOPMENT OF PLAN- A metropolitan planning organization that does not serve as a transportation management area--CommentsClose CommentsPermalink
‘(I) may develop transportation greenhouse gas emission reduction targets and strategies to meet those targets; andCommentsClose CommentsPermalink
‘(II) if those targets and strategies are developed, shall be subject to all provisions and requirements of this section, including requirements of the transportation greenhouse gas reduction efforts.CommentsClose CommentsPermalink
‘(C) ESTABLISHMENT OF TARGETS AND CRITERIA-CommentsClose CommentsPermalink
‘(i) IN GENERAL- Not later than 2 years after the promulgation of the final regulations required under section 831 of the Clean Air Act, each metropolitan planning organization shall develop surface transportation-related greenhouse gas emission reduction targets, as well as strategies to meet those targets, in consultation with State air agencies as part of the metropolitan transportation planning process under this section.CommentsClose CommentsPermalink
‘(ii) MULTIPLE DESIGNATIONS- If more than 1 metropolitan planning organization has been designated within a metropolitan area, each metropolitan planning organization shall coordinate with other metropolitan planning organizations in the same metropolitan area to develop the targets and strategies described in clause (i).CommentsClose CommentsPermalink
‘(iii) MINIMUM REQUIREMENTS- Each metropolitan transportation plan developed by a metropolitan planning organization under clause (i) shall, within the plan, demonstrate progress in stabilizing and reducing transportation-related greenhouse gas emissions so as to contribute to the achievement of State targets pursuant to section 135(f)(9) of title 23.CommentsClose CommentsPermalink
‘(iv) REQUIREMENTS FOR TARGETS AND STRATEGIES- The targets and strategies developed under this subparagraph shall, at a minimum--CommentsClose CommentsPermalink
‘(I) be based on the emission models and related methodologies established in the final regulations required under section 831 of the Clean Air Act;CommentsClose CommentsPermalink
‘(II) inventory all sources of surface transportation-related greenhouse gas emissions;CommentsClose CommentsPermalink
‘(III) apply to those modes of surface transportation that are addressed in the planning process under this section;CommentsClose CommentsPermalink
‘(IV) be integrated and consistent with regional transportation plans and transportation improvement programs; andCommentsClose CommentsPermalink
‘(V) be selected through scenario analysis (as defined in section 134(k) of title 23), and include, pursuant to the requirements of the transportation planning process under this section, transportation investment and management strategies that reduce greenhouse gas emissions from the transportation sector over the life of the plan, such as--CommentsClose CommentsPermalink
‘(aa) efforts to increase public transportation ridership, including through service improvements, capacity expansions, and access enhancement;CommentsClose CommentsPermalink
‘(bb) efforts to increase walking, bicycling, and other forms of nonmotorized transportation;CommentsClose CommentsPermalink
‘(cc) implementation of zoning and other land use regulations and plans to support infill, transit-oriented development, redevelopment, or mixed use development;CommentsClose CommentsPermalink
‘(dd) travel demand management programs (including carpool, vanpool, or car-share projects), transportation pricing measures, parking policies, and programs to promote telecommuting, flexible work schedules, and satellite work centers;CommentsClose CommentsPermalink
‘(ee) surface transportation system operation improvements, including intelligent transportation systems or other operational improvements to reduce long-term greenhouse gas emissions through reduced congestion and improved system management;CommentsClose CommentsPermalink
‘(ff) intercity passenger rail improvements;CommentsClose CommentsPermalink
‘(gg) intercity bus improvements;CommentsClose CommentsPermalink
‘(hh) freight rail improvements;CommentsClose CommentsPermalink
‘(ii) use of materials or equipment associated with the construction or maintenance of transportation projects that reduce greenhouse gas emissions;CommentsClose CommentsPermalink
‘(jj) public facilities for supplying electricity to electric or plug-in hybrid-electric vehicles; orCommentsClose CommentsPermalink
‘(kk) any other effort that demonstrates progress in reducing transportation-related greenhouse gas emissions in each metropolitan planning organization under this subsection.CommentsClose CommentsPermalink
‘(D) REVIEW AND APPROVAL- Not later than 180 days after the date of submission of a plan under this section--CommentsClose CommentsPermalink
‘(i) the Secretary and the Administrator shall review the plan; andCommentsClose CommentsPermalink
‘(ii) the Secretary shall approve a plan developed by a metropolitan planning organization pursuant to subparagraph (C) if--CommentsClose CommentsPermalink
‘(I) the Secretary finds that a metropolitan planning organization has developed, submitted, and published the plan of the metropolitan planning organization pursuant to this section;CommentsClose CommentsPermalink
‘(II) the Secretary, in consultation with the Administrator, determines that the plan is likely to achieve the targets established by the metropolitan planning organization under this subsection; andCommentsClose CommentsPermalink
‘(III) the development of the plan complies with the minimum requirements established under clauses (iii) and (iv) of subparagraph (C).CommentsClose CommentsPermalink
‘(E) CERTIFICATION- Failure to comply with the requirements under subparagraph (C) shall not impact certification standards under paragraph (5).CommentsClose CommentsPermalink
‘(7) DEFINITION OF METROPOLITAN PLANNING ORGANIZATION- In this subsection, the term ‘metropolitan planning organization’ means a metropolitan planning organization described in clause (i) or (ii) of paragraph (6)(B).’.CommentsClose CommentsPermalink
(c) States-CommentsClose CommentsPermalink
(1) TITLE 23-
Section 135 of title 23, United States Code , is amended--CommentsClose CommentsPermalink
(A) in subsection (d)(1)(E)--CommentsClose CommentsPermalink
(i) by inserting ‘sustainability, and livability, reduce surface transportation-related greenhouse gas emissions and reliance on oil, adapt to the effects of climate change,’ after ‘energy conservation,’;CommentsClose CommentsPermalink
(ii) by inserting ‘and public health’ after ‘quality of life’; andCommentsClose CommentsPermalink
(iii) by inserting ‘, including housing and land use patterns’ after ‘development patterns’; andCommentsClose CommentsPermalink
(B) in subsection (f)--CommentsClose CommentsPermalink
(i) in paragraph (2)(D)(i)--CommentsClose CommentsPermalink
(I) by striking ‘, as appropriate, in consultation’ and inserting ‘in cooperation’;CommentsClose CommentsPermalink
(II) by inserting ‘State and local agencies responsible for transportation, public transportation, air quality, and housing and in consultation with’ before ‘State, tribal’; andCommentsClose CommentsPermalink
(III) by inserting ‘public health,’ after ‘conservation,’;CommentsClose CommentsPermalink
(ii) in paragraph (3)(B)(iii), by inserting ‘and through the website of the State, including emission reduction targets and strategies developed under paragraph (9) and an analysis of the anticipated effects of the targets and strategies’ after ‘World Wide Web’; andCommentsClose CommentsPermalink
(iii) by adding at the end the following:CommentsClose CommentsPermalink
‘(9) TRANSPORTATION GREENHOUSE GAS REDUCTION EFFORTS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Within a State, the transportation planning process under this section, shall address transportation-related greenhouse gas emissions by including emission reduction targets and strategies to meet those targets.CommentsClose CommentsPermalink
‘(B) ESTABLISHMENT OF TARGETS AND CRITERIA-CommentsClose CommentsPermalink
‘(i) IN GENERAL- Not later than 2 years after the promulgation of the final regulations required under section 831 of the Clean Air Act, each State shall develop surface transportation-related greenhouse gas emission reduction targets, as well as strategies to meet those targets, in consultation with State air agencies as part of the transportation planning process under this section.CommentsClose CommentsPermalink
‘(ii) MINIMUM REQUIREMENTS- Each transportation plan developed by a State under clause (i) shall, within the plan, demonstrate progress in stabilizing and reducing transportation-related greenhouse gas emissions in the State so as to contribute to the achievement of national targets pursuant to section 831(a)(1) of the Clean Air Act.CommentsClose CommentsPermalink
‘(iii) REQUIREMENTS FOR TARGETS AND STRATEGIES- The targets and strategies developed under this subparagraph shall, at a minimum--CommentsClose CommentsPermalink
‘(I) be based on the emission models and related methodologies established in the final regulations required under section 831 of the Clean Air Act;CommentsClose CommentsPermalink
‘(II) inventory all sources of surface transportation-related greenhouse gas emissions;CommentsClose CommentsPermalink
‘(III) apply to those modes of surface transportation that are addressed in the planning process under this section;CommentsClose CommentsPermalink
‘(IV) be integrated and consistent with statewide transportation plans and statewide transportation improvement programs; andCommentsClose CommentsPermalink
‘(V) be selected through scenario analysis (as defined in section 134(k)), and include, pursuant to the requirements of the transportation planning process under this section, transportation investment and management strategies that reduce greenhouse gas emissions from the transportation sector over the life of the plan, such as--CommentsClose CommentsPermalink
‘(aa) efforts to increase public transportation ridership, including through service improvements, capacity expansions, and access enhancement;CommentsClose CommentsPermalink
‘(bb) efforts to increase walking, bicycling, and other forms of nonmotorized transportation;CommentsClose CommentsPermalink
‘(cc) implementation of zoning and other land use regulations and plans to support infill, transit-oriented development, redevelopment, or mixed use development;CommentsClose CommentsPermalink
‘(dd) travel demand management programs (including carpool, vanpool, or car-share projects), transportation pricing measures, parking policies, and programs to promote telecommuting, flexible work schedules, and satellite work centers;CommentsClose CommentsPermalink
‘(ee) surface transportation system operation improvements, including intelligent transportation systems or other operational improvements to reduce congestion and improve system management;CommentsClose CommentsPermalink
‘(ff) intercity passenger rail improvements;CommentsClose CommentsPermalink
‘(gg) intercity bus improvements;CommentsClose CommentsPermalink
‘(hh) freight rail improvements;CommentsClose CommentsPermalink
‘(ii) use of materials or equipment associated with the construction or maintenance of transportation projects that reduce greenhouse gas emissions;CommentsClose CommentsPermalink
‘(jj) public facilities for supplying electricity to electric or plug-in hybrid-electric vehicles; orCommentsClose CommentsPermalink
‘(kk) any other effort that demonstrates progress in reducing transportation-related greenhouse gas emissions.CommentsClose CommentsPermalink
‘(C) COORDINATION AND CONSULTATION WITH PUBLIC AGENCIES- Transportation greenhouse gas targets and plans pursuant to this section shall be developed--CommentsClose CommentsPermalink
‘(i) in coordination with--CommentsClose CommentsPermalink
‘(I) all metropolitan planning organizations covered by this section within the State; andCommentsClose CommentsPermalink
‘(II) transportation and air quality agencies within the State; andCommentsClose CommentsPermalink
‘(ii) in consultation with representatives of State and local housing, economic development, and land use agencies.CommentsClose CommentsPermalink
‘(D) ENFORCEMENT- Not later than 180 days after the date of submission of a plan under this section--CommentsClose CommentsPermalink
‘(i) the Secretary and the Administrator shall review the plan; andCommentsClose CommentsPermalink
‘(ii) the Secretary shall approve a plan developed by a State pursuant to subparagraph (B) if--CommentsClose CommentsPermalink
‘(I) the Secretary finds that a State has developed, submitted, and published the plan pursuant to this section;CommentsClose CommentsPermalink
‘(II) the Secretary, in consultation with the Administrator, determines that the plan is likely to achieve the targets established by the State under this subsection; andCommentsClose CommentsPermalink
‘(III) the development of the plan complies with the minimum requirements established under clauses (ii) and (iii) of subparagraph (B).CommentsClose CommentsPermalink
‘(E) PLANNING FINDING- Failure to comply with the requirements under subparagraph (B) shall not impact the planning finding under subsection (g)(7).’.CommentsClose CommentsPermalink
(2) TITLE 49-
Section 5304 of title 49, United States Code is amended--CommentsClose CommentsPermalink
(A) in subsection (d)(1)(E)--CommentsClose CommentsPermalink
(i) by inserting ‘sustainability, and livability, reduce surface transportation-related greenhouse gas emissions and reliance on oil, adapt to the effects of climate change,’ after ‘energy conservation,’;CommentsClose CommentsPermalink
(ii) by inserting ‘and public health’ after ‘quality of life’; andCommentsClose CommentsPermalink
(iii) by inserting ‘, including housing and land use patterns’ after ‘development patterns’; andCommentsClose CommentsPermalink
(B) in subsection (f)--CommentsClose CommentsPermalink
(i) in paragraph (2)(D)(i)--CommentsClose CommentsPermalink
(I) by striking ‘, as appropriate, in consultation’ and inserting ‘in cooperation’;CommentsClose CommentsPermalink
(II) by inserting ‘State and local agencies responsible for transportation, public transportation, air quality, and housing and in consultation with’ before ‘State, tribal’; andCommentsClose CommentsPermalink
(III) by inserting ‘public health,’ after ‘conservation,’;CommentsClose CommentsPermalink
