Summary of Waxman-Markey Draft Greenhouse Gas Legislation

Congressional research reportMay 14, 2009

Ask Donna

What actually matters in this document.

Text

Summary of Waxman-Markey Draft

Greenhouse Gas Legislation

(name redacted), Coordinator

Specialist in Energy Policy

May 14, 2009

Congressional Research Service

7-....

www.crs.gov

R40597

CRS Report for Congress

Prepared for Members and Committees of Congress

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

Summary

A discussion draft of legislation to reduce greenhouse gas emissions was released March 31,

2009, by Representative Waxman, Chairman of the House Committee on Energy and Commerce,

and Representative Markey, Chairman of the Energy and Environment Subcommittee. The draft

legislation, titled the American Clean Energy and Security Act of 2009, proposes a “cap and

trade” system to control carbon dioxide and other greenhouse gases that have been associated

with global climate change.

The proposed cap-and-trade system would cover electric utilities and other entities that together

are responsible for 85% of U.S. greenhouse gas emissions. Covered entities would need permits

(called allowances) to emit carbon dioxide and other greenhouse gases, and unused allowances

could be banked for future use or sold. The number of allowances issued each year would be

gradually reduced until greenhouse gas emissions from covered entities were cut 83% below

2005 levels in 2050.

To address concerns that greenhouse gas controls could place U.S. manufacturers at a competitive

disadvantage, the draft bill authorizes compensation to certain industrial sectors. The discussion

draft indicates that provisions to assist workers and consumers affected by the cap-and-trade

system remain to be written.

The draft bill would require retail electricity suppliers to meet a certain percentage of their power

load with electricity generated from renewable resources, starting at 6% in 2012 and gradually

rising to 25% in 2025. A state could meet up to one-fifth of that requirement with energy

efficiency measures. Deployment of “smart grid” technologies would be encouraged, as would

technologies to capture and sequester carbon emissions. Standards would be required to reduce

carbon emissions from motor vehicle fuel, and federal support for building electric vehicles

would be authorized.

Energy efficiency provisions in the draft bill include state incentives for adopting advanced

building efficiency codes, codification of appliance efficiency standards, and transportation

efficiency goals.

Several major issues are not addressed by the draft bill and are still under discussion. A key

unanswered question is how to allocate emission allowances. Industry groups contend that

allowances should initially be provided at no cost, to reduce economic disruption. Others have

proposed that allowances be auctioned to raise revenue for consumer protection, industry rebates,

and other transitional programs.

Substantial controversy is also continuing over the draft bill’s renewable energy mandate on

electricity suppliers. Regional differences in renewable energy resources have prompted criticism

that a national renewable electricity standard would be unworkable, or that the goal of 25%

renewables by 2025 is unrealistic.

Congressional Research Service

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

Contents

Introduction ................................................................................................................................1

Title I—Clean Energy .................................................................................................................2

Subtitle A—Renewable Energy Standard...............................................................................2

Sec. 101. Federal Renewable Electricity Standard ...........................................................2

Subtitle B—Carbon Capture and Sequestration .....................................................................2

Sec. 111. National Strategy..............................................................................................2

Sec. 112. Regulations for Geologic Sequestration Sites ...................................................2

Sec. 113. Studies and Reports..........................................................................................3

Sec. 114. Carbon Capture and Sequestration Demonstration and Early

Deployment Program ...................................................................................................3

Sec. 115. Commercial Deployment of Carbon Capture and Sequestration

Technologies................................................................................................................4

Sec. 116. Performance Standards for Coal-Fueled Power Plants ......................................4

Subtitle C—Clean Transportation..........................................................................................5

Sec. 121. Low Carbon Fuel Standard...............................................................................5

Sec. 122. Electric Vehicle Infrastructure ..........................................................................6

Sec. 123. Large-Scale Vehicle Electrification Program ....................................................6

Sec. 124. Plug-in Electric Drive Vehicle Manufacturing ..................................................6

Subtitle D—State Energy and Environment Development Funds ...........................................7

Sec. 131. Establishment of SEED Funds .........................................................................7

Subtitle E—Smart Grid Advancement ...................................................................................7

Sec. 142. Incorporation of Smart Grid Capability in Energy Star Program .......................7

Sec. 143. Smart Grid Peak Demand Reduction Goals .....................................................7

Sec. 144. Reauthorization of Energy Efficiency Public Information Program to

Include Smart Grid Information ...................................................................................8

Sec. 145. Inclusion of Smart-Grid Features in Appliance Rebate Program .......................8

Subtitle F—Smart Grid Advancement ...................................................................................8

Sec. 151. Transmission Planning .....................................................................................8

Subtitle G—Federal Purchases of Electricity Generated by Renewable Energy......................9

Sec. 161. Federal Purchases of Electricity Generated by Renewable Energy ....................9

Title II.........................................................................................................................................9

Subtitle A—Building Energy Efficiency Programs ................................................................9

Sec. 201. Greater Energy Efficiency in Building Codes ...................................................9

Sec. 202. Building Retrofit Program................................................................................9

Sec. 203. Energy Efficient Manufactured Homes........................................................... 10

Sec. 204. Building Energy Performance Labeling Program............................................ 10

Subtitle B—Lighting and Appliance Energy Efficiency Programs........................................ 10

Sec. 211. Lighting Efficiency Standards ........................................................................ 10

Sec. 212. Other Appliance Efficiency Standards ............................................................ 11

Sec. 213. Appliance Efficiency Determinations and Procedures ..................................... 11

Sec. 214. Best-in-Class Appliances Deployment Program.............................................. 11

Sec. 215. Purpose of Energy Star................................................................................... 12

Subtitle C—Transportation Efficiency................................................................................. 12

Sec. 221. Emissions Standards ...................................................................................... 12

Sec. 222. Greenhouse Gas Emissions Reductions Through Transportation

Efficiency .................................................................................................................. 13

Congressional Research Service

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

Sec. 223. Smartway Transportation Efficiency Program ................................................ 13

Subtitle D—Utilities Energy Efficiency............................................................................... 13

Sec. 231. Energy Efficiency Resource Standard for Retail Electricity and Natural

Gas Distributors ......................................................................................................... 13

Subtitle E—Industrial Energy Efficiency Programs ............................................................. 14

Sec. 241. Industrial Plant Energy Efficiency Standards .................................................. 14

Sec. 242. Electric and Thermal Energy Efficiency Award Programs............................... 14

Subtitle F—Improvements in Energy Savings Performance Contracts ................................. 15

Sec. 251. Energy Savings Performance Contracts ......................................................... 15

Subtitle G—Public Institutions............................................................................................ 15

Sec. 261. Public Institutions ......................................................................................... 15

Title III ─ Reducing Global Warming Potential ......................................................................... 15

Sec. 301. Short Title...................................................................................................... 15

Subtitle A ─ Reducing Global Warming Pollution ............................................................... 15

Sec. 311. Reducing Global Warming Pollution .............................................................. 15

“Title VII ─ Global Warming Pollution Reduction Program”..................................................... 15

“Part A ─ Global Warming Pollution Reduction Goals and Targets” .................................... 15

“Sec. 701. Findings and Purpose.”................................................................................. 15

“Sec. 702. Economy-Wide Reduction Goals.” ............................................................... 16

“Sec. 703. Reduction Targets for Specified Sources.” .................................................... 16

“Sec. 704. Supplemental Pollution Reductions.”............................................................ 16

‘‘Sec. 705. Scientific review.” ....................................................................................... 16

‘‘Sec. 706. Presidential response and recommendations.” .............................................. 16

‘‘Part B ─ Designation and Registration of Greenhouse Gases”........................................... 17

‘‘Sec. 711. Designation of greenhouse gases.” ............................................................... 17

‘‘Sec. 712. Carbon dioxide equivalent value of greenhouse gases.”................................ 17

‘‘Sec. 713. Greenhouse gas registry.” ............................................................................ 17

‘‘Part C ─ Program Rules” .................................................................................................. 17

‘‘Sec. 721. Emission allowances.” ................................................................................. 17

‘‘Sec. 722. Compliance obligation.” .............................................................................. 17

‘‘Sec. 723. Penalty for noncompliance.” ........................................................................ 18

‘‘Sec. 724. Trading.” ..................................................................................................... 18

‘‘Sec. 725. Banking and borrowing.”............................................................................. 18

‘‘Sec. 726. Strategic reserve.”........................................................................................ 19

‘‘Sec. 727. Permits.” ..................................................................................................... 19

‘‘Sec. 728. International emission allowances.” ............................................................. 19

‘‘Part D ─ Offsets”.............................................................................................................. 19

‘‘Sec. 731. Offsets Integrity Advisory Board.”............................................................... 19

‘‘Sec. 732. Establishment of offsets program.” .............................................................. 19

‘‘Sec. 733. Eligible project types.” ................................................................................ 20

‘‘Sec. 734. Requirements for offset projects.” ................................................................ 20

‘‘Sec. 735. Approval of offset projects.” ........................................................................ 20

‘‘Sec. 736. Verification of offset projects.” .................................................................... 20

‘‘Sec. 737. Issuance of offset credits.” ........................................................................... 20

‘‘Sec. 738. Audits.” ....................................................................................................... 20

‘‘Sec. 739. Program review and revision.”..................................................................... 20

‘‘Sec. 740. Early offset supply.” .................................................................................... 21

‘‘Sec. 741. Environmental considerations.” ................................................................... 21

‘‘Sec. 742. Ownership and transfer of offset credits.” .................................................... 21

Congressional Research Service

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

‘‘Sec. 743. International offset credits.”......................................................................... 21

‘‘Part E ─ Supplemental Emissions Reductions from Reduced Deforestation” ..................... 22

‘‘Sec. 751. Definitions.” ................................................................................................ 22

‘‘Sec. 752. Findings.”.................................................................................................... 22

‘‘Sec. 753. Supplemental emissions reductions through reduced deforestation.”............. 22

‘‘Sec. 754. Requirements for international deforestation reduction program.” ................ 22

‘‘Sec. 755. Reports and reviews.” .................................................................................. 23

‘‘Sec. 756. Legal effect of part.”.................................................................................... 23

‘‘Part F ─ Carbon Market Assurance” ................................................................................. 23

‘‘Sec. 761. Oversight and assurance of carbon markets.” ............................................... 23

Sec. 312. Definitions ..................................................................................................... 23

‘‘Sec. 700. Definitions.” ................................................................................................ 23

Subtitle B—Disposition of Allowances ............................................................................... 24

Sec. 321. Disposition of Allowances for Global Warming Pollution Reduction

Program..................................................................................................................... 24

‘‘PART H—DISPOSITION OF ALLOWANCES”............................................................... 24

‘‘Sec. 781. Allocation of allowances for supplemental reductions.”................................ 24

‘‘Sec. 782. Disbursement of allowances and proceeds from auctions of

allowances.”............................................................................................................... 24

‘‘Sec. 783-789 [Sections Reserved]” ............................................................................. 24

‘‘Sec. 790. Exchange for State-issued allowances.” ....................................................... 24

‘‘Sec. 791. Auction procedures.” ................................................................................... 24

‘‘Sec. 792. Auctioning allowances for other entities.” .................................................... 25

Subtitle C—Additional Greenhouse Gas Standards.............................................................. 25

Sec. 331. Greenhouse Gas Standards ............................................................................. 25

‘‘Title VIII—Additional Greenhouse Gas Standards” ................................................................ 25

