Climate Stewardship Act of 2005
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Read twice and referred to the Committee on Environment and Public Works.
February 10, 2005
View full timeline
Introduced in Senate
February 10, 2005
Sponsor introductory remarks on measure. (CR S1263-1267)
February 10, 2005
Read twice and referred to the Committee on Environment and Public Works.
February 10, 2005
Floor Debate
17 membersWhat members said about S. 342 on the floor




+12
Floor Debate
17 membersWhat members said about S. 342 on the floor
Mr. President, I am pleased to join with Senator Lieberman today in introducing an amended version of the Climate Stewardship Act, which we introduced in February. The legislation we submit today…
Mr. President, parliamentary inquiry: How much time do we have in opposition to the amendment? Thirty minutes. I yield to the distinguished junior Senator from Tennessee 7 minutes to start our…
Mr. President, I am pleased today to be joined with Senator Lieberman in introducing the Climate Stewardship Act of 2005. This bill is nearly identical to a proposal we offered during the 108th…
Mr. President, I am pleased today to be joined with Senator Lieberman in introducing the Climate Stewardship Act of 2005. This bill is nearly identical to a proposal we offered during the 108th…
Mr. President, hate crimes are a violation of everything our country stands for. They send the poisonous message that some Americans deserve to be victimized solely because of who they are. They're…
Show 8 more
Mr. President, I rise today to introduce the Coastal Zone Enhancement Reauthorization Act of 2005. I am pleased to have worked with my cosponsor, Senator Kerry, in developing this bill, which will…
Mr. President, I have introduced what I believe to be a very important piece of legislation that the Senate will consider this year, dealing with an issue that is certainly on the minds of many…
Mr. President, the recent shortage of H-2B nonimmigrant visas for ernporary or seasonal non-agricultural foreign workers is a matter of great concern to many small businesses in my home state of…
Mr. President, today I am introducing the Marine Debris Research and Reduction Act. From the shore, our oceans seem vast and limitless, but I fear that we often overlook the impacts our actions have…
Mr. President, I ask unanimous consent for 10 minutes from Senator Domenici's allocation. Mr. President, we have had quite a bit of discussion on climate change and whether it is due to manmade…
Mr. President, I will shortly offer an amendment to the Energy bill to provide relief for rural workers, some relief for rural workers from high gas prices. Before I do that, I thank Senators…
Mr. President, I call up amendment No. 841. I ask unanimous consent the reading of the amendment be dispensed with. Mr. President, I rise on behalf of Senators Snowe, Reed, Sessions, Kennedy,…
Mr. President, I rise today to continue the fight to right a wrong in America's visa program. I believe it's time for America to extend the Visa Waiver program to Poland. I'm pleased to have formed a…
Show 11 more
Madam President, I believe under the previous order, the Senate returns now to the amendment offered by the Senator from Arizona and myself; am I correct? I call for the regular order. Madam…
Mr. President, I am honored to rise with my friend and colleague from Arizona, Senator McCain, to introduce the Climate Stewardship Act. It is an urgent matter. I was thinking of one clause that I…
Mr. President, I am honored to rise with my friend and colleague from Arizona, Senator McCain, to introduce the Climate Stewardship Act. It is an urgent matter. I was thinking of one clause that I…
Mr. President, I come to the floor today to talk about the amendment offered by Senator McCain and Senator Lieberman. Climate change is happening. There is simply no question about that. It is time…
Mr. President, I rise today to introduce a bill, S. 1156, to extend and enhance a provision in the Internal Revenue Code that gives tax incentives for the production of electricity from renewable…
Mr. President, let me speak also in opposition to the Feinstein amendment. Federal jurisdiction over the siting of import and export terminals is constitutional, it is appropriate, it is a necessary…
Mr. President, today I am introducing a bill to honor Abraham Lincoln in 2009, the bicentennial of his birth, by issuing a series of 1-cent coins with designs on the reverse that are emblematic of…
Mr. President, I rise today to introduce the Medicare Mental Health Copayment Equity Act of 2005 with my colleagues, Senator John Kerry, Senator Gordon Smith, and Senator Susan Collins. Briefly, our…
Mr. President, I rise today with my friend and colleague Senator John McCain to introduce a second version of our Climate Stewardship Act with improvements--the Climate Stewardship AND Innovation Act…
Mr. President, I rise today to introduce the next generation of Hispanic Serving Institutions legislation. This legislation is critical if we, as a Nation, are going to continue to compete in a…
Mr. President, over 50 years ago, Sir Winston Churchill uttered the immortal words, ``never in the field of human conflict has so much been owed by so many to so few.'' Although Prime Minister…
Bill Text
Latest available legislative text
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 342 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 342
To provide for a program of scientific research on abrupt climate
change, to accelerate the reduction of greenhouse gas emissions in the
United States by establishing a market-driven system of greenhouse gas
tradeable allowances, to limit greenhouse gas emissions in the United
States and reduce dependence upon foreign oil, and ensure benefits to
consumers from the trading in such allowances.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 10, 2005
Mr. McCain (for himself, Mr. Lieberman, Ms. Snowe, Mrs. Feinstein, Mr.
Chafee, Mr. Durbin, Mr. Lautenberg, Mrs. Murray, Mr. Nelson of Florida,
Mr. Corzine, Ms. Cantwell, Mr. Kerry, and Mr. Dayton) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To provide for a program of scientific research on abrupt climate
change, to accelerate the reduction of greenhouse gas emissions in the
United States by establishing a market-driven system of greenhouse gas
tradeable allowances, to limit greenhouse gas emissions in the United
States and reduce dependence upon foreign oil, and ensure benefits to
consumers from the trading in such allowances.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Climate Stewardship Act of 2005''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I--FEDERAL CLIMATE CHANGE RESEARCH AND RELATED ACTIVITIES
Sec. 101. National Science Foundation fellowships.
Sec. 102. Commerce Department study of technology transfer barriers.
Sec. 103. Report on United States impact of Kyoto Protocol.
Sec. 104. Research grants.
Sec. 105. Abrupt climate change research.
Sec. 106. Impact on low-income populations research.
Sec. 107. NIST greenhouse gas functions.
Sec. 108. Development of new measurement technologies.
Sec. 109. Enhanced environmental measurements and standards.
Sec. 110. Technology development and diffusion.
Sec. 111. Agricultural outreach program.
TITLE II--NATIONAL GREENHOUSE GAS DATABASE
Sec. 201. National Greenhouse Gas Database and registry established.
Sec. 202. Inventory of greenhouse gas emissions for covered entities.
Sec. 203. Greenhouse gas reduction reporting.
Sec. 204. Measurement and verification.
TITLE III--MARKET-DRIVEN GREENHOUSE GAS REDUCTIONS
Subtitle A--Emission Reduction Requirements; Use of Tradeable
Allowances
Sec. 301. Covered entities must submit allowances for emissions.
Sec. 302. Compliance.
Sec. 303. Borrowing against future reductions.
Sec. 304. Other uses of tradeable allowances.
Sec. 305. Exemption of source categories.
Subtitle B--Establishment and Allocation of Tradeable Allowances
Sec. 331. Establishment of tradeable allowances.
Sec. 332. Determination of tradeable allowance allocations.
Sec. 333. Allocation of tradeable allowances.
Sec. 334. Ensuring target adequacy.
Sec. 335. Initial allocations for early participation and accelerated
participation.
Sec. 336. Bonus for accelerated participation.
