II
Calendar No. 267
111th CONGRESS
2d Session
S. 1733
[Report No. 111–121]
IN THE SENATE OF THE UNITED STATES
September 30, 2009
Mr. Kerry (for himself, Mrs. Boxer, and Mr. Kirk) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
February 2, 2010
Reported by Mrs. Boxer, with an amendment
Strike out all after the enacting clause and insert the part printed in italic
A BILL
To create clean energy jobs, promote energy independence, reduce global warming pollution, and transition to a clean energy economy.
Short title; table of contents
Short title
This Act may be cited
as the Clean Energy Jobs and American
Power Act
.
Table of contents
The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Economy-wide emission reduction goals.
Sec. 4. Definitions.
DIVISION A—Authorizations for Pollution Reduction, Transition, and Adaptation
Sec. 101. Structure of Act.
TITLE I—Greenhouse gas reduction programs
Subtitle A—Clean transportation
Sec. 111. Emission standards.
PART B—Mobile Sources
Sec. 821. Greenhouse gas emission standards for mobile sources.
Sec. 112. Greenhouse gas emission reductions through transportation efficiency.
PART C—Transportation emissions
Sec. 831. Greenhouse gas emission reductions through transportation efficiency.
Sec. 113. Transportation greenhouse gas emission reduction program grants.
Sec. 832. Transportation greenhouse gas emission reduction program grants.
Sec. 114. SmartWay transportation efficiency program.
Sec. 822. SmartWay transportation efficiency program.
Subtitle B—Carbon capture and sequestration
Sec. 121. National strategy.
Sec. 122. Regulations for geological sequestration sites.
Sec. 813. Geological storage sites.
Sec. 123. Studies and reports.
Sec. 124. Performance standards for coal-fueled power plants.
Sec. 812. Performance standards for new coal-fired power plants.
Sec. 125. Carbon capture and sequestration demonstration and early deployment program.
Subtitle C—Nuclear and advanced technologies
Sec. 131. Findings and policy.
Sec. 132. Nuclear worker training.
Sec. 133. Nuclear safety and waste management programs.
Subtitle D—Water efficiency
Sec. 141. WaterSense.
Sec. 142. Federal procurement of water-efficient products.
Sec. 143. State residential water efficiency and conservation incentives program.
Subtitle E—Miscellaneous
Sec. 151. Office of Consumer Advocacy.
Sec. 152. Clean technology business competition grant program.
Sec. 153. Product carbon disclosure program.
Sec. 154. State recycling programs.
Sec. 155. Supplemental agriculture and forestry greenhouse gas reduction and renewable energy program.
Sec. 156. Economic Development Climate Change Fund.
Sec. 219. Economic Development Climate Change Fund.
Sec. 157. Study of risk-based programs addressing vulnerable areas.
Subtitle F—Energy Efficiency and Renewable Energy
Sec. 161. Renewable energy.
Sec. 162. Advanced biofuels.
Sec. 163. Energy efficiency in building codes.
Sec. 164. Retrofit for energy and environmental performance.
Subtitle G—Emission Reductions from Public Transportation Vehicles
Sec. 171. Short title.
Sec. 172. State fuel economy regulation for taxicabs.
Sec. 173. State regulation of motor vehicle emissions for taxicabs.
Subtitle H—Clean Energy and Natural Gas
Sec. 181. Clean Energy and Accelerated Emission Reduction Program.
Sec. 182. Advanced natural gas technologies.
TITLE II—Research
Subtitle A—Energy Research
Sec. 201. Advanced energy research.
Subtitle B—Drinking water adaptation, technology, education, and research
Sec. 211. Effects of climate change on drinking water utilities.
TITLE III—Transition and adaptation
Subtitle A—Green jobs and worker transition
PART 1—Green jobs
Sec. 301. Clean energy curriculum development grants.
Sec. 302. Development of Information and Resources clearinghouse for vocational education and job training in renewable energy sectors.
Sec. 303. Green construction careers demonstration project.
PART 2—Climate change worker adjustment assistance
Sec. 311. Petitions, eligibility requirements, and determinations.
Sec. 312. Program benefits.
Sec. 313. General provisions.
Subtitle B—International climate change programs
Sec. 321. Strategic Interagency Board on International Climate Investment.
Sec. 322. Emission reductions from reduced deforestation.
PART E—Supplemental emission reductions
Sec. 751. Definitions.
Sec. 752. Purposes.
Sec. 753. Emission reductions from reduced deforestation.
Sec. 323. International Clean Energy Deployment Program.
Sec. 324. International climate change adaptation and global security program.
Sec. 325. Evaluation and reports.
Sec. 326. Report on climate actions of major economies.
Subtitle C—Adapting to climate change
PART 1—Domestic adaptation
SUBPART A—National Climate Change Adaptation Program
Sec. 341. National Climate Change Adaptation Program.
Sec. 342. Climate services.
SUBPART B—Public health and climate change
Sec. 351. Sense of Congress on public health and climate change.
Sec. 352. Relationship to other laws.
Sec. 353. National strategic action plan.
Sec. 354. Advisory board.
Sec. 355. Reports.
Sec. 356. Definitions.
SUBPART C—Climate change safeguards for natural resources conservation
Sec. 361. Purposes.
Sec. 362. Natural resources climate change adaptation policy.
Sec. 363. Definitions.
Sec. 364. Council on Environmental Quality.
Sec. 365. Natural Resources Climate Change Adaptation Panel.
Sec. 366. Natural Resources Climate Change Adaptation Strategy.
Sec. 367. Natural resources adaptation science and information.
Sec. 368. Federal natural resource agency adaptation plans.
Sec. 369. State natural resources adaptation plans.
Sec. 370. Natural Resources Climate Change Adaptation Account.
Sec. 371. National Fish and Wildlife Habitat and Corridors Information Program.
Sec. 372. Additional provisions regarding Indian tribes.
SUBPART D—Additional Climate Change Adaptation Programs
Sec. 381. Water system mitigation and adaption partnerships.
Sec. 382. Flood control, protection, prevention, and response.
Sec. 383. Wildfire.
Sec. 384. Coastal and Great Lakes State adaptation program.
DIVISION B—Pollution Reduction and Investment
TITLE I—Reducing global warming pollution
Subtitle A—Reducing global warming pollution
Sec. 101. Reducing global warming pollution.
TITLE VII—Global warming pollution reduction and investment program
PART A—Global warming pollution reduction goals and targets
Sec. 701. Findings.
Sec. 702. Economy-wide reduction goals.
Sec. 703. Reduction targets for specified sources.
Sec. 704. Supplemental pollution reductions.
Sec. 705. Review and program recommendations.
Sec. 706. National Academy review.
Sec. 707. Presidential response and recommendations.
PART B—Designation and registration of greenhouse gases
Sec. 711. Designation of greenhouse gases.
Sec. 712. Carbon dioxide equivalent value of greenhouse gases.
Sec. 713. Greenhouse gas registry.
Sec. 714. Perfluorocarbon regulation.
PART C—Program rules
Sec. 721. Emission allowances.
Sec. 722. Prohibition of excess emissions.
Sec. 723. Penalty for noncompliance.
Sec. 724. Trading.
Sec. 725. Banking and borrowing.
Sec. 726. Market Stability Reserve.
Sec. 727. Permits.
Sec. 728. International emission allowances.
PART D—Offsets
Sec. 731. Offsets Integrity Advisory Board.
Sec. 732. Establishment of offsets program.
Sec. 733. Eligible project types.
Sec. 734. Requirements for offset projects.
Sec. 735. Approval of offset projects.
Sec. 736. Verification of offset projects.
Sec. 737. Issuance of offset credits.
Sec. 738. Audits.
Sec. 739. Program review and revision.
Sec. 740. Early offset supply.
Sec. 741. Environmental considerations.
Sec. 742. Trading.
Sec. 743. Office of Offsets Integrity.
Sec. 744. International offset credits.