‘‘Sec. 801. Definitions.” ................................................................................................ 25

‘‘Part A ─ Stationary Source Standards” .............................................................................. 25

‘‘Sec. 811. Standards of performance.” .......................................................................... 25

Part C ─ Exemptions from Other Programs ......................................................................... 26

‘‘Sec. 831. Criteria pollutants.” ..................................................................................... 26

‘‘Sec. 832. Hazardous air pollutants.”............................................................................ 26

‘‘Sec. 833. New source review.” .................................................................................... 26

‘‘Sec. 834. Title V permits.” .......................................................................................... 26

Sec. 332. HFC Regulation ............................................................................................. 26

Sec. 333. Black Carbon ................................................................................................. 26

‘‘Part E ─ Black Carbon” .................................................................................................... 27

‘‘Sec. 851. Black carbon.”............................................................................................. 27

Sec. 334. States ............................................................................................................. 27

Sec. 335. State Programs ............................................................................................... 27

‘‘Part F ─ Miscellaneous” ................................................................................................... 27

‘‘Sec. 861. State programs.” .......................................................................................... 27

Sec. 336. Enforcement .................................................................................................. 27

‘‘Sec. 862. Judicial review.” .......................................................................................... 27

Sec. 337. Conforming Amendments .............................................................................. 27

Title IV ─ Transitioning to a Clean Energy Economy ................................................................ 28

Subtitle A—Ensuring Domestic Competitiveness ................................................................ 28

Part 1 ─ Preserving Domestic Competitiveness ................................................................... 28

Sec. 401. Purposes ........................................................................................................ 28

Congressional Research Service

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

Sec. 402. Definitions ..................................................................................................... 28

Sec. 403. Distribution of Rebates .................................................................................. 28

Sec. 404. Reports to Congress ....................................................................................... 28

Sec. 405. Modification or Elimination of Distribution of Rebates .................................. 28

Sec. 406. Cessation of Qualifying Activities .................................................................. 28

Sec. 407. Authorization of Appropriations ..................................................................... 29

Part 2─International Reserve Allowance Program ............................................................... 29

Sec. 411. Definitions ..................................................................................................... 29

Sec. 412. Purposes ........................................................................................................ 29

Sec. 413. International Negotiations .............................................................................. 29

Sec. 414. Report to Congress and Finding ..................................................................... 29

Sec. 415. Prohibition..................................................................................................... 29

Sec. 416. International Reserve Allowance Program...................................................... 29

Subtitle B—Green Jobs and Worker Transition.................................................................... 30

Sec. 421. Clean Energy Curriculum Development Grants .............................................. 30

Sec. 422. Workforce Training and Education ................................................................. 30

Sec. 423. Wage Rate Requirements ............................................................................... 30

Subtitle C—Consumer Assistance (draft text not available) ................................................. 30

Subtitle D—Exporting Clean Technology............................................................................ 30

Sec. 451. Purposes ........................................................................................................ 30

Sec. 452. Definitions ..................................................................................................... 30

Sec. 453. Fund Establishment and Governance.............................................................. 31

Sec. 454. Determination of Eligible Countries ............................................................... 31

Sec. 455. Funding ......................................................................................................... 31

Sec. 456. Annual Reports .............................................................................................. 31

Subtitle E. Adapting to Climate Change .............................................................................. 31

Part 1. Domestic Adaptation.......................................................................................... 32

Subpart A. National Climate Change Adaptation Program ....................................... 32

Subpart B. Public Health and Climate Change......................................................... 32

Subpart C. Natural Resource Adaptation.................................................................. 32

Part 2. International Climate Change Adaptation Program ............................................. 33

Contacts

Author Contact Information ...................................................................................................... 34

Congressional Research Service

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

Introduction

A discussion draft of broad legislation to reduce greenhouse gas emissions was released March

31, 2009, by Representative Waxman, Chairman of the House Committee on Energy and

Commerce, and Representative Markey, Chairman of the Energy and Environment

Subcommittee. 1 The draft legislation, titled the American Clean Energy and Security Act of 2009,

proposes a “cap and trade” system to control carbon dioxide and other greenhouse gases that have

been associated with global climate change.

The proposed cap-and-trade system would cover electric utilities and other entities that together

are responsible for 85% of U.S. greenhouse gas emissions. Covered entities would need permits

(called allowances) to emit carbon dioxide and other greenhouse gases, and unused allowances

could be banked for future use or sold. 2 The number of allowances issued each year would be

gradually reduced until greenhouse gas emissions from covered entities were cut 83% below

2005 levels in 2050. To address concerns that greenhouse gas controls could place U.S.

manufacturers at a competitive disadvantage, the draft bill authorizes compensation to certain

industrial sectors. If the President determined that competitive imbalances persisted despite those

payments, foreign manufacturers and importers would have to purchase special allowances to

cover the carbon emissions related to their imported products. The draft bill would require retail

electricity suppliers to meet a certain percentage of their power load with electricity generated

from renewable resources, starting at 6% in 2012 and gradually rising to 25% in 2025.

Several major issues are not addressed by the draft bill and are still under discussion, such as how

to allocate emission allowances and how to assist workers and consumers affected by the capand-trade system. Substantial controversy is also continuing over the draft bill’s renewable energy

mandate on electricity suppliers.

The remainder of this report provides a brief summary of the provisions of the March 31

Waxman-Markey discussion draft. The summary focuses on general descriptions of the

discussion draft’s provisions, excluding most details and analysis. It is not designed to track the

development and evolution of greenhouse gas legislation.

This summary was prepared by CRS analysts in the following subject areas:

Carbon capture and storage, (name redacted), x7-....

Electricity grid, Stan Kaplan, x7-....

Energy efficiency, (name redacted), x7-....

Global warming adaptation, Jane Leggett, x7-....

Pollution reduction programs, (name redacted), x7-...., and Jonathan Ramseur, x7-....

Renewable energy, Richard Campbell, x7-....

Transportation, Brent Yacobucci, x7-....

1

Full text available on the Committee’s website at

http://energycommerce.house.gov/index.php?option=com_content&task=view&id=1560.

2

Each allowance would permit the emission of one metric ton of carbon dioxide equivalent.

Congressional Research Service

1

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

Title I—Clean Energy

Subtitle A—Renewable Energy Standard

Sec. 101. Federal Renewable Electricity Standard

Establishes a federal Renewable Electricity Standard to promote renewable energy production.

Under the standard, each retail electricity supplier with annual sales of 1 million megawatt-hours

(mwh) or more must earn or acquire Renewable Electricity Credits (RECs) for a portion of its

retail electricity sales. The portion begins at 6% in 2012 and rises to 25% in 2025, remaining at

that level through 2039. RECs can be traded or banked, and can be earned by producing

electricity from any “renewable energy resource,” including wind, solar, geothermal, marine or

hydrokinetic, biomass, landfill gas, or qualified hydropower. “Distributed generation”—smallscale, non-combustion power production located at consumer sites—qualifies for three RECs for

each mwh of eligible renewable electricity. Up to 20% of the RECs can be provided by

complying with the Federal Energy Efficiency Resource Standard in sec. 611 of the draft.

“Alternative compliance” payments can substitute for RECs. A new Renewable Electricity

Deployment Fund would collect alternative compliance payments and civil penalties for noncompliance; the funds would be redistributed annually to retail electric suppliers that had

submitted the required RECs. In establishing regulations for this program, the Secretary of

Energy must, to the extent practicable, incorporate and preserve best practices of existing statelevel renewable electricity programs and cooperate with states on minimizing administrative costs

and burdens.

Subtitle B—Carbon Capture and Sequestration

Sec. 111. National Strategy

Within 120 days of enactment, the Administrator of the U.S. Environmental Protection Agency

(EPA), in consultation with the Secretary of Energy and the heads of other relevant federal

agencies as the President may designate, must submit to Congress a report setting forth a unified

and comprehensive strategy to address the key legal and regulatory barriers to the commercialscale deployment of carbon capture and sequestration.

Sec. 112. Regulations for Geologic Sequestration Sites

Requires a coordinated certification and permitting process for geologic sequestration sites,

considerating all relevant statutory authorities. In establishing such an approach, the

Administrator shall take into account, and reduce redundancy with, the requirements of the Safe

Drinking Water Act and, to the extent practicable, reduce the burden on certified entities and

implementing authorities.

Not later than two years after enactment, the Administrator is to promulgate regulations to protect

human health and the environment by minimizing the risk of atmospheric release of carbon

dioxide injected for geologic sequestration, including enhanced hydrocarbon recovery combined

with geologic sequestration.

Congressional Research Service

2

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

Not later than two years after enactment, and at three-year intervals thereafter, the Administrator

is to deliver to the relevant congressional committees a report on geologic sequestration in the

United States, and to the extent relevant, other countries in North America.

Amends the Safe Drinking Water Act by inserting a provision directing the EPA Administrator to

promulgate regulations for the development, operation, and closure of carbon dioxide geologic

sequestration wells. The regulations are to include requirements for maintaining evidence of

financial responsibility for emergency and remedial response, well-plugging, site closure, postinjection site care, and related activities.

Sec. 113. Studies and Reports

Within 18 months, requires a report on the legal framework for geologic sequestration sites by a

task force composed of an equal number of subject matter experts, nongovernmental

organizations with expertise in environmental policy, academic experts with expertise in

environmental law, state officials with environmental expertise, representatives of state attorneys

general, and members of the private sector. The task force is to conduct a study of existing

federal environmental statutes, state environmental statutes, and state common law that apply to

geologic sequestration sites for carbon dioxide.

Requires a study of carbon dioxide transportation by the Department of Energy (DOE), the

Federal Energy Regulatory Commission (FERC), and other relevant federal agencies to assess the

need for and barriers to the construction and operation of pipelines to transport carbon dioxide for

sequestration or enhanced hydrocarbon recovery. The Secretary of Energy is to consider barriers

or potential barriers, and regulatory, financing, or siting options that would mitigate market risks

or help ensure the construction of pipelines dedicated to transporting carbon dioxide for

sequestration or enhanced hydrocarbon recovery. Within 180 days after enactment, the Secretary

is to submit a report describing the results of the study to the relevant congressional committees.

Sec. 114. Carbon Capture and Sequestration Demonstration and Early

Deployment Program

Authorizes a Carbon Storage Research Corporation to establish and administer a program to

accelerate the commercial availability of carbon dioxide capture and storage technologies and

methods. The program is to include competitively awarded grants, contracts, and financial

assistance to electric utilities, academic institutions, and other eligible entities. The corporation is

to be established as follows:

Qualified industry organizations may conduct, at their own expense, a referendum among the

owners or operators of distribution utilities delivering fossil fuel-based electricity for the

creation of a Carbon Storage Research Corporation. Such referendum shall be conducted by

an independent auditing firm agreed to by the qualified industry organizations. Upon

approval of those persons representing two-thirds of the total quantity of fossil fuel-based

electricity delivered to retail consumers, the Corporation shall be established unless opposed

by the State regulatory authorities. If 40 percent or more of the State regulatory authorities

submit to the independent auditing firm written notices of opposition, the Corporation shall

not be established notwithstanding the approval of the qualified industry organizations. The

Corporation shall operate as a division or affiliate of the Electric Power Research Institute

and be managed by a Board of not more than 15 voting members responsible for its

operations. EPRI, in consultation with the Edison Electric Institute, the American Public

Congressional Research Service

3

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

Power Association and the National Rural Electric Cooperative Association, shall appoint

the Board members from among candidates recommended by those organizations.

