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S.2729 - Clean Energy Partnerships Act of 2009
A bill to reduce greenhouse gas emissions from uncapped domestic sources, and for other purposes.
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Ms. STABENOW (for herself, Mr. BAUCUS, Ms. KLOBUCHAR, Mr. BROWN, Mr. BEGICH, Mr. HARKIN, and Mrs. SHAHEEN) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
TITLE I--OFFSET CREDIT PROGRAM FOR DOMESTIC EMISSION REDUCTIONS
TITLE II--CARBON CONSERVATION PROGRAM
TITLE III--RURAL CLEAN ENERGY RESOURCES
TITLE IV--AGRICULTURE AND FORESTRY RESEARCH FOR GREENHOUSE GAS MITIGATION
SEC. 101. DEFINITIONS.
(3) ADVISORY COMMITTEE- The term ‘Advisory Committee’ means the Greenhouse Gas Emission Reduction and Sequestration Advisory Committee established under section 102(a)(1).CommentsClose CommentsPermalink
SEC. 102. ADVISORY COMMITTEE.
(1) ADVISORY COMMITTEE- The Secretary and the Administrator shall jointly establish an advisory committee, to be known as the ‘Greenhouse Gas Emission Reduction and Sequestration Advisory Committee’, to provide scientific and technical advice on the establishment and implementation of an offset project program with respect to offset projects under the jurisdiction of the Secretary and the Administrator.CommentsClose CommentsPermalink
(1) IN GENERAL- The Advisory Committee shall be composed of not less than 9 and not more than 15 individuals with relevant education, training, and experience, selected jointly by the Secretary and the Administrator, who shall be--CommentsClose CommentsPermalink
(A) shall be appointed to the Advisory Committee for a term of 3 years (except for initial terms for which members may be appointed for a term of 4 or 5 years to allow staggering); andCommentsClose CommentsPermalink
(5) INITIAL MEETING- Not later than 30 days after the date on which all members of the Advisory Committee have been appointed, the Advisory Committee shall hold the initial meeting of the Advisory Committee.CommentsClose CommentsPermalink
(c) Expertise- On approval of the Secretary and the Administrator, the Advisory Committee may seek outside expertise, as necessary, and form subcommittees or workgroups for any purpose consistent with this section.CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 180 days after the date on which all initial members of the Advisory Committee have been appointed, the Advisory Committee shall submit to the Secretary and the Administrator and make available to the public a report containing recommendations regarding the types of offset project categories pursuant to section 104, and relevant scientific data regarding practices for those categories, that should be considered to be eligible to generate offset credits under this title.CommentsClose CommentsPermalink
(C) CATEGORIES FOR CONSIDERATION- In determining which categories of activities to recommend under subparagraph (A), the Advisory Committee shall consider, at a minimum, with respect to each category and the jurisdiction of the Secretary and Administrator, as appropriate, project types that are listed under section 104.CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 180 days before the date of promulgation of any regulations relating to offsets required under a Federal law enacted for the purpose of regulating greenhouse gas emissions, and periodically thereafter, using the best available science, the Advisory Committee shall jointly provide to the Secretary and the Administrator, respectively, and submit for publication a report containing priority recommendations on how to ensure the emission reduction integrity of the offset projects under this title, including with regard to--CommentsClose CommentsPermalink
(iii) accounting for economic and emission leakage associated with project activities, including the application of sector-specific leakage factors in order to reflect net changes in emissions and sequestration resulting from the project;CommentsClose CommentsPermalink
(viii) meeting any other criteria the Advisory Committee recommends be applied to ensure that projects assist in meeting the overall objectives of a Federal law enacted for the purpose of regulating greenhouse gas emissions.CommentsClose CommentsPermalink
(B) RESPONSE- Not later than 180 days after the date of receipt of a report under subparagraph (A), the Secretary and the Administrator shall jointly make available to the public a response to the report.CommentsClose CommentsPermalink
(1) HEARINGS- The Advisory Committee may, with the consent of the Secretary and the Administrator, hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Advisory Committee considers advisable to carry out this section.CommentsClose CommentsPermalink
(A) IN GENERAL- The Advisory Committee may secure directly from a Federal agency such information as the Advisory Committee considers necessary to carry out this section.CommentsClose CommentsPermalink
(3) POSTAL SERVICES- The Advisory Committee may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government.CommentsClose CommentsPermalink
(A) NON-FEDERAL EMPLOYEES- A member of the Advisory Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under
(B) FEDERAL EMPLOYEES- A member of the Advisory Committee who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government.CommentsClose CommentsPermalink
(2) TRAVEL EXPENSES- A member of the Advisory Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Advisory Committee.CommentsClose CommentsPermalink
SEC. 103. ESTABLISHMENT OF PROGRAM TO CREDIT EMISSION REDUCTIONS FROM UNCAPPED DOMESTIC SOURCES AND SINKS.
