U.S. Congress - Text of S.1733 as Reported in Senate Clean Energy Jobs and American Power Act
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Donate NowS.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.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in Senate | 135,709 | n/a | n/a |
| Reported in Senate | 292,398 | 1,364 Show Changes Hide Changes | 25% |
Key: changed or removed text inserted or modified text
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S 1733 IS 111th CONGRESS
Calendar No. 267CommentsClose CommentsPermalink
111th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
S. 1733CommentsClose CommentsPermalink
[Report No. 111-121]CommentsClose 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
September 30, 2009CommentsClose CommentsPermalink
Mr. KERRY (for himself and, Mrs. BOXER, and Mr. KIRK) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksCommentsClose CommentsPermalink
February 2, 2010CommentsClose CommentsPermalink
February 2, 2010CommentsClose CommentsPermalink
Reported by Mrs. BOXER, with an amendmentCommentsClose CommentsPermalink
[Strike out all after the enacting clause and insert the part printed in italic]CommentsClose CommentsPermalink
[Strike out all after the enacting clause and insert the part printed in italic]CommentsClose 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
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[Struck out->]Fuel type[<-Struck out] Rate of assessment per kilowatt hour CommentsClose CommentsPermalink
[Struck out->]Coal[<-Struck out] $0.00043 CommentsClose CommentsPermalink
[Struck out->]Natural Gas[<-Struck out] $0.00022 CommentsClose CommentsPermalink
[Struck out->]Oil[<-Struck out] $0.00032. CommentsClose CommentsPermalink
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Calendar years Percentage below 2007 average greenhouse gas emissions per MWh of United States electric power sectorCommentsClose CommentsPermalink
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[Struck out->]2010 through 2020[<-Struck out] 25 percent CommentsClose CommentsPermalink
[Struck out->]2021 through 2025[<-Struck out] 40 percent CommentsClose CommentsPermalink
[Struck out->]2026 through 2030[<-Struck out] 65 percent CommentsClose CommentsPermalink
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‘ CARBON DIOXIDE EQUIVALENT OF 1 TON OF LISTED GREENHOUSE GASES CommentsClose CommentsPermalink
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Greenhouse gas (1 metric ton) Carbon dioxide equivalent (metric tons)CommentsClose CommentsPermalink
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[Struck out->]Carbon dioxide[<-Struck out] 1 CommentsClose CommentsPermalink
[Struck out->]Methane[<-Struck out] 25 CommentsClose CommentsPermalink
[Struck out->]Nitrous oxide[<-Struck out] 298 CommentsClose CommentsPermalink
[Struck out->]HFC-23[<-Struck out] 14,800 CommentsClose CommentsPermalink
[Struck out->]HFC-125[<-Struck out] 3,500 CommentsClose CommentsPermalink
[Struck out->]HFC-134a[<-Struck out] 1,430 CommentsClose CommentsPermalink
[Struck out->]HFC-143a[<-Struck out] 4,470 CommentsClose CommentsPermalink
[Struck out->]HFC-152a[<-Struck out] 124 CommentsClose CommentsPermalink
[Struck out->]HFC-227ea[<-Struck out] 3,220 CommentsClose CommentsPermalink
[Struck out->]HFC-236fa[<-Struck out] 9,810 CommentsClose CommentsPermalink
[Struck out->]HFC-4310mee[<-Struck out] 1,640 CommentsClose CommentsPermalink
[Struck out->]CF4[<-Struck out] 7,390 CommentsClose CommentsPermalink
[Struck out->]C2F6[<-Struck out] 12,200 CommentsClose CommentsPermalink
[Struck out->]C4F10[<-Struck out] 8,860 CommentsClose CommentsPermalink
[Struck out->]C6F14[<-Struck out] 9,300 CommentsClose CommentsPermalink
[Struck out->]SF6[<-Struck out] 22,800 CommentsClose CommentsPermalink
[Struck out->]NF3[<-Struck out] 17,200 CommentsClose CommentsPermalink
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[Struck out->]CommentsClose CommentsPermalink‘Calendar Year[<-Struck out] Emissions Allowances (MtCO2e)
[Struck out->]2012[<-Struck out] 4,627 CommentsClose CommentsPermalink
[Struck out->]2013[<-Struck out] 4,544 CommentsClose CommentsPermalink
[Struck out->]2014[<-Struck out] 5,099 CommentsClose CommentsPermalink
[Struck out->]2015[<-Struck out] 5,003 CommentsClose CommentsPermalink
[Struck out->]2016[<-Struck out] 5,482 CommentsClose CommentsPermalink
[Struck out->]2017[<-Struck out] 5,261 CommentsClose CommentsPermalink
[Struck out->]2018[<-Struck out] 5,132 CommentsClose CommentsPermalink
[Struck out->]2019[<-Struck out] 5,002 CommentsClose CommentsPermalink
[Struck out->]2020[<-Struck out] 4,873 CommentsClose CommentsPermalink
[Struck out->]2021[<-Struck out] 4,739 CommentsClose CommentsPermalink
[Struck out->]2022[<-Struck out] 4,605 CommentsClose CommentsPermalink
[Struck out->]2023[<-Struck out] 4,471 CommentsClose CommentsPermalink
[Struck out->]2024[<-Struck out] 4,337 CommentsClose CommentsPermalink
[Struck out->]2025[<-Struck out] 4,203 CommentsClose CommentsPermalink
[Struck out->]2026[<-Struck out] 4,069 CommentsClose CommentsPermalink
[Struck out->]2027[<-Struck out] 3,935 CommentsClose CommentsPermalink
[Struck out->]2028[<-Struck out] 3,801 CommentsClose CommentsPermalink
[Struck out->]2029[<-Struck out] 3,667 CommentsClose CommentsPermalink
[Struck out->]2030[<-Struck out] 3,533 CommentsClose CommentsPermalink
[Struck out->]2031[<-Struck out] 3,408 CommentsClose CommentsPermalink
[Struck out->]2032[<-Struck out] 3,283 CommentsClose CommentsPermalink
[Struck out->]2033[<-Struck out] 3,158 CommentsClose CommentsPermalink
[Struck out->]2034[<-Struck out] 3,033 CommentsClose CommentsPermalink
[Struck out->]2035[<-Struck out] 2,908 CommentsClose CommentsPermalink
[Struck out->]2036[<-Struck out] 2,784 CommentsClose CommentsPermalink
[Struck out->]2037[<-Struck out] 2,659 CommentsClose CommentsPermalink
[Struck out->]2038[<-Struck out] 2,534 CommentsClose CommentsPermalink
[Struck out->]2039[<-Struck out] 2,409 CommentsClose CommentsPermalink
[Struck out->]2040[<-Struck out] 2,284 CommentsClose CommentsPermalink
[Struck out->]2041[<-Struck out] 2,159 CommentsClose CommentsPermalink
[Struck out->]2042[<-Struck out] 2,034 CommentsClose CommentsPermalink
[Struck out->]2043[<-Struck out] 1,910 CommentsClose CommentsPermalink
[Struck out->]2044[<-Struck out] 1,785 CommentsClose CommentsPermalink
[Struck out->]2045[<-Struck out] 1,660 CommentsClose CommentsPermalink
[Struck out->]2046[<-Struck out] 1,535 CommentsClose CommentsPermalink
[Struck out->]2047[<-Struck out] 1,410 CommentsClose CommentsPermalink
[Struck out->]2048[<-Struck out] 1,285 CommentsClose CommentsPermalink
[Struck out->]2049[<-Struck out] 1,160 CommentsClose CommentsPermalink
[Struck out->]2050[<-Struck out] 1,035 CommentsClose CommentsPermalink
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‘Calendar Year Percent of BaselineCommentsClose CommentsPermalink
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[Struck out->]2012[<-Struck out] 90 CommentsClose CommentsPermalink
[Struck out->]2013[<-Struck out] 87.5 CommentsClose CommentsPermalink
[Struck out->]2014[<-Struck out] 85 CommentsClose CommentsPermalink
[Struck out->]2015[<-Struck out] 82.5 CommentsClose CommentsPermalink
[Struck out->]2016[<-Struck out] 80 CommentsClose CommentsPermalink
[Struck out->]2017[<-Struck out] 77.5 CommentsClose CommentsPermalink
[Struck out->]2018[<-Struck out] 75 CommentsClose CommentsPermalink
[Struck out->]2019[<-Struck out] 71 CommentsClose CommentsPermalink
[Struck out->]2020[<-Struck out] 67 CommentsClose CommentsPermalink
[Struck out->]2021[<-Struck out] 63 CommentsClose CommentsPermalink
[Struck out->]2022[<-Struck out] 59 CommentsClose CommentsPermalink
[Struck out->]2023[<-Struck out] 54 CommentsClose CommentsPermalink
[Struck out->]2024[<-Struck out] 50 CommentsClose CommentsPermalink
[Struck out->]2025[<-Struck out] 46 CommentsClose CommentsPermalink
[Struck out->]2026[<-Struck out] 42 CommentsClose CommentsPermalink
[Struck out->]2027[<-Struck out] 38 CommentsClose CommentsPermalink
[Struck out->]2028[<-Struck out] 34 CommentsClose CommentsPermalink
[Struck out->]2029[<-Struck out] 30 CommentsClose CommentsPermalink
[Struck out->]2030[<-Struck out] 25 CommentsClose CommentsPermalink
[Struck out->]2031[<-Struck out] 21 CommentsClose CommentsPermalink
[Struck out->]2032[<-Struck out] 17 CommentsClose CommentsPermalink
[Struck out->]after 2032[<-Struck out] 15 CommentsClose CommentsPermalink
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‘Calendar Year Percent Available for AuctionCommentsClose CommentsPermalink
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[Struck out->]2012[<-Struck out] 10 CommentsClose CommentsPermalink
[Struck out->]2013[<-Struck out] 20 CommentsClose CommentsPermalink
[Struck out->]2014[<-Struck out] 30 CommentsClose CommentsPermalink
[Struck out->]2015[<-Struck out] 40 CommentsClose CommentsPermalink
[Struck out->]2016[<-Struck out] 50 CommentsClose CommentsPermalink
[Struck out->]2017[<-Struck out] 60 CommentsClose CommentsPermalink
[Struck out->]2018[<-Struck out] 70 CommentsClose CommentsPermalink
[Struck out->]2019[<-Struck out] 80 CommentsClose CommentsPermalink
[Struck out->]2020 and thereafter[<-Struck out] 90 CommentsClose CommentsPermalink
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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 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
Sec. 102. Requirements relating to Federal advisory committees. CommentsClose CommentsPermalink
Sec. 103. Voluntary renewable energy markets. 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. SmartWway 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 new 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, abandoned mine land, 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
Sec. 158. Efficient Buildings Program. 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
Sec. 165. Certified stoves program. CommentsClose CommentsPermalink
Sec. 166. Renewable fuel standard. CommentsClose CommentsPermalink
Sec. 167. Tree planting programs. 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 ation 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
‘Sec. 708. Consultation with States. 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 and other nonhydrofluorocarbon fluorinated substance production 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 HG--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 permanent 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. 863. Reducing acid rain and mercury pollution. CommentsClose CommentsPermalink
Sec. 126. Enforcement. CommentsClose CommentsPermalink
Sec. 127. Conforming amendmentsForestry sector greenhouse gas accounting. CommentsClose CommentsPermalink
Sec. 128. Conforming amendments. CommentsClose CommentsPermalink
‘Sec. 508. Emissions of greenhouse gases. CommentsClose CommentsPermalink
Sec. 129. 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 technologyDistribution of allowances for investment in clean vehicles. CommentsClose CommentsPermalink
‘Sec. 795A. Black carbon reduction grant program. 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.Sec. 205. Energy Innovation Hubs. CommentsClose CommentsPermalink
Sec. 2065. ARPA-E research. CommentsClose CommentsPermalink
Sec. 2076. International clean energy deployment program. CommentsClose CommentsPermalink
Sec. 2087. International climate change adaptation and global security. CommentsClose CommentsPermalink
Sec. 2098. Energy efficiency and renewable energy worker training. CommentsClose CommentsPermalink
Sec. 21009. Worker transition. CommentsClose CommentsPermalink
Sec. 2110. State programs for greenhouse gas reduction and climate adaptation. CommentsClose CommentsPermalink
Sec. 2121. Climate Change Health Protection and Promotion Fund. CommentsClose CommentsPermalink
Sec. 2132. Climate change safeguards for natural resources conservation. CommentsClose CommentsPermalink
Sec. 2143. Nuclear worker training. CommentsClose CommentsPermalink
Sec. 2154. Supplemental agriculture, abandoned mine land, renewable energy, and forestry. CommentsClose CommentsPermalink
Sec. 215. Investment in greenhouse gas reductions from the transportation sector. CommentsClose CommentsPermalink
Sec. 216. State programs for natural resource adaptation activities. 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; and CommentsClose CommentsPermalink
(G) a substantial rise in sea levels, due in part to-- CommentsClose CommentsPermalink
(i) melting mountain glaciers; CommentsClose CommentsPermalink
(ii) shrinking sea ice; and CommentsClose 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; and CommentsClose 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; and CommentsClose 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 ADAPTATION
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DIVISION A--AUTHORIZATIONS FOR POLLUTION REDUCTION, TRANSITION, AND ADAPTATION CommentsClose 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) and section 215 of division B. CommentsClose CommentsPermalink
(2) The program for nuclear worker training under section 132 of this division and 2143 of division B. CommentsClose CommentsPermalink
(3) State recycling programs under section 154 of this division and section 2110 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 2154 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 21009 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 2121 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 , sections 212 and 216 of division B, including-- CommentsClose CommentsPermalink
(A) State programs for natural resource adaptation under section 213370(a)(1) of division A, and section 216 of division B; and CommentsClose CommentsPermalink
(B) the Natural Resources Climate Change Adaptation Account under paragraphs (2) through (6) of section 370(a) of division A, and section 212 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 2076 of division B. CommentsClose CommentsPermalink
(12) The international climate change adaptation and global security program under 324 of this division and section 2087 of division B. CommentsClose CommentsPermalink
(13) The program for water system mitigation and adaptation partnerships under section 381 of this division and section 2110 of division B. CommentsClose CommentsPermalink
(14) The program for flood control, protection, prevention, and response under section 382 of this division and section 2110 of division B. CommentsClose CommentsPermalink
(15) The program for wildfire under section 383 of this division and section 2110 of division B. CommentsClose CommentsPermalink
(16) The Coastal and Great Lakes State Adaptation Program under section 384 of this division and section 2110 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); and CommentsClose 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 2054 of division B. CommentsClose CommentsPermalink
(13) The program for ARPA-E research pursuant to section 2065 of division B. CommentsClose CommentsPermalink
(14) The program for energy efficiency and renewable energy worker training under section 2098 of division B. CommentsClose CommentsPermalink
(15) The State programs for greenhouse gas reduction and climate adaptation pursuant to section 2110 of division B. CommentsClose CommentsPermalink
(16) The program for greenhouse gas emission reductions from the transportation sector under section 215 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
SEC. 102. REQUIREMENTS RELATING TO FEDERAL ADVISORY COMMITTEES.
(a) Appointment Qualifications- Each appointment of a member to an advisory committee established under this Act or an amendment made by this Act shall be-- CommentsClose CommentsPermalink
(1) based on the qualifications, competence, and experience of the member; and CommentsClose CommentsPermalink
(2) except as otherwise required by Federal law (including regulations), made without regard to the political affiliation of the member. CommentsClose CommentsPermalink
(b) Designation of Members- CommentsClose CommentsPermalink
(1) IN GENERAL- An individual appointed to serve on an advisory committee established under this Act or an amendment made by this Act who is not a full-time or permanent part-time officer or employee of the Federal Government shall be designated by the Federal department or agency to which the relevant advisory committee reports as-- CommentsClose CommentsPermalink
(A) a special employee of the Federal Government, if the individual is providing advice based substantially on the expertise or experience of the individual; or CommentsClose CommentsPermalink
(B) a representative, if the individual is substantially representing the views of individuals or entities outside the Federal Government. CommentsClose CommentsPermalink
(2) REVIEWS- CommentsClose CommentsPermalink
(A) IN GENERAL- The head of each Federal department or agency shall review the membership of each advisory committee that reports to the department or agency-- CommentsClose CommentsPermalink
(i) to determine whether the designation of the members is appropriate; and CommentsClose CommentsPermalink
(ii) if the designation of any member is not appropriate, to redesignate the member. CommentsClose CommentsPermalink
(B) TIMING- A review under subparagraph (A) shall be conducted-- CommentsClose CommentsPermalink
(i) on the date on which the charter of the relevant advisory committee expires; or CommentsClose CommentsPermalink
(ii) for any advisory committee with an indefinite charter, not less frequently than once every 2 years. CommentsClose CommentsPermalink
(c) Ensuring Independent Advice and Expertise- CommentsClose CommentsPermalink
(1) APPOINTMENT- To the maximum extent practicable, except as provided in subsection (b)(1)(B), the head of each Federal department and agency shall appoint members of advisory committees established under this Act or an amendment made by this Act as special employees of the Federal Government. CommentsClose CommentsPermalink
(2) ACTION BY AGENCY HEADS- The head of each Federal department or agency shall ensure, to the maximum extent practicable, that-- CommentsClose CommentsPermalink
(A) no individual appointed to serve on an applicable advisory committee has a conflict of interest that is relevant to the functions to be performed by the individual, unless-- CommentsClose CommentsPermalink
(i) the conflict is promptly and publicly disclosed; and CommentsClose CommentsPermalink
(ii) the head of the department or agency determines that the conflict is unavoidable; and CommentsClose CommentsPermalink
(B) each report of an applicable advisory committee-- CommentsClose CommentsPermalink
(i) is the result of the independent judgment of the advisory committee; and CommentsClose CommentsPermalink
(ii) includes a statement indicating the process used by the advisory committee in formulating the recommendations or conclusions contained in the report. CommentsClose CommentsPermalink
(3) REQUIREMENT- The head of each Federal department or agency shall require that individuals appointed or considered for appointment to serve on an applicable advisory committee shall inform the head of any conflict of interest of the individual that is relevant to the advisory committee functions to be performed by the individual. CommentsClose CommentsPermalink
(4) REPRESENTATIVE MEMBERS- If the head of a Federal department or agency determines that a member described in subsection (b)(1)(B) is required to serve on an applicable advisory committee, the advisory committee management officer of the department or agency shall consult with the designated ethics official of the department or agency to ensure that the designation of the member is appropriate and necessary to fulfilling the purpose of the advisory committee. CommentsClose CommentsPermalink
(5) ACTION BY ETHICS OFFICIALS- The designated ethics official of each applicable Federal department or agency shall issue guidance to ensure that the applicable advisory committees are providing sufficiently independent advice and expertise. CommentsClose CommentsPermalink
(6) REPORTS- The Administrator of General Services shall-- CommentsClose CommentsPermalink
(A) conduct an annual review of compliance by Federal departments and agencies with the requirements of this subsection; and CommentsClose CommentsPermalink
(B) submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives annual reports describing the results of the reviews. CommentsClose CommentsPermalink
(d) Disclosure of Information- CommentsClose CommentsPermalink
(1) ITEMS REQUIRED TO BE DISCLOSED- The head of each Federal department or agency to which an advisory committee established under this Act or an amendment made by this Act reports shall make available as described in paragraph (2) the following information, at a minimum: CommentsClose CommentsPermalink
(A) The charter of the advisory committee. CommentsClose CommentsPermalink
(B) A description of the formation process of the advisory committee, including-- CommentsClose CommentsPermalink
(i) the process for identifying prospective members; CommentsClose CommentsPermalink
(ii) the process of selecting members for balance of viewpoints or expertise; and CommentsClose CommentsPermalink
(iii) a justification of the need for representative members, if any. CommentsClose CommentsPermalink
(C) A list of all current members of the advisory committee, updated regularly, including, for each member-- CommentsClose CommentsPermalink
(i) the name of any individual or entity that nominated the member; CommentsClose CommentsPermalink
(ii) whether the member is designated as a special employee of the Federal Government or a representative member; and CommentsClose CommentsPermalink
(iii) in the case of a representative member, the individuals or entity the viewpoint of which the member represents. CommentsClose CommentsPermalink
(D) A list of all special employees of the Federal Government who have received conflict of interest waivers under
(E) A summary of the decisionmaking process of the advisory committee. CommentsClose CommentsPermalink
(F) A complete report of all meetings of the advisory committee. CommentsClose CommentsPermalink
(G) Notices of future meetings of the advisory committee. CommentsClose CommentsPermalink
(2) METHODS OF DISCLOSURE- CommentsClose CommentsPermalink
(A) AVAILABILITY- CommentsClose CommentsPermalink
(i) IN GENERAL- Subject to clause (ii), the information required to be disclosed by a Federal department or agency under this subsection shall be made available electronically, including on the official public Internet website of the department or agency, not later than 7 calendar days before the applicable meeting of the advisory committee. CommentsClose CommentsPermalink
(ii) COMPLETE REPORTS- Each complete report of a meeting of an advisory committee established under this Act or an amendment made by this Act-- CommentsClose CommentsPermalink
(I) shall be disclosed by the relevant Federal department or agency under this subsection by not later than 7 calendar days after the date of the meeting; and CommentsClose CommentsPermalink
(II) may take the form of an electronic recording of the meeting, a transcript, or any other substantively complete accounting of the meeting. CommentsClose CommentsPermalink
(B) ACTION BY GSA- The Administrator of General Services shall provide, on the official public Internet website of the General Services Administration, electronic access to the information made available by each Federal department or agency under subparagraph (A). CommentsClose CommentsPermalink
SEC. 103. VOLUNTARY RENEWABLE ENERGY MARKETS.
(a) Findings- Congress finds that-- CommentsClose CommentsPermalink
(1) voluntary renewable energy markets can be efficient and effective programs for allowing consumers and businesses to voluntarily use or support renewable energy; CommentsClose CommentsPermalink
(2) more than 1,000,000 businesses, households, government agencies, farms, and others voluntarily purchase renewable electricity or renewable energy certificates; and CommentsClose CommentsPermalink
(3) according to the Department of Energy-- CommentsClose CommentsPermalink
(A) voluntary renewable energy purchases totaled 24,000,000,000 kilowatt-hours during calendar year 2008, representing 0.6 percent of total United States electricity sales; and CommentsClose CommentsPermalink
(B) voluntary renewable energy purchases have increased at an average annual rate of 32 percent since calendar year 2004. CommentsClose CommentsPermalink
(b) Statement of Policy- It is the policy of the United States-- CommentsClose CommentsPermalink
(1) to support the continued growth of voluntary renewable energy markets; and CommentsClose CommentsPermalink
(2) that nothing in this Act or the amendments made by this Act is intended to interfere with or prevent the continued operation and growth of the voluntary renewable energy market. CommentsClose CommentsPermalink
(c) Report to Congress- Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report describing the efficacy of the voluntary renewable energy market in the context of the pollution reduction and investment programs under this Act and the amendments made by this Act, including-- CommentsClose CommentsPermalink
(1) whether meaningful reductions in carbon dioxide emissions have occurred in response to investments in the voluntary renewable energy market; CommentsClose CommentsPermalink
(2) whether the voluntary market continues to grow; and CommentsClose CommentsPermalink
(3) a list of recommended strategies for ensuring that-- CommentsClose CommentsPermalink
(A) meaningful emissions reductions may occur; and CommentsClose CommentsPermalink
(B) the voluntary renewable energy market may continue to grow. CommentsClose CommentsPermalink
TITLE I--GREENHOUSE GAS REDUCTION PROGRAMS
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TITLE I--GREENHOUSE GAS REDUCTION PROGRAMS CommentsClose CommentsPermalink
Subtitle A--Clean Transportation
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Subtitle A--Clean Transportation CommentsClose 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
. CommentsClose CommentsPermalink section 32902(k) of title 49, United States Code ‘(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 levels; and CommentsClose 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 levels; CommentsClose CommentsPermalink
‘(3) methods for collection of data on transportation-related greenhouse gas emissions; and CommentsClose CommentsPermalink
‘(4) publication and distribution of successful strategies employed by States, metropolitan planning Indian tribes, 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; and CommentsClose 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 Indian tribes, 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; and CommentsClose 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; and CommentsClose 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; and CommentsClose 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; and CommentsClose 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-
, is amended-- CommentsClose CommentsPermalink Section 134 of title 23, United States Code
(A) in subsection (a)(1)-- CommentsClose CommentsPermalink
(i) by striking ‘minimizing’ and inserting ‘reducing’; and CommentsClose 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’; and CommentsClose 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 and Indian tribes responsible for’ after ‘responsible for’; and CommentsClose CommentsPermalink
(III) by inserting ‘public health,’ after ‘conservation,’; and CommentsClose 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’; and CommentsClose 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; and CommentsClose 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.‘(ii)nd Indian tribes 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; and CommentsClose 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; or CommentsClose 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; and CommentsClose CommentsPermalink
‘(ii) the Secretary shall approve a plan developed by a metropolitan planning organization pursuant tomake a determination that the plan submitted by a metropolitan planning organization meets the requirements of 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; and CommentsClose 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- CommentsClose CommentsPermalink
‘(i) IN GENERAL- Only metropolitan planning organizations that meet the requirements of subparagraph (C) shall be eligible to receive performance grants under section 113(c). CommentsClose CommentsPermalink
‘(ii) FAILURE TO COMPLY- 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; and CommentsClose CommentsPermalink
‘(iii) the use of continuing efforts and ongoing processes; and CommentsClose 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; and CommentsClose CommentsPermalink
‘(vi) use of monitoring indicators.’. CommentsClose CommentsPermalink
(2) TITLE 49-
, is amended-- CommentsClose CommentsPermalink Section 5303 of title 49, United States Code
(A) in subsection (a)(1)-- CommentsClose CommentsPermalink
(i) by striking ‘minimizing’ and inserting ‘reducing’; and CommentsClose 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’; and CommentsClose 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 and Indian tribes responsible for’ after ‘responsible for’; and CommentsClose CommentsPermalink
(III) by inserting ‘public health,’ after ‘conservation,’; and CommentsClose 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’; and CommentsClose 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; and CommentsClose 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.‘(ii)nd Indian tribes 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; and CommentsClose 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; or CommentsClose 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; and CommentsClose CommentsPermalink
‘(ii) the Secretary shall approve a plan developed by a metropolitan planning organization pursuant tomake a determination that the plan submitted by a metropolitan planning organization meets the requirements of 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; and CommentsClose 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- CommentsClose CommentsPermalink
‘(i) IN GENERAL- Only metropolitan planning organizations that meet the requirements of subparagraph (C) shall be eligible to receive performance grants under section 113(c). CommentsClose CommentsPermalink
‘(ii) FAILURE TO COMPLY- 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-
, is amended-- CommentsClose CommentsPermalink Section 135 of title 23, United States Code
(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’; and CommentsClose CommentsPermalink
(iii) by inserting ‘, including housing and land use patterns’ after ‘development patterns’; and CommentsClose 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 and Indian tribes responsible for transportation, public transportation, air quality, and housing and in consultation with’ before ‘State, tribal’; and CommentsClose 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’; and CommentsClose 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.‘(ii) nd Indian tribes 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 targetgoals 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; and CommentsClose 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; or CommentsClose 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; and CommentsClose CommentsPermalink
‘(II) transportation and air quality agencies within the State; CommentsClose CommentsPermalink
and‘(ii) in consultation with representatives of State and local housing, economic development, and land use agencies; and CommentsClose CommentsPermalink
‘(iii) in consultation with Indian tribes contiguous to the State. 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; and CommentsClose CommentsPermalink
‘(ii) the Secretary shall approve a plan developed by a State pursuant tomake a determination that the plan submitted by a State meets the requirements of 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; and CommentsClose 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- CommentsClose CommentsPermalink
‘(i) IN GENERAL- Only States that meet the requirements of subparagraph (B) shall be eligible to receive performance grants under section 113(c). CommentsClose CommentsPermalink
‘(ii) FAILURE TO COMPLY- Failure to comply with the requirements under subparagraph (B) shall not impact the planning finding under subsection (g)(7).’. CommentsClose CommentsPermalink
(2) TITLE 49-
is amended-- CommentsClose CommentsPermalink Section 5304 of title 49, United States Code
(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’; and CommentsClose CommentsPermalink
(iii) by inserting ‘, including housing and land use patterns’ after ‘development patterns’; and CommentsClose 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 and Indian tribes responsible for transportation, public transportation, air quality, and housing and in consultation with’ before ‘State, tribal’; and CommentsClose 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’; and CommentsClose 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.‘(ii) nd Indian tribes 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; and CommentsClose 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; or CommentsClose 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; and CommentsClose CommentsPermalink
‘(II) transportation and air quality agencies within the State; CommentsClose CommentsPermalink
and‘(ii) in consultation with representatives of State and local housing, economic development, and land use agencies; and CommentsClose CommentsPermalink
‘(iii) in consultation with Indian tribes contiguous to the State. 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; and CommentsClose CommentsPermalink
‘(ii) the Secretary shall approve a plan developed by a State pursuant tomake a determination that the plan submitted by a State meets the requirements of 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; and CommentsClose 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- CommentsClose CommentsPermalink
‘(i) IN GENERAL- Only States that meet the requirements of subparagraph (B) shall be eligible to receive performance grants under section 113(c). CommentsClose CommentsPermalink
‘(ii) FAILURE TO COMPLY- 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 (
) shall not apply to the planning provisions of this section or any amendment made by this section. CommentsClose CommentsPermalink 42 U.S.C. 7604 (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; or CommentsClose 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; and CommentsClose 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; and CommentsClose 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 10 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--‘(A) nhouse gas emission reduction under-- CommentsClose CommentsPermalink
‘(A) sections 134(k)(6) and 135(f)(9) of title 23, United States Code; and CommentsClose 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
) in the proportion that-- CommentsClose CommentsPermalink section 134(k)(7) of title 23, United States Code
‘(A) the population within such a metropolitan planning organization; bears to CommentsClose 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), and subject to subsection (h), 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; and CommentsClose 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; and CommentsClose 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-Ssharing- 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; and CommentsClose 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; and CommentsClose 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; and CommentsClose CommentsPermalink
‘(B) to provide benefits equal to the benefits established under
. CommentsClose CommentsPermalink section 5333(b) of title 49, United States Code ‘(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) Administrative Expenses- Not more than 5 percent of the funds made available to carry out this section may be used by the Secretary to pay the administrative expenses necessary to carry out this section for a fiscal year. CommentsClose CommentsPermalink
‘(i) 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 private transportation providers or 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; and CommentsClose 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) SmartWway 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; and CommentsClose 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 SecretarySecretary of Commerce andTransportation shall, in coordination with 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) SmartWay Passenger Transport Study- CommentsClose CommentsPermalink
‘(1) IN GENERAL- Not later than 1 year after the date of enactment of this section, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the results of a study of the commercial passenger carrier industry, including tour, charter, intercity, commuter, and other passenger operations. CommentsClose CommentsPermalink
‘(2) INCLUSIONS- The study under paragraph (1) shall include-- CommentsClose CommentsPermalink
‘(A) an identification of options for commercial passenger carriers to promote energy-efficient, low-greenhouse gas emission transportation; and CommentsClose CommentsPermalink
‘(B) at the discretion of the Administrator, support for a partnership and recognition program for those commercial passenger carrier companies that demonstrate and achieve superior levels of greenhouse gas emissions performance. CommentsClose CommentsPermalink
‘(f) 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).‘(fh). CommentsClose CommentsPermalink
‘(g) 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; and CommentsClose 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
‘(gh) 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; and CommentsClose CommentsPermalink
‘(B) ability to promote the loan or lease program and associated technologies and strategies to the target audience; and CommentsClose 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; and CommentsClose CommentsPermalink
‘(C) terms granted to loan and lease recipients compared to prevailing market practices and/or rates. CommentsClose CommentsPermalink
‘(hi) 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 Sequestration
CommentsClose CommentsPermalink
Subtitle B--Carbon Capture and Sequestration CommentsClose 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; or CommentsClose 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; and CommentsClose 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 (
), 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)); and CommentsClose CommentsPermalink 42 U.S.C. 300h ‘(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; and CommentsClose 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; and CommentsClose 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; and CommentsClose CommentsPermalink
‘(D) other relevant information.’. CommentsClose CommentsPermalink
(b) Safe Drinking Water Act Standards- Section 1421 of the Safe Drinking Water Act (
) is amended by adding at the end the following: CommentsClose CommentsPermalink 42 U.S.C. 300h ‘(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; and CommentsClose 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; and CommentsClose 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 NEW 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 In this section: CommentsClose CommentsPermalink
‘(1) COVERED EGU- The term ‘covered EGU’ means a utility unit that is-- CommentsClose CommentsPermalink
‘(A) 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; and CommentsClose CommentsPermalink
‘(B) authorized under State or Federal law to derive at least 30 percent of the annual heat input from coal, petroleum coke, or any combination of theof the unit from-- CommentsClose CommentsPermalink
‘(iii) any combination of those fuels. CommentsClose CommentsPermalink
‘(2) INITIALLY PERMITTED- CommentsClose CommentsPermalink
The term ‘(A) IN GENERAL- The term ‘initially permitted’ means that the owner or operator, with respect to a covered EGU, means that-- CommentsClose CommentsPermalink
‘(i) the owner or operator of the covered EGU has received a preconstruction approval or permit under this Act, for the covered EGU as a new (not a as a new (not modified) source, but; but CommentsClose CommentsPermalink
‘(ii) administrative review or appeal of suchthe approval or permit has not been exhausted. CommentsClose CommentsPermalink
‘(B) CALCULATION- A subsequent modification of any such approval or permitsapproval or permit described in subparagraph (A), ongoing administrative or court review, appeals, or challenges, or the existence or tolling of any time to pursue furtheradditional review, appeals, or challenges shall not affect the date on which a covered EGU is considered to be initially permitted under this paragraph.‘(b) Standards- (1) A covered for purposes of this paragraph. CommentsClose CommentsPermalink
‘(b) Standards- CommentsClose CommentsPermalink
‘(1) IN GENERAL- A covered EGU that is initially permitted on or after January 1, 2020, shall achieve an emission limit that is a 65 -- CommentsClose CommentsPermalink
‘(A) achieve an emission limitation that represents a 65-percent reduction in emissions of the carbon dioxide produced by the unitcovered EGU, as measured on an annual basis, or meet such more ; or CommentsClose CommentsPermalink
‘(B) meet such more-stringent standard as the Administrator may establish pursuant to subsection (c). CommentsClose CommentsPermalink
‘(2) A covered CERTAIN COVERED EGUS- CommentsClose CommentsPermalink
‘(A) IN GENERAL- A covered EGU that is initially permitted after January 1, 2009, and before January 1, 2020, shallduring the period beginning on January 1, 2009, and ending on December 31, 2019, shall achieve, by the applicable compliance date established under this paragraph, achieve an emission limit that is a 50 n emission limitation that represents a 50-percent reduction in emissions of the carbon dioxide produced by the unitcovered EGU, as measured on an annual basis. CommentsClose CommentsPermalink
Compliance with the requirement set forth in this paragraph shall be required by the earliest of the following:‘(A) Four years after the date ‘(B) DATE OF REQUIREMENT- Compliance with the requirement described in subparagraph (A) shall be required by the earlier of-- CommentsClose CommentsPermalink
‘(i) the date that is 4 years after the date on which 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 permanent sequestration technology that, in the aggregate-- CommentsClose CommentsPermalink
‘(i) have a total of at least 4 gigawatts of nameplate generating capacity of which--
‘(I) at least 3 gigawatts must be electric generating units; and
‘(II) up to 1 gigawatt may be industrial applications, for which capture andI) have a total of at least 10 gigawatts of capacity (including at least 3 gigawatts which shall be through electric generating units, and up to 1 gigawatt which may be through industrial applications (for which capture and permanent sequestration of 3,000,000 tons of carbon dioxide per year on an aggregate annualized basis shall be considered equivalent to 1 gigawatt;‘(ii) include at least 2 electric generating)), measured as the sum of-- CommentsClose CommentsPermalink‘(aa) the treated generating capacity (as defined in section 780(a)) for electric generating unit retrofits and industrial sources; and CommentsClose CommentsPermalink
‘(bb) the nameplate capacity for new electric generating units; CommentsClose CommentsPermalink
‘(II) include at least 3 electric generating units, each with a nameplate generating capacity of 250 megawatts or greater, that capture, inject, and sequester carbon dioxide into geological formations other than oil and gas fields; and CommentsClose CommentsPermalink
‘(iiiIII) are capturing and sequestering in the aggregate at least 12,000,000 tons of carbon dioxide per year, calculated on an aggregate annualized basis.
‘(B) January 1, 2025.
‘(3); or CommentsClose CommentsPermalink‘(ii) January 1, 2020. CommentsClose CommentsPermalink
‘(3) PROGRESS REVIEW- CommentsClose CommentsPermalink
‘(A) IN GENERAL- Not later than June 30, 2017, the Administrator and the Secretary of Energy shall jointly prepare and submit to Congress a review of the status of commercial deployment of carbon capture and permanent sequestration technology that specifies-- CommentsClose CommentsPermalink
‘(i) the number of and size of units in the United States that are capturing and permanently sequestering carbon dioxide; CommentsClose CommentsPermalink
‘(ii) the tons of carbon dioxide being captured and permanently sequestered by those units; and CommentsClose CommentsPermalink
‘(iii) the geographical and technological diversity represented by those units and that technology. CommentsClose CommentsPermalink
‘(B) FINDING- To accompany the report under subparagraph (A), the Administrator and the Secretary of Energy shall make a finding that, in light of the status of commercial deployment of carbon capture and permanent sequestration technology, the date set forth in paragraph (2)(B)(ii) should-- CommentsClose CommentsPermalink
‘(i) remain in effect; or CommentsClose CommentsPermalink
‘(ii) in accordance with subparagraph (C), be extended to January 1, 2022. CommentsClose CommentsPermalink
‘(C) CONDITIONS FOR EXTENSION- The date set forth in paragraph (2)(B)(ii) shall be extended to January 1, 2022, only if-- CommentsClose CommentsPermalink
‘(i) the Administrator and the Secretary jointly find, pursuant to subparagraph (B), that the extension should occur; and CommentsClose CommentsPermalink
‘(ii) Congress acts to approve the finding by not later than January 1, 2018. CommentsClose CommentsPermalink
‘(4) UNIT-SPECIFIC EXTENSION- CommentsClose CommentsPermalink
‘(A) IN GENERAL- If the deadline for compliance with paragraph (2) is January 1, 2025, the Administrator maythe date specified in paragraph (2)(B), the Administrator may extend the deadline for compliance by a covered EGU by up tonot more than 18 months if the Administrator makes a determination, based on a showing by the owner or operator of the unitcovered EGU, 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 tcovered EGU to meet the standard by that date. CommentsClose CommentsPermalink
‘(B) REQUEST- An owner or operator of a covered EGU shall submit to the Administrator a request for an extension under subparagraph (A) by not later than June 1, 2018. CommentsClose CommentsPermalink
‘(C) PUBLIC COMMENT- The Administrator shall provide for public notice and comment on theeach extension request.‘(c) submitted under subparagraph (B). 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 emissionthe date specified in subsection (b)(2)(B), and not less frequently than once every 5 years thereafter, the Administrator shall-- CommentsClose CommentsPermalink
‘(1) review the standards for new covered EGUs under this section; and CommentsClose CommentsPermalink
‘(2) by rule, reduce the maximum carbon dioxide emission rate for new covered EGUs to a rate whichthat reflects the degree of emission limitation achievable through the application of the best system of emission reduction whichthat (taking into account the cost of achieving suchthe 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 the date that is 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 sequestrationtorage technology, including the information described in subsection (b)(2)(A) (including the cumulative generating capacity to which carbon capture and sequestration retrofit projects torage retrofit projects meeting the criteria described in section 775(b)(1)(A)(ii) and (b)(1)(A)(iv)(II) has been80(c)(1)(A) has been applied and the quantities of carbon dioxide captured and sequestered by suchthose 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.(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
(98) 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
(109) 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
(110) 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
(121) 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; and CommentsClose 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); and CommentsClose 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-Bbased 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 Technologies
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Subtitle C--Nuclear and Advanced Technologies CommentsClose 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; and CommentsClose 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; and CommentsClose 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; and CommentsClose 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; and CommentsClose 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-Tterm 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; and CommentsClose CommentsPermalink
(ii) help protect the environment of the United States; and CommentsClose 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; and CommentsClose CommentsPermalink
(v) examine issues, including-- CommentsClose CommentsPermalink
(I) issues relating to material degradation, plant aging, and technology upgrades; and CommentsClose 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; and CommentsClose 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 Efficiency
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Subtitle D--Water Efficiency CommentsClose 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; and CommentsClose 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; and CommentsClose 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; and CommentsClose 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; and CommentsClose 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; and CommentsClose 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; and CommentsClose 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; and CommentsClose 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; or CommentsClose 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) WaterATERSENSE 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) WaterATERSENSE 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; or CommentsClose 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; or CommentsClose 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; and CommentsClose 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; or CommentsClose 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; and CommentsClose CommentsPermalink
(x) New Water Efficient Homes certified by the WaterSense program. CommentsClose CommentsPermalink
(4) WaterATERSENSE 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; and CommentsClose 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; and CommentsClose 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; or CommentsClose 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; and CommentsClose 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; and CommentsClose 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
Subtitle E--Miscellaneous
CommentsClose CommentsPermalink
Subtitle E--Miscellaneous CommentsClose CommentsPermalink
SEC. 151. OFFICE OF CONSUMER ADVOCACY.
(a) Definitions- In this section: CommentsClose CommentsPermalink
(1) ADVISORY COMMITTEE- The term ‘Advisory Committee’ means the Consumer Advocacy Advisory Committee established under subsection (c)(1). CommentsClose CommentsPermalink
(2) COMMISSION- The term ‘Commission’ means the Federal Energy Regulatory Commission. CommentsClose CommentsPermalink
(3) ENERGY CUSTOMER- The term ‘energy customer’ means a residential customer or a small commercial customer that receives products or services from a public utility or natural gas company under the jurisdiction of the Commission. CommentsClose CommentsPermalink
(4) NATURAL GAS COMPANY- The term ‘natural gas company’ has the meaning given the term in section 2 of the Natural Gas Act (
(5) OFFICE- The term ‘Office’ means the Office of Consumer Advocacy established by subsection (b)(1). CommentsClose CommentsPermalink
(6) PUBLIC UTILITY- The term ‘public utility’ has the meaning given the term in section 201(e) of the Federal Power Act (
(7) SMALL COMMERCIAL CUSTOMER- The term ‘small commercial customer’ means a commercial customer that has a peak demand of not more than 1,000 kilowatts per hour. CommentsClose CommentsPermalink
(b) Office- CommentsClose CommentsPermalink
(1) ESTABLISHMENT- There is established an Office of Consumer Advocacy to serve as an advocate for the public interest. CommentsClose CommentsPermalink
(2) DIRECTOR- The Office shall be headed by a Director to be appointed by the President, who is admitted to the Federal Bar, with experience in public utility proceedings, and by and with the advice and consent of the Senate. CommentsClose CommentsPermalink
(3) DUTIES- The Office may-- CommentsClose CommentsPermalink
(A) represent, and appeal on behalf of, energy customers on matters concerning rates or service of public utilities and natural gas companies under the jurisdiction of the Commission-- CommentsClose CommentsPermalink
(i) at hearings of the Commission; CommentsClose CommentsPermalink
(ii) in judicial proceedings in the courts of the United States; and CommentsClose CommentsPermalink
(iii) at hearings or proceedings of other Federal regulatory agencies and commissions; CommentsClose CommentsPermalink
(B) monitor and review energy customer complaints and grievances on matters concerning rates or service of public utilities and natural gas companies under the jurisdiction of the Commission; CommentsClose CommentsPermalink
(C) investigate independently, or within the context of formal proceedings, the services provided by, the rates charged by, and the valuation of the properties of, public utilities and natural gas companies under the jurisdiction of the Commission; CommentsClose CommentsPermalink
(D) develop means, such as public dissemination of information, consultative services, and technical assistance, to ensure, to the maximum extent practicable, that the interests of energy consumers are adequately represented in the course of any hearing or proceeding described in subparagraph (A); CommentsClose CommentsPermalink
(E) collect data concerning rates or service of public utilities and natural gas companies under the jurisdiction of the Commission; and CommentsClose CommentsPermalink
(F) prepare and issue reports and recommendations. CommentsClose CommentsPermalink
(4) COMPENSATION AND POWERS- The Director may-- CommentsClose CommentsPermalink
(A) employ and fix the compensation of such staff personnel as is deemed necessary; and CommentsClose CommentsPermalink
(B) procure temporary and intermittent services as needed. CommentsClose CommentsPermalink
(5) ACCESS TO INFORMATION- Each department, agency, and instrumentality of the Federal Government is authorized and directed to furnish to the Director such reports and other information as he deems necessary to carry out his functions under this section. CommentsClose CommentsPermalink
(bc) Consumer Advocacy Advisory Committee- CommentsClose CommentsPermalink
(1) ESTABLISHMENT- The Director shall establish an advisory committee, to be known as Consumer Advocacy Advisory Committee (in this section referred to as the ‘Advisory Committee’), to review rates, services, and disputes and to make recommendations to the Director. CommentsClose CommentsPermalink
(2) COMPOSITION- The Director shall appoint 5 members to the Advisory Committee including-- CommentsClose CommentsPermalink
(A) 2 individuals representing State Utility Consumer Advocates; and CommentsClose CommentsPermalink
(B) 1 individual, from a nongovernmental organization, representing consumers. CommentsClose CommentsPermalink
(3) MEETINGS- The Advisory Committee shall meet at such frequency as may be required to carry out its duties. CommentsClose CommentsPermalink
(4) REPORTS- The Director shall provide for publication of recommendations of the Advisory Committee on the public website established for the Office. CommentsClose CommentsPermalink
(5) DURATION- Notwithstanding any other provision of law, the Advisory Committee shall continue in operation during the period in which the Office exists. CommentsClose CommentsPermalink
(6) APPLICATION OF FACA- Except as otherwise specifically provided, the Advisory Committee shall be subject to the Federal Advisory Committee Act. CommentsClose CommentsPermalink
(c) Definitions- In this section: (1) COMMISSION- The term ‘Commission’ means the Federal Energy Regulatory Commission. (2) ENERGY CUSTOMER- The term ‘energy customer’ means a residential customer or a small commercial customer that receives products or services from a public utility or natural gas company under the jurisdiction of the Commission. (3) NATURAL GAS COMPANY- The term ‘natural gas company’ has the meaning given the term in section 2 of the Natural Gas Act ( (4) OFFICE- The term ‘Office’ means the Office of Consumer Advocacy established by subsection (a)(1). (5) PUBLIC UTILITY- The term ‘public utility’ has the meaning given the term in section 201(e) of the Federal Power Act ( (6) SMALL COMMERCIAL CUSTOMER- The term ‘small commercial customer’ means a commercial customer that has a peak demand of not more than 1,000 kilowatts per hour.
(e) Savings Clause- Nothing in this section affects the rights or obligations of State Utility Consumer Advocates. CommentsClose CommentsPermalink
SEC. 152. CLEAN TECHNOLOGY BUSINESS COMPETITION GRANT PROGRAM.
(a) In General- The Administrator may provide grants to organizations to conduct business competitions that provide incentives, training, and mentorship to entrepreneurs and early stage start-up companies throughout the United States to meet high-priority economic, environmental, and energy goals in areas including air quality, energy efficiency and renewable energy, transportation, water quality and conservation, green buildings, and waste management. CommentsClose CommentsPermalink
(b) Purposes- CommentsClose CommentsPermalink
(1) IN GENERAL- The competitions described in subsection (a) shall have the purposes of-- CommentsClose CommentsPermalink
(A) accelerating the development and deployment of clean technology businesses and green jobs; CommentsClose CommentsPermalink
(B) stimulating green economic development; CommentsClose CommentsPermalink
(C) providing business training and mentoring to early stage clean technology companies; and CommentsClose CommentsPermalink
(D) strengthening the competitiveness of United States clean technology industry in world trade markets. CommentsClose CommentsPermalink
(2) PRIORITY- Priority shall be given to business competitions that-- CommentsClose CommentsPermalink
(A) are led by the private sector; CommentsClose CommentsPermalink
(B) encourage regional and interregional cooperation; and CommentsClose CommentsPermalink
(C) can demonstrate market-driven practices and the creation of cost-effective green jobs through an annual publication of competition activities and directory of companies. CommentsClose CommentsPermalink
(c) Eligibility- CommentsClose CommentsPermalink
(1) IN GENERAL- To be eligible for a grant under this section, an organization shall be any sponsored entity of an organization described in subparagraph (A) that is operated as a nonprofit entity. CommentsClose CommentsPermalink
(2) PRIORITY- In making grants under this section, the Administrator shall give priority to organizations that can demonstrate broad funding support from private and other non-Federal funding sources to leverage Federal investment. CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $20,000,000. CommentsClose CommentsPermalink
SEC. 153. PRODUCT CARBON DISCLOSURE PROGRAM.
(a) EPA Study- The Administrator shall conduct a study to determine the feasibility of establishing a national program for measuring, reporting, publicly disclosing, and labeling products or materials sold in the United States for their carbon content, and shall, not later than 18 months after the date of enactment of this Act, transmit a report to Congress which shall include the following: CommentsClose CommentsPermalink
(1) A determination of whether a national product carbon disclosure program and labeling program would be effective in achieving the intended goals of achieving greenhouse gas reductions and an examination of existing programs globally and their strengths and weaknesses. CommentsClose CommentsPermalink
(2) Criteria for identifying and prioritizing sectors and products and processes that should be covered in such program or programs. CommentsClose CommentsPermalink
(3) An identification of products, processes, or sectors whose inclusion could have a substantial carbon impact (prioritizing industrial products such as iron and steel, aluminum, cement, chemicals, and paper products, and also including food, beverage, hygiene, cleaning, household cleaners, construction, metals, clothing, semiconductor, and consumer electronics). CommentsClose CommentsPermalink
(4) Suggested methodology and protocols for measuring the carbon content of the products across the entire carbon lifecycle of such products for use in a carbon disclosure program and labeling program. CommentsClose CommentsPermalink
(5) A review of existing greenhouse gas product accounting standards, methodologies, and practices including the Greenhouse Gas Protocol, ISO 14040/44, ISO 14067, and Publically Available Specification 2050, and including a review of the strengths and weaknesses of each. CommentsClose CommentsPermalink
(6) A survey of secondary databases including the Manufacturing Energy Consumption Survey, an evaluation of the quality of data for use in a product carbon disclosure program and product carbon labeling program, an identification of gaps in the data relative to the potential purposes of a national product carbon disclosure program and product carbon labeling program, and development of recommendations for addressing these data gaps. CommentsClose CommentsPermalink
(7) An assessment of the utility of comparing products and the appropriateness of product carbon standards. CommentsClose CommentsPermalink
(8) An evaluation of the information needed on a label for clear and accurate communication, including what pieces of quantitative and qualitative information need to be disclosed. CommentsClose CommentsPermalink
(9) An evaluation of the appropriate boundaries of the carbon lifecycle analysis for different sectors and products. CommentsClose CommentsPermalink
(10) An analysis of whether default values should be developed for products whose producer does not participate in the program or does not have data to support a disclosure or label and a determination of the best ways to develop such default values. CommentsClose CommentsPermalink
(11) A recommendation of certification and verification options necessary to assure the quality of the information and avoid greenwashing or the use of insubstantial or meaningless environmental claims to promote a product. CommentsClose CommentsPermalink
(12) An assessment of options for educating consumers about product carbon content and the product carbon disclosure program and product carbon labeling program. CommentsClose CommentsPermalink
(13) An analysis of the costs and timelines associated with establishing a national product carbon disclosure program and product carbon labeling program, including options for a phased approach. Costs should include those for businesses associated with the measurement of carbon footprints and those associated with creating a product carbon label and managing and operating a product carbon labeling program, and options for minimizing these costs. CommentsClose CommentsPermalink
(14) An evaluation of incentives (such as financial incentives, brand reputation, and brand loyalty) to determine whether reductions in emissions can be accelerated through encouraging more efficient manufacturing or by encouraging preferences for lower-emissions products to substitute for higher-emissions products whose level of performance is no better. CommentsClose CommentsPermalink
(b) Development of National Carbon Disclosure Program- Upon conclusion of the study, and not later than 3 years after the date of enactment of this Act, the Administrator shall establish a national product carbon disclosure program, participation in which shall be voluntary, and which may involve a product carbon label with broad applicability to the wholesale and consumer markets to enable and encourage knowledge about carbon content by producers and consumers and to inform efforts to reduce energy consumption (carbon dioxide equivalent emissions) nationwide. In developing such a program, the Administrator shall-- CommentsClose CommentsPermalink
(1) consider the results of the study conducted under subsection (a); CommentsClose CommentsPermalink
(2) consider existing and planned programs and proposals and measurement standards (including the Publicly Available Specification 2050, standards to be developed by the World Resource Institute/World Business Council for Sustainable Development, the International Standards Organization, and the bill AB19 pending in the California legislature as of the date of enactment of this Act); CommentsClose CommentsPermalink
(3) consider the compatibility of a national product carbon disclosure program with existing programs; CommentsClose CommentsPermalink
(4) utilize incentives and other means to spur the adoption of product carbon disclosure and product carbon labeling; CommentsClose CommentsPermalink
(5) develop protocols and parameters for a product carbon disclosure program, including a methodology and formula for assessing, verifying, and potentially labeling a product’s greenhouse gas content, and for data quality requirements to allow for product comparison; CommentsClose CommentsPermalink
(6) create a means to-- CommentsClose CommentsPermalink
(A) document best practices; CommentsClose CommentsPermalink
(B) ensure clarity and consistency; CommentsClose CommentsPermalink
(C) work with suppliers, manufacturers, and retailers to encourage participation; CommentsClose CommentsPermalink
(D) ensure that protocols are consistent and comparable across like products; and CommentsClose CommentsPermalink
(E) evaluate the effectiveness of the program; CommentsClose CommentsPermalink
(7) make publicly available information on product carbon content to ensure transparency; CommentsClose CommentsPermalink
(8) provide for public outreach, including a consumer education program to increase awareness; CommentsClose CommentsPermalink
(9) develop training and education programs to help businesses learn how to measure and communicate their carbon footprint and easy tools and templates for businesses to use to reduce cost and time to measure their products’ carbon lifecycle; CommentsClose CommentsPermalink
(10) consult with the Secretary of Energy, the Secretary of Commerce, the Federal Trade Commission, and other Federal agencies, as necessary; CommentsClose CommentsPermalink
(11) gather input from stakeholders through consultations, public workshops, or hearings with representatives of consumer product manufacturers, consumer groups, and environmental groups; CommentsClose CommentsPermalink
(12) utilize systems for verification and product certification that will ensure that claims manufacturers make about their products are valid; CommentsClose CommentsPermalink
(13) create a process for reviewing the accuracy of product carbon label information and protecting the product carbon label in the case of a change in the product’s energy source, supply chain, ingredients, or other factors, and specify the frequency to which data should be updated; and CommentsClose CommentsPermalink
(14) develop a standardized, easily understandable carbon label, if appropriate, and create a process for responding to inaccuracies and misuses of such a label. CommentsClose CommentsPermalink
(c) Report to Congress- Not later than 5 years after the program is established pursuant to subsection (b), the Administrator shall report to Congress on the effectiveness and impact of the program, the level of voluntary participation, and any recommendations for additional measures. CommentsClose CommentsPermalink
(d) Definitions- In this section: CommentsClose CommentsPermalink
(1) The term ‘carbon content’ means the quantity of greenhouse gas emissions and the warming impact of those emissions on the atmosphere expressed in carbon dioxide equivalent associated with a product’s value chain. CommentsClose CommentsPermalink
(2) The term ‘carbon footprint’ means the level of greenhouse gas emissions produced by a particular activity, service, or entity. CommentsClose CommentsPermalink
(3) The term ‘carbon lifecycle’ means the greenhouse gas emissions that are released as part of the processes of creating, producing, processing, manufacturing, modifying, transporting, distributing, storing, using, recycling, or disposing of goods and services. CommentsClose CommentsPermalink
(e) Authorization of Appropriations- There is authorized to be appropriated to the Administrator-- CommentsClose CommentsPermalink
(1) to carry out the study required by subsection (a), $5,000,000; and CommentsClose CommentsPermalink
(2) to carry out the program required under subsection (b), $25,000,000 for each of fiscal years 2010 through 2025. CommentsClose CommentsPermalink
SEC. 154. STATE RECYCLING PROGRAMS.
(a) Establishment- The Administrator shall establish a State Recycling Program governing the use of funds by States in accordance with this Act. CommentsClose CommentsPermalink
(b) Use of Funding- CommentsClose CommentsPermalink
(1) IN GENERAL- States receiving funding to carry out this section shall use the proceeds to carry out recycling programs, including reuse programs, in accordance with this section. CommentsClose CommentsPermalink
(2) COUNTY AND MUNICIPAL PROGRAMS- NSubject to subsection (d), not less than 1/4 of the funding made available to a State to carry out this section shall be distributed by the State to county and municipal recycling programs as described in subsectionand reuse programs (or to State recycling and reuse programs, if that State does not have a county or municipal program) as described in subsection (c)(1), to be used exclusively to support recycling purposes and associated and reuse purposes and associated source reduction purposes, including to provide incentives-- CommentsClose CommentsPermalink
(A) for recycling- and reuse-related technology that-- CommentsClose CommentsPermalink
(i) reduces or avoids greenhouse gas emissions; CommentsClose CommentsPermalink
(ii) increases collection rates; CommentsClose CommentsPermalink
and(iii) improves the quality of recyclable material that is separated from solid waste; or CommentsClose CommentsPermalink
(iv) increases the reuse of products that would otherwise be disposed; CommentsClose CommentsPermalink
(B) for energy-efficiency projects for transportation fleets and recycling equipment used to collect and sort recyclable material and reusable products separated from solid waste; CommentsClose CommentsPermalink
(C) for recycling and reuse program-related expenses, including-- CommentsClose CommentsPermalink
(i) education and job training; CommentsClose CommentsPermalink
(ii) development and implementation of variable rate (commonly referred to as ‘pay-as-you-throw’) recycling programsfunding programs and composting, including anaerobic digestion programs; CommentsClose CommentsPermalink
(iii) promotion of public space recycling programs; CommentsClose CommentsPermalink
(iv) approaches for assuring compliance with recycling and reuse requirements; and CommentsClose CommentsPermalink
(v) development or implementation of best practices for municipal solid waste reduction and reuse programs; and CommentsClose CommentsPermalink
(vi) incentives for the deployment of reuse technology and equipment that reduces or avoids greenhouse gas emissions; and CommentsClose CommentsPermalink
(D) to ensure that recyclable material is not s and reusable products are not sent for disposal or incineration during fluctuating markets. CommentsClose CommentsPermalink
(3) RECYCLING FACILITIES- Not less than 1/4 of the funding made available to a State to carry out this section shall be distributed by the State to eligible recyclingAND REUSE FACILITIES- Subject to subsection (d), not less than 1/4 of the funding made available to a State to carry out this section shall be distributed by the State to eligible recycling and reuse facilities as described in subsection (c)(2) to be used exclusively to support the recycling purposes and associated source reduction purposes of the facilities, including to provide-- CommentsClose CommentsPermalink
(A) incentives for the demonstration or deployment of recycling- and reuse-related technology and equipment that reduce or avoid greenhouse gas emissions; CommentsClose CommentsPermalink
(B) incentives to facilities that increase the quantity and quality of recyclable material that is recyclor reusable products that are recycled or reused versus sent for disposal or incineration; CommentsClose CommentsPermalink
(C) funding for research, management, and removal of impediments to recycling and reuse, including-- CommentsClose CommentsPermalink
(i) radioactive material; CommentsClose CommentsPermalink
and(ii)(ii) devices or materials that contain polychlorinated biphenyls, mercury, or chlorofluorocarbons; CommentsClose CommentsPermalink
(iii) improved collection systems; and CommentsClose CommentsPermalink
(iv) production of products that are reusable; CommentsClose CommentsPermalink
(D) funding for research on, and development and deployment of, new technologies to more efficiently and effectively recycle items and reuse products such as automobile shredder residue, cathode ray tubes, plastics, and tires; and CommentsClose CommentsPermalink
(E) incentives to recycle materials identified by the Administrator that are notand reuse products identified by the Administrator that are not being recycled at a recycling facility. CommentsClose CommentsPermalink
(4) MANUFACTURING FACILITIES- Not less than 1/4 of the funding made available to a State to carry out this section shall be distributed by the State to eligibleSubject to subsection (d), not less than 1/4 of the funding made available to a State to carry out this section shall be distributed by the State to eligible manufacturing facilities as described in subsection (c)(3) to be used exclusively to support recycling and reuse purposes, including to provide incentives for the demonstration or deployment of-- CommentsClose CommentsPermalink
(A) manufacturing-related technology and equipment that would increase the use of recyclable material and the reuse of products and avoid or reduce greenhouse gas emissions; CommentsClose CommentsPermalink
(B) radiation detection equipment and the costs associated with recovery of detected radiated recyclable material; CommentsClose CommentsPermalink
(C) technologies that will detect and separate contaminants, including mercury-, lead-, and cadmium-containing devices; CommentsClose CommentsPermalink
(D) strategies and technologies to remove impediments to recovering recyclable material and product reuse; and CommentsClose CommentsPermalink
(E) strategies and technologies to improve the energy efficiency of technology and equipment used to manufacture recyclable materialand reusable products. CommentsClose CommentsPermalink
(5) REUSE FACILITIES- Not more than 1/4 of the funding made available to a State to carry out this section may be distributed by the State to eligible reuse facilities described in subsection (c)(4), to be used exclusively to support the reuse purposes and associated source reduction purposes of the facilities, including to provide-- CommentsClose CommentsPermalink
(A) incentives for the demonstration or deployment of reuse-related technology and equipment that reduces or avoids greenhouse gas emissions; CommentsClose CommentsPermalink
(B) incentives to facilities that increase the quantity and quality of products and materials that are reused versus sent for disposal or incineration; CommentsClose CommentsPermalink
(C) funding for research, management, and removal of impediments to reuse, including-- CommentsClose CommentsPermalink
(i) improved collection systems; and CommentsClose CommentsPermalink
(ii) production of products that are reusable; CommentsClose CommentsPermalink
(D) funding for research on, and development and deployment of, new technologies to more efficiently and effectively reuse products; and CommentsClose CommentsPermalink
(E) other incentives to reuse products, as identified by the Administrator. CommentsClose CommentsPermalink
(c) Eligibility Requirements- CommentsClose CommentsPermalink
(1) COUNTY AND MUNICIPALITY PROGRAMS- Funds provided under subsection (b)(2) shall be provided on a competitive basis to county and municipal recycling and reuse programs that-- CommentsClose CommentsPermalink
(A) have within the solid waste management plans of the programs a recycling and reuse management plan that includes an education outreach program for the individuals and entities served by the program constituency that highlights the lifecycle benefits of recycling; and CommentsClose CommentsPermalink
(B) collect at least 5 recycltypes of recyclable or reusable materials, such as-- CommentsClose CommentsPermalink
(i) ferrous and nonferrous metal; CommentsClose CommentsPermalink
(ii) aluminum; CommentsClose CommentsPermalink
(iii) plastic; CommentsClose CommentsPermalink
(iv) tires and rubber; CommentsClose CommentsPermalink
(v) household electronic equipment; CommentsClose CommentsPermalink
(vi) glass; CommentsClose CommentsPermalink
(vii) scrap food; CommentsClose CommentsPermalink
(viii) recoverable fiber or paper; CommentsClose CommentsPermalink
and(ix) textiles (ix) textiles; and CommentsClose CommentsPermalink
(x) consumer packing; CommentsClose CommentsPermalink
(C) demonstrate, not later than 3 years after the date of receipt of funds under this subtitle, reasonable progress toward achieving-- CommentsClose CommentsPermalink
(i) a collection rate goal of at least 30 percent of the total recyclable or reusable materials available from the solid waste stream in the requesting State, county, or municipal program; or CommentsClose CommentsPermalink
(ii) a 10-percent increase of collected recyclable materials compared to the total solid waste stream in the requesting State, county, or municipal program; and CommentsClose CommentsPermalink
(D)(i) own, operate, or contract to operatehandle, operate, or sell 1 or more of-- CommentsClose CommentsPermalink
(I) a curbside recyclables collection program; CommentsClose CommentsPermalink
(II) a redemption center or drop-off facility for recyclables; and or reusable products; or CommentsClose CommentsPermalink
(III) a materials recovery facility; and CommentsClose CommentsPermalink
(ii) have in place a quality, environmental, health, and safety management system (such as that of the International Standards Organization or an equivalent) that includes goals to reduce the operational carbon baselines of the programs. CommentsClose CommentsPermalink
(2) RECYCLING FACILITYAND REUSE FACILITIES- Funds provided under subsection (b)(3) shall be provided on a competitive basis to an existing recycling facility that-- CommentsClose CommentsPermalink
(A) processes recyclable material into commercial specification-grade commodities for use as raw material feed stock at recovery facilities, including for use as-- CommentsClose CommentsPermalink
(i) a replacement or substitute for a virgin raw material; or CommentsClose CommentsPermalink
(ii) a replacement or substitute for a product made, in whole or in part, from a virgin raw material; CommentsClose CommentsPermalink
(B) has a verifiable carbon baseline; and CommentsClose CommentsPermalink
(C) has an environmental, health and safety, and quality management system (such as that of the International Standards Organization or an equivalent) that includes goals to reduce the operational carbon baseline of the recycling facility per unit of material processed. CommentsClose CommentsPermalink
(3) MANUFACTURING FACILITY- Funds provided under subsection (b)(4) shall be provided on a competitive basis to a manufacturing facility that-- CommentsClose CommentsPermalink
(A) recovers significant recyclable or reusable material; CommentsClose CommentsPermalink
(B) can report on a verifiable carbon baseline that is consistent with applicable reporting requirements; and CommentsClose CommentsPermalink
(BC) has an environmental, health and safety, and quality management system (such as that of the International Standards Organization or an equivalent) that includes-- CommentsClose CommentsPermalink
(i) goals to reduce the operational carbon baseline of the manufacturing facility per unit of material processed.(d) ; or CommentsClose CommentsPermalink
(ii) evidence that the reuse of products processed serves to reduce carbon emissions. CommentsClose CommentsPermalink
(4) REUSE FACILITIES- Funds under subsection (b)(5) may be provided on a competitive basis to an existing reuse facility that-- CommentsClose CommentsPermalink
(A) processes reusable material to be used as a replacement or substitute for a new product; CommentsClose CommentsPermalink
(B) can report on a verifiable carbon baseline; and CommentsClose CommentsPermalink
(C) has an environmental, health and safety, and quality management system (such as that of the International Standards Organization or an equivalent) that includes goals to reduce the operational carbon baseline of the reuse facility per unit of material processed, or evidence that the reuse of products processed serves to reduce carbon emissions. CommentsClose CommentsPermalink
(d) Reporting- Each State that distributes funds under this section shall submit to the Administrator, in accordance with such requirements as the Administrator may prescribe, a report that includes-- CommentsClose CommentsPermalink
(1) a list of entities receiving funding under this section, including entities receiving such funding from units of local government pursuant to subsection (b)(2); CommentsClose CommentsPermalink
(2) the amount of funding received by each such recipient; CommentsClose CommentsPermalink
(3) the specific purposes for which the funding was conveyed to each such recipient; and CommentsClose CommentsPermalink
(4) documentation of the quantity of net recyclable material that was s and reusable products that were collected and processed and greenhouse gas emissions that were reduced or avoided accordingly, through use of the funding, based on a lifecycle calculation developed by the Administrator. CommentsClose CommentsPermalink
(e) Methodology and Decisionmaking- The Administrator, as appropriate-- CommentsClose CommentsPermalink
(1) shall develop and periodically update lifecycle methods to quantify the relationship between waste management decisions, including recycling, reuse, and waste reduction, greenhouse gas reductions, and energy use reductions, for purposes that include-- CommentsClose CommentsPermalink
(A) helping to support decisions under Federal, State, and municipal recycling, reuse, and waste management programs, including-- CommentsClose CommentsPermalink
(i) estimating greenhouse gas and energy benefits of increasing collection or adding new materials to recycling expanding recycling and reuse programs; CommentsClose CommentsPermalink
(ii) comparing the benefits of recycling, reuse, and waste reduction to other greenhouse gas and energy use reduction strategies; CommentsClose CommentsPermalink
(iii) optimizing waste management strategies to maximize greenhouse gas reductions and energy use reductions; and CommentsClose CommentsPermalink
(iv) public education; and CommentsClose CommentsPermalink
(B) designing products to optimize waste reduction and recycling, reuse, and recycling opportunities and use of recycled materials in the manufacturing process; CommentsClose CommentsPermalink
(2) may collect data to support the development of the methods described in paragraph (1); and CommentsClose CommentsPermalink
(3) to improve national consistency, shall, in consultation with appropriate State and local representatives and municipal recycling programs, identify best practices to promote improvement in, and support State efforts in improving, municipal recycling, reuse, and resource recovery programs. CommentsClose CommentsPermalink
SEC. 155. SUPPLEMENTAL AGRICULTURE, ABANDONED MINE LAND, AND FORESTRY GREENHOUSE GAS REDUCTION AND RENEWABLE ENERGY PROGRAM.
(a) Agricultural Greenhouse Gas Reductions- CommentsClose CommentsPermalink
(1) ESTABLISHMENT- CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary of Agriculture (referred to in this section as the ‘Secretary’), in coordination with the Secretary of the Interior, shall establish a Greenhouse Gas Reduction Incentives Program (referred to in this section as the ‘program’) to provide financial assistance to owners and operators of agricultural land (including land on which specialty crops are produced and private or public land used for grazing) and forest land for projects and activities, private or public abandoned mine land, and forest land for projects and activities that measurably increase carbon sequestration or reduce greenhouse gas emissions. CommentsClose CommentsPermalink
(B) SHARED AUTHORITY- The Secretary shall delegate to the Secretary of the Interior the authority to carry out projects on land under the jurisdiction of or operated by the Department of the Interior. CommentsClose CommentsPermalink
(2) PRIORITY- In carrying out the program, the Secretary shall give priority to projects or activities that-- CommentsClose CommentsPermalink
(A) reduce greenhouse gas emissions or increase sequestration of greenhouse gases, and achieve significant other environmental benefits, such as the improvements of water or air quality or natural resources in agricultural, abandoned mine land, and forestry operations; and CommentsClose CommentsPermalink
(B) reduce greenhouse gas emissions or sequester carbon in agricultural and forestry operations where there are limited recognized opportunities to achieve such emission reductions or sequestration. CommentsClose CommentsPermalink
(3) ELIGIBLE PROJECTS AND ACTIVITIES- Eligible projects and payments shall include those that-- CommentsClose CommentsPermalink
(A) reflect the comparable amount that the owners or operators would receive in the offset market if not for compliance with environmental laws that preclude the owners and operators from being eligible for receiving an offset credit under a Federal law enacted for the purpose of regulating greenhouse gas emissions; CommentsClose CommentsPermalink
(B) provide greenhouse gas emission benefits, but do not receive an offset credit or qualify for an early action allowance under a Federal law enacted for the purpose of regulating greenhouse gas emissions, including projects and activities that provide an opportunity to demonstrate and test new or uncertain methods to reduce or sequester emissions; CommentsClose CommentsPermalink
(C) reward early adopters, including producers that practice no-till agriculture, and ensure that individuals and entities that took action prior to the implementation of a Federal law enacted for the purpose of regulating greenhouse gas emissions are not placed at a competitive disadvantage, including giving special consideration to owners or operators located in jurisdictions with more stringent environmental laws (including regulations), compliance with which precludes the owners or operators from participating such an offset market; CommentsClose CommentsPermalink
(D) provide incentives for supplemental greenhouse gas emission reductions on private and public forest land of the United States; CommentsClose CommentsPermalink
(E) prevent any conversion of land, including native grassland, native prairie, rangeland, cropland, or forested land, that would increase greenhouse gas emissions or a loss of carbon sequestration; CommentsClose CommentsPermalink
or(F (F) promote the recovery and reuse of abandoned mine land that otherwise would increase greenhouse gas emissions or cause a loss of carbon sequestration, provided that not more than 5 percent of the total value of the forms of assistance provided under the program for each year shall be used for the projects and activities described in this subparagraph; or CommentsClose CommentsPermalink
(G) support action on Federal, State, or tribal land.(4) REQUIREMENTS that encourages improvements and management practices that include carbon sequestration benefits. CommentsClose CommentsPermalink
(4) REQUIREMENT- Financial incentives and support provided by the Secretary for a project or activity under this section shall, to the maximum extent practicable--(A) be directly , be directly proportional to the quantity and duration of greenhouse gas emissions reduced or carbon sequestered (except with respect to projects and activities that provide adaptation benefits); and(B). CommentsClose CommentsPermalink
(5) OTHER PROJECTS- The Secretary shall consider projects and activities that complement and leverage existing conservation, forestry, and energy program expenditures to provide measurable emission reduction and sequestration benefits that otherwise may not take place or continue to exist. CommentsClose CommentsPermalink
(56) ELIGIBILITY- An owner or operator shall not be prohibited from participating in the program established under this section due to participation of the owner or operator in other Federal or State conservation or agricultural assistance programs. CommentsClose CommentsPermalink
(67) FORMS OF ASSISTANCE- The Secretary may use any of the following to provide assistance under this section: CommentsClose CommentsPermalink
(A) Conservation easementsPermanent conservation easements, for which the Secretary shall give priority in providing assistance under this section. CommentsClose CommentsPermalink
(B) Carbon sequestration and or carbon mitigation contracts between the owner or operator and the Secretary for the performance of projects or activities that reduceprovide a measurable reduction in greenhouse gas emissions or sequester carbon. CommentsClose CommentsPermalink
(C) Financial incentives through land management contracts or agreements, including timber harvestsale, service, or stewardship contracts. CommentsClose CommentsPermalink
(D) Financial incentives through grazing contracts. CommentsClose CommentsPermalink
(E) Grants. CommentsClose CommentsPermalink
(F) Such other forms of assistance as the Secretary determines to be appropriate. CommentsClose CommentsPermalink
(78) REVERSALS- The Secretary shall specify methods to address intentional or unintentional reversal of carbon sequestration or greenhouse gas emission reductions that occur during the term of a contract or easement under this section. CommentsClose CommentsPermalink
(89) ACCOUNTING SYSTEMS- In carrying out this section, the Secretary shall develop and implement-- CommentsClose CommentsPermalink
(A) a national accounting system for carbon stocks, sequestration, and greenhouse gas emissions that may be used to assess progress in implementing this section at a national level; and CommentsClose CommentsPermalink
(B) credible reporting and accounting systems to ensure that incentives provided under this section are achieving stated objectives. CommentsClose CommentsPermalink
(910) PROGRAM MEASUREMENT, MONITORING, AND VERIFICATION- The Secretary, in consultation with the Administrator-- CommentsClose CommentsPermalink
(A) shall establish and implement protocols that provide reasonable monitoring and verification of compliance with terms associated with assistance provided under this section, including field sampling of actual performance, to develop annual estimates of emission reductions achieved under the program; CommentsClose CommentsPermalink
(B) shall report annually the total number of tons of carbon dioxide sequestered or the total number of tons of emissions avoided through incentives provided under this section; and CommentsClose CommentsPermalink
(C) not later than 2 years after the date of enactment of this Act, and at least every 18 months thereafter, submit to Congress and make available to the public on the website of the Department of Agriculture a report that includes-- CommentsClose CommentsPermalink
(i) an estimate of annual and cumulative reductions generated through the program under this section, determined using standardized measures (including economic efficiency); and CommentsClose CommentsPermalink
(ii) a summary of any changes to the program, in accordance with this section, that will be made as a result of program measurement, monitoring, and verification conducted under this section. CommentsClose CommentsPermalink
(b) Research Program- The Secretary shall establish by rule a program to conduct research to develop additional projects and activities for crops to find additional techniques and methods to reduce greenhouse gas emissions or sequester greenhouse gases that may or may not meet criteria for a Federal law enacted for the purpose of regulating greenhouse gas emissions. CommentsClose CommentsPermalink
SEC. 156. ECONOMIC DEVELOPMENT CLIMATE CHANGE FUND.
