What it changes

1 change to H.R. 6 · shown in the bill's text

Adds a section
  1. Adds Subtitle C--National Greenhouse Gas Database SEC. 1621. PURPOSE at the end of title XVI

    Adds a section

    In H.R. 6 · Placed on Calendar Senate

    (c) Report to Congress.--Not later than 1 year after the date of enactment of this Act, the National Academy of Sciences shall transmit results of the study to Congress, the Secretary of Energy, and the Secretary of Agriculture, including any findings and recommendations.

    Inserted: Subtitle C--National Greenhouse Gas Database SEC. 1621. PURPOSE.

    Inserted: The purpose of this subtitle is to establish a greenhouse gas inventory, reductions registry, and information system that--

    Inserted: (1) are complete, consistent, transparent, and accurate;

    Inserted: (2) will create reliable and accurate data that can be used by public and private entities to design efficient and effective greenhouse gas emission reduction strategies; and

    Inserted: (3) will acknowledge and encourage greenhouse gas emission reductions.

    Inserted: SEC. 1622. DEFINITIONS.

    Inserted: In this subtitle:

    Inserted: (1) Administrator.--The term "Administrator" means the Administrator of the Environmental Protection Agency.

    Inserted: (2) Baseline.--The term "baseline" means the historic greenhouse gas emission levels of an entity, as adjusted upward by the designated agency to reflect actual reductions that are verified in accordance with--

    Inserted: (A) regulations issued under section 1624(c)(1); and

    Inserted: (B) relevant standards and methods developed under this subtitle.

    Inserted: (3) Database.--The term "database" means the National Greenhouse Gas Database established under section 1624.

    Show 208 more inserted paragraphs

    Inserted: (4) Designated agency.--The term "designated agency" means a department or agency to which responsibility for a function or program is assigned under the memorandum of agreement entered into under section 1623(a).

    Inserted: (5) Direct emissions.--The term "direct emissions" means greenhouse gas emissions by an entity from a facility that is owned or controlled by that entity.

    Inserted: (6) Entity.--The term "entity" means--

    Inserted: (A) a person located in the United States; or

    Inserted: (B) a public or private entity, to the extent that the entity operates in the United States.

    Inserted: (7) Facility.--The term "facility" means--

    Inserted: (A) all buildings, structures, or installations located on any 1 or more contiguous or adjacent properties of an entity in the United States; and

    Inserted: (B) a fleet of 20 or more motor vehicles under the common control of an entity.

    Inserted: (8) Greenhouse gas.--The term "greenhouse gas" means--

    Inserted: (A) carbon dioxide;

    Inserted: (B) methane;

    Inserted: (C) nitrous oxide;

    Inserted: (D) hydrofluorocarbons;

    Inserted: (E) perfluorocarbons;

    Inserted: (F) sulfur hexafluoride; and

    Inserted: (G) any other anthropogenic, climate-forcing emission with significant ascertainable global warming potential, as--

    Inserted: (i) recommended by the National Academy of Sciences under section 1627(b)(3); and

    Inserted: (ii) determined in regulations issued under section 1624(c)(1) (or revisions to the regulations) to be appropriate and practicable for coverage under this subtitle.

    Inserted: (9) Indirect emissions.--The term "indirect emissions" means greenhouse gas emissions that--

    Inserted: (A) are a result of the activities of an entity; but

    Inserted: (B)(i) are emitted from a facility owned or controlled by another entity; and

    Inserted: (ii) are not reported as direct emissions by the entity the activities of which resulted in the emissions.

    Inserted: (10) Registry.--The term "registry" means the registry of greenhouse gas emission reductions established as a component of the database under section 1624(b)(2).

    Inserted: (11) Sequestration.--

    Inserted: (A) In general.--The term "sequestration" means the capture, long-term separation, isolation, or removal of greenhouse gases from the atmosphere.

    Inserted: (B) Inclusions.--The term "sequestration" includes--

    Inserted: (i) soil carbon sequestration;

    Inserted: (ii) agricultural and conservation practices;

    Inserted: (iii) reforestation;

    Inserted: (iv) forest preservation;

    Inserted: (v) maintenance of an underground reservoir; and

    Inserted: (vi) any other appropriate biological or geological method of capture, isolation, or removal of greenhouse gases from the atmosphere, as determined by the Administrator.

    Inserted: SEC. 1623. ESTABLISHMENT OF MEMORANDUM OF AGREEMENT.

    Inserted: (a) In General.--Not later than 1 year after the date of enactment of this Act, the President, acting through the Director of the Office of National Climate Change Policy, shall direct the Secretary, the Secretary of Commerce, the Secretary of Agriculture, the Secretary of Transportation, and the Administrator to enter into a memorandum of agreement under which those heads of Federal agencies will--

    Inserted: (1) recognize and maintain statutory and regulatory authorities, functions, and programs that--

    Inserted: (A) are established as of the date of enactment of this Act under other law;

    Inserted: (B) provide for the collection of data relating to greenhouse gas emissions and effects; and

    Inserted: (C) are necessary for the operation of the database;

    Inserted: (2)(A) distribute additional responsibilities and activities identified under this subtitle to Federal departments or agencies in accordance with the missions and expertise of those departments and agencies; and

    Inserted: (B) maximize the use of available resources of those departments and agencies; and

    Inserted: (3) provide for the comprehensive collection and analysis of data on greenhouse gas emissions relating to product use (including the use of fossil fuels and energy-consuming appliances and vehicles).