Sec. 102. Definitions.
Sec. 700. Definitions.
Sec. 103. Offset reporting requirements.
Subtitle B—Disposition of allowances
Sec. 111. Disposition of allowances for global warming pollution reduction program.
PART H—Disposition of allowances
Sec. 771. Allocation of emission allowances.
Sec. 772. Electricity consumers.
Sec. 773. Natural gas consumers.
Sec. 774. Home heating oil and propane consumers.
Sec. 775. Domestic fuel production.
Sec. 776. Consumer protection.
Sec. 777. Exchange for State-issued allowances.
Sec. 778. Auction procedures.
Sec. 779. Auctioning allowances for other entities.
Sec. 780. Commercial deployment of carbon capture and sequestration technologies.
Sec. 781. Oversight of allocations.
Sec. 782. Early action recognition.
Sec. 783. Establishment of Deficit Reduction Fund.
Subtitle C—Additional greenhouse gas standards
Sec. 121. Greenhouse gas standards.
TITLE VIII—Additional greenhouse gas standards
Sec. 801. Definitions.
PART A—Stationary source standards
Sec. 811. Standards of performance.
Sec. 122. HFC regulation.
Sec. 619. Hydrofluorocarbons (HFCs).
Sec. 123. Black carbon.
PART E—Black carbon
Sec. 851. Black carbon.
Sec. 124. States.
Sec. 125. State programs.
PART F—Miscellaneous
Sec. 861. State programs.
Sec. 862. Grants for support of air pollution control programs.
Sec. 126. Enforcement.
Sec. 127. Conforming amendments.
Sec. 128. Davis-Bacon compliance.
Subtitle D—Carbon Market Assurance
Sec. 131. Carbon market assurance.
Subtitle E—Ensuring Real Reductions in Industrial Emissions
Sec. 141. Ensuring real reductions in industrial emissions.
PART F—Ensuring real reductions in industrial emissions
Sec. 761. Purposes.
Sec. 762. Definitions.
Sec. 763. Eligible industrial sectors.
Sec. 764. Distribution of emission allowance rebates.
Sec. 765. International trade.
TITLE II—Program Allocations
Sec. 201. Investment in clean vehicle technology.
Sec. 202. State and local investment in energy efficiency and renewable energy.
Sec. 203. Energy efficiency in building codes.
Sec. 204. Building retrofit program.
Sec. 205. Energy Innovation Hubs.
Sec. 206. ARPA–E research.
Sec. 207. International clean energy deployment program.
Sec. 208. International climate change adaptation and global security.
Sec. 209. Energy efficiency and renewable energy worker training.
Sec. 210. Worker transition.
Sec. 211. State programs for greenhouse gas reduction and climate adaptation.
Sec. 212. Climate Change Health Protection and Promotion Fund.
Sec. 213. Climate change safeguards for natural resources conservation.
Sec. 214. Nuclear worker training.
Sec. 215. Supplemental agriculture, renewable energy, and forestry.
Findings
Congress finds that—
the United States can take back control of the energy future of the United States, strengthen economic competitiveness, safeguard the health of families and the environment, and ensure the national security, of the United States by increasing energy independence;
creating a clean energy future requires a comprehensive approach that includes support for the improvement of all energy sources, including coal, natural gas, nuclear power, and renewable generation;
efficiency in the energy sector also represents a critical avenue to reduce energy consumption and carbon pollution, and those benefits can be captured while generating additional savings for consumers;
substantially increasing the investment in the clean energy future of the United States will provide economic opportunities to millions of people in the United States and drive future economic growth in this country;
the United States is responsible for many of the initial scientific advances in clean energy technology, but, as of September 2009, the United States has only 5 of the top 30 leading companies in solar, wind, and advanced battery technology;
investment in the clean energy sector will allow companies in the United States to retake a leadership position, and the jobs created by those investments will significantly accelerate growth in domestic manufacturing;
those opportunities also will result in substantial employment gains in construction, a sector in which the median hourly wage is 17 percent higher than the national median;
those jobs are distributed throughout the United States, and the highest clean energy economy employment growth rates in the last 10 years were in the States of Idaho, Nebraska, South Dakota, Oregon, and New Mexico;
focusing on clean energy will dramatically reduce pollution and significantly improve the health of families in and the environment of the United States;
moving to a low-carbon economy must protect the most vulnerable populations in the United States, including low-income families that are particularly affected by volatility in energy prices;
if unchecked, the impact of climate change will include widespread effects on health and welfare, including—
increased outbreaks from waterborne diseases;
more droughts;
diminished agricultural production;
severe storms and floods;
heat waves;
wildfires; and
a substantial rise in sea levels, due in part to—
melting mountain glaciers;
shrinking sea ice; and
thawing permafrost;
the most recent science indicates that the changes described in paragraph (11)(G) are occurring faster and with greater intensity than expected;
military officials, including retired admirals and generals, concur with the intelligence community that climate change acts as a threat multiplier for instability and presents significant national security challenges for the United States;
massive portions of the infrastructure of the United States, including critical military infrastructure, are at risk from the effects of climate change;
impacts are already being felt in local communities within the United States as well as by at-risk populations abroad;
the Declaration of the Leaders from the Major Economies Forum on Energy and Climate, representing 17 of the largest economies in the world, recognizes the need to limit the increase in global average temperatures to within 2 degrees Centigrade, as a necessary step to prevent the catastrophic consequences of climate change; and
the United States should lead the global community in combating the threat of global climate change and reaching a robust international agreement to address global warming under the United Nations Framework Convention on Climate Change, done at New York on May 9, 1992 (or a successor agreement).
Economy-wide emission reduction goals
The goals of this Act and the amendments made by this Act are to reduce steadily the quantity of United States greenhouse gas emissions such that—
in 2012, the quantity of United States greenhouse gas emissions does not exceed 97 percent of the quantity of United States greenhouse gas emissions in 2005;
in 2020, the quantity of United States greenhouse gas emissions does not exceed 80 percent of the quantity of United States greenhouse gas emissions in 2005;
in 2030, the quantity of United States greenhouse gas emissions does not exceed 58 percent of the quantity of United States greenhouse gas emissions in 2005; and
in 2050, the quantity of United States greenhouse gas emissions does not exceed 17 percent of the quantity of United States greenhouse gas emissions in 2005.
Definitions
In this Act:
Administrator
The term Administrator means the Administrator of the Environmental Protection Agency.
Indian tribe
The term Indian tribe has the meaning given the term in section 302 of the Clean Air Act (42 U.S.C. 7602).
State
The term State has the meaning given that term in section 302 of the Clean Air Act (42 U.S.C. 7602).
Authorizations for Pollution Reduction, Transition, and Adaptation
Structure of Act
Authorized and allocated programs
The following programs authorized under this division are eligible to receive an allocation under title VII of the Clean Air Act:
The program for greenhouse gas emission reductions through transportation efficiency under part C of title VIII the Clean Air Act (as added by sections 112 and 113 of this division).
The program for nuclear worker training under section 132 of this division and 214 of division B.
State recycling programs under section 154 of this division and section 211 of division B.
The supplemental agriculture and forestry greenhouse gas reduction and renewable energy program under section 155 of this division and section 215 of division B.
The program for energy efficiency in building codes under section 163 of this division and section 203 of division B.
The program for retrofit for energy and environmental performance under section 164 of this division and section 204 of division B.
The program for worker transition under part 2 of subtitle A of title III of this division and section 210 of division B.
The program for public health and climate change under subpart B of part 1 of subtitle C of title III of this division and section 212 of division B.
The program for climate change safeguards for natural resources conservation under subpart C of part 1 of subtitle C of title III of this division and section 213 of division B.
The program for emission reductions from reduced deforestation under section 753 of the Clean Air Act (as added by section 322 of this division) and section 771(d) of the Clean Air Act (as added by section 111 of division B).
The International Clean Energy Deployment Program under section 323 of this division and section 207 of division B.
