Clean Energy Jobs and American Power Act (Full Text )

Clean Energy Jobs and American Power Act (Full Text )

Share
Clean Energy Jobs and American Power Act (Full Text )

Full Text of the Clean Energy Jobs and American Power Act

O:\DEC\DEC09670.xml [file 1 of 5] S.L.C.

111TH CONGRESS

1ST SESSION

S. ll

To create clean energy jobs, promote energy independence, reduce global

warming pollution, and transition to a clean energy economy.

IN THE SENATE OF THE UNITED STATES

llllllllll

Mr. KERRY (for himself and Mrs. BOXER) introduced the following bill; which

was read twice and referred to the Committee on llllllllll

A BILL

To create clean energy jobs, promote energy independence,

reduce global warming pollution, and transition to a

clean energy economy.

1 Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Clean Energy Jobs and American Power Act’’.

6 (b) TABLE OF CONTENTS.—The table of contents of

7 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Economywide emission reduction goals.

Sec. 4. Definitions. 2

O:\DEC\DEC09670.xml [file 1 of 5] S.L.C.

DIVISION A—AUTHORIZATIONS FOR POLLUTION REDUCTION,

TRANSITION, AND ADAPTATION

Sec. 101. Structure of Act.

TITLE I—GREENHOUSE GAS REDUCTION PROGRAMS

Subtitle A—Clean Transportation

Sec. 111. Emission standards.

‘‘PART B—MOBILE SOURCES

‘‘Sec. 821. Greenhouse gas emission standards for mobile sources.

Sec. 112. Greenhouse gas emission reductions through transportation efficiency.

‘‘PART C—TRANSPORTATION EMISSIONS

‘‘Sec. 831. Greenhouse gas emission reductions through transportation efficiency.

Sec. 113. Transportation greenhouse gas emission reduction program grants.

‘‘Sec. 832. Transportation greenhouse gas emission reduction program

grants.

Sec. 114. Smartway transportation efficiency program.

‘‘Sec. 822. SmartWay transportation efficiency program.

Subtitle B—Carbon Capture and Sequestration

Sec. 121. National strategy.

Sec. 122. Regulations for geological sequestration sites.

‘‘Sec. 813. Geological storage sites.

Sec. 123. Studies and reports.

Sec. 124. Performance standards for coal-fueled power plants.

‘‘Sec. 812. Performance standards for new coal-fired power plants.

Sec. 125. Carbon capture and sequestration demonstration and early deployment program.

Subtitle C—Nuclear and Advanced Technologies

Sec. 131. Findings and policy.

Sec. 132. Nuclear worker training.

Sec. 133. Nuclear safety and waste management programs.

Subtitle D—Water Efficiency

Sec. 141. WaterSense.

Sec. 142. Federal procurement of water-efficient products.

Sec. 143. State residential water efficiency and conservation incentives program.

Subtitle E—Miscellaneous

Sec. 151. Office of Consumer Advocacy.

Sec. 152. Clean technology business competition grant program.

Sec. 153. Product carbon disclosure program.

Sec. 154. State recycling programs.

Sec. 155. Supplemental agriculture and forestry greenhouse gas reduction and

renewable energy program.

Sec. 156. Economic Development Climate Change Fund. 3

O:\DEC\DEC09670.xml [file 1 of 5] S.L.C.

‘‘Sec. 219. Economic Development Climate Change Fund.

Sec. 157. Study of risk-based programs addressing vulnerable areas.

Subtitle F—Energy Efficiency and Renewable Energy

Sec. 161. Renewable energy.

Sec. 162. Advanced biofuels.

Sec. 163. Energy efficiency in building codes.

Sec. 164. Retrofit for energy and environmental performance.

Subtitle G—Emission Reductions From Public Transportation Vehicles

Sec. 171. Short title.

Sec. 172. State fuel economy regulation for taxicabs.

Sec. 173. State regulation of motor vehicle emissions for taxicabs.

Subtitle H—Clean Energy and Natural Gas

Sec. 181. Clean Energy and Accelerated Emission Reduction Program.

Sec. 182. Advanced natural gas technologies.

TITLE II—RESEARCH

Subtitle A—Energy Research

Sec. 201. Advanced energy research.

Subtitle B—Drinking Water Adaptation, Technology, Education, and

Research

Sec. 211. Effects of climate change on drinking water utilities.

TITLE III—TRANSITION AND ADAPTATION

Subtitle A—Green Jobs and Worker Transition

PART 1—GREEN JOBS

Sec. 301. Clean energy curriculum development grants.

Sec. 302. Development of Information and Resources clearinghouse for vocational education and job training in renewable energy sectors.

Sec. 303. Green construction careers demonstration project.

PART 2—CLIMATE CHANGE WORKER ADJUSTMENT ASSISTANCE

Sec. 311. Petitions, eligibility requirements, and determinations.

Sec. 312. Program benefits.

Sec. 313. General provisions.

Subtitle B—International Climate Change Programs

Sec. 321. Strategic Interagency Board on International Climate Investment.

Sec. 322. Emission reductions from reduced deforestation.

‘‘PART E—SUPPLEMENTAL EMISSION REDUCTIONS

‘‘Sec. 751. Definitions.

‘‘Sec. 752. Purposes.

‘‘Sec. 753. Emission reductions from reduced deforestation.

Sec. 323. International Clean Energy Deployment Program. 4

O:\DEC\DEC09670.xml [file 1 of 5] S.L.C.

Sec. 324. International climate change adaptation and global security program.

Sec. 325. Evaluation and reports.

Sec. 326. Report on climate actions of major economies.

Subtitle C—Adapting to Climate Change

PART 1—DOMESTIC ADAPTATION

SUBPART A—NATIONAL CLIMATE CHANGE ADAPTATION PROGRAM

Sec. 341. National Climate Change Adaptation Program.

Sec. 342. Climate services.

SUBPART B—PUBLIC HEALTH AND CLIMATE CHANGE

Sec. 351. Sense of Congress on public health and climate change.

Sec. 352. Relationship to other laws.

Sec. 353. National strategic action plan.

Sec. 354. Advisory board.

Sec. 355. Reports.

Sec. 356. Definitions.

SUBPART C—CLIMATE CHANGE SAFEGUARDS FOR NATURAL RESOURCES

CONSERVATION

Sec. 361. Purposes.

Sec. 362. Natural resources climate change adaptation policy.

Sec. 363. Definitions.

Sec. 364. Council on Environmental Quality.

Sec. 365. Natural Resources Climate Change Adaptation Panel.

Sec. 366. Natural Resources Climate Change Adaptation Strategy.

Sec. 367. Natural resources adaptation science and information.

Sec. 368. Federal natural resource agency adaptation plans.

Sec. 369. State natural resources adaptation plans.

Sec. 370. Natural Resources Climate Change Adaptation Account.

Sec. 371. National Fish and Wildlife Habitat and Corridors Information Program.

Sec. 372. Additional provisions regarding Indian tribes.

SUBPART D—ADDITIONAL CLIMATE CHANGE ADAPTATION PROGRAMS

Sec. 381. Water system mitigation and adaption partnerships.

Sec. 382. Flood control, protection, prevention, and response.

Sec. 383. Wildfire.

Sec. 384. Coastal and Great Lakes State adaptation program.

DIVISION B—POLLUTION REDUCTION AND INVESTMENT

TITLE I—REDUCING GLOBAL WARMING POLLUTION

Subtitle A—Reducing Global Warming Pollution

Sec. 101. Reducing global warming pollution.

‘‘TITLE VII—GLOBAL WARMING POLLUTION REDUCTION AND

INVESTMENT PROGRAM

‘‘PART A—GLOBAL WARMING POLLUTION REDUCTION GOALS AND TARGETS5

O:\DEC\DEC09670.xml [file 1 of 5] S.L.C.

‘‘Sec. 701. Findings.

‘‘Sec. 702. Economywide reduction goals.

‘‘Sec. 703. Reduction targets for specified sources.

‘‘Sec. 704. Supplemental pollution reductions.

‘‘Sec. 705. Review and program recommendations.

‘‘Sec. 706. National Academy review.

‘‘Sec. 707. Presidential response and recommendations.

‘‘PART B—DESIGNATION AND REGISTRATION OF GREENHOUSE GASES

‘‘Sec. 711. Designation of greenhouse gases.

‘‘Sec. 712. Carbon dioxide equivalent value of greenhouse gases.

‘‘Sec. 713. Greenhouse gas registry.

‘‘Sec. 714. Perfluorocarbon regulation.

‘‘PART C—PROGRAM RULES

‘‘Sec. 721. Emission allowances.

‘‘Sec. 722. Prohibition of excess emissions.

‘‘Sec. 723. Penalty for noncompliance.

‘‘Sec. 724. Trading.

‘‘Sec. 725. Banking and borrowing.

‘‘Sec. 726. Market Stability Reserve.

‘‘Sec. 727. Permits.

‘‘Sec. 728. International emission allowances.

‘‘PART D—OFFSETS

‘‘Sec. 731. Offsets Integrity Advisory Board.

‘‘Sec. 732. Establishment of offsets program.

‘‘Sec. 733. Eligible project types.

‘‘Sec. 734. Requirements for offset projects.

‘‘Sec. 735. Approval of offset projects.

‘‘Sec. 736. Verification of offset projects.

‘‘Sec. 737. Issuance of offset credits.

‘‘Sec. 738. Audits.

‘‘Sec. 739. Program review and revision.

‘‘Sec. 740. Early offset supply.

‘‘Sec. 741. Environmental considerations.

‘‘Sec. 742. Trading.

‘‘Sec. 743. Office of Offsets Integrity.

‘‘Sec. 744. International offset credits.

Sec. 102. Definitions.

‘‘Sec. 700. Definitions.

Sec. 103. Offset reporting requirements.

Subtitle B—Disposition of Allowances

Sec. 111. Disposition of allowances for global warming pollution reduction program.

‘‘PART H—DISPOSITION OF ALLOWANCES

‘‘Sec. 771. Allocation of emission allowances.

‘‘Sec. 772. Electricity consumers.

‘‘Sec. 773. Natural gas consumers.

‘‘Sec. 774. Home heating oil and propane consumers. 6

O:\DEC\DEC09670.xml [file 1 of 5] S.L.C.

‘‘Sec. 775. Domestic fuel production.

‘‘Sec. 776. Consumer protection.

‘‘Sec. 777. Exchange for State-issued allowances.

‘‘Sec. 778. Auction procedures.

‘‘Sec. 779. Auctioning allowances for other entities.

‘‘Sec. 780. Commercial deployment of carbon capture and sequestration

technologies.

‘‘Sec. 781. Oversight of allocations.

‘‘Sec. 782. Early action recognition.

‘‘Sec. 783. Establishment of Deficit Reduction Fund.

Subtitle C—Additional Greenhouse Gas Standards

Sec. 121. Greenhouse gas standards.

‘‘TITLE VIII—ADDITIONAL GREENHOUSE GAS STANDARDS

‘‘Sec. 801. Definitions.

‘‘PART A—STATIONARY SOURCE STANDARDS

‘‘Sec. 811. Standards of performance.

Sec. 122. HFC regulation.

‘‘Sec. 619. Hydrofluorocarbons (HFCs).

Sec. 123. Black carbon.

‘‘PART E—BLACK CARBON

‘‘Sec. 851. Black carbon.

Sec. 124. States.

Sec. 125. State programs.

‘‘PART F—MISCELLANEOUS

‘‘Sec. 861. State programs.

‘‘Sec. 862. Grants for support of air pollution control programs.

Sec. 126. Enforcement.

Sec. 127. Conforming amendments.

Sec. 128. Davis-Bacon compliance.

Subtitle D—Carbon Market Assurance

Sec. 131. Carbon market assurance.

Subtitle E—Ensuring Real Reductions in Industrial Emissions

Sec. 141. Ensuring real reductions in industrial emissions.

‘‘PART F—ENSURING REAL REDUCTIONS IN INDUSTRIAL EMISSIONS

‘‘Sec. 761. Purposes.

‘‘Sec. 762. Definitions.

‘‘Sec. 763. Eligible industrial sectors.

‘‘Sec. 764. Distribution of emission allowance rebates.

‘‘Sec. 765. International trade.

TITLE II—PROGRAM ALLOCATIONS

Sec. 201. Investment in clean vehicle technology. 7

O:\DEC\DEC09670.xml [file 1 of 5] S.L.C.

Sec. 202. State and local investment in energy efficiency and renewable energy.

Sec. 203. Energy efficiency in building codes.

Sec. 204. Building retrofit program.

Sec. 205. Energy Innovation Hubs.

Sec. 206. ARPA–E research.

Sec. 207. International clean energy deployment program.

Sec. 208. International climate change adaptation and global security.

Sec. 209. Energy efficiency and renewable energy worker training.

Sec. 210. Worker transition.

Sec. 211. State programs for greenhouse gas reduction and climate adaptation.

Sec. 212. Climate Change Health Protection and Promotion Fund.

Sec. 213. Climate change safeguards for natural resources conservation.

Sec. 214. Nuclear worker training.

Sec. 215. Supplemental agriculture, renewable energy, and forestry.

1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) the United States can take back control of

4 the energy future of the United States, strengthen

5 economic competitiveness, safeguard the health of

6 families and the environment, and ensure the na-

7 tional security, of the United States by increasing

8 energy independence;

9 (2) creating a clean energy future requires a

10 comprehensive approach that includes support for

11 the improvement of all energy sources, including

12 coal, natural gas, nuclear power, and renewable gen-

13 eration;

14 (3) efficiency in the energy sector also rep-

15 resents a critical avenue to reduce energy consump-

16 tion and carbon pollution, and those benefits can be

17 captured while generating additional savings for con-

18 sumers; 8

O:\DEC\DEC09670.xml [file 1 of 5] S.L.C.

1 (4) substantially increasing the investment in

2 the clean energy future of the United States will

3 provide economic opportunities to millions of people

4 in the United States and drive future economic

5 growth in this country;

6 (5) the United States is responsible for many of

7 the initial scientific advances in clean energy tech-

8 nology, but, as of September 2009, the United

9 States has only 5 of the top 30 leading companies

10 in solar, wind, and advanced battery technology;

11 (6) investment in the clean energy sector will

12 allow companies in the United States to retake a

13 leadership position, and the jobs created by those in-

14 vestments will significantly accelerate growth in do-

15 mestic manufacturing;

16 (7) those opportunities also will result in sub-

17 stantial employment gains in construction, a sector

18 in which the median hourly wage is 17 percent high-

19 er than the national median;

20 (8) those jobs are distributed throughout the

21 United States, and the highest clean energy economy

22 employment growth rates in the last 10 years were

23 in the States of Idaho, Nebraska, South Dakota, Or-

24 egon, and New Mexico; 9

O:\DEC\DEC09670.xml [file 1 of 5] S.L.C.

1 (9) focusing on clean energy will dramatically

2 reduce pollution and significantly improve the health

3 of families in and the environment of the United

4 States;

5 (10) moving to a low-carbon economy must pro-

6 tect the most vulnerable populations in the United

7 States, including low-income families that are par-

8 ticularly affected by volatility in energy prices;

9 (11) if unchecked, the impact of climate change

10 will include widespread effects on health and welfare,

11 including—

12 (A) increased outbreaks from waterborne

13 diseases;

14 (B) more droughts;

15 (C) diminished agricultural production;

16 (D) severe storms and floods;

17 (E) heat waves;

18 (F) wildfires; and

19 (G) a substantial rise in sea levels, due in

20 part to—

21 (i) melting mountain glaciers;

22 (ii) shrinking sea ice; and

23 (iii) thawing permafrost; 10

O:\DEC\DEC09670.xml [file 1 of 5] S.L.C.

1 (12) the most recent science indicates that the

2 changes described in paragraph (11)(G) are occur-

3 ring faster and with greater intensity than expected;

4 (13) military officials, including retired admi-

5 rals and generals, concur with the intelligence com-

6 munity that climate change acts as a threat multi-

7 plier for instability and presents significant national

8 security challenges for the United States;

9 (14) massive portions of the infrastructure of

10 the United States, including critical military infra-

11 structure, are at risk from the effects of climate

12 change;

13 (15) impacts are already being felt in local com-

14 munities within the United States as well as by at-

15 risk populations abroad;

16 (16) the Declaration of the Leaders from the

17 Major Economies Forum on Energy and Climate,

18 representing 17 of the largest economies in the

19 world, recognizes the need to limit the increase in

20 global average temperatures to within 2 degrees

21 Centigrade, as a necessary step to prevent the cata-

22 strophic consequences of climate change; and

23 (17) the United States should lead the global

24 community in combating the threat of global climate

25 change and reaching a robust international agree-11

O:\DEC\DEC09670.xml [file 1 of 5] S.L.C.

1 ment to address global warming under the United

2 Nations Framework Convention on Climate Change,

3 done at New York on May 9, 1992 (or a successor

4 agreement).

5 SEC. 3. ECONOMYWIDE EMISSION REDUCTION GOALS.

6 The goals of this Act and the amendments made by

7 this Act are to reduce steadily the quantity of United

8 States greenhouse gas emissions such that—

9 (1) in 2012, the quantity of United States

10 greenhouse gas emissions does not exceed 97 percent

11 of the quantity of United States greenhouse gas

12 emissions in 2005;

13 (2) in 2020, the quantity of United States

14 greenhouse gas emissions does not exceed 80 percent

15 of the quantity of United States greenhouse gas

16 emissions in 2005;

17 (3) in 2030, the quantity of United States

18 greenhouse gas emissions does not exceed 58 percent

19 of the quantity of United States greenhouse gas

20 emissions in 2005; and

21 (4) in 2050, the quantity of United States

22 greenhouse gas emissions does not exceed 17 percent

23 of the quantity of United States greenhouse gas

24 emissions in 2005. 12

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 SEC. 4. DEFINITIONS.

2 In this Act:

3 (1) ADMINISTRATOR.—The term ‘‘Adminis-

4 trator’’ means the Administrator of the Environ-

5 mental Protection Agency.

6 (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’

7 has the meaning given the term in section 302 of the

8 Clean Air Act (42 U.S.C. 7602).

9 (3) STATE.—The term ‘‘State’’ has the mean-

10 ing given that term in section 302 of the Clean Air

11 Act (42 U.S.C. 7602).

12 DIVISION A—AUTHORIZATIONS

13 FOR POLLUTION REDUCTION,

14 TRANSITION, AND ADAPTA-

15 TION

16 SEC. 101. STRUCTURE OF ACT.

17 (a) AUTHORIZED AND ALLOCATED PROGRAMS.—The

18 following programs authorized under this division are eli-

19 gible to receive an allocation under title VII of the Clean

20 Air Act:

21 (1) The program for greenhouse gas emission

22 reductions through transportation efficiency under

23 part C of title VIII the Clean Air Act (as added by

24 sections 112 and 113 of this division). 13

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (2) The program for nuclear worker training

2 under section 132 of this division and 214 of divi-

3 sion B.

4 (3) State recycling programs under section 154

5 of this division and section 211 of division B.

6 (4) The supplemental agriculture and forestry

7 greenhouse gas reduction and renewable energy pro-

8 gram under section 155 of this division and section

9 215 of division B.

10 (5) The program for energy efficiency in build-

11 ing codes under section 163 of this division and sec-

12 tion 203 of division B.

13 (6) The program for retrofit for energy and en-

14 vironmental performance under section 164 of this

15 division and section 204 of division B.

16 (7) The program for worker transition under

17 part 2 of subtitle A of title III of this division and

18 section 210 of division B.

19 (8) The program for public health and climate

20 change under subpart B of part 1 of subtitle C of

21 title III of this division and section 212 of division

22 B.

23 (9) The program for climate change safeguards

24 for natural resources conservation under subpart C 14

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 of part 1 of subtitle C of title III of this division and

2 section 213 of division B.

3 (10) The program for emission reductions from

4 reduced deforestation under section 753 of the Clean

5 Air Act (as added by section 322 of this division)

6 and section 771(d) of the Clean Air Act (as added

7 by section 111 of division B.

8 (11) The International Clean Energy Deploy-

9 ment Program under section 323 of this division and

10 section 207 of division B.

11 (12) The international climate change adapta-

12 tion and global security program under 324 of this

13 division and section 208 of division B.

14 (13) The program for water system mitigation

15 and adaptation partnerships under section 381 of

16 this division and section 211 of division B.

17 (14) The program for flood control, protection,

18 prevention, and response under section 382 of this

19 division and section 211 of division B.

20 (15) The program for wildfire under section

21 383 of this division and section 211 of division B.

22 (16) The Coastal and Great Lakes State Adap-

23 tation Program under section 384 of this division

24 and section 211 of division B. 15

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (b) ALLOCATED PROGRAMS.—The following alloca-

2 tions are provided under title VII of the Clean Air Act:

3 (1) The Market Stability Reserve Fund under

4 section 726 of the Clean Air Act (as added by sec-

5 tion 101 of division B).

6 (2) The program to ensure real reductions in

7 industrial emissions under part F of title VII of the

8 Clean Air Act (as added by section 141 of division

9 B).

10 (3) The program for electricity consumers pur-

11 suant to section 772 of the Clean Air Act (as added

12 by section 111 of division B).

13 (4) The program for natural gas consumers

14 pursuant to section 773 of the Clean Air Act (as

15 added by section 111 of division B).

16 (5) The program for home heating oil and pro-

17 pane consumers pursuant to section 774 of the

18 Clean Air Act (as added by section 111 of division

19 B).

20 (6) The program for domestic fuel production,

21 including petroleum refiners and small business re-

22 finers, under section 775 of the Clean Air Act (as

23 added by section 111 of division B).

24 (7) The program for climate change consumer

25 refunds and low- and moderate-income consumers 16

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 pursuant to section 776 of the Clean Air Act (as

2 added by section 111 of division B), including—

3 (A) consumer rebates under section 776(a)

4 of the Clean Air Act (as so added); and

5 (B) energy refunds under section 776(b) of

6 the Clean Air Act (as so added).

7 (8)  øThe program for commercial deployment

8 of carbon capture and storage technology under sec-

9 tion 780 of the Clean Air Act (as added by section

10 111 of division B)¿.

11 (9) The program for early action recognition

12 pursuant to section 782 of the Clean Air Act (as

13 added by section 111 of division B).

14 (10) The program for investment in clean vehi-

15 cle technology under section 201 of division B.

16 (11) The program for State and local invest-

17 ment in energy efficiency and renewable energy

18 under section 202 of division B.

19 (12) The program for Energy Innovation Hubs

20 pursuant to section 205 of division B.

21 (13) The program for ARPA–E research pursu-

22 ant to section 206 of division B.

23 (14) The program for energy efficiency and re-

24 newable energy worker training under section 209 of

25 division B. 17

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (15) The State programs for greenhouse gas re-

2 duction and climate adaptation pursuant to section

3 211 of division B.

4 (c) NONALLOCATED PROGRAMS.—The following pro-

5 grams are authorized under this division:

6 (1) The SmartWay Transportation Efficiency

7 Program under section 822 of the Clean Air Act (as

8 added by section 114 of this division).

9 (2) The carbon capture and sequestration dem-

10 onstration and early deployment program under sec-

11 tion 125 of this division.

12 (3) The nuclear safety and waste management

13 programs under section 133 of this division.

14 (4) Water efficiency programs under subtitle D

15 of title I of this division.

16 (5) The Office of Consumer Advocacy under

17 section 151 of this division.

18 (6) The clean technology business competition

19 grant program under section 152 of this division.

20 (7) The product carbon disclosure program

21 under section 153 of this division.

22 (8) The Economic Development Climate

23 Change Fund under section 219 of the Public Works

24 and Economic Development Act of 1965 (as added

25 by section 156 of this division). 18

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (9) The program for renewable energy under

2 section 161 of this division.

3 (10) The program for advanced biofuels under

4 section 162 of this division.

5 (11) The program for emission reductions from

6 public transportation vehicles under subtitle G of

7 title I of this division.

8 (12) The Clean Energy and Accelerated Emis-

9 sion Reduction Program under section 181 of this

10 division.

11 (13) The program for advanced natural gas

12 technologies under section 182 of this division.

13 (14) The program for advanced energy research

14 under subtitle A of title II of this division.

15 (15) The program for drinking water adapta-

16 tion, technology, education, and research under sub-

17 title B of title II of this division.

18 (16) The program for clean energy curriculum

19 development grants under section 301 of this divi-

20 sion.

21 (17) The program for Development of Informa-

22 tion and Resources clearinghouse for vocational edu-

23 cation and job training in renewable energy sectors

24 under section 302 of this division. 19

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (18) The green construction careers demonstra-

2 tion project under section 303 of this division.

3 TITLE I—GREENHOUSE GAS

4 REDUCTION PROGRAMS

5 Subtitle A—Clean Transportation

6 SEC. 111. EMISSION STANDARDS.

7 Title VIII of the Clean Air Act (as added by section

8 121 of division B) is amended by adding at the end the

9 following:

10 ‘‘PART B—MOBILE SOURCES

11 ‘‘SEC. 821. GREENHOUSE GAS EMISSION STANDARDS FOR

12 MOBILE SOURCES.

13 ‘‘(a) NEW MOTOR VEHICLES AND NEW MOTOR VE-

14 HICLE ENGINES.—(1) Pursuant to section 202(a)(1), by

15 December 31, 2010, the Administrator shall promulgate

16 standards applicable to emissions of greenhouse gases

17 from new heavy-duty motor vehicles or new heavy-duty

18 motor vehicle engines, excluding such motor vehicles cov-

19 ered by the Tier II standards (as established by the Ad-

20 ministrator as of the date of the enactment of this sec-

21 tion). The Administrator may revise these standards from

22 time to time.

23 ‘‘(2) Regulations issued under section 202(a)(1) ap-

24 plicable to emissions of greenhouse gases from new heavy-

25 duty motor vehicles or new heavy-duty motor vehicle en-20

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 gines, excluding such motor vehicles covered by the Tier

2 II standards (as established by the Administrator as of

3 the date of the enactment of this section), shall contain

4 standards that reflect the greatest degree of emissions re-

5 duction achievable through the application of technology

6 which the Administrator determines will be available for

7 the model year to which such standards apply, giving ap-

8 propriate consideration to cost, energy, and safety factors

9 associated with the application of such technology. Any

10 such regulations shall take effect after such period as the

11 Administrator finds necessary to permit the development

12 and application of the requisite technology, and, at a min-

13 imum, shall apply for a period no less than 3 model years

14 beginning no earlier than the model year commencing 4

15 years after such regulations are promulgated.

16 ‘‘(3) Regulations issued under section 202(a)(1) ap-

17 plicable to emissions of greenhouse gases from new heavy-

18 duty motor vehicles or new heavy-duty motor vehicle en-

19 gines, excluding such motor vehicles covered by the Tier

20 II standards (as established by the Administrator as of

21 the date of the enactment of this section), shall supersede

22 and satisfy any and all of the rulemaking and compliance

23 requirements of section 32902(k) of title 49, United

24 States Code. 21

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 ‘‘(4) Other than as specifically set forth in paragraph

2 (3) of this subsection, nothing in this section shall affect

3 or otherwise increase or diminish the authority of the Sec-

4 retary of Transportation to adopt regulations to improve

5 the overall fuel efficiency of the commercial goods move-

6 ment system.

7 ‘‘(b) NONROAD VEHICLES AND ENGINES.—(1) Pur-

8 suant to section 213(a)(4) and (5), the Administrator

9 shall identify those classes or categories of new nonroad

10 vehicles or engines, or combinations of such classes or cat-

11 egories, that, in the judgment of the Administrator, both

12 contribute significantly to the total emissions of green-

13 house gases from nonroad engines and vehicles, and pro-

14 vide the greatest potential for significant and cost-effective

15 reductions in emissions of greenhouse gases. The Adminis-

16 trator shall promulgate standards applicable to emissions

17 of greenhouse gases from these new nonroad engines or

18 vehicles by December 31, 2012. The Administrator shall

19 also promulgate standards applicable to emissions of

20 greenhouse gases for such other classes and categories of

21 new nonroad vehicles and engines as the Administrator de-

22 termines appropriate and in the timeframe the Adminis-

23 trator determines appropriate. The Administrator shall

24 base such determination, among other factors, on the rel-

25 ative contribution of greenhouse gas emissions, and the 22

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 costs for achieving reductions, from such classes or cat-

2 egories of new nonroad engines and vehicles. The Adminis-

3 trator may revise these standards from time to time.

4 ‘‘(2) Standards under section 213(a)(4) and (5) ap-

5 plicable to emissions of greenhouse gases from those class-

6 es or categories of new nonroad engines or vehicles identi-

7 fied in the first sentence of paragraph (1) of this sub-

8 section, shall achieve the greatest degree of emissions re-

9 duction achievable based on the application of technology

10 which the Administrator determines will be available at

11 the time such standards take effect, taking into consider-

12 ation cost, energy, and safety factors associated with the

13 application of such technology. Any such regulations shall

14 take effect at the earliest possible date after such period

15 as the Administrator finds necessary to permit the devel-

16 opment and application of the requisite technology, giving

17 appropriate consideration to the cost of compliance within

18 such period, the applicable compliance dates for other

19 standards, and other appropriate factors, including the pe-

20 riod of time appropriate for the transfer of applicable tech-

21 nology from other applications, including motor vehicles,

22 and the period of time in which previously promulgated

23 regulations have been in effect.

24 ‘‘(3) For purposes of this section and standards

25 under section 213(a)(4) or (5) applicable to emissions of 23

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 greenhouse gases, the term ‘nonroad engines and vehicles’

2 shall include non-internal combustion engines and the ve-

3 hicles these engines power (such as electric engines and

4 electric vehicles), for those non-internal combustion en-

5 gines and vehicles which would be in the same category

6 and have the same uses as nonroad engines and vehicles

7 that are powered by internal combustion engines.

8 ‘‘(c) AVERAGING, BANKING, AND TRADING OF EMIS-

9 SIONS CREDITS.—In establishing standards applicable to

10 emissions of greenhouse gases pursuant to this section and

11 sections 202(a), 213(a)(4) and (5), and 231(a), the Ad-

12 ministrator may establish provisions for averaging, bank-

13 ing, and trading of greenhouse gas emissions credits with-

14 in or across classes or categories of motor vehicles and

15 motor vehicle engines, nonroad vehicles and engines (in-

16 cluding marine vessels), and aircraft and aircraft engines,

17 to the extent the Administrator determines appropriate

18 and considering the factors appropriate in setting stand-

19 ards under those sections. Such provisions may include

20 reasonable and appropriate provisions concerning genera-

21 tion, banking, trading, duration, and use of credits.

22 ‘‘(d) REPORTS.—The Administrator shall, from time

23 to time, submit a report to Congress that projects the

24 amount of greenhouse gas emissions from the transpor-

25 tation sector, including transportation fuels, for the years 24

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 2030 and 2050, based on the standards adopted under

2 this section.

3 ‘‘(e) GREENHOUSE GASES.—Notwithstanding the

4 provisions of section 711, hydrofluorocarbons shall be con-

5 sidered a greenhouse gas for purposes of this section.’’.

6 SEC. 112. GREENHOUSE GAS EMISSION REDUCTIONS

7 THROUGH TRANSPORTATION EFFICIENCY.

8 (a) ENVIRONMENTAL PROTECTION AGENCY.—Title

9 VIII of the Clean Air Act (as amended by section 111

10 of this division) is amended by adding at the end the fol-

11 lowing:

12 ‘‘PART C—TRANSPORTATION EMISSIONS

13 ‘‘SEC. 831. GREENHOUSE GAS EMISSION REDUCTIONS

14 THROUGH TRANSPORTATION EFFICIENCY.

15 ‘‘(a) IN GENERAL.—The Administrator, in consulta-

16 tion with the Secretary of Transportation (referred to in

17 this part as the ‘Secretary’), shall promulgate, and update

18 from time to time, regulations to establish—

19 ‘‘(1) national transportation-related greenhouse

20 gas emission reduction goals that are commensurate

21 with the emission reduction goals established under

22 the Clean Energy Jobs and American Power Act

23 and amendments made by that Act;

24 ‘‘(2) standardized emission models and related

25 methods, to be used by States, metropolitan plan-25

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 ning organizations, and air quality agencies to ad-

2 dress emission reduction goals, including—

3 ‘‘(A) the development of surface transpor-

4 tation-related greenhouse gas emission reduc-

5 tion targets pursuant to sections 134 and 135

6 of title 23, and sections 5303 and 5304 of title

7 49, United States Code;

8 ‘‘(B) the assessment of projected surface

9 transportation-related greenhouse gas emissions

10 from transportation strategies;

11 ‘‘(C) the assessment of projected surface

12 transportation-related greenhouse gas emissions

13 from State and regional transportation plans;

14 ‘‘(D) the establishment of surface trans-

15 portation-related greenhouse gas emission base-

16 lines at a national, State, and regional level;

17 and

18 ‘‘(E) the measurement and assessment of

19 actual surface transportation-related emissions

20 to assess progress toward achievement of emis-

21 sion targets at the State and regional level;

22 ‘‘(3) methods for collection of data on transpor-

23 tation-related greenhouse gas emissions; and

24 ‘‘(4) publication and distribution of successful

25 strategies employed by States, metropolitan planning 26

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 organizations, and other entities to reduce transpor-

2 tation-related greenhouse gas emissions.

3 ‘‘(b) ROLE OF DEPARTMENT OF TRANSPOR-

4 TATION.—The Secretary, in consultation with the Admin-

5 istrator, shall promulgate, and update from time to time,

6 regulations—

7 ‘‘(1) to improve the ability of transportation

8 planning models and tools, including travel demand

9 models, to address greenhouse gas emissions;

10 ‘‘(2) to assess projected surface transportation-

11 related travel activity and transportation strategies

12 from State and regional transportation plans; and

13 ‘‘(3) to update transportation planning require-

14 ments and approval of transportation plans as nec-

15 essary to carry out this section.

16 ‘‘(c) CONSULTATION AND MODELS.—In promul-

17 gating the regulations, the Administrator and the Sec-

18 retary—

19 ‘‘(1) shall consult with States, metropolitan

20 planning organizations, and air quality agencies;

21 ‘‘(2) may use existing models and methodolo-

22 gies if the models and methodologies are widely con-

23 sidered to reflect the best practicable modeling or

24 methodological approach for assessing actual and

25 projected transportation-related greenhouse gas 27

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 emissions from transportation plans and projects;

2 and

3 ‘‘(3) shall consider previously developed plans

4 that were based on models and methodologies for re-

5 ducing greenhouse gas emissions in applying those

6 regulations to the first approvals after promulgation.

7 ‘‘(d) TIMING.—The Administrator and the Secretary

8 shall—

9 ‘‘(1) publish proposed regulations under sub-

10 sections (a) and (b) not later than 1 year after the

11 date of enactment of this section; and

12 ‘‘(2) promulgate final regulations under sub-

13 sections (a) and (b) not later than 18 months after

14 the date of enactment of this section.

15 ‘‘(e) ASSESSMENT.—

16 ‘‘(1) IN GENERAL.—At least every 6 years after

17 promulgating final regulations under subsections (a)

18 and (b), the Administrator and the Secretary shall

19 jointly assess current and projected progress in re-

20 ducing national transportation-related greenhouse

21 gas emissions.

22 ‘‘(2) REQUIREMENTS.—The assessment shall

23 examine the contributions to emission reductions at-

24 tributable to—

25 ‘‘(A) improvements in vehicle efficiency; 28

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 ‘‘(B) greenhouse gas performance of trans-

2 portation fuels;

3 ‘‘(C) reductions in vehicle miles traveled;

4 ‘‘(D) changes in consumer demand and use

5 of transportation management systems; and

6 ‘‘(E) any other greenhouse gas-related

7 transportation policies enacted by Congress.

8 ‘‘(3) RESULTS OF ASSESSMENT.—The Sec-

9 retary and the Administrator shall consider—

10 ‘‘(A) the results of the assessment con-

11 ducted under this subsection; and

12 ‘‘(B) based on those results, whether tech-

13 nical or other updates to regulations required

14 under this section and sections 134 and 135 of

15 title 23, and sections 5303 and 5304 of title 49,

16 United States Code, are necessary.’’.

17 (b) METROPOLITAN PLANNING ORGANIZATIONS.—

18 (1) TITLE 23.—Section 134 of title 23, United

19 States Code, is amended—

20 (A) in subsection (a)(1)—

21 (i) by striking ‘‘minimizing’’ and in-

22 serting ‘‘reducing’’; and

23 (ii) by inserting ‘‘, reliance on oil, im-

24 pacts on the environment, transportation- 29

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 related greenhouse gas emissions,’’ after

2 ‘‘consumption’’;

3 (B) in subsection (h)(1)(E)—

4 (i) by inserting ‘‘sustainability, and

5 livability, reduce surface transportation-re-

6 lated greenhouse gas emissions and reli-

7 ance on oil, adapt to the effects of climate

8 change,’’ after ‘‘energy conservation,’’;

9 (ii) by inserting ‘‘and public health’’

10 after ‘‘quality of life’’; and

11 (iii) by inserting ‘‘, including housing

12 and land use patterns’’ after ‘‘development

13 patterns’’;

14 (C) in subsection (i)—

15 (i) in paragraph (4)(A)—

16 (I) by striking ‘‘consult, as ap-

17 propriate,’’ and inserting ‘‘cooperate’’;

18 (II) by inserting ‘‘transportation,

19 public transportation, air quality, and

20 housing, and shall consult, as appro-

21 priate, with State and local agencies

22 responsible for’’ after ‘‘responsible

23 for’’ and

24 (III) by inserting ‘‘public

25 health,’’ after ‘‘conservation,’’; and 30

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (ii) in paragraph (5)(C)(iii), by insert-

2 ing ‘‘and through the website of the metro-

3 politan planning organization, including

4 emission reduction targets and strategies

5 developed under subsection (k)(6), includ-

6 ing an analysis of the anticipated effects of

7 the targets and strategies,’’ after ‘‘World

8 Wide Web’’; and

9 (D) in subsection (k), by adding at the end

10 the following:

11 ‘‘(6) TRANSPORTATION GREENHOUSE GAS RE-

12 DUCTION EFFORTS.—

13 ‘‘(A) IN GENERAL.—Within a metropolitan

14 planning area serving a transportation manage-

15 ment area, the transportation planning process

16 under this section shall address transportation-

17 related greenhouse gas emissions by including

18 emission reduction targets and strategies to

19 meet those targets.

20 ‘‘(B) ELIGIBLE ORGANIZATIONS.—

21 ‘‘(i) MPOS  WITHIN TMAS.—All provi-

22 sions and requirements of this section, in-

23 cluding the requirements of the transpor-

24 tation greenhouse gas reduction efforts,

25 shall apply to metropolitan planning orga-31

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 nizations that also serve as transportation

2 management areas.

3 ‘‘(ii) OTHER MPOS.—A metropolitan

4 planning organization that does not serve

5 as a transportation management area—

6 ‘‘(I) may develop transportation

7 greenhouse gas emission reduction

8 targets and strategies to meet those

9 targets; and

10 ‘‘(II) if those targets and strate-

11 gies are developed, shall be subject to

12 all applicable provisions and require-

13 ments of this section and the Clean

14 Energy Jobs and American Power

15 Act, including requirements of the

16 transportation greenhouse gas reduc-

17 tion efforts.

18 ‘‘(C) ESTABLISHMENT OF TARGETS AND

19 CRITERIA.—

20 ‘‘(i) IN GENERAL.—Not later than 2

21 years after the promulgation of the final

22 regulations required under section 831 of

23 the Clean Air Act, each metropolitan plan-

24 ning organization that also serves as a

25 transportation management area shall de-32

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 velop surface transportation-related green-

2 house gas emission reduction targets, as

3 well as strategies to meet those targets, in

4 consultation with State air agencies as

5 part of the metropolitan transportation

6 planning process under this section.

7 ‘‘(ii) MULTIPLE DESIGNATIONS.—If

8 more than 1 metropolitan planning organi-

9 zation has been designated within a metro-

10 politan area, each metropolitan planning

11 organization shall coordinate with other

12 metropolitan planning organizations in the

13 same metropolitan area to develop the tar-

14 gets and strategies described in clause (i).

15 ‘‘(iii) MINIMUM REQUIREMENTS.—

16 Each metropolitan transportation plan de-

17 veloped by a metropolitan planning organi-

18 zation under clause (i) shall, within the

19 plan, demonstrate progress in stabilizing

20 and reducing transportation-related green-

21 house gas emissions so as to contribute to

22 the achievement of State targets pursuant

23 to section 135(f)(9).

24 ‘‘(iv) REQUIREMENTS FOR TARGETS

25 AND STRATEGIES.—The targets and strat-33

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 egies developed under this subparagraph

2 shall, at a minimum—

3 ‘‘(I) be based on the emission

4 and travel demand models and related

5 methodologies established in the final

6 regulations required under section

7 831 of the Clean Air Act;

8 ‘‘(II) inventory all sources of sur-

9 face transportation-related greenhouse

10 gas emissions;

11 ‘‘(III) apply to those modes of

12 surface transportation that are ad-

13 dressed in the planning process under

14 this section;

15 ‘‘(IV) be integrated and con-

16 sistent with regional transportation

17 plans and transportation improvement

18 programs; and

19 ‘‘(V) be selected through scenario

20 analysis, and include, pursuant to the

21 requirements of the transportation

22 planning process under this section,

23 transportation investment and man-

24 agement strategies that reduce green-

25 house gas emissions from the trans-34

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 portation sector over the life of the

2 plan, such as—

3 ‘‘(aa) efforts to increase

4 public transportation ridership,

5 including through service im-

6 provements, capacity expansions,

7 and access enhancement;

8 ‘‘(bb) efforts to increase

9 walking, bicycling, and other

10 forms of nonmotorized transpor-

11 tation;

12 ‘‘(cc) implementation of zon-

13 ing and other land use regula-

14 tions and plans to support infill,

15 transit-oriented development, re-

16 development, or mixed use devel-

17 opment;

18 ‘‘(dd) travel demand man-

19 agement programs (including

20 carpool, vanpool, or car-share

21 projects), transportation pricing

22 measures, parking policies, and

23 programs to promote telecom-

24 muting, flexible work schedules,

25 and satellite work centers; 35

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 ‘‘(ee) surface transportation

2 system operation improvements,

3 including intelligent transpor-

4 tation systems or other oper-

5 ational improvements to reduce

6 long-term greenhouse gas emis-

7 sions through reduced congestion

8 and improved system manage-

9 ment;

10 ‘‘(ff) intercity passenger rail

11 improvements;

12 ‘‘(gg) intercity bus improve-

13 ments;

14 ‘‘(hh) freight rail improve-

15 ments;

16 ‘‘(ii) use of materials or

17 equipment associated with the

18 construction or maintenance of

19 transportation projects that re-

20 duce greenhouse gas emissions;

21 ‘‘(jj) public facilities for sup-

22 plying electricity to electric or

23 plug-in hybrid-electric vehicles; or

24 ‘‘(kk) any other effort that

25 demonstrates progress in reduc-36

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 ing transportation-related green-

2 house gas emissions in each met-

3 ropolitan planning organization

4 under this subsection.

5 ‘‘(D) REVIEW AND APPROVAL.—Not later

6 than 180 days after the date of submission of

7 a plan under this section—

8 ‘‘(i) the Secretary and the Adminis-

9 trator shall review the plan; and

10 ‘‘(ii) the Secretary shall approve a

11 plan developed by a metropolitan planning

12 organization pursuant to subparagraph (C)

13 if—

14 ‘‘(I) the Secretary finds that a

15 metropolitan planning organization

16 has developed, submitted, and pub-

17 lished the plan of the metropolitan

18 planning organization pursuant to this

19 section;

20 ‘‘(II) the Secretary, in consulta-

21 tion with the Administrator, deter-

22 mines that the plan is likely to achieve

23 the targets established by the metro-

24 politan planning organization under

25 this subsection; and 37

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 ‘‘(III) the development of the

2 plan complies with the minimum re-

3 quirements established under clauses

4 (iii) and (iv) of subparagraph (C).

5 ‘‘(E) CERTIFICATION.—Failure to comply

6 with the requirements under subparagraph (C)

7 shall not impact certification standards under

8 paragraph (5).

9 ‘‘(7) DEFINITION OF METROPOLITAN PLANNING

10 ORGANIZATION.—In this subsection, the term ‘met-

11 ropolitan planning organization’ means a metropoli-

12 tan planning organization described in clause (i) or

13 (ii) of paragraph (6)(B).

14 ‘‘(8) SCENARIO ANALYSIS.—The term ‘scenario

15 analysis’ means the use of a planning tool that—

16 ‘‘(A) develops a range of scenarios rep-

17 resenting various combinations of transpor-

18 tation and land use strategies, and estimates of

19 how each of those scenarios would perform in

20 meeting the greenhouse gas emission reduction

21 targets based on analysis of various forces

22 (such as health, transportation, economic or en-

23 vironmental factors, and land use) that affect

24 growth;

25 ‘‘(B) may include features such as— 38

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 ‘‘(i) the involvement of the general

2 public, key stakeholders, and elected offi-

3 cials on a broad scale;

4 ‘‘(ii) the creation of an opportunity

5 for those participants to educate each

6 other as to growth trends and trade-offs,

7 as a means to incorporate values and feed-

8 back into future plans; and

9 ‘‘(iii) the use of continuing efforts and

10 ongoing processes; and

11 ‘‘(C) may include key elements such as—

12 ‘‘(i) identification of the driving forces

13 behind planning decisions and outcomes;

14 ‘‘(ii) determination of patterns of

15 interaction;

16 ‘‘(iii) creation of scenarios for discus-

17 sion purposes;

18 ‘‘(iv) analysis of implications;

19 ‘‘(v) evaluation of scenarios; and

20 ‘‘(vi) use of monitoring indicators.’’.

21 (2) TITLE 49.—Section 5303 of title 49, United

22 States Code, is amended—

23 (A) in subsection (a)(1)—

24 (i) by striking ‘‘minimizing’’ and in-

25 serting ‘‘reducing’’; and 39

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (ii) by inserting ‘‘, reliance on oil, im-

2 pacts on the environment, transportation-

3 related greenhouse gas emissions,’’ after

4 ‘‘consumption’’;

5 (B) in subsection (h)(1)(E)—

6 (i) by inserting ‘‘sustainability, and

7 livability, reduce surface transportation-re-

8 lated greenhouse gas emissions and reli-

9 ance on oil, adapt to the effects of climate

10 change,’’ after ‘‘energy conservation,’’;

11 (ii) by inserting ‘‘and public health’’

12 after ‘‘quality of life’’; and

13 (iii) by inserting ‘‘, including housing

14 and land use patterns’’ after ‘‘development

15 patterns’’;

16 (C) in subsection (i)—

17 (i) in paragraph (4)(A)—

18 (I) by striking ‘‘consult, as ap-

19 propriate,’’ and inserting ‘‘cooperate’’;

20 (II) by inserting ‘‘transportation,

21 public transportation, air quality, and

22 housing, and shall consult, as appro-

23 priate, with State and local agencies

24 responsible for’’ after ‘‘responsible

25 for’’ and 40

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (III) by inserting ‘‘public

2 health,’’ after ‘‘conservation,’’; and

3 (ii) in paragraph (5)(C)(iii), by insert-

4 ing ‘‘and through the website of the metro-

5 politan planning organization, including

6 emission reduction targets and strategies

7 developed under subsection (k)(6), includ-

8 ing an analysis of the anticipated effects of

9 the targets and strategies,’’ after ‘‘World

10 Wide Web’’; and

11 (D) in subsection (k), by adding at the end

12 the following:

13 ‘‘(6) TRANSPORTATION GREENHOUSE GAS RE-

14 DUCTION EFFORTS.—

15 ‘‘(A) IN GENERAL.—Within a metropolitan

16 planning area serving a transportation manage-

17 ment area, the transportation planning process

18 under this section shall address transportation-

19 related greenhouse gas emissions by including

20 emission reduction targets and strategies to

21 meet those targets.

22 ‘‘(B) ELIGIBLE ORGANIZATIONS.—

23 ‘‘(i) IN GENERAL.—The requirements

24 of the transportation greenhouse gas re-

25 duction efforts shall apply only to metro-41

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 politan planning organizations within a

2 transportation management area.

3 ‘‘(ii) DEVELOPMENT OF PLAN.—A

4 metropolitan planning organization that

5 does not serve as a transportation manage-

6 ment area—

7 ‘‘(I) may develop transportation

8 greenhouse gas emission reduction

9 targets and strategies to meet those

10 targets; and

11 ‘‘(II) if those targets and strate-

12 gies are developed, shall be subject to

13 all provisions and requirements of this

14 section, including requirements of the

15 transportation greenhouse gas reduc-

16 tion efforts.

17 ‘‘(C) ESTABLISHMENT OF TARGETS AND

18 CRITERIA.—

19 ‘‘(i) IN GENERAL.—Not later than 2

20 years after the promulgation of the final

21 regulations required under section 831 of

22 the Clean Air Act, each metropolitan plan-

23 ning organization shall develop surface

24 transportation-related greenhouse gas

25 emission reduction targets, as well as 42

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 strategies to meet those targets, in con-

2 sultation with State air agencies as part of

3 the metropolitan transportation planning

4 process under this section.

5 ‘‘(ii) MULTIPLE DESIGNATIONS.—If

6 more than 1 metropolitan planning organi-

7 zation has been designated within a metro-

8 politan area, each metropolitan planning

9 organization shall coordinate with other

10 metropolitan planning organizations in the

11 same metropolitan area to develop the tar-

12 gets and strategies described in clause (i).

13 ‘‘(iii) MINIMUM REQUIREMENTS.—

14 Each metropolitan transportation plan de-

15 veloped by a metropolitan planning organi-

16 zation under clause (i) shall, within the

17 plan, demonstrate progress in stabilizing

18 and reducing transportation-related green-

19 house gas emissions so as to contribute to

20 the achievement of State targets pursuant

21 to section 135(f)(9) of title 23.

22 ‘‘(iv) REQUIREMENTS FOR TARGETS

23 AND STRATEGIES.—The targets and strat-

24 egies developed under this subparagraph

25 shall, at a minimum— 43

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 ‘‘(I) be based on the emission

2 models and related methodologies es-

3 tablished in the final regulations re-

4 quired under section 831 of the Clean

5 Air Act;

6 ‘‘(II) inventory all sources of sur-

7 face transportation-related greenhouse

8 gas emissions;

9 ‘‘(III) apply to those modes of

10 surface transportation that are ad-

11 dressed in the planning process under

12 this section;

13 ‘‘(IV) be integrated and con-

14 sistent with regional transportation

15 plans and transportation improvement

16 programs; and

17 ‘‘(V) be selected through scenario

18 analysis (as defined in section 134(k)

19 of title 23), and include, pursuant to

20 the requirements of the transportation

21 planning process under this section,

22 transportation investment and man-

23 agement strategies that reduce green-

24 house gas emissions from the trans-44

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 portation sector over the life of the

2 plan, such as—

3 ‘‘(aa) efforts to increase

4 public transportation ridership,

5 including through service im-

6 provements, capacity expansions,

7 and access enhancement;

8 ‘‘(bb) efforts to increase

9 walking, bicycling, and other

10 forms of nonmotorized transpor-

11 tation;

12 ‘‘(cc) implementation of zon-

13 ing and other land use regula-

14 tions and plans to support infill,

15 transit-oriented development, re-

16 development, or mixed use devel-

17 opment;

18 ‘‘(dd) travel demand man-

19 agement programs (including

20 carpool, vanpool, or car-share

21 projects), transportation pricing

22 measures, parking policies, and

23 programs to promote telecom-

24 muting, flexible work schedules,

25 and satellite work centers; 45

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 ‘‘(ee) surface transportation

2 system operation improvements,

3 including intelligent transpor-

4 tation systems or other oper-

5 ational improvements to reduce

6 long-term greenhouse gas emis-

7 sions through reduced congestion

8 and improved system manage-

9 ment;

10 ‘‘(ff) intercity passenger rail

11 improvements;

12 ‘‘(gg) intercity bus improve-

13 ments;

14 ‘‘(hh) freight rail improve-

15 ments;

16 ‘‘(ii) use of materials or

17 equipment associated with the

18 construction or maintenance of

19 transportation projects that re-

20 duce greenhouse gas emissions;

21 ‘‘(jj) public facilities for sup-

22 plying electricity to electric or

23 plug-in hybrid-electric vehicles; or

24 ‘‘(kk) any other effort that

25 demonstrates progress in reduc-46

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 ing transportation-related green-

2 house gas emissions in each met-

3 ropolitan planning organization

4 under this subsection.

5 ‘‘(D) REVIEW AND APPROVAL.—Not later

6 than 180 days after the date of submission of

7 a plan under this section—

8 ‘‘(i) the Secretary and the Adminis-

9 trator shall review the plan; and

10 ‘‘(ii) the Secretary shall approve a

11 plan developed by a metropolitan planning

12 organization pursuant to subparagraph (C)

13 if—

14 ‘‘(I) the Secretary finds that a

15 metropolitan planning organization

16 has developed, submitted, and pub-

17 lished the plan of the metropolitan

18 planning organization pursuant to this

19 section;

20 ‘‘(II) the Secretary, in consulta-

21 tion with the Administrator, deter-

22 mines that the plan is likely to achieve

23 the targets established by the metro-

24 politan planning organization under

25 this subsection; and 47

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 ‘‘(III) the development of the

2 plan complies with the minimum re-

3 quirements established under clauses

4 (iii) and (iv) of subparagraph (C).

5 ‘‘(E) CERTIFICATION.—Failure to comply

6 with the requirements under subparagraph (C)

7 shall not impact certification standards under

8 paragraph (5).

9 ‘‘(7) DEFINITION OF METROPOLITAN PLANNING

10 ORGANIZATION.—In this subsection, the term ‘met-

11 ropolitan planning organization’ means a metropoli-

12 tan planning organization described in clause (i) or

13 (ii) of paragraph (6)(B).’’.

14 (c) STATES.—

15 (1) TITLE 23.—Section 135 of title 23, United

16 States Code, is amended—

17 (A) in subsection (d)(1)(E)—

18 (i) by inserting ‘‘sustainability, and

19 livability, reduce surface transportation-re-

20 lated greenhouse gas emissions and reli-

21 ance on oil, adapt to the effects of climate

22 change,’’ after ‘‘energy conservation,’’;

23 (ii) by inserting ‘‘and public health’’

24 after ‘‘quality of life’’; and 48

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (iii) by inserting ‘‘, including housing

2 and land use patterns’’ after ‘‘development

3 patterns’’; and

4 (B) in subsection (f)—

5 (i) in paragraph (2)(D)(i)—

6 (I) by striking ‘‘, as appropriate,

7 in consultation’’ and inserting ‘‘in co-

8 operation’’;

9 (II) by inserting ‘‘State and local

10 agencies responsible for transpor-

11 tation, public transportation, air qual-

12 ity, and housing and in consultation

13 with’’ before ‘‘State, tribal’’; and

14 (III) by inserting ‘‘public

15 health,’’ after ‘‘conservation,’’;

16 (ii) in paragraph (3)(B)(iii), by insert-

17 ing ‘‘and through the website of the State,

18 including emission reduction targets and

19 strategies developed under paragraph (9)

20 and an analysis of the anticipated effects

21 of the targets and strategies’’ after ‘‘World

22 Wide Web’’; and

23 (iii) by adding at the end the fol-

24 lowing: 49

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 ‘‘(9) TRANSPORTATION GREENHOUSE GAS RE-

2 DUCTION EFFORTS.—

3 ‘‘(A) IN GENERAL.—Within a State, the

4 transportation planning process under this sec-

5 tion, shall address transportation-related green-

6 house gas emissions by including emission re-

7 duction targets and strategies to meet those

8 targets.

9 ‘‘(B) ESTABLISHMENT OF TARGETS AND

10 CRITERIA.—

11 ‘‘(i) IN GENERAL.—Not later than 2

12 years after the promulgation of the final

13 regulations required under section 831 of

14 the Clean Air Act, each State shall develop

15 surface transportation-related greenhouse

16 gas emission reduction targets, as well as

17 strategies to meet those targets, in con-

18 sultation with State air agencies as part of

19 the transportation planning process under

20 this section.

21 ‘‘(ii) MINIMUM REQUIREMENTS.—

22 Each transportation plan developed by a

23 State under clause (i) shall, within the

24 plan, demonstrate progress in stabilizing

25 and reducing transportation-related green-50

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 house gas emissions in the State so as to

2 contribute to the achievement of national

3 targets pursuant to section 831(a)(1) of

4 the Clean Air Act.

5 ‘‘(iii) REQUIREMENTS FOR TARGETS

6 AND STRATEGIES.—The targets and strat-

7 egies developed under this subparagraph

8 shall, at a minimum—

9 ‘‘(I) be based on the emission

10 models and related methodologies es-

11 tablished in the final regulations re-

12 quired under section 831 of the Clean

13 Air Act;

14 ‘‘(II) inventory all sources of sur-

15 face transportation-related greenhouse

16 gas emissions;

17 ‘‘(III) apply to those modes of

18 surface transportation that are ad-

19 dressed in the planning process under

20 this section;

21 ‘‘(IV) be integrated and con-

22 sistent with statewide transportation

23 plans and statewide transportation

24 improvement programs; and 51

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 ‘‘(V) be selected through scenario

2 analysis (as defined in section

3 134(k)), and include, pursuant to the

4 requirements of the transportation

5 planning process under this section,

6 transportation investment and man-

7 agement strategies that reduce green-

8 house gas emissions from the trans-

9 portation sector over the life of the

10 plan, such as—

11 ‘‘(aa) efforts to increase

12 public transportation ridership,

13 including through service im-

14 provements, capacity expansions,

15 and access enhancement;

16 ‘‘(bb) efforts to increase

17 walking, bicycling, and other

18 forms of nonmotorized transpor-

19 tation;

20 ‘‘(cc) implementation of zon-

21 ing and other land use regula-

22 tions and plans to support infill,

23 transit-oriented development, re-

24 development, or mixed use devel-

25 opment; 52

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 ‘‘(dd) travel demand man-

2 agement programs (including

3 carpool, vanpool, or car-share

4 projects), transportation pricing

5 measures, parking policies, and

6 programs to promote telecom-

7 muting, flexible work schedules,

8 and satellite work centers;

9 ‘‘(ee) surface transportation

10 system operation improvements,

11 including intelligent transpor-

12 tation systems or other oper-

13 ational improvements to reduce

14 congestion and improve system

15 management;

16 ‘‘(ff) intercity passenger rail

17 improvements;

18 ‘‘(gg) intercity bus improve-

19 ments;

20 ‘‘(hh) freight rail improve-

21 ments;

22 ‘‘(ii) use of materials or

23 equipment associated with the

24 construction or maintenance of 53

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 transportation projects that re-

2 duce greenhouse gas emissions;

3 ‘‘(jj) public facilities for sup-

4 plying electricity to electric or

5 plug-in hybrid-electric vehicles; or

6 ‘‘(kk) any other effort that

7 demonstrates progress in reduc-

8 ing transportation-related green-

9 house gas emissions.

10 ‘‘(C) COORDINATION AND CONSULTATION

11 WITH PUBLIC AGENCIES.—Transportation

12 greenhouse gas targets and plans pursuant to

13 this section shall be developed—

14 ‘‘(i) in coordination with—

15 ‘‘(I) all metropolitan planning or-

16 ganizations covered by this section

17 within the State; and

18 ‘‘(II) transportation and air qual-

19 ity agencies within the State; and

20 ‘‘(ii) in consultation with representa-

21 tives of State and local housing, economic

22 development, and land use agencies.

23 ‘‘(D) ENFORCEMENT.—Not later than 180

24 days after the date of submission of a plan

25 under this section— 54

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 ‘‘(i) the Secretary and the Adminis-

2 trator shall review the plan; and

3 ‘‘(ii) the Secretary shall approve a

4 plan developed by a State pursuant to sub-

5 paragraph (B) if—

6 ‘‘(I) the Secretary finds that a

7 State has developed, submitted, and

8 published the plan pursuant to this

9 section;

10 ‘‘(II) the Secretary, in consulta-

11 tion with the Administrator, deter-

12 mines that the plan is likely to achieve

13 the targets established by the State

14 under this subsection; and

15 ‘‘(III) the development of the

16 plan complies with the minimum re-

17 quirements established under clauses

18 (ii) and (iii) of subparagraph (B).

19 ‘‘(E) PLANNING FINDING.—Failure to

20 comply with the requirements under subpara-

21 graph (B) shall not impact the planning finding

22 under subsection (g)(7).’’.