(1) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the Administrator and the Secretary shall, in accordance with this title, establish a program to govern the creation of credits from emission reductions from uncapped domestic sources and sinks while ensuring that offset credits represent additional greenhouse gas emission reductions in accordance with section 105.CommentsClose CommentsPermalink
(2) EMISSION REDUCTION INTEGRITY; RULEMAKING- In carrying out the program under this section, the Administrator and the Secretary shall, to the maximum extent practicable--CommentsClose CommentsPermalink
(B) prioritize rulemaking for activities that present the fewest technical challenges and greatest certainty of net atmospheric benefit, considering the recommendations of--CommentsClose CommentsPermalink
(C) ensure that consistent requirements and procedures apply in the case of offset project types that fall within the respective purviews of the Administrator and the Secretary; andCommentsClose CommentsPermalink
(b) Registry- Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Secretary and the heads of other appropriate Federal agencies, shall establish a registry (or expand an established emission allowance registry) for use in recording approved credits issued under this section to reflect emission reductions from uncapped sources and sinks.CommentsClose CommentsPermalink
(c) Department of Agriculture Role- In addition to the duties described in subsection (a) and section 1245 of the Food Security Act of 1985 (
(3) prepare the Forest Service, the Natural Resources Conservation Service, the Farm Service Agency, and other applicable entities to make available to landowners and project representatives carbon sequestration data and other information on agricultural and forest land that are necessary to assist landowners and project representatives in estimating carbon sequestration rates by land area or appropriate region, forest type, soil type, and other appropriate factors;CommentsClose CommentsPermalink
(4) make available technical assistance to landowners undertaking activities in preparation for the sale of carbon credits derived from activities on the land of the landowners, including work and opportunities with aggregators and third-party verifiers pursuant to section 107;CommentsClose CommentsPermalink
(5) take into consideration expanding existing training and accreditation programs of the Natural Resources Conservation Service for third-party technical service providers to provide training and accreditation for third-party verifiers pursuant to section 107;CommentsClose CommentsPermalink
SEC. 104. ELIGIBLE PROJECTS.