(a) In General- Title II of the Public Works and Economic Development Act of 1965 (
‘SEC. 219. ECONOMIC DEVELOPMENT CLIMATE CHANGE FUND.
‘(a) In General- On the application of an eligible recipient, the Secretary may provide technical assistance, make grants, enter into contracts, or otherwise provide amounts for projects-- CommentsClose CommentsPermalink
‘(1) to promote energy efficiency to enhance economic competitiveness; CommentsClose CommentsPermalink
‘(2) to increase the use of renewable energy resources to support sustainable economic development and job growth; CommentsClose CommentsPermalink
‘(3) to support the development of conventional energy resources to produce alternative transportation fuels, electricity and heat; CommentsClose CommentsPermalink
‘(4) to develop energy efficient or environmentally sustainable infrastructure; CommentsClose CommentsPermalink
‘(5) to promote environmentally sustainable economic development practices and models; CommentsClose CommentsPermalink
‘(6) to support development of energy efficiency and alternative energy development plans, studies or analysis, including enhancement of new and existing Comprehensive Economic Development Strategies funded under this Act; and CommentsClose CommentsPermalink
‘(7) to supplement other Federal grants, loans, or loan guarantees for purposes described in paragraphs (1) through (6). CommentsClose CommentsPermalink
‘(b) Federal Share- The Federal share of the cost of any project carried out under this section shall not exceed 80 percent, except that the Federal share of a Federal grant, loan, or loan guarantee provided under subsection (a)(7) may be 100 percent. CommentsClose CommentsPermalink
‘(c) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2009 through 2013, to remain available until expended.’. CommentsClose CommentsPermalink
(b) Conforming Amendment- The table of contents contained in section 1(b) of the Public Works and Economic Development Act of 1965 (
et seq.)is amended by inserting after the item relating to section 218 the following: CommentsClose CommentsPermalink 42 U.S.C. 3141
‘Sec. 219. Economic Development Climate Change Fund.’. CommentsClose CommentsPermalink
SEC. 157. STUDY OF RISK-BASED PROGRAMS ADDRESSING VULNERABLE AREAS.
(a) In General- The Administrator, or the heads of such other Federal agencies as the President may designate, shall conduct a study and, not later than 2 years after the date of enactment of this Act, submit to Congress a report regarding risk-based policies and programs addressing vulnerable areas. CommentsClose CommentsPermalink
(b) Requirements- The report shall CommentsClose CommentsPermalink
(1) review and assess Federal predisaster mitigation, emergency response, and flood insurance policies and programs that affect areas vulnerable to the impacts of climate change; CommentsClose CommentsPermalink
(2) describe strategies for better addressing such vulnerabilities and provide implementation recommendations; CommentsClose CommentsPermalink
(3) assess whether the policies and programs described in paragraph (1) support the State and tribal response and adaptation goals and objectives identified under this Act; CommentsClose CommentsPermalink
(4) identify, and make recommendations to resolve, inconsistencies in Federal policies and programs in effect as of the date of enactment of this Act that address areas vulnerable to climate change; and CommentsClose CommentsPermalink
(5) identify annual cost savings to the Federal Government associated with the implementation of the strategies and recommendations contained in the report. CommentsClose CommentsPermalink
SEC. 158. EFFICIENT BUILDINGS PROGRAM.
(a) In General- The Administrator shall establish and carry out a program, to be known as the ‘Efficient Buildings Program’, to achieve greenhouse gas reductions by providing assistance to owners of buildings in the United States as a reward for-- CommentsClose CommentsPermalink
(1) constructing highly efficient buildings in the United States; or CommentsClose CommentsPermalink
(2) increasing the efficiency of existing buildings in the United States. CommentsClose CommentsPermalink
(b) Requirements- The Administrator shall provide assistance under this section to owners of buildings in the United States based on the extent to which projects relating to the buildings of the owners result in verifiable, additional, and enforceable improvements in energy performance-- CommentsClose CommentsPermalink
(1) in new or renovated buildings that demonstrate exemplary performance by achieving-- CommentsClose CommentsPermalink
(A) a minimum score of 75 on the benchmarking tool of the Energy Star program established by section 324A of the Energy Policy and Conservation Act (
(B) an equivalent score on an established energy performance benchmarking metric selected by the Administrator; and CommentsClose CommentsPermalink
(2) in retrofitted existing buildings that demonstrate-- CommentsClose CommentsPermalink
(A) substantial improvement in the score or rating on the benchmarking tool described in paragraph (1)(A) by a minimum of 30 points; or CommentsClose CommentsPermalink
(B) an equivalent improvement using an established performance benchmarking metric selected by the Administrator. CommentsClose CommentsPermalink
(c) Priority- In providing assistance under this section, the Administrator shall give priority to projects-- CommentsClose CommentsPermalink
(1) completed by building owners with a proven track record of building energy performance; or CommentsClose CommentsPermalink
(2) that result in measurable greenhouse gas reduction benefits not encompassed within the metrics of the Energy Star program described in subsection (b)(1)(A). CommentsClose CommentsPermalink
Subtitle F--Energy Efficiency and Renewable Energy
CommentsClose CommentsPermalink
Subtitle F--Energy Efficiency and Renewable Energy CommentsClose CommentsPermalink
SEC. 161. RENEWABLE ENERGY.
(a) Definitions- In this section: CommentsClose CommentsPermalink
(1) RENEWABLE ENERGY- The term ‘renewable energy’ means electric energy generated from solar, wind, biomass, landfill gas, ocean (including tidal, wave, current, and thermal), geothermal, municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project. CommentsClose CommentsPermalink
(2) RENEWABLE PORTFOLIO STANDARD- The term ‘renewable portfolio standard’ means a Sstate statute that requires electricity providers to obtain a minimum percentage of their power from renewable energy resources by a certain date. CommentsClose CommentsPermalink
(b) Grants- The Administrator, in consultation with the Secretaries of Energy, Interior, and Agriculture, may provide grants for projects to increase the quantity of energy a State uses from renewable sources under State renewable portfolio standard laws. CommentsClose CommentsPermalink
(c) Eligibility- The Administrator shall review for approval projects applications that are-- CommentsClose CommentsPermalink
(1) submitted by State and local governments, Indian tribes, public utilities, regional energy cooperatives, or individual energy producers from states with a binding Renewable Portfolio Standard; or CommentsClose CommentsPermalink
(2) submitted by State and local governments, Indian tribes, public utilities, or regional energy cooperatives from Sstates with nonbinding goals for adoption of renewable energy requirements. CommentsClose CommentsPermalink
(d) Priority- The Administrator shall give priority to project applications that are-- CommentsClose CommentsPermalink
(1) submitted by States with a binding renewable portfolio standard; CommentsClose CommentsPermalink
(2) cost-effective in achieving greater renewable energy production in each State. CommentsClose CommentsPermalink
(e) Certification- CommentsClose CommentsPermalink
(1) IN GENERAL- The Administrator shall notify in writing the Governor of each eligible State as described in section (c) at the time at which the Administrator begins review of a project application received from an eligible entity within the State. CommentsClose CommentsPermalink
(2) CERTIFICATION- The Governor shall certify in writing within 30 days of receipt of the Administrator’s notification described in subsection (1) that the project application-- CommentsClose CommentsPermalink
(A) will assist the State in reaching renewable portfolio standard targets under applicable state laws; and CommentsClose CommentsPermalink
(B) has secured non-Federal funding sources that, in conjunction with the requested grant amount, will be sufficient to complete the renewable energy project. CommentsClose CommentsPermalink
(f) Rulemaking- CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 90 days after the date of enactment of this Act, the Administrator shall initiate rulemaking procedures necessary to implement this section. CommentsClose CommentsPermalink
(2) FINAL RULES; ACCEPTANCE OF APPLICATIONS- Not later than 90 days after the close of the public comment period relating to the rulemaking described in paragraph (1), the Administrator shall-- CommentsClose CommentsPermalink
(A) promulgate final regulations to carry out this section; and CommentsClose CommentsPermalink
(B) begin accepting project applications for review. CommentsClose CommentsPermalink
(g) Reporting- Not later than 180 days after the date of enactment of this Act, and every 180 days 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 specifying, with respect to the program under this section-- CommentsClose CommentsPermalink
(1) the project applications received; CommentsClose CommentsPermalink
(2) the project applications approved; CommentsClose CommentsPermalink
(3) the amount of funding allocated per project; and CommentsClose CommentsPermalink
(4) the cumulative benefits of the grant program. CommentsClose CommentsPermalink
(h) Grant Amount- A grant provided under this section may be in an amount that does not exceed 50 percent of the total cost of the renewable energy project to be funded by the grant. CommentsClose CommentsPermalink
(i) Authorization- There are authorized to be appropriated such sums as are necessary to carry out this section. CommentsClose CommentsPermalink
SEC. 162. ADVANCED BIOFUELS.
(a) Findings- Congress finds that-- CommentsClose CommentsPermalink
(1) advanced, environmentally sustainable biofuels can help promote a safe, secure, and domestic source of low-carbon fuel; CommentsClose CommentsPermalink
(2) such biofuels can-- CommentsClose CommentsPermalink
(A) benefit consumers and farmers; CommentsClose CommentsPermalink
(B) assist in maintaining fuel supplies; and CommentsClose CommentsPermalink
(C) help to keep commodity prices affordable; CommentsClose CommentsPermalink
(3) a coordinated research and development effort is needed to help accelerate commercial-scale development of advanced, environmentally sustainable biofuels; and CommentsClose CommentsPermalink
(4) facilitating the commercial production of advanced, environmentally sustainable biofuels can help to make the United States a leader in developing new fuel technologies. CommentsClose CommentsPermalink
(b) Definitions- In this section: CommentsClose CommentsPermalink
(1) ADVANCED GREEN BIOFUEL- The term ‘advanced biofuel’ shall have such meaning as is given the term by the Administrator in regulations promulgated under subsection (c). (2) ELIGIBLE ENTITY- The term ‘eligible entity’ means an individual, corporate entity, unit of State or local government, Indian tribe, farm cooperative, institution of higher learning, rural electric cooperative, or public utility.
(A) has lifecycle greenhouse gas emissions that are at least 60 percent less than the baseline lifecycle greenhouse gas emissions; CommentsClose CommentsPermalink
(B) is made from advanced renewable biomass; and CommentsClose CommentsPermalink
(C) minimizes biorefinery water requirements to the maximum extent achievable, taking into consideration costs and other appropriate factors. CommentsClose CommentsPermalink
(2) ADVANCED RENEWABLE BIOMASS- The term ‘advanced renewable biomass’ means renewable biomass that is produced using sustainable practices, as determined by the Administrator, in consultation with the Secretary of Energy, may provide grants to support research and development of advanced biofuelsAgriculture, taking into consideration factors such as-- CommentsClose CommentsPermalink
(A) the maintenance and enhancement of the quality and productivity of the soil; CommentsClose CommentsPermalink
(B) the conservation of soil, water, energy, natural resources, and fish and wildlife habitat; CommentsClose CommentsPermalink
(C) the maintenance and enhancement of the quality of surface water and groundwater; CommentsClose CommentsPermalink
(D) the protection of the health and safety of individuals involved in the production system; CommentsClose CommentsPermalink
(E) the promotion of the well-being of animals; CommentsClose CommentsPermalink
(F) the increase in employment opportunities in the agricultural sector; and CommentsClose CommentsPermalink
(G) prevention of the introduction of invasive species, including consideration of a review by the Invasive Species Council established by Executive Order 13112 (64 Fed. Reg. 6183 (February 3, 1999)). CommentsClose CommentsPermalink
(3) PROGRAM- The term ‘Program’ means the 1,000,000,000-Gallon Challenge Grant Program established under subsection (c)(1). CommentsClose CommentsPermalink
(4) RENEWABLE BIOMASS- The term ‘renewable biomass’ has the meaning given the term in section 211(o)(1) of the Clean Air Act (
(c) Regulations- (1) IN GENERAL- Not later than 18 months after the date of enactment of this Act, the Administrator shall promulgate regulations to carry out this section (including a definition of the term ‘advanced biofuel’ for the purpose of providing assistance under this section).
(1) shall-- (A) provide that the Administrator shall make grants available to eligible entities to support-- (i) research regarding the production of advanced biofuels;
(2) APPLICATIONS- CommentsClose CommentsPermalink
(A) IN GENERAL- During each calendar year for the period described in subparagraph (B), the Administrator shall solicit applications for grants under the Program from owners and operators of projects that, as determined by the Administrator, have the potential, in the aggregate, to produce up to 500,000,000 gallons in annual domestic production capacity of advanced green biofuels. CommentsClose CommentsPermalink
(B) DESCRIPTION OF PERIOD- The period referred to in subparagraph (A) is the period that-- CommentsClose CommentsPermalink
(i) begins on the date of establishment of the Program; and CommentsClose CommentsPermalink
(ii) ends on the date on which, as determined by the Administrator, the Program supports projects that have the potential to produce, or are producing, not less than 1,000,000,000 gallons in annual domestic production capacity of advanced green biofuels. CommentsClose CommentsPermalink
(C) ADJUSTMENTS- CommentsClose CommentsPermalink
(i) DEFINITION OF ADJUSTMENT PERIOD- In this subparagraph, the term ‘adjustment period’ means the period that-- CommentsClose CommentsPermalink
(I) begins on the date of establishment of the Program; and CommentsClose CommentsPermalink
(II) ends on the earlier of, as determined by the Administrator-- CommentsClose CommentsPermalink
(aa) the date on which the Program supports projects that have the potential to produce, or are producing, not less than 1,000,000,000 gallons in annual domestic production capacity of advanced green biofuels; and CommentsClose CommentsPermalink
(bb) the date on which the Program achieves the annual domestic production capacity targets of the Program. CommentsClose CommentsPermalink
(ii) SOLICITATION OF APPLICATIONS- For any calendar year during the adjustment period for which an application for a grant under the Program is withdrawn, or for which a recipient of a grant under the Program fails to meet the domestic production capacity targets of the recipient (as determined by the Administrator), the Administrator shall solicit additional applications for grants under the Program. CommentsClose CommentsPermalink
(D) APPLICATION POLICY- The grant solicitation process of the Program shall provide for, as determined by the Administrator-- CommentsClose CommentsPermalink
(i) simplified, standardized, and timely solicitation of applications; and CommentsClose CommentsPermalink
(ii) a simplified, standardized funding process that requires-- CommentsClose CommentsPermalink
(I) timely receipt and review of applications; and CommentsClose CommentsPermalink
(II) protection of proprietary information provided in applications. CommentsClose CommentsPermalink
(3) TYPES OF GRANTS- In carrying out the Program, the Administrator shall provide 4 types of grants, as follows: CommentsClose CommentsPermalink
(A) RESEARCH AND DEVELOPMENT GRANTS- CommentsClose CommentsPermalink
(i) IN GENERAL- A research and development grant may be provided under the Program to a project that, as determined by the Administrator, will assist biofuel developers in producing advanced green biofuels by facilitating-- CommentsClose CommentsPermalink
(I) the development of technologies to produce advanced green biofuels; CommentsClose CommentsPermalink
(II) the creation of technologies used in facilities that produce advanced green biofuels; or CommentsClose CommentsPermalink
(III) the production of advanced biofuel production and capacity-building technologies;(iii)green biofuels, including renewable biomass. CommentsClose CommentsPermalink
(ii) LIMITATION- The amount of a research and development grant provided under the Program shall not exceed the lesser of-- CommentsClose CommentsPermalink
(I) an amount equal to 80 percent of the cost of the project; or CommentsClose CommentsPermalink
(II) $2,000,000. CommentsClose CommentsPermalink
(B) PLANNING GRANTS- CommentsClose CommentsPermalink
(i) IN GENERAL- A planning grant may be provided under the Program to a project that, as determined by the Administrator, will assist biofuel developers in producing advanced green biofuels by facilitating the development and construction of commercial-scale advanced biofuel production facilities; and (iv) the expanded production of advanced biofuels;
(I) the project has the potential for commercial viability; and CommentsClose CommentsPermalink
(II) the project is likely to be operational by not later than 3 years after the date on which the planning grant is provided. CommentsClose CommentsPermalink
(ii) LIMITATION- The amount of a planning grant provided under the Program shall not exceed the lesser of-- CommentsClose CommentsPermalink
(I) an amount equal to 80 percent of the cost of the project; or CommentsClose CommentsPermalink
(II) $2,000,000. CommentsClose CommentsPermalink
(C) TRANSLATIONAL GRANTS- CommentsClose CommentsPermalink
(i) IN GENERAL- A translational grant, which helps to create successful technological innovations and the commercial use of those innovations, may be provided under the Program to a project that, as determined by the Administrator will assist biofuel developers in producing advanced green biofuels, including from the development of a basic proof-of-concept for the project to the establishment of a pilot-scale advanced green biofuel production facility through a phased process, as described in clause (ii). CommentsClose CommentsPermalink
(ii) PHASES- The phases referred to in clause (i) are the following: CommentsClose CommentsPermalink
(I) PHASE I- A project shall be considered to be in phase I for purposes of this subparagraph if the purpose of the project is to determine the scientific and technical merit and feasibility of ideas that appear to have commercial potential, as described in subclause (II). CommentsClose CommentsPermalink
(II) PHASE II- A project shall be considered to be in phase II for purposes of this subparagraph if the purpose of the project is to advance the development of a project that meets particular Program needs, based on the scientific and technical merit and feasibility demonstrated in the application for the project (as evidenced by phase I of the project), taking into consideration, among other things, the commercial potential of the project, as evidenced by-- CommentsClose CommentsPermalink
(aa) the record of success of the applicable biofuel developer in commercializing the results of research; CommentsClose CommentsPermalink
(bb) the existence of phase II-appropriate funding commitments from the private sector or a funding source other than the Program; CommentsClose CommentsPermalink
(cc) the existence of commitments for phase III of the project; and CommentsClose CommentsPermalink
(dd) the presence of other indicators of the commercial potential of the project. CommentsClose CommentsPermalink
(III) PHASE III- A project shall be considered to be in phase III for purposes of this clause if-- CommentsClose CommentsPermalink
(aa) the project has completed phases I and II; and CommentsClose CommentsPermalink
(bb) commercial application of, or the continuation of work on, the project will be funded by the private sector or a funding source other than the Program. CommentsClose CommentsPermalink
(iii) LIMITATION- The amount of a translational grant provided under the Program shall not exceed the lesser of-- CommentsClose CommentsPermalink
(I) an amount equal to 80 percent of the cost of the project; or CommentsClose CommentsPermalink
(II) $8,000,000. CommentsClose CommentsPermalink
(D) CONSTRUCTION GRANTS- CommentsClose CommentsPermalink
(i) IN GENERAL- A construction grant may be provided under the Program to a project that, as determined by the Administrator-- CommentsClose CommentsPermalink
(I) will assist biofuel developers in producing advanced green biofuels by paying construction costs and other costs; CommentsClose CommentsPermalink
(II) demonstrates the potential for commercial success; and CommentsClose CommentsPermalink
(III) will commence construction by not later than 1 year after the date on which the construction grant is provided. CommentsClose CommentsPermalink
(ii) LIMITATION- The amount of a construction grant provided under the Program shall not exceed an amount equal to 60 percent of the cost of the project. CommentsClose CommentsPermalink
(4) SELECTION- CommentsClose CommentsPermalink
(A) RESEARCH AND DEVELOPMENT GRANTS- In evaluating applications for research and development grants under the Program, the Administrator shall take into consideration-- CommentsClose CommentsPermalink
(i) a project proposal with detailed project information, as determined by the Administrator; and (ii) such records as the Administrator may require as evidence of the production of advanced biofuels or the importance and necessity of advanced biofuels research and new technologies; and (C) include appropriate cost-sharing requirements developed by the Administrator for grant awards for authorized uses of funds under this section. (3) PRIORITY- The Administrator shall give priority to eligible entities based on-- (A) technical and economic feasibility of a project proposal; (B) cost-effectiveness of a project proposal; (C) the use of innovative technologies in a project proposal; (D) the availability of non-Federal resources, including private resources, to fund the project proposal; and
(ii) the potential of the project to provide environmental and public health benefits; CommentsClose CommentsPermalink
(iii) the potential of the project to use existing fuel delivery and distribution systems; and CommentsClose CommentsPermalink
(iv) such other factors as the Administrator determines to be appropriate. CommentsClose CommentsPermalink
(B) PLANNING GRANTS- In evaluating applications for planning grants under the Program, the Administrator shall take into consideration-- CommentsClose CommentsPermalink
(i) the potential of a project for commercial viability; CommentsClose CommentsPermalink
(ii) the potential of the project to provide environmental and public health benefits; CommentsClose CommentsPermalink
(iii) the potential of the project to use existing fuel delivery and distribution systems; CommentsClose CommentsPermalink
(iv) the scalability of the project; and CommentsClose CommentsPermalink
(v) such other factors as the Administrator determines to be appropriate. CommentsClose CommentsPermalink
(C) TRANSLATIONAL GRANTS- In evaluating applications for translational grants under the Program, the Administrator shall take into consideration-- CommentsClose CommentsPermalink
(i) the potential of a project for commercial viability; CommentsClose CommentsPermalink
(ii) the potential of the project to provide environmental and public health benefits; CommentsClose CommentsPermalink
(iii) the potential of the project to use existing fuel delivery and distribution systems; CommentsClose CommentsPermalink
(iv) the scalability of the project; and CommentsClose CommentsPermalink
(v) such other factors as the Administrator determines to be appropriate. CommentsClose CommentsPermalink
(D) CONSTRUCTION GRANTS- In evaluating applications for construction grants under the Program, the Administrator shall take into consideration-- CommentsClose CommentsPermalink
(i) the potential of a project for commercial success; CommentsClose CommentsPermalink
(ii) the potential of the project to provide environmental and public health benefits; CommentsClose CommentsPermalink
(iii) the potential of the project to use existing fuel delivery and distribution systems; CommentsClose CommentsPermalink
(iv) the scalability of the project; CommentsClose CommentsPermalink
(v) the readiness of the project to commence construction by not later than 1 year after the date on which the construction grant is provided; and CommentsClose CommentsPermalink
(vi) such other factors as the Administrator determines to be appropriate. CommentsClose CommentsPermalink
(E) EXERCISE OF DISCRETION IN FUNDING PROJECTS- The Administrator shall not exclude an application from consideration under this paragraph solely on the basis that the project that is the subject of the application uses, or proposes to use, any item described in section 211(o)(1)(I) of the Clean Air Act (
(5) COORDINATION WITH COMPLEMENTARY PROGRAMS- CommentsClose CommentsPermalink
(A) DEFINITION OF COMPLEMENTARY PROGRAM- In this paragraph, the term ‘complementary program’ means a grant program under any other provision of law (including a regulation) under which a recipient of a grant under the Program receives, or has the potential to receive, funds to assist the project of the recipient to achieve environmental performance standards equivalent to, or greater than, the standards required under the Program. CommentsClose CommentsPermalink
(B) EFFECT OF PROGRAM- CommentsClose CommentsPermalink
(i) IN GENERAL- A grant provided to a recipient under the Program-- CommentsClose CommentsPermalink
(I) shall be provided in addition to any grant provided to the recipient under a complementary program; and CommentsClose CommentsPermalink
(II) shall not be diminished as a result of receipt by the recipient of funds under any complementary program. CommentsClose CommentsPermalink
(ii) AMOUNT OF OTHER GRANTS- Receipt of a grant under the Program shall not affect the amount the recipient is otherwise eligible to receive under any complementary program. CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $500,000,000 for the period of fiscal years 2010 through 2014. CommentsClose CommentsPermalink
SEC. 163. ENERGY EFFICIENCY IN BUILDING CODES.
(a) Energy Efficiency Targets- CommentsClose CommentsPermalink
(1) RULEMAKING TO ESTABLISH TARGETS- The Administrator, or such other agency head or heads as may be designated by the President, in consultation with the Director of the National Institute of Standards and Technology, shall promulgate regulations establishing building code energy efficiency targets for the national average percentage improvement of buildings’ energy performance. Such regulations shall establish a national building code energy efficiency target for residential buildings and commercial buildings when built to a code meeting the target, beginning not later than January 1, 2014 and applicable each calendar year through December 31, 2030. CommentsClose CommentsPermalink
(b) National Energy Efficiency Building Codes- CommentsClose CommentsPermalink
(1) RULEMAKING TO ESTABLISH NATIONAL CODES- The Administrator, or such other agency head or heads as may be designated by the President, shall promulgate regulations establishing national energy efficiency building codes for residential and commercial buildings. Such regulations shall be sufficient to meet the national building code energy efficiency targets established under subsection (a) in the most cost-effective manner, and may include provisions for State adoption of the national building code standards and certification of State programs CommentsClose CommentsPermalink
(c) Annual Reports- The Administrator, or such other agency head or heads as may be designated by the President, shall annually submit to Congress, and publish in the Federal Register, a report on-- CommentsClose CommentsPermalink
(1) the status of national energy efficiency building codes; CommentsClose CommentsPermalink
(2) the status of energy efficiency building code adoption and compliance in the States; CommentsClose CommentsPermalink
(3) the implementation of and compliance with regulations promulgated under this section; CommentsClose CommentsPermalink
(4) the status of Federal and State enforcement of building codes; and CommentsClose CommentsPermalink
(5) impacts of action under this section, and potential impacts of further action, on lifetime energy use by buildings, including resulting energy and cost savings. CommentsClose CommentsPermalink
SEC. 164. RETROFIT FOR ENERGY AND ENVIRONMENTAL PERFORMANCE.
(a) Definitions- For purposes ofIn this section: CommentsClose CommentsPermalink
(1) ASSISTED HOUSING- The term ‘assisted housing’ means those properties receiving project-based assistance pursuant to section 202 of the Housing Act of 1959 (
(2) NONRESIDENTIAL BUILDING- The term ‘nonresidential building’ means a building with a primary use or purpose other than residential housing, including any building used for commercial offices, schools, academic and other public and private institutions, nonprofit organizations including faith-based organizations, hospitals, hotels, and other nonresidential purposes. Such buildings shall include mixed-use properties used for both residential and nonresidential purposes in which more than half of building floor space is nonresidential. CommentsClose CommentsPermalink
(3) OPERATIONS AND MAINTENANCE- The term ‘operations and maintenance’ means any service performed by staff within a building to upgrade and maintain the building in order to reduce the energy demand of the building while maintaining or improving building comfort, health, safety, and performance. CommentsClose CommentsPermalink
(4) PERFORMANCE-BASED BUILDING RETROFIT PROGRAM- The term ‘performance-based building retrofit program’ means a program that determines building energy efficiency success based on actual measured savings after a retrofit is complete, as evidenced by energy invoices or evaluation protocols. CommentsClose CommentsPermalink
(45) PRESCRIPTIVE BUILDING RETROFIT PROGRAM- The term ‘prescriptive building retrofit program’ means a program that projects building retrofit energy efficiency success based on the known effectiveness of measures prescribed to be included in a retrofit. CommentsClose CommentsPermalink
(56) PUBLIC HOUSING- The term ‘public housing’ means properties receiving assistance under section 9 of the United States Housing Act of 1937 (
(6) Re7) RECOMMISSIONING; RETROCOMMISSIONING- The terms ‘recommissioning’ and ‘retrocommissioning’ have the meaning given those terms in section 543(f)(1) of the National Energy Conservation Policy Act (
(7) 8) REEP PROGRAM- The term ‘REEP program’ means, collectively, the programs to implement the residential and nonresidential policies based on the standards developed under this section, as described in subsection (b). CommentsClose CommentsPermalink
(9) RESIDENTIAL BUILDING- The term ‘residential building’ means a building whose primary use is residential. Such buildings shall include single-family homes (both attached and detached), owner-occupied units in larger buildings with their own dedicated space-conditioning systems, apartment buildings, multi-unit condominium buildings, public housing, assisted housing, and buildings used for both residential and nonresidential purposes in which more than half of building floor space is residential. CommentsClose CommentsPermalink
(810) STATE ENERGY PROGRAM- The term ‘State Energy Program’ means the program under part D of title III of the Energy Policy and Conservation Act (
(b) Establishment- The Administrator shall develop and implement, in consultation with the Secretary of Energy, standards for a national energy and environmental building retrofit policy for single-family and multifamily residences. The Administrator shall develop and implement, in consultation with the Secretary of Energy and the Director of Commercial High-Performance Green Buildings, standards for a national energy and environmental building retrofit policy for nonresidential buildings. CommentsClose CommentsPermalink
The programs to implement the residential and nonresidential policies based on the standards developed under this section shall together be known as the Retrofit for Energy and Environmental Performance (REEP) program.(c) Purpose- The purpose of the REEP program is to facilitate the retrofitting of existing buildings across the United States to achieve maximum cost-effective energy efficiency improvements and significant improvements in water use and other environmental attributes. CommentsClose CommentsPermalink
(d) Federal Administration- CommentsClose CommentsPermalink
(1) EXISTING PROGRAMS- In creating and operating the REEP program-- CommentsClose CommentsPermalink
(A) the Administrator shall make appropriate use of existing programs, including the Energy Star program and in particular the Environmental Protection Agency Energy Star for Buildings program; and CommentsClose CommentsPermalink
(B) the Administrator shall consult with the Secretary of Energy regarding appropriate use of existing programs, including delegating authority to the Director of Commercial High-Performance Green Buildings appointed under section 421 of the Energy Independence and Security Act of 2007 (
(2) CONSULTATION AND COORDINATION- The Administrator shall consult with and coordinate with the and the Secretary of Energy and the Secretary of Housing and Urban Development in carrying out the REEP program with regard to retrofitting of public housing and assisted housing. As a result of such consultation, the Administrator shall establish standards to ensure that retrofits of public housing and assisted housing funded pursuant to this section are cost-effective, including opportunities to address the potential co-performance of repair and replacement needs that may be supported with other forms of Federal assistance. Owners of public housing or assisted housing receiving funding through the REEP program shall agree to continue to provide affordable housing consistent with the provisions of the authorizing legislation governing each program for an additional period commensurate with the funding received, as determined in accordance with guidelines established by the Secretary of Housing and Urban Development. CommentsClose CommentsPermalink
(3) ASSISTANCE- The Administrator shall provide consultation and assistance to State and local agencies for the establishment of revolving loan funds, loan guarantees, or other forms of financial assistance under this section. CommentsClose CommentsPermalink
(e) State and Local Administration- CommentsClose CommentsPermalink
(1) DESIGNATION AND DELEGATION- A State may designate one or more agencies or entities, including those regulated by the State, to carry out the purposes of this section, but shall designate one entity or individual as the principal point of contact for the Administrator regarding the REEP Program. The designated State agency, agencies, or entities may delegate performance of appropriate elements of the REEP program, upon their request and subject to State law, to counties, municipalities, appropriate public agencies, and other divisions of local government, as well as to entities regulated by the State. In making any such designation or delegation, a State shall give priority to entities that administer existing comprehensive retrofit programs, including those under the supervision of State utility regulators. States shall maintain responsibility for meeting the standards and requirements of the REEP program. In any State that elects not to administer the REEP program, a unit of local government may propose to do so within its jurisdiction, and if the Administrator finds that such local government is capable of administering the program, the Administrator may provide assistance to that local government, prorated according to the population of the local jurisdiction relative to the population of the State, for purposes of the REEP program. CommentsClose CommentsPermalink
(2) EMPLOYMENT- States and local government entities may administer a REEP program in a manner that authorizes public or regulated investor-owned utilities, building auditors and inspectors, contractors, nonprofit organizations, for-profit companies, and other entities to perform audits and retrofit services under this section. A State may provide incentives for retrofits without direct participation by the State or its agents, so long as the resulting savings are measured and verified. A State or local administrator of a REEP program shall seek to ensure that sufficient qualified entities are available to support retrofit activities so that building owners have a competitive choice among qualified auditors, raters, contractors, and providers of services related to retrofits. Nothing in this section is intended to deny the right of a building owner to choose the specific providers of retrofit services to engage for a retrofit project in that owner’s building. CommentsClose CommentsPermalink
(3) EQUAL INCENTIVES FOR EQUAL IMPROVEMENT- In general, the States should strive to offer the same levels of incentives for retrofits that meet the same efficiency improvement goals, regardless of whether the State, its agency or entity, or the building owner has conducted the retrofit achieving the improvement, provided the improvement is measured and verified. CommentsClose CommentsPermalink
(f) Administration of Indian Housing- CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Secretary of Energy, in consultation with Indian tribes, the Department of Housing and Urban Development, the Department of the Interior, and the Department of Health and Human Services, shall establish a program and promulgate such regulations as are necessary to assist Indian tribes in carrying out energy efficiency retrofit programs in accordance with this section. CommentsClose CommentsPermalink
(2) REVIEW OF EXISTING PROGRAMS- In carrying out paragraph (1), to determine the extent to which programs in effect as of the date of enactment of this Act may be used to further the REEP program for the benefit of Indian tribes, the Secretary of Energy shall review those programs, including-- CommentsClose CommentsPermalink
(A) the Weatherization Assistance Program for Low-Income Persons established under part A of title IV of the Energy Conservation and Production Act (
(B) programs under the Native American Housing Assistance and Self-Determination Act of 1996 (
(C) the Housing Improvement Program of the Department of the Interior; and CommentsClose CommentsPermalink
(D) the low-income home energy assistance program established under the Low-Income Home Energy Assistance Act of 1981 (
(g) Elements of Reep Program- The Administrator, in consultation with the Secretary of Energy, shall establish goals, guidelines, practices, and standards for accomplishing the purpose stated in subsection (c), and shall annually review and, as appropriate, revise such goals, guidelines, practices, and standards. The program under this section shall include the following: CommentsClose CommentsPermalink
(1) Residential Energy Services Network (RESNET) or Building Performance Institute (BPI) analyst certification of residential building energy and environment auditors, inspectors, and raters, or an equivalent certification system as determined by the Administrator. CommentsClose CommentsPermalink
(2) BPI certification or licensing by States of residential building energy and environmental retrofit contractors, or an equivalent certification or licensing system as determined by the Administrator. CommentsClose CommentsPermalink
(3) BPI or Building Operator Certification or licensing of residential and nonresidential building operators, superintendents, and handypersons, or an equivalent certification or licensing system, as determined by the Administrator. CommentsClose CommentsPermalink
(4) Provision of BPI, RESNET, or other appropriate information on equipment and procedures, as determined by the Administrator, that contractors can use to test the energy and environmental efficiency of buildings effectively (such as infrared photography and pressurized testing, and tests for water use and indoor air quality). CommentsClose CommentsPermalink
(45) Provision of clear and effective materials to describe the testing and retrofit processes for typical buildings. CommentsClose CommentsPermalink
(56) Guidelines for offering and managing prescriptive building retrofit programs and performance-based building retrofit programs for residential and nonresidential buildings. CommentsClose CommentsPermalink
(67) Guidelines for applying recommissioning and retrocommissioning principles to improve a building’s, retrocommissioning, and operations and maintenance procedures.(7inciples to continuously improve the energy performance of a building. CommentsClose CommentsPermalink
(8) A requirement that building retrofits conducted pursuant to a REEP program utilize, especially in all air-conditioned buildings, roofing materials with high solar energy reflectance, unless inappropriate due to green roof management, solar energy production, or for other reasons identified by the Administrator, in order to reduce energy consumption within the building, increase the albedo of the building’s roof, and decrease the heat island effect in the area of the building, without reduction of otherwise applicable ceiling insulation standards. CommentsClose CommentsPermalink
(89) Determination of energy savings in a performance-based building retrofit program through-- CommentsClose CommentsPermalink
(A) for residential buildings, comparison of before and after retrofit scores on the Home Energy Rating System (HERS) Index, where the final score is produced by an objective third party; CommentsClose CommentsPermalink
(B) for nonresidential buildings, Environmental Protection Agency Portfolio Manager benchmarks; or CommentsClose CommentsPermalink
(C) for either residential or nonresidential buildings, use of an Administrator-approved simulation program by a contractor with the appropriate certification, subject to appropriate software standards and verification of at least 15 percent of all work done, or such other percentage as the Administrator may determine. CommentsClose CommentsPermalink
(910) Guidelines for utilizing the Energy Star Portfolio Manager, the Home Energy Rating System (HERS) rating system, Home Performance with Energy Star program approvals, and any other tools associated with the retrofit program. CommentsClose CommentsPermalink
(101) Requirements and guidelines for post-retrofit inspection and confirmation of work and energy savings. CommentsClose CommentsPermalink
(112) Detailed descriptions of funding options for the benefit of State and local governments, along with model forms, accounting aids, agreements, and guides to best practices. CommentsClose CommentsPermalink
(123) Guidance on opportunities for-- CommentsClose CommentsPermalink
(A) rating or certifying retrofitted buildings as Energy Star buildings, or as green buildings under a recognized green building rating system; CommentsClose CommentsPermalink
(B) assigning Home Energy Rating System (HERS) or similar ratings; and CommentsClose CommentsPermalink
(C) completing any applicable building performance labels. CommentsClose CommentsPermalink
(134) Sample materials for publicizing the program to building owners, including public service announcements and advertisements. CommentsClose CommentsPermalink
(145) Processes for tracking the numbers and locations of buildings retrofitted under the REEP program, with information on projected and actual savings of energy and its value over time. CommentsClose CommentsPermalink
(gh) Requirements- As a condition of receiving assistance for the REEP program pursuant to this Act, a State or qualifying local government shall-- CommentsClose CommentsPermalink
(1) adopt the standards for training, certification of contractors, certification of buildings, and post-retrofit inspection as developed by the Administrator for residential and nonresidential buildings, respectively, except as necessary to match local conditions, needs, efficiency opportunities, or other local factors, or to accord with State laws or regulations, and then only after the Administrator approves such a variance; CommentsClose CommentsPermalink
(2) establish fiscal controls and accounting procedures (which conform to generally accepted government accounting principles) sufficient to ensure proper accounting during appropriate accounting periods for payments received and disbursements, and for fund balances; and CommentsClose CommentsPermalink
(3) agree to make 10 percent of assistance received to carry out this section available on a preferential basis for retrofit projects proposed for public housing and assisted housing, provided that-- CommentsClose CommentsPermalink
(A) none of such funds shall be used for demolition of such housing; CommentsClose CommentsPermalink
(B) such retrofits not shall not be used to justify any increase in rents charged to residents of such housing; and CommentsClose CommentsPermalink
(C) owners of such housing shall agree to continue to provide affordable housing consistent with the provisions of the authorizing legislation governing each program for an additional period commensurate with the funding received; and CommentsClose CommentsPermalink
(4) the Administrator shall conduct or require each State to have such independent financial audits of REEP-related funding as the Administrator considers necessary or appropriate to carry out the purposes of this section. CommentsClose CommentsPermalink
(h) Options Ti) Options to Support Reep Program- The assistance provided under this section shall support the implementation through State REEP programs of alternate means of creating incentives for, or reducing financial barriers to, improved energy and environmental performance in buildings, consistent with this section, including-- CommentsClose CommentsPermalink
(1) implementing prescriptive building retrofit programs and performance-based building retrofit programs; CommentsClose CommentsPermalink
(2) providing credit enhancement, interest rate subsidies, loan guarantees, or other credit support; CommentsClose CommentsPermalink
(3) providing initial capital for public revolving fund financing of retrofits; CommentsClose CommentsPermalink
(4) providing funds to support utility-operated retrofit programs with repayments over time through utility rates, calibrated to create net positive cash flow to the building owner, and transferable from one building owner to the next with the building’s utility services; CommentsClose CommentsPermalink
(5) providing funds to local government programs to provide REEP services and financial assistance; and CommentsClose CommentsPermalink
(6) other means proposed by State and local agencies, subject to the approval of the Administrator. CommentsClose CommentsPermalink
(ij) Support for Program- CommentsClose CommentsPermalink
(1) INITIAL AWARD LIMITS- Except as provided in paragraph (2), State and local REEP programs may make per-building direct expenditures for retrofit improvements, or their equivalent in indirect or other forms of financial support, from funds made available to carry out this section, in amounts not to exceed the following amounts per unit: CommentsClose CommentsPermalink
(A) RESIDENTIAL BUILDING PROGRAM- CommentsClose CommentsPermalink
(i) AWARDS- For residential buildings-- CommentsClose CommentsPermalink
(I) support for a free or low-cost detailed building energy audit that prescribes measures sufficient to achieve at least a 20 percent reduction in energy use, by providing an incentive equal to the documented cost of such audit, but not more than $200, in addition to any earned by achieving a 20 percent or greater efficiency improvement; CommentsClose CommentsPermalink
(II) a total of $1,000 for a combination of measures, prescribed in an audit conducted under subclause (I), designed to reduce energy consumption by more than 10 percent, and $2,000 for a combination of measures prescribed in such an audit, designed to reduce energy consumption by more than 20 percent; CommentsClose CommentsPermalink
(III) $3,000 for demonstrated savings of 20 percent, pursuant to a performance-based building retrofit program; and CommentsClose CommentsPermalink
(IV) $1,000 for each additional 5 percentage points of energy savings achieved beyond savings for which funding is provided under subclause (II) or (III). CommentsClose CommentsPermalink
Funding shall not be provided under clauses (II) and (III) for the same energy savings. CommentsClose CommentsPermalink
(ii) MAXIMUM PERCENTAGE- Awards under clause (i) shall not exceed 50 percent of retrofit costs for each building. For buildings with multiple residential units, awards under clause (i) shall not be greater than 50 percent of the total cost of retrofitting the building, prorated among individual residential units on the basis of relative costs of the retrofit. In the case of public housing and assisted housing, the 50 percent contribution matching the contribution from REEP program funds may come from any other source, including other Federal funds. CommentsClose CommentsPermalink
(iii) ADDITIONAL AWARDS- Additional awards may be provided for purposes of increasing energy efficiency, for buildings achieving at least 20 percent energy savings using funding provided under clause (i), in the form of grants of not more than $600 for measures projected or measured (using an appropriate method approved by the Administrator) to achieve at least 35 percent potable water savings through equipment or systems with an estimated service life of not less than 7 years, and not more than an additional $20 may be provided for each additional one percent of such savings, up to a maximum total grant of $1,200. CommentsClose CommentsPermalink
(B) NONRESIDENTIAL BUILDING PROGRAM- CommentsClose CommentsPermalink
(i) AWARDS- For nonresidential buildings-- CommentsClose CommentsPermalink
(I) support for a free or low-cost detailed building energy audit that prescribes, as part of a energy-reducing measures sufficient to achieve at least a 20 percent reduction in energy use, by providing an incentive equal to the documented cost of such audit, but not more than $500, in addition to any award earned by achieving a 20 percent or greater efficiency improvement; CommentsClose CommentsPermalink
(II) $0.15 per square foot of retrofit area for demonstrated energy use reductions from 20 percent to 30 percent; CommentsClose CommentsPermalink
(III) $0.75 per square foot for demonstrated energy use reductions from 30 percent to 40 percent; CommentsClose CommentsPermalink
(IV) $1.60 per square foot for demonstrated energy use reductions from 40 percent to 50 percent; and CommentsClose CommentsPermalink
(V) $2.50 per square foot for demonstrated energy use reductions exceeding 50 percent. CommentsClose CommentsPermalink
(ii) MAXIMUM PERCENTAGE- Amounts provided under subclauses (II) through (V) of clause (i) combined shall not exceed 50 percent of the total retrofit cost of a building. In nonresidential buildings with multiple units, such awards shall be prorated among individual units on the basis of relative costs of the retrofit. CommentsClose CommentsPermalink
(iii) ADDITIONAL AWARDS- Additional awards may be provided, for buildings achieving at least 20 percent energy savings using funding provided under clause (i), as follows: CommentsClose CommentsPermalink
(I) WATER- For purposes of increasing energy efficiency, grants may be made for whole building potable water use reduction (using an appropriate method approved by the Administrator) for up to 50 percent of the total retrofit cost, including amounts up to-- CommentsClose CommentsPermalink
(aa) $24.00 per thousand gallons per year of potable water savings of 40 percent or more; CommentsClose CommentsPermalink
(bb) $27.00 per thousand gallons per year of potable water savings of 50 percent or more; and CommentsClose CommentsPermalink
(cc) $30.00 per thousand gallons per year of potable water savings of 60 percent or more. CommentsClose CommentsPermalink
(II) ENVIRONMENTAL IMPROVEMENTS- Additional awards of up to $1,000 may be granted for the inclusion of other environmental attributes that the Administrator, in consultation with the Secretary, identifies as contributing to energy efficiency. Such attributes may include, but are not limited to waste diversion and the use of environmentally preferable materials (including salvaged, renewable, or recycled materials, and materials with no or low-VOC content). The Administrator may recommend that States develop such standards as are necessary to account for local or regional conditions that may affect the feasibility or availability of identified resources and attributes. CommentsClose CommentsPermalink
(iv) INDOOR AIR QUALITY MINIMUM- Nonresidential buildings receiving incentives under this section must satisfy at a minimum the most recent version of ASHRAE Standard 62.1 for ventilation, or the equivalent as determined by the Administrator. A State may issue a waiver from this requirement to a building project on a showing that such compliance is infeasible due to the physical constraints of the building’s existing ventilation system, or such other limitations as may be specified by the Administrator. CommentsClose CommentsPermalink
(C) DISASTER DAMAGED BUILDINGS- Any source of funds, including Federal funds provided through the Robert T. Stafford Disaster Relief and Emergency Assistance Act, shall qualify as the building owner’s 50 percent contribution, in order to match the contribution of REEP funds, so long as the REEP funds are only used to improve the energy efficiency of the buildings being reconstructed. In addition, the appropriate Federal agencies providing assistance to building owners through the Robert T. Stafford Disaster Relief and Emergency Assistance Act shall make information available, following a disaster, to building owners rebuilding disaster damaged buildings with assistance from the Act, that REEP funds may be used for energy efficiency improvements. CommentsClose CommentsPermalink
(D) HISTORIC BUILDINGS- Notwithstanding subparagraphs (A) and (B), a building in or eligible for the National Register of Historic Places shall be eligible for awards under this paragraph in amounts up to 120 percent of the amounts set forth in subparagraphs (A) and (B). CommentsClose CommentsPermalink
(E) SUPPLEMENTAL SUPPORT- State and local governments may supplement the per-building expenditures under this paragraph with funding from other sources. CommentsClose CommentsPermalink
(2) ADJUSTMENT- The Administrator may adjust the specific dollar amounts provided under paragraph (1) in years subsequent to the second year after the date of enactment of this Act, and every 2 years thereafter, as the Administrator determines necessary to achieve optimum cost-effectiveness and to maximize incentives to achieve energy efficiency within the total building award amounts provided in that paragraph, and shall publish and hold constant such revised limits for at least 2 years. CommentsClose CommentsPermalink
(jk) Report to Congress- The Administrator shall conduct an annual assessment of the achievements of the REEP program in each State, shall prepare an annual report of such achievements and any recommendations for program modifications, and shall provide such report to Congress at the end of each fiscal year during which funding or other resources were made available to the States for the REEP Programprogram. CommentsClose CommentsPermalink
(l) Operations and Maintenance- Notwithstanding any other provision of this section, REEP funds may be used to provide training to building staff relating to energy-efficient operations and maintenance of residential and nonresidential buildings. CommentsClose CommentsPermalink
SEC. 165. CERTIFIED STOVES PROGRAM.
(a) Definitions- In this section: CommentsClose CommentsPermalink
(1) AGENCY- The term ‘Agency’ means the Environmental Protection Agency. CommentsClose CommentsPermalink
(2) CERTIFIED STOVE- CommentsClose CommentsPermalink
(A) IN GENERAL- The term ‘certified stove’ means a wood stove or pellet stove that meets the standards of performance for new residential wood heaters under subpart AAA of part 60 of subchapter C of chapter I of title 40, Code of Federal Regulations (or successor regulations), as certified by the Administrator. CommentsClose CommentsPermalink
(B) INCLUSION- The term ‘certified stove’ includes a pellet stove or fireplace insert that uses pellets for fuel that are exempt from testing by the Administrator but meet the same standards of performance as wood stoves. CommentsClose CommentsPermalink
(3) ELIGIBLE ENTITY- The term ‘eligible entity’ means-- CommentsClose CommentsPermalink
(A) a State, a local government, or a federally recognized Indian tribe; CommentsClose CommentsPermalink
(B) an Alaskan Native village or regional or village corporation (as defined in, or established under, the Alaskan Native Claims Settlement Act (
(C) a nonprofit organization or institution that-- CommentsClose CommentsPermalink
(i) represents or provides pollution reduction or educational services relating to wood smoke minimization to persons, organizations, or communities; or CommentsClose CommentsPermalink
(ii) has, as the principal purpose of the organization or institution, the promotion of air quality or energy efficiency. CommentsClose CommentsPermalink
(4) WOOD STOVE OR PELLET STOVE- The term ‘wood stove or pellet stove’ means a wood stove, pellet stove, or fireplace insert that uses wood or pellets for fuel. CommentsClose CommentsPermalink
(b) Establishment- The Administrator shall establish and carry out a program to assist in the replacement of wood stoves or pellet stoves that do not meet the standards of performance described in subsection (a)(2) by-- CommentsClose CommentsPermalink
(1) requiring that each wood stove or pellet stove sold in the United States on and after the date of enactment of this Act meet the standards of performance described in subsection (a)(2); CommentsClose CommentsPermalink
(2) requiring that no wood stove or pellet stove replaced under the program is sold or returned to active service, but that it is instead destroyed and recycled, to the maximum extent practicable; CommentsClose CommentsPermalink
(3) providing funds to an eligible entity to replace a wood stove or pellet stove that does not meet the standards of performance described in subsection (a)(2) with a certified stove, including funds to pay for-- CommentsClose CommentsPermalink
(A) installation of a replacement certified stove; and CommentsClose CommentsPermalink
(B) necessary replacement of or repairs to ventilation, flues, chimneys, or other applicable items necessary for safe installation of a replacement certified stove; CommentsClose CommentsPermalink
(4) in addition to any funds that may be appropriated for the program under this section, using existing Federal, State, and local programs and incentives, to the maximum extent practicable; CommentsClose CommentsPermalink
(5) prioritizing the replacement of wood stoves or pellet stoves manufactured before July 1, 1990; and CommentsClose CommentsPermalink
(6) carrying out such other activities as the Administrator determines appropriate to facilitate the replacement of wood stoves or pellet stoves that do not meet the standards of performance described in subsection (a)(2). CommentsClose CommentsPermalink
(c) EPA Authority to Accept Wood Stove or Pellet Stove Replacement Supplemental Environmental Projects- CommentsClose CommentsPermalink
(1) IN GENERAL- Notwithstanding sections 1301 and 3302 of title 31, United States Code, the Administrator may accept a wood stove or pellet stove replacement supplemental environmental project as part of a settlement of any alleged violation of environmental law if the project-- CommentsClose CommentsPermalink
(A) protects human health or the environment; CommentsClose CommentsPermalink
(B) is related to the underlying alleged violation; CommentsClose CommentsPermalink
(C) does not constitute activities that the defendant would otherwise be legally required to perform; and CommentsClose CommentsPermalink
(D) does not provide funds for the staff of the Agency or for contractors to carry out the internal operations of the Agency. CommentsClose CommentsPermalink
(2) CERTIFICATION- CommentsClose CommentsPermalink
(A) IN GENERAL- In any settlement agreement regarding an alleged violation of environmental law under which a defendant agrees to perform a wood stove or pellet stove replacement supplemental environmental project, the Administrator shall require the defendant to include in the settlement documents a certification under penalty of law that the defendant would have agreed to perform a comparably valued, alternative project other than a wood stove or pellet stove replacement supplemental environmental project if the Administrator were precluded by law from accepting a wood stove or pellet stove replacement supplemental environmental project. CommentsClose CommentsPermalink
(B) EFFECT OF OMISSION- A failure by the Administrator to include the certification described in subparagraph (A) in a settlement agreement shall not-- CommentsClose CommentsPermalink
(i) create a cause of action against the United States under the Clean Air Act (
(ii) create a basis for overturning a settlement agreement entered into by the United States. CommentsClose CommentsPermalink
(d) Regulations- The Administrator may promulgate such regulations as are necessary to carry out the program established under subsection (b). CommentsClose CommentsPermalink
(e) Funding- CommentsClose CommentsPermalink
(1) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out the program established under subsection (b) $20,000,000 for the period of fiscal years 2010 through 2014. CommentsClose CommentsPermalink
(2) DESIGNATED USE- Of amounts appropriated pursuant to this subsection-- CommentsClose CommentsPermalink
(A) 25 percent shall be designated for use to carry out the program established under subsection (b) on land held in trust for the benefit of a federally recognized Indian tribe; CommentsClose CommentsPermalink
(B) 3 percent shall be designated for use to carry out the program in Alaskan Native villages or regional or village corporations (as defined in, or established under, the Alaskan Native Claims Settlement Act (
(C) 72 percent shall be designated for use to carry out the program nationwide. CommentsClose CommentsPermalink
(3) REGULATORY PROGRAMS- CommentsClose CommentsPermalink
(A) IN GENERAL- No grant or loan provided under subsection (b) shall be used to fund the costs of emission reductions that are mandated under Federal, State, or local law. CommentsClose CommentsPermalink
(B) MANDATED MEASURES- For purposes of subparagraph (A), voluntary or elective emission reduction measures shall not be considered mandated, regardless of whether the reductions are included in the implementation plan of a State. CommentsClose CommentsPermalink
SEC. 166. RENEWABLE FUEL STANDARD.
(a) Definitions- Section 211(o)(1) of the Clean Air Act (
(1) in subparagraph (B)(ii)(VII), by striking ‘cellulosic’ and inserting ‘advanced green’; CommentsClose CommentsPermalink
(2) by striking subparagraph (E); CommentsClose CommentsPermalink
(3) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and CommentsClose CommentsPermalink
(4) by inserting after subparagraph (B) the following: CommentsClose CommentsPermalink
‘(C) ADVANCED GREEN BIOFUEL- The term ‘advanced green biofuel’ means renewable fuel that-- CommentsClose CommentsPermalink
‘(i) is derived from renewable biomass; and CommentsClose CommentsPermalink
‘(ii) has lifecycle greenhouse gas emissions that are at least 60 percent less than the baseline lifecycle greenhouse gas emissions.’. CommentsClose CommentsPermalink
(b) Standard- Section 211(o) of the Clean Air Act (
(1) in paragraph (2)-- CommentsClose CommentsPermalink
(A) in subparagraph (A)(i), by striking ‘cellulosic’ and inserting ‘advanced green’; and CommentsClose CommentsPermalink
(B) in subparagraph (B)-- CommentsClose CommentsPermalink
(i) in clause (i)(III)-- CommentsClose CommentsPermalink
(I) in the subclause heading, by striking ‘CELLULOSIC’ and inserting ‘ADVANCED GREEN’; CommentsClose CommentsPermalink
(II) by striking ‘cellulosic’ and inserting ‘advanced green’; and CommentsClose CommentsPermalink
(III) in the heading of the right column, by striking ‘cellulosic’ and inserting ‘advanced green’; CommentsClose CommentsPermalink
(ii) in clause (ii)(III), by striking ‘cellulosic’ and inserting ‘advanced green’; and CommentsClose CommentsPermalink
(iii) in clause (iv)-- CommentsClose CommentsPermalink
(I) in the clause heading, by striking ‘CELLULOSIC’ and inserting ‘ADVANCED GREEN’; and CommentsClose CommentsPermalink
(II) by striking ‘cellulosic’ and inserting ‘advanced green’; CommentsClose CommentsPermalink
(2) in paragraphs (3)(A), (4)(A), and (4)(B), by striking ‘cellulosic’ each place it appears and inserting ‘advanced green’; and CommentsClose CommentsPermalink
(3) in paragraph (7)(D)-- CommentsClose CommentsPermalink
(A) in the subparagraph heading, by striking ‘CELLULOSIC’ and inserting ‘ADVANCED GREEN’; and CommentsClose CommentsPermalink
(B) by striking ‘cellulosic’ each place it appears and inserting ‘advanced green’. CommentsClose CommentsPermalink
SEC. 167. TREE PLANTING PROGRAMS.
(a) Findings- Congress finds that-- CommentsClose CommentsPermalink
(1) the utility sector is the largest single source of greenhouse gas emissions in the United States, producing approximately 1/3 of the emissions of the United States; CommentsClose CommentsPermalink
(2) heating and cooling of homes accounts for nearly 60 percent of residential electricity usage in the United States; CommentsClose CommentsPermalink
(3) shade trees planted in strategic locations can reduce residential cooling costs by as much as 30 percent; CommentsClose CommentsPermalink
(4) shade trees are associated with significant clean air benefits; CommentsClose CommentsPermalink
(5) every group of 100 healthy large trees removes approximately 300 pounds of air pollution (including particulate matter and ozone) and approximately 15 tons of carbon dioxide from the air each year; CommentsClose CommentsPermalink
(6) tree cover on private property and on newly developed land has declined since the 1970s, even while emissions from transportation and industry have been rising; and CommentsClose CommentsPermalink
(7) in more than 12 test cities across the United States, increasing urban tree cover has generated between $2 and $5 in savings for every dollar invested in such tree planting. CommentsClose CommentsPermalink
(b) Definitions- In this section: CommentsClose CommentsPermalink
(1) RETAIL POWER PROVIDER- The term ‘retail power provider’ means any entity authorized under applicable Federal or State law to generate, distribute, or provide retail electricity, natural gas, or fuel oil service. CommentsClose CommentsPermalink
(2) SMALL- The term ‘small’, with respect to an office, means a nonresidential building or structure that is-- CommentsClose CommentsPermalink
(A) zoned for business purposes; and CommentsClose CommentsPermalink
(B) not more than 20,000 square feet in total area. CommentsClose CommentsPermalink
(3) TREE PLANTING ORGANIZATION- The term ‘tree planting organization’ means any nonprofit group that exists, in whole or in part-- CommentsClose CommentsPermalink
(A) to expand urban and residential tree cover; CommentsClose CommentsPermalink
(B) to distribute trees for planting; CommentsClose CommentsPermalink
(C) to increase awareness of the environmental and energy-related benefits of trees; CommentsClose CommentsPermalink
(D) to educate the public regarding proper tree planting, care, and maintenance strategies; or CommentsClose CommentsPermalink
(E) to carry out any combination of the activities described in subparagraphs (A) through (D). CommentsClose CommentsPermalink
(4) TREE SITING GUIDELINES- The term ‘tree siting guidelines’ means a comprehensive list of science-based measurements outlining-- CommentsClose CommentsPermalink
(A) applicable species; CommentsClose CommentsPermalink
(B) the minimum distance required between trees planted pursuant to this section; and CommentsClose CommentsPermalink
(C) the minimum required distance to be maintained between those trees and-- CommentsClose CommentsPermalink
(i) building foundations; CommentsClose CommentsPermalink
(ii) air conditioning units; CommentsClose CommentsPermalink
(iii) driveways and walkways; CommentsClose CommentsPermalink
(iv) property fences; CommentsClose CommentsPermalink
(v) preexisting utility infrastructure; CommentsClose CommentsPermalink
(vi) septic systems; CommentsClose CommentsPermalink
(vii) swimming pools; and CommentsClose CommentsPermalink
(viii) other infrastructure, as appropriate. CommentsClose CommentsPermalink
(c) Purpose- The purpose of this section is to establish a grant program to assist retail power providers in establishing and operating tree planting programs in residential and small office settings-- CommentsClose CommentsPermalink
(1) to reduce the peak load demand for electricity from residences and small office buildings during the summer months through direct shading of buildings provided by strategically planted trees; CommentsClose CommentsPermalink
(2) to reduce wintertime demand for energy from residences and small office buildings by-- CommentsClose CommentsPermalink
(A) blocking cold winds from reaching those structures; CommentsClose CommentsPermalink
(B) lowering interior temperatures; and CommentsClose CommentsPermalink
(C) driving heating demand; CommentsClose CommentsPermalink
(3) to protect public health by removing harmful pollution from the air; CommentsClose CommentsPermalink
(4) to use the natural photosynthetic and transpiration process of trees to lower ambient temperatures and absorb carbon dioxide, mitigating the effects of climate change; CommentsClose CommentsPermalink
(5) to decrease the amounts of electric bills for residential and small office ratepayers by limiting electricity consumption without reducing benefits; CommentsClose CommentsPermalink
(6) to relieve financial and demand pressure on retail power providers that stems from large peak load energy demand; CommentsClose CommentsPermalink
(7) to protect water quality and public health by reducing stormwater runoff and keeping harmful pollutants from entering waterways; and CommentsClose CommentsPermalink
(8) to ensure that trees are planted in locations that limit the amount of public funds required to maintain public and electric infrastructure. CommentsClose CommentsPermalink
(d) Assistance Program- CommentsClose CommentsPermalink
(1) IN GENERAL- The Administrator may provide financial, technical, and related assistance to eligible retail power providers to assist in establishing new, or operating existing, tree planting programs for residences and small office buildings. CommentsClose CommentsPermalink
(2) PUBLIC RECOGNITION INITIATIVE- In carrying out this section, the Administrator shall establish a national public recognition initiative to encourage participation in tree planting programs by retail power providers. CommentsClose CommentsPermalink
(3) ELIGIBILITY- Only tree planting programs that use targeted, strategic tree siting guidelines to plant trees in relation to building location, sunlight, and prevailing wind direction shall be eligible to receive assistance under this section. CommentsClose CommentsPermalink
(4) REQUIREMENTS- To be eligible to receive assistance under this section, a tree planting program shall-- CommentsClose CommentsPermalink
(A) provide free or discounted shade-providing or wind-reducing trees to residential and small office consumers interested in lowering energy costs; CommentsClose CommentsPermalink
(B) optimize the electricity consumption reduction benefit of each tree by planting in strategic locations around a given residence or small office; CommentsClose CommentsPermalink
(C)(i) provide a maximum quantity of shade during summer intervals, when residences and small offices are exposed to the most sun intensity; or CommentsClose CommentsPermalink
(ii) provide a maximum quantity of wind protection during fall and winter intervals, when residences and small offices are exposed to the most wind intensity; CommentsClose CommentsPermalink
(D) use the best available science to create tree siting guidelines that establish where optimum tree species are best planted in locations that achieve maximum reductions in consumer energy demand while causing the least disruption to public infrastructure, taking into consideration overhead and underground facilities; and CommentsClose CommentsPermalink
(E) be certified by the Administrator, in collaboration with the head of the Urban and Community Forestry Program of the Forest Service, as designed to achieve the goals described in subparagraphs (A) through (D). CommentsClose CommentsPermalink
(5) NEW PROGRAM FUNDING SHARE- Not less than 30 percent of the amounts made available to carry out this section shall be distributed to retail power providers that-- CommentsClose CommentsPermalink
(A) have not previously established or operated qualified tree planting programs; or CommentsClose CommentsPermalink
(B) are operating qualified tree planting programs established not more than 3 years before the date of enactment of this Act. CommentsClose CommentsPermalink
(e) Agreements Between Electricity Providers and Tree Planting Organizations- CommentsClose CommentsPermalink
(1) IN GENERAL- In providing assistance under this section, the Administrator may award grants only to retail power providers that have entered into binding legal agreements with tree planting organizations. CommentsClose CommentsPermalink
(2) CONDITIONS OF AGREEMENT- An agreement under paragraph (1) shall establish the conditions under which the tree planting organization shall provide a tree planting program, including a requirement that the tree planting organization shall-- CommentsClose CommentsPermalink
(A) participate in local technical advisory committees responsible for drafting general tree siting guidelines and choosing the most effective species of trees to plant in given locations; CommentsClose CommentsPermalink
(B) coordinate volunteer recruitment to assist with the physical act of planting trees in residential locations; CommentsClose CommentsPermalink
(C) carry out public awareness campaigns to educate local residents regarding the benefits, cost savings, and availability of free shade trees; CommentsClose CommentsPermalink
(D) establish education and information campaigns to encourage recipients to maintain shade trees over the long term; CommentsClose CommentsPermalink
(E) serve as the point of contact for existing and potential residential participants who have questions or concerns regarding the tree planting program; CommentsClose CommentsPermalink
(F) require tree recipients to sign agreements committing to voluntary stewardship and care of provided trees; CommentsClose CommentsPermalink
(G) monitor and report on the survival, growth, overall health, and estimated energy savings of provided trees throughout the initial establishment period of the tree planting program, which shall be not less than 5 years; and CommentsClose CommentsPermalink
(H) ensure that-- CommentsClose CommentsPermalink
(i) trees planted near existing power lines will not interfere with energized electricity distribution lines when mature; and CommentsClose CommentsPermalink
(ii) no new trees will be planted under or adjacent to high-voltage electric transmission lines without prior consultation with the applicable retail power provider receiving assistance under this section. CommentsClose CommentsPermalink
(3) LACK OF NONPROFIT ORGANIZATION- If no tree planting organization exists or operates within an area served by a retail power provider applying for assistance under this section, the requirements of this subsection shall apply to a binding legal agreement entered into by the retail power providers and 1 or more of-- CommentsClose CommentsPermalink
(A) a local municipal government with jurisdiction over the applicable urban or suburban forest; CommentsClose CommentsPermalink
(B) the State forester for the State in which the tree planting program will operate; CommentsClose CommentsPermalink
(C) the Urban and Community Forestry representative for the State in which the tree planting program will operate; or CommentsClose CommentsPermalink
(D) a landscaping services company that is-- CommentsClose CommentsPermalink
(i) identified in consultation with a national or State nonprofit tree planting organization; CommentsClose CommentsPermalink
(ii) licensed to operate in the State in which the tree planting program will operate; and CommentsClose CommentsPermalink
(iii) a business (as defined in 2007 North American Industry Classification System Code 561730 of the United States Census Bureau). CommentsClose CommentsPermalink
(f) Technical Advisory Committees- CommentsClose CommentsPermalink
(1) IN GENERAL- To be eligible to receive assistance under this section, a retail power provider shall establish and consult with a local technical advisory committee, which-- CommentsClose CommentsPermalink
(A) shall provide advice and consultation to the program; and CommentsClose CommentsPermalink
(B) may-- CommentsClose CommentsPermalink
(i) design and adopt an approved plant list that emphasizes the use of hardy, noninvasive tree species and, where geographically appropriate, the use of native (or site-adapted) or low water-use shade trees; CommentsClose CommentsPermalink
(ii) design and adopt planting, installation, and maintenance specifications and establish a process for inspection and quality control; CommentsClose CommentsPermalink
(iii) ensure that tree recipients are educated to care for and maintain trees over the long term; CommentsClose CommentsPermalink
(iv) help the public become more engaged and educated in the planting and care of shade trees; CommentsClose CommentsPermalink
(v) prioritize the sites that will receive trees, giving preference to locations with the highest potential for energy conservation and secondary preference to areas in which the average annual income is below the regional median; and CommentsClose CommentsPermalink
(vi) assist with monitoring and collection of data on tree health, tree survival, and energy conservation benefits generated under this section. CommentsClose CommentsPermalink
(2) COMPENSATION- An individual serving on a local technical advisory committee under this subsection shall not receive compensation for that service. CommentsClose CommentsPermalink
(3) COMPOSITION- Each local technical advisory committee under this subsection shall be composed of representatives of public, private, and nongovernmental agencies with expertise regarding demand-side energy efficiency management, urban forestry, or arboriculture, including-- CommentsClose CommentsPermalink
(A) not more than 4, and not less than 1, individuals representing the retail power provider receiving assistance under this section; CommentsClose CommentsPermalink
(B) not more than 4, and not less than 1, individuals representing the local tree planting organization that will partner with the retail power provider to carry out this section; CommentsClose CommentsPermalink
(C)(i) not more than 3 individuals representing local nonprofit conservation or environmental organizations, with preference given to entities that-- CommentsClose CommentsPermalink
(I) are described in section 501(c)(3) of the Internal Revenue Code of 1986; and CommentsClose CommentsPermalink
(II) have demonstrated expertise engaging the public in energy conservation, energy efficiency, or green building practices (or a combination thereof); but CommentsClose CommentsPermalink
(ii) not more than 1 individual representing each organization described in clause (i); CommentsClose CommentsPermalink
(D) not more than 2 individuals representing a local affordable housing agency, affordable housing builder, or community development corporation; CommentsClose CommentsPermalink
(E) not more than 3, and not less than 1, individuals representing the local city or county government for each municipality in which a shade tree planting program will take place, at least 1 of whom shall be the city or county forester, city or county arborist, or functional equivalent; CommentsClose CommentsPermalink
(F) not more than 1 individual representing the local government agency responsible for management of roads, sewers, and infrastructure, including public works departments, transportation agencies, or equivalent entities; CommentsClose CommentsPermalink
(G) not more than 3 individuals representing the nursery and landscaping industry; and CommentsClose CommentsPermalink
(H) not more than 3 individuals representing the research community or academia, with expertise regarding natural resources or energy management issues. CommentsClose CommentsPermalink
(4) CHAIRPERSON- Each local technical advisory committee shall elect, from the members described in subparagraph (A) or (B) of paragraph (3), a chairperson, who shall-- CommentsClose CommentsPermalink
(A) preside over committee meetings; CommentsClose CommentsPermalink
(B) act as a liaison to governmental and other entities; and CommentsClose CommentsPermalink
(C) direct the general operation of the committee. CommentsClose CommentsPermalink
(5) CREDENTIALS- At least 1 member of each local technical advisory committee shall be certified with 1 or more of the following credentials: CommentsClose CommentsPermalink
(A) International Society of Arboriculture. CommentsClose CommentsPermalink
(B) Certified Arborist, ISA. CommentsClose CommentsPermalink
(C) Certified Arborist Municipal Specialist, ISA. CommentsClose CommentsPermalink
(D) Certified Arborist Utility Specialist, ISA. CommentsClose CommentsPermalink
(E) Board Certified Master Arborist. CommentsClose CommentsPermalink
(F) Registered Landscape Architect recommended by the American Society of Landscape Architects. CommentsClose CommentsPermalink
(g) Cost Sharing- CommentsClose CommentsPermalink
(1) FEDERAL SHARE- The Federal share of the cost of a project under this section shall be not more than 50 percent. CommentsClose CommentsPermalink
(2) NON-FEDERAL SHARE- The non-Federal share of the cost of a project under this section may be paid by any entity from any funds not derived directly or indirectly from an agency or instrumentality of the United States. CommentsClose CommentsPermalink
(h) Rulemaking- CommentsClose CommentsPermalink
(1) RULEMAKING PERIOD- The Administrator may solicit comments and initiate a rulemaking period of not more than 2 years after the date of enactment of this section. CommentsClose CommentsPermalink
(2) COMPETITIVE GRANT RULE- At the conclusion of the rulemaking period under paragraph (1), the Administrator shall promulgate a rule governing a public, competitive grant process through which retail power providers may apply for assistance under this section. CommentsClose CommentsPermalink
(i) Nonduplicity- Nothing in this section supersedes, duplicates, cancels, or negates any program or authority under section 9 of the Cooperative Forestry Assistance Act of 1978 (
(j) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section. CommentsClose CommentsPermalink
Subtitle G--Emission Reductions From Public Transportation Vehicles
CommentsClose CommentsPermalink
Subtitle G--Emission Reductions From Public Transportation Vehicles CommentsClose CommentsPermalink
SEC. 171. SHORT TITLE.
This subtitle may be cited as the ‘Green Taxis Act of 2009’. CommentsClose CommentsPermalink
SEC. 172. STATE FUEL ECONOMY REGULATION FOR TAXICABS.
‘(d) Taxicabs- Notwithstanding subsection (a), a State or political subdivision of a State may prescribe requirements for fuel economy for taxicabs and other automobiles if such requirements are at least as stringent as applicable Federal requirements and if such taxicabs and other automobiles-- CommentsClose CommentsPermalink
‘(1) are automobiles that are capable of transporting not more than 10 individuals, including the driver; CommentsClose CommentsPermalink
‘(2) are commercially available or are designed and manufactured pursuant to a contract with such State or political subdivision of such State; CommentsClose CommentsPermalink
‘(3) are operated for hire pursuant to an operating or regulatory license, permit, or other authorization issued by such State or political subdivision of such State; CommentsClose CommentsPermalink
‘(4) provide local transportation for a fare determined on the basis of the time or distance traveled or a combination of time and distance traveled; and CommentsClose CommentsPermalink
‘(5) do not exclusively provide transportation to and from airports.’. CommentsClose CommentsPermalink
SEC. 173. STATE REGULATION OF MOTOR VEHICLE EMISSIONS FOR TAXICABS.
Section 209 of the Clean Air Act (
‘(f) Taxicabs- (1) Notwithstanding subsection (a), a State or political subdivision thereof may adopt and enforce standards for the control of emissions from new motor vehicles that are taxicabs and other vehicles if such standards will be, in the aggregate, at least as protective of public health and welfare as applicable Federal standards and if such taxicabs and other vehicles-- CommentsClose CommentsPermalink
‘(A) are passenger motor vehicles that are capable of transporting not more than 10 individuals, including the driver; CommentsClose CommentsPermalink
‘(B) are commercially available or are designed and manufactured pursuant to a contract with such State or political subdivision thereof; CommentsClose CommentsPermalink
‘(C) are operated for hire pursuant to an operating or regulatory license, permit, or other authorization issued by such State or political subdivision thereof; CommentsClose CommentsPermalink
‘(D) provide local transportation for a fare determined on the basis of the time or distance traveled or a combination of time and distance traveled; and CommentsClose CommentsPermalink
‘(E) do not exclusively provide transportation to and from airports. CommentsClose CommentsPermalink
‘(2) If each standard of a State or political subdivision thereof is at least as stringent as the comparable applicable Federal standard, such standard of such State or political subdivision thereof shall be deemed at least as protective of health and welfare as such Federal standards for purposes of this subsection.’. CommentsClose CommentsPermalink
Subtitle H--Clean Energy and Natural Gas
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Subtitle H--Clean Energy and Natural Gas CommentsClose CommentsPermalink
SEC. 181. CLEAN ENERGY AND ACCELERATED EMISSION REDUCTION PROGRAM.