The international climate change adaptation and global security program under 324 of this division and section 208 of division B.
The program for water system mitigation and adaptation partnerships under section 381 of this division and section 211 of division B.
The program for flood control, protection, prevention, and response under section 382 of this division and section 211 of division B.
The program for wildfire under section 383 of this division and section 211 of division B.
The Coastal and Great Lakes State Adaptation Program under section 384 of this division and section 211 of division B.
Allocated programs
The following allocations are provided under title VII of the Clean Air Act:
The Market Stability Reserve Fund under section 726 of the Clean Air Act (as added by section 101 of division B).
The program to ensure real reductions in industrial emissions under part F of title VII of the Clean Air Act (as added by section 141 of division B).
The program for electricity consumers pursuant to section 772 of the Clean Air Act (as added by section 111 of division B).
The program for natural gas consumers pursuant to section 773 of the Clean Air Act (as added by section 111 of division B).
The program for home heating oil and propane consumers pursuant to section 774 of the Clean Air Act (as added by section 111 of division B).
The program for domestic fuel production, including petroleum refiners and small business refiners, under section 775 of the Clean Air Act (as added by section 111 of division B).
The program for climate change consumer refunds and low- and moderate-income consumers pursuant to section 776 of the Clean Air Act (as added by section 111 of division B), including—
consumer rebates under section 776(a) of the Clean Air Act (as so added); and
energy refunds under section 776(b) of the Clean Air Act (as so added).
The program for commercial deployment of carbon capture and storage technology under section 780 of the Clean Air Act (as added by section 111 of division B).
The program for early action recognition pursuant to section 782 of the Clean Air Act (as added by section 111 of division B).
The program for investment in clean vehicle technology under section 201 of division B.
The program for State and local investment in energy efficiency and renewable energy under section 202 of division B.
The program for Energy Innovation Hubs pursuant to section 205 of division B.
The program for ARPA–E research pursuant to section 206 of division B.
The program for energy efficiency and renewable energy worker training under section 209 of division B.
The State programs for greenhouse gas reduction and climate adaptation pursuant to section 211 of division B.
Nonallocated programs
The following programs are authorized under this division:
The SmartWay Transportation Efficiency Program under section 822 of the Clean Air Act (as added by section 114 of this division).
The carbon capture and sequestration demonstration and early deployment program under section 125 of this division.
The nuclear safety and waste management programs under section 133 of this division.
Water efficiency programs under subtitle D of title I of this division.
The Office of Consumer Advocacy under section 151 of this division.
The clean technology business competition grant program under section 152 of this division.
The product carbon disclosure program under section 153 of this division.
The Economic Development Climate Change Fund under section 219 of the Public Works and Economic Development Act of 1965 (as added by section 156 of this division).
The program for renewable energy under section 161 of this division.
The program for advanced biofuels under section 162 of this division.
The program for emission reductions from public transportation vehicles under subtitle G of title I of this division.
The Clean Energy and Accelerated Emission Reduction Program under section 181 of this division.
The program for advanced natural gas technologies under section 182 of this division.
The program for advanced energy research under subtitle A of title II of this division.
The program for drinking water adaptation, technology, education, and research under subtitle B of title II of this division.
The program for clean energy curriculum development grants under section 301 of this division.
The program for Development of Information and Resources clearinghouse for vocational education and job training in renewable energy sectors under section 302 of this division.
The green construction careers demonstration project under section 303 of this division.
Greenhouse gas reduction programs
Clean transportation
Emission standards
Title VIII of the Clean Air Act (as added by section 121 of division B) is amended by adding at the end the following:
Mobile Sources
Greenhouse gas emission standards for mobile sources
New motor vehicles and new motor vehicle engines
Pursuant to section 202(a)(1), by December 31, 2010, the Administrator shall promulgate standards applicable to emissions of greenhouse gases from new heavy-duty motor vehicles or new heavy-duty motor vehicle engines, excluding such motor vehicles covered by the Tier II standards (as established by the Administrator as of the date of the enactment of this section). The Administrator may revise these standards from time to time.
Regulations issued under section 202(a)(1) applicable to emissions of greenhouse gases from new heavy-duty motor vehicles or new heavy-duty motor vehicle engines, excluding such motor vehicles covered by the Tier II standards (as established by the Administrator as of the date of the enactment of this section), shall contain standards that reflect the greatest degree of emissions reduction achievable through the application of technology which the Administrator determines will be available for the model year to which such standards apply, giving appropriate consideration to cost, energy, and safety factors associated with the application of such technology. Any such regulations shall take effect after such period as the Administrator finds necessary to permit the development and application of the requisite technology, and, at a minimum, shall apply for a period no less than 3 model years beginning no earlier than the model year commencing 4 years after such regulations are promulgated.
Regulations issued under section 202(a)(1) applicable to emissions of greenhouse gases from new heavy-duty motor vehicles or new heavy-duty motor vehicle engines, excluding such motor vehicles covered by the Tier II standards (as established by the Administrator as of the date of the enactment of this section), shall supersede and satisfy any and all of the rulemaking and compliance requirements of section 32902(k) of title 49, United States Code.
Other than as specifically set forth in paragraph (3) of this subsection, nothing in this section shall affect or otherwise increase or diminish the authority of the Secretary of Transportation to adopt regulations to improve the overall fuel efficiency of the commercial goods movement system.
Nonroad vehicles and engines
Pursuant to section 213(a)(4) and (5), the Administrator shall identify those classes or categories of new nonroad vehicles or engines, or combinations of such classes or categories, that, in the judgment of the Administrator, both contribute significantly to the total emissions of greenhouse gases from nonroad engines and vehicles, and provide the greatest potential for significant and cost-effective reductions in emissions of greenhouse gases. The Administrator shall promulgate standards applicable to emissions of greenhouse gases from these new nonroad engines or vehicles by December 31, 2012. The Administrator shall also promulgate standards applicable to emissions of greenhouse gases for such other classes and categories of new nonroad vehicles and engines as the Administrator determines appropriate and in the timeframe the Administrator determines appropriate. The Administrator shall base such determination, among other factors, on the relative contribution of greenhouse gas emissions, and the costs for achieving reductions, from such classes or categories of new nonroad engines and vehicles. The Administrator may revise these standards from time to time.
Standards under section 213(a)(4) and (5) applicable to emissions of greenhouse gases from those classes or categories of new nonroad engines or vehicles identified in the first sentence of paragraph (1) of this subsection, shall achieve the greatest degree of emissions reduction achievable based on the application of technology which the Administrator determines will be available at the time such standards take effect, taking into consideration cost, energy, and safety factors associated with the application of such technology. Any such regulations shall take effect at the earliest possible date after such period as the Administrator finds necessary to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compliance within such period, the applicable compliance dates for other standards, and other appropriate factors, including the period of time appropriate for the transfer of applicable technology from other applications, including motor vehicles, and the period of time in which previously promulgated regulations have been in effect.
For purposes of this section and standards under section 213(a)(4) or (5) applicable to emissions of greenhouse gases, the term ‘nonroad engines and vehicles’ shall include non-internal combustion engines and the vehicles these engines power (such as electric engines and electric vehicles), for those non-internal combustion engines and vehicles which would be in the same category and have the same uses as nonroad engines and vehicles that are powered by internal combustion engines.
Averaging, banking, and trading of emissions credits
In establishing standards applicable to emissions of greenhouse gases pursuant to this section and sections 202(a), 213(a)(4) and (5), and 231(a), the Administrator may establish provisions for averaging, banking, and trading of greenhouse gas emissions credits within or across classes or categories of motor vehicles and motor vehicle engines, nonroad vehicles and engines (including marine vessels), and aircraft and aircraft engines, to the extent the Administrator determines appropriate and considering the factors appropriate in setting standards under those sections. Such provisions may include reasonable and appropriate provisions concerning generation, banking, trading, duration, and use of credits.