Subtitle C--Climate Change Credit Corporation
Sec. 351. Establishment.
Sec. 352. Purposes and functions.
Subtitle D--Sequestration Accounting; Penalties
Sec. 371. Sequestration accounting.
Sec. 372. Penalties.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Baseline.--The term ``baseline'' means the historic
greenhouse gas emission levels of an entity, as adjusted upward
by the Administrator to reflect actual reductions that are
verified in accordance with--
(A) regulations promulgated under section
201(c)(1); and
(B) relevant standards and methods developed under
this title.
(3) Carbon dioxide equivalents.--The term ``carbon dioxide
equivalents'' means, for each greenhouse gas, the amount of
each such greenhouse gas that makes the same contribution to
global warming as one metric ton of carbon dioxide, as
determined by the Administrator.
(4) Covered sectors.--The term ``covered sectors'' means
the electricity, transportation, industry, and commercial
sectors, as such terms are used in the Inventory.
(5) Covered entity.--The term ``covered entity'' means an
entity (including a branch, department, agency, or
instrumentality of Federal, State, or local government) that--
(A) owns or controls a source of greenhouse gas
emissions in the electric power, industrial, or
commercial sectors of the United States economy (as
defined in the Inventory), refines or imports petroleum
products for use in transportation, or produces or
imports hydrofluorocarbons, perfluorocarbons, or sulfur
hexafluoride; and
(B) emits, from any single facility owned by the
entity, over 10,000 metric tons of greenhouse gas per
year, measured in units of carbon dioxide equivalents,
or produces or imports--
(i) petroleum products that, when
combusted, will emit,
(ii) hydrofluorocarbons, perfluorocarbons,
or sulfur hexafluoride that, when used, will
emit, or
(iii) other greenhouse gases that, when
used, will emit,
over 10,000 metric tons of greenhouse gas per year,
measured in units of carbon dioxide equivalents.
(6) Database.--The term ``database'' means the national
greenhouse gas database established under section 201.
(7) Direct emissions.--The term ``direct emissions'' means
greenhouse gas emissions by an entity from a facility that is
owned or controlled by that entity.
(8) Facility.--The term ``facility'' means a building,
structure, or installation located on any 1 or more contiguous
or adjacent properties of an entity in the United States.
(9) Greenhouse gas.--The term ``greenhouse gas'' means--
(A) carbon dioxide;
(B) methane;
(C) nitrous oxide;
(D) hydrofluorocarbons;
(E) perfluorocarbons; and
(F) sulfur hexafluoride.
(10) Indirect emissions.--The term ``indirect emissions''
means greenhouse gas emissions that are--
(A) a result of the activities of an entity; but
(B) emitted from a facility owned or controlled by
another entity.
(11) Inventory.--The term ``Inventory'' means the Inventory
of U.S. Greenhouse Gas Emissions and Sinks, prepared in
compliance with the United Nations Framework Convention on
Climate Change Decision 3/CP.5).
(12) Leakage.--The term ``leakage'' means--
(A) an increase in greenhouse gas emissions by one
facility or entity caused by a reduction in greenhouse
gas emissions by another facility or entity; or
(B) a decrease in sequestration that is caused by
an increase in sequestration at another location.
(13) Permanence.--The term ``permanence'' means the extent
to which greenhouse gases that are sequestered will not later
be returned to the atmosphere.
(14) Registry.--The term ``registry'' means the registry of
greenhouse gas emission reductions established under section
201(b)(2).
(15) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(16) Sequestration.--
(A) In general.--The term ``sequestration'' means
the capture, long-term separation, isolation, or
removal of greenhouse gases from the atmosphere.
(B) Inclusions.--The term ``sequestration''
includes--
(i) agricultural and conservation
practices;
(ii) reforestation;
(iii) forest preservation; and
(iv) any other appropriate method of
capture, long-term separation, isolation, or
removal of greenhouse gases from the
atmosphere, as determined by the Administrator.
(C) Exclusions.--The term ``sequestration'' does
not include--
(i) any conversion of, or negative impact
on, a native ecosystem; or
(ii) any introduction of non-native
species.
(17) Source category.--The term ``source category'' means a
process or activity that leads to direct emissions of
greenhouse gases, as listed in the Inventory.
(18) Stationary source.--The term ``stationary source''
means generally any source of greenhouse gases except those
emissions resulting directly from an engine for transportation
purposes.
TITLE I--FEDERAL CLIMATE CHANGE RESEARCH AND RELATED ACTIVITIES
SEC. 101. NATIONAL SCIENCE FOUNDATION FELLOWSHIPS.
The Director of the National Science Foundation shall establish a
fellowship program for students pursuing graduate studies in global
climate change, including capability in observation, analysis,
modeling, paleoclimatology, consequences, and adaptation.
SEC. 102. COMMERCE DEPARTMENT STUDY OF TECHNOLOGY TRANSFER BARRIERS.
(a) Study.--The Assistant Secretary of Technology Policy at
Department of Commerce shall conduct a study of technology transfer
barriers, best practices, and outcomes of technology transfer
activities at Federal laboratories related to the licensing and
commercialization of energy efficient technologies, and other
technologies that, compared to similar technology in commercial use,
result in reduced emissions of greenhouse gases or increased
sequestration of greenhouse gases. The study shall be submitted to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Science within 6 months after the date
of enactment of this Act. The Assistant Secretary shall work with the
existing interagency working group to address identified barriers.
(b) Agency Report To Include Information on Technology Transfer
Income and Royalties.--Paragraph (2)(B) of section 11(f) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710(f))
is amended--
(1) by striking ``and'' after the semicolon in clause (vi);
(2) by redesignating clause (vii) as clause (ix); and
(3) by inserting after clause (vi) the following:
``(vii) the number of fully-executed
licenses which received royalty income in the
preceding fiscal year for climate-change or
energy-efficient technology;
``(viii) the total earned royalty income
for climate-change or energy-efficient
technology; and''.
(c) Increased Incentives for Development of Climate-Change or
Energy-Efficient Technology.--Section 14(a) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710c(a)) is amended--
(1) by striking ``15 percent,'' in paragraph (1)(A) and
inserting ``15 percent (25 percent for climate change-related
technologies),''; and
(2) by inserting ``($250,000 for climate change-related
technologies)'' after ``$150,000'' each place it appears in
paragraph (3).
SEC. 103. REPORT ON UNITED STATES IMPACT OF KYOTO PROTOCOL.
Within 6 months after the date of enactment of this Act, the
Secretary shall execute a contract with the National Academy of Science
for a report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Science on
the effects that the entry into force of the Kyoto Protocol without
United States participation will have on--
(1) United States industry and its ability to compete
globally;
(2) international cooperation on scientific research and
development; and
(3) United States participation in international
environmental climate change mitigation efforts and technology
deployment.
SEC. 104. RESEARCH GRANTS.
Section 105 of the Global Change Research Act of 1990 (15 U.S.C.
2935) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Research Grants.--
``(1) Committee to develop list of priority research
areas.--The Committee shall develop a list of priority areas
for research and development on climate change that are not
being addressed by Federal agencies.
``(2) Director of ostp to transmit list to nsf.--The
Director of the Office of Science and Technology Policy shall
transmit the list to the National Science Foundation.
``(3) Funding through nsf.--
``(A) Budget request.--The National Science
Foundation shall include, as part of the annual request
for appropriations for the Science and Technology
Policy Institute, a request for appropriations to fund
research in the priority areas on the list developed
under paragraph (1).
