Michigan Votes Forum

Introduced in the Senate on March 4, 2008

Click here to view bill details.

on stupid pie in the sky global baloney scams. It is time for the adults to take over the government.

The emissions trading system is not supposed to give away tax dollars. It is supposed to permit emissions such that one firm that emits less than he is permitted may sell the unused portion to a higher polluting firm. The dollars are therefore traded for a permit to pollute more. If state dollars get into the action, it is no longer a trade, but a waste of tax payers' money. Let the state issue the emissions permits, let the emitters trade, and let economics provide the incentives. Vote no on this one.

The Library of Congress > THOMAS Home > Bills, Resolutions > Search Results -------------------------------------------------------------------------------- THIS SEARCH THIS DOCUMENT GO TO Next Hit Forward New Bills Search Prev Hit Back HomePage Hit List Best Sections Help Contents Display -------------------------------------------------------------------------------- S.309 Global Warming Pollution Reduction Act (Introduced in Senate) -------------------------------------------------------------------------------- SECTION 1. SHORT TITLE. This Act may be cited as the `Global Warming Pollution Reduction Act'. SEC. 2. GLOBAL WARMING POLLUTION EMISSION REDUCTIONS. The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at the end the following: `TITLE VII--COMPREHENSIVE GLOBAL WARMING POLLUTION REDUCTIONS `Sec. 701. Findings. `Sec. 702. Purposes. `Sec. 703. Definitions. `Sec. 704. Global warming pollution emission reductions. `Sec. 705. Conditions for accelerated global warming pollution emission reduction. `Sec. 706. Use of allowances for transition assistance and other purposes. `Sec. 707. Vehicle emission standards. `Sec. 708. Emission standards for electric generation units. `Sec. 709. Low-carbon generation requirement. `Sec. 710. Geological disposal of global warming pollutants. `Sec. 711. Research and development. `Sec. 712. Energy efficiency performance standard. `Sec. 713. Renewable portfolio standard. `Sec. 714. Standards to account for biological sequestration of carbon. `Sec. 715. Global warming pollution reporting. `Sec. 716. Clean energy technology deployment in developing countries. `Sec. 717. Paramount interest waiver. `Sec. 718. Effect on other law. `SEC. 701. FINDINGS. `Congress finds that-- `(1) global warming poses a significant threat to the national security and economy of the United States, public health and welfare, and the global environment; `(2) due largely to an increased use of energy from fossil fuels, human activities are primarily responsible for the release of carbon dioxide and other heat-trapping global warming pollutants that are accumulating in the atmosphere and causing surface air and subsurface ocean temperatures to rise; `(3) as of the date of enactment of this title, atmospheric concentrations of carbon dioxide are 35 percent higher than those concentrations were 150 years ago, at 378 parts per million compared to 280 parts per million; `(4) the United States emits more global warming pollutants than any other country, and United States carbon dioxide emissions have increased by an average of 1.3 percent annually since 1990; `(5)(A) during the past 100 years, global temperatures have risen by 1.44 degrees Fahrenheit; and `(B) from 1970 to the present, those temperatures have risen by almost 1 degree Fahrenheit; `(6) 8 years during the 10-year period beginning January 1, 1996, and ending December 31, 2005, were among the 10 warmest years on record; `(7) average temperatures in the Arctic have increased by 4 to 7 degrees Fahrenheit during the past 50 years; `(8) global warming has caused-- `(A) ocean temperatures to increase, resulting in rising sea levels, extensive bleaching of coral reefs worldwide, and an increase in the intensity of tropical storms; `(B) the retreat of Arctic sea ice by an average of 9 percent per decade since 1978; `(C) the widespread thawing of permafrost in polar, subpolar, and mountainous regions; `(D) the redistribution and loss of species; and `(E) the rapid shrinking of glaciers; `(9) the United States must adopt a comprehensive and effective national program of mandatory limits and incentives to reduce global warming pollution emissions into the atmosphere; `(10) at the current rate of emission, global warming pollution concentrations in the atmosphere could reach more than 600 parts per million in carbon dioxide equivalent, and global average mean temperature could rise an additional 2.7 to 11 degrees Fahrenheit, by the end of the century; `(11) although an understanding of all details of the Earth system is not yet complete, present knowledge indicates that potential future temperature increases could result in-- `(A) the further or complete melting of the Antarctic and Greenland ice sheets; `(B) the disruption of the North-Atlantic Thermohaline Circulation (commonly known as the `Gulf Stream'); `(C) the extinction of species; and `(D) large-scale disruptions of the natural systems that support life; `(12) there exists an array of technological options for use in reducing global warming pollution emissions, and significant reductions can be attained using a portfolio of options that will not adversely impact the economy; `(13) the ingenuity of the people of the United States will allow the Nation to become a leader in solving global warming; and `(14) it should be a goal of the United States to achieve a reduction in global warming pollution emissions in the United States-- `(A) to ensure that the average global temperature does not increase by more than 3.6 degrees Fahrenheit (2 degrees Celsius); and `(B) to facilitate the achievement of an average global atmospheric concentration of global warming pollutants that does not exceed 450 parts per million in carbon dioxide equivalent. `SEC. 702. PURPOSES. `The purposes of this title are-- `(1) to achieve a reduction in global warming pollution emissions compatible with ensuring that-- `(A) the average global temperature does not increase by more than 3.6 degrees Fahrenheit (2 degrees Celsius) above the preindustrial average; and `(B) total average global atmospheric concentrations of global warming pollutants do not exceed 450 parts per million in carbon dioxide equivalent; `(2) to reduce by calendar year 2050 the aggregate net level of global warming pollution emissions of the United States to a level that is 80 percent below the aggregate net level of global warming pollution emissions for calendar year 1990; `(3) to allow for an acceleration of reductions in global warming pollution emissions to prevent-- `(A) average global temperature from increasing by more than 3.6 degrees Fahrenheit (2 degrees Celsius) above the preindustrial average; or `(B) global atmospheric concentrations of global warming pollutants from exceeding 450 parts per million; `(4) to establish a motor vehicle global warming pollution emission requirement; `(5) to require electric generation units to meet a global warming pollution emission standard; `(6) to establish rules for the safe geological sequestration of carbon dioxide; `(7) to encourage energy efficiency and the use of renewable energy by establishing a renewable portfolio standard and an energy efficiency portfolio standard; `(8) to provide for research relating to, and development of, the technologies