(a) Establishment- CommentsClose CommentsPermalink
(1) IN GENERAL- The Administrator shall establish a program to promote dispatchable power generation projects that can accelerate the reduction of power sector carbon dioxide and other greenhouse gas emissions. CommentsClose CommentsPermalink
(2) USE OF FUNDS- Funds provided under this section shall be used by the Administrator to make incentive payments to owners or operators of eligible projects. CommentsClose CommentsPermalink
(b) Regulations- Not later than 90 days after the date of enactment of this Act, the Administrator shall promulgate regulations providing for incentives, pursuant to the requirements of this section. CommentsClose CommentsPermalink
(c) Goal- Not later than 3 years after the date of enactment of this Act, the Administrator shall provide incentives for eligible projects that generate 300,000 gigawatt-hours of electricity per year. CommentsClose CommentsPermalink
(d) Criteria for Eligible Projects- To be eligible for funding under this section a project must-- CommentsClose CommentsPermalink
(1) reduce emissions below the 2007 average greenhouse gas emissions per megawatt-hour of the United States electric power sector by the quantity specified in subsection (f); and CommentsClose CommentsPermalink
(2) not receive an investment or production credit in-- CommentsClose CommentsPermalink
(A) the year in which the project is placed in service; or CommentsClose CommentsPermalink
(B) calendar year 2009, notwithstanding the year in which the project was placed in service. CommentsClose CommentsPermalink
(e) Priority- The Administrator shall give priority to eligible projects from the following categories: CommentsClose CommentsPermalink
(1) Power generation projects designed to integrate intermittent renewable power into the bulk-power system. CommentsClose CommentsPermalink
(2) Energy storage projects used to support renewable energy. CommentsClose CommentsPermalink
(3) Power generation projects with carbon capture and sequestration that are not eligible for other assistance under this Act. CommentsClose CommentsPermalink
(4) Projects that achieve the greatest reduction in greenhouse gas emissions per dollar of incentive payment. CommentsClose CommentsPermalink
(f) Emission Reduction Criteria- For the purposes of subsection (d), the applicable emission reduction quantity shall be determined in accordance with the following table: CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
Calendar years Percentage below 2007 average greenhouse gas emissions per MWh of United States electric power sectorCommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
2010 through 2020 25 percent CommentsClose CommentsPermalink
2021 through 2025 40 percent CommentsClose CommentsPermalink
2026 through 2030 65 percent CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
(g) Authorization of Appropriations- There are authorized to be appropriated to the Administrator such sums as are necessary to carry out this section for each of fiscal years 2010 through 2030. CommentsClose CommentsPermalink
SEC. 182. ADVANCED NATURAL GAS TECHNOLOGIES.
(a) Definitions- In this section: CommentsClose CommentsPermalink
(1) CORPORATION- CommentsClose CommentsPermalink
(A) IN GENERAL- The term ‘corporation’ means any corporation, joint-stock company, partnership, limited liability company, association, business trust, or other organized group of persons, regardless of incorporation. CommentsClose CommentsPermalink
(B) EXCLUSION- The term ‘corporation’ does not include a municipality. CommentsClose CommentsPermalink
(2) ELIGIBLE ENTITY- CommentsClose CommentsPermalink
(A) IN GENERAL- The term ‘eligible entity’ means an entity that is eligible to receive a grant under subsection (b). CommentsClose CommentsPermalink
(B) INCLUSIONS- The term ‘eligible entity’ includes a corporation, an eligible research entity, an industry entity, a municipality, a municipal natural gas distribution system, and a natural gas distribution company. CommentsClose CommentsPermalink
(3) ELIGIBLE RESEARCH ENTITY- CommentsClose CommentsPermalink
(A) IN GENERAL- The term ‘eligible research entity’ means an entity that is experienced in planning, conducting, and implementing natural gas research, development, demonstration, and deployment projects. CommentsClose CommentsPermalink
(B) INCLUSIONS- The term ‘eligible research entity’ includes a research institution and an institution of higher education. CommentsClose CommentsPermalink
(4) INDUSTRY ENTITY- CommentsClose CommentsPermalink
(A) IN GENERAL- The term ‘industry entity’ means the persons and municipalities collectively engaged in the delivery of natural gas for consumption in the United States (such as natural gas distribution companies and municipal natural gas distribution systems). CommentsClose CommentsPermalink
(B) EXCLUSION- The term ‘industry entity’ does not include any natural gas customer. CommentsClose CommentsPermalink
(5) MUNICIPALITY- The term ‘municipality’ means a city, county, or other political subdivision or agency of a State. CommentsClose CommentsPermalink
(6) MUNICIPAL NATURAL GAS DISTRIBUTION SYSTEM- The term ‘municipal natural gas distribution system’ means a municipality engaged in the business of delivering natural gas for consumption to residential, commercial, industrial, and other natural gas customers. CommentsClose CommentsPermalink
(7) NATURAL GAS- CommentsClose CommentsPermalink
(A) IN GENERAL- The term ‘natural gas’ means a mixture of hydrocarbon and nonhydrocarbon gases, primarily methane, that have been produced from geological formations or by any other means. CommentsClose CommentsPermalink
(B) INCLUSION- The term ‘natural gas’ includes renewable biogas. CommentsClose CommentsPermalink
(8) NATURAL GAS DISTRIBUTION COMPANY- The term ‘natural gas distribution company’ means a person engaged in the business of distributing natural gas for consumption to residential, commercial, industrial, or other natural gas customers. CommentsClose CommentsPermalink
(b) Grant Programs- CommentsClose CommentsPermalink
(1) NATURAL GAS ELECTRICITY GENERATION GRANTS- The Administrator, in consultation with Secretary of Energy, may provide to eligible entities research and development grants to support the deployment of low greenhouse-gas-emitting end-use technologies, including carbon capture and sequestration technologies, for natural gas electricity generation. CommentsClose CommentsPermalink
(2) NATURAL GAS RESIDENTIAL AND COMMERCIAL TECHNOLOGY GRANTS- The Administrator shall establish a program to provide to eligible entities grants to advance the commercial demonstration or early development of low greenhouse-gas-emitting end-use technologies fueled by natural gas, including carbon capture and storage, for residential and commercial purposes, through research, development, demonstration, and deployment of those technologies. CommentsClose CommentsPermalink
(c) Reporting- Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter, the Secretary of Energy shall submit to the Committee on Energy and Commerce of the House of Representatives and the Senate Committees on Energy and Natural Resources and Environment and Public Works of the Senate a report that describes the status and results of activities carried out under subsection (b). CommentsClose CommentsPermalink
(d) Authorization- There are authorized to be appropriated such sums as are necessary to carry out this section. CommentsClose CommentsPermalink
TITLE II--RESEARCH
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TITLE II--RESEARCH CommentsClose CommentsPermalink
Subtitle A--Energy Research
CommentsClose CommentsPermalink
Subtitle A--Energy Research CommentsClose CommentsPermalink
SEC. 201. ADVANCED ENERGY RESEARCH.
(a) In General- The Administrator shall establish a program to provide grants for advanced energy research. CommentsClose CommentsPermalink
(b) Distribution- The Administrator shall distribute grants on a competitive basis to institutions of higher education, companies, research foundations, trade and industry research collaborations, or consortia of such entities, or other appropriate research and development entities. CommentsClose CommentsPermalink
(c) Selection of Proposals- In selecting proposals for funding under this section, the Administrator shall prioritize applications that-- CommentsClose CommentsPermalink
(1) enhance the economic and energy security of the United States through the development of energy technologies that result in-- CommentsClose CommentsPermalink
(A) reductions of imports of energy from foreign sources; CommentsClose CommentsPermalink
(B) reductions of energy-related emissions, including greenhouse gases; and CommentsClose CommentsPermalink
(C) improvements in the energy efficiency of all economic sectors; and CommentsClose CommentsPermalink
(2) ensure that the United States maintains a technological lead in developing and deploying advanced energy technologies. CommentsClose CommentsPermalink
(d) Responsibilities- The Administrator shall be responsible for assessing the success of programs and terminating programs carried out under this section that are not achieving the goals of the programs. CommentsClose CommentsPermalink
(e) Assistance- Assistance provided under this section shall be used to supplement, and not to supplant, any other Federal resources available to carry out activities described in this section. CommentsClose CommentsPermalink
(f) Authorization- There are authorized to be appropriated such sums as are necessary to carry out this section. CommentsClose CommentsPermalink
Subtitle B--Drinking Water Adaptation, Technology, Education, and Research
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Subtitle B--Drinking Water Adaptation, Technology, Education, and Research CommentsClose CommentsPermalink
SEC. 211. EFFECTS OF CLIMATE CHANGE ON DRINKING WATER UTILITIES.
(a) Findings- Congress finds that-- CommentsClose CommentsPermalink
(1) the consensus among climate scientists is overwhelming that climate change is occurring more rapidly than can be attributed to natural causes, and that significant impacts to the water supply are already occurring; CommentsClose CommentsPermalink
(2) among the first and most critical of those impacts will be change to patterns of precipitation around the world, which will affect water availability for the most basic drinking water and domestic water needs of populations in many areas of the United States; CommentsClose CommentsPermalink
(3) drinking water utilities throughout the United States, as well as those in Europe, Australia, and Asia, are concerned that extended changes in precipitation will lead to extended droughts; CommentsClose CommentsPermalink
(4) supplying water is highly energy-intensive and will become more so as climate change forces more utilities to turn to alternative supplies; CommentsClose CommentsPermalink
(5) energy production consumes a significant percentage of the fresh water resources of the United States; CommentsClose CommentsPermalink
(6) since 2003, the drinking water industry of the United States has sponsored, through a nonprofit water research foundation, various studies to assess the impacts of climate change on drinking water supplies; CommentsClose CommentsPermalink
(7) those studies demonstrate the need for a comprehensive program of research into the full range of impacts on drinking water utilities, including impacts on water supplies, facilities, and customers; CommentsClose CommentsPermalink
(8) that nonprofit water research foundation is also coordinating internationally with other drinking water utilities on shared research projects and has hosted international workshops with counterpart European and Asian water research organizations to develop a unified research agenda for applied research on adaptive strategies to address climate change impacts; CommentsClose CommentsPermalink
(9) research data in existence as of the date of enactment of this Act-- CommentsClose CommentsPermalink
(A) summarize the best available scientific evidence on climate change; CommentsClose CommentsPermalink
(B) identify the implications of climate change for the water cycle and the availability and quality of water resources; and CommentsClose CommentsPermalink
(C) provide general guidance on planning and adaptation strategies for water utilities; and CommentsClose CommentsPermalink
(10) given uncertainties about specific climate changes in particular areas, drinking water utilities need to prepare for a wider range of likely possibilities in managing and delivery of water. CommentsClose CommentsPermalink
(b) In General- The Administrator, in cooperation with the Secretary of Commerce, the Secretary of Energy, and the Secretary of the Interior, shall establish and provide funding for a program of directed and applied research, to be conducted through a nonprofit drinking water research foundation and sponsored by water utilities, to assist the utilities in adapting to the effects of climate change. CommentsClose CommentsPermalink
(c) Research Areas- The research conducted in accordance with subsection (b) shall include research into-- CommentsClose CommentsPermalink
(1) water quality impacts and solutions, including research-- CommentsClose CommentsPermalink
(A) to address probable impacts on raw water quality resulting from-- CommentsClose CommentsPermalink
(i) erosion and turbidity from extreme precipitation events; CommentsClose CommentsPermalink
(ii) watershed vegetation changes; and CommentsClose CommentsPermalink
(iii) increasing ranges of pathogens, algae, and nuisance organisms resulting from warmer temperatures; and CommentsClose CommentsPermalink
(B) on mitigating increasing damage to watersheds and water quality by evaluating extreme events, such as wildfires and hurricanes, to learn and develop management approaches to mitigate-- CommentsClose CommentsPermalink
(i) permanent watershed damage; CommentsClose CommentsPermalink
(ii) quality and yield impacts on source waters; and CommentsClose CommentsPermalink
(iii) increased costs of water treatment; CommentsClose CommentsPermalink
(2) impacts on groundwater supplies from carbon sequestration, including research to evaluate potential water quality consequences of carbon sequestration in various regional aquifers, soil conditions, and mineral deposits; CommentsClose CommentsPermalink
(3) water quantity impacts and solutions, including research-- CommentsClose CommentsPermalink
(A) to evaluate climate change impacts on water resources throughout hydrological basins of the United States; CommentsClose CommentsPermalink
(B) to improve the accuracy and resolution of climate change models at a regional level; CommentsClose CommentsPermalink
(C) to identify and explore options for increasing conjunctive use of aboveground and underground storage of water; and CommentsClose CommentsPermalink
(D) to optimize operation of existing and new reservoirs in diminished and erratic periods of precipitation and runoff; CommentsClose CommentsPermalink
(4) infrastructure impacts and solutions for water treatment and wastewater treatment facilities and underground pipelines, including research-- CommentsClose CommentsPermalink
(A) to evaluate and mitigate the impacts of sea level rise on-- CommentsClose CommentsPermalink
(i) near-shore facilities; CommentsClose CommentsPermalink
(ii) soil drying and subsidence; CommentsClose CommentsPermalink
(iii) reduced flows in water and wastewater pipelines; and CommentsClose CommentsPermalink
(iv) extreme flows in wastewater systems; and CommentsClose CommentsPermalink
(B) on ways of increasing the resilience of existing infrastructure, planning cost-effective responses to adapt to climate change, and developing new design standards for future infrastructure that include the use of energy conservation measures and renewable energy in new construction to the maximum extent practicable; CommentsClose CommentsPermalink
(5) desalination, water reuse, and alternative supply technologies, including research-- CommentsClose CommentsPermalink
(A) to improve and optimize existing membrane technologies, and to identify and develop breakthrough technologies, to enable the use of seawater, brackish groundwater, treated wastewater, and other impaired sources; CommentsClose CommentsPermalink
(B) into new sources of water through more cost-effective water treatment practices in recycling and desalination; and CommentsClose CommentsPermalink
(C) to improve technologies for use in-- CommentsClose CommentsPermalink
(i) managing and minimizing the volume of desalination and reuse concentrate streams; and CommentsClose CommentsPermalink
(ii) minimizing the environmental impacts of seawater intake at desalination facilities; CommentsClose CommentsPermalink
(6) energy efficiency and greenhouse gas minimization, including research-- CommentsClose CommentsPermalink
(A) on optimizing the energy efficiency of water supply and wastewater operations and improving water efficiency in energy production and management; and CommentsClose CommentsPermalink
(B) to identify and develop renewable, carbon-neutral energy options for the water supply and wastewater industry; CommentsClose CommentsPermalink
(7) regional and hydrological basin cooperative water management solutions, including research into-- CommentsClose CommentsPermalink
(A) institutional mechanisms for greater regional cooperation and use of water exchanges, banking, and transfers; and CommentsClose CommentsPermalink
(B) the economic benefits of sharing risks of shortage across wider areas; CommentsClose CommentsPermalink
(8) utility management, decision support systems, and water management models, including research-- CommentsClose CommentsPermalink
(A) into improved decision support systems and modeling tools for use by water utility managers to assist with increased water supply uncertainty and adaptation strategies posed by climate change; CommentsClose CommentsPermalink
(B) to provide financial tools, including new rate structures, to manage financial resources and investments, because increased conservation practices may diminish revenue and increase investments in infrastructure; and CommentsClose CommentsPermalink
(C) to develop improved systems and models for use in evaluating-- CommentsClose CommentsPermalink
(i) successful alternative methods for conservation and demand management; and CommentsClose CommentsPermalink
(ii) climate change impacts on groundwater resources; CommentsClose CommentsPermalink
(9) reducing greenhouse gas emissions and improving energy demand management, including research to improve energy efficiency in water collection, production, transmission, treatment, distribution, and disposal to provide more sustainability and means to assist drinking water utilities in reducing the production of greenhouse gas emissions in the collection, production, transmission, treatment, distribution, and disposal of drinking water; CommentsClose CommentsPermalink
(10) water conservation and demand management, including research-- CommentsClose CommentsPermalink
(A) to develop strategic approaches to water demand management that offer the lowest-cost, noninfrastructural options to serve growing populations or manage declining supplies, primarily through-- CommentsClose CommentsPermalink
(i) efficiencies in water use and reallocation of the saved water; CommentsClose CommentsPermalink
(ii) demand management tools; CommentsClose CommentsPermalink
(iii) economic incentives; and CommentsClose CommentsPermalink
(iv) water-saving technologies; and CommentsClose CommentsPermalink
(B) into efficiencies in water management through integrated water resource management that incorporates-- CommentsClose CommentsPermalink
(i) supply-side and demand-side processes; CommentsClose CommentsPermalink
(ii) continuous adaptive management; and CommentsClose CommentsPermalink
(iii) the inclusion of stakeholders in decisionmaking processes; and CommentsClose CommentsPermalink
(11) communications, education, and public acceptance, including research-- CommentsClose CommentsPermalink
(A) into improved strategies and approaches for communicating with customers, decisionmakers, and other stakeholders about the implications of climate change on water supply and water management; CommentsClose CommentsPermalink
(B) to develop effective communication approaches-- CommentsClose CommentsPermalink
(i) to gain public acceptance of alternative water supplies and new policies and practices, including conservation and demand management; and CommentsClose CommentsPermalink
(ii) to gain public recognition and acceptance of increased costs; and CommentsClose CommentsPermalink
(C) to create and maintain a clearinghouse of climate change information for water utilities, academic researchers, stakeholders, government agencies, and research organizations. CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2010 through 2020. CommentsClose CommentsPermalink
TITLE III--TRANSITION AND ADAPTATION
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TITLE III--TRANSITION AND ADAPTATION CommentsClose CommentsPermalink
Subtitle A--Green Jobs and Worker Transition
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Subtitle A--Green Jobs and Worker Transition CommentsClose CommentsPermalink
PART 1--GREEN JOBS
SEC. 301. CLEAN ENERGY CURRICULUM DEVELOPMENT GRANTS.
(a) Authorization- The Secretary of Education is authorized to award grants, on a competitive basis, to eligible partnerships to develop programs of study (containing the information described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 (
(b) Eligible Partnerships- For purposes of this section, an eligible partnership shall include-- CommentsClose CommentsPermalink
(1) at least 1 local educational agency eligible for funding under section 131 of the Carl D. Perkins Career and Technical Education Act of 2006 (
(2) at least 1 postsecondary institution eligible for funding under section 132 of such Act (
(3) representatives of the community including business, labor organizations, and industry that have experience in fields as described in subsection (a). CommentsClose CommentsPermalink
(c) Application- An eligible partnership seeking a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Applications shall include-- CommentsClose CommentsPermalink
(1) a description of the eligible partners and partnership, the roles and responsibilities of each partner, and a demonstration of each partner’s capacity to support the program; CommentsClose CommentsPermalink
(2) a description of the career area or areas within the fields as described in subsection (a) to be developed, the reason for the choice, and evidence of the labor market need to prepare students in that area; CommentsClose CommentsPermalink
(3) a description of the new or existing program of study and both secondary and postsecondary components; CommentsClose CommentsPermalink
(4) a description of the students to be served by the new program of study; CommentsClose CommentsPermalink
(5) a description of how the program of study funded by the grant will be replicable and disseminated to schools outside of the partnership, including urban and rural areas; CommentsClose CommentsPermalink
(6) a description of applied learning that will be incorporated into the program of study and how it will incorporate or reinforce academic learning; CommentsClose CommentsPermalink
(7) a description of how the program of study will be delivered; CommentsClose CommentsPermalink
(8) a description of how the program will provide accessibility to students, especially economically disadvantaged, low performing, and urban and rural students; CommentsClose CommentsPermalink
(9) a description of how the program will address placement of students in nontraditional fields as described in section 3(20) of the Carl D. Perkins Career and Technical Education Act of 2006 (
(10) a description of how the applicant proposes to consult or has consulted with a labor organization, labor management partnership, apprenticeship program, or joint apprenticeship and training program that provides education and training in the field of study for which the applicant proposes to develop a curriculum. CommentsClose CommentsPermalink
(d) Priority- The Secretary shall give priority to applications that-- CommentsClose CommentsPermalink
(1) use online learning or other innovative means to deliver the program of study to students, educators, and instructors outside of the partnership; and CommentsClose CommentsPermalink
(2) focus on low performing students and special populations as defined in section 3(29) of the Carl D. Perkins Career and Technical Education Act of 2006 (
(e) Peer Review- The Secretary shall convene a peer review process to review applications for grants under this section and to make recommendations regarding the selection of grantees. Members of the peer review committee shall include-- CommentsClose CommentsPermalink
(1) educators who have experience implementing curricula with comparable purposes; and CommentsClose CommentsPermalink
(2) business and industry experts in fields as described in subsection (a). CommentsClose CommentsPermalink
(f) Uses of Funds- Grants awarded under this section shall be used for the development, implementation, and dissemination of programs of study (as described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act (
SEC. 302. DEVELOPMENT OF INFORMATION AND RESOURCES CLEARINGHOUSE FOR VOCATIONAL EDUCATION AND JOB TRAINING IN RENEWABLE ENERGY SECTORS.
(a) Development of Clearinghouse- Not later than 18 months after the date of enactment of this Act, the Secretary of Labor, in collaboration with the Secretary of Energy and the Secretary of Education, shall develop an internet based information and resources clearinghouse to aid career and technical education and job training programs for the renewable energy sectors. In establishing the clearinghouse, the Secretary shall-- CommentsClose CommentsPermalink
(1) collect and provide information that addresses the consequences of rapid changes in technology and regional disparities for renewable energy training programs and provides best practices for training and education in light of such changes and disparities; CommentsClose CommentsPermalink
(2) place an emphasis on facilitating collaboration between the renewable energy industry and job training programs and on identifying industry and technological trends and best practices, to better help job training programs maintain quality and relevance; and CommentsClose CommentsPermalink
(3) place an emphasis on assisting programs that cater to high-demand middle-skill, trades, manufacturing, contracting, and consulting careers. CommentsClose CommentsPermalink
(b) Solicitation and Consultation- In developing the clearinghouse pursuant to subsection (a), the Secretary shall solicit information and expertise from businesses and organizations in the renewable energy sector and from institutions of higher education, career and technical schools, and community colleges that provide training in the renewable energy sectors. The Secretary shall solicit a comprehensive peer review of the clearinghouse by such entities not less than once every 2 years. Nothing in this subsection should be interpreted to require the divulgence of proprietary or competitive information. CommentsClose CommentsPermalink
(c) Contents of Clearinghouse- CommentsClose CommentsPermalink
(1) SEPARATE SECTION FOR EACH RENEWABLE ENERGY SECTOR- The clearinghouse shall contain separate sections developed for each of the following renewable energy sectors: CommentsClose CommentsPermalink
(A) Solar energy systems. CommentsClose CommentsPermalink
(B) Wind energy systems. CommentsClose CommentsPermalink
(C) Energy transmission systems. CommentsClose CommentsPermalink
(D) Geothermal systems of energy and heating. CommentsClose CommentsPermalink
(E) Energy efficiency technical training. CommentsClose CommentsPermalink
(2) ADDITIONAL REQUIREMENTS- In addition to the information required in subsection (a), each section of the clearinghouse shall include information on basic environmental science and processes needed to understand renewable energy systems, Federal government and industry resources, and points of contact to aid institutions in the development of placement programs for apprenticeships and post graduation opportunities, and information and tips about a green workplace, energy efficiency, and relevant environmental topics and information on available industry recognized certifications in each area. CommentsClose CommentsPermalink
(d) Dissemination- The clearinghouse shall be made available via the Internet to the general public. Notice of the completed clearinghouse and any major revisions thereto shall also be provided-- CommentsClose CommentsPermalink
(1) to each Member of Congress; and CommentsClose CommentsPermalink
(2) on the websites of the Departments of Education, Energy, and Labor. CommentsClose CommentsPermalink
(e) Revision- The Secretary of Labor shall revise and update the clearinghouse on a regular basis to ensure its relevance. CommentsClose CommentsPermalink
SEC. 303. GREEN CONSTRUCTION CAREERS DEMONSTRATION PROJECT.
(a) Establishment and Authority- The Secretary of Labor, in consultation with the Secretary of Energy, shall, not later than 180 days after the enactment of this Act, establish a Green Construction Careers demonstration project by rules, regulations, and guidance in accordance with the provisions of this section. The purpose of the demonstration project shall be to promote middle class careers and quality employment practices in the green construction sector among targeted workers and to advance efficiency and performance on construction projects related to this Act. In order to advance these purposes, the Secretary shall identify projects, including residential retrofitting projects, funded directly by or assisted in whole or in part by or through the Federal Government pursuant to this Act or by any other entity established in accordance with this Act, to which all of the following shall apply. CommentsClose CommentsPermalink
(b) Requirements- The Secretaries may establish such terms and conditions for the demonstration projects as the Secretaries determine are necessary to meet the purposes of subsection (a), including establishing minimum proportions of hours to be worked by targeted workers on such projects. The Secretaries may require the contractors and subcontractors performing construction services on the project to comply with the terms and conditions as a condition of receiving funding or assistance from the Federal Government under this Act. CommentsClose CommentsPermalink
(c) Evaluation- The Secretaries shall evaluate the demonstration projects against the purposes of this section at the end of 3 years from initiation of the demonstration project. If the Secretaries determine that the demonstration projects have been successful, the Secretaries may identify further projects to which of the provisions of this section shall apply. CommentsClose CommentsPermalink
(d) GAO Report- The Comptroller General shall prepare and submit a report to the Committee on Health, Education, Labor, and Pensions and the Committee on Energy and Natural Resources of the Senate and the Committee on Education and Labor and the Committee on Energy and Commerce of the House of Representatives not later than 5 years after the date of enactment of this Act, which shall advise the committees of the results of the demonstration projects and make appropriate recommendations. CommentsClose CommentsPermalink
(e) Definition and Designation of Targeted Workers- As used in this section, the term ‘targeted worker’ means an individual who resides in the same labor market area (as defined in section 101(18) of the Workforce Investment Act of 1998 (
(1) is a member of a targeted group, within the meaning of section 51 of the Internal Revenue Code of 1986, other than an individual described in subsection (d)(1)(C) of such section; CommentsClose CommentsPermalink
(2)(A) resides in a census tract in which not less than 20 percent of the households have incomes below the Federal poverty guidelines; or CommentsClose CommentsPermalink
(B) is a member of a family that received a total family income that, during the 2-year period prior to employment on the project or admission to the pre-apprenticeship program, did not exceed 200 percent of the Federal poverty guidelines (exclusive of unemployment compensation, child support payments, payments described in section 101(25)(A) of the Workforce Investment Act (
(3) is a displaced homemaker, as such term is defined in section 3(10) of the Carl D. Perkins Career and Technical Education Act of 2006 (
(f) Qualified Pre-Aapprenticeship Program- A qualified pre-apprenticeship program is a pre-apprenticeship program that has demonstrated an ability to recruit, train, and prepare for admission to apprenticeship programs individuals who are targeted workers. CommentsClose CommentsPermalink
(g) Qualified Apprenticeship and Other Training Programs- CommentsClose CommentsPermalink
(1) PARTICIPATION BY EACH CONTRACTOR REQUIRED- Each contractor and subcontractor that seeks to provide construction services on projects identified by the Secretaries pursuant to subsection (a) shall submit adequate assurances with its bid or proposal that it participates in a qualified apprenticeship or other training program, with a written arrangement with a qualified pre-apprenticeship program, for each craft or trade classification of worker that it intends to employ to perform work on the project. CommentsClose CommentsPermalink
(2) DEFINITION OF QUALIFIED APPRENTICE SHIP OR OTHER TRAINING PROGRAM- CommentsClose CommentsPermalink
(A) IN GENERAL- For purposes of this section, the term ‘qualified apprenticeship or other training program’ means an apprenticeship or other training program that qualifies as an employee welfare benefit plan, as defined in section 3(1) of the Employee Retirement Income Security Act of 1974 (
(B) CERTIFICATION OF OTHER PROGRAMS IN CERTAIN LOCALITIES- In the event that the Secretary of Labor certifies that a qualified apprenticeship or other training program (as defined in subparagraph (A)) for a craft or trade classification of workers that a prospective contractor or subcontractor intends to employ, is not operated in the locality where the project will be performed, an apprenticeship or other training program that is not an employee welfare benefit plan (as defined in such section) may be certified by the Secretary as a qualified apprenticeship or other training program provided it is registered with the Office of Apprenticeship of the Department of Labor, or a State apprenticeship agency recognized by the Office of Apprenticeship for Federal purposes. CommentsClose CommentsPermalink
(h) Facilitating Compliance- The Secretary may require Federal contracting agencies, recipients of Federal assistance, and any other entity established in accordance with this Act to require contractors to enter into an agreement in a manner comparable with the standards set forth in sections 3 and 4 of Executive Order 13502 in order to achieve the purposes of this section, including any requirements established by subsection (b). CommentsClose CommentsPermalink
(i) Limitation- The requirements of this section shall not apply to any project funded under this Act in American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, or the United States Virgin Islands, unless participation is requested by the governor of such territories within 1 year of the promulgation of rules under this Act. CommentsClose CommentsPermalink
PART 2--CLIMATE CHANGE WORKER ADJUSTMENT ASSISTANCE
SEC. 311. PETITIONS, ELIGIBILITY REQUIREMENTS, AND DETERMINATIONS.
(a) Petitions- CommentsClose CommentsPermalink
(1) FILING- A petition for certification of eligibility to apply for adjustment assistance for a group of workers under this part may be filed by any of the following: CommentsClose CommentsPermalink
(A) The group of workers. CommentsClose CommentsPermalink
(B) The certified or recognized union or other duly authorized representative of such workers. CommentsClose CommentsPermalink
(C) Employers of such workers, one-stop operators or one-stop partners (as defined in section 101 of the Workforce Investment Act of 1998 (
The petition shall be filed simultaneously with the Secretary of Labor and with the Governor of the State in which such workers’ employment site is located. CommentsClose CommentsPermalink
(2) ACTION BY GOVERNORS- Upon receipt of a petition filed under paragraph (1), the Governor shall-- CommentsClose CommentsPermalink
(A) ensure that rapid response activities and appropriate core and intensive services (as described in section 134 of the Workforce Investment Act of 1998 (
(B) assist the Secretary in the review of the petition by verifying such information and providing such other assistance as the Secretary may request. CommentsClose CommentsPermalink
(3) ACTION BY THE SECRETARY- Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register and on the website of the Department of Labor that the Secretary has received the petition and initiated an investigation. CommentsClose CommentsPermalink
(4) HEARINGS- If the petitioner, or any other person found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the date of the Secretary’s publication under paragraph (3) a request for a hearing, the Secretary shall provide for a public hearing and afford such interested persons an opportunity to be present, to produce evidence, and to be heard. CommentsClose CommentsPermalink
(b) Eligibility- CommentsClose CommentsPermalink
(1) IN GENERAL- A group of workers shall be certified by the Secretary as eligible to apply for adjustment assistance under this part pursuant to a petition filed under subsection (a) if-- CommentsClose CommentsPermalink
(A) the group of workers is employed in-- CommentsClose CommentsPermalink
(i) energy producing and transforming industries; CommentsClose CommentsPermalink
(ii) industries dependent upon energy industries; CommentsClose CommentsPermalink
(iii) energy-intensive manufacturing industries; CommentsClose CommentsPermalink
(iv) consumer goods manufacturing; or CommentsClose CommentsPermalink
(v) other industries whose employment the Secretary determines has been adversely affected by any requirement of title VII of the Clean Air Act; CommentsClose CommentsPermalink
(B) the Secretary determines that a significant number or proportion of the workers in such workers’ employment site have become totally or partially separated, or are threatened to become totally or partially separated from employment; and CommentsClose CommentsPermalink
(C) the sales, production, or delivery of goods or services have decreased as a result of any requirement of title VII of the Clean Air Act, including-- CommentsClose CommentsPermalink
(i) the shift from reliance upon fossil fuels to other sources of energy, including renewable energy, that results in the closing of a facility or layoff of employees at a facility that mines, produces, processes, or utilizes fossil fuels to generate electricity; CommentsClose CommentsPermalink
(ii) a substantial increase in the cost of energy required for a manufacturing facility to produce items whose prices are competitive in the marketplace, to the extent the cost is not offset by assistance provided to the facility pursuant to title VII of the Clean Air Act; or CommentsClose CommentsPermalink
(iii) other documented occurrences that the Secretary determines are indicators of an adverse impact on an industry described in subparagraph (A) as a result of any requirement of title VII of the Clean Air Act. CommentsClose CommentsPermalink
(2) WORKERS IN PUBLIC AGENCIES- A group of workers in a public agency shall be certified by the Secretary as eligible to apply for climate change adjustment assistance pursuant to a petition filed if the Secretary determines that a significant number or proportion of the workers in the public agency have become totally or partially separated from employment, or are threatened to become totally or partially separated as a result of any requirement of title VII of the Clean Air Act. CommentsClose CommentsPermalink
(3) ADVERSELY AFFECTED SERVICE WORKERS- A group of workers shall be certified as eligible to apply for climate change adjustment assistance pursuant to a petition filed if the Secretary determines that-- CommentsClose CommentsPermalink
(A) a significant number or proportion of the service workers at an employment site where a group of workers has been certified by the Secretary as eligible to apply for adjustment assistance under this part pursuant to paragraph (1) have become totally or partially separated from employment, or are threatened to become totally or partially separated; and CommentsClose CommentsPermalink
(B) a loss of business in the firm providing service workers to an employment site is directly attributable to one or more of the documented occurrences listed in paragraph (1)(C). CommentsClose CommentsPermalink
(c) Authority Tto Investigate and Collect Information- CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall, in determining whether to certify a group of workers under subsection (d), obtain information the Secretary determines to be necessary to make the certification, through questionnaires and in such other manner as the Secretary determines appropriate from-- CommentsClose CommentsPermalink
(A) the workers’ employer; CommentsClose CommentsPermalink
(B) officials of certified or recognized unions or other duly authorized representatives of the group of workers; or CommentsClose CommentsPermalink
(C) one-stop operators or one-stop partners (as defined in section 101 of the Workforce Investment Act of 1998 (
(2) VERIFICATION OF INFORMATION- The Secretary shall require an employer, union, or one-stop operator or partner to certify all information obtained under paragraph (1) from the employer, union, or one-stop operator or partner (as the case may be) on which the Secretary relies in making a determination under subsection (d), unless the Secretary has a reasonable basis for determining that such information is accurate and complete without being certified. CommentsClose CommentsPermalink
(3) PROTECTION OF CONFIDENTIAL INFORMATION- The Secretary may not release information obtained under paragraph (1) that the Secretary considers to be confidential business information unless the employer submitting the confidential business information had notice, at the time of submission, that the information would be released by the Secretary, or the employer subsequently consents to the release of the information. Nothing in this paragraph shall be construed to prohibit the Secretary from providing such confidential business information to a court in camera or to another party under a protective order issued by a court. CommentsClose CommentsPermalink
(d) Determination by the Secretary of Labor- CommentsClose CommentsPermalink
(1) IN GENERAL- As soon as possible after the date on which a petition is filed under subsection (a), but in any event not later than 40 days after that date, the Secretary, in consultation with the Secretary of Energy and the Administrator, as necessary, shall determine whether the petitioning group meets the requirements of subsection (b) and shall issue a certification of eligibility to apply for assistance under this part covering workers in any group which meets such requirements. Each certification shall specify the date on which the total or partial separation began or threatened to begin. Upon reaching a determination on a petition, the Secretary shall promptly publish a summary of the determination in the Federal Register and on the website of the Department of Labor, together with the Secretary’s reasons for making such determination. CommentsClose CommentsPermalink
(2) One-NE YEAR LIMITATION- A certification under this section shall not apply to any worker whose last total or partial separation from the employment site before the worker’s application under section 312(a) occurred more than 1 year before the date of the petition on which such certification was granted. CommentsClose CommentsPermalink
(3) REVOCATION OF CERTIFICATION- Whenever the Secretary determines, with respect to any certification of eligibility of the workers of an employment site, that total or partial separations from such site are no longer a result of the factors specified in subsection (b)(1), the Secretary shall terminate such certification and promptly have notice of such termination published in the Federal Register and on the website of the Department of Labor, together with the Secretary’s reasons for making such determination. Such termination shall apply only with respect to total or partial separations occurring after the termination date specified by the Secretary. CommentsClose CommentsPermalink
(e) Industry Notification of Assistance- Upon receiving a notification of a determination under subsection (d) with respect to a domestic industry the Secretary of Labor shall notify the representatives of the domestic industry affected by the determination, employers publicly identified by name during the course of the proceeding relating to the determination, and any certified or recognized union or, to the extent practicable, other duly authorized representative of workers employed by such representatives of the domestic industry, of-- CommentsClose CommentsPermalink
(1) the adjustment assistance, training, and other benefits available under this part; CommentsClose CommentsPermalink
(2) the manner in which to file a petition and apply for such benefits; CommentsClose CommentsPermalink
(3) the availability of assistance in filing such petitions; CommentsClose CommentsPermalink
(4) notify the Governor of each State in which one or more employers in such industry are located of the Secretary’s determination and the identity of the employers; and CommentsClose CommentsPermalink
(5) upon request, provide any assistance that is necessary to file a petition under subsection (a). CommentsClose CommentsPermalink
(f) Benefit Information to Workers, Providers of Training- CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall provide full information to workers about the adjustment assistance, training, and other benefits available under this part and about the petition and application procedures, and the appropriate filing dates, for such assistance, training and services. The Secretary shall provide whatever assistance is necessary to enable groups of workers to prepare petitions or applications for program benefits. The Secretary shall make every effort to insure that cooperating State agencies fully comply with the agreements entered into under section 312(a) and shall periodically review such compliance. The Secretary shall inform the State Board for Vocational Education or equivalent agency, the one-stop operators or one-stop partners (as defined in section 101 of the Workforce Investment Act of 1998 (
(2) NOTICE BY MAIL- The Secretary shall provide written notice through the mail of the benefits available under this part to each worker whom the Secretary has reason to believe is covered by a certification made under subsection (d)-- CommentsClose CommentsPermalink
(A) at the time such certification is made, if the worker was partially or totally separated from the adversely affected employment before such certification; or CommentsClose CommentsPermalink
(B) at the time of the total or partial separation of the worker from the adversely affected employment, if subparagraph (A) does not apply. CommentsClose CommentsPermalink
(3) NEWSPAPERS; WEBSITE- The Secretary shall publish notice of the benefits available under this part to workers covered by each certification made under subsection (d) in newspapers of general circulation in the areas in which such workers reside and shall make such information available on the website of the Department of Labor. CommentsClose CommentsPermalink
SEC. 312. PROGRAM BENEFITS.
(a) Climate Change Adjustment Assistance- CommentsClose CommentsPermalink
(1) ELIGIBILITY- Payment of climate change adjustment assistance shall be made to an adversely affected worker covered by a certification under section 311(b) who files an application for such assistance for any week of unemployment which begins on or after the date of such certification, if the following conditions are met: CommentsClose CommentsPermalink
(A) Such worker’s total or partial separation before the worker’s application under this part occurred-- CommentsClose CommentsPermalink
(i) on or after the date, as specified in the certification under which the worker is covered, on which total or partial separation began or threatened to begin in the adversely affected employment; CommentsClose CommentsPermalink
(ii) before the expiration of the 2-year period beginning on the date on which the determination under section 311(d) was made; and CommentsClose CommentsPermalink
(iii) before the termination date, if any, determined pursuant to section 311(d)(3). CommentsClose CommentsPermalink
(B) Such worker had, in the 52-week period ending with the week in which such total or partial separation occurred, at least 26 weeks of full-time employment or 1,040 hours of part time employment in adversely affected employment, or, if data with respect to weeks of employment are not available, equivalent amounts of employment computed under regulations prescribed by the Secretary. For the purposes of this paragraph, any week in which such worker-- CommentsClose CommentsPermalink
(i) is on employer-authorized leave for purposes of vacation, sickness, injury, maternity, or inactive duty or active duty military service for training; CommentsClose CommentsPermalink
(ii) does not work because of a disability that is compensable under a workmen’s compensation law or plan of a State or the United States; CommentsClose CommentsPermalink
(iii) had his employment interrupted in order to serve as a full-time representative of a labor organization in such firm; or CommentsClose CommentsPermalink
(iv) is on call-up for purposes of active duty in a reserve status in the Armed Forces of the United States, provided such active duty is ‘Federal service’ as defined in
shall be treated as a week of employment. CommentsClose CommentsPermalink
(C) Such worker is enrolled in a training program approved by the Secretary under subsection (b)(2). CommentsClose CommentsPermalink
(2) INELIGIBILITY FOR CERTAIN OTHER BENEFITS- An adversely affected worker receiving a payment under this section shall be ineligible to receive any other form of unemployment insurance for the period in which such worker is receiving climate change adjustment assistance under this section. CommentsClose CommentsPermalink
(3) REVOCATION- If-- CommentsClose CommentsPermalink
(A) the Secretary determines that-- CommentsClose CommentsPermalink
(i) the adversely affected worker-- CommentsClose CommentsPermalink
(I) has failed to begin participation in the training program the enrollment in which meets the requirement of paragraph (1)(C); or CommentsClose CommentsPermalink
(II) has ceased to participate in such training program before completing such training program; and CommentsClose CommentsPermalink
(ii) there is no justifiable cause for such failure or cessation; or CommentsClose CommentsPermalink
(B) the certification made with respect to such worker under section 311(d) is revoked under paragraph (3) of such section, CommentsClose CommentsPermalink
no adjustment assistance may be paid to the adversely affected worker under this part for the week in which such failure, cessation, or revocation occurred, or any succeeding week, until the adversely affected worker begins or resumes participation in a training program approved by the Secretary under subsection (b)(2). CommentsClose CommentsPermalink
(4) WAIVERS OF TRAINING REQUIREMENTS- The Secretary may issue a written statement to an adversely affected worker waiving the requirement to be enrolled in training described in subsection (b)(2) if the Secretary determines that it is not feasible or appropriate for the worker, because of 1 or more of the following reasons: CommentsClose CommentsPermalink
(A) RECALL- The worker has been notified that the worker will be recalled by the employer from which the separation occurred. CommentsClose CommentsPermalink
(B) MARKETABLE SKILLS- CommentsClose CommentsPermalink
(i) IN GENERAL- The worker possesses marketable skills for suitable employment (as determined pursuant to an assessment of the worker, which may include the profiling system under section 303(j) of the Social Security Act (
(ii) MARKETABLE SKILLS DEFINED- For purposes of clause (i), the term ‘marketable skills’ may include the possession of a postgraduate degree from an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (
(C) RETIREMENT- The worker is within 2 years of meeting all requirements for entitlement to either-- CommentsClose CommentsPermalink
(i) old-age insurance benefits under title II of the Social Security Act (
(ii) a private pension sponsored by an employer or labor organization. CommentsClose CommentsPermalink
(D) HEALTH- The worker is unable to participate in training due to the health of the worker, except that a waiver under this subparagraph shall not be construed to exempt a worker from requirements relating to the availability for work, active search for work, or refusal to accept work under Federal or State unemployment compensation laws. CommentsClose CommentsPermalink
(E) ENROLLMENT UNAVAILABLE- The first available enrollment date for the training of the worker is within 60 days after the date of the determination made under this paragraph, or, if later, there are extenuating circumstances for the delay in enrollment, as determined pursuant to guidelines issued by the Secretary. CommentsClose CommentsPermalink
(F) TRAINING NOT AVAILABLE- Training described in subsection (b)(2) is not reasonably available to the worker from either governmental agencies or private sources (which may include area career and technical education schools, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (
(5) WEEKLY AMOUNTS- The climate change adjustment assistance payable to an adversely affected worker for a week of unemployment shall be an amount equal to 70 percent of the average weekly wage of such worker, but in no case shall such amount exceed the average weekly wage for all workers in the State where the adversely affected worker resides. CommentsClose CommentsPermalink
(6) MAXIMUM DURATION OF BENEFITS- An eligible worker may receive a climate change adjustment assistance under this subsection for a period of not longer than 156 weeks. CommentsClose CommentsPermalink
(b) Employment Services and Training- CommentsClose CommentsPermalink
(1) INFORMATION AND EMPLOYMENT SERVICES- The Secretary shall make available, directly or through agreements with the States under section 313(a) to adversely affected workers covered by a certification under section 311(a) the following information and employment services: CommentsClose CommentsPermalink
(A) Comprehensive and specialized assessment of skill levels and service needs, including through-- CommentsClose CommentsPermalink
(i) diagnostic testing and use of other assessment tools; and CommentsClose CommentsPermalink
(ii) in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals. CommentsClose CommentsPermalink
(B) Development of an individual employment plan to identify employment goals and objectives, and appropriate training to achieve those goals and objectives. CommentsClose CommentsPermalink
(C) Information on training available in local and regional areas, information on individual counseling to determine which training is suitable training, and information on how to apply for such training. CommentsClose CommentsPermalink
(D) Information on training programs and other services provided by a State pursuant to title I of the Workforce Investment Act of 1998 (
(E) Information on how to apply for financial aid, including referring workers to educational opportunity centers described in section 402F of the Higher Education Act of 1965 (
(F) Short-term prevocational services, including development of learning skills, communications skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct to prepare individuals for employment or training. CommentsClose CommentsPermalink
(G) Individual career counseling, including job search and placement counseling, during the period in which the individual is receiving climate change adjustment assistance or training under this part, and after receiving such training for purposes of job placement. CommentsClose CommentsPermalink
(H) Provision of employment statistics information, including the provision of accurate information relating to local, regional, and national labor market areas, including-- CommentsClose CommentsPermalink
(i) job vacancy listings in such labor market areas; CommentsClose CommentsPermalink
(ii) information on jobs skills necessary to obtain jobs identified in job vacancy listings described in subparagraph (A); CommentsClose CommentsPermalink
(iii) information relating to local occupations that are in demand and earnings potential of such occupations; and CommentsClose CommentsPermalink
(iv) skills requirements for local occupations described in subparagraph (C). CommentsClose CommentsPermalink
(I) Information relating to the availability of supportive services, including services relating to child care, transportation, dependent care, housing assistance, and need-related payments that are necessary to enable an individual to participate in training. CommentsClose CommentsPermalink
(2) TRAINING- CommentsClose CommentsPermalink
(A) APPROVAL OF AND PAYMENT FOR TRAINING- If the Secretary determines, with respect to an adversely affected worker that-- CommentsClose CommentsPermalink
(i) there is no suitable employment (which may include technical and professional employment) available for an adversely affected worker; CommentsClose CommentsPermalink
(ii) the worker would benefit from appropriate training; CommentsClose CommentsPermalink
(iii) there is a reasonable expectation of employment following completion of such training; CommentsClose CommentsPermalink
(iv) training approved by the Secretary is reasonably available to the worker from either governmental agencies or private sources (including area career and technical education schools, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (
(v) the worker is qualified to undertake and complete such training; and CommentsClose CommentsPermalink
(vi) such training is suitable for the worker and available at a reasonable cost, CommentsClose CommentsPermalink
the Secretary shall approve such training for the worker. Upon such approval, the worker shall be entitled to have payment of the costs of such training (subject to the limitations imposed by this section) paid on the worker’s behalf by the Secretary directly or through a voucher system. CommentsClose CommentsPermalink
(B) DISTRIBUTION- The Secretary shall establish procedures for the distribution of the funds to States to carry out the training programs approved under this paragraph, and shall make an initial distribution of the funds made available as soon as practicable after the beginning of each fiscal year. CommentsClose CommentsPermalink
(C) ADDITIONAL RULES REGARDING APPROVAL OF AND PAYMENT FOR TRAINING- CommentsClose CommentsPermalink
(i) For purposes of applying subparagraph (A)(iii), a reasonable expectation of employment does not require that employment opportunities for a worker be available, or offered, immediately upon the completion of training approved under such subparagraph. CommentsClose CommentsPermalink
(ii) If the costs of training an adversely affected worker are paid by the Secretary under subparagraph (A), no other payment for such costs may be made under any other provision of Federal law. No payment may be made under subparagraph (A) of the costs of training an adversely affected worker or an adversely affected incumbent worker if such costs-- CommentsClose CommentsPermalink
(I) have already been paid under any other provision of Federal law; or CommentsClose CommentsPermalink
(II) are reimbursable under any other provision of Federal law and a portion of such costs have already been paid under such other provision of Federal law. CommentsClose CommentsPermalink
The provisions of this clause shall not apply to, or take into account, any funds provided under any other provision of Federal law which are used for any purpose other than the direct payment of the costs incurred in training a particular adversely affected worker, even if such use has the effect of indirectly paying or reducing any portion of the costs involved in training the adversely affected worker. CommentsClose CommentsPermalink
(D) TRAINING PROGRAMS- The training programs that may be approved under subparagraph (A) include-- CommentsClose CommentsPermalink
(i) employer-based training, including-- CommentsClose CommentsPermalink
(I) on-the-job training if approved by the Secretary under subsection (c); and CommentsClose CommentsPermalink
(II) joint labor-management apprenticeship programs; CommentsClose CommentsPermalink
(ii) any training program provided by a State pursuant to title I of the Workforce Investment Act of 1998 (
(iii) any programs in career and technical education described in section 3(5) of the Carl D. Perkins Career and Technical Education Act of 2006 (
(iv) any program of remedial education; CommentsClose CommentsPermalink
(v) any program of prerequisite education or coursework required to enroll in training that may be approved under this paragraph; CommentsClose CommentsPermalink
(vi) any training program for which all, or any portion, of the costs of training the worker are paid-- CommentsClose CommentsPermalink
(I) under any Federal or State program other than this part; or CommentsClose CommentsPermalink
(II) from any source other than this part; CommentsClose CommentsPermalink
(vii) any training program or coursework at an accredited institution of higher education (described in section 102 of the Higher Education Act of 1965 (
(I) obtaining a degree or certification; or CommentsClose CommentsPermalink
(II) completing a degree or certification that the worker had previously begun at an accredited institution of higher education; and CommentsClose CommentsPermalink
(viii) any other training program approved by the Secretary. CommentsClose CommentsPermalink
(3) SUPPLEMENTAL ASSISTANCE- The Secretary may, as appropriate, authorize supplemental assistance that is necessary to defray reasonable transportation and subsistence expenses for separate maintenance in a case in which training for a worker is provided in a facility that is not within commuting distance of the regular place of residence of the worker. CommentsClose CommentsPermalink
(c) On-The-Jthe-job Training Requirements- CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary may approve on-the-job training for any adversely affected worker if-- CommentsClose CommentsPermalink
(A) the Secretary determines that on-the-job training-- CommentsClose CommentsPermalink
(i) can reasonably be expected to lead to suitable employment with the employer offering the on-the-job training; CommentsClose CommentsPermalink
(ii) is compatible with the skills of the worker; CommentsClose CommentsPermalink
(iii) includes a curriculum through which the worker will gain the knowledge or skills to become proficient in the job for which the worker is being trained; and CommentsClose CommentsPermalink
(iv) can be measured by benchmarks that indicate that the worker is gaining such knowledge or skills; and CommentsClose CommentsPermalink
(B) the State determines that the on-the-job training program meets the requirements of clauses (iii) and (iv) of subparagraph (A). CommentsClose CommentsPermalink
(2) MONTHLY PAYMENTS- The Secretary shall pay the costs of on-the-job training approved under paragraph (1) in monthly installments. CommentsClose CommentsPermalink
(3) CONTRACTS FOR ON-THE-JOB TRAINING- CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary shall ensure, in entering into a contract with an employer to provide on-the-job training to a worker under this subsection, that the skill requirements of the job for which the worker is being trained, the academic and occupational skill level of the worker, and the work experience of the worker are taken into consideration. CommentsClose CommentsPermalink
(B) TERM OF CONTRACT- Training under any such contract shall be limited to the period of time required for the worker receiving on-the-job training to become proficient in the job for which the worker is being trained, but may not exceed 156 weeks in any case. CommentsClose CommentsPermalink
(4) EXCLUSION OF CERTAIN EMPLOYERS- The Secretary shall not enter into a contract for on-the-job training with an employer that exhibits a pattern of failing to provide workers receiving on-the-job training from the employer with-- CommentsClose CommentsPermalink
(A) continued, long-term employment as regular employees; and CommentsClose CommentsPermalink
(B) wages, benefits, and working conditions that are equivalent to the wages, benefits, and working conditions provided to regular employees who have worked a similar period of time and are doing the same type of work as workers receiving on-the-job training from the employer. CommentsClose CommentsPermalink
(d) Administrative and Employment Services Funding- CommentsClose CommentsPermalink
(1) ADMINISTRATIVE FUNDING- In addition to any funds made available to a State to carry out this section for a fiscal year, the State shall receive for the fiscal year a payment in an amount that is equal to 15 percent of the amount of such funds and shall-- CommentsClose CommentsPermalink
(A) use not more than 2/3 of such payment for the administration of the climate change adjustment assistance for workers program under this part, including for-- CommentsClose CommentsPermalink
(i) processing waivers of training requirements under subsection (a)(4); and CommentsClose CommentsPermalink
(ii) collecting, validating, and reporting data required under this part; and CommentsClose CommentsPermalink
(B) use not less than 1/3 of such payment for information and employment services under subsection (b)(1). CommentsClose CommentsPermalink
(2) EMPLOYMENT SERVICES FUNDING- CommentsClose CommentsPermalink
(A) IN GENERAL- In addition to any funds made available to a State to carry out subsection (b)(2) and the payment under paragraph (1) for a fiscal year, the Secretary shall provide to the State for the fiscal year a reasonable payment for the purpose of providing employment and services under subsection (b)(1). CommentsClose CommentsPermalink
(B) VOLUNTARY RETURN OF FUNDS- A State that receives a payment under subparagraph (A) may decline or otherwise return such payment to the Secretary. CommentsClose CommentsPermalink
(e) Job Search Assistance- The Secretary of Labor may provide adversely affected workers one-time job search assistance in accordance with regulations prescribed by the Secretary. Any job search assistance provided shall be available only under the following circumstances and conditions: CommentsClose CommentsPermalink
(1) The worker is no longer eligible for the climate change adjustment assistance under subsection (a) and has completed the training program required by subsection (b)(1)(E). CommentsClose CommentsPermalink
(2) The Secretary determines that the worker cannot reasonably be expected to secure suitable employment in the commuting area in which the worker resides. CommentsClose CommentsPermalink
(3) Assistance granted shall provide reimbursement to the worker of all necessary job search expenses as prescribed by the Secretary in regulations. Such reimbursement under this subsection may not exceed $1,500 for any worker. CommentsClose CommentsPermalink
(f) Relocation Assistance Authorized- CommentsClose CommentsPermalink
(1) IN GENERAL- Any adversely affected worker covered by a certification issued under section 311 may file an application for relocation assistance with the Secretary, and the Secretary may grant the relocation assistance, subject to the terms and conditions of this subsection. CommentsClose CommentsPermalink
(2) CONDITIONS FOR GRANTING ASSISTANCE- Relocation assistance may be granted if all of the following terms and conditions are met: CommentsClose CommentsPermalink
(A) ASSIST AN ADVERSELY AFFECTED WORKER- The relocation assistance will assist an adversely affected worker in relocating within the United States. CommentsClose CommentsPermalink
(B) LOCAL EMPLOYMENT NOT AVAILABLE- The Secretary determines that the worker cannot reasonably be expected to secure suitable employment in the commuting area in which the worker resides. CommentsClose CommentsPermalink
(C) TOTAL SEPARATION- The worker is totally separated from employment at the time relocation commences. CommentsClose CommentsPermalink
(D) SUITABLE EMPLOYMENT OBTAINED- The worker-- CommentsClose CommentsPermalink
(i) has obtained suitable employment affording a reasonable expectation of long-term duration in the area in which the worker wishes to relocate; or CommentsClose CommentsPermalink
(ii) has obtained a bona fide offer of such employment. CommentsClose CommentsPermalink
(E) APPLICATION- The worker filed an application with the Secretary at such time and in such manner as the Secretary shall specify by regulation. CommentsClose CommentsPermalink
(3) AMOUNT OF ASSISTANCE- Relocation assistance granted to a worker under paragraph (1) includes-- CommentsClose CommentsPermalink
(A) all reasonable and necessary expenses (including, subsistence and transportation expenses at levels not exceeding amounts prescribed by the Secretary in regulations) incurred in transporting the worker, the worker’s family, and household effects; and CommentsClose CommentsPermalink
(B) a lump sum equivalent to 3 times the worker’s average weekly wage, up to a maximum payment of $1,500. CommentsClose CommentsPermalink
(4) LIMITATIONS- Relocation assistance may not be granted to a worker unless-- CommentsClose CommentsPermalink
(A) the relocation occurs within 182 days after the filing of the application for relocation assistance; or CommentsClose CommentsPermalink
(B) the relocation occurs within 182 days after the conclusion of training, if the worker entered a training program approved by the Secretary under subsection (b)(2). CommentsClose CommentsPermalink
(g) Health Insurance Continuation- Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall prescribe regulations to provide, for the period in which an adversely affected worker is participating in a training program described in subsection (b)(2), 80 percent of the monthly premium of any health insurance coverage that an adversely affected worker was receiving from such worker’s employer prior to the separation from employment described in section 311(b), to be paid to any health care insurance plan designated by the adversely affected worker receiving assistance under this section. CommentsClose CommentsPermalink
SEC. 313. GENERAL PROVISIONS.
(a) Agreements With States- CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary is authorized on behalf of the United States to enter into an agreement with any State, or with any State agency (referred to in this section as ‘cooperating States’ and ‘cooperating State agencies’ respectively). Under such an agreement, the cooperating State or cooperating State agency-- CommentsClose CommentsPermalink
(A) as agent of the United States, shall receive applications for, and shall provide, payments on the basis provided in this part; CommentsClose CommentsPermalink
(B) in accordance with paragraph (6), shall make available to adversely affected workers covered by a certification under section 311(d) the employment services described in section 312(b)(1); CommentsClose CommentsPermalink
(C) shall make any certifications required under section 311(d); and CommentsClose CommentsPermalink
(D) shall otherwise cooperate with the Secretary and with other State and Federal agencies in providing payments and services under this part. CommentsClose CommentsPermalink
Each agreement under this section shall provide the terms and conditions upon which the agreement may be amended, suspended, or terminated. CommentsClose CommentsPermalink
(2) FORM AND MANNER OF DATA- Each agreement under this section shall-- CommentsClose CommentsPermalink
(A) provide the Secretary with the authority to collect any data the Secretary determines necessary to meet the requirements of this part; and CommentsClose CommentsPermalink
(B) specify the form and manner in which any such data requested by the Secretary shall be reported. CommentsClose CommentsPermalink
(3) RELATIONSHIP TO UNEMPLOYMENT INSURANCE- Each agreement under this section shall provide that an adversely affected worker receiving climate change adjustment assistance under this part shall not be eligible for unemployment insurance otherwise payable to such worker under the laws of the State. CommentsClose CommentsPermalink
(4) REVIEW- A determination by a cooperating State agency with respect to entitlement to program benefits under an agreement is subject to review in the same manner and to the same extent as determinations under the applicable State law and only in that manner and to that extent. CommentsClose CommentsPermalink
(5) COORDINATION- Any agreement entered into under this section shall provide for the coordination of the administration of the provisions for employment services, training, and supplemental assistance under section 312 and under title I of the Workforce Investment Act of 1998 (
(6) RESPONSIBILITIES OF COOPERATING AGENCIES- Each cooperating State agency shall, in carrying out paragraph (1)(B)-- CommentsClose CommentsPermalink
(A) advise each worker who applies for unemployment insurance of the benefits under this part and the procedures and deadlines for applying for such benefits; CommentsClose CommentsPermalink
(B) facilitate the early filing of petitions under section 311(a) for any workers that the agency considers are likely to be eligible for benefits under this part; CommentsClose CommentsPermalink
(C) advise each adversely affected worker to apply for training under section 312(b) before, or at the same time, the worker applies for climate change adjustment assistance under section 312(a); CommentsClose CommentsPermalink
(D) perform outreach to, intake of, and orientation for adversely affected workers and adversely affected incumbent workers covered by a certification under section 312(a) with respect to assistance and benefits available under this part; CommentsClose CommentsPermalink
(E) make employment services described in section 312(b)(1) available to adversely affected workers and adversely affected incumbent workers covered by a certification under section 311(d) and, if funds provided to carry out this part are insufficient to make such services available, make arrangements to make such services available through other Federal programs; and CommentsClose CommentsPermalink
(F) provide the benefits and reemployment services under this part in a manner that is necessary for the proper and efficient administration of this part, including the use of state agency personnel employed in accordance with a merit system of personnel administration standards, including-- CommentsClose CommentsPermalink
(i) making determinations of eligibility for, and payment of, climate change readjustment assistance and health care benefit replacement amounts; CommentsClose CommentsPermalink
(ii) developing recommendations regarding payments as a bridge to retirement and lump sum payments to pension plans in accordance with this subsection; and CommentsClose CommentsPermalink
(iii) the provision of reemployment services to eligible workers, including referral to training services. CommentsClose CommentsPermalink
(7) SUBMISSION OF CERTAIN INFORMATION- In order to promote the coordination of workforce investment activities in each State with activities carried out under this part, any agreement entered into under this section shall provide that the State shall submit to the Secretary, in such form as the Secretary may require, the description and information described in paragraphs (8) and (14) of section 112(b) of the Workforce Investment Act of 1998 (
(8) CONTROL MEASURES- CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary shall require each cooperating State and cooperating State agency to implement effective control measures and to effectively oversee the operation and administration of the climate change adjustment assistance program under this part, including by means of monitoring the operation of control measures to improve the accuracy and timeliness of the data being collected and reported. CommentsClose CommentsPermalink
(B) DEFINITION- For purposes of subparagraph (A), the term ‘control measures’ means measures that-- CommentsClose CommentsPermalink
(i) are internal to a system used by a State to collect data; and CommentsClose CommentsPermalink
(ii) are designed to ensure the accuracy and verifiability of such data. CommentsClose CommentsPermalink
(9) DATA REPORTING- CommentsClose CommentsPermalink
(A) IN GENERAL- Any agreement entered into under this section shall require the cooperating State or cooperating State agency to report to the Secretary on a quarterly basis comprehensive performance accountability data, to consist of-- CommentsClose CommentsPermalink
(i) the core indicators of performance described in subparagraph (B)(i); CommentsClose CommentsPermalink
(ii) the additional indicators of performance described in subparagraph (B)(ii), if any; and CommentsClose CommentsPermalink
(iii) a description of efforts made to improve outcomes for workers under the climate change adjustment assistance program. CommentsClose CommentsPermalink
(B) CORE INDICATORS DESCRIBED- CommentsClose CommentsPermalink
(i) IN GENERAL- The core indicators of performance described in this subparagraph are-- CommentsClose CommentsPermalink
(I) the percentage of workers receiving benefits under this part who are employed during the second calendar quarter following the calendar quarter in which the workers cease receiving such benefits; CommentsClose CommentsPermalink
(II) the percentage of such workers who are employed in each of the third and fourth calendar quarters following the calendar quarter in which the workers cease receiving such benefits; and CommentsClose CommentsPermalink
(III) the earnings of such workers in each of the third and fourth calendar quarters following the calendar quarter in which the workers cease receiving such benefits. CommentsClose CommentsPermalink
(ii) ADDITIONAL INDICATORS- The Secretary and a cooperating State or cooperating State agency may agree upon additional indicators of performance for the climate change adjustment assistance program under this part, as appropriate. CommentsClose CommentsPermalink
(C) STANDARDS WITH RESPECT TO RELIABILITY OF DATA- In preparing the quarterly report required by subparagraph (A), each cooperating State or cooperating State agency shall establish procedures that are consistent with guidelines to be issued by the Secretary to ensure that the data reported are valid and reliable. CommentsClose CommentsPermalink
(10) VERIFICATION OF ELIGIBILITY FOR PROGRAM BENEFITS- CommentsClose CommentsPermalink
(A) IN GENERAL- An agreement under this section shall provide that the State shall periodically redetermine that a worker receiving benefits under this part who is not a citizen or national of the United States remains in a satisfactory immigration status. Once satisfactory immigration status has been initially verified through the immigration status verification system described in section 1137(d) of the Social Security Act (
(B) PROCEDURES- The Secretary shall establish procedures to ensure the uniform application by the States of the requirements of this paragraph. CommentsClose CommentsPermalink
(b) Administration Absent State Agreement- CommentsClose CommentsPermalink
(1) In any State where there is no agreement in force between a State or its agency under subsection (a), the Secretary shall promulgate regulations for the performance of all necessary functions under section 312, including provision for a fair hearing for any worker whose application for payments is denied. CommentsClose CommentsPermalink
(2) A final determination under paragraph (1) with respect to entitlement to program benefits under section 312 is subject to review by the courts in the same manner and to the same extent as is provided by section 205(g) of the Social Security Act (
(c) Prohibition on Contracting With Private Entities- Neither the Secretary nor a State may contract with any private for-profit or nonprofit entity for the administration of the climate change adjustment assistance program under this part. CommentsClose CommentsPermalink
(d) Payment to the States- CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each cooperating State the sums necessary to enable such State as agent of the United States to make payments provided for by this part. CommentsClose CommentsPermalink
(2) RESTRICTION- All money paid a State under this subsection shall be used solely for the purposes for which it is paid; and money so paid which is not used for such purposes shall be returned, at the time specified in the agreement under this section, to the Secretary of the Treasury. CommentsClose CommentsPermalink
(3) BONDS- Any agreement under this section may require any officer or employee of the State certifying payments or disbursing funds under the agreement or otherwise participating in the performance of the agreement, to give a surety bond to the United States in such amount as the Secretary may deem necessary, and may provide for the payment of the cost of such bond from funds for carrying out the purposes of this part. CommentsClose CommentsPermalink
(e) Labor Standards- CommentsClose CommentsPermalink
(1) PROHIBITION ON DISPLACEMENT- An individual in an apprenticeship program or on-the-job training program under this part shall not displace (including a partial displacement, such as a reduction in the hours of non-overtime work, wages, or employment benefits) any employed employee. CommentsClose CommentsPermalink
(2) PROHIBITION ON IMPAIRMENT OF CONTRACTS- An apprenticeship program or on-the-job raining program under this Act shall not impair an existing contract for services or collective bargaining agreement, and no such activity that would be inconsistent with the terms of a collective bargaining agreement shall be undertaken without the written concurrence of the labor organization and employer concerned. CommentsClose CommentsPermalink
(3) ADDITIONAL STANDARDS- The Secretary, or a State acting under an agreement described in subsection (a) may pay the costs of on-the-job training, notwithstanding any other provision of this section, only if-- CommentsClose CommentsPermalink
(A) in the case of training which would be inconsistent with the terms of a collective bargaining agreement, the written concurrence of the labor organization concerned has been obtained; CommentsClose CommentsPermalink
(B) the job for which such adversely affected worker is being trained is not being created in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals; CommentsClose CommentsPermalink
(C) such training is not for the same occupation from which the worker was separated and with respect to which such worker’s group was certified pursuant to section 311(d); CommentsClose CommentsPermalink
(D) the employer is provided reimbursement of not more than 50 percent of the wage rate of the participant, for the cost of providing the training and additional supervision related to the training; and CommentsClose CommentsPermalink
(E) the employer has not received payment under with respect to any other on-the-job training provided by such employer which failed to meet the requirements of subparagraphs (A) through (D). CommentsClose CommentsPermalink
(f) Definitions- As used in this part the following definitions apply: CommentsClose CommentsPermalink
(1) The term ‘adversely affected employment’ means employment at an employment site, if workers at such site are eligible to apply for adjustment assistance under this part. CommentsClose CommentsPermalink
(2) The term ‘adversely affected worker’ means an individual who has been totally or partially separated from employment and is eligible to apply for adjustment assistance under this part. CommentsClose CommentsPermalink
(3) The term ‘average weekly wage’ means 1/13 of the total wages paid to an individual in the quarter in which the individual’s total wages were highest among the first 4 of the last 5 completed calendar quarters immediately before the quarter in which occurs the week with respect to which the computation is made. Such week shall be the week in which total separation occurred, or, in cases where partial separation is claimed, an appropriate week, as defined in regulations prescribed by the Secretary. CommentsClose CommentsPermalink
(4) The term ‘average weekly hours’ means the average hours worked by the individual (excluding overtime) in the employment from which he has been or claims to have been separated in the 52 weeks (excluding weeks during which the individual was sick or on vacation) preceding the week specified in the last sentence of paragraph (4). CommentsClose CommentsPermalink
(5) The term ‘benefit period’ means, with respect to an individual-- CommentsClose CommentsPermalink
(A) the benefit year and any ensuing period, as determined under applicable State law, during which the individual is eligible for regular compensation, additional compensation, or extended compensation; or CommentsClose CommentsPermalink
(B) the equivalent to such a benefit year or ensuing period provided for under the applicable Federal unemployment insurance law. CommentsClose CommentsPermalink
(6) The term ‘consumer goods manufacturing’ means the electrical equipment, appliance, and component manufacturing industry and transportation equipment manufacturing. CommentsClose CommentsPermalink
(7) The term ‘employment site’ means a single facility or site of employment. CommentsClose CommentsPermalink
(8) The term ‘energy-intensive manufacturing industries’ means all industrial sectors, entities, or groups of entities that meet the energy or greenhouse gas intensity criteria in section 763(b)(2)(A) of the Clean Air Act based on the most recent data available. CommentsClose CommentsPermalink
(9) The term ‘energy producing and transforming industries’ means the coal mining industry, oil and gas extraction, electricity power generation, transmission and distribution, and natural gas distribution. CommentsClose CommentsPermalink
(10) The term ‘industries dependent upon energy industries’ means rail transportation and pipeline transportation industries. CommentsClose CommentsPermalink
(11) The term ‘on-the-job training’ means training provided by an employer to an individual who is employed by the employer. CommentsClose CommentsPermalink
(112) The terms ‘partial separation’ and ‘partially separated’ refer, with respect to an individual who has not been totally separated, that such individual has had-- CommentsClose CommentsPermalink
(A) his or her hours of work reduced to 80 percent or less of his average weekly hours in adversely affected employment; and CommentsClose CommentsPermalink
(B) his or her wages reduced to 80 percent or less of his average weekly wage in such adversely affected employment. CommentsClose CommentsPermalink
(123) The term ‘public agency’ means a department or agency of a State or political subdivision of a State or of the Federal Government. CommentsClose CommentsPermalink
(134) The term ‘Secretary’ means the Secretary of Labor. CommentsClose CommentsPermalink
(145) The term ‘service workers’ means workers supplying support or auxiliary services to an employment site. CommentsClose CommentsPermalink
(156) The term ‘State’ includes the District of Columbia and the Commonwealth of Puerto Rico: and the term ‘United States’ when used in the geographical sense includes such Commonwealth. CommentsClose CommentsPermalink
(167) The term ‘State agency’ means the agency of the State which administers the State law. CommentsClose CommentsPermalink
(178) The term ‘State law’ means the unemployment insurance law of the State approved by the Secretary of Labor under section 3304 of the Internal Revenue Code of 1986. CommentsClose CommentsPermalink
(189) The terms ‘total separation’ and ‘totally separated’ refer to the layoff or severance of an individual from employment with an employer in which adversely affected employment exists. CommentsClose CommentsPermalink
(1920) The term ‘unemployment insurance’ means the unemployment compensation payable to an individual under any State law or Federal unemployment compensation law, including chapter 85 of title 5, United States Code, and the Railroad Unemployment Insurance Act (
(201) The term ‘week’ means a week as defined in the applicable State law. CommentsClose CommentsPermalink
(212) The term ‘week of unemployment’ means a week of total, part-total, or partial unemployment as determined under the applicable State law or Federal unemployment insurance law. CommentsClose CommentsPermalink
(g) Special Rule With Respect to Military Service- CommentsClose CommentsPermalink
(1) IN GENERAL- Notwithstanding any other provision of this part, the Secretary may waive any requirement of this part that the Secretary determines is necessary to ensure that an adversely affected worker who is a member of a reserve component of the Armed Forces and serves a period of duty described in paragraph (2) is eligible to receive climate change adjustment assistance, training, and other benefits under this part in the same manner and to the same extent as if the worker had not served the period of duty. CommentsClose CommentsPermalink
(2) PERIOD OF DUTY DESCRIBED- An adversely affected worker serves a period of duty described in this paragraph if, before completing training under this part, the worker-- CommentsClose CommentsPermalink
(A) serves on active duty for a period of more than 30 days under a call or order to active duty of more than 30 days; or CommentsClose CommentsPermalink
(B) in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, performs full-time National Guard duty under
(h) Fraud and Recovery of Overpayments- CommentsClose CommentsPermalink
(1) RECOVERY OF PAYMENTS TO WHICH AN INDIVIDUAL WAS NOT ENTITLED- If the Secretary or a court of competent jurisdiction determines that any person has received any payment under this part to which the individual was not entitled, such individual shall be liable to repay such amount to the Secretary, as the case may be, except that the Secretary shall waive such repayment if such agency or the Secretary determines that-- CommentsClose CommentsPermalink
(A) the payment was made without fault on the part of such individual; and CommentsClose CommentsPermalink
(B) requiring such repayment would cause a financial hardship for the individual (or the individual’s household, if applicable) when taking into consideration the income and resources reasonably available to the individual (or household) and other ordinary living expenses of the individual (or household). CommentsClose CommentsPermalink
(2) MEANS OF RECOVERY- Unless an overpayment is otherwise recovered, or waived under paragraph (1), the Secretary shall recover the overpayment by deductions from any sums payable to such person under this part, under any Federal unemployment compensation law or other Federal law administered by the Secretary which provides for the payment of assistance with respect to unemployment. Any amount recovered under this section shall be returned to the Treasury of the United States. CommentsClose CommentsPermalink
(3) PENALTIES FOR FRAUD- Any person who-- CommentsClose CommentsPermalink
(A) makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, for the purpose of obtaining or increasing for that person or for any other person any payment authorized to be furnished under this part; or CommentsClose CommentsPermalink
(B) makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, when providing information to the Secretary during an investigation of a petition under section 311(c); CommentsClose CommentsPermalink
shall be imprisoned for not more than one year, or fined under title 18, United States Code, or both, and be ineligible for any further payments under this part. CommentsClose CommentsPermalink
(i) Regulations- The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this part. CommentsClose CommentsPermalink
(j) Study on Older Workers- The Secretary shall conduct a study examine the circumstances of older adversely affected workers and the ability of such workers to access their retirement benefits. The Secretary shall transmit a report to Congress not later than 2 years after the date of enactment of this Act on the findings of the study and the Secretary’s recommendations on how to ensure that adversely affected workers within 2 years of retirement are able to access their retirement benefits. CommentsClose CommentsPermalink
(k) Spending Limit- CommentsClose CommentsPermalink
(1) IN GENERAL- For each fiscal year, the total amount of funds disbursed for the purposes described in section 312 shall not exceed the amount deposited in that fiscal year into the Worker Transition Fund established under section 209 of division B. CommentsClose CommentsPermalink
(2) SUBSEQUENT FISCAL YEARS- The annual spending limit for any succeeding fiscal year shall be increased by the difference, if any, between the amount of the disbursements for the prior fiscal year and the spending limitation for that fiscal year. CommentsClose CommentsPermalink
(3) ADMINISTRATION- CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary shall promulgate rules to ensure that the spending limit established under this subsection is not exceeded. CommentsClose CommentsPermalink
(B) RULES- The rules shall-- CommentsClose CommentsPermalink
(i) provide that workers who receive any of the benefits described in section 312 receive full benefits; and CommentsClose CommentsPermalink
(ii) include the establishment of a waiting list for workers in the event that the requests for assistance exceed the spending limit. CommentsClose CommentsPermalink
Subtitle B--International Climate Change Programs
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Subtitle B--International Climate Change Programs CommentsClose CommentsPermalink
SEC. 321. STRATEGIC INTERAGENCY BOARD ON INTERNATIONAL CLIMATE INVESTMENT.
(a) Establishment- CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 90 days after the date of the enactment of this Act, the President shall establish the ‘Strategic Interagency Board on International Climate Investment’ (referred to in this subtitle as the ‘Board’). CommentsClose CommentsPermalink
(2) COMPOSITION- The Board shall be composed of-- CommentsClose CommentsPermalink
(A) the Secretary of State; CommentsClose CommentsPermalink
(B) the Administrator of United States Agency for International Development; CommentsClose CommentsPermalink
(C) the Secretary of Energy; CommentsClose CommentsPermalink
(D) the Secretary of the Treasury; CommentsClose CommentsPermalink
(E) the Secretary of Commerce; CommentsClose CommentsPermalink
(F) the Secretary of Agriculture; CommentsClose CommentsPermalink
(G) the Administrator; and CommentsClose CommentsPermalink
(H) such other relevant officials as the President may designate. CommentsClose CommentsPermalink
(b) Duties- The duties of the Board shall include assessing, monitoring, and evaluating the progress and contributions of relevant departments and agencies of the Federal Government in supporting financing for international climate change activities. CommentsClose CommentsPermalink
SEC. 322. EMISSION REDUCTIONS FROM REDUCED DEFORESTATION.