(a) List of Eligible Project Types- Each appropriate official shall establish and maintain a list of types of offset projects eligible to generate offset credits under this title.CommentsClose CommentsPermalink
(2) EMISSION REDUCTION ACTIVITIES- The appropriate official shall include on the list required under this subsection, at a minimum, activities that provide emission reductions and meet the requirement of section 105, including--CommentsClose CommentsPermalink
(C) nonlandfill projects that involve collection, combustion, or avoidance of emissions from organic waste streams that would have otherwise emitted methane into the atmosphere, including manure management, composting, or anaerobic digestion projects;CommentsClose CommentsPermalink
(F) projects that capture and geologically sequester uncapped greenhouse gas emissions with or without enhanced oil or methane recovery in active or depleted oil, carbon dioxide, natural gas reservoirs or other geological formations;CommentsClose CommentsPermalink
(K) projects in communities reliant on small, isolated electricity grids involving conversion from diesel to renewable sources of energy, including electricity generation facilities with emissions below required levels for compliance with any limitation on district or home heating in those communities;CommentsClose CommentsPermalink
(iii) the use of technology or practices to improve the management of nitrogen fertilizer use, including slow and controlled-release fertilizers (including absorbed, coated, occluded, or reacted fertilizers) and stabilized nitrogen fertilizers (including urease, nitrification inhibitors, and nitrogen stabilizers) that are recognized by State regulators of fertilizers;CommentsClose CommentsPermalink
(A) IN GENERAL- At any time, after taking into consideration any relevant recommendations of the Advisory Committee, the appropriate official may by regulation determine whether to add additional types of projects, pursuant to subsection (a), to the list of eligible projects of the appropriate official under subsection (a).CommentsClose CommentsPermalink
(B) CRITERION FOR ADDITION- The appropriate official shall add a type of project to an eligible list in accordance with subparagraph (A) only if the type of project to be added is capable of generating emission reductions that meet the requirements under this title.CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than January 1, 2015, and every 3 years thereafter, the appropriate official shall determine whether to remove types of projects, pursuant to subsection (b), from the eligible list of the appropriate official.CommentsClose CommentsPermalink
(II) the agency with responsibility for administering the project determines that the environmental harm resulting from the type of project exceeds the greenhouse gas emission abatement benefits of the project;CommentsClose CommentsPermalink
SEC. 105. REQUIREMENTS FOR OFFSET PROJECTS.
(a) Methodologies- Not later than 1 year after the date of inclusion of a project type on an eligible list under section 104(a), the appropriate official shall by regulation establish for that project type 1 or more standardized methodologies (giving priority to projects with well-established methodologies) or performance standards that can be developed so that the project type can meet the requirements of this section--CommentsClose CommentsPermalink
(1) for use in determining the additionality of greenhouse gas emission reductions achieved by an offset project of that type, that ensures, at a minimum, that any greenhouse gas emission reduction is considered additional only to the extent that the emission reduction results from activities that--CommentsClose CommentsPermalink
(B) were not commenced prior to January 1, 2009, except for offset project activities described in section 110 that commenced after January 1, 2001, and were registered as of the date of enactment of this Act under an offset program with respect to which the Administrator and the Secretary have made an affirmative determination under paragraph (2) or (3) of section 110(a) or section 110(e); andCommentsClose CommentsPermalink
(2) for use in establishing activity baselines for offset projects of that type, which activity baselines shall be established by the appropriate official to reflect a conservative estimate of business-as-usual performance or practices for the relevant type of activity such that the baseline provides a science-based margin of safety to ensure the emission integrity of offsets calculated in reference to the baseline, including (in the case of an agricultural or forestry offset project) the establishment by the Secretary of a temporary baseline for offset projects of that type to establish a date after which offset credits may be calculated with respect to the baseline that may reflect a continuation of practices in place prior to the adoption of the offset project;CommentsClose CommentsPermalink
(3) for use in determining the extent to which greenhouse gas emission reductions achieved by an offset project of that type exceed a relevant activity baseline, including protocols for use in monitoring and accounting for uncertainty; andCommentsClose CommentsPermalink
(A) IN GENERAL- For each type of sequestration project listed under section 104, the appropriate official shall prescribe such mechanisms to ensure that any sequestration with respect to which an offset credit is issued under this title results in a net increase in sequestration, and that a full and transparent account is taken of any actual or potential reversal of the sequestration, with an adequate margin of safety for the complete term of an offset project agreement approved under section 106.CommentsClose CommentsPermalink