Reports
The Administrator shall, from time to time, submit a report to Congress that projects the amount of greenhouse gas emissions from the transportation sector, including transportation fuels, for the years 2030 and 2050, based on the standards adopted under this section.
Greenhouse gases
Notwithstanding the provisions of section 711, hydrofluorocarbons shall be considered a greenhouse gas for purposes of this section.
.
Greenhouse gas emission reductions through transportation efficiency
Environmental protection agency
Title VIII of the Clean Air Act (as amended by section 111 of this division) is amended by adding at the end the following:
Transportation emissions
Greenhouse gas emission reductions through transportation efficiency
In general
The Administrator, in consultation with the Secretary of
Transportation (referred to in this part as the Secretary
),
shall promulgate, and update from time to time, regulations to
establish—
national transportation-related greenhouse gas emission reduction goals that are commensurate with the emission reduction goals established under the Clean Energy Jobs and American Power Act and amendments made by that Act;
standardized emission models and related methods, to be used by States, metropolitan planning organizations, and air quality agencies to address emission reduction goals, including—
the development of surface transportation-related greenhouse gas emission reduction targets pursuant to sections 134 and 135 of title 23, and sections 5303 and 5304 of title 49, United States Code;
the assessment of projected surface transportation-related greenhouse gas emissions from transportation strategies;
the assessment of projected surface transportation-related greenhouse gas emissions from State and regional transportation plans;
the establishment of surface transportation-related greenhouse gas emission baselines at a national, State, and regional level; and
the measurement and assessment of actual surface transportation-related emissions to assess progress toward achievement of emission targets at the State and regional level;
methods for collection of data on transportation-related greenhouse gas emissions; and
publication and distribution of successful strategies employed by States, metropolitan planning organizations, and other entities to reduce transportation-related greenhouse gas emissions.
Role of department of transportation
The Secretary, in consultation with the Administrator, shall promulgate, and update from time to time, regulations—
to improve the ability of transportation planning models and tools, including travel demand models, to address greenhouse gas emissions;
to assess projected surface transportation-related travel activity and transportation strategies from State and regional transportation plans; and
to update transportation planning requirements and approval of transportation plans as necessary to carry out this section.
Consultation and models
In promulgating the regulations, the Administrator and the Secretary—
shall consult with States, metropolitan planning organizations, and air quality agencies;
may use existing models and methodologies if the models and methodologies are widely considered to reflect the best practicable modeling or methodological approach for assessing actual and projected transportation-related greenhouse gas emissions from transportation plans and projects; and
shall consider previously developed plans that were based on models and methodologies for reducing greenhouse gas emissions in applying those regulations to the first approvals after promulgation.
Timing
The Administrator and the Secretary shall—
publish proposed regulations under subsections (a) and (b) not later than 1 year after the date of enactment of this section; and
promulgate final regulations under subsections (a) and (b) not later than 18 months after the date of enactment of this section.
Assessment
In general
At least every 6 years after promulgating final regulations under subsections (a) and (b), the Administrator and the Secretary shall jointly assess current and projected progress in reducing national transportation-related greenhouse gas emissions.
Requirements
The assessment shall examine the contributions to emission reductions attributable to—
improvements in vehicle efficiency;
greenhouse gas performance of transportation fuels;
reductions in vehicle miles traveled;
changes in consumer demand and use of transportation management systems; and
any other greenhouse gas-related transportation policies enacted by Congress.
Results of assessment
The Secretary and the Administrator shall consider—
the results of the assessment conducted under this subsection; and
based on those results, whether technical or other updates to regulations required under this section and sections 134 and 135 of title 23, and sections 5303 and 5304 of title 49, United States Code, are necessary.
.
Metropolitan planning organizations
Title 23
Section 134 of title 23, United States Code, is amended—
in subsection (a)(1)—
by striking
minimizing
and inserting reducing
; and
by inserting
, reliance on oil, impacts on the environment, transportation-related
greenhouse gas emissions,
after consumption
;
in subsection (h)(1)(E)—
by inserting
sustainability, and livability, reduce surface transportation-related
greenhouse gas emissions and reliance on oil, adapt to the effects of climate
change,
after energy conservation,
;
by inserting
and public health
after quality of life
;
and
by inserting
, including housing and land use patterns
after
development patterns
;
in subsection (i)—
in paragraph (4)(A)—
by striking
consult, as appropriate,
and inserting
cooperate
;
by inserting
transportation, public transportation, air quality, and housing, and
shall consult, as appropriate, with State and local agencies responsible
for
after responsible for
; and
by inserting
public health,
after conservation,
; and
in paragraph
(5)(C)(iii), by inserting and through the website of the metropolitan
planning organization, including emission reduction targets and strategies
developed under subsection (k)(6), including an analysis of the anticipated
effects of the targets and strategies,
after World Wide
Web
; and
in subsection (k), by adding at the end the following:
Transportation greenhouse gas reduction efforts
In general
Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section shall address transportation-related greenhouse gas emissions by including emission reduction targets and strategies to meet those targets.
Eligible organizations
MPOS within tmas
All provisions and requirements of this section, including the requirements of the transportation greenhouse gas reduction efforts, shall apply to metropolitan planning organizations that also serve as transportation management areas.
Other mpos
A metropolitan planning organization that does not serve as a transportation management area—
may develop transportation greenhouse gas emission reduction targets and strategies to meet those targets; and
if those targets and strategies are developed, shall be subject to all applicable provisions and requirements of this section and the Clean Energy Jobs and American Power Act, including requirements of the transportation greenhouse gas reduction efforts.
Establishment of targets and criteria
In general
Not later than 2 years after the promulgation of the final regulations required under section 831 of the Clean Air Act, each metropolitan planning organization that also serves as a transportation management area shall develop surface transportation-related greenhouse gas emission reduction targets, as well as strategies to meet those targets, in consultation with State air agencies as part of the metropolitan transportation planning process under this section.
Multiple designations
If more than 1 metropolitan planning organization has been designated within a metropolitan area, each metropolitan planning organization shall coordinate with other metropolitan planning organizations in the same metropolitan area to develop the targets and strategies described in clause (i).
Minimum requirements
Each metropolitan transportation plan developed by a metropolitan planning organization under clause (i) shall, within the plan, demonstrate progress in stabilizing and reducing transportation-related greenhouse gas emissions so as to contribute to the achievement of State targets pursuant to section 135(f)(9).
Requirements for targets and strategies
The targets and strategies developed under this subparagraph shall, at a minimum—
be based on the emission and travel demand models and related methodologies established in the final regulations required under section 831 of the Clean Air Act;
inventory all sources of surface transportation-related greenhouse gas emissions;
apply to those modes of surface transportation that are addressed in the planning process under this section;
be integrated and consistent with regional transportation plans and transportation improvement programs; and
be selected through scenario analysis, and include, pursuant to the requirements of the transportation planning process under this section, transportation investment and management strategies that reduce greenhouse gas emissions from the transportation sector over the life of the plan, such as—
efforts to increase public transportation ridership, including through service improvements, capacity expansions, and access enhancement;
efforts to increase walking, bicycling, and other forms of nonmotorized transportation;
implementation of zoning and other land use regulations and plans to support infill, transit-oriented development, redevelopment, or mixed use development;
travel demand management programs (including carpool, vanpool, or car-share projects), transportation pricing measures, parking policies, and programs to promote telecommuting, flexible work schedules, and satellite work centers;
surface transportation system operation improvements, including intelligent transportation systems or other operational improvements to reduce long-term greenhouse gas emissions through reduced congestion and improved system management;
intercity passenger rail improvements;
intercity bus improvements;
freight rail improvements;
use of materials or equipment associated with the construction or maintenance of transportation projects that reduce greenhouse gas emissions;
public facilities for supplying electricity to electric or plug-in hybrid-electric vehicles; or
any other effort that demonstrates progress in reducing transportation-related greenhouse gas emissions in each metropolitan planning organization under this subsection.