23 (2) TITLE 49.—Section 5304 of title 49, United

24 States Code is amended—

25 (A) in subsection (d)(1)(E)— 55

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (i) by inserting ‘‘sustainability, and

2 livability, reduce surface transportation-re-

3 lated greenhouse gas emissions and reli-

4 ance on oil, adapt to the effects of climate

5 change,’’ after ‘‘energy conservation,’’;

6 (ii) by inserting ‘‘and public health’’

7 after ‘‘quality of life’’; and

8 (iii) by inserting ‘‘, including housing

9 and land use patterns’’ after ‘‘development

10 patterns’’; and

11 (B) in subsection (f)—

12 (i) in paragraph (2)(D)(i)—

13 (I) by striking ‘‘, as appropriate,

14 in consultation’’ and inserting ‘‘in co-

15 operation’’;

16 (II) by inserting ‘‘State and local

17 agencies responsible for transpor-

18 tation, public transportation, air qual-

19 ity, and housing and in consultation

20 with’’ before ‘‘State, tribal’’; and

21 (III) by inserting ‘‘public

22 health,’’ after ‘‘conservation,’’;

23 (ii) in paragraph (3)(B)(iii), by insert-

24 ing ‘‘and through the website of the State,

25 including emission reduction targets and 56

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 strategies developed under paragraph (9)

2 and an analysis of the anticipated effects

3 of the targets and strategies’’ after ‘‘World

4 Wide Web’’; and

5 (iii) by adding at the end the fol-

6 lowing:

7 ‘‘(9) TRANSPORTATION GREENHOUSE GAS RE-

8 DUCTION EFFORTS.—

9 ‘‘(A) IN GENERAL.—Within a State, the

10 transportation planning process under this sec-

11 tion, shall address transportation-related green-

12 house gas emissions by including emission re-

13 duction targets and strategies to meet those

14 targets.

15 ‘‘(B) ESTABLISHMENT OF TARGETS AND

16 CRITERIA.—

17 ‘‘(i) IN GENERAL.—Not later than 2

18 years after the promulgation of the final

19 regulations required under section 831 of

20 the Clean Air Act, each State shall develop

21 surface transportation-related greenhouse

22 gas emission reduction targets, as well as

23 strategies to meet those targets, in con-

24 sultation with State air agencies as part of 57

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 the transportation planning process under

2 this section.

3 ‘‘(ii) MINIMUM REQUIREMENTS.—

4 Each transportation plan developed by a

5 State under clause (i) shall, within the

6 plan, demonstrate progress in stabilizing

7 and reducing transportation-related green-

8 house gas emissions in the State so as to

9 contribute to the achievement of national

10 targets pursuant to section 831(a)(1) of

11 the Clean Air Act.

12 ‘‘(iii) REQUIREMENTS FOR TARGETS

13 AND STRATEGIES.—The targets and strat-

14 egies developed under this subparagraph

15 shall, at a minimum—

16 ‘‘(I) be based on the emission

17 models and related methodologies es-

18 tablished in the final regulations re-

19 quired under section 831 of the Clean

20 Air Act;

21 ‘‘(II) inventory all sources of sur-

22 face transportation-related greenhouse

23 gas emissions;

24 ‘‘(III) apply to those modes of

25 surface transportation that are ad-58

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 dressed in the planning process under

2 this section;

3 ‘‘(IV) be integrated and con-

4 sistent with statewide transportation

5 plans and statewide transportation

6 improvement programs; and

7 ‘‘(V) be selected through scenario

8 analysis (as defined in section 134(k)

9 of title 23), and include, pursuant to

10 the requirements of the transportation

11 planning process under this section,

12 transportation investment and man-

13 agement strategies that reduce green-

14 house gas emissions from the trans-

15 portation sector over the life of the

16 plan, such as—

17 ‘‘(aa) efforts to increase

18 public transportation ridership,

19 including through service im-

20 provements, capacity expansions,

21 and access enhancement;

22 ‘‘(bb) efforts to increase

23 walking, bicycling, and other

24 forms of nonmotorized transpor-

25 tation; 59

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 ‘‘(cc) implementation of zon-

2 ing and other land use regula-

3 tions and plans to support infill,

4 transit-oriented development, re-

5 development, or mixed use devel-

6 opment;

7 ‘‘(dd) travel demand man-

8 agement programs (including

9 carpool, vanpool, or car-share

10 projects), transportation pricing

11 measures, parking policies, and

12 programs to promote telecom-

13 muting, flexible work schedules,

14 and satellite work centers;

15 ‘‘(ee) surface transportation

16 system operation improvements,

17 including intelligent transpor-

18 tation systems or other oper-

19 ational improvements to reduce

20 congestion and improve system

21 management;

22 ‘‘(ff) intercity passenger rail

23 improvements;

24 ‘‘(gg) intercity bus improve-

25 ments; 60

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 ‘‘(hh) freight rail improve-

2 ments;

3 ‘‘(ii) use of materials or

4 equipment associated with the

5 construction or maintenance of

6 transportation projects that re-

7 duce greenhouse gas emissions;

8 ‘‘(jj) public facilities for sup-

9 plying electricity to electric or

10 plug-in hybrid-electric vehicles; or

11 ‘‘(kk) any other effort that

12 demonstrates progress in reduc-

13 ing transportation-related green-

14 house gas emissions.

15 ‘‘(C) COORDINATION AND CONSULTATION

16 WITH PUBLIC AGENCIES.—Transportation

17 greenhouse gas targets and plans pursuant to

18 this section shall be developed—

19 ‘‘(i) in coordination with—

20 ‘‘(I) all metropolitan planning or-

21 ganizations covered by this section

22 within the State; and

23 ‘‘(II) transportation and air qual-

24 ity agencies within the State; and 61

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 ‘‘(ii) in consultation with representa-

2 tives of State and local housing, economic

3 development, and land use agencies.

4 ‘‘(D) ENFORCEMENT.—Not later than 180

5 days after the date of submission of a plan

6 under this section—

7 ‘‘(i) the Secretary and the Adminis-

8 trator shall review the plan; and

9 ‘‘(ii) the Secretary shall approve a

10 plan developed by a State pursuant to sub-

11 paragraph (B) if—

12 ‘‘(I) the Secretary finds that a

13 State has developed, submitted, and

14 published the plan pursuant to this

15 section;

16 ‘‘(II) the Secretary, in consulta-

17 tion with the Administrator, deter-

18 mines that the plan is likely to achieve

19 the targets established by the State

20 under this subsection; and

21 ‘‘(III) the development of the

22 plan complies with the minimum re-

23 quirements established under clauses

24 (ii) and (iii) of subparagraph (B). 62

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 ‘‘(E) PLANNING FINDING.—Failure to

2 comply with the requirements under subpara-

3 graph (B) shall not impact the planning finding

4 under subsection (g)(7).’’.

5 (d) APPLICABILITY.—Section 304 of the Clean Air

6 Act (42 U.S.C. 7604) shall not apply to the planning pro-

7 visions of this section or any amendment made by this

8 section.

9 (e) LAND USE AUTHORITY.—Nothing in this section

10 or an amendment made by this section—

11 (1) infringes on the existing authority of local

12 governments to plan or control land use; or

13 (2) provides or transfers authority over land

14 use to any other entity.

15 SEC. 113. TRANSPORTATION GREENHOUSE GAS EMISSION

16 REDUCTION PROGRAM GRANTS.

17 Part C of title VIII of the Clean Air Act (as amended

18 by section 112) is amended by adding at the end the fol-

19 lowing:

20 ‘‘SEC. 832. TRANSPORTATION GREENHOUSE GAS EMISSION

21 REDUCTION PROGRAM GRANTS.

22 ‘‘(a) IN GENERAL.—The Secretary of Transportation

23 (referred to in this section as the ‘Secretary’) shall provide

24 grants to States and metropolitan planning organizations 63

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 to carry out the purposes of this section for each fiscal

2 year—

3 ‘‘(1) to support the developing and updating of

4 transportation greenhouse gas reduction targets and

5 strategies; and

6 ‘‘(2) to provide financial assistance to imple-

7 ment plans approved pursuant to—

8 ‘‘(A) sections 134(k)(6) and 135(f)(9) of

9 title 23, United States Code; and

10 ‘‘(B) sections 5303(k)(6) and 5304(f)(9) of

11 title 49, United States Code.

12 ‘‘(b) PLANNING GRANTS.—

13 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

14 the Secretary shall allocate not more than 5 percent

15 of the funds available to carry out this section for

16 a fiscal year for metropolitan planning organizations

17 to develop and update transportation plans, includ-

18 ing targets and strategies for greenhouse gas emis-

19 sion reduction under—

20 ‘‘(A) sections 134(k)(6) and 135(f)(9) of

21 title 23, United States Code; and

22 ‘‘(B) sections 5303(k)(6) and 5304(f)(9) of

23 title 49, United States Code.

24 ‘‘(2) ELIGIBLE ORGANIZATIONS.—The Sec-

25 retary shall distribute the funds available in (1) to 64

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 metropolitan planning organizations (as defined in

2 section 134(k)(7) of title 23, United States Code) in

3 the proportion that—

4 ‘‘(A) the population within such a metro-

5 politan planning organization; bears to

6 ‘‘(B) the total population of all such met-

7 ropolitan planning organizations.

8 ‘‘(c) PERFORMANCE GRANTS.—

9 ‘‘(1) IN GENERAL.—After allocating funds pur-

10 suant to subsection (b)(1), the Secretary shall use

11 the remainder of amounts made available to carry

12 out this section to provide grants to States and met-

13 ropolitan planning organizations.

14 ‘‘(2) CRITERIA.—In providing grants under this

15 subsection, the Secretary, in consultation with the

16 Administrator, shall develop criteria for providing

17 the grants, taking into consideration, with respect to

18 areas to be covered by the grants—

19 ‘‘(A) the quantity of total greenhouse gas

20 emissions to be reduced as a result of imple-

21 mentation of a plan, within a covered area, as

22 determined by methods established under sec-

23 tion 831(a);

24 ‘‘(B) the quantity of total greenhouse gas

25 emissions to be reduced per capita as a result 65

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 of implementation of a plan, within the covered

2 area, as determined by methods established

3 under section 831(a);

4 ‘‘(C) the cost-effectiveness of reducing

5 greenhouse gas emissions during the life of the

6 plan;

7 ‘‘(D) progress toward achieving emission

8 reductions target established under—

9 ‘‘(i) sections 134(k)(6) and 135(f)(9)

10 of title 23, United States Code; and

11 ‘‘(ii) sections 5303(k)(6) and

12 5304(f)(9) of title 49, United States Code;

13 ‘‘(E) reductions in greenhouse gas emis-

14 sions previously achieved by States and metro-

15 politan planning organizations during the 5-

16 year period beginning on the date of enactment

17 of this Act;

18 ‘‘(F) plans that increase transportation op-

19 tions and mobility, particularly for low-income

20 individuals, minorities, the elderly, households

21 without motor vehicles, cost-burdened house-

22 holds, and the disabled; and

23 ‘‘(G) other factors, including innovative ap-

24 proaches, minimization of costs, and consider-

25 ation of economic development, revenue genera-66

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 tion, consumer fuel cost-savings, and other eco-

2 nomic, environmental and health benefits, as

3 the Secretary determines to be appropriate.

4 ‘‘(d) REQUIREMENT FOR REDUCED EMISSIONS.—A

5 performance grant under subsection (c) may be used only

6 to fund strategies that demonstrate a reduction in green-

7 house gas emissions that is sustainable over the life of the

8 applicable transportation plan.

9 ‘‘(e) COST-SHARING.—The Federal share of the costs

10 of a project receiving Federal financial assistance under

11 this section shall be 80 percent.

12 ‘‘(f) COMPLIANCE WITH APPLICABLE LAWS.—

13 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a

14 project receiving funds under this section shall com-

15 ply with all applicable Federal laws (including regu-

16 lations), including—

17 ‘‘(A) subchapter IV of chapter 31 of title

18 40, United States Code; and

19 ‘‘(B) applicable requirements of titles 23

20 and 49, United States Code.

21 ‘‘(2) ELIGIBILITY.—Project eligibility shall be

22 determined in accordance with this section.

23 ‘‘(3) DETERMINATION OF APPLICABLE MODAL

24 REQUIREMENTS.—The Secretary shall— 67

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 ‘‘(A) have the discretion to designate the

2 specific modal requirements that shall apply to

3 a project; and

4 ‘‘(B) be guided by the predominant modal

5 characteristics of the project in the event that

6 a project has cross-modal application.

7 ‘‘(g) ADDITIONAL REQUIREMENTS.—

8 ‘‘(1) IN GENERAL.—As a condition on the re-

9 ceipt of financial assistance under this section, the

10 interests of public transportation employees affected

11 by the assistance shall be protected under arrange-

12 ments that the Secretary of Labor determines—

13 ‘‘(A) to be fair and equitable; and

14 ‘‘(B) to provide benefits equal to the bene-

15 fits established under section 5333(b) of title

16 49, United States Code.

17 ‘‘(2) WAGES AND BENEFITS.—Laborers and

18 mechanics employed on projects funded with

19 amounts made available under this section shall be

20 paid wages and benefits not less than those deter-

21 mined by the Secretary of Labor under subchapter

22 IV of chapter 31 of title 40, United States Code, to

23 be prevailing in the same locality.

24 ‘‘(h) MISCELLANEOUS.— 68

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 ‘‘(1) ROAD-USE AND CONGESTION PRICING

2 MEASURES.—All projects funded by amounts made

3 available under this section shall be eligible to re-

4 ceive amounts collected through road-use and con-

5 gestion pricing measures.

6 ‘‘(2) LIMITATIONS.—The Administrator may

7 not approve any transportation plan for a project

8 that would be inconsistent with existing design, pro-

9 curement, and construction guidelines established by

10 the Department of Transportation.

11 ‘‘(3) SUBGRANTEES.—With the approval of the

12 Secretary, recipients of funding under this section

13 may enter into agreements providing for the transfer

14 of funds to noneligible public entities (such as local

15 governments, air quality agencies, zoning commis-

16 sions, special districts and transit agencies) that

17 have statutory responsibility or authority for actions

18 necessary to implement the strategies pursuant to—

19 ‘‘(A) sections 134(k)(6) and 135(f)(9) of

20 title 23, United States Code; and

21 ‘‘(B) sections 5303(k)(6) and 5304(f)(9) of

22 title 49, United States Code.’’. 69

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 SEC. 114. SMARTWAY TRANSPORTATION EFFICIENCY PRO-

2 GRAM.

3 Part B of title VIII of the Clean Air Act (as amended

4 by section 111) is amended by adding at the end the fol-

5 lowing:

6 ‘‘SEC. 822. SMARTWAY TRANSPORTATION EFFICIENCY PRO-

7 GRAM.

8 ‘‘(a) IN GENERAL.—There is established within the

9 Environmental Protection Agency a SmartWay Transpor-

10 tation Efficiency Program to quantify, demonstrate, and

11 promote the benefits of technologies, products, fuels, and

12 operational strategies that reduce petroleum consumption,

13 air pollution, and greenhouse gas emissions from the mo-

14 bile source sector.

15 ‘‘(b) GENERAL DUTIES.—Under the program estab-

16 lished under this section, the Administrator shall carry out

17 each of the following:

18 ‘‘(1) Development of measurement protocols to

19 evaluate the energy consumption and greenhouse gas

20 impacts from technologies and strategies in the mo-

21 bile source sector, including those for passenger

22 transport and goods movement.

23 ‘‘(2) Development of qualifying thresholds for

24 certifying, verifying, or designating energy-efficient,

25 low-greenhouse gas SmartWay technologies and 70

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 strategies for each mode of passenger transportation

2 and goods movement.

3 ‘‘(3) Development of partnership and recogni-

4 tion programs to promote best practices and drive

5 demand for energy-efficient, low-greenhouse gas

6 transportation performance.

7 ‘‘(4) Promotion of the availability of, and en-

8 couragement of the adoption of, SmartWay certified

9 or verified technologies and strategies, and publica-

10 tion of the availability of financial incentives, such

11 as assistance from loan programs and other Federal

12 and State incentives.

13 ‘‘(c) SMARTWAY TRANSPORT FREIGHT PARTNER-

14 SHIP.—The Administrator shall establish a SmartWay

15 Transport Partnership program with shippers and carriers

16 of goods to promote energy-efficient, low-greenhouse gas

17 transportation. In carrying out such partnership, the Ad-

18 ministrator shall undertake each of the following:

19 ‘‘(1) Verification of the energy and greenhouse

20 gas performance of participating freight carriers, in-

21 cluding those operating rail, trucking, marine, and

22 other goods movement operations.

23 ‘‘(2) Publication of a comprehensive energy and

24 greenhouse gas performance index of freight modes

25 (including rail, trucking, marine, and other modes of 71

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 transporting goods) and individual freight companies

2 so that shippers can choose to deliver their goods

3 more efficiently.

4 ‘‘(3) Development of tools for—

5 ‘‘(A) carriers to calculate their energy and

6 greenhouse gas performance; and

7 ‘‘(B) shippers to calculate the energy and

8 greenhouse gas impacts of moving their prod-

9 ucts and to evaluate the relative impacts from

10 transporting their goods by different modes and

11 corporate carriers.

12 ‘‘(4) Provision of recognition opportunities for

13 participating shipper and carrier companies dem-

14 onstrating advanced practices and achieving superior

15 levels of greenhouse gas performance.

16 ‘‘(d) IMPROVING FREIGHT GREENHOUSE GAS PER-

17 FORMANCE DATABASES.—The Administrator shall, in co-

18 ordination with the Secretary of Commerce and other ap-

19 propriate agencies, define and collect data on the physical

20 and operational characteristics of the Nation’s truck popu-

21 lation, with special emphasis on data related to energy ef-

22 ficiency and greenhouse gas performance to inform the

23 performance index published under subsection (c)(2) of

24 this section, and other means of goods transport as nec-72

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 essary, at least every 5 years as part of the economic cen-

2 sus required under title 13, United States Code.

3 ‘‘(e) ESTABLISHMENT OF FINANCING PROGRAM.—

4 The Administrator shall establish a SmartWay Financing

5 Program to competitively award funding to eligible entities

6 identified by the Administrator in accordance with the

7 program requirements in subsection (g).

8 ‘‘(f) PURPOSES.—Under the SmartWay Financing

9 Program, eligible entities shall—

10 ‘‘(1) use funds awarded by the Administrator to

11 provide flexible loan and/or lease terms that increase

12 approval rates or lower the costs of loans and/or

13 leases in accordance with guidance developed by the

14 Administrator;

15 ‘‘(2) make such loans and/or leases available to

16 public and private entities for the purpose of adopt-

17 ing low-greenhouse gas technologies or strategies for

18 the mobile source sector that are designated by the

19 Administrator; and

20 ‘‘(3) use funds provided by the Administrator

21 for electrification of freight transportation systems

22 in major national goods movement corridors, giving

23 priority to electrification of transportation systems

24 in areas that are gateways for high volumes of inter-

25 national and national freight transport and require 73

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 substantial criteria pollutant emission reductions in

2 order to attain national ambient air quality stand-

3 ards.

4 ‘‘(g) PROGRAM REQUIREMENTS.—The Administrator

5 shall determine program design elements and require-

6 ments, including—

7 ‘‘(1) the type of financial mechanism with

8 which to award funding, in the form of grants and/

9 or contracts;

10 ‘‘(2) the designation of eligible entities to re-

11 ceive funding, such as State, tribal, and local gov-

12 ernments, regional organizations comprised of gov-

13 ernmental units, nonprofit organizations, or for-prof-

14 it companies;

15 ‘‘(3) criteria for evaluating applications from el-

16 igible entities, including anticipated—

17 ‘‘(A) cost-effectiveness of loan or lease pro-

18 gram on a metric-ton-of-greenhouse gas-saved-

19 per-dollar basis; and

20 ‘‘(B) ability to promote the loan or lease

21 program and associated technologies and strate-

22 gies to the target audience; and

23 ‘‘(4) reporting requirements for entities that re-

24 ceive awards, including— 74

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 ‘‘(A) actual cost-effectiveness and green-

2 house gas savings from the loan or lease pro-

3 gram based on a methodology designated by the

4 Administrator;

5 ‘‘(B) the total number of applications and

6 number of approved applications; and

7 ‘‘(C) terms granted to loan and lease re-

8 cipients compared to prevailing market prac-

9 tices and/or rates.

10 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—Such

11 sums as necessary are authorized to be appropriated to

12 the Administrator to carry out this section.’’.

13 Subtitle B—Carbon Capture and

14 Sequestration

15 SEC. 121. NATIONAL STRATEGY.

16 (a) IN GENERAL.—Not later than 1 year after the

17 date of enactment of this Act, the Administrator, in con-

18 sultation with the Secretary of Energy, the Secretary of

19 the Interior, and the heads of such other relevant Federal

20 agencies as the President may designate, shall submit to

21 Congress a report establishing a unified and comprehen-

22 sive strategy to address the key legal, regulatory, and

23 other barriers to the commercial-scale deployment of car-

24 bon capture and storage. 75

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (b) BARRIERS.—The report under this section

2 shall—

3 (1) identify the regulatory, legal, and other

4 gaps and barriers that—

5 (A) could be addressed by a Federal agen-

6 cy using existing statutory authority;

7 (B) require Federal legislation, if any; or

8 (C) would be best addressed at the State,

9 tribal, or regional level;

10 (2) identify regulatory implementation chal-

11 lenges, including challenges relating to approval of

12 State and tribal programs and delegation of author-

13 ity for permitting; and

14 (3) recommend rulemakings, Federal legisla-

15 tion, or other actions that should be taken to further

16 evaluate and address those barriers.

17 (c) FINDING.—Congress finds that it is in the public

18 interest to achieve widespread, commercial-scale deploy-

19 ment of carbon capture and storage in the United States

20 and throughout Asia before January 1, 2030.

21 SEC. 122. REGULATIONS FOR GEOLOGICAL SEQUESTRA-

22 TION SITES.

23 (a) COORDINATED CERTIFICATION AND PERMITTING

24 PROCESS.—Part A of title VIII of the Clean Air Act (as 76

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 amended by section 124 of this division) is amended by

2 adding at the end the following:

3 ‘‘SEC. 813. GEOLOGICAL STORAGE SITES.

4 ‘‘(a) COORDINATED PROCESS.—

5 ‘‘(1) IN GENERAL.—The Administrator shall es-

6 tablish a coordinated approach to certifying and per-

7 mitting geological storage, taking into consideration

8 all relevant statutory authorities.

9 ‘‘(2) REQUIREMENTS.—In establishing such ap-

10 proach, the Administrator shall—

11 ‘‘(A) take into account, and reduce redun-

12 dancy with, the requirements of section 1421 of

13 the Safe Drinking Water Act (42 U.S.C. 300h),

14 including the rulemaking for geological storage

15 wells described in the proposed rule entitled

16 ‘Federal Requirements Under the Underground

17 Injection Control (UIC) Program for Carbon

18 Dioxide (CO2) Geologic Sequestration (GS)

19 Wells’ (73 Fed. Reg. 43492 (July 25, 2008));

20 and

21 ‘‘(B) to the maximum extent practicable,

22 reduce the burden on certified entities and im-

23 plementing authorities.

24 ‘‘(b) REGULATIONS.—Not later than 2 years after

25 the date of enactment of this title, the Administrator shall 77

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 promulgate regulations to protect human health and the

2 environment by minimizing the risk of escape to the at-

3 mosphere of carbon dioxide injected for purposes of geo-

4 logical storage.

5 ‘‘(c) REQUIREMENTS.—The regulations under sub-

6 section (b) shall include—

7 ‘‘(1) a process to obtain certification for geo-

8 logical storage under this section; and

9 ‘‘(2) requirements for—

10 ‘‘(A) monitoring, recordkeeping, and re-

11 porting for emissions associated with injection

12 into, and escape from, geological storage sites,

13 taking into account any requirements or proto-

14 cols developed under section 713;

15 ‘‘(B) public participation in the certifi-

16 cation process that maximizes transparency;

17 ‘‘(C) the sharing of data among States, In-

18 dian tribes, and the Environmental Protection

19 Agency; and

20 ‘‘(D) other elements or safeguards nec-

21 essary to achieve the purpose described in sub-

22 section (b).

23 ‘‘(d) REPORT.—

24 ‘‘(1) IN GENERAL.—Not later than 2 years

25 after the date of promulgation of regulations pursu-78

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 ant to subsection (b), and not less frequently than

2 once every 3 years thereafter, the Administrator

3 shall submit to the Committee on Energy and Com-

4 merce of the House of Representatives and the Com-

5 mittee on Environment and Public Works of the

6 Senate a report describing geological storage in the

7 United States, and, to the extent relevant, other

8 countries in North America.

9 ‘‘(2) INCLUSIONS.—Each report under para-

10 graph (1) shall include—

11 ‘‘(A) data regarding injection, emissions to

12 the atmosphere, if any, and performance of ac-

13 tive and closed geological storage sites, includ-

14 ing those at which enhanced hydrocarbon recov-

15 ery operations occur;

16 ‘‘(B) an evaluation of the performance of

17 relevant Federal environmental regulations and

18 programs in ensuring environmentally protec-

19 tive geological storage practices;

20 ‘‘(C) recommendations on how those pro-

21 grams and regulations should be improved or

22 made more effective; and

23 ‘‘(D) other relevant information.’’. 79

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (b) SAFE DRINKING WATER ACT STANDARDS.—Sec-

2 tion 1421 of the Safe Drinking Water Act (42 U.S.C.

3 300h) is amended by adding at the end the following:

4 ‘‘(e) CARBON DIOXIDE GEOLOGICAL STORAGE

5 WELLS.—

6 ‘‘(1) IN GENERAL.—Not later than 1 year after

7 the date of enactment of this subsection, the Admin-

8 istrator shall promulgate regulations under sub-

9 section (a) for carbon dioxide geological storage

10 wells.

11 ‘‘(2) FINANCIAL RESPONSIBILITY.—

12 ‘‘(A) IN GENERAL.—The regulations under

13 paragraph (1) shall include requirements for

14 maintaining evidence of financial responsibility,

15 including financial responsibility for emergency

16 and remedial response, well plugging, site clo-

17 sure, and post-injection site care.

18 ‘‘(B) REGULATIONS.—Financial responsi-

19 bility may be established for carbon dioxide geo-

20 logical wells in accordance with regulations pro-

21 mulgated by the Administrator by any 1, or any

22 combination, of the following:

23 ‘‘(i) Insurance.

24 ‘‘(ii) Guarantee.

25 ‘‘(iii) Trust. 80

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 ‘‘(iv) Standby trust.

2 ‘‘(v) Surety bond.

3 ‘‘(vi) Letter of credit.

4 ‘‘(vii) Qualification as a self-insurer.

5 ‘‘(viii) Any other method satisfactory

6 to the Administrator.’’.

7 SEC. 123. STUDIES AND REPORTS.

8 (a) STUDY OF LEGAL FRAMEWORK FOR GEOLOGICAL

9 STORAGE SITES.—

10 (1) ESTABLISHMENT OF TASK FORCE.—

11 (A) IN GENERAL.—As soon as practicable,

12 but not later than 180 days after the date of

13 enactment of this Act, the Administrator shall

14 establish a task force, to be composed of an

15 equal number of—

16 (i) subject matter experts;

17 (ii) nongovernmental organizations

18 with expertise regarding environmental pol-

19 icy;

20 (iii) academic experts with expertise in

21 environmental law;

22 (iv) State and tribal officials with en-

23 vironmental expertise;

24 (v) representatives of State and tribal

25 attorneys general; 81

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (vi) representatives of the Environ-

2 mental Protection Agency, the Department

3 of the Interior, the Department of Energy,

4 the Department of Transportation, and

5 other relevant Federal agencies; and

6 (vii) members of the private sector.

7 (B) STUDY.—The task force established

8 under subparagraph (A) shall conduct a study

9 of—

10 (i) existing Federal environmental

11 statutes, State environmental statutes, and

12 State common law that apply to geological

13 storage sites for carbon dioxide, including

14 the ability of those laws to serve as risk

15 management tools;

16 (ii) the existing statutory framework,

17 including Federal and State laws, that

18 apply to harm and damage to the environ-

19 ment or public health at closed sites at

20 which carbon dioxide injection has been

21 used for enhanced hydrocarbon recovery;

22 (iii) the statutory framework, environ-

23 mental health and safety considerations,

24 implementation issues, and financial impli-

25 cations of potential models for Federal, 82

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 State, or private sector assumption of li-

2 abilities and financial responsibilities with

3 respect to closed geological storage sites;

4 (iv) private sector mechanisms, includ-

5 ing insurance and bonding, that may be

6 available to manage environmental, health,

7 and safety risks from closed geological

8 storage sites; and

9 (v) the subsurface mineral rights,

10 water rights, and property rights issues as-

11 sociated with geological storage of carbon

12 dioxide, including issues specific to Federal

13 land.

14 (2) REPORT.—Not later than 18 months after

15 the date of enactment of this Act, the task force es-

16 tablished under paragraph (1)(A) shall submit to

17 Congress a report describing the results of the study

18 conducted under that paragraph, including any con-

19 sensus recommendations of the task force.

20 (b) ENVIRONMENTAL STATUTES.—

21 (1) STUDY.—The Administrator shall conduct a

22 study of the means by which, and under what cir-

23 cumstances, the environmental statutes for which

24 the Environmental Protection Agency has responsi-83

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 bility would apply to carbon dioxide injection and ge-

2 ological storage activities.

3 (2) REPORT.—Not later than 1 year after the

4 date of enactment of this Act, the Administrator

5 shall submit to Congress a report describing the re-

6 sults of the study conducted under paragraph (1).

7 SEC. 124. PERFORMANCE STANDARDS FOR COAL-FUELED

8 POWER PLANTS.

9 (a) IN GENERAL.—Part A of title VIII of the Clean

10 Air Act (as added by section 121 of division B) is amended

11 by adding at the end the following:

12 ‘‘SEC. 812. PERFORMANCE STANDARDS FOR NEW COAL-

13 FIRED POWER PLANTS.

14 ‘‘(a) DEFINITIONS.—For purposes of this section:

15 ‘‘(1) COVERED EGU.—The term ‘covered EGU’

16 means a utility unit that is required to have a per-

17 mit under section 503(a) and is authorized under

18 State or Federal law to derive at least 30 percent of

19 its annual heat input from coal, petroleum coke, or

20 any combination of these fuels.

21 ‘‘(2) INITIALLY PERMITTED.—The term ‘ini-

22 tially permitted’ means that the owner or operator

23 has received a preconstruction approval or permit

24 under this Act, for the covered EGU as a new (not

25 a modified) source, but administrative review or ap-84

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 peal of such approval or permit has not been ex-

2 hausted. A subsequent modification of any such ap-

3 proval or permits, ongoing administrative or court

4 review, appeals, or challenges, or the existence or

5 tolling of any time to pursue further review, appeals,

6 or challenges shall not affect the date on which a

7 covered EGU is considered to be initially permitted

8 under this paragraph.

9 ‘‘(b) STANDARDS.—(1) A covered EGU that is ini-

10 tially permitted on or after January 1, 2020, shall achieve

11 an emission limit that is a 65 percent reduction in emis-

12 sions of the carbon dioxide produced by the unit, as

13 measured on an annual basis, or meet such more stringent

14 standard as the Administrator may establish pursuant to

15 subsection (c).

16 ‘‘(2) A covered EGU that is initially permitted after

17 January 1, 2009, and before January 1, 2020, shall, by

18 the applicable compliance date established under this

19 paragraph, achieve an emission limit that is a 50 percent

20 reduction in emissions of the carbon dioxide produced by

21 the unit, as measured on an annual basis. Compliance

22 with the requirement set forth in this paragraph shall be

23 required by the earliest of the following:

24 ‘‘(A) Four years after the date the Adminis-

25 trator has published pursuant to subsection (d) a re-85

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 port that there are in commercial operation in the

2 United States electric generating units or other sta-

3 tionary sources equipped with carbon capture and

4 sequestration technology that, in the aggregate—

5 ‘‘(i) have a total of at least 4 gigawatts of

6 nameplate generating capacity of which—

7 ‘‘(I) at least 3 gigawatts must be elec-

8 tric generating units; and

9 ‘‘(II) up to 1 gigawatt may be indus-

10 trial applications, for which capture and

11 sequestration of 3,000,000 tons of carbon

12 dioxide per year on an aggregate

13 annualized basis shall be considered equiv-

14 alent to 1 gigawatt;

15 ‘‘(ii) include at least 2 electric generating

16 units, each with a nameplate generating capac-

17 ity of 250 megawatts or greater, that capture,

18 inject, and sequester carbon dioxide into geo-

19 logic formations other than oil and gas fields;

20 and

21 ‘‘(iii) are capturing and sequestering in the

22 aggregate at least 12,000,000 tons of carbon

23 dioxide per year, calculated on an aggregate

24 annualized basis.

25 ‘‘(B) January 1, 2025. 86

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 ‘‘(3) If the deadline for compliance with paragraph

2 (2) is January 1, 2025, the Administrator may extend the

3 deadline for compliance by a covered EGU by up to 18

4 months if the Administrator makes a determination, based

5 on a showing by the owner or operator of the unit, that

6 it will be technically infeasible for the unit to meet the

7 standard by the deadline. The owner or operator must

8 submit a request for such an extension by no later than

9 January 1, 2022, and the Administrator shall provide for

10 public notice and comment on the extension request.

11 ‘‘(c) REVIEW AND REVISION OF STANDARDS.—Not

12 later than 2025 and at 5-year intervals thereafter, the Ad-

13 ministrator shall review the standards for new covered

14 EGUs under this section and shall, by rule, reduce the

15 maximum carbon dioxide emission rate for new covered

16 EGUs to a rate which reflects the degree of emission limi-

17 tation achievable through the application of the best sys-

18 tem of emission reduction which (taking into account the

19 cost of achieving such reduction and any nonair quality

20 health and environmental impact and energy require-

21 ments) the Administrator determines has been adequately

22 demonstrated.

23 ‘‘(d) REPORTS.—Not later than 18 months after the

24 date of enactment of this title and semiannually there-

25 after, the Administrator shall publish a report on the 87

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 nameplate capacity of units (determined pursuant to sub-

2 section (b)(2)(A)) in commercial operation in the United

3 States equipped with carbon capture and sequestration

4 technology, including the information described in sub-

5 section (b)(2)(A) (including the cumulative generating ca-

6 pacity to which carbon capture and sequestration retrofit

7 projects meeting the criteria described in section

8 775(b)(1)(A)(ii) and (b)(1)(A)(iv)(II) has been applied

9 and the quantities of carbon dioxide captured and seques-

10 tered by such projects).

11 ‘‘(e) REGULATIONS.—Not later than 2 years after the

12 date of enactment of this title, the Administrator shall

13 promulgate regulations to carry out the requirements of

14 this section.’’.

15 SEC. 125. CARBON CAPTURE AND SEQUESTRATION DEM-

16 ONSTRATION AND EARLY DEPLOYMENT PRO-

17 GRAM.

18 (a) DEFINITIONS.—For purposes of this section:

19 (1) SECRETARY.—The term ‘‘Secretary’’ means

20 the Secretary of Energy.

21 (2) DISTRIBUTION UTILITY.—The term ‘‘dis-

22 tribution utility’’ means an entity that distributes

23 electricity directly to retail consumers under a legal,

24 regulatory, or contractual obligation to do so. 88

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (3) ELECTRIC UTILITY.—The term ‘‘electric

2 utility’’ has the meaning provided by section 3 of the

3 Federal Power Act (16 U.S.C. 796).

4 (4) FOSSIL FUEL-BASED ELECTRICITY.—The

5 term ‘‘fossil fuel-based electricity’’ means electricity

6 that is produced from the combustion of fossil fuels.

7 (5) FOSSIL FUEL.—The term ‘‘fossil fuel’’

8 means coal, petroleum, natural gas or any derivative

9 of coal, petroleum, or natural gas.

10 (6) CORPORATION.—The term ‘‘Corporation’’

11 means the Carbon Storage Research Corporation es-

12 tablished in accordance with this section.

13 (7) QUALIFIED INDUSTRY ORGANIZATION.—The

14 term ‘‘qualified industry organization’’ means the

15 Edison Electric Institute, the American Public

16 Power Association, the National Rural Electric Co-

17 operative Association, a successor organization of

18 such organizations, or a group of owners or opera-

19 tors of distribution utilities delivering fossil fuel-

20 based electricity who collectively represent at least

21 20 percent of the volume of fossil fuel-based elec-

22 tricity delivered by distribution utilities to consumers

23 in the United States.

24 (8) RETAIL CONSUMER.—The term ‘‘retail con-

25 sumer’’ means an end-user of electricity. 89

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (b) CARBON STORAGE RESEARCH CORPORATION.—

2 (1) ESTABLISHMENT.—

3 (A) REFERENDUM.—Qualified industry or-

4 ganizations may conduct, at their own expense,

5 a referendum among the owners or operators of

6 distribution utilities delivering fossil fuel-based

7 electricity for the creation of a Carbon Storage

8 Research Corporation. Such referendum shall

9 be conducted by an independent auditing firm

10 agreed to by the qualified industry organiza-

11 tions. Voting rights in such referendum shall be

12 based on the quantity of fossil fuel-based elec-

13 tricity delivered to consumers in the previous

14 calendar year or other representative period as

15 determined by the Secretary pursuant to sub-

16 section (f). Upon approval of those persons rep-

17 resenting two-thirds of the total quantity of fos-

18 sil fuel-based electricity delivered to retail con-

19 sumers, the Corporation shall be established un-

20 less opposed by the State regulatory authorities

21 pursuant to subparagraph (B). All distribution

22 utilities voting in the referendum shall certify to

23 the independent auditing firm the quantity of

24 fossil fuel-based electricity represented by their

25 vote. 90

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (B) STATE REGULATORY AUTHORITIES.—

2 Upon its own motion or the petition of a quali-

3 fied industry organization, each State regu-

4 latory authority shall consider its support or op-

5 position to the creation of the Corporation

6 under subparagraph (A). State regulatory au-

7 thorities may notify the independent auditing

8 firm referred to in subparagraph (A) of their

9 views on the creation of the Corporation within

10 180 days after the date of enactment of this

11 Act. If 40 percent or more of the State regu-

12 latory authorities submit to the independent au-

13 diting firm written notices of opposition, the

14 Corporation shall not be established notwith-

15 standing the approval of the qualified industry

16 organizations as provided in subparagraph (A).

17 (2) TERMINATION.—The Corporation shall be

18 authorized to collect assessments and conduct oper-

19 ations pursuant to this section for a 10-year period

20 from the date 6 months after the date of enactment

21 of this Act. After such 10-year period, the Corpora-

22 tion is no longer authorized to collect assessments

23 and shall be dissolved on the date 15 years after

24 such date of enactment, unless the period is ex-

25 tended by an Act of Congress. 91

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (3) GOVERNANCE.—The Corporation shall oper-

2 ate as a division or affiliate of the Electric Power

3 Research Institute (referred to in this section as

4 ‘‘EPRI’’) and be managed by a Board of not more

5 than 15 voting members responsible for its oper-

6 ations, including compliance with this section. EPRI,

7 in consultation with the Edison Electric Institute,

8 the American Public Power Association and the Na-

9 tional Rural Electric Cooperative Association shall

10 appoint the Board members under clauses (i), (ii),

11 and (iii) of subparagraph (A) from among can-

12 didates recommended by those organizations. At

13 least a majority of the Board members appointed by

14 EPRI shall be representatives of distribution utilities

15 subject to assessments under subsection (d).

16 (A) MEMBERS.—The Board shall include

17 at least 1 representative of each of the fol-

18 lowing:

19 (i) Investor-owned utilities.

20 (ii) Utilities owned by a State agency,

21 a municipality, and an Indian tribe.

22 (iii) Rural electric cooperatives.

23 (iv) Fossil fuel producers.

24 (v) Nonprofit environmental organiza-

25 tions. 92

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (vi) Independent generators or whole-

2 sale power providers.

3 (vii) Consumer groups.

4 (viii) The National Energy Tech-

5 nology laboratory of the Department of

6 Energy.

7 (ix) The Environmental Protection

8 Agency.

9 (B) NONVOTING MEMBERS.—The Board

10 shall also include as additional nonvoting Mem-

11 bers the Secretary of Energy or his designee

12 and 2 representatives of State regulatory au-

13 thorities as defined in section 3 of the Public

14 Utility Regulatory Policies Act of 1978 (16

15 U.S.C. 2602), each designated by the National

16 Association of State Regulatory Utility Com-

17 missioners from States that are not within the

18 same transmission interconnection.

19 (4) COMPENSATION.—Corporation Board mem-

20 bers shall receive no compensation for their services,

21 nor shall Corporation Board members be reimbursed

22 for expenses relating to their service.

23 (5) TERMS.—Corporation Board members shall

24 serve terms of 4 years and may serve not more than

25 2 full consecutive terms. Members filling unexpired 93

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 terms may serve not more than a total of 8 consecu-

2 tive years. Former members of the Corporation

3 Board may be reappointed to the Corporation Board

4 if they have not been members for a period of 2

5 years. Initial appointments to the Corporation Board

6 shall be for terms of 1, 2, 3, and 4 years, staggered

7 to provide for the selection of 3 members each year.

8 (6) STATUS OF CORPORATION.—The Corpora-

9 tion shall not be considered to be an agency, depart-

10 ment, or instrumentality of the United States, and

11 no officer or director or employee of the Corporation

12 shall be considered to be an officer or employee of

13 the United States Government, for purposes of title

14 5 or title 31 of the United States Code, or for any

15 other purpose, and no funds of the Corporation shall

16 be treated as public money for purposes of chapter

17 33 of title 31, United States Code, or for any other

18 purpose.

19 (c) FUNCTIONS AND ADMINISTRATION OF THE COR-

20 PORATION.—

21 (1) IN GENERAL.—The Corporation shall estab-

22 lish and administer a program to accelerate the com-

23 mercial availability of carbon dioxide capture and

24 storage technologies and methods, including tech-

25 nologies which capture and store, or capture and 94

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 convert, carbon dioxide. Under such program com-

2 petitively awarded grants, contracts, and financial

3 assistance shall be provided and entered into with el-

4 igible entities. Except as provided in paragraph (8),

5 the Corporation shall use all funds derived from as-

6 sessments under subsection (d) to issue grants and

7 contracts to eligible entities.

8 (2) PURPOSE.—The purposes of the grants,

9 contracts, and assistance under this subsection shall

10 be to support commercial-scale demonstrations of

11 carbon capture or storage technology projects capa-

12 ble of advancing the technologies to commercial

13 readiness. Such projects should encompass a range

14 of different coal and other fossil fuel varieties, be

15 geographically diverse, involve diverse storage media,

16 and employ capture or storage, or capture and con-

17 version, technologies potentially suitable either for

18 new or for retrofit applications. The Corporation

19 shall seek, to the extent feasible, to support at least

20 5 commercial-scale demonstration projects inte-

21 grating carbon capture and sequestration or conver-

22 sion technologies.

23 (3) ELIGIBLE ENTITIES.—Entities eligible for

24 grants, contracts or assistance under this subsection

25 may include distribution utilities, electric utilities 95

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 and other private entities, academic institutions, na-

2 tional laboratories, Federal research agencies, State

3 and tribal research agencies, nonprofit organizations,

4 or consortiums of 2 or more entities. Pilot-scale and

5 similar small-scale projects are not eligible for sup-

6 port by the Corporation. Owners or developers of

7 projects supported by the Corporation shall, where

8 appropriate, share in the costs of such projects.

9 Projects supported by the Corporation shall meet the

10 eligibility criteria of section 780(b) of the Clean Air

11 Act.

12 (4) GRANTS FOR EARLY MOVERS.—Fifty per-

13 cent of the funds raised under this section shall be

14 provided in the form of grants to electric utilities

15 that had, prior to the award of any grant under this

16 section, committed resources to deploy a large scale

17 electricity generation unit with integrated carbon

18 capture and sequestration or conversion applied to a

19 substantial portion of the unit’s carbon dioxide emis-

20 sions. Grant funds shall be provided to defray costs

21 incurred by such electricity utilities for at least 5

22 such electricity generation units.

23 (5) ADMINISTRATION.—The members of the

24 Board of Directors of the Corporation shall elect a

25 Chairman and other officers as necessary, may es-96

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 tablish committees and subcommittees of the Cor-

2 poration, and shall adopt rules and bylaws for the

3 conduct of business and the implementation of this

4 section. The Board shall appoint an Executive Di-

5 rector and professional support staff who may be

6 employees of the Electric Power Research Institute

7 (EPRI). After consultation with the Technical Advi-

8 sory Committee established under subsection (j), the

9 Secretary, and the Director of the National Energy

10 Technology Laboratory to obtain advice and rec-

11 ommendations on plans, programs, and project selec-

12 tion criteria, the Board shall establish priorities for

13 grants, contracts, and assistance; publish requests

14 for proposals for grants, contracts, and assistance;

15 and award grants, contracts, and assistance competi-

16 tively, on the basis of merit, after the establishment

17 of procedures that provide for scientific peer review

18 by the Technical Advisory Committee. The Board

19 shall give preference to applications that reflect the

20 best overall value and prospect for achieving the

21 purposes of the section, such as those which dem-

22 onstrate an integrated approach for capture and

23 storage or capture and conversion technologies. The

24 Board members shall not participate in making 97

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 grants or awards to entities with whom they are af-

2 filiated.

3 (6) USES OF GRANTS, CONTRACTS, AND ASSIST-

4 ANCE.—A grant, contract, or other assistance pro-

5 vided under this subsection may be used to purchase

6 carbon dioxide when needed to conduct tests of car-

7 bon dioxide storage sites, in the case of established

8 projects that are storing carbon dioxide emissions, or

9 for other purposes consistent with the purposes of

10 this section. The Corporation shall make publicly

11 available at no cost information learned as a result

12 of projects which it supports financially.

13 (7) INTELLECTUAL PROPERTY.—The Board

14 shall establish policies regarding the ownership of in-

15 tellectual property developed as a result of Corpora-

16 tion grants and other forms of technology support.

17 Such policies shall encourage individual ingenuity

18 and invention.

19 (8) ADMINISTRATIVE EXPENSES.—Up to 5 per-

20 cent of the funds collected in any fiscal year under

21 subsection (d) may be used for the administrative

22 expenses of operating the Corporation (not including

23 costs incurred in the determination and collection of

24 the assessments pursuant to subsection (d)). 98

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (9) PROGRAMS AND BUDGET.—Before August 1

2 each year, the Corporation, after consulting with the

3 Technical Advisory Committee and the Secretary

4 and the Director of the Department’s National En-

5 ergy Technology Laboratory and other interested

6 parties to obtain advice and recommendations, shall

7 publish for public review and comment its proposed

8 plans, programs, project selection criteria, and

9 projects to be funded by the Corporation for the

10 next calendar year. The Corporation shall also pub-

11 lish for public review and comment a budget plan for

12 the next calendar year, including the probable costs

13 of all programs, projects, and contracts and a rec-

14 ommended rate of assessment sufficient to cover

15 such costs. The Secretary may recommend programs

16 and activities the Secretary considers appropriate.

17 The Corporation shall include in the first publication

18 it issues under this paragraph a strategic plan or

19 roadmap for the achievement of the purposes of the

20 Corporation, as set forth in paragraph (2).

21 (10) RECORDS; AUDITS.—The Corporation shall

22 keep minutes, books, and records that clearly reflect

23 all of the acts and transactions of the Corporation

24 and make public such information. The books of the

25 Corporation shall be audited by a certified public ac-99

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 countant at least once each fiscal year and at such

2 other times as the Corporation may designate. Cop-

3 ies of each audit shall be provided to the Congress,

4 all Corporation board members, all qualified indus-

5 try organizations, each State regulatory authority

6 and, upon request, to other members of the industry.

7 If the audit determines that the Corporation’s prac-

8 tices fail to meet generally accepted accounting prin-

9 ciples the assessment collection authority of the Cor-

10 poration under subsection (d) shall be suspended

11 until a certified public accountant renders a subse-

12 quent opinion that the failure has been corrected.

13 The Corporation shall make its books and records

14 available for review by the Secretary or the Comp-

15 troller General of the United States.

16 (11) PUBLIC ACCESS.—The Corporation

17 Board’s meetings shall be open to the public and

18 shall occur after at least 30 days advance public no-

19 tice. Meetings of the Board of Directors may be

20 closed to the public where the agenda of such meet-

21 ings includes only confidential matters pertaining to

22 project selection, the award of grants or contracts,

23 personnel matters, or the receipt of legal advice. The

24 minutes of all meetings of the Corporation shall be 100

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 made available to and readily accessible by the pub-

2 lic.

3 (12) ANNUAL REPORT.—Each year the Cor-

4 poration shall prepare and make publicly available a

5 report which includes an identification and descrip-

6 tion of all programs and projects undertaken by the

7 Corporation during the previous year. The report

8 shall also detail the allocation or planned allocation

9 of Corporation resources for each such program and

10 project. The Corporation shall provide its annual re-

11 port to the Congress, the Secretary, each State regu-

12 latory authority, and upon request to the public. The

13 Secretary shall, not less than 60 days after receiving

14 such report, provide to the President and Congress

15 a report assessing the progress of the Corporation in

16 meeting the objectives of this section.

17 (d) ASSESSMENTS.—

18 (1) AMOUNT.—(A) In all calendar years fol-

19 lowing its establishment, the Corporation shall col-

20 lect an assessment on distribution utilities for all

21 fossil fuel-based electricity delivered directly to retail

22 consumers (as determined under subsection (f)). The

23 assessments shall reflect the relative carbon dioxide

24 emission rates of different fossil fuel-based elec-101

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 tricity, and initially shall be not less than the fol-

2 lowing amounts for coal, natural gas, and oil:

Fuel type Rate of assessment

per kilowatt hour

Coal ................................................................... $0.00043

Natural Gas ...................................................... $0.00022

Oil ..................................................................... $0.00032.

3 (B) The Corporation is authorized to adjust the

4 assessments on fossil fuel-based electricity to reflect

5 changes in the expected quantities of such electricity

6 from different fuel types, such that the assessments

7 generate not less than $1.0 billion and not more

8 than $1.1 billion annually. The Corporation is au-

9 thorized to supplement assessments through addi-

10 tional financial commitments.

11 (2) INVESTMENT OF FUNDS.—Pending dis-

12 bursement pursuant to a program, plan, or project,

13 the Corporation may invest funds collected through

14 assessments under this subsection, and any other

15 funds received by the Corporation, only in obliga-

16 tions of the United States or any agency thereof, in

17 general obligations of any State or any political sub-

18 division thereof, in any interest-bearing account or

19 certificate of deposit of a bank that is a member of

20 the Federal Reserve System, or in obligations fully

21 guaranteed as to principal and interest by the

22 United States. 102

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (3) REVERSION OF UNUSED FUNDS.—If the

2 Corporation does not disburse, dedicate or assign 75

3 percent or more of the available proceeds of the as-

4 sessed fees in any calendar year 7 or more years fol-

5 lowing its establishment, due to an absence of quali-

6 fied projects or similar circumstances, it shall reim-

7 burse the remaining undedicated or unassigned bal-

8 ance of such fees, less administrative and other ex-

9 penses authorized by this section, to the distribution

10 utilities upon which such fees were assessed, in pro-

11 portion to their collected assessments.

12 (e) ERCOT.—

13 (1) ASSESSMENT,  COLLECTION,  AND REMIT-

14 TANCE.—(A) Notwithstanding any other provision of

15 this section, within ERCOT, the assessment pro-

16 vided for in subsection (d) shall be—

17 (i) levied directly on qualified scheduling

18 entities, or their successor entities;

19 (ii) charged consistent with other charges

20 imposed on qualified scheduling entities as a fee

21 on energy used by the load-serving entities; and

22 (iii) collected and remitted by ERCOT to

23 the Corporation in the amounts and in the

24 same manner as set forth in subsection (d). 103

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (B) The assessment amounts referred to in sub-

2 paragraph (A) shall be—

3 (i) determined by the amount and types of

4 fossil fuel-based electricity delivered directly to

5 all retail customers in the prior calendar year

6 beginning with the year ending immediately

7 prior to the period described in subsection

8 (b)(2); and

9 (ii) take into account the number of renew-

10 able energy credits retired by the load-serving

11 entities represented by a qualified scheduling

12 entity within the prior calendar year.

13 (2) ADMINISTRATION EXPENSES.—Up to 1 per-

14 cent of the funds collected in any fiscal year by

15 ERCOT under the provisions of this subsection may

16 be used for the administrative expenses incurred in

17 the determination, collection and remittance of the

18 assessments to the Corporation.

19 (3) AUDIT.—ERCOT shall provide a copy of its

20 annual audit pertaining to the administration of the

21 provisions of this subsection to the Corporation.

22 (4) DEFINITIONS.—For the purposes of this

23 subsection:

24 (A) The term ‘‘ERCOT’’ means the Elec-

25 tric Reliability Council of Texas. 104

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (B) The term ‘‘load-serving entities’’ has

2 the meaning adopted by ERCOT Protocols and

3 in effect on the date of enactment of this Act.

4 (C) The term ‘‘qualified scheduling enti-

5 ties’’ has the meaning adopted by ERCOT Pro-

6 tocols and in effect on the date of enactment of

7 this Act.

8 (D) The term ‘‘renewable energy credit’’

9 has the meaning as promulgated and adopted

10 by the Public Utility Commission of Texas pur-

11 suant to section 39.904(b) of the Public Utility

12 Regulatory Act of 1999, and in effect on the

13 date of enactment of this Act.

14 (f) DETERMINATION OF FOSSIL FUEL-BASED ELEC-

15 TRICITY DELIVERIES.—

16 (1) FINDINGS.—The Congress finds that:

17 (A) The assessments under subsection (d)

18 are to be collected based on the amount of fossil

19 fuel-based electricity delivered by each distribu-

20 tion utility.

21 (B) Since many distribution utilities pur-

22 chase all or part of their retail consumer’s elec-

23 tricity needs from other entities, it may not be

24 practical to determine the precise fuel mix for 105

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 the power sold by each individual distribution

2 utility.

3 (C) It may be necessary to use average

4 data, often on a regional basis with reference to

5 Regional Transmission Organization (‘‘RTO’’)

6 or NERC regions, to make the determinations

7 necessary for making assessments.

8 (2) DOE  PROPOSED RULE.—The Secretary,

9 acting in close consultation with the Energy Infor-

10 mation Administration, shall issue for notice and

11 comment a proposed rule to determine the level of

12 fossil fuel electricity delivered to retail customers by

13 each distribution utility in the United States during

14 the most recent calendar year or other period deter-

15 mined to be most appropriate. Such proposed rule

16 shall balance the need to be efficient, reasonably pre-

17 cise, and timely, taking into account the nature and

18 cost of data currently available and the nature of

19 markets and regulation in effect in various regions

20 of the country. Different methodologies may be ap-

21 plied in different regions if appropriate to obtain the

22 best balance of such factors.

23 (3) FINAL RULE.—Within 6 months after the

24 date of enactment of this Act, and after opportunity

25 for comment, the Secretary shall issue a final rule 106

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 under this subsection for determining the level and

2 type of fossil fuel-based electricity delivered to retail

3 customers by each distribution utility in the United

4 States during the appropriate period. In issuing

5 such rule, the Secretary may consider opportunities

6 and costs to develop new data sources in the future

7 and issue recommendations for the Energy Informa-

8 tion Administration or other entities to collect such

9 data. After notice and opportunity for comment the

10 Secretary may, by rule, subsequently update and

11 modify the methodology for making such determina-

12 tions.

13 (4) ANNUAL DETERMINATIONS.—Pursuant to

14 the final rule issued under paragraph (3), the Sec-

15 retary shall make annual determinations of the

16 amounts and types for each such utility and publish

17 such determinations in the Federal Register. Such

18 determinations shall be used to conduct the ref-

19 erendum under subsection (b) and by the Corpora-

20 tion in applying any assessment under this sub-

21 section.

22 (5) REHEARING AND JUDICIAL REVIEW.—The

23 owner or operator of any distribution utility that be-

24 lieves that the Secretary has misapplied the method-

25 ology in the final rule in determining the amount 107

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 and types of fossil fuel electricity delivered by such

2 distribution utility may seek rehearing of such deter-

3 mination within 30 days of publication of the deter-

4 mination in the Federal Register. The Secretary

5 shall decide such rehearing petitions within 30 days.

6 The Secretary’s determinations following rehearing

7 shall be final and subject to judicial review in the

8 United States Court of Appeals for the District of

9 Columbia.

10 (g) COMPLIANCE WITH CORPORATION ASSESS-

11 MENTS.—The Corporation may bring an action in the ap-

12 propriate court of the United States to compel compliance

13 with an assessment levied by the Corporation under this

14 section. A successful action for compliance under this sub-

15 section may also require payment by the defendant of the

16 costs incurred by the Corporation in bringing such action.

17 (h) MIDCOURSE REVIEW.—Not later than 5 years

18 following establishment of the Corporation, the Comp-

19 troller General of the United States shall prepare an anal-

20 ysis, and report to Congress, assessing the Corporation’s

21 activities, including project selection and methods of dis-

22 bursement of assessed fees, impacts on the prospects for

23 commercialization of carbon capture and storage tech-

24 nologies, adequacy of funding, and administration of

25 funds. The report shall also make such recommendations 108

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 as may be appropriate in each of these areas. The Cor-

2 poration shall reimburse the Government Accountability

3 Office for the costs associated with performing this mid-

4 course review.

5 (i) RECOVERY OF COSTS.—

6 (1) IN GENERAL.—A distribution utility whose

7 transmission, delivery, or sales of electric energy are

8 subject to any form of rate regulation shall not be

9 denied the opportunity to recover the full amount of

10 the prudently incurred costs associated with com-

11 plying with this section, consistent with applicable

12 State or Federal law.

13 (2) RATEPAYER REBATES.—Regulatory authori-

14 ties that approve cost recovery pursuant to para-

15 graph (1) may order rebates to ratepayers to the ex-

16 tent that distribution utilities are reimbursed

17 undedicated or unassigned balances pursuant to sub-

18 section (d)(3).

19 (j) TECHNICAL ADVISORY COMMITTEE.—

20 (1) ESTABLISHMENT.—There is established an

21 advisory committee, to be known as the ‘‘Technical

22 Advisory Committee’’.

23 (2) MEMBERSHIP.—The Technical Advisory

24 Committee shall be comprised of not less than 7

25 members appointed by the Board from among aca-109

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 demic institutions, national laboratories, independent

2 research institutions, and other qualified institu-

3 tions. No member of the Committee shall be affili-

4 ated with EPRI or with any organization having

5 members serving on the Board. At least one member

6 of the Committee shall be appointed from among of-

7 ficers or employees of the Department of Energy

8 recommended to the Board by the Secretary of En-

9 ergy.

10 (3) CHAIRPERSON AND VICE CHAIRPERSON.—

11 The Board shall designate one member of the Tech-

12 nical Advisory Committee to serve as Chairperson of

13 the Committee and one to serve as Vice Chairperson

14 of the Committee.

15 (4) COMPENSATION.—The Board shall provide

16 compensation to members of the Technical Advisory

17 Committee for travel and other incidental expenses

18 and such other compensation as the Board deter-

19 mines to be necessary.

20 (5) PURPOSE.—The Technical Advisory Com-

21 mittee shall provide independent assessments and

22 technical evaluations, as well as make non-binding

23 recommendations to the Board, concerning Corpora-

24 tion activities, including but not limited to the fol-

25 lowing: 110

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (A) Reviewing and evaluating the Corpora-

2 tion’s plans and budgets described in subsection

3 (c)(9), as well as any other appropriate areas,

4 which could include approaches to prioritizing

5 technologies, appropriateness of engineering

6 techniques, monitoring and verification tech-

7 nologies for storage, geological site selection,

8 and cost control measures.

9 (B) Making annual non-binding rec-

10 ommendations to the Board concerning any of

11 the matters referred to in subparagraph (A), as

12 well as what types of investments, scientific re-

13 search, or engineering practices would best fur-

14 ther the goals of the Corporation.

