Hill Heat: Markey Introduces "Investing in Climate Action and Protection Act," Calling it "Revolutionary"Science Policy Legislation Actiontag:www.hillheat.com,2005:TypoTypo2008-06-05T08:17:26-04:00Brad Johnsonurn:uuid:4aeb73a4-fa56-484f-8cca-813dc3e67c852008-05-28T07:54:00-04:002008-06-05T08:17:26-04:00Markey Introduces "Investing in Climate Action and Protection Act," Calling it "Revolutionary"From the <a href="http://globalwarming.house.gov/mediacenter/pressreleases?id=0236">press release</a>:
<blockquote>Rep. Edward J. Markey (D-Mass.) introduced a revolutionary new global warming bill today that would reduce global warming pollution according to scientific targets, reinvest any revenue back to American workers and technology, and would re-establish America as a leader in solving the globe’s greatest challenge, climate change.
<p>At a speech at the Center for American Progress this morning, Rep. Markey, who is Chairman of the House Select Committee on Energy Independence and Global Warming, and a senior member of the Energy and Commerce and Natural Resources Committees, laid out his science- and consumer-based vision for climate legislation.</p>
<p>“I am here today because the chorus for change is deafening. The time for action is now,” said Rep. Markey in his prepared remarks. “We must cap pollution, we must invest in consumers, jobs and the technology of tomorrow, and America must lead the world in solving our greatest challenges, and we must start now.”</p>
<p>The bill is called the Investing in Climate Action and Protection Act, or iCAP for short, the small “i” a tip of the cap to the technological potential of clean energy. The bill also proffers a new paradigm in global warming legislation: the Cap-and-Invest system. The bill caps pollution at 85 percent below 2005 levels by 2050. It then uses an auction system that sets a price on carbon, and allows companies to compete for reductions, or buy or trade credits within the system.</blockquote></p>
<p>The “Investing in Climate Action and Protection Act” (iCAP Act) amends the Clean Air Act to
establish an economy-wide cap-auction-and-trade system that adheres to five core principles:</p>
<p><strong>1. Reduce U.S. global warming pollution by 85 percent by 2050, the necessary U.S.
contribution to stabilize atmospheric concentrations of heat-trapping gases and avoid
dangerous global warming.</strong></p>
<p>The iCAP Act’s cap-auction-and-trade program will cover 87 percent of U.S. greenhouse gas
emissions and will reduce covered emissions to 2005 levels by 2012, to 20 percent below 2005
levels by 2020, and to 85 percent below 2005 levels by 2050.</p>
<p>The following “covered entities” will be regulated under the cap: (1) power plants and large
industrial facilities; (2) entities that produce or import petroleum- or coal-based liquid or gaseous
fuels; (3) entities that produce or import hydrofluorocarbons, perfluorocarbons, sulfur
hexafluoride, or nitrogen trifluoride; (4) natural gas local distribution companies; and
(5) geological carbon sequestration sites.</p>
<p>The iCAP Act will achieve 7 percent additional coverage (a total of 94 percent coverage) through (1) mandatory performance standards for coal mines, landfills, wastewater treatment operations, and large animal feeding operations; and (2) voluntary financial incentives to farmers and forest managers to reduce greenhouse gas emissions and increase carbon storage. The iCAP Act also sets mandatory performance standards for new coal-fired power plants, requiring them to capture and sequester 85 percent of their <span class="caps">CO2</span> emissions within a set timeframe.</p>
<p><strong>2. Auction pollution allowances, instead of giving them free-of-charge to polluters, to avoid windfall profits for polluters, ensure fairness and effectiveness, and reduce social costs.</strong></p>
<p>The iCAP Act begins by auctioning 94 percent of allowances in 2012 and transitions to a 100
percent auction in 2020. The 6 percent of allowances not initially auctioned are distributed as transitional assistance to U.S. industries that are energy-intensive and exposed to international trade competition (e.g., iron and steel, aluminum, cement, glass, and paper).
The iCAP Act permits any person to buy, sell, or transfer allowances or to “bank” them for future use. Covered entities also may borrow allowances from the allowance budget for future years, but these “loans” must be repaid within five years with interest. Covered entities can meet up to 15 percent of their annual obligations with <span class="caps">EPA</span>-approved domestic offset credits and up to an additional 15 percent with <span class="caps">EPA</span>-approved international emission allowances or offset credits.