``(B) Authorization.--For fiscal year 2005 and each
fiscal year thereafter, there are authorized to be
appropriated to the National Science Foundation not
less than $25,000,000, to be made available through the
Science and Technology Policy Institute, for research
in those priority areas.''.
SEC. 105. ABRUPT CLIMATE CHANGE RESEARCH.
(a) In General.--The Secretary, through the National Oceanic and
Atmospheric Administration, shall carry out a program of scientific
research on potential abrupt climate change designed--
(1) to develop a global array of terrestrial and
oceanographic indicators of paleoclimate in order sufficiently
to identify and describe past instances of abrupt climate
change;
(2) to improve understanding of thresholds and
nonlinearities in geophysical systems related to the mechanisms
of abrupt climate change;
(3) to incorporate these mechanisms into advanced
geophysical models of climate change; and
(4) to test the output of these models against an improved
global array of records of past abrupt climate changes.
(b) Abrupt Climate Change Defined.--In this section, the term
``abrupt climate change'' means a change in climate that occurs so
rapidly or unexpectedly that human or natural systems may have
difficulty adapting to it.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for fiscal year 2005 $60,000,000 to carry
out this section, such sum to remain available until expended.
SEC. 106. IMPACT ON LOW-INCOME POPULATIONS RESEARCH.
(a) In General.--The Secretary shall conduct research on the impact
of climate change on low-income populations everywhere in the world.
The research shall--
(1) include an assessment of the adverse impact of climate
change on developing countries and on low-income populations in
the United States;
(2) identify appropriate climate change adaptation measures
and programs for developing countries and low-income
populations and assess the impact of those measures and
programs on low-income populations;
(3) identify appropriate climate change mitigation
strategies and programs for developing countries and low-income
populations and assess the impact of those strategies and
programs on developing countries and on low-income populations
in the United States; and
(4) include an estimate of the costs of developing and
implementing those climate change adaptation and mitigation
programs.
(b) Report.--Within 1 year after the date of enactment of this Act,
the Secretary shall transmit a report on the research conducted under
subsection (a) to the Senate Committee on Commerce, Science, and
Transportation, the Senate Committee on Environment and Public Works,
the House of Representatives Committee on Science, and the House of
Representatives Committee on Energy and Commerce.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $2,000,000 to carry out the research
required by subsection (a).
SEC. 107. NIST GREENHOUSE GAS FUNCTIONS.
Section 2(c) of the National Institute of Standards and Technology
Act (15 U.S.C. 272(c)) is amended--
(1) by striking ``and'' after the semicolon in paragraph
(21);
(2) by redesignating paragraph (22) as paragraph (23); and
(3) by inserting after paragraph (21) the following:
``(22) perform research to develop enhanced measurements,
calibrations, standards, and technologies which will facilitate
activities that reduce emissions of greenhouse gases or
increase sequestration of greenhouse gases, including carbon
dioxide, methane, nitrous oxide, ozone, perfluorocarbons,
hydrofluorocarbons, and sulfur hexafluoride; and''.
SEC. 108. DEVELOPMENT OF NEW MEASUREMENT TECHNOLOGIES.
To facilitate implementation of section 204, the Secretary shall
initiate a program to develop, with technical assistance from
appropriate Federal agencies, innovative standards and measurement
technologies to calculate greenhouse gas emissions or reductions for
which no accurate or reliable measurement technology exists. The
program shall include--
(1) technologies (including remote sensing technologies) to
measure carbon changes and other greenhouse gas emissions and
reductions from agriculture, forestry, and other land use
practices; and
(2) technologies to calculate non-carbon dioxide greenhouse
gas emissions from transportation.
SEC. 109. ENHANCED ENVIRONMENTAL MEASUREMENTS AND STANDARDS.
The National Institute of Standards and Technology Act (15 U.S.C.
271 et seq.) is amended--
(1) by redesignating sections 17 through 32 as sections 18
through 33, respectively; and
(2) by inserting after section 16 the following:
``SEC. 17. CLIMATE CHANGE STANDARDS AND PROCESSES.
``(a) In General.--The Director shall establish within the
Institute a program to perform and support research on global climate
change standards and processes, with the goal of providing scientific
and technical knowledge applicable to the reduction of greenhouse gases
(as defined in section 3(8) of the Climate Stewardship Act of 2005) and
of facilitating implementation of section 204 of that Act.
``(b) Research Program.--
``(1) In general.--The Director is authorized to conduct,
directly or through contracts or grants, a global climate
change standards and processes research program.
``(2) Research projects.--The specific contents and
priorities of the research program shall be determined in
consultation with appropriate Federal agencies, including the
Environmental Protection Agency, the National Oceanic and
Atmospheric Administration, and the National Aeronautics and
Space Administration. The program generally shall include basic
and applied research--
``(A) to develop and provide the enhanced
measurements, calibrations, data, models, and reference
material standards which will enable the monitoring of
greenhouse gases;
``(B) to assist in establishing a baseline
reference point for future trading in greenhouse gases
and the measurement of progress in emissions reduction;
``(C) that will be exchanged internationally as
scientific or technical information which has the
stated purpose of developing mutually recognized
measurements, standards, and procedures for reducing
greenhouse gases; and
``(D) to assist in developing improved industrial
processes designed to reduce or eliminate greenhouse
gases.
``(c) National Measurement Laboratories.--
``(1) In general.--In carrying out this section, the
Director shall utilize the collective skills of the National
Measurement Laboratories of the National Institute of Standards
and Technology to improve the accuracy of measurements that
will permit better understanding and control of these
industrial chemical processes and result in the reduction or
elimination of greenhouse gases.
``(2) Material, process, and building research.--The
National Measurement Laboratories shall conduct research under
this subsection that includes--
``(A) developing material and manufacturing
processes which are designed for energy efficiency and
reduced greenhouse gas emissions into the environment;
``(B) developing chemical processes to be used by
industry that, compared to similar processes in
commercial use, result in reduced emissions of
greenhouse gases or increased sequestration of
greenhouse gases; and
``(C) enhancing building performance with a focus
in developing standards or tools which will help
incorporate low- or no-emission technologies into
building designs.
``(3) Standards and tools.--The National Measurement
Laboratories shall develop standards and tools under this
subsection that include software to assist designers in
selecting alternate building materials, performance data on
materials, artificial intelligence-aided design procedures for
building subsystems and `smart buildings', and improved test
methods and rating procedures for evaluating the energy
performance of residential and commercial appliances and
products.
``(d) National Voluntary Laboratory Accreditation Program.--The
Director shall utilize the National Voluntary Laboratory Accreditation
Program under this section to establish a program to include specific
calibration or test standards and related methods and protocols
assembled to satisfy the unique needs for accreditation in measuring
the production of greenhouse gases. In carrying out this subsection the
Director may cooperate with other departments and agencies of the
Federal Government, State and local governments, and private
organizations.''.
SEC. 110. TECHNOLOGY DEVELOPMENT AND DIFFUSION.
The Director of the National Institute of Standards and Technology,
through the Manufacturing Extension Partnership Program, may develop a
program to promote the use, by the more than 380,000 small
manufacturers, of technologies and techniques that result in reduced
emissions of greenhouse gases or increased sequestration of greenhouse
gases.
SEC. 111. AGRICULTURAL OUTREACH PROGRAM.