The section establishes requirements for board members, compensation, and terms of service.

Provides descriptions of the status of corporations, functions and administration of the

corporation, and details of corporation administration, including the use of grants and contracts,

intellectual property issues, budgeting, record keeping, audits, and reports.

Provides assessment rates as follows:

Fuel type

Rate of assessment per kilowatt hour

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

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

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

This section provides specific provisions for the Electric Reliability Council of Texas (ERCOT),

including the corporation factors listed above. Methods are specified for determining fossil-fuelbased electricity deliveries.

Within five years, the Comptroller General of the United States must prepare an analysis and

report to Congress assessing the Corporation’s activities, including project selection and methods

of disbursement of assessed fees, impacts on the prospects for commercialization of carbon

capture and storage technologies, and adequacy of funding.

Establishes a technical advisory committee to provide independent assessments and technical

evaluations, as well as make non-binding recommendations to the Board, concerning Corporation

activities and describes its role and management.

Sec. 115. Commercial Deployment of Carbon Capture and Sequestration

Technologies

Not later than two years after the date of enactment, the EPA Administrator is to promulgate

regulations establishing a program to distribute authorized funds to support the commercial

deployment of carbon capture and sequestration technologies in both electric power generation

and appropriate industrial operations. Eligibility for funds requires: an electric generating unit

that has a nameplate capacity of 250 megawatts or more and derives at least 50% of its annual

fuel input from coal, petroleum coke, or any combination of these fuels; or an industrial source

that, absent carbon capture and sequestration technology, would emit over 250,000 tons per year

of carbon dioxide equivalent. The section provides mechanisms and conditions for distribution of

funds.

Sec. 116. Performance Standards for Coal-Fueled Power Plants

Amends title VIII of the Clean Air Act (CAA) by adding performance standards for new coalfired power plants. Plants covered by this section include plants that have a permit issued under

CAA title V to derive at least 30% of their annual heat input from coal, petroleum coke, or any

combination of these fuels. A covered unit that is finally permitted after January 1, 2009, shall

emit no more than 1,100 pounds of carbon dioxide per mwh. A covered unit that is finally

permitted after January 1, 2020, shall emit no more than 800 pounds of carbon dioxide per mwh,

Congressional Research Service

4

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

or meet any more stringent standard that the Administrator may establish. Compliance is required

by the earliest of the following:

•

four years after the Administrator issues a determination that there are in

commercial operation in the United States electric generating units equipped with

carbon capture and sequestration technology that, in the aggregate, have a total of

at least 2.5 gigawatts of nameplate generating capacity; and are capturing and

sequestering in the aggregate at least 5 million tons of carbon dioxide per year;

•

four years after the Administrator issues a determination that there are in

commercial operation worldwide electric generating units equipped with carbon

capture and sequestration technology that, in the aggregate, have a total of at

least 5 gigawatts of nameplate generating capacity; and are capturing and

sequestering in the aggregate at least 10 million tons of carbon dioxide per year;

•

January 1, 2025.

Not later than 2025 and at five-year intervals thereafter, the Administrator is to review the

standards for new covered units under this section and shall reduce the maximum carbon dioxide

emission rate for new covered units to a rate which reflects the degree of emission limitation

achievable through the application of the best system of emission reduction which the

Administrator determines has been adequately demonstrated.

Subtitle C—Clean Transportation

Sec. 121. Low Carbon Fuel Standard

Requires the EPA Administrator to promulgate regulations to reduce the lifecycle greenhouse gas

(GHG) emissions per unit of energy from transportation fuel. “Transportation fuel” includes fuels

for motor vehicles and engines, nonroad vehicles and engines, and aircraft. At the

Administrator’s discretion, this “Low Carbon Fuel Standard” (LCFS) program may also include

fuel for use in ocean-going vessels. After 2022, the renewable fuel standard (RFS) established by

the Energy Policy Act of 2005 (P.L. 109-58) and expanded by the Energy Independence and

Security Act of 2007 (P.L. 110-140) is eliminated.

Not later than three years after enactment, the Administrator must determine the baseline

emissions intensity of transportation fuel for calendar year 2005. For each year from 2014

through 2022, the transportation fuel GHG emissions per unit energy must not exceed the

baseline. After 2022, lifecycle emissions per unit of energy must be 5% below the baseline. For

2030 and later, emissions must be 10% below the baseline. Regulations may not include a pergallon emissions requirement, but must be based on average emissions intensity.

Fuel providers may generate credits for achieving greater reductions than required. The

Administrator may determine conditions for the use, duration, and trading of credits. The

Administrator may (but is not required to) grant credits for producing electricity used as

transportation fuel. A fuel provider not in compliance for a given year may carry a deficit forward

to the following year as long as the deficit is offset in that year.

If the Administrator determines that implementation of the LCFS would severely harm the

economy or environment of the United States, or if there is inadequate domestic supply of lowcarbon fuel, the Administrator may revise the percentage reduction requirement in a given year. A

Congressional Research Service

5

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

waiver decision may be granted in response to a petition by any state or fuel provider, or by the

Administrator’s own motion.

Sec. 122. Electric Vehicle Infrastructure

Electric utilities are required to develop plans to support the use of plug-in hybrid vehicles

(PHEVs) and pure plug-in electric vehicles (EVs), including heavy-duty hybrids. Plans may

include deployment of charging stations, battery exchanges, fast-charging infrastructure, and

triggers for development based on vehicle market penetration. Infrastructure should be

interoperable with products from all manufacturers, to the extent practicable. State regulatory

authorities and utilities must establish protocols and standards for integrating plug-in vehicles into

the electrical distribution system, and include the ability for each vehicle to be identified

individually and associated with its owner’s electric utility account, for the purposes of billing of

electricity use and the crediting of any power returned to the grid by the vehicle’s batteries.

Within one year of enactment, state regulatory authorities must set a hearing date for considering

the plan, and must make a determination on new standards within two years of enactment. State

regulatory authorities must consider whether to allow cost recovery for the development and

implementation of such plans.

Sec. 123. Large-Scale Vehicle Electrification Program

Requires the Secretary of Energy to establish a program to deploy and integrate plug-in vehicles

in multiple regions. Any state or local government—either solely or jointly with electric utilities,

automakers, technology providers, car sharing companies, or other entities—may apply to the

Secretary for financial assistance. The Secretary is to determine the design elements and

requirements for the program, including the type of financial assistance provided. Financial

assistance may be used for various purposes: assisting in the purchase of new vehicles;

deployment of recharging or battery exchange infrastructure; integration of plug-in vehicles into

the grid; and other projects the Secretary deems appropriate to support large-scale deployment of

plug-in vehicles.

Sec. 124. Plug-in Electric Drive Vehicle Manufacturing

Requires the Secretary of Energy to establish a program to provide financial assistance to

automobile manufacturers to facilitate the manufacture of plug-in vehicles. The Secretary may

provide assistance for the reconstruction or retooling of vehicles developed and produced in the

United States, and for the purchase of domestically produced batteries for such vehicles.

However, assistance may be granted only if the manufacturer is unable to finance the project

without such assistance. The Secretary is to determine the design elements and requirements for

the program, including the type of financial assistance provided. The Secretary is to give

preference to facilities located in areas that have the greatest need for the facility.

Congressional Research Service

6

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

Subtitle D—State Energy and Environment Development Funds

Sec. 131. Establishment of SEED Funds

Directs the Department of Energy (DOE) to create a program that allows each state energy office

to establish a State Energy and Environment Development (SEED) Fund. The state-level SEED

Fund is to serve as a common repository that manages and accounts for federal financial

assistance that is designated mainly for clean energy, energy efficiency, and climate change

purposes. DOE is required to develop model regulations for SEED operations and to assist states

with set-up and operations.

Each state is allowed to deposit into its SEED Fund the appropriations from DOE’s

Weatherization Assistance Program (WAP), State Energy Program (SEP), and Energy Efficiency

and Conservation Block Grant (EECBG) Program. Also, appropriations from the Department of

Health and Human Services’ Low Income Home Energy Assistance Program (LIHEAP) could be

deposited in the SEED Fund. To the extent that amounts deposited in a SEED Fund are not tied

to a specific use, such amounts may be used to support grants, loans, loan interest subsidies, and

revolving loan programs.

Subtitle E—Smart Grid Advancement

Sec. 142. Incorporation of Smart Grid Capability in Energy Star Program

Directs the Energy Secretary and EPA Administrator to evaluate appliances with smart grid

capability for inclusion in the Energy Star appliance labeling program. Although not specifically

defined in the section, the smart grid capable appliances are presumably appliances able to

communicate with a home’s smart meter (either through a wired or wireless connection). The

smart meter collects information on the home’s electricity usage and communicates with the local

utility’s control center. In the most advanced smart grid concept, these linkages allow the utility

to directly regulate the consumer’s home appliances during periods when electricity is expensive

and/or scarce. For example, during peak periods on a hot day, when power is costly, the utility

could cycle the consumer’s air conditioner on and off, and/or change the thermostat setting in a

residence.

Smart grid-capable appliances found cost-effective are to be appropriately labeled. The labeling

would indicate that the savings associated with the smart capability will only be available to the

consumer if the consumer’s utility has deployed other smart grid technology (e.g., the smart

meters) on its system. The smart grid appliance analysis is to be completed within three years of

enactment and the results reported to Congress. It is not clear if this appliance analysis is to be a

one-time or ongoing effort.

Sec. 143. Smart Grid Peak Demand Reduction Goals

Requires load serving entities (i.e., utilities that sell electricity directly to customers) to establish

and meet goals reducing peak electricity demand for the years 2012 and 2015. No targets are set

in the draft bill itself, except that the goals should be “realistically achievable with an aggressive

effort to deploy Smart Grid and peak demand reduction technologies and methods. This provision

Congressional Research Service

7

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

is mandatory for load serving entities with an annual baseline peak demand of at least 250

megawatts (equivalent to the output of a single medium-sized power plant).

Goals can be set by individual load-serving entities, by states, or by “regional entities.”3 The

goals can be designed to cover a single load-serving entity or a region. Although this section is

under the smart grid rubric, many of the listed measures for achieving peak demand reductions do

not necessarily require deployment of smart grid technology. These include, for example, utility

ability to cycle demand at industrial facilities that have signed up for demand response programs

(in which they receive lower rates in return for giving the utility the option of interrupting

service), and power supply from distributed generation.4 Other options, such as direct control of

residential appliances, do require smart grid technology.

FERC is ordered to implement this program in coordination, to the extent possible, with state

demand response and peak reduction programs. There is no penalty for a load-serving entity’s

failure to reach goals, except for being identified in annual progress reports to Congress. The bill

authorizes grant programs to help states and other entities achieve the peak reduction aim.

Sec. 144. Reauthorization of Energy Efficiency Public Information Program to

Include Smart Grid Information

Modifies an energy efficiency public information program authorized by the Energy Policy Act of

2005 to make it into a smart grid and energy efficiency program. In addition to the change in

emphasis, the end-date for the program is extended from 2010 to 2020.

Sec. 145. Inclusion of Smart-Grid Features in Appliance Rebate Program

Modifies an energy efficiency appliance rebate program authorized by the Energy Policy Act of

2005 to add appliances with smart grid capabilities. The section also amends the original

language generally such that federal money can be used to fund 100% of the rebate amount

instead of just administrative costs (states must still supply at least 50% of administrative costs).