(ii) in paragraph (3)(B)(iii), by inserting ‘and through the website of the State, including emission reduction targets and strategies developed under paragraph (9) and an analysis of the anticipated effects of the targets and strategies’ after ‘World Wide Web’; andCommentsClose CommentsPermalink
(iii) by adding at the end the following:CommentsClose CommentsPermalink
‘(9) TRANSPORTATION GREENHOUSE GAS REDUCTION EFFORTS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Within a State, the transportation planning process under this section, shall address transportation-related greenhouse gas emissions by including emission reduction targets and strategies to meet those targets.CommentsClose CommentsPermalink
‘(B) ESTABLISHMENT OF TARGETS AND CRITERIA-CommentsClose CommentsPermalink
‘(i) IN GENERAL- Not later than 2 years after the promulgation of the final regulations required under section 831 of the Clean Air Act, each State shall develop surface transportation-related greenhouse gas emission reduction targets, as well as strategies to meet those targets, in consultation with State air agencies as part of the transportation planning process under this section.CommentsClose CommentsPermalink
‘(ii) MINIMUM REQUIREMENTS- Each transportation plan developed by a State under clause (i) shall, within the plan, demonstrate progress in stabilizing and reducing transportation-related greenhouse gas emissions in the State so as to contribute to the achievement of national targets pursuant to section 831(a)(1) of the Clean Air Act.CommentsClose CommentsPermalink
‘(iii) REQUIREMENTS FOR TARGETS AND STRATEGIES- The targets and strategies developed under this subparagraph shall, at a minimum--CommentsClose CommentsPermalink
‘(I) be based on the emission models and related methodologies established in the final regulations required under section 831 of the Clean Air Act;CommentsClose CommentsPermalink
‘(II) inventory all sources of surface transportation-related greenhouse gas emissions;CommentsClose CommentsPermalink
‘(III) apply to those modes of surface transportation that are addressed in the planning process under this section;CommentsClose CommentsPermalink
‘(IV) be integrated and consistent with statewide transportation plans and statewide transportation improvement programs; andCommentsClose CommentsPermalink
‘(V) be selected through scenario analysis (as defined in section 134(k) of title 23), and include, pursuant to the requirements of the transportation planning process under this section, transportation investment and management strategies that reduce greenhouse gas emissions from the transportation sector over the life of the plan, such as--CommentsClose CommentsPermalink
‘(aa) efforts to increase public transportation ridership, including through service improvements, capacity expansions, and access enhancement;CommentsClose CommentsPermalink
‘(bb) efforts to increase walking, bicycling, and other forms of nonmotorized transportation;CommentsClose CommentsPermalink
‘(cc) implementation of zoning and other land use regulations and plans to support infill, transit-oriented development, redevelopment, or mixed use development;CommentsClose CommentsPermalink
‘(dd) travel demand management programs (including carpool, vanpool, or car-share projects), transportation pricing measures, parking policies, and programs to promote telecommuting, flexible work schedules, and satellite work centers;CommentsClose CommentsPermalink
‘(ee) surface transportation system operation improvements, including intelligent transportation systems or other operational improvements to reduce congestion and improve system management;CommentsClose CommentsPermalink
‘(ff) intercity passenger rail improvements;CommentsClose CommentsPermalink
‘(gg) intercity bus improvements;CommentsClose CommentsPermalink
‘(hh) freight rail improvements;CommentsClose CommentsPermalink
‘(ii) use of materials or equipment associated with the construction or maintenance of transportation projects that reduce greenhouse gas emissions;CommentsClose CommentsPermalink
‘(jj) public facilities for supplying electricity to electric or plug-in hybrid-electric vehicles; orCommentsClose CommentsPermalink
‘(kk) any other effort that demonstrates progress in reducing transportation-related greenhouse gas emissions.CommentsClose CommentsPermalink
‘(C) COORDINATION AND CONSULTATION WITH PUBLIC AGENCIES- Transportation greenhouse gas targets and plans pursuant to this section shall be developed--CommentsClose CommentsPermalink
‘(i) in coordination with--CommentsClose CommentsPermalink
‘(I) all metropolitan planning organizations covered by this section within the State; andCommentsClose CommentsPermalink
‘(II) transportation and air quality agencies within the State; andCommentsClose CommentsPermalink
‘(ii) in consultation with representatives of State and local housing, economic development, and land use agencies.CommentsClose CommentsPermalink
‘(D) ENFORCEMENT- Not later than 180 days after the date of submission of a plan under this section--CommentsClose CommentsPermalink
‘(i) the Secretary and the Administrator shall review the plan; andCommentsClose CommentsPermalink
‘(ii) the Secretary shall approve a plan developed by a State pursuant to subparagraph (B) if--CommentsClose CommentsPermalink
‘(I) the Secretary finds that a State has developed, submitted, and published the plan pursuant to this section;CommentsClose CommentsPermalink
‘(II) the Secretary, in consultation with the Administrator, determines that the plan is likely to achieve the targets established by the State under this subsection; andCommentsClose CommentsPermalink
‘(III) the development of the plan complies with the minimum requirements established under clauses (ii) and (iii) of subparagraph (B).CommentsClose CommentsPermalink
‘(E) PLANNING FINDING- Failure to comply with the requirements under subparagraph (B) shall not impact the planning finding under subsection (g)(7).’.CommentsClose CommentsPermalink
(d) Applicability- Section 304 of the Clean Air Act (
42 U.S.C. 7604 ) shall not apply to the planning provisions of this section or any amendment made by this section.CommentsClose CommentsPermalink(e) Land Use Authority- Nothing in this section or an amendment made by this section--CommentsClose CommentsPermalink
(1) infringes on the existing authority of local governments to plan or control land use; orCommentsClose CommentsPermalink
(2) provides or transfers authority over land use to any other entity.CommentsClose CommentsPermalink
SEC. 113. TRANSPORTATION GREENHOUSE GAS EMISSION REDUCTION PROGRAM GRANTS.
Part C of title VIII of the Clean Air Act (as amended by section 112) is amended by adding at the end the following:CommentsClose CommentsPermalink
‘SEC. 832. TRANSPORTATION GREENHOUSE GAS EMISSION REDUCTION PROGRAM GRANTS.
‘(a) In General- The Secretary of Transportation (referred to in this section as the ‘Secretary’) shall provide grants to States and metropolitan planning organizations to carry out the purposes of this section for each fiscal year--CommentsClose CommentsPermalink
‘(1) to support the developing and updating of transportation greenhouse gas reduction targets and strategies; andCommentsClose CommentsPermalink
‘(2) to provide financial assistance to implement plans approved pursuant to--CommentsClose CommentsPermalink
‘(A) sections 134(k)(6) and 135(f)(9) of title 23, United States Code; andCommentsClose CommentsPermalink
‘(B) sections 5303(k)(6) and 5304(f)(9) of title 49, United States Code.CommentsClose CommentsPermalink
‘(b) Planning Grants-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Subject to paragraph (2), the Secretary shall allocate not more than 5 percent of the funds available to carry out this section for a fiscal year for metropolitan planning organizations to develop and update transportation plans, including targets and strategies for greehouse gas emission reduction under--CommentsClose CommentsPermalink
‘(A) sections 134(k)(6) and 135(f)(9) of title 23, United States Code; andCommentsClose CommentsPermalink
‘(B) sections 5303(k)(6) and 5304(f)(9) of title 49, United States Code.CommentsClose CommentsPermalink
‘(2) ELIGIBLE ORGANIZATIONS- The Secretary shall distribute the funds available in (1) to metropolitan planning organizations (as defined in
section 134(k)(7) of title 23, United States Code ) in the proportion that--CommentsClose CommentsPermalink
‘(A) the population within such a metropolitan planning organization; bears toCommentsClose CommentsPermalink
‘(B) the total population of all such metropolitan planning organizations.CommentsClose CommentsPermalink
‘(c) Performance Grants-CommentsClose CommentsPermalink
‘(1) IN GENERAL- After allocating funds pursuant to subsection (b)(1), the Secretary shall use the remainder of amounts made available to carry out this section to provide grants to States and metropolitan planning organizations.CommentsClose CommentsPermalink
‘(2) CRITERIA- In providing grants under this subsection, the Secretary, in consultation with the Administrator, shall develop criteria for providing the grants, taking into consideration, with respect to areas to be covered by the grants--CommentsClose CommentsPermalink
‘(A) the quantity of total greenhouse gas emissions to be reduced as a result of implementation of a plan, within a covered area, as determined by methods established under section 831(a);CommentsClose CommentsPermalink
‘(B) the quantity of total greenhouse gas emissions to be reduced per capita as a result of implementation of a plan, within the covered area, as determined by methods established under section 831(a);CommentsClose CommentsPermalink
‘(C) the cost-effectiveness of reducing greenhouse gas emissions during the life of the plan;CommentsClose CommentsPermalink
‘(D) progress toward achieving emission reductions target established under--CommentsClose CommentsPermalink
‘(i) sections 134(k)(6) and 135(f)(9) of title 23, United States Code; andCommentsClose CommentsPermalink
‘(ii) sections 5303(k)(6) and 5304(f)(9) of title 49, United States Code;CommentsClose CommentsPermalink
‘(E) reductions in greenhouse gas emissions previously achieved by States and metropolitan planning organizations during the 5-year period beginning on the date of enactment of this Act;CommentsClose CommentsPermalink
‘(F) plans that increase transportation options and mobility, particularly for low-income individuals, minorities, the elderly, households without motor vehicles, cost-burdened households, and the disabled; andCommentsClose CommentsPermalink
‘(G) other factors, including innovative approaches, minimization of costs, and consideration of economic development, revenue generation, consumer fuel cost-savings, and other economic, environmental and health benefits, as the Secretary determines to be appropriate.CommentsClose CommentsPermalink
‘(d) Requirement for Reduced Emissions- A performance grant under subsection (c) may be used only to fund strategies that demonstrate a reduction in greenhouse gas emissions that is sustainable over the life of the applicable transportation plan.CommentsClose CommentsPermalink
‘(e) Cost-Sharing- The Federal share of the costs of a project receiving Federal financial assistance under this section shall be 80 percent.CommentsClose CommentsPermalink
‘(f) Compliance With Applicable Laws-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Subject to paragraph (2), a project receiving funds under this section shall comply with all applicable Federal laws (including regulations), including--CommentsClose CommentsPermalink
‘(A) subchapter IV of chapter 31 of title 40, United States Code; andCommentsClose CommentsPermalink
‘(B) applicable requirements of titles 23 and 49, United States Code.CommentsClose CommentsPermalink
‘(2) ELIGIBILITY- Project eligibility shall be determined in accordance with this section.CommentsClose CommentsPermalink
‘(3) DETERMINATION OF APPLICABLE MODAL REQUIREMENTS- The Secretary shall--CommentsClose CommentsPermalink
‘(A) have the discretion to designate the specific modal requirements that shall apply to a project; andCommentsClose CommentsPermalink
‘(B) be guided by the predominant modal characteristics of the project in the event that a project has cross-modal application.CommentsClose CommentsPermalink
‘(g) Additional Requirements-CommentsClose CommentsPermalink
‘(1) IN GENERAL- As a condition on the receipt of financial assistance under this section, the interests of public transportation employees affected by the assistance shall be protected under arrangements that the Secretary of Labor determines--CommentsClose CommentsPermalink
‘(A) to be fair and equitable; andCommentsClose CommentsPermalink
‘(B) to provide benefits equal to the benefits established under
section 5333(b) of title 49, United States Code .CommentsClose CommentsPermalink‘(2) WAGES AND BENEFITS- Laborers and mechanics employed on projects funded with amounts made available under this section shall be paid wages and benefits not less than those determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code, to be prevailing in the same locality.CommentsClose CommentsPermalink
‘(h) Miscellaneous-CommentsClose CommentsPermalink
‘(1) ROAD-USE AND CONGESTION PRICING MEASURES- All projects funded by amounts made available under this section shall be eligible to receive amounts collected through road-use and congestion pricing measures.CommentsClose CommentsPermalink
‘(2) LIMITATIONS- The Administrator may not approve any transportation plan for a project that would be inconsistent with existing design, procurement, and construction guidelines established by the Department of Transportation.CommentsClose CommentsPermalink
‘(3) SUBGRANTEES- With the approval of the Secretary, recipients of funding under this section may enter into agreements providing for the transfer of funds to noneligible public entities (such as local governments, air quality agencies, zoning commissions, special districts and transit agencies) that have statutory responsibility or authority for actions necessary to implement the strategies pursuant to--CommentsClose CommentsPermalink
‘(A) sections 134(k)(6) and 135(f)(9) of title 23, United States Code; andCommentsClose CommentsPermalink
‘(B) sections 5303(k)(6) and 5304(f)(9) of title 49, United States Code.’.CommentsClose CommentsPermalink
SEC. 114. SMARTWAY TRANSPORTATION EFFICIENCY PROGRAM.