(ii) Insurance that provides for purchase and provision to the appropriate official for retirement of a quantity 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
(A) IN GENERAL- An offsets reserve referred to in paragraph (1)(B)(i) is a program under which, before issuance of offset credits under this title, the appropriate official shall--CommentsClose CommentsPermalink
(i) IN GENERAL- If a reversal has occurred with respect to an offset project for which offset credits are reserved under this paragraph, the appropriate official shall remove offset credits from the offsets reserve and cancel the credits to fully account for the tons of carbon dioxide equivalent that are no longer sequestered.CommentsClose CommentsPermalink
(ii) INTENTIONAL REVERSALS- If the appropriate official determines that a reversal was intentional, the offset project representative 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 150 percent of the number of reserve offset credits that were canceled due to the reversal pursuant to clause (i).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 other obligations under a Federal law enacted for the purpose of regulating greenhouse gas emissions.CommentsClose CommentsPermalink
(i) IN GENERAL- With respect to an agricultural, forestry, or any other sequestration practice listed under section 104 that sequesters greenhouse gases, the Secretary may develop mechanisms in addition to paragraphs (1) and (2) in order to ensure that less-than-perpetual sequestration agreements under this subsection meet the requirements of this section and maintain the integrity of the overall emission reduction targets of a Federal law enacted for the purpose of regulating greenhouse gas emissions.CommentsClose CommentsPermalink
(B) RESPONSIBILITY FOR ACCOUNTING- To account for the termination of any offset agreement approved under section 106 or the termination of the sequestration activity, the Secretary may allow the agreement to assign liability to any part of the agreement for the purposes of carbon accounting.CommentsClose CommentsPermalink
(1) IN GENERAL- For each offset project type, the appropriate official shall specify a crediting period, and establish provisions for petitions for new crediting periods, in accordance with this subsection.CommentsClose CommentsPermalink
(B) REMAINING ELIGIBILITY- Except as provided in paragraph (4), during a crediting period described in subparagraph (A), an offset 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 106.CommentsClose CommentsPermalink
(A) IN GENERAL- An offset project representative 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 at which the petition is submitted.CommentsClose CommentsPermalink
(d) Emission Reduction Integrity- In establishing the requirements under this section, the appropriate official shall apply conservative assumptions or methods to maximize the probability that the emission reduction integrity of Federal benchmarks or mandates are not compromised.CommentsClose CommentsPermalink
(e) Preexisting Methodologies- In promulgating requirements under this section, the appropriate official shall give due consideration to methodologies for offset projects existing as of the date of enactment of this Act.CommentsClose CommentsPermalink
(f) Additional Benefits- Nothing in this section precludes an offset project from meeting the requirements of this section, or from approval under section 106, only because the relevant activity under section 104 receives an additional payment from another source for an ecological service other than emission reductions, including conservation program payments.CommentsClose CommentsPermalink
(g) Data Collection- The appropriate official shall collect such data as are necessary to assess a range of factors relative to the performance and effects of any offset project type.CommentsClose CommentsPermalink
SEC. 106. APPROVAL.
(1) IN GENERAL- Not later than the date of submission of the first verification report for an offset project under section 107, the offset project representative shall submit to the appropriate official a petition for approval of the offset project.CommentsClose CommentsPermalink
(2) PETITION REQUIREMENTS- As part of the regulations promulgated under this title, the appropriate official shall include provisions for, and shall specify, the required components of an offset project approval petition submitted under this subsection, including--CommentsClose CommentsPermalink
(A)(i) make determinations on whether to approve an offset plan and on the quantity of greenhouse gas emissions that have been reduced or avoided, or greenhouse gases that have been sequestered, by the offset practice in an approved and verified offset project plan; andCommentsClose CommentsPermalink
(2) RESUBMISSION- After an offset project is approved, the offset project representative shall not be required to resubmit an approval petition during the crediting period of the offset project.CommentsClose CommentsPermalink
(d) Third-Party Review- The appropriate official may provide for accreditation of independent third parties to provide recommendations to the appropriate official on approvals under this section.CommentsClose CommentsPermalink
(1) IN GENERAL- The appropriate official may establish a voluntary preapproval review procedure to allow an offset project representative to request the appropriate official to conduct a preliminary eligibility review for an offset project.CommentsClose CommentsPermalink
SEC. 107. VERIFICATION OF OFFSET PROJECTS.