Title VII of the Clean Air Act (as amended by section 101 of division B) is amended by adding at the end the following: CommentsClose CommentsPermalink
‘PART E--SUPPLEMENTAL EMISSION REDUCTIONS
‘SEC. 751. DEFINITIONS.
‘In this part: CommentsClose CommentsPermalink
‘(1) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the United States Agency for International Development. CommentsClose CommentsPermalink
‘(2) DEFORESTATION- The term ‘deforestation’ means a change in land use from a forest to any other land use. CommentsClose CommentsPermalink
‘(3) DEGRADATION- The term ‘degradation’, with respect to a forest, is any reduction in the carbon stock of a forest due to the impact of human land-use activities. CommentsClose CommentsPermalink
‘(4) EMISSION REDUCTIONS- The term ‘emission reductions’ means greenhouse gas emission reductions achieved from reduced or avoided deforestation under this title. CommentsClose CommentsPermalink
‘(5) LEAKAGE PREVENTION ACTIVITIES- The term ‘leakage prevention activities’ means activities in developing countries that are directed at preserving existing forest carbon stocks, including forested wetlands and peatlands, that might, absent such activities, be lost through leakage. CommentsClose CommentsPermalink
‘SEC. 752. PURPOSES.
‘The purposes of this part are to provide United States assistance to developing countries-- CommentsClose CommentsPermalink
‘(1) to develop, implement and improve nationally appropriate greenhouse gas mitigation policies and actions that reduce deforestation and forest degradation or conserve or restore forest ecosystems, in a measurable, reportable, and verifiable manner; and CommentsClose CommentsPermalink
‘(2) in a manner that is consistent with and enhances the implementation of complementary United States policies that support the good governance of forests, biodiversity conservation, and environmentally sustainable development, while taking local communities, most vulnerable populations and communities, particularly forest-dependent communities and indigenous peoples into consideration. CommentsClose CommentsPermalink
‘SEC. 753. EMISSION REDUCTIONS FROM REDUCED DEFORESTATION.
‘(a) In General- Not later than 2 years after the date of the enactment of this part, the Administrator, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, and the head of any other appropriate agency, shall establish a program to provide assistance to reduce greenhouse gas emissions from deforestation in developing countries, in accordance with this title. CommentsClose CommentsPermalink
‘(b) Objectives- The objectives of the program established under this section shall be-- CommentsClose CommentsPermalink
‘(1) to reduce greenhouse gas emissions from deforestation in developing countries by at least 720,000,000 tons of carbon dioxide equivalent in 2020, and a cumulative quantity of at least 6,000,000,000 tons of carbon dioxide equivalent by December 31, 2025, with additional reductions in subsequent years; CommentsClose CommentsPermalink
‘(2) to assist developing countries in preparing to participate in international markets for international offset credits for reduced emissions from deforestation; and CommentsClose CommentsPermalink
‘(3) to preserve existing forest carbon stocks in countries where such forest carbon may be vulnerable to international leakage. CommentsClose CommentsPermalink
‘(c) Not Eligible for Offset Credit- Activities that receive support under this part shall not be issued offset credits for the greenhouse gas emissions reductions or avoidance, or greenhouse gas sequestration, produced by such activities.’. CommentsClose CommentsPermalink
SEC. 323. INTERNATIONAL CLEAN ENERGY DEPLOYMENT PROGRAM.
(a) Purposes- The purposes of this section are-- CommentsClose CommentsPermalink
(1) to assist developing countries in activities that reduce, sequester, or avoid greenhouse gas emissions; CommentsClose CommentsPermalink
(2) to encourage those countries to shift toward low-carbon development, and promote a successful global agreement under the United Nations Framework Convention on Climate Change, done at New York on May 9, 1992 (or a successor agreement) (referred to in this subtitle as the ‘Convention’); and CommentsClose CommentsPermalink
(3) to promote robust compliance with and enforcement of existing international legal requirements for the protection of intellectual property rights. CommentsClose CommentsPermalink
(b) Establishment of International Clean Energy Deployment Program- CommentsClose CommentsPermalink
(1) ESTABLISHMENT- The Secretary of State, in consultation with an interagency group designated by the President, shall establish an International Clean Energy Deployment Program in accordance with this section. CommentsClose CommentsPermalink
(2) DISTRIBUTION OF ASSISTANCE- The Secretary of State, or the head of such other Federal agency as the President may designate, shall direct the distribution of funding to carry out the Clean Energy Technology Program-- CommentsClose CommentsPermalink
(A) in the form of bilateral assistance; CommentsClose CommentsPermalink
(B) to multilateral funds or international institutions pursuant to the Convention or an agreement negotiated under the Convention; or CommentsClose CommentsPermalink
(C) through a combination of the mechanisms identified under subparagraphs (A) and (B). CommentsClose CommentsPermalink
(c) Determination of Qualifying Activities- Assistance under this subtitle may be provided only to qualifying entities for clean technology activities (including building relevant technical and institutional capacity) that contribute to substantial, measurable, reportable, and verifiable reductions, sequestration, or avoidance of greenhouse gas emissions. CommentsClose CommentsPermalink
SEC. 324. INTERNATIONAL CLIMATE CHANGE ADAPTATION AND GLOBAL SECURITY PROGRAM.
(a) Purposes- The purposes of this section are-- CommentsClose CommentsPermalink
(1) to provide assistance to the most vulnerable developing countries, particularly to the most vulnerable communities and populations in those countries; and CommentsClose CommentsPermalink
(2) to support the development and implementation of climate change adaptation programs in a way that protects and promotes interests of the United States, to the extent those interests may be advanced by minimizing, averting, or increasing resilience to climate change impacts. CommentsClose CommentsPermalink
(b) International Climate Change Adaptation and Global Security Program- CommentsClose CommentsPermalink
(1) ESTABLISHMENT- The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, the Secretary of the Treasury, and the Administrator, shall establish an International Climate Change Adaptation and Global Security Program in accordance with this section. CommentsClose CommentsPermalink
(2) DISTRIBUTION OF ASSISTANCE- The Secretary of State, or the head of such other Federal agency as the President may designate, after consultation with the Secretary of the Treasury, the Administrator of the United States Agency for International Development, and the Administrator, shall direct the distribution of funding to carry out the International Climate Change Adaptation and Global Security Program-- CommentsClose CommentsPermalink
(A) in the form of bilateral assistance; CommentsClose CommentsPermalink
(B) to multilateral funds or international institutions pursuant to the Convention or an agreement negotiated under the Convention; or CommentsClose CommentsPermalink
(C) through a combination of the mechanisms identified under subparagraphs (A) and (B). CommentsClose CommentsPermalink
SEC. 325. EVALUATION AND REPORTS.
(a) Monitoring, Evaluation, and Enforcement- The Board shall establish and implement a system to monitor and evaluate the effectiveness and efficiency of assistance provided under this subtitle by including evaluation criteria, such as performance indicators. CommentsClose CommentsPermalink
(b) Reports and Review- CommentsClose CommentsPermalink
(1) ANNUAL REPORT- Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Board shall submit to the appropriate committees of Congress a report that describes-- CommentsClose CommentsPermalink
(A) the steps Federal agencies have taken, and the progress made, toward accomplishing the objectives of this section; and CommentsClose CommentsPermalink
(B) the ramifications of any potentially destabilizing impacts climate change may have on the interests of the United States. CommentsClose CommentsPermalink
(2) REVIEWS- Not later than 3 years after the date of enactment of this Act, and triennially thereafter, the Board, in cooperation with the National Academy of Sciences and other appropriate research and development institutions, shall-- CommentsClose CommentsPermalink
(A) review the global needs and opportunities for climate change investment in developing countries; and CommentsClose CommentsPermalink
(B) submit to Congress a report that describes the findings of the review. CommentsClose CommentsPermalink
SEC. 326. REPORT ON CLIMATE ACTIONS OF MAJOR ECONOMIES.
(a) In General- The Secretary of State, in cooperation with the Board, shall prepare an interagency report on climate change and energy policy of the 5 countries that, of the countries that are not members of the Organisation for Economic Co-Operation and Development, emit the greatest annual quantity of greenhouse gases. CommentsClose CommentsPermalink
(b) Purposes- The purposes of the report shall be-- CommentsClose CommentsPermalink
(1) to provide to Congress and the public of the United States-- CommentsClose CommentsPermalink
(A) a better understanding of the actions the countries described in subsection (a) are taking to reduce greenhouse gas emissions; and CommentsClose CommentsPermalink
(B) an assessment of the climate change and energy policy commitments and actions of those countries; and CommentsClose CommentsPermalink
(2) to identify the means by which the United States can assist those countries in achieving such a reduction. CommentsClose CommentsPermalink
(c) Submission to Congress- Not later than 15 months after the date of enactment of this Act, the Secretary of State shall submit to the appropriate committees of Congress the report prepared under this section. CommentsClose CommentsPermalink
Subtitle C--Adapting to Climate Change
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Subtitle C--Adapting to Climate Change CommentsClose CommentsPermalink
PART 1--DOMESTIC ADAPTATION
Subpart A--National Climate Change Adaptation Program
SEC. 341. NATIONAL CLIMATE CHANGE ADAPTATION PROGRAM.
The President shall establish within the United States Global Change Research Program a National Climate Change Adaptation Program for the purpose of increasing the overall effectiveness of Federal climate change adaptation efforts. CommentsClose CommentsPermalink
SEC. 342. CLIMATE SERVICES.
The Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration (NOAA), shall establish within NOAA a National Climate Service to develop climate information, data, forecasts, and warnings at national and regional scales, and to distribute information related to climate impacts to State, local, and tribal governments and the public to facilitate the development and implementation of strategies to reduce society’s vulnerability to climate variability and change. CommentsClose CommentsPermalink
Subpart B--Public Health and Climate Change
SEC. 351. SENSE OF CONGRESS ON PUBLIC HEALTH AND CLIMATE CHANGE.
It is the sense of the Congress that the Federal Government, in cooperation with international, State, tribal, and local governments, Indian tribes, concerned public and private organizations, and citizens, should use all practicable means and measures-- CommentsClose CommentsPermalink
(1) to assist the efforts of public health and health care professionals, first responders, States, Indian tribes, municipalities, and local communities to incorporate measures to prepare health systems to respond to the impacts of climate change; CommentsClose CommentsPermalink
(2) to ensure-- CommentsClose CommentsPermalink
(A) that the Nation’s health professionals have sufficient information to prepare for and respond to the adverse health impacts of climate change; CommentsClose CommentsPermalink
(B) the utility and value of scientific research in advancing understanding of-- CommentsClose CommentsPermalink
(i) the health impacts of climate change; and CommentsClose CommentsPermalink
(ii) strategies to prepare for and respond to the health impacts of climate change; CommentsClose CommentsPermalink
(C) the identification of communities vulnerable to the health effects of climate change and the development of strategic response plans to be carried out by health professionals for those communities; CommentsClose CommentsPermalink
(D) the improvement of health status and health equity through efforts to prepare for and respond to climate change; and CommentsClose CommentsPermalink
(E) the inclusion of health policy in the development of climate change responses; CommentsClose CommentsPermalink
(3) to encourage further research, interdisciplinary partnership, and collaboration among stakeholders in order to-- CommentsClose CommentsPermalink
(A) understand and monitor the health impacts of climate change; and CommentsClose CommentsPermalink
(B) improve public health knowledge and response strategies to climate change; CommentsClose CommentsPermalink
(4) to enhance preparedness activities, and public health infrastructure, relating to climate change and health; CommentsClose CommentsPermalink
(5) to encourage each and every American to learn about the impacts of climate change on health; and CommentsClose CommentsPermalink
(6) to assist the efforts of developing nations to incorporate measures to prepare health systems to respond to the impacts of climate change. CommentsClose CommentsPermalink
SEC. 352. RELATIONSHIP TO OTHER LAWS.
Nothing in this subpart in any manner limits the authority provided to or responsibility conferred on any Federal department or agency by any provision of any law (including regulations) or authorizes any violation of any provision of any law (including regulations), including any health, energy, environmental, transportation, or any other law or regulation. CommentsClose CommentsPermalink
SEC. 353. NATIONAL STRATEGIC ACTION PLAN.
(a) Requirement- CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of Health and Human Services, within 2 years after the date of the enactment of this Act, on the basis of the best available science, and in consultation pursuant to paragraph (2), shall publish a strategic action plan to assist health professionals in preparing for and responding to the impacts of climate change on public health in the United States and other nations, particularly developing nations. CommentsClose CommentsPermalink
(2) CONSULTATION- In developing or making any revision to the national strategic action plan, the Secretary shall-- CommentsClose CommentsPermalink
(A) consult with the Director of the Centers for Disease Control and Prevention, the Administrator of the Environmental Protection Agency, the Director of the National Institutes of Health, the Director of the Indian Health Service, the Secretary of Energy, other appropriate Federal agencies, Indian tribes, State and local governments, public health organizations, scientists, and other interested stakeholders; and CommentsClose CommentsPermalink
(B) provide opportunity for public input. CommentsClose CommentsPermalink
(b) Contents- CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall assist health professionals in preparing for and responding effectively and efficiently to the health effects of climate change through measures including-- CommentsClose CommentsPermalink
(A) developing, improving, integrating, and maintaining domestic and international disease surveillance systems and monitoring capacity to respond to health-related effects of climate change, including on topics addressing-- CommentsClose CommentsPermalink
(i) water, food, and vector borne infectious diseases and climate change; CommentsClose CommentsPermalink
(ii) pulmonary effects, including responses to aeroallergens; CommentsClose CommentsPermalink
(iii) cardiovascular effects, including impacts of temperature extremes; CommentsClose CommentsPermalink
(iv) air pollution health effects, including heightened sensitivity to air pollution; CommentsClose CommentsPermalink
(v) hazardous algal blooms; CommentsClose CommentsPermalink
(vi) mental and behavioral health impacts of climate change; CommentsClose CommentsPermalink
(vii) the health of refugees, displaced persons, and vulnerable communities; CommentsClose CommentsPermalink
(viii) the implications for communities vulnerable to health effects of climate change, as well as strategies for responding to climate change within these communities; and CommentsClose CommentsPermalink
(ix) local and community-based health interventions for climate-related health impacts; CommentsClose CommentsPermalink
(B) creating tools for predicting and monitoring the public health effects of climate change on the international, national, regional, State, tribal, and local levels, and providing technical support to assist in their implementation; CommentsClose CommentsPermalink
(C) developing public health communications strategies and interventions for extreme weather events and disaster response situations; CommentsClose CommentsPermalink
(D) identifying and prioritizing communities and populations vulnerable to the health effects of climate change, and determining actions and communication strategies that should be taken to inform and protect these communities and populations from the health effects of climate change; CommentsClose CommentsPermalink
(E) developing health communication, public education, and outreach programs aimed at public health and health care professionals, as well as the general public, to promote preparedness and response strategies relating to climate change and public health, including the identification of greenhouse gas reduction behaviors that are health-promoting; and CommentsClose CommentsPermalink
(F) developing academic and regional centers of excellence devoted to-- CommentsClose CommentsPermalink
(i) researching relationships between climate change and health; CommentsClose CommentsPermalink
(ii) expanding and training the public health workforce to strengthen the capacity of such workforce to respond to and prepare for the health effects of climate change; CommentsClose CommentsPermalink
(iii) creating and supporting academic fellowships focusing on the health effects of climate change; and CommentsClose CommentsPermalink
(iv) training senior health ministry officials from developing nations to strengthen the capacity of such nations to-- CommentsClose CommentsPermalink
(I) prepare for and respond to the health effects of climate change; and CommentsClose CommentsPermalink
(II) build an international network of public health professionals with the necessary climate change knowledge base; CommentsClose CommentsPermalink
(G) using techniques, including health impact assessments, to assess various climate change public health preparedness and response strategies on international, national, State, regional, tribal, and local levels, and make recommendations as to those strategies that best protect the public health; CommentsClose CommentsPermalink
(H)(i) assisting in the development, implementation, and support of State, regional, tribal, and local preparedness, communication, and response plans (including with respect to the health departments of such entities) to anticipate and reduce the health threats of climate change; and CommentsClose CommentsPermalink
(ii) pursuing collaborative efforts to develop, integrate, and implement such plans; CommentsClose CommentsPermalink
(I) creating a program to advance research as it relates to the effects of climate change on public health across Federal agencies, including research to-- CommentsClose CommentsPermalink
(i) identify and assess climate change health effects preparedness and response strategies; CommentsClose CommentsPermalink
(ii) prioritize critical public health infrastructure projects related to potential climate change impacts that affect public health; and CommentsClose CommentsPermalink
(iii) coordinate preparedness for climate change health impacts, including the development of modeling and forecasting tools; CommentsClose CommentsPermalink
(J) providing technical assistance for the development, implementation, and support of preparedness and response plans to anticipate and reduce the health threats of climate change in developing nations; and CommentsClose CommentsPermalink
(K) carrying out other activities determined appropriate by the Secretary to plan for and respond to the impacts of climate change on public health. CommentsClose CommentsPermalink
(c) Revision- The Secretary shall revise the national strategic action plan not later than July 1, 2014, and every 4 years thereafter, to reflect new information collected pursuant to implementation of the national strategic action plan and otherwise, including information on-- CommentsClose CommentsPermalink
(1) the status of critical environmental health parameters and related human health impacts; CommentsClose CommentsPermalink
(2) the impacts of climate change on public health; and CommentsClose CommentsPermalink
(3) advances in the development of strategies for preparing for and responding to the impacts of climate change on public health. CommentsClose CommentsPermalink
(d) Implementation- CommentsClose CommentsPermalink
(1) IMPLEMENTATION THROUGH HHS- The Secretary shall exercise the Secretary’s authority under this subpart and other provisions of Federal law to achieve the goals and measures of the national strategic action plan. CommentsClose CommentsPermalink
(2) OTHER PUBLIC HEALTH PROGRAMS AND INITIATIVES- The Secretary and Federal officials of other relevant Federal agencies shall administer public health programs and initiatives authorized by provisions of law other than this subpart, subject to the requirements of such statutes, in a manner designed to achieve the goals of the national strategic action plan. CommentsClose CommentsPermalink
(3) SPECIFIC ACTIVITIES- In furtherance of the national strategic action plan, the Secretary shall-- CommentsClose CommentsPermalink
(A) conduct scientific research to assist health professionals in preparing for and responding to the impacts of climate change on public health; and CommentsClose CommentsPermalink
(B) provide funding for-- CommentsClose CommentsPermalink
(i) research on the health effects of climate change; and CommentsClose CommentsPermalink
(ii) preparedness planning on the international, national, State, tribal, regional, and local levels to respond to or reduce the burden of health effects of climate change; and CommentsClose CommentsPermalink
(C) carry out other activities determined appropriate by the Secretary to prepare for and respond to the impacts of climate change on public health. CommentsClose CommentsPermalink
SEC. 354. ADVISORY BOARD.
(a) Establishment- The Secretary shall establish a permanent science advisory board comprised of not less than 10 and not more than 20 members. CommentsClose CommentsPermalink
(b) Appointment of Members- The Secretary shall appoint the members of the science advisory board from among individuals-- CommentsClose CommentsPermalink
(1) who have expertise in public health and human services, climate change, and other relevant disciplines; and CommentsClose CommentsPermalink
(2) at least 1/2 of whom are recommended by the President of the National Academy of Sciences. CommentsClose CommentsPermalink
(c) Functions- The science advisory board shall-- CommentsClose CommentsPermalink
(1) provide scientific and technical advice and recommendations to the Secretary on the domestic and international impacts of climate change on public health, populations and regions particularly vulnerable to the effects of climate change, and strategies and mechanisms to prepare for and respond to the impacts of climate change on public health; and CommentsClose CommentsPermalink
(2) advise the Secretary regarding the best science available for purposes of issuing the national strategic action plan. CommentsClose CommentsPermalink
SEC. 355. REPORTS.
(a) Needs Assessment- CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall seek to enter into, by not later than 6 months after the date of the enactment of this Act, an agreement with the National Research Council and the Institute of Medicine to complete a report that-- CommentsClose CommentsPermalink
(A) assesses the needs for health professionals to prepare for and respond to climate change impacts on public health; and CommentsClose CommentsPermalink
(B) recommends programs to meet those needs. CommentsClose CommentsPermalink
(2) SUBMISSION- The agreement under paragraph (1) shall require the completed report to be submitted to the Congress and the Secretary and made publicly available not later than 1 year after the date of the agreement. CommentsClose CommentsPermalink
(b) Climate Change Health Protection and Promotion Reports- CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary, in consultation with the advisory board established under section 354, shall ensure the issuance of reports to aid health professionals in preparing for and responding to the adverse health effects of climate change that-- CommentsClose CommentsPermalink
(A) review scientific developments on health impacts of climate change; and CommentsClose CommentsPermalink
(B) recommend changes to the national strategic action plan. CommentsClose CommentsPermalink
(2) SUBMISSION- The Secretary shall submit the reports required by paragraph (1) to the Congress and make such reports publicly available not later than July 1, 2013, and every 4 years thereafter. CommentsClose CommentsPermalink
SEC. 356. DEFINITIONS.
In this subpart: CommentsClose CommentsPermalink
(1) HEALTH IMPACT ASSESSMENT- The term ‘health impact assessment’ means a combination of procedures, methods, and tools by which a policy, program, or project may be judged as to its potential effects on the health of a population, and the distribution of those effects within the population. CommentsClose CommentsPermalink
(2) NATIONAL STRATEGIC ACTION PLAN- The term ‘national strategic action plan’ means the plan issued and revised under section 353. CommentsClose CommentsPermalink
(3) SECRETARY- Unless otherwise specified, the term ‘Secretary’ means the Secretary of Health and Human Services. CommentsClose CommentsPermalink
Subpart C--Climate Change Safeguards for Natural Resources Conservation
SEC. 361. PURPOSES.
The purposes of this subpart are-- CommentsClose CommentsPermalink
(1) to establish an integrated Federal program that responds to ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire, by protecting, restoring, and conserving the natural resources of the United States; and CommentsClose CommentsPermalink
(2) to provide financial support and incentives for programs, strategies, and activities that respond to threats of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire, by protecting, restoring, and conserving the natural resources of the United States. CommentsClose CommentsPermalink
SEC. 362. NATURAL RESOURCES CLIMATE CHANGE ADAPTATION POLICY.
It is the policy of the Federal Government, in cooperation with State and local governments, Indian tribes, and other interested stakeholders, to use all practicable means to protect, restore, and conserve natural resources so that natural resources become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire. CommentsClose CommentsPermalink
SEC. 363. DEFINITIONS.
In this subpart: CommentsClose CommentsPermalink
(1) ACCOUNT- The term ‘Account’ means the Natural Resources Climate Change Adaption Account established by section 370(a). CommentsClose CommentsPermalink
(2) ADMINISTRATORS- The term ‘Administrators’ means-- CommentsClose CommentsPermalink
(A) the Administrator of the National Oceanic and Atmospheric Administration; and CommentsClose CommentsPermalink
(B) the Director of the United States Geological Survey. CommentsClose CommentsPermalink
(3) BOARD- The term ‘Board’ means the Science Advisory Board established by section 367(f)(1). CommentsClose CommentsPermalink
(4) CENTER- The term ‘Center’ means the National Climate Change and Wildlife Science Center described by section 367(e)(1). CommentsClose CommentsPermalink
(5) COASTAL STATE- The term ‘coastal State’ has the meaning given the term ‘coastal state’ in section 304 of the Coastal Zone Management Act of 1972 (
(6) CORRIDORS- The term ‘corridors’ means areas that-- CommentsClose CommentsPermalink
(A) provide connectivity, over different time scales, of habitats or potential habitats; and CommentsClose CommentsPermalink
(B) facilitate terrestrial, marine, estuarine, and freshwater fish, wildlife, or plant movement necessary for migration, gene flow, or dispersal, or to respond to the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire. CommentsClose CommentsPermalink
(7) ECOLOGICAL PROCESSES- The term ‘ecological processes’ means biological, chemical, or physical interaction between the biotic and abiotic components of an ecosystem, including-- CommentsClose CommentsPermalink
(A) nutrient cycling; CommentsClose CommentsPermalink
(B) pollination; CommentsClose CommentsPermalink
(C) predator-prey relationships; CommentsClose CommentsPermalink
(D) soil formation; CommentsClose CommentsPermalink
(E) gene flow; CommentsClose CommentsPermalink
(F) disease epizootiology; CommentsClose CommentsPermalink
(G) larval dispersal and settlement; CommentsClose CommentsPermalink
(H) hydrological cycling; CommentsClose CommentsPermalink
(I) decomposition; and CommentsClose CommentsPermalink
(J) disturbance regimes, such as fire and flooding. CommentsClose CommentsPermalink
(8) HABITAT- The term ‘habitat’ means the physical, chemical, and biological properties that fish, wildlife, or plants use for growth, reproduction, survival, food, water, or cover (whether on land, in water, or in an area or region). CommentsClose CommentsPermalink
(9) INDIAN TRIBE- The term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (
(10) NATURAL RESOURCES- The term ‘natural resources’ means land, wildlife, fish, air, water, estuarieswildlife, plants, habitats, and terrestrial, freshwater, estuarine, and marine ecosystems of the United States. CommentsClose CommentsPermalink
(11) NATURAL RESOURCES ADAPTATION- The term ‘natural resources adaptation’ means the protection, restoration, and conservation of natural resources so that natural resources become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire. CommentsClose CommentsPermalink
(12) PANEL- The term ‘Panel’ means the Natural Resources Climate Change Adaptation Panel established under section 365(a). CommentsClose CommentsPermalink
(13) RESILIENCE; RESILIENT- The terms ‘resilience’ and ‘resilient’ mean-- CommentsClose CommentsPermalink
(A) the ability to resist or recover from disturbance; and CommentsClose CommentsPermalink
(B) the ability to preserve diversity, productivity, and sustainability. CommentsClose CommentsPermalink
(14) STATE- The term ‘State’ means-- CommentsClose CommentsPermalink
(A) a State of the United States; CommentsClose CommentsPermalink
(B) the District of Columbia; CommentsClose CommentsPermalink
(C) American Samoa; CommentsClose CommentsPermalink
(D) Guam; CommentsClose CommentsPermalink
(E) the Commonwealth of the Northern Mariana Islands; CommentsClose CommentsPermalink
(F) the Commonwealth of Puerto Rico; and CommentsClose CommentsPermalink
(G) the United States Virgin Islands. CommentsClose CommentsPermalink
(15) STRATEGY- The term ‘Strategy’ means the Natural Resources Climate Change Adaptation Strategy developed under section 366(a). CommentsClose CommentsPermalink
SEC. 364. COUNCIL ON ENVIRONMENTAL QUALITY.
The Chair of the Council on Environmental Quality shall-- CommentsClose CommentsPermalink
(1) advise the President on implementing and developing-- CommentsClose CommentsPermalink
(A) the Strategy; and CommentsClose CommentsPermalink
(B) the Federal natural resource agency adaptation plans required by section 368; CommentsClose CommentsPermalink
(2) serve as the Chair of the Panel established under section 365; and CommentsClose CommentsPermalink
(3) coordinate Federal agency strategies, plans, programs, and activities relating to protecting, restoring, and maintaining natural resources so that natural resources become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change. CommentsClose CommentsPermalink
SEC. 365. NATURAL RESOURCES CLIMATE CHANGE ADAPTATION PANEL.
(a) Establishment- Not later than 90 days after the date of enactment of this Act, the President shall establish a Natural Resources Climate Change Adaptation Panel. CommentsClose CommentsPermalink
(b) Duties- The Panel shall serve as a forum for interagency consultation on, and the coordination of, the development and implementation of the Strategy. CommentsClose CommentsPermalink
(c) Membership- The Panel shall be composed of-- CommentsClose CommentsPermalink
(1) the Administrator of the National Oceanic and Atmospheric Administration (or a designee); CommentsClose CommentsPermalink
(2) the Chief of the Forest Service (or a designee); CommentsClose CommentsPermalink
(3) the Director of the National Park Service (or a designee); CommentsClose CommentsPermalink
(4) the Director of the United States Fish and Wildlife Service (or a designee); CommentsClose CommentsPermalink
(5) the Director of the Bureau of Land Management (or a designee); CommentsClose CommentsPermalink
(6) the Director of the United States Geological Survey (or a designee); CommentsClose CommentsPermalink
(7) the Commissioner of Reclamation (or a designee); and CommentsClose CommentsPermalink
(8) the Director of the Bureau of Indian Affairs (or a designee); CommentsClose CommentsPermalink
(9) the Administrator of the Environmental Protection Agency (or a designee); CommentsClose CommentsPermalink
(10) the Chief of Engineers (or a designee); CommentsClose CommentsPermalink
(11) the Chair of the Council on Environmental Quality (or a designee); CommentsClose CommentsPermalink
(12) the Administrator of the Federal Emergency Management Agency (or a designee); and CommentsClose CommentsPermalink
(13) the heads of such other Federal agencies or departments with jurisdiction over natural resources of the United States, as determined by the President. CommentsClose CommentsPermalink
(d) Chairperson- The Chair of the Council on Environmental Quality shall serve as the Chairperson of the Panel. CommentsClose CommentsPermalink
SEC. 366. NATURAL RESOURCES CLIMATE CHANGE ADAPTATION STRATEGY.
(a) In General- Not later than 1 year after the date of enactment of this Act, the Panel shall develop a Natural Resources Climate Change Adaptation Strategy-- CommentsClose CommentsPermalink
(1) to protect, restore, and conserve natural resources so that natural resources become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change; and CommentsClose CommentsPermalink
(2) to identify opportunities to mitigate the ongoing and expected impacts of climate change. CommentsClose CommentsPermalink
(b) Development- In developing and revising the Strategy, the Panel shall-- CommentsClose CommentsPermalink
(1) base the strategy on the best available science; CommentsClose CommentsPermalink
(2) develop the strategy in close cooperation with States and Indian tribes; CommentsClose CommentsPermalink
(3) coordinate with other Federal agencies, as appropriate; CommentsClose CommentsPermalink
(4) consult with local governments, conservation organizations, scientists, and other interested stakeholders; and CommentsClose CommentsPermalink
(5) provide public notice and opportunity for comment. CommentsClose CommentsPermalink
(c) Revision- After the Panel adopts the initial Strategy, the Panel shall review and revise the Strategy every 5 years to incorporate-- CommentsClose CommentsPermalink
(1) new information regarding the ongoing and expected impacts of climate change on natural resources; and CommentsClose CommentsPermalink
(2) new advances in the development of strategies that make natural resources more resilient or able to adapt to the ongoing and expected impacts of climate change. CommentsClose CommentsPermalink
(d) Contents- The Strategy shall-- CommentsClose CommentsPermalink
(1) assess the vulnerability of natural resources to climate change, including short-term, medium-term, long-term, cumulative, and synergistic impacts; CommentsClose CommentsPermalink
(2) describe current research, observation, and monitoring activities at the Federal, State, tribal, and local level related to the ongoing and expected impacts of climate change on natural resources; CommentsClose CommentsPermalink
(3) identify and prioritize research and data needs; CommentsClose CommentsPermalink
(4) identify natural resources likely to have the greatest need for protection, restoration, and conservation due to the ongoing and expanding impacts of climate change; CommentsClose CommentsPermalink
(5) include specific protocols for integrating natural resources adaptation strategies and activities into the conservation and management of natural resources by Federal departments and agencies to ensure consistency across agency jurisdictions; CommentsClose CommentsPermalink
(6) include specific actions that Federal departments and agencies shall take to protect, conserve, and restore natural resources to become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change, including a timeline to implement those actions; CommentsClose CommentsPermalink
(7) include specific mechanisms for ensuring communication and coordination-- CommentsClose CommentsPermalink
(A) among Federal departments and agencies; and CommentsClose CommentsPermalink
(B) between Federal departments and agencies and State natural resource agencies, United States territories, Indian tribes, private landowners, conservation organizations, and other countries that share jurisdiction over natural resources with the United States; CommentsClose CommentsPermalink
(8) include specific actions to develop and implement consistent natural resources inventory and monitoring protocols through interagency coordination and collaboration; and CommentsClose CommentsPermalink
(9) include procedures for guiding the development of detailed agency- and department-specific adaptation plans required under section 368. CommentsClose CommentsPermalink
(e) Implementation- Consistent with other laws and Federal trust responsibilities concerning Indian landland of Indian tribes, each Federal department or agency represented on the Panel shall integrate the elements of the Strategy that relate to conservation, restoration, and management of natural resources into agency plans, environmental reviews, programs, and activities. CommentsClose CommentsPermalink
SEC. 367. NATURAL RESOURCES ADAPTATION SCIENCE AND INFORMATION.
(a) Coordination- Not later than 90 days after the date of enactment of this Act, the Administrators shall establish coordinated procedures for developing and providing science and information necessary to address the ongoing and expected impacts of climate change on natural resources. CommentsClose CommentsPermalink
(b) Oversight- The National Climate Change and Wildlife Science Center established under subsection (e) and the National Climate Service of the National Oceanic and Atmospheric Administration shall oversee development of the procedures. CommentsClose CommentsPermalink
(c) Functions- The Administrators shall-- CommentsClose CommentsPermalink
(1) ensure that the procedures required under subsection (a) avoid duplication; and CommentsClose CommentsPermalink
(2) ensure that the National Oceanic and Atmospheric Administration and the United States Geological Survey-- CommentsClose CommentsPermalink
(A) provide technical assistance to Federal departments and agencies, State and local governments, Indian tribes, and interested private landowners that are pursuing the goals of addressing the ongoing and expected impacts of climate change on natural resources; CommentsClose CommentsPermalink
(B) conduct and sponsor research to develop strategies that increase the ability of natural resources to become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change; CommentsClose CommentsPermalink
(C) provide Federal departments and agencies, State and local governments, Indian tribes, and interested private landowners with research products, decision and monitoring tools, and information to develop strategies that increase the ability of natural resources to become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change; and CommentsClose CommentsPermalink
(D) assist Federal departments and agencies in the development of adaptation plans required by section 368. CommentsClose CommentsPermalink
(d) Survey- Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, the Secretary of Commerce and the Secretary of the Interior shall conduct a climate change impact survey that-- CommentsClose CommentsPermalink
(1) identifies natural resources considered likely to be adversely affected by climate change; CommentsClose CommentsPermalink
(2) includes baseline monitoring and ongoing trend analysis; CommentsClose CommentsPermalink
(3) with input from stakeholders, identifies and prioritizes necessary monitoring and research that is most relevant to the needs of natural resource managers to address the ongoing and expected impacts of climate change and to promote resilience; and CommentsClose CommentsPermalink
(4) identifies the decision tools necessary to develop strategies that increase the ability of natural resources to become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change. CommentsClose CommentsPermalink
(e) National Climate Change and Wildlife Science Center- CommentsClose CommentsPermalink
(1) ESTABLISHMENT- The Secretary of the Interior shall establish the National Climate Change and Wildlife Science Center within the United States Geological Survey. CommentsClose CommentsPermalink
(2) FUNCTIONS- In collaboration with Federal and State natural resources agencies and departments, Indian tribes, universities, and other partner organizations, the Center shall-- CommentsClose CommentsPermalink
(A) assess and synthesize current physical and biological knowledge; CommentsClose CommentsPermalink
(B) prioritize scientific gaps in such knowledge in order to forecast the ecological impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire on fish and wildlife at the ecosystem, habitat, community, population, and species levels; CommentsClose CommentsPermalink
(C) develop and improve tools to identify, evaluate, and link scientific approaches and models that forecast the impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire on fish, wildlife, plants, and associated habitats, including-- CommentsClose CommentsPermalink
(i) monitoring; CommentsClose CommentsPermalink
(ii) predictive models; CommentsClose CommentsPermalink
(iii) vulnerability analyses; CommentsClose CommentsPermalink
(iv) risk assessments; and CommentsClose CommentsPermalink
(v) decision support systems that help managers make informed decisions; CommentsClose CommentsPermalink
(D) develop and evaluate tools to adaptively manage and monitor the effects of climate change (including tools for the collection of data) on fish and wildlife on the national, regional, and local level; and CommentsClose CommentsPermalink
(E) develop capacities for sharing standardized data and the synthesis of the data described in subparagraph (D). CommentsClose CommentsPermalink
(f) Science Advisory Board- CommentsClose CommentsPermalink
(1) ESTABLISHMENT- Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce and the Secretary of the Interior shall establish and appoint the members of the Science Advisory Board. CommentsClose CommentsPermalink
(2) MEMBERSHIP- The Board shall be comprised of not fewer than 10 and not more than 20 members-- CommentsClose CommentsPermalink
(A) who have expertise in fish, wildlife, plant, aquatic, and coastal and marine biology, ecology, climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire, and other relevant scientific disciplines; CommentsClose CommentsPermalink
(B) who represent a balanced membership among Federal, State, tribal, and local representatives, universities, and conservation organizations; and CommentsClose CommentsPermalink
(C) at least 1/2 of whom are recommended by the President of the National Academy of Sciences. CommentsClose CommentsPermalink
(3) DUTIES- The Board shall-- CommentsClose CommentsPermalink
(A) advise the Secretary of Commerce and the Secretary of the Interior on the state of the science regarding-- CommentsClose CommentsPermalink
(i) the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire on natural resources; and CommentsClose CommentsPermalink
(ii) scientific strategies and mechanisms for protecting, restoring, and conserving natural resources so natural resources become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire; and CommentsClose CommentsPermalink
(B) identify and recommend priorities for ongoing research needs on the issues described in subparagraph (A). CommentsClose CommentsPermalink
(4) COLLABORATION- The Board shall collaborate with climate change and ecosystem research entities in other Federal agencies and departments. CommentsClose CommentsPermalink
(5) AVAILABILITY TO PUBLIC- The advice and recommendations of the Board shall be made available to the public. CommentsClose CommentsPermalink
SEC. 368. FEDERAL NATURAL RESOURCE AGENCY ADAPTATION PLANS.
(a) Development- Not later than 1 year after the date of development of the Strategy, each department or agency with representation on the Panel shall-- CommentsClose CommentsPermalink
(1) complete an adaptation plan for that department or agency that-- CommentsClose CommentsPermalink
(A) implements the Strategy and is consistent with the natural resources climate change adaptation policy required by section 362; CommentsClose CommentsPermalink
(B) details the ongoing and expanding actions of the department or agency, and any changes in decisionmaking processes necessary to increase the ability of resources under the jurisdiction of the department or agency and, to the maximum extent practicable, resources under the jurisdiction of other departments and agencies that may be significantly affected by decisions of the department or agency, to become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire; and CommentsClose CommentsPermalink
(C) includes a timeline for implementation; CommentsClose CommentsPermalink
(2) provide opportunities for public review and comment on the adaptation plan, and in the case of a plan by the Bureau of Indian Affairs, review by Indian tribes; and CommentsClose CommentsPermalink
(3) submit the plan to the President for approval. CommentsClose CommentsPermalink
(b) Review by President and Submission to Congress- CommentsClose CommentsPermalink
(1) REVIEW BY PRESIDENT- The President shall-- CommentsClose CommentsPermalink
(A) approve an adaptation plan submitted under subsection (a)(3) if the plan meets the requirements of subsection (c) and is consistent with the Strategy; and CommentsClose CommentsPermalink
(B) decide whether to approve the plan within 60 days of submission. CommentsClose CommentsPermalink
(2) DISAPPROVAL- If the President disapproves an adaptation plan, the President shall direct the department or agency to submit a revised plan within 60 days of that disapproval. CommentsClose CommentsPermalink
(3) SUBMISSION TO CONGRESS- Not later than 30 days after the date of approval of an adaptation plan by the President, the department or agency shall submit the plan to-- CommentsClose CommentsPermalink
(A) the Committee on Natural Resources of the House of Representatives; CommentsClose CommentsPermalink
(B) the Committee on Energy and Natural Resources of the Senate; CommentsClose CommentsPermalink
(C) the Committee on Environment and Public Works of the Senate; and CommentsClose CommentsPermalink
(D) any other committees of the House of Representatives or the Senate with principal jurisdiction over the department or agency. CommentsClose CommentsPermalink
(c) Requirements- Each adaptation plan shall-- CommentsClose CommentsPermalink
(1) establish programs for assessing the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire on natural resources under the jurisdiction of the department or agency preparing the plan, including-- CommentsClose CommentsPermalink
(A) assessment of cumulative and synergistic effects; and CommentsClose CommentsPermalink
(B) programs that identify and monitor natural resources likely to be adversely affected and that have need for conservation; CommentsClose CommentsPermalink
(2) identify and prioritize-- CommentsClose CommentsPermalink
(A) the strategies of the department or agency preparing the plan; CommentsClose CommentsPermalink
(B) the specific conservation actions that address the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire on natural resources under jurisdiction of the department or agency preparing the plan; CommentsClose CommentsPermalink
(C) strategies to protect, restore, and conserve such resources to become more resilient, adapt to, and better withstand those impacts, including-- CommentsClose CommentsPermalink
(i) protection, restoration, and conservation of terrestrial, marine, estuarine, and freshwater habitats and ecosystems; CommentsClose CommentsPermalink
(ii) establishment of terrestrial, marine, estuarine, and freshwater habitat linkages and corridors; CommentsClose CommentsPermalink
(iii) restoration and conservation of ecological processes; CommentsClose CommentsPermalink
(iv) protection of a broad diversity of native species of fish, wildlife, and plant populations across the ranges of those species; and CommentsClose CommentsPermalink
(v) protection of fish, wildlife, and plant health, recognizing that climate can alter the distribution and ecology of parasites, pathogens, and vectors; CommentsClose CommentsPermalink
(3) describe how the department or agency will-- CommentsClose CommentsPermalink
(A) integrate the strategies and conservation activities into plans, programs, activities, and actions of the department or agency relating to the conservation and management of natural resources; and CommentsClose CommentsPermalink
(B) establish new plans, programs, activities, and actions, if necessary; CommentsClose CommentsPermalink
(4) establish methods-- CommentsClose CommentsPermalink
(A) to assess the effectiveness of strategies and conservation actions the department or agency takes to protect, restore, and conserve natural resources so natural resources become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change; and CommentsClose CommentsPermalink
(B) to update those strategies and actions to respond to new information and changing conditions; CommentsClose CommentsPermalink
(5) describe current and proposed mechanisms to enhance cooperation and coordination of natural resources adaptation efforts with other Federal agencies, State and local governments, Indian tribes, and nongovernmental stakeholders; CommentsClose CommentsPermalink
(6) include written guidance to resource managers that-- CommentsClose CommentsPermalink
(A) explains how managers are expected to address the ongoing and expected effects of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire; CommentsClose CommentsPermalink
(B) identifies how managers shall obtain any necessary site-specific information; and CommentsClose CommentsPermalink
(C) reflects best practices shared among relevant agencies, but recognizes the unique missions, objectives, and responsibilities of each agency; CommentsClose CommentsPermalink
(7) identify and assess data and information gaps necessary to develop natural resources adaptation plans and strategies; and CommentsClose CommentsPermalink
(8) consider strategies that engage youth and young adults (including youth and young adults working in full-time or part-time youth service or conservation corps programs) to provide the youth and young adults with opportunities for meaningful conservation and community service and to encourage opportunities for employment in the private sector through partnerships with employers. CommentsClose CommentsPermalink
(d) Implementation- CommentsClose CommentsPermalink
(1) IN GENERAL- Upon approval by the President, each department or agency with representation on the Panel shall, consistent with existing authority, implement the adaptation plan of the department or agency through existing and new plans, policies, programs, activities, and actions. CommentsClose CommentsPermalink
(2) CONSIDERATION OF IMPACTS- (A) IN GENERAL- To the maximum extent practicable and consistent with existing authority, natural resource management decisions made by the department or agency shall--(i) consider the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, nd wildfire on natural resources; and (ii) choose alternatives that will avoid and minimize those impacts and promote resilience. (B) GUIDANCE- The Council on Environmental Quality shall provide guidance for Federal departments and agencies considering those impacts and choosing alternatives that will avoid and minimize those impacts and promote resilience.
(e) Revision and Review- Not less than every 5 years, each department or agency shall review and revise the adaptation plan of the department or agency to incorporate the best available science, and other information, regarding the ongoing and expected impacts of climate change on natural resources. CommentsClose CommentsPermalink
SEC. 369. STATE NATURAL RESOURCES ADAPTATION PLANS.
(a) Requirement- In order to be eligible for funds under section 370, not later than 1 year after the development of the Strategy, each State shall prepare a State natural resources adaptation plan detailing current and future efforts of the State to address the ongoing and expected impacts of climate change on natural resources and coastal areas within the jurisdiction of the State. CommentsClose CommentsPermalink
(b) Review or Approval- CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of the Interior and, as applicable, the Secretary of Commerce shall review each State adaptation plan, and approve the plan if the plan-- CommentsClose CommentsPermalink
(A) meets the requirements of subsection (c); and CommentsClose CommentsPermalink
(B) is consistent with the Strategy. CommentsClose CommentsPermalink
(2) APPROVAL OR DISAPPROVAL- The Secretary of the Interior and, as applicable, the Secretary of Commerce shall approve or disapprove the plan by written notice not later than 180 days after the date of submission of the plan (or a revised plan). CommentsClose CommentsPermalink
(3) RESUBMISSION- Not later than 90 days after the date of resubmission of an adaptation plan that has been disapproved under paragraph (2), the Secretary of the Interior and, as applicable, the Secretary of Commerce, shall approve or disapprove the plan by written notice. CommentsClose CommentsPermalink
(c) Contents- A State natural resources adaptation plan shall-- CommentsClose CommentsPermalink
(1) include strategies for addressing the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire on terrestrial, marine, estuarine, and freshwater fish, wildlife, plants, habitats, ecosystems, wildlife health, and ecological processes that-- CommentsClose CommentsPermalink
(A) describe the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire on the diversity and health of fish, wildlife and plant populations, habitats, ecosystems, and associated ecological processes; CommentsClose CommentsPermalink
(B) establish programs for monitoring the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire on fish, wildlife, and plant populations, habitats, ecosystems, and associated ecological processes; CommentsClose CommentsPermalink
(C) describe and prioritize proposed conservation actions that increase the ability of fish, wildlife, plant populations, habitats, ecosystems, and associated ecological processes to become more resilient, adapt to, and better withstand those impacts; CommentsClose CommentsPermalink
(D) consider strategies that engage youth and young adults (including youth and young adults working in full-time or part-time youth service or conservation corps programs) to provide the youth and young adults with opportunities for meaningful conservation and community service and to encourage opportunities for employment in the private sector through partnerships with employers; CommentsClose CommentsPermalink
(E) integrate protection and restoration of resource resilience into agency decision making and specific conservation actions; CommentsClose CommentsPermalink
(F) include a time frame for implementing conservation actions for fish, wildlife, and plant populations, habitats, ecosystems, and associated ecological processes; CommentsClose CommentsPermalink
(G) establish methods-- CommentsClose CommentsPermalink
(i) for assessing the effectiveness of strategies and conservation actions taken to increase the ability of fish, wildlife, and plant populations, habitats, ecosystems, and associated ecological processes to become more resilient, adapt to, and better withstand the ongoing and expected impacts of climate changes, including, where applicable, ocean acidification, drought, flooding, and wildfire; and CommentsClose CommentsPermalink
(ii) for updating strategies and actions to respond appropriately to new information or changing conditions; CommentsClose CommentsPermalink
(H) are incorporated into a revision of the State wildlife action plan (also known as the State comprehensive wildlife strategy) that has been-- CommentsClose CommentsPermalink
(i) submitted to the United States Fish and Wildlife Service; and CommentsClose CommentsPermalink
(ii) approved, or is pending approval, by the United States Fish and Wildlife Service; and CommentsClose CommentsPermalink
(I) are developed-- CommentsClose CommentsPermalink
(i) with the participation of the State fish and wildlife agency, the State coastal agency, the State agency responsible for administration of Land and Water Conservation Fund grants, the State Forest Legacy program coordinator, and other State agencies considered appropriate by the Governor of the State; CommentsClose CommentsPermalink
(ii) in coordination with the Secretary of the Interior, and where applicable, the Secretary of Commerce; CommentsClose CommentsPermalink
and(iii) in coordination with other States that share jurisdiction over natural resources with the State; and CommentsClose CommentsPermalink
(iv) in coordination with-- CommentsClose CommentsPermalink
(I) Indian tribes that located within the State; and CommentsClose CommentsPermalink
(II) Indian tribes having treaty rights to natural resources within the State; and CommentsClose CommentsPermalink
(2) in the case of a coastal State, include strategies for addressing the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire on a coastal zone that-- CommentsClose CommentsPermalink
(A) identify natural resources likely to be impacted by climate change, and describe the impacts; CommentsClose CommentsPermalink
(B) identify and prioritize continuing research and data collection needed to address the impacts, including-- CommentsClose CommentsPermalink
(i) acquisition of high-resolution coastal elevation and nearshore bathymetry data; CommentsClose CommentsPermalink
(ii) historic shoreline position maps, erosion rates, and inventories of shoreline features and structures; CommentsClose CommentsPermalink
(iii) measures and models of relative rates of sea level rise or lake level changes, including effects on flooding, storm surge, inundation, and coastal geological processes; CommentsClose CommentsPermalink
(iv) measures and models of habitat loss, including projected losses of coastal wetlands and potentials for inland migration of natural shoreline habitats; CommentsClose CommentsPermalink
(v) measures and models of ocean and coastal species and ecosystem migrations, and changes in species population dynamics; CommentsClose CommentsPermalink
(vi) changes in storm frequency, intensity, or rainfall patterns; CommentsClose CommentsPermalink
(vii) measures and models of saltwater intrusion into coastal rivers and aquifers; CommentsClose CommentsPermalink
(viii) changes in chemical or physical characteristics of marine and estuarine systems, including the presence, extent, and timing of hypoxic and anoxic conditions; CommentsClose CommentsPermalink
(ix) measures and models of increased harmful algal blooms; and CommentsClose CommentsPermalink
(x) measures and models of the spread of invasive species; CommentsClose CommentsPermalink
(C) identify and prioritize adaptation strategies to protect, restore, and conserve natural resources to enable natural resources to become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire, including-- CommentsClose CommentsPermalink
(i) protection, maintenance, and restoration of ecologically important coastal lands, coastal and ocean ecosystems, and species biodiversity and the establishment of habitat buffer zones, migration corridors, and climate refugia; and CommentsClose CommentsPermalink
(ii) improved planning, siting policies, hazard mitigation strategies, and State property insurance programs; CommentsClose CommentsPermalink
(D) establish programs-- CommentsClose CommentsPermalink
(i) for the long-term monitoring of the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire on the ocean and coastal zone; and CommentsClose CommentsPermalink
(ii) assess and adjust, when necessary, the adaptive management strategies; CommentsClose CommentsPermalink
(E) establish performance measures that-- CommentsClose CommentsPermalink
(i) assess the effectiveness of adaptation strategies intended to improve resilience and the ability of natural resources to adapt to and withstand the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire; CommentsClose CommentsPermalink
(ii) assess the effectiveness of adaptation strategies intended to minimize those impacts on the coastal zone; and CommentsClose CommentsPermalink
(iii) update the strategies to respond to new information or changing conditions; and CommentsClose CommentsPermalink
(F) are developed-- CommentsClose CommentsPermalink
(i) with the participation of the State coastal agency and other appropriate State agencies; and CommentsClose CommentsPermalink
(ii) in coordination with the Secretary of Commerce and other appropriate Federal agencies. CommentsClose CommentsPermalink
(d) Public Input- In developing the adaptation plan, a State shall provide for solicitation and consideration of public input and independent scientific input. CommentsClose CommentsPermalink
(e) Coordination With Other Plans- The State adaptation plan shall review research and information and, where appropriate, integrate the goals and measures set forth in other natural resources conservation strategies, including-- CommentsClose CommentsPermalink
(1) the National Fish Habitat Action Plan; CommentsClose CommentsPermalink
(2) plans under the North American Wetlands Conservation Act (
(3) the Federal, State, and local partnership known as ‘Partners in Flight’; CommentsClose CommentsPermalink
(4) federally approved coastal zone management plans under the Coastal Zone Management Act of 1972 (
(5) federally approved regional fishery management plants and habitat conservation activities under the Magnuson-Stevens Fishery Conservation and Management Act (
(6) the National Coral Reef Action Plan; CommentsClose CommentsPermalink
(7) recovery plans for threatened species and endangered species under section 4(f) of the Endangered Species Act of 1973 (
(8) habitat conservation plans under section 10 of that Act (
(9) other Federal, State, and tribal plans for imperiled species; CommentsClose CommentsPermalink
(10) State or tribal hazard mitigation plans; CommentsClose CommentsPermalink
(11) State or tribal water management plans; CommentsClose CommentsPermalink
(12) State property insurance programs; and CommentsClose CommentsPermalink
(13) other State-based strategies that comprehensively implement adaptation activities to remediate the ongoing and expected effects of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire, on terrestrial, marine, and freshwater fish, wildlife, plants, and other natural resources. CommentsClose CommentsPermalink
(f) Updating- Each State plan shall be updated at least every 5 years. CommentsClose CommentsPermalink
(g) Funding- CommentsClose CommentsPermalink
(1) IN GENERAL- Funds allocated to States under section 370 shall be used only for activities consistent with a State natural resources adaptation plan approved by the Secretary of the Interior and, as appropriate, the Secretary of Commerce. CommentsClose CommentsPermalink
(2) FUNDING PRIOR TO THE APPROVAL OF A STATE PLAN- Until the earlier of the date that is 3 years after the date of enactment of this Act or the date on which a State adaptation plan is approved, a State shall be eligible to receive funding under section 370 for adaptation activities that are-- CommentsClose CommentsPermalink
(A) consistent with the comprehensive wildlife strategy of the State and, where appropriate, other natural resources conservation strategies; and CommentsClose CommentsPermalink
(B) in accordance with a work plan developed in coordination with-- CommentsClose CommentsPermalink
(i) the Secretary of the Interior; and CommentsClose CommentsPermalink
(ii) the Secretary of Commerce. CommentsClose CommentsPermalink
(3) COASTAL STATE- In developing a work plan under paragraph (2)(B), a coastal State shall coordinate with the Secretary of Commerce only for those portions of the strategy relating to activities affecting the coastal zone. CommentsClose CommentsPermalink
(4) PENDING APPROVAL- During the period for which approval by the applicable Secretary is pending, the State may continue to receive funds under section 370 pursuant to the work plan described in paragraph (2)(B). CommentsClose CommentsPermalink
SEC. 370. NATURAL RESOURCES CLIMATE CHANGE ADAPTATION ACCOUNT.
(a) Distribution of Amounts- CommentsClose CommentsPermalink
(1) STATES- Of the amounts made available for each fiscal year to carry out this subpart, 38.5 percentThe assistance made available pursuant to section 771(a)(16) of the Clean Air Act and section 216 of division B for each fiscal year shall be provided to States to carry out natural resources adaptation activities in accordance with adaptation plans approved under section 369, and shall be distributed as follows: CommentsClose CommentsPermalink
(A) 32.584 percent shall be available to State wildlife agencies in accordance with the apportionment formula established under the second subsection (c) (relating to the apportionment of the Wildlife Conservation and Restoration Account) of section 4 of the Pittman-Robertson Wildlife Restoration Act (
(B) 16 percent shall be available to State coastal agencies pursuant to the formula established by the Secretary of Commerce under section 306(c) of the Coastal Management Act of 1972 (
(2) NATURAL RESOURCE ADAPTATION- Of the amounts made available pursuant to section 771(b)(7) of the Clean Air Act and section 212 of division B for each fiscal year to carry out this subpart-- CommentsClose CommentsPermalink
(A) 1728 percent shall be allocated to the Secretary of the Interior for use in funding-- CommentsClose CommentsPermalink
(i) natural resources adaptation activities carried out-- CommentsClose CommentsPermalink
(I) under endangered species, migratory species, and other fish and wildlife programs administered by the National Park Service, the United States Fish and Wildlife Service, the Bureau of Indian Affairs, and the Bureau of Land Management; CommentsClose CommentsPermalink
(II) on wildlife refuges, National Park Service land, and other public land under the jurisdiction of the United States Fish and Wildlife Service, the Bureau of Land Management, the Bureau of Indian Affairs, or the National Park Service; and CommentsClose CommentsPermalink
(III) within Federal water managed by the Bureau of Reclamation and the National Park Service; and CommentsClose CommentsPermalink
(ii) the implementation of the National Fish and Wildlife Habitat and Corridors Information Program required by section 371; CommentsClose CommentsPermalink
(B) 58 percent shall be allocated to the Secretary of the Interior for natural resources adaptation activities carried out under cooperative grant programs, including-- CommentsClose CommentsPermalink
(i) the cooperative endangered species conservation fund authorized under section 6 of the Endangered Species Act of 1973 (
(ii) programs under the North American Wetlands Conservation Act (
(iii) the Neotropical Migratory Bird Conservation Fund established by section 9(a) of the Neotropical Migratory Bird Conservation Act (
(iv) the Coastal Program of the United States Fish and Wildlife Service; CommentsClose CommentsPermalink
(v) the National Fish Habitat Action Plan; CommentsClose CommentsPermalink
(vi) the Partners for Fish and Wildlife Program; CommentsClose CommentsPermalink
(vii) the Landowner Incentive Program; CommentsClose CommentsPermalink
(viii) the Wildlife Without Borders Program of the United States Fish and Wildlife Service; and CommentsClose CommentsPermalink
(ix) the Migratory Species Program and Park Flight Migratory Bird Program of the National Park Service; and CommentsClose CommentsPermalink
(C) 35 percent shall be allocated to the Secretary of the Interior to provide financial assistance to Indian tribes to carry out natural resources adaptation activities through-- CommentsClose CommentsPermalink
(i) the Trust Natural Resources Program of the Bureau of Indian Affairs; and CommentsClose CommentsPermalink
(ii) the Tribal Wildlife Grants Program of the United States Fish and Wildlife Service. CommentsClose CommentsPermalink
(3) LAND AND WATER CONSERVATION- CommentsClose CommentsPermalink
(A) DEPOSITS- CommentsClose CommentsPermalink
(i) IN GENERAL- Of the amounts made available for each fiscal year to carry out this subpart, 12pursuant to section 771(b)(7) of the Clean Air Act and section 212 of division B for each fiscal year to carry out this subpart, 20 percent shall be deposited in the Land and Water Conservation Fund established under section 2 of the Land and Water Conservation Fund Act of 1965 (
(ii) USE OF DEPOSITS- Deposits in the Land and Water Conservation Fund under this paragraph shall-- CommentsClose CommentsPermalink
(I) be supplemental to authorizations provided under section 3 of the Land and Water Conservation Fund Act of 1965 (
(II) be available to carry out this subpart without further appropriation or fiscal year limitation. CommentsClose CommentsPermalink
(B) DISTRIBUTION OF AMOUNTS- Of the amounts deposited under this paragraph in the Land and Water Conservation Fund-- CommentsClose CommentsPermalink
(i) for the purposes of carrying out the natural resources adaptation activities through the acquisition of land and interests in land under section 6 of the Land and Water Conservation Fund Act of 1965 (
(I) to States, in accordance with the natural resources adaptation plans of States, and to Indian tribes; CommentsClose CommentsPermalink
(II) notwithstanding section 5 of that Act (
(III) in addition to any funds provided pursuant to annual appropriations Acts, the Energy Policy Act of 2005 (
(ii) 1/3 shall be allocated to the Secretary of the Interior to carry out natural resources adaptation activities through the acquisition of lands and interests in land under section 7 of the Land and Water Conservation Fund Act of 1965 (
(iii) 1/6 shall be allocated to the Secretary of Agriculture and made available to the States and Indian tribes to carry out natural resources adaptation activities through the acquisition of land and interests in land under section 7 of the Cooperative Forestry Assistance Act of 1978 (
(iv) 1/3 shall be allocated to the Secretary of Agriculture to carry out natural resources adaptation activities through the acquisition of land and interests in land under section 7 of the Land and Water Conservation Fund Act of 1965 (
(C) EXPENDITURE OF FUNDS- In allocating funds under subparagraph (B), the Secretary of the Interior and the Secretary of Agriculture shall take into consideration factors including-- CommentsClose CommentsPermalink
(i) the availability of non-Federal contributions from State, local, or private sources; CommentsClose CommentsPermalink
(ii) opportunities to protect fish and wildlife corridors or otherwise to link or consolidate fragmented habitats; CommentsClose CommentsPermalink
(iii) opportunities to reduce the risk of catastrophic wildfires, drought, extreme flooding, or other climate-related events that are harmful to fish and wildlife and people; and CommentsClose CommentsPermalink
(iv) the potential for conservation of species or habitat types at serious risk due to climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire, or other stressors. CommentsClose CommentsPermalink
(4) NATIONAL FOREST AND GRASSLAND ADAPTATION- Of the amounts made available for each fiscal year to carry out this subpart, 5pursuant to section 771(b)(7) of the Clean Air Act and section 212 of division B for each fiscal year to carry out this subpart, 8 percent shall be allocated to the Forest Service, through the Secretary of Agriculture-- CommentsClose CommentsPermalink
(A) to fund natural resources adaptation activities carried out in national forests and national grasslands under the jurisdiction of the Forest Service; and CommentsClose CommentsPermalink
(B) to carry out natural resource adaptation activities on State and private forest land carried out under the Cooperative Forestry Assistance Act of 1978 (
(5) COASTAL AND MARINE SYSTEM ADAPTATION- Of the amounts made available pursuant to section 771(b)(7) of the Clean Air Act and section 212 of division B for each fiscal year to carry out this subpart, 711 percent shall be allocated to the Secretary of Commerce to fund natural resources adaptation activities that protect, maintain, and restore coastal, estuarine, and marine resources, habitats, and ecosystems, including such activities carried out under-- CommentsClose CommentsPermalink
(A) the coastal and estuarine land conservation program administered by the National Oceanic and Atmospheric Administration; CommentsClose CommentsPermalink
(B) the community-based restoration program for fishery and coastal habitats established under section 117 of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (
(C) the Coastal Zone Management Act of 1972 (
(D) the Open Rivers Initiative; CommentsClose CommentsPermalink
(E) the Magnuson-Stevens Fishery Conservation and Management Act (
(F) the Marine Mammal Protection Act of 1972 (
(G) the Endangered Species Act of 1973 (
(H) the Marine Protection, Research, and Sanctuaries Act of 1972 (
(I) the Coral Reef Conservation Act of 2000 (
(J) the Estuary Restoration Act of 2000 (
(6) ESTUARINE AND FRESHWATER ECOSYSTEM ADAPTATION- Of the amounts made available pursuant to section 771(b)(7) of the Clean Air Act and section 212 of division B for each fiscal year to carry out this subpart, 7.512 percent shall be allocated to the Administrator of the Environmental Protection Agency and 58 percent shall be available to the Secretary of the Army for use by the Corps of Engineers for use in natural resources adaptation activities restoring and protecting-- CommentsClose CommentsPermalink
(A) large-scale freshwater aquatic ecosystems, such as the Everglades, the Great Lakes, Flathead Lake, the Missouri River, the Mississippi River, the Colorado River, the Sacramento-San Joaquin Rivers, the Ohio River, the Columbia-Snake River System, the Apalachicola, Chattahoochee, and Flint River System, the Connecticut River, the Rio Grande River, and the Yellowstone River; CommentsClose CommentsPermalink
(B) large-scale estuarine ecosystems, such as Chesapeake Bay, Long Island Sound, Puget Sound, the Mississippi River Delta, the San Francisco Bay Delta, Narragansett Bay, and Albemarle-Pamlico Sound; CommentsClose CommentsPermalink
(C) freshwater and estuarine ecosystems, watersheds, and basins identified and prioritized by the Administrator of the Environmental Protection Agency or the Corps of Engineers, working in cooperation with other Federal agencies, States, tribal governmentIndian tribes, local governments, scientists, and other conservation partners; and CommentsClose CommentsPermalink
(D)(i) habitats and ecosystems through estuary habitat restoration projects authorized by the Estuary Restoration Act of 2000 (
(ii) project modifications for improvement of the environment; CommentsClose CommentsPermalink
(iii) aquatic restoration and protection projects authorized by section 206 of the Water Resources Development Act of 1996 (
(iv) other appropriate programs and activities. CommentsClose CommentsPermalink
(b) Use of Funds by Federal Departments and Agencies- Funds allocated to Federal departments and agencies under this section shall only be used for natural resources adaptation activities consistent with an adaptation plan approved under section 368. CommentsClose CommentsPermalink
(c) State Cost-Ssharing- Notwithstanding any other provision of law, a State that receives a grant under this section shall use funds from non-Federal sources to pay 10 percent of the costs of each activity carried out under the grant. CommentsClose CommentsPermalink
SEC. 371. NATIONAL FISH AND WILDLIFE HABITAT AND CORRIDORS INFORMATION PROGRAM.
(a) Definitions- In this section: CommentsClose CommentsPermalink
(1) GEOSPATIAL INTEROPERABILITY FRAMEWORK- The term ‘Geospatial Interoperability Framework’ means the strategy used by the National Biological Information Infrastructure (based on accepted standards, specifications, and protocols adopted through the International Standards Organization, the Open Geospatial Consortium, and the Federal Geographic Data Committee) to manage, archive, integrate, analyze, and make geospatial and biological data and metadata accessible. CommentsClose CommentsPermalink
(2) PROGRAM- The term ‘Program’ means the National Fish and Wildlife Habitat and Corridors Information Program established under subsection (b). CommentsClose CommentsPermalink
(3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior. CommentsClose CommentsPermalink
(4) SYSTEM- The term ‘System’ means the Habitat and Corridors Information System established under subsection (d)(1). CommentsClose CommentsPermalink
(b) Establishment- Not later than 180 days after the date of enactment of this Act, the Secretary, in cooperation with the States and Indian tribes, shall establish a National Fish and Wildlife Habitat and Corridors Information Program. CommentsClose CommentsPermalink
(c) Purpose- The purposes of the Program are-- CommentsClose CommentsPermalink
(1) to support States and Indian tribes in developing geographical information system databases of fish and wildlife habitats and corridors that-- CommentsClose CommentsPermalink
(A) inform planning and development decisions within each State;(B) enable each Stat and Indian tribe; CommentsClose CommentsPermalink
(B) enable each State and Indian tribe to model climate impacts and adaptation; and CommentsClose CommentsPermalink
(C) provide geographically specific enhancements of State wildlife action plans and conservation or natural resource management plans of Indian tribes; CommentsClose CommentsPermalink
(2) to ensure the collaborative development of a comprehensive national geographic information system database of maps, models, data, surveys, informational products, and other geospatial information regarding fish and wildlife habitat and corridors that-- CommentsClose CommentsPermalink
(A) is based on consistent protocols for sampling and mapping across landscapes; CommentsClose CommentsPermalink
(B) takes into account regional differences; and CommentsClose CommentsPermalink
(C) uses-- CommentsClose CommentsPermalink
(i) existing and planned State- and tribal-based geographical information system databases; and CommentsClose CommentsPermalink
(ii) existing databases, analytical tools, metadata activities, and other information products available through the National Biological Information Infrastructure maintained by the Secretary and nongovernmental organizations; and CommentsClose CommentsPermalink
(3) to facilitate the use of those databases by Federal, State, local, and tribal decisionmakers to incorporate qualitative information on fish and wildlife habitats and corridors at the earliest practicable stage for use in-- CommentsClose CommentsPermalink
(A) prioritizing and targeting natural resources adaptation strategies and activities; CommentsClose CommentsPermalink
(B) avoiding, minimizing, and mitigating the impacts on fish and wildlife habitat and corridors when locating energy development, water, transmission, transportation, and other land use projects; CommentsClose CommentsPermalink
(C) assessing the impacts of existing development on habitats and corridors; and CommentsClose CommentsPermalink
(D) developing management strategies that enhance the ability of fish, wildlife, and plant species to migrate or respond to shifting habitats within existing habitats and corridors. CommentsClose CommentsPermalink
(d) Habitat and Corridors Information System- CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary, in cooperation with States and Indian tribes, shall establish a Habitat and Corridors Information System. CommentsClose CommentsPermalink
(2) CONTENTS- The System shall-- CommentsClose CommentsPermalink
(A) include maps, data, and descriptions of fish and wildlife habitat and corridors that-- CommentsClose CommentsPermalink
(i) have been developed by Federal agencies, State wildlife agencies, and natural heritage programs, Indian tribes, local governments, nongovernmental organizations, and industry; and CommentsClose CommentsPermalink
(ii) meet accepted geospatial interoperability framework data and metadata protocols and standards; CommentsClose CommentsPermalink
(B) include maps and descriptions of projected shifts in habitats and corridors of fish and wildlife species in response to climate change; CommentsClose CommentsPermalink
(C) ensure data quality; CommentsClose CommentsPermalink
(D) at scales useful to decisionmakers, make data, models, and analyses included in the System available-- CommentsClose CommentsPermalink
(i) to prioritize and target natural resources adaptation strategies and activities; CommentsClose CommentsPermalink
(ii) to assess the impacts of existing development on habitats and corridors; CommentsClose CommentsPermalink
(iii) to assess the impacts of proposed energy development, water, transmission, transportation, and other land use projects and to avoid, minimize, or mitigate those impacts on habitats and corridors; and CommentsClose CommentsPermalink
(iv) to develop management strategies that enhance the ability of fish, wildlife, and plant species to migrate or respond to shifting habitats within existing habitats and corridors; CommentsClose CommentsPermalink
(E) update maps and other information as landscapes, habitats, corridors, and wildlife populations change, or as new information becomes available; CommentsClose CommentsPermalink
(F) encourage development of collaborative plans by Federal and State agencies and Indian tribes that monitor and evaluate the ability of the System to meet the needs of decisionmakers; CommentsClose CommentsPermalink
(G) identify gaps in habitat and corridor information, mapping, and research needed to fully assess current data and metadata; CommentsClose CommentsPermalink
(H) prioritize research and future data collection activities for use in updating the System and provide support for those activities; CommentsClose CommentsPermalink
(I) include mechanisms to support collaborative research, mapping, and planning of habitats and corridors by Federal and State agencies, Indian tribes, and other interested stakeholders; CommentsClose CommentsPermalink
(J) incorporate biological and geospatial data on species and corridors found in energy development and transmission plans, including renewable energy initiatives, transportation, and other land use plans; CommentsClose CommentsPermalink
(K) identify, prioritize, and describe key parcels of non-Federal land that-- CommentsClose CommentsPermalink
(i) are located within units of the National Park System, National Wildlife Refuge System, National Forest System, or National Grassland System; and CommentsClose CommentsPermalink
(ii) are critical to maintenance of wildlife habitat and migration corridors; and CommentsClose CommentsPermalink
(L) be based on the best scientific information available. CommentsClose CommentsPermalink
(e) Financial and Other Support- The Secretary may provide support to the States and Indian tribes, including financial and technical assistance, for activities that support the development and implementation of the System. CommentsClose CommentsPermalink
(f) Coordination- In cooperation with States and Indian tribes, the Secretary shall recommend how the information in the System may be incorporated into relevant State and Federal plans that affect fish and wildlife, including-- CommentsClose CommentsPermalink
(1) land management plans; CommentsClose CommentsPermalink
(2) the State Comprehensive Wildlife Conservation Strategies; and CommentsClose CommentsPermalink
(3) appropriate tribal conservation plans. CommentsClose CommentsPermalink
(g) Purpose of Incorporation- The Secretary shall make the recommendations required by subsection (f) to ensure that relevant State and Federal plans that affect fish and wildlife-- CommentsClose CommentsPermalink
(1) prevent unnecessary habitat fragmentation and disruption of corridors; CommentsClose CommentsPermalink
(2) promote the landscape connectivity necessary to allow wildlife to move as necessary to meet biological needs, adjust to shifts in habitat, and adapt to climate change; and CommentsClose CommentsPermalink
(3) minimize the impacts of energy, development, water, transportation, and transmission projects and other activities expected to impact habitat and corridors. CommentsClose CommentsPermalink
SEC. 372. ADDITIONAL PROVISIONS REGARDING INDIAN TRIBES.
(a) Federal Trust Responsibility- Nothing in this subpart amends, alters, or gives priority over the Federal trust responsibility to any Indian tribe. CommentsClose CommentsPermalink
(b) Exemption From FOIA- If a Federal department or agency receives any information relating to sacred sites or cultural activities identified by an Indian tribe as confidential, such information shall be exempt from disclosure under
(c) Application of Other Law- The Secretary of the Interior may apply the provisions of the Indian Self-Determination and Education Assistance Act (
(d) Protection of Right and Access of Indian Tribes to First Foods- CommentsClose CommentsPermalink
(1) DEFINITION OF FIRST FOODS- In this subsection, the term ‘first foods’ means roots, berries, and plants. CommentsClose CommentsPermalink
(2) PROTECTION- Consistent with the Natural Resources Climate Change Adaptation Policy under section 362 and the Strategy, Federal departments and agencies, States, and Indian tribes shall ensure communication and coordination to protect treaty-reserved rights of Indian tribes to gather first foods. CommentsClose CommentsPermalink
Subpart D--Additional Climate Change Adaptation Programs
SEC. 381. WATER SYSTEM MITIGATION AND ADAPTATION PARTNERSHIPS.