Review and approval
Not later than 180 days after the date of submission of a plan under this section—
the Secretary and the Administrator shall review the plan; and
the Secretary shall approve a plan developed by a metropolitan planning organization pursuant to subparagraph (C) if—
the Secretary finds that a metropolitan planning organization has developed, submitted, and published the plan of the metropolitan planning organization pursuant to this section;
the Secretary, in consultation with the Administrator, determines that the plan is likely to achieve the targets established by the metropolitan planning organization under this subsection; and
the development of the plan complies with the minimum requirements established under clauses (iii) and (iv) of subparagraph (C).
Certification
Failure to comply with the requirements under subparagraph (C) shall not impact certification standards under paragraph (5).
Definition of metropolitan planning organization
In this subsection, the term metropolitan planning organization means a metropolitan planning organization described in clause (i) or (ii) of paragraph (6)(B).
Scenario analysis
The term scenario analysis means the use of a planning tool that—
develops a range of scenarios representing various combinations of transportation and land use strategies, and estimates of how each of those scenarios would perform in meeting the greenhouse gas emission reduction targets based on analysis of various forces (such as health, transportation, economic or environmental factors, and land use) that affect growth;
may include features such as—
the involvement of the general public, key stakeholders, and elected officials on a broad scale;
the creation of an opportunity for those participants to educate each other as to growth trends and trade-offs, as a means to incorporate values and feedback into future plans; and
the use of continuing efforts and ongoing processes; and
may include key elements such as—
identification of the driving forces behind planning decisions and outcomes;
determination of patterns of interaction;
creation of scenarios for discussion purposes;
analysis of implications;
evaluation of scenarios; and
use of monitoring indicators.
.
Title 49
Section 5303 of title 49, United States Code, is amended—
in subsection (a)(1)—
by striking
minimizing
and inserting reducing
; and
by inserting
, reliance on oil, impacts on the environment, transportation-related
greenhouse gas emissions,
after consumption
;
in subsection (h)(1)(E)—
by inserting
sustainability, and livability, reduce surface transportation-related
greenhouse gas emissions and reliance on oil, adapt to the effects of climate
change,
after energy conservation,
;
by inserting
and public health
after quality of life
;
and
by inserting
, including housing and land use patterns
after
development patterns
;
in subsection (i)—
in paragraph (4)(A)—
by striking
consult, as appropriate,
and inserting
cooperate
;
by inserting
transportation, public transportation, air quality, and housing, and
shall consult, as appropriate, with State and local agencies responsible
for
after responsible for
; and
by inserting
public health,
after conservation,
; and
in paragraph
(5)(C)(iii), by inserting and through the website of the metropolitan
planning organization, including emission reduction targets and strategies
developed under subsection (k)(6), including an analysis of the anticipated
effects of the targets and strategies,
after World Wide
Web
; and
in subsection (k), by adding at the end the following:
Transportation greenhouse gas reduction efforts
In general
Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section shall address transportation-related greenhouse gas emissions by including emission reduction targets and strategies to meet those targets.
Eligible organizations
In general
The requirements of the transportation greenhouse gas reduction efforts shall apply only to metropolitan planning organizations within a transportation management area.
Development of plan
A metropolitan planning organization that does not serve as a transportation management area—
may develop transportation greenhouse gas emission reduction targets and strategies to meet those targets; and
if those targets and strategies are developed, shall be subject to all provisions and requirements of this section, including requirements of the transportation greenhouse gas reduction efforts.
Establishment of targets and criteria
In general
Not later than 2 years after the promulgation of the final regulations required under section 831 of the Clean Air Act, each metropolitan planning organization shall develop surface transportation-related greenhouse gas emission reduction targets, as well as strategies to meet those targets, in consultation with State air agencies as part of the metropolitan transportation planning process under this section.
Multiple designations
If more than 1 metropolitan planning organization has been designated within a metropolitan area, each metropolitan planning organization shall coordinate with other metropolitan planning organizations in the same metropolitan area to develop the targets and strategies described in clause (i).
Minimum requirements
Each metropolitan transportation plan developed by a metropolitan planning organization under clause (i) shall, within the plan, demonstrate progress in stabilizing and reducing transportation-related greenhouse gas emissions so as to contribute to the achievement of State targets pursuant to section 135(f)(9) of title 23.
Requirements for targets and strategies
The targets and strategies developed under this subparagraph shall, at a minimum—
be based on the emission models and related methodologies established in the final regulations required under section 831 of the Clean Air Act;
inventory all sources of surface transportation-related greenhouse gas emissions;
apply to those modes of surface transportation that are addressed in the planning process under this section;
be integrated and consistent with regional transportation plans and transportation improvement programs; and
be selected through scenario analysis (as defined in section 134(k) of title 23), and include, pursuant to the requirements of the transportation planning process under this section, transportation investment and management strategies that reduce greenhouse gas emissions from the transportation sector over the life of the plan, such as—
efforts to increase public transportation ridership, including through service improvements, capacity expansions, and access enhancement;
efforts to increase walking, bicycling, and other forms of nonmotorized transportation;
implementation of zoning and other land use regulations and plans to support infill, transit-oriented development, redevelopment, or mixed use development;
travel demand management programs (including carpool, vanpool, or car-share projects), transportation pricing measures, parking policies, and programs to promote telecommuting, flexible work schedules, and satellite work centers;
surface transportation system operation improvements, including intelligent transportation systems or other operational improvements to reduce long-term greenhouse gas emissions through reduced congestion and improved system management;
intercity passenger rail improvements;
intercity bus improvements;
freight rail improvements;
use of materials or equipment associated with the construction or maintenance of transportation projects that reduce greenhouse gas emissions;
public facilities for supplying electricity to electric or plug-in hybrid-electric vehicles; or
any other effort that demonstrates progress in reducing transportation-related greenhouse gas emissions in each metropolitan planning organization under this subsection.
Review and approval
Not later than 180 days after the date of submission of a plan under this section—
the Secretary and the Administrator shall review the plan; and
the Secretary shall approve a plan developed by a metropolitan planning organization pursuant to subparagraph (C) if—
the Secretary finds that a metropolitan planning organization has developed, submitted, and published the plan of the metropolitan planning organization pursuant to this section;
the Secretary, in consultation with the Administrator, determines that the plan is likely to achieve the targets established by the metropolitan planning organization under this subsection; and
the development of the plan complies with the minimum requirements established under clauses (iii) and (iv) of subparagraph (C).
Certification
Failure to comply with the requirements under subparagraph (C) shall not impact certification standards under paragraph (5).
Definition of metropolitan planning organization
In this subsection, the term
metropolitan planning organization
means a metropolitan planning
organization described in clause (i) or (ii) of paragraph
(6)(B).
.
States
Title 23
Section 135 of title 23, United States Code, is amended—
in subsection (d)(1)(E)—
by inserting
sustainability, and livability, reduce surface transportation-related
greenhouse gas emissions and reliance on oil, adapt to the effects of climate
change,
after energy conservation,
;
by inserting
and public health
after quality of life
;
and
by inserting
, including housing and land use patterns
after
development patterns
; and
in subsection (f)—
in paragraph (2)(D)(i)—
by striking
, as appropriate, in consultation
and inserting in
cooperation
;
by inserting
State and local agencies responsible for transportation, public
transportation, air quality, and housing and in consultation with
before State, tribal
; and
by inserting
public health,
after conservation,
;
in paragraph
(3)(B)(iii), by inserting and through the website of the State,
including emission reduction targets and strategies developed under paragraph
(9) and an analysis of the anticipated effects of the targets and
strategies
after World Wide Web
; and
by adding at the end the following:
Transportation greenhouse gas reduction efforts
In general
Within a State, the transportation planning process under this section, shall address transportation-related greenhouse gas emissions by including emission reduction targets and strategies to meet those targets.
Establishment of targets and criteria
In general
Not later than 2 years after the promulgation of the final regulations required under section 831 of the Clean Air Act, each State shall develop surface transportation-related greenhouse gas emission reduction targets, as well as strategies to meet those targets, in consultation with State air agencies as part of the transportation planning process under this section.