to control global warming pollution emissions; `(9) to position the United States as the world leader in reducing the risk of the potentially devastating, wide-ranging impacts associated with global warming; and `(10) to promote, through leadership by the United States, accelerated reductions in global warming pollution from other countries with significant global warming pollution emissions. `SEC. 703. DEFINITIONS. `In this title: `(1) ACADEMY- The term `Academy' means the National Academy of Sciences. `(2) CARBON DIOXIDE EQUIVALENT- The term `carbon dioxide equivalent' means, for each global warming pollutant, the quantity of the global warming pollutant that makes the same contribution to global warming as 1 metric ton of carbon dioxide, as determined by the Administrator, taking into account the study and report described in section 705(a). `(3) FACILITY- The term `facility' means all buildings, structures, or installations that are-- `(A) located on 1 or more contiguous or adjacent properties under common control of the same persons; and `(B) located in the United States. `(4) GLOBAL WARMING POLLUTANT- The term `global warming pollutant' means-- `(A) carbon dioxide; `(B) methane; `(C) nitrous oxide; `(D) hydrofluorocarbons; `(E) perfluorocarbons; `(F) sulfur hexafluoride; and `(G) any other anthropogenically-emitted gas that the Administrator, after notice and comment, determines to contribute to global warming. `(5) GLOBAL WARMING POLLUTION- The term `global warming pollution' means any combination of 1 or more global warming pollutants emitted into the ambient air or atmosphere. `(6) MARKET-BASED PROGRAM- The term `market-based program' means a program that places an absolute limit on the aggregate net global warming pollution emissions of 1 or more sectors of the economy of the United States, while allowing the transfer or sale of global warming pollution emission allowances. `(7) NAS REPORT- The term `NAS report' means a report completed by the Academy under subsection (a) or (b) of section 705. `SEC. 704. GLOBAL WARMING POLLUTION EMISSION REDUCTIONS. `(a) Emission Reduction Goal- Congress declares that-- `(1) it shall be the goal of the United States, acting in concert with other countries that emit global warming pollutants, to achieve a reduction in global warming pollution emissions-- `(A) to ensure that the average global temperature does not increase by more than 3.6 degrees Fahrenheit (2 degrees Celsius); and `(B) to facilitate the achievement of an average global atmospheric concentration of global warming pollutants that does not exceed 450 parts per million in carbon dioxide equivalent; and `(2) in order to achieve the goal described in paragraph (1), the United States shall reduce the global warming pollution emissions of the United States by a quantity that is proportional to the share of the United States of the reductions that are necessary-- `(A) to ensure that the average global temperature does not increase more than 3.6 degrees Fahrenheit (2 degrees Celsius); and `(B) to stabilize average global warming pollution concentrations globally at or below 450 parts per million in carbon dioxide equivalent. `(b) Emission Reduction Milestones for 2020- `(1) IN GENERAL- To achieve the goal described in subsection (a)(1), not later than 2 years after the date of enactment of this title, after an opportunity for public notice and comment, the Administrator shall promulgate any rules that are necessary to reduce, by not later than January 1, 2020, the aggregate net levels of global warming pollution emissions of the United States to the aggregate net level of those global warming pollution emissions during calendar year 1990. `(2) ACHIEVEMENT OF MILESTONES- To the maximum extent practicable, the reductions described in paragraph (1) shall be achieved through an annual reduction in the aggregate net level of global warming pollution emissions of the United States of approximately 2 percent for each of calendar years 2010 through 2020. `(c) Emission Reduction Milestones for 2030, 2040, and 2050- Except as described in subsection (d), not later than January 1, 2018, after an opportunity for public notice and comment, the Administrator shall promulgate any rules that are necessary to reduce the aggregate net levels of global warming pollution emissions of the United States-- `(1) by calendar year 2030, by 1/3 of 80 percent of the aggregate net level of global warming pollution emissions of the United States during calendar year 1990; `(2) by calendar year 2040, by 2/3 of 80 percent of the aggregate net level of the global warming pollution emissions of the United States during calendar year 1990; and `(3) by calendar year 2050, by 80 percent of the aggregate net level of global warming pollution emissions of the United States during calendar year 1990. `(d) Accelerated Emission Reduction Milestones- If an NAS report determines that any of the events described in section 705(a)(2) have occurred, or are more likely than not to occur in the foreseeable future, not later than 2 years after the date of completion of the NAS report, the Administrator, after an opportunity for public notice and comment and taking into account the new information reported in the NAS report, may adjust the milestones under this section and promulgate any rules that are necessary-- `(1) to reduce the aggregate net levels of global warming pollution emissions from the United States on an accelerated schedule; and `(2) to minimize the effects of rapid climate change and achieve the goals of this title. `(e) Report on Achievement of Milestones- If an NAS report determines that a milestone under paragraph (1) or (2) of subsection (c) cannot be achieved because of technological infeasibility, the Administrator shall submit to Congress a notification of that determination. `(f) Emission Reduction Policies- `(1) IN GENERAL- In implementing subsections (a) through (e), the Administrator may establish 1 or more market-based programs. `(2) MARKET-BASED PROGRAM POLICIES- `(A) IN GENERAL- In implementing any market-based program, the Administrator shall allocate to households, communities, and other entities described in section 706(a) any global warming pollution emission allowances that are not allocated to entities covered under the emission limitation. `(B) RECOGNITION OF EMISSION REDUCTIONS MADE IN COMPLIANCE WITH STATE AND LOCAL LAWS- A market-based program may recognize reductions of global warming pollution emissions made before the effective date of the market-based program if the Administrator determines that-- `(i)(I) the reductions were made in accordance with a State or local law; `(II) the State or local law is at least as stringent as the rules established for the market-based program under paragraph (1); and `(III) the reductions are at least as verifiable as reductions made in accordance with those rules; or `(ii) for any given entity subject to the market-based program, the entity demonstrates that the entity has made entity-wide reductions of global warming pollution emissions before the effective date of the market-based program, but not earlier than calendar year 1992, that are at least as verifiable as reductions made in accordance with the rules established for the market-based program under paragraph (1). `(C) PUBLICATION- If the Administrator determines that it is necessary to establish a market-based program, the Administrator shall publish notice