15 (6) PUBLIC AVAILABILITY.—All reports, evalua-

16 tions, and other materials of the Technical Advisory

17 Committee shall be made available to the public by

18 the Board, without charge, at time of receipt by the

19 Board.

20 (k) LOBBYING RESTRICTIONS.—No funds collected

21 by the Corporation shall be used in any manner for influ-

22 encing legislation or elections, except that the Corporation

23 may recommend to the Secretary and the Congress

24 changes in this section or other statutes that would fur-

25 ther the purposes of this section. 111

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (l) DAVIS-BACON COMPLIANCE.—The Corporation

2 shall ensure that entities receiving grants, contracts, or

3 other financial support from the Corporation for the

4 project activities authorized by this section are in compli-

5 ance with subchapter IV of chapter 31 of title 40, United

6 States Code (commonly known as the ‘‘Davis-Bacon

7 Act’’).

8 Subtitle C—Nuclear and Advanced

9 Technologies

10 SEC. 131. FINDINGS AND POLICY.

11 (a) FINDINGS.—Congress finds that—

12 (1) in 2008, 104 nuclear power plants produced

13 19.6 percent of the electricity generated in the

14 United States, slightly less than the electricity gen-

15 erated by natural gas;

16 (2) nuclear energy is the largest provider of

17 clean, low-carbon, electricity, almost 8 times larger

18 than all renewable power production combined, ex-

19 cluding hydroelectric power;

20 (3) nuclear energy supplies consistent, base-load

21 electricity, independent of environmental conditions;

22 (4) by displacing fossil fuels that would other-

23 wise be used for electricity production, nuclear power

24 plants virtually eliminate emissions of greenhouse 112

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 gases and criteria pollutants associated with acid

2 rain, smog, or ozone;

3 (5) nuclear power generation continues to re-

4 quire robust efforts to address issues of safety,

5 waste, and proliferation;

6 (6) even if every nuclear plant is granted a 20-

7 year extension, all currently operating nuclear plants

8 will be retired by 2055;

9 (7) long lead times for nuclear power plant con-

10 struction indicate that action to stimulate the nu-

11 clear power industry should not be delayed;

12 (8) the high upfront capital costs of nuclear

13 plant construction remain a substantial obstacle, de-

14 spite theoretical potential for significant cost reduc-

15 tion;

16 (9) translating theoretical cost reduction poten-

17 tial into actual reduced construction costs remains a

18 significant industry challenge that can be overcome

19 only through demonstrated performance;

20 (10) as of January 2009, 17 companies and

21 consortia have submitted applications to the Nuclear

22 Regulatory Commission for 26 new reactors in the

23 United States;

24 (11) those proposed reactors will use the latest

25 in nuclear technology for efficiency and safety, more 113

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 advanced than the technology of the 1960s and

2 1970s found in the reactors currently operating in

3 the United States;

4 (12) increased resources for the Nuclear Regu-

5 latory Commission and reform of the licensing proc-

6 ess have improved the safety and timeliness of the

7 regulatory environment;

8 (13) the United States has not built a new re-

9 actor since the 1970s and, as a result, will need to

10 revitalize and retool the institutions and infrastruc-

11 ture necessary to construct, maintain, and support

12 new reactors, including improvements in manufac-

13 turing of nuclear components and training for the

14 next generation nuclear workforce; and

15 (14) those new reactors will launch a new era

16 for the nuclear industry, and translate into tens of

17 thousands of jobs

18 (b) STATEMENT OF POLICY.—It is the policy of the

19 United States, given the importance of transitioning to a

20 clean energy, low-carbon economy, to facilitate the contin-

21 ued development and growth of a safe and clean nuclear

22 energy industry, through—

23 (1) reductions in financial and technical bar-

24 riers to construction and operation; and 114

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (2) incentives for the development of a well-

2 trained workforce and the growth of safe domestic

3 nuclear and nuclear-related industries.

4 SEC. 132. NUCLEAR WORKER TRAINING.

5 (a) DEFINITION OF APPLICABLE PERIOD.—In this

6 section, the term ‘‘applicable period’’ means—

7 (1) the 5-year period beginning on January 1,

8 2012; and

9 (2) each 5-year period beginning on each Janu-

10 ary 1 thereafter.

11 (b) USE OF FUNDS.—Of amounts made available to

12 carry out this section for the calendar years in each appli-

13 cable period—

14 (1) the Secretary of Energy shall use such

15 amounts for each applicable period as the Secretary

16 of Energy determines to be necessary to increase the

17 number and amounts of nuclear science talent ex-

18 pansion grants and nuclear science competitiveness

19 grants provided under section 5004 of the America

20 COMPETES Act (42 U.S.C. 16532); and

21 (2) the Secretary of Labor, in consultation with

22 nuclear energy entities and organized labor, shall

23 use such amounts for each applicable period as the

24 Secretary of Labor determines to be necessary to

25 carry out programs expanding workforce training to 115

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 meet the high demand for workers skilled in nuclear

2 power plant construction and operation, including

3 programs for—

4 (A) electrical craft certification;

5 (B) preapprenticeship career technical edu-

6 cation for industrialized skilled crafts that are

7 useful in the construction of nuclear power

8 plants;

9 (C) community college and skill center

10 training for nuclear power plant technicians;

11 (D) training of construction management

12 personnel for nuclear power plant construction

13 projects; and

14 (E) regional grants for integrated nuclear

15 energy workforce development programs.

16 SEC. 133. NUCLEAR SAFETY AND WASTE MANAGEMENT

17 PROGRAMS.

18 (a) NUCLEAR FACILITY LONG-TERM OPERATIONS

19 RESEARCH AND DEVELOPMENT PROGRAM.—

20 (1) ESTABLISHMENT.—As soon as practicable

21 after the date of enactment of this Act, the Sec-

22 retary of Energy (referred to in this section as the

23 ‘‘Secretary’’) shall establish a research and develop-

24 ment program— 116

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (A) to address the reliability, availability,

2 productivity, component aging, safety, and secu-

3 rity of nuclear power plants;

4 (B) to improve the performance of nuclear

5 power plants;

6 (C) to sustain the health and safety of em-

7 ployees of nuclear power plants;

8 (D) to assess the feasibility of nuclear

9 power plants to continue to provide clean and

10 economic electricity safely, substantially beyond

11 the first license extension period of the nuclear

12 power plants, which will—

13 (i) significantly contribute to the en-

14 ergy security of the United States; and

15 (ii) help protect the environment of

16 the United States; and

17 (E) to support significant carbon reduc-

18 tions, lower overall costs that are required to

19 reduce carbon emissions, and increase energy

20 security.

21 (2) CONDUCT OF PROGRAM.—

22 (A) IN GENERAL.—In carrying out the

23 program established under paragraph (1), the

24 Secretary shall— 117

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (i) build a fundamental scientific basis

2 to understand, predict, and measure

3 changes in materials, systems, structures,

4 equipment, and components as the mate-

5 rials, systems, structures, equipment, and

6 components age through continued oper-

7 ations in long-term service environments;

8 (ii) develop new safety analysis tools

9 and methods to enhance the performance

10 and safety of nuclear power plants;

11 (iii) develop advanced online moni-

12 toring, control, and diagnostics tech-

13 nologies to prevent equipment failures and

14 improve the safety of nuclear power plants;

15 (iv) establish a technical basis for ad-

16 vanced fuel designs (including silicon car-

17 bide fuel cladding) to increase the safety

18 margins of nuclear power plants; and

19 (v) examine issues, including—

20 (I) issues relating to material

21 degradation, plant aging, and tech-

22 nology upgrades; and

23 (II) any other issue that would

24 impact decisions to extend the lifespan

25 of nuclear power plants. 118

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (B) TECHNICAL SUPPORT.—In carrying

2 out the program established under paragraph

3 (1), the Secretary shall provide to the Chairman

4 of the Nuclear Regulatory Commission informa-

5 tion collected under the program—

6 (i) to help ensure informed decisions

7 regarding the extension of the life of nu-

8 clear power plants beyond a 60-year life-

9 span; and

10 (ii) for the licensing and long-term

11 management, and safe and economical op-

12 eration, of nuclear power plants.

13 (b) SPENT NUCLEAR WASTE DISPOSAL RESEARCH

14 AND DEVELOPMENT PROGRAM.—

15 (1) ESTABLISHMENT.—As soon as practicable

16 after the date of enactment of this Act, the Sec-

17 retary shall establish a research and development

18 program to improve the understanding of nuclear

19 spent fuel management and the entire nuclear fuel

20 cycle life.

21 (2) CONDUCT OF PROGRAM.—In carrying out

22 the program established under paragraph (1), the

23 Secretary shall carry out science-based research and

24 development activities to pursue dramatic improve-

25 ments in a range of nuclear spent fuel management 119

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 options, including short-term and long-term storage

2 and disposal, and proliferation-resistant nuclear

3 spent fuel recycling.

4 (c) AUTHORIZATION OF APPROPRIATIONS.—There

5 are authorized to be appropriated such sums as are nec-

6 essary to carry out this section.

7 Subtitle D—Water Efficiency

8 SEC. 141. WATERSENSE.

9 (a) IN GENERAL.—There is established within the

10 Environmental Protection Agency a WaterSense program

11 to identify and promote water-efficient products, build-

12 ings, landscapes, facilities, processes, and services, so as—

13 (1) to reduce water use;

14 (2) to reduce the strain on water, wastewater,

15 and stormwater infrastructure;

16 (3) to conserve energy used to pump, heat,

17 transport, and treat water; and

18 (4) to preserve water resources for future gen-

19 erations, through voluntary labeling of, or other

20 forms of communications about, products, buildings,

21 landscapes, facilities, processes, and services that

22 meet the highest water efficiency and performance

23 criteria.

24 (b) DUTIES.—The Administrator shall—

25 (1) establish— 120

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (A) a WaterSense label to be used for cer-

2 tain items; and

3 (B) the procedure by which an item may

4 be certified to display the WaterSense label;

5 (2) promote WaterSense-labeled products,

6 buildings, landscapes, facilities, processes, and serv-

7 ices in the market place as the preferred tech-

8 nologies and services for—

9 (A) reducing water use; and

10 (B) ensuring product and service perform-

11 ance;

12 (3) work to enhance public awareness of the

13 WaterSense label through public outreach, edu-

14 cation, and other means;

15 (4) preserve the integrity of the WaterSense

16 label by—

17 (A) establishing and maintaining perform-

18 ance criteria so that products, buildings, land-

19 scapes, facilities, processes, and services labeled

20 with the WaterSense label perform as well or

21 better than less water-efficient counterparts;

22 (B) overseeing WaterSense certifications

23 made by third parties;

24 (C) conducting reviews of the use of the

25 WaterSense label in the marketplace and taking 121

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 corrective action in any case in which misuse of

2 the label is identified; and

3 (D) carrying out such other measures as

4 the Administrator determines to be appropriate;

5 (5) regularly review and, if appropriate, update

6 WaterSense criteria for categories of products, build-

7 ings, landscapes, facilities, processes, and services,

8 at least once every 4 years;

9 (6) to the maximum extent practicable, regu-

10 larly estimate and make available to the public the

11 production and relative market shares of, and the

12 savings of water, energy, and capital costs of water,

13 wastewater, and stormwater infrastructure attrib-

14 utable to the use of WaterSense-labeled products,

15 buildings, landscapes, facilities, processes, and serv-

16 ices, at least annually;

17 (7) solicit comments from interested parties and

18 the public prior to establishing or revising a

19 WaterSense category, specification, installation cri-

20 terion, or other criterion (or prior to effective dates

21 for any such category, specification, installation cri-

22 terion, or other criterion);

23 (8) provide reasonable notice to interested par-

24 ties and the public of any changes (including effec-

25 tive dates), on the adoption of a new or revised cat-122

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 egory, specification, installation criterion, or other

2 criterion, along with—

3 (A) an explanation of the changes; and

4 (B) as appropriate, responses to comments

5 submitted by interested parties and the public;

6 (9) provide appropriate lead time (as deter-

7 mined by the Administrator) prior to the applicable

8 effective date for a new or significant revision to a

9 category, specification, installation criterion, or other

10 criterion, taking into account the timing require-

11 ments of the manufacturing, marketing, training,

12 and distribution process for the specific product,

13 building and landscape, or service category ad-

14 dressed;

15 (10) identify and, if appropriate, implement

16 other voluntary approaches in commercial, institu-

17 tional, residential, industrial, and municipal sectors

18 to encourage recycling and reuse technologies to im-

19 prove water efficiency or lower water use; and

20 (11) where appropriate, apply the WaterSense

21 label to water-using products that are labeled by the

22 Energy Star program implemented by the Adminis-

23 trator and the Secretary of Energy. 123

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (c) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to carry out this sec-

3 tion—

4 (1) $7,500,000 for fiscal year 2010;

5 (2) $10,000,000 for fiscal year 2011;

6 (3) $20,000,000 for fiscal year 2012;

7 (4) $50,000,000 for fiscal year 2013; and

8 (5) for each subsequent fiscal year, the applica-

9 ble amount during the preceding fiscal year, as ad-

10 justed to reflect changes for the 12-month period

11 ending the preceding November 30 in the Consumer

12 Price Index for All Urban Consumers published by

13 the Bureau of Labor Statistics of the Department of

14 Labor.

15 SEC. 142. FEDERAL PROCUREMENT OF WATER-EFFICIENT

16 PRODUCTS.

17 (a) DEFINITIONS.—In this section:

18 (1) AGENCY.—The term ‘‘Agency’’ has the

19 meaning given the term in section 7902(a) of title

20 5, United States Code.

21 (2) FEMP-DESIGNATED PRODUCT.—The term

22 ‘‘FEMP-designated product’’ means a product that

23 is designated under the Federal Energy Manage-

24 ment Program of the Department of Energy as 124

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 being among the highest 25 percent of equivalent

2 products for efficiency.

3 (3) PRODUCT,  BUILDING,  LANDSCAPE,  FACIL-

4 ITY, PROCESS, AND SERVICE.—The terms ‘‘product’’,

5 ‘‘building’’, ‘‘landscape’’, ‘‘facility’’, ‘‘process’’, and

6 ‘‘service’’ do not include—

7 (A) any water-using product, building,

8 landscape, facility, process, or service designed

9 or procured for combat or combat-related mis-

10 sions; or

11 (B) any product, building, landscape, facil-

12 ity, process, or service already covered by the

13 Federal procurement regulations established

14 under section 553 of the National Energy Con-

15 servation Policy Act (42 U.S.C. 8259b).

16 (4) WATERSENSE PRODUCT,  BUILDING,  LAND-

17 SCAPE, FACILITY, PROCESS, OR SERVICE.—The term

18 ‘‘WaterSense product, building, landscape, facility,

19 process, or service’’ means a product, building, land-

20 scape, facility, process, or service that is labeled for

21 water efficiency under the WaterSense program.

22 (5) WATERSENSE PROGRAM.—The term

23 ‘‘WaterSense program’’ means the program estab-

24 lished by section 141. 125

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (b) PROCUREMENT OF WATER EFFICIENT PROD-

2 UCTS.—

3 (1) REQUIREMENT.—

4 (A) IN GENERAL.—To meet the require-

5 ments of an agency for a water-using product,

6 building, landscape, facility, process, or service,

7 the head of an Agency shall, except as provided

8 in paragraph (2), procure—

9 (i) a WaterSense product, building,

10 landscape, facility, process, or service; or

11 (ii) a FEMP-designated product.

12 (B) SENSE OF CONGRESS REGARDING IN-

13 STALLATION PREFERENCES.—It is the sense of

14 Congress that a WaterSense irrigation system

15 should, to the maximum extent practicable, be

16 installed and audited by a WaterSense-certified

17 irrigation professional to ensure optimal per-

18 formance.

19 (2) EXCEPTIONS.—The head of an Agency shall

20 not be required to procure a WaterSense product,

21 building, landscape, facility, process, or service or

22 FEMP-designated product under paragraph (1) if

23 the head of the Agency finds in writing that—

24 (A) a WaterSense product, building, land-

25 scape, facility, process, or service or FEMP-des-126

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 ignated product is not cost-effective over the life

2 of the product, building, landscape, facility,

3 process, or service, taking energy, water, and

4 wastewater service cost savings into account; or

5 (B) no WaterSense product, building, land-

6 scape, facility, process, or service or FEMP-des-

7 ignated product is reasonably available that

8 meets the functional requirements of the Agen-

9 cy.

10 (3) PROCUREMENT PLANNING.—

11 (A) IN GENERAL.—The head of an Agency

12 shall incorporate criteria used for evaluating

13 WaterSense products, buildings, landscapes, fa-

14 cilities, processes, and services and FEMP-des-

15 ignated products into—

16 (i) the specifications for all procure-

17 ments involving water-using products,

18 buildings, landscapes, facilities, processes,

19 and systems, including guide specifications,

20 project specifications, and construction,

21 renovation, and services contracts that in-

22 clude provision of water-using products,

23 buildings, landscapes, facilities, processes,

24 and systems; and 127

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (ii) the factors for the evaluation of

2 offers received for the procurement.

3 (B) LISTING OF WATER-EFFICIENT PROD-

4 UCTS IN FEDERAL CATALOGS.—WaterSense

5 products, buildings, landscapes, facilities, proc-

6 esses, and systems and FEMP-designated prod-

7 ucts shall be clearly identified and prominently

8 displayed in any inventory or listing of products

9 by the General Services Administration or the

10 Defense Logistics Agency.

11 (C) ADDITIONAL MEASURES.—The head of

12 an Agency shall consider, to the maximum ex-

13 tent practicable, additional measures for reduc-

14 ing Agency water use, including water reuse

15 technologies, leak detection and repair, and use

16 of waterless products that perform similar func-

17 tions to existing water-using products.

18 (c) RETROFIT PROGRAMS.—The head of each Agen-

19 cy, working in coordination with the Administrator and

20 the heads of such other Agencies as the President may

21 designate, shall develop standards and implementation

22 procedures for a building water efficiency retrofit pro-

23 gram, which shall include the following elements:

24 (1) EVALUATION OF PRODUCTS AND SYS-

25 TEMS.—Not later than 270 days after the date of 128

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 enactment of this Act, each Agency shall evaluate

2 water-consuming products and systems in buildings

3 operated by such Agency and identify opportunities

4 for retrofit and replacement of such products and

5 systems with high-efficiency equipment, such as

6 zero-water-consumption equipment, high-efficiency

7 toilets, high-efficiency shower heads, and high-effi-

8 ciency faucets, and other products that are certified

9 as Watersense products or FEMP-designated prod-

10 ucts.

11 (2) RETROFIT PLAN.—Not later than 360 days

12 after the date of enactment of this Act, each Agency

13 shall, in coordination with other appropriate Agen-

14 cies and officials, prepare a water efficiency retrofit

15 plan that shall, to the maximum extent practicable,

16 maximize retrofitting of water-consuming products

17 and systems and replacement with high-efficiency

18 equipment described in paragraph (1).

19 (d) GUIDELINES.—Not later than 180 days after the

20 date of enactment of this Act, the Administrator, working

21 in coordination with the Secretary of Energy and the

22 heads of such other Agencies as the President may des-

23 ignate, shall issue guidelines to carry out this section. 129

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 SEC. 143. STATE RESIDENTIAL WATER EFFICIENCY AND

2 CONSERVATION INCENTIVES PROGRAM.

3 (a) DEFINITIONS.—In this section:

4 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-

5 ty’’ means a State government, local or county gov-

6 ernment, tribal government, wastewater or sewerage

7 utility, municipal water authority, energy utility,

8 water utility, or nonprofit organization that meets

9 the requirements of subsection (b).

10 (2) INCENTIVE PROGRAM.—The term ‘‘incentive

11 program’’ means a program for administering finan-

12 cial incentives for consumer purchase and installa-

13 tion of water-efficient products, buildings (including

14 New Water-Efficient Homes), landscapes, processes,

15 or services described in subsection (b)(1).

16 (3) RESIDENTIAL WATER-EFFICIENT PRODUCT,

17 BUILDING, LANDSCAPE, PROCESS, OR SERVICE.—

18 (A) IN GENERAL.—The term ‘‘residential

19 water-efficient product, building, landscape,

20 process, or service’’ means a product, building,

21 landscape, process, or service for a residence or

22 its landscape that is rated for water efficiency

23 and performance—

24 (i) by the WaterSense program; or

25 (ii) if a WaterSense specification does

26 not exist, by the Energy Star program or 130

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 an incentive program approved by the Ad-

2 ministrator.

3 (B) INCLUSIONS.—The term ‘‘residential

4 water-efficient product, building, landscape,

5 process, or service’’ includes—

6 (i) faucets;

7 (ii) irrigation technologies and serv-

8 ices;

9 (iii) point-of-use water treatment de-

10 vices;

11 (iv) reuse and recycling technologies;

12 (v) toilets;

13 (vi) clothes washers;

14 (vii) dishwashers;

15 (viii) showerheads;

16 (ix) xeriscaping and other landscape

17 conversions that replace irrigated turf; and

18 (x) New Water Efficient Homes cer-

19 tified by the WaterSense program.

20 (4) WATERSENSE PROGRAM.—The term

21 ‘‘WaterSense program’’ means the program estab-

22 lished by section 141.

23 (b) ELIGIBLE ENTITIES.—An entity shall be eligible

24 to receive an allocation under subsection (c) if the entity— 131

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (1) establishes (or has established) an incentive

2 program to provide financial incentives to residential

3 consumers for the purchase of residential water-effi-

4 cient products, buildings, landscapes, processes, or

5 services;

6 (2) submits an application for the allocation at

7 such time, in such form, and containing such infor-

8 mation as the Administrator may require; and

9 (3) provides assurances satisfactory to the Ad-

10 ministrator that the entity will use the allocation to

11 supplement, but not supplant, funds made available

12 to carry out the incentive program.

13 (c) AMOUNT OF ALLOCATIONS.—For each fiscal year,

14 the Administrator shall determine the amount to allocate

15 to each eligible entity to carry out subsection (d), taking

16 into consideration—

17 (1) the population served by the eligible entity

18 during the most recent calendar year for which data

19 are available;

20 (2) the targeted population of the incentive pro-

21 gram of the eligible entity, such as general house-

22 holds, low-income households, or first-time home-

23 owners, and the probable effectiveness of the incen-

24 tive program for that population; 132

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (3) for existing programs, the effectiveness of

2 the program in encouraging the adoption of water-

3 efficient products, buildings, landscapes, facilities,

4 processes, and services;

5 (4) any allocation to the eligible entity for a

6 preceding fiscal year that remains unused; and

7 (5) the per capita water demand of the popu-

8 lation served by the eligible entity during the most

9 recent calendar year for which data are available

10 and the accessibility of water supplies to such entity.

11 (d) USE OF ALLOCATED FUNDS.—Funds allocated to

12 an eligible entity under subsection (c) may be used to pay

13 up to 50 percent of the cost of establishing and carrying

14 out an incentive program.

15 (e) FIXTURE RECYCLING.—Eligible entities are en-

16 couraged to promote or implement fixture recycling pro-

17 grams to manage the disposal of older fixtures replaced

18 due to the incentive program under this section.

19 (f) ISSUANCE OF INCENTIVES.—

20 (1) IN GENERAL.—Financial incentives may be

21 provided to residential consumers that meet the re-

22 quirements of the applicable incentive program.

23 (2) MANNER OF ISSUANCE.—An eligible entity

24 may— 133

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (A) issue all financial incentives directly to

2 residential consumers; or

3 (B) with approval of the Administrator,

4 delegate all or part of financial incentive admin-

5 istration to other organizations, including local

6 governments, municipal water authorities, water

7 utilities, and non-profit organizations.

8 (3) AMOUNT.—The amount of a financial in-

9 centive shall be determined by the eligible entity,

10 taking into consideration—

11 (A) the amount of any Federal or State in-

12 centive available for the purchase of the resi-

13 dential water-efficient product or service;

14 (B) the amount necessary to change con-

15 sumer behavior to purchase water-efficient

16 products and services; and

17 (C) the consumer expenditures for onsite

18 preparation, assembly, and original installation

19 of the product.

20 (g) AUTHORIZATION OF APPROPRIATIONS.—There

21 are authorized to be appropriated to the Administrator to

22 carry out this section—

23 (1) $100,000,000 for fiscal year 2010;

24 (2) $150,000,000 for fiscal year 2011;

25 (3) $200,000,000 for fiscal year 2012; 134

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (4) $150,000,000 for fiscal year 2013;

2 (5) $100,000,000 for fiscal year 2014; and

3 (6) for each subsequent fiscal year, the applica-

4 ble amount during the preceding fiscal year, as ad-

5 justed to reflect changes for the 12-month period

6 ending the preceding November 30 in the Consumer

7 Price Index for All Urban Consumers published by

8 the Bureau of Labor Statistics of the Department of

9 Labor.

10 Subtitle E—Miscellaneous

11 SEC. 151. OFFICE OF CONSUMER ADVOCACY.

12 (a) OFFICE.—

13 (1) ESTABLISHMENT.—There is established an

14 Office of Consumer Advocacy to serve as an advo-

15 cate for the public interest.

16 (2) DIRECTOR.—The Office shall be headed by

17 a Director to be appointed by the President, who is

18 admitted to the Federal Bar, with experience in pub-

19 lic utility proceedings, and by and with the advice

20 and consent of the Senate.

21 (3) DUTIES.—The Office may—

22 (A) represent, and appeal on behalf of, en-

23 ergy customers on matters concerning rates or

24 service of public utilities and natural gas com-135

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 panies under the jurisdiction of the Commis-

2 sion—

3 (i) at hearings of the Commission;

4 (ii) in judicial proceedings in the

5 courts of the United States; and

6 (iii) at hearings or proceedings of

7 other Federal regulatory agencies and com-

8 missions;

9 (B) monitor and review energy customer

10 complaints and grievances on matters con-

11 cerning rates or service of public utilities and

12 natural gas companies under the jurisdiction of

13 the Commission;

14 (C) investigate independently, or within the

15 context of formal proceedings, the services pro-

16 vided by, the rates charged by, and the valu-

17 ation of the properties of, public utilities and

18 natural gas companies under the jurisdiction of

19 the Commission;

20 (D) develop means, such as public dissemi-

21 nation of information, consultative services, and

22 technical assistance, to ensure, to the maximum

23 extent practicable, that the interests of energy

24 consumers are adequately represented in the 136

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 course of any hearing or proceeding described

2 in subparagraph (A);

3 (E) collect data concerning rates or service

4 of public utilities and natural gas companies

5 under the jurisdiction of the Commission; and

6 (F) prepare and issue reports and rec-

7 ommendations.

8 (4) COMPENSATION AND POWERS.—The Direc-

9 tor may—

10 (A) employ and fix the compensation of

11 such staff personnel as is deemed necessary;

12 and

13 (B) procure temporary and intermittent

14 services as needed.

15 (5) ACCESS TO INFORMATION.—Each depart-

16 ment, agency, and instrumentality of the Federal

17 Government is authorized and directed to furnish to

18 the Director such reports and other information as

19 he deems necessary to carry out his functions under

20 this section.

21 (b) CONSUMER ADVOCACY ADVISORY COMMITTEE.—

22 (1) ESTABLISHMENT.—The Director shall es-

23 tablish an advisory committee to be known as Con-

24 sumer Advocacy Advisory Committee (in this section

25 referred to as the ‘‘Advisory Committee’’) to review 137

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 rates, services, and disputes and to make rec-

2 ommendations to the Director.

3 (2) COMPOSITION.—The Director shall appoint

4 5 members to the Advisory Committee including—

5 (A) 2 individuals representing State Utility

6 Consumer Advocates; and

7 (B) 1 individual, from a nongovernmental

8 organization, representing consumers.

9 (3) MEETINGS.—The Advisory Committee shall

10 meet at such frequency as may be required to carry

11 out its duties.

12 (4) REPORTS.—The Director shall provide for

13 publication of recommendations of the Advisory

14 Committee on the public website established for the

15 Office.

16 (5) DURATION.—Notwithstanding any other

17 provision of law, the Advisory Committee shall con-

18 tinue in operation during the period in which the Of-

19 fice exists.

20 (6) APPLICATION OF FACA.—Except as other-

21 wise specifically provided, the Advisory Committee

22 shall be subject to the Federal Advisory Committee

23 Act.

24 (c) DEFINITIONS.—In this section: 138

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (1) COMMISSION.—The term ‘‘Commission’’

2 means the Federal Energy Regulatory Commission.

3 (2) ENERGY CUSTOMER.—The term ‘‘energy

4 customer’’ means a residential customer or a small

5 commercial customer that receives products or serv-

6 ices from a public utility or natural gas company

7 under the jurisdiction of the Commission.

8 (3) NATURAL GAS COMPANY.—The term ‘‘nat-

9 ural gas company’’ has the meaning given the term

10 in section 2 of the Natural Gas Act (15 U.S.C.

11 717a).

12 (4) OFFICE.—The term ‘‘Office’’ means the Of-

13 fice of Consumer Advocacy established by subsection

14 (a)(1).

15 (5) PUBLIC UTILITY.—The term ‘‘public util-

16 ity’’ has the meaning given the term in section

17 201(e) of the Federal Power Act (16 U.S.C. 824(e)).

18 (6) SMALL COMMERCIAL CUSTOMER.—The term

19 ‘‘small commercial customer’’ means a commercial

20 customer that has a peak demand of not more than

21 1,000 kilowatts per hour.

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized such sums as necessary to carry out this

24 section. 139

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (e) SAVINGS CLAUSE.—Nothing in this section af-

2 fects the rights or obligations of State Utility Consumer

3 Advocates.

4 SEC. 152. CLEAN TECHNOLOGY BUSINESS COMPETITION

5 GRANT PROGRAM.

6 (a) IN GENERAL.—The Administrator may provide

7 grants to organizations to conduct business competitions

8 that provide incentives, training, and mentorship to entre-

9 preneurs and early stage start-up companies throughout

10 the United States to meet high-priority economic, environ-

11 mental, and energy goals in areas including air quality,

12 energy efficiency and renewable energy, transportation,

13 water quality and conservation, green buildings, and waste

14 management.

15 (b) PURPOSES.—

16 (1) IN GENERAL.—The competitions described

17 in subsection (a) shall have the purposes of—

18 (A) accelerating the development and de-

19 ployment of clean technology businesses and

20 green jobs;

21 (B) stimulating green economic develop-

22 ment;

23 (C) providing business training and men-

24 toring to early stage clean technology compa-

25 nies; and 140

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (D) strengthening the competitiveness of

2 United States clean technology industry in

3 world trade markets.

4 (2) PRIORITY.—Priority shall be given to busi-

5 ness competitions that—

6 (A) are led by the private sector;

7 (B) encourage regional and interregional

8 cooperation; and

9 (C) can demonstrate market-driven prac-

10 tices and the creation of cost-effective green

11 jobs through an annual publication of competi-

12 tion activities and directory of companies.

13 (c) ELIGIBILITY.—

14 (1) IN GENERAL.—To be eligible for a grant

15 under this section, an organization shall be any

16 sponsored entity of an organization described in sub-

17 paragraph (A) that is operated as a nonprofit entity.

18 (2) PRIORITY.—In making grants under this

19 section, the Administrator shall give priority to orga-

20 nizations that can demonstrate broad funding sup-

21 port from private and other non-Federal funding

22 sources to leverage Federal investment.

23 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

24 authorized to be appropriated to carry out this section

25 $20,000,000. 141

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 SEC. 153. PRODUCT CARBON DISCLOSURE PROGRAM.

2 (a) EPA STUDY.—The Administrator shall conduct

3 a study to determine the feasibility of establishing a na-

4 tional program for measuring, reporting, publicly dis-

5 closing, and labeling products or materials sold in the

6 United States for their carbon content, and shall, not later

7 than 18 months after the date of enactment of this Act,

8 transmit a report to Congress which shall include the fol-

9 lowing:

10 (1) A determination of whether a national prod-

11 uct carbon disclosure program and labeling program

12 would be effective in achieving the intended goals of

13 achieving greenhouse gas reductions and an exam-

14 ination of existing programs globally and their

15 strengths and weaknesses.

16 (2) Criteria for identifying and prioritizing sec-

17 tors and products and processes that should be cov-

18 ered in such program or programs.

19 (3) An identification of products, processes, or

20 sectors whose inclusion could have a substantial car-

21 bon impact (prioritizing industrial products such as

22 iron and steel, aluminum, cement, chemicals, and

23 paper products, and also including food, beverage,

24 hygiene, cleaning, household cleaners, construction,

25 metals, clothing, semiconductor, and consumer elec-

26 tronics). 142

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (4) Suggested methodology and protocols for

2 measuring the carbon content of the products across

3 the entire carbon lifecycle of such products for use

4 in a carbon disclosure program and labeling pro-

5 gram.

6 (5) A review of existing greenhouse gas product

7 accounting standards, methodologies, and practices

8 including the Greenhouse Gas Protocol, ISO 14040/

9 44, ISO 14067, and Publically Available Specifica-

10 tion 2050, and including a review of the strengths

11 and weaknesses of each.

12 (6) A survey of secondary databases including

13 the Manufacturing Energy Consumption Survey, an

14 evaluation of the quality of data for use in a product

15 carbon disclosure program and product carbon label-

16 ing program, an identification of gaps in the data

17 relative to the potential purposes of a national prod-

18 uct carbon disclosure program and product carbon

19 labeling program, and development of recommenda-

20 tions for addressing these data gaps.

21 (7) An assessment of the utility of comparing

22 products and the appropriateness of product carbon

23 standards.

24 (8) An evaluation of the information needed on

25 a label for clear and accurate communication, in-143

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 cluding what pieces of quantitative and qualitative

2 information need to be disclosed.

3 (9) An evaluation of the appropriate boundaries

4 of the carbon lifecycle analysis for different sectors

5 and products.

6 (10) An analysis of whether default values

7 should be developed for products whose producer

8 does not participate in the program or does not have

9 data to support a disclosure or label and a deter-

10 mination of the best ways to develop such default

11 values.

12 (11) A recommendation of certification and

13 verification options necessary to assure the quality

14 of the information and avoid greenwashing or the

15 use of insubstantial or meaningless environmental

16 claims to promote a product.

17 (12) An assessment of options for educating

18 consumers about product carbon content and the

19 product carbon disclosure program and product car-

20 bon labeling program.

21 (13) An analysis of the costs and timelines as-

22 sociated with establishing a national product carbon

23 disclosure program and product carbon labeling pro-

24 gram, including options for a phased approach.

25 Costs should include those for businesses associated 144

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 with the measurement of carbon footprints and

2 those associated with creating a product carbon label

3 and managing and operating a product carbon label-

4 ing program, and options for minimizing these costs.

5 (14) An evaluation of incentives (such as finan-

6 cial incentives, brand reputation, and brand loyalty)

7 to determine whether reductions in emissions can be

8 accelerated through encouraging more efficient man-

9 ufacturing or by encouraging preferences for lower-

10 emissions products to substitute for higher-emissions

11 products whose level of performance is no better.

12 (b) DEVELOPMENT OF NATIONAL CARBON DISCLO-

13 SURE PROGRAM.—Upon conclusion of the study, and not

14 later than 3 years after the date of enactment of this Act,

15 the Administrator shall establish a national product car-

16 bon disclosure program, participation in which shall be

17 voluntary, and which may involve a product carbon label

18 with broad applicability to the wholesale and consumer

19 markets to enable and encourage knowledge about carbon

20 content by producers and consumers and to inform efforts

21 to reduce energy consumption (carbon dioxide equivalent

22 emissions) nationwide. In developing such a program, the

23 Administrator shall—

24 (1) consider the results of the study conducted

25 under subsection (a); 145

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (2) consider existing and planned programs and

2 proposals and measurement standards (including the

3 Publicly Available Specification 2050, standards to

4 be developed by the World Resource Institute/World

5 Business Council for Sustainable Development, the

6 International Standards Organization, and the bill

7 AB19 pending in the California legislature as of the

8 date of enactment of this Act);

9 (3) consider the compatibility of a national

10 product carbon disclosure program with existing pro-

11 grams;

12 (4) utilize incentives and other means to spur

13 the adoption of product carbon disclosure and prod-

14 uct carbon labeling;

15 (5) develop protocols and parameters for a

16 product carbon disclosure program, including a

17 methodology and formula for assessing, verifying,

18 and potentially labeling a product’s greenhouse gas

19 content, and for data quality requirements to allow

20 for product comparison;

21 (6) create a means to—

22 (A) document best practices;

23 (B) ensure clarity and consistency;

24 (C) work with suppliers, manufacturers,

25 and retailers to encourage participation; 146

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (D) ensure that protocols are consistent

2 and comparable across like products; and

3 (E) evaluate the effectiveness of the pro-

4 gram;

5 (7) make publicly available information on

6 product carbon content to ensure transparency;

7 (8) provide for public outreach, including a con-

8 sumer education program to increase awareness;

9 (9) develop training and education programs to

10 help businesses learn how to measure and commu-

11 nicate their carbon footprint and easy tools and tem-

12 plates for businesses to use to reduce cost and time

13 to measure their products’ carbon lifecycle;

14 (10) consult with the Secretary of Energy, the

15 Secretary of Commerce, the Federal Trade Commis-

16 sion, and other Federal agencies, as necessary;

17 (11) gather input from stakeholders through

18 consultations, public workshops, or hearings with

19 representatives of consumer product manufacturers,

20 consumer groups, and environmental groups;

21 (12) utilize systems for verification and product

22 certification that will ensure that claims manufactur-

23 ers make about their products are valid;

24 (13) create a process for reviewing the accuracy

25 of product carbon label information and protecting 147

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 the product carbon label in the case of a change in

2 the product’s energy source, supply chain, ingredi-

3 ents, or other factors, and specify the frequency to

4 which data should be updated; and

5 (14) develop a standardized, easily understand-

6 able carbon label, if appropriate, and create a proc-

7 ess for responding to inaccuracies and misuses of

8 such a label.

9 (c) REPORT TO CONGRESS.—Not later than 5 years

10 after the program is established pursuant to subsection

11 (b), the Administrator shall report to Congress on the ef-

12 fectiveness and impact of the program, the level of vol-

13 untary participation, and any recommendations for addi-

14 tional measures.

15 (d) DEFINITIONS.—In this section:

16 (1) The term ‘‘carbon content’’ means the

17 quantity of greenhouse gas emissions and the warm-

18 ing impact of those emissions on the atmosphere ex-

19 pressed in carbon dioxide equivalent associated with

20 a product’s value chain.

21 (2) The term ‘‘carbon footprint’’ means the

22 level of greenhouse gas emissions produced by a par-

23 ticular activity, service, or entity.

24 (3) The term ‘‘carbon lifecycle’’ means the

25 greenhouse gas emissions that are released as part 148

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 of the processes of creating, producing, processing,

2 manufacturing, modifying, transporting, distrib-

3 uting, storing, using, recycling, or disposing of goods

4 and services.

5 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

6 authorized to be appropriated to the Administrator—

7 (1) to carry out the study required by sub-

8 section (a), $5,000,000; and

9 (2) to carry out the program required under

10 subsection (b), $25,000,000 for each of fiscal years

11 2010 through 2025.

12 SEC. 154. STATE RECYCLING PROGRAMS.

13 (a) ESTABLISHMENT.—The Administrator shall es-

14 tablish a State Recycling Program governing the use of

15 funds by States in accordance with this Act.

16 (b) USE OF FUNDING.—

17 (1) IN GENERAL.—States receiving funding to

18 carry out this section shall use the proceeds to carry

19 out recycling programs in accordance with this sec-

20 tion.

21 (2) COUNTY AND MUNICIPAL PROGRAMS.—Not

less than

1

22 ⁄4 of the funding made available to a State

23 to carry out this section shall be distributed by the

24 State to county and municipal recycling programs as

25 described in subsection (c)(1), to be used exclusively 149

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 to support recycling purposes and associated source

2 reduction purposes, including to provide incentives—

3 (A) for recycling-related technology that—

4 (i) reduces or avoids greenhouse gas

5 emissions;

6 (ii) increases collection rates; and

7 (iii) improves the quality of recyclable

8 material that is separated from solid

9 waste;

10 (B) for energy-efficiency projects for trans-

11 portation fleets and recycling equipment used to

12 collect and sort recyclable material separated

13 from solid waste;

14 (C) for recycling program-related expenses,

15 including—

16 (i) education and job training;

17 (ii) development and implementation

18 of variable rate (commonly referred to as

19 ‘‘pay-as-you-throw’’) recycling programs

20 and anaerobic digestion programs;

21 (iii) promotion of public space recy-

22 cling programs;

23 (iv) approaches for assuring compli-

24 ance with recycling requirements; and 150

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (v) development or implementation of

2 best practices for municipal solid waste re-

3 duction programs; and

4 (D) to ensure that recyclable material is

5 not sent for disposal or incineration during fluc-

6 tuating markets.

(3) RECYCLING FACILITIES.—Not less than

1

7 ⁄4

8 of the funding made available to a State to carry out

9 this section shall be distributed by the State to eligi-

10 ble recycling facilities as described in subsection

11 (c)(2) to be used exclusively to support the recycling

12 purposes and associated source reduction purposes

13 of the facilities, including to provide—

14 (A) incentives for the demonstration or de-

15 ployment of recycling-related technology and

16 equipment that reduce or avoid greenhouse gas

17 emissions;

18 (B) incentives to facilities that increase the

19 quantity and quality of recyclable material that

20 is recycled versus sent for disposal or inciner-

21 ation;

22 (C) funding for research, management,

23 and removal of impediments to recycling, in-

24 cluding—

25 (i) radioactive material; and 151

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (ii) devices or materials that contain

2 polychlorinated biphenyls, mercury, or

3 chlorofluorocarbons;

4 (D) funding for research on, and develop-

5 ment and deployment of, new technologies to

6 more efficiently and effectively recycle items

7 such as automobile shredder residue, cathode

8 ray tubes, plastics, and tires; and

9 (E) incentives to recycle materials identi-

10 fied by the Administrator that are not being re-

11 cycled at a recycling facility.

12 (4) MANUFACTURING FACILITIES.—Not less

than

1

13 ⁄4 of the funding made available to a State to

14 carry out this section shall be distributed by the

15 State to eligible manufacturing facilities as described

16 in subsection (c)(3) to be used exclusively to support

17 recycling purposes, including to provide incentives

18 for the demonstration or deployment of—

19 (A) manufacturing-related technology and

20 equipment that would increase the use of recy-

21 clable material and avoid or reduce greenhouse

22 gas emissions;

23 (B) radiation detection equipment and the

24 costs associated with recovery of detected radi-

25 ated recyclable material; 152

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (C) technologies that will detect and sepa-

2 rate contaminants, including mercury-, lead-,

3 and cadmium-containing devices;

4 (D) strategies and technologies to remove

5 impediments to recovering recyclable material;

6 and

7 (E) strategies and technologies to improve

8 the energy efficiency of technology and equip-

9 ment used to manufacture recyclable material.

10 (c) ELIGIBILITY REQUIREMENTS.—

11 (1) COUNTY AND MUNICIPALITY PROGRAMS.—

12 Funds provided under subsection (b)(2) shall be pro-

13 vided on a competitive basis to county and municipal

14 recycling programs that—

15 (A) have within the solid waste manage-

16 ment plans of the programs a recycling man-

17 agement plan that includes an education out-

18 reach program for the individuals and entities

19 served by the program constituency that high-

20 lights the lifecycle benefits of recycling; and

21 (B) collect at least 5 recyclable materials,

22 such as—

23 (i) ferrous and nonferrous metal;

24 (ii) aluminum;

25 (iii) plastic; 153

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (iv) tires and rubber;

2 (v) household electronic equipment;

3 (vi) glass;

4 (vii) scrap food;

5 (viii) recoverable fiber or paper; and

6 (ix) textiles;

7 (C) demonstrate, not later than 3 years

8 after the date of receipt of funds under this

9 subtitle, reasonable progress toward achieving—

10 (i) a collection rate goal of at least 30

11 percent of the total recyclable materials

12 available from the solid waste stream in

13 the requesting State, county, or municipal

14 program; or

15 (ii) a 10-percent increase of collected

16 recyclable materials compared to the total

17 solid waste stream in the requesting State,

18 county, or municipal program; and

19 (D)(i) own, operate, or contract to oper-

20 ate—

21 (I) a curbside recyclables collection

22 program;

23 (II) a redemption center or drop-off

24 facility for recyclables; and

25 (III) a materials recovery facility; and 154

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (ii) have in place a quality, environmental,

2 health, and safety management system (such as

3 that of the International Standards Organiza-

4 tion or an equivalent) that includes goals to re-

5 duce the operational carbon baselines of the

6 programs.

7 (2) RECYCLING FACILITY.—Funds provided

8 under subsection (b)(3) shall be provided on a com-

9 petitive basis to a recycling facility that—

10 (A) processes recyclable material into com-

11 mercial specification-grade commodities for use

12 as raw material feed stock at recovery facilities,

13 including for use as—

14 (i) a replacement or substitute for a

15 virgin raw material; or

16 (ii) a replacement or substitute for a

17 product made, in whole or in part, from a

18 virgin raw material;

19 (B) has a verifiable carbon baseline; and

20 (C) has an environmental, health and safe-

21 ty, and quality management system (such as

22 that of the International Standards Organiza-

23 tion or an equivalent) that includes goals to re-

24 duce the operational carbon baseline of the re-

25 cycling facility per unit of material processed. 155

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (3) MANUFACTURING FACILITY.—Funds pro-

2 vided under subsection (b)(4) shall be provided on a

3 competitive basis to a manufacturing facility that—

4 (A) can report on a verifiable carbon base-

5 line that is consistent with applicable reporting

6 requirements; and

7 (B) has an environmental, health and safe-

8 ty, and quality management system (such as

9 that of the International Standards Organiza-

10 tion or an equivalent) that includes goals to re-

11 duce the operational carbon baseline of the

12 manufacturing facility per unit of material

13 processed.

14 (d) REPORTING.—Each State that distributes funds

15 under this section shall submit to the Administrator, in

16 accordance with such requirements as the Administrator

17 may prescribe, a report that includes—

18 (1) a list of entities receiving funding under

19 this section, including entities receiving such funding

20 from units of local government pursuant to sub-

21 section (b)(2);

22 (2) the amount of funding received by each

23 such recipient;

24 (3) the specific purposes for which the funding

25 was conveyed to each such recipient; and 156

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (4) documentation of the quantity of net recy-

2 clable material that was collected and processed and

3 greenhouse gas emissions that were reduced or

4 avoided accordingly, through use of the funding,

5 based on a lifecycle calculation developed by the Ad-

6 ministrator.

7 (e) METHODOLOGY AND DECISIONMAKING.—The Ad-

8 ministrator, as appropriate—

9 (1) shall develop and periodically update

10 lifecycle methods to quantify the relationship be-

11 tween waste management decisions, including recy-

12 cling and waste reduction, greenhouse gas reduc-

13 tions, and energy use reductions, for purposes that

14 include—

15 (A) helping to support decisions under

16 Federal, State, and municipal recycling and

17 waste management programs, including—

18 (i) estimating greenhouse gas and en-

19 ergy benefits of increasing collection or

20 adding new materials to recycling pro-

21 grams;

22 (ii) comparing the benefits of recy-

23 cling and waste reduction to other green-

24 house gas and energy use reduction strate-

25 gies; 157

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (iii) optimizing waste management

2 strategies to maximize greenhouse gas re-

3 ductions and energy use reductions; and

4 (iv) public education; and

5 (B) designing products to optimize waste

6 reduction and recycling opportunities and use of

7 recycled materials in the manufacturing proc-

8 ess;

9 (2) may collect data to support the development

10 of the methods described in paragraph (1); and

11 (3) to improve national consistency, shall, in

12 consultation with appropriate State and local rep-

13 resentatives and municipal recycling programs, iden-

14 tify best practices to promote improvement in, and

15 support State efforts in improving, municipal recy-

16 cling and resource recovery programs.

17 SEC. 155. SUPPLEMENTAL AGRICULTURE AND FORESTRY

18 GREENHOUSE GAS REDUCTION AND RENEW-

19 ABLE ENERGY PROGRAM.

20 (a) AGRICULTURAL GREENHOUSE GAS REDUC-

21 TIONS.—

22 (1) ESTABLISHMENT.—

23 (A) IN GENERAL.—The Secretary of Agri-

24 culture (referred to in this section as the ‘‘Sec-

25 retary’’), in coordination with the Secretary of 158

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 the Interior, shall establish a Greenhouse Gas

2 Reduction Incentives Program (referred to in

3 this section as the ‘‘program’’) to provide finan-

4 cial assistance to owners and operators of agri-

5 cultural land (including land on which specialty

6 crops are produced and private or public land

7 used for grazing) and forest land for projects

8 and activities that measurably increase carbon

9 sequestration or reduce greenhouse gas emis-

10 sions.

11 (B) SHARED AUTHORITY.—The Secretary

12 shall delegate to the Secretary of the Interior

13 the authority to carry out projects on land

14 under the jurisdiction of or operated by the De-

15 partment of the Interior.

16 (2) PRIORITY.—In carrying out the program,

17 the Secretary shall give priority to projects or activi-

18 ties that—

19 (A) reduce greenhouse gas emissions or in-

20 crease sequestration of greenhouse gases, and

21 achieve significant other environmental benefits,

22 such as the improvements of water or air qual-

23 ity or natural resources; and

24 (B) reduce greenhouse gas emissions or se-

25 quester carbon in agricultural and forestry op-159

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 erations where there are limited recognized op-

2 portunities to achieve such emission reductions

3 or sequestration.

4 (3) ELIGIBLE PROJECTS AND ACTIVITIES.—Eli-

5 gible projects and payments shall include those

6 that—

7 (A) reflect the comparable amount that the

8 owners or operators would receive in the offset

9 market if not for compliance with environ-

10 mental laws that preclude the owners and oper-

11 ators from being eligible for receiving an offset

12 credit under a Federal law enacted for the pur-

13 pose of regulating greenhouse gas emissions;

14 (B) provide greenhouse gas emission bene-

15 fits, but do not receive an offset credit or qual-

16 ify for an early action allowance under a Fed-

17 eral law enacted for the purpose of regulating

18 greenhouse gas emissions, including projects

19 and activities that provide an opportunity to

20 demonstrate and test new or uncertain methods

21 to reduce or sequester emissions;

22 (C) reward early adopters, including pro-

23 ducers that practice no-till agriculture, and en-

24 sure that individuals and entities that took ac-

25 tion prior to the implementation of a Federal 160

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 law enacted for the purpose of regulating green-

2 house gas emissions are not placed at a com-

3 petitive disadvantage, including giving special

4 consideration to owners or operators located in

5 jurisdictions with more stringent environmental

6 laws (including regulations), compliance with

7 which precludes the owners or operators from

8 participating such an offset market;

9 (D) provide incentives for supplemental

10 greenhouse gas emission reductions on private

11 forest land of the United States;

12 (E) prevent any conversion of land, includ-

13 ing native grassland, native prairie, rangeland,

14 cropland, or forested land, that would increase

15 greenhouse gas emissions or a loss of carbon se-

16 questration; or

17 (F) support action on Federal, State, or

18 tribal land.

19 (4) REQUIREMENTS.—Financial incentives and

20 support provided by the Secretary for a project or

21 activity under this section shall, to the maximum ex-

22 tent practicable—

23 (A) be directly proportional to the quantity

24 and duration of greenhouse gas emissions re-

25 duced or carbon sequestered (except with re-161

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 spect to projects and activities that provide ad-

2 aptation benefits); and

3 (B) complement and leverage existing con-

4 servation, forestry, and energy program expend-

5 itures to provide measurable emission reduction

6 and sequestration benefits that otherwise may

7 not take place or continue to exist.

8 (5) ELIGIBILITY.—An owner or operator shall

9 not be prohibited from participating in the program

10 established under this section due to participation of

11 the owner or operator in other Federal or State con-

12 servation or agricultural assistance programs.

13 (6) FORMS OF ASSISTANCE.—The Secretary

14 may use any of the following to provide assistance

15 under this section:

16 (A) Conservation easements.

17 (B) Carbon sequestration and mitigation

18 contracts between the owner or operator and

19 the Secretary for the performance of projects or

20 activities that reduce greenhouse gas emissions

21 or sequester carbon.

22 (C) Financial incentives through timber

23 harvest contracts.

24 (D) Financial incentives through grazing

25 contracts. 162

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (E) Grants.

2 (F) Such other forms of assistance as the

3 Secretary determines to be appropriate.

4 (7) REVERSALS.—The Secretary shall specify

5 methods to address intentional or unintentional re-

6 versal of carbon sequestration or greenhouse gas

7 emission reductions that occur during the term of a

8 contract or easement under this section.

9 (8) ACCOUNTING SYSTEMS.—In carrying out

10 this section, the Secretary shall develop and imple-

11 ment—

12 (A) a national accounting system for car-

13 bon stocks, sequestration, and greenhouse gas

14 emissions that may be used to assess progress

15 in implementing this section at a national level;

16 and

17 (B) credible reporting and accounting sys-

18 tems to ensure that incentives provided under

19 this section are achieving stated objectives.

20 (9) PROGRAM MEASUREMENT,  MONITORING,

21 AND VERIFICATION.—The Secretary, in consultation

22 with the Administrator—

23 (A) shall establish and implement protocols

24 that provide reasonable monitoring and

25 verification of compliance with terms associated 163

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 with assistance provided under this section, in-

2 cluding field sampling of actual performance, to

3 develop annual estimates of emission reductions

4 achieved under the program;

5 (B) shall report annually the total number

6 of tons of carbon dioxide sequestered or the

7 total number of tons of emissions avoided

8 through incentives provided under this section;

9 and

10 (C) not later than 2 years after the date

11 of enactment of this Act, and at least every 18

12 months thereafter, submit to Congress and

13 make available to the public on the website of

14 the Department of Agriculture a report that in-

15 cludes—

16 (i) an estimate of annual and cumu-

17 lative reductions generated through the

18 program under this section, determined

19 using standardized measures (including

20 economic efficiency); and

21 (ii) a summary of any changes to the

22 program, in accordance with this section,

23 that will be made as a result of program

24 measurement, monitoring, and verification

25 conducted under this section. 164

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (b) RESEARCH PROGRAM.—The Secretary shall es-

2 tablish by rule a program to conduct research to develop

3 additional projects and activities for crops to find addi-

4 tional techniques and methods to reduce greenhouse gas

5 emissions or sequester greenhouse gases that may or may

6 not meet criteria for a Federal law enacted for the purpose

7 of regulating greenhouse gas emissions.

8 SEC. 156. ECONOMIC DEVELOPMENT CLIMATE CHANGE

9 FUND.

10 (a) IN GENERAL.—Title II of the Public Works and

11 Economic Development Act of 1965 (42 U.S.C. 3141 et

12 seq.) is amended by adding at the end the following:

13 ‘‘SEC. 219. ECONOMIC DEVELOPMENT CLIMATE CHANGE

14 FUND.

15 ‘‘(a) IN GENERAL.—On the application of an eligible

16 recipient, the Secretary may provide technical assistance,

17 make grants, enter into contracts, or otherwise provide

18 amounts for projects—

19 ‘‘(1) to promote energy efficiency to enhance

20 economic competitiveness;

21 ‘‘(2) to increase the use of renewable energy re-

22 sources to support sustainable economic development

23 and job growth; 165

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 ‘‘(3) to support the development of conventional

2 energy resources to produce alternative transpor-

3 tation fuels, electricity and heat;

4 ‘‘(4) to develop energy efficient or environ-

5 mentally sustainable infrastructure;

6 ‘‘(5) to promote environmentally sustainable

7 economic development practices and models;

8 ‘‘(6) to support development of energy effi-

9 ciency and alternative energy development plans,

10 studies or analysis, including enhancement of new

11 and existing Comprehensive Economic Development

12 Strategies funded under this Act; and

13 ‘‘(7) to supplement other Federal grants, loans,

14 or loan guarantees for purposes described in para-

15 graphs (1) through (6).

16 ‘‘(b) FEDERAL SHARE.—The Federal share of the

17 cost of any project carried out under this section shall not

18 exceed 80 percent, except that the Federal share of a Fed-

19 eral grant, loan, or loan guarantee provided under sub-

20 section (a)(7) may be 100 percent.

21 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

22 is authorized to be appropriated to carry out this section

23 $50,000,000 for each of fiscal years 2009 through 2013,

24 to remain available until expended.’’. 166

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (b) CONFORMING AMENDMENT.—The table of con-

2 tents contained in section 1(b) of the Public Works and

3 Economic Development Act of 1965 (42 U.S.C. 3141 et

4 seq.)is amended by inserting after the item relating to sec-

5 tion 218 the following:

‘‘Sec. 219. Economic Development Climate Change Fund.’’.

6 SEC. 157. STUDY OF RISK-BASED PROGRAMS ADDRESSING

7 VULNERABLE AREAS.

8 (a) IN GENERAL.—The Administrator, or the heads

9 of such other Federal agencies as the President may des-

10 ignate, shall conduct a study and, not later than 2 years

11 after the date of enactment of this Act, submit to Con-

12 gress a report regarding risk-based policies and programs

13 addressing vulnerable areas.

14 (b) REQUIREMENTS.—The report shall

15 (1) review and assess Federal predisaster miti-

16 gation, emergency response, and flood insurance

17 policies and programs that affect areas vulnerable to

18 the impacts of climate change;

19 (2) describe strategies for better addressing

20 such vulnerabilities and provide implementation rec-

21 ommendations;

22 (3) assess whether the policies and programs

23 described in paragraph (1) support the State re-

24 sponse and adaptation goals and objectives identified

25 under this Act; 167

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (4) identify, and make recommendations to re-

2 solve, inconsistencies in Federal policies and pro-

3 grams in effect as of the date of enactment of this

4 Act that address areas vulnerable to climate change;

5 and

6 (5) identify annual cost savings to the Federal

7 Government associated with the implementation of

8 the strategies and recommendations contained in the

9 report.

10 Subtitle F—Energy Efficiency and

11 Renewable Energy

12 SEC. 161. RENEWABLE ENERGY.

13 (a) DEFINITIONS.—In this section:

14 (1) RENEWABLE ENERGY.—The term ‘‘renew-

15 able energy’’ means electric energy generated from

16 solar, wind, biomass, landfill gas, ocean (including

17 tidal, wave, current, and thermal), geothermal, mu-

18 nicipal solid waste, or new hydroelectric generation

19 capacity achieved from increased efficiency or addi-

20 tions of new capacity at an existing hydroelectric

21 project.

22 (2) RENEWABLE PORTFOLIO STANDARD.—The

23 term ‘‘ ‘renewable portfolio standard’ ’’ means a state

24 statute that requires electricity providers to obtain a 168

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 minimum percentage of their power from renewable

2 energy resources by a certain date.

3 (b) GRANTS.—The Administrator, in consultation

4 with the Secretaries of Energy, Interior, and Agriculture,

5 may provide grants for projects to increase the quantity

6 of energy a State uses from renewable sources under State

7 renewable portfolio standard laws.

8 (c) ELIGIBILITY.—The Administrator shall review for

9 approval projects applications that are—

10 (1) submitted by State and local governments,

11 Indian tribes, public utilities, regional energy co-

12 operatives, or individual energy producers from

13 states with a binding Renewable Portfolio Standard;

14 or

15 (2) submitted by State and local governments,

16 Indian tribes, public utilities, or regional energy co-

17 operatives from states with nonbinding goals for

18 adoption of renewable energy requirements.

19 (d) PRIORITY.—The Administrator shall give priority

20 to project applications that are—

21 (1) submitted by States with a binding renew-

22 able portfolio standard;

23 (2) cost-effective in achieving greater renewable

24 energy production in each State.

25 (e) CERTIFICATION.— 169

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (1) IN GENERAL.—The Administrator shall no-

2 tify in writing the Governor of each eligible State as

3 described in section (c) at the time at which the Ad-

4 ministrator begins review of a project application re-

5 ceived from an eligible entity within the State.

6 (2) CERTIFICATION.—The Governor shall cer-

7 tify in writing within 30 days of receipt of the Ad-

8 ministrator’s notification described in subsection (1)

9 that the project application—

10 (A) will assist the State in reaching renew-

11 able portfolio standard targets under applicable

12 state laws; and

13 (B) has secured non-Federal funding

14 sources that, in conjunction with the requested

15 grant amount, will be sufficient to complete the

16 renewable energy project.

17 (f) RULEMAKING.—

18 (1) IN GENERAL.—Not later than 90 days after

19 the date of enactment of this Act, the Administrator

20 shall initiate rulemaking procedures necessary to im-

21 plement this section.