    Inserted: (b) Minimum Requirements.--The memorandum of agreement entered into under subsection (a) shall, at a minimum, retain the following functions for the designated agencies:

    Inserted: (1) Department of energy.--The Secretary shall be primarily responsible for developing, maintaining, and verifying the registry and the emission reductions reported under section 1605(b) of the Energy Policy Act of 1992 (42 U.S.C. 13385(b)).

    Inserted: (2) Department of commerce.--The Secretary of Commerce shall be primarily responsible for the development of--

    Inserted: (A) measurement standards for the monitoring of emissions; and

    Inserted: (B) verification technologies and methods to ensure the maintenance of a consistent and technically accurate record of emissions, emission reductions, and atmospheric concentrations of greenhouse gases for the database.

    Inserted: (3) Environmental protection agency.--The Administrator shall be primarily responsible for--

    Inserted: (A) emissions monitoring, measurement, verification, and data collection under this subtitle and title IV (relating to acid deposition control) and title VIII of the Clean Air Act (42 U.S.C. 7651 et seq.), including mobile source emissions information from implementation of the corporate average fuel economy program under chapter 329 of title 49, United States Code; and

    Inserted: (B) responsibilities of the Environmental Protection Agency relating to completion of the national inventory for compliance with the United Nations Framework Convention on Climate Change, done at New York on May 9, 1992.

    Inserted: (4) Department of agriculture.--The Secretary of Agriculture shall be primarily responsible for--

    Inserted: (A) developing measurement techniques for--

    Inserted: (i) soil carbon sequestration; and

    Inserted: (ii) forest preservation and reforestation activities; and

    Inserted: (B) providing technical advice relating to biological carbon sequestration measurement and verification standards for measuring greenhouse gas emission reductions or offsets.

    Inserted: (c) Draft Memorandum of Agreement.--Not later than 15 months after the date of enactment of this Act, the President, acting through the Director of the Office of National Climate Change Policy, shall publish in the Federal Register, and solicit comments on, a draft version of the memorandum of agreement described in subsection (a).

    Inserted: (d) No Judicial Review.--The final version of the memorandum of agreement shall not be subject to judicial review.

    Inserted: SEC. 1624. NATIONAL GREENHOUSE GAS DATABASE.

    Inserted: (a) Establishment.--As soon as practicable after the date of enactment of this Act, the designated agencies, in consultation with the private sector and nongovernmental organizations, shall jointly 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.

    Inserted: (b) National Greenhouse Gas Database Components.--The database shall consist of--

    Inserted: (1) an inventory of greenhouse gas emissions; and

    Inserted: (2) a registry of greenhouse gas emission reductions.

    Inserted: (c) Comprehensive System.--

    Inserted: (1) In general.--Not later than 2 years after the date of enactment of this Act, the designated agencies shall jointly promulgate regulations to implement a comprehensive system for greenhouse gas emissions reporting, inventorying, and reductions registration.

    Inserted: (2) Requirements.--The designated agencies shall ensure, to the maximum extent practicable, that--

    Inserted: (A) the comprehensive system described in paragraph (1) is designed to--

    Inserted: (i) maximize completeness, transparency, and accuracy of information reported; and

    Inserted: (ii) minimize costs incurred by entities in measuring and reporting greenhouse gas emissions; and

    Inserted: (B) the regulations issued under paragraph (1) establish procedures and protocols necessary--

    Inserted: (i) to prevent the reporting of some or all of the same greenhouse gas emissions or emission reductions by more than 1 reporting entity;

    Inserted: (ii) to provide for corrections to errors in data submitted to the database;

    Inserted: (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;

    Inserted: (iv) to provide for adjustments to reflect new technologies or methods for measuring or calculating greenhouse gas emissions; and

    Inserted: (v) to account for changes in registration of ownership of emission reductions resulting from a voluntary private transaction between reporting entities.

    Inserted: (3) Baseline identification and protection.--Through regulations issued under paragraph (1), the designated agencies shall develop and implement a system that provides--

    Inserted: (A) for the provision of unique serial numbers to identify the verified emission reductions made by an entity relative to the baseline of the entity;

    Inserted: (B) for the tracking of the reductions associated with the serial numbers; and

    Inserted: (C) that the reductions may be applied, as determined to be appropriate by any Act of Congress enacted after the date of enactment of this Act, toward a Federal requirement under such an Act that is imposed on the entity for the purpose of reducing greenhouse gas emissions.

    Inserted: SEC. 1625. GREENHOUSE GAS REDUCTION REPORTING.

    Inserted: (a) In General.--An entity that participates in the registry shall meet the requirements described in subsection (b).

    Inserted: (b) Requirements.--

    Inserted: (1) In general.--The requirements referred to in subsection (a) are that an entity (other than an entity described in paragraph (2)) shall--

    Inserted: (A) establish a baseline (including all of the entity's greenhouse gas emissions on an entity-wide basis); and

    Inserted: (B) submit the report described in subsection (c)(1).

    Inserted: (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.