(a) In General- As part of the regulations promulgated under this title, the Secretary and the Administrator shall jointly establish requirements, including protocols, for verification of the quantity of greenhouse gas emission reductions that have resulted from an offset project.CommentsClose CommentsPermalink
(1) IN GENERAL- The regulations described in subsection (a) shall require an offset project representative to submit a report, prepared by a third-party verifier accredited under subsection (d), providing such information as the appropriate official requires to determine the quantity of greenhouse gas emission reductions resulting from the offset project.CommentsClose CommentsPermalink
(1) IN GENERAL- As part of the regulations promulgated under this title, the appropriate officials shall jointly establish a process and requirements for periodic accreditation of third-party verifiers to ensure that those verifiers are professionally qualified and have no conflicts of interest.CommentsClose CommentsPermalink
(i) IN GENERAL- The appropriate officials may jointly accredit, or accept for purposes of accreditation under this subsection, verifiers accredited under the American National Standards Institute accreditation program in accordance with standard 14065 of the International Organization of Standards.CommentsClose CommentsPermalink
(ii) REQUIREMENT- The appropriate officials shall accredit, or accept for accreditation, verifiers under this subparagraph only if the appropriate official finds that the American National Standards Institute accreditation program provides sufficient assurance that the requirements of this title will be met.CommentsClose CommentsPermalink
(B) USDA AND EPA ACCREDITATION- As part of the regulations promulgated under this title, the appropriate officials may jointly establish accreditation standards for verifiers under this subsection, including 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 jointly by the appropriate officials.CommentsClose CommentsPermalink
(e) Additional Technology- The Administrator and the Secretary may coordinate and use available resources of any Federal agency, State agency, or other appropriate source that coordinates or collects data from any appropriate technology (including data imaging, remote sensing, light detection and ranging, or other satellite technologies) to verify emission reductions generated under this title.CommentsClose CommentsPermalink
SEC. 108. ISSUANCE OF OFFSET CREDITS.
(a) Issuance of Offset Credits- The Administrator, in consultation with the Secretary with regards to domestic agricultural and forestry projects, shall issue 1 offset credit to an offset project representative for each ton of carbon dioxide equivalent in emission reductions from an offset project that the appropriate official has verified pursuant to section 107.CommentsClose CommentsPermalink
(b) Timing- Offset credits meeting the criteria described in subsection (a) shall be issued by the Administrator not later than 14 days after the date on which the Administrator receives notice of the determination under section 106, including approval and verification information.CommentsClose CommentsPermalink
(c) Registration- In the case of domestic agricultural and forestry projects the Administrator, in consultation with the Secretary, shall assign a unique serial number to and register each offset project to be issued under this title pursuant to section 103(b).CommentsClose CommentsPermalink
SEC. 109. AUDITS AND REVIEWS.
(b) Minimum Audits and Reviews- For each fiscal year, the appropriate officials shall conduct audits and reviews, at minimum, for a representative sample of project types, geographical areas, verification standards and certified verifiers, and specific administrative processes of that offset program.CommentsClose CommentsPermalink
(c) Public Availability of Information- The appropriate officials shall make the results of all audits, in the aggregate, and reviews conducted under this section available to the public.CommentsClose CommentsPermalink
(1) IN GENERAL- The appropriate official may delegate to a State or tribal government the responsibility for conducting audits under this section if the appropriate official finds that--CommentsClose CommentsPermalink
(A) the program proposed by the State or tribal government provides assurances equivalent to the assurances provided by the auditing program of the appropriate official; andCommentsClose CommentsPermalink
(2) AUDITS BY APPROPRIATE OFFICIAL- Nothing in this subsection prevents an appropriate official from conducting any audit the appropriate official considers appropriate.CommentsClose CommentsPermalink
SEC. 110. EARLY OFFSET SUPPLY.