Subtitle F—Smart Grid Advancement

Sec. 151. Transmission Planning

Amends the Federal Power Act to create a new voluntary transmission planning process. FERC is

to establish planning principles, receive all plans (effectively combining regional plans into superregional or national plans), and attempt to resolve conflicts between plans. It is also to report to

Congress on the status of the planning efforts three years after enactment and can recommend

legislative changes to facilitate development of the transmission system. Does not direct FERC to

3

The term regional entity is not defined in the bill. It could refer to the FERC-sponsored Regional Transmission

Organizations that operate the transmission grid and perform other functions in parts of the United States. The term

could also refer to the regional reliable entities that assist the North American Electric Reliability Corp. in establishing

and enforcing power system reliability standards. It also not clear how the states, load-serving entities, and regional

entities are supposed to coordinate the process of setting peak reduction goals.

4

This is generation owned by the customer and located at the customer’s site. Distributed generation ranges from

rooftop solar on a home to large generating facilities located at big manufacturing plants.

Congressional Research Service

8

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

select federally sponsored regional planning entities, does not give transmission projects included

in final transmission plans any special benefits, and is not mandatory.

The planning processes are directed to focus primarily on facilitating the “deployment of

renewable and other zero-carbon” power sources. Other objectives are noted, such as power

system reliability and cost-effective service, but these are to be met in the context of the

overarching goal of facilitating renewable/zero-carbon power deployment.

Specifies that the transmission planning processes should consider non-transmission solutions to

power system needs, such as energy efficiency, distributed generation, and electricity storage.

These requirements implicitly turn transmission planning into wider scope power system

planning.

FERC is to establish planning principles within a year after enactment, and participants in the

process are to submit plans to FERC no more than 18 months later. FERC is to report to

Congress as noted above not more than three years after enactment. The draft authorizes funding

as necessary for FERC to assist the planning process with, for example, technical expertise,

computer modeling support, and dispute resolution services.

Subtitle G—Federal Purchases of Electricity Generated by

Renewable Energy

Sec. 161. Federal Purchases of Electricity Generated by Renewable Energy

In general, federal government agencies may contract to acquire renewable energy for periods up

to 30 years, as long as the renewable energy is not generated from municipal solid waste. The

Federal Energy Management Program is to publish a standardized contractual agreement with

terms and conditions for purchase of renewable energy by federal agencies.

Title II

Subtitle A—Building Energy Efficiency Programs

Sec. 201. Greater Energy Efficiency in Building Codes

Requires DOE to update the national model building energy codes at least once every three years.

The target for nationwide energy savings is set 30% higher than the baseline for updates released

after enactment, and then rises to 50% for updates released after January 1, 2016. All model code

updates are coordinated with updates of specified industry standards. Federal training and funding

assistance is provided to states that adopt advanced building efficiency codes. States are required

to certify their code updates and code compliance with DOE.

Sec. 202. Building Retrofit Program

Creates a Retrofit for Energy and Environmental Performance (REEP) program to facilitate the

retrofitting of existing buildings nationwide to achieve maximum cost-effective energy efficiency

Congressional Research Service

9

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

improvements and significant improvements in water use and other environmental attributes. EPA

is charged with one part of the program: developing standards for a retrofit policy for singlefamily and multi-family residences. In creating and operating the residential REEP program, EPA

is required to use existing programs, especially the Energy Star for Buildings program.

DOE is charged with another part of the REEP program: developing standards for a retrofit policy

for commercial buildings. In creating and operating the commercial REEP program, DOE is

required to use existing programs, including delegating authority to the Director of Commercial

High-Performance Green Buildings (established under 42 U.S.C. 17081) to designate and fund a

High-Performance Green Building Partnership Consortium.

Provides federal financial assistance to be deposited in each state’s SEED Fund (sec. 131). DOE

is required to administer financing for the REEP program. State and local agencies would have

broad flexibility in REEP program operations.

Sec. 203. Energy Efficient Manufactured Homes

Authorizes DOE grants to states to provide rebates to low-income families residing in pre-1976

manufactured homes. The rebate could be applied only toward the purchase of a new Energy Starrated manufactured home. The value of the rebates is capped at $7,500.

Sec. 204. Building Energy Performance Labeling Program

Directs EPA to establish a building energy performance labeling program that would apply

broadly to residential and commercial building markets. The goal is to encourage owners and

occupants to reduce energy use. EPA is required to consider existing programs, such as the Home

Energy Rating System and DOE programs. Also, EPA is required to develop model performance

labels for residential and commercial buildings and to use incentives and other means to spur the

use of labels by public and private sector buildings.

Subtitle B—Lighting and Appliance Energy Efficiency Programs

Sec. 211. Lighting Efficiency Standards

Sets four lighting standards. First, manufacturers of outdoor luminaires are required to achieve a

minimum lighting efficiency of 50 lumens per watt by January 1, 2012, 70 lumens per watt by

January 1, 2013, and 80 lumens per watt by January 1, 2015. By January 1, 2017, DOE is

required to issue a final rule to amend that standard to “the maximum level that is technically

feasible and economically justified.” The amended standard would take effect by January 1, 2020.

Second, manufacturers of outdoor high output lamps are required to achieve a standard of 45

lumens per watt by January 1, 2012. Third, manufacturers of portable light fixtures are required

by January 1, 2012, to either meet Energy Star requirements for residential light fixtures or meet a

minimum efficiency of 29 lumens per watt for LED light fixtures. DOE is required to publish

amended standards by January 1, 2014, that would take effect on January 1, 2016. Fourth, certain

technical requirements are set for art work light fixtures; and DOE is required to establish

standards for certain incandescent reflector lamps, which would take effect three years after the

law is enacted.

Congressional Research Service

10

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

Sec. 212. Other Appliance Efficiency Standards

Sets four efficiency standards for certain commercial appliances, in addition to existing standards

for a number of other types of residential and commercial equipment. First, by January 1, 2012,

water dispensers are required to have a maximum standby energy use of 1.2 kilowatt-hours per

day. Second, by January 1, 2012, commercial hot food holding cabinets are required to have a

maximum idle energy use rate of 40 watts per cubic foot of interior volume. Third, by January 1,

2012, portable electric spas are required to have a maximum standby power use set by formula

that depends on the volume of the spa. DOE is directed to consider revisions to each of the

foregoing three standards and publish a final rule by January 1, 2013. Revised standards would

take effect on January 1, 2016. Fourth, efficiency standards are set for commercial furnaces with

an input heat rate of 225 thousand Btu per hour. Gas-fired furnaces are required to have a

minimum combustion efficiency of 80% and oil-fired furnaces would have a minimum

combustion efficiency of 81%.

Sec. 213. Appliance Efficiency Determinations and Procedures

Revises the criteria for prescribing new or amended standards to include the estimated value of

reduced emissions of carbon dioxide and other greenhouse gases; the estimated impact on

average consumer energy prices; and the estimated energy efficiency attributable to Smart Grid

technologies. Further, the criteria would require that the carbon output of each covered product be

included on the EnergyGuide labels.

Other criteria for prescribing new or amended standards would require information about the

commercial availability of products that meet higher standards; the standard’s potential creation

of a serious hardship on consumers or manufacturers; and the potential to avoid hardship through

the prescription of regional standards.

Requires manufacturers of covered products to submit annual reports and information to DOE

regarding compliance, economic impact, annual shipments, facility energy and water use, and

sales data that could support an assessment of the need for regional standards.

Clarifies the definition of “energy conservation standard” to include energy efficiency for some

covered equipment, water efficiency for some covered equipment, and both energy and water

efficiency for still other equipment.

Directs that state and local building codes use appliance efficiency requirements that are no less

stringent than those set by federal standard.

Revises other definitions and provisions, including the use of test procedures adopted elsewhere,

updated test methods for televisions, a state waiver, waiver of federal preemption, and permitting

states to seek injunctive enforcement.

Sec. 214. Best-in-Class Appliances Deployment Program

Directs DOE to establish a deployment program to reward retailers with bonuses for increasing

the sales of best-in-class high-efficiency installed building equipment, high-efficiency consumer

electronics, and high-efficiency household appliance models. The goal of the program is to reduce

life-cycle costs for consumers, encourage innovation, and maximize energy savings and public

Congressional Research Service

11

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

benefits. DOE would determine the size of the bonus payments. The best-in-class products would

include no more than 10% of the most efficient product models in a class, and that group must

show a “distinctly greater” efficiency than the average for that class. Further, DOE would review

the class annually and make upward adjustments in the criteria as appropriate.

In parallel, DOE is to establish bounties to retailers for replacing and recycling old, inefficient,

and environmentally harmful appliances. The size of the bounty is based on the increment of

energy use above that for an average new product. DOE is allowed to require that a product bonus

be accompanied by retirement of old products. Also, DOE is required to ensure that no product

receiving a bounty is returned to active service.

A bonus program is established for manufacturers that develop new “superefficient best-in-class”

products. The structure of the program and calculation of bonuses is similar to that for the retail

sector. DOE would have the authority to establish a standard, even if no product existed yet, if it

determined that a mass-producible product could be made to meet the standard. Products that

receive a sec. 45M federal tax credit would not be eligible for bonus payments.

Sec. 215. Purpose of Energy Star

Defines the purpose of the Energy Star program as “to assist consumers in selecting products for

purchase that have demonstrated high energy efficiency and that are cost-effective from the

consumer’s perspective, ensuring that any incremental cost attributable to the energy-efficient

features of such products will be more than recovered in the value of energy savings the products

will make possible within several years of purchase, typically within 2 years but no more than 5

years.’’

Subtitle C—Transportation Efficiency

Sec. 221. Emissions Standards

Requires the President to use all current statutory authorities to set motor vehicle GHG standards.

Standards must be achievable by automakers, harmonize Corporate Average Fuel Economy

(CAFE) standards with any standards set by the EPA Administrator under the Clean Air Act,

achieve emissions reductions at least as much as those required by California under its current

vehicle GHG standards, and not preempt California’s authority to adopt and enforce new

emissions standards.

The EPA Administrator is also required to establish GHG standards for heavy-duty vehicles and

engines, non-road vehicles and engines (including locomotives and marine vessels), and aircraft.

Such standards must be based on various factors, including the relative contribution to GHG

emissions from that class of vehicles, the costs of achieving reductions, technology available to

meet the standards, and the effects on safety and energy consumption. The Administrator is

granted the authority to establish provisions for averaging, banking, and trading emissions

reduction credits within or across classes of vehicles and engines.

Congressional Research Service

12

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

Sec. 222. Greenhouse Gas Emissions Reductions Through Transportation

Efficiency

States must submit to EPA goals and plans to stabilize transportation-related GHG emissions in a

“designated year” (determined by the state) and reduce emissions in subsequent years. States

must consider establishing 2010 as the designated year, and must update goals every four years. If

a state fails to submit goals or a plan, the EPA Administrator may prohibit the awarding of federal

highway funds.

Metropolitan planning organizations (MPOs) in areas with population exceeding 200,000 must

update transportation plans and transportation improvement programs (TIPs) to achieve such

goals. The EPA Administrator may award competitive grants to MPOs to develop or implement

submitted plans. The Administrator is required to give priority to applicants based on total or per

capita GHG reductions, and other factors the Administrator deems appropriate.