(a) In General.--The Secretary of Agriculture, acting through the
Global Change Program Office and in consultation with the heads of
other appropriate departments and agencies, shall establish the Climate
Change Education and Outreach Initiative Program to educate, and reach
out to, agricultural organizations and individual farmers on global
climate change.
(b) Program Components.--The program--
(1) shall be designed to ensure that agricultural
organizations and individual farmers receive detailed
information about--
(A) the potential impact of climate change on their
operations and well-being;
(B) market-driven economic opportunities that may
come from storing carbon in soils and vegetation,
including emerging private sector markets for carbon
storage; and
(C) techniques for measuring, monitoring,
verifying, and inventorying such carbon capture
efforts;
(2) may incorporate existing efforts in any area of
activity referenced in paragraph (1) or in related areas of
activity;
(3) shall provide--
(A) outreach materials to interested parties;
(B) workshops; and
(C) technical assistance; and
(4) may include the creation and development of regional
centers on climate change or coordination with existing centers
(including such centers within NRCS and the Cooperative State
Research Education and Extension Service).
TITLE II--NATIONAL GREENHOUSE GAS DATABASE
SEC. 201. NATIONAL GREENHOUSE GAS DATABASE AND REGISTRY ESTABLISHED.
(a) Establishment.--As soon as practicable after the date of
enactment of this Act, the Administrator, in coordination with the
Secretary, the Secretary of Energy, the Secretary of Agriculture, and
private sector and nongovernmental organizations, shall establish,
operate, and maintain a database, to be known as the ``National
Greenhouse Gas Database'', to collect, verify, and analyze information
on greenhouse gas emissions by entities.
(b) National Greenhouse Gas Database Components.--The database
shall consist of--
(1) an inventory of greenhouse gas emissions; and
(2) a registry of greenhouse gas emission reductions and
increases in greenhouse gas sequestrations.
(c) Comprehensive System.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall promulgate
regulations to implement a comprehensive system for greenhouse
gas emissions reporting, inventorying, and reductions
registration.
(2) Requirements.--The Administrator shall ensure, to the
maximum extent practicable, that--
(A) the comprehensive system described in paragraph
(1) is designed to--
(i) maximize completeness, transparency,
and accuracy of information reported; and
(ii) minimize costs incurred by entities in
measuring and reporting greenhouse gas
emissions; and
(B) the regulations promulgated under paragraph (1)
establish procedures and protocols necessary--
(i) to prevent the double-counting of
greenhouse gas emissions or emission reductions
reported by more than 1 reporting entity;
(ii) to provide for corrections to errors
in data submitted to the database;
(iii) to provide for adjustment to data by
reporting entities that have had a significant
organizational change (including mergers,
acquisitions, and divestiture), in order to
maintain comparability among data in the
database over time;
(iv) to provide for adjustments to reflect
new technologies or methods for measuring or
calculating greenhouse gas emissions;
(v) to account for changes in registration
of ownership of emission reductions resulting
from a voluntary private transaction between
reporting entities; and
(vi) to clarify the responsibility for
reporting in the case of any facility owned or
controlled by more than 1 entity.
(3) Serial numbers.--Through regulations promulgated under
paragraph (1), the Administrator shall develop and implement a
system that provides--
(A) for the verification of submitted emissions
reductions registered under section 204;
(B) for the provision of unique serial numbers to
identify the registered emission reductions made by an
entity relative to the baseline of the entity;
(C) for the tracking of the registered reductions
associated with the serial numbers; and
(D) for such action as may be necessary to prevent
counterfeiting of the registered reductions.
SEC. 202. INVENTORY OF GREENHOUSE GAS EMISSIONS FOR COVERED ENTITIES.
(a) In General.--Not later than July 1st of each calendar year
after 2008, each covered entity shall submit to the Administrator a
report that states, for the preceding calendar year, the entity-wide
greenhouse gas emissions (as reported at the facility level),
including--
(1) the total quantity of direct greenhouse gas emissions
from stationary sources, expressed in units of carbon dioxide
equivalents, except those reported under paragraph (3);
(2) the amount of petroleum products sold or imported by
the entity and the amount of greenhouse gases, expressed in
units of carbon dioxide equivalents, that would be emitted when
these products are used for transportation in the United
States, as determined by the Administrator under section
301(b);
(3) the amount of hydrofluorocarbons, perfluorocarbons, or
sulfur hexafluoride, expressed in units of carbon dioxide
equivalents, that are sold or imported by the entity and will
ultimately be emitted in the United States, as determined by
the Administrator under section 301(d); and
(4) such other categories of emissions as the Administrator
determines in the regulations promulgated under section
201(c)(1) may be practicable and useful for the purposes of
this Act, such as--
(A) indirect emissions from imported electricity,
heat, and steam;
(B) process and fugitive emissions; and
(C) production or importation of greenhouse gases.
(b) Collection and Analysis of Data.--The Administrator shall
collect and analyze information reported under subsection (a) for use
under title III.
SEC. 203. GREENHOUSE GAS REDUCTION REPORTING.
(a) In General.--Subject to the requirements described in
subsection (b)--
(1) a covered entity may register greenhouse gas emission
reductions achieved after 1990 and before 2010 under this
section; and
(2) an entity that is not a covered entity may register
greenhouse gas emission reductions achieved at any time since
1990 under this section.
(b) Requirements.--
(1) In general.--The requirements referred to in subsection
(a) are that an entity (other than an entity described in
paragraph (2)) shall--
(A) establish a baseline; and
(B) submit the report described in subsection
(c)(1).
(2) Requirements applicable to entities entering into
certain agreements.--An entity that enters into an agreement
with a participant in the registry for the purpose of a carbon
sequestration project shall not be required to comply with the
requirements specified in paragraph (1) unless that entity is
required to comply with the requirements by reason of an
activity other than the agreement.
(c) Reports.--
(1) Required report.--Not later than July 1st of the each
calendar year beginning more than 2 years after the date of
enactment of this Act, but subject to paragraph (3), an entity
described in subsection (a) shall submit to the Administrator a
report that states, for the preceding calendar year, the
entity-wide greenhouse gas emissions (as reported at the
facility level), including--
(A) the total quantity of direct greenhouse gas
emissions from stationary sources, expressed in units
of carbon dioxide equivalents;
(B) the amount of petroleum products sold or
imported by the entity and the amount of greenhouse
gases, expressed in units of carbon dioxide
equivalents, that would be emitted when these products
are used for transportation in the United States, as
determined by the Administrator under section 301(b);
(C) the amount of hydrofluorocarbons,
perfluorocarbons, or sulfur hexafluoride, expressed in
units of carbon dioxide equivalents, that are sold or
imported by the entity and will ultimately be emitted
in the United States, as determined by the
Administrator under section 301(d); and
(D) such other categories of emissions as the
Administrator determines in the regulations promulgated
under section 201(c)(1) may be practicable and useful
for the purposes of this Act, such as--
(i) indirect emissions from imported
electricity, heat, and steam;
(ii) process and fugitive emissions; and
(iii) production or importation of
greenhouse gases.