(a) Definition of Qualified Early Offset Program- In this section, the term ‘qualified early offset program’ means any regulatory or voluntary greenhouse gas emission offset program approved under subsection (b).CommentsClose CommentsPermalink
(1) IN GENERAL- The administrator of a regulatory or voluntary greenhouse gas emission offset program may apply to the Administrator and the Secretary for approval as a qualified early offset program under this subsection.CommentsClose CommentsPermalink
(3) CRITERIA FOR APPROVAL- The Administrator, in conjunction with the Secretary, shall approve as a qualified early offset program under this subsection any regulatory or voluntary greenhouse gas emission offset program that--CommentsClose CommentsPermalink
(E) requires that all issued credits be registered in a publicly accessible registry, with individual serial numbers assigned for each ton of carbon dioxide equivalent emission reductions; andCommentsClose CommentsPermalink
(F) ensures that no credits are issued for activities for which the administrator of the program has funded, solicited, or served as a fund administrator for the development of the project or activity that caused the emission reduction.CommentsClose CommentsPermalink
(B) determine that a regulatory or voluntary greenhouse gas emission offset program shall not be considered a qualified early offset program with respect to a particular project type if, as determined by the Administrator, in conjunction with the Secretary, the standard, methodology, or protocol of the program for that project type fails to ensure that credits only will be provided for emission reductions that are measurable, additional, verifiable, and enforceable.CommentsClose CommentsPermalink
(c) Offset Credits- Subject to subsections (d), (e), and (f), the Administrator, in conjunction with the Secretary, shall issue 1 offset credit for each ton of carbon dioxide equivalent in emission reductions achieved--CommentsClose CommentsPermalink
(d) Ineligible Credits- Subsection (b) 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 (including a regulation).CommentsClose CommentsPermalink
(g) Retirement of Credits- The Administrator shall ensure, to the maximum extent practicable, that offset credits described in subsection (c) are retired for purposes of use under a program described in subsection (d).CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to paragraphs (2) and (3), the Administrator shall issue under this subsection 1 offset credit for each ton of carbon dioxide equivalent emissions reduced by an offset project that--CommentsClose CommentsPermalink
(C) not later than 2 years after the date of enactment of this Act, is registered with a regulatory or voluntary greenhouse gas emission offset program that the Administrator determines--CommentsClose CommentsPermalink
(D) is issued offset credits for the emission reductions achieved by the project under an offset program for which the Administrator has made an affirmative determination under subparagraph (C).CommentsClose CommentsPermalink
(2) INCONSISTENCY WITH CERTAIN PURPOSES- Paragraph (1) shall not apply if the Administrator makes a determination, not later than 90 days after the date on which public notice is provided of a project petition, that a project is inconsistent with the policies established under any Federal law enacted for the purpose of regulating greenhouse gas emissions to protect the rights and interests of local communities and to protect forest ecosystems.CommentsClose CommentsPermalink
(3) LIMITATION- Notwithstanding subsection (e), offset credits shall be issued under this subsection only for greenhouse gas emission reductions that occur under an eligible international reduced deforestation project during the period beginning on January 1, 2009, and ending on--CommentsClose CommentsPermalink
(A) in the case of a project located in a country that accounts for less than 1 percent of the global greenhouse gas emissions and less than 3 percent of global forest-sector and land use change greenhouse gas emissions, December 31 of the first full calendar year following the effective date of regulations promulgated to carry out this title; orCommentsClose CommentsPermalink
(B) in the case of a project located in a country that does not meet the criteria described in subparagraph (A), the date that is 2 years after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 111. PROGRAM REVIEW AND REVISION.
At least once every 5 years, the Administrator, in consultation with the Secretary, shall review, based on new or updated information and taking into consideration the recommendations of the Advisory Committee--CommentsClose CommentsPermalink
SEC. 112. ADDITIONAL REGULATORY STANDARDS FOR EMISSION REDUCTIONS.