Sec. 223. Smartway Transportation Efficiency Program

Codifies EPA’s existing SmartWay program (established under EPA’s existing authority). The

Administrator is required to quantify, demonstrate, and promote the benefits of technologies,

products, fuels, and strategies to reduce petroleum consumption, air pollution, and GHG

emissions from mobile sources. The Administrator must develop measurement protocols for fuel

consumption and emissions reductions, thresholds for designating SmartWay technologies and

strategies, develop programs to promote best practices, and promote the availability and adoption

of SmartWay technologies and strategies. The Administrator is required to establish a SmartWay

Transport Partnership to promote the efficient shipment of goods.

Requires the EPA Administrator to establish a SmartWay Financing Program. Entities receiving

funds are required use the funds to provide flexible loan and lease terms to public and private

entities for the financing of low-GHG technologies and strategies. The Administrator is to

determine the type of financial mechanism, the designation of eligible entities, and criteria for

evaluating applications.

Subtitle D—Utilities Energy Efficiency

Sec. 231. Energy Efficiency Resource Standard for Retail Electricity and

Natural Gas Distributors

Adds a new sec. 611 to the Public Utility Regulatory Policies Act of 1978 (PURPA) to require all

but the smallest gas and electric utilities to take steps to achieve energy efficiency goals

established by the federal government:

•

a reduction of electricity demand of 15% by 2020; and

•

a reduction of natural gas demand of 10% by 2020.

Sets annual savings goals for 2012 through 2020. Annual objectives for years after 2020 are to be

established beginning in 2018 by the Secretary of Energy. Provides for mid-course corrections to

the initial set of objectives in 2014 and every ten years thereafter, but only to increase the targeted

savings.

Congressional Research Service

13

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

Requires DOE to establish regulations for the program, including the technical means of verifying

the savings. DOE is also to review annually a report from each utility demonstrating that it has

achieved that year’s savings target. (Since there will be at least hundreds of such reports, this

implies a significant administrative burden for DOE.) Utilities that fail to meet goals have to pay

substantial civil penalties on each mwh of electricity and million Btus of natural gas not saved.

As part of its annual review of utility reports, DOE is to verify not only that the targeted savings

have been achieved, but that the utility actually “played a significant role in achieving the claimed

savings. However, there is no requirement for state utility commissions, which regulate utility

retail activities, to allow utilities to adjust their rates to recover the costs of energy efficiency

programs. Not addressed is the issue that if a utility achieves a 15% reduction in energy sales, it

will incur, other things being equal, a 15% reduction in revenues and profits.5

Authorizes utilities to purchase energy savings through bilateral contracts with other utilities

(except that, without special state permission, the buyer and seller must serve the same state).

Does not create a market in energy efficiency credits, analogous to some existing markets in air

pollution reduction credits. DOE can delegate administration of the program to states, with state

implementation to be reviewed roughly every four years.

Subtitle E—Industrial Energy Efficiency Programs

Sec. 241. Industrial Plant Energy Efficiency Standards

Directs DOE to develop industrial plant energy efficiency certification standards as part of the

existing DOE program of developing American National Standards Institute (ANSI) accredited

standards for industrial benchmarking, and would seek ANSI accreditation of such standards.

Sec. 242. Electric and Thermal Energy Efficiency Award Programs

Directs DOE to establish a monetary award program for owners and operators of electric power

generation facilities and thermal energy production facilities that use fossil or nuclear fuels. The

award is to encourage innovative means for recovering thermal energy as a potentially useful

byproduct of electric power generation or certain other electric or thermal energy production

processes. The award is capped at the value of 25% of the energy projected to be recovered or

generated during the first five years of facility operation that uses the innovative method. Further,

DOE is directed to provide appropriate regulatory status for thermal energy byproduct businesses

of regulated electric utilities. Owners and operators of electric and thermal energy facilities are

eligible for SEED Fund loans for initial capital.

5

Some states have implemented “decoupling,” a rate structure that disconnects utility sales and profitability to

eliminate disincentives for conserving energy. This is currently more common for natural gas utilities than for electric

utilities. The draft bill does not include a decoupling provision.

Congressional Research Service

14

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

Subtitle F—Improvements in Energy Savings Performance

Contracts

Sec. 251. Energy Savings Performance Contracts

Amends the National Energy Conservation Policy Act (42 U.S.C. 8287(a)) to require competition

for task or delivery orders under energy savings performance contracts.

Subtitle G—Public Institutions

Sec. 261. Public Institutions

Amends the National Energy Conservation Policy Act (42 U.S.C. 8287(a)) to specifically include

not-for-profit hospitals or not-for-profit inpatient health facilities or designated agents, and

changes the financial limit from $1,000,000 to $2,500,000.

Title III ─ Reducing Global Warming Potential

Sec. 301. Short Title

Provides suggested title ─ “Safe Climate Act.”

Subtitle A ─ Reducing Global Warming Pollution

Sec. 311. Reducing Global Warming Pollution

Amends the Clean Air Act (42 U.S.C. 7401 et seq.) by adding title VII, below.

“Title VII ─ Global Warming Pollution Reduction

Program”

“Part A ─ Global Warming Pollution Reduction Goals and Targets”

“Sec. 701. Findings and Purpose.”

Identifies threats posed by global warming. Highlights scientific studies that find links between

manmade greenhouse gas (GHG) emissions and global warming. Determines that GHG emission

control is vital to the mitigation of global warming and its impacts, some of which are listed.

States that U.S. action is critical to engage other nations in international efforts. Names purpose

as prevention, reduction, and mitigation of global warming and its impacts, to be accomplished

by establishing a emissions trading market and advancing clean energy and efficiency

technologies.

Congressional Research Service

15

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

“Sec. 702. Economy-Wide Reduction Goals.”

Lists GHG emission reduction goals as:

1. in 2012, U.S. GHG emissions not to exceed 97% of 2005 GHG emissions

2. in 2020, U.S. GHG emissions not to exceed 80% of 2005 GHG emissions

3. in 2030, U.S. GHG emissions not to exceed 58% of 2005 GHG emissions

4. in 2050, U.S. GHG emissions not to exceed 17% of 2005 GHG emissions

“Sec. 703. Reduction Targets for Specified Sources.”

Directs EPA, no later than two years after enactment, to promulgate regulations that cap and

reduce GHG emissions from capped sources so that the emission reduction goals in sec. 702 are

applied to capped sources. For example, in 2012, GHG emissions from capped sources should not

exceed 97% of GHG emissions from such sources in 2005.

“Sec. 704. Supplemental Pollution Reductions.”

Instructs EPA to allot emission allowances to support international deforestation reduction efforts.

Between 2012 and 2025, EPA is to transfer (per sec. 781) up to 5% of each year’s emission

allowances to nations that enter into and implement agreements (pursuant to Part E) relating to

reduction of deforestation. The allotted percentage decreases to 3% between 2026 and 2030 and

2% between 2031 and 2050. The section’s objective is to support emission reductions (through

avoided deforestation) that is outside of and additional to those required by the U.S. emissions

cap. For example, the 2020 goal is to achieve reductions equivalent to 10% of U.S. emissions in

2005.

‘‘Sec. 705. Scientific review.”

Establishes process for scientific review to be conducted by the National Academy of Sciences

(NAS). NAS is to prepare a report by July 1, 2012, and every four years thereafter. The report

will include an analysis of (1) latest climate change science, (2) technological feasibility of GHG

emission mitigation efforts, and (3) domestic and international efforts to mitigate climate change.

(The first report will examine only the latest scientific information.) This section provides

considerable detail regarding what the NAS is to provide in its reports, including

recommendations and identification of improvements.

‘‘Sec. 706. Presidential response and recommendations.”

Directs federal agencies ─ by July 1, 2017, and every four years thereafter ─ to address shortfalls

identified in the periodic NAS reports (sec. 705). If NAS report finds that emission reduction

targets (or atmospheric concentration or safe temperature thresholds) are not on schedule, the

President is to submit a plan outlining additional domestic and international reduction efforts or

legislative recommendations that would address these concerns.

Congressional Research Service

16

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

‘‘Part B ─ Designation and Registration of Greenhouse Gases”

‘‘Sec. 711. Designation of greenhouse gases.”

Designates the following gases as GHGs: (1) carbon dioxide, (2) methane, (3) nitrous oxide, (4)

sulfur hexafluoride, (5) hydrofluorocarbons emitted as a byproduct, (6) a perfluorocarbon, (7)

nitrogen trifluoride. Sets up process by which EPA can designate other GHGs. Allows for any

person to petition EPA for other manmade gases to be added as GHGs.

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

Lists the carbon dioxide equivalents of other GHGs. For example, one metric ton of methane

equals 25 metric tons of carbon dioxide equivalent. Directs EPA to periodically review, not later

than February 1, 2017, and every five years thereafter, the carbon dioxide equivalent values.

Establishes process by which EPA can revise the values.

‘‘Sec. 713. Greenhouse gas registry.”

Directs EPA, no later than six months after enactment, to establish a federal GHG emission

registry. The registry will include data on (1) GHG emissions, (2) production/importation of fuels

and products that lead to GHG emissions, and (3) electricity delivered to carbon-intensive

industries. Reporting entities, including covered entities and other entities that EPA determines

will help achieve overall goals of title VII, must submit 2007-2010 data by March 31, 2011. For

calendar year 2011 and each subsequent year, reporting entities will submit quarterly data. In

creating the registry, EPA is to consider best practices from ongoing state and regional efforts.

EPA is to disseminate the data to states and tribes and publish the data online as soon as

practicable.

‘‘Part C ─ Program Rules”

‘‘Sec. 721. Emission allowances.”

Instructs EPA to establish a specific quantity of emission allowances (the cap), starting in 2012,

based on the table provided in sec. 721(e). Each allowance will have a unique identification

number. From a legal standpoint, neither emission allowances, compensatory allowances,

strategic reserve allowances, nor offset credits constitute a property right. EPA may adjust the

annual caps, if specified assumptions are subsequently found to be inaccurate, such as 2005

emission levels and percentage of emissions from covered sources. Directs EPA to promulgate

regulations to establish a process of providing compensatory allowances for several activities,

including the use of fossil fuels (e.g., asphalt or plastic manufacturing) that does not lead to

emissions.

‘‘Sec. 722. Compliance obligation.”

Requires covered entities, starting April 1, 2013, and each year thereafter, to have one emission

allowance for each ton of carbon dioxide equivalent of GHGs that were either, depending on the

type of covered entity, (1) directly emitted by the entity in the previous year or (2) emitted

Congressional Research Service

17

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

downstream in the economy in relation to a covered entity’s GHG inputs (e.g., fossil fuels) that

were produced or imported for sale or distribution in the previous year. EPA will retire the held

allowances after the annual deadline has passed. Covered entities are defined specifically in sec.

700 but include electricity generators, various fuel producers and importers, fluorinated gas

producers and importers, geological sequestration sites, various industrial sources, and local

distribution companies (LDCs) that deliver natural gas. Compliance provisions are phased in by

entity: most entities start compliance in 2012; industrial stationary sources begin compliance in

2014; LDCs begin in 2016.

EPA must review the emission threshold for relevant covered entities in 2020 (and every eight

years thereafter). EPA may lower the emission threshold, which currently stands at 25,000

tons/year, to not less than 10,000 tons/year, after considering various factors, such as costeffectiveness.

Covered entities can use offset credits to satisfy compliance. Offsets are discounted: 1.25 offsets

equals one emission allowance. In 2012, approximately 30% of an entity’s allowance obligation

can be satisfied with offsets (half from domestic and half from international sources). This

percentage increases to 66% by 2050. Entities may also satisfy compliance with international

emission allowances or compensatory allowances.