    Inserted: (c) Reports.--

    Inserted: (1) Required report.--Not later than April 1 of the third calendar year that begins after the date of enactment of this Act, and not later than April 1 of each calendar year thereafter, subject to paragraph (3), an entity described in subsection (a) shall submit to each appropriate designated agency a report that describes, for the preceding calendar year, the entity-wide greenhouse gas emissions (as reported at the facility level), including--

    Inserted: (A) the total quantity of each greenhouse gas emitted, expressed in terms of mass and in terms of the quantity of carbon dioxide equivalent;

    Inserted: (B) an estimate of the greenhouse gas emissions from fossil fuel combusted by products manufactured and sold by the entity in the previous calendar year, determined over the average lifetime of those products; and

    Inserted: (C) such other categories of emissions as the designated agency determines in the regulations issued under section 1624(c)(1) may be practicable and useful for the purposes of this subtitle, such as--

    Inserted: (i) direct emissions from stationary sources;

    Inserted: (ii) indirect emissions from imported electricity, heat, and steam;

    Inserted: (iii) process and fugitive emissions; and

    Inserted: (iv) production or importation of greenhouse gases.

    Inserted: (2) Voluntary reporting.--An entity described in subsection (a) may (along with establishing a baseline and reporting reductions under this section)--

    Inserted: (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

    Inserted: (B) submit to any designated agency, for inclusion in the registry, information that has been verified in accordance with regulations issued under section 1624(c)(1) and that relates to--

    Inserted: (i) with respect to the calendar year preceding the calendar year in which the information is submitted, and with respect to any greenhouse gas emitted by the entity--

    Inserted: (I) project reductions from facilities owned or controlled by the reporting entity in the United States;

    Inserted: (II) transfers of project reductions to and from any other entity;

    Inserted: (III) project reductions and transfers of project reductions outside the United States;

    Inserted: (IV) other indirect emissions that are not required to be reported under paragraph (1); and

    Inserted: (V) product use phase emissions;

    Inserted: (ii) with respect to greenhouse gas emission reduction activities of the entity that have been carried out during or after 1990, verified in accordance with regulations issued under section 1624(c)(1), and submitted to 1 or more designated agencies before the date that is 4 years after the date of enactment of this Act, any greenhouse gas emission reductions that have been reported or submitted by an entity under--

    Inserted: (I) section 1605(b) of the Energy Policy Act of 1992 (42 U.S.C. 13385(b)); or

    Inserted: (II) any other Federal or State voluntary greenhouse gas reduction program; and

    Inserted: (iii) any project or activity for the reduction of greenhouse gas emissions or sequestration of a greenhouse gas that is carried out by the entity, including a project or activity relating to--

    Inserted: (I) fuel switching;

    Inserted: (II) energy efficiency improvements;

    Inserted: (III) use of renewable energy;

    Inserted: (IV) use of combined heat and power systems;

    Inserted: (V) management of cropland, grassland, or grazing land;

    Inserted: (VI) a forestry activity that increases forest carbon stocks or reduces forest carbon emissions;

    Inserted: (VII) carbon capture and storage;

    Inserted: (VIII) methane recovery;

    Inserted: (IX) greenhouse gas offset investment; and

    Inserted: (X) any other practice for achieving greenhouse gas reductions as recognized by 1 or more designated agencies.

    Inserted: (3) Exemptions from reporting.--

    Inserted: (A) In general.--If the Director of the Office of National Climate Change Policy determines under section 1628(b) that the reporting requirements under paragraph (1) shall apply to all entities (other than entities exempted by this paragraph), regardless of participation or nonparticipation in the registry, an entity shall be required to submit reports under paragraph (1) only if, in any calendar year after the date of enactment of this Act--

    Inserted: (i) the total greenhouse gas emissions of at least 1 facility owned by the entity exceeds 10,000 metric tons of carbon dioxide equivalent (or such greater quantity as may be established by a designated agency by regulation); or

    Inserted: (ii)(I) the total quantity of greenhouse gases produced, distributed, or imported by the entity exceeds 10,000 metric tons of carbon dioxide equivalent (or such greater quantity as may be established by a designated agency by regulation); and

    Inserted: (II) the entity is not a feedlot or other farming operation (as defined in section 101 of title 11, United States Code).

    Inserted: (B) Entities already reporting.--

    Inserted: (i) In general.--An entity that, as of the date of enactment of this Act, is required to report carbon dioxide emissions data to a Federal agency shall not be required to re-report that data for the purposes of this subtitle.

    Inserted: (ii) Review of participation.--For the purpose of section 1628, emissions reported under clause (i) shall be considered to be reported by the entity to the registry.

    Inserted: (4) Provision of verification information by reporting entities.--Each entity that submits a report under this subsection shall provide information sufficient for each designated agency to which the report is submitted to verify, in accordance with measurement and verification methods and standards developed under section 1626, that the greenhouse gas report of the reporting entity--

    Inserted: (A) has been accurately reported; and

    Inserted: (B) in the case of each voluntary report under paragraph (2), represents--

    Inserted: (i) actual reductions in direct greenhouse gas emissions--

    Inserted: (I) relative to historic emission levels of the entity; and

    Inserted: (II) net of any increases in--

    Inserted: (aa) direct emissions; and

    Inserted: (bb) indirect emissions described in paragraph (1)(C)(ii); or

    Inserted: (ii) actual increases in net sequestration.

    Inserted: (5) 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 including emission reductions reported to the registry in the calculation of the baseline of the entity in future years.