Domestic and international offset credits are subject to rigorous standards to ensure reductions in emissions or increases in sequestration are real, verifiable, additional, permanent, and enforceable. The Federal Energy Regulatory Commission will oversee the carbon market to prevent fraud and market manipulation.</p>
<p><strong>3. Return over half of auction proceeds to low- and middle-income households to help
compensate for any increase in energy costs as a result of climate legislation.</strong></p>
<p>The iCAP Act returns over half of auction proceeds to low- and middle-income households
through rebates and tax credits. This will compensate all increased energy costs due to climate legislation for all households earning under $70,000 (66 percent of U.S. households), and will provide benefits to all households earning up to $110,000 (over 80 percent of U.S. households).</p>
<p><strong>4. Invest the remaining auction proceeds in programs that will further reduce the costs of
climate policy, spur the development of advanced low-carbon technologies, grow the U.S.
economy, and address unavoidable impacts of climate change.</strong></p>
The iCAP Act uses the remaining auction proceeds to fund:
<ul>
<li>clean energy technology research, development, demonstration and deployment;</li>
<li>efficiency policies to reduce the costs and consumer impacts of climate policy;</li>
<li>incentives to U.S. farmers and foresters to reduce greenhouse gas emissions and increase carbon storage in agricultural soils and forests;</li>
<li>green jobs training and assistance for workers to transition into the new jobs of a low-carbon economy;</li>
<li>reduction of deforestation and deployment of clean technologies in developing countries;</li>
<li>programs to increase resilience to climate change impacts in the United States and in developing countries; and</li>
<li>climate change education.</li>
</ul>
<p><strong>5. Include policies that will encourage major-emitting developing countries, like China and
India, to take comparable action to reduce global warming pollution to protect the competitiveness of U.S. industry.</strong></p>
<p>Under the iCAP Act, developing countries that take comparable action to reduce global warming pollution will have access to funding from the International Clean Technology Fund and will be allowed to sell “offset credits” into the U.S. market. Developing countries that carry out programs to reduce emissions from deforestation will be eligible for assistance from an International Forest Protection Fund. If a country fails to take comparable action by 2020, importers of energy-intensive primary goods (e.g., iron and steel, aluminum, cement, glass, and paper) from that country will have to purchase special reserve allowances to account for pollution generated in the production of such goods. Until 2020, U.S. manufacturers of competing primary goods will be given free allowances to prevent loss of jobs or “leakage” of emissions due to international competition.</p>From the <a href="http://globalwarming.house.gov/mediacenter/pressreleases?id=0236">press release</a>:
<blockquote>Rep. Edward J. Markey (D-Mass.) introduced a revolutionary new global warming bill today that would reduce global warming pollution according to scientific targets, reinvest any revenue back to American workers and technology, and would re-establish America as a leader in solving the globe’s greatest challenge, climate change.
<p>At a speech at the Center for American Progress this morning, Rep. Markey, who is Chairman of the House Select Committee on Energy Independence and Global Warming, and a senior member of the Energy and Commerce and Natural Resources Committees, laid out his science- and consumer-based vision for climate legislation.</p>
<p>“I am here today because the chorus for change is deafening. The time for action is now,” said Rep. Markey in his prepared remarks. “We must cap pollution, we must invest in consumers, jobs and the technology of tomorrow, and America must lead the world in solving our greatest challenges, and we must start now.”</p>
<p>The bill is called the Investing in Climate Action and Protection Act, or iCAP for short, the small “i” a tip of the cap to the technological potential of clean energy. The bill also proffers a new paradigm in global warming legislation: the Cap-and-Invest system. The bill caps pollution at 85 percent below 2005 levels by 2050. It then uses an auction system that sets a price on carbon, and allows companies to compete for reductions, or buy or trade credits within the system.</blockquote></p>
<p>The “Investing in Climate Action and Protection Act” (iCAP Act) amends the Clean Air Act to
establish an economy-wide cap-auction-and-trade system that adheres to five core principles:</p>
<p><strong>1. Reduce U.S. global warming pollution by 85 percent by 2050, the necessary U.S.