(a) Definitions- In this section: CommentsClose CommentsPermalink
(1) OWNER OR OPERATOR- CommentsClose CommentsPermalink
(A) IN GENERAL- The term ‘owner or operator’ means a person (including a regional, tribal, local, municipal, or private entity) that owns or operates a water system. CommentsClose CommentsPermalink
(B) INCLUSION- The term ‘owner or operator’ includes-- CommentsClose CommentsPermalink
(i) a non-Federal entity that has operational responsibilities for a federally or State owned water system; and CommentsClose CommentsPermalink
(ii) an entity formed pursuant to any State’s joint exercise of powers statutes that includes one or more of the entities in paragraph (A). CommentsClose CommentsPermalink
(2) WATER SYSTEM- The term ‘water system’ means-- CommentsClose CommentsPermalink
(A) a community water system (as defined in section 1401 of the Safe Drinking Water Act (
(B) a treatment works (as defined in section 212 of the Federal Water Pollution Control Act (
(C) a decentralized wastewater treatment system for domestic sewage; CommentsClose CommentsPermalink
(D) a groundwater storage and replenishment system; or CommentsClose CommentsPermalink
(E) a system for transport and delivery of water for irrigation or conservation. CommentsClose CommentsPermalink
(b) Establishment- The Administrator shall establish a water system mitigation and adaptation partnership program to provide funds to States for water system adaptation projects.(c)and Indian tribes for water system adaptation projects. CommentsClose CommentsPermalink
(c) Grants- Beginning in fiscal year 2010, each State receiving funds pursuant to this section shall make grants to owners or operators of water systems to address any ongoing oror Indian tribe receiving funds pursuant to this section shall make grants to owners or operators of water systems to address any ongoing or forecasted (based on the best available research and data) climate-related impact on the water quality, water supply or reliability of a region of the United States, for the purposes of mitigating or adapting to the impacts of climate change. CommentsClose CommentsPermalink
(d) Eligible Uses- The funds made available to each State or Indian tribe pursuant to this section shall be used exclusively to assist in the planning, design, construction, implementation, or operation or maintenance of any program or project to respond or increase the resilience of a water system to climate change by-- CommentsClose CommentsPermalink
(1) conserving water or enhancing water use efficiency, including through the use of water metering and electronic sensing and control systems to measure the effectiveness of a water efficiency program; CommentsClose CommentsPermalink
(2) modifying or relocating existing water system infrastructure made or projected to be significantly impaired by climate change impacts; CommentsClose CommentsPermalink
(3) preserving or improving water quality, including through measures to manage, reduce, treat, or reuse municipal stormwater, wastewater, or drinking water; CommentsClose CommentsPermalink
(4) investigating, designing, or constructing groundwater remediation, recycled water, or desalination facilities or systems to serve existing communities; CommentsClose CommentsPermalink
(5) enhancing water management by increasing watershed preservation and protection, such as through the use of natural or engineered green infrastructure in the management, conveyance, or treatment of water, wastewater, or stormwater; CommentsClose CommentsPermalink
(6) enhancing energy efficiency or the use and generation of renewable energy in the management, conveyance, or treatment of water, wastewater, or stormwater; CommentsClose CommentsPermalink
(7) supporting the adoption and use of advanced water treatment, water supply management (such as reservoir reoperation and water banking), or water demand management technologies, projects, or processes (such as water reuse and recycling, adaptive conservation pricing, and groundwater banking) that maintain or increase water supply or improve water quality; CommentsClose CommentsPermalink
(8) modifying or replacing existing systems or constructing new systems for existing communities or land currently in agricultural production to improve water supply, reliability, storage, or conveyance in a manner that-- CommentsClose CommentsPermalink
(A) promotes conservation or improves the efficiency of utilization of available water supplies; and CommentsClose CommentsPermalink
(B) does not further exacerbate stresses on ecosystems or cause redirected impacts by degrading water quality or increasing net greenhouse gas emissions; CommentsClose CommentsPermalink
(9) supporting practices and projects, such as improved irrigation systems, water banking and other forms of water transactions, groundwater recharge, stormwater capture, groundwater conjunctive use, and reuse or recycling of drainage water, to improve water quality or promote more efficient water use on land currently in agricultural production; CommentsClose CommentsPermalink
or(10) conducting and completing studies or assessments to project how climate change may impact the future operations and sustainability of water systems.(e); or CommentsClose CommentsPermalink
(11) developing and implementing mitigation and adaptation measures to rapidly address impacts from climate change on water systems and regional and hydrological basins through cooperative activities with other States that share the same regional or hydrological basin (such as the Colorado River Basin), water system, or shoreline. CommentsClose CommentsPermalink
(e) Application- To be eligible to receive a grant from the State under this section, the owner or operator of a water system shall submit to the Statof Indian tribe under this section, the owner or operator of a water system shall submit to the State or Indian tribe an application that-- CommentsClose CommentsPermalink
(1) includes a proposal of the program, strategy, or infrastructure improvement to be planned, designed, constructed, implemented, or maintained by the water system; CommentsClose CommentsPermalink
(2) cites the best available research or data that demonstrate-- CommentsClose CommentsPermalink
(A) the risk to the water resources or infrastructure of the water system as a result of ongoing or forecasted changes to the hydrological system brought about by factors arising from climate change, including rising sea levels and changes in precipitation levels; and CommentsClose CommentsPermalink
(B) how the proposed program, strategy, or infrastructure improvement would perform under the anticipated climate conditions; and CommentsClose CommentsPermalink
(3) explains how the proposed program, strategy, or infrastructure improvement is expected to enhance the resiliency of the water system, including source water protection for community water systems, to these risks or reduce the direct or indirect greenhouse gas emissions of the water system. CommentsClose CommentsPermalink
(f) Competitive Process- CommentsClose CommentsPermalink
(1) IN GENERAL- Each calendar year, each State shall conduct a competitive process to select and fund applications under this section. CommentsClose CommentsPermalink
(2) PRIORITY REQUIREMENTS AND WEIGHTING- In carrying out the process, the States shall-- CommentsClose CommentsPermalink
(A) prioritize funding of applications that are submitted by the owners or operators of water systems that are, based on the best available research and data, at the greatest and most immediate risk of facing significant climate-related negative impacts on water quality or quantity; and CommentsClose CommentsPermalink
(B) in selecting among the priority applications determined under subparagraph (A), ensure that, to the maximum extent practicable, the final list of applications funded for each year includes a substantial number meeting one or more of each of the following goals-- CommentsClose CommentsPermalink
(i) promote more efficient water use, water conservation, water reuse, or recycling; CommentsClose CommentsPermalink
(ii) use decentralized, low-impact development technologies and nonstructural approaches, including practices that use, enhance, or mimic the natural hydrological cycle or protect natural flows; CommentsClose CommentsPermalink
(iii) reduce stormwater runoff by protecting or enhancing natural ecosystem functions; CommentsClose CommentsPermalink
(iv) modify, upgrade, enhance, or replace existing water system infrastructure in response to ongoing or forecasted climate-related impacts; CommentsClose CommentsPermalink
(v) promote the sustainability and reliability of water supplies used for agricultural purposes; CommentsClose CommentsPermalink
(vi) improve water quality or quantity for agricultural and municipal uses, including through salinity reduction; and CommentsClose CommentsPermalink
(vii) provide multiple benefits, including to water supply enhancement or demand reduction, water quality protection or improvement, increased flood protection, and ecosystem protection or improvement; and CommentsClose CommentsPermalink
(C) provide for solicitation and consideration of public input in the development of criteria used in evaluating applications. CommentsClose CommentsPermalink
(g) Cost-Ssharing- CommentsClose CommentsPermalink
(1) FEDERAL SHARE- The share of the cost of any program, strategy, or infrastructure improvement that is the subject of a grant awarded by a State to the owner or operator of a water system under subsection (c) paid through funds distributed under this section shall not exceed 50 percent of the cost of the program, strategy, and infrastructure improvement. CommentsClose CommentsPermalink
(2) CALCULATION OF NON-FEDERAL SHARE- In calculating the non-Federal share of the cost of a program, strategy, or infrastructure improvement proposed by a water system through an application submitted by the water system under subsection (e), the State shall-- CommentsClose CommentsPermalink
(A) include the value of any in-kind services that are integral to the completion of the program, strategy, or infrastructure improvement, including reasonable administrative and overhead costs; and CommentsClose CommentsPermalink
(B) not include any other amount that the water system receives from a Federal agency. CommentsClose CommentsPermalink
(h) Labor Standards- CommentsClose CommentsPermalink
(1) IN GENERAL- Other than with respect to employees of State and local agencies, or other public entities, all laborers and mechanics employed on infrastructure improvements funded directly by or assisted in whole or in part by this section shall be paid wages at rates not less than those prevailing for the same type of work on similar construction in the immediate locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code. CommentsClose CommentsPermalink
(2) AUTHORITY AND FUNCTIONS- With respect to the labor standards in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and
SEC. 382. FLOOD CONTROL, PROTECTION, PREVENTION, AND RESPONSE.
(a) Establishment- The Administrator shall establish a , in consultation with the Assistant Secretary of the Army for Civil Works and the Administrator of the Federal Emergency Management Agency, shall establish a Flood Control, Protection, Prevention and Response Program to provide funds to States and Indian tribes for flood control, protection, prevention and response projects. CommentsClose CommentsPermalink
(b) Eligible Uses- CommentsClose CommentsPermalink
(1) IN GENERAL- States receivingand Indian tribes receiving funding pursuant to this section may use such funding on flood control, protection, prevention and response programs and projects addressing the projected impacts of climate change in accordance with this section. CommentsClose CommentsPermalink
(2) OBJECTIVES- Such projects and activities shall seek to mitigate or adapt to the destructive impacts of climate related increases in the duration, frequency, or magnitude of rainfall or runoff, including snowmelt runoff, as well as hurricanes, including projects and programs that-- CommentsClose CommentsPermalink
(A) reduce flood damage, risk, and vulnerability; CommentsClose CommentsPermalink
(B) identify, maintain and restore ecosystems and natural barriers integral to flood control, protection, prevention and response; CommentsClose CommentsPermalink
(C) update the available data, technologies, and scientific knowledge used in estimating, identifying and mitigating flood hazards; CommentsClose CommentsPermalink
(D) highlight, update and remediate vulnerabilities in emergency response; CommentsClose CommentsPermalink
(E) incorporate risk analysis and a risk-reduction approach to flood-related investments; CommentsClose CommentsPermalink
(F) incorporate and identify changes in risk due to processes such as land loss, subsidence, sea-level rise, reduced natural buffers, urban development and infrastructure aging; CommentsClose CommentsPermalink
and(G) identify and incorporate innovative approaches to land use management, water resource planning, and ecosystem restoration; CommentsClose CommentsPermalink
(H) provide for acquisition and easement of floodways and flood-prone properties in order to prevent urban areas from flooding, or move people out of harm’s way; and CommentsClose CommentsPermalink
(I) promote land use planning that prevents future floodplain development. CommentsClose CommentsPermalink
(3) PRIORITY- Priority in projects to reduce flood events shall be given to those projects that directly assist local -- CommentsClose CommentsPermalink
(A) directly assist local governments and communities in flood control, protection, prevention and response activities; CommentsClose CommentsPermalink
(B) are part of a larger State or watershed plan to reduce flood risk; CommentsClose CommentsPermalink
(C) are specifically designed to accommodate forecasted climate change scenarios; CommentsClose CommentsPermalink
(D) advance multiple objectives, including public safety, water quality, fish and wildlife conservation, water supply, and recreation; CommentsClose CommentsPermalink
(E) protect or enhance natural ecosystem functions, including protection, maintenance, or restoration of natural infrastructure, natural buffer zones, or natural shorelines, to buffer communities from floodwaters or storms, watershed protection to maintain water quality and groundwater recharge, or floodplain restoration to improve natural flood control capacity; CommentsClose CommentsPermalink
(F) use nonstructural approaches, including practices that use, enhance, or mimic the natural hydrologic cycle; and CommentsClose CommentsPermalink
(G) reduce the frequency and consequences of flooding in densely populated urban areas. CommentsClose CommentsPermalink
SEC. 383. WILDFIRE.
(a) Findings- Congress finds that-- CommentsClose CommentsPermalink
(1) since 1980, wildfires in the United States have burned almost twice as many acres per year on average than the average burned acreage during the period beginning on January 1, 1920, and ending on December 31, 1979; CommentsClose CommentsPermalink
(2) the wildfire season in the western United States has increased by an average of 78 days during the 30-year period preceding the date of enactment of this Act; CommentsClose CommentsPermalink
(3) researchers predict that the area subject to wildfire damage will increase during the 21st century by up to 118 percent as a result of climate change; CommentsClose CommentsPermalink
(4) of the annual budget of the Forest Service, the Forest Service used for wildfire suppression activities-- CommentsClose CommentsPermalink
(A) 13 percent in 1991; and CommentsClose CommentsPermalink
(B) 45 percent in 2007; and CommentsClose CommentsPermalink
(5) 1 percent of the largest escaped fires-- CommentsClose CommentsPermalink
(A) burn 95 percent of all burned acres; and CommentsClose CommentsPermalink
(B) consume 85 percent of all wildfire fighting costs. CommentsClose CommentsPermalink
(b) Purpose- The purpose of this section is to authorize a program to reduce the risk of wildfires in fire-ready communities. CommentsClose CommentsPermalink
(c) Definitions- In this section: CommentsClose CommentsPermalink
(1) FIRE-READY COMMUNITY- The term ‘fire-ready community’ means a community that-- CommentsClose CommentsPermalink
(A) is located within a priority area identified pursuant to subsection (d); CommentsClose CommentsPermalink
(B) has a cooperative fire agreement that articulates the roles and responsibilities for Federal, State and local government entities in local, and local government entities, and, where applicable, Indian tribes, in local wildfire suppression and protection; CommentsClose CommentsPermalink
(C) has local codes that require fire-resistant home design and building materials; CommentsClose CommentsPermalink
(D) has a community wildfire protection plan (as defined in section 101 of the Healthy Forests Restoration Act of 2003 (
(E) is engaged in a successful collaborative process that includes multiple interested persons representing diverse interests and is transparent and nonexclusive, such as a resource advisory committee established under section 205 of the Secure Rural Schools and Community Self-Determination Act of 2000 (
(2) SECRETARIES- The term ‘Secretaries’ means the Secretary of Agriculture and the Secretary of the Interior. CommentsClose CommentsPermalink
(d) Fire Risk Mapping- As soon as is practicable after the date of the enactment of this Act, the Secretaries shall develop regional maps of communities most at risk of wildfire and in need of hazardous fuel treatment and maintenance. The maps shall identify priority areas for hazardous fuels reduction projects, including-- CommentsClose CommentsPermalink
(1) at-risk communities in fire-prone areas of the wildland-urban interface (as defined in section 101 of the Healthy Forests Restoration Act of 2003 (
(2) watersheds and municipal drinking water sources; CommentsClose CommentsPermalink
(3) emergency evacuation corridors; CommentsClose CommentsPermalink
(4) electricity transmission corridors; CommentsClose CommentsPermalink
(5) low-capacity or low-income communities; and CommentsClose CommentsPermalink
(6) communities in fire-prone areas due to the impact of pest infestation on forest resources. CommentsClose CommentsPermalink
(e) Local Wildland Firefighting Capability Grants- CommentsClose CommentsPermalink
(1) GRANTS AVAILABLE- The Secretaries may provide cost-share grants to-- CommentsClose CommentsPermalink
(A) fire-ready communities to assist such , to assist those communities in carrying out activities authorized by paragraph (2).(2); and CommentsClose CommentsPermalink
(B) communities that are not fire-ready, to assist those communities in carrying out planning activities to become fire-ready communities consistent with the requirements of this section. CommentsClose CommentsPermalink
(2) ELIGIBLE ACTIVITIES- Grant funds may be used for the following: CommentsClose CommentsPermalink
(A) Education programs to raise awareness of homeowners and citizens about wildland fire protection practices, including FireWise or similar programs. CommentsClose CommentsPermalink
(B) Training programs for local firefighters on wildland firefighting techniques and approaches. CommentsClose CommentsPermalink
(C) Equipment acquisition to facilitate wildland fire preparedness. CommentsClose CommentsPermalink
(D) Implementation of a community wildfire protection plan. CommentsClose CommentsPermalink
(E) Forest restoration that accomplishes fuels reduction CommentsClose CommentsPermalink
.(f) Wildland Fire Cost-Sshare Agreements- In developing any wildland fire cost-share agreement with a State Forester or equivalent official, the Secretaries shall, to the maximum extent practicable, encourage the State and local communities involved to become fire-ready communities. CommentsClose CommentsPermalink
SEC. 384. COASTAL AND GREAT LAKES STATE ADAPTATION PROGRAM.
(a) Findings- ACongress finds that, according to the National Ocean Economics Program, coastal and Great Lakes States account for 81.4 percent of the population of the United States and generate 83 percent of the economic output of the United States. CommentsClose CommentsPermalink
(b) Definitions- In this section: CommentsClose CommentsPermalink
(1) COASTAL STATE- The term ‘coastal State’ has the meaning given the term ‘coastal state’ in section 304 of the Coastal Zone Management Act of 1972 (
(2) COASTAL WATERSHED- The term ‘coastal watershed’ means a geographical area drained into or contributing water to an estuarine area, an ocean, or a Great Lake, all or a portion of which is within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (
(3) SHORELINE MILES- The term ‘shoreline miles’, with respect to a coastal State, means the mileage of tidal shoreline or Great Lake shoreline of the coastal State, based on the most recently available data from or accepted by the National Ocean Service of the National Oceanic and Atmospheric Administration. CommentsClose CommentsPermalink
(c) Distribution- CommentsClose CommentsPermalink
(1) IN GENERAL- The Administrator shall distribute, in accordance with this section, funding for coastal State economic protection under subsectionadaptation under subsection (d). CommentsClose CommentsPermalink
(2) ALLOCATION- The funding available for allocation under subsection (b) for a calendar year shall be distributed among coastal States, as follows: CommentsClose CommentsPermalink
(A) 25 percent based on the proportion that-- CommentsClose CommentsPermalink
(i) the number of shoreline miles of a coastal State; bears to CommentsClose CommentsPermalink
(ii) the total number of shoreline miles of all coastal States. CommentsClose CommentsPermalink
(B) 25 percent based on the proportion that-- CommentsClose CommentsPermalink
(i) the population of a coastal State; bears to CommentsClose CommentsPermalink
(ii) the total population of all coastal States. CommentsClose CommentsPermalink
(C) 50 percent divided equally among all coastal States. CommentsClose CommentsPermalink
(d) Use of Funding- CommentsClose CommentsPermalink
(1) IN GENERAL- During any calendar year, a coastal State receiving funding under this section may use the funding only for projects and activities to plan for and address the impacts of climate change in the coastal watershed, including-- CommentsClose CommentsPermalink
(A) to address the impacts of climate change with respect to-- CommentsClose CommentsPermalink
(i) accelerated sea level rise and lake level changes; CommentsClose CommentsPermalink
(ii) shoreline erosion; CommentsClose CommentsPermalink
(iii) increased storm frequency or intensity; CommentsClose CommentsPermalink
(iv) changes in rainfall or other precipitation; and CommentsClose CommentsPermalink
(v) related flooding; CommentsClose CommentsPermalink
(B) to identify and develop plans to protect, or, as necessary or applicable, to relocate public facilities and infrastructure, coastal resources of national significance, public energy facilities, or other public water uses located in the coastal watershed that are affected by climate change, including strategies that use natural resources, such as naturalprotect or restore natural infrastructure, if the plans-- CommentsClose CommentsPermalink
(i) ensure full consideration and undertake, to the maximum extent practicable, initiatives that-- CommentsClose CommentsPermalink
(I) protect or enhance natural ecosystem functions, including protection, maintenance, or restoration of natural infrastructure, natural buffer zones, natural shorelines, and habitat protection or restoror natural shorelines (such as wetlands, reefs, and barrier islands) to buffer communities from floodwaters or storms, watershed protection to maintain water quality and groundwater recharge, or floodplain restoration to improve natural flood control capacity; or CommentsClose CommentsPermalink
(II) use nonstructural approaches, including practices that utilize, enhance, or mimic the natural hydrologic cycle processes of infiltration, evapotranspiration, and reuse; and CommentsClose CommentsPermalink
(ii) are consistent with Federal conservation and environmental laws and, to the maximum extent practicable, avoid environmental degradation; CommentsClose CommentsPermalink
(C) to research and collect data using, or on matters such as-- CommentsClose CommentsPermalink
(i) historical shoreline position maps; CommentsClose CommentsPermalink
(ii) historical shoreline erosion rates; CommentsClose CommentsPermalink
(iii) inventories of shoreline features and conditions; CommentsClose CommentsPermalink
(iv) acquisition of high-resolution topography and bathymetry; CommentsClose CommentsPermalink
(v) sea level rise inundation models; CommentsClose CommentsPermalink
(vi) storm surge sea level rise linked inundation models; CommentsClose CommentsPermalink
(vii) shoreline change modeling based on sea level rise projections; CommentsClose CommentsPermalink
(viii) sea level rise vulnerability analyses and socioeconomic studies; and CommentsClose CommentsPermalink
(ix) environmental and habitat changes associated with sea level rise; and CommentsClose CommentsPermalink
(D) to respond to-- CommentsClose CommentsPermalink
(i) changes in chemical characteristics (including ocean acidification) and physical characteristics (including thermal stratification) of marine systems; CommentsClose CommentsPermalink
(ii) saltwater intrusion inea level rise threats to groundwater aquifers, including-- CommentsClose CommentsPermalink
(I) saltwater intrusion; and CommentsClose CommentsPermalink
(II) unsaturated zone thinning; CommentsClose CommentsPermalink
(iii) increased harmful algae blooms; CommentsClose CommentsPermalink
(iv) spread of invasive species; CommentsClose CommentsPermalink
(v) coastal habitat loss; CommentsClose CommentsPermalink
(vi) species migrations; and CommentsClose CommentsPermalink
(vii) marine, estuarine, and freshwater ecosystem changes associated with climate change. CommentsClose CommentsPermalink
(2) EXECUTION- Priority to plan and carry out projects and activities under this subsection shall be given to State coastal agencies, as determined in accordance with State law. CommentsClose CommentsPermalink
(3) COORDINATION- In carrying out this subsection, a coastal State shall coordinate with other statewide climate change effortsor tribal climate change efforts and climate change efforts to promote cooperation and in order to avoid duplication of such efforts. CommentsClose CommentsPermalink
(e) Report- Not later than 1 year after the date on which a State receives funds under this section, and biennially thereafter until such time as the funding is fully expended, the State shall submit to the Administrator, or the heads of such other Federal agencies as the President may designate, a report that-- CommentsClose CommentsPermalink
(1) provides a full accounting for the State’s use of funding distributed under this section, including a description of the projects and activities funded; CommentsClose CommentsPermalink
and(2) may be independent or included within any report required for any State programs for greenhouse gas reduction and climate adaptation; and CommentsClose CommentsPermalink
(3) is available to the public on request. CommentsClose CommentsPermalink
DIVISION B--POLLUTION REDUCTION AND INVESTMENT
CommentsClose CommentsPermalink
DIVISION B--POLLUTION REDUCTION AND INVESTMENT CommentsClose CommentsPermalink
TITLE I--REDUCING GLOBAL WARMING POLLUTION
CommentsClose CommentsPermalink
TITLE I--REDUCING GLOBAL WARMING POLLUTION CommentsClose CommentsPermalink
Subtitle A--Reducing Global Warming Pollution
CommentsClose CommentsPermalink
Subtitle A--Reducing Global Warming Pollution CommentsClose CommentsPermalink
SEC. 101. REDUCING GLOBAL WARMING POLLUTION.
The Clean Air Act is amended by adding after title VI (
‘TITLE VII--GLOBAL WARMING POLLUTION REDUCTION AND INVESTMENT PROGRAM CommentsClose CommentsPermalink
‘PART A--GLOBAL WARMING POLLUTION REDUCTION GOALS AND TARGETS
‘SEC. 701. FINDINGS.
‘Congress finds that-- CommentsClose CommentsPermalink
‘(1) global warming poses a significant threat to the national security, economy, public health and welfare, and environment of the United States, as well as of other countries; CommentsClose CommentsPermalink
‘(2) reviews of scientific studies, including by the Intergovernmental Panel on Climate Change and the National Academy of Sciences, demonstrate that global warming is the result of the combined anthropogenic greenhouse gas emissions from numerous sources of all types and sizes; CommentsClose CommentsPermalink
‘(3) each increment of emission, when combined with other emissions, causes or contributes materially to the acceleration and extent of global warming and its adverse effects for the lifetime of such gas in the atmosphere; CommentsClose CommentsPermalink
‘(4) accordingly, controlling emissions in small as well as large quantities is essential to prevent, slow the pace of, reduce the threats from, and mitigate global warming and its adverse effects; CommentsClose CommentsPermalink
‘(5) because they induce global warming, greenhouse gas emissions cause or contribute to injuries to persons in the United States, including-- CommentsClose CommentsPermalink
‘(A) adverse health effects, such as disease and loss of life; CommentsClose CommentsPermalink
‘(B) displacement of human populations; CommentsClose CommentsPermalink
‘(C) damage to property and other interests relating to ocean levels, acidification, and ice changes; CommentsClose CommentsPermalink
‘(D) severe weather and seasonal changes; CommentsClose CommentsPermalink
‘(E) disruption, costs, and losses to business, trade, employment, farms, subsistence, aesthetic enjoyment of the environment, recreation, culture, and tourism; CommentsClose CommentsPermalink
‘(F) damage to plants, forests, lands, and waters; CommentsClose CommentsPermalink
‘(G) harm to wildlife and habitat; CommentsClose CommentsPermalink
‘(H) scarcity of water and the decreased abundance of other natural resources; CommentsClose CommentsPermalink
‘(I) worsening of tropospheric air pollution; CommentsClose CommentsPermalink
‘(J) substantial threats of similar damage; and CommentsClose CommentsPermalink
‘(K) other harm; CommentsClose CommentsPermalink
‘(6) the fact that many of those effects and risks of future effects of global warming are widely shared does not minimize the adverse effects individual persons have suffered, will suffer, and are at risk of suffering because of global warming; CommentsClose CommentsPermalink
‘(7) the fact that some of the adverse and potentially catastrophic effects of global warming are at risk of occurring and not a certainty does not negate the harm persons suffer from actions that increase the likelihood, extent, and severity of such future impacts; CommentsClose CommentsPermalink
‘(8) countries of the world look to the United States for leadership in addressing the threat of and harm from global warming; CommentsClose CommentsPermalink
‘(9) full implementation of this title is critical to engage other countries in an international effort to mitigate the threat of and harm from global warming; and CommentsClose CommentsPermalink
‘(10) global warming and its adverse effects are occurring and are likely to continue and increase in magnitude, and to do so at a greater and more harmful rate, unless the this title is fully implemented and enforced in an expeditious manner. CommentsClose CommentsPermalink
‘SEC. 702. ECONOMY-WIDE REDUCTION GOALS.
‘The goals of this title, and the Clean Energy Jobs and American Power Act (and the amendments made by that 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; and CommentsClose 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. 703. REDUCTION TARGETS FOR SPECIFIED SOURCES.
‘(a) In General- The regulations issued under section 721 shall limit and reduce annually the greenhouse gas emissions of capped sources each calendar year beginning in 2012 such that-- CommentsClose CommentsPermalink
‘(1) in 2012, the quantity of greenhouse gas emissions from capped sources does not exceed 97 percent of the quantity of greenhouse gas emissions from such sources in 2005; CommentsClose CommentsPermalink
‘(2) in 2020, the quantity of greenhouse gas emissions from capped sources does not exceed 80 percent of the quantity of greenhouse gas emissions from such sources in 2005; CommentsClose CommentsPermalink
‘(3) in 2030, the quantity of greenhouse gas emissions from capped sources does not exceed 58 percent of the quantity of greenhouse gas emissions from such sources in 2005; and CommentsClose CommentsPermalink
‘(4) in 2050, the quantity of greenhouse gas emissions from capped sources does not exceed 17 percent of the quantity of greenhouse gas emissions from such sources in 2005. CommentsClose CommentsPermalink
‘(b) Definition of Greenhouse Gas Emissions From Such Sources in 2005- For purposes of this section, the term ‘greenhouse gas emissions from such sources in 2005’ means emissions to which section 722 would have applied if the requirements of this title for the specified year had been in effect for 2005. CommentsClose CommentsPermalink
‘SEC. 704. SUPPLEMENTAL POLLUTION REDUCTIONS.
‘For the purposes of decreasing the likelihood of catastrophic climate change, preserving tropical forests, building capacity to generate offset credits, and facilitating international action on global warming, the Administrator shall set aside a percentage specified in section 771(dc) of the quantity of emission allowances established under section 721(a) for each year, to be used to achieve a reduction of greenhouse gas emissions from deforestation in developing countries in accordance with part E. In 2020, activities supported under part E shall provide greenhouse gas reductions in an amount equal to an additional 10 percentage points of reductions from United States greenhouse gas emissions in 2005. The Administrator shall distribute these allowances with respect to activities in countries that enter into and implement agreements or arrangements relating to reduced deforestation as described in section 753(a)(2). CommentsClose CommentsPermalink
‘SEC. 705. REVIEW AND PROGRAM RECOMMENDATIONS.
‘(a) In General- The Administrator shall, in consultation with appropriate Federal agencies, submit to Congress a report not later than July 1, 2013, and every 4 years thereafter, that includes-- CommentsClose CommentsPermalink
‘(1) an analysis of key findings based on up-to-date scientific information and data relevant to global climate change; CommentsClose CommentsPermalink
‘(2) an analysis of capabilities to monitor and verify greenhouse gas reductions on a worldwide basis, including for the United States, as required under the Clean Energy Jobs and American Power Act (and the amendments made by that Act); CommentsClose CommentsPermalink
and‘(3) an analysis of the status of worldwide greenhouse gas reduction efforts, including implementation of the Clean Energy Jobs and American Power Act and other policies, both domestic and international, for reducing greenhouse gas emissions, preventing dangerous atmospheric concentrations of greenhouse gases, preventing significant irreversible consequences of climate change, and reducing vulnerability to the impacts of climate change.‘(b) ; and CommentsClose CommentsPermalink
‘(4) an analysis, to be conducted by the Secretary of Energy in accordance with subsection (f) and submitted to the Administrator for inclusion in each report under this subsection, of the technological feasibility of achieving additional reductions in greenhouse gas emissions. CommentsClose CommentsPermalink
‘(b) Exception- Subsection (a)(3) shall not apply to the first report submitted under subsection (a). CommentsClose CommentsPermalink
‘(c) Latest Scientific Information- The analysis required under subsection (a)(1) shall-- CommentsClose CommentsPermalink
‘(1) address existing scientific information and reports, considering, to the greatest extent possible, the most recent assessment report of the Intergovernmental Panel on Climate Change, reports by the United States Global Change Research Program, the Natural Resources Climate Change Adaptation Panel established under section 365 of the Clean Energy Jobs and American Power Act, and Federal agencies, and the European Union’s global temperature data assessment; CommentsClose CommentsPermalink
‘(2) review trends and projections for-- CommentsClose CommentsPermalink
‘(A) global and country-specific annual emissions of greenhouse gases, and cumulative greenhouse gas emissions produced between 1850 and the present, including-- CommentsClose CommentsPermalink
‘(i) global cumulative emissions of anthropogenic greenhouse gases; CommentsClose CommentsPermalink
‘(ii) global annual emissions of anthropogenic greenhouse gases; and CommentsClose CommentsPermalink
‘(iii) by country, annual total, annual per capita, and cumulative anthropogenic emissions of greenhouse gases for the top 50 emitting nations; CommentsClose CommentsPermalink
‘(B) significant changes, both globally and by region, in annual net non-anthropogenic greenhouse gas emissions from natural sources, including permafrost, forests, or oceans; CommentsClose CommentsPermalink
‘(C) global atmospheric concentrations of greenhouse gases, expressed in annual concentration units as well as carbon dioxide equivalents based on 100-year global warming potentials; CommentsClose CommentsPermalink
‘(D) major climate forcing factors, such as aerosols; CommentsClose CommentsPermalink
‘(E) global average temperature, expressed as seasonal and annual averages in land, ocean, and land-plus-ocean averages; and CommentsClose CommentsPermalink
‘(F) sea level rise; CommentsClose CommentsPermalink
‘(3) assess the current and potential impacts of global climate change on-- CommentsClose CommentsPermalink
‘(A) human populations, including impacts on public health, economic livelihoods, subsistence, tribal culture, human infrastructure, and displacement or permanent relocation due to flooding, severe weather, extended drought, erosion, or other ecosystem changes; CommentsClose CommentsPermalink
‘(B) freshwater systems, including water resources for human consumption and agriculture and natural and managed ecosystems, flood and drought risks, and relative humidity; CommentsClose CommentsPermalink
‘(C) the carbon cycle, including impacts related to the thawing of permafrost, the frequency and intensity of wildfire, and terrestrial and ocean carbon sinks; CommentsClose CommentsPermalink
‘(D) ecosystems and animal and plant populations, including impacts on species abundance, phenology, and distribution; CommentsClose CommentsPermalink
‘(E) oceans and ocean ecosystems, including effects on sea level, ocean acidity, ocean temperatures, coral reefs, ocean circulation, fisheries, and other indicators of ocean ecosystem health; CommentsClose CommentsPermalink
‘(F) the cryosphere, including effects on ice sheet mass balance, mountain glacier mass balance, and sea-ice extent and volume; CommentsClose CommentsPermalink
‘(G) changes in the intensity, frequency, or distribution of severe weather events, including precipitation, tropical cyclones, tornadoes, and severe heat waves; CommentsClose CommentsPermalink
‘(H) agriculture and forest systems; and CommentsClose CommentsPermalink
‘(I) any other indicators the Administrator deems appropriate; CommentsClose CommentsPermalink
‘(4) summarize any significant socioeconomic impacts of climate change in the United States, including the territories of the United States, drawing on work by Federal agencies and the academic literature, including impacts on-- CommentsClose CommentsPermalink
‘(A) public health; CommentsClose CommentsPermalink
‘(B) economic livelihoods, subsistence, and tribal culture; CommentsClose CommentsPermalink
‘(C) displacement or permanent relocation due to flooding, severe weather, extended drought, or other ecosystem changes; CommentsClose CommentsPermalink
‘(D) human infrastructure, including coastal infrastructure vulnerability to extreme events and sea level rise, river floodplain infrastructure, and sewer and water management systems; CommentsClose CommentsPermalink
‘(E) agriculture and forests, including effects on potential growing season, distribution, and yield; CommentsClose CommentsPermalink
‘(F) water resources for human consumption, agriculture and natural and managed ecosystems, flood and drought risks, and relative humidity; CommentsClose CommentsPermalink
‘(G) energy supply and use; and CommentsClose CommentsPermalink
‘(H) transportation; CommentsClose CommentsPermalink
‘(5) in assessing risks and impacts, use a risk management framework, including both qualitative and quantitative measures, to assess the observed and projected impacts of current and future climate change, accounting for-- CommentsClose CommentsPermalink
‘(A) both monetized and non-monetized losses; CommentsClose CommentsPermalink
‘(B) potential nonlinear, abrupt, or essentially irreversible changes in the climate system; CommentsClose CommentsPermalink
‘(C) potential nonlinear increases in the cost of impacts; CommentsClose CommentsPermalink
‘(D) potential low-probability, high impact events; and CommentsClose CommentsPermalink
‘(E) whether impacts are transitory or essentially permanent; and CommentsClose CommentsPermalink
‘(6) based on the findings of the Administrator under this section, as well as assessments produced by the Intergovernmental Panel on Climate Change, the United States Global Change Research program, and other relevant scientific entities-- CommentsClose CommentsPermalink
‘(A) describe increased risks to natural systems and society that would result from an increase in global average temperature 3.6 degrees Fahrenheit (2 degrees Celsius) above the pre-industrial average or an increase in atmospheric greenhouse gas concentrations above 450 parts per million carbon dioxide equivalent; and CommentsClose CommentsPermalink
‘(B) identify and assess-- CommentsClose CommentsPermalink
‘(i) significant residual risks not avoided by the thresholds described in subparagraph (A); CommentsClose CommentsPermalink
‘(ii) alternative thresholds or targets that may more effectively limit the risks identified pursuant to clause (i); and CommentsClose CommentsPermalink
‘(iii) thresholds above those described in subparagraph (A) which significantly increase the risk of certain impacts or render them essentially permanent. CommentsClose CommentsPermalink
‘(d) Status of Monitoring and Verification Capabilities Tto Evaluate Greenhouse Gas Reduction Efforts- The analysis required under subsection (a)(2) shall evaluate the capabilities of the monitoring, reporting, and verification systems used to quantify progress in achieving reductions in greenhouse gas emissions both globally and in the United States (as described in section 702), including-- CommentsClose CommentsPermalink
‘(1) quantification of emissions and emission reductions by entities participating in the pollution reduction and investment program under this title; CommentsClose CommentsPermalink
‘(2) quantification of emissions and emission reductions by entities participating in the offset program under this title; CommentsClose CommentsPermalink
‘(3) quantification of emission and emission reductions by entities regulated by performance standards; CommentsClose CommentsPermalink
‘(4) quantification of aggregate net emissions and emission reductions by the United States; and CommentsClose CommentsPermalink
‘(5) quantification of global changes in net emissions and in sources and sinks of greenhouse gases. CommentsClose CommentsPermalink
‘(e) Status of Greenhouse Gas Reduction Efforts- The analysis required under subsection (a)(3) shall address-- CommentsClose CommentsPermalink
‘(1) whether the programs under the Clean Energy Jobs and American Power Act (and the amendments made by that Act) and other Federal statutes are resulting in sufficient United States greenhouse gas emission reductions to meet the emissions reduction goals described in section 702, taking into account the use of offsets; and CommentsClose CommentsPermalink
‘(2) whether United States actions, taking into account international actions, commitments, and trends, and considering the range of plausible emissions scenarios, are sufficient to avoid-- CommentsClose CommentsPermalink
‘(A) atmospheric greenhouse gas concentrations above 450 parts per million carbon dioxide equivalent; CommentsClose CommentsPermalink
‘(B) global average surface temperature 3.6 degrees Fahrenheit (2 degrees Celsius) above the pre-industrial average, or such other temperature thresholds as the Administrator deems appropriate; and CommentsClose CommentsPermalink
‘(C) other temperature or greenhouse gas thresholds identified pursuant to subsection (c)(6)(B). CommentsClose CommentsPermalink
‘(f) Technological Information- The analysis required under subsection (a)(4) shall-- CommentsClose CommentsPermalink
‘(1) review existing technological information and reports, including the most recent reports by the Department of Energy, the United States Global Change Research Program, the Intergovernmental Panel on Climate Change, and the International Energy Agency, and any other relevant information on technologies or practices that reduce or limit greenhouse gas emissions; CommentsClose CommentsPermalink
‘(2) include the participation of technical experts from relevant private industry sectors; CommentsClose CommentsPermalink
‘(3) review the current and future projected deployment of technologies and practices in the United States that reduce or limit greenhouse gas emissions, including-- CommentsClose CommentsPermalink
‘(A) technologies for capture and sequestration of greenhouse gases; CommentsClose CommentsPermalink
‘(B) technologies to improve energy efficiency; CommentsClose CommentsPermalink
‘(C) low- or zero-greenhouse gas emitting energy technologies; CommentsClose CommentsPermalink
‘(D) low- or zero-greenhouse gas emitting fuels; CommentsClose CommentsPermalink
‘(E) biological sequestration practices and technologies; and CommentsClose CommentsPermalink
‘(F) any other technologies the Secretary determines to be relevant; and CommentsClose CommentsPermalink
‘(4) review and compare the emission reduction potential, commercial viability, market penetration, investment trends, and deployment of the technologies described in paragraph (3), including-- CommentsClose CommentsPermalink
‘(A) the need for additional research and development, including publicly funded research and development; CommentsClose CommentsPermalink
‘(B) the extent of commercial deployment, including, where appropriate, a comparison to the cost and level of deployment of conventional fossil fuel-fired energy technologies and devices; and CommentsClose CommentsPermalink
‘(C) an evaluation of any substantial technological, legal, or market-based barriers to commercial deployment. CommentsClose CommentsPermalink
‘(g) Recommendations- CommentsClose CommentsPermalink
‘(1) LATEST SCIENTIFIC INFORMATION- Based on the analysis described in subsection (a)(1), each report under subsection (a) shall identify actions that could be taken to-- CommentsClose CommentsPermalink
‘(A) improve the characterization of changes in the earth-climate system and impacts of global climate change; CommentsClose CommentsPermalink
‘(B) better inform decision making and actions related to global climate change; CommentsClose CommentsPermalink
‘(C) mitigate risks to natural and social systems; and CommentsClose CommentsPermalink
‘(D) design policies to better account for climate risks. CommentsClose CommentsPermalink
‘(2) MONITORING, REPORTING AND VERIFICATION- Based on the analysis described in subsection (a)(2), each report under subsection (a) shall identify key gaps in measurement, reporting, and verification capabilities and make recommendations to improve the accuracy and reliability of those capabilities. CommentsClose CommentsPermalink
‘(3) STATUS OF GREENHOUSE GAS REDUCTION EFFORTS- Based on the analysis described in subsection (a)(3), taking into account international actions, commitments, and trends, and considering the range of plausible emissions scenarios, each report under subsection (a) shall identify-- CommentsClose CommentsPermalink
‘(A) the quantity of additional reductions required to meet the emissions reduction goals in section 702; CommentsClose CommentsPermalink
‘(B) the quantity of additional reductions in global greenhouse gas emissions needed to avoid the concentration and temperature thresholds identified in subsection (e); and CommentsClose CommentsPermalink
‘(C) possible strategies and approaches for achieving additional reductions. CommentsClose CommentsPermalink
‘(gh) Authorization of Appropriations- There are authorized to be appropriated to carry out this section such sums as may be necessary. CommentsClose CommentsPermalink
‘SEC. 706. NATIONAL ACADEMY REVIEW.
‘(a) In General- Not later than 1 year after the date of enactment of this title, the Administrator shall offer to enter into a contract with the National Academy of Sciences (in this section referred to as the ‘Academy’) under which the Academy shall, not later than July 1, 2014, and every 4 years thereafter, submit to Congress and the Administrator a report that includes-- CommentsClose CommentsPermalink
‘(1) a review of the most recent report and recommendations issued under section 705; and CommentsClose CommentsPermalink
‘(2) an analysis of technologies to achieve reductions in greenhouse gas emissions. CommentsClose CommentsPermalink
‘(b) Failure Tto Issue a Report- In the event that the Administrator has not issued all or part of the most recent report required under section 705, the Academy shall conduct its own review and analysis of the required information. CommentsClose CommentsPermalink
‘(c) Technological Information- The analysis required under subsection (a)(2) shall--
‘(1) review existing technological information and reports, including the most recent reports by the Department of Energy, the United States Global Change Research Program, the Intergovernmental Panel on Climate Change, and the International Energy Agency and any other relevant information on technologies or practices that reduce or limit greenhouse gas emissions;
‘(2) include the participation of technical experts from relevant private industry sectors;
‘(3) review the current and future projected deployment of technologies and practices in the United States that reduce or limit greenhouse gas emissions, including--
‘(A) technologies for capture and sequestration of greenhouse gases;
‘(B) technologies to improve energy efficiency;
‘(C) low- or zero-greenhouse gas emitting energy technologies;
‘(D) low- or zero-greenhouse gas emitting fuels;
‘(E) biological sequestration practices and technologies; and
‘(F) any other technologies the Academy deems relevant; and
‘(4) review and compare the emissions reduction potential, commercial viability, market penetration, investment trends, and deployment of the technologies described in paragraph (3), including--
‘(A) the need for additional research and development, including publicly funded research and development;
‘(B) the extent of commercial deployment, including, where appropriate, a comparison to the cost and level of deployment of conventional fossil fuel-fired energy technologies and devices; and
‘(C) an evaluation of any substantial technological, legal, or market-based barriers to commercial deployment.
‘(d)Recommendations- CommentsClose CommentsPermalink
‘(1) LATEST SCIENTIFIC INFORMATION- Based on the review described in subsection (a)(1), the Academy shall identify actions that could be taken to-- CommentsClose CommentsPermalink
‘(A) improve the characterization of changes in the earth-climate system and impacts of global climate change; CommentsClose CommentsPermalink
‘(B) better inform decision making and actions related to global climate change; CommentsClose CommentsPermalink
‘(C) mitigate risks to natural and social systems; CommentsClose CommentsPermalink
‘(D) design policies to better account for climate risks; and CommentsClose CommentsPermalink
‘(E) improve the accuracy and reliability of capabilities to monitor, report, and verify greenhouse gas emissions reduction efforts. CommentsClose CommentsPermalink
‘(2) TECHNOLOGICAL INFORMATION- Based on the analysis described in subsection (a)(2), the Academy shall identify-- CommentsClose CommentsPermalink
‘(A) additional emission reductions that may be possible as a result of technologies described in the analysis; CommentsClose CommentsPermalink
‘(B) barriers to the deployment of such technologies; and CommentsClose CommentsPermalink
‘(C) actions that could be taken to speed deployment of such technologies. CommentsClose CommentsPermalink
‘(3) STATUS OF GREENHOUSE GAS REDUCTION EFFORTS- Based on the review described in subsection (a)(1), the Academy shall identify-- CommentsClose CommentsPermalink
‘(A) the quantity of additional reductions required to meet the emissions reduction goals described in section 702; and CommentsClose CommentsPermalink
‘(B) the quantity of additional reductions in global greenhouse gas emissions needed to avoid the concentration and temperature thresholds described in section 705(c)(6)(A) or identified pursuant to section 705(c)(6)(B). CommentsClose CommentsPermalink
‘(ed) Authorization of Appropriations- There are authorized to be appropriated to carry out this section such sums as may be necessary. CommentsClose CommentsPermalink
‘SEC. 707. PRESIDENTIAL RESPONSE AND RECOMMENDATIONS.
‘Not later than July 1, 2015, and every 4 years thereafter-- CommentsClose CommentsPermalink
‘(1) the President shall direct relevant Federal agencies to use existing statutory authority to take appropriate actions identified in the reports submitted under sections 705 and 706 and to address any shortfalls identified in such reports; and CommentsClose CommentsPermalink
‘(2) in the event that the National Academy of Sciences has concluded, in the most recent report submitted under section 706, that the United States will not achieve the necessary domestic greenhouse gas emission reductions, or that global actions will not maintain safe global average surface temperature and atmospheric greenhouse gas concentration thresholds, the President shall submit to Congress a plan identifying domestic and international actions that will achieve necessary additional greenhouse gas reductions, including any recommendations for legislative action. CommentsClose CommentsPermalink
‘SEC. 708. CONSULTATION WITH STATES.
‘In the development of any regulations required to implement the global warming pollution and reduction investment program pursuant to this title, and in the implementation of that program, the Administrator shall consult with the States in the Regional Greenhouse Gas Initiative, the Western Climate Initiative, and the Mid-West Governors Accord. CommentsClose CommentsPermalink
‘PART B--DESIGNATION AND REGISTRATION OF GREENHOUSE GASES
‘SEC. 711. DESIGNATION OF GREENHOUSE GASES.
‘(a) Greenhouse Gases- For purposes of this title, the following are greenhouse gases: CommentsClose CommentsPermalink
‘(1) Carbon dioxide. CommentsClose CommentsPermalink
‘(2) Methane. CommentsClose CommentsPermalink
‘(3) Nitrous oxide. CommentsClose CommentsPermalink
‘(4) Sulfur hexafluoride. CommentsClose CommentsPermalink
‘(5) Hydrofluorocarbons from a chemical manufacturing process at an industrial stationary source. CommentsClose CommentsPermalink
‘(6) Any perfluorocarbon, except as otherwise provided in section 714 that is an anthropogenic gas 1 metric ton of which makes the same or greater contribution to global warming over 100 years as 1 metric ton of carbon dioxide. CommentsClose CommentsPermalink
‘(7) Nitrogen trifluoride. CommentsClose CommentsPermalink
‘(8) Any other anthropogenic gas designated as a greenhouse gas by the Administrator under this section. CommentsClose CommentsPermalink
‘(b) Determination on Administrator’s Initiative- The Administrator shall, by rule-- CommentsClose CommentsPermalink
‘(1) determine whether 1 metric ton of another anthropogenic gas makes the same or greater contribution to global warming over 100 years as 1 metric ton of carbon dioxide; CommentsClose CommentsPermalink
‘(2) determine the carbon dioxide equivalent value for each gas with respect to which the Administrator makes an affirmative determination under paragraph (1); CommentsClose CommentsPermalink
‘(3) for each gas with respect to which the Administrator makes an affirmative determination under paragraph (1) and that is used as a substitute for a class I or class II substance under title VI, determine the extent to which to regulate that gas under section 619 and specify appropriate compliance obligations under section 619; CommentsClose CommentsPermalink
‘(4) designate as a greenhouse gas for purposes of this title each gas for which the Administrator makes an affirmative determination under paragraph (1), to the extent that it is not regulated under section 619; and CommentsClose CommentsPermalink
‘(5) specify the appropriate compliance obligations under this title for each gas designated as a greenhouse gas under paragraph (4). CommentsClose CommentsPermalink
‘(c) Petitions Tto Designate a Greenhouse Gas- CommentsClose CommentsPermalink
‘(1) IN GENERAL- Any person may petition the Administrator to designate as a greenhouse gas any anthropogenic gas 1 metric ton of which makes the same or greater contribution to global warming over 100 years as 1 metric ton of carbon dioxide. CommentsClose CommentsPermalink
‘(2) CONTENTS OF PETITION- The petitioner shall provide sufficient data, as specified by rule by the Administrator, to demonstrate that the gas is likely to be a greenhouse gas and is likely to be produced, imported, used, or emitted in the United States. To the extent practicable, the petitioner shall also identify producers, importers, distributors, users, and emitters of the gas in the United States. CommentsClose CommentsPermalink
‘(3) REVIEW AND ACTION BY THE ADMINISTRATOR- Not later than 90 days after receipt of a petition under paragraph (2), the Administrator shall determine whether the petition is complete and notify the petitioner and the public of the decision. CommentsClose CommentsPermalink
‘(4) ADDITIONAL INFORMATION- The Administrator may require producers, importers, distributors, users, or emitters of the gas to provide information on the contribution of the gas to global warming over 100 years compared to carbon dioxide. CommentsClose CommentsPermalink
‘(5) TREATMENT OF PETITION- For any substance used as a substitute for a class I or class II substance under title VI, the Administrator may elect to treat a petition under this subsection as a petition to list the substance as a class II, group II substance under section 619, and may require the petition to be amended to address listing criteria promulgated under that section. CommentsClose CommentsPermalink
‘(6) DETERMINATION- Not later than 2 years after receipt of a complete petition, the Administrator shall, after notice and an opportunity for comment-- CommentsClose CommentsPermalink
‘(A) issue and publish in the Federal Register-- CommentsClose CommentsPermalink
‘(i) a determination that 1 metric ton of the gas does not make a contribution to global warming over 100 years that is equal to or greater than that made by 1 metric ton of carbon dioxide; and CommentsClose CommentsPermalink
‘(ii) an explanation of the decision; or CommentsClose CommentsPermalink
‘(B) determine that 1 metric ton of the gas makes a contribution to global warming over 100 years that is equal to or greater than that made by 1 metric ton of carbon dioxide, and take the actions described in subsection (b) with respect to such gas. CommentsClose CommentsPermalink
‘(7) GROUNDS FOR DENIAL- The Administrator may not deny a petition under this subsection solely on the basis of inadequate Environmental Protection Agency resources or time for review. CommentsClose CommentsPermalink
‘(d) Science Advisory Board Consultation- CommentsClose CommentsPermalink
‘(1) CONSULTATION- The Administrator shall-- CommentsClose CommentsPermalink
‘(A) give notice to the Science Advisory Board prior to making a determination under subsection (b)(1), (c)(6), or (e)(2)(B); CommentsClose CommentsPermalink
‘(B) consider the written recommendations of the Science Advisory Board under paragraph (2) regarding the determination; and CommentsClose CommentsPermalink
‘(C) consult with the Science Advisory Board regarding such determination, including consultation subsequent to receipt of such written recommendations. CommentsClose CommentsPermalink
‘(2) FORMULATION OF RECOMMENDATIONS- Upon receipt of notice under paragraph (1)(A) regarding a pending determination under subsection (b)(1), (c)(6), or (e)(2)(B), the Science Advisory Board shall-- CommentsClose CommentsPermalink
‘(A) formulate recommendations regarding such determination, subject to a peer review process; and CommentsClose CommentsPermalink
‘(B) submit such recommendations in writing to the Administrator. CommentsClose CommentsPermalink
‘(e) Manufacturing and Emission Notices- CommentsClose CommentsPermalink
‘(1) NOTICE REQUIREMENT- CommentsClose CommentsPermalink
‘(A) IN GENERAL- Except as otherwise provided in section 714, effective 24 months after the date of enactment of this title, no person may manufacture or introduce into interstate commerce a fluorinated gas, or emit in a calendar year a significant quantity, as determined by the Administrator, of any (which in no case shall be less than 1/2 ton of such fluorinated gas), of any fluorinated gas that is generated as a byproduct during the production or use of another fluorinated gas, unless-- CommentsClose CommentsPermalink
‘(i) the gas is designated as a greenhouse gas under this section or is an ozone-depleting substance listed as a class I or class II substance under title VI; CommentsClose CommentsPermalink
‘(ii) the Administrator has determined that 1 metric ton of such gas does not make a contribution to global warming that is equal to or greater than that made by 1 metric ton of carbon dioxide; or CommentsClose CommentsPermalink
‘(iii) the person manufacturing or importing the gas for distribution into interstate commerce, or emitting the gas, has submitted to the Administrator, at least 90 days before the start of such manufacture, introduction into commerce, or emission, a notice of such person’s manufacture, introduction into commerce, or emission of such gas, and the Administrator has not determined that notice or a substantially similar notice is incomplete. CommentsClose CommentsPermalink
‘(B) ALTERNATIVE COMPLIANCE- For a gas that is a substitute for a class I or class II substance under title VI and either has been listed as acceptable for use under section 612 or is currently subject to evaluation under section 612, the Administrator may accept the notice and information provided pursuant to that section as fulfilling the obligation under clause (iii) of subparagraph (A). CommentsClose CommentsPermalink
‘(2) REVIEW AND ACTION BY THE ADMINISTRATOR- CommentsClose CommentsPermalink
‘(A) COMPLETENESS- Not later than 90 days after receipt of notice under paragraph (1)(A)(iii) or (B), the Administrator shall determine whether the notice is complete. CommentsClose CommentsPermalink
‘(B) DETERMINATION- If the Administrator determines that the notice is complete, the Administrator shall, after notice and an opportunity for comment, not later than 12 months after receipt of the notice-- CommentsClose CommentsPermalink
‘(i) issue and publish in the Federal Register a determination that 1 metric ton of the gas does not make a contribution to global warming over 100 years that is equal to or greater than that made by 1 metric ton of carbon dioxide and an explanation of the decision; or CommentsClose CommentsPermalink
‘(ii) determine that 1 metric ton of the gas makes a contribution to global warming over 100 years that is equal to or greater than that made by 1 metric ton of carbon dioxide, and take the actions described in subsection (b) with respect to such gas. CommentsClose CommentsPermalink
‘(f) Regulations- Not later than one year after the date of enactment of this title, the Administrator shall promulgate regulations to carry out this section. Such regulations shall include-- CommentsClose CommentsPermalink
‘(1) requirements for the contents of a petition submitted under subsection (c); CommentsClose CommentsPermalink
‘(2) requirements for the contents of a notice required under subsection (e); and CommentsClose CommentsPermalink
‘(3) methods and standards for evaluating the carbon dioxide equivalent value of a gas. CommentsClose CommentsPermalink
‘(g) Gases Regulated Under Title VI- The Administrator shall not designate a gas as a greenhouse gas under this section to the extent that the gas is regulated under title VI. CommentsClose CommentsPermalink
‘(h) Savings Clause- Nothing in this section shall be interpreted to relieve any person from complying with the requirements of section 612. CommentsClose CommentsPermalink
‘SEC. 712. CARBON DIOXIDE EQUIVALENT VALUE OF GREENHOUSE GASES.
‘(a) Measure of Quantity of Greenhouse Gases- Any provision of this title or title VIII that refers to a quantity or percentage of a quantity of greenhouse gases shall mean the quantity or percentage of the greenhouse gases expressed in carbon dioxide equivalents. CommentsClose CommentsPermalink
‘(b) Initial Value- Except as provided by the Administrator under this section or section 711-- CommentsClose CommentsPermalink
‘(1) the carbon dioxide equivalent value of greenhouse gases for purposes of this Act shall be as follows: CommentsClose CommentsPermalink
‘ CARBON DIOXIDE EQUIVALENT OF 1 TON OF LISTED GREENHOUSE GASES CommentsClose CommentsPermalink
----------------------------------------------------------------------CommentsClose CommentsPermalink
Greenhouse gas (1 metric ton) Carbon dioxide equivalent (metric tons) CommentsClose CommentsPermalink
----------------------------------------------------------------------CommentsClose CommentsPermalink
Carbon dioxide 1 CommentsClose CommentsPermalink
Methane 25 CommentsClose CommentsPermalink
Nitrous oxide 298 CommentsClose CommentsPermalink
HFC-23 14,800 CommentsClose CommentsPermalink
HFC-125 3,500 CommentsClose CommentsPermalink
HFC-134a 1,430 CommentsClose CommentsPermalink
HFC-143a 4,470 CommentsClose CommentsPermalink
HFC-152a 124 CommentsClose CommentsPermalink
HFC-227ea 3,220 CommentsClose CommentsPermalink
HFC-236fa 9,810 CommentsClose CommentsPermalink
HFC-4310mee 1,640 CommentsClose CommentsPermalink
CF4 7,390 CommentsClose CommentsPermalink
C2F6 12,200 CommentsClose CommentsPermalink
C4F10 8,860 CommentsClose CommentsPermalink
C6F14 9,300 CommentsClose CommentsPermalink
SF6 22,800 CommentsClose CommentsPermalink
NF3 17,200 CommentsClose CommentsPermalink
----------------------------------------------------------------------CommentsClose CommentsPermalink
; and CommentsClose CommentsPermalink
‘(2) the carbon dioxide equivalent value for purposes of this Act for any greenhouse gas not listed in the table under paragraph (1) shall be the 100-year Global Warming Potentials provided in the Intergovernmental Panel on Climate Change Fourth Assessment Report. CommentsClose CommentsPermalink
‘(c) Periodic Review- CommentsClose CommentsPermalink
‘(1) Not later than February 1, 2017, and (except as provided in paragraph (3)) not less than every 5 years thereafter, the Administrator shall-- CommentsClose CommentsPermalink
‘(A) review and, if appropriate, revise the carbon dioxide equivalent values established under this section or section 711(b)(2), based on a determination of the number of metric tons of carbon dioxide that makes the same contribution to global warming over 100 years as 1 metric ton of each greenhouse gas; and CommentsClose CommentsPermalink
‘(B) publish in the Federal Register the results of that review and any revisions. CommentsClose CommentsPermalink
‘(2) A revised determination published in the Federal Register under paragraph (1)(B) shall take effect for greenhouse gas emissions starting on January 1 of the first calendar year starting at least 9 months after the date on which the revised determination was published. CommentsClose CommentsPermalink
‘(3) The Administrator may decrease the frequency of review and revision under paragraph (1) if the Administrator determines that such decrease is appropriate in order to synchronize such review and revision with any similar review process carried out pursuant to the United Nations Framework Convention on Climate Change, done at New York on May 9, 1992, or to an agreement negotiated under that convention, except that in no event shall the Administrator carry out such review and revision any less frequently than every 10 years. CommentsClose CommentsPermalink
‘(d) Methodology- In setting carbon dioxide equivalent values, for purposes of this section or section 711, the Administrator shall take into account publications by the Intergovernmental Panel on Climate Change or a successor organization under the auspices of the United Nations Environmental Programme and the World Meteorological Organization. CommentsClose CommentsPermalink
‘SEC. 713. GREENHOUSE GAS REGISTRY.
‘(a) Definitions- For purposes of this section: CommentsClose CommentsPermalink
‘(1) CLIMATE REGISTRY- The term ‘Climate Registry’ means the greenhouse gas emissions registry jointly established and managed by more than 40 States and Indian tribes in 2007 to collect high-quality greenhouse gas emission data from facilities, corporations, and other organizations to support various greenhouse gas emission reporting and reduction policies for the member States and Indian tribes. CommentsClose CommentsPermalink
‘(2) REPORTING ENTITY- The term ‘reporting entity’ means-- CommentsClose CommentsPermalink
‘(A) a covered entity; CommentsClose CommentsPermalink
‘(B) an entity that-- CommentsClose CommentsPermalink
‘(i) would be a covered entity if it had emitted, produced, imported, manufactured, or delivered in 2008 or any subsequent year more than the applicable threshold level in the definition of covered entity in paragraph (13) of section 700; and CommentsClose CommentsPermalink
‘(ii) has emitted, produced, imported, manufactured, or delivered in 2008 or any subsequent year more than the applicable threshold level in the definition of covered entity in paragraph (13) of section 700, provided that the figure of 25,000 tons of carbon dioxide equivalent is read instead as 10,000 tons of carbon dioxide equivalent and the figure of 460,000,000 cubic feet is read instead as 184,000,000 cubic feet; CommentsClose CommentsPermalink
‘(C) any other entity that emits a greenhouse gas, or produces, imports, manufactures, or delivers material whose use results or may result in greenhouse gas emissions if the Administrator determines that reporting under this section by such entity will help achieve the purposes of this title or title VIII; CommentsClose CommentsPermalink
‘(D) any vehicle fleet with emissions of more than 25,000 tons of carbon dioxide equivalent on an annual basis, if the Administrator determines that the inclusion of such fleet will help achieve the purposes of this title or title VIII; or CommentsClose CommentsPermalink
‘(E) any entity that delivers electricity to an energy-intensive facility in an industrial sector that meets the energy or greenhouse gas intensity criteria in section 764(b)(3)(B)(i). CommentsClose CommentsPermalink
‘(b) Regulations- CommentsClose CommentsPermalink
‘(1) IN GENERAL- Not later than 6 months after the date of enactment of this title, the Administrator shall issue regulations establishing a Federal greenhouse gas registry. Such regulations shall-- CommentsClose CommentsPermalink
‘(A) require reporting entities to submit to the Administrator data on-- CommentsClose CommentsPermalink
‘(i) greenhouse gas emissions in the United States; CommentsClose CommentsPermalink
‘(ii) the production and manufacture in the United States, importation into the United States, and, at the discretion of the Administrator, exportation from the United States, of fuels and industrial gases the uses of which result or may result in greenhouse gas emissions; CommentsClose CommentsPermalink
‘(iii) deliveries in the United States of natural gas, and any other gas meeting the specifications for commingling with natural gas for purposes of delivery, the combustion of which result or may result in greenhouse gas emissions; and CommentsClose CommentsPermalink
‘(iv) the capture and sequestration of greenhouse gases; CommentsClose CommentsPermalink
‘(B) require covered entities and, where appropriate, other reporting entities to submit to the Administrator data sufficient to ensure compliance with or implementation of the requirements of this title; CommentsClose CommentsPermalink
‘(C) require reporting of electricity delivered to industrial sources in energy-intensive industries; CommentsClose CommentsPermalink
‘(D) ensure the completeness, consistency, transparency, accuracy, precision, and reliability of such data; CommentsClose CommentsPermalink
‘(E) take into account the best practices from the most recent Federal, State, tribal, and international protocols for the measurement, accounting, reporting, and verification of greenhouse gas emissions, including protocols from the Climate Registry and other mandatory State or multistate authorized programs; CommentsClose CommentsPermalink
‘(F) take into account the latest scientific research; CommentsClose CommentsPermalink
‘(G) require that, for covered entities with respect to greenhouse gases to which section 722 applies, and, to the extent determined to be appropriate by the Administrator, for covered entities with respect to other greenhouse gases and for other reporting entities, submitted data are based on-- CommentsClose CommentsPermalink
‘(i) continuous monitoring systems for fuel flow or emissions, such as continuous emission monitoring systems; CommentsClose CommentsPermalink
‘(ii) alternative systems that are demonstrated as providing data with the same precision, reliability, accessibility, and timeliness, or, to the extent the Administrator determines is appropriate for reporting small amounts of emissions, the same precision, reliability, and accessibility and similar timeliness, as data provided by continuous monitoring systems for fuel flow or emissions; or CommentsClose CommentsPermalink
‘(iii) alternative methodologies that are demonstrated to provide data with precision, reliability, accessibility, and timeliness, or, to the extent the Administrator determines is appropriate for reporting small amounts of emissions, precision, reliability, and accessibility, as similar as is technically feasible to that of data generally provided by continuous monitoring systems for fuel flow or emissions, if the Administrator determines that, with respect to a reporting entity, there is no continuous monitoring system or alternative system described in clause (i) or (ii) that is technically feasible; CommentsClose CommentsPermalink
‘(H) require that the Administrator, in determining the extent to which the requirement to use systems or methodologies in accordance with subparagraph (G) is appropriate for reporting entities other than covered entities or for greenhouse gases to which section 722 does not apply, consider the cost of using such systems and methodologies, and of using other systems and methodologies that are available and suitable, for quantifying the emissions involved in light of the purposes of this title, including the goal of collecting consistent entity-wide data; CommentsClose CommentsPermalink
‘(I) include methods for minimizing double reporting and avoiding irreconcilable double reporting of greenhouse gas emissions; CommentsClose CommentsPermalink
‘(J) establish measurement protocols for carbon capture and sequestration systems, taking into consideration the regulations promulgated under section 813; CommentsClose CommentsPermalink
‘(K) require that reporting entities provide the data required under this paragraph in reports submitted electronically to the Administrator, in such form and containing such information as may be required by the Administrator; CommentsClose CommentsPermalink
‘(L) include requirements for keeping records supporting or related to, and protocols for auditing, submitted data; CommentsClose CommentsPermalink
‘(M) establish consistent policies for calculating carbon content and greenhouse gas emissions for each type of fossil fuel with respect to which reporting is required; CommentsClose CommentsPermalink
‘(N) subsequent to implementation of policies developed under subparagraph (M), provide for immediate dissemination, to States, Indian tribes, and on the Internet, of all data reported under this section as soon as practicable after electronic audit by the Administrator and any resulting correction of data, except that data shall not be disseminated under this subparagraph if-- CommentsClose CommentsPermalink
‘(i) its nondissemination is vital to the national security of the United States, as determined by the President; or CommentsClose CommentsPermalink
‘(ii) it is confidential business information that cannot be derived from information that is otherwise publicly available and that would cause significant calculabldisclosure of which would likely cause substantial harm to the competitive harm if published, except that--‘(I) data relating to greenhouse gas emissions, including anyposition of the person from which the information was obtained, except that-- CommentsClose CommentsPermalink
‘(I) data relating to greenhouse gas emissions, including any upstream or verification data from reporting entities, shall not be considered to be confidential business information; and CommentsClose CommentsPermalink
‘(II) data that is confidential business information shall be provided to a State or Indian tribe within whose jurisdiction the reporting entity is located, if the Administrator determines that such State or Indian tribe has in effect protections for confidential business information that are equivalent to protections applicable to the Federal Government-- CommentsClose CommentsPermalink
‘(aa) the State or Indian tribe has first provided to the Administrator a written opinion from the chief legal officer or counsel of the requesting State agency, or comparable tribal legal counsel, stating that under applicable State or tribal law, the State or Indian tribe has the authority to compel a business that possesses such information to disclose the information to the State or Indian tribe; or CommentsClose CommentsPermalink
‘(bb) each affected business is informed of disclosures under this part that pertain to the business, and the State or Indian tribe has demonstrated to the chief legal officer of the Environmental Protection Agency that the use and disclosure by the State or Indian tribe, as applicable, of such information will be governed by State or tribal law and procedures that will provide adequate protection to the interests of affected businesses; CommentsClose CommentsPermalink
‘(O) prescribe methods by which the Administrator shall, in cases in which satisfactory data are not submitted to the Administrator for any period of time, estimate emission, production, importation, manufacture, or delivery levels-- CommentsClose CommentsPermalink
‘(i) for covered entities with respect to greenhouse gas emissions, production, importation, manufacture, or delivery regulated under this title to ensure that emissions, production, importation, manufacture, or deliveries are not underreported, and to create a strong incentive for meeting data monitoring and reporting requirements-- CommentsClose CommentsPermalink
‘(I) with a conservative estimate of the highest emission, production, importation, manufacture, or delivery levels that may have occurred during the period for which data are missing; or CommentsClose CommentsPermalink
‘(II) to the extent the Administrator considers appropriate, with an estimate of such levels assuming the unit is emitting, producing, importing, manufacturing, or delivering at a maximum potential level during the period, in order to ensure that such levels are not underreported and to create a strong incentive for meeting data monitoring and reporting requirements; and CommentsClose CommentsPermalink
‘(ii) for covered entities with respect to greenhouse gas emissions to which section 722 does not apply and for other reporting entities, with a reasonable estimate of the emission, production, importation, manufacture, or delivery levels that may have occurred during the period for which data are missing; CommentsClose CommentsPermalink
‘(P) require the designation of a designated representative for each reporting entity; CommentsClose CommentsPermalink
‘(Q) require an appropriate certification, by the designated representative for the reporting entity, of accurate and complete accounting of greenhouse gas emissions, as determined by the Administrator; and CommentsClose CommentsPermalink
‘(R) include requirements for other data necessary for accurate and complete accounting of greenhouse gas emissions, as determined by the Administrator, including data for quality assurance of monitoring systems, monitors and other measurement devices, and other data needed to verify reported emissions, production, importation, manufacture, or delivery. CommentsClose CommentsPermalink
‘(2) TIMING- CommentsClose CommentsPermalink
‘(A) CALENDAR YEARS 2007 THROUGH 2010- For a base period of calendar years 2007 through 2010, each reporting entity shall submit annual data required under this section to the Administrator not later than March 31, 2011. The Administrator may waive or modify reporting requirements for calendar years 2007 through 2010 for categories of reporting entities to the extent that the Administrator determines that the reporting entities did not keep data or records necessary to meet reporting requirements. The Administrator may, in addition to or in lieu of such requirements, collect information on energy consumption and production. CommentsClose CommentsPermalink
‘(B) SUBSEQUENT CALENDAR YEARS- For calendar year 2011 and each subsequent calendar year, each reporting entity shall submit quarterly data required under this section to the Administrator not later than 60 days after the end of the applicable quarter, except when the data is already being reported to the Administrator on an earlier timeframe for another program. CommentsClose CommentsPermalink
‘(3) WAIVER OF REPORTING REQUIREMENTS- The Administrator may waive reporting requirements under this section for specific entities to the extent that the Administrator determines that sufficient and equally or more reliable verified and timely data are available to the Administrator and the public on the Internet under other mandatory statutory requirements. CommentsClose CommentsPermalink
‘(4) ALTERNATIVE THRESHOLD- The Administrator may, by rule, establish applicability thresholds for reporting under this section using alternative metrics and levels, provided that such metrics and levels are easier to administer and cover the same size and type of sources as the threshold defined in this section. CommentsClose CommentsPermalink
‘(c) Interrelationship With Other Systems- In developing the regulations issued under subsection (b), the Administrator shall take into account the work done by the Climate Registry and other mandatory State or multistate programs. Such regulations shall include an explanation of any major differences in approach between the system established under the regulations and such registries and programs. CommentsClose CommentsPermalink
‘SEC. 714. PERFLUOROCARBON AND OTHER NONHYDROFLUOROCARBON FLUORINATED SUBSTANCE PRODUCTION REGULATION.
‘(a) Definitions- In this section: CommentsClose CommentsPermalink
‘(1) CONSUMPTION- The term ‘consumption’ means, with respect to perfluorocarbon, the quantity of that substance produced in the United States, plus the quantity imported, minus the quantity exported.
‘(2) PRODUCE; PRODUCED; PRODUCTION-
‘(A) IN GENERAL- The terms ‘produce’, ‘produced’, and ‘production’ mean the manufacture of perfluorocarbon, or the emissBEST ACHIEVABLE PERFORMANCE STANDARD- The term ‘best achievable performance standard’ means a limitation on total emissions based on the maximum degree of reduction of fluorinated gases that are greenhouse gases subject to regulation under this Act emitted during the production of perfluorocarbon from other industrial sources.‘(B) EXCLUSIONS- The terms ‘produce’, ‘produced’, and ‘production’ do not include--
‘(i) the manufacture of perfluorocarbon that is used and entirely consumed (except for trace quantities) in the manufacture of other chemicals or products;
‘(ii) the reuse or recycling of perfluorocarbon; or
‘(iii) the emission of perfluorocarbon from use in production processes, such as electronics manufacturing.
‘(C) OFFSET CREDIT- The term ‘offset credit’ means reduction of perfluorocarbon emissions by destruction or conversionary use of perfluorocarbons during production processes, such as electronics manufacturingnonhydrofluorocarbon fluorinated substances at covered entities that the Administrator, taking into consideration energy, environmental, economic impacts, and other costs, determines to be achievable for covered entities through application of production process optimization and available methods, control technologies or systems, and management techniques or practices. CommentsClose CommentsPermalink‘(2) NONHYDROFLUOROCARBON FLUORINATED SUBSTANCE- The term ‘nonhydrofluorocarbon fluorinated substance’ means a substance included on the list under subsection (d) that-- CommentsClose CommentsPermalink
‘(A) is not listed as a class I or class II substance under title VI; and CommentsClose CommentsPermalink
‘(B) is not-- CommentsClose CommentsPermalink
‘(i) sulfur hexafluoride; or CommentsClose CommentsPermalink
‘(ii) nitrogen trifluoride. CommentsClose CommentsPermalink
‘(b) Determination by Administrator- CommentsClose CommentsPermalink
As soon as practicable‘(1) IN GENERAL- Not later than 1 year after the date of enactment of this section, the Administrator shall determine, based on such criteria as the Administrator determines to be appropriate, whether emissions from the production and consumpthe criteria described in paragraph (2), whether fluorinated gases that are greenhouse gases emitted during the production of perfluorocarbonnonhydrofluorocarbon fluorinated substances should be regulated in accordance with-- CommentsClose CommentsPermalink
‘(1) this section; or
‘(2) the other applicable provisions of this title.
‘(c) Effect of Determination- On a determination by the Administrator under subsection (a)(1) that perfluorocarbon emissionsA) subsection (c); or CommentsClose CommentsPermalink‘(B) the applicable requirements of section 722 relating to emissions of greenhouse gases during fluorinated substance production at covered entities. CommentsClose CommentsPermalink
‘(2) CRITERIA FOR DETERMINATION- In making the determination under paragraph (1), the Administrator shall take into consideration-- CommentsClose CommentsPermalink
‘(A) whether an equivalent or greater level of total emissions reductions could be achieved under subsection (c), as compared to the emissions reductions that would be achieved under the applicable requirements of section 722 relating to emissions of greenhouse gases during fluorinated substance production at covered entities; and CommentsClose CommentsPermalink
‘(B) such other criteria as the Administrator determines to be appropriate. CommentsClose CommentsPermalink
‘(c) Greenhouse Gas Emissions From Nonhydrofluorocarbon Fluorinated Substance Production- CommentsClose CommentsPermalink
‘(1) IN GENERAL- If the Administrator makes the determination described in subsection (b) should be regulated in accordance with this section--
‘(1) emissions from the production of perfluorocarbon shall be subject to the best available control technology (as defined in section 169) for each greenhouse gas designated in section 711 at facilities emitting 25,000 metric tons of carbon dioxide equivalent perfluorocarbon emissions or more; and
‘(2) the consumption of perfluorocarbon shall be phased down in accordance with this section.
‘(d) Use and Consumption-
‘(1) PHASE-DOWNS-
‘(A) CONSUMPTION-
‘(i) IN GENERAL- With respect to perfluorocarbon, not later than (1)(A), not later than 18 months after the date of enactment of this section, the Administrator shall promulgate regulations phasing down, in accordance with this section--‘(I) the consumption of perfluorocarbon in the United States; and
‘(II) the importation into the United States of products containing any perfluorocarbon.
‘(ii) PROHIBITION- Effective beginning on January 1, 2014, it shall be unlawful for any person to produce any perfluorocarbon, import any perfluorocarbon, or import any product containing perfluorocarbon, unless the person holds 1 consumption allowance or 1 offset credit for each carbon dioxide equivalent ton of the perfluorocarbon destroyed.
‘(iii) RETIRED ALLOWANCES- Any person who exports a perfluorocarbon for which a use allowance was retired may receive a refund of that allowance from the Administratorapplicable to covered entities that require fluorinated gases that are greenhouse gases emitted during the production of nonhydrofluorocarbon fluorinated substances at those covered entities to meet the best achievable performance standard. CommentsClose CommentsPermalink‘(2) BEST ACHIEVABLE PERFORMANCE STANDARD REVIEW- The Administrator shall, at the discretion of the Administrator-- CommentsClose CommentsPermalink
‘(A) not later than 2 years after the date of export.
‘(B) INTEGRITY OF LIMITS- To maintain the integrity of the perfluorocarbon limits under this paragraph, the Administrator may limit, by regulation, the percentage of the compliance obligation of any person that may be met through the consumption of offset credits or banked allowances.