    Inserted: (6) Independent third-party verification.--To meet the requirements of this section and section 1626, a entity that is required to submit a report under this section may--

    Inserted: (A) obtain independent third-party verification; and

    Inserted: (B) present the results of the third-party verification to each appropriate designated agency.

    Inserted: (7) Availability of data.--

    Inserted: (A) In general.--The designated agencies shall ensure, to the maximum extent practicable, that information in the database is--

    Inserted: (i) published;

    Inserted: (ii) accessible to the public; and

    Inserted: (iii) made available in electronic format on the Internet.

    Inserted: (B) Exception.--Subparagraph (A) shall not apply in any case in which the designated agencies determine that publishing or otherwise making available information described in that subparagraph poses a risk to national security.

    Inserted: (8) Data infrastructure.--The designated agencies 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.

    Inserted: (9) Additional issues to be considered.--In promulgating the regulations under section 1624(c)(1) and implementing the database, the designated agencies shall take into consideration a broad range of issues involved in establishing an effective database, including--

    Inserted: (A) the appropriate units for reporting each greenhouse gas;

    Inserted: (B) the data and information systems and measures necessary to identify, track, and verify greenhouse gas emission reductions in a manner that will encourage the development of private sector trading and exchanges;

    Inserted: (C) the greenhouse gas reduction and sequestration methods and standards applied in other countries, as applicable or relevant;

    Inserted: (D) the extent to which available fossil fuels, greenhouse gas emissions, and greenhouse gas production and importation data are adequate to implement the database;

    Inserted: (E) 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 registry; and

    Inserted: (F) the need of the registry to maintain valid and reliable information on baselines of entities so that, in the event of any future action by Congress to require entities, individually or collectively, to reduce greenhouse gas emissions, Congress will be able--

    Inserted: (i) to take into account that information; and

    Inserted: (ii) to avoid enacting legislation that penalizes entities for achieving and reporting reductions.

    Inserted: (d) Annual Report.--The designated agencies shall jointly publish an annual report that--

    Inserted: (1) describes the total greenhouse gas emissions and emission reductions reported to the database during the year covered by the report;

    Inserted: (2) provides entity-by-entity and sector-by-sector analyses of the emissions and emission reductions reported;

    Inserted: (3) describes the atmospheric concentrations of greenhouse gases; and

    Inserted: (4) provides a comparison of current and past atmospheric concentrations of greenhouse gases.

    Inserted: SEC. 1626. MEASUREMENT AND VERIFICATION.

    Inserted: (a) Standards.--

    Inserted: (1) In general.--Not later than 1 year after the date of enactment of this Act, the designated agencies shall jointly develop 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.

    Inserted: (2) Requirements.--The methods and standards developed under paragraph (1) shall address the need for--

    Inserted: (A) standardized measurement and verification practices for reports made by all entities participating in the registry, taking into account--

    Inserted: (i) protocols and standards in use by entities desiring to participate in the registry as of the date of development of the methods and standards under paragraph (1);

    Inserted: (ii) boundary issues, such as leakage and shifted use;

    Inserted: (iii) avoidance of double counting of greenhouse gas emissions and emission reductions; and

    Inserted: (iv) such other factors as the designated agencies determine to be appropriate;

    Inserted: (B) measurement and verification of actions taken to reduce, avoid, or sequester greenhouse gas emissions;

    Inserted: (C) in coordination with the Secretary of Agriculture, measurement of the results of the use of carbon sequestration and carbon recapture technologies, including--

    Inserted: (i) organic soil carbon sequestration practices; and

    Inserted: (ii) forest preservation and reforestation activities that adequately address the issues of permanence, leakage, and verification;

    Inserted: (D) such other measurement and verification standards as the Secretary of Commerce, the Secretary of Agriculture, the Administrator, and the Secretary determine to be appropriate; and

    Inserted: (E) other factors that, as determined by the designated agencies, will allow entities to adequately establish a fair and reliable measurement and reporting system.

    Inserted: (b) Review and Revision.--The designated agencies shall periodically review, and revise as necessary, the methods and standards developed under subsection (a).

    Inserted: (c) Public Participation.--The Secretary of Commerce shall--

    Inserted: (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

    Inserted: (2) after the 90-day period referred to in paragraph (1), in coordination with the Secretary, the Secretary of Agriculture, and the Administrator, adopt the methods and standards developed under subsection (a) for use in implementing the database.

    Inserted: (d) Experts and Consultants.--

    Inserted: (1) In general.--The designated agencies 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.

    Inserted: (2) Available arrangements.--In obtaining any service described in paragraph (1), the designated agencies may use any available grant, contract, cooperative agreement, or other arrangement authorized by law.

    Inserted: SEC. 1627. INDEPENDENT REVIEWS.

    Inserted: (a) In General.--Not later than 5 years after the date of enactment of this Act, and every 3 years thereafter, the Comptroller General of the United States shall submit to Congress a report that--

    Inserted: (1) describes the efficacy of the implementation and operation of the database; and

    Inserted: (2) includes any recommendations for improvements to this subtitle and programs carried out under this subtitle--

    Inserted: (A) to achieve a consistent and technically accurate record of greenhouse gas emissions, emission reductions, and atmospheric concentrations; and

    Inserted: (B) to achieve the purposes of this subtitle.