contribution to stabilize atmospheric concentrations of heat-trapping gases and avoid
dangerous global warming.</strong></p>
<p>The iCAP Act’s cap-auction-and-trade program will cover 87 percent of U.S. greenhouse gas
emissions and will reduce covered emissions to 2005 levels by 2012, to 20 percent below 2005
levels by 2020, and to 85 percent below 2005 levels by 2050.</p>
<p>The following “covered entities” will be regulated under the cap: (1) power plants and large
industrial facilities; (2) entities that produce or import petroleum- or coal-based liquid or gaseous
fuels; (3) entities that produce or import hydrofluorocarbons, perfluorocarbons, sulfur
hexafluoride, or nitrogen trifluoride; (4) natural gas local distribution companies; and
(5) geological carbon sequestration sites.</p>
<p>The iCAP Act will achieve 7 percent additional coverage (a total of 94 percent coverage) through (1) mandatory performance standards for coal mines, landfills, wastewater treatment operations, and large animal feeding operations; and (2) voluntary financial incentives to farmers and forest managers to reduce greenhouse gas emissions and increase carbon storage. The iCAP Act also sets mandatory performance standards for new coal-fired power plants, requiring them to capture and sequester 85 percent of their <span class="caps">CO2</span> emissions within a set timeframe.</p>
<p><strong>2. Auction pollution allowances, instead of giving them free-of-charge to polluters, to avoid windfall profits for polluters, ensure fairness and effectiveness, and reduce social costs.</strong></p>
<p>The iCAP Act begins by auctioning 94 percent of allowances in 2012 and transitions to a 100
percent auction in 2020. The 6 percent of allowances not initially auctioned are distributed as transitional assistance to U.S. industries that are energy-intensive and exposed to international trade competition (e.g., iron and steel, aluminum, cement, glass, and paper).
The iCAP Act permits any person to buy, sell, or transfer allowances or to “bank” them for future use. Covered entities also may borrow allowances from the allowance budget for future years, but these “loans” must be repaid within five years with interest. Covered entities can meet up to 15 percent of their annual obligations with <span class="caps">EPA</span>-approved domestic offset credits and up to an additional 15 percent with <span class="caps">EPA</span>-approved international emission allowances or offset credits.
Domestic and international offset credits are subject to rigorous standards to ensure reductions in emissions or increases in sequestration are real, verifiable, additional, permanent, and enforceable. The Federal Energy Regulatory Commission will oversee the carbon market to prevent fraud and market manipulation.</p>
<p><strong>3. Return over half of auction proceeds to low- and middle-income households to help
compensate for any increase in energy costs as a result of climate legislation.</strong></p>
<p>The iCAP Act returns over half of auction proceeds to low- and middle-income households
through rebates and tax credits. This will compensate all increased energy costs due to climate legislation for all households earning under $70,000 (66 percent of U.S. households), and will provide benefits to all households earning up to $110,000 (over 80 percent of U.S. households).</p>
<p><strong>4. Invest the remaining auction proceeds in programs that will further reduce the costs of
climate policy, spur the development of advanced low-carbon technologies, grow the U.S.
economy, and address unavoidable impacts of climate change.</strong></p>
The iCAP Act uses the remaining auction proceeds to fund:
<ul>
<li>clean energy technology research, development, demonstration and deployment;</li>
<li>efficiency policies to reduce the costs and consumer impacts of climate policy;</li>
<li>incentives to U.S. farmers and foresters to reduce greenhouse gas emissions and increase carbon storage in agricultural soils and forests;</li>
<li>green jobs training and assistance for workers to transition into the new jobs of a low-carbon economy;</li>
<li>reduction of deforestation and deployment of clean technologies in developing countries;</li>
<li>programs to increase resilience to climate change impacts in the United States and in developing countries; and</li>
<li>climate change education.</li>
</ul>
<p><strong>5. Include policies that will encourage major-emitting developing countries, like China and
India, to take comparable action to reduce global warming pollution to protect the competitiveness of U.S. industry.</strong></p>
<p>Under the iCAP Act, developing countries that take comparable action to reduce global warming pollution will have access to funding from the International Clean Technology Fund and will be allowed to sell “offset credits” into the U.S. market. Developing countries that carry out programs to reduce emissions from deforestation will be eligible for assistance from an International Forest Protection Fund. If a country fails to take comparable action by 2020, importers of energy-intensive primary goods (e.g., iron and steel, aluminum, cement, glass, and paper) from that country will have to purchase special reserve allowances to account for pollution generated in the production of such goods. Until 2020, U.S. manufacturers of competing primary goods will be given free allowances to prevent loss of jobs or “leakage” of emissions due to international competition.</p>
<center><span class="caps">INVESTING IN CLIMATE ACTION AND PROTECTION ACT</span><br />
<span class="caps">SUBTITLE</span>-BY-SUBTITLE <span class="caps">SUMMARY</span></center>
<h2><span class="caps">TITLE I</span> – <span class="caps">CAPPING GREENHOUSE GAS EMISSIONS</span></h2>
<h3><span class="caps">SECTION 101</span>. AMENDMENT <span class="caps">TO THE CLEAN AIR ACT</span></h3>
Section 101 of the bill adds a new Title <span class="caps">VII</span> to the Clean Air Act, the subtitles of which are
summarized below.
<h4>Subtitle A: Tracking Emissions</h4>
Subtitle A establishes a process through which <span class="caps">EPA</span> may designate substances as greenhouse
gases for the purposes of this Act. It also directs <span class="caps">EPA</span> to determine (and periodically review) the
quantity of each greenhouse gas that makes the same contribution to global warming as one
metric ton of <span class="caps">CO2</span>.