(2) Voluntary reporting.--An entity described in subsection
(a) may (along with establishing a baseline and reporting
emissions under this section)--
(A) submit a report described in paragraph (1)
before the date specified in that paragraph for the
purposes of achieving and commoditizing greenhouse gas
reductions through use of the registry and for other
purposes; and
(B) submit to the Administrator, for inclusion in
the registry, information that has been verified in
accordance with regulations promulgated under section
201(c)(1) and that relates to--
(i) any activity that resulted in the net
reduction of the greenhouse gas emissions of
the entity or a net increase in sequestration
by the entity that were carried out during or
after 1990 and before the establishment of the
database, verified in accordance with
regulations promulgated under section
201(c)(1), and submitted to the Administrator
before the date that is 4 years after the date
of enactment of this Act; and
(ii) with respect to the calendar year
preceding the calendar year in which the
information is submitted, any project or
activity that resulted in the net reduction of
the greenhouse gas emissions of the entity or a
net increase in net sequestration by the
entity.
(3) Provision of verification information by reporting
entities.--Each entity that submits a report under this
subsection shall provide information sufficient for the
Administrator to verify, in accordance with measurement and
verification methods and standards developed under section 204,
that the greenhouse gas report of the reporting entity--
(A) has been accurately reported; and
(B) in the case of each voluntary report under
paragraph (2), represents--
(i) actual reductions in direct greenhouse
gas emissions--
(I) relative to historic emission
levels of the entity; and
(II) after accounting for any
increases in indirect emissions
described in paragraph (1)(C)(i); or
(ii) actual increases in net sequestration.
(4) Failure to submit report.--An entity that participates
or has participated in the registry and that fails to submit a
report required under this subsection shall be prohibited from
using, or allowing another entity to use, its registered
emissions reductions or increases in sequestration to satisfy
the requirements of section 301.
(5) Independent third-party verification.--To meet the
requirements of this section and section 203, an entity that is
required to submit a report under this section may--
(A) obtain independent third-party verification;
and
(B) present the results of the third-party
verification to the Administrator.
(6) Availability of data.--
(A) In general.--The Administrator shall ensure
that information in the database is--
(i) published; and
(ii) accessible to the public, including in
electronic format on the Internet.
(B) Exception.--Subparagraph (A) shall not apply in
any case in which the Administrator determines that
publishing or otherwise making available information
described in that subparagraph poses a risk to national
security or discloses confidential business information
that can not be derived from information that is
otherwise publicly available and that would cause
competitive harm if published.
(7) Data infrastructure.--The Administrator shall ensure,
to the maximum extent practicable, that the database uses, and
is integrated with, Federal, State, and regional greenhouse gas
data collection and reporting systems in effect as of the date
of enactment of this Act.
(8) Additional issues to be considered.--In promulgating
the regulations under section 201(c)(1) and implementing the
database, the Administrator shall take into consideration a
broad range of issues involved in establishing an effective
database, including--
(A) the data and information systems and measures
necessary to identify, track, and verify greenhouse gas
emissions in a manner that will encourage private
sector trading and exchanges;
(B) the greenhouse gas reduction and sequestration
measurement and estimation methods and standards
applied in other countries, as applicable or relevant;
(C) the extent to which available fossil fuels,
greenhouse gas emissions, and greenhouse gas production
and importation data are adequate to implement the
database; and
(D) the differences in, and potential uniqueness
of, the facilities, operations, and business and other
relevant practices of persons and entities in the
private and public sectors that may be expected to
participate in the database.
(d) Annual Report.--The Administrator shall publish an annual
report that--
(1) describes the total greenhouse gas emissions and
emission reductions reported to the database during the year
covered by the report;
(2) provides entity-by-entity and sector-by-sector analyses
of the emissions and emission reductions reported;
(3) describes the atmospheric concentrations of greenhouse
gases;
(4) provides a comparison of current and past atmospheric
concentrations of greenhouse gases; and
(5) describes the activity during the year covered by the
period in the trading of greenhouse gas emission allowances.
SEC. 204. MEASUREMENT AND VERIFICATION.
(a) Standards.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish by rule,
in coordination with the Administrator, the Secretary of
Energy, and the Secretary of Agriculture, comprehensive
measurement and verification methods and standards to ensure a
consistent and technically accurate record of greenhouse gas
emissions, emission reductions, sequestration, and atmospheric
concentrations for use in the registry.
(2) Requirements.--The methods and standards established
under paragraph (1) shall include--
(A) a requirement that a covered entity use a
continuous emissions monitoring system, or another
system of measuring or estimating emissions that is
determined by the Secretary to provide information with
precision, reliability, accessibility, and timeliness
similar to that provided by a continuous emissions
monitoring system where technologically feasible;
(B) establishment of standardized measurement and
verification practices for reports made by all entities
participating in the registry, taking into account--
(i) protocols and standards in use by
entities requiring or desiring to participate
in the registry as of the date of development
of the methods and standards under paragraph
(1);
(ii) boundary issues, such as leakage;
(iii) avoidance of double counting of
greenhouse gas emissions and emission
reductions;
(iv) protocols to prevent a covered entity
from avoiding the requirements of this Act by
reorganization into multiple entities that are
under common control; and
(v) such other factors as the Secretary, in
consultation with the Administrator, determines
to be appropriate;
(C) establishment of methods of--
(i) estimating greenhouse gas emissions,
for those cases in which the Secretary
determines that methods of monitoring,
measuring or estimating such emissions with
precision, reliability, accessibility, and
timeliness similar to that provided by a
continuous emissions monitoring system are not
technologically feasible at present; and
(ii) reporting the accuracy of such
estimations;
(D) establishment of measurement and verification
standards applicable to actions taken to reduce, avoid,
or sequester greenhouse gas emissions;
(E) in coordination with the Secretary of
Agriculture, standards to measure the results of the
use of carbon sequestration and carbon recapture
technologies, including--
(i) soil carbon sequestration practices;
and
(ii) forest preservation and reforestation
activities that adequately address the issues
of permanence, leakage, and verification;
(E) establishment of such other measurement and
verification standards as the Secretary, in
consultation with the Secretary of Agriculture, the
Administrator, and the Secretary of Energy, determines
to be appropriate;
(F) establishment of standards for obtaining the
Secretary's approval of the suitability of geological
storage sites that include evaluation of both the
geology of the site and the entity's capacity to manage
the site; and
(G) establishment of other features that, as
determined by the Secretary, will allow entities to
adequately establish a fair and reliable measurement
and reporting system.
(b) Review and Revision.--The Secretary shall periodically review,
and revise as necessary, the methods and standards developed under
subsection (a).
(c) Public Participation.--The Secretary shall--
(1) make available to the public for comment, in draft form
and for a period of at least 90 days, the methods and standards
developed under subsection (a); and
(2) after the 90-day period referred to in paragraph (1),
in coordination with the Secretary of Energy, the Secretary of
Agriculture, and the Administrator, adopt the methods and
standards developed under subsection (a) for use in
implementing the database.
(d) Experts and Consultants.--
(1) In general.--The Secretary 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 Secretary may use any available
grant, contract, cooperative agreement, or other arrangement
authorized by law.
TITLE III--MARKET-DRIVEN GREENHOUSE GAS REDUCTIONS
Subtitle A--Emission Reduction Requirements; Use of Tradeable
Allowances
SEC. 301. COVERED ENTITIES MUST SUBMIT ALLOWANCES FOR EMISSIONS.