EPA must launch an education and outreach program to assist covered entities with compliance

obligations.

‘‘Sec. 723. Penalty for noncompliance.”

Establishes penalties for noncompliance. A covered entity must pay a penalty to EPA for each

allowance the entity should have held at the compliance deadline. The penalty amount equals the

emissions generated in excess to the allowances held multiplied by twice the fair market value for

emission allowances in the relevant calendar year. In addition, covered entities must submit, in

the following calendar year or other time period determined by EPA, allowances to cover the

excess emissions from the previous year.

‘‘Sec. 724. Trading.”

Ensures that emission trading will not be restricted. Allows for both covered and non-covered

entities to hold allowances. Holders of allowances may ask the EPA to retire the allowance.

Allowance transfers are not effective until EPA receives written certification in accordance with

regulations required by sec. 721.

‘‘Sec. 725. Banking and borrowing.”

Allows for unlimited banking of emission allowances for compliance in future years.

Allows entities to borrow (without interest) emission allowances from the calendar year (vintage)

immediately following the compliance year. For example, vintage 2015 allowances can be used

for compliance in 2014. This effectively creates a rolling two-year compliance period. In

addition, covered entities may borrow at interest allowances (limited to 15% of compliance

obligation) from up to five vintage years in the future.

Congressional Research Service

18

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

‘‘Sec. 726. Strategic reserve.”

Directs EPA to create a “strategic reserve” of about 2.7 billion allowances by setting aside a small

number of allowances from each vintage year. EPA will conduct quarterly auctions of allowances

from the strategic reserve. Only covered entities may participate in the auctions. The auctions will

have a reserve price, which in 2012 will be twice the estimated emission allowance price for 2012

(to be provided by EPA). Subsequent year reserve prices are 100% above the average market

price. Limits the number of allowances up for auction, and entities are limited in the number they

may purchase at each auction. Unsold allowances replenish the reserve. EPA is to use the auction

proceeds to purchase international (reduced deforestation) offsets (with the same 1.25 discount

rate for offsets) that will replenish the strategic reserve. Under certain conditions, international

(reduced deforestation) offsets may be sold by EPA at the strategic reserve auction.

‘‘Sec. 727. Permits.”

Describes procedural requirements for sources that are also subject to title V of the Clean Air Act.

Requires an entity’s designated representative to file a certificate of representation. Describes

procedural process for situations involving multiple owners or leasing arrangements.

‘‘Sec. 728. International emission allowances.”

Lists process by which EPA can designate an international climate change program as

“qualifying.” Only international allowances from “qualifying” programs can be used by covered

entities for compliance purposes. Requires covered entities to certify that international allowances

used for U.S. compliance have not been used for compliance with other programs. Allows EPA to

issue a rulemaking that would modify the percentage of international offsets a covered entity may

use for compliance purposes.

‘‘Part D ─ Offsets”

‘‘Sec. 731. Offsets Integrity Advisory Board.”

Instructs EPA to create an independent Offsets Integrity Advisory Board, which will make

recommendations that include (1) which offset types should be eligible for compliance purposes,

and (2) methodologies for evaluating offset projects. The Board shall by 2017, and every five

years thereafter, provide an analysis to EPA of the offset program and make recommendations

regarding the offset program.

‘‘Sec. 732. Establishment of offsets program.”

Directs EPA , not later than two years after enactment, to promulgate regulations that establish a

program for issuing offsets for compliance purposes. EPA is to consult with other federal agencies

and consider the Advisory Board’s (sec. 731) recommendations. EPA must ensure that offsets are

verifiable and additional, that sequestration projects are permanent, and that offsets avoid or

minimize negative effects. EPA must set up an offset registry. The agency may collect fees from

offset project representatives to cover administrative costs.

Congressional Research Service

19

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

‘‘Sec. 733. Eligible project types.”

Directs EPA (through the regulatory process) to develop a list of eligible offset project types,

which can be revised at a later time. EPA must consider (and give priority to) the Advisory Board

recommendations. Persons may petition EPA to add or remove offset project types from the list of

eligibility.

‘‘Sec. 734. Requirements for offset projects.”

Instructs EPA to include certain provisions in its regulations, including project-specific standards

that address additionality, baseline calculations, measurement, leakage, and uncertainty. EPA is to

develop a process that accounts for offset “reversals,” including mechanisms such as an offsets

reserve and/or insurance. EPA will specify the crediting period for each offset type. The periods

must fall between five and 10 years, excepting sequestration projects.

‘‘Sec. 735. Approval of offset projects.”

Describes the process by which an offset project representative seeks approval for a particular

offset project. The representative must submit to EPA a petition that includes the information

specified in EPA’s forthcoming rulemaking. EPA must respond in writing to the petition within 90

days. Procedures for an appeal process are to be established by EPA. In addition, EPA is to

establish a voluntary pre-approval review process as an option for project developers.

‘‘Sec. 736. Verification of offset projects.”

Requires offset project representatives to provide to EPA with verification from an EPAaccredited third-party. EPA is to create a process to accredit third-parties for this function.

Required information (e.g., tons reduced/avoided/sequestered, methodologies used) in the

verification and the schedule for its submittal will be determined by EPA.

‘‘Sec. 737. Issuance of offset credits.”

Directs EPA to make offset issuance determinations no later than 90 days after receipt of the

third-party verification reports. EPA may issue offset credits only for approved projects (sec. 735)

and only for reductions, avoidance, or sequestration that have already occurred (i.e., no forward

crediting) during the project’s crediting period. EPA will assign a unique serial number to each

offset credit.

‘‘Sec. 738. Audits.”

Authorizes EPA to conduct random audits of offset projects, credits, and practices of third-party

verifiers. EPA is required to annually audit, at minimum, a representative sample of project types

and geographic areas. EPA may delegate this duty to a state or tribal government.

‘‘Sec. 739. Program review and revision.”

Requires EPA to review various components ─ methodologies, reversal policies, accountability

measures ─ of its offset program at least once every five years.

Congressional Research Service

20

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

‘‘Sec. 740. Early offset supply.”

Directs EPA to issue offset credits, if specific conditions are met, for offsets issued under other

regulatory or voluntary offset programs. The following are highlights of some of the conditions:

•

An offset project must have started after January 1, 2001, but EPA can only issue

offset credits for reduction/avoidance/sequestration tons that occur after January

1, 2009, and only for a limited period of time (three years after enactment or

effective date of regulation, whichever is sooner).

•

The other-program offsets must have been issued under a program that was

established by state (or tribal) law or regulation.

•

The offset standards must have been developed through a public consultation

process.

•

All projects must have been or will be verified by a state regulatory agency or

accredited third-party.

•

Offsets are ineligible if used for compliance with a state law.

‘‘Sec. 741. Environmental considerations.”

Instructs EPA, if it lists forestry projects as eligible offset types, to develop regulations that

address concerns particular to forestry offsets. The list of concerns includes biodiversity, invasive

species, and non-native species.

‘‘Sec. 742. Ownership and transfer of offset credits.”

States that initial offset ownership lies with the entity represented by the offset project

representative. Allows offset credits to be sold, traded, or transferred, unless the credit has expired

or been used for compliance purposes.

‘‘Sec. 743. International offset credits.”

Authorizes EPA to issue (in consultation with Department of State) international offset credits.

Directs EPA to promulgate regulations (considering recommendations from the Advisory Board)

to carry out this section. EPA may only issue international offset credits if (1) the United States is

a party to a bilateral or multilateral agreement that includes the nation hosting the offset project,

and (2) the nation is a “developing country” (defined in sec. 700).

Establishes a process through which EPA can issue international offset credits on a sectoral basis

in developing nations if such an approach is deemed appropriate to ensure the integrity of the

U.S. emissions cap against carbon leakage and would encourage other counties to take measures

to reduce, avoid, or sequester greenhouse gases.

Allows EPA to issue international offset credits that originate from international bodies

established by the United Nations Framework Convention on Climate Change (UNFCCC), a

UNFCCC protocol, or a treaty that succeeds the UNFCCC. This suggests that offsets that come

from the Clean Development Mechanism may be available.

Congressional Research Service

21

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

Authorizes EPA to issue, if certain conditions are met, international offset credits for projects that

reduce deforestation. The United States must be a party to a bilateral or multilateral agreement

that includes the nation hosting the offset project. A national deforestation baseline must be

established in accordance with an appropriate agreement (details for developing baselines are

provided). Credits can only be issued after deforestation reduction has been demonstrated using

“ground-based inventories, remote sensing technology, and other methodologies” to ensure

carbon stocks are measured. EPA must make country-specific adjustments, such as discounting.

EPA (with Department of State) is to prepare a list of developing nations that are eligible, based

on the nation’s ability to monitor/measure carbon fluxes from deforestation and its institutional

capacities and governance.

‘‘Part E ─ Supplemental Emissions Reductions from Reduced

Deforestation”

‘‘Sec. 751. Definitions.”

Includes definitions of five terms relevant to Part E.

‘‘Sec. 752. Findings.”

States that (1) deforestation amounts to approximately 20% of global GHG emissions, (2)

reducing deforestation is cost-effective compared to other GHG emission mitigation efforts, and

(3) reducing deforestation yields secondary benefits, such as biodiversity.

‘‘Sec. 753. Supplemental emissions reductions through reduced deforestation.”

Directs EPA, in consultation with the Departments of State and Agriculture, to promulgate

regulations that create a program to allot emission allowances for supporting reduced

deforestation efforts. Identifies objectives as (1) achieving a cumulative emission reduction of 6

billion tons by 2025, (2) building institutional capacities in developing nations, and (3) preserving

intact, native forests.

‘‘Sec. 754. Requirements for international deforestation reduction program.”

Authorizes EPA to support efforts only in developing nations whose forest carbon stock present a

deforestation risk and have entered a bilateral or multilateral agreement with the United States.

EPA may support a wider variety of efforts than those in sec. 743, including pilot activities that

are “subject to significant uncertainty.” EPA may support projects directly or distribute

allowances to established international funds. EPA must promulgate standards to ensure emission

reductions (from reduced deforestation) are additional, measureable, verifiable, permanent,

monitored, and account for leakage and uncertainty. National baselines (for deforestation) must

be established. EPA must develop a publicly available registry of the supplemental emission

reductions.

Congressional Research Service

22

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

‘‘Sec. 755. Reports and reviews.”

Directs EPA to submit, by January 1, 2014, a report that lists the quantity of emission reductions

under the program, a breakdown of allowances provided, and the accomplishments supported.

EPA is to conduct a review of the supplemental emission reduction program four years after

enactment and every five years thereafter. The review will include an assessment of emission

reductions achieved per participating nation and an examination of related factors, such as

governance, biodiversity, and leakage.

‘‘Sec. 756. Legal effect of part.”

States that Part E does not supersede, limit, or affect restrictions imposed by federal law on any

interaction between an entity in the United States and an entity in another country.

‘‘Part F ─ Carbon Market Assurance”

‘‘Sec. 761. Oversight and assurance of carbon markets.”

Provides for the Federal Energy Regulatory Commission (FERC) to regulate the cash market in

emission allowances and offsets created under title VII and directs the President to delegate

regulatory authority for the derivatives market to “an appropriate agency.” FERC is to promulgate

regulations for the establishment, operation, and oversight of the cash market, within 18 months

of enactment, designed to prohibit fraud, market manipulation, and excess speculation, and

provide measures to limit unreasonable allowance price fluctuations. Participants are limited to

no more than a 10% position in any class of regulated allowance, and FERC has the authority to

suspend or revoke the registration of any trading entity violating any rule or order issued under

this subsection.