Subtitle A directs <span class="caps">EPA</span> to establish a national greenhouse gas registry to collect information on
greenhouse gas emissions, on a regular basis, and make that information publicly available.
<h4>Subtitle B: Reducing Emissions</h4>
Subtitle B directs <span class="caps">EPA</span> to establish a National Emission Allowance Account, composed of a
separate quantity of emission allowances for each calendar year from 2012 through 2050. In a
table, the subtitle identifies the number of emission allowances that will be issued for each year.
<span class="caps">EPA</span> will create, at the inception of the program, all of the emission allowances that will exist
over the life of the program. Each emission allowance will have a unique serial number that will
include the calendar year for which it was created.
The bill covers emissions of seven greenhouse gases – carbon dioxide (CO2), methane (CH4),
nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulfur hexafluoride
(SF6), and nitrogen trifluoride (NF3) – plus any other anthropogenic gas that <span class="caps">EPA</span> designates as a
greenhouse gas, based on a determination that such gas has a global warming potential equal to
or greater than that of <span class="caps">CO2</span>. Each emission allowance is equal to one metric ton <span class="caps">CO2</span>-equivalent
– the quantity of a greenhouse gas that makes the same contribution to global warming as one
metric ton of <span class="caps">CO2</span>.
The emissions “cap” will cover 87 percent of total U.S. greenhouse gas emissions. The size of
the 2012 Emission Allowance Account is 6,098 allowances, which is equivalent to greenhouse
gas emissions from sources covered by the “cap” in 2005. The size of the cap will decline each
year, resulting in a reduction of U.S. emissions to 20 percent below 2005 levels in 2020 and 85
percent below 2005 levels in 2050.
The bill requires the owner or operator of each “covered entity,” at the end of each calendar year
beginning in 2012 and ending in 2050, to submit to <span class="caps">EPA</span> one emission allowance for each metric ton <span class="caps">CO2</span>-equivalent of greenhouse gases that they emitted or that was contained in the fuels or
chemicals they put into commerce that year. Covered entities include:
<ul>
<li>Electric power and industrial facilities;</li>
<li>Entities that produce or import petroleum- or coal-based liquid or gaseous fuels – including most fossil-based transportation fuels;</li>
<li>Entities that produce or import HFCs, PFCs, <span class="caps">SF6</span>, or <span class="caps">NF3</span>;</li>
<li>Natural gas local distribution companies – to cover emissions from natural gas
combustion by residential and commercial facilities; and</li>
<li>Geological carbon sequestration sites – to cover any leakage.</li>
</ul>
<p>Entities that do not meet a 10,000 <span class="caps">CO2</span>-equivalent threshold will not be required to submit
allowances. To avoid double-counting of emissions, (1) electric power and industrial facilities
will not be required to submit allowances for any emissions resulting from the use of petroleumor
coal-based liquid or gaseous fuels; (2) natural gas local distribution companies will not be
required to submit allowances for emissions resulting from combustion of any natural gas
delivered to an electric power or industrial facility that meets the 10,000 metric ton <span class="caps">CO2</span>-
equivalent threshold; and (3) electric power and industrial facilities will not be required to submit
allowances for emissions of HFCs, PFCs, <span class="caps">SF6</span>, or <span class="caps">NF3</span>.
<span class="caps">HFC</span> producers will not be required to submit allowances between 2012 and 2019 in order to
ensure U.S. success in meeting Montreal Protocol targets for stratospheric ozone-depleting
substances and to allow adequate time for environmentally preferable substitutes for HFCs to
come to market.
A covered entity may submit domestic offset credits approved by <span class="caps">EPA</span> under subtitle E in lieu of
emission allowances to satisfy up to 15 percent of its compliance requirement. A covered entity
may also submit international emission allowances or offset credits approved by <span class="caps">EPA</span> under
subtitle F to satisfy up to 15 percent of its compliance requirement.
<span class="caps">EPA</span> will issue destruction credits to entities that convert a greenhouse gas (other than methane)
to another gas with a lower global warming potential. The number of credits issued will be equal
to the number of metric tons of <span class="caps">CO2</span>-equivalent of reduction in global warming potential
achieved through such conversion. A covered entity may use these credits to satisfy up to 100
percent of its annual compliance requirements.</p>
<h4>Subtitle C: Distribution of Allowances</h4>
<p>Subtitle C directs <span class="caps">EPA</span> to auction virtually all of the emission allowances each year, beginning
with 94 percent auction from 2012-2019 and transitioning to 100 percent auction in 2020.