22 (2) FINAL RULES;  ACCEPTANCE OF APPLICA-

23 TIONS.—Not later than 90 days after the close of

24 the public comment period relating to the rule-170

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 making described in paragraph (1), the Adminis-

2 trator shall—

3 (A) promulgate final regulations to carry

4 out this section; and

5 (B) begin accepting project applications for

6 review.

7 (g) REPORTING.—Not later than 180 days after the

8 date of enactment of this Act, and every 180 days there-

9 after, the Administrator shall submit to the Committee on

10 Energy and Commerce of the House of Representatives

11 and the Committee on Environment and Public Works of

12 the Senate a report specifying, with respect to the pro-

13 gram under this section—

14 (1) the project applications received;

15 (2) the project applications approved;

16 (3) the amount of funding allocated per project;

17 and

18 (4) the cumulative benefits of the grant pro-

19 gram.

20 (h) GRANT AMOUNT.—A grant provided under this

21 section may be in an amount that does not exceed 50 per-

22 cent of the total cost of the renewable energy project to

23 be funded by the grant. 171

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (i) AUTHORIZATION.—There are authorized to be ap-

2 propriated such sums as are necessary to carry out this

3 section.

4 SEC. 162. ADVANCED BIOFUELS.

5 (a) DEFINITIONS.—In this section:

6 (1) ADVANCED BIOFUEL.—The term ‘‘advanced

7 biofuel’’ shall have such meaning as is given the

8 term by the Administrator in regulations promul-

9 gated under subsection (c).

10 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-

11 ty’’ means an individual, corporate entity, unit of

12 State or local government, Indian tribe, farm cooper-

13 ative, institution of higher learning, rural electric co-

14 operative, or public utility.

15 (b) GRANTS.—The Administrator, in consultation

16 with the Secretary of Agriculture and the Secretary of En-

17 ergy, may provide grants to support research and develop-

18 ment of advanced biofuels.

19 (c) REGULATIONS.—

20 (1) IN GENERAL.—Not later than 18 months

21 after the date of enactment of this Act, the Adminis-

22 trator shall promulgate regulations to carry out this

23 section (including a definition of the term ‘‘advanced

24 biofuel’’ for the purpose of providing assistance

25 under this section). 172

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (2) REQUIREMENTS.—The regulations promul-

2 gated under paragraph (1) shall—

3 (A) provide that the Administrator shall

4 make grants available to eligible entities to sup-

5 port—

6 (i) research regarding the production

7 of advanced biofuels;

8 (ii) the development of new advanced

9 biofuel production and capacity-building

10 technologies;

11 (iii) the development and construction

12 of commercial-scale advanced biofuel pro-

13 duction facilities; and

14 (iv) the expanded production of ad-

15 vanced biofuels;

16 (B) provide that, to receive a grant under

17 this section, an eligible entity shall submit to

18 the Administrator—

19 (i) a project proposal with detailed

20 project information, as determined by the

21 Administrator; and

22 (ii) such records as the Administrator

23 may require as evidence of the production

24 of advanced biofuels or the importance and 173

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 necessity of advanced biofuels research and

2 new technologies; and

3 (C) include appropriate cost-sharing re-

4 quirements developed by the Administrator for

5 grant awards for authorized uses of funds

6 under this section.

7 (3) PRIORITY.—The Administrator shall give

8 priority to eligible entities based on—

9 (A) technical and economic feasibility of a

10 project proposal;

11 (B) cost-effectiveness of a project proposal;

12 (C) the use of innovative technologies in a

13 project proposal;

14 (D) the availability of non-Federal re-

15 sources, including private resources, to fund the

16 project proposal; and

17 (E) whether the project proposed can be

18 replicated.

19 SEC. 163. ENERGY EFFICIENCY IN BUILDING CODES.

20 (a) ENERGY EFFICIENCY TARGETS.—

21 (1) RULEMAKING TO ESTABLISH TARGETS.—

22 The Administrator, or such other agency head or

23 heads as may be designated by the President, in

24 consultation with the Director of the National Insti-

25 tute of Standards and Technology, shall promulgate 174

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 regulations establishing building code energy effi-

2 ciency targets for the national average percentage

3 improvement of buildings’ energy performance. Such

4 regulations shall establish a national building code

5 energy efficiency target for residential buildings and

6 commercial buildings when built to a code meeting

7 the target, beginning not later than January 1, 2014

8 and applicable each calendar year through December

9 31, 2030.

10 (b) NATIONAL ENERGY EFFICIENCY BUILDING

11 CODES.—

12 (1) RULEMAKING TO ESTABLISH NATIONAL

13 CODES.—The Administrator, or such other agency

14 head or heads as may be designated by the Presi-

15 dent, shall promulgate regulations establishing na-

16 tional energy efficiency building codes for residential

17 and commercial buildings. Such regulations shall be

18 sufficient to meet the national building code energy

19 efficiency targets established under subsection (a) in

20 the most cost-effective manner, and may include pro-

21 visions for State adoption of the national building

22 code standards and certification of State programs

23 (c) ANNUAL REPORTS.—The Administrator, or such

24 other agency head or heads as may be designated by the 175

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 President, shall annually submit to Congress, and publish

2 in the Federal Register, a report on—

3 (1) the status of national energy efficiency

4 building codes;

5 (2) the status of energy efficiency building code

6 adoption and compliance in the States;

7 (3) the implementation of and compliance with

8 regulations promulgated under this section;

9 (4) the status of Federal and State enforcement

10 of building codes; and

11 (5) impacts of action under this section, and

12 potential impacts of further action, on lifetime en-

13 ergy use by buildings, including resulting energy and

14 cost savings.

15 SEC. 164. RETROFIT FOR ENERGY AND ENVIRONMENTAL

16 PERFORMANCE.

17 (a) DEFINITIONS.—For purposes of this section:

18 (1) ASSISTED HOUSING.—The term ‘‘assisted

19 housing’’ means those properties receiving project-

20 based assistance pursuant to section 202 of the

21 Housing Act of 1959 (12 U.S.C. 1701q), section

22 811 of the Cranston-Gonzalez National Affordable

23 Housing Act (42 U.S.C. 8013), section 8 of the

24 United States Housing Act of 1937 (42 U.S.C.

25 1437f), or similar programs. 176

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (2) NONRESIDENTIAL BUILDING.—The term

2 ‘‘nonresidential building’’ means a building with a

3 primary use or purpose other than residential hous-

4 ing, including any building used for commercial of-

5 fices, schools, academic and other public and private

6 institutions, nonprofit organizations including faith-

7 based organizations, hospitals, hotels, and other non-

8 residential purposes. Such buildings shall include

9 mixed-use properties used for both residential and

10 nonresidential purposes in which more than half of

11 building floor space is nonresidential.

12 (3) PERFORMANCE-BASED BUILDING RETROFIT

13 PROGRAM.—The term ‘‘performance-based building

14 retrofit program’’ means a program that determines

15 building energy efficiency success based on actual

16 measured savings after a retrofit is complete, as evi-

17 denced by energy invoices or evaluation protocols.

18 (4) PRESCRIPTIVE BUILDING RETROFIT PRO-

19 GRAM.—The term ‘‘prescriptive building retrofit pro-

20 gram’’ means a program that projects building ret-

21 rofit energy efficiency success based on the known

22 effectiveness of measures prescribed to be included

23 in a retrofit.

24 (5) PUBLIC HOUSING.—The term ‘‘public hous-

25 ing’’ means properties receiving assistance under 177

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 section 9 of the United States Housing Act of 1937

2 (42 U.S.C. 1437g).

3 (6) RECOMMISSIONING;

4 RETROCOMMISSIONING.—The terms ‘‘recommis-

5 sioning’’ and ‘‘retrocommissioning’’ have the mean-

6 ing given those terms in section 543(f)(1) of the Na-

7 tional Energy Conservation Policy Act (42 U.S.C.

8 8253(f)(1)).

9 (7) RESIDENTIAL BUILDING.—The term ‘‘resi-

10 dential building’’ means a building whose primary

11 use is residential. Such buildings shall include sin-

12 gle-family homes (both attached and detached),

13 owner-occupied units in larger buildings with their

14 own dedicated space-conditioning systems, apart-

15 ment buildings, multi-unit condominium buildings,

16 public housing, assisted housing, and buildings used

17 for both residential and nonresidential purposes in

18 which more than half of building floor space is resi-

19 dential.

20 (8) STATE ENERGY PROGRAM.—The term

21 ‘‘State Energy Program’’ means the program under

22 part D of title III of the Energy Policy and Con-

23 servation Act (42 U.S.C. 6321 et seq.).

24 (b) ESTABLISHMENT.—The Administrator shall de-

25 velop and implement, in consultation with the Secretary 178

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 of Energy, standards for a national energy and environ-

2 mental building retrofit policy for single-family and multi-

3 family residences. The Administrator shall develop and

4 implement, in consultation with the Secretary of Energy

5 and the Director of Commercial High-Performance Green

6 Buildings, standards for a national energy and environ-

7 mental building retrofit policy for nonresidential buildings.

8 The programs to implement the residential and nonresi-

9 dential policies based on the standards developed under

10 this section shall together be known as the Retrofit for

11 Energy and Environmental Performance (REEP) pro-

12 gram.

13 (c) PURPOSE.—The purpose of the REEP program

14 is to facilitate the retrofitting of existing buildings across

15 the United States to achieve maximum cost-effective en-

16 ergy efficiency improvements and significant improve-

17 ments in water use and other environmental attributes.

18 (d) FEDERAL ADMINISTRATION.—

19 (1) EXISTING PROGRAMS.—In creating and op-

20 erating the REEP program—

21 (A) the Administrator shall make appro-

22 priate use of existing programs, including the

23 Energy Star program and in particular the En-

24 vironmental Protection Agency Energy Star for

25 Buildings program; and 179

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (B) the Administrator shall consult with

2 the Secretary of Energy regarding appropriate

3 use of existing programs, including delegating

4 authority to the Director of Commercial High-

5 Performance Green Buildings appointed under

6 section 421 of the Energy Independence and

7 Security Act of 2007 (42 U.S.C. 17081).

8 (2) CONSULTATION AND COORDINATION.—The

9 Administrator shall consult with and coordinate with

10 the and the Secretary of Energy and the Secretary

11 of Housing and Urban Development in carrying out

12 the REEP program with regard to retrofitting of

13 public housing and assisted housing. As a result of

14 such consultation, the Administrator shall establish

15 standards to ensure that retrofits of public housing

16 and assisted housing funded pursuant to this section

17 are cost-effective, including opportunities to address

18 the potential co-performance of repair and replace-

19 ment needs that may be supported with other forms

20 of Federal assistance. Owners of public housing or

21 assisted housing receiving funding through the

22 REEP program shall agree to continue to provide

23 affordable housing consistent with the provisions of

24 the authorizing legislation governing each program

25 for an additional period commensurate with the 180

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 funding received, as determined in accordance with

2 guidelines established by the Secretary of Housing

3 and Urban Development.

4 (3) ASSISTANCE.—The Administrator shall pro-

5 vide consultation and assistance to State and local

6 agencies for the establishment of revolving loan

7 funds, loan guarantees, or other forms of financial

8 assistance under this section.

9 (e) STATE AND LOCAL ADMINISTRATION.—

10 (1) DESIGNATION AND DELEGATION.—A State

11 may designate one or more agencies or entities, in-

12 cluding those regulated by the State, to carry out

13 the purposes of this section, but shall designate one

14 entity or individual as the principal point of contact

15 for the Administrator regarding the REEP Pro-

16 gram. The designated State agency, agencies, or en-

17 tities may delegate performance of appropriate ele-

18 ments of the REEP program, upon their request

19 and subject to State law, to counties, municipalities,

20 appropriate public agencies, and other divisions of

21 local government, as well as to entities regulated by

22 the State. In making any such designation or delega-

23 tion, a State shall give priority to entities that ad-

24 minister existing comprehensive retrofit programs,

25 including those under the supervision of State utility 181

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 regulators. States shall maintain responsibility for

2 meeting the standards and requirements of the

3 REEP program. In any State that elects not to ad-

4 minister the REEP program, a unit of local govern-

5 ment may propose to do so within its jurisdiction,

6 and if the Administrator finds that such local gov-

7 ernment is capable of administering the program,

8 the Administrator may provide assistance to that

9 local government, prorated according to the popu-

10 lation of the local jurisdiction relative to the popu-

11 lation of the State, for purposes of the REEP pro-

12 gram.

13 (2) EMPLOYMENT.—States and local govern-

14 ment entities may administer a REEP program in

15 a manner that authorizes public or regulated inves-

16 tor-owned utilities, building auditors and inspectors,

17 contractors, nonprofit organizations, for-profit com-

18 panies, and other entities to perform audits and ret-

19 rofit services under this section. A State may pro-

20 vide incentives for retrofits without direct participa-

21 tion by the State or its agents, so long as the result-

22 ing savings are measured and verified. A State or

23 local administrator of a REEP program shall seek

24 to ensure that sufficient qualified entities are avail-

25 able to support retrofit activities so that building 182

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 owners have a competitive choice among qualified

2 auditors, raters, contractors, and providers of serv-

3 ices related to retrofits. Nothing in this section is in-

4 tended to deny the right of a building owner to

5 choose the specific providers of retrofit services to

6 engage for a retrofit project in that owner’s building.

7 (3) EQUAL INCENTIVES FOR EQUAL IMPROVE-

8 MENT.—In general, the States should strive to offer

9 the same levels of incentives for retrofits that meet

10 the same efficiency improvement goals, regardless of

11 whether the State, its agency or entity, or the build-

12 ing owner has conducted the retrofit achieving the

13 improvement, provided the improvement is measured

14 and verified.

15 (f) ELEMENTS OF REEP PROGRAM.—The Adminis-

16 trator, in consultation with the Secretary of Energy, shall

17 establish goals, guidelines, practices, and standards for ac-

18 complishing the purpose stated in subsection (c), and shall

19 annually review and, as appropriate, revise such goals,

20 guidelines, practices, and standards. The program under

21 this section shall include the following:

22 (1) Residential Energy Services Network

23 (RESNET) or Building Performance Institute

24 (BPI) analyst certification of residential building en-

25 ergy and environment auditors, inspectors, and rat-183

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 ers, or an equivalent certification system as deter-

2 mined by the Administrator.

3 (2) BPI certification or licensing by States of

4 residential building energy and environmental ret-

5 rofit contractors, or an equivalent certification or li-

6 censing system as determined by the Administrator.

7 (3) Provision of BPI, RESNET, or other ap-

8 propriate information on equipment and procedures,

9 as determined by the Administrator, that contractors

10 can use to test the energy and environmental effi-

11 ciency of buildings effectively (such as infrared pho-

12 tography and pressurized testing, and tests for water

13 use and indoor air quality).

14 (4) Provision of clear and effective materials to

15 describe the testing and retrofit processes for typical

16 buildings.

17 (5) Guidelines for offering and managing pre-

18 scriptive building retrofit programs and perform-

19 ance-based building retrofit programs for residential

20 and nonresidential buildings.

21 (6) Guidelines for applying recommissioning

22 and retrocommissioning principles to improve a

23 building’s operations and maintenance procedures.

24 (7) A requirement that building retrofits con-

25 ducted pursuant to a REEP program utilize, espe-184

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 cially in all air-conditioned buildings, roofing mate-

2 rials with high solar energy reflectance, unless inap-

3 propriate due to green roof management, solar en-

4 ergy production, or for other reasons identified by

5 the Administrator, in order to reduce energy con-

6 sumption within the building, increase the albedo of

7 the building’s roof, and decrease the heat island ef-

8 fect in the area of the building, without reduction of

9 otherwise applicable ceiling insulation standards.

10 (8) Determination of energy savings in a per-

11 formance-based building retrofit program through—

12 (A) for residential buildings, comparison of

13 before and after retrofit scores on the Home

14 Energy Rating System (HERS) Index, where

15 the final score is produced by an objective third

16 party;

17 (B) for nonresidential buildings, Environ-

18 mental Protection Agency Portfolio Manager

19 benchmarks; or

20 (C) for either residential or nonresidential

21 buildings, use of an Administrator-approved

22 simulation program by a contractor with the

23 appropriate certification, subject to appropriate

24 software standards and verification of at least 185

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 15 percent of all work done, or such other per-

2 centage as the Administrator may determine.

3 (9) Guidelines for utilizing the Energy Star

4 Portfolio Manager, the Home Energy Rating System

5 (HERS) rating system, Home Performance with En-

6 ergy Star program approvals, and any other tools

7 associated with the retrofit program.

8 (10) Requirements and guidelines for post-ret-

9 rofit inspection and confirmation of work and energy

10 savings.

11 (11) Detailed descriptions of funding options

12 for the benefit of State and local governments, along

13 with model forms, accounting aids, agreements, and

14 guides to best practices.

15 (12) Guidance on opportunities for—

16 (A) rating or certifying retrofitted build-

17 ings as Energy Star buildings, or as green

18 buildings under a recognized green building rat-

19 ing system;

20 (B) assigning Home Energy Rating Sys-

21 tem (HERS) or similar ratings; and

22 (C) completing any applicable building per-

23 formance labels. 186

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (13) Sample materials for publicizing the pro-

2 gram to building owners, including public service an-

3 nouncements and advertisements.

4 (14) Processes for tracking the numbers and lo-

5 cations of buildings retrofitted under the REEP pro-

6 gram, with information on projected and actual sav-

7 ings of energy and its value over time.

8 (g) REQUIREMENTS.—As a condition of receiving as-

9 sistance for the REEP program pursuant to this Act, a

10 State or qualifying local government shall—

11 (1) adopt the standards for training, certifi-

12 cation of contractors, certification of buildings, and

13 post-retrofit inspection as developed by the Adminis-

14 trator for residential and nonresidential buildings,

15 respectively, except as necessary to match local con-

16 ditions, needs, efficiency opportunities, or other local

17 factors, or to accord with State laws or regulations,

18 and then only after the Administrator approves such

19 a variance;

20 (2) establish fiscal controls and accounting pro-

21 cedures (which conform to generally accepted gov-

22 ernment accounting principles) sufficient to ensure

23 proper accounting during appropriate accounting pe-

24 riods for payments received and disbursements, and

25 for fund balances; and 187

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (3) agree to make 10 percent of assistance re-

2 ceived to carry out this section available on a pref-

3 erential basis for retrofit projects proposed for pub-

4 lic housing and assisted housing, provided that—

5 (A) none of such funds shall be used for

6 demolition of such housing;

7 (B) such retrofits not shall not be used to

8 justify any increase in rents charged to resi-

9 dents of such housing; and

10 (C) owners of such housing shall agree to

11 continue to provide affordable housing con-

12 sistent with the provisions of the authorizing

13 legislation governing each program for an addi-

14 tional period commensurate with the funding

15 received; and

16 (4) the Administrator shall conduct or require

17 each State to have such independent financial audits

18 of REEP-related funding as the Administrator con-

19 siders necessary or appropriate to carry out the pur-

20 poses of this section.

21 (h) OPTIONS TO SUPPORT REEP PROGRAM.—The as-

22 sistance provided under this section shall support the im-

23 plementation through State REEP programs of alternate

24 means of creating incentives for, or reducing financial bar-188

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 riers to, improved energy and environmental performance

2 in buildings, consistent with this section, including—

3 (1) implementing prescriptive building retrofit

4 programs and performance-based building retrofit

5 programs;

6 (2) providing credit enhancement, interest rate

7 subsidies, loan guarantees, or other credit support;

8 (3) providing initial capital for public revolving

9 fund financing of retrofits;

10 (4) providing funds to support utility-operated

11 retrofit programs with repayments over time

12 through utility rates, calibrated to create net positive

13 cash flow to the building owner, and transferable

14 from one building owner to the next with the build-

15 ing’s utility services;

16 (5) providing funds to local government pro-

17 grams to provide REEP services and financial as-

18 sistance; and

19 (6) other means proposed by State and local

20 agencies, subject to the approval of the Adminis-

21 trator.

22 (i) SUPPORT FOR PROGRAM.—

23 (1) INITIAL AWARD LIMITS.—Except as pro-

24 vided in paragraph (2), State and local REEP pro-

25 grams may make per-building direct expenditures 189

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 for retrofit improvements, or their equivalent in indi-

2 rect or other forms of financial support, from funds

3 made available to carry out this section, in amounts

4 not to exceed the following amounts per unit:

5 (A) RESIDENTIAL BUILDING PROGRAM.—

6 (i) AWARDS.—For residential build-

7 ings—

8 (I) support for a free or low-cost

9 detailed building energy audit that

10 prescribes measures sufficient to

11 achieve at least a 20 percent reduc-

12 tion in energy use, by providing an in-

13 centive equal to the documented cost

14 of such audit, but not more than

15 $200, in addition to any earned by

16 achieving a 20 percent or greater effi-

17 ciency improvement;

18 (II) a total of $1,000 for a com-

19 bination of measures, prescribed in an

20 audit conducted under subclause (I),

21 designed to reduce energy consump-

22 tion by more than 10 percent, and

23 $2,000 for a combination of measures

24 prescribed in such an audit, designed 190

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 to reduce energy consumption by more

2 than 20 percent;

3 (III) $3,000 for demonstrated

4 savings of 20 percent, pursuant to a

5 performance-based building retrofit

6 program; and

7 (IV) $1,000 for each additional 5

8 percentage points of energy savings

9 achieved beyond savings for which

10 funding is provided under subclause

11 (II) or (III).

12 Funding shall not be provided under

13 clauses (II) and (III) for the same energy

14 savings.

15 (ii) MAXIMUM PERCENTAGE.—Awards

16 under clause (i) shall not exceed 50 per-

17 cent of retrofit costs for each building. For

18 buildings with multiple residential units,

19 awards under clause (i) shall not be great-

20 er than 50 percent of the total cost of ret-

21 rofitting the building, prorated among indi-

22 vidual residential units on the basis of rel-

23 ative costs of the retrofit. In the case of

24 public housing and assisted housing, the

25 50 percent contribution matching the con-191

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 tribution from REEP program funds may

2 come from any other source, including

3 other Federal funds.

4 (iii) ADDITIONAL AWARDS.—Addi-

5 tional awards may be provided for pur-

6 poses of increasing energy efficiency, for

7 buildings achieving at least 20 percent en-

8 ergy savings using funding provided under

9 clause (i), in the form of grants of not

10 more than $600 for measures projected or

11 measured (using an appropriate method

12 approved by the Administrator) to achieve

13 at least 35 percent potable water savings

14 through equipment or systems with an es-

15 timated service life of not less than 7

16 years, and not more than an additional

17 $20 may be provided for each additional

18 one percent of such savings, up to a max-

19 imum total grant of $1,200.

20 (B) NONRESIDENTIAL BUILDING PRO-

21 GRAM.—

22 (i) AWARDS.—For nonresidential

23 buildings—

24 (I) support for a free or low-cost

25 detailed building energy audit that 192

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 prescribes, as part of a energy-reduc-

2 ing measures sufficient to achieve at

3 least a 20 percent reduction in energy

4 use, by providing an incentive equal to

5 the documented cost of such audit,

6 but not more than $500, in addition

7 to any award earned by achieving a

8 20 percent or greater efficiency im-

9 provement;

10 (II) $0.15 per square foot of ret-

11 rofit area for demonstrated energy use

12 reductions from 20 percent to 30 per-

13 cent;

14 (III) $0.75 per square foot for

15 demonstrated energy use reductions

16 from 30 percent to 40 percent;

17 (IV) $1.60 per square foot for

18 demonstrated energy use reductions

19 from 40 percent to 50 percent; and

20 (V) $2.50 per square foot for

21 demonstrated energy use reductions

22 exceeding 50 percent.

23 (ii) MAXIMUM PERCENTAGE.—

24 Amounts provided under subclauses (II)

25 through (V) of clause (i) combined shall 193

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 not exceed 50 percent of the total retrofit

2 cost of a building. In nonresidential build-

3 ings with multiple units, such awards shall

4 be prorated among individual units on the

5 basis of relative costs of the retrofit.

6 (iii) ADDITIONAL AWARDS.—Addi-

7 tional awards may be provided, for build-

8 ings achieving at least 20 percent energy

9 savings using funding provided under

10 clause (i), as follows:

11 (I) WATER.—For purposes of in-

12 creasing energy efficiency, grants may

13 be made for whole building potable

14 water use reduction (using an appro-

15 priate method approved by the Ad-

16 ministrator) for up to 50 percent of

17 the total retrofit cost, including

18 amounts up to—

19 (aa) $24.00 per thousand

20 gallons per year of potable water

21 savings of 40 percent or more;

22 (bb) $27.00 per thousand

23 gallons per year of potable water

24 savings of 50 percent or more;

25 and 194

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (cc) $30.00 per thousand

2 gallons per year of potable water

3 savings of 60 percent or more.

4 (II) ENVIRONMENTAL IMPROVE-

5 MENTS.—Additional awards of up to

6 $1,000 may be granted for the inclu-

7 sion of other environmental attributes

8 that the Administrator, in consulta-

9 tion with the Secretary, identifies as

10 contributing to energy efficiency. Such

11 attributes may include, but are not

12 limited to waste diversion and the use

13 of environmentally preferable mate-

14 rials (including salvaged, renewable,

15 or recycled materials, and materials

16 with no or low-VOC content). The Ad-

17 ministrator may recommend that

18 States develop such standards as are

19 necessary to account for local or re-

20 gional conditions that may affect the

21 feasibility or availability of identified

22 resources and attributes.

23 (iv) INDOOR AIR QUALITY MINIMUM.—

24 Nonresidential buildings receiving incen-

25 tives under this section must satisfy at a 195

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 minimum the most recent version of

2 ASHRAE Standard 62.1 for ventilation, or

3 the equivalent as determined by the Ad-

4 ministrator. A State may issue a waiver

5 from this requirement to a building project

6 on a showing that such compliance is in-

7 feasible due to the physical constraints of

8 the building’s existing ventilation system,

9 or such other limitations as may be speci-

10 fied by the Administrator.

11 (C) DISASTER DAMAGED BUILDINGS.—Any

12 source of funds, including Federal funds pro-

13 vided through the Robert T. Stafford Disaster

14 Relief and Emergency Assistance Act, shall

15 qualify as the building owner’s 50 percent con-

16 tribution, in order to match the contribution of

17 REEP funds, so long as the REEP funds are

18 only used to improve the energy efficiency of

19 the buildings being reconstructed. In addition,

20 the appropriate Federal agencies providing as-

21 sistance to building owners through the Robert

22 T. Stafford Disaster Relief and Emergency As-

23 sistance Act shall make information available,

24 following a disaster, to building owners rebuild-

25 ing disaster damaged buildings with assistance 196

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 from the Act, that REEP funds may be used

2 for energy efficiency improvements.

3 (D) HISTORIC BUILDINGS.—Notwith-

4 standing subparagraphs (A) and (B), a building

5 in or eligible for the National Register of His-

6 toric Places shall be eligible for awards under

7 this paragraph in amounts up to 120 percent of

8 the amounts set forth in subparagraphs (A) and

9 (B).

10 (E) SUPPLEMENTAL SUPPORT.—State and

11 local governments may supplement the per-

12 building expenditures under this paragraph

13 with funding from other sources.

14 (2) ADJUSTMENT.—The Administrator may ad-

15 just the specific dollar amounts provided under para-

16 graph (1) in years subsequent to the second year

17 after the date of enactment of this Act, and every

18 2 years thereafter, as the Administrator determines

19 necessary to achieve optimum cost-effectiveness and

20 to maximize incentives to achieve energy efficiency

21 within the total building award amounts provided in

22 that paragraph, and shall publish and hold constant

23 such revised limits for at least 2 years.

24 (j) REPORT TO CONGRESS.—The Administrator shall

25 conduct an annual assessment of the achievements of the 197

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 REEP program in each State, shall prepare an annual re-

2 port of such achievements and any recommendations for

3 program modifications, and shall provide such report to

4 Congress at the end of each fiscal year during which fund-

5 ing or other resources were made available to the States

6 for the REEP Program.

7 Subtitle G—Emission Reductions

8 From Public Transportation Ve-

9 hicles

10 SEC. 171. SHORT TITLE.

11 This subtitle may be cited as the ‘‘Green Taxis Act

12 of 2009’’.

13 SEC. 172. STATE FUEL ECONOMY REGULATION FOR TAXI-

14 CABS.

15 Section 32919 of title 49, United States Code, is

16 amended by adding at the end the following new sub-

17 section:

18 ‘‘(d) TAXICABS.—Notwithstanding subsection (a), a

19 State or political subdivision of a State may prescribe re-

20 quirements for fuel economy for taxicabs and other auto-

21 mobiles if such requirements are at least as stringent as

22 applicable Federal requirements and if such taxicabs and

23 other automobiles— 198

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 ‘‘(1) are automobiles that are capable of trans-

2 porting not more than 10 individuals, including the

3 driver;

4 ‘‘(2) are commercially available or are designed

5 and manufactured pursuant to a contract with such

6 State or political subdivision of such State;

7 ‘‘(3) are operated for hire pursuant to an oper-

8 ating or regulatory license, permit, or other author-

9 ization issued by such State or political subdivision

10 of such State;

11 ‘‘(4) provide local transportation for a fare de-

12 termined on the basis of the time or distance trav-

13 eled or a combination of time and distance traveled;

14 and

15 ‘‘(5) do not exclusively provide transportation to

16 and from airports.’’.

17 SEC. 173. STATE REGULATION OF MOTOR VEHICLE EMIS-

18 SIONS FOR TAXICABS.

19 Section 209 of the Clean Air Act (42 U.S.C. 7543)

20 is amended by adding at the end the following new sub-

21 section:

22 ‘‘(f) TAXICABS.—(1) Notwithstanding subsection (a),

23 a State or political subdivision thereof may adopt and en-

24 force standards for the control of emissions from new

25 motor vehicles that are taxicabs and other vehicles if such 199

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 standards will be, in the aggregate, at least as protective

2 of public health and welfare as applicable Federal stand-

3 ards and if such taxicabs and other vehicles—

4 ‘‘(A) are passenger motor vehicles that are

5 capable of transporting not more than 10 indi-

6 viduals, including the driver;

7 ‘‘(B) are commercially available or are de-

8 signed and manufactured pursuant to a con-

9 tract with such State or political subdivision

10 thereof;

11 ‘‘(C) are operated for hire pursuant to an

12 operating or regulatory license, permit, or other

13 authorization issued by such State or political

14 subdivision thereof;

15 ‘‘(D) provide local transportation for a fare

16 determined on the basis of the time or distance

17 traveled or a combination of time and distance

18 traveled; and

19 ‘‘(E) do not exclusively provide transpor-

20 tation to and from airports.

21 ‘‘(2) If each standard of a State or political subdivi-

22 sion thereof is at least as stringent as the comparable ap-

23 plicable Federal standard, such standard of such State or

24 political subdivision thereof shall be deemed at least as 200

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 protective of health and welfare as such Federal standards

2 for purposes of this subsection.’’.

3 Subtitle H—Clean Energy and

4 Natural Gas

5 SEC. 181. CLEAN ENERGY AND ACCELERATED EMISSION

6 REDUCTION PROGRAM.

7 (a) ESTABLISHMENT.—

8 (1) IN GENERAL.—The Administrator shall es-

9 tablish a program to promote dispatchable power

10 generation projects that can accelerate the reduction

11 of power sector carbon dioxide and other greenhouse

12 gas emissions.

13 (2) USE OF FUNDS.—Funds provided under

14 this section shall be used by the Administrator to

15 make incentive payments to owners or operators of

16 eligible projects.

17 (b) REGULATIONS.—Not later than 90 days after the

18 date of enactment of this Act, the Administrator shall pro-

19 mulgate regulations providing for incentives, pursuant to

20 the requirements of this section.

21 (c) GOAL.—Not later than 3 years after the date of

22 enactment of this Act, the Administrator shall provide in-

23 centives for eligible projects that generate 300,000

24 gigawatt-hours of electricity per year. 201

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (d) CRITERIA FOR ELIGIBLE PROJECTS.—To be eli-

2 gible for funding under this section a project must—

3 (1) reduce emissions below the 2007 average

4 greenhouse gas emissions per megawatt-hour of the

5 United States electric power sector by the quantity

6 specified in subsection (f); and

7 (2) not receive an investment or production

8 credit in—

9 (A) the year in which the project is placed

10 in service; or

11 (B) calendar year 2009, notwithstanding

12 the year in which the project was placed in

13 service.

14 (e) PRIORITY.—The Administrator shall give priority

15 to eligible projects from the following categories:

16 (1) Power generation projects designed to inte-

17 grate intermittent renewable power into the bulk-

18 power system.

19 (2) Energy storage projects used to support re-

20 newable energy.

21 (3) Power generation projects with carbon cap-

22 ture and sequestration that are not eligible for other

23 assistance under this Act. 202

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (4) Projects that achieve the greatest reduction

2 in greenhouse gas emissions per dollar of incentive

3 payment.

4 (f) EMISSION REDUCTION CRITERIA.—For the pur-

5 poses of subsection (d), the applicable emission reduction

6 quantity shall be determined in accordance with the fol-

7 lowing table:

Calendar years

Percentage below 2007 average greenhouse gas emissions per MWh of

United States electric power sector

2010 through 2020 .................................................. 25 percent

2021 through 2025 .................................................. 40 percent

2026 through 2030 .................................................. 65 percent

8 (g) AUTHORIZATION OF APPROPRIATIONS.—There

9 are authorized to be appropriated to the Administrator

10 such sums as are necessary to carry out this section for

11 each of fiscal years 2010 through 2030.

12 SEC. 182. ADVANCED NATURAL GAS TECHNOLOGIES.

13 (a) DEFINITIONS.—In this section:

14 (1) CORPORATION.—

15 (A) IN GENERAL.—The term ‘‘corpora-

16 tion’’ means any corporation, joint-stock com-

17 pany, partnership, limited liability company, as-

18 sociation, business trust, or other organized

19 group of persons, regardless of incorporation.

20 (B) EXCLUSION.—The term ‘‘corporation’’

21 does not include a municipality.

22 (2) ELIGIBLE ENTITY.— 203

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (A) IN GENERAL.—The term ‘‘eligible enti-

2 ty’’ means an entity that is eligible to receive a

3 grant under subsection (b).

4 (B) INCLUSIONS.—The term ‘‘eligible enti-

5 ty’’ includes a corporation, an eligible research

6 entity, an industry entity, a municipality, a mu-

7 nicipal natural gas distribution system, and a

8 natural gas distribution company.

9 (3) ELIGIBLE RESEARCH ENTITY.—

10 (A) IN GENERAL.—The term ‘‘eligible re-

11 search entity’’ means an entity that is experi-

12 enced in planning, conducting, and imple-

13 menting natural gas research, development,

14 demonstration, and deployment projects.

15 (B) INCLUSIONS.—The term ‘‘eligible re-

16 search entity’’ includes a research institution

17 and an institution of higher education.

18 (4) INDUSTRY ENTITY.—

19 (A) IN GENERAL.—The term ‘‘industry en-

20 tity’’ means the persons and municipalities col-

21 lectively engaged in the delivery of natural gas

22 for consumption in the United States (such as

23 natural gas distribution companies and munic-

24 ipal natural gas distribution systems). 204

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (B) EXCLUSION.—The term ‘‘industry en-

2 tity’’ does not include any natural gas cus-

3 tomer.

4 (5) MUNICIPALITY.—The term ‘‘municipality’’

5 means a city, county, or other political subdivision or

6 agency of a State.

7 (6) MUNICIPAL NATURAL GAS DISTRIBUTION

8 SYSTEM.—The term ‘‘municipal natural gas distribu-

9 tion system’’ means a municipality engaged in the

10 business of delivering natural gas for consumption to

11 residential, commercial, industrial, and other natural

12 gas customers.

13 (7) NATURAL GAS.—

14 (A) IN GENERAL.—The term ‘‘natural

15 gas’’ means a mixture of hydrocarbon and non-

16 hydrocarbon gases, primarily methane, that

17 have been produced from geological formations

18 or by any other means.

19 (B) INCLUSION.—The term ‘‘natural gas’’

20 includes renewable biogas.

21 (8) NATURAL GAS DISTRIBUTION COMPANY.—

22 The term ‘‘natural gas distribution company’’ means

23 a person engaged in the business of distributing nat-

24 ural gas for consumption to residential, commercial,

25 industrial, or other natural gas customers. 205

O:\DEC\DEC09671.xml [file 2 of 5] S.L.C.

1 (b) GRANT PROGRAMS.—

2 (1) NATURAL GAS ELECTRICITY GENERATION

3 GRANTS.—The Administrator, in consultation with

4 Secretary of Energy, may provide to eligible entities

5 research and development grants to support the de-

6 ployment of low greenhouse-gas-emitting end-use

7 technologies, including carbon capture and seques-

8 tration technologies, for natural gas electricity gen-

9 eration.

10 (2) NATURAL GAS RESIDENTIAL AND COMMER-

11 CIAL TECHNOLOGY GRANTS.—The Administrator

12 shall establish a program to provide to eligible enti-

13 ties grants to advance the commercial demonstration

14 or early development of low greenhouse-gas-emitting

15 end-use technologies fueled by natural gas, including

16 carbon capture and storage, for residential and com-

17 mercial purposes, through research, development,

18 demonstration, and deployment of those tech-

19 nologies.

20 (c) REPORTING.—Not later than 180 days after the

21 date of enactment of this Act, and every 180 days there-

22 after, the Secretary of Energy shall submit to the Com-

23 mittee on Energy and Commerce of the House of Rep-

24 resentatives and the Senate Committees on Energy and

25 Natural Resources and Environment and Public Works of 206

O:\DEC\DEC09672.xml [file 3 of 5] S.L.C.

1 the Senate a report that describes the status and results

2 of activities carried out under subsection (b).

3 (d) AUTHORIZATION.—There are authorized to be ap-

4 propriated such sums as are necessary to carry out this

5 section.

6 TITLE II—RESEARCH

7 Subtitle A—Energy Research

8 SEC. 201. ADVANCED ENERGY RESEARCH.

9 (a) IN GENERAL.—The Administrator shall establish

10 a program to provide grants for advanced energy research.

11 (b) DISTRIBUTION.—The Administrator shall dis-

12 tribute grants on a competitive basis to institutions of

13 higher education, companies, research foundations, trade

14 and industry research collaborations, or consortia of such

15 entities, or other appropriate research and development

16 entities.

17 (c) SELECTION OF PROPOSALS.—In selecting pro-

18 posals for funding under this section, the Administrator

19 shall prioritize applications that—

20 (1) enhance the economic and energy security

21 of the United States through the development of en-

22 ergy technologies that result in—

23 (A) reductions of imports of energy from

24 foreign sources; 207

O:\DEC\DEC09672.xml [file 3 of 5] S.L.C.

1 (B) reductions of energy-related emissions,

2 including greenhouse gases; and

3 (C) improvements in the energy efficiency

4 of all economic sectors; and

5 (2) ensure that the United States maintains a

6 technological lead in developing and deploying ad-

7 vanced energy technologies.

8 (d) RESPONSIBILITIES.—The Administrator shall be

9 responsible for assessing the success of programs and ter-

10 minating programs carried out under this section that are

11 not achieving the goals of the programs.

12 (e) ASSISTANCE.—Assistance provided under this

13 section shall be used to supplement, and not to supplant,

14 any other Federal resources available to carry out activi-

15 ties described in this section.

16 (f) AUTHORIZATION.—There are authorized to be ap-

17 propriated such sums as are necessary to carry out this

18 section.

19 Subtitle B—Drinking Water Adap-

20 tation, Technology, Education,

21 and Research

22 SEC. 211. EFFECTS OF CLIMATE CHANGE ON DRINKING

23 WATER UTILITIES.

24 (a) FINDINGS.—Congress finds that— 208

O:\DEC\DEC09672.xml [file 3 of 5] S.L.C.

1 (1) the consensus among climate scientists is

2 overwhelming that climate change is occurring more

3 rapidly than can be attributed to natural causes, and

4 that significant impacts to the water supply are al-

5 ready occurring;

6 (2) among the first and most critical of those

7 impacts will be change to patterns of precipitation

8 around the world, which will affect water availability

9 for the most basic drinking water and domestic

10 water needs of populations in many areas of the

11 United States;

12 (3) drinking water utilities throughout the

13 United States, as well as those in Europe, Australia,

14 and Asia, are concerned that extended changes in

15 precipitation will lead to extended droughts;

16 (4) supplying water is highly energy-intensive

17 and will become more so as climate change forces

18 more utilities to turn to alternative supplies;

19 (5) energy production consumes a significant

20 percentage of the fresh water resources of the

21 United States;

22 (6) since 2003, the drinking water industry of

23 the United States has sponsored, through a non-

24 profit water research foundation, various studies to 209

O:\DEC\DEC09672.xml [file 3 of 5] S.L.C.

1 assess the impacts of climate change on drinking

2 water supplies;

3 (7) those studies demonstrate the need for a

4 comprehensive program of research into the full

5 range of impacts on drinking water utilities, includ-

6 ing impacts on water supplies, facilities, and cus-

7 tomers;

8 (8) that nonprofit water research foundation is

9 also coordinating internationally with other drinking

10 water utilities on shared research projects and has

11 hosted international workshops with counterpart Eu-

12 ropean and Asian water research organizations to

13 develop a unified research agenda for applied re-

14 search on adaptive strategies to address climate

15 change impacts;

16 (9) research data in existence as of the date of

17 enactment of this Act—

18 (A) summarize the best available scientific

19 evidence on climate change;

20 (B) identify the implications of climate

21 change for the water cycle and the availability

22 and quality of water resources; and

23 (C) provide general guidance on planning

24 and adaptation strategies for water utilities;

25 and 210

O:\DEC\DEC09672.xml [file 3 of 5] S.L.C.

1 (10) given uncertainties about specific climate

2 changes in particular areas, drinking water utilities

3 need to prepare for a wider range of likely possibili-

4 ties in managing and delivery of water.

5 (b) IN GENERAL.—The Administrator, in cooperation

6 with the Secretary of Commerce, the Secretary of Energy,

7 and the Secretary of the Interior, shall establish and pro-

8 vide funding for a program of directed and applied re-

9 search, to be conducted through a nonprofit drinking

10 water research foundation and sponsored by water utili-

11 ties, to assist the utilities in adapting to the effects of cli-

12 mate change.

13 (c) RESEARCH AREAS.—The research conducted in

14 accordance with subsection (b) shall include research

15 into—

16 (1) water quality impacts and solutions, includ-

17 ing research—

18 (A) to address probable impacts on raw

19 water quality resulting from—

20 (i) erosion and turbidity from extreme

21 precipitation events;

22 (ii) watershed vegetation changes; and

23 (iii) increasing ranges of pathogens,

24 algae, and nuisance organisms resulting

25 from warmer temperatures; and 211

O:\DEC\DEC09672.xml [file 3 of 5] S.L.C.

1 (B) on mitigating increasing damage to

2 watersheds and water quality by evaluating ex-

3 treme events, such as wildfires and hurricanes,

4 to learn and develop management approaches to

5 mitigate—

6 (i) permanent watershed damage;

7 (ii) quality and yield impacts on

8 source waters; and

9 (iii) increased costs of water treat-

10 ment;

11 (2) impacts on groundwater supplies from car-

12 bon sequestration, including research to evaluate po-

13 tential water quality consequences of carbon seques-

14 tration in various regional aquifers, soil conditions,

15 and mineral deposits;

16 (3) water quantity impacts and solutions, in-

17 cluding research—

18 (A) to evaluate climate change impacts on

19 water resources throughout hydrological basins

20 of the United States;

21 (B) to improve the accuracy and resolution

22 of climate change models at a regional level;

23 (C) to identify and explore options for in-

24 creasing conjunctive use of aboveground and

25 underground storage of water; and 212

O:\DEC\DEC09672.xml [file 3 of 5] S.L.C.

1 (D) to optimize operation of existing and

2 new reservoirs in diminished and erratic periods

3 of precipitation and runoff;

4 (4) infrastructure impacts and solutions for

5 water treatment and wastewater treatment facilities

6 and underground pipelines, including research—

7 (A) to evaluate and mitigate the impacts of

8 sea level rise on—

9 (i) near-shore facilities;

10 (ii) soil drying and subsidence;

11 (iii) reduced flows in water and waste-

12 water pipelines; and

13 (iv) extreme flows in wastewater sys-

14 tems; and

15 (B) on ways of increasing the resilience of

16 existing infrastructure, planning cost-effective

17 responses to adapt to climate change, and de-

18 veloping new design standards for future infra-

19 structure that include the use of energy con-

20 servation measures and renewable energy in

21 new construction to the maximum extent prac-

22 ticable;

23 (5) desalination, water reuse, and alternative

24 supply technologies, including research— 213

O:\DEC\DEC09672.xml [file 3 of 5] S.L.C.

1 (A) to improve and optimize existing mem-

2 brane technologies, and to identify and develop

3 breakthrough technologies, to enable the use of

4 seawater, brackish groundwater, treated waste-

5 water, and other impaired sources;

6 (B) into new sources of water through

7 more cost-effective water treatment practices in

8 recycling and desalination; and

9 (C) to improve technologies for use in—

10 (i) managing and minimizing the vol-

11 ume of desalination and reuse concentrate

12 streams; and

13 (ii) minimizing the environmental im-

14 pacts of seawater intake at desalination fa-

15 cilities;

16 (6) energy efficiency and greenhouse gas mini-

17 mization, including research—

18 (A) on optimizing the energy efficiency of

19 water supply and wastewater operations and

20 improving water efficiency in energy production

21 and management; and

22 (B) to identify and develop renewable, car-

23 bon-neutral energy options for the water supply

24 and wastewater industry; 214

O:\DEC\DEC09672.xml [file 3 of 5] S.L.C.

1 (7) regional and hydrological basin cooperative

2 water management solutions, including research

3 into—

4 (A) institutional mechanisms for greater

5 regional cooperation and use of water ex-

6 changes, banking, and transfers; and

7 (B) the economic benefits of sharing risks

8 of shortage across wider areas;

9 (8) utility management, decision support sys-

10 tems, and water management models, including re-

11 search—

12 (A) into improved decision support systems

13 and modeling tools for use by water utility

14 managers to assist with increased water supply

15 uncertainty and adaptation strategies posed by

16 climate change;

17 (B) to provide financial tools, including

18 new rate structures, to manage financial re-

19 sources and investments, because increased con-

20 servation practices may diminish revenue and

21 increase investments in infrastructure; and

22 (C) to develop improved systems and mod-

23 els for use in evaluating— 215

O:\DEC\DEC09672.xml [file 3 of 5] S.L.C.

1 (i) successful alternative methods for

2 conservation and demand management;

3 and

4 (ii) climate change impacts on

5 groundwater resources;

6 (9) reducing greenhouse gas emissions and im-

7 proving energy demand management, including re-

8 search to improve energy efficiency in water collec-

9 tion, production, transmission, treatment, distribu-

10 tion, and disposal to provide more sustainability and

11 means to assist drinking water utilities in reducing

12 the production of greenhouse gas emissions in the

13 collection, production, transmission, treatment, dis-

14 tribution, and disposal of drinking water;

15 (10) water conservation and demand manage-

16 ment, including research—

17 (A) to develop strategic approaches to

18 water demand management that offer the low-

19 est-cost, noninfrastructural options to serve

20 growing populations or manage declining sup-

21 plies, primarily through—

22 (i) efficiencies in water use and re-

23 allocation of the saved water;

24 (ii) demand management tools;

25 (iii) economic incentives; and 216

O:\DEC\DEC09672.xml [file 3 of 5] S.L.C.

1 (iv) water-saving technologies; and

2 (B) into efficiencies in water management

3 through integrated water resource management

4 that incorporates—

5 (i) supply-side and demand-side proc-

6 esses;

7 (ii) continuous adaptive management;

8 and

9 (iii) the inclusion of stakeholders in

10 decisionmaking processes; and

11 (11) communications, education, and public ac-

12 ceptance, including research—

13 (A) into improved strategies and ap-

14 proaches for communicating with customers, de-

15 cisionmakers, and other stakeholders about the

16 implications of climate change on water supply

17 and water management;

18 (B) to develop effective communication ap-

19 proaches—

20 (i) to gain public acceptance of alter-

21 native water supplies and new policies and

22 practices, including conservation and de-

23 mand management; and

24 (ii) to gain public recognition and ac-

25 ceptance of increased costs; and 217

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (C) to create and maintain a clearinghouse

2 of climate change information for water utili-

3 ties, academic researchers, stakeholders, gov-

4 ernment agencies, and research organizations.

5 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

6 authorized to be appropriated to carry out this section

7 $25,000,000 for each of fiscal years 2010 through 2020.

8 TITLE III—TRANSITION AND

9 ADAPTATION

10 Subtitle A—Green Jobs and Worker

11 Transition

12 PART 1—GREEN JOBS

13 SEC. 301. CLEAN ENERGY CURRICULUM DEVELOPMENT

14 GRANTS.

15 (a) AUTHORIZATION.—The Secretary of Education is

16 authorized to award grants, on a competitive basis, to eli-

17 gible partnerships to develop programs of study (con-

18 taining the information described in section 122(c)(1)(A)

19 of the Carl D. Perkins Career and Technical Education

20 Act of 2006 (20 U.S.C. 2342)), that are focused on emerg-

21 ing careers and jobs in the fields of clean energy, renew-

22 able energy, energy efficiency, climate change mitigation,

23 and climate change adaptation. The Secretary of Edu-

24 cation shall consult with the Secretary of Labor and the 218

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 Secretary of Energy prior to the issuance of a solicitation

2 for grant applications.

3 (b) ELIGIBLE PARTNERSHIPS.—For purposes of this

4 section, an eligible partnership shall include—

5 (1) at least 1 local educational agency eligible

6 for funding under section 131 of the Carl D. Per-

7 kins Career and Technical Education Act of 2006

8 (20 U.S.C. 2351) or an area career and technical

9 education school or education service agency de-

10 scribed in such section;

11 (2) at least 1 postsecondary institution eligible

12 for funding under section 132 of such Act (20

13 U.S.C. 2352); and

14 (3) representatives of the community including

15 business, labor organizations, and industry that have

16 experience in fields as described in subsection (a).

17 (c) APPLICATION.—An eligible partnership seeking a

18 grant under this section shall submit an application to the

19 Secretary at such time and in such manner as the Sec-

20 retary may require. Applications shall include—

21 (1) a description of the eligible partners and

22 partnership, the roles and responsibilities of each

23 partner, and a demonstration of each partner’s ca-

24 pacity to support the program; 219

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (2) a description of the career area or areas

2 within the fields as described in subsection (a) to be

3 developed, the reason for the choice, and evidence of

4 the labor market need to prepare students in that

5 area;

6 (3) a description of the new or existing program

7 of study and both secondary and postsecondary com-

8 ponents;

9 (4) a description of the students to be served by

10 the new program of study;

11 (5) a description of how the program of study

12 funded by the grant will be replicable and dissemi-

13 nated to schools outside of the partnership, including

14 urban and rural areas;

15 (6) a description of applied learning that will be

16 incorporated into the program of study and how it

17 will incorporate or reinforce academic learning;

18 (7) a description of how the program of study

19 will be delivered;

20 (8) a description of how the program will pro-

21 vide accessibility to students, especially economically

22 disadvantaged, low performing, and urban and rural

23 students;

24 (9) a description of how the program will ad-

25 dress placement of students in nontraditional fields 220

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 as described in section 3(20) of the Carl D. Perkins

2 Career and Technical Education Act of 2006 (20

3 U.S.C. 2302(20)); and

4 (10) a description of how the applicant proposes

5 to consult or has consulted with a labor organiza-

6 tion, labor management partnership, apprenticeship

7 program, or joint apprenticeship and training pro-

8 gram that provides education and training in the

9 field of study for which the applicant proposes to de-

10 velop a curriculum.

11 (d) PRIORITY.—The Secretary shall give priority to

12 applications that—

13 (1) use online learning or other innovative

14 means to deliver the program of study to students,

15 educators, and instructors outside of the partner-

16 ship; and

17 (2) focus on low performing students and spe-

18 cial populations as defined in section 3(29) of the

19 Carl D. Perkins Career and Technical Education

20 Act of 2006 (20 U.S.C. 2302(29)).

21 (e) PEER REVIEW.—The Secretary shall convene a

22 peer review process to review applications for grants under

23 this section and to make recommendations regarding the

24 selection of grantees. Members of the peer review com-

25 mittee shall include— 221

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (1) educators who have experience imple-

2 menting curricula with comparable purposes; and

3 (2) business and industry experts in fields as

4 described in subsection (a).

5 (f) USES OF FUNDS.—Grants awarded under this

6 section shall be used for the development, implementation,

7 and dissemination of programs of study (as described in

8 section 122(c)(1)(A) of the Carl D. Perkins Career and

9 Technical Education Act (20 U.S.C. 2342(c)(1)(A))) in

10 career areas related to clean energy, renewable energy, en-

11 ergy efficiency, climate change mitigation, and climate

12 change adaptation.

13 SEC. 302. DEVELOPMENT OF INFORMATION AND RE-

14 SOURCES CLEARINGHOUSE FOR VOCA-

15 TIONAL EDUCATION AND JOB TRAINING IN

16 RENEWABLE ENERGY SECTORS.

17 (a) DEVELOPMENT OF CLEARINGHOUSE.—Not later

18 than 18 months after the date of enactment of this Act,

19 the Secretary of Labor, in collaboration with the Secretary

20 of Energy and the Secretary of Education, shall develop

21 an internet based information and resources clearinghouse

22 to aid career and technical education and job training pro-

23 grams for the renewable energy sectors. In establishing

24 the clearinghouse, the Secretary shall— 222

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (1) collect and provide information that ad-

2 dresses the consequences of rapid changes in tech-

3 nology and regional disparities for renewable energy

4 training programs and provides best practices for

5 training and education in light of such changes and

6 disparities;

7 (2) place an emphasis on facilitating collabora-

8 tion between the renewable energy industry and job

9 training programs and on identifying industry and

10 technological trends and best practices, to better

11 help job training programs maintain quality and rel-

12 evance; and

13 (3) place an emphasis on assisting programs

14 that cater to high-demand middle-skill, trades, man-

15 ufacturing, contracting, and consulting careers.

16 (b) SOLICITATION AND CONSULTATION.—In devel-

17 oping the clearinghouse pursuant to subsection (a), the

18 Secretary shall solicit information and expertise from busi-

19 nesses and organizations in the renewable energy sector

20 and from institutions of higher education, career and tech-

21 nical schools, and community colleges that provide train-

22 ing in the renewable energy sectors. The Secretary shall

23 solicit a comprehensive peer review of the clearinghouse

24 by such entities not less than once every 2 years. Nothing 223

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 in this subsection should be interpreted to require the di-

2 vulgence of proprietary or competitive information.

3 (c) CONTENTS OF CLEARINGHOUSE.—

4 (1) SEPARATE SECTION FOR EACH RENEWABLE

5 ENERGY SECTOR.—The clearinghouse shall contain

6 separate sections developed for each of the following

7 renewable energy sectors:

8 (A) Solar energy systems.

9 (B) Wind energy systems.

10 (C) Energy transmission systems.

11 (D) Geothermal systems of energy and

12 heating.

13 (E) Energy efficiency technical training.

14 (2) ADDITIONAL REQUIREMENTS.—In addition

15 to the information required in subsection (a), each

16 section of the clearinghouse shall include information

17 on basic environmental science and processes needed

18 to understand renewable energy systems, Federal

19 government and industry resources, and points of

20 contact to aid institutions in the development of

21 placement programs for apprenticeships and post

22 graduation opportunities, and information and tips

23 about a green workplace, energy efficiency, and rel-

24 evant environmental topics and information on avail-

25 able industry recognized certifications in each area. 224

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (d) DISSEMINATION.—The clearinghouse shall be

2 made available via the Internet to the general public. No-

3 tice of the completed clearinghouse and any major revi-

4 sions thereto shall also be provided—

5 (1) to each Member of Congress; and

6 (2) on the websites of the Departments of Edu-

7 cation, Energy, and Labor.

8 (e) REVISION.—The Secretary of Labor shall revise

9 and update the clearinghouse on a regular basis to ensure

10 its relevance.

11 SEC. 303. GREEN CONSTRUCTION CAREERS DEMONSTRA-

12 TION PROJECT.

13 (a) ESTABLISHMENT AND AUTHORITY.—The Sec-

14 retary of Labor, in consultation with the Secretary of En-

15 ergy, shall, not later than 180 days after the enactment

16 of this Act, establish a Green Construction Careers dem-

17 onstration project by rules, regulations, and guidance in

18 accordance with the provisions of this section. The purpose

19 of the demonstration project shall be to promote middle

20 class careers and quality employment practices in the

21 green construction sector among targeted workers and to

22 advance efficiency and performance on construction

23 projects related to this Act. In order to advance these pur-

24 poses, the Secretary shall identify projects, including resi-

25 dential retrofitting projects, funded directly by or assisted 225

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 in whole or in part by or through the Federal Government

2 pursuant to this Act or by any other entity established

3 in accordance with this Act, to which all of the following

4 shall apply.

5 (b) REQUIREMENTS.—The Secretaries may establish

6 such terms and conditions for the demonstration projects

7 as the Secretaries determine are necessary to meet the

8 purposes of subsection (a), including establishing min-

9 imum proportions of hours to be worked by targeted work-

10 ers on such projects. The Secretaries may require the con-

11 tractors and subcontractors performing construction serv-

12 ices on the project to comply with the terms and conditions

13 as a condition of receiving funding or assistance from the

14 Federal Government under this Act.

15 (c) EVALUATION.—The Secretaries shall evaluate the

16 demonstration projects against the purposes of this section

17 at the end of 3 years from initiation of the demonstration

18 project. If the Secretaries determine that the demonstra-

19 tion projects have been successful, the Secretaries may

20 identify further projects to which of the provisions of this

21 section shall apply.

22 (d) GAO REPORT.—The Comptroller General shall

23 prepare and submit a report to the Committee on Health,

24 Education, Labor, and Pensions and the Committee on

25 Energy and Natural Resources of the Senate and the 226

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 Committee on Education and Labor and the Committee

2 on Energy and Commerce of the House of Representatives

3 not later than 5 years after the date of enactment of this

4 Act, which shall advise the committees of the results of

5 the demonstration projects and make appropriate rec-

6 ommendations.

7 (e) DEFINITION AND DESIGNATION OF TARGETED

8 WORKERS.—As used in this section, the term ‘‘targeted

9 worker’’ means an individual who resides in the same

10 labor market area (as defined in section 101(18) of the

11 Workforce Investment Act of 1998 (29 U.S.C. 2801(18)))

12 as the project and who—

13 (1) is a member of a targeted group, within the

14 meaning of section 51 of the Internal Revenue Code

15 of 1986, other than an individual described in sub-

16 section (d)(1)(C) of such section;

17 (2)(A) resides in a census tract in which not

18 less than 20 percent of the households have incomes

19 below the Federal poverty guidelines; or

20 (B) is a member of a family that received a

21 total family income that, during the 2-year period

22 prior to employment on the project or admission to

23 the pre-apprenticeship program, did not exceed 200

24 percent of the Federal poverty guidelines (exclusive

25 of unemployment compensation, child support pay-227

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 ments, payments described in section 101(25)(A) of

2 the Workforce Investment Act (29 U.S.C.

3 2801(25)(A)), and old-age and survivors insurance

4 benefits received under section 202 of the Social Se-

5 curity Act (42 U.S.C. 402); or

6 (3) is a displaced homemaker, as such term is

7 defined in section 3(10) of the Carl D. Perkins Ca-

8 reer and Technical Education Act of 2006 (20

9 U.S.C. 2302(10)).

10 (f) QUALIFIED PRE-APPRENTICESHIP PROGRAM.—A

11 qualified pre-apprenticeship program is a pre-apprentice-

12 ship program that has demonstrated an ability to recruit,

13 train, and prepare for admission to apprenticeship pro-

14 grams individuals who are targeted workers.

15 (g) QUALIFIED APPRENTICESHIP AND OTHER

16 TRAINING PROGRAMS.—

17 (1) PARTICIPATION BY EACH CONTRACTOR RE-

18 QUIRED.—Each contractor and subcontractor that

19 seeks to provide construction services on projects

20 identified by the Secretaries pursuant to subsection

21 (a) shall submit adequate assurances with its bid or

22 proposal that it participates in a qualified appren-

23 ticeship or other training program, with a written

24 arrangement with a qualified pre-apprenticeship pro-

25 gram, for each craft or trade classification of worker 228

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 that it intends to employ to perform work on the

2 project.