Minimum requirements
Each transportation plan developed by a State under clause (i) shall, within the plan, demonstrate progress in stabilizing and reducing transportation-related greenhouse gas emissions in the State so as to contribute to the achievement of national targets pursuant to section 831(a)(1) of the Clean Air Act.
Requirements for targets and strategies
The targets and strategies developed under this subparagraph shall, at a minimum—
be based on the emission models and related methodologies established in the final regulations required under section 831 of the Clean Air Act;
inventory all sources of surface transportation-related greenhouse gas emissions;
apply to those modes of surface transportation that are addressed in the planning process under this section;
be integrated and consistent with statewide transportation plans and statewide transportation improvement programs; and
be selected through scenario analysis (as defined in section 134(k)), and include, pursuant to the requirements of the transportation planning process under this section, transportation investment and management strategies that reduce greenhouse gas emissions from the transportation sector over the life of the plan, such as—
efforts to increase public transportation ridership, including through service improvements, capacity expansions, and access enhancement;
efforts to increase walking, bicycling, and other forms of nonmotorized transportation;
implementation of zoning and other land use regulations and plans to support infill, transit-oriented development, redevelopment, or mixed use development;
travel demand management programs (including carpool, vanpool, or car-share projects), transportation pricing measures, parking policies, and programs to promote telecommuting, flexible work schedules, and satellite work centers;
surface transportation system operation improvements, including intelligent transportation systems or other operational improvements to reduce congestion and improve system management;
intercity passenger rail improvements;
intercity bus improvements;
freight rail improvements;
use of materials or equipment associated with the construction or maintenance of transportation projects that reduce greenhouse gas emissions;
public facilities for supplying electricity to electric or plug-in hybrid-electric vehicles; or
any other effort that demonstrates progress in reducing transportation-related greenhouse gas emissions.
Coordination and consultation with public agencies
Transportation greenhouse gas targets and plans pursuant to this section shall be developed—
in coordination with—
all metropolitan planning organizations covered by this section within the State; and
transportation and air quality agencies within the State; and
in consultation with representatives of State and local housing, economic development, and land use agencies.
Enforcement
Not later than 180 days after the date of submission of a plan under this section—
the Secretary and the Administrator shall review the plan; and
the Secretary shall approve a plan developed by a State pursuant to subparagraph (B) if—
the Secretary finds that a State has developed, submitted, and published the plan pursuant to this section;
the Secretary, in consultation with the Administrator, determines that the plan is likely to achieve the targets established by the State under this subsection; and
the development of the plan complies with the minimum requirements established under clauses (ii) and (iii) of subparagraph (B).
Planning finding
Failure to comply with the requirements under subparagraph (B) shall not impact the planning finding under subsection (g)(7).
.
Title 49
Section 5304 of title 49, United States Code is amended—
in subsection (d)(1)(E)—
by inserting
sustainability, and livability, reduce surface transportation-related
greenhouse gas emissions and reliance on oil, adapt to the effects of climate
change,
after energy conservation,
;
by inserting
and public health
after quality of life
;
and
by inserting
, including housing and land use patterns
after
development patterns
; and
in subsection (f)—
in paragraph (2)(D)(i)—
by striking
, as appropriate, in consultation
and inserting in
cooperation
;
by inserting
State and local agencies responsible for transportation, public
transportation, air quality, and housing and in consultation with
before State, tribal
; and
by inserting
public health,
after conservation,
;
in paragraph
(3)(B)(iii), by inserting and through the website of the State,
including emission reduction targets and strategies developed under paragraph
(9) and an analysis of the anticipated effects of the targets and
strategies
after World Wide Web
; and
by adding at the end the following:
Transportation greenhouse gas reduction efforts
In general
Within a State, the transportation planning process under this section, shall address transportation-related greenhouse gas emissions by including emission reduction targets and strategies to meet those targets.
Establishment of targets and criteria
In general
Not later than 2 years after the promulgation of the final regulations required under section 831 of the Clean Air Act, each State shall develop surface transportation-related greenhouse gas emission reduction targets, as well as strategies to meet those targets, in consultation with State air agencies as part of the transportation planning process under this section.
Minimum requirements
Each transportation plan developed by a State under clause (i) shall, within the plan, demonstrate progress in stabilizing and reducing transportation-related greenhouse gas emissions in the State so as to contribute to the achievement of national targets pursuant to section 831(a)(1) of the Clean Air Act.
Requirements for targets and strategies
The targets and strategies developed under this subparagraph shall, at a minimum—
be based on the emission models and related methodologies established in the final regulations required under section 831 of the Clean Air Act;
inventory all sources of surface transportation-related greenhouse gas emissions;
apply to those modes of surface transportation that are addressed in the planning process under this section;
be integrated and consistent with statewide transportation plans and statewide transportation improvement programs; and
be selected through scenario analysis (as defined in section 134(k) of title 23), and include, pursuant to the requirements of the transportation planning process under this section, transportation investment and management strategies that reduce greenhouse gas emissions from the transportation sector over the life of the plan, such as—
efforts to increase public transportation ridership, including through service improvements, capacity expansions, and access enhancement;
efforts to increase walking, bicycling, and other forms of nonmotorized transportation;
implementation of zoning and other land use regulations and plans to support infill, transit-oriented development, redevelopment, or mixed use development;
travel demand management programs (including carpool, vanpool, or car-share projects), transportation pricing measures, parking policies, and programs to promote telecommuting, flexible work schedules, and satellite work centers;
surface transportation system operation improvements, including intelligent transportation systems or other operational improvements to reduce congestion and improve system management;
intercity passenger rail improvements;
intercity bus improvements;
freight rail improvements;
use of materials or equipment associated with the construction or maintenance of transportation projects that reduce greenhouse gas emissions;
public facilities for supplying electricity to electric or plug-in hybrid-electric vehicles; or
any other effort that demonstrates progress in reducing transportation-related greenhouse gas emissions.
Coordination and consultation with public agencies
Transportation greenhouse gas targets and plans pursuant to this section shall be developed—
in coordination with—
all metropolitan planning organizations covered by this section within the State; and
transportation and air quality agencies within the State; and
in consultation with representatives of State and local housing, economic development, and land use agencies.
Enforcement
Not later than 180 days after the date of submission of a plan under this section—
the Secretary and the Administrator shall review the plan; and
the Secretary shall approve a plan developed by a State pursuant to subparagraph (B) if—
the Secretary finds that a State has developed, submitted, and published the plan pursuant to this section;
the Secretary, in consultation with the Administrator, determines that the plan is likely to achieve the targets established by the State under this subsection; and
the development of the plan complies with the minimum requirements established under clauses (ii) and (iii) of subparagraph (B).
Planning finding
Failure to comply with the requirements under subparagraph (B) shall not impact the planning finding under subsection (g)(7).
.
Applicability
Section 304 of the Clean Air Act (42 U.S.C. 7604) shall not apply to the planning provisions of this section or any amendment made by this section.
Land Use Authority
Nothing in this section or an amendment made by this section—
infringes on the existing authority of local governments to plan or control land use; or
provides or transfers authority over land use to any other entity.
Transportation greenhouse gas emission reduction program grants
Part C of title VIII of the Clean Air Act (as amended by section 112) is amended by adding at the end the following:
Transportation greenhouse gas emission reduction program grants
In general
The Secretary of Transportation (referred to in this
section as the Secretary
) shall provide grants to States and
metropolitan planning organizations to carry out the purposes of this section
for each fiscal year—
to support the developing and updating of transportation greenhouse gas reduction targets and strategies; and
to provide financial assistance to implement plans approved pursuant to—
sections 134(k)(6) and 135(f)(9) of title 23, United States Code; and
sections 5303(k)(6) and 5304(f)(9) of title 49, United States Code.