Taking into consideration the recommendations of an interagency working group created under

the bill, the President is to delegate to appropriate agencies the authority to promulgate

regulations for the establishment, operation, and oversight of all markets for regulated allowance

derivatives. The purposes of the derivatives provisions are similar to those above for the cash

market. Each federal agency that is designated under these provisions shall have the same

authority to enforce compliance as does the Commodity Futures Trading Commission (CFTC).

Sec. 312. Definitions

Amends title VII of the Clean Air Act (created by this legislation) by adding a definitions section

before Part A.

‘‘Sec. 700. Definitions.”

Provides definitions for terms relevant to title VII.

Congressional Research Service

23

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

Subtitle B—Disposition of Allowances

Sec. 321. Disposition of Allowances for Global Warming Pollution Reduction

Program

Adds Part H to the new title VII of the Clean Air Act.

‘‘PART H—DISPOSITION OF ALLOWANCES”

‘‘Sec. 781. Allocation of allowances for supplemental reductions.”

Instructs EPA to allot particular percentages of emission allowances to support supplemental

reduction efforts, the avoided deforestation projects described in Part E. For (“vintage year”

allowances) 2012 through 2025, the program receives 5% of each year’s allotment; for 2026

through 2030, 3%; for 2031 through 2050, 2%. Directs EPA to modify these percentages as

necessary to meet the 2020 reduction objective (annual reductions equivalent to 10% of U.S.

emissions in 2005) and the cumulative 2025 objective (achieve total reduction of 6 billion tons).

Unused allowances are to be sold at an auction (sec. 791) in the following year, and the following

vintage year’s allotment (for supplemental reduction) is increased by the number of unused

allowances from the previous year.

‘‘Sec. 782. Disbursement of allowances and proceeds from auctions of

allowances.”

Directs EPA to allocate emission allowances. Recipients and precise amounts “to be supplied.”

Directs EPA to auction emission allowances. Amounts of allowances auctioned “to be supplied.”

Establishes a Strategic Reserve Fund in the U.S. Treasury. Other funds “to be supplied.”

‘‘Sec. 783-789 [Sections Reserved]”

‘‘Sec. 790. Exchange for State-issued allowances.”

Instructs EPA to promulgate regulations that would establish a process by which any person can

exchange emission allowances issued before December 31, 2011, by California or the Regional

Greenhouse Gas Initiative (RGGI) for emission allowances under this title. The exchange will not

necessarily be a one-to-one swap. EPA’s regulations will provide that a person exchanging a

“state allowance” receive a title III allowance that is “sufficient to compensate” for the cost of

obtaining (this is specifically defined) and holding a state allowance. Title III allowances allotted

for this purpose will be deducted from the sec. 782 auction allowance pool.

‘‘Sec. 791. Auction procedures.”

Establishes auction format and procedures. Directs EPA to promulgate regulations, within 12

months of enactment, that govern allowance auctions. Auctions will be held quarterly, starting no

Congressional Research Service

24

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

later than March 31, 2011. At each auction, EPA will offer both current and some proportion of

future vintage allowances. Auctions will follow a single-round, sealed-bid, uniform price format

(similar to RGGI auctions). Auctions will be open to any person. EPA may require

demonstrations of financial assurance as a condition of participation. Persons may not purchase

more than 5% of allowances offered in any auction. This section does not mention a price floor

(reserve price). EPA may revise auction design (through the regulatory process) if the agency

determines an alternative design is more effective.

‘‘Sec. 792. Auctioning allowances for other entities.”

Allows for any holder of an emission allowances to request that EPA auction their allowances.

EPA will sell the allowances during one of the quarterly auctions per sec. 791. EPA may permit

allowance holders to set a reserve price for their allowances. However, allowance holders from

foreign nations (selling allowances received per avoided deforestation projects) may not request a

reserve price. EPA is to promulgate regulations to implement this section within 24 months of

enactment.

Subtitle C—Additional Greenhouse Gas Standards

Sec. 331. Greenhouse Gas Standards

Amends the Clean Air Act to include a new subtitle C at the end of the new title VII.

‘‘Title VIII—Additional Greenhouse Gas

Standards”

‘‘Sec. 801. Definitions.”

Provides a revised definition of “stationary source” under this title (title VIII).

‘‘Part A ─ Stationary Source Standards”

‘‘Sec. 811. Standards of performance.”

Generally provides that EPA promulgate New Source Performance Standards (NSPS) under sec.

111 of the Clean Air Act for categories of uncapped stationary sources that emit more than 10,000

tons of carbon dioxide equivalent annually. Stipulates the schedule for promulgation of the NSPS

for various categories that is not subject to judicial review. Sources of enteric fermentation are

expressly exempted from these provisions. In setting the appropriate NSPS, EPA is to take into

account projections of allowance prices to ensure that the marginal costs imposed by such

standards are not expected to exceed those projected allowance prices.

Congressional Research Service

25

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

Part C ─ Exemptions from Other Programs

‘‘Sec. 831. Criteria pollutants.”

Provides that a greenhouse gas can not be listed as a criteria air pollutant under sec. 108(a) of the

Clean Air Act on the basis of its effect on climate change.

‘‘Sec. 832. Hazardous air pollutants.”

Provides that a greenhouse gas can not be added to the list of hazardous air pollutants under sec.

112 of the Clean Air Act unless such gas meets the listing criteria of sec. 112(b) on a basis other

than its climate change effects.

‘‘Sec. 833. New source review.”

Provides that a greenhouse gas can not be subject to the New Source Review provisions of the

Prevention of Significant Deterioration (Part C of the Clean Air Act) program solely on the basis

of its effect on climate change or its regulation under title VII.

‘‘Sec. 834. Title V permits.”

Provides that in determining whether a source is covered under the permitting provisions of title

V of the Clean Air Act, EPA shall not consider the source’s GHG emissions.

Sec. 332. HFC Regulation

Creates a separate cap-and-trade program to reduce emissions of hydrofluorocarbons (HFCs).

Basically, puts 20 HFC substances in a new class II, group II category to be regulated under title

VI of the Clean Air Act. Beginning in 2012, producers and importers of any class II, group II

substance is required to hold an allowance or destruction offset credit for each CO2-equivalent

ton of class II, group II substance. The allowances available are capped and that cap is steadily

reduced from 96% of the average annual consumption during a 2004-2006 baseline to 15% of

that baseline after 2038. Beginning in 2012, 20% of 80% of available consumption allowances

are auctioned, increasing steadily to 100% of 80% in 2020 and thereafter. Only covered entities

may participate in the auction. The remaining 20% of consumption allowances are to be offered

for sale at the auction clearing price by EPA . Allowances may be banked for future use. Other

provisions include the regulation of substances used in motor vehicle air conditioners.

Sec. 333. Black Carbon

Requires EPA to submit a report to Congress on black carbon abatement within one year of

enactment.

Congressional Research Service

26

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

‘‘Part E ─ Black Carbon”

‘‘Sec. 851. Black carbon.”

Authorizes EPA to propose either a finding that existing Clean Air Act provisions adequately

address black carbon emissions or a regulation to reduce black carbon emissions.

Sec. 334. States

Amends sec. 116 Clean Air Act ─ which allows for states to implement more stringent air

pollution standards for stationary sources than the federal government ─ to clarify that the phrase

“standard or limitation respecting emissions of air pollutants” includes provisions relating to

GHG emission controls.

Sec. 335. State Programs

Amends title VIII of the Clean Air Act) by adding Part F ─ “Miscellaneous.”

‘‘Part F ─ Miscellaneous”

‘‘Sec. 861. State programs.”

Prohibits states from implementing or enforcing a GHG emission cap that covers any (federally)

capped emissions during the years 2012 through 2017. Clarifies that a cap does not include fleetwide motor vehicle emission requirement or life-cycle fuel standards. This section is

“notwithstanding section 116.” Sec. 116 allows states to implement more stringent standards at

stationary sources, including (per sec. 334 of this proposal) GHG emission controls.

Sec. 336. Enforcement

Amends sec. 304 of the Clean Air Act with respect to citizen suits to include climate change in its

provisions, and to mitigate potential implementation delays due to ligation.

‘‘Sec. 862. Judicial review.”

Amends sec. 304 of the Clean Air Act to provide for judicial review and remedies for any failure

by a federal agency to perform a nondiscretionary act under title VII.

Sec. 337. Conforming Amendments

Makes various conforming amendments to existing law.

Congressional Research Service

27

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

Title IV ─ Transitioning to a Clean Energy Economy

Subtitle A—Ensuring Domestic Competitiveness

Part 1 ─ Preserving Domestic Competitiveness

Sec. 401. Purposes

Lists five environmental and economic purposes for the provisions of Part 1.

Sec. 402. Definitions

Part 1 generally uses the same definitions as those used in title VII of the Clean Air Act above.

Sec. 403. Distribution of Rebates

Creates a rebate program directed at energy/greenhouse gas-intensive, trade-exposed industries

harmed by the direct emissions reduction costs and indirect increased energy input costs from

implementing title VII of the Clean Air Act. Based on the best data available, EPA is to provide

the rebate to eligible companies based on a two-part formula: (1) 85% of the industry’s average

emissions per unit of output times the company’s output; (2) average emissions per kilowatt-hour

of electricity purchased by the company times 85% of the industry average electricity used per

unit of output. Entities not covered by title VII are eligible for the indirect emissions rebate.

Sec. 404. Reports to Congress

Requires EPA to transmit to Congress a report on carbon leakage and the effectiveness of sec. 403

one year after the first year of the rebate program.

Sec. 405. Modification or Elimination of Distribution of Rebates

Program is to be phased out over a 10-year period, starting in 2021 (subject to annual review).

Sec. 406. Cessation of Qualifying Activities

Eligible entities who are no longer engaged in eligible sectors or subsectors are to no longer

receive rebates from the EPA.

Congressional Research Service

28

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

Sec. 407. Authorization of Appropriations

Part 2─International Reserve Allowance Program

Sec. 411. Definitions

Defines a covered good under Part 2, including iron, steel, steel mill products, aluminum, cement,

glass, pulp, paper, chemicals, and industrial ceramics.

Sec. 412. Purposes

Defines the purpose of Part 2 in terms of environmental goals and encouraging effective

international actions.

Sec. 413. International Negotiations

States the policy of the United States is to achieve effective international agreements on climate

change that require all major greenhouse gas-emitting nations to contribute equitably to reducing

emissions.

Sec. 414. Report to Congress and Finding

Requires the President by June 30, 2017, to submit a report to Congress that analyzes the impact

of title VII of the Clean Air Act compliance costs on industries that manufacture covered goods,

related jobs, carbon leakage, and the degree to which the rebates provided in Part 1 mitigates

these factors. If the President finds that title VII compliance is still having adverse economic and

environmental effects after initiation of Part 1, then the President shall initiate Part 2.

Sec. 415. Prohibition

Under Part 2, no person may import a covered good without submitting the required number of

international reserve allowances in accordance with rules promulgated by EPA.