(a) In General.--Beginning with calendar year 2010--
(1) each covered entity in the electric generation,
industrial, and commercial sectors shall submit to the
Administrator one tradeable allowance for every metric ton of
greenhouse gases, measured in units of carbon dioxide
equivalents, that it emits from stationary sources, except
those described in paragraph (2);
(2) each producer or importer of hydrofluorocarbons,
perfluorocarbons, or sulfur hexafluoride that is a covered
entity shall submit to the Administrator one tradeable
allowance for every metric ton of hydrofluorocarbons,
perfluorocarbons, or sulfur hexafluoride, measured in units of
carbon dioxide equivalents; that it produces or imports and
that will ultimately be emitted in the United States, as
determined by the Administrator under subsection (d) and
(3) each petroleum refiner or importer that is a covered
entity shall submit one tradeable allowance for every unit of
petroleum product it sells that will produce one metric ton of
greenhouse gases, measured in units of carbon dioxide
equivalents, as determined by the Administrator under
subsection (b), when used for transportation.
(b) Determination of Transportation Sector Amount.--For the
transportation sector, the Administrator shall determine the amount of
greenhouse gases, measured in units of carbon dioxide equivalents, that
will be emitted when petroleum products are used for transportation.
(c) Exception for Certain Deposited Emissions.--Notwithstanding
subsection (a), a covered entity is not required to submit a tradeable
allowance for any amount of greenhouse gas that would otherwise have
been emitted from a facility under the ownership or control of that
entity if--
(1) the emission is deposited in a geological storage
facility approved by the Administrator under section
204(a)(2)(F); and
(2) the entity agrees to submit tradeable allowances for
any portion of the deposited emission that is subsequently
emitted from that facility.
(d) Determination of Hydroflurocarbon, Perfluorocarbon, and Sulfur
Hexafluoride Amount.--The Administrator shall determine the amounts of
hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride, measured
in units of carbon dioxide equivalents, that will be deemed to be
emitted for purposes of this Act.
SEC. 302. COMPLIANCE.
(a) In General.--
(1) Source of tradeable allowances used.--A covered entity
may use a tradeable allowance to meet the requirements of this
section without regard to whether the tradeable allowance was
allocated to it under subtitle B or acquired from another
entity or the Climate Change Credit Corporation established
under section 351.
(2) Verification by administrator.--At various times during
each year, the Administrator shall determine whether each
covered entity has met the requirements of this section. In
making that determination, the Administrator shall--
(A) take into account the tradeable allowances
submitted by the covered entity to the Administrator;
and
(B) retire the serial number assigned to each such
tradeable allowance.
(b) Alternative Means of Compliance.--For the years 2010 and after,
a covered entity may satisfy up to 15 percent of its total allowance
submission requirement under this section by--
(1) submitting tradeable allowances from another nation's
market in greenhouse gas emissions if--
(A) the Secretary determines that the other
nation's system for trading in greenhouse gas emissions
is complete, accurate, and transparent and reviews that
determination at least once every 5 years;
(B) the other nation has adopted enforceable limits
on its greenhouse gas emissions which the tradeable
allowances were issued to implement; and
(C) the covered entity certifies that the tradeable
allowance has been retired unused in the other nation's
market;
(2) submitting a registered net increase in sequestration,
as registered in the database, adjusted, if necessary, to
comply with the accounting standards and methods established
under section 372;
(3) submitting a greenhouse gas emissions reduction (other
than a registered net increase in sequestration) that was
registered in the database by a person that is not a covered
entity; or
(4) submitting credits obtained from the Administrator
under section 303.
(c) Dedicated Program for Sequestration in Agricultural Soils.--If
a covered entity chooses to satisfy 15 percent of its total allowance
submission requirements under the provisions of subsection (b), it
shall satisfy up to 1.5 percent of its total allowance submission
requirement by submitting registered net increases in sequestration in
agricultural soils, as registered in the database, adjusted, if
necessary, to comply with the accounting standards and methods
established under section 371.
SEC. 303. BORROWING AGAINST FUTURE REDUCTIONS.
(a) In General.--The Administrator shall establish a program under
which a covered entity may--
(1) receive a credit in the current calendar year for
anticipated reductions in emissions in a future calendar year;
and
(2) use the credit in lieu of a tradeable allowance to meet
the requirements of this Act for the current calendar year,
subject to the limitation imposed by section 302(b).
(b) Determination of Tradeable Allowance Credits.--The
Administrator may make credits available under subsection (a) only for
anticipated reductions in emissions that--
(1) are attributable to the realization of capital
investments in equipment, the construction, reconstruction, or
acquisition of facilities, or the deployment of new
technologies--
(A) for which the covered entity has executed a
binding contract and secured, or applied for, all
necessary permits and operating or implementation
authority;
(B) that will not become operational within the
current calendar year; and
(C) that will become operational and begin to
reduce emissions from the covered entity within 5 years
after the year in which the credit is used; and
(2) will be realized within 5 years after the year in which
the credit is used.
(c) Carrying Cost.--If a covered entity uses a credit under this
section to meet the requirements of this Act for a calendar year
(referred to as the use year), the tradeable allowance requirement for
the year from which the credit was taken (referred to as the source
year) shall be increased by an amount equal to--
(1) 10 percent for each credit borrowed from the source
year; multiplied by
(2) the number of years beginning after the use year and
before the source year.
(d) Maximum Borrowing Period.--A credit from a year beginning more
than 5 years after the current year may not be used to meet the
requirements of this Act for the current year.
(e) Failure To Achieve Reductions Generating Credit.--If a covered
entity that uses a credit under this section fails to achieve the
anticipated reduction for which the credit was granted for the year
from which the credit was taken, then--
(1) the covered entity's requirements under this Act for
that year shall be increased by the amount of the credit, plus
the amount determined under subsection (c);
(2) any tradeable allowances submitted by the covered
entity for that year shall be counted first against the
increase in those requirements; and
(3) the covered entity may not use credits under this
section to meet the increased requirements.
SEC. 304. OTHER USES OF TRADEABLE ALLOWANCES.
(a) In General.--Tradeable allowances may be sold, exchanged,
purchased, retired, or used as provided in this section.
(b) Intersector Trading.--Covered entities may purchase or
otherwise acquire tradeable allowances from other covered sectors to
satisfy the requirements of section 301.
(c) Climate Change Credit Organization.--The Climate Change Credit
Corporation established under section 351 may sell tradeable allowances
allocated to it under section 332(a)(2) to any covered entity or to any
investor, broker, or dealer in such tradeable allowances. The Climate
Change Credit Corporation shall use all proceeds from such sales in
accordance with the provisions of section 352.
(d) Banking of Tradeable Allowances.--Notwithstanding the
requirements of section 301, a covered entity that has more than a
sufficient amount of tradeable allowances to satisfy the requirements
of section 301, may refrain from submitting a tradeable allowance to
satisfy the requirements in order to sell, exchange, or use the
tradeable allowance in the future.
SEC. 305. EXEMPTION OF SOURCE CATEGORIES.
(a) In General.--The Administrator may grant an exemption from the
requirements of this Act to a source category if the Administrator
determines, after public notice and comment, that it is not feasible to
measure or estimate emissions from that source category, until such
time as measurement or estimation becomes feasible.
(b) Reduction of Limitations.--If the Administrator exempts a
source category under subsection (a), the Administrator shall also
reduce the total tradeable allowances under section 331(a)(1) by the
amount of greenhouse gas emissions that the exempted source category
emitted in calendar year 2000, as identified in the 2000 Inventory.
(c) Limitation on Exemption.--The Administrator may not grant an
exemption under subsection (a) to carbon dioxide produced from fossil
fuel.
Subtitle B--Establishment and Allocation of Tradeable Allowances
SEC. 331. ESTABLISHMENT OF TRADEABLE ALLOWANCES.