3 (2) DEFINITION OF QUALIFIED APPRENTICE

4 SHIP OR OTHER TRAINING PROGRAM.—

5 (A) IN GENERAL.—For purposes of this

6 section, the term ‘‘qualified apprenticeship or

7 other training program’’ means an apprentice-

8 ship or other training program that qualifies as

9 an employee welfare benefit plan, as defined in

10 section 3(1) of the Employee Retirement In-

11 come Security Act of 1974 (29 U.S.C.

12 1002(1)).

13 (B) CERTIFICATION OF OTHER PROGRAMS

14 IN CERTAIN LOCALITIES.—In the event that the

15 Secretary of Labor certifies that a qualified ap-

16 prenticeship or other training program (as de-

17 fined in subparagraph (A)) for a craft or trade

18 classification of workers that a prospective con-

19 tractor or subcontractor intends to employ, is

20 not operated in the locality where the project

21 will be performed, an apprenticeship or other

22 training program that is not an employee wel-

23 fare benefit plan (as defined in such section)

24 may be certified by the Secretary as a qualified

25 apprenticeship or other training program pro-229

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 vided it is registered with the Office of Appren-

2 ticeship of the Department of Labor, or a State

3 apprenticeship agency recognized by the Office

4 of Apprenticeship for Federal purposes.

5 (h) FACILITATING COMPLIANCE.—The Secretary

6 may require Federal contracting agencies, recipients of

7 Federal assistance, and any other entity established in ac-

8 cordance with this Act to require contractors to enter into

9 an agreement in a manner comparable with the standards

10 set forth in sections 3 and 4 of Executive Order 13502

11 in order to achieve the purposes of this section, including

12 any requirements established by subsection (b).

13 (i) LIMITATION.—The requirements of this section

14 shall not apply to any project funded under this Act in

15 American Samoa, Guam, the Commonwealth of the North-

16 ern Mariana Islands, the Commonwealth of Puerto Rico,

17 or the United States Virgin Islands, unless participation

18 is requested by the governor of such territories within 1

19 year of the promulgation of rules under this Act.

20 PART 2—CLIMATE CHANGE WORKER

21 ADJUSTMENT ASSISTANCE

22 SEC. 311. PETITIONS, ELIGIBILITY REQUIREMENTS, AND

23 DETERMINATIONS.

24 (a) PETITIONS.— 230

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (1) FILING.—A petition for certification of eli-

2 gibility to apply for adjustment assistance for a

3 group of workers under this part may be filed by

4 any of the following:

5 (A) The group of workers.

6 (B) The certified or recognized union or

7 other duly authorized representative of such

8 workers.

9 (C) Employers of such workers, one-stop

10 operators or one-stop partners (as defined in

11 section 101 of the Workforce Investment Act of

12 1998 (29 U.S.C. 2801)), including State em-

13 ployment security agencies, or the State dis-

14 located worker unit established under title I of

15 such Act, on behalf of such workers.

16 The petition shall be filed simultaneously with the

17 Secretary of Labor and with the Governor of the

18 State in which such workers’ employment site is lo-

19 cated.

20 (2) ACTION BY GOVERNORS.—Upon receipt of a

21 petition filed under paragraph (1), the Governor

22 shall—

23 (A) ensure that rapid response activities

24 and appropriate core and intensive services (as

25 described in section 134 of the Workforce In-231

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 vestment Act of 1998 (29 U.S.C. 2864)) au-

2 thorized under other Federal laws are made

3 available to the workers covered by the petition

4 to the extent authorized under such laws; and

5 (B) assist the Secretary in the review of

6 the petition by verifying such information and

7 providing such other assistance as the Secretary

8 may request.

9 (3) ACTION BY THE SECRETARY.—Upon receipt

10 of the petition, the Secretary shall promptly publish

11 notice in the Federal Register and on the website of

12 the Department of Labor that the Secretary has re-

13 ceived the petition and initiated an investigation.

14 (4) HEARINGS.—If the petitioner, or any other

15 person found by the Secretary to have a substantial

16 interest in the proceedings, submits not later than

17 10 days after the date of the Secretary’s publication

18 under paragraph (3) a request for a hearing, the

19 Secretary shall provide for a public hearing and af-

20 ford such interested persons an opportunity to be

21 present, to produce evidence, and to be heard.

22 (b) ELIGIBILITY.—

23 (1) IN GENERAL.—A group of workers shall be

24 certified by the Secretary as eligible to apply for ad-232

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 justment assistance under this part pursuant to a

2 petition filed under subsection (a) if—

3 (A) the group of workers is employed in—

4 (i) energy producing and transforming

5 industries;

6 (ii) industries dependent upon energy

7 industries;

8 (iii) energy-intensive manufacturing

9 industries;

10 (iv) consumer goods manufacturing;

11 or

12 (v) other industries whose employment

13 the Secretary determines has been ad-

14 versely affected by any requirement of title

15 VII of the Clean Air Act;

16 (B) the Secretary determines that a sig-

17 nificant number or proportion of the workers in

18 such workers’ employment site have become to-

19 tally or partially separated, or are threatened to

20 become totally or partially separated from em-

21 ployment; and

22 (C) the sales, production, or delivery of

23 goods or services have decreased as a result of

24 any requirement of title VII of the Clean Air

25 Act, including— 233

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (i) the shift from reliance upon fossil

2 fuels to other sources of energy, including

3 renewable energy, that results in the clos-

4 ing of a facility or layoff of employees at

5 a facility that mines, produces, processes,

6 or utilizes fossil fuels to generate elec-

7 tricity;

8 (ii) a substantial increase in the cost

9 of energy required for a manufacturing fa-

10 cility to produce items whose prices are

11 competitive in the marketplace, to the ex-

12 tent the cost is not offset by assistance

13 provided to the facility pursuant to title

14 VII of the Clean Air Act; or

15 (iii) other documented occurrences

16 that the Secretary determines are indica-

17 tors of an adverse impact on an industry

18 described in subparagraph (A) as a result

19 of any requirement of title VII of the

20 Clean Air Act.

21 (2) WORKERS IN PUBLIC AGENCIES.—A group

22 of workers in a public agency shall be certified by

23 the Secretary as eligible to apply for climate change

24 adjustment assistance pursuant to a petition filed if

25 the Secretary determines that a significant number 234

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 or proportion of the workers in the public agency

2 have become totally or partially separated from em-

3 ployment, or are threatened to become totally or

4 partially separated as a result of any requirement of

5 title VII of the Clean Air Act.

6 (3) ADVERSELY AFFECTED SERVICE WORK-

7 ERS.—A group of workers shall be certified as eligi-

8 ble to apply for climate change adjustment assist-

9 ance pursuant to a petition filed if the Secretary de-

10 termines that—

11 (A) a significant number or proportion of

12 the service workers at an employment site

13 where a group of workers has been certified by

14 the Secretary as eligible to apply for adjustment

15 assistance under this part pursuant to para-

16 graph (1) have become totally or partially sepa-

17 rated from employment, or are threatened to

18 become totally or partially separated; and

19 (B) a loss of business in the firm providing

20 service workers to an employment site is di-

21 rectly attributable to one or more of the docu-

22 mented occurrences listed in paragraph (1)(C).

23 (c) AUTHORITY TO INVESTIGATE AND COLLECT IN-

24 FORMATION.— 235

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (1) IN GENERAL.—The Secretary shall, in de-

2 termining whether to certify a group of workers

3 under subsection (d), obtain information the Sec-

4 retary determines to be necessary to make the cer-

5 tification, through questionnaires and in such other

6 manner as the Secretary determines appropriate

7 from—

8 (A) the workers’ employer;

9 (B) officials of certified or recognized

10 unions or other duly authorized representatives

11 of the group of workers; or

12 (C) one-stop operators or one-stop partners

13 (as defined in section 101 of the Workforce In-

14 vestment Act of 1998 (29 U.S.C. 2801)).

15 (2) VERIFICATION OF INFORMATION.—The Sec-

16 retary shall require an employer, union, or one-stop

17 operator or partner to certify all information ob-

18 tained under paragraph (1) from the employer,

19 union, or one-stop operator or partner (as the case

20 may be) on which the Secretary relies in making a

21 determination under subsection (d), unless the Sec-

22 retary has a reasonable basis for determining that

23 such information is accurate and complete without

24 being certified. 236

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (3) PROTECTION OF CONFIDENTIAL INFORMA-

2 TION.—The Secretary may not release information

3 obtained under paragraph (1) that the Secretary

4 considers to be confidential business information un-

5 less the employer submitting the confidential busi-

6 ness information had notice, at the time of submis-

7 sion, that the information would be released by the

8 Secretary, or the employer subsequently consents to

9 the release of the information. Nothing in this para-

10 graph shall be construed to prohibit the Secretary

11 from providing such confidential business informa-

12 tion to a court in camera or to another party under

13 a protective order issued by a court.

14 (d) DETERMINATION BY THE SECRETARY OF

15 LABOR.—

16 (1) IN GENERAL.—As soon as possible after the

17 date on which a petition is filed under subsection

18 (a), but in any event not later than 40 days after

19 that date, the Secretary, in consultation with the

20 Secretary of Energy and the Administrator, as nec-

21 essary, shall determine whether the petitioning

22 group meets the requirements of subsection (b) and

23 shall issue a certification of eligibility to apply for

24 assistance under this part covering workers in any

25 group which meets such requirements. Each certifi-237

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 cation shall specify the date on which the total or

2 partial separation began or threatened to begin.

3 Upon reaching a determination on a petition, the

4 Secretary shall promptly publish a summary of the

5 determination in the Federal Register and on the

6 website of the Department of Labor, together with

7 the Secretary’s reasons for making such determina-

8 tion.

9 (2) ONE YEAR LIMITATION.—A certification

10 under this section shall not apply to any worker

11 whose last total or partial separation from the em-

12 ployment site before the worker’s application under

13 section 312(a) occurred more than 1 year before the

14 date of the petition on which such certification was

15 granted.

16 (3) REVOCATION OF CERTIFICATION.—When-

17 ever the Secretary determines, with respect to any

18 certification of eligibility of the workers of an em-

19 ployment site, that total or partial separations from

20 such site are no longer a result of the factors speci-

21 fied in subsection (b)(1), the Secretary shall termi-

22 nate such certification and promptly have notice of

23 such termination published in the Federal Register

24 and on the website of the Department of Labor, to-

25 gether with the Secretary’s reasons for making such 238

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 determination. Such termination shall apply only

2 with respect to total or partial separations occurring

3 after the termination date specified by the Secretary.

4 (e) INDUSTRY NOTIFICATION OF ASSISTANCE.—

5 Upon receiving a notification of a determination under

6 subsection (d) with respect to a domestic industry the Sec-

7 retary of Labor shall notify the representatives of the do-

8 mestic industry affected by the determination, employers

9 publicly identified by name during the course of the pro-

10 ceeding relating to the determination, and any certified

11 or recognized union or, to the extent practicable, other

12 duly authorized representative of workers employed by

13 such representatives of the domestic industry, of—

14 (1) the adjustment assistance, training, and

15 other benefits available under this part;

16 (2) the manner in which to file a petition and

17 apply for such benefits;

18 (3) the availability of assistance in filing such

19 petitions;

20 (4) notify the Governor of each State in which

21 one or more employers in such industry are located

22 of the Secretary’s determination and the identity of

23 the employers; and

24 (5) upon request, provide any assistance that is

25 necessary to file a petition under subsection (a). 239

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (f) BENEFIT INFORMATION TO WORKERS, PRO-

2 VIDERS OF TRAINING.—

3 (1) IN GENERAL.—The Secretary shall provide

4 full information to workers about the adjustment as-

5 sistance, training, and other benefits available under

6 this part and about the petition and application pro-

7 cedures, and the appropriate filing dates, for such

8 assistance, training and services. The Secretary shall

9 provide whatever assistance is necessary to enable

10 groups of workers to prepare petitions or applica-

11 tions for program benefits. The Secretary shall make

12 every effort to insure that cooperating State agen-

13 cies fully comply with the agreements entered into

14 under section 312(a) and shall periodically review

15 such compliance. The Secretary shall inform the

16 State Board for Vocational Education or equivalent

17 agency, the one-stop operators or one-stop partners

18 (as defined in section 101 of the Workforce Invest-

19 ment Act of 1998 (29 U.S.C. 2801)), and other pub-

20 lic or private agencies, institutions, and employers,

21 as appropriate, of each certification issued under

22 subsection (d) and of projections, if available, of the

23 needs for training under as a result of such certifi-

24 cation. 240

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (2) NOTICE BY MAIL.—The Secretary shall pro-

2 vide written notice through the mail of the benefits

3 available under this part to each worker whom the

4 Secretary has reason to believe is covered by a cer-

5 tification made under subsection (d)—

6 (A) at the time such certification is made,

7 if the worker was partially or totally separated

8 from the adversely affected employment before

9 such certification; or

10 (B) at the time of the total or partial sepa-

11 ration of the worker from the adversely affected

12 employment, if subparagraph (A) does not

13 apply.

14 (3) NEWSPAPERS;  WEBSITE.—The Secretary

15 shall publish notice of the benefits available under

16 this part to workers covered by each certification

17 made under subsection (d) in newspapers of general

18 circulation in the areas in which such workers reside

19 and shall make such information available on the

20 website of the Department of Labor.

21 SEC. 312. PROGRAM BENEFITS.

22 (a) CLIMATE CHANGE ADJUSTMENT ASSISTANCE.—

23 (1) ELIGIBILITY.—Payment of climate change

24 adjustment assistance shall be made to an adversely

25 affected worker covered by a certification under sec-241

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 tion 311(b) who files an application for such assist-

2 ance for any week of unemployment which begins on

3 or after the date of such certification, if the fol-

4 lowing conditions are met:

5 (A) Such worker’s total or partial separa-

6 tion before the worker’s application under this

7 part occurred—

8 (i) on or after the date, as specified in

9 the certification under which the worker is

10 covered, on which total or partial separa-

11 tion began or threatened to begin in the

12 adversely affected employment;

13 (ii) before the expiration of the 2-year

14 period beginning on the date on which the

15 determination under section 311(d) was

16 made; and

17 (iii) before the termination date, if

18 any, determined pursuant to section

19 311(d)(3).

20 (B) Such worker had, in the 52-week pe-

21 riod ending with the week in which such total

22 or partial separation occurred, at least 26

23 weeks of full-time employment or 1,040 hours

24 of part time employment in adversely affected

25 employment, or, if data with respect to weeks of 242

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 employment are not available, equivalent

2 amounts of employment computed under regu-

3 lations prescribed by the Secretary. For the

4 purposes of this paragraph, any week in which

5 such worker—

6 (i) is on employer-authorized leave for

7 purposes of vacation, sickness, injury, ma-

8 ternity, or inactive duty or active duty

9 military service for training;

10 (ii) does not work because of a dis-

11 ability that is compensable under a work-

12 men’s compensation law or plan of a State

13 or the United States;

14 (iii) had his employment interrupted

15 in order to serve as a full-time representa-

16 tive of a labor organization in such firm; or

17 (iv) is on call-up for purposes of active

18 duty in a reserve status in the Armed

19 Forces of the United States, provided such

20 active duty is ‘‘Federal service’’ as defined

21 in section 8521(a)(1) of title 5, United

22 States Code,

23 shall be treated as a week of employment. 243

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (C) Such worker is enrolled in a training

2 program approved by the Secretary under sub-

3 section (b)(2).

4 (2) INELIGIBILITY FOR CERTAIN OTHER BENE-

5 FITS.—An adversely affected worker receiving a pay-

6 ment under this section shall be ineligible to receive

7 any other form of unemployment insurance for the

8 period in which such worker is receiving climate

9 change adjustment assistance under this section.

10 (3) REVOCATION.—If—

11 (A) the Secretary determines that—

12 (i) the adversely affected worker—

13 (I) has failed to begin participa-

14 tion in the training program the en-

15 rollment in which meets the require-

16 ment of paragraph (1)(C); or

17 (II) has ceased to participate in

18 such training program before com-

19 pleting such training program; and

20 (ii) there is no justifiable cause for

21 such failure or cessation; or

22 (B) the certification made with respect to

23 such worker under section 311(d) is revoked

24 under paragraph (3) of such section, 244

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 no adjustment assistance may be paid to the ad-

2 versely affected worker under this part for the week

3 in which such failure, cessation, or revocation oc-

4 curred, or any succeeding week, until the adversely

5 affected worker begins or resumes participation in a

6 training program approved by the Secretary under

7 subsection (b)(2).

8 (4) WAIVERS OF TRAINING REQUIREMENTS.—

9 The Secretary may issue a written statement to an

10 adversely affected worker waiving the requirement to

11 be enrolled in training described in subsection (b)(2)

12 if the Secretary determines that it is not feasible or

13 appropriate for the worker, because of 1 or more of

14 the following reasons:

15 (A) RECALL.—The worker has been noti-

16 fied that the worker will be recalled by the em-

17 ployer from which the separation occurred.

18 (B) MARKETABLE SKILLS.—

19 (i) IN GENERAL.—The worker pos-

20 sesses marketable skills for suitable em-

21 ployment (as determined pursuant to an

22 assessment of the worker, which may in-

23 clude the profiling system under section

24 303(j) of the Social Security Act (42

25 U.S.C. 503(j)), carried out in accordance 245

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 with guidelines issued by the Secretary)

2 and there is a reasonable expectation of

3 employment at equivalent wages in the

4 foreseeable future.

5 (ii) MARKETABLE SKILLS DEFINED.—

6 For purposes of clause (i), the term ‘‘mar-

7 ketable skills’’ may include the possession

8 of a postgraduate degree from an institu-

9 tion of higher education (as defined in sec-

10 tion 102 of the Higher Education Act of

11 1965 (20 U.S.C. 1002)) or an equivalent

12 institution, or the possession of an equiva-

13 lent postgraduate certification in a special-

14 ized field.

15 (C) RETIREMENT.—The worker is within 2

16 years of meeting all requirements for entitle-

17 ment to either—

18 (i) old-age insurance benefits under

19 title II of the Social Security Act (42

20 U.S.C. 401 et seq.) (except for application

21 therefor); or

22 (ii) a private pension sponsored by an

23 employer or labor organization.

24 (D) HEALTH.—The worker is unable to

25 participate in training due to the health of the 246

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 worker, except that a waiver under this sub-

2 paragraph shall not be construed to exempt a

3 worker from requirements relating to the avail-

4 ability for work, active search for work, or re-

5 fusal to accept work under Federal or State un-

6 employment compensation laws.

7 (E) ENROLLMENT UNAVAILABLE.—The

8 first available enrollment date for the training

9 of the worker is within 60 days after the date

10 of the determination made under this para-

11 graph, or, if later, there are extenuating cir-

12 cumstances for the delay in enrollment, as de-

13 termined pursuant to guidelines issued by the

14 Secretary.

15 (F) TRAINING NOT AVAILABLE.—Training

16 described in subsection (b)(2) is not reasonably

17 available to the worker from either govern-

18 mental agencies or private sources (which may

19 include area career and technical education

20 schools, as defined in section 3 of the Carl D.

21 Perkins Career and Technical Education Act of

22 2006 (20 U.S.C. 2302), and employers), no

23 training that is suitable for the worker is avail-

24 able at a reasonable cost, or no training funds

25 are available. 247

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (5) WEEKLY AMOUNTS.—The climate change

2 adjustment assistance payable to an adversely af-

3 fected worker for a week of unemployment shall be

4 an amount equal to 70 percent of the average weekly

5 wage of such worker, but in no case shall such

6 amount exceed the average weekly wage for all work-

7 ers in the State where the adversely affected worker

8 resides.

9 (6) MAXIMUM DURATION OF BENEFITS.—An el-

10 igible worker may receive a climate change adjust-

11 ment assistance under this subsection for a period of

12 not longer than 156 weeks.

13 (b) EMPLOYMENT SERVICES AND TRAINING.—

14 (1) INFORMATION AND EMPLOYMENT SERV-

15 ICES.—The Secretary shall make available, directly

16 or through agreements with the States under section

17 313(a) to adversely affected workers covered by a

18 certification under section 311(a) the following in-

19 formation and employment services:

20 (A) Comprehensive and specialized assess-

21 ment of skill levels and service needs, including

22 through—

23 (i) diagnostic testing and use of other

24 assessment tools; and 248

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (ii) in-depth interviewing and evalua-

2 tion to identify employment barriers and

3 appropriate employment goals.

4 (B) Development of an individual employ-

5 ment plan to identify employment goals and ob-

6 jectives, and appropriate training to achieve

7 those goals and objectives.

8 (C) Information on training available in

9 local and regional areas, information on indi-

10 vidual counseling to determine which training is

11 suitable training, and information on how to

12 apply for such training.

13 (D) Information on training programs and

14 other services provided by a State pursuant to

15 title I of the Workforce Investment Act of 1998

16 (29 U.S.C. 2801 et seq.) and available in local

17 and regional areas, information on individual

18 counseling to determine which training is suit-

19 able training, and information on how to apply

20 for such training.

21 (E) Information on how to apply for finan-

22 cial aid, including referring workers to edu-

23 cational opportunity centers described in section

24 402F of the Higher Education Act of 1965 (20

25 U.S.C. 1070a–16), where applicable, and noti-249

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 fying workers that the workers may request fi-

2 nancial aid administrators at institutions of

3 higher education (as defined in section 102 of

4 such Act (20 U.S.C. 1002)) to use the adminis-

5 trators’ discretion under section 479A of such

6 Act (20 U.S.C. 1087tt) to use current year in-

7 come data, rather than preceding year income

8 data, for determining the amount of need of the

9 workers for Federal financial assistance under

10 title IV of such Act (20 U.S.C. 1070 et seq.).

11 (F) Short-term prevocational services, in-

12 cluding development of learning skills, commu-

13 nications skills, interviewing skills, punctuality,

14 personal maintenance skills, and professional

15 conduct to prepare individuals for employment

16 or training.

17 (G) Individual career counseling, including

18 job search and placement counseling, during the

19 period in which the individual is receiving cli-

20 mate change adjustment assistance or training

21 under this part, and after receiving such train-

22 ing for purposes of job placement.

23 (H) Provision of employment statistics in-

24 formation, including the provision of accurate 250

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 information relating to local, regional, and na-

2 tional labor market areas, including—

3 (i) job vacancy listings in such labor

4 market areas;

5 (ii) information on jobs skills nec-

6 essary to obtain jobs identified in job va-

7 cancy listings described in subparagraph

8 (A);

9 (iii) information relating to local occu-

10 pations that are in demand and earnings

11 potential of such occupations; and

12 (iv) skills requirements for local occu-

13 pations described in subparagraph (C).

14 (I) Information relating to the availability

15 of supportive services, including services relat-

16 ing to child care, transportation, dependent

17 care, housing assistance, and need-related pay-

18 ments that are necessary to enable an indi-

19 vidual to participate in training.

20 (2) TRAINING.—

21 (A) APPROVAL OF AND PAYMENT FOR

22 TRAINING.—If the Secretary determines, with

23 respect to an adversely affected worker that—

24 (i) there is no suitable employment

25 (which may include technical and profes-251

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 sional employment) available for an ad-

2 versely affected worker;

3 (ii) the worker would benefit from ap-

4 propriate training;

5 (iii) there is a reasonable expectation

6 of employment following completion of

7 such training;

8 (iv) training approved by the Sec-

9 retary is reasonably available to the worker

10 from either governmental agencies or pri-

11 vate sources (including area career and

12 technical education schools, as defined in

13 section 3 of the Carl D. Perkins Career

14 and Technical Education Act of 2006 (20

15 U.S.C. 2302), and employers);

16 (v) the worker is qualified to under-

17 take and complete such training; and

18 (vi) such training is suitable for the

19 worker and available at a reasonable cost,

20 the Secretary shall approve such training for

21 the worker. Upon such approval, the worker

22 shall be entitled to have payment of the costs

23 of such training (subject to the limitations im-

24 posed by this section) paid on the worker’s be-252

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 half by the Secretary directly or through a

2 voucher system.

3 (B) DISTRIBUTION.—The Secretary shall

4 establish procedures for the distribution of the

5 funds to States to carry out the training pro-

6 grams approved under this paragraph, and shall

7 make an initial distribution of the funds made

8 available as soon as practicable after the begin-

9 ning of each fiscal year.

10 (C) ADDITIONAL RULES REGARDING AP-

11 PROVAL OF AND PAYMENT FOR TRAINING.—

12 (i) For purposes of applying subpara-

13 graph (A)(iii), a reasonable expectation of

14 employment does not require that employ-

15 ment opportunities for a worker be avail-

16 able, or offered, immediately upon the

17 completion of training approved under

18 such subparagraph.

19 (ii) If the costs of training an ad-

20 versely affected worker are paid by the

21 Secretary under subparagraph (A), no

22 other payment for such costs may be made

23 under any other provision of Federal law.

24 No payment may be made under subpara-

25 graph (A) of the costs of training an ad-253

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 versely affected worker or an adversely af-

2 fected incumbent worker if such costs—

3 (I) have already been paid under

4 any other provision of Federal law; or

5 (II) are reimbursable under any

6 other provision of Federal law and a

7 portion of such costs have already

8 been paid under such other provision

9 of Federal law.

10 The provisions of this clause shall not

11 apply to, or take into account, any funds

12 provided under any other provision of Fed-

13 eral law which are used for any purpose

14 other than the direct payment of the costs

15 incurred in training a particular adversely

16 affected worker, even if such use has the

17 effect of indirectly paying or reducing any

18 portion of the costs involved in training the

19 adversely affected worker.

20 (D) TRAINING PROGRAMS.—The training

21 programs that may be approved under subpara-

22 graph (A) include—

23 (i) employer-based training, includ-

24 ing— 254

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (I) on-the-job training if ap-

2 proved by the Secretary under sub-

3 section (c); and

4 (II) joint labor-management ap-

5 prenticeship programs;

6 (ii) any training program provided by

7 a State pursuant to title I of the Work-

8 force Investment Act of 1998 (29 U.S.C.

9 2801 et seq.);

10 (iii) any programs in career and tech-

11 nical education described in section 3(5) of

12 the Carl D. Perkins Career and Technical

13 Education Act of 2006 (20 U.S.C.

14 2302(5));

15 (iv) any program of remedial edu-

16 cation;

17 (v) any program of prerequisite edu-

18 cation or coursework required to enroll in

19 training that may be approved under this

20 paragraph;

21 (vi) any training program for which

22 all, or any portion, of the costs of training

23 the worker are paid—

24 (I) under any Federal or State

25 program other than this part; or 255

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (II) from any source other than

2 this part;

3 (vii) any training program or

4 coursework at an accredited institution of

5 higher education (described in section 102

6 of the Higher Education Act of 1965 (20

7 U.S.C. 1002)), including a training pro-

8 gram or coursework for the purpose of—

9 (I) obtaining a degree or certifi-

10 cation; or

11 (II) completing a degree or cer-

12 tification that the worker had pre-

13 viously begun at an accredited institu-

14 tion of higher education; and

15 (viii) any other training program ap-

16 proved by the Secretary.

17 (3) SUPPLEMENTAL ASSISTANCE.—The Sec-

18 retary may, as appropriate, authorize supplemental

19 assistance that is necessary to defray reasonable

20 transportation and subsistence expenses for separate

21 maintenance in a case in which training for a worker

22 is provided in a facility that is not within commuting

23 distance of the regular place of residence of the

24 worker.

25 (c) ON-THE-JOB TRAINING REQUIREMENTS.— 256

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (1) IN GENERAL.—The Secretary may approve

2 on-the-job training for any adversely affected worker

3 if—

4 (A) the Secretary determines that on-the-

5 job training—

6 (i) can reasonably be expected to lead

7 to suitable employment with the employer

8 offering the on-the-job training;

9 (ii) is compatible with the skills of the

10 worker;

11 (iii) includes a curriculum through

12 which the worker will gain the knowledge

13 or skills to become proficient in the job for

14 which the worker is being trained; and

15 (iv) can be measured by benchmarks

16 that indicate that the worker is gaining

17 such knowledge or skills; and

18 (B) the State determines that the on-the-

19 job training program meets the requirements of

20 clauses (iii) and (iv) of subparagraph (A).

21 (2) MONTHLY PAYMENTS.—The Secretary shall

22 pay the costs of on-the-job training approved under

23 paragraph (1) in monthly installments.

24 (3) CONTRACTS FOR ON-THE-JOB TRAINING.— 257

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (A) IN GENERAL.—The Secretary shall en-

2 sure, in entering into a contract with an em-

3 ployer to provide on-the-job training to a work-

4 er under this subsection, that the skill require-

5 ments of the job for which the worker is being

6 trained, the academic and occupational skill

7 level of the worker, and the work experience of

8 the worker are taken into consideration.

9 (B) TERM OF CONTRACT.—Training under

10 any such contract shall be limited to the period

11 of time required for the worker receiving on-

12 the-job training to become proficient in the job

13 for which the worker is being trained, but may

14 not exceed 156 weeks in any case.

15 (4) EXCLUSION OF CERTAIN EMPLOYERS.—The

16 Secretary shall not enter into a contract for on-the-

17 job training with an employer that exhibits a pattern

18 of failing to provide workers receiving on-the-job

19 training from the employer with—

20 (A) continued, long-term employment as

21 regular employees; and

22 (B) wages, benefits, and working condi-

23 tions that are equivalent to the wages, benefits,

24 and working conditions provided to regular em-

25 ployees who have worked a similar period of 258

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 time and are doing the same type of work as

2 workers receiving on-the-job training from the

3 employer.

4 (d) ADMINISTRATIVE AND EMPLOYMENT SERVICES

5 FUNDING.—

6 (1) ADMINISTRATIVE FUNDING.—In addition to

7 any funds made available to a State to carry out this

8 section for a fiscal year, the State shall receive for

9 the fiscal year a payment in an amount that is equal

10 to 15 percent of the amount of such funds and

11 shall—

(A) use not more than

2

12 ⁄3 of such payment

13 for the administration of the climate change ad-

14 justment assistance for workers program under

15 this part, including for—

16 (i) processing waivers of training re-

17 quirements under subsection (a)(4); and

18 (ii) collecting, validating, and report-

19 ing data required under this part; and

(B) use not less than

1

20 ⁄3 of such payment

21 for information and employment services under

22 subsection (b)(1).

23 (2) EMPLOYMENT SERVICES FUNDING.—

24 (A) IN GENERAL.—In addition to any

25 funds made available to a State to carry out 259

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 subsection (b)(2) and the payment under para-

2 graph (1) for a fiscal year, the Secretary shall

3 provide to the State for the fiscal year a reason-

4 able payment for the purpose of providing em-

5 ployment and services under subsection (b)(1).

6 (B) VOLUNTARY RETURN OF FUNDS.—A

7 State that receives a payment under subpara-

8 graph (A) may decline or otherwise return such

9 payment to the Secretary.

10 (e) JOB SEARCH ASSISTANCE.—The Secretary of

11 Labor may provide adversely affected workers one-time

12 job search assistance in accordance with regulations pre-

13 scribed by the Secretary. Any job search assistance pro-

14 vided shall be available only under the following cir-

15 cumstances and conditions:

16 (1) The worker is no longer eligible for the cli-

17 mate change adjustment assistance under subsection

18 (a) and has completed the training program required

19 by subsection (b)(1)(E).

20 (2) The Secretary determines that the worker

21 cannot reasonably be expected to secure suitable em-

22 ployment in the commuting area in which the worker

23 resides.

24 (3) Assistance granted shall provide reimburse-

25 ment to the worker of all necessary job search ex-260

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 penses as prescribed by the Secretary in regulations.

2 Such reimbursement under this subsection may not

3 exceed $1,500 for any worker.

4 (f) RELOCATION ASSISTANCE AUTHORIZED.—

5 (1) IN GENERAL.—Any adversely affected work-

6 er covered by a certification issued under section

7 311 may file an application for relocation assistance

8 with the Secretary, and the Secretary may grant the

9 relocation assistance, subject to the terms and condi-

10 tions of this subsection.

11 (2) CONDITIONS FOR GRANTING ASSISTANCE.—

12 Relocation assistance may be granted if all of the

13 following terms and conditions are met:

14 (A) ASSIST AN ADVERSELY AFFECTED

15 WORKER.—The relocation assistance will assist

16 an adversely affected worker in relocating with-

17 in the United States.

18 (B) LOCAL EMPLOYMENT NOT AVAIL-

19 ABLE.—The Secretary determines that the

20 worker cannot reasonably be expected to secure

21 suitable employment in the commuting area in

22 which the worker resides.

23 (C) TOTAL SEPARATION.—The worker is

24 totally separated from employment at the time

25 relocation commences. 261

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (D) SUITABLE EMPLOYMENT OBTAINED.—

2 The worker—

3 (i) has obtained suitable employment

4 affording a reasonable expectation of long-

5 term duration in the area in which the

6 worker wishes to relocate; or

7 (ii) has obtained a bona fide offer of

8 such employment.

9 (E) APPLICATION.—The worker filed an

10 application with the Secretary at such time and

11 in such manner as the Secretary shall specify

12 by regulation.

13 (3) AMOUNT OF ASSISTANCE.—Relocation as-

14 sistance granted to a worker under paragraph (1)

15 includes—

16 (A) all reasonable and necessary expenses

17 (including, subsistence and transportation ex-

18 penses at levels not exceeding amounts pre-

19 scribed by the Secretary in regulations) in-

20 curred in transporting the worker, the worker’s

21 family, and household effects; and

22 (B) a lump sum equivalent to 3 times the

23 worker’s average weekly wage, up to a max-

24 imum payment of $1,500. 262

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (4) LIMITATIONS.—Relocation assistance may

2 not be granted to a worker unless—

3 (A) the relocation occurs within 182 days

4 after the filing of the application for relocation

5 assistance; or

6 (B) the relocation occurs within 182 days

7 after the conclusion of training, if the worker

8 entered a training program approved by the

9 Secretary under subsection (b)(2).

10 (g) HEALTH INSURANCE CONTINUATION.—Not later

11 than 1 year after the date of enactment of this Act, the

12 Secretary of Labor shall prescribe regulations to provide,

13 for the period in which an adversely affected worker is

14 participating in a training program described in sub-

15 section (b)(2), 80 percent of the monthly premium of any

16 health insurance coverage that an adversely affected work-

17 er was receiving from such worker’s employer prior to the

18 separation from employment described in section 311(b),

19 to be paid to any health care insurance plan designated

20 by the adversely affected worker receiving assistance

21 under this section.

22 SEC. 313. GENERAL PROVISIONS.

23 (a) AGREEMENTS WITH STATES.—

24 (1) IN GENERAL.—The Secretary is authorized

25 on behalf of the United States to enter into an 263

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 agreement with any State, or with any State agency

2 (referred to in this section as ‘‘cooperating States’’

3 and ‘‘cooperating State agencies’’ respectively).

4 Under such an agreement, the cooperating State or

5 cooperating State agency—

6 (A) as agent of the United States, shall re-

7 ceive applications for, and shall provide, pay-

8 ments on the basis provided in this part;

9 (B) in accordance with paragraph (6),

10 shall make available to adversely affected work-

11 ers covered by a certification under section

12 311(d) the employment services described in

13 section 312(b)(1);

14 (C) shall make any certifications required

15 under section 311(d); and

16 (D) shall otherwise cooperate with the Sec-

17 retary and with other State and Federal agen-

18 cies in providing payments and services under

19 this part.

20 Each agreement under this section shall provide the

21 terms and conditions upon which the agreement may

22 be amended, suspended, or terminated.

23 (2) FORM AND MANNER OF DATA.—Each

24 agreement under this section shall— 264

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (A) provide the Secretary with the author-

2 ity to collect any data the Secretary determines

3 necessary to meet the requirements of this part;

4 and

5 (B) specify the form and manner in which

6 any such data requested by the Secretary shall

7 be reported.

8 (3) RELATIONSHIP TO UNEMPLOYMENT INSUR-

9 ANCE.—Each agreement under this section shall

10 provide that an adversely affected worker receiving

11 climate change adjustment assistance under this

12 part shall not be eligible for unemployment insur-

13 ance otherwise payable to such worker under the

14 laws of the State.

15 (4) REVIEW.—A determination by a cooper-

16 ating State agency with respect to entitlement to

17 program benefits under an agreement is subject to

18 review in the same manner and to the same extent

19 as determinations under the applicable State law

20 and only in that manner and to that extent.

21 (5) COORDINATION.—Any agreement entered

22 into under this section shall provide for the coordi-

23 nation of the administration of the provisions for

24 employment services, training, and supplemental as-

25 sistance under section 312 and under title I of the 265

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 Workforce Investment Act of 1998 (29 U.S.C. 2801

2 et seq.) upon such terms and conditions as are es-

3 tablished by the Secretary in consultation with the

4 States and set forth in such agreement. Any agency

5 of the State jointly administering such provisions

6 under such agreement shall be considered to be a co-

7 operating State agency for purposes of this part.

8 (6) RESPONSIBILITIES OF COOPERATING AGEN-

9 CIES.—Each cooperating State agency shall, in car-

10 rying out paragraph (1)(B)—

11 (A) advise each worker who applies for un-

12 employment insurance of the benefits under this

13 part and the procedures and deadlines for ap-

14 plying for such benefits;

15 (B) facilitate the early filing of petitions

16 under section 311(a) for any workers that the

17 agency considers are likely to be eligible for

18 benefits under this part;

19 (C) advise each adversely affected worker

20 to apply for training under section 312(b) be-

21 fore, or at the same time, the worker applies for

22 climate change adjustment assistance under

23 section 312(a);

24 (D) perform outreach to, intake of, and

25 orientation for adversely affected workers and 266

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 adversely affected incumbent workers covered

2 by a certification under section 312(a) with re-

3 spect to assistance and benefits available under

4 this part;

5 (E) make employment services described in

6 section 312(b)(1) available to adversely affected

7 workers and adversely affected incumbent work-

8 ers covered by a certification under section

9 311(d) and, if funds provided to carry out this

10 part are insufficient to make such services

11 available, make arrangements to make such

12 services available through other Federal pro-

13 grams; and

14 (F) provide the benefits and reemployment

15 services under this part in a manner that is

16 necessary for the proper and efficient adminis-

17 tration of this part, including the use of state

18 agency personnel employed in accordance with a

19 merit system of personnel administration stand-

20 ards, including—

21 (i) making determinations of eligibility

22 for, and payment of, climate change read-

23 justment assistance and health care benefit

24 replacement amounts; 267

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (ii) developing recommendations re-

2 garding payments as a bridge to retire-

3 ment and lump sum payments to pension

4 plans in accordance with this subsection;

5 and

6 (iii) the provision of reemployment

7 services to eligible workers, including refer-

8 ral to training services.

9 (7) SUBMISSION OF CERTAIN INFORMATION.—

10 In order to promote the coordination of workforce

11 investment activities in each State with activities

12 carried out under this part, any agreement entered

13 into under this section shall provide that the State

14 shall submit to the Secretary, in such form as the

15 Secretary may require, the description and informa-

16 tion described in paragraphs (8) and (14) of section

17 112(b) of the Workforce Investment Act of 1998 (29

18 U.S.C. 2822(b)) and a description of the State’s

19 rapid response activities under section 134(a)(2)(A)

20 of that Act (29 U.S.C. 2864(a)(2)(A)).

21 (8) CONTROL MEASURES.—

22 (A) IN GENERAL.—The Secretary shall re-

23 quire each cooperating State and cooperating

24 State agency to implement effective control

25 measures and to effectively oversee the oper-268

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 ation and administration of the climate change

2 adjustment assistance program under this part,

3 including by means of monitoring the operation

4 of control measures to improve the accuracy

5 and timeliness of the data being collected and

6 reported.

7 (B) DEFINITION.—For purposes of sub-

8 paragraph (A), the term ‘‘control measures’’

9 means measures that—

10 (i) are internal to a system used by a

11 State to collect data; and

12 (ii) are designed to ensure the accu-

13 racy and verifiability of such data.

14 (9) DATA REPORTING.—

15 (A) IN GENERAL.—Any agreement entered

16 into under this section shall require the cooper-

17 ating State or cooperating State agency to re-

18 port to the Secretary on a quarterly basis com-

19 prehensive performance accountability data, to

20 consist of—

21 (i) the core indicators of performance

22 described in subparagraph (B)(i);

23 (ii) the additional indicators of per-

24 formance described in subparagraph

25 (B)(ii), if any; and 269

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (iii) a description of efforts made to

2 improve outcomes for workers under the

3 climate change adjustment assistance pro-

4 gram.

5 (B) CORE INDICATORS DESCRIBED.—

6 (i) IN GENERAL.—The core indicators

7 of performance described in this subpara-

8 graph are—

9 (I) the percentage of workers re-

10 ceiving benefits under this part who

11 are employed during the second cal-

12 endar quarter following the calendar

13 quarter in which the workers cease re-

14 ceiving such benefits;

15 (II) the percentage of such work-

16 ers who are employed in each of the

17 third and fourth calendar quarters fol-

18 lowing the calendar quarter in which

19 the workers cease receiving such bene-

20 fits; and

21 (III) the earnings of such work-

22 ers in each of the third and fourth

23 calendar quarters following the cal-

24 endar quarter in which the workers

25 cease receiving such benefits. 270

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (ii) ADDITIONAL INDICATORS.—The

2 Secretary and a cooperating State or co-

3 operating State agency may agree upon

4 additional indicators of performance for

5 the climate change adjustment assistance

6 program under this part, as appropriate.

7 (C) STANDARDS WITH RESPECT TO RELI-

8 ABILITY OF DATA.—In preparing the quarterly

9 report required by subparagraph (A), each co-

10 operating State or cooperating State agency

11 shall establish procedures that are consistent

12 with guidelines to be issued by the Secretary to

13 ensure that the data reported are valid and reli-

14 able.

15 (10) VERIFICATION OF ELIGIBILITY FOR PRO-

16 GRAM BENEFITS.—

17 (A) IN GENERAL.—An agreement under

18 this section shall provide that the State shall

19 periodically redetermine that a worker receiving

20 benefits under this part who is not a citizen or

21 national of the United States remains in a sat-

22 isfactory immigration status. Once satisfactory

23 immigration status has been initially verified

24 through the immigration status verification sys-

25 tem described in section 1137(d) of the Social 271

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 Security Act (42 U.S.C. 1320b–7(d)) for pur-

2 poses of establishing a worker’s eligibility for

3 unemployment compensation, the State shall

4 reverify the worker’s immigration status if the

5 documentation provided during initial

6 verification will expire during the period in

7 which that worker is potentially eligible to re-

8 ceive benefits under this part. The State shall

9 conduct such redetermination in a timely man-

10 ner, utilizing the immigration status verification

11 system described in section 1137(d) of the So-

12 cial Security Act (42 U.S.C. 1320b–7(d)).

13 (B) PROCEDURES.—The Secretary shall

14 establish procedures to ensure the uniform ap-

15 plication by the States of the requirements of

16 this paragraph.

17 (b) ADMINISTRATION ABSENT STATE AGREE-

18 MENT.—

19 (1) In any State where there is no agreement

20 in force between a State or its agency under sub-

21 section (a), the Secretary shall promulgate regula-

22 tions for the performance of all necessary functions

23 under section 312, including provision for a fair

24 hearing for any worker whose application for pay-

25 ments is denied. 272

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (2) A final determination under paragraph (1)

2 with respect to entitlement to program benefits

3 under section 312 is subject to review by the courts

4 in the same manner and to the same extent as is

5 provided by section 205(g) of the Social Security Act

6 (42 U.S.C. 405(g)).

7 (c) PROHIBITION ON CONTRACTING WITH PRIVATE

8 ENTITIES.—Neither the Secretary nor a State may con-

9 tract with any private for-profit or nonprofit entity for the

10 administration of the climate change adjustment assist-

11 ance program under this part.

12 (d) PAYMENT TO THE STATES.—

13 (1) IN GENERAL.—The Secretary shall from

14 time to time certify to the Secretary of the Treasury

15 for payment to each cooperating State the sums nec-

16 essary to enable such State as agent of the United

17 States to make payments provided for by this part.

18 (2) RESTRICTION.—All money paid a State

19 under this subsection shall be used solely for the

20 purposes for which it is paid; and money so paid

21 which is not used for such purposes shall be re-

22 turned, at the time specified in the agreement under

23 this section, to the Secretary of the Treasury.

24 (3) BONDS.—Any agreement under this section

25 may require any officer or employee of the State cer-273

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 tifying payments or disbursing funds under the

2 agreement or otherwise participating in the perform-

3 ance of the agreement, to give a surety bond to the

4 United States in such amount as the Secretary may

5 deem necessary, and may provide for the payment of

6 the cost of such bond from funds for carrying out

7 the purposes of this part.

8 (e) LABOR STANDARDS.—

9 (1) PROHIBITION ON DISPLACEMENT.—An indi-

10 vidual in an apprenticeship program or on-the-job

11 training program under this part shall not displace

12 (including a partial displacement, such as a reduc-

13 tion in the hours of non-overtime work, wages, or

14 employment benefits) any employed employee.

15 (2) PROHIBITION ON IMPAIRMENT OF CON-

16 TRACTS.—An apprenticeship program or on-the-job

17 raining program under this Act shall not impair an

18 existing contract for services or collective bargaining

19 agreement, and no such activity that would be incon-

20 sistent with the terms of a collective bargaining

21 agreement shall be undertaken without the written

22 concurrence of the labor organization and employer

23 concerned.

24 (3) ADDITIONAL STANDARDS.—The Secretary,

25 or a State acting under an agreement described in 274

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 subsection (a) may pay the costs of on-the-job train-

2 ing, notwithstanding any other provision of this sec-

3 tion, only if—

4 (A) in the case of training which would be

5 inconsistent with the terms of a collective bar-

6 gaining agreement, the written concurrence of

7 the labor organization concerned has been ob-

8 tained;

9 (B) the job for which such adversely af-

10 fected worker is being trained is not being cre-

11 ated in a promotional line that will infringe in

12 any way upon the promotional opportunities of

13 currently employed individuals;

14 (C) such training is not for the same occu-

15 pation from which the worker was separated

16 and with respect to which such worker’s group

17 was certified pursuant to section 311(d);

18 (D) the employer is provided reimburse-

19 ment of not more than 50 percent of the wage

20 rate of the participant, for the cost of providing

21 the training and additional supervision related

22 to the training; and

23 (E) the employer has not received payment

24 under with respect to any other on-the-job

25 training provided by such employer which failed 275

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 to meet the requirements of subparagraphs (A)

2 through (D).

3 (f) DEFINITIONS.—As used in this part the following

4 definitions apply:

5 (1) The term ‘‘adversely affected employment’’

6 means employment at an employment site, if work-

7 ers at such site are eligible to apply for adjustment

8 assistance under this part.

9 (2) The term ‘‘adversely affected worker’’

10 means an individual who has been totally or partially

11 separated from employment and is eligible to apply

12 for adjustment assistance under this part.

(3) The term ‘‘average weekly wage’’ means

1

13 ⁄13

14 of the total wages paid to an individual in the quar-

15 ter in which the individual’s total wages were highest

16 among the first 4 of the last 5 completed calendar

17 quarters immediately before the quarter in which oc-

18 curs the week with respect to which the computation

19 is made. Such week shall be the week in which total

20 separation occurred, or, in cases where partial sepa-

21 ration is claimed, an appropriate week, as defined in

22 regulations prescribed by the Secretary.

23 (4) The term ‘‘average weekly hours’’ means

24 the average hours worked by the individual (exclud-

25 ing overtime) in the employment from which he has 276

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 been or claims to have been separated in the 52

2 weeks (excluding weeks during which the individual

3 was sick or on vacation) preceding the week speci-

4 fied in the last sentence of paragraph (4).

5 (5) The term ‘‘benefit period’’ means, with re-

6 spect to an individual—

7 (A) the benefit year and any ensuing pe-

8 riod, as determined under applicable State law,

9 during which the individual is eligible for reg-

10 ular compensation, additional compensation, or

11 extended compensation; or

12 (B) the equivalent to such a benefit year

13 or ensuing period provided for under the appli-

14 cable Federal unemployment insurance law.

15 (6) The term ‘‘consumer goods manufacturing’’

16 means the electrical equipment, appliance, and com-

17 ponent manufacturing industry and transportation

18 equipment manufacturing.

19 (7) The term ‘‘employment site’’ means a single

20 facility or site of employment.

21 (8) The term ‘‘energy-intensive manufacturing

22 industries’’ means all industrial sectors, entities, or

23 groups of entities that meet the energy or green-

24 house gas intensity criteria in section 763(b)(2)(A) 277

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 of the Clean Air Act based on the most recent data

2 available.

3 (9) The term ‘‘energy producing and trans-

4 forming industries’’ means the coal mining industry,

5 oil and gas extraction, electricity power generation,

6 transmission and distribution, and natural gas dis-

7 tribution.

8 (10) The term ‘‘on-the-job training’’ means

9 training provided by an employer to an individual

10 who is employed by the employer.

11 (11) The terms ‘‘partial separation’’ and ‘‘par-

12 tially separated’’ refer, with respect to an individual

13 who has not been totally separated, that such indi-

14 vidual has had—

15 (A) his or her hours of work reduced to 80

16 percent or less of his average weekly hours in

17 adversely affected employment; and

18 (B) his or her wages reduced to 80 percent

19 or less of his average weekly wage in such ad-

20 versely affected employment.

21 (12) The term ‘‘public agency’’ means a depart-

22 ment or agency of a State or political subdivision of

23 a State or of the Federal Government.

24 (13) The term ‘‘Secretary’’ means the Secretary

25 of Labor. 278

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (14) The term ‘‘service workers’’ means work-

2 ers supplying support or auxiliary services to an em-

3 ployment site.

4 (15) The term ‘‘State’’ includes the District of

5 Columbia and the Commonwealth of Puerto Rico:

6 and the term ‘‘United States’’ when used in the geo-

7 graphical sense includes such Commonwealth.

8 (16) The term ‘‘State agency’’ means the agen-

9 cy of the State which administers the State law.

10 (17) The term ‘‘State law’’ means the unem-

11 ployment insurance law of the State approved by the

12 Secretary of Labor under section 3304 of the Inter-

13 nal Revenue Code of 1986.

14 (18) The terms ‘‘total separation’’ and ‘‘totally

15 separated’’ refer to the layoff or severance of an in-

16 dividual from employment with an employer in which

17 adversely affected employment exists.

18 (19) The term ‘‘unemployment insurance’’

19 means the unemployment compensation payable to

20 an individual under any State law or Federal unem-

21 ployment compensation law, including chapter 85 of

22 title 5, United States Code, and the Railroad Unem-

23 ployment Insurance Act (45 U.S.C. 351 et seq.).

24 The terms ‘‘regular compensation’’, ‘‘additional com-

25 pensation’’, and ‘‘extended compensation’’ have the 279

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 same respective meanings that are given them in

2 section 205(2), (3), and (4) of the Federal-State Ex-

3 tended Unemployment Compensation Act of 1970

4 (26 U.S.C. 3304 note; Public Law 91–373).

5 (20) The term ‘‘week’’ means a week as defined

6 in the applicable State law.

7 (21) The term ‘‘week of unemployment’’ means

8 a week of total, part-total, or partial unemployment

9 as determined under the applicable State law or

10 Federal unemployment insurance law.

11 (g) SPECIAL RULE WITH RESPECT TO MILITARY

12 SERVICE.—

13 (1) IN GENERAL.—Notwithstanding any other

14 provision of this part, the Secretary may waive any

15 requirement of this part that the Secretary deter-

16 mines is necessary to ensure that an adversely af-

17 fected worker who is a member of a reserve compo-

18 nent of the Armed Forces and serves a period of

19 duty described in paragraph (2) is eligible to receive

20 climate change adjustment assistance, training, and

21 other benefits under this part in the same manner

22 and to the same extent as if the worker had not

23 served the period of duty.

24 (2) PERIOD OF DUTY DESCRIBED.—An ad-

25 versely affected worker serves a period of duty de-280

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 scribed in this paragraph if, before completing train-

2 ing under this part, the worker—

3 (A) serves on active duty for a period of

4 more than 30 days under a call or order to ac-

5 tive duty of more than 30 days; or

6 (B) in the case of a member of the Army

7 National Guard of the United States or Air Na-

8 tional Guard of the United States, performs

9 full-time National Guard duty under section

10 502(f) of title 32, United States Code, for 30

11 consecutive days or more when authorized by

12 the President or the Secretary of Defense for

13 the purpose of responding to a national emer-

14 gency declared by the President and supported

15 by Federal funds.

16 (h) FRAUD AND RECOVERY OF OVERPAYMENTS.—

17 (1) RECOVERY OF PAYMENTS TO WHICH AN IN-

18 DIVIDUAL WAS NOT ENTITLED.—If the Secretary or

19 a court of competent jurisdiction determines that

20 any person has received any payment under this

21 part to which the individual was not entitled, such

22 individual shall be liable to repay such amount to

23 the Secretary, as the case may be, except that the

24 Secretary shall waive such repayment if such agency

25 or the Secretary determines that— 281

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (A) the payment was made without fault

2 on the part of such individual; and

3 (B) requiring such repayment would cause

4 a financial hardship for the individual (or the

5 individual’s household, if applicable) when tak-

6 ing into consideration the income and resources

7 reasonably available to the individual (or house-

8 hold) and other ordinary living expenses of the

9 individual (or household).

10 (2) MEANS OF RECOVERY.—Unless an overpay-

11 ment is otherwise recovered, or waived under para-

12 graph (1), the Secretary shall recover the overpay-

13 ment by deductions from any sums payable to such

14 person under this part, under any Federal unem-

15 ployment compensation law or other Federal law ad-

16 ministered by the Secretary which provides for the

17 payment of assistance with respect to unemploy-

18 ment. Any amount recovered under this section shall

19 be returned to the Treasury of the United States.

20 (3) PENALTIES FOR FRAUD.—Any person

21 who—

22 (A) makes a false statement of a material

23 fact knowing it to be false, or knowingly fails

24 to disclose a material fact, for the purpose of

25 obtaining or increasing for that person or for 282

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 any other person any payment authorized to be

2 furnished under this part; or

3 (B) makes a false statement of a material

4 fact knowing it to be false, or knowingly fails

5 to disclose a material fact, when providing in-

6 formation to the Secretary during an investiga-

7 tion of a petition under section 311(c);

8 shall be imprisoned for not more than one year, or fined

9 under title 18, United States Code, or both, and be ineli-

10 gible for any further payments under this part.

11 (i) REGULATIONS.—The Secretary shall prescribe

12 such regulations as may be necessary to carry out the pro-

13 visions of this part.

14 (j) STUDY ON OLDER WORKERS.—The Secretary

15 shall conduct a study examine the circumstances of older

16 adversely affected workers and the ability of such workers

17 to access their retirement benefits. The Secretary shall

18 transmit a report to Congress not later than 2 years after

19 the date of enactment of this Act on the findings of the

20 study and the Secretary’s recommendations on how to en-

21 sure that adversely affected workers within 2 years of re-

22 tirement are able to access their retirement benefits. 283

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 Subtitle B—International Climate

2 Change Programs

3 SEC. 321. STRATEGIC INTERAGENCY BOARD ON INTER-

4 NATIONAL CLIMATE INVESTMENT.

5 (a) ESTABLISHMENT.—

6 (1) IN GENERAL.—Not later than 90 days after

7 the date of the enactment of this Act, the President

8 shall establish the ‘‘Strategic Interagency Board on

9 International Climate Investment’’ (referred to in

10 this subtitle as the ‘‘Board’’).

11 (2) COMPOSITION.—The Board shall be com-

12 posed of—

13 (A) the Secretary of State;

14 (B) the Administrator of United States

15 Agency for International Development;

16 (C) the Secretary of Energy;

17 (D) the Secretary of the Treasury;

18 (E) the Secretary of Commerce;

19 (F) the Secretary of Agriculture;

20 (G) the Administrator; and

21 (H) such other relevant officials as the

22 President may designate.

23 (b) DUTIES.—The duties of the Board shall include

24 assessing, monitoring, and evaluating the progress and

25 contributions of relevant departments and agencies of the 284

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 Federal Government in supporting financing for inter-

2 national climate change activities.

3 SEC. 322. EMISSION REDUCTIONS FROM REDUCED DEFOR-

4 ESTATION.

5 Title VII of the Clean Air Act (as amended by section

6 101 of division B) is amended by adding at the end the

7 following:

8 ‘‘PART E—SUPPLEMENTAL EMISSION

9 REDUCTIONS

10 ‘‘SEC. 751. DEFINITIONS.

11 ‘‘In this part:

12 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis-

13 trator’ means the Administrator of the United

14 States Agency for International Development.

15 ‘‘(2) DEFORESTATION.—The term ‘deforest-

16 ation’ means a change in land use from a forest to

17 any other land use.

18 ‘‘(3) DEGRADATION.—The term ‘degradation’,

19 with respect to a forest, is any reduction in the car-

20 bon stock of a forest due to the impact of human

21 land-use activities.

22 ‘‘(4) EMISSION REDUCTIONS.—The term ‘emis-

23 sion reductions’ means greenhouse gas emission re-

24 ductions achieved from reduced or avoided deforest-

25 ation under this title. 285

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 ‘‘(5) LEAKAGE PREVENTION ACTIVITIES.—The

2 term ‘leakage prevention activities’ means activities

3 in developing countries that are directed at pre-

4 serving existing forest carbon stocks, including for-

5 ested wetlands and peatlands, that might, absent

6 such activities, be lost through leakage.

7 ‘‘SEC. 752. PURPOSES.

8 ‘‘The purposes of this part are to provide United

9 States assistance to developing countries—

10 ‘‘(1) to develop, implement and improve nation-

11 ally appropriate greenhouse gas mitigation policies

12 and actions that reduce deforestation and forest deg-

13 radation or conserve or restore forest ecosystems, in

14 a measurable, reportable, and verifiable manner; and

15 ‘‘(2) in a manner that is consistent with and

16 enhances the implementation of complementary

17 United States policies that support the good govern-

18 ance of forests, biodiversity conservation, and envi-

19 ronmentally sustainable development, while taking

20 local communities, most vulnerable populations and

21 communities, particularly forest-dependent commu-

22 nities and indigenous peoples into consideration. 286

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 ‘‘SEC. 753. EMISSION REDUCTIONS FROM REDUCED DEFOR-

2 ESTATION.

3 ‘‘(a) IN GENERAL.—Not later than 2 years after the

4 date of the enactment of this part, the Administrator, in

5 consultation with the Administrator of the Environmental

6 Protection Agency, the Secretary of Agriculture, and the

7 head of any other appropriate agency, shall establish a

8 program to provide assistance to reduce greenhouse gas

9 emissions from deforestation in developing countries, in

10 accordance with this title.

11 ‘‘(b) OBJECTIVES.—The objectives of the program es-

12 tablished under this section shall be—

13 ‘‘(1) to reduce greenhouse gas emissions from

14 deforestation in developing countries by at least

15 720,000,000 tons of carbon dioxide equivalent in

16 2020, and a cumulative quantity of at least

17 6,000,000,000 tons of carbon dioxide equivalent by

18 December 31, 2025, with additional reductions in

19 subsequent years;

20 ‘‘(2) to assist developing countries in preparing

21 to participate in international markets for inter-

22 national offset credits for reduced emissions from

23 deforestation; and

24 ‘‘(3) to preserve existing forest carbon stocks in

25 countries where such forest carbon may be vulner-

26 able to international leakage.’’. 287

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 SEC. 323. INTERNATIONAL CLEAN ENERGY DEPLOYMENT

2 PROGRAM.

3 (a) PURPOSES.—The purposes of this section are—

4 (1) to assist developing countries in activities

5 that reduce, sequester, or avoid greenhouse gas

6 emissions;

7 (2) to encourage those countries to shift toward

8 low-carbon development, and promote a successful

9 global agreement under the United Nations Frame-

10 work Convention on Climate Change, done at New

11 York on May 9, 1992 (or a successor agreement)

12 (referred to in this subtitle as the ‘‘Convention’’);

13 and

14 (3) to promote robust compliance with and en-

15 forcement of existing international legal require-

16 ments for the protection of intellectual property

17 rights.

18 (b) ESTABLISHMENT OF INTERNATIONAL CLEAN EN-

19 ERGY DEPLOYMENT PROGRAM.—

20 (1) ESTABLISHMENT.—The Secretary of State,

21 in consultation with an interagency group designated

22 by the President, shall establish an International

23 Clean Energy Deployment Program in accordance

24 with this section.