(a) In General- Nothing in this title authorizes the Administrator to promulgate any additional regulatory standards for emission reductions from any project or activity (including emission reductions from any non-fossil fuel agricultural source) carried out under this title.CommentsClose CommentsPermalink
(b) Allowance or Credit Obligations- No person shall be required to hold allowances or credits for emissions resulting from the use of gas as an energy source if the gas is derived from a domestic methane offset project approved under this title.CommentsClose CommentsPermalink
(c) Relationship to Other Laws- Notwithstanding any other provision of law, emissions that are limited under this title shall not be subject to any other limitation that is established under a Federal law enacted or applied for the purpose of regulating greenhouse gas emissions.CommentsClose CommentsPermalink
SEC. 113. USE OF CREDITS FOR COMPLIANCE PURPOSES.
The Administrator shall promulgate regulations to require that, for each calendar year beginning with the first fiscal year in which the limitation on the emission of greenhouse gases under a Federal law enacted for the purpose of regulating greenhouse gas emissions takes effect, owners and operators of facilities that are subject to regulation under that law may satisfy the allowance submission requirements of the owners and operators under that law by submitting credits generated pursuant to this title.CommentsClose CommentsPermalink
SEC. 201. DEFINITIONS.
SEC. 202. CARBON CONSERVATION PROGRAM.
(a) In General- The Secretary of Agriculture shall establish, and jointly administer with the Secretary of the Interior, a carbon conservation program for the purpose of promoting greenhouse gas emissions reduction or carbon sequestration.CommentsClose CommentsPermalink
(1) IN GENERAL- In carrying out the program, the Secretaries shall provide incentives to landowners or grazing contractor holders to carry out projects or activities that reduce greenhouse gas emissions or sequester or permanently store carbon.CommentsClose CommentsPermalink
(B) reward the continuation of practices by early adopters of conservation practices (including no-till agricultural practices) that provide carbon sequestration benefits;CommentsClose CommentsPermalink
(D) ensure that individuals and entities that took action prior to the implementation of the offset program under title I, and do not qualify for early offset credits under section 110, are not placed at a competitive disadvantage;CommentsClose CommentsPermalink
(F) avoid conversion of land (including native grassland, native prairie, rangeland, cropland, or forest land) that would result in an increase of greenhouse gas emissions or a loss of carbon sequestration; andCommentsClose CommentsPermalink
(1) IN GENERAL- In carrying out the program, the Secretaries shall provide incentives for projects or activities that reduce greenhouse gas emissions or sequester carbon through--CommentsClose CommentsPermalink
(2) INELIGIBILITY FOR OFFSET CREDITS- Projects or activities undertaken as part of the program shall not be eligible for offset credits under title I for the duration of the projects or activities.CommentsClose CommentsPermalink
(3) PRIORITY- In selecting projects for conservation easements, the Secretary of Agriculture shall provide a priority for conservation easements that sequester carbon and protect forested land or working forest land, or protect native prairie or native grassland, within the boundary of a working farm or ranch.CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of Agriculture may offer carbon sequestration contracts under the program for a period of 10 years to farmers, ranchers, and forest owners who perform projects or activities to reduce greenhouse gas emissions or sequester carbon.CommentsClose CommentsPermalink
(3) COMPENSATION- The amount of compensation provided under a contract under this subsection shall be commensurate with the emissions reductions obtained or avoided and the duration of the reductions.CommentsClose CommentsPermalink
(A) contracts entered into with early adopters of conservation practices (such as no-till agricultural practices), improved forest management, or other greenhouse gas emissions reduction projects; andCommentsClose CommentsPermalink
(6) FUTURE REDUCTIONS- If the term of a contract for a sequestration project under this subsection has expired, future reductions under the project may be eligible to receive carbon offset credits if the project and associated reductions meet all applicable offsets criteria under title I.CommentsClose CommentsPermalink