(a) In General.--The Administrator shall promulgate regulations to
establish tradeable allowances, denominated in units of carbon dioxide
equivalents, for calendar years beginning after 2009, equal to--
(1) 5896 million metric tons, measured in units of carbon
dioxide equivalents, reduced by
(2) the amount of emissions of greenhouse gases in calendar
year 2000 from non-covered entities.
(b) Serial Numbers.--The Administrator shall assign a unique serial
number to each tradeable allowance established under subsection (a),
and shall take such action as may be necessary to prevent
counterfeiting of tradeable allowances.
(c) Nature of Tradeable Allowances.--A tradeable allowance is not a
property right, and nothing in this title or any other provision of law
limits the authority of the United States to terminate or limit a
tradeable allowance.
(d) Non-Covered Entity.--In this section:
(1) In general.--The term ``non-covered entity'' means an
entity that--
(A) owns or controls a source of greenhouse gas
emissions in the electric power, industrial, or
commercial sectors of the United States economy (as
defined in the Inventory), refines or imports petroleum
products for use in transportation, or produces or
imports hydrofluorocarbons, perfluorocarbons, or sulfur
hexafluoride; and
(B) is not a covered entity.
(2) Exception.--Notwithstanding paragraph (1), an entity
that is a covered entity for any calendar year beginning after
2009 shall not be considered to be a non-covered entity for
purposes of subsection (a) only because it emitted, or its
products would have emitted, 10,000 metric tons or less of
greenhouse gas, measured in units of carbon dioxide
equivalents, in the year 2000.
SEC. 332. DETERMINATION OF TRADEABLE ALLOWANCE ALLOCATIONS.
(a) In General.--The Secretary shall determine--
(1) the amount of tradeable allowances to be allocated to
each covered sector of that sector's allotments; and
(2) the amount of tradeable allowances to be allocated to
the Climate Change Credit Corporation established under section
351.
(b) Allocation Factors.--In making the determination required by
subsection (a), the Secretary shall consider--
(1) the distributive effect of the allocations on household
income and net worth of individuals;
(2) the impact of the allocations on corporate income,
taxes, and asset value;
(3) the impact of the allocations on income levels of
consumers and on their energy consumption;
(4) the effects of the allocations in terms of economic
efficiency;
(5) the ability of covered entities to pass through
compliance costs to their customers;
(6) the degree to which the amount of allocations to the
covered sectors should decrease over time; and
(7) the need to maintain the international competitiveness
of United States manufacturing and avoid the additional loss of
United States manufacturing jobs.
(c) Allocation Recommendations and Implementation.--Before
allocating or providing tradeable allowances under subsection (a) and
within 24 months after the date of enactment of this Act, the Secretary
shall submit the determinations under subsection (a) to the Senate
Committee on Commerce, Science, and Transportation, the Senate
Committee on Environment and Public Works, the House of Representatives
Committee on Science, and the House of Representatives Committee on
Energy and Commerce. The Secretary's determinations under paragraph
(1), including the allocations and provision of tradeable allowances
pursuant to that determination, are deemed to be a major rule (as
defined in section 804(2) of title 5, United States Code), and subject
to the provisions of chapter 8 of that title.
SEC. 333. ALLOCATION OF TRADEABLE ALLOWANCES.
(a) In General.--Beginning with calendar year 2010 and after taking
into account any initial allocations under section 334, the
Administrator shall--
(1) allocate to each covered sector that sector's
allotments determined by the Administrator under section 332
(adjusted for any such initial allocations and the allocation
to the Climate Change Credit Corporation established under
section 351); and
(2) allocate to the Climate Change Credit Corporation
established under section 351 the tradeable allowances
allocable to that Corporation.
(b) Intrasectorial Allotments.--The Administrator shall, by
regulation, establish a process for the allocation of tradeable
allowances under this section, without cost to covered entities, that
will--
(1) encourage investments that increase the efficiency of
the processes that produce greenhouse gas emissions;
(2) minimize the costs to the government of allocating the
tradeable allowances;
(3) not penalize a covered entity for emissions reductions
made before 2010 and registered with the database; and
(4) provide sufficient allocation for new entrants into the
sector.
(c) Point Source Allocation.--The Administrator shall allocate the
tradeable allowances for the electricity generation, industrial, and
commercial sectors to the entities owning or controlling the point
sources of greenhouse gas emissions within that sector.
(d) Hydrofluorocarbons, Perfluorocarbons, and Sulfur
Hexafluoride.--The Administrator shall allocate the tradeable
allowances for producers or importers of hydrofluorocarbons,
perfluorocarbons, or sulfur hexafluoride to such producers or
importers.
(e) Special Rule for Allocation Within the Transportation Sector.--
The Administrator shall allocate the tradeable allowances for the
transportation sector to petroleum refiners or importers that produce
or import petroleum products that will be used as fuel for
transportation.
(f) Allocations to Rural Electric Cooperatives.--For each electric
generating unit that is owned or operated by a rural electric
cooperative, the Administrator shall allocate each year, at no cost,
allowances in an amount equal to the greenhouse gas emissions of each
such unit in 2000, plus an amount equal to the average emissions growth
expected for all such units. The allocations shall be offset from the
allowances allocated to the Climate Change Credit Corporation.
SEC. 334. ENSURING TARGET ADEQUACY.
(a) In General.--Beginning 2 years after the date of enactment of
this Act, the Under Secretary of Commerce for Oceans and Atmosphere
shall review the allowances established by section 331 no less
frequently than biennially--
(1) to re-evaluate the levels established by that
subsection, after taking into account the best available
science and the most currently available data, and
(2) to re-evaluate the environmental and public health
impacts of specific concentration levels of greenhouse gases,
to determine whether the allowances established by subsection (a)
continue to be consistent with the objective of the United Nations'
Framework Convention on Climate Change of stabilizing levels of
greenhouse gas emissions at a level that will prevent dangerous
anthropogenic interference with the climate system.
(b) Review of 2010 Levels.--The Under Secretary shall specifically
review in 2008 the level established under section 331(a)(1), and
transmit a report on his reviews, together with any recommendations,
including legislative recommendations, for modification of the levels,
to the Senate Committee on Commerce, Science, and Transportation, the
Senate Committee on Environment and Public Works, the House of
Representatives Committee on Science, and the House of Representatives
Committee on Energy and Commerce.
SEC. 335. INITIAL ALLOCATIONS FOR EARLY PARTICIPATION AND ACCELERATED
PARTICIPATION.
Before making any allocations under section 333, the Administrator
shall allocate--
(1) to any covered entity an amount of tradeable allowances
equivalent to the amount of greenhouse gas emissions reductions
registered by that covered entity in the national greenhouse
gas database if--
(A) the covered entity has requested to use the
registered reduction in the year of allocation;
(B) the reduction was registered prior to 2010; and
(C) the Administrator retires the unique serial
number assigned to the reduction under section
201(c)(3); and
(2) to any covered entity that has entered into an
accelerated participation agreement under section 336, such
tradeable allowances as the Administrator has determined to be
appropriate under that section.
SEC. 336. BONUS FOR ACCELERATED PARTICIPATION.