25 (2) DISTRIBUTION OF ASSISTANCE.—The Sec-

26 retary of State, or the head of such other Federal 288

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 agency as the President may designate, shall direct

2 the distribution of funding to carry out the Clean

3 Energy Technology Program—

4 (A) in the form of bilateral assistance;

5 (B) to multilateral funds or international

6 institutions pursuant to the Convention or an

7 agreement negotiated under the Convention; or

8 (C) through a combination of the mecha-

9 nisms identified under subparagraphs (A) and

10 (B).

11 (c) DETERMINATION OF QUALIFYING ACTIVITIES.—

12 Assistance under this subtitle may be provided only to

13 qualifying entities for clean technology activities (includ-

14 ing building relevant technical and institutional capacity)

15 that contribute to substantial, measurable, reportable, and

16 verifiable reductions, sequestration, or avoidance of green-

17 house gas emissions.

18 SEC. 324. INTERNATIONAL CLIMATE CHANGE ADAPTATION

19 AND GLOBAL SECURITY PROGRAM.

20 (a) PURPOSES.—The purposes of this section are—

21 (1) to provide assistance to the most vulnerable

22 developing countries, particularly to the most vulner-

23 able communities and populations in those countries;

24 and 289

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (2) to support the development and implemen-

2 tation of climate change adaptation programs in a

3 way that protects and promotes interests of the

4 United States, to the extent those interests may be

5 advanced by minimizing, averting, or increasing re-

6 silience to climate change impacts.

7 (b) INTERNATIONAL CLIMATE CHANGE ADAPTATION

8 AND GLOBAL SECURITY PROGRAM.—

9 (1) ESTABLISHMENT.—The Secretary of State,

10 in consultation with the Administrator of the United

11 States Agency for International Development, the

12 Secretary of the Treasury, and the Administrator,

13 shall establish an International Climate Change Ad-

14 aptation and Global Security Program in accordance

15 with this section.

16 (2) DISTRIBUTION OF ASSISTANCE.—The Sec-

17 retary of State, or the head of such other Federal

18 agency as the President may designate, after con-

19 sultation with the Secretary of the Treasury, the Ad-

20 ministrator of the United States Agency for Inter-

21 national Development, and the Administrator, shall

22 direct the distribution of funding to carry out the

23 International Climate Change Adaptation and Global

24 Security Program—

25 (A) in the form of bilateral assistance; 290

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (B) to multilateral funds or international

2 institutions pursuant to the Convention or an

3 agreement negotiated under the Convention; or

4 (C) through a combination of the mecha-

5 nisms identified under subparagraphs (A) and

6 (B).

7 SEC. 325. EVALUATION AND REPORTS.

8 (a) MONITORING, EVALUATION,  AND ENFORCE-

9 MENT.—The Board shall establish and implement a sys-

10 tem to monitor and evaluate the effectiveness and effi-

11 ciency of assistance provided under this subtitle by includ-

12 ing evaluation criteria, such as performance indicators.

13 (b) REPORTS AND REVIEW.—

14 (1) ANNUAL REPORT.—Not later than 1 year

15 after the date of enactment of this Act, and annually

16 thereafter, the Board shall submit to the appropriate

17 committees of Congress a report that describes—

18 (A) the steps Federal agencies have taken,

19 and the progress made, toward accomplishing

20 the objectives of this section; and

21 (B) the ramifications of any potentially de-

22 stabilizing impacts climate change may have on

23 the interests of the United States.

24 (2) REVIEWS.—Not later than 3 years after the

25 date of enactment of this Act, and triennially there-291

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 after, the Board, in cooperation with the National

2 Academy of Sciences and other appropriate research

3 and development institutions, shall—

4 (A) review the global needs and opportuni-

5 ties for climate change investment in developing

6 countries; and

7 (B) submit to Congress a report that de-

8 scribes the findings of the review.

9 SEC. 326. REPORT ON CLIMATE ACTIONS OF MAJOR

10 ECONOMIES.

11 (a) IN GENERAL.—The Secretary of State, in co-

12 operation with the Board, shall prepare an interagency re-

13 port on climate change and energy policy of the 5 coun-

14 tries that, of the countries that are not members of the

15 Organisation for Economic Co-Operation and Develop-

16 ment, emit the greatest annual quantity of greenhouse

17 gases.

18 (b) PURPOSES.—The purposes of the report shall

19 be—

20 (1) to provide to Congress and the public of the

21 United States—

22 (A) a better understanding of the actions

23 the countries described in subsection (a) are

24 taking to reduce greenhouse gas emissions; and 292

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (B) an assessment of the climate change

2 and energy policy commitments and actions of

3 those countries; and

4 (2) to identify the means by which the United

5 States can assist those countries in achieving such

6 a reduction.

7 (c) SUBMISSION TO CONGRESS.—Not later than 15

8 months after the date of enactment of this Act, the Sec-

9 retary of State shall submit to the appropriate committees

10 of Congress the report prepared under this section.

11 Subtitle C—Adapting to Climate

12 Change

13 PART 1—DOMESTIC ADAPTATION

14 Subpart A—National Climate Change Adaptation

15 Program

16 SEC. 341. NATIONAL CLIMATE CHANGE ADAPTATION PRO-

17 GRAM.

18 The President shall establish within the United

19 States Global Change Research Program a National Cli-

20 mate Change Adaptation Program for the purpose of in-

21 creasing the overall effectiveness of Federal climate

22 change adaptation efforts.

23 SEC. 342. CLIMATE SERVICES.

24 The Secretary of Commerce, acting through the Ad-

25 ministrator of the National Oceanic and Atmospheric Ad-293

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 ministration (NOAA), shall establish within NOAA a Na-

2 tional Climate Service to develop climate information,

3 data, forecasts, and warnings at national and regional

4 scales, and to distribute information related to climate im-

5 pacts to State, local, and tribal governments and the pub-

6 lic to facilitate the development and implementation of

7 strategies to reduce society’s vulnerability to climate varia-

8 bility and change.

9 Subpart B—Public Health and Climate Change

10 SEC. 351. SENSE OF CONGRESS ON PUBLIC HEALTH AND

11 CLIMATE CHANGE.

12 It is the sense of the Congress that the Federal Gov-

13 ernment, in cooperation with international, State, tribal,

14 and local governments, Indian tribes, concerned public and

15 private organizations, and citizens, should use all prac-

16 ticable means and measures—

17 (1) to assist the efforts of public health and

18 health care professionals, first responders, States,

19 Indian tribes, municipalities, and local communities

20 to incorporate measures to prepare health systems to

21 respond to the impacts of climate change;

22 (2) to ensure—

23 (A) that the Nation’s health professionals

24 have sufficient information to prepare for and 294

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 respond to the adverse health impacts of cli-

2 mate change;

3 (B) the utility and value of scientific re-

4 search in advancing understanding of—

5 (i) the health impacts of climate

6 change; and

7 (ii) strategies to prepare for and re-

8 spond to the health impacts of climate

9 change;

10 (C) the identification of communities vul-

11 nerable to the health effects of climate change

12 and the development of strategic response plans

13 to be carried out by health professionals for

14 those communities;

15 (D) the improvement of health status and

16 health equity through efforts to prepare for and

17 respond to climate change; and

18 (E) the inclusion of health policy in the de-

19 velopment of climate change responses;

20 (3) to encourage further research, interdiscipli-

21 nary partnership, and collaboration among stake-

22 holders in order to—

23 (A) understand and monitor the health im-

24 pacts of climate change; and 295

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (B) improve public health knowledge and

2 response strategies to climate change;

3 (4) to enhance preparedness activities, and pub-

4 lic health infrastructure, relating to climate change

5 and health;

6 (5) to encourage each and every American to

7 learn about the impacts of climate change on health;

8 and

9 (6) to assist the efforts of developing nations to

10 incorporate measures to prepare health systems to

11 respond to the impacts of climate change.

12 SEC. 352. RELATIONSHIP TO OTHER LAWS.

13 Nothing in this subpart in any manner limits the au-

14 thority provided to or responsibility conferred on any Fed-

15 eral department or agency by any provision of any law

16 (including regulations) or authorizes any violation of any

17 provision of any law (including regulations), including any

18 health, energy, environmental, transportation, or any

19 other law or regulation.

20 SEC. 353. NATIONAL STRATEGIC ACTION PLAN.

21 (a) REQUIREMENT.—

22 (1) IN GENERAL.—The Secretary of Health and

23 Human Services, within 2 years after the date of the

24 enactment of this Act, on the basis of the best avail-

25 able science, and in consultation pursuant to para-296

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 graph (2), shall publish a strategic action plan to as-

2 sist health professionals in preparing for and re-

3 sponding to the impacts of climate change on public

4 health in the United States and other nations, par-

5 ticularly developing nations.

6 (2) CONSULTATION.—In developing or making

7 any revision to the national strategic action plan, the

8 Secretary shall—

9 (A) consult with the Director of the Cen-

10 ters for Disease Control and Prevention, the

11 Administrator of the Environmental Protection

12 Agency, the Director of the National Institutes

13 of Health, the Director of the Indian Health

14 Service, the Secretary of Energy, other appro-

15 priate Federal agencies, Indian tribes, State

16 and local governments, public health organiza-

17 tions, scientists, and other interested stake-

18 holders; and

19 (B) provide opportunity for public input.

20 (b) CONTENTS.—

21 (1) IN GENERAL.—The Secretary shall assist

22 health professionals in preparing for and responding

23 effectively and efficiently to the health effects of cli-

24 mate change through measures including— 297

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (A) developing, improving, integrating, and

2 maintaining domestic and international disease

3 surveillance systems and monitoring capacity to

4 respond to health-related effects of climate

5 change, including on topics addressing—

6 (i) water, food, and vector borne infec-

7 tious diseases and climate change;

8 (ii) pulmonary effects, including re-

9 sponses to aeroallergens;

10 (iii) cardiovascular effects, including

11 impacts of temperature extremes;

12 (iv) air pollution health effects, includ-

13 ing heightened sensitivity to air pollution;

14 (v) hazardous algal blooms;

15 (vi) mental and behavioral health im-

16 pacts of climate change;

17 (vii) the health of refugees, displaced

18 persons, and vulnerable communities;

19 (viii) the implications for communities

20 vulnerable to health effects of climate

21 change, as well as strategies for responding

22 to climate change within these commu-

23 nities; and 298

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (ix) local and community-based health

2 interventions for climate-related health im-

3 pacts;

4 (B) creating tools for predicting and moni-

5 toring the public health effects of climate

6 change on the international, national, regional,

7 State, tribal, and local levels, and providing

8 technical support to assist in their implementa-

9 tion;

10 (C) developing public health communica-

11 tions strategies and interventions for extreme

12 weather events and disaster response situations;

13 (D) identifying and prioritizing commu-

14 nities and populations vulnerable to the health

15 effects of climate change, and determining ac-

16 tions and communication strategies that should

17 be taken to inform and protect these commu-

18 nities and populations from the health effects of

19 climate change;

20 (E) developing health communication, pub-

21 lic education, and outreach programs aimed at

22 public health and health care professionals, as

23 well as the general public, to promote prepared-

24 ness and response strategies relating to climate

25 change and public health, including the identi-299

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 fication of greenhouse gas reduction behaviors

2 that are health-promoting; and

3 (F) developing academic and regional cen-

4 ters of excellence devoted to—

5 (i) researching relationships between

6 climate change and health;

7 (ii) expanding and training the public

8 health workforce to strengthen the capacity

9 of such workforce to respond to and pre-

10 pare for the health effects of climate

11 change;

12 (iii) creating and supporting academic

13 fellowships focusing on the health effects

14 of climate change; and

15 (iv) training senior health ministry of-

16 ficials from developing nations to strength-

17 en the capacity of such nations to—

18 (I) prepare for and respond to

19 the health effects of climate change;

20 and

21 (II) build an international net-

22 work of public health professionals

23 with the necessary climate change

24 knowledge base; 300

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (G) using techniques, including health im-

2 pact assessments, to assess various climate

3 change public health preparedness and response

4 strategies on international, national, State, re-

5 gional, tribal, and local levels, and make rec-

6 ommendations as to those strategies that best

7 protect the public health;

8 (H)(i) assisting in the development, imple-

9 mentation, and support of State, regional, trib-

10 al, and local preparedness, communication, and

11 response plans (including with respect to the

12 health departments of such entities) to antici-

13 pate and reduce the health threats of climate

14 change; and

15 (ii) pursuing collaborative efforts to de-

16 velop, integrate, and implement such plans;

17 (I) creating a program to advance research

18 as it relates to the effects of climate change on

19 public health across Federal agencies, including

20 research to—

21 (i) identify and assess climate change

22 health effects preparedness and response

23 strategies;

24 (ii) prioritize critical public health in-

25 frastructure projects related to potential 301

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 climate change impacts that affect public

2 health; and

3 (iii) coordinate preparedness for cli-

4 mate change health impacts, including the

5 development of modeling and forecasting

6 tools;

7 (J) providing technical assistance for the

8 development, implementation, and support of

9 preparedness and response plans to anticipate

10 and reduce the health threats of climate change

11 in developing nations; and

12 (K) carrying out other activities deter-

13 mined appropriate by the Secretary to plan for

14 and respond to the impacts of climate change

15 on public health.

16 (c) REVISION.—The Secretary shall revise the na-

17 tional strategic action plan not later than July 1, 2014,

18 and every 4 years thereafter, to reflect new information

19 collected pursuant to implementation of the national stra-

20 tegic action plan and otherwise, including information

21 on—

22 (1) the status of critical environmental health

23 parameters and related human health impacts;

24 (2) the impacts of climate change on public

25 health; and 302

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (3) advances in the development of strategies

2 for preparing for and responding to the impacts of

3 climate change on public health.

4 (d) IMPLEMENTATION.—

5 (1) IMPLEMENTATION THROUGH HHS.—The

6 Secretary shall exercise the Secretary’s authority

7 under this subpart and other provisions of Federal

8 law to achieve the goals and measures of the na-

9 tional strategic action plan.

10 (2) OTHER PUBLIC HEALTH PROGRAMS AND

11 INITIATIVES.—The Secretary and Federal officials of

12 other relevant Federal agencies shall administer

13 public health programs and initiatives authorized by

14 provisions of law other than this subpart, subject to

15 the requirements of such statutes, in a manner de-

16 signed to achieve the goals of the national strategic

17 action plan.

18 (3) SPECIFIC ACTIVITIES.—In furtherance of

19 the national strategic action plan, the Secretary

20 shall—

21 (A) conduct scientific research to assist

22 health professionals in preparing for and re-

23 sponding to the impacts of climate change on

24 public health; and

25 (B) provide funding for— 303

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (i) research on the health effects of

2 climate change; and

3 (ii) preparedness planning on the

4 international, national, State, tribal, re-

5 gional, and local levels to respond to or re-

6 duce the burden of health effects of climate

7 change; and

8 (C) carry out other activities determined

9 appropriate by the Secretary to prepare for and

10 respond to the impacts of climate change on

11 public health.

12 SEC. 354. ADVISORY BOARD.

13 (a) ESTABLISHMENT.—The Secretary shall establish

14 a permanent science advisory board comprised of not less

15 than 10 and not more than 20 members.

16 (b) APPOINTMENT OF MEMBERS.—The Secretary

17 shall appoint the members of the science advisory board

18 from among individuals—

19 (1) who have expertise in public health and

20 human services, climate change, and other relevant

21 disciplines; and

(2) at least

1

22 ⁄2 of whom are recommended by

23 the President of the National Academy of Sciences.

24 (c) FUNCTIONS.—The science advisory board shall— 304

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (1) provide scientific and technical advice and

2 recommendations to the Secretary on the domestic

3 and international impacts of climate change on pub-

4 lic health, populations and regions particularly vul-

5 nerable to the effects of climate change, and strate-

6 gies and mechanisms to prepare for and respond to

7 the impacts of climate change on public health; and

8 (2) advise the Secretary regarding the best

9 science available for purposes of issuing the national

10 strategic action plan.

11 SEC. 355. REPORTS.

12 (a) NEEDS ASSESSMENT.—

13 (1) IN GENERAL.—The Secretary shall seek to

14 enter into, by not later than 6 months after the date

15 of the enactment of this Act, an agreement with the

16 National Research Council and the Institute of Med-

17 icine to complete a report that—

18 (A) assesses the needs for health profes-

19 sionals to prepare for and respond to climate

20 change impacts on public health; and

21 (B) recommends programs to meet those

22 needs.

23 (2) SUBMISSION.—The agreement under para-

24 graph (1) shall require the completed report to be

25 submitted to the Congress and the Secretary and 305

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 made publicly available not later than 1 year after

2 the date of the agreement.

3 (b) CLIMATE CHANGE HEALTH PROTECTION AND

4 PROMOTION REPORTS.—

5 (1) IN GENERAL.—The Secretary, in consulta-

6 tion with the advisory board established under sec-

7 tion 354, shall ensure the issuance of reports to aid

8 health professionals in preparing for and responding

9 to the adverse health effects of climate change

10 that—

11 (A) review scientific developments on

12 health impacts of climate change; and

13 (B) recommend changes to the national

14 strategic action plan.

15 (2) SUBMISSION.—The Secretary shall submit

16 the reports required by paragraph (1) to the Con-

17 gress and make such reports publicly available not

18 later than July 1, 2013, and every 4 years there-

19 after.

20 SEC. 356. DEFINITIONS.

21 In this subpart:

22 (1) HEALTH IMPACT ASSESSMENT.—The term

23 ‘‘health impact assessment’’ means a combination of

24 procedures, methods, and tools by which a policy,

25 program, or project may be judged as to its potential 306

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 effects on the health of a population, and the dis-

2 tribution of those effects within the population.

3 (2) NATIONAL STRATEGIC ACTION PLAN.—The

4 term ‘‘national strategic action plan’’ means the

5 plan issued and revised under section 353.

6 (3) SECRETARY.—Unless otherwise specified,

7 the term ‘‘Secretary’’ means the Secretary of Health

8 and Human Services.

9 Subpart C—Climate Change Safeguards for Natural

10 Resources Conservation

11 SEC. 361. PURPOSES.

12 The purposes of this subpart are—

13 (1) to establish an integrated Federal program

14 that responds to ongoing and expected impacts of

15 climate change, including, where applicable, ocean

16 acidification, drought, flooding, and wildfire, by pro-

17 tecting, restoring, and conserving the natural re-

18 sources of the United States; and

19 (2) to provide financial support and incentives

20 for programs, strategies, and activities that respond

21 to threats of climate change, including, where appli-

22 cable, ocean acidification, drought, flooding, and

23 wildfire, by protecting, restoring, and conserving the

24 natural resources of the United States. 307

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 SEC. 362. NATURAL RESOURCES CLIMATE CHANGE ADAP-

2 TATION POLICY.

3 It is the policy of the Federal Government, in co-

4 operation with State and local governments, Indian tribes,

5 and other interested stakeholders, to use all practicable

6 means to protect, restore, and conserve natural resources

7 so that natural resources become more resilient, adapt to,

8 and withstand the ongoing and expected impacts of cli-

9 mate change, including, where applicable, ocean acidifica-

10 tion, drought, flooding, and wildfire.

11 SEC. 363. DEFINITIONS.

12 In this subpart:

13 (1) ACCOUNT.—The term ‘‘Account’’ means the

14 Natural Resources Climate Change Adaption Ac-

15 count established by section 370(a).

16 (2) ADMINISTRATORS.—The term ‘‘Administra-

17 tors’’ means—

18 (A) the Administrator of the National Oce-

19 anic and Atmospheric Administration; and

20 (B) the Director of the United States Geo-

21 logical Survey.

22 (3) BOARD.—The term ‘‘Board’’ means the

23 Science Advisory Board established by section

24 367(f)(1). 308

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (4) CENTER.—The term ‘‘Center’’ means the

2 National Climate Change and Wildlife Science Cen-

3 ter described by section 367(e)(1).

4 (5) COASTAL STATE.—The term ‘‘coastal

5 State’’ has the meaning given the term ‘‘coastal

6 state’’ in section 304 of the Coastal Zone Manage-

7 ment Act of 1972 (16 U.S.C. 1453).

8 (6) CORRIDORS.—The term ‘‘corridors’’ means

9 areas that—

10 (A) provide connectivity, over different

11 time scales, of habitats or potential habitats;

12 and

13 (B) facilitate terrestrial, marine, estuarine,

14 and freshwater fish, wildlife, or plant movement

15 necessary for migration, gene flow, or dispersal,

16 or to respond to the ongoing and expected im-

17 pacts of climate change, including, where appli-

18 cable, ocean acidification, drought, flooding,

19 and wildfire.

20 (7) ECOLOGICAL PROCESSES.—The term ‘‘eco-

21 logical processes’’ means biological, chemical, or

22 physical interaction between the biotic and abiotic

23 components of an ecosystem, including—

24 (A) nutrient cycling;

25 (B) pollination; 309

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (C) predator-prey relationships;

2 (D) soil formation;

3 (E) gene flow;

4 (F) disease epizootiology;

5 (G) larval dispersal and settlement;

6 (H) hydrological cycling;

7 (I) decomposition; and

8 (J) disturbance regimes, such as fire and

9 flooding.

10 (8) HABITAT.—The term ‘‘habitat’’ means the

11 physical, chemical, and biological properties that

12 fish, wildlife, or plants use for growth, reproduction,

13 survival, food, water, or cover (whether on land, in

14 water, or in an area or region).

15 (9) INDIAN TRIBE.—The term ‘‘Indian tribe’’

16 has the meaning given the term in section 4 of the

17 Indian Self-Determination and Education Assistance

18 Act (25 U.S.C. 450b).

19 (10) NATURAL RESOURCES.—The term ‘‘nat-

20 ural resources’’ means land, wildlife, fish, air, water,

21 estuaries, plants, habitats, and ecosystems of the

22 United States.

23 (11) NATURAL RESOURCES ADAPTATION.—The

24 term ‘‘natural resources adaptation’’ means the pro-

25 tection, restoration, and conservation of natural re-310

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 sources so that natural resources become more resil-

2 ient, adapt to, and withstand the ongoing and ex-

3 pected impacts of climate change, including, where

4 applicable, ocean acidification, drought, flooding,

5 and wildfire.

6 (12) PANEL.—The term ‘‘Panel’’ means the

7 Natural Resources Climate Change Adaptation

8 Panel established under section 365(a).

9 (13) RESILIENCE;  RESILIENT.—The terms ‘‘re-

10 silience’’ and ‘‘resilient’’ mean—

11 (A) the ability to resist or recover from

12 disturbance; and

13 (B) the ability to preserve diversity, pro-

14 ductivity, and sustainability.

15 (14) STATE.—The term ‘‘State’’ means—

16 (A) a State of the United States;

17 (B) the District of Columbia;

18 (C) American Samoa;

19 (D) Guam;

20 (E) the Commonwealth of the Northern

21 Mariana Islands;

22 (F) the Commonwealth of Puerto Rico;

23 and

24 (G) the United States Virgin Islands. 311

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (15) STRATEGY.—The term ‘‘Strategy’’ means

2 the Natural Resources Climate Change Adaptation

3 Strategy developed under section 366(a).

4 SEC. 364. COUNCIL ON ENVIRONMENTAL QUALITY.

5 The Chair of the Council on Environmental Quality

6 shall—

7 (1) advise the President on implementing and

8 developing—

9 (A) the Strategy; and

10 (B) the Federal natural resource agency

11 adaptation plans required by section 368;

12 (2) serve as the Chair of the Panel established

13 under section 365; and

14 (3) coordinate Federal agency strategies, plans,

15 programs, and activities relating to protecting, re-

16 storing, and maintaining natural resources so that

17 natural resources become more resilient, adapt to,

18 and withstand the ongoing and expected impacts of

19 climate change.

20 SEC. 365. NATURAL RESOURCES CLIMATE CHANGE ADAP-

21 TATION PANEL.

22 (a) ESTABLISHMENT.—Not later than 90 days after

23 the date of enactment of this Act, the President shall es-

24 tablish a Natural Resources Climate Change Adaptation

25 Panel. 312

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (b) DUTIES.—The Panel shall serve as a forum for

2 interagency consultation on, and the coordination of, the

3 development and implementation of the Strategy.

4 (c) MEMBERSHIP.—The Panel shall be composed

5 of—

6 (1) the Administrator of the National Oceanic

7 and Atmospheric Administration (or a designee);

8 (2) the Chief of the Forest Service (or a des-

9 ignee);

10 (3) the Director of the National Park Service

11 (or a designee);

12 (4) the Director of the United States Fish and

13 Wildlife Service (or a designee);

14 (5) the Director of the Bureau of Land Man-

15 agement (or a designee);

16 (6) the Director of the United States Geological

17 Survey (or a designee);

18 (7) the Commissioner of Reclamation (or a des-

19 ignee); and

20 (8) the Director of the Bureau of Indian Affairs

21 (or a designee);

22 (9) the Administrator of the Environmental

23 Protection Agency (or a designee);

24 (10) the Chief of Engineers (or a designee); 313

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (11) the Chair of the Council on Environmental

2 Quality (or a designee);

3 (12) the Administrator of the Federal Emer-

4 gency Management Agency (or a designee); and

5 (13) the heads of such other Federal agencies

6 or departments with jurisdiction over natural re-

7 sources of the United States, as determined by the

8 President.

9 (d) CHAIRPERSON.—The Chair of the Council on En-

10 vironmental Quality shall serve as the Chairperson of the

11 Panel.

12 SEC. 366. NATURAL RESOURCES CLIMATE CHANGE ADAP-

13 TATION STRATEGY.

14 (a) IN GENERAL.—Not later than 1 year after the

15 date of enactment of this Act, the Panel shall develop a

16 Natural Resources Climate Change Adaptation Strategy—

17 (1) to protect, restore, and conserve natural re-

18 sources so that natural resources become more resil-

19 ient, adapt to, and withstand the ongoing and ex-

20 pected impacts of climate change; and

21 (2) to identify opportunities to mitigate the on-

22 going and expected impacts of climate change.

23 (b) DEVELOPMENT.—In developing and revising the

24 Strategy, the Panel shall— 314

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (1) base the strategy on the best available

2 science;

3 (2) develop the strategy in close cooperation

4 with States and Indian tribes;

5 (3) coordinate with other Federal agencies, as

6 appropriate;

7 (4) consult with local governments, conservation

8 organizations, scientists, and other interested stake-

9 holders; and

10 (5) provide public notice and opportunity for

11 comment.

12 (c) REVISION.—After the Panel adopts the initial

13 Strategy, the Panel shall review and revise the Strategy

14 every 5 years to incorporate—

15 (1) new information regarding the ongoing and

16 expected impacts of climate change on natural re-

17 sources; and

18 (2) new advances in the development of strate-

19 gies that make natural resources more resilient or

20 able to adapt to the ongoing and expected impacts

21 of climate change.

22 (d) CONTENTS.—The Strategy shall—

23 (1) assess the vulnerability of natural resources

24 to climate change, including short-term, medium- 315

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 term, long-term, cumulative, and synergistic im-

2 pacts;

3 (2) describe current research, observation, and

4 monitoring activities at the Federal, State, tribal,

5 and local level related to the ongoing and expected

6 impacts of climate change on natural resources;

7 (3) identify and prioritize research and data

8 needs;

9 (4) identify natural resources likely to have the

10 greatest need for protection, restoration, and con-

11 servation due to the ongoing and expanding impacts

12 of climate change;

13 (5) include specific protocols for integrating

14 natural resources adaptation strategies and activities

15 into the conservation and management of natural re-

16 sources by Federal departments and agencies to en-

17 sure consistency across agency jurisdictions;

18 (6) include specific actions that Federal depart-

19 ments and agencies shall take to protect, conserve,

20 and restore natural resources to become more resil-

21 ient, adapt to, and withstand the ongoing and ex-

22 pected impacts of climate change, including a

23 timeline to implement those actions;

24 (7) include specific mechanisms for ensuring

25 communication and coordination— 316

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (A) among Federal departments and agen-

2 cies; and

3 (B) between Federal departments and

4 agencies and State natural resource agencies,

5 United States territories, Indian tribes, private

6 landowners, conservation organizations, and

7 other countries that share jurisdiction over nat-

8 ural resources with the United States;

9 (8) include specific actions to develop and im-

10 plement consistent natural resources inventory and

11 monitoring protocols through interagency coordina-

12 tion and collaboration; and

13 (9) include procedures for guiding the develop-

14 ment of detailed agency- and department-specific ad-

15 aptation plans required under section 368.

16 (e) IMPLEMENTATION.—Consistent with other laws

17 and Federal trust responsibilities concerning Indian land,

18 each Federal department or agency represented on the

19 Panel shall integrate the elements of the Strategy that re-

20 late to conservation, restoration, and management of nat-

21 ural resources into agency plans, environmental reviews,

22 programs, and activities. 317

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 SEC. 367. NATURAL RESOURCES ADAPTATION SCIENCE

2 AND INFORMATION.

3 (a) COORDINATION.—Not later than 90 days after

4 the date of enactment of this Act, the Administrators shall

5 establish coordinated procedures for developing and pro-

6 viding science and information necessary to address the

7 ongoing and expected impacts of climate change on nat-

8 ural resources.

9 (b) OVERSIGHT.—The National Climate Change and

10 Wildlife Science Center established under subsection (e)

11 and the National Climate Service of the National Oceanic

12 and Atmospheric Administration shall oversee develop-

13 ment of the procedures.

14 (c) FUNCTIONS.—The Administrators shall—

15 (1) ensure that the procedures required under

16 subsection (a) avoid duplication; and

17 (2) ensure that the National Oceanic and At-

18 mospheric Administration and the United States Ge-

19 ological Survey—

20 (A) provide technical assistance to Federal

21 departments and agencies, State and local gov-

22 ernments, Indian tribes, and interested private

23 landowners that are pursuing the goals of ad-

24 dressing the ongoing and expected impacts of

25 climate change on natural resources; 318

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (B) conduct and sponsor research to de-

2 velop strategies that increase the ability of nat-

3 ural resources to become more resilient, adapt

4 to, and withstand the ongoing and expected im-

5 pacts of climate change;

6 (C) provide Federal departments and agen-

7 cies, State and local governments, Indian tribes,

8 and interested private landowners with research

9 products, decision and monitoring tools, and in-

10 formation to develop strategies that increase

11 the ability of natural resources to become more

12 resilient, adapt to, and withstand the ongoing

13 and expected impacts of climate change; and

14 (D) assist Federal departments and agen-

15 cies in the development of adaptation plans re-

16 quired by section 368.

17 (d) SURVEY.—Not later than 1 year after the date

18 of enactment of this Act, and every 5 years thereafter,

19 the Secretary of Commerce and the Secretary of the Inte-

20 rior shall conduct a climate change impact survey that—

21 (1) identifies natural resources considered likely

22 to be adversely affected by climate change;

23 (2) includes baseline monitoring and ongoing

24 trend analysis; 319

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (3) with input from stakeholders, identifies and

2 prioritizes necessary monitoring and research that is

3 most relevant to the needs of natural resource man-

4 agers to address the ongoing and expected impacts

5 of climate change and to promote resilience; and

6 (4) identifies the decision tools necessary to de-

7 velop strategies that increase the ability of natural

8 resources to become more resilient, adapt to, and

9 withstand the ongoing and expected impacts of cli-

10 mate change.

11 (e) NATIONAL CLIMATE CHANGE AND WILDLIFE

12 SCIENCE CENTER.—

13 (1) ESTABLISHMENT.—The Secretary of the In-

14 terior shall establish the National Climate Change

15 and Wildlife Science Center within the United States

16 Geological Survey.

17 (2) FUNCTIONS.—In collaboration with Federal

18 and State natural resources agencies and depart-

19 ments, Indian tribes, universities, and other partner

20 organizations, the Center shall—

21 (A) assess and synthesize current physical

22 and biological knowledge;

23 (B) prioritize scientific gaps in such knowl-

24 edge in order to forecast the ecological impacts

25 of climate change, including, where applicable, 320

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 ocean acidification, drought, flooding, and wild-

2 fire on fish and wildlife at the ecosystem, habi-

3 tat, community, population, and species levels;

4 (C) develop and improve tools to identify,

5 evaluate, and link scientific approaches and

6 models that forecast the impacts of climate

7 change, including, where applicable, ocean acidi-

8 fication, drought, flooding, and wildfire on fish,

9 wildlife, plants, and associated habitats, includ-

10 ing—

11 (i) monitoring;

12 (ii) predictive models;

13 (iii) vulnerability analyses;

14 (iv) risk assessments; and

15 (v) decision support systems that help

16 managers make informed decisions;

17 (D) develop and evaluate tools to adapt-

18 ively manage and monitor the effects of climate

19 change (including tools for the collection of

20 data) on fish and wildlife on the national, re-

21 gional, and local level; and

22 (E) develop capacities for sharing stand-

23 ardized data and the synthesis of the data de-

24 scribed in subparagraph (D).

25 (f) SCIENCE ADVISORY BOARD.— 321

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (1) ESTABLISHMENT.—Not later than 180 days

2 after the date of enactment of this Act, the Sec-

3 retary of Commerce and the Secretary of the Inte-

4 rior shall establish and appoint the members of the

5 Science Advisory Board.

6 (2) MEMBERSHIP.—The Board shall be com-

7 prised of not fewer than 10 and not more than 20

8 members—

9 (A) who have expertise in fish, wildlife,

10 plant, aquatic, and coastal and marine biology,

11 ecology, climate change, including, where appli-

12 cable, ocean acidification, drought, flooding,

13 and wildfire, and other relevant scientific dis-

14 ciplines;

15 (B) who represent a balanced membership

16 among Federal, State, tribal, and local rep-

17 resentatives, universities, and conservation or-

18 ganizations; and

(C) at least

1

19 ⁄2 of whom are recommended

20 by the President of the National Academy of

21 Sciences.

22 (3) DUTIES.—The Board shall—

23 (A) advise the Secretary of Commerce and

24 the Secretary of the Interior on the state of the

25 science regarding— 322

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (i) the ongoing and expected impacts

2 of climate change, including, where appli-

3 cable, ocean acidification, drought, flood-

4 ing, and wildfire on natural resources; and

5 (ii) scientific strategies and mecha-

6 nisms for protecting, restoring, and con-

7 serving natural resources so natural re-

8 sources become more resilient, adapt to,

9 and withstand the ongoing and expected

10 impacts of climate change, including,

11 where applicable, ocean acidification,

12 drought, flooding, and wildfire; and

13 (B) identify and recommend priorities for

14 ongoing research needs on the issues described

15 in subparagraph (A).

16 (4) COLLABORATION.—The Board shall collabo-

17 rate with climate change and ecosystem research en-

18 tities in other Federal agencies and departments.

19 (5) AVAILABILITY TO PUBLIC.—The advice and

20 recommendations of the Board shall be made avail-

21 able to the public. 323

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 SEC. 368. FEDERAL NATURAL RESOURCE AGENCY ADAPTA-

2 TION PLANS.

3 (a) DEVELOPMENT.—Not later than 1 year after the

4 date of development of the Strategy, each department or

5 agency with representation on the Panel shall—

6 (1) complete an adaptation plan for that de-

7 partment or agency that—

8 (A) implements the Strategy and is con-

9 sistent with the natural resources climate

10 change adaptation policy required by section

11 362;

12 (B) details the ongoing and expanding ac-

13 tions of the department or agency, and any

14 changes in decisionmaking processes necessary

15 to increase the ability of resources under the ju-

16 risdiction of the department or agency and, to

17 the maximum extent practicable, resources

18 under the jurisdiction of other departments and

19 agencies that may be significantly affected by

20 decisions of the department or agency, to be-

21 come more resilient, adapt to, and withstand

22 the ongoing and expected impacts of climate

23 change, including, where applicable, ocean acidi-

24 fication, drought, flooding, and wildfire; and

25 (C) includes a timeline for implementation; 324

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (2) provide opportunities for public review and

2 comment on the adaptation plan, and in the case of

3 a plan by the Bureau of Indian Affairs, review by

4 Indian tribes; and

5 (3) submit the plan to the President for ap-

6 proval.

7 (b) REVIEW BY PRESIDENT AND SUBMISSION TO

8 CONGRESS.—

9 (1) REVIEW BY PRESIDENT.—The President

10 shall—

11 (A) approve an adaptation plan submitted

12 under subsection (a)(3) if the plan meets the

13 requirements of subsection (c) and is consistent

14 with the Strategy; and

15 (B) decide whether to approve the plan

16 within 60 days of submission.

17 (2) DISAPPROVAL.—If the President dis-

18 approves an adaptation plan, the President shall di-

19 rect the department or agency to submit a revised

20 plan within 60 days of that disapproval.

21 (3) SUBMISSION TO CONGRESS.—Not later than

22 30 days after the date of approval of an adaptation

23 plan by the President, the department or agency

24 shall submit the plan to— 325

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (A) the Committee on Natural Resources

2 of the House of Representatives;

3 (B) the Committee on Energy and Natural

4 Resources of the Senate;

5 (C) the Committee on Environment and

6 Public Works of the Senate; and

7 (D) any other committees of the House of

8 Representatives or the Senate with principal ju-

9 risdiction over the department or agency.

10 (c) REQUIREMENTS.—Each adaptation plan shall—

11 (1) establish programs for assessing the ongo-

12 ing and expected impacts of climate change, includ-

13 ing, where applicable, ocean acidification, drought,

14 flooding, and wildfire on natural resources under the

15 jurisdiction of the department or agency preparing

16 the plan, including—

17 (A) assessment of cumulative and syner-

18 gistic effects; and

19 (B) programs that identify and monitor

20 natural resources likely to be adversely affected

21 and that have need for conservation;

22 (2) identify and prioritize—

23 (A) the strategies of the department or

24 agency preparing the plan; 326

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (B) the specific conservation actions that

2 address the ongoing and expected impacts of

3 climate change, including, where applicable,

4 ocean acidification, drought, flooding, and wild-

5 fire on natural resources under jurisdiction of

6 the department or agency preparing the plan;

7 (C) strategies to protect, restore, and con-

8 serve such resources to become more resilient,

9 adapt to, and better withstand those impacts,

10 including—

11 (i) protection, restoration, and con-

12 servation of terrestrial, marine, estuarine,

13 and freshwater habitats and ecosystems;

14 (ii) establishment of terrestrial, ma-

15 rine, estuarine, and freshwater habitat

16 linkages and corridors;

17 (iii) restoration and conservation of

18 ecological processes;

19 (iv) protection of a broad diversity of

20 native species of fish, wildlife, and plant

21 populations across the ranges of those spe-

22 cies; and

23 (v) protection of fish, wildlife, and

24 plant health, recognizing that climate can 327

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 alter the distribution and ecology of

2 parasites, pathogens, and vectors;

3 (3) describe how the department or agency

4 will—

5 (A) integrate the strategies and conserva-

6 tion activities into plans, programs, activities,

7 and actions of the department or agency relat-

8 ing to the conservation and management of nat-

9 ural resources; and

10 (B) establish new plans, programs, activi-

11 ties, and actions, if necessary;

12 (4) establish methods—

13 (A) to assess the effectiveness of strategies

14 and conservation actions the department or

15 agency takes to protect, restore, and conserve

16 natural resources so natural resources become

17 more resilient, adapt to, and withstand the on-

18 going and expected impacts of climate change;

19 and

20 (B) to update those strategies and actions

21 to respond to new information and changing

22 conditions;

23 (5) describe current and proposed mechanisms

24 to enhance cooperation and coordination of natural

25 resources adaptation efforts with other Federal 328

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 agencies, State and local governments, Indian tribes,

2 and nongovernmental stakeholders;

3 (6) include written guidance to resource man-

4 agers that—

5 (A) explains how managers are expected to

6 address the ongoing and expected effects of cli-

7 mate change, including, where applicable, ocean

8 acidification, drought, flooding, and wildfire;

9 (B) identifies how managers shall obtain

10 any necessary site-specific information; and

11 (C) reflects best practices shared among

12 relevant agencies, but recognizes the unique

13 missions, objectives, and responsibilities of each

14 agency;

15 (7) identify and assess data and information

16 gaps necessary to develop natural resources adapta-

17 tion plans and strategies; and

18 (8) consider strategies that engage youth and

19 young adults (including youth and young adults

20 working in full-time or part-time youth service or

21 conservation corps programs) to provide the youth

22 and young adults with opportunities for meaningful

23 conservation and community service and to encour-

24 age opportunities for employment in the private sec-

25 tor through partnerships with employers. 329

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (d) IMPLEMENTATION.—

2 (1) IN GENERAL.—Upon approval by the Presi-

3 dent, each department or agency with representation

4 on the Panel shall, consistent with existing author-

5 ity, implement the adaptation plan of the depart-

6 ment or agency through existing and new plans,

7 policies, programs, activities, and actions.

8 (2) CONSIDERATION OF IMPACTS.—

9 (A) IN GENERAL.—To the maximum ex-

10 tent practicable and consistent with existing au-

11 thority, natural resource management decisions

12 made by the department or agency shall—

13 (i) consider the ongoing and expected

14 impacts of climate change, including,

15 where applicable, ocean acidification,

16 drought, flooding, nd wildfire on natural

17 resources; and

18 (ii) choose alternatives that will avoid

19 and minimize those impacts and promote

20 resilience.

21 (B) GUIDANCE.—The Council on Environ-

22 mental Quality shall provide guidance for Fed-

23 eral departments and agencies considering those

24 impacts and choosing alternatives that will 330

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 avoid and minimize those impacts and promote

2 resilience.

3 (e) REVISION AND REVIEW.—Not less than every 5

4 years, each department or agency shall review and revise

5 the adaptation plan of the department or agency to incor-

6 porate the best available science, and other information,

7 regarding the ongoing and expected impacts of climate

8 change on natural resources.

9 SEC. 369. STATE NATURAL RESOURCES ADAPTATION

10 PLANS.

11 (a) REQUIREMENT.—In order to be eligible for funds

12 under section 370, not later than 1 year after the develop-

13 ment of the Strategy, each State shall prepare a State nat-

14 ural resources adaptation plan detailing current and fu-

15 ture efforts of the State to address the ongoing and ex-

16 pected impacts of climate change on natural resources and

17 coastal areas within the jurisdiction of the State.

18 (b) REVIEW OR APPROVAL.—

19 (1) IN GENERAL.—The Secretary of the Inte-

20 rior and, as applicable, the Secretary of Commerce

21 shall review each State adaptation plan, and approve

22 the plan if the plan—

23 (A) meets the requirements of subsection

24 (c); and

25 (B) is consistent with the Strategy. 331

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (2) APPROVAL OR DISAPPROVAL.—The Sec-

2 retary of the Interior and, as applicable, the Sec-

3 retary of Commerce shall approve or disapprove the

4 plan by written notice not later than 180 days after

5 the date of submission of the plan (or a revised

6 plan).

7 (3) RESUBMISSION.—Not later than 90 days

8 after the date of resubmission of an adaptation plan

9 that has been disapproved under paragraph (2), the

10 Secretary of the Interior and, as applicable, the Sec-

11 retary of Commerce, shall approve or disapprove the

12 plan by written notice.

13 (c) CONTENTS.—A State natural resources adapta-

14 tion plan shall—

15 (1) include strategies for addressing the ongo-

16 ing and expected impacts of climate change, includ-

17 ing, where applicable, ocean acidification, drought,

18 flooding, and wildfire on terrestrial, marine, estua-

19 rine, and freshwater fish, wildlife, plants, habitats,

20 ecosystems, wildlife health, and ecological processes

21 that—

22 (A) describe the ongoing and expected im-

23 pacts of climate change, including, where appli-

24 cable, ocean acidification, drought, flooding,

25 and wildfire on the diversity and health of fish, 332

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 wildlife and plant populations, habitats, eco-

2 systems, and associated ecological processes;

3 (B) establish programs for monitoring the

4 ongoing and expected impacts of climate

5 change, including, where applicable, ocean acidi-

6 fication, drought, flooding, and wildfire on fish,

7 wildlife, and plant populations, habitats, eco-

8 systems, and associated ecological processes;

9 (C) describe and prioritize proposed con-

10 servation actions that increase the ability of

11 fish, wildlife, plant populations, habitats, eco-

12 systems, and associated ecological processes to

13 become more resilient, adapt to, and better

14 withstand those impacts;

15 (D) consider strategies that engage youth

16 and young adults (including youth and young

17 adults working in full-time or part-time youth

18 service or conservation corps programs) to pro-

19 vide the youth and young adults with opportu-

20 nities for meaningful conservation and commu-

21 nity service and to encourage opportunities for

22 employment in the private sector through part-

23 nerships with employers; 333

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (E) integrate protection and restoration of

2 resource resilience into agency decision making

3 and specific conservation actions;

4 (F) include a time frame for implementing

5 conservation actions for fish, wildlife, and plant

6 populations, habitats, ecosystems, and associ-

7 ated ecological processes;

8 (G) establish methods—

9 (i) for assessing the effectiveness of

10 strategies and conservation actions taken

11 to increase the ability of fish, wildlife, and

12 plant populations, habitats, ecosystems,

13 and associated ecological processes to be-

14 come more resilient, adapt to, and better

15 withstand the ongoing and expected im-

16 pacts of climate changes, including, where

17 applicable, ocean acidification, drought,

18 flooding, and wildfire; and

19 (ii) for updating strategies and ac-

20 tions to respond appropriately to new in-

21 formation or changing conditions;

22 (H) are incorporated into a revision of the

23 State wildlife action plan (also known as the

24 State comprehensive wildlife strategy) that has

25 been— 334

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (i) submitted to the United States

2 Fish and Wildlife Service; and

3 (ii) approved, or is pending approval,

4 by the United States Fish and Wildlife

5 Service; and

6 (I) are developed—

7 (i) with the participation of the State

8 fish and wildlife agency, the State coastal

9 agency, the State agency responsible for

10 administration of Land and Water Con-

11 servation Fund grants, the State Forest

12 Legacy program coordinator, and other

13 State agencies considered appropriate by

14 the Governor of the State;

15 (ii) in coordination with the Secretary

16 of the Interior, and where applicable, the

17 Secretary of Commerce; and

18 (iii) in coordination with other States

19 that share jurisdiction over natural re-

20 sources with the State; and

21 (2) in the case of a coastal State, include strat-

22 egies for addressing the ongoing and expected im-

23 pacts of climate change, including, where applicable,

24 ocean acidification, drought, flooding, and wildfire

25 on a coastal zone that— 335

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (A) identify natural resources likely to be

2 impacted by climate change, and describe the

3 impacts;

4 (B) identify and prioritize continuing re-

5 search and data collection needed to address

6 the impacts, including—

7 (i) acquisition of high-resolution

8 coastal elevation and nearshore bathymetry

9 data;

10 (ii) historic shoreline position maps,

11 erosion rates, and inventories of shoreline

12 features and structures;

13 (iii) measures and models of relative

14 rates of sea level rise or lake level changes,

15 including effects on flooding, storm surge,

16 inundation, and coastal geological proc-

17 esses;

18 (iv) measures and models of habitat

19 loss, including projected losses of coastal

20 wetlands and potentials for inland migra-

21 tion of natural shoreline habitats;

22 (v) measures and models of ocean and

23 coastal species and ecosystem migrations,

24 and changes in species population dynam-

25 ics; 336

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (vi) changes in storm frequency, in-

2 tensity, or rainfall patterns;

3 (vii) measures and models of saltwater

4 intrusion into coastal rivers and aquifers;

5 (viii) changes in chemical or physical

6 characteristics of marine and estuarine

7 systems, including the presence, extent,

8 and timing of hypoxic and anoxic condi-

9 tions;

10 (ix) measures and models of increased

11 harmful algal blooms; and

12 (x) measures and models of the

13 spread of invasive species;

14 (C) identify and prioritize adaptation strat-

15 egies to protect, restore, and conserve natural

16 resources to enable natural resources to become

17 more resilient, adapt to, and withstand the on-

18 going and expected impacts of climate change,

19 including, where applicable, ocean acidification,

20 drought, flooding, and wildfire, including—

21 (i) protection, maintenance, and res-

22 toration of ecologically important coastal

23 lands, coastal and ocean ecosystems, and

24 species biodiversity and the establishment 337

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 of habitat buffer zones, migration cor-

2 ridors, and climate refugia; and

3 (ii) improved planning, siting policies,

4 hazard mitigation strategies, and State

5 property insurance programs;

6 (D) establish programs—

7 (i) for the long-term monitoring of the

8 ongoing and expected impacts of climate

9 change, including, where applicable, ocean

10 acidification, drought, flooding, and wild-

11 fire on the ocean and coastal zone; and

12 (ii) assess and adjust, when necessary,

13 the adaptive management strategies;

14 (E) establish performance measures that—

15 (i) assess the effectiveness of adapta-

16 tion strategies intended to improve resil-

17 ience and the ability of natural resources

18 to adapt to and withstand the ongoing and

19 expected impacts of climate change, includ-

20 ing, where applicable, ocean acidification,

21 drought, flooding, and wildfire;

22 (ii) assess the effectiveness of adapta-

23 tion strategies intended to minimize those

24 impacts on the coastal zone; and 338

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (iii) update the strategies to respond

2 to new information or changing conditions;

3 and

4 (F) are developed—

5 (i) with the participation of the State

6 coastal agency and other appropriate State

7 agencies; and

8 (ii) in coordination with the Secretary

9 of Commerce and other appropriate Fed-

10 eral agencies.

11 (d) PUBLIC INPUT.—In developing the adaptation

12 plan, a State shall provide for solicitation and consider-

13 ation of public input and independent scientific input.

14 (e) COORDINATION WITH OTHER PLANS.—The State

15 adaptation plan shall review research and information

16 and, where appropriate, integrate the goals and measures

17 set forth in other natural resources conservation strate-

18 gies, including—

19 (1) the National Fish Habitat Action Plan;

20 (2) plans under the North American Wetlands

21 Conservation Act (16 U.S.C. 4401 et seq.);

22 (3) the Federal, State, and local partnership

23 known as ‘‘Partners in Flight’’; 339

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (4) federally approved coastal zone management

2 plans under the Coastal Zone Management Act of

3 1972 (16 U.S.C. 1451 et seq.);

4 (5) federally approved regional fishery manage-

5 ment plants and habitat conservation activities

6 under the Magnuson-Stevens Fishery Conservation

7 and Management Act (16 U.S.C. 1801 et seq.);

8 (6) the National Coral Reef Action Plan;

9 (7) recovery plans for threatened species and

10 endangered species under section 4(f) of the Endan-

11 gered Species Act of 1973 (16 U.S.C. 1533(f));

12 (8) habitat conservation plans under section 10

13 of that Act (16 U.S.C. 1539);

14 (9) other Federal, State, and tribal plans for

15 imperiled species;

16 (10) State or tribal hazard mitigation plans;

17 (11) State or tribal water management plans;

18 (12) State property insurance programs; and

19 (13) other State-based strategies that com-

20 prehensively implement adaptation activities to re-

21 mediate the ongoing and expected effects of climate

22 change, including, where applicable, ocean acidifica-

23 tion, drought, flooding, and wildfire, on terrestrial,

24 marine, and freshwater fish, wildlife, plants, and

25 other natural resources. 340

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (f) UPDATING.—Each State plan shall be updated at

2 least every 5 years.

3 (g) FUNDING.—

4 (1) IN GENERAL.—Funds allocated to States

5 under section 370 shall be used only for activities

6 consistent with a State natural resources adaptation

7 plan approved by the Secretary of the Interior and,

8 as appropriate, the Secretary of Commerce.

9 (2) FUNDING PRIOR TO THE APPROVAL OF A

10 STATE PLAN.—Until the earlier of the date that is

11 3 years after the date of enactment of this Act or

12 the date on which a State adaptation plan is ap-

13 proved, a State shall be eligible to receive funding

14 under section 370 for adaptation activities that

15 are—

16 (A) consistent with the comprehensive

17 wildlife strategy of the State and, where appro-

18 priate, other natural resources conservation

19 strategies; and

20 (B) in accordance with a work plan devel-

21 oped in coordination with—

22 (i) the Secretary of the Interior; and

23 (ii) the Secretary of Commerce.

24 (3) COASTAL STATE.—In developing a work

25 plan under paragraph (2)(B), a coastal State shall 341

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 coordinate with the Secretary of Commerce only for

2 those portions of the strategy relating to activities

3 affecting the coastal zone.

4 (4) PENDING APPROVAL.—During the period

5 for which approval by the applicable Secretary is

6 pending, the State may continue to receive funds

7 under section 370 pursuant to the work plan de-

8 scribed in paragraph (2)(B).

9 SEC. 370. NATURAL RESOURCES CLIMATE CHANGE ADAP-

10 TATION ACCOUNT.

11 (a) DISTRIBUTION OF AMOUNTS.—

12 (1) STATES.—Of the amounts made available

13 for each fiscal year to carry out this subpart, 38.5

14 percent shall be provided to States to carry out nat-

15 ural resources adaptation activities in accordance

16 with adaptation plans approved under section 369,

17 and shall be distributed as follows:

18 (A) 32.5 percent shall be available to State

19 wildlife agencies in accordance with the appor-

20 tionment formula established under the second

21 subsection (c) (relating to the apportionment of

22 the Wildlife Conservation and Restoration Ac-

23 count) of section 4 of the Pittman-Robertson

24 Wildlife Restoration Act (16 U.S.C. 669c); and 342

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (B) 6 percent shall be available to State

2 coastal agencies pursuant to the formula estab-

3 lished by the Secretary of Commerce under sec-

4 tion 306(c) of the Coastal Management Act of

5 1972 (16 U.S.C. 1455(c)).

6 (2) NATURAL RESOURCE ADAPTATION.—Of the

7 amounts made available for each fiscal year to carry

8 out this subpart—

9 (A) 17 percent shall be allocated to the

10 Secretary of the Interior for use in funding—

11 (i) natural resources adaptation activi-

12 ties carried out—

13 (I) under endangered species, mi-

14 gratory species, and other fish and

15 wildlife programs administered by the

16 National Park Service, the United

17 States Fish and Wildlife Service, the

18 Bureau of Indian Affairs, and the Bu-

19 reau of Land Management;

20 (II) on wildlife refuges, National

21 Park Service land, and other public

22 land under the jurisdiction of the

23 United States Fish and Wildlife Serv-

24 ice, the Bureau of Land Management, 343

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 the Bureau of Indian Affairs, or the

2 National Park Service; and

3 (III) within Federal water man-

4 aged by the Bureau of Reclamation

5 and the National Park Service; and

6 (ii) the implementation of the Na-

7 tional Fish and Wildlife Habitat and Cor-

8 ridors Information Program required by

9 section 371;

10 (B) 5 percent shall be allocated to the Sec-

11 retary of the Interior for natural resources ad-

12 aptation activities carried out under cooperative

13 grant programs, including—

14 (i) the cooperative endangered species

15 conservation fund authorized under section

16 6 of the Endangered Species Act of 1973

17 (16 U.S.C. 1535);

18 (ii) programs under the North Amer-

19 ican Wetlands Conservation Act (16

20 U.S.C. 4401 et seq.);

21 (iii) the Neotropical Migratory Bird

22 Conservation Fund established by section

23 9(a) of the Neotropical Migratory Bird

24 Conservation Act (16 U.S.C. 6108(a)); 344

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (iv) the Coastal Program of the

2 United States Fish and Wildlife Service;

3 (v) the National Fish Habitat Action

4 Plan;

5 (vi) the Partners for Fish and Wildlife

6 Program;

7 (vii) the Landowner Incentive Pro-

8 gram;

9 (viii) the Wildlife Without Borders

10 Program of the United States Fish and

11 Wildlife Service; and

12 (ix) the Migratory Species Program

13 and Park Flight Migratory Bird Program

14 of the National Park Service; and

15 (C) 3 percent shall be allocated to the Sec-

16 retary of the Interior to provide financial assist-

17 ance to Indian tribes to carry out natural re-

18 sources adaptation activities through the Tribal

19 Wildlife Grants Program of the United States

20 Fish and Wildlife Service.

21 (3) LAND AND WATER CONSERVATION.—

22 (A) DEPOSITS.—

23 (i) IN GENERAL.—Of the amounts

24 made available for each fiscal year to carry

25 out this subpart, 12 percent shall be de-345

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 posited in the Land and Water Conserva-

2 tion Fund established under section 2 of

3 the Land and Water Conservation Fund

4 Act of 1965 (16 U.S.C. 460l–5).

5 (ii) USE OF DEPOSITS.—Deposits in

6 the Land and Water Conservation Fund

7 under this paragraph shall—

8 (I) be supplemental to authoriza-

9 tions provided under section 3 of the

10 Land and Water Conservation Fund

11 Act of 1965 (16 U.S.C. 460l–6),

12 which shall remain available for non-

13 adaptation needs; and

14 (II) be available to carry out this

15 subpart without further appropriation

16 or fiscal year limitation.

17 (B) DISTRIBUTION OF AMOUNTS.—Of the

18 amounts deposited under this paragraph in the

19 Land and Water Conservation Fund—

20 (i) for the purposes of carrying out

21 the natural resources adaptation activities

22 through the acquisition of land and inter-

23 ests in land under section 6 of the Land

24 and Water Conservation Fund Act of 1965

(16 U.S.C. 460l–8),

1

25 ⁄6 shall be allocated 346

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 to the Secretary of the Interior and made

2 available on a competitive basis—

3 (I) to States, in accordance with

4 the natural resources adaptation plans

5 of States, and to Indian tribes;

6 (II) notwithstanding section 5 of

7 that Act (16 U.S.C. 460l–7); and

8 (III) in addition to any funds

9 provided pursuant to annual appro-

10 priations Acts, the Energy Policy Act

11 of 2005 (42 U.S.C. 15801 et seq.), or

12 any other authorization for non-

13 adaptation needs;

(ii)

1

14 ⁄3 shall be allocated to the Sec-

15 retary of the Interior to carry out natural

16 resources adaptation activities through the

17 acquisition of lands and interests in land

18 under section 7 of the Land and Water

19 Conservation Fund Act of 1965 (16 U.S.C.

20 460l–9);

(iii)

1

21 ⁄6 shall be allocated to the Sec-

22 retary of Agriculture and made available to

23 the States and Indian tribes to carry out

24 natural resources adaptation activities

25 through the acquisition of land and inter-347

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 ests in land under section 7 of the Cooper-

2 ative Forestry Assistance Act of 1978 (16

3 U.S.C. 2103c); and

(iv)

1

4 ⁄3 shall be allocated to the Sec-

5 retary of Agriculture to carry out natural

6 resources adaptation activities through the

7 acquisition of land and interests in land

8 under section 7 of the Land and Water

9 Conservation Fund Act of 1965 (16 U.S.C.

10 460l–9).

11 (C) EXPENDITURE OF FUNDS.—In allo-

12 cating funds under subparagraph (B), the Sec-

13 retary of the Interior and the Secretary of Agri-

14 culture shall take into consideration factors in-

15 cluding—

16 (i) the availability of non-Federal con-

17 tributions from State, local, or private

18 sources;

19 (ii) opportunities to protect fish and

20 wildlife corridors or otherwise to link or

21 consolidate fragmented habitats;

22 (iii) opportunities to reduce the risk of

23 catastrophic wildfires, drought, extreme

24 flooding, or other climate-related events 348

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 that are harmful to fish and wildlife and

2 people; and

3 (iv) the potential for conservation of

4 species or habitat types at serious risk due

5 to climate change, including, where appli-

6 cable, ocean acidification, drought, flood-

7 ing, and wildfire, or other stressors.

8 (4) NATIONAL FOREST AND GRASSLAND ADAP-

9 TATION.—Of the amounts made available for each

10 fiscal year to carry out this subpart, 5 percent shall

11 be allocated to the Forest Service, through the Sec-

12 retary of Agriculture—

13 (A) to fund natural resources adaptation

14 activities carried out in national forests and na-

15 tional grasslands under the jurisdiction of the

16 Forest Service; and

17 (B) to carry out natural resource adapta-

18 tion activities on State and private forest land

19 carried out under the Cooperative Forestry As-

20 sistance Act of 1978 (16 U.S.C. 2101 et seq.).