‘(C) COUNTING OF VIOLATIONS- Each consumption allowance or offset credit not held as required by this subsection shall be a separate violation of this section.
‘(2) SCHEDULE- Pursuant to the regulations promulgated under paragraph (1)(A), the number of perfluorocarbon consumption allowances available for distribution for each calendar year beginning in calendar year 2014 shall be established by the Administrator.
‘(3) BASELINE-
‘(A) IN GENERAL- Not later than 1 year after the date of enactment of this section, the Administrator shall promulgate regulations to establish the baseline for purposes of paragraph (2).
‘(B) CALCULATION- The baseline shall be--
‘(i) the sum, expressed in metric tons of carbon dioxide equivalents, of--
‘(I) the average of the annual consumption of all perfluorocarbon in each of calendar years 2004, 2005, and 2006; and
‘(II) the annual average quantity of all perfluorocarbon contained in imported products during the period of calendar years 2004, 2005, and 2006; or
‘(ii) such alternative quantity of carbon dioxide equivalents that, as determined by the Administrator, more accurately reflects the average annual quantity of perfluorocarbon consumed in and imported into the United States (including in products), as based on information compiled by the Administrator.
‘(4) DISTRIBUTION OF ALLOWANCES- The Administrator shall determine an allocation, and procedures for the distribution, transfer, and exchange of allowances for the consumption of perfluorocarbon under this section, including a determination of whether allowances may be auctioned, sold, or allocated and distributed at no cost, transferred, or exchanged for domestic or international consumption, in accordance with such criteria as the Administrator considers to be appropriate.
‘(e) Implementation- To the stablishment of a best achievable performance standard, and every 2 years thereafter-- CommentsClose CommentsPermalink
‘(i) review the best achievable performance standard; and CommentsClose CommentsPermalink
‘(ii) as necessary, establish a more stringent best available performance standard that reduces emissions, to the maximum extent practicable, the Administratorin accordance with the economy-wide reduction goals referred to in section 702; or CommentsClose CommentsPermalink
‘(B) not later than 2 years after the date of establishment of a best achievable performance standard, and every 10 years thereafter, establish a 10-year schedule under which each applicable covered entity shall implement this sectionncrementally implement a more stringent best achievable performance standard that reduces, to the maximum extent practicable, emissions in accordance with the procedures described in section 619.‘(f) Deadlines for Compliance- The Administrator shall promulgate regulations for perfluorocarbon in accordance with this section by not later than October 31, 2013economy-wide reduction goals referred to in section 702. CommentsClose CommentsPermalink
‘(3) EXCLUSIVITY- If the Administrator makes the determination described in subsection (b)(1)(A), the requirements of this subsection relating to control of emissions of fluorinated gases that are greenhouse gases during the production of nonhydrofluorocarbon fluorinated substances shall apply in lieu of the requirements of section 722 relating to emissions of fluorinated gases that are greenhouse gases during fluorinated substance production at covered entities. CommentsClose CommentsPermalink
‘(d) List of Nonhydrofluorocarbon Fluorinated Substances- CommentsClose CommentsPermalink
‘(1) INITIAL LIST- If the Administrator makes the determination described in subsection (b)(1)(A), not later than 2 years after the date of enactment of this section, the Administrator shall publish a list of nonhydrofluorocarbon fluorinated substances subject to regulation under this section. CommentsClose CommentsPermalink
‘(2) ADDITIONS TO LIST- The Administrator may include on the list published under paragraph (1) any substance that meets the requirements described in subsection (a)(2). CommentsClose CommentsPermalink
‘PART C--PROGRAM RULES
‘SEC. 721. EMISSION ALLOWANCES.
‘(a) In General- The Administrator shall establish a separate quantity of emission allowances for each calendar year starting in 2012, in the amountquantities prescribed under subsection (e). CommentsClose CommentsPermalink
‘(b) Identification Numbers- The Administrator shall assign to each emission allowance established under subsection (a) a unique identification number that includes the vintage year for that emission allowance. CommentsClose CommentsPermalink
‘(c) Legal Status of Emission Allowances- CommentsClose CommentsPermalink
‘(1) IN GENERAL- An allowance established by the Administrator under this title does not constitute a property right. CommentsClose CommentsPermalink
‘(2) TERMINATION OR LIMITATION- Nothing in this Act or any other provision of law shall be construed to limit or alter the authority of the United States, including the Administrator acting pursuant to statutory authority, to terminate or limit allowances, offset credits, or term offset credits. CommentsClose CommentsPermalink
‘(3) OTHER PROVISIONS UNAFFECTED- Except as otherwise specified in this Act, nothing in this Act relating to allowances, offset credits, or term offset credits established or issued under this title shall affect the application of any other provision of law to a covered entity, or the responsibility for a covered entity to comply with any such provision of law. CommentsClose CommentsPermalink
‘(d) Savings Provision- Nothing in this part shall be construed as requiring a change of any kind in any State or tribal law regulating electric utility rates and charges, or as affecting any State law regarding such State or tribal law regarding such State regulation, or as limiting State regulation (including any or tribal regulation (including any prudency review) under such a State or tribal law. Nothing in this part shall be construed as modifying the Federal Power Act (
et seq.) or as affecting the authority of the Federal Energy Regulatory Commission under that Act. Nothing in this part shall be construed to interfere with or impair any program for competitive bidding for power supply in a State in which such program is established. CommentsClose CommentsPermalink 16 U.S.C. 791a ‘(e) Allowances for Each Calendar Year- CommentsClose CommentsPermalink
‘(1) IN GENERAL- Except as provided in paragraph (2), the number of emission allowances established by the Administrator under subsection (a) for each calendar year shall be as provided in the following table: CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- -------------------------------------- CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
‘Calendar Year Emissions Allowances (MtCO2e) CommentsClose CommentsPermalink
2012 4,6272013 4,5442014 5,0992015 5,0032016 5,4822017 5,2612018 5,1322019 5,0022020 4,8732021 4,7392022 4,6052023 4,4712024 4,3372025 4,2032026 4,0692027 3,9352028 3,8012029 3,6672030 3,5332031 3,4082032 3,2832033 3,1582034 3,0332035 2,9082036 2,7842037 2,6592038 2,5342039 2,4092040 2,2842041 2,1592042 2,0342043 1,9102044 1,7852045 1,6602046 1,5352047 1,4102048 1,2852049 1,1602050 CommentsClose CommentsPermalink
2013 4,544 CommentsClose CommentsPermalink
2014 5,053 CommentsClose CommentsPermalink
2015 5,003 CommentsClose CommentsPermalink
2016 5,482 CommentsClose CommentsPermalink
2017 5,261 CommentsClose CommentsPermalink
2018 5,132 CommentsClose CommentsPermalink
2019 5,002 CommentsClose CommentsPermalink
2020 4,873 CommentsClose CommentsPermalink
2021 4,739 CommentsClose CommentsPermalink
2022 4,605 CommentsClose CommentsPermalink
2023 4,471 CommentsClose CommentsPermalink
2024 4,337 CommentsClose CommentsPermalink
2025 4,203 CommentsClose CommentsPermalink
2026 4,069 CommentsClose CommentsPermalink
2027 3,935 CommentsClose CommentsPermalink
2028 3,801 CommentsClose CommentsPermalink
2029 3,667 CommentsClose CommentsPermalink
2030 3,533 CommentsClose CommentsPermalink
2031 3,408 CommentsClose CommentsPermalink
2032 3,283 CommentsClose CommentsPermalink
2033 3,158 CommentsClose CommentsPermalink
2034 3,033 CommentsClose CommentsPermalink
2035 2,908 CommentsClose CommentsPermalink
2036 2,784 CommentsClose CommentsPermalink
2037 2,659 CommentsClose CommentsPermalink
2038 2,534 CommentsClose CommentsPermalink
2039 2,409 CommentsClose CommentsPermalink
2040 2,284 CommentsClose CommentsPermalink
2041 2,159 CommentsClose CommentsPermalink
2042 2,034 CommentsClose CommentsPermalink
2043 1,910 CommentsClose CommentsPermalink
2044 1,785 CommentsClose CommentsPermalink
2045 1,660 CommentsClose CommentsPermalink
2046 1,535 CommentsClose CommentsPermalink
2047 1,410 CommentsClose CommentsPermalink
2048 1,285 CommentsClose CommentsPermalink
2049 1,160 CommentsClose CommentsPermalink
2050 and each calendar year thereafter 1,035-----------------------------------------------------------CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
‘(2) REVISION- CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Administrator may adjust, in accordance with subparagraph (B), the number of emission allowances established pursuant to paragraph (1) if, after notice and an opportunity for public comment, the Administrator determines that-- CommentsClose CommentsPermalink
‘(i) United States greenhouse gas emissions in 2005 were other than 7,206 million metric tons carbon dioxide equivalent; CommentsClose CommentsPermalink
‘(ii) if the requirements of this title for 2012 had been in effect in 2005, section 722 would have required emission allowances to be held for other than 66.2 percent of United States greenhouse gas emissions in 2005; CommentsClose CommentsPermalink
‘(iii) if the requirements of this title for 2014 had been in effect in 2005, section 722 would have required emission allowances to be held for other than 75.76 percent of United States greenhouse gas emissions in 2005; or CommentsClose CommentsPermalink
‘(iv) if the requirements of this title for 2016 had been in effect in 2005, section 722 would have required emission allowances to be held for other than 84.5 percent United States greenhouse gas emissions in 2005. CommentsClose CommentsPermalink
‘(B) ADJUSTMENT FORMULA- CommentsClose CommentsPermalink
‘(i) IN GENERAL- If the Administrator adjusts under this paragraph the number of emission allowances established pursuant to paragraph (1), the number of emission allowances the Administrator establishes for any given calendar year shall equal the product of-- CommentsClose CommentsPermalink
‘(I) United States greenhouse gas emissions in 2005, expressed in tons of carbon dioxide equivalent; CommentsClose CommentsPermalink
‘(II) the percent of United States greenhouse gas emissions in 2005, expressed in tons of carbon dioxide equivalent, that would have been subject to section 722 if the requirements of this title for the given calendar year had been in effect in 2005; and CommentsClose CommentsPermalink
‘(III) the percentage set forth for that calendar year in section 703(a), or determined under clause (ii) of this subparagraph. CommentsClose CommentsPermalink
‘(ii) TARGETS- In applying the portion of the formula in clause (i)(III) of this subparagraph, for calendar years for which a percentage is not listed in section 703(a), the Administrator shall use a uniform annual decline in the amount of emissions between the years that are specified. CommentsClose CommentsPermalink
‘(iii) CARBON DIOXIDE EQUIVALENT VALUE- If the Administrator adjusts under this paragraph the number of emission allowances established pursuant to paragraph (1), the Administrator shall use the carbon dioxide equivalent values established pursuant to section 712. CommentsClose CommentsPermalink
‘(iv) LIMITATION ON ADJUSTMENT TIMING- Once a calendar year has started, the Administrator may not adjust the number of emission allowances to be established for that calendar year. CommentsClose CommentsPermalink
‘(C) LIMITATION ON ADJUSTMENT AUTHORITY- The Administrator may adjust under this paragraph the number of emission allowances to be established pursuant to paragraph (1) only once. CommentsClose CommentsPermalink
‘(f) Compensatory Allowance- CommentsClose CommentsPermalink
‘(1) IN GENERAL- The regulations promulgated under subsection (h) shall provide for the establishment and distribution of compensatory allowances for-- CommentsClose CommentsPermalink
‘(A) the destruction, in 2012 or later, of fluorinated gases that are greenhouse gases if-- CommentsClose CommentsPermalink
‘(i) allowances or offset credits were retired for their production or importation; and CommentsClose CommentsPermalink
‘(ii) such gases are not required to be destroyed under any other provision of law; CommentsClose CommentsPermalink
‘(B) the nonemissive use, in 2012 or later, of petroleum-based or coal-based liquid or gaseous fuel, petroleum coke, natural gas liquid, or natural gas as a feedstock, if allowances or offset credits were retired for the greenhouse gases that would have been emitted from their combustion; and CommentsClose CommentsPermalink
‘(C) the conversionary use, in 2012 or later, of fluorinated gases in a manufacturing process, including semiconductor research or manufacturing, if allowances or offset credits were retired for the production or importation of such gas. CommentsClose CommentsPermalink
‘(2) ESTABLISHMENT AND DISTRIBUTION- CommentsClose CommentsPermalink
‘(A) IN GENERAL- Not later than 90 days after the end of each calendar year, the Administrator shall establish and distribute to the entity taking the actions described in subparagraph (A), (B), or (C) of paragraph (1) a quantity of compensatory allowances equivalent to the number of tons of carbon dioxide equivalent of avoided emissions achieved through such actions. In establishing the quantity of compensatory allowances, the Administrator shall take into account the carbon dioxide equivalent value of any greenhouse gas resulting from such action. CommentsClose CommentsPermalink
‘(B) SOURCE OF ALLOWANCES- Compensatory allowances established under this subsection shall not be emission allowances established under subsection (a). CommentsClose CommentsPermalink
‘(C) IDENTIFICATION NUMBERS- The Administrator shall assign to each compensatory allowance established under subparagraph (A) a unique identification number. CommentsClose CommentsPermalink
‘(3) DEFINITIONS- For purposes of this subsection-- CommentsClose CommentsPermalink
‘(A) the term ‘destruction’ means the conversion of a greenhouse gas by thermal, chemical, or other means to another gas or set of gases with little or no carbon dioxide equivalent value; CommentsClose CommentsPermalink
‘(B) the term ‘nonemissive use’ means the use of fossil fuel as a feedstock in an industrial or manufacturing process to the extent that greenhouse gases are not emitted from such process, and to the extent that the products of such process are not intended for use as, or to be contained in, a fuel; and CommentsClose CommentsPermalink
‘(C) the term ‘conversionary use’ means the conversion during research or manufacturing of a fluorinated gas into another greenhouse gas or set of gases with a lower carbon dioxide equivalent value. CommentsClose CommentsPermalink
‘(4) FEEDSTOCK EMISSIONS STUDY- CommentsClose CommentsPermalink
‘(A) The Administrator may conduct a study to determine the extent to which petroleum-based or coal-based liquid or gaseous fuel, petroleum coke, natural gas liquid, or natural gas are used as feedstocks in manufacturing processes to produce products and the greenhouse gas emissions resulting from such uses. CommentsClose CommentsPermalink
‘(B) If as a result of such a study, the Administrator determines that the use of such products by noncovered sources results in substantial emissions of greenhouse gases or their precursors and that such emissions have not been adequately addressed under other requirements of this Act, the Administrator may, after notice and comment rulemaking, promulgate a regulation reducing compensatory allowances commensurately if doing so will not result in leakage. CommentsClose CommentsPermalink
‘(g) Fluorinated Gases Assessment- CommentsClose CommentsPermalink
‘(1) IN GENERAL- Not later than March 31, 2014, the Administrator shall conduct an assessment of the regulation of non-hydrofluorocarbon fluorinated gases under this title (excluding perfluorocarbon) to determine whether the most appropriateto determine whether the most appropriate point of regulation of those gases is at-- CommentsClose CommentsPermalink
‘(A) the gas manufacturer or importer level; or CommentsClose CommentsPermalink
‘(B) the downstream source of the emissions. CommentsClose CommentsPermalink
‘(2) MODIFICATION OF DEFINITION- If the Administrator determines, based on consideration of environmental effectiveness, cost-effectiveness, administrative feasibility, extent of coverage of emissions, and competitiveness considerations, that emissions of non-hydrofluorocarbon fluorinated gases (excluding perfluorocarbons) can best be regulated by designating downstream emission sources as covered entities with compliance obligations under section 722, the Administrator shall-- CommentsClose CommentsPermalink
‘(A) after providing notice and an opportunity for comment, modify the definition of the term ‘covered entity’ with respect to fluorinated gases (other than hydrofluorocarbons and perfluorocarbons) accordingly; and CommentsClose CommentsPermalink
‘(B) establish such requirements as are necessary to ensure compliance by the covered entities with the requirements of this title. CommentsClose CommentsPermalink
‘(h) Regulations- Not later than 24 months after the date of enactment of this title, the Administrator shall promulgate regulations to carry out the provisions of this title. CommentsClose CommentsPermalink
‘SEC. 722. PROHIBITION OF EXCESS EMISSIONS.
‘(a) Prohibition- Except as provided in subsection (c), effective January 1, 2012, each covered entity is prohibited from emitting greenhouse gases, and having attributable greenhouse gas emissions, in combination, in excess of its allowable emissions level. A covered entity’s allowable emissions level for each calendar year is the number of emission allowances (or credits or other allowances as provided in subsection (d)) it holds as of 12:01 a.m. on April 1 (or a later date established by the Administrator under subsection (j)) of the following calendar year. CommentsClose CommentsPermalink
‘(b) Methods of Demonstrating Compliance- Except as otherwise provided in this section, the owner or operator of a covered entity shall not be considered to be in compliance with the prohibition in subsection (a) unless, as of 12:01 a.m. on April 1 (or a later date established by the Administrator under subsection (j)) of each calendar year starting in 2013, the owner or operator holds a quantity of emission allowances (or credits or other allowances as provided in subsection (d)) at least as great as the quantity calculated as follows: CommentsClose CommentsPermalink
‘(1) ELECTRICITY SOURCES- For a covered entity described in section 700(13)(A), 1 emission allowance for each ton of carbon dioxide equivalent of greenhouse gas that such covered entity emitted in the previous calendar year, excluding emissions resulting from the combustion of-- CommentsClose CommentsPermalink
‘(A) petroleum-based or coal-based liquid fuel; CommentsClose CommentsPermalink
‘(B) natural gas liquid; CommentsClose CommentsPermalink
‘(C) renewable biomass or gas derived from renewable biomass; or CommentsClose CommentsPermalink
‘(D) petroleum coke. CommentsClose CommentsPermalink
‘(2) FUEL PRODUCERS AND IMPORTERS- For a covered entity described in section 700(13)(B), 1 emission allowance for each ton of carbon dioxide equivalent of greenhouse gas that would be emitted from the combustion of any petroleum-based or coal-based liquid fuel, petroleum coke, or natural gas liquid, produced or imported by such covered entity during the previous calendar year for sale or distribution in interstate commerce, assuming no capture and sequestration of any greenhouse gas emissions. CommentsClose CommentsPermalink
‘(3) INDUSTRIAL GAS PRODUCERS AND IMPORTERS- For a covered entity described in section 700(13)(C), 1 emission allowance for each ton of carbon dioxide equivalent of fossil fuel-based carbon dioxide, nitrous oxide, or any other fluorinated gas that is a greenhouse gas (except for nitrogen trifluoride), or any combination thereof, produced or imported by such covered entity during the previous calendar year for sale or distribution in interstate commerce or released as fugitive emissions in the production of fluorinated gas. CommentsClose CommentsPermalink
‘(4) NITROGEN TRIFLUORIDE SOURCES- For a covered entity described in section 700(13)(D), 1 emission allowance for each ton of carbon dioxide equivalent of nitrogen trifluoride that such covered entity emitted in the previous calendar year. CommentsClose CommentsPermalink
‘(5) GEOLOGICAL SEQUESTRATION SITES- For a covered entity described in section 700(13)(E), 1 emission allowance for each ton of carbon dioxide equivalent of greenhouse gas that such covered entity emitted in the previous calendar year. CommentsClose CommentsPermalink
‘(6) INDUSTRIAL STATIONARY SOURCES- For a covered entity described in section 700(13)(F), (G), or (H), 1 emission allowance for each ton of carbon dioxide equivalent of greenhouse gas that such covered entity emitted in the previous calendar year, excluding emissions resulting from-- CommentsClose CommentsPermalink
‘(A) the combustion of petroleum-based or coal-based liquid fuel; CommentsClose CommentsPermalink
‘(B) the combustion of natural gas liquid; CommentsClose CommentsPermalink
‘(C) the combustion of renewable biomass or gas derived from renewable biomass; CommentsClose CommentsPermalink
‘(D) the combustion of petroleum coke; or CommentsClose CommentsPermalink
‘(E) the use of any fluorinated gas that is a greenhouse gas purchased for use at that covered entity, except for nitrogen trifluoride. CommentsClose CommentsPermalink
‘(7) INDUSTRIAL FOSSIL FUEL-FIRED COMBUSTION DEVICES- For a covered entity described in section 700(13)(I), 1 emission allowance for each ton of carbon dioxide equivalent of greenhouse gas that the devices emitted in the previous calendar year, excluding emissions resulting from the combustion of-- CommentsClose CommentsPermalink
‘(A) petroleum-based or coal-based liquid fuel; CommentsClose CommentsPermalink
‘(B) natural gas liquid; CommentsClose CommentsPermalink
‘(C) renewable biomass or gas derived from renewable biomass; or CommentsClose CommentsPermalink
‘(D) petroleum coke. CommentsClose CommentsPermalink
‘(8) NATURAL GAS LOCAL DISTRIBUTION COMPANIES- For a covered entity described in section 700(13)(J), 1 emission allowance for each ton of carbon dioxide equivalent of greenhouse gas that would be emitted from the combustion of the natural gas, and any other gas meeting the specifications for commingling with natural gas for purposes of delivery, that such entity delivered during the previous calendar year to customers that are not covered entities, assuming no capture and sequestration of that greenhouse gas. CommentsClose CommentsPermalink
‘(9) R&D FACILITIES- CommentsClose CommentsPermalink
‘(A) IN GENERAL- For a qualified R&D facility that emitted 25,000 tons per year or more carbon dioxide equivalent in the previous calendar year, 1 emission allowance for each ton of carbon dioxide equivalent of greenhouse gas that such facility emitted in the previous calendar year. CommentsClose CommentsPermalink
‘(B) TREATMENT- A qualified R&D facility shall be treated as a separate covered entity solely for purposes of applying the requirements of this subsection. CommentsClose CommentsPermalink
‘(10) ALGAE-BASED FUELS- Where carbon dioxide (or another greenhouse gas) generated by a covered entity is used as an input in the production of algae-based fuels, the Administrator shall ensure that emission allowances are required to be held either for the carbon dioxide generated by a covered entity used to grow the algae or for the portion of the carbon dioxide emitted from combustion of the fuel produced from such algae that is attributable to carbon dioxide generated by a covered entity, but not for both. CommentsClose CommentsPermalink
‘(11) FUGITIVE EMISSIONS- The greenhouse gas emissions to which paragraphs (1), (4), (6), and (7) apply shall not include fugitive emissions of greenhouse gas, except to the extent the Administrator determines that data on the carbon dioxide equivalent value of greenhouse gas in the fugitive emissions can be provided with sufficient precision, reliability, accessibility, and timeliness to ensure the integrity of emission allowances, the allowance tracking system, and the limits on emissions. CommentsClose CommentsPermalink
‘(12) EXPORT EXEMPTION- This section shall not apply to any petroleum-based or coal-based liquid fuel, petroleum coke, natural gas liquid, fossil fuel-based carbon dioxide, nitrous oxide, or fluorinated gas that is exported for sale or use. CommentsClose CommentsPermalink
‘(13) NATURAL GAS LIQUIDS- Notwithstanding subsection (a), if the owner or operator of a covered entity described in section 700(13)(B) that produces natural gas liquids does not take ownership of the liquids, and is not responsible for the distribution or use of the liquids in commerce, the owner of the liquids shall be responsible for compliance with this section, section 723, and other relevant sections of this title with respect to such liquids. In the regulations promulgated under section 721, the Administrator shall include such provisions with respect to such liquids as the Administrator determines are appropriate to determine and ensure compliance, and to penalize noncompliance. In such a case, the owner of the covered entity shall provide to the Administrator, in a manner to be determined by the Administrator, information regarding the quantity and ownership of liquids produced at the covered entity. CommentsClose CommentsPermalink
‘(14) APPLICATION OF MULTIPLE PARAGRAPHS- For a covered entity to which more than 1 of paragraphs (1) through (8) apply, all applicable paragraphs shall apply, except that not more than 1 emission allowance shall be required for the same emission. CommentsClose CommentsPermalink
‘(c) Phase-Iin of Prohibition- CommentsClose CommentsPermalink
‘(1) INDUSTRIAL STATIONARY SOURCES- The prohibition under subsection (a) shall first apply to a covered entity described in section 700(13)(D), (F), (G), (H), or (I), with respect to emissions occurring during calendar year 2014. CommentsClose CommentsPermalink
‘(2) SMALL BUSINESS REFINERS- The prohibition under subsection (a) shall first apply to a covered entity described in section 700(13)(F)(viii) that is a small business refiner with respect to emissions during calendar year 2015. CommentsClose CommentsPermalink
‘(3) NATURAL GAS LOCAL DISTRIBUTION COMPANIES- The prohibition under subsection (a) shall first apply to a covered entity described in section 700(13)(J) with respect to deliveries occurring during calendar year 2016. CommentsClose CommentsPermalink
‘(d) Additional Methods- In addition to using the method of compliance described in subsection (b), a covered entity may do the following: CommentsClose CommentsPermalink
‘(1) OFFSET CREDITS- CommentsClose CommentsPermalink
‘(A) CREDITS- CommentsClose CommentsPermalink
‘(i) IN GENERAL- Covered entities collectively may, in accordance with this paragraph, use offset credits to demonstrate compliance for up to a maximum of 2,000,000,000 tons of greenhouse gas emissions annually. CommentsClose CommentsPermalink
‘(ii) DEMONSTRATION OF COMPLIANCE- In any calendar year, a covered entity may demonstrate compliance by holding 1 domestic offset credit or 1.25 international offset credits in lieu of an emission allowance, except as provided in subparagraph (D), up to a total number of offset credits described in subparagraph (B). CommentsClose CommentsPermalink
‘(B) APPLICABLE PERCENTAGE- CommentsClose CommentsPermalink
‘(i) IN GENERAL- The total number of offset credits referred to in subparagraph (A)(ii) for a covered entity for a given calendar year shall be determined by-- CommentsClose CommentsPermalink
‘(I) dividing-- CommentsClose CommentsPermalink
‘(aa) the tons of carbon dioxide equivalent of greenhouse gas emissions of the covered entity (except for the types of emissions excluded under subparagraphs (A) through (D) of subsection (b)(1), subparagraphs (A) through (E) of subsection (b)(6), and subparagraphs (A) through (D) of subsection (b)(7)) and attributable greenhouse gas emissions for the year before the preceding calendar year; by CommentsClose CommentsPermalink
‘(bb) the sum of the tons of carbon dioxide equivalent of greenhouse gas emissions of all covered entities (except for the types of emissions excluded under subparagraphs (A) through (D) of subsection (b)(1), subparagraphs (A) through (E) of subsection (b)(6), and subparagraphs (A) through (D) of subsection (b)(7)) and attributable greenhouse gas emissions for the year before the preceding calendar year; and CommentsClose CommentsPermalink
‘(II) multiplying the quotient obtained under subclause (I) by 2,000,000,000. CommentsClose CommentsPermalink
‘(ii) APPLICABILITY- Clause (i) shall apply to a covered entity (including a covered entity that commenced operation during the preceding calendar year) even if the covered entity had no greenhouse gas emissions or attributable greenhouse gas emissions described in that clause. CommentsClose CommentsPermalink
‘(iii) OFFSET CREDITS- Not more than 3/4 of the applicable percentage under this paragraph may be used by holding domestic offset credits, and not more than 1/4 of the applicable percentage under this paragraph may be used by holding international offset credits, except as provided in subparagraph (C). CommentsClose CommentsPermalink
‘(C) MODIFIED PERCENTAGES- If the Administrator determines that domestic offset credits available for use in demonstrating compliance in any calendar year at domestic offset prices generally equal to or less than allowance prices, are likely to offset less than 900,000,000 tons of greenhouse gas emissions (measured in tons of carbon dioxide equivalents), the Administrator shall increase the percent of emissions that can be offset through the use of international offset credits (and decrease the percent of emissions that can be allowed through the use of domestic offset credits by the same amount) to reflect the amount that 1,500,000,000 exceeds the number of domestic offset credits the Administrator determines is available for that year, up to a maximum of 750,000,000 tons of greenhouse gas emissions. CommentsClose CommentsPermalink
‘(D) INTERNATIONAL OFFSET CREDITS- Notwithstanding subparagraph (A), to demonstrate compliance prior to calendar year 2018, a covered entity may use 1 international offset credit in lieu of an emission allowance up to the amount permitted under this paragraph. CommentsClose CommentsPermalink
‘(E) President’S RECOMMENDATION- The President may make a recommendation to Congress as to whether the number 2,000,000,000 specified in subparagraphs (A) and (B) should be increased or decreased. CommentsClose CommentsPermalink
‘(2) TERM OFFSET CREDITS- CommentsClose CommentsPermalink
‘(A) IN GENERAL- Covered entities may, in accordance with this paragraph, use non-expired term offset credits instead of domestic offset credits for purposes of temporarily demonstrating compliance with this section. CommentsClose CommentsPermalink
‘(B) AMOUNT- The combined quantity of term offset credits and domestic offset credits used by a covered entity to demonstrate compliance for its emissions or attributable greenhouse gas emissions in any given year shall not exceed the quantity of domestic offset credits that a covered entity is entitled to use for that year to demonstrate compliance in accordance with paragraph (1). CommentsClose CommentsPermalink
‘(C) EXPIRATION- A term offset credit shall expire in the year after its term ends. The term of a term offset credit shall be calculated by adding to the year of issuance the number of years equal to the length of the crediting period for the practice or project for which the term offset credit was issued, but in no case shall be later than the date 5 years from the date of issuance. CommentsClose CommentsPermalink
‘(D) DEMONSTRATING COMPLIANCE UPON EXPIRATION OF TERM OFFSET CREDIT- With respect to the emissions for which a covered entity is using term offset credits to demonstrate compliance temporarily with this section, the owner or operator of a covered entity shall not be considered to be in compliance with the prohibition in subsection (a) unless, as of 12:01 a.m. on April 1 (or a later date established by the Administrator under subsection (j)) of the calendar year in which a term offset credit expires, the owner or operator holds-- CommentsClose CommentsPermalink
‘(i) for purposes of finally demonstrating compliance, an allowance or a domestic offset credit; or CommentsClose CommentsPermalink
‘(ii) for purposes of temporarily demonstrating compliance, a non-expired term offset credit. CommentsClose CommentsPermalink
‘(E) INAPPLICABILITY OF PERCENTAGE LIMITATIONS- Domestic offset credits used for purposes of finally demonstrating compliance under this subparagraph shall not be subject to the percentage limitations in subparagraph (B). CommentsClose CommentsPermalink
‘(F) FINANCIAL ASSURANCE- A covered entity may not use a term offset credit to demonstrate compliance temporarily unless it simultaneously provides to the Administrator financial assurance that, at the end of the term offset credit‘s crediting term, the covered entity will have sufficient resources to obtain the quantity of allowances or credits necessary to demonstrate final compliance. The Administrator shall issue regulations establishing requirements for such financial assurance, which shall take into account the increased risk associated with longer crediting terms. These regulations shall take into account the total number of tons of carbon dioxide equivalent of greenhouse gas emissions for which a covered entity is demonstrating compliance temporarily, and may set a limit on this amount. In the event that a covered entity that used term offset credits to demonstrate compliance temporarily fails to meet the requirements of subparagraph (D) at the end of the term offset credits’ crediting term, if the financial assurance mechanism fails to provide to the Administrator the number of allowances or offset credits for which the crediting term has expired, then the Administrator shall retire that number of allowances with the vintage year 2 years after the year in which the term offset credit expires in the same amount. Allowances so retired shall not be counted as emission allowances established for that calendar year under section 721(a). CommentsClose CommentsPermalink
‘(3) INTERNATIONAL EMISSION ALLOWANCES- To demonstrate compliance, a covered entity may hold an international emission allowance in lieu of an emission allowance, except as modified under section 728(d). CommentsClose CommentsPermalink
‘(4) COMPENSATORY ALLOWANCES- To demonstrate compliance, a covered entity may hold a compensatory allowance obtained under section 721(f) in lieu of an emission allowance. CommentsClose CommentsPermalink
‘(e) Retirement of Allowances and Credits- As soon as practicable after a deadline established for covered entities to demonstrate compliance with this title, the Administrator shall retire the quantity of allowances or credits required to be held under this title. CommentsClose CommentsPermalink
‘(f) Alternative Metrics- For categories of covered entities described in subparagraph (B), (C), (D), (G), (H), or (I) of section 700(13), the Administrator may, by rule, establish an applicability threshold for inclusion under those subparagraphs using an alternative metric and level, provided that such metric and level are easier to administer and cover the same size and type of sources as the threshold defined in such subparagraphs. CommentsClose CommentsPermalink
‘(g) Threshold Review- For each category of covered entities described in subparagraph (B), (C), (D), (G), (H), or (I) of section 700(13), the Administrator shall, in 2020 and once every 8 years thereafter, review the carbon dioxide equivalent emission thresholds that are used to define covered entities. After consideration of-- CommentsClose CommentsPermalink
‘(1) emissions from covered entities in each such category, and from other entities of the same type that emit less than the threshold amount for the category (including emission sources that commence operation after the date of enactment of this title that are not covered entities); and CommentsClose CommentsPermalink
‘(2) whether greater greenhouse gas emission reductions can be cost-effectively achieved by lowering the applicable threshold, CommentsClose CommentsPermalink
the Administrator may by rule lower such threshold to not less than 10,000 tons of carbon dioxide equivalent emissions. In determining the cost effectiveness of potential reductions from lowering the threshold for covered entities, the Administrator shall consider alternative regulatory greenhouse gas programs, including setting standards under other titles of this Act. CommentsClose CommentsPermalink
‘(h) Designated Representatives- The regulations promulgated under section 721(h) shall require that each covered entity, and each entity holding allowances or credits or receiving allowances or credits from the Administrator under this title, select a designated representative. CommentsClose CommentsPermalink
‘(i) Education and Outreach- CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Administrator shall establish and carry out a program of education and outreach to assist covered entities, especially entities having little experience with environmental regulatory requirements similar or comparable to those under this title, in preparing to meet the compliance obligations of this title. Such program shall include education with respect to using markets to effectively achieve such compliance. CommentsClose CommentsPermalink
‘(2) FAILURE TO RECEIVE INFORMATION- A failure to receive information or assistance under this subsection may not be used as a defense against an allegation of any violation of this title. CommentsClose CommentsPermalink
‘(j) Adjustment of Deadline- The Administrator may, by rule, establish a deadline for demonstrating compliance, for a calendar year, later than the date provided in subsection (a), as necessary to ensure the availability of emissions data, but in no event shall the deadline be later than June 1. CommentsClose CommentsPermalink
‘(k) Notice Requirement for Covered Entities Receiving Natural Gas From Natural Gas Local Distribution Companies- The owner or operator of a covered entity that takes delivery of natural gas from a natural gas local distribution company shall, not later than September 1 of each calendar year, notify such natural gas local distribution company in writing that such entity will qualify as a covered entity under this title for that calendar year. CommentsClose CommentsPermalink
‘(l) Compliance Obligation- For purposes of this title, the year of a compliance obligation is the year in which compliance is determined, not the year in which the greenhouse gas emissions occur or the covered entity has attributable greenhouse gas emissions. CommentsClose CommentsPermalink
‘SEC. 723. PENALTY FOR NONCOMPLIANCE.
‘(a) Enforcement- A violation of any prohibition of, requirement of, or regulation promulgated pursuant to this title shall be a violation of this Act. It shall be a violation of this Act for a covered entity to emit greenhouse gases, and have attributable greenhouse gas emissions, in combination, in excess of its allowable emissions level as provided in section 722(a). Each ton of carbon dioxide equivalent for which a covered entity fails to demonstrate compliance under section 722(b) shall be a separate violation. In the event that a covered entity fails to demonstrate compliance at the expiration of a term of offset credits crediting term as required by section 722(d)(2)(D), the year of the violation shall be the year in which the term offset credit expires. CommentsClose CommentsPermalink
‘(b) Excess Emissions Penalty- CommentsClose CommentsPermalink
‘(1) IN GENERAL- The owner or operator of any covered entity that fails for any year to comply, on the deadline described in section 722(a) or (j), shall be liable for payment to the Administrator of an excess emissions penalty in the amount described in paragraph (2). CommentsClose CommentsPermalink
‘(2) AMOUNT- The amount of an excess emissions penalty required to be paid under paragraph (1) shall be equal to the product obtained by multiplying-- CommentsClose CommentsPermalink
‘(A) the tons of carbon dioxide equivalent of greenhouse gas emissions or attributable greenhouse gas emissions for which the owner or operator of a covered entity failed to comply under section 722(b) on the deadline; by CommentsClose CommentsPermalink
‘(B) twice the fair market value of emission allowances established for emissions occurring in the calendar year for which the emission allowances were due. CommentsClose CommentsPermalink
‘(3) TIMING- An excess emissions penalty required under this subsection shall be immediately due and payable to the Administrator, without demand, in accordance with regulations promulgated by the Administrator, which shall be issued not later than 2 years after the date of enactment of this title. CommentsClose CommentsPermalink
‘(4) NO EFFECT ON LIABILITY- An excess emissions penalty due and payable by the owners or operators of a covered entity under this subsection shall not diminish the liability of the owners or operators for any fine, penalty, or assessment against the owners or operators for the same violation under any other provision of this Act or any other law. CommentsClose CommentsPermalink
‘(c) Excess Emissions Allowances- The owner or operator of a covered entity that fails for any year to comply on the deadline described in section 722(a) or (j) shall be liable to offset the covered entity’s excess combination of greenhouse gases emitted and attributable greenhouse gas emissions by an equal quantity of emission allowances during the following calendar year, or such longer period as the Administrator may prescribe. During the year in which the covered entity failed to comply, or any year thereafter, the Administrator may deduct the emission allowances required under this subsection to offset the covered entity’s excess actual or attributable emissions. CommentsClose CommentsPermalink
‘SEC. 724. TRADING.
‘(a) Permitted Transactions- Except as otherwise provided in this title, the lawful holder of an emission allowance, compensatory allowance, or offset credit may, without restriction, sell, exchange, transfer, hold for compliance in accordance with section 722, or request that the Administrator retire the emission allowance, compensatory allowance, or offset credit. CommentsClose CommentsPermalink
‘(b) No Restriction on Transactions- The privilege of purchasing, holding, selling, exchanging, transferring, and requesting retirement of emission allowances, compensatory allowances, or offset credits shall not be restricted to the owners and operators of covered entities, except as otherwise provided in this title. CommentsClose CommentsPermalink
‘(c) Effectiveness of Allowance Transfers- No transfer of an allowance or offset credit shall be effective for purposes of this title until a certification of the transfer, signed by the designated representative of the transferor, is received and recorded by the Administrator in accordance with regulations promulgated under section 721(h). CommentsClose CommentsPermalink
‘(d) Allowance Tracking System- The regulations promulgated under section 721(h) shall include a system for issuing, recording, holding, and tracking allowances, offset credits, and term offset credits that shall specify all necessary procedures and requirements for an orderly and competitive functioning of the allowance and offset credit markets. Such regulations shall provide for appropriate publication of the information in the system on the Internet. CommentsClose CommentsPermalink
‘SEC. 725. BANKING AND BORROWING.
‘(a) Banking- An emission allowance may be used to comply with section 722 or 723 for emissions in-- CommentsClose CommentsPermalink
‘(1) the vintage year for the allowance; or CommentsClose CommentsPermalink
‘(2) any calendar year subsequent to the vintage year for the allowance. CommentsClose CommentsPermalink
‘(b) Expiration- CommentsClose CommentsPermalink
‘(1) REGULATIONS- The Administrator may establish by regulation criteria and procedures for determining whether, and for implementing a determination that, the expiration of an allowance, credit, or term offset credit established or issued by the Administrator under this title, or expiration of the ability to use an international emission allowance to comply with section 722, is necessary to ensure the authenticity and integrity of allowances, credits, or term offset credits or the allowance tracking system. CommentsClose CommentsPermalink
‘(2) GENERAL RULE- An allowance, credit, or term offset credit established or issued by the Administrator under this title shall not expire unless-- CommentsClose CommentsPermalink
‘(A) it is retired by the Administrator as required under this title; or CommentsClose CommentsPermalink
‘(B) it is determined to expire or to have expired by a specific date by the Administrator in accordance with regulations promulgated under paragraph (1). CommentsClose CommentsPermalink
‘(3) INTERNATIONAL EMISSION ALLOWANCES- The ability to use an international emission allowance to comply with section 722 shall not expire unless-- CommentsClose CommentsPermalink
‘(A) the allowance is retired by the Administrator as required by this title; or CommentsClose CommentsPermalink
‘(B) the ability to use such allowance to meet such compliance obligation requirements is determined to expire or to have expired by a specific date by the Administrator in accordance with regulations promulgated under paragraph (1). CommentsClose CommentsPermalink
‘(c) Borrowing Future Vintage Year Allowances- CommentsClose CommentsPermalink
‘(1) BORROWING WITHOUT INTEREST- In addition to the uses described in subsection (a), an emission allowance may be used to comply with section 722(a) or 723 for emissions, production, importation, manufacture, or deliveries in the calendar year immediately preceding the vintage year for the allowance. CommentsClose CommentsPermalink
‘(2) BORROWING WITH INTEREST- CommentsClose CommentsPermalink
‘(A) IN GENERAL- A covered entity may demonstrate compliance under subsection (b) in a specific calendar year for up to 15 percent of its emissions by holding emission allowances with a vintage year 1 to 5 years later than that calendar year. CommentsClose CommentsPermalink
‘(B) LIMITATIONS- An emission allowance borrowed pursuant to this paragraph shall be an emission allowance that is established by the Administrator for a specific future calendar year under section 721(a) and that is held by the borrower. CommentsClose CommentsPermalink
‘(C) PREPAYMENT OF INTEREST- For each emission allowance that an owner or operator of a covered entity borrows pursuant to this paragraph, such owner or operator shall, at the time it borrows the allowance, hold for retirement by the Administrator a quantity of emission allowances that is equal to the product obtained by multiplying-- CommentsClose CommentsPermalink
‘(i) 0.08; by CommentsClose CommentsPermalink
‘(ii) the number of years between the calendar year in which the allowance is being used to satisfy a compliance obligation and the vintage year of the allowance. CommentsClose CommentsPermalink
‘SEC. 726. MARKET STABILITY RESERVE.
‘(a) Market Stability Reserve Auctions- CommentsClose CommentsPermalink
‘(1) IN GENERAL- Once each quarter of each calendar year for which allowances are established under section 721(a), the Administrator shall auction market stability reserve allowances. CommentsClose CommentsPermalink
‘(2) RESTRICTION TO COVERED ENTITIES- In each auction conducted under paragraph (1), only covered entities that the Administrator expects will be required to comply with section 722 in the following calendar year shall be eligible to make purchases. CommentsClose CommentsPermalink
‘(b) Pool of Emission Allowances for Market Stability Reserve Auctions- CommentsClose CommentsPermalink
‘(1) FILLING THE MARKET STABILITY RESERVE INITIALLY-‘(A) IN GENERAL- The Administrator shall, not later than 2 years after the date of enactment of this title, establish a market stability reserve account, and shall place in that account an amount of emission allowances established under section 721(a).‘(B) EFFECT ON OTHER PROVISIONS- Any provision in this title (except for subparagraph (B) of this paragraph) that refers to a quantity or percentage of the emission allowances established for a calendar year under section 721(a) shall be considered to refer to the amount of emission allowances as determined pursuant to section 721(e), less any emission allowances established for that year that are placed in the market stability reserve account under this paragraph quantity of emission allowances established under section 771(d)(9). CommentsClose CommentsPermalink
‘(2) SUPPLEMENTING THE MARKET STABILITY RESERVE- The Administrator shall also-- CommentsClose CommentsPermalink
‘(A) at the end of each calendar year, transfer to the market stability reserve account each emission allowance that was offered for sale but not sold at any auction conducted under section 778; and CommentsClose CommentsPermalink
‘(B) transfer emission allowances established under subsection (g) from auction proceeds, and deposit them into the market stability reserve, to the extent necessary to maintain the reserve at its original size. CommentsClose CommentsPermalink
‘(c) Minimum Market Stability Reserve Auction Price- CommentsClose CommentsPermalink
‘(1) IN GENERAL- At each market stability reserve auction, the Administrator shall offer emission allowances for sale beginning at a minimum price per emission allowance, which shall be known as the ‘minimum market stability reserve auction price’. CommentsClose CommentsPermalink
‘(2) INITIAL MINIMUM MARKET STABILITY RESERVE AUCTION PRICES- The minimum market stability reserve auction price shall be $28 (in constant 2005 dollars) for the market stability reserve auctions held in 2012. For the market stability reserve auctions held in 2013 through 2017, the minimum market stability reserve auction price shall be the market stability reserve auction price for the previous year increased by 5 percent plus the rate of inflation (as measured by the Consumer Price Index for All Urban Consumers). CommentsClose CommentsPermalink
‘(3) MINIMUM MARKET STABILITY RESERVE AUCTION PRICE IN SUBSEQUENT YEARS- For each market stability reserve auction held in 2018 and each year thereafter, the minimum market stability reserve auction price shall be the market stability reserve auction price for the previous year increased by 7 percent, plus the rate of inflation (as measured by the Consumer Price Index for All Urban Consumers). CommentsClose CommentsPermalink
‘(d) Quantity of Emission Allowances Released From the Market Stability Reserve- CommentsClose CommentsPermalink
‘(1) INITIAL LIMITS- Subject to paragraph (4), for each of calendar years 2012 through 2016, the annual limit on the number of emission allowances from the market stability reserve account that may be auctioned is an amount equal to 15 percent of the emission allowances established for that calendar year under section 721(a). This limit does not apply to offset credits sold on consignment pursuant to subsection (h). CommentsClose CommentsPermalink
‘(2) LIMITS IN SUBSEQUENT YEARS- Subject to paragraph (4), for calendar year 2017 and each year thereafter, the annual limit on the number of emission allowances from the market stability reserve account that may be auctioned is an amount equal to 25 percent of the emission allowances established for that calendar year under section 721(a). This limit does not apply to offset credits sold on consignment pursuant to subsection (h). CommentsClose CommentsPermalink
‘(3) ALLOCATION OF LIMITATION- One-fourth of each year’s annual market stability reserve auction limit under this subsection shall be made available for auction in each quarter. Any allowances from the market stability reserve account that are made available for sale in a quarterly auction and not sold shall be rolled over and added to the quantity available for sale in the following quarter, except that allowances not sold at auction in the fourth quarter of a year shall not be rolled over to the following calendar year’s auctions, but shall be returned to the market stability reserve account. CommentsClose CommentsPermalink
‘(4) AUTHORITY TO ADJUST LIMITATION- The Administrator may adjust the limits in paragraphs (1) or (2) if the Administrator determines an adjustment is required to prevent disruptively high prices or to preserve the integrity of the market stability reserve. CommentsClose CommentsPermalink
‘(e) Purchase Limit- CommentsClose CommentsPermalink
‘(1) IN GENERAL- Except as provided in paragraph (2) or (3), the annual number of emission allowances that a covered entity may purchase at the market stability reserve auctions in each calendar year shall not exceed 20 percent of the covered entity’s emissions during the most recent year for which allowances or credits were retired under section 722. CommentsClose CommentsPermalink
‘(2) 2012 LIMIT- For calendar year 2012, the maximum aggregate number of emission allowances that a covered entity may purchase from that year’s market stability reserve auctions shall be 20 percent of the covered entity’s greenhouse gas emissions that the covered entity reported to the registry established under section 713 for 2011 and that would be subject to section 722(a) if occurring in later calendar years. CommentsClose CommentsPermalink
‘(3) NEW ENTRANTS- The Administrator shall, by regulation, establish a separate purchase limit applicable to entities that expect to become a covered entity in the year of the auction, permitting them to purchase emission allowances at the market stability reserve auctions in their first calendar year of operation in an amount of at least 20 percent of their expected combined emissions and attributable greenhouse gas emissions for that year. CommentsClose CommentsPermalink
‘(f) Delegation or Contract- Pursuant to regulations under this section, the Administrator may, by delegation or contract, provide for the conduct of market stability reserve auctions under the Administrator’s supervision by other departments or agencies of the Federal Government or by nongovernmental agencies, groups, or organizations. CommentsClose CommentsPermalink
‘(g) Use of Auction Proceeds- CommentsClose CommentsPermalink
‘(1) DEPOSIT IN MARKET STABILITY RESERVE FUND- The proceeds from market stability reserve auctions shall be placed in the Market Stability Reserve Fund established by subsection (j), and shall be available without further appropriation or fiscal year limitation for the purposes described in this subsection. CommentsClose CommentsPermalink
‘(2) OFFSET CREDITS- The Administrator shall use the proceeds from each market stability reserve auction to purchase offset credits, including domestic offset credits and international offset credits issued for reduced deforestation activities pursuant to section 753pursuant to section 744. The Administrator shall retire those offset credits and establish a number of emission allowances equal to the number of international offset credits so retired. Emission allowances established under this paragraph shall be in addition to those established under section 721(a). CommentsClose CommentsPermalink
‘(3) EMISSION ALLOWANCES- The Administrator shall deposit emission allowances established under paragraph (2) in the market stability reserve, except that, with respect to any such emission allowances in excess of the amount necessary to fill the market stability reserve to its original size, the Administrator shall-- CommentsClose CommentsPermalink
‘(A) except as provided in subparagraph (B), assign a vintage year to the emission allowance, which shall be no earlier than the year in which the allowance is established under paragraph (2) and shall treat such allowances as ones that are not designated for distribution or auction; and CommentsClose CommentsPermalink
‘(B) to the extent any such allowances cannot be assigned a vintage year because of the limitation in paragraph (4), retire the allowances. CommentsClose CommentsPermalink
‘(4) LIMITATION- In no case may the Administrator assign under paragraph (3)(A) more emission allowances to a vintage year than the number of emission allowances from that vintage year that were placed in the market stability reserve account under subsection (b)(1). CommentsClose CommentsPermalink
‘(h) Availability of Offset Credits for Auction- CommentsClose CommentsPermalink
‘(1) IN GENERAL- The regulations promulgated under section 721(h) shall allow any entity holding offset credits to request that the Administrator include such offset credits in an upcoming market stability reserve auction. The regulations shall provide that-- CommentsClose CommentsPermalink
‘(A) upon sale of such offset credits, the Administrator shall retire those offset credits, and establish and provide to the purchasers a number of emission allowances equal to the number of offset credits so retired, which allowances shall be in addition to those established under section 721(a); and CommentsClose CommentsPermalink
‘(B) for offset credits sold pursuant to this subsection, the proceeds for the entity that offered the offset credits for sale shall be the lesser of-- CommentsClose CommentsPermalink
‘(i) the average daily closing price for offset credits sold on registered exchanges (or if such price is unavailable, the average price as determined by the Administrator) during the six months prior to the market stability reserve auction at which they were auctioned, with the remaining funds collected upon the sale of the offset credits deposited in the Treasury; and CommentsClose CommentsPermalink
‘(ii) the amount received for the offset credits at the auction. CommentsClose CommentsPermalink
‘(2) PROCEEDS- For offset credits sold pursuant to this subsection, notwithstanding
, or any other provision of law, within 90 days of receipt, the United States shall transfer the proceeds from the auction, as defined in paragraph (1)(D), to the entity that offered the offset credits for sale. No funds transferred from a purchaser to a seller of offset credits under this paragraph shall be held by any officer or employee of the United States or treated for any purpose as public monies. CommentsClose CommentsPermalink section 3302 of title 31, United States Code ‘(3) PRICING- When the Administrator acts under this subsection as the agent of an entity in possession of offset credits, the Administrator is not obligated to obtain the highest price possible for the offset credits, and instead shall auction such offset credits in the same manner and pursuant to the same rules (except as modified in paragraph (1)) as set forth for auctioning market stability reserve allowances. Entities requesting that such offset credits be offered for sale at a market stability reserve auction may not set a minimum reserve price for their offset credits that is different than the minimum market stability reserve auction price set pursuant to subsection (c). CommentsClose CommentsPermalink
‘(i) Initial Regulations- Not later than 24 months after the date of enactment of this title, the Administrator shall promulgate regulations, in consultation with other appropriate agencies, governing the auction of allowances under this section. Such regulations shall include the following requirements: CommentsClose CommentsPermalink
‘(1) FREQUENCY; FIRST AUCTION- Auctions shall be held four times per year at regular intervals, with the first auction to be held no later than March 31, 2012. CommentsClose CommentsPermalink
‘(2) AUCTION FORMAT- Auctions shall follow a single-round, sealed-bid, uniform price format. CommentsClose CommentsPermalink
‘(3) PARTICIPATION; FINANCIAL ASSURANCE- Auctions shall be open to any covered entity eligible to purchase emission allowances at the auction under subsection (a)(2), except that the Administrator may establish financial assurance requirements to ensure that auction participants can and will perform on their bids. CommentsClose CommentsPermalink
‘(4) DISCLOSURE OF BENEFICIAL OWNERSHIP- Each bidder in an auction shall be required to disclose the person or entity sponsoring or benefitting from the bidder’s participation in the auction if such person or entity is, in whole or in part, other than the bidder. CommentsClose CommentsPermalink
‘(5) PURCHASE LIMITS- No person may, directly or in concert with another participant, purchase more than 20 percent of the allowances offered for sale at any quarterly auction. CommentsClose CommentsPermalink
‘(6) PUBLICATION OF INFORMATION- After the auction, the Administrator shall, in a timely fashion, publish the identities of winning bidders, the quantity of allowances obtained by each winning bidder, and the auction clearing price. CommentsClose CommentsPermalink
‘(7) OTHER REQUIREMENTS- The Administrator may include in the regulations such other requirements or provisions as the Administrator, in consultation with other agencies as appropriate, considers appropriate to promote effective, efficient, transparent, and fair administration of auctions under this section. CommentsClose CommentsPermalink
‘(j) Market Stability Reserve Fund- There are established in the Treasury of the United States a fund to be known as the ‘Market Stability Reserve Fund’. CommentsClose CommentsPermalink
‘(k) Revision of Regulations- The Administrator may, at any time, in consultation with other agencies as appropriate, revise the initial regulations promulgated under subsection (i). Such revised regulations need not meet the requirements identified in subsection (i) if the Administrator determines that an alternative auction design would be more effective, taking into account factors including costs of administration, transparency, fairness, and risks of collusion or manipulation. In determining whether and how to revise the initial regulations under this subsection, the Administrator shall not consider maximization of revenues to the Federal Government. CommentsClose CommentsPermalink
‘SEC. 727. PERMITS.
‘(a) Permit Program- For stationary sources subject to title V of this Act, that are covered entities, the provisions of this title shall be implemented by permits issued to such covered entities (and enforced) in accordance with the provisions of title V, as modified by this title. Any such permit issued by the Administrator, or by a State with an approved permit program, shall require the owner or operator of a covered entity to hold emission allowances or offset credits at least equal to the total annual amount of carbon dioxide equivalents for its combined emissions and attributable greenhouse gas emissions to which section 722 applies. No such permit shall be issued that is inconsistent with the requirements of this title, and title V as applicable. Nothing in this section regarding compliance plans or in title V shall be construed as affecting allowances or offset credits. Submission of a statement by the owner or operator, or the designated representative of the owners and operators, of a covered entity that the owners and operators will hold emission allowances or offset credits for the entity’s combined emissions and attributable greenhouse gas emissions to which section 722 applies shall be deemed to meet the proposed and approved planning requirements of title V. Recordation by the Administrator of transfers of emission allowances shall amend automatically all applicable proposed or approved permit applications, compliance plans, and permits. CommentsClose CommentsPermalink
‘(b) Multiple Owners- No permit shall be issued under this section and no allowances or offset credits shall be disbursed under this title to a covered entity or any other person until the designated representative of the owners or operators has filed a certificate of representation with regard to matters under this title, including the holding and distribution of emission allowances and the proceeds of transactions involving emission allowances. Where there are multiple holders of a legal or equitable title to, or a leasehold interest in, such a covered entity or other entity or where a utility or industrial customer purchases power under a long-term power purchase contract from an independent power production facility that is a covered entity, the certificate shall state-- CommentsClose CommentsPermalink
‘(1) that emission allowances and the proceeds of transactions involving emission allowances will be deemed to be held or distributed in proportion to each holder’s legal, equitable, leasehold, or contractual reservation or entitlement; or CommentsClose CommentsPermalink
‘(2) if such multiple holders have expressly provided for a different distribution of emission allowances by contract, that emission allowances and the proceeds of transactions involving emission allowances will be deemed to be held or distributed in accordance with the contract. CommentsClose CommentsPermalink
A passive lessor, or a person who has an equitable interest through such lessor, whose rental payments are not based, either directly or indirectly, upon the revenues or income from the covered entity or other entity shall not be deemed to be a holder of a legal, equitable, leasehold, or contractual interest for the purpose of holding or distributing emission allowances as provided in this subsection, during either the term of such leasehold or thereafter, unless expressly provided for in the leasehold agreement. Except as otherwise provided in this subsection, where all legal or equitable title to or interest in a covered entity, or other entity, is held by a single person, the certificate shall state that all emission allowances received by the entity are deemed to be held for that person. CommentsClose CommentsPermalink
‘(c) Prohibition- It shall be unlawful for any person to operate any stationary source subject to the requirements of this section except in compliance with the terms and requirements of a permit issued by the Administrator or a State with an approved permit program in accordance with this section. For purposes of this subsection, compliance, as provided in section 504(f), with a permit issued under title V which complies with this title for covered entities shall be deemed compliance with this subsection as well as section 502(a). CommentsClose CommentsPermalink
‘(d) Reliability- Nothing in this section or title V shall be construed as requiring termination of operations of a stationary source that is a covered entity for failure to have an approved permit, or compliance plan, that is consistent with the requirements in the second and fifth sentences of subsection (a) concerning the holding of emission allowances, compensatory allowances, international emission allowances, or offset allowances, except that any such covered entity may be subject to the applicable enforcement provision of section 113. CommentsClose CommentsPermalink
‘(e) Regulations- The Administrator shall promulgate regulations to implement this section. To provide for permits required under this section, each State in which one or more stationary sources and that are covered entities are located shall submit, in accordance with this section and title V, revised permit programs for approval. CommentsClose CommentsPermalink
‘SEC. 728. INTERNATIONAL EMISSION ALLOWANCES.
‘(a) Qualifying Programs- The Administrator, in consultation with the Secretary of State, may by rule designate an international climate change program as a qualifying international program if-- CommentsClose CommentsPermalink
‘(1) the program is run by a national or supranational foreign government, and imposes a mandatory absolute tonnage limit on greenhouse gas emissions from 1 or more foreign countries, or from 1 or more economic sectors in such a country or countries; and CommentsClose CommentsPermalink
‘(2) the program is at least as stringent as the program established by this title, including provisions to ensure at least comparable monitoring, compliance, enforcement, quality of offsets, and restrictions on the use of offsets. CommentsClose CommentsPermalink
‘(b) Disqualified Allowances- An international emission allowance may not be held under section 722(d)(3) if it is in the nature of an offset instrument or allowance awarded based on the achievement of greenhouse gas emission reductions or avoidance, or greenhouse gas sequestration, that are not subject to the mandatory absolute tonnage limits referred to in subsection (a)(1). CommentsClose CommentsPermalink
‘(c) Retirement- CommentsClose CommentsPermalink
‘(1) ENTITY CERTIFICATION- The owner or operator of an entity that holds an international emission allowance under section 722(d)(3) shall certify to the Administrator that such international emission allowance has not previously been used to comply with any foreign, international, or domestic greenhouse gas regulatory program. CommentsClose CommentsPermalink
‘(2) RETIREMENT- CommentsClose CommentsPermalink
‘(A) FOREIGN AND INTERNATIONAL REGULATORY ENTITIES- The Administrator, in consultation with the Secretary of State, shall seek, by whatever means appropriate, including agreements and technical cooperation on allowance tracking, to ensure that any relevant foreign, international, and domestic regulatory entities-- CommentsClose CommentsPermalink
‘(i) are notified of the use, for purposes of compliance with this title, of any international emission allowance; and CommentsClose CommentsPermalink
‘(ii) provide for the disqualification of such international emission allowance for any subsequent use under the relevant foreign, international, or domestic greenhouse gas regulatory program, regardless of whether such use is a sale, exchange, or submission to satisfy a compliance obligation. CommentsClose CommentsPermalink
‘(B) DISQUALIFICATION FROM FURTHER USE- The Administrator shall ensure that, once an international emission allowance has been disqualified or otherwise used for purposes of compliance with this title, such allowance shall be disqualified from any further use under this title. CommentsClose CommentsPermalink
‘(d) Use Limitations- The Administrator may, by rule, modify the percentage applicable to international emission allowances under section 722(d)(3), consistent with the purposes of the Clean Energy Jobs and American Power Act. CommentsClose CommentsPermalink
‘PART D--OFFSETS
‘SEC. 731. OFFSETS INTEGRITY ADVISORY BOARD.
‘(a) Establishment- Not later than 30 days after the date of enactment of this title, the President shall establish an independent Offsets Integrity Advisory Board. The Advisory Board shall make recommendations to the President for use in promulgating and revising regulations under this part, and for ensuring the overall environmental integrity of the programs established pursuant to those regulations. CommentsClose CommentsPermalink
‘(b) Membership- The Advisory Board shall be comprised of at least nine members. Each member shall be qualified by education, training, and experience to evaluate scientific and technical information on matters referred to the Board under this section. The President shall appoint Advisory Board members, including a chair and vice-chair of the Advisory Board. Terms shall be 3 years in length, except for initial terms, which may be up to 5 years in length to allow staggering. Members may be reappointed only once for an additional 3-year term, and such second term may follow directly after a first term. CommentsClose CommentsPermalink
‘(c) Activities- The Advisory Board established pursuant to subsection (a) shall-- CommentsClose CommentsPermalink
‘(1) provide recommendations, not later than 90 days after the Advisory Board’s establishment and periodically thereafter, to the President regarding offset project types that should be considered for eligibility under section 733, taking into consideration relevant scientific and other issues, including-- CommentsClose CommentsPermalink
‘(A) the availability of a representative data set for use in developing the activity baseline; CommentsClose CommentsPermalink
‘(B) the potential for accurate quantification of greenhouse gas reduction, avoidance, or sequestration for an offset project type; CommentsClose CommentsPermalink
‘(C) the potential level of scientific and measurement uncertainty associated with an offset project type; CommentsClose CommentsPermalink
‘(D) any beneficial or adverse environmental, public health, welfare, social, economic, or energy effects associated with an offset project type; CommentsClose CommentsPermalink
‘(E) the extent to which, as of the date of submission of the report, the project or activity types within each category-- CommentsClose CommentsPermalink
‘(i) are required by law (including a regulation); or CommentsClose CommentsPermalink
‘(ii) represent business-as-usual (absent funding from offset credits) practices for a relevant land area, industry sector, or forest, soil or facility type; CommentsClose CommentsPermalink
‘(2) make available to the President its advice and comments on offset methodologies that should be considered under regulations promulgated pursuant to subsection (a) and (b) of section 734, including methodologies to address the issues of additionality, activity baselines, measurement, leakage, uncertainty, permanence, and environmental integrity; CommentsClose CommentsPermalink
‘(3) make available to the President, and other relevant Federal agencies, its advice and comments regarding scientific, technical, and methodological issues specific to the issuance of international offset credits under section 744; CommentsClose CommentsPermalink
‘(4) make available to the President, and other relevant Federal agencies, its advice and comments regarding scientific, technical, and methodological issues associated with the implementation of this part; CommentsClose CommentsPermalink
‘(5) make available to the President its advice and comments on areas in which further knowledge is required to appraise the adequacy of existing, revised, or proposed methodologies for use under this part, and describe the research efforts necessary to provide the required information; and CommentsClose CommentsPermalink
‘(6) make available to the President its advice and comments on other ways to improve or safeguard the environmental integrity of programs established under this part. CommentsClose CommentsPermalink
‘(d) Scientific Review of Offset and Deforestation Reduction Programs- Not later than January 1, 2017, and at five-year intervals thereafter, the Advisory Board shall submit to the President and make available to the public an analysis of relevant scientific and technical information related to this part. The Advisory Board shall review approved and potential methodologies, scientific studies, offset project monitoring, offset project verification reports, and audits related to this part, and evaluate the net emissions effects of implemented offset projects. The Advisory Board shall recommend changes to offset methodologies, protocols, or project types, or to the overall offset program under this part, to ensure that offset credits issued by the President do not compromise the integrity of the annual emission reductions established under section 703, and to avoid or minimize adverse effects to human health or the environment. CommentsClose CommentsPermalink
‘SEC. 732. ESTABLISHMENT OF OFFSETS PROGRAM.
‘(a) Regulations- Not later than 2 years after the date of enactment of this title, the President, in consultation with appropriate Federal agencies and taking into consideration the recommendations of the Advisory Board, shall promulgate regulations establishing a program for the issuance of offset credits in accordance with the requirements of this part. The President shall periodically revise these regulations as necessary to meet the requirements of this part. CommentsClose CommentsPermalink
‘(b) Requirements- The regulations described in subsection (a) shall-- CommentsClose CommentsPermalink
‘(1) authorize the issuance of offset credits with respect to qualifying offset projects that result in reductions or avoidance of greenhouse gas emissions, or sequestration of greenhouse gases; CommentsClose CommentsPermalink
‘(2) ensure that such offset credits represent verifiable and additional greenhouse gas emission reductions or avoidance, or increases in sequestration; CommentsClose CommentsPermalink
‘(3) ensure that offset credits issued for sequestration offset projects are only issued for greenhouse gas reductions that are permanent; CommentsClose CommentsPermalink
‘(4) provide for the implementation of the requirements of this part; CommentsClose CommentsPermalink
‘(5) include as reductions in greenhouse gases reductions achieved through the destruction of methane and its conversion to carbon dioxide, and reductions achieved through destruction of chlorofluorocarbons or other ozone depleting substances, if permitted by the President under section 619(b)(9) and subject to the conditions specified in section 619(b)(9), based on the carbon dioxide equivalent value of the substance destroyed; and CommentsClose CommentsPermalink
‘(6) establish a process to accept and respond to comments from third parties regarding programs established under this part in a timely manner. CommentsClose CommentsPermalink
‘(c) Coordination Tto Minimize Negative Effects- In promulgating and implementing regulations under this part, the President shall act (including by rejecting projects, if necessary) to avoid or minimize, to the maximum extent practicable, adverse effects on human health or the environment resulting from the implementation of offset projects under this part. CommentsClose CommentsPermalink
‘(d) Offset Registry- The President shall establish within the allowance tracking system established under section 724(d) an Offset Registry for qualifying offset projects and offset credits issued with respect thereto under this part. CommentsClose CommentsPermalink
‘(e) Legal Status of Offset Credit- An offset credit does not constitute a property right. CommentsClose CommentsPermalink
‘(f) Fees- The President shall assess fees payable by offset project developers in an amount necessary to cover the administrative costs and the enforcement costs to the Environmental Protection Agency and the Department of Justice of carrying out the activities under this part. Amounts collected for such fees shall be available to the President and the Attorney General for carrying out the activities under this part to the extent provided in advance in appropriations Acts. CommentsClose CommentsPermalink
‘(g) Secretary of Agriculture- The President shall designate the Secretary of Agriculture to serve as the lead agency in-- CommentsClose CommentsPermalink
‘(1) the implementation of elements of the offset program, in coordination with the Administrator, for agriculture and forestry projects in the United States authorized under this part, including project types and methodologies; and CommentsClose CommentsPermalink
‘(2) working directly with farmers, ranchers, and foresters to implement agriculture and forestry projects. CommentsClose CommentsPermalink
‘SEC. 733. ELIGIBLE PROJECT TYPES.
‘(a) List of Eligible Project Types- CommentsClose CommentsPermalink
‘(1) IN GENERAL- As part of the regulations promulgated under section 732(a), the President shall establish, and may periodically revise, a list of types of projects eligible to generate offset credits, including international offset credits, under this part. CommentsClose CommentsPermalink
‘(2) ADVISORY BOARD RECOMMENDATIONS- In determining the eligibility of project types, the President shall take into consideration the recommendations of the Advisory Board. If a list established under this section differs from the recommendations of the Advisory Board, the regulations promulgated under section 732(a) shall include a justification for the discrepancy. CommentsClose CommentsPermalink
‘(3) INITIAL DETERMINATION- The President shall establish the initial eligibility list under paragraph (1) not later than one year after the date of enactment of this title for which there are well developed methodologies that the President determines would meet the criteria of section 734. CommentsClose CommentsPermalink
‘(4) PROJECT TYPES TO BE CONSIDERED FOR INITIAL LIST- In determining the initial list, the President shall give priority to consideration of offset project types that are recommended by the Advisory Board and for which there are well developed methodologies that the President determines would meet the criteria of section 734, and shall consider-- CommentsClose CommentsPermalink
‘(A) methane collection and combustion projects at active underground coal mines; CommentsClose CommentsPermalink
‘(B) methane collection and combustion projects at landfills; CommentsClose CommentsPermalink
‘(C) capture of venting, flaring, and fugitive emissions from oil and natural gas systems; CommentsClose CommentsPermalink
‘(D) nonlandfill methane collection, combustion and avoidance projects involving organic waste streams that would have otherwise emitted methane in the atmosphere, including manure management and biogas capture and combustion; CommentsClose CommentsPermalink
‘(E) projects involving afforestation or reforestation of acreage not forested as of January 1, 2009; CommentsClose CommentsPermalink
‘(F) forest management resulting in an increase in forest carbon stores, including harvested wood products; CommentsClose CommentsPermalink
‘(G) agricultural, grassland, and rangeland sequestration and management practices, including-- CommentsClose CommentsPermalink
‘(i) altered tillage practices, including avoided abandonment of such practices; CommentsClose CommentsPermalink
‘(ii) winter cover cropping, continuous cropping, and other means to increase biomass returned to soil in lieu of planting followed by fallowing; CommentsClose CommentsPermalink
‘(iii) reduction of nitrogen fertilizer use or increase in nitrogen use efficiency; CommentsClose CommentsPermalink
‘(iv) reduction in the frequency and duration of flooding of rice paddies; CommentsClose CommentsPermalink
‘(v) reduction in carbon emissions from organic soils; CommentsClose CommentsPermalink
‘(vi) reduction in greenhouse gas emissions from manure and effluent; CommentsClose CommentsPermalink
‘(vii) reduction in greenhouse gas emissions due to changes in animal management practices, including dietary modifications; CommentsClose CommentsPermalink
‘(viii) planting and cultivation of permanent tree crops; CommentsClose CommentsPermalink
‘(ix) greenhouse gas emission reductions from improvements and upgrades to mobile or stationary equipment (including engines); CommentsClose CommentsPermalink
‘(x) practices to reduce and eliminate soil tillage; CommentsClose CommentsPermalink
‘(xi) reductions in greenhouse gas emissions through restoration of wetlands, forestland, and grassland; and CommentsClose CommentsPermalink
‘(xii) sequestration of greenhouse gases through management of tree crops; and CommentsClose CommentsPermalink
‘(H) changes in carbon stocks attributed to land use change and forestry activities, including-- CommentsClose CommentsPermalink
‘(i) management of peatland or wetland; CommentsClose CommentsPermalink
‘(ii) conservation of grassland and forested land; CommentsClose CommentsPermalink
‘(iii) improved forest management, including accounting for carbon stored in wood products; CommentsClose CommentsPermalink
‘(iv) reduced deforestation or avoided forest conversion; CommentsClose CommentsPermalink
‘(v) urban tree-planting and maintenance; CommentsClose CommentsPermalink
‘(vi) agroforestry; and CommentsClose CommentsPermalink
‘(vii) adaptation of plant traits or new technologies that increase sequestration by forests. CommentsClose CommentsPermalink
‘(5) METHODOLOGIES- In issuing methodologies pursuant to section 734, the President shall give priority to methodologies for offset types included on the initial eligibility list. CommentsClose CommentsPermalink
‘(b) Modification of List- The President-- CommentsClose CommentsPermalink
‘(1) shall add additional project types to the list not later than 2 years after the date of enactment of this title; CommentsClose CommentsPermalink
‘(2) may at any time, by rule, add a project type to the list established under subsection (a) if the President, in consultation with appropriate Federal agencies and taking into consideration the recommendations of the Advisory Board, determines that the project type can generate additional reductions or avoidance of greenhouse gas emissions, or sequestration of greenhouse gases, subject to the requirements of this part; CommentsClose CommentsPermalink
‘(3) may at any time, by rule, determine that a project type on the list does not meet the requirements of this part, and remove a project type from the list established under subsection (a), in consultation with appropriate Federal agencies and taking into consideration any recommendations of the Advisory Board; and CommentsClose CommentsPermalink
‘(4) shall consider adding to or removing from the list established under subsection (a), at a minimum, project types proposed to the President-- CommentsClose CommentsPermalink
‘(A) by petition pursuant to subsection (c); or CommentsClose CommentsPermalink
‘(B) by the Advisory Board. CommentsClose CommentsPermalink
‘(c) Petition Process- Any person may petition the President to modify the list established under subsection (a) by adding or removing a project type pursuant to subsection (b). Any such petition shall include a showing by the petitioner that there is adequate data to establish that the project type does or does not meet the requirements of this part. Not later than 12 months after receipt of such a petition, the President shall either grant or deny the petition and publish a written explanation of the reasons for the President’s decision. The President may not deny a petition under this subsection on the basis of inadequate Environmental Protection Aagency resources or time for review. CommentsClose CommentsPermalink
‘SEC. 734. REQUIREMENTS FOR OFFSET PROJECTS.