Part B of title VIII of the Clean Air Act (as amended by section 111) is amended by adding at the end the following:CommentsClose CommentsPermalink
‘SEC. 822. SMARTWAY TRANSPORTATION EFFICIENCY PROGRAM.
‘(a) In General- There is established within the Environmental Protection Agency a SmartWay Transportation Efficiency Program to quantify, demonstrate, and promote the benefits of technologies, products, fuels, and operational strategies that reduce petroleum consumption, air pollution, and greenhouse gas emissions from the mobile source sector.CommentsClose CommentsPermalink
‘(b) General Duties- Under the program established under this section, the Administrator shall carry out each of the following:CommentsClose CommentsPermalink
‘(1) Development of measurement protocols to evaluate the energy consumption and greenhouse gas impacts from technologies and strategies in the mobile source sector, including those for passenger transport and goods movement.CommentsClose CommentsPermalink
‘(2) Development of qualifying thresholds for certifying, verifying, or designating energy-efficient, low-greenhouse gas SmartWay technologies and strategies for each mode of passenger transportation and goods movement.CommentsClose CommentsPermalink
‘(3) Development of partnership and recognition programs to promote best practices and drive demand for energy-efficient, low-greenhouse gas transportation performance.CommentsClose CommentsPermalink
‘(4) Promotion of the availability of, and encouragement of the adoption of, SmartWay certified or verified technologies and strategies, and publication of the availability of financial incentives, such as assistance from loan programs and other Federal and State incentives.CommentsClose CommentsPermalink
‘(c) SmartWay Transport Freight Partnership- The Administrator shall establish a SmartWay Transport Partnership program with shippers and carriers of goods to promote energy-efficient, low-greenhouse gas transportation. In carrying out such partnership, the Administrator shall undertake each of the following:CommentsClose CommentsPermalink
‘(1) Verification of the energy and greenhouse gas performance of participating freight carriers, including those operating rail, trucking, marine, and other goods movement operations.CommentsClose CommentsPermalink
‘(2) Publication of a comprehensive energy and greenhouse gas performance index of freight modes (including rail, trucking, marine, and other modes of transporting goods) and individual freight companies so that shippers can choose to deliver their goods more efficiently.CommentsClose CommentsPermalink
‘(3) Development of tools for--CommentsClose CommentsPermalink
‘(A) carriers to calculate their energy and greenhouse gas performance; andCommentsClose CommentsPermalink
‘(B) shippers to calculate the energy and greenhouse gas impacts of moving their products and to evaluate the relative impacts from transporting their goods by different modes and corporate carriers.CommentsClose CommentsPermalink
‘(4) Provision of recognition opportunities for participating shipper and carrier companies demonstrating advanced practices and achieving superior levels of greenhouse gas performance.CommentsClose CommentsPermalink
‘(d) Improving Freight Greenhouse Gas Performance Databases- The Administrator shall, in coordination with the Secretary of Commerce and other appropriate agencies, define and collect data on the physical and operational characteristics of the Nation’s truck population, with special emphasis on data related to energy efficiency and greenhouse gas performance to inform the performance index published under subsection (c)(2) of this section, and other means of goods transport as necessary, at least every 5 years as part of the economic census required under title 13, United States Code.CommentsClose CommentsPermalink
‘(e) Establishment of Financing Program- The Administrator shall establish a SmartWay Financing Program to competitively award funding to eligible entities identified by the Administrator in accordance with the program requirements in subsection (g).CommentsClose CommentsPermalink
‘(f) Purposes- Under the SmartWay Financing Program, eligible entities shall--CommentsClose CommentsPermalink
‘(1) use funds awarded by the Administrator to provide flexible loan and/or lease terms that increase approval rates or lower the costs of loans and/or leases in accordance with guidance developed by the Administrator;CommentsClose CommentsPermalink
‘(2) make such loans and/or leases available to public and private entities for the purpose of adopting low-greenhouse gas technologies or strategies for the mobile source sector that are designated by the Administrator; andCommentsClose CommentsPermalink
‘(3) use funds provided by the Administrator for electrification of freight transportation systems in major national goods movement corridors, giving priority to electrification of transportation systems in areas that are gateways for high volumes of international and national freight transport and require substantial criteria pollutant emission reductions in order to attain national ambient air quality standards.CommentsClose CommentsPermalink
‘(g) Program Requirements- The Administrator shall determine program design elements and requirements, including--CommentsClose CommentsPermalink
‘(1) the type of financial mechanism with which to award funding, in the form of grants and/or contracts;CommentsClose CommentsPermalink
‘(2) the designation of eligible entities to receive funding, such as State, tribal, and local governments, regional organizations comprised of governmental units, nonprofit organizations, or for-profit companies;CommentsClose CommentsPermalink
‘(3) criteria for evaluating applications from eligible entities, including anticipated--CommentsClose CommentsPermalink
‘(A) cost-effectiveness of loan or lease program on a metric-ton-of-greenhouse gas-saved-per-dollar basis; andCommentsClose CommentsPermalink
‘(B) ability to promote the loan or lease program and associated technologies and strategies to the target audience; andCommentsClose CommentsPermalink
‘(4) reporting requirements for entities that receive awards, including--CommentsClose CommentsPermalink
‘(A) actual cost-effectiveness and greenhouse gas savings from the loan or lease program based on a methodology designated by the Administrator;CommentsClose CommentsPermalink
‘(B) the total number of applications and number of approved applications; andCommentsClose CommentsPermalink
‘(C) terms granted to loan and lease recipients compared to prevailing market practices and/or rates.CommentsClose CommentsPermalink
‘(h) Authorization of Appropriations- Such sums as necessary are authorized to be appropriated to the Administrator to carry out this section.’.CommentsClose CommentsPermalink
Subtitle B--Carbon Capture and SequestrationCommentsClose CommentsPermalink
SEC. 121. NATIONAL STRATEGY.
(a) In General- Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Energy, the Secretary of the Interior, and the heads of such other relevant Federal agencies as the President may designate, shall submit to Congress a report establishing a unified and comprehensive strategy to address the key legal, regulatory, and other barriers to the commercial-scale deployment of carbon capture and storage.CommentsClose CommentsPermalink
(b) Barriers- The report under this section shall--CommentsClose CommentsPermalink
(1) identify the regulatory, legal, and other gaps and barriers that--CommentsClose CommentsPermalink
(A) could be addressed by a Federal agency using existing statutory authority;CommentsClose CommentsPermalink
(B) require Federal legislation, if any; orCommentsClose CommentsPermalink
(C) would be best addressed at the State, tribal, or regional level;CommentsClose CommentsPermalink
(2) identify regulatory implementation challenges, including challenges relating to approval of State and tribal programs and delegation of authority for permitting; andCommentsClose CommentsPermalink
(3) recommend rulemakings, Federal legislation, or other actions that should be taken to further evaluate and address those barriers.CommentsClose CommentsPermalink
(c) Finding- Congress finds that it is in the public interest to achieve widespread, commercial-scale deployment of carbon capture and storage in the United States and throughout Asia before January 1, 2030.CommentsClose CommentsPermalink
SEC. 122. REGULATIONS FOR GEOLOGICAL SEQUESTRATION SITES.
(a) Coordinated Certification and Permitting Process- Part A of title VIII of the Clean Air Act (as amended by section 124 of this division) is amended by adding at the end the following:CommentsClose CommentsPermalink
‘SEC. 813. GEOLOGICAL STORAGE SITES.