of the determination in the Federal Register. `(D) LIMITATIONS ON MARKET-BASED PROGRAMS- `(i) DEFINITIONS- In this subparagraph: `(I) ANNUAL ALLOWANCE PRICE- The term `annual allowance price' means the average market price of global warming pollution emission allowances for a calendar year. `(II) DECLINING EMISSIONS CAP WITH A TECHNOLOGY-INDEXED STOP PRICE- The term `declining emissions cap with a technology-indexed stop price' means a feature of a market-based program for an industrial sector, or on an economy-wide basis, under which the emissions cap declines by a fixed percentage each calendar year or, during any year in which the annual allowance price exceeds the technology-indexed stop price, the emissions cap remains the same until the occurrence of the earlier of-- `(aa) the date on which the annual allowance price no longer exceeds the technology-indexed stop price; or `(bb) the date on which a period of 3 years has elapsed during which the emissions cap has remained unchanged. `(III) EMISSIONS CAP- The term `emissions cap' means the total number of global warming pollution emission allowances issued for a calendar year. `(IV) TECHNOLOGY-INDEXED STOP PRICE- The term `technology-indexed stop price' means a price per ton of global warming pollution emissions determined annually by the Administrator that is not less than the technology-specific average cost of preventing the emission of 1 ton of global warming pollutants through commercial deployment of any available zero-carbon or low-carbon technologies. With respect to the electricity sector, those technologies shall consist of-- `(aa) wind-generated electricity; `(bb) photovoltaic-generated electricity; `(cc) geothermal energy; `(dd) solar thermally-generated energy; `(ee) wave-based forms of energy; `(ff) any fossil fuel-based electric generating technology emitting less than 250 pounds per megawatt hour; and `(gg) any zero-carbon-emitting electric generating technology that does not generate radioactive waste. `(ii) IMPLEMENTATION- In implementing any market-based program under this Act, for the period prior to January 1, 2020, the Administrator shall consider the impact on the economy of the United States of implementing the program with a declining emissions cap through the use of a technology-indexed stop price. `(iii) OTHER EMITTING SECTORS- The Administrator may consider the use of a declining emissions cap with a technology-indexed stop price, or similar approaches, for other emitting sectors based on low-carbon or zero-carbon technologies, including-- `(I) biofuels; `(II) hydrogen power; and `(III) other sources of energy and transportation fuel. `(g) Cost-Effectiveness- In promulgating regulations under this section, the Administrator shall select the most cost-effective options for global warming pollution control and emission reduction strategies. `SEC. 705. CONDITIONS FOR ACCELERATED GLOBAL WARMING POLLUTION EMISSION REDUCTION. `(a) Report on Global Change Events by the Academy- `(1) IN GENERAL- The Administrator shall offer to enter into a contract with the Academy under which the Academy, not later than 2 years after the date of enactment of this title, and every 3 years thereafter, shall submit to Congress and the Administrator a report that describes whether any of the events described in paragraph (2)-- `(A) have occurred or are more likely than not to occur in the foreseeable future; and `(B) in the judgment of the Academy, are the result of anthropogenic climate change. `(2) EVENTS- The events referred to in paragraph (1) are-- `(A) the exceedance of an atmospheric concentration of global warming pollutants of 450 parts per million in carbon dioxide equivalent; and `(B) an increase of global average temperatures in excess of 3.6 degrees Fahrenheit (2 degrees Celsius) above the preindustrial average. `(b) Technology Reports- `(1) DEFINITION OF TECHNOLOGICALLY INFEASIBLE- In this subsection, the term `technologically infeasible', with respect to a technology, means that the technology-- `(A) will not be demonstrated beyond laboratory-scale conditions; `(B) would be unsafe; `(C) would not reliably reduce global warming pollution emissions; or `(D) would prevent the activity to which the technology applies from meeting or performing its primary purpose (such as generating electricity or transporting goods or individuals). `(2) REPORTS- The Administrator shall offer to enter into a contract with the Academy under which the Academy, not later than 2 years after the date of enactment of this title and every 3 years thereafter, shall submit to Congress and the Administrator a report that describes or analyzes-- `(A) the status of current global warming pollution emission reduction technologies, including-- `(i) technologies for capture and disposal of global warming pollutants; `(ii) efficiency improvement technologies; `(iii) zero-global-warming-pollution-emitting energy technologies; and `(iv) above- and below-ground biological sequestration technologies; `(B) whether any of the requirements under this title (including regulations promulgated under this title) mandate a level of emission control or reduction that, based on available or expected technology, will be technologically infeasible at the time at which the requirements become effective; `(C) the projected date on which any technology determined to be technologically infeasible will become technologically feasible; `(D) whether any technology determined to be technologically infeasible cannot reasonably be expected to become technologically feasible prior to calendar year 2050; and `(E) the costs of available alternative global warming pollution emission reduction strategies that could be used or pursued in lieu of any technologies that are determined to be technologically infeasible. `(3) REPORT EVALUATING 2050 MILESTONE- Not later than December 31, 2037, the Administrator shall offer to enter into a contract with the Academy under which, not later than December 31, 2039, the Academy shall prepare and submit to Congress and the Administrator a report on the appropriateness of the milestone described in section 704(c)(3), taking into consideration-- `(A) information that was not available as of the date of enactment of this title; and `(B) events that have occurred since that date relating to-- `(i) climate change; `(ii) climate change technologies; and `(iii) national and international climate change commitments. `(c) Additional Items in NAS Report- In addition to the information described in subsection (a)(1) that is required to be included in the NAS report, the Academy shall include in the NAS report-- `(1) an analysis of the trends in annual global warming pollution emissions by the United States and the other countries that collectively account for more than 90 percent of global warming pollution emissions (including country-specific inventories of global warming pollution emissions and facility-specific inventories of global warming pollution emissions in the United States); `(2) an analysis of the trends in global warming pollution concentrations (including observed atmospheric concentrations of global warming pollutants); `(3) a description of actual and projected global change impacts that may be caused by anthropogenic global warming pollution emissions, in addition to the events described in subsection (a)(2); and `(4) such other information as the Academy determines to be appropriate. `SEC. 706. USE