(a) In General.--If a covered entity executes an agreement with the
Administrator under which it agrees to reduce its level of greenhouse
gas emissions to a level no greater than the level of its greenhouse
gas emissions for calendar year 1990 by the year 2010, then, for the 6-
year period beginning with calendar year 2010, the Administrator
shall--
(1) provide additional tradeable allowances to that entity
when allocating allowances under section 334 in order to
recognize the additional emissions reductions that will be
required of the covered entity; and
(2) allow that entity to satisfy 20 percent of its
requirements under section 301 by--
(A) submitting tradeable allowances from another
nation's market in greenhouse gas emissions under the
conditions described in section 312(b)(1);
(B) submitting a registered net increase in
sequestration, as registered in the National Greenhouse
Gas Database established under section 201, and as
adjusted by the appropriate sequestration discount rate
established under section 371; or
(C) submitting a greenhouse gas emission reduction
(other than a registered net increase in sequestration)
that was registered in the National Greenhouse Gas
Database by a person that is not a covered entity.
(b) Termination.--An entity that executes an agreement described in
subsection (a) may terminate the agreement at any time.
(c) Failure To Meet Commitment.--If an entity that executes an
agreement described in subsection (a) fails to achieve the level of
emissions to which it committed by calendar year 2010--
(1) its requirements under section 301 shall be increased
by the amount of any tradeable allowances provided to it under
subsection (a)(1); and
(2) any tradeable allowances submitted thereafter shall be
counted first against the increase in those requirements.
Subtitle C--Climate Change Credit Corporation
SEC. 351. ESTABLISHMENT.
(a) In General.--The Climate Change Credit Corporation is
established as a nonprofit corporation without stock. The Corporation
shall not be considered to be an agency or establishment of the United
States Government.
(b) Applicable Laws.--The Corporation shall be subject to the
provisions of this title and, to the extent consistent with this title,
to the District of Columbia Business Corporation Act.
(c) Board of Directors.--The Corporation shall have a board of
directors of 5 individuals who are citizens of the United States, of
whom 1 shall be elected annually by the board to serve as chairman. No
more than 3 members of the board serving at any time may be affiliated
with the same political party. The members of the board shall be
appointed by the President of the United States, by and with the advice
and consent of the Senate and shall serve for terms of 5 years.
SEC. 352. PURPOSES AND FUNCTIONS.
(a) Trading.--The Corporation--
(1) shall receive and manage tradeable allowances allocated
to it under section 333(a)(2); and
(2) shall buy and sell tradeable allowances, whether
allocated to it under that section or obtained by purchase,
trade, or donation from other entities; but
(3) may not retire tradeable allowances unused.
(b) Use of Tradeable Allowances and Proceeds.--
(1) In general.--The Corporation shall use the tradeable
allowances, and proceeds derived from its trading activities in
tradeable allowances, to reduce costs borne by consumers as a
result of the greenhouse gas reduction requirements of this
Act. The reductions--
(A) may be obtained by buy-down, subsidy,
negotiation of discounts, consumer rebates, or
otherwise;
(B) shall be, as nearly as possible, equitably
distributed across all regions of the United States;
and
(C) may include arrangements for preferential
treatment to consumers who can least afford any such
increased costs.
(2) Transition assistance to dislocated workers and
communities.--The Corporation shall allocate a percentage of
the proceeds derived from its trading activities in tradeable
allowances to provide transition assistance to dislocated
workers and communities. Transition assistance may take the
form of--
(A) grants to employers, employer associations, and
representatives of employees--
(i) to provide training, adjustment
assistance, and employment services to
dislocated workers; and
(ii) to make income-maintenance and needs-
related payments to dislocated workers; and
(B) grants to State and local governments to assist
communities in attracting new employers or providing
essential local government services.
(3) Phase-out of transition assistance.--The percentage
allocated by the Corporation under paragraph (2)--
(A) shall be 20 percent for 2010;
(B) shall be reduced by 2 percentage points each
year thereafter; and
(C) may not be reduced below zero.
(4) Adaptation and mitigation assistance for low-income
persons and communities.--The Corporation shall allocate a
portion of the proceeds derived from its trading activities to
funding climate change adaptation and mitigation programs to
assist low-income populations identified in the report
submitted under section 106(b) as having particular needs in
addressing the impact of climate change.
(5) Technology deployment programs.--The Corporation shall
establish and carry out a program, through direct grants,
revolving loan programs, or other financial measures, to
provide support for the deployment of technology to assist in
compliance with this Act by distributing the proceeds from no
less than 10 percent of the total allowances allocated to it.
The support shall include the following:
(A) Coal gasification combined-cycle and geological
carbon storage program.--The Corporation shall
establish and carry out a program, through direct
grants, to provide incentives for the repowering of
existing facilities or construction of new facilities
producing electricity or other products from coal
gasification combined-cycle plants that capture and
geologically store at least 90 percent of the carbon
dioxide produced at the facility in accordance with
requirements established by the Administrator to ensure
the permanence of the storage and that such storage
will not cause or contribute to significant adverse
effects on public health or the environment. The
Corporation shall ensure that no less than 20 percent
of the funding under this program is distributed to
rural electric cooperatives.
(B) Agricultural programs.--The Corporation shall
establish and carry out a program, through direct
grants, revolving loan programs, or other financial
measures, to provide incentives for greenhouse gas
emissions reductions or net increases in greenhouse gas
sequestration on agricultural lands. The program shall
include incentives for--
(i) production of wind energy on
agricultural lands;
(ii) agricultural management practices that
achieve verified, incremental increases in net
carbon sequestration, in accordance with the
requirements established by the Administrator
under section 371; and
(iii) production of renewable fuels that,
after consideration of the energy needed to
produce such fuels, result in a net reduction
in greenhouse gas emissions.
Subtitle D--Sequestration Accounting; Penalties
SEC. 371. SEQUESTRATION ACCOUNTING.
(a) Sequestration Accounting.--If a covered entity uses a
registered net increase in sequestration to satisfy the requirements of
section 301 for any year, that covered entity shall submit information
to the Administrator every 5 years thereafter sufficient to allow the
Administrator to determine, using the methods and standards created
under section 204, whether that net increase in sequestration still
exists. Unless the Administrator determines that the net increase in
sequestration continues to exist, the covered entity shall offset any
loss of sequestration by submitting additional tradeable allowances of
equivalent amount in the calender year following that determination.
(b) Regulations Required.--The Secretary, acting through the Under
Secretary of Commerce for Science and Technology, in coordination with
the Secretary of Agriculture, the Secretary of Energy, and the
Administrator, shall issue regulations establishing the sequestration
accounting rules for all classes of sequestration projects.
(c) Criteria for Regulations.--In issuing regulations under this
section, the Secretary shall use the following criteria:
(1) If the range of possible amounts of net increase in
sequestration for a particular class of sequestration project
is not more than 10 percent of the median of that range, the
amount of sequestration awarded shall be equal to the median
value of that range.
(2) If the range of possible amounts of net increase in
sequestration for a particular class of sequestration project
is more than 10 percent of the median of that range, the amount
of sequestration awarded shall be equal to the fifth percentile
of that range.
(3) The regulations shall include procedures for accounting
for potential leakage from sequestration projects and for
ensuring that any registered increase in sequestration is in
addition that which would have occurred if this Act had not
been enacted.
(d) Updates.--The Secretary shall update the sequestration
accounting rules for every class of sequestration project at least once
every 5 years.
SEC. 372. PENALTIES.
Any covered entity that fails to meet the requirements of section
301 for a year shall be liable for a civil penalty, payable to the
Administrator, equal to thrice the market value (determined as of the
last day of the year at issue) of the tradeable allowances that would
be necessary for that covered entity to meet those requirements on the
date of the emission that resulted in the violation.
<all>