‘(a) Coordinated Process-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Administrator shall establish a coordinated approach to certifying and permitting geological storage, taking into consideration all relevant statutory authorities.CommentsClose CommentsPermalink
‘(2) REQUIREMENTS- In establishing such approach, the Administrator shall--CommentsClose CommentsPermalink
‘(A) take into account, and reduce redundancy with, the requirements of section 1421 of the Safe Drinking Water Act (
42 U.S.C. 300h ), including the rulemaking for geological storage wells described in the proposed rule entitled ‘Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon Dioxide (CO2) Geologic Sequestration (GS) Wells’ (73 Fed. Reg. 43492 (July 25, 2008)); andCommentsClose CommentsPermalink‘(B) to the maximum extent practicable, reduce the burden on certified entities and implementing authorities.CommentsClose CommentsPermalink
‘(b) Regulations- Not later than 2 years after the date of enactment of this title, the Administrator shall promulgate regulations to protect human health and the environment by minimizing the risk of escape to the atmosphere of carbon dioxide injected for purposes of geological storage.CommentsClose CommentsPermalink
‘(c) Requirements- The regulations under subsection (b) shall include--CommentsClose CommentsPermalink
‘(1) a process to obtain certification for geological storage under this section; andCommentsClose CommentsPermalink
‘(2) requirements for--CommentsClose CommentsPermalink
‘(A) monitoring, recordkeeping, and reporting for emissions associated with injection into, and escape from, geological storage sites, taking into account any requirements or protocols developed under section 713;CommentsClose CommentsPermalink
‘(B) public participation in the certification process that maximizes transparency;CommentsClose CommentsPermalink
‘(C) the sharing of data among States, Indian tribes, and the Environmental Protection Agency; andCommentsClose CommentsPermalink
‘(D) other elements or safeguards necessary to achieve the purpose described in subsection (b).CommentsClose CommentsPermalink
‘(d) Report-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Not later than 2 years after the date of promulgation of regulations pursuant to subsection (b), and not less frequently than once every 3 years thereafter, the Administrator shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing geological storage in the United States, and, to the extent relevant, other countries in North America.CommentsClose CommentsPermalink
‘(2) INCLUSIONS- Each report under paragraph (1) shall include--CommentsClose CommentsPermalink
‘(A) data regarding injection, emissions to the atmosphere, if any, and performance of active and closed geological storage sites, including those at which enhanced hydrocarbon recovery operations occur;CommentsClose CommentsPermalink
‘(B) an evaluation of the performance of relevant Federal environmental regulations and programs in ensuring environmentally protective geological storage practices;CommentsClose CommentsPermalink
‘(C) recommendations on how those programs and regulations should be improved or made more effective; andCommentsClose CommentsPermalink
‘(D) other relevant information.’.CommentsClose CommentsPermalink
(b) Safe Drinking Water Act Standards- Section 1421 of the Safe Drinking Water Act (
42 U.S.C. 300h ) is amended by adding at the end the following:CommentsClose CommentsPermalink‘(e) Carbon Dioxide Geological Storage Wells-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Not later than 1 year after the date of enactment of this subsection, the Administrator shall promulgate regulations under subsection (a) for carbon dioxide geological storage wells.CommentsClose CommentsPermalink
‘(2) FINANCIAL RESPONSIBILITY-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The regulations under paragraph (1) shall include requirements for maintaining evidence of financial responsibility, including financial responsibility for emergency and remedial response, well plugging, site closure, and post-injection site care.CommentsClose CommentsPermalink
‘(B) REGULATIONS- Financial responsibility may be established for carbon dioxide geological wells in accordance with regulations promulgated by the Administrator by any 1, or any combination, of the following:CommentsClose CommentsPermalink
‘(i) Insurance.CommentsClose CommentsPermalink
‘(ii) Guarantee.CommentsClose CommentsPermalink
‘(iii) Trust.CommentsClose CommentsPermalink
‘(iv) Standby trust.CommentsClose CommentsPermalink
‘(v) Surety bond.CommentsClose CommentsPermalink
‘(vi) Letter of credit.CommentsClose CommentsPermalink
‘(vii) Qualification as a self-insurer.CommentsClose CommentsPermalink
‘(viii) Any other method satisfactory to the Administrator.’.CommentsClose CommentsPermalink
SEC. 123. STUDIES AND REPORTS.
(a) Study of Legal Framework for Geological Storage Sites-CommentsClose CommentsPermalink
(1) ESTABLISHMENT OF TASK FORCE-CommentsClose CommentsPermalink
(A) IN GENERAL- As soon as practicable, but not later than 180 days after the date of enactment of this Act, the Administrator shall establish a task force, to be composed of an equal number of--CommentsClose CommentsPermalink
(i) subject matter experts;CommentsClose CommentsPermalink
(ii) nongovernmental organizations with expertise regarding environmental policy;CommentsClose CommentsPermalink
(iii) academic experts with expertise in environmental law;CommentsClose CommentsPermalink
(iv) State and tribal officials with environmental expertise;CommentsClose CommentsPermalink
(v) representatives of State and tribal attorneys general;CommentsClose CommentsPermalink
(vi) representatives of the Environmental Protection Agency, the Department of the Interior, the Department of Energy, the Department of Transportation, and other relevant Federal agencies; andCommentsClose CommentsPermalink
(vii) members of the private sector.CommentsClose CommentsPermalink
(B) STUDY- The task force established under subparagraph (A) shall conduct a study of--CommentsClose CommentsPermalink
(i) existing Federal environmental statutes, State environmental statutes, and State common law that apply to geological storage sites for carbon dioxide, including the ability of those laws to serve as risk management tools;CommentsClose CommentsPermalink
(ii) the existing statutory framework, including Federal and State laws, that apply to harm and damage to the environment or public health at closed sites at which carbon dioxide injection has been used for enhanced hydrocarbon recovery;CommentsClose CommentsPermalink
(iii) the statutory framework, environmental health and safety considerations, implementation issues, and financial implications of potential models for Federal, State, or private sector assumption of liabilities and financial responsibilities with respect to closed geological storage sites;CommentsClose CommentsPermalink
(iv) private sector mechanisms, including insurance and bonding, that may be available to manage environmental, health, and safety risks from closed geological storage sites; andCommentsClose CommentsPermalink
(v) the subsurface mineral rights, water rights, and property rights issues associated with geological storage of carbon dioxide, including issues specific to Federal land.CommentsClose CommentsPermalink
(2) REPORT- Not later than 18 months after the date of enactment of this Act, the task force established under paragraph (1)(A) shall submit to Congress a report describing the results of the study conducted under that paragraph, including any consensus recommendations of the task force.CommentsClose CommentsPermalink
(b) Environmental Statutes-CommentsClose CommentsPermalink
(1) STUDY- The Administrator shall conduct a study of the means by which, and under what circumstances, the environmental statutes for which the Environmental Protection Agency has responsibility would apply to carbon dioxide injection and geological storage activities.CommentsClose CommentsPermalink
(2) REPORT- Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the results of the study conducted under paragraph (1).CommentsClose CommentsPermalink
SEC. 124. PERFORMANCE STANDARDS FOR COAL-FUELED POWER PLANTS.
(a) In General- Part A of title VIII of the Clean Air Act (as added by section 121 of division B) is amended by adding at the end the following:CommentsClose CommentsPermalink
‘SEC. 812. PERFORMANCE STANDARDS FOR NEW COAL-FIRED POWER PLANTS.
‘(a) Definitions- For purposes of this section:CommentsClose CommentsPermalink
‘(1) COVERED EGU- The term ‘covered EGU’ means a utility unit that is required to have a permit under section 503(a) and is authorized under State or Federal law to derive at least 30 percent of its annual heat input from coal, petroleum coke, or any combination of these fuels.CommentsClose CommentsPermalink
‘(2) INITIALLY PERMITTED- The term ‘initially permitted’ means that the owner or operator has received a preconstruction approval or permit under this Act, for the covered EGU as a new (not a modified) source, but administrative review or appeal of such approval or permit has not been exhausted. A subsequent modification of any such approval or permits, ongoing administrative or court review, appeals, or challenges, or the existence or tolling of any time to pursue further review, appeals, or challenges shall not affect the date on which a covered EGU is considered to be initially permitted under this paragraph.CommentsClose CommentsPermalink
‘(b) Standards- (1) A covered EGU that is initially permitted on or after January 1, 2020, shall achieve an emission limit that is a 65 percent reduction in emissions of the carbon dioxide produced by the unit, as measured on an annual basis, or meet such more stringent standard as the Administrator may establish pursuant to subsection (c).CommentsClose CommentsPermalink
‘(2) A covered EGU that is initially permitted after January 1, 2009, and before January 1, 2020, shall, by the applicable compliance date established under this paragraph, achieve an emission limit that is a 50 percent reduction in emissions of the carbon dioxide produced by the unit, as measured on an annual basis. Compliance with the requirement set forth in this paragraph shall be required by the earliest of the following:CommentsClose CommentsPermalink
‘(A) Four years after the date the Administrator has published pursuant to subsection (d) a report that there are in commercial operation in the United States electric generating units or other stationary sources equipped with carbon capture and sequestration technology that, in the aggregate--CommentsClose CommentsPermalink
‘(i) have a total of at least 4 gigawatts of nameplate generating capacity of which--CommentsClose CommentsPermalink
‘(I) at least 3 gigawatts must be electric generating units; andCommentsClose CommentsPermalink
‘(II) up to 1 gigawatt may be industrial applications, for which capture and sequestration of 3,000,000 tons of carbon dioxide per year on an aggregate annualized basis shall be considered equivalent to 1 gigawatt;CommentsClose CommentsPermalink
‘(ii) include at least 2 electric generating units, each with a nameplate generating capacity of 250 megawatts or greater, that capture, inject, and sequester carbon dioxide into geologic formations other than oil and gas fields; andCommentsClose CommentsPermalink
‘(iii) are capturing and sequestering in the aggregate at least 12,000,000 tons of carbon dioxide per year, calculated on an aggregate annualized basis.CommentsClose CommentsPermalink
‘(B) January 1, 2025.CommentsClose CommentsPermalink
‘(3) If the deadline for compliance with paragraph (2) is January 1, 2025, the Administrator may extend the deadline for compliance by a covered EGU by up to 18 months if the Administrator makes a determination, based on a showing by the owner or operator of the unit, that it will be technically infeasible for the unit to meet the standard by the deadline. The owner or operator must submit a request for such an extension by no later than January 1, 2022, and the Administrator shall provide for public notice and comment on the extension request.CommentsClose CommentsPermalink
‘(c) Review and Revision of Standards- Not later than 2025 and at 5-year intervals thereafter, the Administrator shall review the standards for new covered EGUs under this section and shall, by rule, reduce the maximum carbon dioxide emission rate for new covered EGUs to a rate which reflects the degree of emission limitation achievable through the application of the best system of emission reduction which (taking into account the cost of achieving such reduction and any nonair quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated.CommentsClose CommentsPermalink
‘(d) Reports- Not later than 18 months after the date of enactment of this title and semiannually thereafter, the Administrator shall publish a report on the nameplate capacity of units (determined pursuant to subsection (b)(2)(A)) in commercial operation in the United States equipped with carbon capture and sequestration technology, including the information described in subsection (b)(2)(A) (including the cumulative generating capacity to which carbon capture and sequestration retrofit projects meeting the criteria described in section 775(b)(1)(A)(ii) and (b)(1)(A)(iv)(II) has been applied and the quantities of carbon dioxide captured and sequestered by such projects).CommentsClose CommentsPermalink
‘(e) Regulations- Not later than 2 years after the date of enactment of this title, the Administrator shall promulgate regulations to carry out the requirements of this section.’.CommentsClose CommentsPermalink
SEC. 125. CARBON CAPTURE AND SEQUESTRATION DEMONSTRATION AND EARLY DEPLOYMENT PROGRAM.