The remaining allowances will be provided to U.S. manufacturers of trade-exposed primary
goods (such as iron and steel, cement, aluminum, bulk glass, and paper) as a transitional measure
to avoid production shifting abroad and thus undermining the environmental objectives of this
bill. Six percent of total allowances in 2012 through 2020 (with a cumulative value of $96
billion) will be allocated to manufacturers based upon the predicted adverse impact of direct and
indirect costs of this Act.</p>
<p>To optimize market liquidity and stability, auctions will be held on a quarterly basis.
Allowances for the current compliance year and for future compliance years (up to four years in
the future) will be available at each auction.
Auction proceeds will be used for a variety of public benefit purposes. Up to 0.5 percent of
auction proceeds will be deposited in to the Climate Protection Management Fund to cover the
costs associated with <span class="caps">EPA</span> and <span class="caps">FERC</span> administration of the Act. Fifty million dollars per year
will be dedicated to climate change education programs and centers for excellence established
under Subtitle H of Title <span class="caps">III</span>. All remaining proceeds will be divided among 10 separate funds
which will fund the programs described in Title <span class="caps">III</span> and Title IV of this Act.</p>
<h4>Subtitle D: Trading, Banking, and Borrowing</h4>
<p>Subtitle D establishes rules for the trading, banking, and borrowing of emission allowances.
Anyone may buy, sell, or transfer emission allowances, or submit them to <span class="caps">EPA</span> for retirement.
Unlimited “banking” of allowances for future use is permitted. A covered entity may also
borrow allowances from <span class="caps">EPA</span> (to be drawn from the emissions budget for future years) to meet
up to 15 percent of its annual compliance obligation, but an allowance “loan” must be repaid
within 5 years with 10 percent annual interest.</p>
<h4>Subtitle E: Offsets</h4>
Subtitle E establishes a program to issue offset credits to entities that carry out projects in the
United States that achieve real, verifiable, additional, permanent, and enforceable reductions in
emissions or increases in storage of carbon in plants and soils.
Four types of projects will be eligible to receive offset credits:
<ul>
<li>Reductions in (outside-the-cap) greenhouse gas emissions from oil and gas systems;</li>
<li>Reductions in greenhouse gas emissions from livestock operations that are not covered by performance standards under subtitle H;</li>
<li>Reductions in greenhouse gas emissions from abandoned coal mines; and</li>
<li>Increases in biological carbon sequestration through afforestation and reforestation.</li>
</ul>
<p>Activities covered by compliance obligations in subtitle B or performance standards in subtitle
H, or receiving support under subtitle D of Title <span class="caps">III</span> are not eligible to earn offset credits.
Subtitle E directs <span class="caps">EPA</span> to establish standardized monitoring, quantification, and accounting
protocols and standards for approval of offset credits. Offset credits may be claimed for eligible
projects annually by submitting verification reports certified by an accredited third party to <span class="caps">EPA</span>.</p>
<h4>Subtitle F: International Emission Allowances and Offset Credits</h4>
<p>Subtitle F directs <span class="caps">EPA</span> to establish regulations providing for approval of emission allowances
from foreign greenhouse markets that impose mandatory absolute limits on emissions that are of
comparable stringency to the program established by this bill, including comparable monitoring,
compliance, and enforcement practices.</p>
<p>Subtitle F also directs <span class="caps">EPA</span> to establish regulations providing for approval of categories and
subcategories of international offset credits that meet certain criteria. Only credits generated
from projects in countries that have taken action on climate change comparable to that of the
United States, or in countries that have very low emissions or are among the least developed of
developing countries, are eligible for use under this title.</p>
<h4>Subtitle G: Global Effort to Reduce Greenhouse Gas Emissions</h4>
<p>Subtitle G encourages the President to work proactively under the United Nations Framework
Convention on Climate Change and in other appropriate forums, to establish binding agreements
committing all major greenhouse gas-emitting nations to contribute equitably to the reduction of
global greenhouse gas emissions.
Subtitle G also directs the President to determine whether each foreign country has taken action
to reduce greenhouse gas emissions that is “comparable” to that of the United States, taking into
account the level of economic development of each country. If, by 2020, any of our trading
partners have not taken “comparable” action, the President is authorized to require importers of
trade-exposed primary goods (e.g., iron and steel, cement, aluminum, bulk glass, and paper) from
those countries to purchase special “international reserve allowances” to account for the
greenhouse gas emissions from the production of the goods. Least-developed countries and
countries with very low greenhouse gas emissions will be exempt from this requirement.