OF ALLOWANCES FOR TRANSITION ASSISTANCE AND OTHER PURPOSES. `(a) Regulations Governing Allocation of Allowances for Transition Assistance to Individuals and Entities- `(1) IN GENERAL- In implementing any market-based program, the Administrator may promulgate regulations providing for the allocation of global warming pollution emission allowances to the individuals and entities, or for the purposes, specified in subsection (b). `(2) REQUIREMENTS- Regulations promulgated under paragraph (1) may, as the Administrator determines to be necessary, provide for the appointment of 1 or more trustees-- `(A) to receive emission allowances for the benefit of households, communities, and other entities described in paragraph (1); `(B) to sell the emission allowances at fair market value; and `(C) to distribute the proceeds of any sale of emission allowances to the appropriate beneficiaries. `(b) Allocation for Transition Assistance- The Administrator may allocate emission allowances, in accordance with regulations promulgated under subsection (a), to-- `(1) communities, individuals, and companies that have experienced disproportionate adverse impacts as a result of-- `(A) the transition to a lower carbon-emitting economy; or `(B) global warming; `(2) owners and operators of highly energy-efficient buildings, including-- `(A) residential users; `(B) producers of highly energy-efficient products; and `(C) entities that carry out energy-efficiency improvement projects pursuant to section 712 that result in consumer-side reductions in electricity use; `(3) entities that will use the allowances for the purpose of carrying out geological sequestration of carbon dioxide produced by an anthropogenic global warming pollution emission source in accordance with requirements established by the Administrator; `(4) such individuals and entities as the Administrator determines to be appropriate, for use in carrying out projects to reduce net carbon dioxide emissions through above-ground and below-ground biological carbon dioxide sequestration (including sequestration in forests, forest soils, agricultural soils, rangeland, or grassland in the United States); `(5) such individuals and entities (including fish and wildlife agencies) as the Administrator determines to be appropriate, for use in carrying out projects to protect and restore ecosystems (including fish and wildlife) affected by climate change; and `(6) manufacturers producing consumer products that result in substantially reduced global warming pollution emissions, for use in funding rebates for purchasers of those products. `SEC. 707. VEHICLE EMISSION STANDARDS. `(a) Vehicles Under 10,000 Pounds- `(1) IN GENERAL- Not later than January 1, 2010, the Administrator shall promulgate regulations requiring each fleet of automobiles sold by a manufacturer in the United States beginning in model year 2016 to meet the standards for global warming pollution emissions described in paragraph (2). `(2) EMISSION STANDARDS- The average global warming pollution emissions of a vehicle fleet described in paragraph (1) shall not exceed-- `(A) 205 carbon dioxide equivalent grams per mile for automobiles with-- `(i) a gross vehicle weight of not more than 8,500 pounds; and `(ii) a loaded vehicle weight of not more than 3,750 pounds; `(B) 332 carbon dioxide equivalent grams per mile for-- `(i) automobiles with-- `(I) a gross vehicle weight of not more than 8,500 pounds; and `(II) a loaded vehicle weight of more than 3,750 pounds; and `(ii) medium-duty passenger vehicles; and `(C) 405 carbon dioxide equivalent grams per mile for vehicles-- `(i) with a gross vehicle weight of between 8,501 pounds and 10,000 pounds; and `(ii) that are not medium-duty passenger vehicles. `(3) HEIGHTENED STANDARDS- After model year 2016, the Administrator may promulgate regulations that increase the stringency of emission standards described in paragraph (2) as necessary to meet the emission reduction goal described in section 704(e)(3). `(b) Highway Vehicles Over 10,000 Pounds- `(1) IN GENERAL- Not later than January 1, 2010, the Administrator shall promulgate regulations requiring each fleet of highway vehicles over 10,000 pounds sold by a manufacturer in the United States beginning in model year 2020 to meet the standards for global warming pollution emissions described in paragraph (2). `(2) EMISSION STANDARDS- The average global warming pollution emissions of a vehicle fleet described in paragraph (1) shall not exceed-- `(A) 850 carbon dioxide equivalent grams per mile for highway vehicles with a gross vehicle weight rating between 10,001 pounds and 26,000 pounds; and `(B) 1,050 carbon dioxide equivalent grams per mile for highway vehicles with a gross vehicle weight rating of more than 26,000 pounds. `(3) HEIGHTENED STANDARDS- After model year 2020, the Administrator may promulgate regulations that increase the stringency of emission standards described in paragraph (2) as necessary to meet the emission reduction goal described in section 704(a)(1). `(c) Adjustment of Requirements- Taking into account appropriate lead times for vehicle manufacturers, if the Academy determines, pursuant to an NAS report, that a vehicle emission standard under this section is or will be technologically infeasible as of the effective date of the standard, the Administrator may, by regulation, modify the requirement to take into account the determination of the Academy. `(d) Study- `(1) IN GENERAL- Not later than January 1, 2008, the Administrator shall enter into a contract with the Academy under which the Academy shall conduct a study of, and submit to the Administrator a report on, the potential contribution of the non-highway portion of the transportation sector toward meeting the emission reduction goal described in section 704(a)(1). `(2) REQUIREMENTS- The study shall analyze-- `(A) the technological feasibility and cost-effectiveness of global warming pollution reductions from the non-highway sector; and `(B) the overall potential contribution of that sector in terms of emissions, in meeting the emission reduction goal described in section 704(a)(1). `SEC. 708. EMISSION STANDARDS FOR ELECTRIC GENERATION UNITS. `(a) Initial Standard- `(1) IN GENERAL- Not later than 2 years after the date of enactment of this title, the Administrator shall, by regulation, require each unit that is designed and intended to provide electricity at a unit capacity factor of at least 60 percent and that begins operation after December 31, 2011, to meet the standard described in paragraph (2). `(2) STANDARD- Beginning on December 31, 2015, a unit described in paragraph (1) shall meet a global warming pollution emission standard that is not higher than the emission rate of a new combined cycle natural gas generating unit. `(3) MORE STRINGENT REQUIREMENTS- For the period beginning on January 1 of the calendar year following the effective date of the regulation described in paragraph (1) and ending on December 31, 2029, the Administrator may increase the stringency of the global warming pollution emission standard described in paragraph (1) with respect to electric generation units described in that paragraph. `(b) Final Standard- Not later than December 31, 2030, the Administrator shall require each electric generation unit, regardless of when the unit began to operate, to meet the applicable emission standard under subsection (a). `(c) Adjustment of Requirements- If the Academy