(a) Definitions- For purposes of this section:CommentsClose CommentsPermalink
(1) SECRETARY- The term ‘Secretary’ means the Secretary of Energy.CommentsClose CommentsPermalink
(2) DISTRIBUTION UTILITY- The term ‘distribution utility’ means an entity that distributes electricity directly to retail consumers under a legal, regulatory, or contractual obligation to do so.CommentsClose CommentsPermalink
(3) ELECTRIC UTILITY- The term ‘electric utility’ has the meaning provided by section 3 of the Federal Power Act (
(4) FOSSIL FUEL-BASED ELECTRICITY- The term ‘fossil fuel-based electricity’ means electricity that is produced from the combustion of fossil fuels.CommentsClose CommentsPermalink
(5) FOSSIL FUEL- The term ‘fossil fuel’ means coal, petroleum, natural gas or any derivative of coal, petroleum, or natural gas.CommentsClose CommentsPermalink
(6) CORPORATION- The term ‘Corporation’ means the Carbon Storage Research Corporation established in accordance with this section.CommentsClose CommentsPermalink
(7) QUALIFIED INDUSTRY ORGANIZATION- The term ‘qualified industry organization’ means the Edison Electric Institute, the American Public Power Association, the National Rural Electric Cooperative Association, a successor organization of such organizations, or a group of owners or operators of distribution utilities delivering fossil fuel-based electricity who collectively represent at least 20 percent of the volume of fossil fuel-based electricity delivered by distribution utilities to consumers in the United States.CommentsClose CommentsPermalink
(8) RETAIL CONSUMER- The term ‘retail consumer’ means an end-user of electricity.CommentsClose CommentsPermalink
(b) Carbon Storage Research Corporation-CommentsClose CommentsPermalink
(1) ESTABLISHMENT-CommentsClose CommentsPermalink
(A) REFERENDUM- Qualified industry organizations may conduct, at their own expense, a referendum among the owners or operators of distribution utilities delivering fossil fuel-based electricity for the creation of a Carbon Storage Research Corporation. Such referendum shall be conducted by an independent auditing firm agreed to by the qualified industry organizations. Voting rights in such referendum shall be based on the quantity of fossil fuel-based electricity delivered to consumers in the previous calendar year or other representative period as determined by the Secretary pursuant to subsection (f). Upon approval of those persons representing two-thirds of the total quantity of fossil fuel-based electricity delivered to retail consumers, the Corporation shall be established unless opposed by the State regulatory authorities pursuant to subparagraph (B). All distribution utilities voting in the referendum shall certify to the independent auditing firm the quantity of fossil fuel-based electricity represented by their vote.CommentsClose CommentsPermalink
(B) STATE REGULATORY AUTHORITIES- Upon its own motion or the petition of a qualified industry organization, each State regulatory authority shall consider its support or opposition to the creation of the Corporation under subparagraph (A). State regulatory authorities may notify the independent auditing firm referred to in subparagraph (A) of their views on the creation of the Corporation within 180 days after the date of enactment of this Act. If 40 percent or more of the State regulatory authorities submit to the independent auditing firm written notices of opposition, the Corporation shall not be established notwithstanding the approval of the qualified industry organizations as provided in subparagraph (A).CommentsClose CommentsPermalink
(2) TERMINATION- The Corporation shall be authorized to collect assessments and conduct operations pursuant to this section for a 10-year period from the date 6 months after the date of enactment of this Act. After such 10-year period, the Corporation is no longer authorized to collect assessments and shall be dissolved on the date 15 years after such date of enactment, unless the period is extended by an Act of Congress.CommentsClose CommentsPermalink
(3) GOVERNANCE- The Corporation shall operate as a division or affiliate of the Electric Power Research Institute (referred to in this section as ‘EPRI’) and be managed by a Board of not more than 15 voting members responsible for its operations, including compliance with this section. EPRI, in consultation with the Edison Electric Institute, the American Public Power Association and the National Rural Electric Cooperative Association shall appoint the Board members under clauses (i), (ii), and (iii) of subparagraph (A) from among candidates recommended by those organizations. At least a majority of the Board members appointed by EPRI shall be representatives of distribution utilities subject to assessments under subsection (d).CommentsClose CommentsPermalink
(A) MEMBERS- The Board shall include at least 1 representative of each of the following:CommentsClose CommentsPermalink
(i) Investor-owned utilities.CommentsClose CommentsPermalink
(ii) Utilities owned by a State agency, a municipality, and an Indian tribe.CommentsClose CommentsPermalink
(iii) Rural electric cooperatives.CommentsClose CommentsPermalink
(iv) Fossil fuel producers.CommentsClose CommentsPermalink
(v) Nonprofit environmental organizations.CommentsClose CommentsPermalink
(vi) Independent generators or wholesale power providers.CommentsClose CommentsPermalink
(vii) Consumer groups.CommentsClose CommentsPermalink
(viii) The National Energy Technology laboratory of the Department of Energy.CommentsClose CommentsPermalink
(ix) The Environmental Protection Agency.CommentsClose CommentsPermalink
(B) NONVOTING MEMBERS- The Board shall also include as additional nonvoting Members the Secretary of Energy or his designee and 2 representatives of State regulatory authorities as defined in section 3 of the Public Utility Regulatory Policies Act of 1978 (
(4) COMPENSATION- Corporation Board members shall receive no compensation for their services, nor shall Corporation Board members be reimbursed for expenses relating to their service.CommentsClose CommentsPermalink
(5) TERMS- Corporation Board members shall serve terms of 4 years and may serve not more than 2 full consecutive terms. Members filling unexpired terms may serve not more than a total of 8 consecutive years. Former members of the Corporation Board may be reappointed to the Corporation Board if they have not been members for a period of 2 years. Initial appointments to the Corporation Board shall be for terms of 1, 2, 3, and 4 years, staggered to provide for the selection of 3 members each year.CommentsClose CommentsPermalink
(6) STATUS OF CORPORATION- The Corporation shall not be considered to be an agency, department, or instrumentality of the United States, and no officer or director or employee of the Corporation shall be considered to be an officer or employee of the United States Government, for purposes of title 5 or title 31 of the United States Code, or for any other purpose, and no funds of the Corporation shall be treated as public money for purposes of chapter 33 of title 31, United States Code, or for any other purpose.CommentsClose CommentsPermalink
(c) Functions and Administration of the Corporation-CommentsClose CommentsPermalink
(1) IN GENERAL- The Corporation shall establish and administer a program to accelerate the commercial availability of carbon dioxide capture and storage technologies and methods, including technologies which capture and store, or capture and convert, carbon dioxide. Under such program competitively awarded grants, contracts, and financial assistance shall be provided and entered into with eligible entities. Except as provided in paragraph (8), the Corporation shall use all funds derived from assessments under subsection (d) to issue grants and contracts to eligible entities.CommentsClose CommentsPermalink
(2) PURPOSE- The purposes of the grants, contracts, and assistance under this subsection shall be to support commercial-scale demonstrations of carbon capture or storage technology projects capable of advancing the technologies to commercial readiness. Such projects should encompass a range of different coal and other fossil fuel varieties, be geographically diverse, involve diverse storage media, and employ capture or storage, or capture and conversion, technologies potentially suitable either for new or for retrofit applications. The Corporation shall seek, to the extent feasible, to support at least 5 commercial-scale demonstration projects integrating carbon capture and sequestration or conversion technologies.CommentsClose CommentsPermalink
(3) ELIGIBLE ENTITIES- Entities eligible for grants, contracts or assistance under this subsection may include distribution utilities, electric utilities and other private entities, academic institutions, national laboratories, Federal research agencies, State and tribal research agencies, nonprofit organizations, or consortiums of 2 or more entities. Pilot-scale and similar small-scale projects are not eligible for support by the Corporation. Owners or developers of projects supported by the Corporation shall, where appropriate, share in the costs of such projects. Projects supported by the Corporation shall meet the eligibility criteria of section 780(b) of the Clean Air Act.CommentsClose CommentsPermalink
(4) GRANTS FOR EARLY MOVERS- Fifty percent of the funds raised under this section shall be provided in the form of grants to electric utilities that had, prior to the award of any grant under this section, committed resources to deploy a large scale electricity generation unit with integrated carbon capture and sequestration or conversion applied to a substantial portion of the unit’s carbon dioxide emissions. Grant funds shall be provided to defray costs incurred by such electricity utilities for at least 5 such electricity generation units.CommentsClose CommentsPermalink
(5) ADMINISTRATION- The members of the Board of Directors of the Corporation shall elect a Chairman and other officers as necessary, may establish committees and subcommittees of the Corporation, and shall adopt rules and bylaws for the conduct of business and the implementation of this section. The Board shall appoint an Executive Director and professional support staff who may be employees of the Electric Power Research Institute (EPRI). After consultation with the Technical Advisory Committee established under subsection (j), the Secretary, and the Director of the National Energy Technology Laboratory to obtain advice and recommendations on plans, programs, and project selection criteria, the Board shall establish priorities for grants, contracts, and assistance; publish requests for proposals for grants, contracts, and assistance; and award grants, contracts, and assistance competitively, on the basis of merit, after the establishment of procedures that provide for scientific peer review by the Technical Advisory Committee. The Board shall give preference to applications that reflect the best overall value and prospect for achieving the purposes of the section, such as those which demonstrate an integrated approach for capture and storage or capture and conversion technologies. The Board members shall not participate in making grants or awards to entities with whom they are affiliated.CommentsClose CommentsPermalink
(6) USES OF GRANTS, CONTRACTS, AND ASSISTANCE- A grant, contract, or other assistance provided under this subsection may be used to purchase carbon dioxide when needed to conduct tests of carbon dioxide storage sites, in the case of established projects that are storing carbon dioxide emissions, or for other purposes consistent with the purposes of this section. The Corporation shall make publicly available at no cost information learned as a result of projects which it supports financially.CommentsClose CommentsPermalink
(7) INTELLECTUAL PROPERTY- The Board shall establish policies regarding the ownership of intellectual property developed as a result of Corporation grants and other forms of technology support. Such policies shall encourage individual ingenuity and invention.CommentsClose CommentsPermalink
(8) ADMINISTRATIVE EXPENSES- Up to 5 percent of the funds collected in any fiscal year under subsection (d) may be used for the administrative expenses of operating the Corporation (not including costs incurred in the determination and collection of the assessments pursuant to subsection (d)).CommentsClose CommentsPermalink
(9) PROGRAMS AND BUDGET- Before August 1 each year, the Corporation, after consulting with the Technical Advisory Committee and the Secretary and the Director of the Department’s National Energy Technology Laboratory and other interested parties to obtain advice and recommendations, shall publish for public review and comment its proposed plans, programs, project selection criteria, and projects to be funded by the Corporation for the next calendar year. The Corporation shall also publish for public review and comment a budget plan for the next calendar year, including the probable costs of all programs, projects, and contracts and a recommended rate of assessment sufficient to cover such costs. The Secretary may recommend programs and activities the Secretary considers appropriate. The Corporation shall include in the first publication it issues under this paragraph a strategic plan or roadmap for the achievement of the purposes of the Corporation, as set forth in paragraph (2).CommentsClose CommentsPermalink
(10) RECORDS; AUDITS- The Corporation shall keep minutes, books, and records that clearly reflect all of the acts and transactions of the Corporation and make public such information. The books of the Corporation shall be audited by a certified public accountant at least once each fiscal year and at such other times as the Corporation may designate. Copies of each audit shall be provided to the Congress, all Corporation board members, all qualified industry organizations, each State regulatory authority and, upon request, to other members of the industry. If the audit determines that the Corporation’s practices fail to meet generally accepted accounting principles the assessment collection authority of the Corporation under subsection (d) shall be suspended until a certified public accountant renders a subsequent opinion that the failure has been corrected. The Corporation shall make its books and records available for review by the Secretary or the Comptroller General of the United States.CommentsClose CommentsPermalink