‘(a) Methodologies- As part of the regulations promulgated under section 732(a), the President shall establish, for each type of offset project listed as eligible under section 733, the following: CommentsClose CommentsPermalink
‘(1) ADDITIONALITY- A standardized methodology for determining the additionality of greenhouse gas emission reductions or avoidance, or greenhouse gas sequestration, achieved by an offset project of that type. Such methodology shall ensure, at a minimum, that any greenhouse gas emission reduction or avoidance, or any greenhouse gas sequestration, is considered additional only to the extent that it results from activities that-- CommentsClose CommentsPermalink
‘(A) are not required by or undertaken to comply with any law, including any regulation or consent order; CommentsClose CommentsPermalink
‘(B) were not commenced prior to January 1, 2009, except in the case of-- CommentsClose CommentsPermalink
‘(i) offset project activities that commenced after January 1, 2001, and were registered as of the date of enactment of this title under an offset program with respect to which the President has made an affirmative determination under section 740(a)(2); or CommentsClose CommentsPermalink
‘(ii) activities that are readily reversible, with respect to which the President may set an alternative earlier date under this subparagraph that is not earlier than January 1, 2001, where the President determines that setting such an alternative date may produce an environmental benefit by removing an incentive to cease and then reinitiate activities that began prior to January 1, 2009; CommentsClose CommentsPermalink
‘(C) are not receiving support under section 323 of division A, or section 2076 of division B, of the Clean Energy Jobs and American Power Act; and CommentsClose CommentsPermalink
‘(D) exceed the activity baseline established under paragraph (2). CommentsClose CommentsPermalink
‘(2) ACTIVITY BASELINES- A standardized methodology for establishing activity baselines for offset projects of that type. The President shall set activity baselines to reflect a conservative estimate of business-as-usual performance or practices for the relevant type of activity such that the baseline provides an adequate margin of safety to ensure the environmental integrity of offsets calculated in reference to such baseline. CommentsClose CommentsPermalink
‘(3) QUANTIFICATION METHODS- A standardized methodology for determining the extent to which greenhouse gas emission reductions or avoidance, or greenhouse gas sequestration, achieved by an offset project of that type exceed a relevant activity baseline, including protocols for monitoring and accounting for uncertainty. CommentsClose CommentsPermalink
‘(4) LEAKAGE- A standardized methodology for accounting for and mitigating potential leakage, if any, from an offset project of that type, taking uncertainty into account. CommentsClose CommentsPermalink
‘(b) Accounting for Reversals- CommentsClose CommentsPermalink
‘(1) IN GENERALACCOUNTING- CommentsClose CommentsPermalink
‘(A) IN GENERAL- After issuance of offset credits for a project, pursuant to section 733, the offset project developer shall, in a timely manner, report any reversal that occurs. CommentsClose CommentsPermalink
‘(B) INTENTIONAL REVERSALS- An offset project developer shall not engage in repeated intentional reversals. CommentsClose CommentsPermalink
‘(2) REGULATIONS- As part of the regulations promulgated under section 732(a), for each type of sequestration project listed under section 733, the President shall establish requirements to account for and address reversals, including-- CommentsClose CommentsPermalink
‘(A) a requirement to report any reversal with respect to an offset project for which offset credits have been issued under this part; CommentsClose CommentsPermalink
‘(B) provisions to require emission allowances to be held in amounts to fully compensate for greenhouse gas emissions attributable to reversals, and to assign responsibility for holding such emission allowances; CommentsClose CommentsPermalink
‘(C) provisions to discourage repeated intentional reversals by offset project developers, including but not limited to the assessment of administrative fees, temporary suspension, or disqualification of an offset project developer from the program; and CommentsClose CommentsPermalink
‘(D) any other provisions the President determines necessary to account for and address reversals. CommentsClose CommentsPermalink
‘(23) MECHANISMS- The President shall prescribe mechanisms to ensure that any sequestration with respect to which an offset credit is issued under this part results in a permanent net increase in sequestration, and that full account is taken of any actual or potential reversal of such sequestration, with an adequate margin of safety. The President shall prescribe at least one of the following mechanisms to meet the requirements of this paragraph: CommentsClose CommentsPermalink
‘(A) An offsets reserve, pursuant to paragraph (34). CommentsClose CommentsPermalink
‘(B) Insurance that provides for purchase and provision to the President for retirement of an amount of offset credits or emission allowances equal in number to the tons of carbon dioxide equivalents of greenhouse gas emissions released due to reversal. CommentsClose CommentsPermalink
‘(C) Another mechanism that the President determines satisfies the requirements of this part. CommentsClose CommentsPermalink
‘(34) OFFSETS RESERVE- CommentsClose CommentsPermalink
‘(A) IN GENERAL- An offsets reserve referred to in paragraph (23)(A) is a program under which, before issuance of offset credits under this part, the President shall subtract and reserve from the quantity to be issued a quantity of offset credits based on the risk of reversal. The President shall-- CommentsClose CommentsPermalink
‘(i) hold these reserved offset credits in the offsets reserve; and CommentsClose CommentsPermalink
‘(ii) register the holding of the reserved offset credits in the Offset Registry established under section 732(d). CommentsClose CommentsPermalink
‘(B) PROJECT REVERSAL- CommentsClose CommentsPermalink
‘(i) IN GENERAL- If a reversal has occurred with respect an offset project for which offset credits are reserved under this paragraph, the President shall remove offset credits or emission allowances from the offsets reserve and cancel them to fully account for the tons of carbon dioxide equivalent that are no longer sequestered. CommentsClose CommentsPermalink
‘(ii) INTENTIONAL REVERSALS- If the President determines that a reversal was intentional, the offset project developer for the relevant offset project shall place into the offsets reserve a quantity of offset credits, or combination of offset credits and emission allowances, equal in number to the number of reserve offset credits that were canceled due to the reversal pursuant to clause (i). CommentsClose CommentsPermalink
‘(iii) UNINTENTIONAL REVERSALS- If the President determines that a reversal was unintentional, the offset project developer for the relevant offset project shall place into the offsets reserve a quantity of offset credits, or combination of offset credits and emission allowances, equal in number to half the number of offset credits that were reserved for that offset project, or half the number of reserve offset credits that were canceled due to the reversal pursuant to clause (i), whichever is less. CommentsClose CommentsPermalink
‘(iv) PETITION- Any person may petition the President for a determination that an offsets reversal has occurred. Any such petition shall include a showing by the petitioner that there is adequate data or other evidence to support the petition. Not later than 90 days after the date of receipt of the petition, the President shall take final action determining either that the reversal has occurred or that the reversal has not occurred. Such determination shall be accompanied by a statement of the basis for the determination. CommentsClose CommentsPermalink
‘(C) USE OF RESERVED OFFSET CREDITS- Offset credits placed into the offsets reserve under this paragraph may not be used to comply with section 722. CommentsClose CommentsPermalink
‘(45) TERM OFFSET CREDITS- CommentsClose CommentsPermalink
‘(A) APPLICABILITY- With respect to a practice listed under section 733 that sequesters greenhouse gases and has a crediting period of not more than 5 years, the President may address reversals pursuant to this paragraph in lieu of permanently accounting for reversals pursuant to paragraphs (1) and (22) and (3). CommentsClose CommentsPermalink
‘(B) ACCOUNTING FOR REVERSALS- For such practices or projects implementing the practices described in subparagraph (A), the President shall require only reversals that occur during the crediting period to be accounted for and addressed pursuant to paragraphs (1) and (22) and (3). CommentsClose CommentsPermalink
‘(C) CREDITS ISSUED- For practices or projects regulated pursuant to subparagraph (B), the SecretaryPresident shall issue under section 737 a term offset credit, in lieu of an offset credit, for each ton of carbon dioxide equivalent that has been sequestered. CommentsClose CommentsPermalink
‘(c) Crediting Periods- CommentsClose CommentsPermalink
‘(1) IN GENERAL- As part of the regulations promulgated under section 732(a), for each offset project type, the President shall specify a crediting period, and establish provisions for petitions for new crediting periods, in accordance with this subsection. CommentsClose CommentsPermalink
‘(2) DURATION- CommentsClose CommentsPermalink
‘(A) IN GENERAL- The crediting period shall be not less than 5 and not greater than 10 years for any project type other than those involving sequestration or term offsets. CommentsClose CommentsPermalink
‘(B) FORESTRY PROJECTS- The crediting period for a forestry offset project shall not exceed 20 years. CommentsClose CommentsPermalink
‘(C) TERM OFFSET CREDITS- The crediting period for a term offset credit issued shall not exceed 5 years. CommentsClose CommentsPermalink
‘(3) ELIGIBILITY- An offset project shall be eligible to generate offset credits under this part only during the project’s crediting period. During such crediting period, the project shall remain eligible to generate offset credits, subject to the methodologies and project type eligibility list that applied as of the date of project approval under section 735, except as provided in paragraph (4). CommentsClose CommentsPermalink
‘(4) PETITION FOR NEW CREDITING PERIOD- An offset project developer may petition for a new crediting period to commence after termination of a crediting period, subject to the methodologies and project type eligibility list in effect at the time when such petition is submitted. A petition may not be submitted under this paragraph more than 18 months before the end of the pending crediting period. The President may grant such petition after public notice and opportunity for comment. The President may limit the number of new crediting periods available for projects of particular project types. CommentsClose CommentsPermalink
‘(d) Environmental Integrity- In establishing the requirements under this section, the President shall apply conservative assumptions or methods to maximize the certainty that the environmental integrity of the greenhouse gas limitations established under section 703 is not compromised. CommentsClose CommentsPermalink
‘(e) Pre-Eexisting Methodologies- In promulgating requirements under this section, the President shall give due consideration to methodologies for offset projects existing as of the date of enactment of this title. CommentsClose CommentsPermalink
‘(f) Added Project Types- The President shall establish methodologies described in subsection (a), and, as applicable, requirements and mechanisms for reversals as described in subsection (b), for any project type that is added to the list pursuant to section 733. CommentsClose CommentsPermalink
‘SEC. 735. APPROVAL OF OFFSET PROJECTS.
‘(a) Approval Petition- An offset project developer shall submit an offset project approval petition signed by a responsible official (who shall certify the accuracy of the information submitted) and providing such information as the President requires to determine whether the offset project is eligible for issuance of offset credits under rules promulgated pursuant to this part. CommentsClose CommentsPermalink
‘(b) Timing- An approval petition shall be submitted to the President under subsection (a) not later than the time at which an offset project’s first verification report is submitted under section 736. CommentsClose CommentsPermalink
‘(c) Approval Petition Requirements- As part of the regulations promulgated under section 732, the President shall include provisions for, and shall specify, the required components of an offset project approval petition required under subsection (a), which shall include-- CommentsClose CommentsPermalink
‘(1) designation of an offset project developer; CommentsClose CommentsPermalink
‘(2) designation of a party who is authorized to provide access to the appropriate officials or an authorized representative to the offset project; and CommentsClose CommentsPermalink
‘(3) any other information that the President considers to be necessary to achieve the purposes of this part. CommentsClose CommentsPermalink
‘(d) Approval and Notification- Not later than 90 days after receiving a complete approval petition under subsection (a), the President shall make the approval petition publicly available on the internet, approve or deny the petition in writing, and, if the petition is denied, provide the reasons for the denial and make the President’s decision publicly available on the internet. After an offset project is approved, the offset project developer shall not be required to resubmit an approval petition during the offset project’s crediting period, except as provided in section 734(c)(4). CommentsClose CommentsPermalink
‘(e) Appeal- The President shall establish procedures for appeal and review of determinations made under subsection (d). CommentsClose CommentsPermalink
‘(f) Voluntary Preapproval Review- The President may establish a voluntary preapproval review procedure, to allow an offset project developer to request the President to conduct a preliminary eligibility review for an offset project. Findings of such reviews shall not be binding upon the President. The voluntary preapproval review procedure-- CommentsClose CommentsPermalink
‘(1) shall require the offset project developer to submit such basic project information as the President requires to provide a meaningful review; and CommentsClose CommentsPermalink
‘(2) shall require a response from the President not later than 6 weeks after receiving a request for review under this subsection. CommentsClose CommentsPermalink
‘SEC. 736. VERIFICATION OF OFFSET PROJECTS.
‘(a) In General- As part of the regulations promulgated under section 732(a), the President shall establish requirements, including protocols, for verification of the quantity of greenhouse gas emission reductions or avoidance, or sequestration of greenhouse gases, resulting from an offset project. The regulations shall require that an offset project developer shall submit a report, prepared by a third-party verifier accredited under subsection (d), providing such information as the President requires to determine the quantity of greenhouse gas emission reductions or avoidance, or sequestration of greenhouse gas, resulting from the offset project. CommentsClose CommentsPermalink
‘(b) Schedule- The President shall prescribe a schedule for the submission of verification reports under subsection (a). CommentsClose CommentsPermalink
‘(c) Verification Report Requirements- The President shall specify the required components of a verification report required under subsection (a), which shall include-- CommentsClose CommentsPermalink
‘(1) the name and contact information for a designated representative for the offset project developer; CommentsClose CommentsPermalink
‘(2) the quantity of greenhouse gas reduced, avoided, or sequestered; CommentsClose CommentsPermalink
‘(3) the methodologies applicable to the project pursuant to section 734; CommentsClose CommentsPermalink
‘(4) a certification that the project meets the applicable requirements; CommentsClose CommentsPermalink
‘(5) a certification establishing that the conflict of interest requirements in the regulations promulgated under subsection (d)(1) have been complied with; and CommentsClose CommentsPermalink
‘(6) any other information that the President considers to be necessary to achieve the purposes of this part. CommentsClose CommentsPermalink
‘(d) Verifier Accreditation- CommentsClose CommentsPermalink
‘(1) IN GENERAL- As part of the regulations promulgated under section 732(a), the President shall establish a process and requirements for periodic accreditation of third-party verifiers to ensure that such verifiers are professionally qualified and have no conflicts of interest with offset project developers. CommentsClose CommentsPermalink
‘(2) STANDARDS- CommentsClose CommentsPermalink
‘(A) AMERICAN NATIONAL STANDARDS INSTITUTE ACCREDITATION- The President may accredit, or accept for purposes of accreditation under this subsection, verifiers accredited under the American National Standards Institute (ANSI) accreditation program in accordance with ISO 14065. The President shall accredit, or accept for accreditation, verifiers under this subparagraph only if the President finds that the American National Standards Institute accreditation program provides sufficient assurance that the requirements of this part will be met. CommentsClose CommentsPermalink
‘(B) EPA ACCREDITATION- As part of the regulations promulgated under section 732(a), the President may establish accreditation standards for verifiers under this subsection, and may establish related training and testing programs and requirements. CommentsClose CommentsPermalink
‘(3) PUBLIC ACCESSIBILITY- Each verifier meeting the requirements for accreditation in accordance with this subsection shall be listed in a publicly accessible database, which shall be maintained and updated by the President. CommentsClose CommentsPermalink
‘(4) REVOCATION- The regulations concerning accreditation of third-party verifiers required under paragraph (1) shall establish a process for the President to revoke the accreditation of any third-party verifier that the President finds fails to maintain professional qualifications or to avoid a conflict of interest, or for other good cause. CommentsClose CommentsPermalink
‘SEC. 737. ISSUANCE OF OFFSET CREDITS.
‘(a) Determination and Notification- Not later than 90 days after receiving a complete verification report under section 736, the President shall-- CommentsClose CommentsPermalink
‘(1) make the report publicly available on the Internet; CommentsClose CommentsPermalink
‘(2) make a determination of the quantity of greenhouse gas emissions reduced or avoided, or greenhouse gases sequestered, resulting from an offset project approved under section 735; and CommentsClose CommentsPermalink
‘(3) notify the offset project developer in writing of such determination and make such determination publicly available on the Internet. CommentsClose CommentsPermalink
‘(b) Issuance of Offset Credits- The President shall issue one offset credit to an offset project developer for each ton of carbon dioxide equivalent that the President has determined has been reduced, avoided, or sequestered during the period covered by a verification report submitted in accordance with section 736, only if-- CommentsClose CommentsPermalink
‘(1) the President has approved the offset project pursuant to section 735; and CommentsClose CommentsPermalink
‘(2) the relevant emissions reduction, avoidance, or sequestration has-- CommentsClose CommentsPermalink
‘(A) already occurred, during the offset project’s crediting period; and CommentsClose CommentsPermalink
‘(B) occurred after January 1, 2009. CommentsClose CommentsPermalink
‘(c) Appeal- The President shall establish procedures for appeal and review of determinations made under subsection (a). CommentsClose CommentsPermalink
‘(d) Timing- Offset credits meeting the criteria established in subsection (b) shall be issued not later than 2 weeks following the verification determination made by the President under subsection (a). CommentsClose CommentsPermalink
‘(e) Registration- The President shall assign a unique serial number to and register each offset credit to be issued in the Offset Registry established under section 732(d). CommentsClose CommentsPermalink
‘SEC. 738. AUDITS.
‘(a) In General- The President shall, on an ongoing basis, conduct random audits of offset projects and offset credits. The President shall conduct audits of the practices of third-party verifiers. In each year, the President shall conduct audits, at minimum, for a representative sample of project types and geographic areas. CommentsClose CommentsPermalink
‘(b) Delegation- The President may delegate to a State or tribal governmentIndian tribe the responsibility for conducting audits under this section if the President finds that the program proposed by the State or tribal governmentIndian tribe provides assurances equivalent to those provided by the auditing program of the President, and that the integrity of the offset program under this part will be maintained. Nothing in this subsection shall prevent the President from conducting any audit the President considers necessary and appropriate. CommentsClose CommentsPermalink
‘(c) Audit Requirements- As part of the regulations promulgated under section 732(a), the appropriate officials shall establish requirements and President shall establish requirements and protocols for an auditing program, whether undertaken by the appropriate officials or an authorizedPresident or an authorized representative, concerning project developers, third- party verifiers, and various components of the offsets programreports submitted by those persons, including the offset project approval petition and verification report. Such regulations shall include-- CommentsClose CommentsPermalink
‘(1) the components of the offset project, which shall be evaluated against the offset approval petition and the verification report; CommentsClose CommentsPermalink
‘(2) the minimum experience or training of the auditors; CommentsClose CommentsPermalink
‘(3) the form in which reports shall be completed; CommentsClose CommentsPermalink
‘(4) requirements for delegating auditing functions to States or tribal governmentIndian tribes, including requiring periodic reports from State or tribal governments or Indian tribes on their auditing activities and findings; and CommentsClose CommentsPermalink
‘(5) any other information that the appropriate officials considers to be necessary to achieve the purpose of the Act. CommentsClose CommentsPermalink
‘SEC. 739. PROGRAM REVIEW AND REVISION.
‘At least once every 5 years, the President shall review and, based on new or updated information and taking into consideration the recommendations of the Advisory Board, update and revise-- CommentsClose CommentsPermalink
‘(1) the list of eligible project types established under section 733; CommentsClose CommentsPermalink
‘(2) the methodologies established, including specific activity baselines, under section 734(a); CommentsClose CommentsPermalink
‘(3) the reversal requirements and mechanisms established or prescribed under section 734(b); CommentsClose CommentsPermalink
‘(4) measures to improve the accountability of the offsets program; and CommentsClose CommentsPermalink
‘(5) any other requirements established under this part to ensure the environmental integrity and effective operation of this part. CommentsClose CommentsPermalink
‘SEC. 740. EARLY OFFSET SUPPLY.
‘(a) Projects Registered Under Other Government-Rrecognized Programs- Except as provided in subsection (b) or (c), after public notice and opportunity for comment, the President shall issue one offset credit for each ton of carbon dioxide equivalent emissions reduced, avoided, or sequestered-- CommentsClose CommentsPermalink
‘(1) under an offset project that was started after January 1, 2001; CommentsClose CommentsPermalink
‘(2) for which a credit was issued under any regulatory or voluntary greenhouse gas emission offset program that the President determines-- CommentsClose CommentsPermalink
‘(A) was established under State or tribal law or regulation prior to January 1, 2009, or has been approved by the President pursuant to subsection (e); CommentsClose CommentsPermalink
‘(B) has developed offset project type standards, methodologies, and protocols through a public consultation process or a peer review process; CommentsClose CommentsPermalink
‘(C) has made available to the public standards, methodologies, and protocols that require that credited emission reductions, avoidance, or sequestration are permanent, additional, verifiable, and enforceable; CommentsClose CommentsPermalink
‘(D) requires that all emission reductions, avoidance, or sequestration be verified by a State regulatory agency or an accredited third-party independent verification body; CommentsClose CommentsPermalink
‘(E) requires that all credits issued are registered in a publicly accessible registry, with individual serial numbers assigned for each ton of carbon dioxide equivalent emission reductions, avoidance, or sequestration; and CommentsClose CommentsPermalink
‘(F) ensures that no credits are issued for activities for which the entity administering the program, or a program administrator or representative, has funded, solicited, or served as a fund administrator for the development of, the project or activity that caused the emission reduction, avoidance, or sequestration; and CommentsClose CommentsPermalink
‘(3) for which the credit described in paragraph (2) is transferred to the President. CommentsClose CommentsPermalink
‘(b) Ineligible Credits- Subsection (a) shall not apply to offset credits that have expired or have been retired, canceled, or used for compliance under a program established under State or tribal law or regulation. CommentsClose CommentsPermalink
‘(c) Limitation- Notwithstanding subsection (a)(1), offset credits shall be issued under this section-- CommentsClose CommentsPermalink
‘(1) only for reductions or avoidance of greenhouse gas emissions, or sequestration of greenhouse gases, or destruction of chlorofluorocarbons (subject to the conditions specified in section 619(b)(9) and based on the carbon dioxide equivalent value of the substance destroyed), that occur after January 1, 2009; and CommentsClose CommentsPermalink
‘(2) only until the date that is 3 years after the date of enactment of this title, or the date that regulations promulgated under section 732(a) take effect, whichever occurs sooner. CommentsClose CommentsPermalink
‘(d) Retirement of Credits- The President shall seek to ensure that offset credits described in subsection (a)(2) are retired for purposes of use under a program described in subsection (b). CommentsClose CommentsPermalink
‘(e) Other Programs- CommentsClose CommentsPermalink
‘(1) IN GENERAL- Offset programs that either-- CommentsClose CommentsPermalink
‘(A) were not established under State or tribal law; or CommentsClose CommentsPermalink
‘(B) were not established prior to January 1, 2009; CommentsClose CommentsPermalink
but that otherwise meet all of the criteria of subsection (a)(2) may apply to the President to be approved under this subsection as an eligible program for early offset credits under this section. CommentsClose CommentsPermalink
‘(2) APPROVAL- The President shall approve any such program that the President determines has criteria and methodologies of at least equal stringency to the criteria and methodologies of the programs established under State or tribal law that the President determines meet the criteria of subsection (a)(2). The President may shall approve types of offsets under any such program that are subject to criteria and methodologies of at least equal stringency to the criteria and methodologies for such types of offsets applied under the programs established under State or tribal law that the President determines meet the criteria of subsection (a)(2). The President shall make a determination on any application received under this subsection by not later than 180 days from the date of receipt of the application. CommentsClose CommentsPermalink
‘SEC. 741. ENVIRONMENTAL CONSIDERATIONS.
‘If the President lists forestry or other relevant land management-related offset projects as eligible offset project types under section 733, the President, in consultation with appropriate Federal agencies, shall promulgate regulations to establish criteria for such offset projects-- CommentsClose CommentsPermalink
‘(1) to ensure that native species are given primary consideration in such projects; CommentsClose CommentsPermalink
‘(2) to enhance biological diversity in such projects; CommentsClose CommentsPermalink
‘(3) to prohibit the use of federally designated or State-designated noxious weeds; CommentsClose CommentsPermalink
‘(4) to prohibit the use of a species listed by a regional or State, State, or tribal invasive plant authority within the applicable region or State, State, or land of Indian tribes; CommentsClose CommentsPermalink
‘(5) in the case of forestry offset projects, in accordance with widely accepted, environmentally sustainable forestry practices; CommentsClose CommentsPermalink
‘(6) to ensure that the offset project area was not converted from native ecosystems, such as a forest, grassland, scrubland or wetland, to generate offsets, unless such conversation took place at least 10 years prior to the date of enactment of this title or before January 1, 2009, whichever date is earlier; and CommentsClose CommentsPermalink
‘(7) to the maximum extent practicable, ensure that the use of offset credits would be eligible to satisfy emission reduction commitments made by the United States in multilateral agreements, such as the United Nations Framework Convention on Climate Change, done at New York on May 9, 1992 (or any successor agreement). CommentsClose CommentsPermalink
‘SEC. 742. TRADING.
‘Section 724 shall apply to the trading of offset credits. CommentsClose CommentsPermalink
‘SEC. 743. OFFICE OF OFFSETS INTEGRITY.
‘(a) Establishment- There is established within the Office of the Assistant Attorney General of the Environment and Natural Resources Division in the Department of Justice a Carbon Offsets Integrity Unit, to be headed by a Special Counsel (hereinafter referred to as the ‘Special Counsel’). The Carbon Offsets Integrity Unit and the Special Counsel shall be responsible to and shall report directly to the Assistant Attorney General of the Environment and Natural Resources Division. CommentsClose CommentsPermalink
‘(b) Appointment- The Special Counsel shall be appointed by the President, by and with the advice and consent of the Senate. CommentsClose CommentsPermalink
‘(c) Responsibilities- The Special Counsel shall-- CommentsClose CommentsPermalink
‘(1) supervise and coordinate investigations and civil enforcement within the Department of Justice of the carbon offsets program under this part; CommentsClose CommentsPermalink
‘(2) ensure that Federal law relating to civil enforcement of the carbon offsets program is used to the fullest extent authorized; and CommentsClose CommentsPermalink
‘(3) ensure that adequate resources are made available for the investigation and enforcement of civil violations of the carbon offsets program. CommentsClose CommentsPermalink
‘(d) Compensation- The Special Counsel shall be paid at the basic pay payable for level V of the Executive Schedule under
. CommentsClose CommentsPermalink section 5316 of title 5, United States Code ‘(e) Assignment of Personnel- There shall be assigned to the Carbon Offsets Integrity Unit such personnel as the Attorney General determines to be necessary to provide an appropriate level of enforcement activity in the area of carbon offsets. CommentsClose CommentsPermalink
‘SEC. 744. INTERNATIONAL OFFSET CREDITS.
‘(a) In General- The Administrator, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, may issue, in accordance with this section, international offset credits based on activities that reduce or avoid greenhouse gas emissions, or increase sequestration of greenhouse gases, in a developing country. Such credits may be issued for projects pursuant to the requirements of this part or as provided in subsection (c), (d), or (e). CommentsClose CommentsPermalink
‘(b) Issuance- CommentsClose CommentsPermalink
‘(1) REGULATIONS- Not later than 2 years after the date of enactment of this title, the Administrator, in consultation with the Secretary of State, the Administrator of the United States Agency for International Development, and any other appropriate Federal agency, and taking into consideration the recommendations of the Advisory Board, shall promulgate regulations for implementing this section, taking into consideration specific factors relevant to the determination of eligible international offset project types and the implementation of international methodologies for each offset type approved. Except as otherwise provided in this section, the issuance of international offset credits under this section shall be subject to the requirements of this part. CommentsClose CommentsPermalink
‘(2) REQUIREMENTS FOR INTERNATIONAL OFFSET CREDITS- The Administrator may issue international offset credits only if-- CommentsClose CommentsPermalink
‘(A) the United States is a party to a bilateral or multilateral agreement or arrangement that includes the country in which the project or measure achieving the relevant greenhouse gas emission reduction or avoidance, or greenhouse gas sequestration, has occurred; CommentsClose CommentsPermalink
‘(B) such country is a developing country; and CommentsClose CommentsPermalink
‘(C) such agreement or arrangement-- CommentsClose CommentsPermalink
‘(i) ensures that all of the requirements of this part apply to the issuance of international offset credits under this section; CommentsClose CommentsPermalink
‘(ii) provides for the appropriate distribution of international offset credits issued; and CommentsClose CommentsPermalink
‘(iii) provides that the offset project developer be eligible to receive service of process in the United States for the purpose of all civil and regulatory actions in Federal courts, if such service is made in accordance with the Federal rules for service of process in the States in which the case or regulatory action is brought. CommentsClose CommentsPermalink
‘(3) SUPPLEMENTAL INTERNATIONAL OFFSET CATEGORIES- CommentsClose CommentsPermalink
‘(A) IN GENERAL- In order to ensure a sufficient supply of international offsets and to reduce the cost of compliance with this title, the Administrator may establish categories of international offsets in addition to those described in subsections (c), (d), and (e), if-- CommentsClose CommentsPermalink
‘(i) for 2 consecutive years, the auction price for allowances reaches the market stability reserve auction price under section 726(c); and CommentsClose CommentsPermalink
‘(ii) the Administrator determines that the total amount of international offsets held by covered entities for each of the 2 years referred to in clause (i) does not exceed the limit on international offsets established under section 722(d)(31)(B)(iii). CommentsClose CommentsPermalink
‘(B) SUPPLEMENTAL CATEGORIES- CommentsClose CommentsPermalink
‘(i) IN GENERAL- Any supplemental categories of international offsets established pursuant to subparagraph (A) shall-- CommentsClose CommentsPermalink
‘(I) satisfy all applicable provisions of this part, including subsection (b)(2) of this section and sections 733 and 734; and CommentsClose CommentsPermalink
‘(II) meet the criteria described in clause (ii). CommentsClose CommentsPermalink
‘(ii) CRITERIA- The criteria referred to in clause (i)(II) are that-- CommentsClose CommentsPermalink
‘(I) the country in which the activities in the offset category would take place has developed and is implementing a low carbon development plan that includes provisions for the activities described in the offset category; CommentsClose CommentsPermalink
‘(II) the activities in the offset category are not activities included under subsection (c), (d) or (e); and CommentsClose CommentsPermalink
‘(III) the activities in the offset category satisfy specific criteria relevant to methodologies and institutional and technical capacities associated with developing country contexts to ensure adequate treatment of leakage, additionality, and permanence. CommentsClose CommentsPermalink
‘(c) Sector-Bbased Credits- CommentsClose CommentsPermalink
‘(1) IN GENERAL- In order to minimize the potential for leakage and to encourage countries to take nationally appropriate mitigation actions to reduce or avoid greenhouse gas emissions, or sequester greenhouse gases, the Administrator, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, shall-- CommentsClose CommentsPermalink
‘(A) identify sectors, or combinations of sectors, within specific countries with respect to which the issuance of international offset credits on a sectoral basis is appropriate; and CommentsClose CommentsPermalink
‘(B) issue international offset credits for such sectors only on a sectoral basis. CommentsClose CommentsPermalink
‘(2) IDENTIFICATION OF SECTORS- CommentsClose CommentsPermalink
‘(A) GENERAL RULE- For purposes of paragraph (1)(A), a sectoral basis shall be appropriate for activities-- CommentsClose CommentsPermalink
‘(i) in countries that have comparatively high greenhouse gas emissions, or comparatively greater levels of economic development; and CommentsClose CommentsPermalink
‘(ii) that, if located in the United States, would be within a sector subject to the compliance obligation under section 722. CommentsClose CommentsPermalink
‘(B) FACTORS- In determining the sectors and countries for which international offset credits should be awarded only on a sectoral basis, the Administrator, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, shall consider the following factors: CommentsClose CommentsPermalink
‘(i) The country’s gross domestic product. CommentsClose CommentsPermalink
‘(ii) The country’s total greenhouse gas emissions. CommentsClose CommentsPermalink
‘(iii) Whether the comparable sector of the United States economy is covered by the compliance obligation under section 722. CommentsClose CommentsPermalink
‘(iv) The heterogeneity or homogeneity of sources within the relevant sector. CommentsClose CommentsPermalink
‘(v) Whether the relevant sector provides products or services that are sold in internationally competitive markets. CommentsClose CommentsPermalink
‘(vi) The risk of leakage if international offset credits were issued on a project-level basis, instead of on a sectoral basis, for activities within the relevant sector. CommentsClose CommentsPermalink
‘(vii) The capability of accurately measuring, monitoring, reporting, and verifying the performance of sources across the relevant sector. CommentsClose CommentsPermalink
‘(viii) Such other factors as the Administrator, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, determines are appropriate to-- CommentsClose CommentsPermalink
‘(I) ensure the integrity of the United States greenhouse gas emissions limitations established under section 703; and CommentsClose CommentsPermalink
‘(II) encourage countries to take nationally appropriate mitigation actions to reduce or avoid greenhouse gas emissions, or sequester greenhouse gases. CommentsClose CommentsPermalink
‘(ix) The issuance of offsets for activities that are-- CommentsClose CommentsPermalink
‘(I) in addition to nationally appropriate mitigation actions taken by developing countries pursuant to the low-carbon development plans of the countries; and CommentsClose CommentsPermalink
‘(II) on a sectoral basis. CommentsClose CommentsPermalink
‘(3) SECTORAL BASIS- CommentsClose CommentsPermalink
‘(A) DEFINITION- In this subsection, the term ‘sectoral basis’ means the issuance of international offset credits only for the quantity of sector-wide reductions or avoidance of greenhouse gas emissions, or sector-wide increases in sequestration of greenhouse gases, achieved across the relevant sector or sectors of the economy relative to a baseline level of emissions established in an agreement or arrangement described in subsection (b)(2)(A) for the sector. CommentsClose CommentsPermalink
‘(B) BASELINE- The baseline for a sector shall-- CommentsClose CommentsPermalink
‘(i) be established at levels of greenhouse gas emissions lower than would occur under a business-as-usual scenario, taking into account relevant domestic or international policies or incentives to reduce greenhouse gas emissions; CommentsClose CommentsPermalink
‘(ii) be used to determine additionality and performance; CommentsClose CommentsPermalink
‘(iii) account for all significant sources of emissions from a sector; CommentsClose CommentsPermalink
‘(iv) be adjusted over time to reflect changing circumstances; CommentsClose CommentsPermalink
‘(v) be developed taking into consideration such factors as-- CommentsClose CommentsPermalink
‘(I) any established emissions performance level for the sector; CommentsClose CommentsPermalink
‘(II) the current performance of the sector in the country; CommentsClose CommentsPermalink
‘(III) expected future trends of the sector in the country; and CommentsClose CommentsPermalink
‘(IV) historical data and other factors to ensure additionality; and CommentsClose CommentsPermalink
‘(vi) be designed to produce significant deviations from business-as-usual emissions, consistent with nationally appropriate mitigation commitments or actions, in a way that equitably contributes to meeting thresholds identified in section 705(e)(2). CommentsClose CommentsPermalink
‘(d) Credits Issued by an International Body- CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Administrator, in consultation with the Secretary of State, may issue international offset credits in exchange for instruments in the nature of offset credits that are issued by an international body established pursuant to the United Nations Framework Convention on Climate Change, to a protocol to such Convention, or to a treaty that succeeds such Convention. The Administrator may issue international offset credits under this subsection only if, in addition to the requirements of subsection (b), the Administrator has determined that the international body that issued the instruments has implemented substantive and procedural requirements for the relevant project type that provide equal or greater assurance of the integrity of such instruments as is provided by the requirements of this part. Beginning on January 1, 2016, the Administrator shall issue no offset credit pursuant to this subsection if the activity generating the greenhouse gas emission reductions or avoidance, or greenhouse gas sequestration, occurs in a country and sector identified by the Administrator under subsection (c), unless the offset credit issued by the international body is consistent with section 744(c). CommentsClose CommentsPermalink
‘(2) RETIREMENT- The Administrator, in consultation with the Secretary of State, shall seek, by whatever means appropriate, including agreements, arrangements, or technical cooperation with the international issuing body described in paragraph (1), to ensure that such body-- CommentsClose CommentsPermalink
‘(A) is notified of the Administrator’s issuance, under this subsection, of an international offset credit in exchange for an instrument issued by such international body; and CommentsClose CommentsPermalink
‘(B) provides, to the extent feasible, for the disqualification of the instrument issued by such international body for subsequent use under any relevant foreign or international greenhouse gas regulatory program, regardless of whether such use is a sale, exchange, or submission to satisfy a compliance obligation. CommentsClose CommentsPermalink
‘(e) Offsets From Reduced Deforestation- CommentsClose CommentsPermalink
‘(1) REQUIREMENTS- The Administrator, in accordance with the regulations promulgated under subsection (b)(1) and an agreement or arrangement described in subsection (b)(2)(A), shall issue international offset credits for greenhouse gas emission reductions achieved through activities to reduce deforestation only if, in addition to the requirements of subsection (b)-- CommentsClose CommentsPermalink
‘(A) the activity occurs in-- CommentsClose CommentsPermalink
‘(i) a country listed by the Administrator pursuant to paragraph (2); CommentsClose CommentsPermalink
‘(ii) a Sstate or province listed by the Administrator pursuant to paragraph (5); or CommentsClose CommentsPermalink
‘(iii) a country listed by the Administrator pursuant to paragraph (6); CommentsClose CommentsPermalink
‘(B) except as provided in paragraph (5) or (6), the quantity of the international offset credits is determined by comparing the national emissions from deforestation relative to a national deforestation baseline for that country established, in accordance with an agreement or arrangement described in subsection (b)(2)(A), pursuant to paragraph (4); CommentsClose CommentsPermalink
‘(C) the reduction in emissions from deforestation has occurred before the issuance of the international offset credit and, taking into consideration relevant international standards, has been demonstrated using ground-based inventories, remote sensing technology, and other methodologies to ensure that all relevant carbon stocks are accounted; CommentsClose CommentsPermalink
‘(D) the Administrator has made appropriate adjustments, such as discounting for any additional uncertainty, to account for circumstances specific to the country, including its technical capacity described in paragraph (2)(A); CommentsClose CommentsPermalink
‘(E) the Administrator has determined that the country within which the activity occurs has in place a publicly available strategic plan that includes the criteria listed in paragraph (2)(C); CommentsClose CommentsPermalink
‘(F) the activity is designed, carried out, and managed-- CommentsClose CommentsPermalink
‘(i) in accordance with forest management practices that-- CommentsClose CommentsPermalink
‘(I) improve the livelihoods of forest communities; CommentsClose CommentsPermalink
‘(II) maintain the natural biodiversity, resilience, and carbon storage capacity of forests; and CommentsClose CommentsPermalink
‘(III) do not adversely impact the permanence of forest carbon stocks or emission reductions; CommentsClose CommentsPermalink
‘(ii) to promote or restore native forest species and ecosystems where practicable, and to avoid the introduction of invasive nonnative species; CommentsClose CommentsPermalink
‘(iii) in a manner that gives due regard to the rights and interests of local communities, indigenous peoples, forest-dependent communities, and vulnerable social groups; CommentsClose CommentsPermalink
‘(iv) with consultations with, and full participation of, local communities, indigenous peoples, and forest-dependent communities, in affected areas, as partners and primary stakeholders, prior to and during the design, planning, implementation, and monitoring and evaluation of activities; CommentsClose CommentsPermalink
‘(v) with transparent and equitable sharing of profits and benefits derived from offset credits with local communities, indigenous peoples, and forest-dependent communities; CommentsClose CommentsPermalink
‘(vi) with full transparency, third-party independent oversight, and public dissemination of related financial and contractual arrangements, and CommentsClose CommentsPermalink
‘(vii) so that the social and environmental impacts of these activities are monitored and reported in sufficient detail to allow appropriate officials to determine compliance with the requirements of this section; CommentsClose CommentsPermalink
‘(G) the reduction otherwise satisfies and is consistent with any relevant requirements established by an agreement reached under the auspices of the United Nations Framework Convention on Climate Change, done at New York on May 9, 1992; and CommentsClose CommentsPermalink
‘(H) in the case that offsets are determined by comparing the national emissions from deforestation relative to a national, state-level, or province-level deforestation baseline as provided in paragraph (4) or (5)-- CommentsClose CommentsPermalink
‘(i) a list of activities to reduce deforestation is provided to the Administrator and made publicly available; CommentsClose CommentsPermalink
‘(ii) the social and environmental impacts of these activities are monitored and reported in sufficient detail to allow the Administrator to determine compliance with the requirements of this section; and CommentsClose CommentsPermalink
‘(iii) the distribution of revenues for activities to reduce deforestation is transparent, subject to independent third-party oversight, and publicly disseminated. CommentsClose CommentsPermalink
‘(2) ELIGIBLE COUNTRIES- The Administrator, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, and in accordance with an agreement or arrangement described in subsection (b)(2)(A), shall establish, and periodically review and update, a list of the developing countries that have the capacity to participate in deforestation reduction activities at a national level, including-- CommentsClose CommentsPermalink
‘(A) the technical capacity to monitor, measure, report, and verify forest carbon fluxes for all significant sources of greenhouse gas emissions from deforestation with an acceptable level of uncertainty, as determined taking into account relevant internationally accepted methodologies, such as those established by the Intergovernmental Panel on Climate Change; CommentsClose CommentsPermalink
‘(B) the institutional capacity to reduce emissions from deforestation, including strong forest governance and mechanisms to ensure transparency and third-party independent oversight of offset activities and revenues, and the transparent and equitable distribution of offset revenues for local actions; and CommentsClose CommentsPermalink
‘(C) a land use or forest sector strategic plan that-- CommentsClose CommentsPermalink
‘(i) assesses national and local drivers of deforestation and forest degradation and identifies reforms to national policies needed to address them; CommentsClose CommentsPermalink
‘(ii) estimates the country’s emissions from deforestation and forest degradation; CommentsClose CommentsPermalink
‘(iii) identifies improvements in and a timeline for data collection, monitoring, and institutional capacity necessary to implement an effective national deforestation reduction program that meets the criteria set forth in this section (including a national deforestation baseline); CommentsClose CommentsPermalink
‘(iv) establishes a timeline for implementing the program and transitioning forest-based economies to low-emissions development pathways with respect to emissions from forest and land use activities; CommentsClose CommentsPermalink
‘(v) includes a national policy for consultations with, and full participation of, all stakeholders, especially indigenous and forest-dependent communities, in its design, planning, and implementation of activities, whether at the national or local level, to reduce deforestation in the country (including a national process for addressing grievances if stakeholders have been caused social, environmental, or economic harm); CommentsClose CommentsPermalink
‘(vi) provides for the distribution of revenues for activities to reduce deforestation transparently and publicly, subject to independent third-party oversight; and CommentsClose CommentsPermalink
‘(vii) includes a national platform or a type of registry for information relating to deforestation and degradation policy and program implementation processes, including a mechanism for the monitoring and reporting of the social and environmental impacts of those activities. CommentsClose CommentsPermalink
‘(3) PROTECTION OF INTERESTS- With respect to an agreement or arrangement described in subsection (b)(2)(A) with a country that addresses international offset credits under this subsection, the Administrator, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, shall undertake due diligence to ensure the establishment and enforcement by such country of legal regimes, processes, standards, and safeguards that-- CommentsClose CommentsPermalink
‘(A) give due regard to the rights and interests of local communities, indigenous peoples, forest-dependent communities, and vulnerable social groups; CommentsClose CommentsPermalink
‘(B) promote consultations with, and full participation of, forest-dependent communities and indigenous peoples in affected areas, as partners and primary stakeholders, prior to and during the design, planning, implementation, and monitoring and evaluation of activities; and CommentsClose CommentsPermalink
‘(C) encourage transparent and equitable sharing of profits and benefits derived from international offset credits with local communities, indigenous peoples, and forest-dependent communities. CommentsClose CommentsPermalink
‘(4) NATIONAL DEFORESTATION BASELINE- A national deforestation baseline established under this subsection shall-- CommentsClose CommentsPermalink
‘(A) be national in scope; CommentsClose CommentsPermalink
‘(B) be consistent with nationally appropriate mitigation commitments or actions with respect to deforestation, taking into consideration the average annual historical deforestation rates of the country during a period of at least 5 years, the applicable drivers of deforestation, and other factors to ensure that only reductions that are in addition to such commitments or actions will generate offsets; CommentsClose CommentsPermalink
‘(C) establish a trajectory that would result in zero net deforestation by not later than 20 years after the national deforestation baseline has been established, including a spatially explicit land use plan that identifies intact and primary forest areas and managed forest areas that are to remain while the country is reaching the zero net deforestation trajectory; CommentsClose CommentsPermalink
‘(D) be adjusted over time to take account of changing national circumstances; CommentsClose CommentsPermalink
‘(E) be designed to account for all significant sources of greenhouse gas emissions from deforestation in the country; and CommentsClose CommentsPermalink
‘(F) be consistent with the national deforestation baseline, if any, established for such country under section 753. CommentsClose CommentsPermalink
‘(5) STATE-LEVEL OR PROVINCE-LEVEL ACTIVITIES- CommentsClose CommentsPermalink
‘(A) ELIGIBLE STATES OR PROVINCES- The Administrator, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, shall establish, and periodically review and update, a list of Sstates or provinces in developing countries where-- CommentsClose CommentsPermalink
‘(i) the developing country is not included on the list of countries established pursuant to paragraph (6)(A); CommentsClose CommentsPermalink
‘(ii) the State or province is undertaking deforestation reduction activities; CommentsClose CommentsPermalink
‘(iii) the Sstate or province has the capacity to engage in deforestation reduction activities at the Sstate or province level, including-- CommentsClose CommentsPermalink
‘(I) the technical capacity to monitor and measure forest carbon fluxes for all significant sources of greenhouse gas emissions from deforestation with an acceptable amount of uncertainty, including a spatially explicit land use plan that identifies intact and primary forest areas and managed forest areas that are to remain while the country is reaching the zero net deforestation trajectory; and CommentsClose CommentsPermalink
‘(II) the institutional capacity to reduce emissions from deforestation, including strong forest governance and mechanisms to deliver forest conservation resources for local actions; CommentsClose CommentsPermalink
‘(iv) the Sstate or province meets the eligibility criteria in paragraphs (2) and (3) for the geographic area under its jurisdiction; and CommentsClose CommentsPermalink
‘(v) the country-- CommentsClose CommentsPermalink
‘(I) demonstrates that efforts are underway to transition to a national program within 5 years; or CommentsClose CommentsPermalink
‘(II) in the determination of the Administrator, is making a good-faith effort to develop a land use or forest sector strategic national plan or program that meets the criteria described in paragraph (2)(C). CommentsClose CommentsPermalink
‘(B) ACTIVITIES- The Administrator may issue international offset credits for greenhouse gas emission reductions achieved through activities to reduce deforestation at a Sstate or provincial level that meet the requirements of this section. Such credits shall be determined by comparing the emissions from deforestation within that Sstate or province relative to the State or province deforestation baseline for that State orstate or province deforestation baseline for that state or province established, in accordance with an agreement or arrangement described in subsection (b)(2)(A), pursuant to subparagraph (C) of this paragraph. CommentsClose CommentsPermalink
‘(C) STATE-LEVEL OR PROVINCE-LEVEL DEFORESTATION BASELINE- A Sstate-level or province-level deforestation baseline shall-- CommentsClose CommentsPermalink
‘(i) be consistent with any existing nationally appropriate mitigation commitments or actions for the country in which the activity is occurring, so that only reductions that are in addition to those commitments or actions will generate offsets; CommentsClose CommentsPermalink
‘(ii) be developed taking into consideration the average annual historical deforestation rates of the Sstate or province during a period of at least 5 years, relevant drivers of deforestation, and other factors to ensure additionality; CommentsClose CommentsPermalink
‘(iii) establish a trajectory that would result in zero net deforestation by not later than 20 years after the Sstate-level or province-level deforestation baseline has been established; and CommentsClose CommentsPermalink
‘(iv) be designed to account for all significant sources of greenhouse gas emissions from deforestation in the Sstate or province and adjusted to fully account for emissions leakage outside the Sstate or province through monitoring of major forested areas in the host country and other areas of the host country susceptible to leakage. CommentsClose CommentsPermalink
‘(D) PHASE- OUT- Beginning 5 years after the first calendar year for which a covered entity must demonstrate compliance with section 722(a), the Administrator shall issue no further international offset credits for eligible Sstate-level or province-level activities to reduce deforestation pursuant to this paragraph. CommentsClose CommentsPermalink
‘(6) PROJECTS AND PROGRAMS TO REDUCE DEFORESTATION- CommentsClose CommentsPermalink
‘(A) ELIGIBLE COUNTRIES- The Administrator, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, shall establish, and periodically review and update, a list of developing countries that-- CommentsClose CommentsPermalink
‘(i) the Administrator determines, based on recent, credible, and reliable emissions data, account for less than 1 percent of global greenhouse gas emissions and less than 3 percent of global forest-sector and land use change greenhouse gas emissions; CommentsClose CommentsPermalink
‘(ii) have, or in the determination of the Administrator are making a good faith effort to develop, a land use or forest sector strategic plan that meets the criteria described in paragraph (2)(C); and CommentsClose CommentsPermalink
‘(iii) has made, or in the determination of the Administrator, is making, a good-faith effort to develop, through the implementation of activities under this section, a monitoring program for major forested areas in a host country and other areas in a host country susceptible to leakage, including a spatially explicit land use plan that identifies intact and primary forest areas and managed forest areas that are to remain while country is reaching the zero net deforestation trajectory. CommentsClose CommentsPermalink
‘(B) ACTIVITIES- The Administrator may issue international offset credits for greenhouse gas emission reductions achieved through project or program level activities to reduce deforestation in countries listed under subparagraph (A) that meet the requirements of this section. The quantity of international offset credits shall be determined by comparing the project-level or program-level emissions from deforestation to a deforestation baseline for such project or program established pursuant to subparagraph (C). CommentsClose CommentsPermalink
‘(C) PROJECT-LEVEL OR PROGRAM-LEVEL BASELINE- A project-level or program-level deforestation baseline shall-- CommentsClose CommentsPermalink
‘(i) be consistent with any existing nationally appropriate mitigation commitments or actions for the country in which the project or program is occurring, so that only reductions that are in addition to such commitments or actions will generate offsets; CommentsClose CommentsPermalink
‘(ii) be developed taking into consideration the average annual historical deforestation rates in the project or program boundary during a period of at least 5 years, applicable drivers of deforestation, and other factors to ensure additionality; CommentsClose CommentsPermalink
‘(iii) be designed to account for all significant sources of greenhouse gas emissions from deforestation in the project or program boundary; and CommentsClose CommentsPermalink
‘(iv) be adjusted to fully account for emissions leakage outside the project or program boundary, including-- CommentsClose CommentsPermalink
‘(I) estimation through monitoring of major forested areas in a host country and other areas in a host country susceptible to leakage, pursuant to section 744(e)(5); and CommentsClose CommentsPermalink
‘(II) a spatially explicit land use plan that identifies intact and primary forest areas and managed forest areas that are to remain while country is reaching the zero net deforestation trajectory CommentsClose CommentsPermalink
.‘(D) PHASE-OUT- CommentsClose CommentsPermalink
‘(i) IN GENERAL- Beginning on the date that is 8 years after the first calendar year for which a covered entity must demonstrate compliance with section 722(a), the Administrator shall issue no further international offset credits for project-level or program-level activities as described in this paragraph, except as provided in clause (ii). CommentsClose CommentsPermalink
‘(ii) EXTENSION- The Administrator may extend the phase out deadline for the issuance of international offset credits under this section by up to 5 years with respect to eligible activities taking place in a least developed country, which is a foreign country that the United Nations has identified as among the least developed of developing countries at the time that the Administrator determines to provide an extension, provided that the Administrator, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, determines the country-- CommentsClose CommentsPermalink
‘(I) lacks sufficient capacity to adopt and implement effective programs to achieve reductions in deforestation measured against national baselines; CommentsClose CommentsPermalink
‘(II) is receiving support under part E to develop such capacity; and CommentsClose CommentsPermalink
‘(III) has developed and is working to implement a credible national strategy or plan to reduce deforestation. CommentsClose CommentsPermalink
‘(7) OFFSET CREDIT ISSUANCE- Requirements under this subsection to issue international offset credits only if the quantity of the international offset credits is determined by reference to a national, State-level, or province-level deforestation baseline do not preclude the Administrator from issuing a portion of the total quantity of those credits directly to an offset project developer for use in carrying out activities in accordance with this section that contributed to a reduction in emissions, if that issuance is authorized by-- CommentsClose CommentsPermalink
‘(A) the agreement or arrangement described in subsection (b)(2)(A); and CommentsClose CommentsPermalink
‘(B) if the credits are issued pursuant to paragraph (5), by the State or provincial government. CommentsClose CommentsPermalink
‘(8) EXPANSION OF SCOPE- In implementing this subsection, the Administrator, taking into consideration the recommendations of the Advisory Board, may--‘(A) expand credible activities to include expand the scope of creditable activities to include activities that reduce emissions from land use, such as those that address forest degradation; and‘(B) include or soil carbon losses associated with forested wetlands or peatlands. CommentsClose CommentsPermalink
‘(f) Modification of Requirements- In promulgating regulations under subsection (b)(1) with respect to the issuance of international offset credits under subsection (c), (d), or (e), the Administrator, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, may modify or omit a requirement of this part (excluding the requirements of this section) if the Administrator determines that the application of that requirement to such subsection is not feasible or would result in the creation of offset credits that would not be eligible to satisfy emissions reduction commitments made by the United States pursuant to the United Nations Framework Convention on Climate Change, done at New York on May 9, 1992 (or any successor agreement). In modifying or omitting such a requirement on the basis of infeasibility, the Administrator, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, shall ensure, with an adequate margin of safety, the integrity of international offset credits issued under this section and of the greenhouse gas emissions limitations established pursuant to section 703. CommentsClose CommentsPermalink
‘(g) Avoiding Double Counting- The Administrator, in consultation with the Secretary of State, shall seek, by whatever means appropriate, including agreements, arrangements, or technical cooperation, to ensure that activities on the basis of which international offset credits are issued under this section are not used for compliance with an obligation to reduce or avoid greenhouse gas emissions, or increase greenhouse gas sequestration, under a foreign or international regulatory system. In addition, no international offset credits shall be issued for emission reductions from activities with respect to which emission allowances were allocated under section 771(dc) for distribution under part E. CommentsClose CommentsPermalink
‘(h) Limitation- The Administrator shall not issue international offset credits generated by projects based on the destruction of hydrofluorocarbons.’. CommentsClose CommentsPermalink
SEC. 102. DEFINITIONS.
Title VII of the Clean Air Act (as added by section 101 of this division) is amended by inserting before part A the following: CommentsClose CommentsPermalink
‘SEC. 700. DEFINITIONS.
‘In this title: CommentsClose CommentsPermalink
‘(1) ADDITIONAL- The term ‘additional’, when used with respect to reductions or avoidance of greenhouse gas emissions, or to sequestration of greenhouse gases, means reductions, avoidance, or sequestration that result in a lower level of net greenhouse gas emissions or atmospheric concentrations than would occur in the absence of an offset credit. CommentsClose CommentsPermalink
‘(2) ADDITIONALITY- The term ‘additionality’ means the extent to which reductions or avoidance of greenhouse gas emissions, or sequestration of greenhouse gases, are additional. CommentsClose CommentsPermalink
‘(3) ADVISORY BOARD- The term ‘Advisory Board’ means the Offsets Integrity Advisory Board established under section 731. CommentsClose CommentsPermalink
‘(4) AFFILIATED- The term ‘affiliated’-- CommentsClose CommentsPermalink
‘(A) when used in relation to an entity, means owned or controlled by, or under common ownership or control with, another entity, as determined by the Administrator; and CommentsClose CommentsPermalink
‘(B) when used in relation to a natural gas local distribution company, means owned or controlled by, or under common ownership or control with, another natural gas local distribution company, as determined by the Administrator. CommentsClose CommentsPermalink
‘(5) ALLOWANCE- The term ‘allowance’ means a limited authorization to emit, or have attributable greenhouse gas emissions in an amount of, 1 ton of carbon dioxide equivalent of a greenhouse gas in accordance with this title; it includes an emission allowance, a compensatory allowance, or an international emission allowance. CommentsClose CommentsPermalink
‘(6) ATTRIBUTABLE GREENHOUSE GAS EMISSIONS- The term ‘attributable greenhouse gas emissions’ means-- CommentsClose CommentsPermalink
‘(A) for a covered entity that is a fuel producer or importer described in paragraph (13)(B), greenhouse gases that would be emitted from the combustion of any petroleum-based or coal-based liquid fuel, petroleum coke, or natural gas liquid, produced or imported by that covered entity for sale or distribution in interstate commerce, assuming no capture and sequestration of any greenhouse gas emissions; CommentsClose CommentsPermalink
‘(B) for a covered entity that is an industrial gas producer or importer described in paragraph (13)(C), the tons of carbon dioxide equivalent of fossil fuel-based carbon dioxide, nitrous oxide, any fluorinated gas, other than nitrogen trifluoride, that is a greenhouse gas, or any combination thereof-- CommentsClose CommentsPermalink
‘(i) produced or imported by such covered entity during the previous calendar year for sale or distribution in interstate commerce; or CommentsClose CommentsPermalink
‘(ii) released as fugitive emissions in the production of fluorinated gas; and CommentsClose CommentsPermalink
‘(C) for a natural gas local distribution company described in paragraph (13)(J), greenhouse gases that would be emitted from the combustion of the natural gas, and any other gas meeting the specifications for commingling with natural gas for purposes of delivery, that such entity delivered during the previous calendar year to customers that are not covered entities, assuming no capture and sequestration of that greenhouse gas. CommentsClose CommentsPermalink
‘(7) BIOLOGICAL SEQUESTRATION; BIOLOGICALLY SEQUESTERED- The terms ‘biological sequestration’ and ‘biologically sequestered’ mean the removal of greenhouse gases from the atmosphere by terrestrial biological means, such as by growing plants, and the storage of those greenhouse gases in plants or soils. CommentsClose CommentsPermalink
‘(8) CAPPED EMISSIONS- The term ‘capped emissions’ means greenhouse gas emissions to which section 722 applies, including emissions from the combustion of natural gas, petroleum-based or coal-based liquid fuel, petroleum coke, or natural gas liquid to which section 722(b)(2) or (8) applies. CommentsClose CommentsPermalink
‘(9) CAPPED SOURCE- The term ‘capped source’ means a source that directly emits capped emissions. CommentsClose CommentsPermalink
‘(10) CARBON DIOXIDE EQUIVALENT- The term ‘carbon dioxide equivalent’ means the unit of measure, expressed in metric tons, of greenhouse gases as provided under section 711 or 712. CommentsClose CommentsPermalink
‘(11) CARBON STOCK- The term ‘carbon stock’ means the quantity of carbon contained in a biological reservoir or system which has the capacity to accumulate or release carbon. CommentsClose CommentsPermalink
‘(12) COMPENSATORY ALLOWANCE- The term ‘compensatory allowance’ means an allowance issued under section 721(f). CommentsClose CommentsPermalink
‘(13) COVERED ENTITY- The term ‘covered entity’ means each of the following: CommentsClose CommentsPermalink
‘(A) Any electricity source. CommentsClose CommentsPermalink
‘(B)(i) Any stationary source that produces petroleum-based or coal-based liquid fuel, petroleum coke, or natural gas liquid, the combustion of which would emit 25,000 or more tons of carbon dioxide equivalent, as determined by the Administrator. CommentsClose CommentsPermalink
‘(ii) Any entity that (or any group of 2 or more affiliated entities that, in the aggregate) imports petroleum-based or coal-based liquid fuel, petroleum coke, or natural gas liquid, the combustion of which would emit 25,000 or more tons of carbon dioxide equivalent, as determined by the Administrator. CommentsClose CommentsPermalink
‘(C) Any stationary source that produces, and any entity that (or any group of two or more affiliated entities that, in the aggregate) imports, for sale or distribution in interstate commerce, in bulk, or in products designated by the Administrator, in 2008 or any subsequent year more than 25,000 tons of carbon dioxide equivalent of-- CommentsClose CommentsPermalink
‘(i) fossil fuel-based carbon dioxide; CommentsClose CommentsPermalink
‘(ii) nitrous oxide; CommentsClose CommentsPermalink
‘(iii) except as otherwise provided in section 714, perfluorocarbons; CommentsClose CommentsPermalink
‘(iv) sulfur hexafluoride; CommentsClose CommentsPermalink
‘(v) any other fluorinated gas, except for nitrogen trifluoride, that is a greenhouse gas, as designated by the Administrator under section 711(b) or (c); or CommentsClose CommentsPermalink
‘(vi) any combination of greenhouse gases described in clauses (i) through (v). CommentsClose CommentsPermalink
‘(D) Any stationary source that has emitted 25,000 or more tons of carbon dioxide equivalent of nitrogen trifluoride in 2008 or any subsequent year. CommentsClose CommentsPermalink
‘(E) Any geologic sequestration site. CommentsClose CommentsPermalink
‘(F) Any stationary source in the following industrial sectors: CommentsClose CommentsPermalink
‘(i) Adipic acid production. CommentsClose CommentsPermalink
‘(ii) Primary aluminum production. CommentsClose CommentsPermalink
‘(iii) Ammonia manufacturing. CommentsClose CommentsPermalink
‘(iv) Cement production, excluding grinding-only operations. CommentsClose CommentsPermalink
‘(v) Hydrochlorofluorocarbon production. CommentsClose CommentsPermalink
‘(vi) Lime manufacturing. CommentsClose CommentsPermalink
‘(vii) Nitric acid production. CommentsClose CommentsPermalink
‘(viii) Petroleum refining. CommentsClose CommentsPermalink
‘(ix) Phosphoric acid production. CommentsClose CommentsPermalink
‘(x) Silicon carbide production. CommentsClose CommentsPermalink
‘(xi) Soda ash production. CommentsClose CommentsPermalink
‘(xii) Titanium dioxide production. CommentsClose CommentsPermalink
‘(xiii) Coal-based liquid or gaseous fuel production. CommentsClose CommentsPermalink
‘(G) Any stationary source in the chemical or petrochemical sector that, in 2008 or any subsequent year-- CommentsClose CommentsPermalink
‘(i) produces acrylonitrile, carbon black, ethylene, ethylene dichloride, ethylene oxide, or methanol; or CommentsClose CommentsPermalink
‘(ii) produces a chemical or petrochemical product if producing that product results in annual combustion plus process emissions of 25,000 or more tons of carbon dioxide equivalent. CommentsClose CommentsPermalink
‘(H) Any stationary source that-- CommentsClose CommentsPermalink
‘(i) is in one of the following industrial sectors: ethanol production; ferroalloy production; fluorinated gas production; food processing; glass production; hydrogen production; beneficiation or other processing (including agglomeration) of metal ore production or other processings; iron and steel production; lead production; pulp and paper manufacturing; and zinc production; and CommentsClose CommentsPermalink
‘(ii) has emitted 25,000 or more tons of carbon dioxide equivalent in 2008 or any subsequent year. CommentsClose CommentsPermalink
‘(I) Any fossil fuel-fired combustion device (such as a boiler) or grouping of such devices that-- CommentsClose CommentsPermalink
‘(i) is all or part of an industrial source not specified in subparagraph (D), (F), (G), or (H); and CommentsClose CommentsPermalink
‘(ii) has emitted 25,000 or more tons of carbon dioxide equivalent in 2008 or any subsequent year. CommentsClose CommentsPermalink
‘(J) Any natural gas local distribution company that (or any group of 2 or more affiliated natural gas local distribution companies that, in the aggregate) in 2008 or any subsequent year, delivers 460,000,000 cubic feet or more of natural gas to customers that are not covered entities. CommentsClose CommentsPermalink
‘(14) CREDITING PERIOD- The term ‘crediting period’ means the period with respect to which an offset project is eligible to earn offset credits under part D, as determined under section 734(c). CommentsClose CommentsPermalink
‘(15) DESIGNATED REPRESENTATIVE- The term ‘designated representative’ means, with respect to a covered entity, a reporting entity, an offset project developer, or any other entity receiving or holding allowances or offset credits under this title, an individual authorized, through a certificate of representation submitted to the Administrator by the owners and operators or similar entity official, to represent the owners and operators or similar entity official in all matters pertaining to this title (including the holding, transfer, or disposition of allowances or offset credits), and to make all submissions to the Administrator under this title. CommentsClose CommentsPermalink
‘(16) DEVELOPING COUNTRY- The term ‘developing country’ means a country eligible to receive official development assistance according to the income guidelines of the Development Assistance Committee of the Organization for Economic Cooperation and Development. CommentsClose CommentsPermalink
‘(17) DOMESTIC OFFSET CREDIT- CommentsClose CommentsPermalink
‘(A) IN GENERAL- The term ‘domestic offset credit’ means an offset credit issued under part D, other than an international offset credit. CommentsClose CommentsPermalink
‘(B) EXCLUSION- The term ‘domestic offset credit’ does not include a term offset credit. CommentsClose CommentsPermalink
‘(18) ELECTRICITY SOURCE- The term ‘electricity source’ means a stationary source that includes one or more utility units. CommentsClose CommentsPermalink
‘(19) EMISSION- The term ‘emission’ means the release of a greenhouse gas into the ambient air. Such term does not include gases that are captured and sequestered, except to the extent that they are later released into the atmosphere, in which case compliance must be demonstrated pursuant to section 722(b)(5). CommentsClose CommentsPermalink
‘(20) EMISSION ALLOWANCE- The term ‘emission allowance’ means an allowance established under section 721(a) or 726(g)(2). CommentsClose CommentsPermalink
‘(21) FAIR MARKET VALUE- The term ‘fair market value’ means the average daily closing price on registered exchanges or, if such a price is unavailable, the average price as determined by the Administrator, during a specified time period, of an emission allowance. CommentsClose CommentsPermalink
‘(22) FEDERAL LAND- The term ‘Federal land’ means land that is owned by the United States, other than land held in trust for an Indian or Indian tribe. CommentsClose CommentsPermalink
‘(23) FOSSIL FUEL- The term ‘fossil fuel’ means natural gas, petroleum, or coal, or any form of solid, liquid, or gaseous fuel derived from such material, including consumer products that are derived from such materials and are combusted. CommentsClose CommentsPermalink
‘(24) FOSSIL FUEL-FIRED- The term ‘fossil fuel-fired’ means powered by combustion of fossil fuel, alone or in combination with any other fuel, regardless of the percentage of fossil fuel consumed. CommentsClose CommentsPermalink
‘(25) FUGITIVE EMISSIONS- The term ‘fugitive emissions’ means emissions from leaks, valves, joints, or other small openings in pipes, ducts, or other equipment, or from vents. CommentsClose CommentsPermalink
‘(26) GEOLOGIC SEQUESTRATION; GEOLOGICALLY SEQUESTERED- The terms ‘geologic sequestration’ and ‘geologically sequestered’ mean the sequestration of greenhouse gases in subsurface geologic formations for purposes of permanent storage. CommentsClose CommentsPermalink
‘(27) GEOLOGIC SEQUESTRATION SITE- The term ‘geologic sequestration site’ means a site where carbon dioxide is geologically sequestered. CommentsClose CommentsPermalink
‘(28) GREENHOUSE GAS- The term ‘greenhouse gas’ means any gas described in section 711(a) or designated under section 711(b), (c), or (e), except to the extent that it is regulated under title VI. CommentsClose CommentsPermalink
‘(29) HIGH CONSERVATION PRIORITY LAND- The term ‘high conservation priority land’ means land that is not Federal land and is-- CommentsClose CommentsPermalink
‘(A) globally or State ranked as critically imperiled or imperiled under a State Natural Heritage Program; or CommentsClose CommentsPermalink
‘(B) old-growth or late-successional forest, as identified by the office of the State Forester or relevant State agency with regulatory jurisdiction over forestry activities. CommentsClose CommentsPermalink
‘(30) HOLD- The term ‘hold’ means, with respect to an allowance, offset credit, or term offset credit, to have in the appropriate account in the allowance tracking system, or submit to the Administrator for recording in such account. CommentsClose CommentsPermalink
‘(31) INDUSTRIAL SOURCE- The term ‘industrial source’ means any stationary source that-- CommentsClose CommentsPermalink
‘(A) is not an electricity source; and CommentsClose CommentsPermalink
‘(B) is in-- CommentsClose CommentsPermalink
‘(i) the manufacturing sector (as defined in North American Industrial Classification System codes 31, 32, and 33); or CommentsClose CommentsPermalink
‘(ii) the natural gas processing or natural gas pipeline transportation sector (as defined in North American Industrial Classification System codes 211112 or 486210). CommentsClose CommentsPermalink
‘(32) INTERNATIONAL EMISSION ALLOWANCE- The term ‘international emission allowance’ means a tradable authorization to emit 1 ton of carbon dioxide equivalent of greenhouse gas that is issued by a national or supranational foreign government pursuant to a qualifying international program designated by the Administrator pursuant to section 728(a). CommentsClose CommentsPermalink
‘(33) INTERNATIONAL OFFSET CREDIT- The term ‘international offset credit’ means an offset credit issued by the Administrator under section 744. CommentsClose CommentsPermalink
‘(34) LEAKAGE- The term ‘leakage’ means a significant increase in greenhouse gas emissions, or significant decrease in sequestration, which is caused by an offset project and occurs outside the boundaries of the offset project. CommentsClose CommentsPermalink
‘(35) MARKET STABILITY RESERVE ALLOWANCE- The term ‘market stability reserve allowance’ means an emission allowance reserved for, transferred to, or deposited in the market stability reserve, or established, under section 726. CommentsClose CommentsPermalink
‘(36) MINERAL SEQUESTRATION- The term ‘mineral sequestration’ means sequestration of carbon dioxide from the atmosphere by capturing carbon dioxide into a permanent mineral, such as the aqueous precipitation of carbonate minerals that results in the storage of carbon dioxide in a mineral form. CommentsClose CommentsPermalink
‘(37) NATURAL GAS LIQUID- The term ‘natural gas liquid’ means ethane, butane, isobutane, natural gasoline, and propane which is ready for commercial sale or use. CommentsClose CommentsPermalink
‘(38) NATURAL GAS LOCAL DISTRIBUTION COMPANY- The term ‘natural gas local distribution company’ has the meaning given the term ‘local distribution company’ in section 2(17) of the Natural Gas Policy Act of 1978 (
). CommentsClose CommentsPermalink 15 U.S.C. 3301(17) ‘(39) OFFSET CREDIT- CommentsClose CommentsPermalink
‘(A) IN GENERAL- The term ‘offset credit’ means an offset credit issued under part D. CommentsClose CommentsPermalink
‘(B) EXCLUSION- The term ‘offset credit’ does not include a term offset credit. CommentsClose CommentsPermalink
‘(40) OFFSET PROJECT- The term ‘offset project’ means a project or activity that reduces or avoids greenhouse gas emissions, or sequesters greenhouse gases, and for which offset credits are or may be issued under part D. CommentsClose CommentsPermalink
‘(41) OFFSET PROJECT DEVELOPER- The term ‘offset project developer’ means the individual or entity designated as the offset project developer in an offset project approval petition under section 735(c)(1). CommentsClose CommentsPermalink
‘(42) Qualified r&d facilityUALIFIED R&D FACILITY- The term ‘qualified R&D facility’ means a facility that conducts research and development, that was in operation as of the date of enactment of this title, and that is part of a covered entity subject to paragraphs (1) through (8) of section 722(b). CommentsClose CommentsPermalink
‘(43) PETROLEUM- The term ‘petroleum’ includes crude oil, tar sands, oil shale, and heavy oils. CommentsClose CommentsPermalink
‘(44) REPEATED INTENTIONAL REVERSALS- The term ‘repeated intentional reversals’ means at least 3 intentional reversals, as determined by the Administrator or a court under section 734(b)(3)(B)(ii). CommentsClose CommentsPermalink
‘(45) RESEARCH AND DEVELOPMENT- The term ‘research and development’ means activities-- CommentsClose CommentsPermalink
‘(A) that are conducted in process units or at laboratory bench-scale settings; CommentsClose CommentsPermalink
‘(B) whose purpose is to conduct research and development for new processes, technologies, or products that contribute to lower greenhouse gas emissions; and CommentsClose CommentsPermalink
‘(C) that do not manufacture products for sale. CommentsClose CommentsPermalink
‘(46) RENEWABLE BIOMASS- The term ‘renewable biomass’ means any of the following: CommentsClose CommentsPermalink
‘(A) Plant material, including waste material, harvested or collected from actively managed agricultural land that was in cultivation, cleared, or fallow and nonforested on January 1, 2009. CommentsClose CommentsPermalink
‘(B) Plant material, including waste material, harvested or collected from pastureland that was nonforested on January 1, 2009. CommentsClose CommentsPermalink
‘(C) Nonhazardous vegetative matter derived from waste, including separated yard waste, landscape right-of-way trimmings, construction and demolition debris, or food waste (but not municipal solid waste, recyclable waste paper, painted, treated or pressurized wood, or wood contaminated with plastic or metals). CommentsClose CommentsPermalink
‘(D) Animal waste or animal byproducts, including products of animal waste digesters. CommentsClose CommentsPermalink
‘(E) Algae. CommentsClose CommentsPermalink
‘(F) Trees, brush, slash, residues, or any other vegetative matter removed from within 600 feet of any building, campground, or route designated for evacuation by a public official with responsibility for emergency preparedness, or from within 300 feet of a paved road, electric transmission line, utility tower, or water supply line. CommentsClose CommentsPermalink
‘(G) Residues from or byproducts of milled logs. CommentsClose CommentsPermalink
‘(H) Any of the following removed from forested land that is not Federal and is not high conservation priority land: CommentsClose CommentsPermalink
‘(i) Trees, brush, slash, residues, interplanted energy crops, or any other vegetative matter removed from an actively managed tree plantation established-- CommentsClose CommentsPermalink
‘(I) prior to January 1, 2009; or CommentsClose CommentsPermalink
‘(II) on land that, as of January 1, 2009, was cultivated or fallow and non-forested. CommentsClose CommentsPermalink
‘(ii) Trees, logging residue, thinnings, cull trees, pulpwood, and brush removed from naturally regenerated forests or other non-plantation forests, including for the purposes of hazardous fuel reduction or preventative treatment for reducing or containing insect or disease infestation. CommentsClose CommentsPermalink
‘(iii) Logging residue, thinnings, cull trees, pulpwood, brush, and species that are non-native and noxious, from stands that were planted and managed after January 1, 2009, to restore or maintain native forest types. CommentsClose CommentsPermalink
‘(iv) Dead or severely damaged trees removed within 5 years of fire, blowdown, or other natural disaster, and badly infested trees. CommentsClose CommentsPermalink
‘(I) Materials, pre-commercial thinnings, or removed invasive species from National Forest System land and public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (
)), including those that are byproducts of preventive treatments (such as trees, wood, brush, thinnings, chips, and slash), that are removed as part of a federally recognized timber sale, or that are removed to reduce hazardous fuels, to reduce or contain disease or insect infestation, or to restore ecosystem health, and that are-- CommentsClose CommentsPermalink 43 U.S.C. 1702
‘(i) not from components of the National Wilderness Preservation System, Wilderness Study Areas, Inventoried Roadless Areas, old growth or mature forest stands, components of the National Landscape Conservation System, National Monuments, National Conservation Areas, Designated Primitive Areas; or Wild and Scenic Rivers corridors; CommentsClose CommentsPermalink
‘(ii) harvested in environmentally sustainable quantities, as determined by the appropriate Federal land manager; and CommentsClose CommentsPermalink
‘(iii) are harvested in accordance with Federal and State law, and applicable land management plans. CommentsClose CommentsPermalink
‘(47) RETIRE- The term ‘retire’, with respect to an allowance, offset credit, or term offset credit established or issued under this title, means to disqualify such allowance or offset credit for any subsequent use under this title, regardless of whether the use is a sale, exchange, or submission of the allowance, offset credit, or term offset credit to satisfy a compliance obligation. CommentsClose CommentsPermalink
‘(48) REVERSAL- The term ‘reversal’ means an intentional or unintentional loss of sequestered greenhouse gases to the atmosphere. CommentsClose CommentsPermalink
‘(49) SEQUESTERED AND SEQUESTRATION- The terms ‘sequestered’ and ‘sequestration’ mean the separation, isolation, or removal of greenhouse gases from the atmosphere, as determined by the Administrator. The terms include biological, geologic, and mineral sequestration, but do not include ocean fertilization techniques. CommentsClose CommentsPermalink
‘(50) SMALL BUSINESS REFINER- CommentsClose CommentsPermalink
‘(A) IN GENERAL- The term ‘small business refiner’ means a refiner that meets the applicable Federal refinery capacity and employee limitations criteria described in section 45H(c)(1) of the Internal Revenue Code of 1986 (as in effect on the date of enactment of this section and without regard to section 45H(d)). CommentsClose CommentsPermalink
‘(B) ELIGIBILITY- Eligibility of a small business refiner under this paragraph shall not be recalculated or disallowed on account of-- CommentsClose CommentsPermalink
‘(i) a merger of the small business refiner with 1 or more other small business refiners after December 31, 2002; or CommentsClose CommentsPermalink
‘(ii) the acquisition by a small business refiner of another small business refiner (or refinery of such refiner) after December 31, 2002. CommentsClose CommentsPermalink
‘(51) STATIONARY SOURCE- The term ‘stationary source’ means any integrated operation comprising any plant, building, structure, or stationary equipment, including support buildings and equipment, that is located within one or more contiguous or adjacent properties, is under common control of the same person or persons, and emits or may emit a greenhouse gas. CommentsClose CommentsPermalink
‘(512) TON- The term ‘ton’ means a metric ton. CommentsClose CommentsPermalink
‘(523) UNCAPPED EMISSIONS- The term ‘uncapped emissions’ means emissions of greenhouse gases emitted after December 31, 2011, that are not capped emissions. CommentsClose CommentsPermalink
‘(534) UNITED STATES GREENHOUSE GAS EMISSIONS- The term ‘United States greenhouse gas emissions’ means the total quantity of annual greenhouse gas emissions from the United States, as calculated by the Administrator and reported to the United Nations Framework Convention on Climate Change Secretariat. CommentsClose CommentsPermalink
‘(545) UTILITY UNIT- The term ‘utility unit’ means a combustion device that, on January 1, 2009, or any date thereafter, is fossil fuel-fired and serves a generator that produces electricity for sale, unless such combustion device, during the 12-month period starting the later of January 1, 2009, or the commencement of commercial operation and each calendar year starting after such later date-- CommentsClose CommentsPermalink
‘(A) is part of an integrated cycle system that cogenerates steam and electricity duringthermal energy and electricity during normal operation and that supplies one-third 1/3 or less of its potential electric output capacity and 25 MWmegawatts or less of electrical output for sale; or CommentsClose CommentsPermalink
‘(B) combusts materials of which more than 95 percent is municipal solid waste on a heat input basis. CommentsClose CommentsPermalink
‘(556) VINTAGE YEAR- The term ‘vintage year’ means the calendar year for which an emission allowance is established under section 721(a) or which is assigned to an emission allowance under section 726(g)(3)(A), except that the vintage year for a market stability reserve allowance shall be the year in which such allowance is purchased at auction.’. CommentsClose CommentsPermalink
SEC. 103. OFFSET REPORTING REQUIREMENTS.
