To suspend, for 2 years, any Environmental Protection Agency enforcement of greenhouse gas regulations, to exempt American agriculture from greenhouse gas regulations, and to increase the number of companies eligible to participate in the successful Advanced Energy Manufacturing Tax Credit Program.

SA 277. Ms. STABENOW (for herself and Mr. Brown of Ohio) submitted an
amendment intended to be proposed by her to the bill S. 493, to
reauthorize and improve the SBIR and STTR programs, and for other
purposes; which was ordered to lie on the table; as follows:

On page 116, after line 24, add the following:

SEC. 504. SUSPENSION OF STATIONARY SOURCE GREENHOUSE GAS
REGULATIONS.

(a) Defined Term.--In this section, the term ``greenhouse
gas'' means--
(1) water vapor;
(2) carbon dioxide;
(3) methane;
(4) nitrous oxide;
(5) sulfur hexafluoride;
(6) hydrofluorocarbons;
(7) perfluorocarbons; and
(8) any other substance subject to, or proposed to be
subject to, any regulation, action, or consideration under
the Clean Air Act (42 U.S.C. 7401 et seq.) to address climate
change.
(b) In General.--Except as provided in subsection (d), and
notwithstanding any provision of the Clean Air Act (42 U.S.C.
7401 et seq.), any requirement, restriction, or limitation
under such Act relating to a greenhouse gas that is designed
to address climate change, including any permitting
requirement or requirement under section 111 of such Act (42
U.S.C. 7411), for any source other than a new motor vehicle
or a new motor vehicle engine (as described in section 202(a)
of such Act (42 U.S.C. 7521(a)), shall not be legally
effective during the 2-year period beginning on the date of
the enactment of this Act.
(c) Treatment.--Notwithstanding any other provision of law,
any action by the Administrator of the Environmental
Protection Agency before the end of the 2-year period
described in subsection (b) that causes greenhouse gases to
be pollutants subject to regulation under the Clean Air Act
(42 U.S.C. 7401 et seq.), except for purposes other than
addressing climate change, shall not be legally effective
with respect to any source other than a new motor vehicle or
a new motor vehicle engine (as described in section 202 of
such Act).
(d) Exceptions.--Subsections (b) and (c) shall not apply
to--
(1) the implementation and enforcement of the rule entitled
``Light-Duty Vehicle Greenhouse Gas Emission Standards and
Corporate Average Fuel Economy Standards'' (75 Fed. Reg.
25324 (May 7, 2010) and without further revision);
(2) the finalization, implementation, enforcement, and
revision of the proposed rule entitled ``Greenhouse Gas
Emissions Standards and Fuel Efficiency Standards for Medium-
and Heavy-Duty Engines and Vehicles'' published at 75 Fed.
Reg. 74152 (November 30, 2010);
(3) any action relating to the preparation of a report or
the enforcement of a reporting requirement; or
(4) any action relating to the provision of technical
support at the request of a State.

SEC. 505. GREENHOUSE GAS EMISSIONS FROM AGRICULTURAL SOURCES.

In calculating the emissions or potential emissions of a
source or facility, emissions of greenhouse gases that are
subject to regulation under title III of the Clean Air Act
(42 U.S.C. 7601 et seq.) solely on the basis of the effect of
the gases on global climate change shall be excluded if the
emissions are from--
(1) changes in land use;
(2) the growing of commodities, biomass, fruits,
vegetables, or other crops;
(3) the raising of stock, dairy, poultry, or fur-bearing
animals; or
(4) farms, forests, plantations, ranches, nurseries,
ranges, orchards, greenhouses, or other similar structures
used primarily for the raising of agricultural or
horticultural commodities.

SEC. 506. EXTENSION OF THE ADVANCED ENERGY PROJECT CREDIT.

(a) In General.--Subsection (d) of section 48C of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(6) Additional 2011 allocations.--
``(A) In general.--Not later than 180 days after the date
of the enactment of this paragraph, the Secretary, in
consultation with the Secretary of Energy, shall establish a
program to consider and award certifications for qualified
investments eligible for credits under this section to
qualifying advanced energy project sponsors with respect to
applications received on or after the date of the enactment
of this paragraph.
``(B) Limitation.--The total amount of credits that may be
allocated under the program described in subparagraph (A)
shall not

[[Page S1999]]

exceed the 2011 allocation amount reduced by so much of the
2011 allocation amount as is taken into account as an
increase in the limitation described in paragraph (1)(B).
``(C) Application of certain rules.--Rules similar to the
rules of paragraphs (2), (3), (4), and (5) shall apply for
purposes of the program described in subparagraph (A), except
that--
``(i) Certification.--Applicants shall have 2 years from
the date that the Secretary establishes such program to
submit applications.
``(ii) Selection criteria.--For purposes of paragraph
(3)(B)(i), the term `domestic job creation (both direct and
indirect)' means the creation of direct jobs in the United
States producing the property manufactured at the
manufacturing facility described under subsection
(c)(1)(A)(i), and the creation of indirect jobs in the
manufacturing supply chain for such property in the United
States.
``(iii) Review and redistribution.--The Secretary shall
conduct a separate review and redistribution under paragraph
(5) with respect to such program not later than 4 years after
the date of the enactment of this paragraph.
``(D) 2011 allocation amount.--For purposes of this
subsection, the term `2011 allocation amount' means
$5,000,000,000.
``(E) Direct payments.--In lieu of any qualifying advanced
energy project credit which would otherwise be determined
under this section with respect to an allocation to a
taxpayer under this paragraph, the Secretary shall, upon the
election of the taxpayer, make a grant to the taxpayer in the
amount of such credit as so determined. Rules similar to the
rules of section 50 shall apply with respect to any grant
made under this subparagraph.''.
(b) Portion of 2011 Allocation Allocated Toward Pending
Applications Under Original Program.--Subparagraph (B) of
section 48C(d)(1) of such Code is amended by inserting
``(increased by so much of the 2011 allocation amount (not in
excess of $1,500,000,000) as the Secretary determines
necessary to make allocations to qualified investments with
respect to which qualifying applications were submitted
before the date of the enactment of paragraph (6))'' after
``$2,300,000,000''.
(c) Conforming Amendment.--Paragraph (2) of section 1324(b)
of title 31, United States Code, is amended by inserting
``48C(d)(6)(E),'' after ``36C,''.

____________________