(11) PUBLIC ACCESS- The Corporation Board’s meetings shall be open to the public and shall occur after at least 30 days advance public notice. Meetings of the Board of Directors may be closed to the public where the agenda of such meetings includes only confidential matters pertaining to project selection, the award of grants or contracts, personnel matters, or the receipt of legal advice. The minutes of all meetings of the Corporation shall be made available to and readily accessible by the public.CommentsClose CommentsPermalink
(12) ANNUAL REPORT- Each year the Corporation shall prepare and make publicly available a report which includes an identification and description of all programs and projects undertaken by the Corporation during the previous year. The report shall also detail the allocation or planned allocation of Corporation resources for each such program and project. The Corporation shall provide its annual report to the Congress, the Secretary, each State regulatory authority, and upon request to the public. The Secretary shall, not less than 60 days after receiving such report, provide to the President and Congress a report assessing the progress of the Corporation in meeting the objectives of this section.CommentsClose CommentsPermalink
(d) Assessments-CommentsClose CommentsPermalink
(1) AMOUNT- (A) In all calendar years following its establishment, the Corporation shall collect an assessment on distribution utilities for all fossil fuel-based electricity delivered directly to retail consumers (as determined under subsection (f)). The assessments shall reflect the relative carbon dioxide emission rates of different fossil fuel-based electricity, and initially shall be not less than the following amounts for coal, natural gas, and oil:CommentsClose CommentsPermalink
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Fuel type Rate of assessment per kilowatt hour CommentsClose CommentsPermalink
Coal $0.00043 CommentsClose CommentsPermalink
Natural Gas $0.00022 CommentsClose CommentsPermalink
Oil $0.00032. CommentsClose CommentsPermalink
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(B) The Corporation is authorized to adjust the assessments on fossil fuel-based electricity to reflect changes in the expected quantities of such electricity from different fuel types, such that the assessments generate not less than $1.0 billion and not more than $1.1 billion annually. The Corporation is authorized to supplement assessments through additional financial commitments.CommentsClose CommentsPermalink
(2) INVESTMENT OF FUNDS- Pending disbursement pursuant to a program, plan, or project, the Corporation may invest funds collected through assessments under this subsection, and any other funds received by the Corporation, only in obligations of the United States or any agency thereof, in general obligations of any State or any political subdivision thereof, in any interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System, or in obligations fully guaranteed as to principal and interest by the United States.CommentsClose CommentsPermalink
(3) REVERSION OF UNUSED FUNDS- If the Corporation does not disburse, dedicate or assign 75 percent or more of the available proceeds of the assessed fees in any calendar year 7 or more years following its establishment, due to an absence of qualified projects or similar circumstances, it shall reimburse the remaining undedicated or unassigned balance of such fees, less administrative and other expenses authorized by this section, to the distribution utilities upon which such fees were assessed, in proportion to their collected assessments.CommentsClose CommentsPermalink
(e) ERCOT-CommentsClose CommentsPermalink
(1) ASSESSMENT, COLLECTION, AND REMITTANCE- (A) Notwithstanding any other provision of this section, within ERCOT, the assessment provided for in subsection (d) shall be--CommentsClose CommentsPermalink
(i) levied directly on qualified scheduling entities, or their successor entities;CommentsClose CommentsPermalink
(ii) charged consistent with other charges imposed on qualified scheduling entities as a fee on energy used by the load-serving entities; andCommentsClose CommentsPermalink
(iii) collected and remitted by ERCOT to the Corporation in the amounts and in the same manner as set forth in subsection (d).CommentsClose CommentsPermalink
(B) The assessment amounts referred to in subparagraph (A) shall be--CommentsClose CommentsPermalink
(i) determined by the amount and types of fossil fuel-based electricity delivered directly to all retail customers in the prior calendar year beginning with the year ending immediately prior to the period described in subsection (b)(2); andCommentsClose CommentsPermalink
(ii) take into account the number of renewable energy credits retired by the load-serving entities represented by a qualified scheduling entity within the prior calendar year.CommentsClose CommentsPermalink
(2) ADMINISTRATION EXPENSES- Up to 1 percent of the funds collected in any fiscal year by ERCOT under the provisions of this subsection may be used for the administrative expenses incurred in the determination, collection and remittance of the assessments to the Corporation.CommentsClose CommentsPermalink
(3) AUDIT- ERCOT shall provide a copy of its annual audit pertaining to the administration of the provisions of this subsection to the Corporation.CommentsClose CommentsPermalink
(4) DEFINITIONS- For the purposes of this subsection:CommentsClose CommentsPermalink
(A) The term ‘ERCOT’ means the Electric Reliability Council of Texas.CommentsClose CommentsPermalink
(B) The term ‘load-serving entities’ has the meaning adopted by ERCOT Protocols and in effect on the date of enactment of this Act.CommentsClose CommentsPermalink
(C) The term ‘qualified scheduling entities’ has the meaning adopted by ERCOT Protocols and in effect on the date of enactment of this Act.CommentsClose CommentsPermalink
(D) The term ‘renewable energy credit’ has the meaning as promulgated and adopted by the Public Utility Commission of Texas pursuant to section 39.904(b) of the Public Utility Regulatory Act of 1999, and in effect on the date of enactment of this Act.CommentsClose CommentsPermalink
(f) Determination of Fossil Fuel-Based Electricity Deliveries-CommentsClose CommentsPermalink
(1) FINDINGS- The Congress finds that:CommentsClose CommentsPermalink
(A) The assessments under subsection (d) are to be collected based on the amount of fossil fuel-based electricity delivered by each distribution utility.CommentsClose CommentsPermalink
(B) Since many distribution utilities purchase all or part of their retail consumer’s electricity needs from other entities, it may not be practical to determine the precise fuel mix for the power sold by each individual distribution utility.CommentsClose CommentsPermalink
(C) It may be necessary to use average data, often on a regional basis with reference to Regional Transmission Organization (‘RTO’) or NERC regions, to make the determinations necessary for making assessments.CommentsClose CommentsPermalink
(2) DOE PROPOSED RULE- The Secretary, acting in close consultation with the Energy Information Administration, shall issue for notice and comment a proposed rule to determine the level of fossil fuel electricity delivered to retail customers by each distribution utility in the United States during the most recent calendar year or other period determined to be most appropriate. Such proposed rule shall balance the need to be efficient, reasonably precise, and timely, taking into account the nature and cost of data currently available and the nature of markets and regulation in effect in various regions of the country. Different methodologies may be applied in different regions if appropriate to obtain the best balance of such factors.CommentsClose CommentsPermalink
(3) FINAL RULE- Within 6 months after the date of enactment of this Act, and after opportunity for comment, the Secretary shall issue a final rule under this subsection for determining the level and type of fossil fuel-based electricity delivered to retail customers by each distribution utility in the United States during the appropriate period. In issuing such rule, the Secretary may consider opportunities and costs to develop new data sources in the future and issue recommendations for the Energy Information Administration or other entities to collect such data. After notice and opportunity for comment the Secretary may, by rule, subsequently update and modify the methodology for making such determinations.CommentsClose CommentsPermalink
(4) ANNUAL DETERMINATIONS- Pursuant to the final rule issued under paragraph (3), the Secretary shall make annual determinations of the amounts and types for each such utility and publish such determinations in the Federal Register. Such determinations shall be used to conduct the referendum under subsection (b) and by the Corporation in applying any assessment under this subsection.CommentsClose CommentsPermalink
(5) REHEARING AND JUDICIAL REVIEW- The owner or operator of any distribution utility that believes that the Secretary has misapplied the methodology in the final rule in determining the amount and types of fossil fuel electricity delivered by such distribution utility may seek rehearing of such determination within 30 days of publication of the determination in the Federal Register. The Secretary shall decide such rehearing petitions within 30 days. The Secretary’s determinations following rehearing shall be final and subject to judicial review in the United States Court of Appeals for the District of Columbia.CommentsClose CommentsPermalink
(g) Compliance With Corporation Assessments- The Corporation may bring an action in the appropriate court of the United States to compel compliance with an assessment levied by the Corporation under this section. A successful action for compliance under this subsection may also require payment by the defendant of the costs incurred by the Corporation in bringing such action.CommentsClose CommentsPermalink
(h) Midcourse Review- Not later than 5 years following establishment of the Corporation, the Comptroller General of the United States shall prepare an analysis, and report to Congress, assessing the Corporation’s activities, including project selection and methods of disbursement of assessed fees, impacts on the prospects for commercialization of carbon capture and storage technologies, adequacy of funding, and administration of funds. The report shall also make such recommendations as may be appropriate in each of these areas. The Corporation shall reimburse the Government Accountability Office for the costs associated with performing this midcourse review.CommentsClose CommentsPermalink
(i) Recovery of Costs-CommentsClose CommentsPermalink
(1) IN GENERAL- A distribution utility whose transmission, delivery, or sales of electric energy are subject to any form of rate regulation shall not be denied the opportunity to recover the full amount of the prudently incurred costs associated with complying with this section, consistent with applicable State or Federal law.CommentsClose CommentsPermalink
(2) RATEPAYER REBATES- Regulatory authorities that approve cost recovery pursuant to paragraph (1) may order rebates to ratepayers to the extent that distribution utilities are reimbursed undedicated or unassigned balances pursuant to subsection (d)(3).CommentsClose CommentsPermalink
(j) Technical Advisory Committee-CommentsClose CommentsPermalink
(1) ESTABLISHMENT- There is established an advisory committee, to be known as the ‘Technical Advisory Committee’.CommentsClose CommentsPermalink
(2) MEMBERSHIP- The Technical Advisory Committee shall be comprised of not less than 7 members appointed by the Board from among academic institutions, national laboratories, independent research institutions, and other qualified institutions. No member of the Committee shall be affiliated with EPRI or with any organization having members serving on the Board. At least one member of the Committee shall be appointed from among officers or employees of the Department of Energy recommended to the Board by the Secretary of Energy.CommentsClose CommentsPermalink
(3) CHAIRPERSON AND VICE CHAIRPERSON- The Board shall designate one member of the Technical Advisory Committee to serve as Chairperson of the Committee and one to serve as Vice Chairperson of the Committee.CommentsClose CommentsPermalink
(4) COMPENSATION- The Board shall provide compensation to members of the Technical Advisory Committee for travel and other incidental expenses and such other compensation as the Board determines to be necessary.CommentsClose CommentsPermalink
(5) PURPOSE- The Technical Advisory Committee shall provide independent assessments and technical evaluations, as well as make non-binding recommendations to the Board, concerning Corporation activities, including but not limited to the following:CommentsClose CommentsPermalink
(A) Reviewing and evaluating the Corporation’s plans and budgets described in subsection (c)(9), as well as any other appropriate areas, which could include approaches to prioritizing technologies, appropriateness of engineering techniques, monitoring and verification technologies for storage, geological site selection, and cost control measures.CommentsClose CommentsPermalink
(B) Making annual non-binding recommendations to the Board concerning any of the matters referred to in subparagraph (A), as well as what types of investments, scientific research, or engineering practices would best further the goals of the Corporation.CommentsClose CommentsPermalink
(6) PUBLIC AVAILABILITY- All reports, evaluations, and other materials of the Technical Advisory Committee shall be made available to the public by the Board, without charge, at time of receipt by the Board.CommentsClose CommentsPermalink
(k) Lobbying Restrictions- No funds collected by the Corporation shall be used in any manner for influencing legislation or elections, except that the Corporation may recommend to the Secretary and the Congress changes in this section or other statutes that would further the purposes of this section.CommentsClose CommentsPermalink
(l) Davis-Bacon Compliance- The Corporation shall ensure that entities receiving grants, contracts, or other financial support from the Corporation for the project activities authorized by this section are in compliance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the ‘Davis-Bacon Act’).CommentsClose CommentsPermalink
Subtitle C--Nuclear and Advanced TechnologiesCommentsClose CommentsPermalink
SEC. 131. FINDINGS AND POLICY.
