S.Amdt. 4926
What it does: Adds SEC. 543. INTERNATIONAL COMPETITIVENESS ALLOWANCE PROGRAM on page 192, between lines 9 and 10
Sen. Mary L. Landrieu (D-LA)What it changes
1 change to S. 3036
Adds SEC. 543. INTERNATIONAL COMPETITIVENESS ALLOWANCE PROGRAM on page 192, between lines 9 and 10
Adds a sectionPrinted pageInserted: SEC. 543. INTERNATIONAL COMPETITIVENESS ALLOWANCE PROGRAM.
Inserted: (a) Definitions.--In this section:
Inserted: (1) Eligible manufacturing facility.--
Inserted: (A) In general.--The term "eligible manufacturing facility" means a manufacturing facility located in the United States that principally manufactures iron, steel, pulp, paper, cement, rubber, chemicals, fertilizer, glass, ceramics, sulfur hexafluoride, or aluminum and other nonferrous metals.
Inserted: (B) Exclusion.--The term "eligible manufacturing facility" does not include a facility eligible to receive emission allowances under subtitle F or H.
Inserted: (2) International competitive allowance.--The term "international competitive allowance" means an allowance allocated pursuant to the International Competitiveness Allowance Program established under subsection (b).
Inserted: (3) Refiner of petroleum-based fuel.--The term "refiner of petroleum-based fuel" means an entity that manufactures in the United States petroleum-based liquid or gaseous fuel.
Inserted: (b) Establishment of Program.--
Inserted: (1) In general.--The Administrator shall establish a program, to be known as the "International Competitiveness Allowance Program", under which the Administrator may allocate international competitiveness allowances to owners and operators of eligible manufacturing facilities and refiners of petroleum-based fuel in the United States that, in addition to distributions of emission allowances under section 542, continue to be constrained or burdened by the requirements of this Act.
Inserted: (2) Denomination.--International competitiveness allowances shall be denominated in units of metric tons of carbon dioxide equivalent.
Inserted: (3) Consistency with other programs.--In establishing the International Competitiveness Allowance Program under paragraph (1), the Administrator shall ensure that the program is consistent with the other purposes and requirements of this Act.
Inserted: (c) Quantity for Allocation.--
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Inserted: (1) Regulations.--Not later than the earliest date on which the Administrator distributes allowances under any of titles V through XI, the Administrator shall establish, by regulation, a procedure for calculating, for each calendar year, the number of international competitiveness allowances to be allocated to each eligible manufacturing facility and refiner of petroleum-based fuel under the International Competitiveness Allowance Program, in accordance with paragraph (2).
Inserted: (2) Requirement.--To the maximum extent practicable, the Administrator shall ensure that the number of international competitiveness allowances allocated to an eligible manufacturing facility or refiner of petroleum-based fuel for a calendar year is sufficient to offset the additional adverse competitive impact the eligible manufacturing facility or refiner of petroleum-based fuel would experience in the absence of the International Competitiveness Allowance Program during that calendar year.
Inserted: (d) Source.--International competitiveness allowances shall be issued from a special reserve of allowances that is separate from, and established in addition to, the quantity of allowances established under section 201.
Inserted: (e) Trading System.--The Administrator may establish, by regulation, a system for the sale, exchange, purchase, transfer, and banking of international competitive allowances.
Inserted: (f) Termination.--The International Competitiveness Allowance Program shall terminate on the later of--
Inserted: (1) the date on which the Administrator determines that other measures have been implemented to address international competitiveness concerns resulting from this Act; and
Inserted: (2) January 1, 2014.
Original wording
On page 192, between lines 9 and 10, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 4926. Ms. LANDRIEU submitted an amendment intended to be proposed by her to the bill S. 3036, to direct the Administrator of the Environmental Protection Agency to establish a program to decrease emissions of greenhouse gases, and for other purposes; which was ordered to lie on the table; as follows:
On page 192, between lines 9 and 10, insert the following:
SEC. 543. INTERNATIONAL COMPETITIVENESS ALLOWANCE PROGRAM.
(a) Definitions.--In this section:
(1) Eligible manufacturing facility.--
(A) In general.--The term “eligible manufacturing facility” means a manufacturing facility located in the United States that principally manufactures iron, steel, pulp, paper, cement, rubber, chemicals, fertilizer, glass, ceramics, sulfur hexafluoride, or aluminum and other nonferrous metals.
(B) Exclusion.--The term “eligible manufacturing facility” does not include a facility eligible to receive emission allowances under subtitle F or H.
(2) International competitive allowance.--The term “international competitive allowance” means an allowance allocated pursuant to the International Competitiveness Allowance Program established under subsection (b).
(3) Refiner of petroleum-based fuel.--The term “refiner of petroleum-based fuel” means an entity that manufactures in the United States petroleum-based liquid or gaseous fuel.
(b) Establishment of Program.--
(1) In general.--The Administrator shall establish a program, to be known as the “International Competitiveness Allowance Program”, under which the Administrator may allocate international competitiveness allowances to owners and operators of eligible manufacturing facilities and refiners of petroleum-based fuel in the United States that, in addition to distributions of emission allowances under section 542, continue to be constrained or burdened by the requirements of this Act.
(2) Denomination.--International competitiveness allowances shall be denominated in units of metric tons of carbon dioxide equivalent.
(3) Consistency with other programs.--In establishing the International Competitiveness Allowance Program under paragraph (1), the Administrator shall ensure that the program is consistent with the other purposes and requirements of this Act.
(c) Quantity for Allocation.--
(1) Regulations.--Not later than the earliest date on which the Administrator distributes allowances under any of titles V through XI, the Administrator shall establish, by regulation, a procedure for calculating, for each calendar year, the number of international competitiveness allowances to be allocated to each eligible manufacturing facility and refiner of petroleum-based fuel under the International Competitiveness Allowance Program, in accordance with paragraph (2).
(2) Requirement.--To the maximum extent practicable, the Administrator shall ensure that the number of international competitiveness allowances allocated to an eligible manufacturing facility or refiner of petroleum-based fuel for a calendar year is sufficient to offset the additional adverse competitive impact the eligible manufacturing facility or refiner of petroleum-based fuel would experience in the absence of the International Competitiveness Allowance Program during that calendar year.
(d) Source.--International competitiveness allowances shall be issued from a special reserve of allowances that is separate from, and established in addition to, the quantity of allowances established under section 201.
(e) Trading System.--The Administrator may establish, by regulation, a system for the sale, exchange, purchase, transfer, and banking of international competitive allowances.
(f) Termination.--The International Competitiveness Allowance Program shall terminate on the later of--
(1) the date on which the Administrator determines that other measures have been implemented to address international competitiveness concerns resulting from this Act; and
(2) January 1, 2014.
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Senate amendment submitted
June 5, 2008