Sec. 416. International Reserve Allowance Program

Within 24 months of President’s determination, EPA is to promulgate rules establishing an

appropriate price and distribution system for international reserve allowances. These allowances

will be required for importation into the United States of any covered good as determined by the

President. Exemptions are provided for least developed countries or countries who emit less than

0.5% of global greenhouse gas emissions. The purpose of the program is to address the

competitive imbalance of production costs resulting from the direct and indirect costs of

implementing title VII of the Clean Air Act.

Congressional Research Service

29

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

Subtitle B—Green Jobs and Worker Transition

Sec. 421. Clean Energy Curriculum Development Grants

The Secretary of Education may competitively award grants to eligible partnerships for

developing programs focused on emerging careers and jobs in renewable energy, energy

efficiency, and climate change mitigation. Partnerships shall include at least one local agency

eligible for funding under sec. 131 of the Perkins Career and Technical Education Act of 2006

(PCTEA), or an area career and technical education school or education service agency; at least

one post-secondary institution eligible for PCTEA funding; representatives of the community

(including business, labor or industry) with experience in clean energy. Application criteria and

priorities are prescribed. A peer review panel (comprised of educators and clean energy

professionals) is to review applications and recommend awards.

Sec. 422. Workforce Training and Education

Directs the Secretary of Labor to carry out a program for workforce training and education in

industries and practices in clean energy, energy efficiency, or sustainable practices. Half of the

funds awarded in each fiscal year shall go to institutes of higher education with pre-existing

programs leading to particular certificates or degrees in specified areas. A peer review panel

(composed of educators and clean energy professionals) will review applications and recommend

awards.

Sec. 423. Wage Rate Requirements

Recipients of support from funding in this subtitle shall provide reasonable assurance that all

those employed in the authorized programs, or by contractors (or subcontractors) will be paid at

wage rates not less than those prevailing on similar work in the locality.

Subtitle C—Consumer Assistance (draft text not available)

Subtitle D—Exporting Clean Technology

Sec. 451. Purposes

Provides developing countries with assistance from the United States to encourage widespread

deployment of technologies that reduce GHG emissions, and encourage developing countries to

adopt policies and measures that will reduce GHG emissions.

Sec. 452. Definitions

Appropriate Congressional Committees—House: Energy and Commerce, Foreign Affairs.

Senate: Environment and Public Works, Energy and Natural Resources, Foreign Relations.

Developing Country—Country eligible to receive assistance from the World Bank.

Congressional Research Service

30

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

Eligible Country—A developing country determined by the President under sec. 454 as eligible to

receive assistance from the International Clean Technology Fund (ICTF).

Interagency Group—Group established by the President under sec. 453 to administer the ICTF.

Sec. 453. Fund Establishment and Governance

Establishes an International Clean Technology Fund in the U.S. Treasury. An Interagency Group

is to consist of the Secretaries of State, Energy, and Treasury; the EPA Administrator; and any

other federal agency head or executive branch appointee the President designates. The Secretary

of State is to chair the Group.

Sec. 454. Determination of Eligible Countries

Directs the President to publish a list of countries eligible for assistance no later than January 1,

2012, and revise this list annually. Criteria for eligibility shall include developing countries that

have signed and ratified an agreement or treaty to undertake GHG mitigation activities; a

determination by the President that such activities will achieve substantial, measurable and

verifiable GHG reductions (relative to business as usual); and such other criteria as the President

determines.

Sec. 455. Funding

Authorizes the Secretary of State, in consultation with the Interagency group, to provide

assistance from the ICTF for projects in eligible countries. Assistance may be in the form of

grants, loans or other assistance. Distribution of assistance from the ICTF may be direct, via the

World Bank or other international development bank or institution, through an international fund

created by the UNFCCC, or through some combination of these mechanisms. The Interagency

Group will establish criteria for project selection. The Secretary of State shall monitor project

performance and shall have authority to terminate assistance in whole or part for noncompliance

with the approved proposal.

Sec. 456. Annual Reports

Requires the President to submit annual reports on assistance from the program, beginning no

later than March 1, 2012.

Subtitle E. Adapting to Climate Change

Parts 1 and 2 support domestic and international assessments of vulnerabilities to climate change,

development of adaptation strategies and plans, and authorization of funding to assist adaptation

to climate change. Part 1 establishes three overlapping domestic programs with distinct

interagency coordination bodies, program offices, requirements for assessments, adaption plans

and strategies, funding mechanisms, and reporting requirements. Part 2 addresses an international

adaptation assistance program.

Congressional Research Service

31

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

Part 1. Domestic Adaptation

Subpart A. National Climate Change Adaptation Program

Establishes the National Climate Change Adaptation Council for interagency coordination among

16 or more federal agencies. The Council is chaired by the representative of the National Oceanic

and Atmospheric Administration (NOAA) and supported by a new National Climate Change

Adaptation Program within NOAA. The Council is to serve as a forum for interagency

consultation and coordination on federal policies relating to the assessment of, and adaptation to,

the effects of climate change on the United States and its territories.

Establishes a National Climate Change Program within NOAA to increase the effectiveness of

federal climate change adaptation efforts. Under this Program, among other duties, the

Administrator of NOAA must produce a quadrennial National Assessment evaluating the nation’s

vulnerability to the effects of climate change. The Assessment is to be comprised of Regional

Assessments and a National Synthesis. Several factors for inclusion in regional assessments are

listed. In each assessment cycle, the Administrator of NOAA must convene workshops in each

identified region and one nationally.

Establishes a National Climate Service within NOAA to be an information clearinghouse for data

and services on the effects of climate change and adaptation, and to provide technical assistance

to other agencies, as well as state, local and tribal government decision-makers. Further, the

Administrator of NOAA is authorized to deploy observation and monitoring systems for

adaptation. Each department or agency serving on the Council must prepare a detailed adaptation

plan to address the effects of climate change on matters within its jurisdiction. These adaptation

plans are due to the President for approval within one year of publication of each National

Assessment, and must be submitted to Congress, after Presidential approval, within 18 months of

publication of each National Assessment.

Establishes a National Climate Change Adaptation Fund in the Department of the Treasury by

2013 to provide financial assistance to regions, states, localities, and tribes for implementing

projects that reduce their vulnerability to the effects of climate change, as well as other project

categories.

Subpart B. Public Health and Climate Change

States that the federal policy of the United States is to “use all practicable means and measures”

to assist the efforts of public health professionals and communities to adjust health systems to

address impacts of climate change, and to encourage further understanding of health effects due

to climate change. Requires the Secretary of Health and Human Services (HHS) to promulgate a

national strategy to mitigate public health impacts of climate change in the United States, in

consultation with relevant agencies and stakeholders.

Subpart C. Natural Resource Adaptation

States that federal policy is “to use all practicable means and measures to assist natural resources

to become more resilient and adapt to and withstand the impacts of climate change and ocean

acidification” (hereiafter “adapt to”), and establishes a Program to that effect. Directs the Chair of

the Council on Environmental Quality (CEQ) to advise the President on development and

Congressional Research Service

32

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

implementation of a Natural Resources Climate Change Adaptation Strategy and federal natural

resource agency adaptation plans. Within one year of each Strategy, each agency represented on

the Panel must produce a Federal Natural Resource Agency Adaptation Plan.

Establishes a new Natural Resources Climate Change Adaptation Panel to coordinate related

federal agencies’ adaptation strategies, plans, programs and activities (CEQ is to chair the Panel).

The Panel must be established within 90 days of enactment of the law, include heads of five

additional agencies (NOAA, the Department of the Interior, EPA, the Department of Agriculture,

and the Army Corps of Engineers), and is to develop a Natural Resources Climate Change

Adaptation Strategy within two years of enactment.

Directs the Administrator of NOAA and the Director of the U.S. Geological Survey (USGS) to

establish a Natural Resource Climate Change Adaptation Science and Information Program, to be

implemented through the USGS National Global Warming and Wildlife Center and counterpart

programs in NOAA. This Program is to provide technical assistance, research, tools to assist

development of adaptation strategies and plans, supplemented by five-year surveys of adversely

affected natural resources and decision support needs. An appointed Science Advisory Board will

advise the Program. Funding is expected to be available for states to implement adaptation plans.

To be eligible for more than three years for funding from a new Natural Resource Climate

Change Adaptation Fund, each state must prepare a State Natural Resources Adaptation Plan, to

include performance measures and to be reviewed and updated every five years. Directs

percentages of the Fund to support a variety of agencies, governments, and programs.

Part 2. International Climate Change Adaptation Program

The Secretary of State, with the Administrators of the U.S. Agency for International Development

(USAID) and EPA, is to establish an International Climate Change Adaptation Program within

USAID to assist developing countries most vulnerable to climate change. Foreign aid can be

given to any private or public group to assist with the development of adaptation plans and

projects, including specific investments and research to improve capacity building and resilience

to climate change, and engagement with communities and other stakeholders. The Administrator

of USAID must report within 180 days after enactment, and later annually, to the President and

Congress. The report would detail priorities, provide assessments of vulnerabilities, describe how

funds were spent, and discuss cooperation with other countries and international organizations.

Requires the Administrator to distribute 40-60% of program funds to relevant international

fund(s), providing at least 15 days advance notice to Congress. To receive funding, an

international fund must meet specific criteria. For these funds, the Administrator of USAID also

must establish performance goals, evaluate the effectiveness of the assistance provided, and

report annually to Congress.

Congressional Research Service

33

Summary of Waxman-Markey Draft Greenhouse Gas Legislation

Author Contact Information

(name redacted), Coordinator

Specialist in Energy Policy

[redacted]@crs.loc.gov, 7-....

(name redacted)

Specialist in Energy and Environmental Policy

[redacted]@crs.loc.gov, 7-....

(name redacted)

Specialist in Energy Policy

[redacted]@crs.loc.gov, 7-....

(name redacted)

Analyst in Environmental Policy

[redacted ]@crs.loc.gov, 7-....

(name redacted)

Specialist in Energy and Natural Resources Policy

[redacted]@crs.loc.gov, 7-....

(name redacted)

Specialist in Energy Policy

[redacted]@crs.loc.gov, 7-....

(name redacted)

Specialist in Energy and Environmental Policy

[redacted]@crs.loc.g

ov, 7-....

(name redacted)

Specialist in Energy and Environmental Policy

[redacted]@crs.loc.gov, 7-....

(name redacted)

Specialist in Energy and Environmental Policy

[redacted]@crs.loc.gov, 7-....

Congressional Research Service

34

EveryCRSReport.com

The Congressional Research Service (CRS) is a federal legislative branch agency, housed inside the

Library of Congress, charged with providing the United States Congress non-partisan advice on

issues that may come before Congress.

EveryCRSReport.com republishes CRS reports that are available to all Congressional staff. The

reports are not classified, and Members of Congress routinely make individual reports available to

the public.

Prior to our republication, we redacted names, phone numbers and email addresses of analysts

who produced the reports. We also added this page to the report. We have not intentionally made

any other changes to any report published on EveryCRSReport.com.

CRS reports, as a work of the United States government, are not subject to copyright protection in

the United States. Any CRS report may be reproduced and distributed in its entirety without

permission from CRS. However, as a CRS report may include copyrighted images or material from a

third party, you may need to obtain permission of the copyright holder if you wish to copy or

otherwise use copyrighted material.

Information in a CRS report should not be relied upon for purposes other than public

understanding of information that has been provided by CRS to members of Congress in

connection with CRS' institutional role.

EveryCRSReport.com is not a government website and is not affiliated with CRS. We do not claim

copyright on any CRS report we have republished.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.