determines, pursuant to section 705, that a requirement of this section is or will be technologically infeasible at the time at which the requirement becomes effective, the Administrator, may, by regulation, adjust or delay the effective date of the requirement as is necessary to take into consideration the determination of the Academy. `SEC. 709. LOW-CARBON GENERATION REQUIREMENT. `(a) Definitions- In this section: `(1) BASE QUANTITY OF ELECTRICITY- The term `base quantity of electricity' means the total quantity of electricity produced for sale by a covered generator during the calendar year immediately preceding a compliance year from coal, petroleum coke, lignite, or any combination of those fuels. `(2) COVERED GENERATOR- The term `covered generator' means an electric generating unit that-- `(A) has a rated capacity of 25 megawatts or more; and `(B) has an annual fuel input at least 50 percent of which is provided by coal, petroleum coke, lignite, or any combination of those fuels. `(3) LOW-CARBON GENERATION- The term `low-carbon generation' means electric energy generated from an electric generating unit at least 50 percent of the annual fuel input of which, in any year-- `(A) is provided by coal, petroleum coke, lignite, biomass, or any combination of those fuels; and `(B) results in an emission rate into the atmosphere of not more than 250 pounds of carbon dioxide per megawatt-hour (after adjustment for carbon dioxide from the electric generating unit that is geologically sequestered in a geological repository approved by the Administrator pursuant to subsection (e)). `(4) PROGRAM- The term `program' means the low-carbon generation credit trading program established under subsection (d)(1). `(b) Requirement- `(1) CALENDAR YEARS 2015 THROUGH 2020- Of the base quantity of electricity produced for sale by a covered generator for a calendar year, the covered generator shall provide a minimum percentage of that base quantity of electricity for the calendar year from low-carbon generation, as specified in the following table: --------------------------------------------------------- -------------------------------------------------------------------------------- THIS SEARCH THIS DOCUMENT GO TO Next Hit Forward New Bills Search Prev Hit Back HomePage Hit List Best Sections Help Contents Display -------------------------------------------------------------------------------- THOMAS Home | Contact | Accessibility | Legal | USA.gov

`(4) the United States emits more global warming pollutants than any other country, and United States carbon dioxide emissions have increased by an average of 1.3 percent annually since 1990;

It's kind of embarassing. Be BOLD. Pass the bill. Go down in the history books as a visionary, not the ones that turned a blind eye and are to blame for disaster. Step up to the plate, please. It's time.

It's kind of embarassing. Be BOLD. Pass the bill. Go down in the history books as a visionary, not the ones that turned a blind eye and are to blame for disaster. Step up to the plate, please. It's time.

It's the size of a small country. It should do it's part to be part of the solution, not so much a part of the problem. If you want to be a global player so badly, then play NICE and play responsibly and show the world what we are made of--that we are innovative and can step up to the plate when it comes to global warming. With power, comes responsibility. Think about it.

Visionary.

you're part of the problem. Be a part of the solution and make money off it. All the cool kids are doin' it.:) The Library of Congress > THOMAS Home > Bills, Resolutions > Search Results -------------------------------------------------------------------------------- THIS SEARCH THIS DOCUMENT GO TO Next Hit Forward New Bills Search Prev Hit Back HomePage Hit List Best Sections Help Contents Display -------------------------------------------------------------------------------- S.280 Climate Stewardship and Innovation Act of 2007 (Introduced in Senate) -------------------------------------------------------------------------------- SEC. 2. PURPOSES. The purposes of this Act are-- (1) without weakening the economic position of the United States or otherwise imposing hardship on its citizens, to reduce the Nation's greenhouse gas emissions substantially enough and quickly enough between 2007 and 2050 to preserve the feasibility of forestalling catastrophic, manmade global climate change; and (2) to accomplish that purpose while-- (A) promoting the rapid and widespread deployment of advanced technologies and practices for reducing greenhouse gas emissions; (B) promoting the economic well-being of low- and middle-income Americans; (C) keeping good jobs in the United States; (D) mitigating climate change's impacts on low- and middle-income Americans; (E) mitigating climate change's impacts on low-income populations abroad; and (F) mitigating climate change's impacts on wildlife. SEC. 3. DEFINITIONS. In this Act: (1) ADMINISTRATOR- The term `Administrator' means the Administrator of the Environmental Protection Agency. (2) BASELINE- The term `baseline' means the historic greenhouse gas emission levels of an entity, as adjusted upward by the Administrator to reflect actual reductions that are verified in accordance with-- (A) regulations promulgated under section 101(c)(1); and (B) relevant standards and methods developed under this title. (3) CARBON DIOXIDE EQUIVALENTS- The term `carbon dioxide equivalents' means, for each greenhouse gas, the amount of each such greenhouse gas that makes the same contribution to global warming as one metric ton of carbon dioxide, as determined by the Administrator. (4) COVERED SECTORS- The term `covered sectors' means the electricity, transportation, industry, and commercial sectors, as such terms are used in the Inventory. (5) COVERED ENTITY- The term `covered entity' means an entity (including a branch, department, agency, or instrumentality of Federal, State, or local government) that-- (A) owns or controls a source of greenhouse gas emissions in the electric power, industrial, or commercial sectors of the United States economy (as defined in the Inventory), refines or imports petroleum products for use in transportation, or produces or imports hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride; and (B) emits, from any single facility owned by the entity, over 10,000 metric tons of greenhouse gas per year, measured in units of carbon dioxide equivalents, or produces or imports-- (i) petroleum products that, when combusted, will emit, (ii) hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride that, when used, will emit, or (iii) other greenhouse gases that, when used, will emit, over 10,000 metric tons of greenhouse gas per year, measured in units of carbon dioxide equivalents. (6) DATABASE- The term `database' means the national greenhouse gas database established under section 101. (7) DIRECT EMISSIONS- The term `direct emissions' means greenhouse gas emissions by an entity from a facility that is owned or controlled by that entity. (8) FACILITY- The term `facility' means a building, structure, or installation located on any 1 or more contiguous or adjacent properties of an entity in the United States. (9) GREENHOUSE GAS- The term `greenhouse gas' means-- (A) carbon dioxide; (B) methane; (C) nitrous oxide; (D) hydrofluorocarbons; (E) perfluorocarbons; and (F) sulfur hexafluoride. (10) INDIRECT EMISSIONS- The term `indirect emissions' means greenhouse gas emissions that are-- (A) a result of the activities of an entity; but (B) emitted from a facility owned or controlled by another entity. (11) INVENTORY- The term `Inventory' means the Inventory of U.S. Greenhouse Gas Emissions and Sinks, prepared in compliance with the United Nations Framework Convention on Climate Change Decision 3/CP.5). (12) LEAKAGE- The term `leakage' means-- (A) an increase in greenhouse gas emissions by one facility or entity caused by a reduction in greenhouse gas emissions by another facility or entity; or (B) a decrease in sequestration that is caused by an increase in sequestration at another location. (13) PERMANENCE- The term `permanence' means the extent to which greenhouse gases that are sequestered will not later be returned to the atmosphere. (14) REGISTRY- The term `registry' means the registry of greenhouse gas emission reductions established under section 101(b)(2). (15) SECRETARY- The term `Secretary' means the Secretary of Commerce. (16) SEQUESTRATION- (A) IN GENERAL- The term `sequestration' means the capture, long-term separation, isolation, or removal of greenhouse gases from the atmosphere. (B) INCLUSIONS- The term `sequestration' includes-- (i) agricultural and conservation practices; (ii) reforestation; (iii) forest preservation; and (iv) any other appropriate method of capture, long-term separation, isolation, or removal of greenhouse gases from the atmosphere, as determined by the Administrator. (C) EXCLUSIONS- The term `sequestration' does not include-- (i) any conversion of, or negative impact on, a native ecosystem; or (ii) any introduction of non-native species. (17) SOURCE CATEGORY- The term `source category' means a process or activity that leads to direct emissions of greenhouse gases, as listed in the Inventory. (18) STATIONARY SOURCE- The term `stationary source' means generally any source of greenhouse gases except those emissions resulting directly from an engine for transportation purposes. TITLE I--A MARKET TO REDUCE GREENHOUSE GAS EMISSIONS Subtitle A--Tracking Emissions SEC. 101. NATIONAL GREENHOUSE GAS DATABASE AND REGISTRY ESTABLISHED. (a) ESTABLISHMENT- As soon as practicable after the date of enactment of this Act, the Administrator, in coordination with the Secretary, the Secretary of Energy, the Secretary of Agriculture, and private sector and nongovernmental organizations, shall establish, operate, and maintain a database, to be known as the `National Greenhouse Gas Database', to collect, verify, and analyze information on greenhouse gas emissions by entities. (b) NATIONAL GREENHOUSE GAS DATABASE COMPONENTS- The database shall consist of-- (1) an inventory of greenhouse gas emissions; and (2) a registry of greenhouse gas emission reductions and increases in greenhouse gas sequestrations. (c) COMPREHENSIVE SYSTEM- (1) IN GENERAL- Not later than 2 years after the date of enactment of this Act, the Administrator shall promulgate regulations to implement a comprehensive system for greenhouse gas emissions reporting, inventorying, and reductions registration. (2) REQUIREMENTS- The Administrator shall ensure, to the maximum extent practicable, that-- (A) the comprehensive system described in paragraph (1) is designed to-- (i) maximize completeness, transparency, and accuracy of information reported; and (ii) minimize costs incurred by entities in measuring and reporting greenhouse gas emissions; and (B) the regulations promulgated under paragraph (1) establish procedures and protocols necessary-- (i) to prevent the double-counting of greenhouse gas emissions or emission reductions reported by more than 1 reporting entity; (ii) to provide for corrections to errors in data submitted to the database; (iii) to provide for adjustment to data by reporting entities that have had a significant organizational change (including mergers, acquisitions, and divestiture), in order to maintain comparability among data in the database over time; (iv) to provide for adjustments to reflect new technologies or methods for measuring or calculating greenhouse gas emissions; (v) to account for changes in registration of ownership of emission reductions resulting from a voluntary private transaction between reporting entities; and (vi) to clarify the responsibility for reporting in the case of any facility owned or controlled by more than 1 entity. (3) SERIAL NUMBERS- Through regulations promulgated under paragraph (1), the Administrator shall develop and implement a system that provides-- (A) for the verification of submitted emissions reductions registered under this section; (B) for the provision of unique serial numbers to identify the registered emission reductions made by an entity relative to the baseline of the entity; (C) for the tracking of the registered reductions associated with the serial numbers; and (D) for such action as may be necessary to prevent counterfeiting of the registered reductions. SEC. 102. INVENTORY OF GREENHOUSE GAS EMISSIONS FOR COVERED ENTITIES. (a) IN GENERAL- Not later than July 1st of each calendar year after 2010, each covered entity shall submit to the Administrator a report that states, for the preceding calendar year, the entity-wide greenhouse gas emissions (as reported at the facility level), including-- (1) the total quantity of direct greenhouse gas emissions from stationary sources, expressed in units of carbon dioxide equivalents, except those reported under paragraph (3); (2) the amount of petroleum products sold or imported by the entity and the amount of greenhouse gases, expressed in units of carbon dioxide equivalents, that would be emitted when these products are used for transportation in the United States, as determined by the Administrator under section 121(b); (3) the amount of hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride, expressed in units of carbon dioxide equivalents, that are sold or imported by the entity and will ultimately be emitted in the United States, as determined by the Administrator under section 121(d); and (4) such other categories of emissions as the Administrator determines in the regulations promulgated under section 101(c)(1) may be practicable and useful for the purposes of this Act, such as-- (A) indirect emissions from imported electricity, heat, and steam; (B) process and fugitive emissions; and (C) production or importation of greenhouse gases. (b) COLLECTION AND ANALYSIS OF DATA- The Administrator shall collect and analyze information reported under subsection (a) for use under this title. SEC. 103. GREENHOUSE GAS REDUCTION REPORTING. (a) IN GENERAL- Subject to the requirements described in subsection (b)-- (1) a covered entity may register greenhouse gas emission reductions achieved after 1990 and before 2012 under this section; and (2) an entity that is not a covered entity may register greenhouse gas emission reductions achieved at any time since 1990 under this section. (b) REQUIREMENTS- (1) IN GENERAL- The requirements referred to in subsection (a) are that an entity (other than an entity described in paragraph (2)) shall-- (A) establish a baseline; and (B) submit the report described in subsection (c)(1). (2) REQUIREMENTS APPLICABLE TO ENTITIES ENTERING INTO CERTAIN AGREEMENTS- An entity that enters into an agreement with a participant in the registry for the purpose of a carbon sequestration project shall not be required to comply with the requirements specified in