21 (5) COASTAL AND MARINE SYSTEM ADAPTA-

22 TION.—Of the amounts made available for each fis-

23 cal year to carry out this subpart, 7 percent shall be

24 allocated to the Secretary of Commerce to fund nat-

25 ural resources adaptation activities that protect, 349

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 maintain, and restore coastal, estuarine, and marine

2 resources, habitats, and ecosystems, including such

3 activities carried out under—

4 (A) the coastal and estuarine land con-

5 servation program administered by the National

6 Oceanic and Atmospheric Administration;

7 (B) the community-based restoration pro-

8 gram for fishery and coastal habitats estab-

9 lished under section 117 of the Magnuson-Ste-

10 vens Fishery Conservation and Management

11 Reauthorization Act of 2006 (16 U.S.C.

12 1891a);

13 (C) the Coastal Zone Management Act of

14 1972 (16 U.S.C. 1451 et seq.) that are specifi-

15 cally designed to strengthen the ability of coast-

16 al, estuarine, and marine resources, habitats,

17 and ecosystems to adapt to and withstand the

18 ongoing and expected impacts of climate

19 change, including, where applicable, ocean acidi-

20 fication, drought, flooding, and wildfire;

21 (D) the Open Rivers Initiative;

22 (E) the Magnuson-Stevens Fishery Con-

23 servation and Management Act (16 U.S.C.

24 1801 et seq.); 350

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (F) the Marine Mammal Protection Act of

2 1972 (16 U.S.C. 1361 et seq.);

3 (G) the Endangered Species Act of 1973

4 (16 U.S.C. 1531 et seq.);

5 (H) the Marine Protection, Research, and

6 Sanctuaries Act of 1972 (33 U.S.C. 1401 et

7 seq.);

8 (I) the Coral Reef Conservation Act of

9 2000 (16 U.S.C. 6401 et seq.); and

10 (J) the Estuary Restoration Act of 2000

11 (33 U.S.C. 2901 et seq.).

12 (6) ESTUARINE AND FRESHWATER ECOSYSTEM

13 ADAPTATION.—Of the amounts made available for

14 each fiscal year to carry out this subpart, 7.5 per-

15 cent shall be allocated to the Administrator of the

16 Environmental Protection Agency and 5 percent

17 shall be available to the Secretary of the Army for

18 use by the Corps of Engineers for use in natural re-

19 sources adaptation activities restoring and pro-

20 tecting—

21 (A) large-scale freshwater aquatic eco-

22 systems, such as the Everglades, the Great

23 Lakes, Flathead Lake, the Missouri River, the

24 Mississippi River, the Colorado River, the Sac-

25 ramento-San Joaquin Rivers, the Ohio River, 351

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 the Columbia-Snake River System, the Apa-

2 lachicola, Chattahoochee, and Flint River Sys-

3 tem, the Connecticut River, and the Yellowstone

4 River;

5 (B) large-scale estuarine ecosystems, such

6 as Chesapeake Bay, Long Island Sound, Puget

7 Sound, the Mississippi River Delta, the San

8 Francisco Bay Delta, Narragansett Bay, and

9 Albemarle-Pamlico Sound;

10 (C) freshwater and estuarine ecosystems,

11 watersheds, and basins identified and

12 prioritized by the Administrator of the Environ-

13 mental Protection Agency or the Corps of Engi-

14 neers, working in cooperation with other Fed-

15 eral agencies, States, tribal governments, local

16 governments, scientists, and other conservation

17 partners; and

18 (D)(i) habitats and ecosystems through es-

19 tuary habitat restoration projects authorized by

20 the Estuary Restoration Act of 2000 (33

21 U.S.C. 2901 et seq.);

22 (ii) project modifications for improvement

23 of the environment;

24 (iii) aquatic restoration and protection

25 projects authorized by section 206 of the Water 352

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 Resources Development Act of 1996 (33 U.S.C.

2 2330); and

3 (iv) other appropriate programs and activi-

4 ties.

5 (b) USE OF FUNDS BY FEDERAL DEPARTMENTS AND

6 AGENCIES.—Funds allocated to Federal departments and

7 agencies under this section shall only be used for natural

8 resources adaptation activities consistent with an adapta-

9 tion plan approved under section 368.

10 (c) STATE COST-SHARING.—Notwithstanding any

11 other provision of law, a State that receives a grant under

12 this section shall use funds from non-Federal sources to

13 pay 10 percent of the costs of each activity carried out

14 under the grant.

15 SEC. 371. NATIONAL FISH AND WILDLIFE HABITAT AND

16 CORRIDORS INFORMATION PROGRAM.

17 (a) DEFINITIONS.—In this section:

18 (1) GEOSPATIAL INTEROPERABILITY FRAME-

19 WORK.—The term ‘‘Geospatial Interoperability

20 Framework’’ means the strategy used by the Na-

21 tional Biological Information Infrastructure (based

22 on accepted standards, specifications, and protocols

23 adopted through the International Standards Orga-

24 nization, the Open Geospatial Consortium, and the

25 Federal Geographic Data Committee) to manage, ar-353

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 chive, integrate, analyze, and make geospatial and

2 biological data and metadata accessible.

3 (2) PROGRAM.—The term ‘‘Program’’ means

4 the National Fish and Wildlife Habitat and Cor-

5 ridors Information Program established under sub-

6 section (b).

7 (3) SECRETARY.—The term ‘‘Secretary’’ means

8 the Secretary of the Interior.

9 (4) SYSTEM.—The term ‘‘System’’ means the

10 Habitat and Corridors Information System estab-

11 lished under subsection (d)(1).

12 (b) ESTABLISHMENT.—Not later than 180 days after

13 the date of enactment of this Act, the Secretary, in co-

14 operation with the States and Indian tribes, shall establish

15 a National Fish and Wildlife Habitat and Corridors Infor-

16 mation Program.

17 (c) PURPOSE.—The purposes of the Program are—

18 (1) to support States and Indian tribes in devel-

19 oping geographical information system databases of

20 fish and wildlife habitats and corridors that—

21 (A) inform planning and development deci-

22 sions within each State;

23 (B) enable each State to model climate im-

24 pacts and adaptation; and 354

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (C) provide geographically specific en-

2 hancements of State wildlife action plans;

3 (2) to ensure the collaborative development of a

4 comprehensive national geographic information sys-

5 tem database of maps, models, data, surveys, infor-

6 mational products, and other geospatial information

7 regarding fish and wildlife habitat and corridors

8 that—

9 (A) is based on consistent protocols for

10 sampling and mapping across landscapes;

11 (B) takes into account regional differences;

12 and

13 (C) uses—

14 (i) existing and planned State- and

15 tribal-based geographical information sys-

16 tem databases; and

17 (ii) existing databases, analytical

18 tools, metadata activities, and other infor-

19 mation products available through the Na-

20 tional Biological Information Infrastruc-

21 ture maintained by the Secretary and non-

22 governmental organizations; and

23 (3) to facilitate the use of those databases by

24 Federal, State, local, and tribal decisionmakers to

25 incorporate qualitative information on fish and wild-355

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 life habitats and corridors at the earliest practicable

2 stage for use in—

3 (A) prioritizing and targeting natural re-

4 sources adaptation strategies and activities;

5 (B) avoiding, minimizing, and mitigating

6 the impacts on fish and wildlife habitat and cor-

7 ridors when locating energy development, water,

8 transmission, transportation, and other land

9 use projects;

10 (C) assessing the impacts of existing devel-

11 opment on habitats and corridors; and

12 (D) developing management strategies that

13 enhance the ability of fish, wildlife, and plant

14 species to migrate or respond to shifting habi-

15 tats within existing habitats and corridors.

16 (d) HABITAT AND CORRIDORS INFORMATION SYS-

17 TEM.—

18 (1) IN GENERAL.—The Secretary, in coopera-

19 tion with States and Indian tribes, shall establish a

20 Habitat and Corridors Information System.

21 (2) CONTENTS.—The System shall—

22 (A) include maps, data, and descriptions of

23 fish and wildlife habitat and corridors that—

24 (i) have been developed by Federal

25 agencies, State wildlife agencies, and nat-356

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 ural heritage programs, Indian tribes, local

2 governments, nongovernmental organiza-

3 tions, and industry; and

4 (ii) meet accepted geospatial inter-

5 operability framework data and metadata

6 protocols and standards;

7 (B) include maps and descriptions of pro-

8 jected shifts in habitats and corridors of fish

9 and wildlife species in response to climate

10 change;

11 (C) ensure data quality;

12 (D) at scales useful to decisionmakers,

13 make data, models, and analyses included in

14 the System available—

15 (i) to prioritize and target natural re-

16 sources adaptation strategies and activi-

17 ties;

18 (ii) to assess the impacts of existing

19 development on habitats and corridors;

20 (iii) to assess the impacts of proposed

21 energy development, water, transmission,

22 transportation, and other land use projects

23 and to avoid, minimize, or mitigate those

24 impacts on habitats and corridors; and 357

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (iv) to develop management strategies

2 that enhance the ability of fish, wildlife,

3 and plant species to migrate or respond to

4 shifting habitats within existing habitats

5 and corridors;

6 (E) update maps and other information as

7 landscapes, habitats, corridors, and wildlife pop-

8 ulations change, or as new information becomes

9 available;

10 (F) encourage development of collaborative

11 plans by Federal and State agencies and Indian

12 tribes that monitor and evaluate the ability of

13 the System to meet the needs of decision-

14 makers;

15 (G) identify gaps in habitat and corridor

16 information, mapping, and research needed to

17 fully assess current data and metadata;

18 (H) prioritize research and future data col-

19 lection activities for use in updating the System

20 and provide support for those activities;

21 (I) include mechanisms to support collabo-

22 rative research, mapping, and planning of habi-

23 tats and corridors by Federal and State agen-

24 cies, Indian tribes, and other interested stake-

25 holders; 358

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (J) incorporate biological and geospatial

2 data on species and corridors found in energy

3 development and transmission plans, including

4 renewable energy initiatives, transportation, and

5 other land use plans;

6 (K) identify, prioritize, and describe key

7 parcels of non-Federal land that—

8 (i) are located within units of the Na-

9 tional Park System, National Wildlife Ref-

10 uge System, National Forest System, or

11 National Grassland System; and

12 (ii) are critical to maintenance of

13 wildlife habitat and migration corridors;

14 and

15 (L) be based on the best scientific informa-

16 tion available.

17 (e) FINANCIAL AND OTHER SUPPORT.—The Sec-

18 retary may provide support to the States and Indian

19 tribes, including financial and technical assistance, for ac-

20 tivities that support the development and implementation

21 of the System.

22 (f) COORDINATION.—In cooperation with States and

23 Indian tribes, the Secretary shall recommend how the in-

24 formation in the System may be incorporated into relevant 359

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 State and Federal plans that affect fish and wildlife, in-

2 cluding—

3 (1) land management plans;

4 (2) the State Comprehensive Wildlife Conserva-

5 tion Strategies; and

6 (3) appropriate tribal conservation plans.

7 (g) PURPOSE OF INCORPORATION.—The Secretary

8 shall make the recommendations required by subsection

9 (f) to ensure that relevant State and Federal plans that

10 affect fish and wildlife—

11 (1) prevent unnecessary habitat fragmentation

12 and disruption of corridors;

13 (2) promote the landscape connectivity nec-

14 essary to allow wildlife to move as necessary to meet

15 biological needs, adjust to shifts in habitat, and

16 adapt to climate change; and

17 (3) minimize the impacts of energy, develop-

18 ment, water, transportation, and transmission

19 projects and other activities expected to impact habi-

20 tat and corridors.

21 SEC. 372. ADDITIONAL PROVISIONS REGARDING INDIAN

22 TRIBES.

23 (a) FEDERAL TRUST RESPONSIBILITY.—Nothing in

24 this subpart amends, alters, or gives priority over the Fed-

25 eral trust responsibility to any Indian tribe. 360

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (b) EXEMPTION FROM FOIA.—If a Federal depart-

2 ment or agency receives any information relating to sacred

3 sites or cultural activities identified by an Indian tribe as

4 confidential, such information shall be exempt from disclo-

5 sure under section 552 of title 5, United States Code

6 (commonly referred to as the Freedom of Information

7 Act).

8 (c) APPLICATION OF OTHER LAW.—The Secretary of

9 the Interior may apply the provisions of the Indian Self-

10 Determination and Education Assistance Act (25 U.S.C.

11 450 et seq.) in the implementation of this subpart.

12 Subpart D—Additional Climate Change Adaptation

13 Programs

14 SEC. 381. WATER SYSTEM MITIGATION AND ADAPTION

15 PARTNERSHIPS.

16 (a) DEFINITIONS.—In this section:

17 (1) OWNER OR OPERATOR.—

18 (A) IN GENERAL.—The term ‘‘owner or

19 operator’’ means a person (including a regional,

20 local, municipal, or private entity) that owns or

21 operates a water system.

22 (B) INCLUSION.—The term ‘‘owner or op-

23 erator’’ includes— 361

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (i) a non-Federal entity that has oper-

2 ational responsibilities for a federally or

3 State owned water system; and

4 (ii) an entity formed pursuant to any

5 State’s joint exercise of powers statutes

6 that includes one or more of the entities in

7 paragraph (A).

8 (2) WATER SYSTEM.—The term ‘‘water sys-

9 tem’’ means—

10 (A) a community water system (as defined

11 in section 1401 of the Safe Drinking Water Act

12 (42 U.S.C. 300f));

13 (B) a treatment works (as defined in sec-

14 tion 212 of the Federal Water Pollution Control

15 Act (33 U.S.C. 1292)), including a municipal

16 separate storm sewer system;

17 (C) a decentralized wastewater treatment

18 system for domestic sewage;

19 (D) a groundwater storage and replenish-

20 ment system; or

21 (E) a system for transport and delivery of

22 water for irrigation or conservation.

23 (b) ESTABLISHMENT.—The Administrator shall es-

24 tablish a water system mitigation and adaptation partner-362

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 ship program to provide funds to States for water system

2 adaptation projects.

3 (c) GRANTS.—Beginning in fiscal year 2010, each

4 State receiving funds pursuant to this section shall make

5 grants to owners or operators of water systems to address

6 any ongoing or forecasted (based on the best available re-

7 search and data) climate-related impact on the water qual-

8 ity, water supply or reliability of a region of the United

9 States, for the purposes of mitigating or adapting to the

10 impacts of climate change.

11 (d) ELIGIBLE USES.—The funds made available to

12 each State pursuant to this section shall be used exclu-

13 sively to assist in the planning, design, construction, im-

14 plementation, or operation or maintenance of any program

15 or project to respond or increase the resilience of a water

16 system to climate change by—

17 (1) conserving water or enhancing water use ef-

18 ficiency, including through the use of water metering

19 and electronic sensing and control systems to meas-

20 ure the effectiveness of a water efficiency program;

21 (2) modifying or relocating existing water sys-

22 tem infrastructure made or projected to be signifi-

23 cantly impaired by climate change impacts;

24 (3) preserving or improving water quality, in-

25 cluding through measures to manage, reduce, treat, 363

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 or reuse municipal stormwater, wastewater, or

2 drinking water;

3 (4) investigating, designing, or constructing

4 groundwater remediation, recycled water, or desali-

5 nation facilities or systems to serve existing commu-

6 nities;

7 (5) enhancing water management by increasing

8 watershed preservation and protection, such as

9 through the use of natural or engineered green in-

10 frastructure in the management, conveyance, or

11 treatment of water, wastewater, or stormwater;

12 (6) enhancing energy efficiency or the use and

13 generation of renewable energy in the management,

14 conveyance, or treatment of water, wastewater, or

15 stormwater;

16 (7) supporting the adoption and use of ad-

17 vanced water treatment, water supply management

18 (such as reservoir reoperation and water banking),

19 or water demand management technologies, projects,

20 or processes (such as water reuse and recycling,

21 adaptive conservation pricing, and groundwater

22 banking) that maintain or increase water supply or

23 improve water quality;

24 (8) modifying or replacing existing systems or

25 constructing new systems for existing communities 364

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 or land currently in agricultural production to im-

2 prove water supply, reliability, storage, or convey-

3 ance in a manner that—

4 (A) promotes conservation or improves the

5 efficiency of utilization of available water sup-

6 plies; and

7 (B) does not further exacerbate stresses on

8 ecosystems or cause redirected impacts by de-

9 grading water quality or increasing net green-

10 house gas emissions;

11 (9) supporting practices and projects, such as

12 improved irrigation systems, water banking and

13 other forms of water transactions, groundwater re-

14 charge, stormwater capture, groundwater conjunc-

15 tive use, and reuse or recycling of drainage water,

16 to improve water quality or promote more efficient

17 water use on land currently in agricultural produc-

18 tion; or

19 (10) conducting and completing studies or as-

20 sessments to project how climate change may impact

21 the future operations and sustainability of water sys-

22 tems.

23 (e) APPLICATION.—To be eligible to receive a grant

24 from the State under this section, the owner or operator 365

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 of a water system shall submit to the State an application

2 that—

3 (1) includes a proposal of the program, strat-

4 egy, or infrastructure improvement to be planned,

5 designed, constructed, implemented, or maintained

6 by the water system;

7 (2) cites the best available research or data that

8 demonstrate—

9 (A) the risk to the water resources or in-

10 frastructure of the water system as a result of

11 ongoing or forecasted changes to the

12 hydrological system brought about by factors

13 arising from climate change, including rising

14 sea levels and changes in precipitation levels;

15 and

16 (B) how the proposed program, strategy,

17 or infrastructure improvement would perform

18 under the anticipated climate conditions; and

19 (3) explains how the proposed program, strat-

20 egy, or infrastructure improvement is expected to

21 enhance the resiliency of the water system, including

22 source water protection for community water sys-

23 tems, to these risks or reduce the direct or indirect

24 greenhouse gas emissions of the water system.

25 (f) COMPETITIVE PROCESS.— 366

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (1) IN GENERAL.—Each calendar year, each

2 State shall conduct a competitive process to select

3 and fund applications under this section.

4 (2) PRIORITY REQUIREMENTS AND

5 WEIGHTING.—In carrying out the process, the

6 States shall—

7 (A) prioritize funding of applications that

8 are submitted by the owners or operators of

9 water systems that are, based on the best avail-

10 able research and data, at the greatest and

11 most immediate risk of facing significant cli-

12 mate-related negative impacts on water quality

13 or quantity; and

14 (B) in selecting among the priority applica-

15 tions determined under subparagraph (A), en-

16 sure that, to the maximum extent practicable,

17 the final list of applications funded for each

18 year includes a substantial number meeting one

19 or more of each of the following goals—

20 (i) promote more efficient water use,

21 water conservation, water reuse, or recy-

22 cling;

23 (ii) use decentralized, low-impact de-

24 velopment technologies and nonstructural

25 approaches, including practices that use, 367

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 enhance, or mimic the natural hydrological

2 cycle or protect natural flows;

3 (iii) reduce stormwater runoff by pro-

4 tecting or enhancing natural ecosystem

5 functions;

6 (iv) modify, upgrade, enhance, or re-

7 place existing water system infrastructure

8 in response to ongoing or forecasted cli-

9 mate-related impacts;

10 (v) promote the sustainability and re-

11 liability of water supplies used for agricul-

12 tural purposes;

13 (vi) improve water quality or quantity

14 for agricultural and municipal uses, includ-

15 ing through salinity reduction; and

16 (vii) provide multiple benefits, includ-

17 ing to water supply enhancement or de-

18 mand reduction, water quality protection

19 or improvement, increased flood protection,

20 and ecosystem protection or improvement;

21 and

22 (C) provide for solicitation and consider-

23 ation of public input in the development of cri-

24 teria used in evaluating applications.

25 (g) COST-SHARING.— 368

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (1) FEDERAL SHARE.—The share of the cost of

2 any program, strategy, or infrastructure improve-

3 ment that is the subject of a grant awarded by a

4 State to the owner or operator of a water system

5 under subsection (c) paid through funds distributed

6 under this section shall not exceed 50 percent of the

7 cost of the program, strategy, and infrastructure im-

8 provement.

9 (2) CALCULATION OF NON-FEDERAL SHARE.—

10 In calculating the non-Federal share of the cost of

11 a program, strategy, or infrastructure improvement

12 proposed by a water system through an application

13 submitted by the water system under subsection (e),

14 the State shall—

15 (A) include the value of any in-kind serv-

16 ices that are integral to the completion of the

17 program, strategy, or infrastructure improve-

18 ment, including reasonable administrative and

19 overhead costs; and

20 (B) not include any other amount that the

21 water system receives from a Federal agency.

22 (h) LABOR STANDARDS.—

23 (1) IN GENERAL.—Other than with respect to

24 employees of State and local agencies, or other pub-

25 lic entities, all laborers and mechanics employed on 369

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 infrastructure improvements funded directly by or

2 assisted in whole or in part by this section shall be

3 paid wages at rates not less than those prevailing for

4 the same type of work on similar construction in the

5 immediate locality, as determined by the Secretary

6 of Labor in accordance with subchapter IV of chap-

7 ter 31 of part A of subtitle II of title 40, United

8 States Code.

9 (2) AUTHORITY AND FUNCTIONS.—With re-

10 spect to the labor standards in this subsection, the

11 Secretary of Labor shall have the authority and

12 functions set forth in Reorganization Plan Num-

13 bered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.)

14 and section 3145 of title 40, United States Code.

15 SEC. 382. FLOOD CONTROL, PROTECTION, PREVENTION,

16 AND RESPONSE.

17 (a) ESTABLISHMENT.—The Administrator shall es-

18 tablish a Flood Control, Protection, Prevention and Re-

19 sponse Program to provide funds to States for flood con-

20 trol, protection, prevention and response projects.

21 (b) ELIGIBLE USES.—

22 (1) IN GENERAL.—States receiving funding

23 pursuant to this section may use such funding on

24 flood control, protection, prevention and response

25 programs and projects addressing the projected im-370

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 pacts of climate change in accordance with this sec-

2 tion.

3 (2) OBJECTIVES.—Such projects and activities

4 shall seek to mitigate or adapt to the destructive im-

5 pacts of climate related increases in the duration,

6 frequency, or magnitude of rainfall or runoff, includ-

7 ing snowmelt runoff, as well as hurricanes, including

8 projects and programs that—

9 (A) reduce flood damage, risk, and vulner-

10 ability;

11 (B) identify, maintain and restore eco-

12 systems and natural barriers integral to flood

13 control, protection, prevention and response;

14 (C) update the available data, technologies,

15 and scientific knowledge used in estimating,

16 identifying and mitigating flood hazards;

17 (D) highlight, update and remediate

18 vulnerabilities in emergency response;

19 (E) incorporate risk analysis and a risk-re-

20 duction approach to flood-related investments;

21 (F) incorporate and identify changes in

22 risk due to processes such as land loss, subsid-

23 ence, sea-level rise, reduced natural buffers,

24 urban development and infrastructure aging;

25 and 371

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (G) identify and incorporate innovative ap-

2 proaches to land use management, water re-

3 source planning, and ecosystem restoration.

4 (3) PRIORITY.—Priority in projects to reduce

5 flood events shall be given to those projects that di-

6 rectly assist local governments and communities in

7 flood control, protection, prevention and response ac-

8 tivities.

9 SEC. 383. WILDFIRE.

10 (a) FINDINGS.—Congress finds that—

11 (1) since 1980, wildfires in the United States

12 have burned almost twice as many acres per year on

13 average than the average burned acreage during the

14 period beginning on January 1, 1920, and ending on

15 December 31, 1979;

16 (2) the wildfire season in the western United

17 States has increased by an average of 78 days dur-

18 ing the 30-year period preceding the date of enact-

19 ment of this Act;

20 (3) researchers predict that the area subject to

21 wildfire damage will increase during the 21st cen-

22 tury by up to 118 percent as a result of climate

23 change; 372

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (4) of the annual budget of the Forest Service,

2 the Forest Service used for wildfire suppression ac-

3 tivities—

4 (A) 13 percent in 1991; and

5 (B) 45 percent in 2007; and

6 (5) 1 percent of the largest escaped fires—

7 (A) burn 95 percent of all burned acres;

8 and

9 (B) consume 85 percent of all wildfire

10 fighting costs.

11 (b) PURPOSE.—The purpose of this section is to au-

12 thorize a program to reduce the risk of wildfires in fire-

13 ready communities.

14 (c) DEFINITIONS.—In this section:

15 (1) FIRE-READY COMMUNITY.—The term ‘‘fire-

16 ready community’’ means a community that—

17 (A) is located within a priority area identi-

18 fied pursuant to subsection (d);

19 (B) has a cooperative fire agreement that

20 articulates the roles and responsibilities for

21 Federal, State and local government entities in

22 local wildfire suppression and protection;

23 (C) has local codes that require fire-resist-

24 ant home design and building materials; 373

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (D) has a community wildfire protection

2 plan (as defined in section 101 of the Healthy

3 Forests Restoration Act of 2003 (16 U.S.C.

4 6502)); and

5 (E) is engaged in a successful collaborative

6 process that includes multiple interested per-

7 sons representing diverse interests and is trans-

8 parent and nonexclusive, such as a resource ad-

9 visory committee established under section 205

10 of the Secure Rural Schools and Community

11 Self-Determination Act of 2000 (Public Law

12 106-393; 16 U.S.C. 500 note).

13 (2) SECRETARIES.—The term ‘‘Secretaries’’

14 means the Secretary of Agriculture and the Sec-

15 retary of the Interior.

16 (d) FIRE RISK MAPPING.—As soon as is practicable

17 after the date of the enactment of this Act, the Secretaries

18 shall develop regional maps of communities most at risk

19 of wildfire and in need of hazardous fuel treatment and

20 maintenance. The maps shall identify priority areas for

21 hazardous fuels reduction projects, including—

22 (1) at-risk communities in fire-prone areas of

23 the wildland-urban interface (as defined in section

24 101 of the Healthy Forests Restoration Act of 2003

25 (16 U.S.C. 6502)); 374

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (2) watersheds and municipal drinking water

2 sources;

3 (3) emergency evacuation corridors;

4 (4) electricity transmission corridors;

5 (5) low-capacity or low-income communities;

6 and

7 (6) communities in fire-prone areas due to the

8 impact of pest infestation on forest resources.

9 (e) LOCAL WILDLAND FIREFIGHTING CAPABILITY

10 GRANTS.—

11 (1) GRANTS AVAILABLE.—The Secretaries may

12 provide cost-share grants to fire-ready communities

13 to assist such communities in carrying out activities

14 authorized by paragraph (2).

15 (2) ELIGIBLE ACTIVITIES.—Grant funds may

16 be used for the following:

17 (A) Education programs to raise aware-

18 ness of homeowners and citizens about wildland

19 fire protection practices, including FireWise or

20 similar programs.

21 (B) Training programs for local fire-

22 fighters on wildland firefighting techniques and

23 approaches.

24 (C) Equipment acquisition to facilitate

25 wildland fire preparedness. 375

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (D) Implementation of a community wild-

2 fire protection plan.

3 (E) Forest restoration that accomplishes

4 fuels reduction

5 (f) WILDLAND FIRE COST-SHARE AGREEMENTS.—In

6 developing any wildland fire cost-share agreement with a

7 State Forester or equivalent official, the Secretaries shall,

8 to the maximum extent practicable, encourage the State

9 and local communities involved to become fire-ready com-

10 munities.

11 SEC. 384. COASTAL AND GREAT LAKES STATE ADAPTATION

12 PROGRAM.

13 (a) FINDINGS.—According to the National Ocean Ec-

14 onomics Program, coastal and Great Lakes States account

15 for 81.4 percent of the population of the United States

16 and generate 83 percent of the economic output of the

17 United States.

18 (b) DEFINITIONS.—In this section:

19 (1) COASTAL STATE.—The term ‘‘coastal

20 State’’ has the meaning given the term ‘‘coastal

21 state’’ in section 304 of the Coastal Zone Manage-

22 ment Act of 1972 (16 U.S.C. 1453).

23 (2) COASTAL WATERSHED.—The term ‘‘coastal

24 watershed’’ means a geographical area drained into

25 or contributing water to an estuarine area, an ocean, 376

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 or a Great Lake, all or a portion of which is within

2 the coastal zone (as defined in section 304 of the

3 Coastal Zone Management Act of 1972 (16 U.S.C.

4 1453)).

5 (3) SHORELINE MILES.—The term ‘‘shoreline

6 miles’’, with respect to a coastal State, means the

7 mileage of tidal shoreline or Great Lake shoreline of

8 the coastal State, based on the most recently avail-

9 able data from or accepted by the National Ocean

10 Service of the National Oceanic and Atmospheric

11 Administration.

12 (c) DISTRIBUTION.—

13 (1) IN GENERAL.—The Administrator shall dis-

14 tribute, in accordance with this section, funding for

15 coastal State economic protection under subsection.

16 (2) ALLOCATION.—The funding available for al-

17 location under subsection (b) for a calendar year

18 shall be distributed among coastal States, as follows:

19 (A) 25 percent based on the proportion

20 that—

21 (i) the number of shoreline miles of a

22 coastal State; bears to

23 (ii) the total number of shoreline

24 miles of all coastal States. 377

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (B) 25 percent based on the proportion

2 that—

3 (i) the population of a coastal State;

4 bears to

5 (ii) the total population of all coastal

6 States.

7 (C) 50 percent divided equally among all

8 coastal States.

9 (d) USE OF FUNDING.—

10 (1) IN GENERAL.—During any calendar year, a

11 coastal State receiving funding under this section

12 may use the funding only for projects and activities

13 to plan for and address the impacts of climate

14 change in the coastal watershed, including—

15 (A) to address the impacts of climate

16 change with respect to—

17 (i) accelerated sea level rise and lake

18 level changes;

19 (ii) shoreline erosion;

20 (iii) increased storm frequency or in-

21 tensity;

22 (iv) changes in rainfall or other pre-

23 cipitation; and

24 (v) related flooding; 378

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (B) to identify and develop plans to pro-

2 tect, or, as necessary or applicable, to relocate

3 public facilities and infrastructure, coastal re-

4 sources of national significance, public energy

5 facilities, or other public water uses located in

6 the coastal watershed that are affected by cli-

7 mate change, including strategies that use nat-

8 ural resources, such as natural buffer zones,

9 natural shorelines, and habitat protection or

10 restoration;

11 (C) to research and collect data using, or

12 on matters such as—

13 (i) historical shoreline position maps;

14 (ii) historical shoreline erosion rates;

15 (iii) inventories of shoreline features

16 and conditions;

17 (iv) acquisition of high-resolution to-

18 pography and bathymetry;

19 (v) sea level rise inundation models;

20 (vi) storm surge sea level rise linked

21 inundation models;

22 (vii) shoreline change modeling based

23 on sea level rise projections;

24 (viii) sea level rise vulnerability anal-

25 yses and socioeconomic studies; and 379

O:\DEC\DEC09673.xml [file 4 of 5] S.L.C.

1 (ix) environmental and habitat

2 changes associated with sea level rise; and

3 (D) to respond to—

4 (i) changes in chemical characteristics

5 (including ocean acidification) and physical

6 characteristics (including thermal strati-

7 fication) of marine systems;

8 (ii) saltwater intrusion into ground-

9 water aquifers;

10 (iii) increased harmful algae blooms;

11 (iv) spread of invasive species;

12 (v) coastal habitat loss;

13 (vi) species migrations; and

14 (vii) marine, estuarine, and freshwater

15 ecosystem changes associated with climate

16 change.

17 (2) EXECUTION.—Priority to plan and carry

18 out projects and activities under this subsection shall

19 be given to State coastal agencies, as determined in

20 accordance with State law.

21 (3) COORDINATION.—In carrying out this sub-

22 section, a coastal State shall coordinate with other

23 statewide climate change efforts in order to avoid

24 duplication of such efforts. 380

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 (e) REPORT.—Not later than 1 year after the date

2 on which a State receives funds under this section, and

3 biennially thereafter until such time as the funding is fully

4 expended, the State shall submit to the Administrator, or

5 the heads of such other Federal agencies as the President

6 may designate, a report that—

7 (1) provides a full accounting for the State’s

8 use of funding distributed under this section, includ-

9 ing a description of the projects and activities fund-

10 ed; and

11 (2) may be independent or included within any

12 report required for any State programs for green-

13 house gas reduction and climate adaptation.

14 DIVISION B—POLLUTION

15 REDUCTION AND INVESTMENT

16 TITLE I—REDUCING GLOBAL

17 WARMING POLLUTION

18 Subtitle A—Reducing Global

19 Warming Pollution

20 SEC. 101. REDUCING GLOBAL WARMING POLLUTION.

21 The Clean Air Act is amended by adding after title

22 VI (42 U.S.C. 7671 et seq.) the following: 381

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘TITLE VII—GLOBAL WARMING

2 POLLUTION REDUCTION AND

3 INVESTMENT PROGRAM

4 ‘‘PART A—GLOBAL WARMING POLLUTION

5 REDUCTION GOALS AND TARGETS

6 ‘‘SEC. 701. FINDINGS.

7 ‘‘Congress finds that—

8 ‘‘(1) global warming poses a significant threat

9 to the national security, economy, public health and

10 welfare, and environment of the United States, as

11 well as of other countries;

12 ‘‘(2) reviews of scientific studies, including by

13 the Intergovernmental Panel on Climate Change and

14 the National Academy of Sciences, demonstrate that

15 global warming is the result of the combined anthro-

16 pogenic greenhouse gas emissions from numerous

17 sources of all types and sizes;

18 ‘‘(3) each increment of emission, when com-

19 bined with other emissions, causes or contributes

20 materially to the acceleration and extent of global

21 warming and its adverse effects for the lifetime of

22 such gas in the atmosphere;

23 ‘‘(4) accordingly, controlling emissions in small

24 as well as large quantities is essential to prevent, 382

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 slow the pace of, reduce the threats from, and miti-

2 gate global warming and its adverse effects;

3 ‘‘(5) because they induce global warming,

4 greenhouse gas emissions cause or contribute to in-

5 juries to persons in the United States, including—

6 ‘‘(A) adverse health effects, such as disease

7 and loss of life;

8 ‘‘(B) displacement of human populations;

9 ‘‘(C) damage to property and other inter-

10 ests relating to ocean levels, acidification, and

11 ice changes;

12 ‘‘(D) severe weather and seasonal changes;

13 ‘‘(E) disruption, costs, and losses to busi-

14 ness, trade, employment, farms, subsistence,

15 aesthetic enjoyment of the environment, recre-

16 ation, culture, and tourism;

17 ‘‘(F) damage to plants, forests, lands, and

18 waters;

19 ‘‘(G) harm to wildlife and habitat;

20 ‘‘(H) scarcity of water and the decreased

21 abundance of other natural resources;

22 ‘‘(I) worsening of tropospheric air pollu-

23 tion;

24 ‘‘(J) substantial threats of similar damage;

25 and 383

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘(K) other harm;

2 ‘‘(6) the fact that many of those effects and

3 risks of future effects of global warming are widely

4 shared does not minimize the adverse effects indi-

5 vidual persons have suffered, will suffer, and are at

6 risk of suffering because of global warming;

7 ‘‘(7) the fact that some of the adverse and po-

8 tentially catastrophic effects of global warming are

9 at risk of occurring and not a certainty does not ne-

10 gate the harm persons suffer from actions that in-

11 crease the likelihood, extent, and severity of such fu-

12 ture impacts;

13 ‘‘(8) countries of the world look to the United

14 States for leadership in addressing the threat of and

15 harm from global warming;

16 ‘‘(9) full implementation of this title is critical

17 to engage other countries in an international effort

18 to mitigate the threat of and harm from global

19 warming; and

20 ‘‘(10) global warming and its adverse effects

21 are occurring and are likely to continue and increase

22 in magnitude, and to do so at a greater and more

23 harmful rate, unless the this title is fully imple-

24 mented and enforced in an expeditious manner. 384

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘SEC. 702. ECONOMYWIDE REDUCTION GOALS.

2 ‘‘The goals of this title, and the Clean Energy Jobs

3 and American Power Act (and the amendments made by

4 that Act), are to reduce steadily the quantity of United

5 States greenhouse gas emissions such that—

6 ‘‘(1) in 2012, the quantity of United States

7 greenhouse gas emissions does not exceed 97 percent

8 of the quantity of United States greenhouse gas

9 emissions in 2005;

10 ‘‘(2) in 2020, the quantity of United States

11 greenhouse gas emissions does not exceed 80 percent

12 of the quantity of United States greenhouse gas

13 emissions in 2005;

14 ‘‘(3) in 2030, the quantity of United States

15 greenhouse gas emissions does not exceed 58 percent

16 of the quantity of United States greenhouse gas

17 emissions in 2005; and

18 ‘‘(4) in 2050, the quantity of United States

19 greenhouse gas emissions does not exceed 17 percent

20 of the quantity of United States greenhouse gas

21 emissions in 2005.

22 ‘‘SEC. 703. REDUCTION TARGETS FOR SPECIFIED SOURCES.

23 ‘‘(a) IN GENERAL.—The regulations issued under

24 section 721 shall limit and reduce annually the greenhouse

25 gas emissions of capped sources each calendar year begin-

26 ning in 2012 such that— 385

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘(1) in 2012, the quantity of greenhouse gas

2 emissions from capped sources does not exceed 97

3 percent of the quantity of greenhouse gas emissions

4 from such sources in 2005;

5 ‘‘(2) in 2020, the quantity of greenhouse gas

6 emissions from capped sources does not exceed 80

7 percent of the quantity of greenhouse gas emissions

8 from such sources in 2005;

9 ‘‘(3) in 2030, the quantity of greenhouse gas

10 emissions from capped sources does not exceed 58

11 percent of the quantity of greenhouse gas emissions

12 from such sources in 2005; and

13 ‘‘(4) in 2050, the quantity of greenhouse gas

14 emissions from capped sources does not exceed 17

15 percent of the quantity of greenhouse gas emissions

16 from such sources in 2005.

17 ‘‘(b) DEFINITION OF GREENHOUSE GAS EMISSIONS

18 FROM SUCH SOURCES IN 2005.—For purposes of this sec-

19 tion, the term ‘greenhouse gas emissions from such

20 sources in 2005’ means emissions to which section 722

21 would have applied if the requirements of this title for the

22 specified year had been in effect for 2005.

23 ‘‘SEC. 704. SUPPLEMENTAL POLLUTION REDUCTIONS.

24 ‘‘For the purposes of decreasing the likelihood of cat-

25 astrophic climate change, preserving tropical forests, 386

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 building capacity to generate offset credits, and facili-

2 tating international action on global warming, the Admin-

3 istrator shall set aside a percentage specified in section

4 771(d) of the quantity of emission allowances established

5 under section 721(a) for each year, to be used to achieve

6 a reduction of greenhouse gas emissions from deforest-

7 ation in developing countries in accordance with part E.

8 In 2020, activities supported under part E shall provide

9 greenhouse gas reductions in an amount equal to an addi-

10 tional 10 percentage points of reductions from United

11 States greenhouse gas emissions in 2005. The Adminis-

12 trator shall distribute these allowances with respect to ac-

13 tivities in countries that enter into and implement agree-

14 ments or arrangements relating to reduced deforestation

15 as described in section 753(a)(2).

16 ‘‘SEC. 705. REVIEW AND PROGRAM RECOMMENDATIONS.

17 ‘‘(a) IN GENERAL.—The Administrator shall, in con-

18 sultation with appropriate Federal agencies, submit to

19 Congress a report not later than July 1, 2013, and every

20 4 years thereafter, that includes—

21 ‘‘(1) an analysis of key findings based on up-

22 to-date scientific information and data relevant to

23 global climate change;

24 ‘‘(2) an analysis of capabilities to monitor and

25 verify greenhouse gas reductions on a worldwide 387

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 basis, including for the United States, as required

2 under the Clean Energy Jobs and American Power

3 Act (and the amendments made by that Act); and

4 ‘‘(3) an analysis of the status of worldwide

5 greenhouse gas reduction efforts, including imple-

6 mentation of the Clean Energy Jobs and American

7 Power Act and other policies, both domestic and

8 international, for reducing greenhouse gas emissions,

9 preventing dangerous atmospheric concentrations of

10 greenhouse gases, preventing significant irreversible

11 consequences of climate change, and reducing vul-

12 nerability to the impacts of climate change.

13 ‘‘(b) EXCEPTION.—Subsection (a)(3) shall not apply

14 to the first report submitted under subsection (a).

15 ‘‘(c) LATEST SCIENTIFIC INFORMATION.—The anal-

16 ysis required under subsection (a)(1) shall—

17 ‘‘(1) address existing scientific information and

18 reports, considering, to the greatest extent possible,

19 the most recent assessment report of the Intergov-

20 ernmental Panel on Climate Change, reports by the

21 United States Global Change Research Program, the

22 Natural Resources Climate Change Adaptation

23 Panel established under section 365 of the Clean

24 Energy Jobs and American Power Act, and Federal 388

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 agencies, and the European Union’s global tempera-

2 ture data assessment;

3 ‘‘(2) review trends and projections for—

4 ‘‘(A) global and country-specific annual

5 emissions of greenhouse gases, and cumulative

6 greenhouse gas emissions produced between

7 1850 and the present, including—

8 ‘‘(i) global cumulative emissions of an-

9 thropogenic greenhouse gases;

10 ‘‘(ii) global annual emissions of an-

11 thropogenic greenhouse gases; and

12 ‘‘(iii) by country, annual total, annual

13 per capita, and cumulative anthropogenic

14 emissions of greenhouse gases for the top

15 50 emitting nations;

16 ‘‘(B) significant changes, both globally and

17 by region, in annual net non-anthropogenic

18 greenhouse gas emissions from natural sources,

19 including permafrost, forests, or oceans;

20 ‘‘(C) global atmospheric concentrations of

21 greenhouse gases, expressed in annual con-

22 centration units as well as carbon dioxide

23 equivalents based on 100-year global warming

24 potentials; 389

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘(D) major climate forcing factors, such as

2 aerosols;

3 ‘‘(E) global average temperature, expressed

4 as seasonal and annual averages in land, ocean,

5 and land-plus-ocean averages; and

6 ‘‘(F) sea level rise;

7 ‘‘(3) assess the current and potential impacts of

8 global climate change on—

9 ‘‘(A) human populations, including impacts

10 on public health, economic livelihoods, subsist-

11 ence, tribal culture, human infrastructure, and

12 displacement or permanent relocation due to

13 flooding, severe weather, extended drought, ero-

14 sion, or other ecosystem changes;

15 ‘‘(B) freshwater systems, including water

16 resources for human consumption and agri-

17 culture and natural and managed ecosystems,

18 flood and drought risks, and relative humidity;

19 ‘‘(C) the carbon cycle, including impacts

20 related to the thawing of permafrost, the fre-

21 quency and intensity of wildfire, and terrestrial

22 and ocean carbon sinks;

23 ‘‘(D) ecosystems and animal and plant

24 populations, including impacts on species abun-

25 dance, phenology, and distribution; 390

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘(E) oceans and ocean ecosystems, includ-

2 ing effects on sea level, ocean acidity, ocean

3 temperatures, coral reefs, ocean circulation,

4 fisheries, and other indicators of ocean eco-

5 system health;

6 ‘‘(F) the cryosphere, including effects on

7 ice sheet mass balance, mountain glacier mass

8 balance, and sea-ice extent and volume;

9 ‘‘(G) changes in the intensity, frequency,

10 or distribution of severe weather events, includ-

11 ing precipitation, tropical cyclones, tornadoes,

12 and severe heat waves;

13 ‘‘(H) agriculture and forest systems; and

14 ‘‘(I) any other indicators the Administrator

15 deems appropriate;

16 ‘‘(4) summarize any significant socioeconomic

17 impacts of climate change in the United States, in-

18 cluding the territories of the United States, drawing

19 on work by Federal agencies and the academic lit-

20 erature, including impacts on—

21 ‘‘(A) public health;

22 ‘‘(B) economic livelihoods, subsistence, and

23 tribal culture; 391

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘(C) displacement or permanent relocation

2 due to flooding, severe weather, extended

3 drought, or other ecosystem changes;

4 ‘‘(D) human infrastructure, including

5 coastal infrastructure vulnerability to extreme

6 events and sea level rise, river floodplain infra-

7 structure, and sewer and water management

8 systems;

9 ‘‘(E) agriculture and forests, including ef-

10 fects on potential growing season, distribution,

11 and yield;

12 ‘‘(F) water resources for human consump-

13 tion, agriculture and natural and managed eco-

14 systems, flood and drought risks, and relative

15 humidity;

16 ‘‘(G) energy supply and use; and

17 ‘‘(H) transportation;

18 ‘‘(5) in assessing risks and impacts, use a risk

19 management framework, including both qualitative

20 and quantitative measures, to assess the observed

21 and projected impacts of current and future climate

22 change, accounting for—

23 ‘‘(A) both monetized and non-monetized

24 losses; 392

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘(B) potential nonlinear, abrupt, or essen-

2 tially irreversible changes in the climate system;

3 ‘‘(C) potential nonlinear increases in the

4 cost of impacts;

5 ‘‘(D) potential low-probability, high impact

6 events; and

7 ‘‘(E) whether impacts are transitory or es-

8 sentially permanent; and

9 ‘‘(6) based on the findings of the Administrator

10 under this section, as well as assessments produced

11 by the Intergovernmental Panel on Climate Change,

12 the United States Global Change Research program,

13 and other relevant scientific entities—

14 ‘‘(A) describe increased risks to natural

15 systems and society that would result from an

16 increase in global average temperature 3.6 de-

17 grees Fahrenheit (2 degrees Celsius) above the

18 pre-industrial average or an increase in atmos-

19 pheric greenhouse gas concentrations above 450

20 parts per million carbon dioxide equivalent; and

21 ‘‘(B) identify and assess—

22 ‘‘(i) significant residual risks not

23 avoided by the thresholds described in sub-

24 paragraph (A); 393

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘(ii) alternative thresholds or targets

2 that may more effectively limit the risks

3 identified pursuant to clause (i); and

4 ‘‘(iii) thresholds above those described

5 in subparagraph (A) which significantly in-

6 crease the risk of certain impacts or render

7 them essentially permanent.

8 ‘‘(d) STATUS OF MONITORING AND VERIFICATION

9 CAPABILITIES TO EVALUATE GREENHOUSE GAS REDUC-

10 TION EFFORTS.—The analysis required under subsection

11 (a)(2) shall evaluate the capabilities of the monitoring, re-

12 porting, and verification systems used to quantify progress

13 in achieving reductions in greenhouse gas emissions both

14 globally and in the United States (as described in section

15 702), including—

16 ‘‘(1) quantification of emissions and emission

17 reductions by entities participating in the pollution

18 reduction and investment program under this title;

19 ‘‘(2) quantification of emissions and emission

20 reductions by entities participating in the offset pro-

21 gram under this title;

22 ‘‘(3) quantification of emission and emission re-

23 ductions by entities regulated by performance stand-

24 ards; 394

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘(4) quantification of aggregate net emissions

2 and emission reductions by the United States; and

3 ‘‘(5) quantification of global changes in net

4 emissions and in sources and sinks of greenhouse

5 gases.

6 ‘‘(e) STATUS OF GREENHOUSE GAS REDUCTION EF-

7 FORTS.—The analysis required under subsection (a)(3)

8 shall address—

9 ‘‘(1) whether the programs under the Clean En-

10 ergy Jobs and American Power Act (and the amend-

11 ments made by that Act) and other Federal statutes

12 are resulting in sufficient United States greenhouse

13 gas emission reductions to meet the emissions reduc-

14 tion goals described in section 702, taking into ac-

15 count the use of offsets; and

16 ‘‘(2) whether United States actions, taking into

17 account international actions, commitments, and

18 trends, and considering the range of plausible emis-

19 sions scenarios, are sufficient to avoid—

20 ‘‘(A) atmospheric greenhouse gas con-

21 centrations above 450 parts per million carbon

22 dioxide equivalent;

23 ‘‘(B) global average surface temperature

24 3.6 degrees Fahrenheit (2 degrees Celsius)

25 above the pre-industrial average, or such other 395

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 temperature thresholds as the Administrator

2 deems appropriate; and

3 ‘‘(C) other temperature or greenhouse gas

4 thresholds identified pursuant to subsection

5 (c)(6)(B).

6 ‘‘(f) RECOMMENDATIONS.—

7 ‘‘(1) LATEST SCIENTIFIC INFORMATION.—

8 Based on the analysis described in subsection (a)(1),

9 each report under subsection (a) shall identify ac-

10 tions that could be taken to—

11 ‘‘(A) improve the characterization of

12 changes in the earth-climate system and im-

13 pacts of global climate change;

14 ‘‘(B) better inform decision making and

15 actions related to global climate change;

16 ‘‘(C) mitigate risks to natural and social

17 systems; and

18 ‘‘(D) design policies to better account for

19 climate risks.

20 ‘‘(2) MONITORING,  REPORTING AND

21 VERIFICATION.—Based on the analysis described in

22 subsection (a)(2), each report under subsection (a)

23 shall identify key gaps in measurement, reporting,

24 and verification capabilities and make recommenda-396

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 tions to improve the accuracy and reliability of those

2 capabilities.

3 ‘‘(3) STATUS OF GREENHOUSE GAS REDUCTION

4 EFFORTS.—Based on the analysis described in sub-

5 section (a)(3), taking into account international ac-

6 tions, commitments, and trends, and considering the

7 range of plausible emissions scenarios, each report

8 under subsection (a) shall identify—

9 ‘‘(A) the quantity of additional reductions

10 required to meet the emissions reduction goals

11 in section 702;

12 ‘‘(B) the quantity of additional reductions

13 in global greenhouse gas emissions needed to

14 avoid the concentration and temperature

15 thresholds identified in subsection (e); and

16 ‘‘(C) possible strategies and approaches for

17 achieving additional reductions.

18 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

19 are authorized to be appropriated to carry out this section

20 such sums as may be necessary.

21 ‘‘SEC. 706. NATIONAL ACADEMY REVIEW.

22 ‘‘(a) IN GENERAL.—Not later than 1 year after the

23 date of enactment of this title, the Administrator shall

24 offer to enter into a contract with the National Academy

25 of Sciences (in this section referred to as the ‘Academy’) 397

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 under which the Academy shall, not later than July 1,

2 2014, and every 4 years thereafter, submit to Congress

3 and the Administrator a report that includes—

4 ‘‘(1) a review of the most recent report and rec-

5 ommendations issued under section 705; and

6 ‘‘(2) an analysis of technologies to achieve re-

7 ductions in greenhouse gas emissions.

8 ‘‘(b) FAILURE TO ISSUE A REPORT.—In the event

9 that the Administrator has not issued all or part of the

10 most recent report required under section 705, the Acad-

11 emy shall conduct its own review and analysis of the re-

12 quired information.

13 ‘‘(c) TECHNOLOGICAL INFORMATION.—The analysis

14 required under subsection (a)(2) shall—

15 ‘‘(1) review existing technological information

16 and reports, including the most recent reports by the

17 Department of Energy, the United States Global

18 Change Research Program, the Intergovernmental

19 Panel on Climate Change, and the International En-

20 ergy Agency and any other relevant information on

21 technologies or practices that reduce or limit green-

22 house gas emissions;

23 ‘‘(2) include the participation of technical ex-

24 perts from relevant private industry sectors; 398

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘(3) review the current and future projected de-

2 ployment of technologies and practices in the United

3 States that reduce or limit greenhouse gas emis-

4 sions, including—

5 ‘‘(A) technologies for capture and seques-

6 tration of greenhouse gases;

7 ‘‘(B) technologies to improve energy effi-

8 ciency;

9 ‘‘(C) low- or zero-greenhouse gas emitting

10 energy technologies;

11 ‘‘(D) low- or zero-greenhouse gas emitting

12 fuels;

13 ‘‘(E) biological sequestration practices and

14 technologies; and

15 ‘‘(F) any other technologies the Academy

16 deems relevant; and

17 ‘‘(4) review and compare the emissions reduc-

18 tion potential, commercial viability, market penetra-

19 tion, investment trends, and deployment of the tech-

20 nologies described in paragraph (3), including—

21 ‘‘(A) the need for additional research and

22 development, including publicly funded research

23 and development;

24 ‘‘(B) the extent of commercial deployment,

25 including, where appropriate, a comparison to 399

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 the cost and level of deployment of conventional

2 fossil fuel-fired energy technologies and devices;

3 and

4 ‘‘(C) an evaluation of any substantial tech-

5 nological, legal, or market-based barriers to

6 commercial deployment.

7 ‘‘(d) RECOMMENDATIONS.—

8 ‘‘(1) LATEST SCIENTIFIC INFORMATION.—

9 Based on the review described in subsection (a)(1),

10 the Academy shall identify actions that could be

11 taken to—

12 ‘‘(A) improve the characterization of

13 changes in the earth-climate system and im-

14 pacts of global climate change;

15 ‘‘(B) better inform decision making and

16 actions related to global climate change;

17 ‘‘(C) mitigate risks to natural and social

18 systems;

19 ‘‘(D) design policies to better account for

20 climate risks; and

21 ‘‘(E) improve the accuracy and reliability

22 of capabilities to monitor, report, and verify

23 greenhouse gas emissions reduction efforts. 400

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘(2) TECHNOLOGICAL INFORMATION.—Based

2 on the analysis described in subsection (a)(2), the

3 Academy shall identify—

4 ‘‘(A) additional emission reductions that

5 may be possible as a result of technologies de-

6 scribed in the analysis;

7 ‘‘(B) barriers to the deployment of such

8 technologies; and

9 ‘‘(C) actions that could be taken to speed

10 deployment of such technologies.

11 ‘‘(3) STATUS OF GREENHOUSE GAS REDUCTION

12 EFFORTS.—Based on the review described in sub-

13 section (a)(1), the Academy shall identify—

14 ‘‘(A) the quantity of additional reductions

15 required to meet the emissions reduction goals

16 described in section 702; and

17 ‘‘(B) the quantity of additional reductions

18 in global greenhouse gas emissions needed to

19 avoid the concentration and temperature

20 thresholds described in section 705(c)(6)(A) or

21 identified pursuant to section 705(c)(6)(B).

22 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized to be appropriated to carry out this section

24 such sums as may be necessary. 401

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘SEC. 707. PRESIDENTIAL RESPONSE AND RECOMMENDA-

2 TIONS.

3 ‘‘Not later than July 1, 2015, and every 4 years

4 thereafter—

5 ‘‘(1) the President shall direct relevant Federal

6 agencies to use existing statutory authority to take

7 appropriate actions identified in the reports sub-

8 mitted under sections 705 and 706 and to address

9 any shortfalls identified in such reports; and

10 ‘‘(2) in the event that the National Academy of

11 Sciences has concluded, in the most recent report

12 submitted under section 706, that the United States

13 will not achieve the necessary domestic greenhouse

14 gas emission reductions, or that global actions will

15 not maintain safe global average surface tempera-

16 ture and atmospheric greenhouse gas concentration

17 thresholds, the President shall submit to Congress a

18 plan identifying domestic and international actions

19 that will achieve necessary additional greenhouse gas

20 reductions, including any recommendations for legis-

21 lative action.

22 ‘‘PART B—DESIGNATION AND REGISTRATION OF

23 GREENHOUSE GASES

24 ‘‘SEC. 711. DESIGNATION OF GREENHOUSE GASES.

25 ‘‘(a) GREENHOUSE GASES.—For purposes of this

26 title, the following are greenhouse gases: 402

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘(1) Carbon dioxide.

2 ‘‘(2) Methane.

3 ‘‘(3) Nitrous oxide.

4 ‘‘(4) Sulfur hexafluoride.

5 ‘‘(5) Hydrofluorocarbons from a chemical man-

6 ufacturing process at an industrial stationary

7 source.

8 ‘‘(6) Any perfluorocarbon, except as otherwise

9 provided in section 714.

10 ‘‘(7) Nitrogen trifluoride.

11 ‘‘(8) Any other anthropogenic gas designated as

12 a greenhouse gas by the Administrator under this

13 section.

14 ‘‘(b) DETERMINATION ON ADMINISTRATOR’S INITIA-

15 TIVE.—The Administrator shall, by rule—

16 ‘‘(1) determine whether 1 metric ton of another

17 anthropogenic gas makes the same or greater con-

18 tribution to global warming over 100 years as 1 met-

19 ric ton of carbon dioxide;

20 ‘‘(2) determine the carbon dioxide equivalent

21 value for each gas with respect to which the Admin-

22 istrator makes an affirmative determination under

23 paragraph (1);

24 ‘‘(3) for each gas with respect to which the Ad-

25 ministrator makes an affirmative determination 403

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 under paragraph (1) and that is used as a substitute

2 for a class I or class II substance under title VI, de-

3 termine the extent to which to regulate that gas

4 under section 619 and specify appropriate compli-

5 ance obligations under section 619;

6 ‘‘(4) designate as a greenhouse gas for purposes

7 of this title each gas for which the Administrator

8 makes an affirmative determination under para-

9 graph (1), to the extent that it is not regulated

10 under section 619; and

11 ‘‘(5) specify the appropriate compliance obliga-

12 tions under this title for each gas designated as a

13 greenhouse gas under paragraph (4).

14 ‘‘(c) PETITIONS TO DESIGNATE A GREENHOUSE

15 GAS.—

16 ‘‘(1) IN GENERAL.—Any person may petition

17 the Administrator to designate as a greenhouse gas

18 any anthropogenic gas 1 metric ton of which makes

19 the same or greater contribution to global warming

20 over 100 years as 1 metric ton of carbon dioxide.

21 ‘‘(2) CONTENTS OF PETITION.—The petitioner

22 shall provide sufficient data, as specified by rule by

23 the Administrator, to demonstrate that the gas is

24 likely to be a greenhouse gas and is likely to be pro-

25 duced, imported, used, or emitted in the United 404

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 States. To the extent practicable, the petitioner shall

2 also identify producers, importers, distributors,

3 users, and emitters of the gas in the United States.

4 ‘‘(3) REVIEW AND ACTION BY THE ADMINIS-

5 TRATOR.—Not later than 90 days after receipt of a

6 petition under paragraph (2), the Administrator

7 shall determine whether the petition is complete and

8 notify the petitioner and the public of the decision.

9 ‘‘(4) ADDITIONAL INFORMATION.—The Admin-

10 istrator may require producers, importers, distribu-

11 tors, users, or emitters of the gas to provide infor-

12 mation on the contribution of the gas to global

13 warming over 100 years compared to carbon dioxide.

14 ‘‘(5) TREATMENT OF PETITION.—For any sub-

15 stance used as a substitute for a class I or class II

16 substance under title VI, the Administrator may

17 elect to treat a petition under this subsection as a

18 petition to list the substance as a class II, group II

19 substance under section 619, and may require the

20 petition to be amended to address listing criteria

21 promulgated under that section.

22 ‘‘(6) DETERMINATION.—Not later than 2 years

23 after receipt of a complete petition, the Adminis-

24 trator shall, after notice and an opportunity for com-

25 ment— 405

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘(A) issue and publish in the Federal Reg-

2 ister—

3 ‘‘(i) a determination that 1 metric ton

4 of the gas does not make a contribution to

5 global warming over 100 years that is

6 equal to or greater than that made by 1

7 metric ton of carbon dioxide; and

8 ‘‘(ii) an explanation of the decision; or

9 ‘‘(B) determine that 1 metric ton of the

10 gas makes a contribution to global warming

11 over 100 years that is equal to or greater than

12 that made by 1 metric ton of carbon dioxide,

13 and take the actions described in subsection (b)

14 with respect to such gas.

15 ‘‘(7) GROUNDS FOR DENIAL.—The Adminis-

16 trator may not deny a petition under this subsection

17 solely on the basis of inadequate Environmental Pro-

18 tection Agency resources or time for review.

19 ‘‘(d) SCIENCE ADVISORY BOARD CONSULTATION.—

20 ‘‘(1) CONSULTATION.—The Administrator

21 shall—

22 ‘‘(A) give notice to the Science Advisory

23 Board prior to making a determination under

24 subsection (b)(1), (c)(6), or (e)(2)(B); 406

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘(B) consider the written recommendations

2 of the Science Advisory Board under paragraph

3 (2) regarding the determination; and

4 ‘‘(C) consult with the Science Advisory

5 Board regarding such determination, including

6 consultation subsequent to receipt of such writ-

7 ten recommendations.

8 ‘‘(2) FORMULATION OF RECOMMENDATIONS.—

9 Upon receipt of notice under paragraph (1)(A) re-

10 garding a pending determination under subsection

11 (b)(1), (c)(6), or (e)(2)(B), the Science Advisory

12 Board shall—

13 ‘‘(A) formulate recommendations regarding

14 such determination, subject to a peer review

15 process; and

16 ‘‘(B) submit such recommendations in

17 writing to the Administrator.