The pool of international reserve allowances will be separate from the domestic emission
allowance pool, so that the program will not affect domestic emission levels or the price of
domestic emission allowances. Proceeds from the sale of international reserve allowances will
provide supplemental funding for the International Clean Technology Fund described in subtitle
B of Title IV.</p>
<h4>Subtitle H: Standards for Coal-Fired Power Plants and Non-Covered Facilities</h4>
<p>Subtitle H directs <span class="caps">EPA</span> to promulgate performance standards for certain sources not included
under the cap – such as coal mines, landfills, wastewater treatment operations, and large animal
feeding operations – that emit at least 10,000 metric tons <span class="caps">CO2</span>-equivalent per year. These
standards will require such sources to apply best available control technologies or practices.
Subtitle H also establishes mandatory performance standards for any new coal-fired power plant,
requiring all plants on which construction begins after January 1, 2009, to achieve capture and
geological sequestration of 85 percent of their <span class="caps">CO2</span> emissions within a defined time frame.</p>
<h3><span class="caps">SECTION 102</span>: CONFORMING <span class="caps">AMENDMENTS</span></h3>
<p>Section 102 of the Act amends sections 113, 114, and 307 of the Clean Air Act to make the Act’s
existing mechanisms for enforcement, inspections, administrative process, and judicial review
applicable to the new Title <span class="caps">VII</span> of the Act.</p>
<h3><span class="caps">SECTION 103</span>: COMPLEMENTARY <span class="caps">POLICIES FOR HYDROFLUOROCARBONS</span></h3>
<p>To ensure proper use and disposal of HFCs and other fluorinated gases used as substitutes for
ozone-depleting substances, this section amends sections 608 and 609 of the Clean Air Act to
extend to these substances the requirements of the Clean Air Act that already apply to the sale,
use, and disposal of chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs).</p>
<h3><span class="caps">SECTION 104</span>: WAIVER <span class="caps">OF PREEMPTION FOR CALIFORNIA STANDARDS FOR VEHICLE GREENHOUSE GAS EMISSIONS</span></h3>
<p>This section overrides <span class="caps">EPA</span>’s unfounded denial, in December 2007, of California’s petition for a
waiver of preemption under the Clean Air Act of its greenhouse gas emissions standards for
vehicles. This will permit California and the other States that have adopted the California
standards to proceed with implementation of these standards.</p>
<h3><span class="caps">SECTION 105</span>: LOW-CARBON <span class="caps">FUEL STANDARD</span></h3>
<p>This section amends section 211 of the Clean Air Act to establish a Low-Carbon Fuel Standard
(LCFS). The <span class="caps">LCFS</span> establishes a market-based system to incentivize reductions in the lifecycle
greenhouse gas emissions associated with the production and use of transportation fuels, through
deployment of advanced biofuels, plug-in hybrid vehicles, and hydrogen. The <span class="caps">LCFS</span> is
integrated with the current Renewable Fuel Standard, promoting a long-term market for
substitutes to petroleum.</p>
<h2><span class="caps">TITLE II</span> – <span class="caps">CARBON MARKET OVERSIGHT</span></h2>
<p>Title II creates a new Office of Carbon Market Oversight (“OCMO”) within <span class="caps">FERC</span>, which is
charged with ensuring transparency, fairness, and stability in the market for emission allowances,
offset credits, and derivatives thereof (referred to as “regulated instruments”).
The <span class="caps">OCMO</span> will establish rules requiring registration of (1) self-regulated “registered carbon
trading facilities” on which regulated instruments are traded, (2) “carbon clearing organizations”
that provide clearing services to trading facilities, and (3) brokers and dealers trading in
regulated instruments. Registered carbon trading facilities will publicize price and other trading
data and enforce rules against fraud and market manipulation.
Trading of regulated instruments generally will be limited to registered exchanges, except that, in
order to provide greater flexibility and efficiency in hedging carbon risks, large institutions and
high net-worth individuals are permitted to trade regulated derivatives off-exchange (in the over-the-counter market). To ensure market transparency, the <span class="caps">OCMO</span> will establish regulations
providing for reporting of trading activity by large traders in regulated instruments. To prevent
market participants from seeking to “corner” or otherwise manipulate the market, the <span class="caps">OCMO</span>
may adopt position limits or position accountability requirements for regulated instruments.</p>
<p>Title II establishes rules against fraud and market manipulation, which <span class="caps">OCMO</span> is authorized to
enforce through administrative procedures and penalties, civil enforcement actions in federal
district court, or (in the case of knowing or willful violations) criminal prosecution. Finally, the
<span class="caps">OCMO</span> will monitor the functioning of the carbon market and its effects on the U.S. economy
and will provide quarterly reports to Congress.</p>
<h2><span class="caps">TITLE III</span> – <span class="caps">INVESTING IN AMERICA</span>’S <span class="caps">LOW</span>-CARBON <span class="caps">FUTURE</span></h2>
<p>Title <span class="caps">III</span> establishes a series of domestic programs funded by auction proceeds. A description of
each program, along with an estimate of cumulative funding for the program over the life of the
bill, is provided below.</p>
<h4>Subtitle A: Climate Trust Tax Credits and Rebates</h4>
<p>Under Subtitle A, $4.3 trillion (55 to 58.5 percent of auction proceeds) will be used for
refundable tax credits and rebates for middle- and low-income households, to compensate for
any increase in energy costs resulting from the bill. Tax credits will be used to reach middleincome
wage earners and senior citizens, and cash rebates – distributed through the Electronic
Benefits Transfer systems used for food stamps – will be used to reach low-income households.