paragraph (1) unless that entity is required to comply with the requirements by reason of an activity other than the agreement. (c) REPORTS- (1) REQUIRED REPORT- Not later than July 1st of the each calendar year beginning more than 2 years after the date of enactment of this Act, but subject to paragraph (3), an entity described in subsection (a) shall submit to the Administrator a report that states, for the preceding calendar year, the entity-wide greenhouse gas emissions (as reported at the facility level), including-- (A) the total quantity of direct greenhouse gas emissions from stationary sources, expressed in units of carbon dioxide equivalents; (B) the amount of petroleum products sold or imported by the entity and the amount of greenhouse gases, expressed in units of carbon dioxide equivalents, that would be emitted when these products are used for transportation in the United States, as determined by the Administrator under section 121(b); (C) the amount of hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride, expressed in units of carbon dioxide equivalents, that are sold or imported by the entity and will ultimately be emitted in the United States, as determined by the Administrator under section 121(d); and (D) such other categories of emissions as the Administrator determines in the regulations promulgated under section 101(c)(1) may be practicable and useful for the purposes of this Act, such as-- (i) indirect emissions from imported electricity, heat, and steam; (ii) process and fugitive emissions; and (iii) production or importation of greenhouse gases. (2) VOLUNTARY REPORTING- An entity described in subsection (a) may (along with establishing a baseline and reporting emissions under this section)-- (A) submit a report described in paragraph (1) before the date specified in that paragraph for the purposes of achieving and commoditizing greenhouse gas reductions through use of the registry and for other purposes; and (B) submit to the Administrator, for inclusion in the registry, information that has been verified in accordance with regulations promulgated under section 101(c)(1) and that relates to-- (i) any activity that resulted in the net reduction of the greenhouse gas emissions of the entity or a net increase in sequestration by the entity that were carried out during or after 1990 and before the establishment of the database, verified in accordance with regulations promulgated under section 101(c)(1), and submitted to the Administrator before the date that is 4 years after the date of enactment of this Act; and (ii) with respect to the calendar year preceding the calendar year in which the information is submitted, any project or activity that resulted in the net reduction of the greenhouse gas emissions of the entity or a net increase in net sequestration by the entity. (3) PROVISION OF VERIFICATION INFORMATION BY REPORTING ENTITIES- Each entity that submits a report under this subsection shall provide information sufficient for the Administrator to verify, in accordance with measurement and verification methods and standards developed under section 104, that the greenhouse gas report of the reporting entity-- (A) has been accurately reported; and (B) in the case of each voluntary report under paragraph (2), represents-- (i) actual reductions in direct greenhouse gas emissions-- (I) relative to historic emission levels of the entity; and (II) after accounting for any increases in indirect emissions described in paragraph (1)(C)(i); or (ii) actual increases in net sequestration. (4) FAILURE TO SUBMIT REPORT- An entity that participates or has participated in the registry and that fails to submit a report required under this subsection shall be prohibited from using, or allowing another entity to use, its registered emissions reductions or increases in sequestration to satisfy the requirements of section 121. (5) INDEPENDENT THIRD-PARTY VERIFICATION- To meet the requirements of this section, an entity that is required to submit a report under this section may-- (A) obtain independent third-party verification; and (B) present the results of the third-party verification to the Administrator. (6) AVAILABILITY OF DATA- (A) IN GENERAL- The Administrator shall ensure that information in the database is-- (i) published; and (ii) accessible to the public, including in electronic format on the Internet. (B) EXCEPTION- Subparagraph (A) shall not apply in any case in which the Administrator determines that publishing or otherwise making available information described in that subparagraph poses a risk to national security or discloses confidential business information that can not be derived from information that is otherwise publicly available and that would cause competitive harm if published. (7) DATA INFRASTRUCTURE- The Administrator shall ensure, to the maximum extent practicable, that the database uses, and is integrated with, Federal, State, and regional greenhouse gas data collection and reporting systems in effect as of the date of enactment of this Act. (8) ADDITIONAL ISSUES TO BE CONSIDERED- In promulgating the regulations under section 101(c)(1) and implementing the database, the Administrator shall take into consideration a broad range of issues involved in establishing an effective database, including-- (A) the data and information systems and measures necessary to identify, track, and verify greenhouse gas emissions in a manner that will encourage private sector trading and exchanges; (B) the greenhouse gas reduction and sequestration measurement and estimation methods and standards applied in other countries, as applicable or relevant; (C) the extent to which available fossil fuels, greenhouse gas emissions, and greenhouse gas production and importation data are adequate to implement the database; and (D) the differences in, and potential uniqueness of, the facilities, operations, and business and other relevant practices of persons and entities in the private and public sectors that may be expected to participate in the database. (d) ANNUAL REPORT- The Administrator shall publish an annual report that-- (1) describes the total greenhouse gas emissions and emission reductions reported to the database during the year covered by the report; (2) provides entity-by-entity and sector-by-sector analyses of the emissions and emission reductions reported; (3) describes the atmospheric concentrations of greenhouse gases; (4) provides a comparison of current and past atmospheric concentrations of greenhouse gases; and (5) describes the activity during the year covered by the period in the trading of greenhouse gas emission allowances. SEC. 104. MEASUREMENT AND VERIFICATION. (a) STANDARDS- (1) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the Administrator shall establish by rule, in coordination with the Secretary, the Secretary of Energy, and the Secretary of Agriculture, comprehensive measurement and verification methods and standards to ensure a consistent and technically accurate record of greenhouse gas emissions, emission reductions, sequestration, and atmospheric concentrations for use in the registry. (2) REQUIREMENTS- The methods and standards established under paragraph (1) shall include-- (A) a requirement that a covered entity use a continuous emissions monitoring system, or another system of measuring or estimating emissions that is determined by the Administrator, in consultation with the Secretary, to