Planning grants
In general
Subject to paragraph (2), the Secretary shall allocate not more than 5 percent of the funds available to carry out this section for a fiscal year for metropolitan planning organizations to develop and update transportation plans, including targets and strategies for greehouse gas emission reduction under—
sections 134(k)(6) and 135(f)(9) of title 23, United States Code; and
sections 5303(k)(6) and 5304(f)(9) of title 49, United States Code.
Eligible organizations
The Secretary shall distribute the funds available in (1) to metropolitan planning organizations (as defined in section 134(k)(7) of title 23, United States Code) in the proportion that—
the population within such a metropolitan planning organization; bears to
the total population of all such metropolitan planning organizations.
Performance grants
In general
After allocating funds pursuant to subsection (b)(1), the Secretary shall use the remainder of amounts made available to carry out this section to provide grants to States and metropolitan planning organizations.
Criteria
In providing grants under this subsection, the Secretary, in consultation with the Administrator, shall develop criteria for providing the grants, taking into consideration, with respect to areas to be covered by the grants—
the quantity of total greenhouse gas emissions to be reduced as a result of implementation of a plan, within a covered area, as determined by methods established under section 831(a);
the quantity of total greenhouse gas emissions to be reduced per capita as a result of implementation of a plan, within the covered area, as determined by methods established under section 831(a);
the cost-effectiveness of reducing greenhouse gas emissions during the life of the plan;
progress toward achieving emission reductions target established under—
sections 134(k)(6) and 135(f)(9) of title 23, United States Code; and
sections 5303(k)(6) and 5304(f)(9) of title 49, United States Code;
reductions in greenhouse gas emissions previously achieved by States and metropolitan planning organizations during the 5-year period beginning on the date of enactment of this Act;
plans that increase transportation options and mobility, particularly for low-income individuals, minorities, the elderly, households without motor vehicles, cost-burdened households, and the disabled; and
other factors, including innovative approaches, minimization of costs, and consideration of economic development, revenue generation, consumer fuel cost-savings, and other economic, environmental and health benefits, as the Secretary determines to be appropriate.
Requirement for reduced emissions
A performance grant under subsection (c) may be used only to fund strategies that demonstrate a reduction in greenhouse gas emissions that is sustainable over the life of the applicable transportation plan.
Cost-Sharing
The Federal share of the costs of a project receiving Federal financial assistance under this section shall be 80 percent.
Compliance with applicable laws
In general
Subject to paragraph (2), a project receiving funds under this section shall comply with all applicable Federal laws (including regulations), including—
subchapter IV of chapter 31 of title 40, United States Code; and
applicable requirements of titles 23 and 49, United States Code.
Eligibility
Project eligibility shall be determined in accordance with this section.
Determination of applicable modal requirements
The Secretary shall—
have the discretion to designate the specific modal requirements that shall apply to a project; and
be guided by the predominant modal characteristics of the project in the event that a project has cross-modal application.
Additional requirements
In general
As a condition on the receipt of financial assistance under this section, the interests of public transportation employees affected by the assistance shall be protected under arrangements that the Secretary of Labor determines—
to be fair and equitable; and
to provide benefits equal to the benefits established under section 5333(b) of title 49, United States Code.
Wages and benefits
Laborers and mechanics employed on projects funded with amounts made available under this section shall be paid wages and benefits not less than those determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code, to be prevailing in the same locality.
Miscellaneous
Road-use and congestion pricing measures
All projects funded by amounts made available under this section shall be eligible to receive amounts collected through road-use and congestion pricing measures.
Limitations
The Administrator may not approve any transportation plan for a project that would be inconsistent with existing design, procurement, and construction guidelines established by the Department of Transportation.
Subgrantees
With the approval of the Secretary, recipients of funding under this section may enter into agreements providing for the transfer of funds to noneligible public entities (such as local governments, air quality agencies, zoning commissions, special districts and transit agencies) that have statutory responsibility or authority for actions necessary to implement the strategies pursuant to—
sections 134(k)(6) and 135(f)(9) of title 23, United States Code; and
sections 5303(k)(6) and 5304(f)(9) of title 49, United States Code.
.
SmartWay transportation efficiency program
Part B of title VIII of the Clean Air Act (as amended by section 111) is amended by adding at the end the following:
SmartWay transportation efficiency program
In general
There is established within the Environmental Protection Agency a SmartWay Transportation Efficiency Program to quantify, demonstrate, and promote the benefits of technologies, products, fuels, and operational strategies that reduce petroleum consumption, air pollution, and greenhouse gas emissions from the mobile source sector.
General duties
Under the program established under this section, the Administrator shall carry out each of the following:
Development of measurement protocols to evaluate the energy consumption and greenhouse gas impacts from technologies and strategies in the mobile source sector, including those for passenger transport and goods movement.
Development of qualifying thresholds for certifying, verifying, or designating energy-efficient, low-greenhouse gas SmartWay technologies and strategies for each mode of passenger transportation and goods movement.
Development of partnership and recognition programs to promote best practices and drive demand for energy-efficient, low-greenhouse gas transportation performance.
Promotion of the availability of, and encouragement of the adoption of, SmartWay certified or verified technologies and strategies, and publication of the availability of financial incentives, such as assistance from loan programs and other Federal and State incentives.
SmartWay transport freight partnership
The Administrator shall establish a SmartWay Transport Partnership program with shippers and carriers of goods to promote energy-efficient, low-greenhouse gas transportation. In carrying out such partnership, the Administrator shall undertake each of the following:
Verification of the energy and greenhouse gas performance of participating freight carriers, including those operating rail, trucking, marine, and other goods movement operations.
Publication of a comprehensive energy and greenhouse gas performance index of freight modes (including rail, trucking, marine, and other modes of transporting goods) and individual freight companies so that shippers can choose to deliver their goods more efficiently.
Development of tools for—
carriers to calculate their energy and greenhouse gas performance; and
shippers to calculate the energy and greenhouse gas impacts of moving their products and to evaluate the relative impacts from transporting their goods by different modes and corporate carriers.
Provision of recognition opportunities for participating shipper and carrier companies demonstrating advanced practices and achieving superior levels of greenhouse gas performance.
Improving freight greenhouse gas performance databases
The Administrator shall, in coordination with the Secretary of Commerce and other appropriate agencies, define and collect data on the physical and operational characteristics of the Nation’s truck population, with special emphasis on data related to energy efficiency and greenhouse gas performance to inform the performance index published under subsection (c)(2) of this section, and other means of goods transport as necessary, at least every 5 years as part of the economic census required under title 13, United States Code.
Establishment of financing program
The Administrator shall establish a SmartWay Financing Program to competitively award funding to eligible entities identified by the Administrator in accordance with the program requirements in subsection (g).
Purposes
Under the SmartWay Financing Program, eligible entities shall—
use funds awarded by the Administrator to provide flexible loan and/or lease terms that increase approval rates or lower the costs of loans and/or leases in accordance with guidance developed by the Administrator;
make such loans and/or leases available to public and private entities for the purpose of adopting low-greenhouse gas technologies or strategies for the mobile source sector that are designated by the Administrator; and
use funds provided by the Administrator for electrification of freight transportation systems in major national goods movement corridors, giving priority to electrification of transportation systems in areas that are gateways for high volumes of international and national freight transport and require substantial criteria pollutant emission reductions in order to attain national ambient air quality standards.
Program requirements
The Administrator shall determine program design elements and requirements, including—
the type of financial mechanism with which to award funding, in the form of grants and/or contracts;
the designation of eligible entities to receive funding, such as State, tribal, and local governments, regional organizations comprised of governmental units, nonprofit organizations, or for-profit companies;
criteria for evaluating applications from eligible entities, including anticipated—
cost-effectiveness of loan or lease program on a metric-ton-of-greenhouse gas-saved-per-dollar basis; and
ability to promote the loan or lease program and associated technologies and strategies to the target audience; and
reporting requirements for entities that receive awards, including—
actual cost-effectiveness and greenhouse gas savings from the loan or lease program based on a methodology designated by the Administrator;
the total number of applications and number of approved applications; and
terms granted to loan and lease recipients compared to prevailing market practices and/or rates.