Section 114 of Clean Air Act (
‘(e) Recordkeeping for Carbon Offsets Program- For the purpose of implementing the carbon offsets program set forth in subtitle D of title VII, the Administrator shall require any person who is an offset project developer, and may require any person who is a third- party verifier, to establish and maintain records, for a period of not less than the crediting period under section 734(c) plus 5 years, relating to-- CommentsClose CommentsPermalink
‘(1) any offset project approval petition submitted to the appropriate officials under section 735; CommentsClose CommentsPermalink
‘(2) any reversals which occur with respect to an offset project; CommentsClose CommentsPermalink
‘(3) any verification reports; and CommentsClose CommentsPermalink
‘(4) any other aspect of the offset project that the appropriate officials determines is appropriate.’. CommentsClose CommentsPermalink
Subtitle B--Disposition of Allowances
CommentsClose CommentsPermalink
Subtitle B--Disposition of Allowances CommentsClose CommentsPermalink
SEC. 111. DISPOSITION OF ALLOWANCES FOR GLOBAL WARMING POLLUTION REDUCTION PROGRAM.
Title VII of the Clean Air Act (as amended by section 141 of this division) is amended by adding at the end the following: CommentsClose CommentsPermalink
‘PART HG--DISPOSITION OF ALLOWANCES
‘SEC. 771. ALLOCATION OF EMISSION ALLOWANCES.
‘(a) Allocation- TSubject to subsection (d), of the total quantity of emission allowances established for each vintage year under section 721(a), the Administrator shall allocate emission allowances for the following purposes:‘(1) Tpurposes and for the vintage years and corresponding percentages specified as follows: CommentsClose CommentsPermalink
‘(1) For the program for electricity consumers pursuant to section 772.
‘(2) The program for natural gas consumers pursuant to section 773.
‘(3) T, as described in the following tables: CommentsClose CommentsPermalink
‘(A) For distribution to electricity consumers in accordance with subsections (b), (c), and (d) of section 772, the percentages specified in the following table: CommentsClose CommentsPermalink
‘Electricity consumers CommentsClose CommentsPermalink
-------------------------------------------------------------CommentsClose CommentsPermalink
-------------------------------------------------------------CommentsClose CommentsPermalink
Vintage Year Percentage of allowances CommentsClose CommentsPermalink
2012 43.75 CommentsClose CommentsPermalink
2013 43.75 CommentsClose CommentsPermalink
2014 38.89 CommentsClose CommentsPermalink
2015 38.89 CommentsClose CommentsPermalink
2016 35.00 CommentsClose CommentsPermalink
2017 35.00 CommentsClose CommentsPermalink
2018 35.00 CommentsClose CommentsPermalink
2019 35.00 CommentsClose CommentsPermalink
2020 35.00 CommentsClose CommentsPermalink
2021 35.00 CommentsClose CommentsPermalink
2022 35.00 CommentsClose CommentsPermalink
2023 35.00 CommentsClose CommentsPermalink
2024 35.00 CommentsClose CommentsPermalink
2025 35.00 CommentsClose CommentsPermalink
2026 28.00 CommentsClose CommentsPermalink
2027 21.00 CommentsClose CommentsPermalink
2028 14.00 CommentsClose CommentsPermalink
2029 7.00 CommentsClose CommentsPermalink
-------------------------------------------------------------CommentsClose CommentsPermalink
‘(B) For distribution to small LDCs under section 772(e), the percentages specified in the following table: CommentsClose CommentsPermalink
‘Small LDCsCommentsClose CommentsPermalink
-------------------------------------------------------------CommentsClose CommentsPermalink
-------------------------------------------------------------CommentsClose CommentsPermalink
Vintage Year Percentage of allowances CommentsClose CommentsPermalink
2012 0.50 CommentsClose CommentsPermalink
2013 0.50 CommentsClose CommentsPermalink
2014 0.50 CommentsClose CommentsPermalink
2015 0.50 CommentsClose CommentsPermalink
2016 0.50 CommentsClose CommentsPermalink
2017 0.50 CommentsClose CommentsPermalink
2018 0.50 CommentsClose CommentsPermalink
2019 0.50 CommentsClose CommentsPermalink
2020 0.50 CommentsClose CommentsPermalink
2021 0.50 CommentsClose CommentsPermalink
2022 0.50 CommentsClose CommentsPermalink
2023 0.50 CommentsClose CommentsPermalink
2024 0.50 CommentsClose CommentsPermalink
2025 0.50 CommentsClose CommentsPermalink
2026 0.40 CommentsClose CommentsPermalink
2027 0.30 CommentsClose CommentsPermalink
2028 0.20 CommentsClose CommentsPermalink
2029 0.10 CommentsClose CommentsPermalink
-------------------------------------------------------------CommentsClose CommentsPermalink
‘(2) For the program for natural gas consumers pursuant to section 773, as described in the following table: CommentsClose CommentsPermalink
‘Natural gas consumersCommentsClose CommentsPermalink
-------------------------------------------------------------CommentsClose CommentsPermalink
-------------------------------------------------------------CommentsClose CommentsPermalink
Vintage Year Percentage of allowances CommentsClose CommentsPermalink
2012 0.00 CommentsClose CommentsPermalink
2013 0.00 CommentsClose CommentsPermalink
2014 0.00 CommentsClose CommentsPermalink
2015 0.00 CommentsClose CommentsPermalink
2016 9.00 CommentsClose CommentsPermalink
2017 9.00 CommentsClose CommentsPermalink
2018 9.00 CommentsClose CommentsPermalink
2019 9.00 CommentsClose CommentsPermalink
2020 9.00 CommentsClose CommentsPermalink
2021 9.00 CommentsClose CommentsPermalink
2022 9.00 CommentsClose CommentsPermalink
2023 9.00 CommentsClose CommentsPermalink
2024 9.00 CommentsClose CommentsPermalink
2025 9.00 CommentsClose CommentsPermalink
2026 7.20 CommentsClose CommentsPermalink
2027 5.40 CommentsClose CommentsPermalink
2028 3.60 CommentsClose CommentsPermalink
2029 1.80 CommentsClose CommentsPermalink
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‘(3) For the program for home heating oil and propane consumers pursuant to section 774.‘(4) T, as described in the following table: CommentsClose CommentsPermalink
‘Home heating oil and propane consumersCommentsClose CommentsPermalink
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Vintage Year Percentage of allowances CommentsClose CommentsPermalink
2012 1.88 CommentsClose CommentsPermalink
2013 1.88 CommentsClose CommentsPermalink
2014 1.67 CommentsClose CommentsPermalink
2015 1.67 CommentsClose CommentsPermalink
2016 1.50 CommentsClose CommentsPermalink
2017 1.50 CommentsClose CommentsPermalink
2018 1.50 CommentsClose CommentsPermalink
2019 1.50 CommentsClose CommentsPermalink
2020 1.50 CommentsClose CommentsPermalink
2021 1.50 CommentsClose CommentsPermalink
2022 1.50 CommentsClose CommentsPermalink
2023 1.50 CommentsClose CommentsPermalink
2024 1.50 CommentsClose CommentsPermalink
2025 1.50 CommentsClose CommentsPermalink
2026 1.20 CommentsClose CommentsPermalink
2027 0.90 CommentsClose CommentsPermalink
2028 0.60 CommentsClose CommentsPermalink
2029 0.30 CommentsClose CommentsPermalink
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‘(4) For the program for domestic fuel production, including petroleum refiners and small business refiners, under section 775.‘(5) The program to ensure, for each of vintage years 2014 through 2026, for allocation and distribution in accordance with section 775-- CommentsClose CommentsPermalink
‘(A) 1.25 percent of the emission allowances established for each vintage year under section 721(a) to domestic petroleum refineries that are covered entities described in section 700(13)(F)(viii); and CommentsClose CommentsPermalink
‘(B) an additional 1.0 percent of the emission allowances established for each vintage year under section 721(a) to small business refiners that are covered entities described in section 700(13)(F)(viii). CommentsClose CommentsPermalink
‘(5) In addition to emission allowances reserved under subsection (d)(5), subject to subparagraph (G), for the program to ensure real reductions in industrial emissions under part F.
‘(6) The program for commercial deployment of carbon capture and sequesration technologies under section 780.
‘(7) T, as follows: CommentsClose CommentsPermalink
‘(A) For each of vintage years 2012 and 2013, up to 4.0 percent of the emission allowances established for each year under section 721(a). CommentsClose CommentsPermalink
‘(B) For vintage year 2014, up to 15 percent of the emission allowances established for that year under section 721(a). CommentsClose CommentsPermalink
‘(C) For vintage year 2015, up to the product of-- CommentsClose CommentsPermalink
‘(i) the quantity specified in subparagraph (B); multiplied by CommentsClose CommentsPermalink
‘(ii) the quantity of emission allowances established for 2015 under section 721(a) divided by the quantity of emission allowances established for 2014 under section 721(a). CommentsClose CommentsPermalink
‘(D) For vintage year 2016, up to the lesser or 13.45 percent or the product obtained by multiplying-- CommentsClose CommentsPermalink
‘(i) the quantity specified in subparagraph (C); and CommentsClose CommentsPermalink
‘(ii) the quantity of emission allowances established for 2015 under section 721(a) divided by the quantity of emission allowances established for 2014 under section 721(a). CommentsClose CommentsPermalink
‘(E) For vintage years 2017 through 2025, up to the lesser or 13.45 percent or the product obtained by multiplying-- CommentsClose CommentsPermalink
‘(i) the quantity specified in subparagraph (D); and CommentsClose CommentsPermalink
‘(ii) the quantity of emission allowances established for that year under section 721(a) divided by the quantity of emission allowances established for 2016 under section 721(a). CommentsClose CommentsPermalink
‘(F) For vintage years 2026 through 2050, up to the product of the quantity specified in subparagraph (D)-- CommentsClose CommentsPermalink
‘(i) multiplied by the quantity of emission allowances established for the applicable year during 2026 through 2050 under section 721(a) divided by the quantity of emission allowances established for 2016 under section 721(a); and CommentsClose CommentsPermalink
‘(ii) multiplied by a factor that shall equal 90 percent for 2026 and decline 10 percent for each year thereafter until reaching 0. CommentsClose CommentsPermalink
‘(G) If the Administrator has not distributed all of the allowances allocated pursuant to this paragraph for a given vintage year by the end of that year, any emission allowances allocated to entities in eligible industrial sectors pursuant to this paragraph that have not been so distributed shall, in accordance with subsection (e), be exchanged for allowances from the following vintage year and treated as part of the allocation to such entities for that later vintage year. CommentsClose CommentsPermalink
‘(6)(A) Subject to subparagraph (B), for the program for commercial deployment of carbon capture and sequestration technologies under section 780, as described in the following table: CommentsClose CommentsPermalink
‘Deployment of carbon capture and sequestration technologyCommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
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Vintage Year Percentage of allowances CommentsClose CommentsPermalink
2012 0.00 CommentsClose CommentsPermalink
2013 0.00 CommentsClose CommentsPermalink
2014 1.75 CommentsClose CommentsPermalink
2015 1.75 CommentsClose CommentsPermalink
2016 1.75 CommentsClose CommentsPermalink
2017 1.75 CommentsClose CommentsPermalink
2018 4.75 CommentsClose CommentsPermalink
2019 4.75 CommentsClose CommentsPermalink
Each of vintage years 2020 through 2050 5.00 CommentsClose CommentsPermalink
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‘(B) If the Administrator has not distributed all of the allowances allocated pursuant to this paragraph for a given vintage year by the end of that year, all such undistributed emission allowances shall, in accordance with subsection (e), be exchanged for allowances from the following vintage year and treated as part of the allocation for the deployment of carbon capture and sequestration technology under this subsection for that later vintage year. CommentsClose CommentsPermalink
‘(7) For the program for early action recognition pursuant to section 782.‘(8) T, 2.0 percent of the emission allowances for each of vintage years 2012 and 2013. CommentsClose CommentsPermalink
‘(8) For the program for investment in clean vehicle technology under section 201 of division B of the Clean Energy Jobs and American Power Act-- CommentsClose CommentsPermalink
‘(A) for each of vintage years 2012 through 2017, 2.4 percent of the emission allowances; and CommentsClose CommentsPermalink
‘(B) for each of vintage years 2018 through 2025, 0.8 percent of the emission allowances. CommentsClose CommentsPermalink
‘(9)(A) In addition to the emission allowances reserved under subsection (d)(6), subject to subparagraph (B), for the program for State and local investment in energy efficiency and renewable energy under section 202 of division B of the Clean Energy Jobs and American Power Act.‘(9) The program for energy efficiency in building , as described in the following table: CommentsClose CommentsPermalink
‘Investment in energy efficiency and renewable energyCommentsClose CommentsPermalink
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Vintage Year Percentage of allowances CommentsClose CommentsPermalink
2012 10.35 CommentsClose CommentsPermalink
2013 10.35 CommentsClose CommentsPermalink
2014 8.55 CommentsClose CommentsPermalink
2015 8.55 CommentsClose CommentsPermalink
2016 5.85 CommentsClose CommentsPermalink
2017 6.12 CommentsClose CommentsPermalink
2018 5.22 CommentsClose CommentsPermalink
2019 5.22 CommentsClose CommentsPermalink
2020 4.95 CommentsClose CommentsPermalink
2021 4.95 CommentsClose CommentsPermalink
2022 0.90 CommentsClose CommentsPermalink
2023 0.90 CommentsClose CommentsPermalink
2024 0.90 CommentsClose CommentsPermalink
2025 0.90 CommentsClose CommentsPermalink
Each of vintage years 2026 through 2050 4.05 CommentsClose CommentsPermalink
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‘(B) At the time at which allowances are distributed under subparagraph (A) for each of vintage years 2022 through 2025, 3.2 percent of emission allowances established under section 721(a) for the vintage year that is 4 years after that vintage year shall also be distributed (which shall be in addition to the emission allowances distributed under subparagraph (A) for vintage years 2026 through 2050. CommentsClose CommentsPermalink
‘(10) For the program for energy efficiency in building codes under section 163 of division A, and section 203 of division B, of the Clean Energy Jobs and American Power Act.
‘(10) The program for retrofit for energy and environmental performance under section 164 of division A, and 204 of division B, of the Clean Energy Jobs and American Power Act.
‘(11) T, 0.50 percent of the emission allowances for each of vintage years 2012 through 2050. CommentsClose CommentsPermalink‘(11) For the program for Energy Innovation Hubs pursuant to section 205 of division B of the Clean Energy Jobs and American Power Act.‘(12) The program for 4 of division B of the Clean Energy Jobs and American Power Act-- CommentsClose CommentsPermalink
‘(A) for each of vintage years 2012 through 2015, 0.75 percent of the emission allowances; and CommentsClose CommentsPermalink
‘(B) for each of vintage years 2016 through 2050, 0.45 percent of the emission allowances. CommentsClose CommentsPermalink
‘(12) For the program for ARPA-E research pursuant to section 206 of division B of the5 of division B of the Clean Energy Jobs and American Power Act-- CommentsClose CommentsPermalink
‘(A) for each of vintage years 2012 and 2013, 3.25 percent of the emission allowances; and CommentsClose CommentsPermalink
‘(B) for each of vintage years 2014 through 2050, 1.25 percent of the emission allowances. CommentsClose CommentsPermalink
‘(13) For the International Clean Energy Jobs and American Power Act.‘(13) The International Clean Energy Deployment Program under section 323 of division A, and section 207 of division B, of the Clean Energy Jobs and American Power Act.‘(14) The international climate change adaptation and global6 of division B, of the Clean Energy Jobs and American Power Act-- CommentsClose CommentsPermalink
‘(A) for each of vintage years 2012 through 2021, 1.0 percent of the emission allowances; CommentsClose CommentsPermalink
‘(B) for each of vintage years 2022 through 2026, 2.0 percent of the emission allowances; and CommentsClose CommentsPermalink
‘(C) for each of vintage years 2027 through 2050, 3.0 percent of the emission allowances. CommentsClose CommentsPermalink
‘(14) In addition to the emission allowances reserved under subsection (d)(8), for the international climate change adaptation and global security program under section 324 of division A, and section 208 of division B, of the Clean Energy Jobs and American Power Act.‘(b) Auctions- T7 of division B, of the Clean Energy Jobs and American Power Act-- CommentsClose CommentsPermalink
‘(A) for each of vintage years 2012 through 2021, 1.0 percent of the emission allowances; CommentsClose CommentsPermalink
‘(B) for each of vintage years 2022 through 2026, 2.0 percent of the emission allowances; and CommentsClose CommentsPermalink
‘(C) for each of vintage years 2027 through 2050, 5.0 percent of the emission allowances. CommentsClose CommentsPermalink
‘(15) For State programs for greenhouse gas reduction and climate adaptation pursuant to section 210(c) of division B of the Clean Energy Jobs and American Power Act, as described in the following table: CommentsClose CommentsPermalink
‘State programs for greenhouse gas reduction and adaptationCommentsClose CommentsPermalink
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Vintage Year Percentage of allowances CommentsClose CommentsPermalink
2012 1.34 CommentsClose CommentsPermalink
2013 1.34 CommentsClose CommentsPermalink
2014 0.50 CommentsClose CommentsPermalink
2015 0.50 CommentsClose CommentsPermalink
2016 0.50 CommentsClose CommentsPermalink
2017 0.50 CommentsClose CommentsPermalink
2018 0.50 CommentsClose CommentsPermalink
2019 0.50 CommentsClose CommentsPermalink
2020 0.50 CommentsClose CommentsPermalink
2021 0.50 CommentsClose CommentsPermalink
2022 1.06 CommentsClose CommentsPermalink
2023 1.06 CommentsClose CommentsPermalink
2024 1.06 CommentsClose CommentsPermalink
2025 1.06 CommentsClose CommentsPermalink
2026 1.06 CommentsClose CommentsPermalink
Each of vintage years 2027 through 2050 2.18 CommentsClose CommentsPermalink
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‘(16) For State programs for natural resource adaptation activities under the program for climate change safeguards for natural resources conservation under section 370(a)(1) of division A, and section 216 of division B, of the Clean Energy Jobs and American Power Act, as described in the following table: CommentsClose CommentsPermalink
‘State programs for natural resource adaptation CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
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Vintage Year Percentage of allowances CommentsClose CommentsPermalink
2012 0.39 CommentsClose CommentsPermalink
2013 0.39 CommentsClose CommentsPermalink
2014 0.39 CommentsClose CommentsPermalink
2015 0.39 CommentsClose CommentsPermalink
2016 0.39 CommentsClose CommentsPermalink
2017 0.39 CommentsClose CommentsPermalink
2018 0.39 CommentsClose CommentsPermalink
2019 0.39 CommentsClose CommentsPermalink
2020 0.39 CommentsClose CommentsPermalink
2021 0.39 CommentsClose CommentsPermalink
2022 0.77 CommentsClose CommentsPermalink
2023 0.77 CommentsClose CommentsPermalink
2024 0.77 CommentsClose CommentsPermalink
2025 0.77 CommentsClose CommentsPermalink
2026 0.77 CommentsClose CommentsPermalink
Each of vintage years 2027 through 2050 1.54 CommentsClose CommentsPermalink
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‘(b) Auctions- Subject to subsection (d), of the total quantity of emission allowances established for each calendar year under section 721(a), the Administrator shall auction, pursuant to section 778, emission allowances for the following purposes:‘(1) Tpurposes and for the vintage or calendar years and corresponding percentages specified as follows: CommentsClose CommentsPermalink
‘(1) Emission allowances reserved under subsection (d)(9) for the Market Stability Reserve Fund under section 726. CommentsClose CommentsPermalink
‘(2) TFor the program for climate change consumer refunds and low- and moderate-income consumers pursuant to section 776, including--‘(A)-- CommentsClose CommentsPermalink
‘(A) emission allowances for consumer rebates under section 776(a); and‘(B), pursuant to subsection (f)(2); and CommentsClose CommentsPermalink
‘(B) emission allowances for energy refunds under section 776(b).‘(3) T, as follows: CommentsClose CommentsPermalink
‘(i) For each of calendar years 2012 through 2029, 15.00 percent of the emission allowances. CommentsClose CommentsPermalink
‘(ii) For each of calendar years 2030 through 2050, 18.50 percent of the emission allowances. CommentsClose CommentsPermalink
‘(iii) For calendar year 2051 and each calendar year thereafter, 15.00 percent of the emission allowances. CommentsClose CommentsPermalink
‘(3) For the program for investment in clean vehicle technology under section 201 of division B of the Clean Energy Jobs and American Power Act.‘(4) The program for State and local investment in energy efficiency and renewable energy-- CommentsClose CommentsPermalink
‘(A) for each of calendar years 2012 through 2017, 0.6 percent of the emission allowances; and CommentsClose CommentsPermalink
‘(B) for each of calendar years 2018 through 2025, 0.2 percent of the emission allowances. CommentsClose CommentsPermalink
‘(4) For the program for energy efficiency and renewable energy worker training under section 202 of division B of the Clean Energy Jobs and American Power Act.
‘(5) The program for energy efficiency and renewable energy worker training under section 209 of division B of the Clean Energy Jobs and American Power Act.
‘(6) T8 of division B of the Clean Energy Jobs and American Power Act-- CommentsClose CommentsPermalink
‘(A) for each of calendar years 2012 and 2013, 1.0 percent of the emission allowances; and CommentsClose CommentsPermalink
‘(B) for each of calendar years 2014 and 2015, 0.05 percent of the emission allowances. CommentsClose CommentsPermalink
‘(5) For the program for worker transition under part 2 of subtitle A of title III of division A, and section 210 of division B, of the Clean Energy Jobs and American Power Act.
‘(7) The State programs for greenhouse gas reduction and climate adaptation pursuant to section 211 of division B of the Clean Energy Jobs and American Power Act.
‘(8) The program for public health and climate change under09 of division B, of the Clean Energy Jobs and American Power Act-- CommentsClose CommentsPermalink
‘(A) for each of calendar years 2012 through 2021, 0.5 percent of the emission allowances; and CommentsClose CommentsPermalink
‘(B) for each of calendar years 2022 through 2050, 1.0 percent of the emission allowances. CommentsClose CommentsPermalink
‘(6) For the program for public health and climate change under subpart B of part 1 of subtitle C of title III of division A, and section 212 of division B, of the Clean Energy Jobs and American Power Act.‘(9) T1 of division B, of the Clean Energy Jobs and American Power Act, 0.10 percent of the emission allowances for each of calendar years 2012 through 2050. CommentsClose CommentsPermalink
‘(7) For the Natural Resources Climate Change Adaptation Account under the program for climate change safeguards for natural resources conservation under subpart C of part 1 of subtitle C of title IIIparagraphs (2) through (6) of section 370(a) of division A, and section 213 of division B, of the Clean Energy Jobs and American Power Act.‘(10) Nuclear worker training 2 of division B, of the Clean Energy Jobs and American Power Act, as described in the following table: CommentsClose CommentsPermalink
‘Natural Resources Climate Change Adaptation AccountCommentsClose CommentsPermalink
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Calendar Year Percentage of allowances CommentsClose CommentsPermalink
2012 0.62 CommentsClose CommentsPermalink
2013 0.62 CommentsClose CommentsPermalink
2014 0.62 CommentsClose CommentsPermalink
2015 0.62 CommentsClose CommentsPermalink
2016 0.62 CommentsClose CommentsPermalink
2017 0.62 CommentsClose CommentsPermalink
2018 0.62 CommentsClose CommentsPermalink
2019 0.62 CommentsClose CommentsPermalink
2020 0.62 CommentsClose CommentsPermalink
2021 0.62 CommentsClose CommentsPermalink
2022 1.23 CommentsClose CommentsPermalink
2023 1.23 CommentsClose CommentsPermalink
2024 1.23 CommentsClose CommentsPermalink
2025 1.23 CommentsClose CommentsPermalink
2026 1.23 CommentsClose CommentsPermalink
Each of calendar years 2027 through 2050 2.46 CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
‘(8) For nuclear worker training under section 132 of division A, and section 214 of division B, of the Clean Energy Jobs and American Power Act.‘(11) T3 of division B, of the Clean Energy Jobs and American Power Act-- CommentsClose CommentsPermalink
‘(A) for each of calendar years 2012 and 2013, 0.5 percent of the emission allowances; and CommentsClose CommentsPermalink
‘(B) for each of calendar years 2014 and 2015, 0.05 percent of the emission allowances. CommentsClose CommentsPermalink
‘(9) In addition to the emission allowances reserved under subsection (d)(3), for the supplemental agriculture, abandoned mine land, renewable energy, and forestry greenhouse gas reduction and renewable energy program under section 155 of division A, and section 214 of division B, of the Clean Energy Jobs and American Power Act-- CommentsClose CommentsPermalink
‘(A) for each of calendar years 2012 and 2013, 1.0 percent of the emission allowances; and CommentsClose CommentsPermalink
‘(B) for each of calendar years 2014 through 2016, 0.28 percent of the emission allowances. CommentsClose CommentsPermalink
‘(10) TRANSPORTATION GREENHOUSE GAS REDUCTION- In addition to the emission allowances reserved under subsection (d)(4), for the transportation greenhouse gas reduction program under sections 831 and 832 of this Act, and 215 of division B, of the Clean Energy Jobs and American Power Act.
‘(c) Deficit Reduction-
‘(1) IN GENERAL- The Administrator shall--
‘(A) auction, pursuant to section 778, emission allowances for deficit reduction in the amounts described in paragraph (2); and
‘(B) deposit those proceeds immediately on receipt in the Deficit Reduction Fund established by section 783.
‘(2) AMOUNTS- For vintage years 2012 through 2050, 25.0 percent of emission allowances established for each year under section 721(a) shall be auctioned and the proceeds deposited pursuant to paragraph (1) to ensure that this title does not contribute to the deficit for that particular calendar year.
‘(d, as described in the following table: CommentsClose CommentsPermalink‘Transportation greenhouse gas reductionCommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
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Calendar Year Percentage of allowances CommentsClose CommentsPermalink
2012 2.21 CommentsClose CommentsPermalink
2013 2.21 CommentsClose CommentsPermalink
2014 1.35 CommentsClose CommentsPermalink
2015 1.35 CommentsClose CommentsPermalink
2016 1.05 CommentsClose CommentsPermalink
2017 1.08 CommentsClose CommentsPermalink
2018 0.98 CommentsClose CommentsPermalink
2019 0.98 CommentsClose CommentsPermalink
2020 0.95 CommentsClose CommentsPermalink
2021 0.95 CommentsClose CommentsPermalink
2022 0.94 CommentsClose CommentsPermalink
2023 0.94 CommentsClose CommentsPermalink
2024 0.94 CommentsClose CommentsPermalink
2025 0.94 CommentsClose CommentsPermalink
2026 1.64 CommentsClose CommentsPermalink
2027 2.52 CommentsClose CommentsPermalink
2028 2.52 CommentsClose CommentsPermalink
2029 2.52 CommentsClose CommentsPermalink
Each of calendar years 2030 through 2050 2.17 CommentsClose CommentsPermalink
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‘(c) Supplemental Reductions- CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Administrator shall allocate allowances for each vintage year to achieve supplemental reductions pursuant to section 753Subject to subsection (d) and paragraphs (2) and (3), the Administrator shall allocate allowances for each vintage year to achieve supplemental reductions pursuant to section 753, as follows: CommentsClose CommentsPermalink
‘(A) For each of calendar years 2012 through 2025, 5.0 percent of the emission allowances. CommentsClose CommentsPermalink
‘(B) For each of calendar years 2026 through 2030, 3.0 percent of the emission allowances. CommentsClose CommentsPermalink
‘(C) For each of calendar years 2031 through 2050, 2.0 percent of the emission allowances. CommentsClose CommentsPermalink
‘(2) ADJUSTMENT- The Administrator shall modify the allowances allocated under paragraph (1) as necessary to ensure the achievement of the annual supplemental emissions reduction objective for 2020 and the cumulative reduction objective through 2025 set forth in section 70453(b)(1). CommentsClose CommentsPermalink
‘(3) CARRYOVER- If the Administrator has not distributed all of the allowances allocated pursuant to this subsection for a given vintage year by the end of that year, all such undistributed emission allowances shall, in accordance with subsection (e), be exchanged for allowances from the following vintage year and treated as part of the allocation for supplemental reductions under this section for that later vintage year. CommentsClose CommentsPermalink
‘(d) Initial Reservation of Allowances- CommentsClose CommentsPermalink
‘(1) IN GENERAL- Before allocating emission allowances under subsections (a) through (c) for each calendar year, the Administrator shall reserve from the total quantity of emission allowances established for the calendar year under section 721(a) the percentages of allowances specified in paragraphs (2) through (9), for use for the purposes described in those paragraphs. CommentsClose CommentsPermalink
‘(2) DEFICIT REDUCTION- For auction pursuant to section 778 to ensure that this title does not contribute to the deficit for a calendar year, with proceeds of the auction to be deposited immediately upon receipt in the Deficit Reduction Fund established by section 783, the Administrator shall reserve-- CommentsClose CommentsPermalink
‘(A) for each of calendar years 2012 through 2029, 10 percent of the emission allowances; CommentsClose CommentsPermalink
‘(B) for each of calendar years 2030 through 2039, 22 percent of the emission allowances; and CommentsClose CommentsPermalink
‘(C) for each of calendar years 2040 through 2050, 25 percent of the emission allowances. CommentsClose CommentsPermalink
‘(3) SUPPLEMENTAL AGRICULTURE, ABANDONED MINE LAND, RENEWABLE ENERGY, AND FORESTRY- For the supplemental agriculture, abandoned mine land, renewable energy, and forestry greenhouse gas reduction and renewable energy program under section 155 of division A, and section 214 of division B, of the Clean Energy Jobs and American Power Act, the Administrator shall reserve 1.0 percent of the emission allowances for each of calendar years 2012 through 2050. CommentsClose CommentsPermalink
‘(4) TRANSPORTATION GREENHOUSE GAS REDUCTION- For the transportation greenhouse gas reduction program under sections 831 and 832 of this Act, and section 215 of division B of the Clean Energy Jobs and American Power Act, the Administrator shall reserve for each of calendar years 2012 through 2050, 1.0 percent of the emission allowances. CommentsClose CommentsPermalink
‘(5) INDUSTRIAL EMISSIONS- For the program to ensure real reductions in industrial emissions under part F, the Administrator shall reserve 0.50 percent of the emission allowances for each of calendar years 2012 through 2050. CommentsClose CommentsPermalink
‘(6) STATE AND LOCAL INVESTMENT IN ENERGY EFFICIENCY AND RENEWABLE ENERGY- For the program for State and local investment in energy efficiency and renewable energy under section 202 of division B of the Clean Energy Jobs and American Power Act, the Administrator shall reserve 0.50 percent of the emission allowances for each of calendar years 2012 through 2050. CommentsClose CommentsPermalink
‘(7) ELECTRICITY CONSUMERS; SMALL LDCS- For distribution to small LDCs under the program for electricity consumers under section 772(f), the Administrator shall reserve-- CommentsClose CommentsPermalink
‘(A) for each of calendar years 2012 through 2025, 0.50 percent of the emission allowances; CommentsClose CommentsPermalink
‘(B) for calendar year 2026, 0.40 percent of the emission allowances; CommentsClose CommentsPermalink
‘(C) for calendar year 2027, 0.30 percent of the emission allowances; CommentsClose CommentsPermalink
‘(D) for calendar year 2028, 0.20 percent of the emission allowances; and CommentsClose CommentsPermalink
‘(E) for calendar year 2029, 0.10 percent of the emission allowances. CommentsClose CommentsPermalink
‘(8) INTERNATIONAL CLIMATE CHANGE ADAPTATION AND GLOBAL SECURITY PROGRAM- For the international climate change adaptation and global security program under section 324 of division A, and section 207 of division B, of the Clean Energy Jobs and American Power Act, the Administrator shall reserve 0.25 percent of the emission allowances for each of calendar years 2012 through 2026. CommentsClose CommentsPermalink
‘(9) MARKET STABILITY RESERVE FUND- For the Market Stability Reserve Fund under section 726, the Administrator shall reserve-- CommentsClose CommentsPermalink
‘(A) for each of calendar years 2012 through 2019, 2.0 percent of the emission allowances; and CommentsClose CommentsPermalink
‘(B) for each of calendar years 2020 through 2050, 3.0 percent of the emission allowances. CommentsClose CommentsPermalink
‘(e) Treatment of Carryover Allowances- CommentsClose CommentsPermalink
‘(1) IN GENERAL- If there are undistributed allowances from a vintage year for eligible industrial sectors pursuant to subsection (a)(5), deployment of carbon capture and sequestration technology pursuant to subsection (a)(6), or supplemental reductions pursuant to subsection (c), the Administrator shall-- CommentsClose CommentsPermalink
‘(A) use the undistributed allowances to increase for the same vintage year-- CommentsClose CommentsPermalink
‘(i) the allocation of allowances to be auctioned, with the proceeds to be deposited immediately upon receipt in the Deficit Reduction Fund established by section 783; CommentsClose CommentsPermalink
‘(ii) the allocation of allowances for the program for climate change consumer refunds and low- and moderate-income consumers pursuant to subsection (b)(2); or CommentsClose CommentsPermalink
‘(iii) a combination the purposes described in clauses (i) and (ii); and CommentsClose CommentsPermalink
‘(B) except as provided in paragraph (2)-- CommentsClose CommentsPermalink
‘(i) decrease by the same quantity for the following vintage year the allocation for the purpose for which the allocation was increased pursuant to subparagraph (A); and CommentsClose CommentsPermalink
‘(ii) increase by the same quantity for the following vintage year the allocation for the purpose for which the undistributed allowances were originally allocated. CommentsClose CommentsPermalink
‘(2) EXCESS UNDISTRIBUTED ALLOWANCES- CommentsClose CommentsPermalink
‘(A) IN GENERAL- For each vintage year for which this subsection applies, the Administrator shall determine whether-- CommentsClose CommentsPermalink
‘(i) the total quantity of undistributed allowances for that vintage year that were allocated pursuant to paragraphs (5)(G) and (6)(B) of subsection (a), and subsection (c); exceeds CommentsClose CommentsPermalink
‘(ii) the total quantity of allowances allocated pursuant to subsections (b)(2) and (d)(2) for the following vintage year, decreased by the quantity of allowances for that following vintage year set aside for the reserve established by section 778(f). CommentsClose CommentsPermalink
‘(B) DETERMINATION OF EXCEEDANCE- If the Administrator determines under subparagraph (A) that the quantity described in subparagraph (A)(i) exceeds the quantity described in subparagraph (A)(ii)-- CommentsClose CommentsPermalink
‘(i) paragraph (1)(B)(ii) shall not apply; and CommentsClose CommentsPermalink
‘(ii) for each purpose described in paragraphs (5)(G) and (6)(B) of subsection (a), and subsection (c), for which undistributed allowances for a given vintage year were allocated, the Administrator shall increase the allocation for the following vintage year by the quantity that equals the product obtained by multiplying-- CommentsClose CommentsPermalink
‘(iii) the number of undistributed allowances for that purpose; and CommentsClose CommentsPermalink
‘(iv) the quantity described in subparagraph (A)(ii) divided by the quantity described in subparagraph (A)(i). CommentsClose CommentsPermalink
‘(f) Remaining Allowances- After making the allocations of emission allowances under subsections (a) through (e) for a calendar year, the Administrator shall allocate any emission allowances remaining from the total quantity of emission allowances established for the calendar year under section 721(a)-- CommentsClose CommentsPermalink
‘(1) for each of calendar years 2012 through 2025, for auction in accordance with section 778 and deposit in the Deficit Reduction Fund established by section 783; and CommentsClose CommentsPermalink
‘(2) for each of calendar years 2026 through 2050, for the program for climate change consumer refunds and low- and moderate-income consumers pursuant to section 776. CommentsClose CommentsPermalink
‘SEC. 772. ELECTRICITY CONSUMERS.
‘(a) Definitions- For purposes of this In this section: CommentsClose CommentsPermalink
‘(1) CHP SAVINGS- The term ‘CHP savings’ means-- CommentsClose CommentsPermalink
‘(A) CHP system savings from a combined heat and power system that commences operation after the date of enactment of this section; and CommentsClose CommentsPermalink
‘(B) the increase in CHP system savings from, at any time after the date of the enactment of this section, upgrading, replacing, expanding, or increasing the utilization of a combined heat and power system that commenced operation on or before the date of enactment of this section. CommentsClose CommentsPermalink
‘(2) CHP SYSTEM SAVINGS- The term ‘CHP system savings’ means the increment of electric output of a combined heat and power system that is attributable to the higher efficiency of the combined system (as compared to the efficiency of separate production of the electric and thermal outputs). CommentsClose CommentsPermalink
‘(3) COAL-FUELED UNIT- The term ‘coal-fueled unit’ means a utility unit that derives at least 85 percent of its heat input from coal, petroleum coke, or any combination of those 2 fuels. CommentsClose CommentsPermalink
‘(4) COST-EFFECTIVE- The term ‘cost-effective’, with respect to an energy efficiency program, means that the program meets the total resource cost test, which requires that the net present value of economic benefits over the life of the program, including avoided supply and delivery costs and deferred or avoided investments, is greater than the net present value of the economic costs over the life of the program, including program costs and incremental costs borne by the energy consumer. CommentsClose CommentsPermalink
‘(5) ELECTRICITY LOCAL DISTRIBUTION COMPANY- The term ‘electricity local distribution company’ means an electric utility-- CommentsClose CommentsPermalink
‘(A) that has a legal, regulatory, or contractual obligation to deliver electricity directly to retail consumers in the United States, regardless of whether that entity or another entity sells the electricity as a commodity to those retail consumers; and CommentsClose CommentsPermalink
‘(B) the retail rates of which, except in the case of an electric cooperative, are regulated or set by-- CommentsClose CommentsPermalink
‘(i) a State regulatory authority; CommentsClose CommentsPermalink
‘(ii) a State or political subdivision thereof (or an agency or instrumentality of, or corporation wholly owned by, either of the foregoing); or CommentsClose CommentsPermalink
‘(iii) an Indian tribe pursuant to tribal law. CommentsClose CommentsPermalink
‘(6) ELECTRICITY SAVINGS- The term ‘electricity savings’ means reductions in electricity consumption, relative to business-as-usual projections, achieved through measures implemented after the date of enactment of this section, limited to-- CommentsClose CommentsPermalink
‘(A) customer facility savings of electricity, adjusted to reflect any associated increase in fuel consumption at the facility; CommentsClose CommentsPermalink
‘(B) reductions in distribution system losses of electricity achieved by a retail electricity distributor, as compared to losses attributable to new or replacement distribution system equipment of average efficiency; CommentsClose CommentsPermalink
‘(C) CHP savings; and CommentsClose CommentsPermalink
‘(D) fuel cell savings. CommentsClose CommentsPermalink
‘(7) FUEL CELL- The term ‘fuel cell’ means a device that directly converts the chemical energy of a fuel and an oxidant into electricity by electrochemical processes occurring at separate electrodes in the device. CommentsClose CommentsPermalink
‘(8) FUEL CELL SAVINGS- The term ‘fuel cell savings’ means the electricity saved by a fuel cell that is installed after the date of enactment of this section, or by upgrading a fuel cell that commenced operation on or before the date of enactment of this section, as a result of the greater efficiency with which the fuel cell transforms fuel into electricity as compared with sources of electricity delivered through the grid, provided that-- CommentsClose CommentsPermalink
‘(A) the fuel cell meets such requirements relating to efficiency and other operating characteristics as the Federal Energy Regulatory Commission may promulgate by regulation; and CommentsClose CommentsPermalink
‘(B) the net sales of electricity from the fuel cell to customers not consuming the thermal output from the fuel cell, if any, do not exceed 50 percent of the total annual electricity generation by the fuel cell. CommentsClose CommentsPermalink
‘(9) INDEPENDENT POWER PRODUCTION FACILITY- The term ‘independent power production facility’ means a facility-- CommentsClose CommentsPermalink
‘(A) that is used for the generation of electric energy, at least 80 percent of which is sold at wholesale; and CommentsClose CommentsPermalink
‘(B) the sales of the output of which are not subject to retail rate regulation or setting of retail rates by-- CommentsClose CommentsPermalink
‘(i) a State regulatory authority; CommentsClose CommentsPermalink
‘(ii) a State or political subdivision thereof (or an agency or instrumentality of, or corporation wholly owned by, either of the foregoing); CommentsClose CommentsPermalink
‘(iii) an electric cooperative; or CommentsClose CommentsPermalink
‘(iv) an Indian tribe pursuant to tribal law. CommentsClose CommentsPermalink
‘(10) LONG-TERM CONTRACT GENERATOR- CommentsClose CommentsPermalink
The term ‘(A) IN GENERAL- The term ‘long-term contract generator’ means a qualifying small power production facility, a qualifying cogeneration facility ), an independent power production facility, or a facility for the production of electric energy for sale to others that is owned and operated by an electric cooperative that is-- CommentsClose CommentsPermalink
‘(A) a covered entity; and‘(Bi) a covered entity; and CommentsClose CommentsPermalink
‘(ii) as of the date of enactment of this title-- CommentsClose CommentsPermalink
‘(iI) a facility with 1 or more sales or tolling agreements executed before March 1, 2007, that govern the facility’s electricity sales and provide for sales at a price (whether a fixed price or a price formula) for electricity that does not allow for recovery of the costs of compliance with the limitation on greenhouse gas emissions under this title, provided that such agreements are not between entities that arewere affiliates of one another; or‘(ii at the time at which the agreements were entered into; or CommentsClose CommentsPermalink
‘(II) a facility consisting of 1 or more cogeneration units that makes useful thermal energy available to an industrial or commercial process with 1 or more sales agreements executed before March 1, 2007, that govern the facility’s useful thermal energy sales and provide for sales at a price (whether a fixed price or price formula) for useful thermal energy that does not allow for recovery of the costs of compliance with the limitation on greenhouse gas emissions under this title, provided that such agreements are not between entities that arewere affiliates of one another at the time at which the agreements were entered into. CommentsClose CommentsPermalink
‘(B) AFFILIATE- In this paragraph, the term ‘affiliate’, when used in relation to a covered entity, means another entity that directly or indirectly owned or controlled, was owned or controlled by, or that had 50 percent or more of its equity interests under common ownership or control with, the covered entity. CommentsClose CommentsPermalink
‘(11) MERCHANT COAL UNIT- The term ‘merchant coal unit’ means a coal-fueled unit that-- CommentsClose CommentsPermalink
‘(A) is or is part of a covered entity; CommentsClose CommentsPermalink
‘(B) is not owned by a Federal, State, or regional agency or power authority; and CommentsClose CommentsPermalink
‘(C) generates electricity solely for sale to others, provided that all or a portion of such sales are made by a separate legal entity that-- CommentsClose CommentsPermalink
‘(i) has a full or partial ownership or leasehold interest in the unit, as certified in accordance with such requirements as the Administrator shall prescribe; and CommentsClose CommentsPermalink
‘(ii) is not subject to retail rate regulation or setting of retail rates by-- CommentsClose CommentsPermalink
‘(I) a State regulatory authority; CommentsClose CommentsPermalink
‘(II) a State or political subdivision thereof (or an agency or instrumentality of, or corporation wholly owned by, either of the foregoing); CommentsClose CommentsPermalink
‘(III) an electric cooperative; or CommentsClose CommentsPermalink
‘(IV) an Indian tribe pursuant to tribal law. CommentsClose CommentsPermalink
‘(12) MERCHANT COAL UNIT SALES- The term ‘merchant coal unit sales’ means sales to others of electricity generated by a merchant coal unit that are made by the owner or leaseholder described in paragraph (11)(C). CommentsClose CommentsPermalink
‘(13) NEW COAL-FUELED UNIT- The term ‘new coal-fueled unit’ means a coal-fueled unit that commenced operation on or after January 1, 2009 and before January 1, 2013. CommentsClose CommentsPermalink
‘(14) NEW MERCHANT COAL UNIT- The term ‘new merchant coal unit’ means a merchant coal unit-- CommentsClose CommentsPermalink
‘(A) that commenced operation on or after January 1, 2009 and before January 1, 2013; and CommentsClose CommentsPermalink
‘(B) the actual, on-site construction of which commenced prior to January 1, 2009. CommentsClose CommentsPermalink
‘(15) QUALIFIED HYDROPOWER- The term ‘qualified hydropower’ means-- CommentsClose CommentsPermalink
‘(A) energy produced from increased efficiency achieved, or additions of capacity made, on or after January 1, 1988, at a hydroelectric facility that was placed in service before that date and does not include additional energy generated as a result of operational changes not directly associated with efficiency improvements or capacity additions; or CommentsClose CommentsPermalink
‘(B) energy produced from generating capacity added to a dam on or after January 1, 1988, provided that the Federal Energy Regulatory Commission certifies that-- CommentsClose CommentsPermalink
‘(i) the dam was placed in service before the date of the enactment of this section and was operated for flood control, navigation, or water supply purposes and was not producing hydroelectric power prior to the addition of such capacity; CommentsClose CommentsPermalink
‘(ii) the hydroelectric project installed on the dam is licensed (or is exempt from licensing) by the Federal Energy Regulatory Commission and is in compliance with the terms and conditions of the license or exemption, and with other applicable legal requirements for the protection of environmental quality, including applicable fish passage requirements; and CommentsClose CommentsPermalink
‘(iii) the hydroelectric project installed on the dam is operated so that the water surface elevation at any given location and time that would have occurred in the absence of the hydroelectric project is maintained, subject to any license or exemption requirements that require changes in water surface elevation for the purpose of improving the environmental quality of the affected waterway. CommentsClose CommentsPermalink
‘(16) QUALIFYING SMALL POWER PRODUCTION FACILITY; QUALIFYING COGENERATION FACILITY- The terms ‘qualifying small power production facility’ and ‘qualifying cogeneration facility’ have the meanings given those terms in section 3(17)(C) and 3(18)(B) of the Federal Power Act (
and 796(18)(B)). CommentsClose CommentsPermalink 16 U.S.C. 796(17)(C) ‘(17) RENEWABLE ENERGY RESOURCE- The term ‘renewable energy resource’ means each of the following: CommentsClose CommentsPermalink
‘(A) Wind energy. CommentsClose CommentsPermalink
‘(B) Solar energy. CommentsClose CommentsPermalink
‘(C) Geothermal energy. CommentsClose CommentsPermalink
‘(D) Renewable biomass. CommentsClose CommentsPermalink
‘(E) Biogas derived exclusively from renewable biomass. CommentsClose CommentsPermalink
‘(F) Biofuels derived exclusively from renewable biomass. CommentsClose CommentsPermalink
‘(G) Qualified hydropower. CommentsClose CommentsPermalink
‘(H) Marine and hydrokinetic renewable energy, as that term is defined in section 632 of the Energy Independence and Security Act of 2007 (
). CommentsClose CommentsPermalink 42 U.S.C. 17211 ‘(18) SMALL LDC- The term ‘small LDC’ means, for any given year, an electricity local distribution company that delivered less than 4,000,000 megawatt hours of electric energy directly to retail consumers in the preceding year. CommentsClose CommentsPermalink
‘(19) STATE REGULATORY AUTHORITY- The term ‘State regulatory authority’ has the meaning given that term in section 3(17) of the Public Utility Regulatory Policies Act of 1978 (
). CommentsClose CommentsPermalink 16 U.S.C. 2602(17) ‘(20) USEFUL THERMAL ENERGY- The term ‘useful thermal energy’ has the meaning given that term in section 371(7) of the Energy Policy and Conservation Act (
). CommentsClose CommentsPermalink 42 U.S.C. 6341(7) ‘(b) Electricity Local Distribution Companies- CommentsClose CommentsPermalink
‘(1) DISTRIBUTION OF ALLOWANCES- The Administrator shall distribute to electricity local distribution companies for the benefit of retail ratepayers the quantity of emission allowances allocated for the following vintage year pursuant to section 771(a)(1)(A). Notwithstanding the preceding sentence, the Administrator shall withhold from distribution under this subsection a quantity of emission allowances equal to the lesser of 14.3 percent of the quantity of emission allowances allocated under section 771(a)(1) for the relevant vintage year, or 105 percent of the emission allowances for the relevant vintage year that the Administrator anticipates will be distributed to merchant coal units and to long-term contract generators, respectively, under subsections (c) and (d), on the condition that the Administrator shall be authorized to distribute future vintage year allowances available to long-term contract generators under subsection (d) in the case of a shortfall of allowances in any vintage year, subject to section 772(d)(2). If not required by subsections (c) and (d) to distribute all of these reserved allowances, the Administrator shall distribute any remaining emission allowances to electricity local distribution companies in accordance with this subsection. CommentsClose CommentsPermalink
‘(2) DISTRIBUTION BASED ON EMISSIONS- CommentsClose CommentsPermalink
‘(A) IN GENERAL- For each vintage year, 50 percent of the emission allowances available for distribution under paragraph (1), after reserving allowances for distribution under subsections (c) and (d), shall be distributed by the Administrator among individual electricity local distribution companies ratably based on the annual average carbon dioxide emissions attributable to generation of electricity delivered at retail by each such company during the base period determined under subparagraph (B). CommentsClose CommentsPermalink
‘(B) BASE PERIOD- CommentsClose CommentsPermalink
‘(i) VINTAGE YEARS 2012 AND 2013- For vintage years 2012 and 2013, an electricity local distribution company’s base period shall be-- CommentsClose CommentsPermalink
‘(I) calendar years 2006 through 2008; CommentsClose CommentsPermalink
or‘(II) any 3 consecutive calendar years between 1999 and 2008, inclusive, that such company selects, provided that the company timely informs the Administrator of such selection; or CommentsClose CommentsPermalink
‘(III) calendar year 2012, in the case of a local distribution company that-- CommentsClose CommentsPermalink
‘(aa) is located outside of the Pacific Northwest (as defined in section 3 of the Pacific Northwest Electric Power Planning and Conservation Act (
)), and purchased long-term excess Federal power and Hungry Horse Reservation power from the Bonneville Power Administration; and CommentsClose CommentsPermalink 16 U.S.C. 839a ‘(bb) will no longer have long-term excess Federal power or Hungry Horse Reservation power from the Bonneville Power Administration after October 1, 2011. CommentsClose CommentsPermalink
‘(ii) VINTAGE YEARS 2014 AND THEREAFTER- For vintage years 2014 and thereafter, the base period shall be-- CommentsClose CommentsPermalink
‘(I) the base period selected under clause (i); or CommentsClose CommentsPermalink
‘(II) calendar year 2012, in the case of an electricity local distribution company that -- CommentsClose CommentsPermalink
‘(aa) an electricity local distribution company that owns, co-owns, or purchases through a power purchase agreement (whether directly or through a cooperative arrangement) a substantial portion of the electricity generated by a new coal-fueled unit, provided that such company on the condition that such company timely informs the Administrator of its election to use 2012 as its base period; or CommentsClose CommentsPermalink
‘(bb) any small local distribution company that is located outside of the Pacific Northwest (as defined in section 3 of the Pacific Northwest Electric Power Planning and Conservation Act (
)), that purchased long-term excess Federal power and Hungry Horse Reservation power from the Bonneville Power Administration, and that will no longer have long-term excess Federal power or Hungry Horse Reservation power from the Bonneville Power Administration after October 1, 2011, on the condition that such company timely informs the Administrator of its election to use 2012 as its base period. CommentsClose CommentsPermalink 16 U.S.C. 839a
‘(C) DETERMINATION OF EMISSIONS- CommentsClose CommentsPermalink
‘(i) DETERMINATION FOR 1999-2008- As part of the regulations promulgated pursuant to subsection (g), the Administrator, after consultation with the Energy Information Administration, shall determine the average amount of carbon dioxide emissions attributable to generation of electricity delivered at retail by each electricity local distribution company for each of the years 1999 through 2008, taking into account entities’ electricity generation, electricity purchases, and electricity sales. In the case of any electricity local distribution company that owns, co-owns, or purchases through a power purchase agreement (whether directly or through a cooperative arrangement) a substantial portion of the electricity generated by, a coal-fueled unit that commenced operation after January 1, 2006, and before December 31, 2008, the Administrator shall adjust the emissions attributable to such company’s retail deliveries in calendar years 2006 through 2008 to reflect the emissions that would have occurred if the relevant unit were in operation during the entirety of such 3-year period. CommentsClose CommentsPermalink
‘(ii) ADJUSTMENTS FOR NEW COAL-FUELED UNITS- CommentsClose CommentsPermalink
‘(I) VINTAGE YEARS 2012 AND 2013- For purposes of emission allowance distributions for vintage years 2012 and 2013, in the case of any electricity local distribution company that owns, co-owns, or purchases through a power purchase agreement (whether directly or through a cooperative arrangement) a substantial portion of the electricity generated by, a new coal-fueled unit, the Administrator shall adjust the emissions attributable to such company’s retail deliveries in the applicable base period to reflect the emissions that would have occurred if the new coal-fueled unit were in operation during such period. CommentsClose CommentsPermalink
‘(II) VINTAGE YEAR 2014 AND THEREAFTER- Not later than necessary for use in making emission allowance distributions under this subsection for vintage year 2014, the Administrator shall, for any electricity local distribution company that owns, co-owns, or purchases through a power purchase agreement (whether directly or through a cooperative arrangement) a substantial portion of the electricity generated by a new coal-fueled unit and has selected calendar year 2012 as its base period pursuant to subparagraph (B)(ii)(II), determine the amount of carbon dioxide emissions attributable to generation of electricity delivered at retail by such company in calendar year 2012. If the relevant new coal-fueled unit was not yet operational by January 1, 2012, the Administrator shall adjust such determination to reflect the emissions that would have occurred if such unit were in operation for all of calendar year 2012. CommentsClose CommentsPermalink
‘(iii) REQUIREMENTS- Determinations under this paragraph shall be as precise as practicable, taking into account the nature of data currently available and the nature of markets and regulation in effect in various regions of the country. The following requirements shall apply to such determinations: CommentsClose CommentsPermalink
‘(I) The Administrator shall determine the amount of fossil fuel-based electricity delivered at retail by each electricity local distribution company, and shall use appropriate emission factors to calculate carbon dioxide emissions associated with the generation of such electricity. CommentsClose CommentsPermalink
‘(II) Where it is not practical to determine the precise fuel mix for the electricity delivered at retail by an individual electricity local distribution company, the Administrator may use the best available data, including average data on a regional basis with reference to Regional Transmission Organizations or regional entities (as that term is defined in section 215(a)(7) of the Federal Power Act (
), to estimate fuel mix and emissions. Different methodologies may be applied in different regions if appropriate to obtain the most accurate estimate. CommentsClose CommentsPermalink 16 U.S.C. 824o(a)(7) ‘(3) DISTRIBUTION BASED ON DELIVERIES- CommentsClose CommentsPermalink
‘(A) INITIAL FORMULA- Except as provided in subparagraph (B), for each vintage year, the Administrator shall distribute 50 percent of the emission allowances available for distribution under paragraph (1), after reserving allowances for distribution under subsections (c) and (d), among individual electricity local distribution companies ratably based on each electricity local distribution company’s annual average retail electricity deliveries for calendar years 2006 through 2008, unless the owner or operator of the company selects 3 other consecutive years between 1999 and 2008, inclusive, and timely notifies the Administrator of its selection. CommentsClose CommentsPermalink
‘(B) UPDATING- Prior to distributing 2015 vintage year emission allowances under this paragraph and at 3-year intervals thereafter, the Administrator shall update the distribution formula under this paragraph to reflect changes in each electricity local distribution company’s service territory since the most recent formula was established. For each successive 3-year period, the Administrator shall distribute allowances ratably among individual electricity local distribution companies based on the product of-- CommentsClose CommentsPermalink
‘(i) each electricity local distribution company’s average annual deliveries per customer during calendar years 2006 through 2008, or during the 3 alternative consecutive years selected by such company under subparagraph (A); and CommentsClose CommentsPermalink
‘(ii) the number of customers of such electricity local distribution company in the most recent year in which the formula is updated under this subparagraph. CommentsClose CommentsPermalink
‘(4) PROHIBITION AGAINST EXCESS DISTRIBUTIONS- The regulations promulgated under subsection (g) shall ensure that, notwithstanding paragraphs (2) and (3), no electricity local distribution company shall receive a greater quantity of allowances under this subsection than is necessary to offset any increased electricity costs to such company’s retail ratepayers, including increased costs attributable to purchased power costs, due to enactment of this title. Any emission allowances withheld from distribution to an electricity local distribution company pursuant to this paragraph shall be distributed among all remaining electricity local distribution companies ratably based on emissions pursuant to paragraph (2). CommentsClose CommentsPermalink
‘(5) USE OF ALLOWANCES- CommentsClose CommentsPermalink
‘(A) RATEPAYER BENEFIT- Emission allowances distributed to an electricity local distribution company under this subsection shall be used exclusively for the benefit of retail ratepayers of such electricity local distribution company and may not be used to support electricity sales or deliveries to entities or persons other than such ratepayers. CommentsClose CommentsPermalink
‘(B) RATEPAYER CLASSES- In using emission allowances distributed under this subsection for the benefit of ratepayers, an electricity local distribution company shall ensure that ratepayer benefits are distributed-- CommentsClose CommentsPermalink
‘(i) among ratepayer classes ratably based on electricity deliveries to each class; and CommentsClose CommentsPermalink
‘(ii) equitably among individual ratepayers within each ratepayer class, including entities that receive emission allowances pursuant to part F. CommentsClose CommentsPermalink
‘(C) LIMITATION- In general, an electricity local distribution company shall not use the value of emission allowances distributed under this subsection to provide to any ratepayer a rebate that is based solely on the quantity of electricity delivered to such ratepayer. To the extent an electricity local distribution company uses the value of emission allowances distributed under this subsection to provide rebates, it shall, to the maximum extent practicable, provide such rebates with regard to the fixed portion of ratepayers’ bills or as a fixed credit or rebate on electricity bills. CommentsClose CommentsPermalink
‘(D) RESIDENTIAL AND INDUSTRIAL RATEPAYERS- Notwithstanding subparagraph (C), if compliance with the requirements of this title results (or would otherwise result) in an increase in electricity costs for residential or industrial retail ratepayers of any given electricity local distribution company (including entities that receive emission allowances pursuant to part F), such electricity local distribution company-- CommentsClose CommentsPermalink
‘(i) shall pass through to residential retail ratepayers as a class their ratable share (based on deliveries to each ratepayer class) of the value of the emission allowances that reduce electricity cost impacts on such ratepayers; and CommentsClose CommentsPermalink
‘(ii) shall pass through to industrial ratepayers as a class their ratable share (based on deliveries to each ratepayer class) of the value of the emission allowances that reduce electricity cost impacts on such ratepayers. The electricity local distribution company may do so based on the quantity of electricity delivered to individual industrial retail ratepayers. CommentsClose CommentsPermalink
‘(E) GUIDELINES- As part of the regulations promulgated under subsection (g), the Administrator shall, after consultation with State regulatory and tribal regulatory authorities, prescribe guidelines for the implementation of the requirements of this paragraph. Such guidelines shall include-- CommentsClose CommentsPermalink
‘(i) requirements to ensure that residential and industrial retail ratepayers (including entities that receive emission allowances under part F) receive their ratable share of the value of the allowances distributed to each electricity local distribution company pursuant to this subsection; and CommentsClose CommentsPermalink
‘(ii) requirements for measurement, verification, reporting, and approval of methods used to assure the use of allowance values to benefit retail ratepayers. CommentsClose CommentsPermalink
‘(6) REGULATORY PROCEEDINGS- CommentsClose CommentsPermalink
‘(A) REQUIREMENT- No electricity local distribution company shall be eligible to receive emission allowances under this subsection or subsection (e) unless the State regulatory authority with authority over such company’s retail rates, or the entity with authority to regulate or set retail electricity rates of an electricity local distribution company not regulated by a State regulatory authority, has-- CommentsClose CommentsPermalink
‘(i) after public notice and an opportunity for comment, promulgated a regulation or completed a rate proceeding (or the equivalent, in the case of a ratemaking entity other than a State regulatory authority) that provides for the full implementation of the requirements of paragraph (5) of this subsection and the requirements of subsection (e); and CommentsClose CommentsPermalink
‘(ii) made available to the Administrator and the public a report describing, in adequate detail, the manner in which the requirements of paragraph (5) and the requirements of subsection (e) will be implemented. CommentsClose CommentsPermalink
‘(B) UPDATING- The Administrator shall require, as a condition of continued receipt of emission allowances under this subsection by an electricity local distribution company, that a new regulation be promulgated or rate proceeding be completed , after public notice and an opportunity for comment, and a new report be made available to the Administrator and the public, pursuant to subparagraph (A), not less frequently than every 5 years. CommentsClose CommentsPermalink
‘(7) PLANS AND REPORTING- CommentsClose CommentsPermalink
‘(A) REGULATIONS- As part of the regulations promulgated under subsection (g), the Administrator shall prescribe requirements governing plans and reports to be submitted in accordance with this paragraph. CommentsClose CommentsPermalink
‘(B) PLANS- Not later than April 30 of 2011 and every 5 years thereafter through 2026, each electricity local distribution company shall submit to the Administrator a plan, approved by the State regulatory authority or other entity charged with regulating tor setting the retail rates of such company, describing such company’s plans for the disposition of the value of emission allowances to be received pursuant to this subsection and subsection (e), in accordance with the requirements of this subsection and subsection (e). Such plan shall include a description of the manner in which the company will provide to industrial retail ratepayers (including entities that receive emission allowances under part F) their ratable share of the value of such allowances. CommentsClose CommentsPermalink
‘(C) REPORTS- Not later than June 30, 2013, and each calendar year thereafter through 2031, each electricity local distribution company shall submit a report to the Administrator, and to the relevant State regulatory authority or other entity charged with regulating or setting the retail electricity rates of such company, describing the disposition of the value of any emission allowances received by such company in the prior calendar year pursuant to this subsection and subsection (e), including-- CommentsClose CommentsPermalink
‘(i) a description of sales, transfer, exchange, or use by the company for compliance with obligations under this title, of any such emission allowances; CommentsClose CommentsPermalink
‘(ii) the monetary value received by the company, whether in money or in some other form, from the sale, transfer, or exchange of any such emission allowances; CommentsClose CommentsPermalink
‘(iii) the manner in which the company’s disposition of any such emission allowances complies with the requirements of this subsection and of subsection (e), including each of the requirements of paragraph (5) of this subsection, including the requirement that industrial retail ratepayers (including entities that receive emission allowances under part F) receive their ratable share of the value of such allowances; and CommentsClose CommentsPermalink
‘(iv) such other information as the Administrator may require pursuant to subparagraph (A). CommentsClose CommentsPermalink
‘(D) PUBLICATION- The Administrator shall make available to the public all plans and reports submitted under this subsection, including by publishing such plans and reports on the Internet. CommentsClose CommentsPermalink
‘(8) ADMINISTRATOR AUDIT REPORTS- CommentsClose CommentsPermalink
‘(A) IN GENERAL- Each year, the Administrator shall audit a representative sample of electricity local distribution companies to ensure that emission allowances distributed under this subsection have been used exclusively for the benefit of retail ratepayers and that such companies are complying with the requirements of this subsection and of subsection (e), including the requirement that residential and industrial retail ratepayers (including entities that receive emission allowances under part F) receive their ratable share of the value of such allowances. The Administrator shall assess the degree to which electric local distribution companies have maintained a marginal electric price signal while protecting consumers on total cost using the value of emissions allowances. In selecting companies for audit, the Administrator shall take into account any credible evidence of noncompliance with such requirements. The Administrator shall make available to the public a report describing the results of each such audit, including by publishing such report on the Internet. CommentsClose CommentsPermalink
‘(B) GAO AUDIT REPORT- Not later than April 30, 2015, and every 3 years thereafter through 2026, the Comptroller General of the United States, incorporating results from the Administrators’ audit report and other relevant information including distribution company reports, shall conduct an in-depth evaluation and make available to the public a report on the investments made pursuant to paragraph (5). Said report shall be made available to the State regulatory authority, or the entity with authority to regulate or set retail electricity rates in the case of an electricity distribution company that is not regulated by a State regulatory authority, and shall include a description of how the distribution companies in the audit meet or fail to meet the requirement of paragraph (5), including for investments made in cost-effective end-use energy efficiency programs, the lifetime and annual energy saving benefits, and capacity benefits of said programs. CommentsClose CommentsPermalink
‘(C) ADMINISTRATOR COST CONTAINMENT REPORT- Not later than April 30, 2015 and every 3 years thereafter through 2026, the Administrator shall transmit a report to Congress containing an evaluation of the disposition of the value of emission allowances received pursuant to this subsection and subsection (e) and recommendations of ways to more effectively direct the value of allowances to reduce costs for consumers, contain the overall costs of the greenhouse gas emissions reduction program, and meet the pollution reduction targets of the Act. The Administrator shall make available to the public such report, including by publishing such report on the Internet. CommentsClose CommentsPermalink
‘(9) ENFORCEMENT- A violation of any requirement of this subsection or of subsection (e), irrespective of approval by a State regulatory authority, shall be a violation of this Act. Each emission allowance the value of which is used in violation of the requirements of this subsection or of subsection (e) shall be a separate violation. CommentsClose CommentsPermalink
‘(c) Merchant Coal Units- CommentsClose CommentsPermalink
‘(1) QUALIFYING EMISSIONS- The qualifying emissions for a merchant coal unit for a given calendar year shall be the product of the number of megawatt hours of merchant coal unit sales generated by such unit in such calendar year and the average carbon dioxide emissions per megawatt hour generated by such unit during the base period under paragraph (2), provided that the number of megawatt hours in a given calendar year for purposes of such calculation shall be reduced in proportion to the portion of such unit’s carbon dioxide emissions that are either-- CommentsClose CommentsPermalink
‘(A) captured and sequestered in such calendar year; or CommentsClose CommentsPermalink
‘(B) attributable to the combustion or gasification of biomass, to the extent that the owner or operator of the unit is not required to hold emission allowances for such emissions. CommentsClose CommentsPermalink
‘(2) BASE PERIOD- For purposes of this subsection, the base period for a merchant coal unit shall be-- CommentsClose CommentsPermalink
‘(A) calendar years 2006 through 2008; or CommentsClose CommentsPermalink
‘(B) in the case of a new merchant coal unit-- CommentsClose CommentsPermalink
‘(i) the first full calendar year of operation of such unit, if such unit commences operation before January 1, 2012; CommentsClose CommentsPermalink
‘(ii) calendar year 2012, if such unit commences operation on or after January 1, 2012, and before October 1, 2012; or CommentsClose CommentsPermalink
‘(iii) calendar year 2013, if such unit commences operation on or after October 1, 2012, and before January 1, 2013. CommentsClose CommentsPermalink
‘(3) PhaseHASE-DOWN SCHEDULE- The Administrator shall identify an annual phase-down factor, applicable to distributions to merchant coal units for each of vintage years 2012 through 2029, that corresponds to the overall decline in the amount of emission allowances allocated to the electricity sector in such years pursuant to section 771(a)(1). Such factor shall-- CommentsClose CommentsPermalink
‘(A) for vintage year 2012, be equal to 1.0; CommentsClose CommentsPermalink
‘(B) for each of vintage years 2013 through 2029, correspond to the quotient of-- CommentsClose CommentsPermalink
‘(i) the quantity of emission allowances allocated under section 771(a)(1) for such vintage year; divided by CommentsClose CommentsPermalink
‘(ii) the quantity of emission allowances allocated under section 771(a)(1) for vintage year 2012. CommentsClose CommentsPermalink
‘(4) DISTRIBUTION OF EMISSION ALLOWANCES- Not later than March 1 of 2013 and each calendar year through 2030, the Administrator shall distribute emission allowances of the preceding vintage year to the owner or operator of each merchant coal unit described in subsection (a)(11)(C) in an amount equal to the product of-- CommentsClose CommentsPermalink
‘(A) 0.5; CommentsClose CommentsPermalink
‘(B) the qualifying emissions for such merchant coal unit for the preceding year, as determined under paragraph (1); and CommentsClose CommentsPermalink
‘(C) the phase-down factor for the preceding calendar year, as identified under paragraph (3). CommentsClose CommentsPermalink
‘(5) ADJUSTMENT- CommentsClose CommentsPermalink
‘(A) STUDY- Not later than July 1, 20145 years after the date of enactment of the Clean Energy Jobs and American Power Act, the Administrator, in consultation with the Federal Energy Regulatory Commission, shall complete a issue a study to determine whether the allocation formula under paragraph (3) is resulting in, or is likely to result in, windfall profits to merchant coal generators or substantially disparate treatment of merchant coal generators operating in different markets or regions. CommentsClose CommentsPermalink
‘(B) REGULATION- If the Administrator, in consultation with the Federal Energy Regulatory Commission, makes an affirmative finding of windfall profits or disparate treatment under subparagraph (A), the Administrator shall, not later than 18 months after the completion of the study described in subparagraph (A), promulgate regulations providing for the adjustment of the allocation formula under paragraph (3) to mitigate, to the extent practicable, such windfall profits, if any, and such disparate treatment, if any. CommentsClose CommentsPermalink
‘(6) LIMITATION ON ALLOWANCES- Notwithstanding paragraph (4) or (5), for each vintage year the Administrator shall distribute under this subsection no more than 10 percent of the total quantity of emission allowances available for such vintage year for distribution to the electricity sector under section 771(a)(1). If the quantity of emission allowances that would otherwise be distributed pursuant to paragraph (4) or (5) for any vintage year would exceed such limit, the Administrator shall distribute 10 percent of the total emission allowances available for distribution under section 771(a)(1) for such vintage year ratably among merchant coal generators based on the applicable formula under paragraph (4) or (5). CommentsClose CommentsPermalink
‘(7) ELIGIBILITY- The owner or operator of a merchant coal unit shall not be eligible to receive emission allowances under this subsection for any vintage year for which such owner or operator has elected to receive emission allowances for the same unit under subsection (d). CommentsClose CommentsPermalink
‘(d) Long-Tterm Contract Generators- CommentsClose CommentsPermalink
‘(1) DISTRIBUTION- Not later than March 1, 2013, and each calendar year through 2030, the Administrator shall distribute to the owner or operator of each long-term contract generator a quantity of emission allowances of the preceding vintage year that is equal to the sum of-- CommentsClose CommentsPermalink
‘(A) the number of tons of carbon dioxide emitted as a result of a qualifying electricity sales agreement referred to in subsection (a)(10)(B)(i); and CommentsClose CommentsPermalink
‘(B) the incremental number of tons of carbon dioxide emitted solely as a result of a qualifying thermal sales agreement referred to in subsection (a)(10)(B)(ii), provided that in no event shall the Administrator distribute more than 1 emission allowance for the same ton of emissions. CommentsClose CommentsPermalink
‘(2) LIMITATION ON ALLOWANCES- CommentsClose CommentsPermalink
‘(A) IN GENERAL- Notwithstanding paragraph (1), for each vintage year the Administrator shall distribute under this subsection no more than 4.3 percent of the total quantity of emission allowances available for such vintage year for distribution to the electricity sector under section 771(a)(1). CommentsClose CommentsPermalink
‘(B) FUTURE VINTAGE YEAR ALLOWANCES- CommentsClose CommentsPermalink
‘(i) IN GENERAL- To the extent that any quantity of allowances that would otherwise be distributed pursuant to paragraph (1) would exceed 4.3 percent in any vintage year, the Administrator shall distribute future vintage year allowances reserved for long-term contract generators under this section to satisfy any such shortfall in available allowances, subject to projections by the Administrator of required allowance needs for long-term contract generators in future vintage years. CommentsClose CommentsPermalink
‘(ii) MAINTENANCE OF YEAR- Future vintage year allowances distributed pursuant to this subsection shall maintain the future vintage year assigned to those allowances. CommentsClose CommentsPermalink
‘(C) SHORTFALL- If the quantity of emission allowances that would otherwise be distributed pursuant to paragraph (1) for any vintage year would exceed such limit, the Administrator shall distribute 4.3 percent of the totalresult in a shortfall based on a consideration of available allowances under this subsection over the entire allocation period, as determined by the Administrator, the Administrator shall distribute the emission allowances available for distribution under section 771(a)(1) for such vintage year ratably among long-term contract generators based onin accordance with paragraph (1). CommentsClose CommentsPermalink
‘(3) ELIGIBILITY- CommentsClose CommentsPermalink
‘(A) FACILITY ELIGIBILITY- The owner or operator of a facility shall cease to be eligible to receive emission allowances under this subsection upon the earliest date on which the facility no longer meets each and every element of the definition of a long-term contract generator under subsection (a)(10). CommentsClose CommentsPermalink
‘(B) CONTRACT ELIGIBILITY- The owner or operator of a facility shall cease to be eligible to receive emission allowances under this subsection based on an electricity or thermal sales agreement referred to in subsection (a)(10)(B) upon the earliest date that such agreement-- CommentsClose CommentsPermalink
‘(i) expires; CommentsClose CommentsPermalink
‘(ii) is terminated; or CommentsClose CommentsPermalink
‘(iii) is amended in any way that changes the location of the facility, the price (whether a fixed price or price formula) for electricity or thermal energy sold under such agreement, the quantity of electricity or thermal energy sold under the agreement, or the expiration or termination date of the agreement. CommentsClose CommentsPermalink
‘(4) DEMONSTRATION OF ELIGIBILITY- To be eligible to receive allowance distributions under this subsection, the owner or operator of a long-term contract generator shall submit each of the following in writing to the Administrator within 180 days after the date of enactment of this title, and not later than September 30 of each vintage year for which such generator wishes to receive emission allowances: CommentsClose CommentsPermalink
‘(A) A certificate of representation described in section 700(15). CommentsClose CommentsPermalink
‘(B) An identification of each owner and each operator of the facility. CommentsClose CommentsPermalink
‘(C) An identification of the units at the facility and the location of the facility. CommentsClose CommentsPermalink
‘(D) A written certification by the designated representative that the facility meets all the requirements of the definition of a long-term contract generator. CommentsClose CommentsPermalink
‘(E) The expiration date of each qualifying electricity or thermal sales agreement referred to in subsection (a)(10)(B). CommentsClose CommentsPermalink
‘(F) A copy of each qualifying electricity or thermal sales agreement referred to in subsection (a)(10)(B). CommentsClose CommentsPermalink
‘(5) NOTIFICATION- Not later than 30 days after, in accordance with paragraph (3), a facility or an agreement ceases to meet the eligibility requirements for distribution of emission allowances pursuant to this subsection, the designated representative of such