All households earning under $110,000 will be eligible. Virtually all costs from climate
regulation will be covered for households earning under $70,000, with benefit levels phasing out
gradually for households earning $70,000 to $110,000.</p>
<h4>Subtitle B: Low-Carbon Technology Fund</h4>
<p>Under Subtitle B, $963 billion (12.5 percent of auction proceeds) will be used to fund lowcarbon
energy technology research, development, demonstration, and deployment programs
administered by the Department of Energy (DOE). These include RD&D programs authorized
under existing law in the areas of renewable electricity generation, carbon capture and
sequestration, electric transmission and distribution efficiency (including smart grid
technologies), low-carbon renewable fuels, low-emission vehicles, building efficiency, industrial
efficiency, energy storage technologies, and the Advanced Research Projects Agency-Energy
(“ARPA-E”). In addition, Subtitle B establishes two new programs to promote the deployment
of renewable electricity generation – the first awards production payments through a reverse
auction and the second provides rebates for the purchase and installation of distributed
generation technologies such as solar panels. From 2010-2020, cost-sharing grants are
authorized to cover the incremental costs of implementing carbon capture and sequestration
technology at coal-fired power plants.</p>
<h4>Subtitle C: National Energy Efficiency Fund</h4>
<p>Under Subtitle C, $963 billion (12.5 percent of auction proceeds) will be used to fund a broad
array of efficiency programs. These include: (1) a program to award incentive payments to
States based on the magnitude of energy savings each State achieves each year through consumer
efficiency programs; (2) programs to award grants to states that adopt and implement building
efficiency and recycling policies; (3) funding for the Weatherization Assistance Program for
low-income persons and the Low Income Home Energy Assistance Program; and (4) grants to
support state and local mass transit and “smart growth” projects that will reduce vehicle miles
traveled.</p>
<h4>Subtitle D: Agriculture and Forestry Carbon Fund</h4>
<p>Under Subtitle D, $378 billion (4.5 to 5 percent of auction proceeds) will be used to fund a
program, administered by the Department of Agriculture, to support projects by U.S. farmers and
foresters that increase biological sequestration of carbon and reduce greenhouse gas emissions
through improved agricultural soil management and forest management practices (not including
afforestation and reforestation). <span class="caps">USDA</span> is also directed to undertake a complementary program
of research, education, and outreach on agriculture and forestry greenhouse gas management.</p>
<h4>Subtitle E: Worker Transition Assistance and Green Jobs Training</h4>
<p>Under Subtitle E, $147 billion (1.5 to 2 percent of auction proceeds) will be used to fund the
green jobs training programs established under the Energy Independence and Security Act of
2007, and a program, administered by the Department of Labor, which will provide training,
income support, and tax credits for health care insurance for up to two years to any workers
affected by the transition to a new low-carbon economy.</p>
<h4>Subtitle F: National Climate Change Adaptation Program</h4>
<p>Under Subtitle F, $185 billion (2 to 2.5 percent of auction proceeds) will be used to support a
comprehensive program to increase America’s resilience to the impacts of climate change.
Under this program, the National Oceanic and Atmospheric Administration will (1) develop
periodic regional and national assessments of America’s vulnerability to climate change impacts;
and (2) establish a National Climate Service to provide research products and decision tools,
based upon robust monitoring and observational capabilities, to federal, state, local, and tribal
decision makers to assist with developing adaptation strategies.