(a) Findings- Congress finds that--CommentsClose CommentsPermalink
(1) in 2008, 104 nuclear power plants produced 19.6 percent of the electricity generated in the United States, slightly less than the electricity generated by natural gas;CommentsClose CommentsPermalink
(2) nuclear energy is the largest provider of clean, low-carbon, electricity, almost 8 times larger than all renewable power production combined, excluding hydroelectric power;CommentsClose CommentsPermalink
(3) nuclear energy supplies consistent, base-load electricity, independent of environmental conditions;CommentsClose CommentsPermalink
(4) by displacing fossil fuels that would otherwise be used for electricity production, nuclear power plants virtually eliminate emissions of greenhouse gases and criteria pollutants associated with acid rain, smog, or ozone;CommentsClose CommentsPermalink
(5) nuclear power generation continues to require robust efforts to address issues of safety, waste, and proliferation;CommentsClose CommentsPermalink
(6) even if every nuclear plant is granted a 20-year extension, all currently operating nuclear plants will be retired by 2055;CommentsClose CommentsPermalink
(7) long lead times for nuclear power plant construction indicate that action to stimulate the nuclear power industry should not be delayed;CommentsClose CommentsPermalink
(8) the high upfront capital costs of nuclear plant construction remain a substantial obstacle, despite theoretical potential for significant cost reduction;CommentsClose CommentsPermalink
(9) translating theoretical cost reduction potential into actual reduced construction costs remains a significant industry challenge that can be overcome only through demonstrated performance;CommentsClose CommentsPermalink
(10) as of January 2009, 17 companies and consortia have submitted applications to the Nuclear Regulatory Commission for 26 new reactors in the United States;CommentsClose CommentsPermalink
(11) those proposed reactors will use the latest in nuclear technology for efficiency and safety, more advanced than the technology of the 1960s and 1970s found in the reactors currently operating in the United States;CommentsClose CommentsPermalink
(12) increased resources for the Nuclear Regulatory Commission and reform of the licensing process have improved the safety and timeliness of the regulatory environment;CommentsClose CommentsPermalink
(13) the United States has not built a new reactor since the 1970s and, as a result, will need to revitalize and retool the institutions and infrastructure necessary to construct, maintain, and support new reactors, including improvements in manufacturing of nuclear components and training for the next generation nuclear workforce; andCommentsClose CommentsPermalink
(14) those new reactors will launch a new era for the nuclear industry, and translate into tens of thousands of jobs.CommentsClose CommentsPermalink
(b) Statement of Policy- It is the policy of the United States, given the importance of transitioning to a clean energy, low-carbon economy, to facilitate the continued development and growth of a safe and clean nuclear energy industry, through--CommentsClose CommentsPermalink
(1) reductions in financial and technical barriers to construction and operation; andCommentsClose CommentsPermalink
(2) incentives for the development of a well-trained workforce and the growth of safe domestic nuclear and nuclear-related industries.CommentsClose CommentsPermalink
SEC. 132. NUCLEAR WORKER TRAINING.
(a) Definition of Applicable Period- In this section, the term ‘applicable period’ means--CommentsClose CommentsPermalink
(1) the 5-year period beginning on January 1, 2012; andCommentsClose CommentsPermalink
(2) each 5-year period beginning on each January 1 thereafter.CommentsClose CommentsPermalink
(b) Use of Funds- Of amounts made available to carry out this section for the calendar years in each applicable period--CommentsClose CommentsPermalink
(1) the Secretary of Energy shall use such amounts for each applicable period as the Secretary of Energy determines to be necessary to increase the number and amounts of nuclear science talent expansion grants and nuclear science competitiveness grants provided under section 5004 of the America COMPETES Act (
(2) the Secretary of Labor, in consultation with nuclear energy entities and organized labor, shall use such amounts for each applicable period as the Secretary of Labor determines to be necessary to carry out programs expanding workforce training to meet the high demand for workers skilled in nuclear power plant construction and operation, including programs for--CommentsClose CommentsPermalink
(A) electrical craft certification;CommentsClose CommentsPermalink
(B) preapprenticeship career technical education for industrialized skilled crafts that are useful in the construction of nuclear power plants;CommentsClose CommentsPermalink
(C) community college and skill center training for nuclear power plant technicians;CommentsClose CommentsPermalink
(D) training of construction management personnel for nuclear power plant construction projects; andCommentsClose CommentsPermalink
(E) regional grants for integrated nuclear energy workforce development programs.CommentsClose CommentsPermalink
SEC. 133. NUCLEAR SAFETY AND WASTE MANAGEMENT PROGRAMS.
(a) Nuclear Facility Long-Term Operations Research and Development Program-CommentsClose CommentsPermalink
(1) ESTABLISHMENT- As soon as practicable after the date of enactment of this Act, the Secretary of Energy (referred to in this section as the ‘Secretary’) shall establish a research and development program--CommentsClose CommentsPermalink
(A) to address the reliability, availability, productivity, component aging, safety, and security of nuclear power plants;CommentsClose CommentsPermalink
(B) to improve the performance of nuclear power plants;CommentsClose CommentsPermalink
(C) to sustain the health and safety of employees of nuclear power plants;CommentsClose CommentsPermalink
(D) to assess the feasibility of nuclear power plants to continue to provide clean and economic electricity safely, substantially beyond the first license extension period of the nuclear power plants, which will--CommentsClose CommentsPermalink
(i) significantly contribute to the energy security of the United States; andCommentsClose CommentsPermalink
(ii) help protect the environment of the United States; andCommentsClose CommentsPermalink
(E) to support significant carbon reductions, lower overall costs that are required to reduce carbon emissions, and increase energy security.CommentsClose CommentsPermalink
(2) CONDUCT OF PROGRAM-CommentsClose CommentsPermalink
(A) IN GENERAL- In carrying out the program established under paragraph (1), the Secretary shall--CommentsClose CommentsPermalink
(i) build a fundamental scientific basis to understand, predict, and measure changes in materials, systems, structures, equipment, and components as the materials, systems, structures, equipment, and components age through continued operations in long-term service environments;CommentsClose CommentsPermalink
(ii) develop new safety analysis tools and methods to enhance the performance and safety of nuclear power plants;CommentsClose CommentsPermalink
(iii) develop advanced online monitoring, control, and diagnostics technologies to prevent equipment failures and improve the safety of nuclear power plants;CommentsClose CommentsPermalink
(iv) establish a technical basis for advanced fuel designs (including silicon carbide fuel cladding) to increase the safety margins of nuclear power plants; andCommentsClose CommentsPermalink
(v) examine issues, including--CommentsClose CommentsPermalink
(I) issues relating to material degradation, plant aging, and technology upgrades; andCommentsClose CommentsPermalink
(II) any other issue that would impact decisions to extend the lifespan of nuclear power plants.CommentsClose CommentsPermalink
(B) TECHNICAL SUPPORT- In carrying out the program established under paragraph (1), the Secretary shall provide to the Chairman of the Nuclear Regulatory Commission information collected under the program--CommentsClose CommentsPermalink
(i) to help ensure informed decisions regarding the extension of the life of nuclear power plants beyond a 60-year lifespan; andCommentsClose CommentsPermalink
(ii) for the licensing and long-term management, and safe and economical operation, of nuclear power plants.CommentsClose CommentsPermalink
(b) Spent Nuclear Waste Disposal Research and Development Program-CommentsClose CommentsPermalink
(1) ESTABLISHMENT- As soon as practicable after the date of enactment of this Act, the Secretary shall establish a research and development program to improve the understanding of nuclear spent fuel management and the entire nuclear fuel cycle life.CommentsClose CommentsPermalink
(2) CONDUCT OF PROGRAM- In carrying out the program established under paragraph (1), the Secretary shall carry out science-based research and development activities to pursue dramatic improvements in a range of nuclear spent fuel management options, including short-term and long-term storage and disposal, and proliferation-resistant nuclear spent fuel recycling.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
Subtitle D--Water EfficiencyCommentsClose CommentsPermalink
SEC. 141. WATERSENSE.
(a) In General- There is established within the Environmental Protection Agency a WaterSense program to identify and promote water-efficient products, buildings, landscapes, facilities, processes, and services, so as--CommentsClose CommentsPermalink
(1) to reduce water use;CommentsClose CommentsPermalink
(2) to reduce the strain on water, wastewater, and stormwater infrastructure;CommentsClose CommentsPermalink
(3) to conserve energy used to pump, heat, transport, and treat water; andCommentsClose CommentsPermalink
(4) to preserve water resources for future generations, through voluntary labeling of, or other forms of communications about, products, buildings, landscapes, facilities, processes, and services that meet the highest water efficiency and performance criteria.CommentsClose CommentsPermalink
(b) Duties- The Administrator shall--CommentsClose CommentsPermalink
(1) establish--CommentsClose CommentsPermalink
(A) a WaterSense label to be used for certain items; andCommentsClose CommentsPermalink
(B) the procedure by which an item may be certified to display the WaterSense label;CommentsClose CommentsPermalink
(2) promote WaterSense-labeled products, buildings, landscapes, facilities, processes, and services in the market place as the preferred technologies and services for--CommentsClose CommentsPermalink
(A) reducing water use; andCommentsClose CommentsPermalink
(B) ensuring product and service performance;CommentsClose CommentsPermalink
(3) work to enhance public awareness of the WaterSense label through public outreach, education, and other means;CommentsClose CommentsPermalink
(4) preserve the integrity of the WaterSense label by--CommentsClose CommentsPermalink
(A) establishing and maintaining performance criteria so that products, buildings, landscapes, facilities, processes, and services labeled with the WaterSense label perform as well or better than less water-efficient counterparts;CommentsClose CommentsPermalink
(B) overseeing WaterSense certifications made by third parties;CommentsClose CommentsPermalink
(C) conducting reviews of the use of the WaterSense label in the marketplace and taking corrective action in any case in which misuse of the label is identified; andCommentsClose CommentsPermalink
(D) carrying out such other measures as the Administrator determines to be appropriate;CommentsClose CommentsPermalink
(5) regularly review and, if appropriate, update WaterSense criteria for categories of products, buildings, landscapes, facilities, processes, and services, at least once every 4 years;CommentsClose CommentsPermalink
(6) to the maximum extent practicable, regularly estimate and make available to the public the production and relative market shares of, and the savings of water, energy, and capital costs of water, wastewater, and stormwater infrastructure attributable to the use of WaterSense-labeled products, buildings, landscapes, facilities, processes, and services, at least annually;CommentsClose CommentsPermalink
(7) solicit comments from interested parties and the public prior to establishing or revising a WaterSense category, specification, installation criterion, or other criterion (or prior to effective dates for any such category, specification, installation criterion, or other criterion);CommentsClose CommentsPermalink
(8) provide reasonable notice to interested parties and the public of any changes (including effective dates), on the adoption of a new or revised category, specification, installation criterion, or other criterion, along with--CommentsClose CommentsPermalink
(A) an explanation of the changes; andCommentsClose CommentsPermalink
(B) as appropriate, responses to comments submitted by interested parties and the public;CommentsClose CommentsPermalink
(9) provide appropriate lead time (as determined by the Administrator) prior to the applicable effective date for a new or significant revision to a category, specification, installation criterion, or other criterion, taking into account the timing requirements of the manufacturing, marketing, training, and distribution process for the specific product, building and landscape, or service category addressed;CommentsClose CommentsPermalink
(10) identify and, if appropriate, implement other voluntary approaches in commercial, institutional, residential, industrial, and municipal sectors to encourage recycling and reuse technologies to improve water efficiency or lower water use; andCommentsClose CommentsPermalink