(7) REVERSALS- In developing regulations for carbon sequestration contracts under this subsection, the Secretary of Agriculture shall specify requirements to address intentional or unintentional reversal of carbon sequestration during the contract period.CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretaries shall offer financial incentives under the program through timber harvest contracts entered into by the Forest Service or the Bureau of Land Management (as appropriate) for projects or management activities that sequester carbon or reduce greenhouse gas emissions.CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretaries shall offer incentives to leaseholders through grazing contracts entered into by the Forest Service or the Bureau of Land Management (as appropriate) for projects or activities that sequester carbon or reduce greenhouse gas emissions.CommentsClose CommentsPermalink
(i) Distribution of Amounts- Of the amounts provided to carry out the program for a fiscal year, at least 30 percent of the amount shall be used for conservation easements described in subsection (e).CommentsClose CommentsPermalink
(A) the total number of tons of carbon dioxide sequestered or the total number of tons of emissions avoided under the program through conservation easements, sequestration contracts, or other methods on an annual and cumulative basis;CommentsClose CommentsPermalink
(2) PUBLIC AVAILABILITY- The Administrator of the Environmental Protection Agency shall make each report required under this subsection available to the public through the website of the Environmental Protection Agency.CommentsClose CommentsPermalink
(1) SECRETARY OF AGRICULTURE- The Secretary of Agriculture shall coordinate activities under the program with the activities of the Secretary of Agriculture in carrying out--CommentsClose CommentsPermalink
(C) the farmland protection program established under subchapter C of chapter 2 of subtitle D of title XII of that Act (
(2) SECRETARY OF THE INTERIOR- The Secretary of the Interior shall coordinate activities under the program with the activities of the Secretary of the Interior in carrying out--CommentsClose CommentsPermalink
SEC. 203. CARBON CONSERVATION FUND.
SEC. 301. FINDINGS.
(1) lifecycle greenhouse gas emissions associated with the production and use of biofuels, bioproducts, and bioenergy may be significantly lower than the emissions associated with the production and use of fossil fuels;CommentsClose CommentsPermalink
(3) expanding the production and use of biofuels and bioenergy offers a significant opportunity for rural economic development and enhancing national energy security; andCommentsClose CommentsPermalink
(4) several programs authorized or funded under the Food, Conservation, and Energy Act of 2008 (
SEC. 302. BIOREFINERY ASSISTANCE.
SEC. 303. REPOWERING ASSISTANCE.
SEC. 304. RURAL ENERGY FOR AMERICA PROGRAM.
(a) In General- Of the amounts in the Rural Clean Energy Resources Fund established under section 305, the Secretary shall use such funds as are appropriate to carry out the Rural Energy for America Program under section 9007 of the Farm Security and Rural Investment Act of 2002 (
(b) Limitation on Grants- Section 9007(c)(4)(A) of the Farm Security and Rural Investment Act of 2002 (
SEC. 305. RURAL CLEAN ENERGY RESOURCES FUND.
(a) Establishment- There is established in the Treasury a separate account, to be known as the ‘Rural Clean Energy Resources Fund’, to carry out this title and title IV.CommentsClose CommentsPermalink
SEC. 401. FINDINGS.
(1) as of the date of enactment of this Act, the agricultural and forestry sectors of the United States extract the equivalent of about 12 percent of the annual greenhouse gas emissions of the United States through carbon dioxide absorption from the atmosphere;CommentsClose CommentsPermalink
SEC. 402. RESEARCH AND DEMONSTRATION PROGRAM.
(2) approaches to reducing methane emissions associated with agricultural production (including livestock and crop production), including quantification of those reductions;CommentsClose CommentsPermalink
(3) approaches to reducing nitrous oxide emissions associated with agricultural production (including crop and livestock production), including quantification of those reductions;CommentsClose CommentsPermalink
(b) Fund- Of the amounts in the Rural Clean Energy Resources Fund established under section 305, the Secretary shall use such funds as are appropriate to carry out this section.CommentsClose CommentsPermalink
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