provide information with precision, reliability, accessibility, and timeliness similar to that provided by a continuous emissions monitoring system where technologically feasible; (B) establishment of standardized measurement and verification practices for reports made by all entities participating in the registry, taking into account-- (i) protocols and standards in use by entities requiring or desiring to participate in the registry as of the date of development of the methods and standards under paragraph (1); (ii) boundary issues, such as leakage; (iii) avoidance of double counting of greenhouse gas emissions and emission reductions; (iv) protocols to prevent a covered entity from avoiding the requirements of this Act by reorganization into multiple entities that are under common control; and (v) such other factors as the Administrator, in consultation with the Secretary, determines to be appropriate; (C) establishment of methods of-- (i) estimating greenhouse gas emissions, for those cases in which the Administrator, in consultation with the Secretary, determines that methods of monitoring, measuring or estimating such emissions with precision, reliability, accessibility, and timeliness similar to that provided by a continuous emissions monitoring system are not technologically feasible at present; and (ii) reporting the accuracy of such estimations; (D) establishment of measurement and verification standards applicable to actions taken to reduce, avoid, or sequester greenhouse gas emissions; (E) in coordination with the Secretary of Agriculture, standards to measure the results of the use of carbon sequestration and carbon recapture technologies, including-- (i) soil carbon sequestration practices; and (ii) forest preservation and reforestation activities that adequately address the issues of permanence, leakage, and verification; (F) establishment of such other measurement and verification standards as the Administrator, in consultation with the Secretary, the Secretary of Agriculture, and the Secretary of Energy, determines to be appropriate; (G) establishment of standards for obtaining the Administrator's approval of the suitability of geological storage sites that include evaluation of both the geology of the site and the entity's capacity to manage the site; and (H) establishment of other features that, as determined by the Administrator, will allow entities to adequately establish a fair and reliable measurement and reporting system. (b) REVIEW AND REVISION- The Administrator, in consultation with the Secretary, shall periodically review, and revise as necessary, the methods and standards developed under subsection (a). (c) PUBLIC PARTICIPATION- The Administrator shall-- (1) make available to the public for comment, in draft form and for a period of at least 90 days, the methods and standards developed under subsection (a); and (2) after the 90-day period referred to in paragraph (1), in coordination with the Secretary of Energy, the Secretary of Agriculture, and the Secretary, adopt the methods and standards developed under subsection (a) for use in implementing the database. (d) EXPERTS AND CONSULTANTS- (1) IN GENERAL- The Administrator may obtain the services of experts and consultants in the private and nonprofit sectors in accordance with section 3109 of title 5, United States Code, in the areas of greenhouse gas measurement, certification, and emission trading. (2) AVAILABLE ARRANGEMENTS- In obtaining any service described in paragraph (1), the Administrator may use any available grant, contract, cooperative agreement, or other arrangement authorized by law. Subtitle B--Mandating Emissions Reductions SEC. 121. COVERED ENTITIES MUST SUBMIT ALLOWANCES FOR EMISSIONS. (a) IN GENERAL- Beginning with calendar year 2012-- (1) each covered entity in the electric generation, industrial, and commercial sectors shall submit to the Administrator one tradeable allowance for each metric ton of greenhouse gases, measured in units of carbon dioxide equivalents, that it emits from stationary sources, except those described in paragraph (2); (2) each producer or importer of hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride that is a covered entity shall submit to the Administrator one tradeable allowance for each metric ton of hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride, measured in units of carbon dioxide equivalents; that it produces or imports and that will ultimately be emitted in the United States, as determined by the Administrator under subsection (d); and (3) each petroleum refiner or importer that is a covered entity shall submit one tradeable allowance for each unit of petroleum product it sells that will produce one metric ton of greenhouse gases, measured in units of carbon dioxide equivalents, as determined by the Administrator under subsection (b), when used for transportation. (b) DETERMINATION OF TRANSPORTATION SECTOR AMOUNT- For the transportation sector, the Administrator shall determine the amount of greenhouse gases, measured in units of carbon dioxide equivalents, that will be emitted when petroleum products are used for transportation. (c) EXCEPTION FOR CERTAIN DEPOSITED EMISSIONS- Notwithstanding subsection (a), a covered entity is not required to submit a tradeable allowance for any amount of greenhouse gas that would otherwise have been emitted from a facility under the ownership or control of that entity if-- (1) the emission is deposited in a geological storage facility approved by the Administrator under section 104(a)(2)(G); and (2) the entity agrees to submit tradeable allowances for any portion of the deposited emission that is subsequently emitted from that facility. (d) DETERMINATION OF HYDROFLUOROCARBON, PERFLUOROCARBON, AND SULFUR HEXAFLUORIDE AMOUNT- The Administrator shall determine the amounts of hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride, measured in units of carbon dioxide equivalents, that will be deemed to be emitted for purposes of this Act. SEC. 122. COMPLIANCE. (a) SOURCE OF TRADEABLE ALLOWANCES USED- A covered entity may use a tradeable allowance to meet the requirements of this section without regard to whether the tradeable allowance was allocated to it under subtitle D of this title or acquired from another entity or the Climate Change Credit Corporation established under section 201. (b) VERIFICATION BY ADMINISTRATOR- At various times during each year, the Administrator shall determine whether each covered entity has met the requirements of this section. -------------------------------------------------------------------------------- THIS SEARCH THIS DOCUMENT GO TO Next Hit Forward New Bills Search Prev Hit Back HomePage Hit List Best Sections Help Contents Display -------------------------------------------------------------------------------- THOMAS Home | Contact | Accessibility | Legal | USA.gov

GLOBAL WARMING POLLUTANT- The term `global warming pollutant' means-- `(A) carbon dioxide; `(B) methane; `(C) nitrous oxide; `(D) hydrofluorocarbons; `(E) perfluorocarbons; `(F) sulfur hexafluoride; and `(G) any other anthropogenically-emitted gas that the Administrator, after notice and comment, determines to contribute to global warming. `(5) GLOBAL WARMING POLLUTION- The term `global warming pollution' means any combination of 1 or more global warming pollutants emitted into the ambient air or atmosphere.

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