    Inserted: (b) Review of Scientific Methods.--The designated agencies shall enter into an agreement with the National Academy of Sciences under which the National Academy of Sciences shall--

    Inserted: (1) review the scientific methods and standards used by the designated agencies in implementing this subtitle;

    Inserted: (2) not later than 4 years after the date of enactment of this Act, submit to Congress a report that describes any recommendations for improving--

    Inserted: (A) those methods and standards; and

    Inserted: (B) related elements of the programs, and structure of the database, established by this subtitle; and

    Inserted: (3) regularly review and update as appropriate the list of anthropogenic climate-forcing emissions with significant global warming potential described in section 1622(8)(G).

    Inserted: SEC. 1628. REVIEW OF PARTICIPATION.

    Inserted: (a) In General.--Not later than 5 years after the date of enactment of this Act, the Director of the Office of National Climate Change Policy shall determine whether the reports submitted to the registry under section 1625(c)(1) represent less than 60 percent of the national aggregate anthropogenic greenhouse gas emissions.

    Inserted: (b) Increased Applicability of Requirements.--If the Director of the Office of National Climate Change Policy determines under subsection (a) that less than 60 percent of the aggregate national anthropogenic greenhouse gas emissions are being reported to the registry--

    Inserted: (1) the reporting requirements under section 1625(c)(1) shall apply to all entities (except entities exempted under section 1625(c)(3)), regardless of any participation or nonparticipation by the entities in the registry; and

    Inserted: (2) each entity shall submit a report described in section 1625(c)(1)--

    Inserted: (A) not later than the earlier of--

    Inserted: (i) April 30 of the calendar year immediately following the year in which the Director of the Office of National Climate Change Policy makes the determination under subsection (a); or

    Inserted: (ii) the date that is 1 year after the date on which the Director of the Office of National Climate Change Policy makes the determination under subsection (a); and

    Inserted: (B) annually thereafter.

    Inserted: (c) Resolution of Disapproval.--For the purposes of this section, the determination of the Director of the Office of National Climate Change Policy under subsection (a) shall be considered to be a major rule (as defined in section 804(2) of title 5, United States Code) subject to the congressional disapproval procedure under section 802 of title 5, United States Code.

    Inserted: SEC. 1629. ENFORCEMENT.

    Inserted: If an entity that is required to report greenhouse gas emissions under section 1625(c)(1) or 1628 fails to comply with that requirement, the Attorney General may, at the request of the designated agencies, bring a civil action in United States district court against the entity to impose on the entity a civil penalty of not more than $25,000 for each day for which the entity fails to comply with that requirement.

    Inserted: SEC. 1630. REPORT ON STATUTORY CHANGES AND HARMONIZATION.

    Inserted: Not later than 3 years after the date of enactment of this Act, the President shall submit to Congress a report that describes any modifications to this subtitle or any other provision of law that are necessary to improve the accuracy or operation of the database and related programs under this subtitle.

    Inserted: SEC. 1631. AUTHORIZATION OF APPROPRIATIONS.

    Inserted: There are authorized to be appropriated such sums as are necessary to carry out this subtitle.

    Original wording

    At the end of title XVI, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 918. Mr. CORZINE submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

At the end of title XVI, add the following:

Subtitle C--National Greenhouse Gas Database SEC. 1621. PURPOSE.

The purpose of this subtitle is to establish a greenhouse gas inventory, reductions registry, and information system that--

(1) are complete, consistent, transparent, and accurate;

(2) will create reliable and accurate data that can be used by public and private entities to design efficient and effective greenhouse gas emission reduction strategies; and

(3) will acknowledge and encourage greenhouse gas emission reductions.

SEC. 1622. DEFINITIONS.

In this subtitle:

(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 designated agency to reflect actual reductions that are verified in accordance with--

(A) regulations issued under section 1624(c)(1); and

(B) relevant standards and methods developed under this subtitle.

(3) Database.--The term “database” means the National Greenhouse Gas Database established under section 1624.

(4) Designated agency.--The term “designated agency” means a department or agency to which responsibility for a function or program is assigned under the memorandum of agreement entered into under section 1623(a).

(5) Direct emissions.--The term “direct emissions” means greenhouse gas emissions by an entity from a facility that is owned or controlled by that entity.

(6) Entity.--The term “entity” means--

(A) a person located in the United States; or

(B) a public or private entity, to the extent that the entity operates in the United States.

(7) Facility.--The term “facility” means--

(A) all buildings, structures, or installations located on any 1 or more contiguous or adjacent properties of an entity in the United States; and

(B) a fleet of 20 or more motor vehicles under the common control of an entity.

(8) Greenhouse gas.--The term “greenhouse gas” means--

(A) carbon dioxide;

(B) methane;

(C) nitrous oxide;

(D) hydrofluorocarbons;

(E) perfluorocarbons;

(F) sulfur hexafluoride; and

(G) any other anthropogenic, climate-forcing emission with significant ascertainable global warming potential, as--

(i) recommended by the National Academy of Sciences under section 1627(b)(3); and

(ii) determined in regulations issued under section 1624(c)(1) (or revisions to the regulations) to be appropriate and practicable for coverage under this subtitle.

(9) Indirect emissions.--The term “indirect emissions” means greenhouse gas emissions that--

(A) are a result of the activities of an entity; but

(B)(i) are emitted from a facility owned or controlled by another entity; and

(ii) are not reported as direct emissions by the entity the activities of which resulted in the emissions.