18 ‘‘(e) MANUFACTURING AND EMISSION NOTICES.—

19 ‘‘(1) NOTICE REQUIREMENT.—

20 ‘‘(A) IN GENERAL.—Except as otherwise

21 provided in section 714, effective 24 months

22 after the date of enactment of this title, no per-

23 son may manufacture or introduce into inter-

24 state commerce a fluorinated gas, or emit a sig-

25 nificant quantity, as determined by the Admin-407

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 istrator, of any fluorinated gas that is gen-

2 erated as a byproduct during the production or

3 use of another fluorinated gas, unless—

4 ‘‘(i) the gas is designated as a green-

5 house gas under this section or is an

6 ozone-depleting substance listed as a class

7 I or class II substance under title VI;

8 ‘‘(ii) the Administrator has deter-

9 mined that 1 metric ton of such gas does

10 not make a contribution to global warming

11 that is equal to or greater than that made

12 by 1 metric ton of carbon dioxide; or

13 ‘‘(iii) the person manufacturing or im-

14 porting the gas for distribution into inter-

15 state commerce, or emitting the gas, has

16 submitted to the Administrator, at least 90

17 days before the start of such manufacture,

18 introduction into commerce, or emission, a

19 notice of such person’s manufacture, intro-

20 duction into commerce, or emission of such

21 gas, and the Administrator has not deter-

22 mined that notice or a substantially similar

23 notice is incomplete.

24 ‘‘(B) ALTERNATIVE COMPLIANCE.—For a

25 gas that is a substitute for a class I or class II 408

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 substance under title VI and either has been

2 listed as acceptable for use under section 612

3 or is currently subject to evaluation under sec-

4 tion 612, the Administrator may accept the no-

5 tice and information provided pursuant to that

6 section as fulfilling the obligation under clause

7 (iii) of subparagraph (A).

8 ‘‘(2) REVIEW AND ACTION BY THE ADMINIS-

9 TRATOR.—

10 ‘‘(A) COMPLETENESS.—Not later than 90

11 days after receipt of notice under paragraph

12 (1)(A)(iii) or (B), the Administrator shall deter-

13 mine whether the notice is complete.

14 ‘‘(B) DETERMINATION.—If the Adminis-

15 trator determines that the notice is complete,

16 the Administrator shall, after notice and an op-

17 portunity for comment, not later than 12

18 months after receipt of the notice—

19 ‘‘(i) issue and publish in the Federal

20 Register a determination that 1 metric ton

21 of the gas does not make a contribution to

22 global warming over 100 years that is

23 equal to or greater than that made by 1

24 metric ton of carbon dioxide and an expla-

25 nation of the decision; or 409

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘(ii) determine that 1 metric ton of

2 the gas makes a contribution to global

3 warming over 100 years that is equal to or

4 greater than that made by 1 metric ton of

5 carbon dioxide, and take the actions de-

6 scribed in subsection (b) with respect to

7 such gas.

8 ‘‘(f) REGULATIONS.—Not later than one year after

9 the date of enactment of this title, the Administrator shall

10 promulgate regulations to carry out this section. Such reg-

11 ulations shall include—

12 ‘‘(1) requirements for the contents of a petition

13 submitted under subsection (c);

14 ‘‘(2) requirements for the contents of a notice

15 required under subsection (e); and

16 ‘‘(3) methods and standards for evaluating the

17 carbon dioxide equivalent value of a gas.

18 ‘‘(g) GASES REGULATED UNDER TITLE VI.—The

19 Administrator shall not designate a gas as a greenhouse

20 gas under this section to the extent that the gas is regu-

21 lated under title VI.

22 ‘‘(h) SAVINGS CLAUSE.—Nothing in this section shall

23 be interpreted to relieve any person from complying with

24 the requirements of section 612. 410

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘SEC. 712. CARBON DIOXIDE EQUIVALENT VALUE OF

2 GREENHOUSE GASES.

3 ‘‘(a) MEASURE OF QUANTITY OF GREENHOUSE

4 GASES.—Any provision of this title or title VIII that refers

5 to a quantity or percentage of a quantity of greenhouse

6 gases shall mean the quantity or percentage of the green-

7 house gases expressed in carbon dioxide equivalents.

8 ‘‘(b) INITIAL VALUE.—Except as provided by the Ad-

9 ministrator under this section or section 711—

10 ‘‘(1) the carbon dioxide equivalent value of

11 greenhouse gases for purposes of this Act shall be as

12 follows:

‘‘ CARBON DIOXIDE EQUIVALENT OF 1 TON OF LISTED

GREENHOUSE GASES

Greenhouse gas (1 metric ton)

Carbon dioxide equivalent

(metric tons)

Carbon dioxide 1

Methane 25

Nitrous oxide 298

HFC-23 14,800

HFC-125 3,500

HFC-134a 1,430

HFC-143a 4,470

HFC-152a 124

HFC-227ea 3,220

HFC-236fa 9,810

HFC-4310mee 1,640

CF4 7,390 411

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

‘‘ CARBON DIOXIDE EQUIVALENT OF 1 TON OF LISTED

GREENHOUSE GASES—Continued

Greenhouse gas (1 metric ton)

Carbon dioxide equivalent

(metric tons)

C2F6 12,200

C4F10 8,860

C6F14 9,300

SF6 22,800

NF3 17,200

1 ; and

2 ‘‘(2) the carbon dioxide equivalent value for

3 purposes of this Act for any greenhouse gas not list-

4 ed in the table under paragraph (1) shall be the

5 100-year Global Warming Potentials provided in the

6 Intergovernmental Panel on Climate Change Fourth

7 Assessment Report.

8 ‘‘(c) PERIODIC REVIEW.—

9 ‘‘(1) Not later than February 1, 2017, and (ex-

10 cept as provided in paragraph (3)) not less than

11 every 5 years thereafter, the Administrator shall—

12 ‘‘(A) review and, if appropriate, revise the

13 carbon dioxide equivalent values established

14 under this section or section 711(b)(2), based

15 on a determination of the number of metric

16 tons of carbon dioxide that makes the same

17 contribution to global warming over 100 years

18 as 1 metric ton of each greenhouse gas; and 412

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘(B) publish in the Federal Register the

2 results of that review and any revisions.

3 ‘‘(2) A revised determination published in the

4 Federal Register under paragraph (1)(B) shall take

5 effect for greenhouse gas emissions starting on Jan-

6 uary 1 of the first calendar year starting at least 9

7 months after the date on which the revised deter-

8 mination was published.

9 ‘‘(3) The Administrator may decrease the fre-

10 quency of review and revision under paragraph (1)

11 if the Administrator determines that such decrease

12 is appropriate in order to synchronize such review

13 and revision with any similar review process carried

14 out pursuant to the United Nations Framework

15 Convention on Climate Change, done at New York

16 on May 9, 1992, or to an agreement negotiated

17 under that convention, except that in no event shall

18 the Administrator carry out such review and revision

19 any less frequently than every 10 years.

20 ‘‘(d) METHODOLOGY.—In setting carbon dioxide

21 equivalent values, for purposes of this section or section

22 711, the Administrator shall take into account publica-

23 tions by the Intergovernmental Panel on Climate Change

24 or a successor organization under the auspices of the 413

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 United Nations Environmental Programme and the World

2 Meteorological Organization.

3 ‘‘SEC. 713. GREENHOUSE GAS REGISTRY.

4 ‘‘(a) DEFINITIONS.—For purposes of this section:

5 ‘‘(1) CLIMATE REGISTRY.—The term ‘Climate

6 Registry’ means the greenhouse gas emissions reg-

7 istry jointly established and managed by more than

8 40 States and Indian tribes in 2007 to collect high-

9 quality greenhouse gas emission data from facilities,

10 corporations, and other organizations to support var-

11 ious greenhouse gas emission reporting and reduc-

12 tion policies for the member States and Indian

13 tribes.

14 ‘‘(2) REPORTING ENTITY.—The term ‘reporting

15 entity’ means—

16 ‘‘(A) a covered entity;

17 ‘‘(B) an entity that—

18 ‘‘(i) would be a covered entity if it had

19 emitted, produced, imported, manufac-

20 tured, or delivered in 2008 or any subse-

21 quent year more than the applicable

22 threshold level in the definition of covered

23 entity in paragraph (13) of section 700;

24 and 414

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘(ii) has emitted, produced, imported,

2 manufactured, or delivered in 2008 or any

3 subsequent year more than the applicable

4 threshold level in the definition of covered

5 entity in paragraph (13) of section 700,

6 provided that the figure of 25,000 tons of

7 carbon dioxide equivalent is read instead

8 as 10,000 tons of carbon dioxide equivalent

9 and the figure of 460,000,000 cubic feet is

10 read instead as 184,000,000 cubic feet;

11 ‘‘(C) any other entity that emits a green-

12 house gas, or produces, imports, manufactures,

13 or delivers material whose use results or may

14 result in greenhouse gas emissions if the Ad-

15 ministrator determines that reporting under

16 this section by such entity will help achieve the

17 purposes of this title or title VIII;

18 ‘‘(D) any vehicle fleet with emissions of

19 more than 25,000 tons of carbon dioxide equiv-

20 alent on an annual basis, if the Administrator

21 determines that the inclusion of such fleet will

22 help achieve the purposes of this title or title

23 VIII; or

24 ‘‘(E) any entity that delivers electricity to

25 an energy-intensive facility in an industrial sec-415

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 tor that meets the energy or greenhouse gas in-

2 tensity criteria in section 764(b)(3)(B)(i).

3 ‘‘(b) REGULATIONS.—

4 ‘‘(1) IN GENERAL.—Not later than 6 months

5 after the date of enactment of this title, the Admin-

6 istrator shall issue regulations establishing a Federal

7 greenhouse gas registry. Such regulations shall—

8 ‘‘(A) require reporting entities to submit to

9 the Administrator data on—

10 ‘‘(i) greenhouse gas emissions in the

11 United States;

12 ‘‘(ii) the production and manufacture

13 in the United States, importation into the

14 United States, and, at the discretion of the

15 Administrator, exportation from the

16 United States, of fuels and industrial gases

17 the uses of which result or may result in

18 greenhouse gas emissions;

19 ‘‘(iii) deliveries in the United States of

20 natural gas, and any other gas meeting the

21 specifications for commingling with natural

22 gas for purposes of delivery, the combus-

23 tion of which result or may result in green-

24 house gas emissions; and 416

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘(iv) the capture and sequestration of

2 greenhouse gases;

3 ‘‘(B) require covered entities and, where

4 appropriate, other reporting entities to submit

5 to the Administrator data sufficient to ensure

6 compliance with or implementation of the re-

7 quirements of this title;

8 ‘‘(C) require reporting of electricity deliv-

9 ered to industrial sources in energy-intensive in-

10 dustries;

11 ‘‘(D) ensure the completeness, consistency,

12 transparency, accuracy, precision, and reliability

13 of such data;

14 ‘‘(E) take into account the best practices

15 from the most recent Federal, State, tribal, and

16 international protocols for the measurement, ac-

17 counting, reporting, and verification of green-

18 house gas emissions, including protocols from

19 the Climate Registry and other mandatory

20 State or multistate authorized programs;

21 ‘‘(F) take into account the latest scientific

22 research;

23 ‘‘(G) require that, for covered entities with

24 respect to greenhouse gases to which section

25 722 applies, and, to the extent determined to be 417

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 appropriate by the Administrator, for covered

2 entities with respect to other greenhouse gases

3 and for other reporting entities, submitted data

4 are based on—

5 ‘‘(i) continuous monitoring systems

6 for fuel flow or emissions, such as contin-

7 uous emission monitoring systems;

8 ‘‘(ii) alternative systems that are dem-

9 onstrated as providing data with the same

10 precision, reliability, accessibility, and

11 timeliness, or, to the extent the Adminis-

12 trator determines is appropriate for report-

13 ing small amounts of emissions, the same

14 precision, reliability, and accessibility and

15 similar timeliness, as data provided by con-

16 tinuous monitoring systems for fuel flow or

17 emissions; or

18 ‘‘(iii) alternative methodologies that

19 are demonstrated to provide data with pre-

20 cision, reliability, accessibility, and timeli-

21 ness, or, to the extent the Administrator

22 determines is appropriate for reporting

23 small amounts of emissions, precision, reli-

24 ability, and accessibility, as similar as is

25 technically feasible to that of data gen-418

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 erally provided by continuous monitoring

2 systems for fuel flow or emissions, if the

3 Administrator determines that, with re-

4 spect to a reporting entity, there is no con-

5 tinuous monitoring system or alternative

6 system described in clause (i) or (ii) that

7 is technically feasible;

8 ‘‘(H) require that the Administrator, in de-

9 termining the extent to which the requirement

10 to use systems or methodologies in accordance

11 with subparagraph (G) is appropriate for re-

12 porting entities other than covered entities or

13 for greenhouse gases to which section 722 does

14 not apply, consider the cost of using such sys-

15 tems and methodologies, and of using other sys-

16 tems and methodologies that are available and

17 suitable, for quantifying the emissions involved

18 in light of the purposes of this title, including

19 the goal of collecting consistent entity-wide

20 data;

21 ‘‘(I) include methods for minimizing double

22 reporting and avoiding irreconcilable double re-

23 porting of greenhouse gas emissions;

24 ‘‘(J) establish measurement protocols for

25 carbon capture and sequestration systems, tak-419

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ing into consideration the regulations promul-

2 gated under section 813;

3 ‘‘(K) require that reporting entities provide

4 the data required under this paragraph in re-

5 ports submitted electronically to the Adminis-

6 trator, in such form and containing such infor-

7 mation as may be required by the Adminis-

8 trator;

9 ‘‘(L) include requirements for keeping

10 records supporting or related to, and protocols

11 for auditing, submitted data;

12 ‘‘(M) establish consistent policies for calcu-

13 lating carbon content and greenhouse gas emis-

14 sions for each type of fossil fuel with respect to

15 which reporting is required;

16 ‘‘(N) subsequent to implementation of poli-

17 cies developed under subparagraph (M), provide

18 for immediate dissemination, to States, Indian

19 tribes, and on the Internet, of all data reported

20 under this section as soon as practicable after

21 electronic audit by the Administrator and any

22 resulting correction of data, except that data

23 shall not be disseminated under this subpara-

24 graph if— 420

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘(i) its nondissemination is vital to

2 the national security of the United States,

3 as determined by the President; or

4 ‘‘(ii) it is confidential business infor-

5 mation that cannot be derived from infor-

6 mation that is otherwise publicly available

7 and that would cause significant calculable

8 competitive harm if published, except

9 that—

10 ‘‘(I) data relating to greenhouse

11 gas emissions, including any upstream

12 or verification data from reporting en-

13 tities, shall not be considered to be

14 confidential business information; and

15 ‘‘(II) data that is confidential

16 business information shall be provided

17 to a State or Indian tribe within

18 whose jurisdiction the reporting entity

19 is located, if the Administrator deter-

20 mines that such State or Indian tribe

21 has in effect protections for confiden-

22 tial business information that are

23 equivalent to protections applicable to

24 the Federal Government; 421

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘(O) prescribe methods by which the Ad-

2 ministrator shall, in cases in which satisfactory

3 data are not submitted to the Administrator for

4 any period of time, estimate emission, produc-

5 tion, importation, manufacture, or delivery lev-

6 els—

7 ‘‘(i) for covered entities with respect

8 to greenhouse gas emissions, production,

9 importation, manufacture, or delivery regu-

10 lated under this title to ensure that emis-

11 sions, production, importation, manufac-

12 ture, or deliveries are not underreported,

13 and to create a strong incentive for meet-

14 ing data monitoring and reporting require-

15 ments—

16 ‘‘(I) with a conservative estimate

17 of the highest emission, production,

18 importation, manufacture, or delivery

19 levels that may have occurred during

20 the period for which data are missing;

21 or

22 ‘‘(II) to the extent the Adminis-

23 trator considers appropriate, with an

24 estimate of such levels assuming the

25 unit is emitting, producing, importing, 422

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 manufacturing, or delivering at a

2 maximum potential level during the

3 period, in order to ensure that such

4 levels are not underreported and to

5 create a strong incentive for meeting

6 data monitoring and reporting re-

7 quirements; and

8 ‘‘(ii) for covered entities with respect

9 to greenhouse gas emissions to which sec-

10 tion 722 does not apply and for other re-

11 porting entities, with a reasonable estimate

12 of the emission, production, importation,

13 manufacture, or delivery levels that may

14 have occurred during the period for which

15 data are missing;

16 ‘‘(P) require the designation of a des-

17 ignated representative for each reporting entity;

18 ‘‘(Q) require an appropriate certification,

19 by the designated representative for the report-

20 ing entity, of accurate and complete accounting

21 of greenhouse gas emissions, as determined by

22 the Administrator; and

23 ‘‘(R) include requirements for other data

24 necessary for accurate and complete accounting

25 of greenhouse gas emissions, as determined by 423

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 the Administrator, including data for quality

2 assurance of monitoring systems, monitors and

3 other measurement devices, and other data

4 needed to verify reported emissions, production,

5 importation, manufacture, or delivery.

6 ‘‘(2) TIMING.—

7 ‘‘(A) CALENDAR YEARS 2007 THROUGH

8 2010.—For a base period of calendar years

9 2007 through 2010, each reporting entity shall

10 submit annual data required under this section

11 to the Administrator not later than March 31,

12 2011. The Administrator may waive or modify

13 reporting requirements for calendar years 2007

14 through 2010 for categories of reporting enti-

15 ties to the extent that the Administrator deter-

16 mines that the reporting entities did not keep

17 data or records necessary to meet reporting re-

18 quirements. The Administrator may, in addition

19 to or in lieu of such requirements, collect infor-

20 mation on energy consumption and production.

21 ‘‘(B) SUBSEQUENT CALENDAR YEARS.—

22 For calendar year 2011 and each subsequent

23 calendar year, each reporting entity shall sub-

24 mit quarterly data required under this section

25 to the Administrator not later than 60 days 424

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 after the end of the applicable quarter, except

2 when the data is already being reported to the

3 Administrator on an earlier timeframe for an-

4 other program.

5 ‘‘(3) WAIVER OF REPORTING REQUIREMENTS.—

6 The Administrator may waive reporting require-

7 ments under this section for specific entities to the

8 extent that the Administrator determines that suffi-

9 cient and equally or more reliable verified and timely

10 data are available to the Administrator and the pub-

11 lic on the Internet under other mandatory statutory

12 requirements.

13 ‘‘(4) ALTERNATIVE THRESHOLD.—The Admin-

14 istrator may, by rule, establish applicability thresh-

15 olds for reporting under this section using alter-

16 native metrics and levels, provided that such metrics

17 and levels are easier to administer and cover the

18 same size and type of sources as the threshold de-

19 fined in this section.

20 ‘‘(c) INTERRELATIONSHIP WITH OTHER SYSTEMS.—

21 In developing the regulations issued under subsection (b),

22 the Administrator shall take into account the work done

23 by the Climate Registry and other mandatory State or

24 multistate programs. Such regulations shall include an ex-

25 planation of any major differences in approach between 425

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 the system established under the regulations and such reg-

2 istries and programs.

3 ‘‘SEC. 714. PERFLUOROCARBON REGULATION.

4 ‘‘(a) DEFINITIONS.—In this section:

5 ‘‘(1) CONSUMPTION.—The term ‘consumption’

6 means, with respect to perfluorocarbon, the quantity

7 of that substance produced in the United States,

8 plus the quantity imported, minus the quantity ex-

9 ported.

10 ‘‘(2) PRODUCE; PRODUCED; PRODUCTION.—

11 ‘‘(A) IN GENERAL.—The terms ‘produce’,

12 ‘produced’, and ‘production’ mean the manufac-

13 ture of perfluorocarbon, or the emission of

14 perfluorocarbon from other industrial sources.

15 ‘‘(B) EXCLUSIONS.—The terms ‘produce’,

16 ‘produced’, and ‘production’ do not include—

17 ‘‘(i) the manufacture of

18 perfluorocarbon that is used and entirely

19 consumed (except for trace quantities) in

20 the manufacture of other chemicals or

21 products;

22 ‘‘(ii) the reuse or recycling of

23 perfluorocarbon; or 426

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘(iii) the emission of perfluorocarbon

2 from use in production processes, such as

3 electronics manufacturing.

4 ‘‘(C) OFFSET CREDIT.—The term ‘offset

5 credit’ means reduction of perfluorocarbon

6 emissions by destruction or conversionary use of

7 perfluorocarbons during production processes,

8 such as electronics manufacturing.

9 ‘‘(b) DETERMINATION BY ADMINISTRATOR.—As soon

10 as practicable after the date of enactment of this section,

11 the Administrator shall determine, based on such criteria

12 as the Administrator determines to be appropriate, wheth-

13 er emissions from the production and consumption of

14 perfluorocarbon should be regulated in accordance with—

15 ‘‘(1) this section; or

16 ‘‘(2) the other applicable provisions of this title.

17 ‘‘(c) EFFECT OF DETERMINATION.—On a determina-

18 tion by the Administrator under subsection (a)(1) that

19 perfluorocarbon emissions described in subsection (b)

20 should be regulated in accordance with this section—

21 ‘‘(1) emissions from the production of

22 perfluorocarbon shall be subject to the best available

23 control technology (as defined in section 169) for

24 each greenhouse gas designated in section 711 at fa-427

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 cilities emitting 25,000 metric tons of carbon dioxide

2 equivalent perfluorocarbon emissions or more; and

3 ‘‘(2) the consumption of perfluorocarbon shall

4 be phased down in accordance with this section.

5 ‘‘(d) USE AND CONSUMPTION.—

6 ‘‘(1) PHASE-DOWNS.—

7 ‘‘(A) CONSUMPTION.—

8 ‘‘(i) IN GENERAL.—With respect to

9 perfluorocarbon, not later than 18 months

10 after the date of enactment of this section,

11 the Administrator shall promulgate regula-

12 tions phasing down, in accordance with

13 this section—

14 ‘‘(I) the consumption of

15 perfluorocarbon in the United States;

16 and

17 ‘‘(II) the importation into the

18 United States of products containing

19 any perfluorocarbon.

20 ‘‘(ii) PROHIBITION.—Effective begin-

21 ning on January 1, 2014, it shall be un-

22 lawful for any person to produce any

23 perfluorocarbon, import any

24 perfluorocarbon, or import any product

25 containing perfluorocarbon, unless the per-428

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 son holds 1 consumption allowance or 1

2 offset credit for each carbon dioxide equiv-

3 alent ton of the perfluorocarbon destroyed.

4 ‘‘(iii) RETIRED ALLOWANCES.—Any

5 person who exports a perfluorocarbon for

6 which a use allowance was retired may re-

7 ceive a refund of that allowance from the

8 Administrator after the date of export.

9 ‘‘(B) INTEGRITY OF LIMITS.—To maintain

10 the integrity of the perfluorocarbon limits under

11 this paragraph, the Administrator may limit, by

12 regulation, the percentage of the compliance ob-

13 ligation of any person that may be met through

14 the consumption of offset credits or banked al-

15 lowances.

16 ‘‘(C) COUNTING OF VIOLATIONS.—Each

17 consumption allowance or offset credit not held

18 as required by this subsection shall be a sepa-

19 rate violation of this section.

20 ‘‘(2) SCHEDULE.—Pursuant to the regulations

21 promulgated under paragraph (1)(A), the number of

22 perfluorocarbon consumption allowances available for

23 distribution for each calendar year beginning in cal-

24 endar year 2014 shall be established by the Adminis-

25 trator. 429

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘(3) BASELINE.—

2 ‘‘(A) IN GENERAL.—Not later than 1 year

3 after the date of enactment of this section, the

4 Administrator shall promulgate regulations to

5 establish the baseline for purposes of paragraph

6 (2).

7 ‘‘(B) CALCULATION.—The baseline shall

8 be—

9 ‘‘(i) the sum, expressed in metric tons

10 of carbon dioxide equivalents, of—

11 ‘‘(I) the average of the annual

12 consumption of all perfluorocarbon in

13 each of calendar years 2004, 2005,

14 and 2006; and

15 ‘‘(II) the annual average quantity

16 of all perfluorocarbon contained in im-

17 ported products during the period of

18 calendar years 2004, 2005, and 2006;

19 or

20 ‘‘(ii) such alternative quantity of car-

21 bon dioxide equivalents that, as determined

22 by the Administrator, more accurately re-

23 flects the average annual quantity of

24 perfluorocarbon consumed in and imported

25 into the United States (including in prod-430

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ucts), as based on information compiled by

2 the Administrator.

3 ‘‘(4) DISTRIBUTION OF ALLOWANCES.—The

4 Administrator shall determine an allocation, and

5 procedures for the distribution, transfer, and ex-

6 change of allowances for the consumption of

7 perfluorocarbon under this section, including a de-

8 termination of whether allowances may be auctioned,

9 sold, or allocated and distributed at no cost, trans-

10 ferred, or exchanged for domestic or international

11 consumption, in accordance with such criteria as the

12 Administrator considers to be appropriate.

13 ‘‘(e) IMPLEMENTATION.—To the maximum extent

14 practicable, the Administrator shall implement this section

15 in accordance with the procedures described in section

16 619.

17 ‘‘(f) DEADLINES FOR COMPLIANCE.—The Adminis-

18 trator shall promulgate regulations for perfluorocarbon in

19 accordance with this section by not later than October 31,

20 2013.

21 ‘‘PART C—PROGRAM RULES

22 ‘‘SEC. 721. EMISSION ALLOWANCES.

23 ‘‘(a) IN GENERAL.—The Administrator shall estab-

24 lish a separate quantity of emission allowances for each 431

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 calendar year starting in 2012, in the amounts prescribed

2 under subsection (e).

3 ‘‘(b) IDENTIFICATION NUMBERS.—The Adminis-

4 trator shall assign to each emission allowance established

5 under subsection (a) a unique identification number that

6 includes the vintage year for that emission allowance.

7 ‘‘(c) LEGAL STATUS OF EMISSION ALLOWANCES.—

8 ‘‘(1) IN GENERAL.—An allowance established

9 by the Administrator under this title does not con-

10 stitute a property right.

11 ‘‘(2) TERMINATION OR LIMITATION.—Nothing

12 in this Act or any other provision of law shall be

13 construed to limit or alter the authority of the

14 United States, including the Administrator acting

15 pursuant to statutory authority, to terminate or

16 limit allowances, offset credits, or term offset cred-

17 its.

18 ‘‘(3) OTHER PROVISIONS UNAFFECTED.—Ex-

19 cept as otherwise specified in this Act, nothing in

20 this Act relating to allowances, offset credits, or

21 term offset credits established or issued under this

22 title shall affect the application of any other provi-

23 sion of law to a covered entity, or the responsibility

24 for a covered entity to comply with any such provi-

25 sion of law. 432

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘(d) SAVINGS PROVISION.—Nothing in this part shall

2 be construed as requiring a change of any kind in any

3 State law regulating electric utility rates and charges, or

4 as affecting any State law regarding such State regula-

5 tion, or as limiting State regulation (including any

6 prudency review) under such a State law. Nothing in this

7 part shall be construed as modifying the Federal Power

8 Act (16 U.S.C. 791a et seq.) or as affecting the authority

9 of the Federal Energy Regulatory Commission under that

10 Act. Nothing in this part shall be construed to interfere

11 with or impair any program for competitive bidding for

12 power supply in a State in which such program is estab-

13 lished.

14 ‘‘(e) ALLOWANCES FOR EACH CALENDAR YEAR.—

15 ‘‘(1) IN GENERAL.—Except as provided in para-

16 graph (2), the number of emission allowances estab-

17 lished by the Administrator under subsection (a) for

18 each calendar year shall be as provided in the fol-

19 lowing table:

‘‘Calendar Year Emissions Allowances (MtCO2e)

2012 ....................................................................... 4,627

2013 ....................................................................... 4,544

2014 ....................................................................... 5,099

2015 ....................................................................... 5,003

2016 ....................................................................... 5,482

2017 ....................................................................... 5,261

2018 ....................................................................... 5,132

2019 ....................................................................... 5,002

2020 ....................................................................... 4,873

2021 ....................................................................... 4,739

2022 ....................................................................... 4,605

2023 ....................................................................... 4,471 433

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

2024 ....................................................................... 4,337

2025 ....................................................................... 4,203

2026 ....................................................................... 4,069

2027 ....................................................................... 3,935

2028 ....................................................................... 3,801

2029 ....................................................................... 3,667

2030 ....................................................................... 3,533

2031 ....................................................................... 3,408

2032 ....................................................................... 3,283

2033 ....................................................................... 3,158

2034 ....................................................................... 3,033

2035 ....................................................................... 2,908

2036 ....................................................................... 2,784

2037 ....................................................................... 2,659

2038 ....................................................................... 2,534

2039 ....................................................................... 2,409

2040 ....................................................................... 2,284

2041 ....................................................................... 2,159

2042 ....................................................................... 2,034

2043 ....................................................................... 1,910

2044 ....................................................................... 1,785

2045 ....................................................................... 1,660

2046 ....................................................................... 1,535

2047 ....................................................................... 1,410

2048 ....................................................................... 1,285

2049 ....................................................................... 1,160

2050 ....................................................................... 1,035

1 ‘‘(2) REVISION.—

2 ‘‘(A) IN GENERAL.—The Administrator

3 may adjust, in accordance with subparagraph

4 (B), the number of emission allowances estab-

5 lished pursuant to paragraph (1) if, after notice

6 and an opportunity for public comment, the Ad-

7 ministrator determines that—

8 ‘‘(i) United States greenhouse gas

9 emissions in 2005 were other than 7,206

10 million metric tons carbon dioxide equiva-

11 lent;

12 ‘‘(ii) if the requirements of this title

13 for 2012 had been in effect in 2005, sec-434

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 tion 722 would have required emission al-

2 lowances to be held for other than 66.2

3 percent of United States greenhouse gas

4 emissions in 2005;

5 ‘‘(iii) if the requirements of this title

6 for 2014 had been in effect in 2005, sec-

7 tion 722 would have required emission al-

8 lowances to be held for other than 75.7

9 percent of United States greenhouse gas

10 emissions in 2005; or

11 ‘‘(iv) if the requirements of this title

12 for 2016 had been in effect in 2005, sec-

13 tion 722 would have required emission al-

14 lowances to be held for other than 84.5

15 percent United States greenhouse gas

16 emissions in 2005.

17 ‘‘(B) ADJUSTMENT FORMULA.—

18 ‘‘(i) IN GENERAL.—If the Adminis-

19 trator adjusts under this paragraph the

20 number of emission allowances established

21 pursuant to paragraph (1), the number of

22 emission allowances the Administrator es-

23 tablishes for any given calendar year shall

24 equal the product of— 435

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘(I) United States greenhouse

2 gas emissions in 2005, expressed in

3 tons of carbon dioxide equivalent;

4 ‘‘(II) the percent of United

5 States greenhouse gas emissions in

6 2005, expressed in tons of carbon di-

7 oxide equivalent, that would have been

8 subject to section 722 if the require-

9 ments of this title for the given cal-

10 endar year had been in effect in 2005;

11 and

12 ‘‘(III) the percentage set forth

13 for that calendar year in section

14 703(a), or determined under clause

15 (ii) of this subparagraph.

16 ‘‘(ii) TARGETS.—In applying the por-

17 tion of the formula in clause (i)(III) of this

18 subparagraph, for calendar years for which

19 a percentage is not listed in section 703(a),

20 the Administrator shall use a uniform an-

21 nual decline in the amount of emissions be-

22 tween the years that are specified.

23 ‘‘(iii) CARBON DIOXIDE EQUIVALENT

24 VALUE.—If the Administrator adjusts

25 under this paragraph the number of emis-436

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 sion allowances established pursuant to

2 paragraph (1), the Administrator shall use

3 the carbon dioxide equivalent values estab-

4 lished pursuant to section 712.

5 ‘‘(iv) LIMITATION ON ADJUSTMENT

6 TIMING.—Once a calendar year has start-

7 ed, the Administrator may not adjust the

8 number of emission allowances to be estab-

9 lished for that calendar year.

10 ‘‘(C) LIMITATION ON ADJUSTMENT AU-

11 THORITY.—The Administrator may adjust

12 under this paragraph the number of emission

13 allowances to be established pursuant to para-

14 graph (1) only once.

15 ‘‘(f) COMPENSATORY ALLOWANCE.—

16 ‘‘(1) IN GENERAL.—The regulations promul-

17 gated under subsection (h) shall provide for the es-

18 tablishment and distribution of compensatory allow-

19 ances for—

20 ‘‘(A) the destruction, in 2012 or later, of

21 fluorinated gases that are greenhouse gases if—

22 ‘‘(i) allowances or offset credits were

23 retired for their production or importation;

24 and 437

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘(ii) such gases are not required to be

2 destroyed under any other provision of law;

3 ‘‘(B) the nonemissive use, in 2012 or later,

4 of petroleum-based or coal-based liquid or gas-

5 eous fuel, petroleum coke, natural gas liquid, or

6 natural gas as a feedstock, if allowances or off-

7 set credits were retired for the greenhouse

8 gases that would have been emitted from their

9 combustion; and

10 ‘‘(C) the conversionary use, in 2012 or

11 later, of fluorinated gases in a manufacturing

12 process, including semiconductor research or

13 manufacturing, if allowances or offset credits

14 were retired for the production or importation

15 of such gas.

16 ‘‘(2) ESTABLISHMENT AND DISTRIBUTION.—

17 ‘‘(A) IN GENERAL.—Not later than 90

18 days after the end of each calendar year, the

19 Administrator shall establish and distribute to

20 the entity taking the actions described in sub-

21 paragraph (A), (B), or (C) of paragraph (1) a

22 quantity of compensatory allowances equivalent

23 to the number of tons of carbon dioxide equiva-

24 lent of avoided emissions achieved through such

25 actions. In establishing the quantity of compen-438

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 satory allowances, the Administrator shall take

2 into account the carbon dioxide equivalent value

3 of any greenhouse gas resulting from such ac-

4 tion.

5 ‘‘(B) SOURCE OF ALLOWANCES.—Compen-

6 satory allowances established under this sub-

7 section shall not be emission allowances estab-

8 lished under subsection (a).

9 ‘‘(C) IDENTIFICATION NUMBERS.—The

10 Administrator shall assign to each compen-

11 satory allowance established under subpara-

12 graph (A) a unique identification number.

13 ‘‘(3) DEFINITIONS.—For purposes of this sub-

14 section—

15 ‘‘(A) the term ‘destruction’ means the con-

16 version of a greenhouse gas by thermal, chem-

17 ical, or other means to another gas or set of

18 gases with little or no carbon dioxide equivalent

19 value;

20 ‘‘(B) the term ‘nonemissive use’ means the

21 use of fossil fuel as a feedstock in an industrial

22 or manufacturing process to the extent that

23 greenhouse gases are not emitted from such

24 process, and to the extent that the products of 439

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 such process are not intended for use as, or to

2 be contained in, a fuel; and

3 ‘‘(C) the term ‘conversionary use’ means

4 the conversion during research or manufac-

5 turing of a fluorinated gas into another green-

6 house gas or set of gases with a lower carbon

7 dioxide equivalent value.

8 ‘‘(4) FEEDSTOCK EMISSIONS STUDY.—

9 ‘‘(A) The Administrator may conduct a

10 study to determine the extent to which petro-

11 leum-based or coal-based liquid or gaseous fuel,

12 petroleum coke, natural gas liquid, or natural

13 gas are used as feedstocks in manufacturing

14 processes to produce products and the green-

15 house gas emissions resulting from such uses.

16 ‘‘(B) If as a result of such a study, the Ad-

17 ministrator determines that the use of such

18 products by noncovered sources results in sub-

19 stantial emissions of greenhouse gases or their

20 precursors and that such emissions have not

21 been adequately addressed under other require-

22 ments of this Act, the Administrator may, after

23 notice and comment rulemaking, promulgate a

24 regulation reducing compensatory allowances 440

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 commensurately if doing so will not result in

2 leakage.

3 ‘‘(g) FLUORINATED GASES ASSESSMENT.—

4 ‘‘(1) IN GENERAL.—Not later than March 31,

5 2014, the Administrator shall conduct an assess-

6 ment of the regulation of non-hydrofluorocarbon

7 fluorinated gases under this title (excluding

8 perfluorocarbon) to determine whether the most ap-

9 propriate point of regulation of those gases is at—

10 ‘‘(A) the gas manufacturer or importer

11 level; or

12 ‘‘(B) the downstream source of the emis-

13 sions.

14 ‘‘(2) MODIFICATION OF DEFINITION.—If the

15 Administrator determines, based on consideration of

16 environmental effectiveness, cost-effectiveness, ad-

17 ministrative feasibility, extent of coverage of emis-

18 sions, and competitiveness considerations, that emis-

19 sions of non-hydrofluorocarbon fluorinated gases (ex-

20 cluding perfluorocarbons) can best be regulated by

21 designating downstream emission sources as covered

22 entities with compliance obligations under section

23 722, the Administrator shall—

24 ‘‘(A) after providing notice and an oppor-

25 tunity for comment, modify the definition of the 441

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 term ‘covered entity’ with respect to fluorinated

2 gases (other than hydrofluorocarbons and

3 perfluorocarbons) accordingly; and

4 ‘‘(B) establish such requirements as are

5 necessary to ensure compliance by the covered

6 entities with the requirements of this title.

7 ‘‘(h) REGULATIONS.—Not later than 24 months after

8 the date of enactment of this title, the Administrator shall

9 promulgate regulations to carry out the provisions of this

10 title.

11 ‘‘SEC. 722. PROHIBITION OF EXCESS EMISSIONS.

12 ‘‘(a) PROHIBITION.—Except as provided in sub-

13 section (c), effective January 1, 2012, each covered entity

14 is prohibited from emitting greenhouse gases, and having

15 attributable greenhouse gas emissions, in combination, in

16 excess of its allowable emissions level. A covered entity’s

17 allowable emissions level for each calendar year is the

18 number of emission allowances (or credits or other allow-

19 ances as provided in subsection (d)) it holds as of 12:01

20 a.m. on April 1 (or a later date established by the Admin-

21 istrator under subsection (j)) of the following calendar

22 year.

23 ‘‘(b) METHODS OF DEMONSTRATING COMPLIANCE.—

24 Except as otherwise provided in this section, the owner

25 or operator of a covered entity shall not be considered to 442

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 be in compliance with the prohibition in subsection (a) un-

2 less, as of 12:01 a.m. on April 1 (or a later date estab-

3 lished by the Administrator under subsection (j)) of each

4 calendar year starting in 2013, the owner or operator

5 holds a quantity of emission allowances (or credits or other

6 allowances as provided in subsection (d)) at least as great

7 as the quantity calculated as follows:

8 ‘‘(1) ELECTRICITY SOURCES.—For a covered

9 entity described in section 700(13)(A), 1 emission

10 allowance for each ton of carbon dioxide equivalent

11 of greenhouse gas that such covered entity emitted

12 in the previous calendar year, excluding emissions

13 resulting from the combustion of—

14 ‘‘(A) petroleum-based or coal-based liquid

15 fuel;

16 ‘‘(B) natural gas liquid;

17 ‘‘(C) renewable biomass or gas derived

18 from renewable biomass; or

19 ‘‘(D) petroleum coke.

20 ‘‘(2) FUEL PRODUCERS AND IMPORTERS.—For

21 a covered entity described in section 700(13)(B), 1

22 emission allowance for each ton of carbon dioxide

23 equivalent of greenhouse gas that would be emitted

24 from the combustion of any petroleum-based or coal-

25 based liquid fuel, petroleum coke, or natural gas liq-443

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 uid, produced or imported by such covered entity

2 during the previous calendar year for sale or dis-

3 tribution in interstate commerce, assuming no cap-

4 ture and sequestration of any greenhouse gas emis-

5 sions.

6 ‘‘(3) INDUSTRIAL GAS PRODUCERS AND IM-

7 PORTERS.—For a covered entity described in section

8 700(13)(C), 1 emission allowance for each ton of

9 carbon dioxide equivalent of fossil fuel-based carbon

10 dioxide, nitrous oxide, or any other fluorinated gas

11 that is a greenhouse gas (except for nitrogen

12 trifluoride), or any combination thereof, produced or

13 imported by such covered entity during the previous

14 calendar year for sale or distribution in interstate

15 commerce or released as fugitive emissions in the

16 production of fluorinated gas.

17 ‘‘(4) NITROGEN TRIFLUORIDE SOURCES.—For

18 a covered entity described in section 700(13)(D), 1

19 emission allowance for each ton of carbon dioxide

20 equivalent of nitrogen trifluoride that such covered

21 entity emitted in the previous calendar year.

22 ‘‘(5) GEOLOGICAL SEQUESTRATION SITES.—For

23 a covered entity described in section 700(13)(E), 1

24 emission allowance for each ton of carbon dioxide 444

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 equivalent of greenhouse gas that such covered enti-

2 ty emitted in the previous calendar year.

3 ‘‘(6) INDUSTRIAL STATIONARY SOURCES.—For

4 a covered entity described in section 700(13)(F),

5 (G), or (H), 1 emission allowance for each ton of

6 carbon dioxide equivalent of greenhouse gas that

7 such covered entity emitted in the previous calendar

8 year, excluding emissions resulting from—

9 ‘‘(A) the combustion of petroleum-based or

10 coal-based liquid fuel;

11 ‘‘(B) the combustion of natural gas liquid;

12 ‘‘(C) the combustion of renewable biomass

13 or gas derived from renewable biomass;

14 ‘‘(D) the combustion of petroleum coke; or

15 ‘‘(E) the use of any fluorinated gas that is

16 a greenhouse gas purchased for use at that cov-

17 ered entity, except for nitrogen trifluoride.

18 ‘‘(7) INDUSTRIAL FOSSIL FUEL-FIRED COMBUS-

19 TION DEVICES.—For a covered entity described in

20 section 700(13)(I), 1 emission allowance for each

21 ton of carbon dioxide equivalent of greenhouse gas

22 that the devices emitted in the previous calendar

23 year, excluding emissions resulting from the combus-

24 tion of— 445

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘(A) petroleum-based or coal-based liquid

2 fuel;

3 ‘‘(B) natural gas liquid;

4 ‘‘(C) renewable biomass or gas derived

5 from renewable biomass; or

6 ‘‘(D) petroleum coke.

7 ‘‘(8) NATURAL GAS LOCAL DISTRIBUTION COM-

8 PANIES.—For a covered entity described in section

9 700(13)(J), 1 emission allowance for each ton of

10 carbon dioxide equivalent of greenhouse gas that

11 would be emitted from the combustion of the natural

12 gas, and any other gas meeting the specifications for

13 commingling with natural gas for purposes of deliv-

14 ery, that such entity delivered during the previous

15 calendar year to customers that are not covered enti-

16 ties, assuming no capture and sequestration of that

17 greenhouse gas.

18 ‘‘(9) R&D FACILITIES.—

19 ‘‘(A) IN GENERAL.—For a qualified R&D

20 facility that emitted 25,000 tons per year or

21 more carbon dioxide equivalent in the previous

22 calendar year, 1 emission allowance for each

23 ton of carbon dioxide equivalent of greenhouse

24 gas that such facility emitted in the previous

25 calendar year. 446

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘(B) TREATMENT.—A qualified R&D facil-

2 ity shall be treated as a separate covered entity

3 solely for purposes of applying the requirements

4 of this subsection.

5 ‘‘(10) ALGAE-BASED FUELS.—Where carbon di-

6 oxide (or another greenhouse gas) is used as an

7 input in the production of algae-based fuels, the Ad-

8 ministrator shall ensure that allowances are required

9 to be held either for the carbon dioxide used to grow

10 the algae or for the carbon dioxide emitted from

11 combustion of the fuel produced from such algae,

12 but not for both.

13 ‘‘(11) FUGITIVE EMISSIONS.—The greenhouse

14 gas emissions to which paragraphs (1), (4), (6), and

15 (7) apply shall not include fugitive emissions of

16 greenhouse gas, except to the extent the Adminis-

17 trator determines that data on the carbon dioxide

18 equivalent value of greenhouse gas in the fugitive

19 emissions can be provided with sufficient precision,

20 reliability, accessibility, and timeliness to ensure the

21 integrity of emission allowances, the allowance track-

22 ing system, and the limits on emissions.

23 ‘‘(12) EXPORT EXEMPTION.—This section shall

24 not apply to any petroleum-based or coal-based liq-

25 uid fuel, petroleum coke, natural gas liquid, fossil 447

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 fuel-based carbon dioxide, nitrous oxide, or

2 fluorinated gas that is exported for sale or use.

3 ‘‘(13) NATURAL GAS LIQUIDS.—Notwith-

4 standing subsection (a), if the owner or operator of

5 a covered entity described in section 700(13)(B)

6 that produces natural gas liquids does not take own-

7 ership of the liquids, and is not responsible for the

8 distribution or use of the liquids in commerce, the

9 owner of the liquids shall be responsible for compli-

10 ance with this section, section 723, and other rel-

11 evant sections of this title with respect to such liq-

12 uids. In the regulations promulgated under section

13 721, the Administrator shall include such provisions

14 with respect to such liquids as the Administrator de-

15 termines are appropriate to determine and ensure

16 compliance, and to penalize noncompliance. In such

17 a case, the owner of the covered entity shall provide

18 to the Administrator, in a manner to be determined

19 by the Administrator, information regarding the

20 quantity and ownership of liquids produced at the

21 covered entity.

22 ‘‘(14) APPLICATION OF MULTIPLE PARA-

23 GRAPHS.—For a covered entity to which more than

24 1 of paragraphs (1) through (8) apply, all applicable

25 paragraphs shall apply, except that not more than 1 448

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 emission allowance shall be required for the same

2 emission.

3 ‘‘(c) PHASE-IN OF PROHIBITION.—

4 ‘‘(1) INDUSTRIAL STATIONARY SOURCES.—The

5 prohibition under subsection (a) shall first apply to

6 a covered entity described in section 700(13)(D),

7 (F), (G), (H), or (I), with respect to emissions oc-

8 curring during calendar year 2014.

9 ‘‘(2) NATURAL GAS LOCAL DISTRIBUTION COM-

10 PANIES.—The prohibition under subsection (a) shall

11 first apply to a covered entity described in section

12 700(13)(J) with respect to deliveries occurring dur-

13 ing calendar year 2016.

14 ‘‘(d) ADDITIONAL METHODS.—In addition to using

15 the method of compliance described in subsection (b), a

16 covered entity may do the following:

17 ‘‘(1) OFFSET CREDITS.—

18 ‘‘(A) CREDITS.—

19 ‘‘(i) IN GENERAL.—Covered entities

20 collectively may, in accordance with this

21 paragraph, use offset credits to dem-

22 onstrate compliance for up to a maximum

23 of 2,000,000,000 tons of greenhouse gas

24 emissions annually. 449

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘(ii) DEMONSTRATION OF COMPLI-

2 ANCE.—In any calendar year, a covered

3 entity may demonstrate compliance by

4 holding 1 domestic offset credit or 1.25

5 international offset credits in lieu of an

6 emission allowance, except as provided in

7 subparagraph (D), up to a total number of

8 offset credits described in subparagraph

9 (B).

10 ‘‘(B) APPLICABLE PERCENTAGE.—

11 ‘‘(i) IN GENERAL.—The total number

12 of offset credits referred to in subpara-

13 graph (A)(ii) for a covered entity for a

14 given calendar year shall be determined

15 by—

16 ‘‘(I) dividing—

17 ‘‘(aa) the tons of carbon di-

18 oxide equivalent of greenhouse

19 gas emissions of the covered enti-

20 ty (except for the types of emis-

21 sions excluded under subpara-

22 graphs (A) through (D) of sub-

23 section (b)(1), subparagraphs (A)

24 through (E) of subsection (b)(6),

25 and subparagraphs (A) through 450

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 (D) of subsection (b)(7)) and at-

2 tributable greenhouse gas emis-

3 sions for the year before the pre-

4 ceding calendar year; by

5 ‘‘(bb) the sum of the tons of

6 carbon dioxide equivalent of

7 greenhouse gas emissions of all

8 covered entities (except for the

9 types of emissions excluded under

10 subparagraphs (A) through (D)

11 of subsection (b)(1), subpara-

12 graphs (A) through (E) of sub-

13 section (b)(6), and subpara-

14 graphs (A) through (D) of sub-

15 section (b)(7)) and attributable

16 greenhouse gas emissions for the

17 year before the preceding cal-

18 endar year; and

19 ‘‘(II) multiplying the quotient ob-

20 tained under subclause (I) by

21 2,000,000,000.

22 ‘‘(ii) APPLICABILITY.—Clause (i) shall

23 apply to a covered entity (including a cov-

24 ered entity that commenced operation dur-

25 ing the preceding calendar year) even if 451

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 the covered entity had no greenhouse gas

2 emissions or attributable greenhouse gas

3 emissions described in that clause.

4 ‘‘(iii) OFFSET CREDITS.—Not more

than

3

5 ⁄4 of the applicable percentage under

6 this paragraph may be used by holding domestic offset credits, and not more than

1

7 ⁄4

8 of the applicable percentage under this

9 paragraph may be used by holding inter-

10 national offset credits, except as provided

11 in subparagraph (C).

12 ‘‘(C) MODIFIED PERCENTAGES.—If the

13 Administrator determines that domestic offset

14 credits available for use in demonstrating com-

15 pliance in any calendar year at domestic offset

16 prices generally equal to or less than allowance

17 prices, are likely to offset less than 900,000,000

18 tons of greenhouse gas emissions (measured in

19 tons of carbon dioxide equivalents), the Admin-

20 istrator shall increase the percent of emissions

21 that can be offset through the use of inter-

22 national offset credits (and decrease the percent

23 of emissions that can be allowed through the

24 use of domestic offset credits by the same

25 amount) to reflect the amount that 452

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 1,500,000,000 exceeds the number of domestic

2 offset credits the Administrator determines is

3 available for that year, up to a maximum of

4 750,000,000 tons of greenhouse gas emissions.

5 ‘‘(D) INTERNATIONAL OFFSET CREDITS.—

6 Notwithstanding subparagraph (A), to dem-

7 onstrate compliance prior to calendar year

8 2018, a covered entity may use 1 international

9 offset credit in lieu of an emission allowance up

10 to the amount permitted under this paragraph.

11 ‘‘(E) PRESIDENT’S RECOMMENDATION.—

12 The President may make a recommendation to

13 Congress as to whether the number

14 2,000,000,000 specified in subparagraphs (A)

15 and (B) should be increased or decreased.

16 ‘‘(2) TERM OFFSET CREDITS.—

17 ‘‘(A) IN GENERAL.—Covered entities may,

18 in accordance with this paragraph, use non-ex-

19 pired term offset credits instead of domestic

20 offset credits for purposes of temporarily dem-

21 onstrating compliance with this section.

22 ‘‘(B) AMOUNT.—The combined quantity of

23 term offset credits and domestic offset credits

24 used by a covered entity to demonstrate compli-

25 ance for its emissions or attributable green-453

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 house gas emissions in any given year shall not

2 exceed the quantity of domestic offset credits

3 that a covered entity is entitled to use for that

4 year to demonstrate compliance in accordance

5 with paragraph (1).

6 ‘‘(C) EXPIRATION.—A term offset credit

7 shall expire in the year after its term ends. The

8 term of a term offset credit shall be calculated

9 by adding to the year of issuance the number

10 of years equal to the length of the crediting pe-

11 riod for the practice or project for which the

12 term offset credit was issued, but in no case

13 shall be later than the date 5 years from the

14 date of issuance.

15 ‘‘(D) DEMONSTRATING COMPLIANCE UPON

16 EXPIRATION OF TERM OFFSET CREDIT.—With

17 respect to the emissions for which a covered en-

18 tity is using term offset credits to demonstrate

19 compliance temporarily with this section, the

20 owner or operator of a covered entity shall not

21 be considered to be in compliance with the pro-

22 hibition in subsection (a) unless, as of 12:01

23 a.m. on April 1 (or a later date established by

24 the Administrator under subsection (j)) of the 454

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 calendar year in which a term offset credit ex-

2 pires, the owner or operator holds—

3 ‘‘(i) for purposes of finally dem-

4 onstrating compliance, an allowance or a

5 domestic offset credit; or

6 ‘‘(ii) for purposes of temporarily dem-

7 onstrating compliance, a non-expired term

8 offset credit.

9 ‘‘(E) INAPPLICABILITY OF PERCENTAGE

10 LIMITATIONS.—Domestic offset credits used for

11 purposes of finally demonstrating compliance

12 under this subparagraph shall not be subject to

13 the percentage limitations in subparagraph (B).

14 ‘‘(F) FINANCIAL ASSURANCE.—A covered

15 entity may not use a term offset credit to dem-

16 onstrate compliance temporarily unless it simul-

17 taneously provides to the Administrator finan-

18 cial assurance that, at the end of the term off-

19 set credit‘s crediting term, the covered entity

20 will have sufficient resources to obtain the

21 quantity of allowances or credits necessary to

22 demonstrate final compliance. The Adminis-

23 trator shall issue regulations establishing re-

24 quirements for such financial assurance, which

25 shall take into account the increased risk asso-455

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ciated with longer crediting terms. These regu-

2 lations shall take into account the total number

3 of tons of carbon dioxide equivalent of green-

4 house gas emissions for which a covered entity

5 is demonstrating compliance temporarily, and

6 may set a limit on this amount. In the event

7 that a covered entity that used term offset cred-

8 its to demonstrate compliance temporarily fails

9 to meet the requirements of subparagraph (D)

10 at the end of the term offset credits’ crediting

11 term, if the financial assurance mechanism fails

12 to provide to the Administrator the number of

13 allowances or offset credits for which the cred-

14 iting term has expired, then the Administrator

15 shall retire that number of allowances with the

16 vintage year 2 years after the year in which the

17 term offset credit expires in the same amount.

18 Allowances so retired shall not be counted as

19 emission allowances established for that cal-

20 endar year under section 721(a).

21 ‘‘(3) INTERNATIONAL EMISSION ALLOW-

22 ANCES.—To demonstrate compliance, a covered enti-

23 ty may hold an international emission allowance in

24 lieu of an emission allowance, except as modified

25 under section 728(d). 456

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘(4) COMPENSATORY ALLOWANCES.—To dem-

2 onstrate compliance, a covered entity may hold a

3 compensatory allowance obtained under section

4 721(f) in lieu of an emission allowance.

5 ‘‘(e) RETIREMENT OF ALLOWANCES AND CREDITS.—

6 As soon as practicable after a deadline established for cov-

7 ered entities to demonstrate compliance with this title, the

8 Administrator shall retire the quantity of allowances or

9 credits required to be held under this title.

10 ‘‘(f) ALTERNATIVE METRICS.—For categories of cov-

11 ered entities described in subparagraph (B), (C), (D), (G),

12 (H), or (I) of section 700(13), the Administrator may, by

13 rule, establish an applicability threshold for inclusion

14 under those subparagraphs using an alternative metric

15 and level, provided that such metric and level are easier

16 to administer and cover the same size and type of sources

17 as the threshold defined in such subparagraphs.

18 ‘‘(g) THRESHOLD REVIEW.—For each category of

19 covered entities described in subparagraph (B), (C), (D),

20 (G), (H), or (I) of section 700(13), the Administrator

21 shall, in 2020 and once every 8 years thereafter, review

22 the carbon dioxide equivalent emission thresholds that are

23 used to define covered entities. After consideration of—

24 ‘‘(1) emissions from covered entities in each

25 such category, and from other entities of the same 457

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 type that emit less than the threshold amount for

2 the category (including emission sources that com-

3 mence operation after the date of enactment of this

4 title that are not covered entities); and

5 ‘‘(2) whether greater greenhouse gas emission

6 reductions can be cost-effectively achieved by low-

7 ering the applicable threshold,

8 the Administrator may by rule lower such threshold to not

9 less than 10,000 tons of carbon dioxide equivalent emis-

10 sions. In determining the cost effectiveness of potential re-

11 ductions from lowering the threshold for covered entities,

12 the Administrator shall consider alternative regulatory

13 greenhouse gas programs, including setting standards

14 under other titles of this Act.

15 ‘‘(h) DESIGNATED REPRESENTATIVES.—The regula-

16 tions promulgated under section 721(h) shall require that

17 each covered entity, and each entity holding allowances or

18 credits or receiving allowances or credits from the Admin-

19 istrator under this title, select a designated representative.

20 ‘‘(i) EDUCATION AND OUTREACH.—

21 ‘‘(1) IN GENERAL.—The Administrator shall es-

22 tablish and carry out a program of education and

23 outreach to assist covered entities, especially entities

24 having little experience with environmental regu-

25 latory requirements similar or comparable to those 458

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 under this title, in preparing to meet the compliance

2 obligations of this title. Such program shall include

3 education with respect to using markets to effec-

4 tively achieve such compliance.

5 ‘‘(2) FAILURE TO RECEIVE INFORMATION.—A

6 failure to receive information or assistance under

7 this subsection may not be used as a defense against

8 an allegation of any violation of this title.

9 ‘‘(j) ADJUSTMENT OF DEADLINE.—The Adminis-

10 trator may, by rule, establish a deadline for demonstrating

11 compliance, for a calendar year, later than the date pro-

12 vided in subsection (a), as necessary to ensure the avail-

13 ability of emissions data, but in no event shall the deadline

14 be later than June 1.

15 ‘‘(k) NOTICE REQUIREMENT FOR COVERED ENTI-

16 TIES RECEIVING NATURAL GAS FROM NATURAL GAS

17 LOCAL DISTRIBUTION COMPANIES.—The owner or oper-

18 ator of a covered entity that takes delivery of natural gas

19 from a natural gas local distribution company shall, not

20 later than September 1 of each calendar year, notify such

21 natural gas local distribution company in writing that

22 such entity will qualify as a covered entity under this title

23 for that calendar year.

24 ‘‘(l) COMPLIANCE OBLIGATION.—For purposes of

25 this title, the year of a compliance obligation is the year 459

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 in which compliance is determined, not the year in which

2 the greenhouse gas emissions occur or the covered entity

3 has attributable greenhouse gas emissions.

4 ‘‘SEC. 723. PENALTY FOR NONCOMPLIANCE.

5 ‘‘(a) ENFORCEMENT.—A violation of any prohibition

6 of, requirement of, or regulation promulgated pursuant to

7 this title shall be a violation of this Act. It shall be a viola-

8 tion of this Act for a covered entity to emit greenhouse

9 gases, and have attributable greenhouse gas emissions, in

10 combination, in excess of its allowable emissions level as

11 provided in section 722(a). Each ton of carbon dioxide

12 equivalent for which a covered entity fails to demonstrate

13 compliance under section 722(b) shall be a separate viola-

14 tion. In the event that a covered entity fails to dem-

15 onstrate compliance at the expiration of a term of offset

16 credits crediting term as required by section 722(d)(2)(D),

17 the year of the violation shall be the year in which the

18 term offset credit expires.

19 ‘‘(b) EXCESS EMISSIONS PENALTY.—

20 ‘‘(1) IN GENERAL.—The owner or operator of

21 any covered entity that fails for any year to comply,

22 on the deadline described in section 722(a) or (j),

23 shall be liable for payment to the Administrator of

24 an excess emissions penalty in the amount described

25 in paragraph (2). 460

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 ‘‘(2) AMOUNT.—The amount of an excess emis-

2 sions penalty required to be paid under paragraph

3 (1) shall be equal to the product obtained by multi-

4 plying—

5 ‘‘(A) the tons of carbon dioxide equivalent

6 of greenhouse gas emissions or attributable

7 greenhouse gas emissions for which the owner

8 or operator of a covered entity failed to comply

9 under section 722(b) on the deadline; by

10 ‘‘(B) twice the fair market value of emis-

11 sion allowances established for emissions occur-

12 ring in the calendar year for which the emission

13 allowances were due.

14 ‘‘(3) TIMING.—An excess emissions penalty re-

15 quired under this subsection shall be immediately

16 due and payable to the Administrator, without de-

17 mand, in accordance with regulations promulgated

18 by the Administrator, which shall be issued not later

19 than 2 years after the date of enactment of this

20 title.

21 ‘‘(4) NO EFFECT ON LIABILITY.—An excess

22 emissions penalty due and payable by the owners or

23 operators of a covered entity under this subsection

24 shall not diminish the liability of the owners or oper-

25 ators for any fine, penalty, or assessment against 461

O:\DEC\DEC09674.xml [file 5 of 5] S.L.C.

1 the owners or operators for the same violation under

2 any other provision of this Act or any other law.

3 ‘‘(c) EXCESS EMISSIONS ALLOWANCES.—The owner

4 or operator of a covered entity that fails for any year to

5 comply on the deadline described in section 722(a) or (j)

6 shall be liable to offset the covered entity’s excess com-

7 bination of greenhouse gases emitted and attributable