Subtitle F also requires federal agencies to develop and implement plans to address climate
change impacts within their respective jurisdictions and directs the President, pursuant to a
detailed plan submitted for congressional review, to fund state, local, and tribal government
programs and projects to reduce vulnerability to climate change impacts.</p>
<h4>Subtitle G: Natural Resource Conservation Fund</h4>
<p>Under Subtitle G, $147 billion (1.5 to 2 percent of auction proceeds) will be used to support
measures, implemented by federal land and natural resource management agencies and the
States, to protect U.S. natural resources, wildlife, and fisheries against adverse impacts from
climate change. Federally administered funds must be used in accord with a national strategy
developed by the President, with advice from a science advisory committee, and state-administered
funds must be used in accord with federally approved state strategies.</p>
<h4>Subtitle H: Climate Change Education and Centers for Excellence</h4>
<p>Under Subtitle H, $2 billion (up to $50 million per year) will be used to provide support, through
the National Science Foundation and <span class="caps">EPA</span>, for the development and implementation of climate
change education programs and to provide cost-sharing grants supporting the establishment, at
colleges, universities, and non-profit organizations, of national centers for excellence on climate
change science, technology, and policy.</p>
<h2><span class="caps">TITLE IV</span> – <span class="caps">ENCOURAGING GLOBAL ACTION</span></h2>
<p>Title IV establishes three international programs, funded by auction proceeds, to encourage
global action to combat climate change.</p>
<h4>Subtitle A: International Forest Protection Fund</h4>
<p>Under Subtitle A, $147 billion (1.5 to 2 percent of auction proceeds) will be used to support
policies in qualifying developing countries that reduce emissions from deforestation and forest
degradation or increase biological carbon sequestration through restoration of forests and
degraded lands, afforestation, and improved forest management. Countries that do not initially
qualify for inclusion in the incentive program are eligible for grants to build their capacity to
reduce emissions from deforestation and degradation and increase carbon storage in forests.</p>
<h4>Subtitle B: International Clean Technology Fund</h4>
<p>Under Subtitle B, $301 billion (3.5 to 4 percent of auction proceeds) will be used to support an
international clean technology fund. This fund will provide support for the adoption of clean
energy and efficiency technologies by major-emitting developing countries that the President
certifies, under Title I, as having taken “comparable action” to combat climate change, taking
into account the country’s level of economic development.</p>
<h4>Subtitle C: International Climate Change Adaptation Fund</h4>
<p>Under Subtitle C, $185 billion (2 to 2.5 percent of auction proceeds) will be used to support an
international adaptation program, to be administered by the U.S. Agency for International
Development, which will fund projects to assist the most vulnerable developing countries in
adapting to the impacts of climate change.</p>
<h2><span class="caps">TITLE V</span> – <span class="caps">LEGAL FRAMEWORK FOR GEOLOGICAL SEQUESTRATION OF CARBON DIOXIDE</span></h2>
<p>Title V amends the Safe Drinking Water Act to require <span class="caps">EPA</span> to develop comprehensive
regulatory standards for underground injection of carbon dioxide.
Representative Edward J. Markey Investing in Climate Action 9 and Protection Act
Title V also directs <span class="caps">EPA</span> to establish a task force charged with providing Congress with
recommendations regarding the legal framework to govern liability with respect to closed
geological storage sites. Finally, the Secretary of Energy is directed to undertake a feasibility
study regarding construction of carbon dioxide pipelines and geological sequestration facilities.</p>
<h2><span class="caps">TITLE VI</span> – <span class="caps">BUILDING EFFICIENCY STANDARDS</span></h2>
<p>Title VI incorporates provisions from the House-passed version of the energy bill from 2007,
requiring the Department of Energy to develop model building efficiency codes that States are
required to adopt and enforce. States that do so become eligible for funding from the National
Energy Efficiency Fund (described in subtitle C of Title <span class="caps">III</span>).</p>
<h2><span class="caps">TITLE VII</span> – <span class="caps">REVIEWS AND RECOMMENDATIONS</span></h2>
<p>Title <span class="caps">VII</span> establishes a comprehensive framework for periodic review and reports to Congress, by
the National Academy of Sciences (NAS), the Government Accountability Office (GAO), and
relevant federal agencies, of all major aspects of the bill.
The <span class="caps">NAS</span> is directed to report every five years on the latest scientific information relevant to
greenhouse gas emissions and climate change impacts and the bill’s performance in reducing
emissions. The <span class="caps">GAO</span> is directed to report every three years on Federal agencies’ administration
of, and performance of, the programs established under titles <span class="caps">III</span> and IV of the bill.
Every five years, an interagency body will make recommendations to the President, and the
President will in turn make recommendations to Congress, on changes to the framework
established by the bill based on the <span class="caps">NAS</span>’s and <span class="caps">GAO</span>’s most recent findings and
recommendations. Title VI also provides for expedited Congressional consideration of a
presidential recommendation to tighten the bill’s emissions cap if the <span class="caps">NAS</span>’s scientific findings
indicate such action is necessary.</p>