(10) Registry.--The term “registry” means the registry of greenhouse gas emission reductions established as a component of the database under section 1624(b)(2).

(11) 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) soil carbon sequestration;

(ii) agricultural and conservation practices;

(iii) reforestation;

(iv) forest preservation;

(v) maintenance of an underground reservoir; and

(vi) any other appropriate biological or geological method of capture, isolation, or removal of greenhouse gases from the atmosphere, as determined by the Administrator.

SEC. 1623. ESTABLISHMENT OF MEMORANDUM OF AGREEMENT.

(a) In General.--Not later than 1 year after the date of enactment of this Act, the President, acting through the Director of the Office of National Climate Change Policy, shall direct the Secretary, the Secretary of Commerce, the Secretary of Agriculture, the Secretary of Transportation, and the Administrator to enter into a memorandum of agreement under which those heads of Federal agencies will--

(1) recognize and maintain statutory and regulatory authorities, functions, and programs that--

(A) are established as of the date of enactment of this Act under other law;

(B) provide for the collection of data relating to greenhouse gas emissions and effects; and

(C) are necessary for the operation of the database;

(2)(A) distribute additional responsibilities and activities identified under this subtitle to Federal departments or agencies in accordance with the missions and expertise of those departments and agencies; and

(B) maximize the use of available resources of those departments and agencies; and

(3) provide for the comprehensive collection and analysis of data on greenhouse gas emissions relating to product use (including the use of fossil fuels and energy-consuming appliances and vehicles).

(b) Minimum Requirements.--The memorandum of agreement entered into under subsection (a) shall, at a minimum, retain the following functions for the designated agencies:

(1) Department of energy.--The Secretary shall be primarily responsible for developing, maintaining, and verifying the registry and the emission reductions reported under section 1605(b) of the Energy Policy Act of 1992 (42 U.S.C. 13385(b)).

(2) Department of commerce.--The Secretary of Commerce shall be primarily responsible for the development of--

(A) measurement standards for the monitoring of emissions; and

(B) verification technologies and methods to ensure the maintenance of a consistent and technically accurate record of emissions, emission reductions, and atmospheric concentrations of greenhouse gases for the database.

(3) Environmental protection agency.--The Administrator shall be primarily responsible for--

(A) emissions monitoring, measurement, verification, and data collection under this subtitle and title IV (relating to acid deposition control) and title VIII of the Clean Air Act (42 U.S.C. 7651 et seq.), including mobile source emissions information from implementation of the corporate average fuel economy program under chapter 329 of title 49, United States Code; and

(B) responsibilities of the Environmental Protection Agency relating to completion of the national inventory for compliance with the United Nations Framework Convention on Climate Change, done at New York on May 9, 1992.

(4) Department of agriculture.--The Secretary of Agriculture shall be primarily responsible for--

(A) developing measurement techniques for--

(i) soil carbon sequestration; and

(ii) forest preservation and reforestation activities; and

(B) providing technical advice relating to biological carbon sequestration measurement and verification standards for measuring greenhouse gas emission reductions or offsets.

(c) Draft Memorandum of Agreement.--Not later than 15 months after the date of enactment of this Act, the President, acting through the Director of the Office of National Climate Change Policy, shall publish in the Federal Register, and solicit comments on, a draft version of the memorandum of agreement described in subsection (a).

(d) No Judicial Review.--The final version of the memorandum of agreement shall not be subject to judicial review.

SEC. 1624. NATIONAL GREENHOUSE GAS DATABASE.

(a) Establishment.--As soon as practicable after the date of enactment of this Act, the designated agencies, in consultation with the private sector and nongovernmental organizations, shall jointly 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.

(c) Comprehensive System.--

(1) In general.--Not later than 2 years after the date of enactment of this Act, the designated agencies shall jointly promulgate regulations to implement a comprehensive system for greenhouse gas emissions reporting, inventorying, and reductions registration.

(2) Requirements.--The designated agencies 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 issued under paragraph (1) establish procedures and protocols necessary--

(i) to prevent the reporting of some or all of the same greenhouse gas emissions or emission reductions 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; and

(v) to account for changes in registration of ownership of emission reductions resulting from a voluntary private transaction between reporting entities.

(3) Baseline identification and protection.--Through regulations issued under paragraph (1), the designated agencies shall develop and implement a system that provides--

(A) for the provision of unique serial numbers to identify the verified emission reductions made by an entity relative to the baseline of the entity;

(B) for the tracking of the reductions associated with the serial numbers; and

(C) that the reductions may be applied, as determined to be appropriate by any Act of Congress enacted after the date of enactment of this Act, toward a Federal requirement under such an Act that is imposed on the entity for the purpose of reducing greenhouse gas emissions.

SEC. 1625. GREENHOUSE GAS REDUCTION REPORTING.

(a) In General.--An entity that participates in the registry shall meet the requirements described in subsection (b).