(11) where appropriate, apply the WaterSense label to water-using products that are labeled by the Energy Star program implemented by the Administrator and the Secretary of Energy.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There are authorized to be appropriated to carry out this section--CommentsClose CommentsPermalink
(1) $7,500,000 for fiscal year 2010;CommentsClose CommentsPermalink
(2) $10,000,000 for fiscal year 2011;CommentsClose CommentsPermalink
(3) $20,000,000 for fiscal year 2012;CommentsClose CommentsPermalink
(4) $50,000,000 for fiscal year 2013; andCommentsClose CommentsPermalink
(5) for each subsequent fiscal year, the applicable amount during the preceding fiscal year, as adjusted to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.CommentsClose CommentsPermalink
SEC. 142. FEDERAL PROCUREMENT OF WATER-EFFICIENT PRODUCTS.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) AGENCY- The term ‘Agency’ has the meaning given the term in
(2) FEMP-DESIGNATED PRODUCT- The term ‘FEMP-designated product’ means a product that is designated under the Federal Energy Management Program of the Department of Energy as being among the highest 25 percent of equivalent products for efficiency.CommentsClose CommentsPermalink
(3) PRODUCT, BUILDING, LANDSCAPE, FACILITY, PROCESS, AND SERVICE- The terms ‘product’, ‘building’, ‘landscape’, ‘facility’, ‘process’, and ‘service’ do not include--CommentsClose CommentsPermalink
(A) any water-using product, building, landscape, facility, process, or service designed or procured for combat or combat-related missions; orCommentsClose CommentsPermalink
(B) any product, building, landscape, facility, process, or service already covered by the Federal procurement regulations established under section 553 of the National Energy Conservation Policy Act (
(4) WaterSENSE PRODUCT, BUILDING, LANDSCAPE, FACILITY, PROCESS, OR SERVICE- The term ‘WaterSense product, building, landscape, facility, process, or service’ means a product, building, landscape, facility, process, or service that is labeled for water efficiency under the WaterSense program.CommentsClose CommentsPermalink
(5) WaterSENSE PROGRAM- The term ‘WaterSense program’ means the program established by section 141.CommentsClose CommentsPermalink
(b) Procurement of Water-Efficient Products-CommentsClose CommentsPermalink
(1) REQUIREMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- To meet the requirements of an agency for a water-using product, building, landscape, facility, process, or service, the head of an Agency shall, except as provided in paragraph (2), procure--CommentsClose CommentsPermalink
(i) a WaterSense product, building, landscape, facility, process, or service; orCommentsClose CommentsPermalink
(ii) a FEMP-designated product.CommentsClose CommentsPermalink
(B) SENSE OF CONGRESS REGARDING INSTALLATION PREFERENCES- It is the sense of Congress that a WaterSense irrigation system should, to the maximum extent practicable, be installed and audited by a WaterSense-certified irrigation professional to ensure optimal performance.CommentsClose CommentsPermalink
(2) EXCEPTIONS- The head of an Agency shall not be required to procure a WaterSense product, building, landscape, facility, process, or service or FEMP-designated product under paragraph (1) if the head of the Agency finds in writing that--CommentsClose CommentsPermalink
(A) a WaterSense product, building, landscape, facility, process, or service or FEMP-designated product is not cost-effective over the life of the product, building, landscape, facility, process, or service, taking energy, water, and wastewater service cost savings into account; orCommentsClose CommentsPermalink
(B) no WaterSense product, building, landscape, facility, process, or service or FEMP-designated product is reasonably available that meets the functional requirements of the Agency.CommentsClose CommentsPermalink
(3) PROCUREMENT PLANNING-CommentsClose CommentsPermalink
(A) IN GENERAL- The head of an Agency shall incorporate criteria used for evaluating WaterSense products, buildings, landscapes, facilities, processes, and services and FEMP-designated products into--CommentsClose CommentsPermalink
(i) the specifications for all procurements involving water-using products, buildings, landscapes, facilities, processes, and systems, including guide specifications, project specifications, and construction, renovation, and services contracts that include provision of water-using products, buildings, landscapes, facilities, processes, and systems; andCommentsClose CommentsPermalink
(ii) the factors for the evaluation of offers received for the procurement.CommentsClose CommentsPermalink
(B) LISTING OF WATER-EFFICIENT PRODUCTS IN FEDERAL CATALOGS- WaterSense products, buildings, landscapes, facilities, processes, and systems and FEMP-designated products shall be clearly identified and prominently displayed in any inventory or listing of products by the General Services Administration or the Defense Logistics Agency.CommentsClose CommentsPermalink
(C) ADDITIONAL MEASURES- The head of an Agency shall consider, to the maximum extent practicable, additional measures for reducing Agency water use, including water reuse technologies, leak detection and repair, and use of waterless products that perform similar functions to existing water-using products.CommentsClose CommentsPermalink
(c) Retrofit Programs- The head of each Agency, working in coordination with the Administrator and the heads of such other Agencies as the President may designate, shall develop standards and implementation procedures for a building water efficiency retrofit program, which shall include the following elements:CommentsClose CommentsPermalink
(1) EVALUATION OF PRODUCTS AND SYSTEMS- Not later than 270 days after the date of enactment of this Act, each Agency shall evaluate water-consuming products and systems in buildings operated by such Agency and identify opportunities for retrofit and replacement of such products and systems with high-efficiency equipment, such as zero-water-consumption equipment, high-efficiency toilets, high-efficiency shower heads, and high-efficiency faucets, and other products that are certified as Watersense products or FEMP-designated products.CommentsClose CommentsPermalink
(2) RETROFIT PLAN- Not later than 360 days after the date of enactment of this Act, each Agency shall, in coordination with other appropriate Agencies and officials, prepare a water efficiency retrofit plan that shall, to the maximum extent practicable, maximize retrofitting of water-consuming products and systems and replacement with high-efficiency equipment described in paragraph (1).CommentsClose CommentsPermalink
(d) Guidelines- Not later than 180 days after the date of enactment of this Act, the Administrator, working in coordination with the Secretary of Energy and the heads of such other Agencies as the President may designate, shall issue guidelines to carry out this section.CommentsClose CommentsPermalink
SEC. 143. STATE RESIDENTIAL WATER EFFICIENCY AND CONSERVATION INCENTIVES PROGRAM.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) ELIGIBLE ENTITY- The term ‘eligible entity’ means a State government, local or county government, tribal government, wastewater or sewerage utility, municipal water authority, energy utility, water utility, or nonprofit organization that meets the requirements of subsection (b).CommentsClose CommentsPermalink
(2) INCENTIVE PROGRAM- The term ‘incentive program’ means a program for administering financial incentives for consumer purchase and installation of water-efficient products, buildings (including New Water-Efficient Homes), landscapes, processes, or services described in subsection (b)(1).CommentsClose CommentsPermalink
(3) RESIDENTIAL WATER-EFFICIENT PRODUCT, BUILDING, LANDSCAPE, PROCESS, OR SERVICE-CommentsClose CommentsPermalink
(A) IN GENERAL- The term ‘residential water-efficient product, building, landscape, process, or service’ means a product, building, landscape, process, or service for a residence or its landscape that is rated for water efficiency and performance--CommentsClose CommentsPermalink
(i) by the WaterSense program; orCommentsClose CommentsPermalink
(ii) if a WaterSense specification does not exist, by the Energy Star program or an incentive program approved by the Administrator.CommentsClose CommentsPermalink
(B) INCLUSIONS- The term ‘residential water-efficient product, building, landscape, process, or service’ includes--CommentsClose CommentsPermalink
(i) faucets;CommentsClose CommentsPermalink
(ii) irrigation technologies and services;CommentsClose CommentsPermalink
(iii) point-of-use water treatment devices;CommentsClose CommentsPermalink
(iv) reuse and recycling technologies;CommentsClose CommentsPermalink
(v) toilets;CommentsClose CommentsPermalink
(vi) clothes washers;CommentsClose CommentsPermalink
(vii) dishwashers;CommentsClose CommentsPermalink
(viii) showerheads;CommentsClose CommentsPermalink
(ix) xeriscaping and other landscape conversions that replace irrigated turf; andCommentsClose CommentsPermalink
(x) New Water Efficient Homes certified by the WaterSense program.CommentsClose CommentsPermalink
(4) WaterSENSE PROGRAM- The term ‘WaterSense program’ means the program established by section 141.CommentsClose CommentsPermalink
(b) Eligible Entities- An entity shall be eligible to receive an allocation under subsection (c) if the entity--CommentsClose CommentsPermalink
(1) establishes (or has established) an incentive program to provide financial incentives to residential consumers for the purchase of residential water-efficient products, buildings, landscapes, processes, or services;CommentsClose CommentsPermalink
(2) submits an application for the allocation at such time, in such form, and containing such information as the Administrator may require; andCommentsClose CommentsPermalink
(3) provides assurances satisfactory to the Administrator that the entity will use the allocation to supplement, but not supplant, funds made available to carry out the incentive program.CommentsClose CommentsPermalink
(c) Amount of Allocations- For each fiscal year, the Administrator shall determine the amount to allocate to each eligible entity to carry out subsection (d), taking into consideration--CommentsClose CommentsPermalink
(1) the population served by the eligible entity during the most recent calendar year for which data are available;CommentsClose CommentsPermalink
(2) the targeted population of the incentive program of the eligible entity, such as general households, low-income households, or first-time homeowners, and the probable effectiveness of the incentive program for that population;CommentsClose CommentsPermalink
(3) for existing programs, the effectiveness of the program in encouraging the adoption of water-efficient products, buildings, landscapes, facilities, processes, and services;CommentsClose CommentsPermalink
(4) any allocation to the eligible entity for a preceding fiscal year that remains unused; andCommentsClose CommentsPermalink
(5) the per capita water demand of the population served by the eligible entity during the most recent calendar year for which data are available and the accessibility of water supplies to such entity.CommentsClose CommentsPermalink
(d) Use of Allocated Funds- Funds allocated to an eligible entity under subsection (c) may be used to pay up to 50 percent of the cost of establishing and carrying out an incentive program.CommentsClose CommentsPermalink
(e) Fixture Recycling- Eligible entities are encouraged to promote or implement fixture recycling programs to manage the disposal of older fixtures replaced due to the incentive program under this section.CommentsClose CommentsPermalink
(f) Issuance of Incentives-CommentsClose CommentsPermalink
(1) IN GENERAL- Financial incentives may be provided to residential consumers that meet the requirements of the applicable incentive program.CommentsClose CommentsPermalink
(2) MANNER OF ISSUANCE- An eligible entity may--CommentsClose CommentsPermalink
(A) issue all financial incentives directly to residential consumers; orCommentsClose CommentsPermalink
(B) with approval of the Administrator, delegate all or part of financial incentive administration to other organizations, including local governments, municipal water authorities, water utilities, and non-profit organizations.CommentsClose CommentsPermalink
(3) AMOUNT- The amount of a financial incentive shall be determined by the eligible entity, taking into consideration--CommentsClose CommentsPermalink
(A) the amount of any Federal or State incentive available for the purchase of the residential water-efficient product or service;CommentsClose CommentsPermalink
(B) the amount necessary to change consumer behavior to purchase water-efficient products and services; andCommentsClose CommentsPermalink
(C) the consumer expenditures for onsite preparation, assembly, and original installation of the product.CommentsClose CommentsPermalink
(g) Authorization of Appropriations- There are authorized to be appropriated to the Administrator to carry out this section--CommentsClose CommentsPermalink
(1) $100,000,000 for fiscal year 2010;CommentsClose CommentsPermalink
(2) $150,000,000 for fiscal year 2011;CommentsClose CommentsPermalink
(3) $200,000,000 for fiscal year 2012;CommentsClose CommentsPermalink
(4) $150,000,000 for fiscal year 2013;CommentsClose CommentsPermalink
(5) $100,000,000 for fiscal year 2014; andCommentsClose CommentsPermalink
(6) for each subsequent fiscal year, the applicable amount during the preceding fiscal year, as adjusted to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.CommentsClose CommentsPermalink