(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 (including all of the entity's greenhouse gas emissions on an entity-wide basis); 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 April 1 of the third calendar year that begins after the date of enactment of this Act, and not later than April 1 of each calendar year thereafter, subject to paragraph (3), an entity described in subsection (a) shall submit to each appropriate designated agency a report that describes, for the preceding calendar year, the entity-wide greenhouse gas emissions (as reported at the facility level), including--

(A) the total quantity of each greenhouse gas emitted, expressed in terms of mass and in terms of the quantity of carbon dioxide equivalent;

(B) an estimate of the greenhouse gas emissions from fossil fuel combusted by products manufactured and sold by the entity in the previous calendar year, determined over the average lifetime of those products; and

(C) such other categories of emissions as the designated agency determines in the regulations issued under section 1624(c)(1) may be practicable and useful for the purposes of this subtitle, such as--

(i) direct emissions from stationary sources;

(ii) indirect emissions from imported electricity, heat, and steam;

(iii) process and fugitive emissions; and

(iv) production or importation of greenhouse gases.

(2) Voluntary reporting.--An entity described in subsection (a) may (along with establishing a baseline and reporting reductions 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

(B) submit to any designated agency, for inclusion in the registry, information that has been verified in accordance with regulations issued under section 1624(c)(1) and that relates to--

(i) with respect to the calendar year preceding the calendar year in which the information is submitted, and with respect to any greenhouse gas emitted by the entity--

(I) project reductions from facilities owned or controlled by the reporting entity in the United States;

(II) transfers of project reductions to and from any other entity;

(III) project reductions and transfers of project reductions outside the United States;

(IV) other indirect emissions that are not required to be reported under paragraph (1); and

(V) product use phase emissions;

(ii) with respect to greenhouse gas emission reduction activities of the entity that have been carried out during or after 1990, verified in accordance with regulations issued under section 1624(c)(1), and submitted to 1 or more designated agencies before the date that is 4 years after the date of enactment of this Act, any greenhouse gas emission reductions that have been reported or submitted by an entity under--

(I) section 1605(b) of the Energy Policy Act of 1992 (42 U.S.C. 13385(b)); or

(II) any other Federal or State voluntary greenhouse gas reduction program; and

(iii) any project or activity for the reduction of greenhouse gas emissions or sequestration of a greenhouse gas that is carried out by the entity, including a project or activity relating to--

(I) fuel switching;

(II) energy efficiency improvements;

(III) use of renewable energy;

(IV) use of combined heat and power systems;

(V) management of cropland, grassland, or grazing land;

(VI) a forestry activity that increases forest carbon stocks or reduces forest carbon emissions;

(VII) carbon capture and storage;

(VIII) methane recovery;

(IX) greenhouse gas offset investment; and

(X) any other practice for achieving greenhouse gas reductions as recognized by 1 or more designated agencies.

(3) Exemptions from reporting.--

(A) In general.--If the Director of the Office of National Climate Change Policy determines under section 1628(b) that the reporting requirements under paragraph (1) shall apply to all entities (other than entities exempted by this paragraph), regardless of participation or nonparticipation in the registry, an entity shall be required to submit reports under paragraph (1) only if, in any calendar year after the date of enactment of this Act--

(i) the total greenhouse gas emissions of at least 1 facility owned by the entity exceeds 10,000 metric tons of carbon dioxide equivalent (or such greater quantity as may be established by a designated agency by regulation); or

(ii)(I) the total quantity of greenhouse gases produced, distributed, or imported by the entity exceeds 10,000 metric tons of carbon dioxide equivalent (or such greater quantity as may be established by a designated agency by regulation); and

(II) the entity is not a feedlot or other farming operation (as defined in section 101 of title 11, United States Code).

(B) Entities already reporting.--

(i) In general.--An entity that, as of the date of enactment of this Act, is required to report carbon dioxide emissions data to a Federal agency shall not be required to re-report that data for the purposes of this subtitle.

(ii) Review of participation.--For the purpose of section 1628, emissions reported under clause (i) shall be considered to be reported by the entity to the registry.

(4) Provision of verification information by reporting entities.--Each entity that submits a report under this subsection shall provide information sufficient for each designated agency to which the report is submitted to verify, in accordance with measurement and verification methods and standards developed under section 1626, 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) net of any increases in--

(aa) direct emissions; and

(bb) indirect emissions described in paragraph (1)(C)(ii); or

(ii) actual increases in net sequestration.

(5) 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 including emission reductions reported to the registry in the calculation of the baseline of the entity in future years.

(6) Independent third-party verification.--To meet the requirements of this section and section 1626, a 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 each appropriate designated agency.

(7) Availability of data.--

(A) In general.--The designated agencies shall ensure, to the maximum extent practicable, that information in the database is--

(i) published;

(ii) accessible to the public; and

(iii) made available in electronic format on the Internet.

(B) Exception.--Subparagraph (A) shall not apply in any case in which the designated agencies determine that publishing or otherwise making available information described in that subparagraph poses a risk to national security.

(8) Data infrastructure.--The designated agencies 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.

(9) Additional issues to be considered.--In promulgating the regulations under section 1624(c)(1) and implementing the database, the designated agencies shall take into consideration a broad range of issues involved in establishing an effective database, including--

(A) the appropriate units for reporting each greenhouse gas;

(B) the data and information systems and measures necessary to identify, track, and verify greenhouse gas emission reductions in a manner that will encourage the development of private sector trading and exchanges;

(C) the greenhouse gas reduction and sequestration methods and standards applied in other countries, as applicable or relevant;

(D) the extent to which available fossil fuels, greenhouse gas emissions, and greenhouse gas production and importation data are adequate to implement the database;

(E) 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 registry; and

(F) the need of the registry to maintain valid and reliable information on baselines of entities so that, in the event of any future action by Congress to require entities, individually or collectively, to reduce greenhouse gas emissions, Congress will be able--

(i) to take into account that information; and

(ii) to avoid enacting legislation that penalizes entities for achieving and reporting reductions.

(d) Annual Report.--The designated agencies shall jointly 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; and

(4) provides a comparison of current and past atmospheric concentrations of greenhouse gases.

SEC. 1626. MEASUREMENT AND VERIFICATION.

(a) Standards.--

(1) In general.--Not later than 1 year after the date of enactment of this Act, the designated agencies shall jointly develop 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 developed under paragraph (1) shall address the need for--

(A) 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 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 and shifted use;

(iii) avoidance of double counting of greenhouse gas emissions and emission reductions; and

(iv) such other factors as the designated agencies determine to be appropriate;

(B) measurement and verification of actions taken to reduce, avoid, or sequester greenhouse gas emissions;

(C) in coordination with the Secretary of Agriculture, measurement of the results of the use of carbon sequestration and carbon recapture technologies, including--

(i) organic soil carbon sequestration practices; and

(ii) forest preservation and reforestation activities that adequately address the issues of permanence, leakage, and verification;

(D) such other measurement and verification standards as the Secretary of Commerce, the Secretary of Agriculture, the Administrator, and the Secretary determine to be appropriate; and

(E) other factors that, as determined by the designated agencies, will allow entities to adequately establish a fair and reliable measurement and reporting system.

(b) Review and Revision.--The designated agencies shall periodically review, and revise as necessary, the methods and standards developed under subsection (a).

(c) Public Participation.--The Secretary of Commerce 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, the Secretary of Agriculture, and the Administrator, adopt the methods and standards developed under subsection (a) for use in implementing the database.

(d) Experts and Consultants.--

(1) In general.--The designated agencies 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 designated agencies may use any available grant, contract, cooperative agreement, or other arrangement authorized by law.

SEC. 1627. INDEPENDENT REVIEWS.

(a) In General.--Not later than 5 years after the date of enactment of this Act, and every 3 years thereafter, the Comptroller General of the United States shall submit to Congress a report that--

(1) describes the efficacy of the implementation and operation of the database; and

(2) includes any recommendations for improvements to this subtitle and programs carried out under this subtitle--

(A) to achieve a consistent and technically accurate record of greenhouse gas emissions, emission reductions, and atmospheric concentrations; and

(B) to achieve the purposes of this subtitle.

(b) Review of Scientific Methods.--The designated agencies shall enter into an agreement with the National Academy of Sciences under which the National Academy of Sciences shall--

(1) review the scientific methods and standards used by the designated agencies in implementing this subtitle;

(2) not later than 4 years after the date of enactment of this Act, submit to Congress a report that describes any recommendations for improving--

(A) those methods and standards; and

(B) related elements of the programs, and structure of the database, established by this subtitle; and

(3) regularly review and update as appropriate the list of anthropogenic climate-forcing emissions with significant global warming potential described in section 1622(8)(G).

SEC. 1628. REVIEW OF PARTICIPATION.

(a) In General.--Not later than 5 years after the date of enactment of this Act, the Director of the Office of National Climate Change Policy shall determine whether the reports submitted to the registry under section 1625(c)(1) represent less than 60 percent of the national aggregate anthropogenic greenhouse gas emissions.

(b) Increased Applicability of Requirements.--If the Director of the Office of National Climate Change Policy determines under subsection (a) that less than 60 percent of the aggregate national anthropogenic greenhouse gas emissions are being reported to the registry--

(1) the reporting requirements under section 1625(c)(1) shall apply to all entities (except entities exempted under section 1625(c)(3)), regardless of any participation or nonparticipation by the entities in the registry; and

(2) each entity shall submit a report described in section 1625(c)(1)--

(A) not later than the earlier of--

(i) April 30 of the calendar year immediately following the year in which the Director of the Office of National Climate Change Policy makes the determination under subsection (a); or

(ii) the date that is 1 year after the date on which the Director of the Office of National Climate Change Policy makes the determination under subsection (a); and

(B) annually thereafter.

(c) Resolution of Disapproval.--For the purposes of this section, the determination of the Director of the Office of National Climate Change Policy under subsection (a) shall be considered to be a major rule (as defined in section 804(2) of title 5, United States Code) subject to the congressional disapproval procedure under section 802 of title 5, United States Code.

SEC. 1629. ENFORCEMENT.

If an entity that is required to report greenhouse gas emissions under section 1625(c)(1) or 1628 fails to comply with that requirement, the Attorney General may, at the request of the designated agencies, bring a civil action in United States district court against the entity to impose on the entity a civil penalty of not more than $25,000 for each day for which the entity fails to comply with that requirement.

SEC. 1630. REPORT ON STATUTORY CHANGES AND HARMONIZATION.

Not later than 3 years after the date of enactment of this Act, the President shall submit to Congress a report that describes any modifications to this subtitle or any other provision of law that are necessary to improve the accuracy or operation of the database and related programs under this subtitle.

SEC. 1631. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary to carry out this subtitle.

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Senate amendment submitted

June 22, 2005