Authorization of appropriations
Such sums as necessary are authorized to be appropriated to the Administrator to carry out this section.
.
Carbon capture and sequestration
National strategy
In general
Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Energy, the Secretary of the Interior, and the heads of such other relevant Federal agencies as the President may designate, shall submit to Congress a report establishing a unified and comprehensive strategy to address the key legal, regulatory, and other barriers to the commercial-scale deployment of carbon capture and storage.
Barriers
The report under this section shall—
identify the regulatory, legal, and other gaps and barriers that—
could be addressed by a Federal agency using existing statutory authority;
require Federal legislation, if any; or
would be best addressed at the State, tribal, or regional level;
identify regulatory implementation challenges, including challenges relating to approval of State and tribal programs and delegation of authority for permitting; and
recommend rulemakings, Federal legislation, or other actions that should be taken to further evaluate and address those barriers.
Finding
Congress finds that it is in the public interest to achieve widespread, commercial-scale deployment of carbon capture and storage in the United States and throughout Asia before January 1, 2030.
Regulations for geological sequestration sites
Coordinated certification and permitting process
Part A of title VIII of the Clean Air Act (as amended by section 124 of this division) is amended by adding at the end the following:
Geological storage sites
Coordinated process
In general
The Administrator shall establish a coordinated approach to certifying and permitting geological storage, taking into consideration all relevant statutory authorities.
Requirements
In establishing such approach, the Administrator shall—
take into account,
and reduce redundancy with, the requirements of section 1421 of the Safe
Drinking Water Act (42 U.S.C. 300h), including the rulemaking for geological
storage wells described in the proposed rule entitled Federal
Requirements Under the Underground Injection Control (UIC) Program for Carbon
Dioxide (CO2) Geologic Sequestration (GS) Wells
(73 Fed. Reg. 43492
(July 25, 2008)); and
to the maximum extent practicable, reduce the burden on certified entities and implementing authorities.
Regulations
Not later than 2 years after the date of enactment of this title, the Administrator shall promulgate regulations to protect human health and the environment by minimizing the risk of escape to the atmosphere of carbon dioxide injected for purposes of geological storage.
Requirements
The regulations under subsection (b) shall include—
a process to obtain certification for geological storage under this section; and
requirements for—
monitoring, recordkeeping, and reporting for emissions associated with injection into, and escape from, geological storage sites, taking into account any requirements or protocols developed under section 713;
public participation in the certification process that maximizes transparency;
the sharing of data among States, Indian tribes, and the Environmental Protection Agency; and
other elements or safeguards necessary to achieve the purpose described in subsection (b).
Report
In general
Not later than 2 years after the date of promulgation of regulations pursuant to subsection (b), and not less frequently than once every 3 years thereafter, the Administrator shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing geological storage in the United States, and, to the extent relevant, other countries in North America.
Inclusions
Each report under paragraph (1) shall include—
data regarding injection, emissions to the atmosphere, if any, and performance of active and closed geological storage sites, including those at which enhanced hydrocarbon recovery operations occur;
an evaluation of the performance of relevant Federal environmental regulations and programs in ensuring environmentally protective geological storage practices;
recommendations on how those programs and regulations should be improved or made more effective; and
other relevant information.
.
Safe Drinking Water Act standards
Section 1421 of the Safe Drinking Water Act (42 U.S.C. 300h) is amended by adding at the end the following:
Carbon dioxide geological storage wells
In general
Not later than 1 year after the date of enactment of this subsection, the Administrator shall promulgate regulations under subsection (a) for carbon dioxide geological storage wells.
Financial responsibility
In general
The regulations under paragraph (1) shall include requirements for maintaining evidence of financial responsibility, including financial responsibility for emergency and remedial response, well plugging, site closure, and post-injection site care.
Regulations
Financial responsibility may be established for carbon dioxide geological wells in accordance with regulations promulgated by the Administrator by any 1, or any combination, of the following:
Insurance.
Guarantee.
Trust.
Standby trust.
Surety bond.
Letter of credit.
Qualification as a self-insurer.
Any other method satisfactory to the Administrator.
.
Studies and reports
Study of legal framework for geological storage sites
Establishment of task force
In general
As soon as practicable, but not later than 180 days after the date of enactment of this Act, the Administrator shall establish a task force, to be composed of an equal number of—
subject matter experts;
nongovernmental organizations with expertise regarding environmental policy;
academic experts with expertise in environmental law;
State and tribal officials with environmental expertise;
representatives of State and tribal attorneys general;
representatives of the Environmental Protection Agency, the Department of the Interior, the Department of Energy, the Department of Transportation, and other relevant Federal agencies; and
members of the private sector.
Study
The task force established under subparagraph (A) shall conduct a study of—
existing Federal environmental statutes, State environmental statutes, and State common law that apply to geological storage sites for carbon dioxide, including the ability of those laws to serve as risk management tools;
the existing statutory framework, including Federal and State laws, that apply to harm and damage to the environment or public health at closed sites at which carbon dioxide injection has been used for enhanced hydrocarbon recovery;
the statutory framework, environmental health and safety considerations, implementation issues, and financial implications of potential models for Federal, State, or private sector assumption of liabilities and financial responsibilities with respect to closed geological storage sites;
private sector mechanisms, including insurance and bonding, that may be available to manage environmental, health, and safety risks from closed geological storage sites; and
the subsurface mineral rights, water rights, and property rights issues associated with geological storage of carbon dioxide, including issues specific to Federal land.
Report
Not later than 18 months after the date of enactment of this Act, the task force established under paragraph (1)(A) shall submit to Congress a report describing the results of the study conducted under that paragraph, including any consensus recommendations of the task force.
Environmental statutes
Study
The Administrator shall conduct a study of the means by which, and under what circumstances, the environmental statutes for which the Environmental Protection Agency has responsibility would apply to carbon dioxide injection and geological storage activities.
Report
Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the results of the study conducted under paragraph (1).
Performance standards for coal-fueled power plants
In general
Part A of title VIII of the Clean Air Act (as added by section 121 of division B) is amended by adding at the end the following:
Performance standards for new coal-fired power plants
Definitions
For purposes of this section:
Covered EGU
The term covered EGU means a utility unit that is required to have a permit under section 503(a) and is authorized under State or Federal law to derive at least 30 percent of its annual heat input from coal, petroleum coke, or any combination of these fuels.
Initially permitted
The term initially permitted means that the owner or operator has received a preconstruction approval or permit under this Act, for the covered EGU as a new (not a modified) source, but administrative review or appeal of such approval or permit has not been exhausted. A subsequent modification of any such approval or permits, ongoing administrative or court review, appeals, or challenges, or the existence or tolling of any time to pursue further review, appeals, or challenges shall not affect the date on which a covered EGU is considered to be initially permitted under this paragraph.
Standards
A covered EGU that is initially permitted on or after January 1, 2020, shall achieve an emission limit that is a 65 percent reduction in emissions of the carbon dioxide produced by the unit, as measured on an annual basis, or meet such more stringent standard as the Administrator may establish pursuant to subsection (c).
A covered EGU that is initially permitted after January 1, 2009, and before January 1, 2020, shall, by the applicable compliance date established under this paragraph, achieve an emission limit that is a 50 percent reduction in emissions of the carbon dioxide produced by the unit, as measured on an annual basis. Compliance with the requirement set forth in this paragraph shall be required by the earliest of the following:
Four years after the date the Administrator has published pursuant to subsection (d) a report that there are in commercial operation in the United States electric generating units or other stationary sources equipped with carbon capture and sequestration technology that, in the aggregate—
have a total of at least 4 gigawatts of nameplate generating capacity of which—
at least 3 gigawatts must be electric generating units; and
up to 1 gigawatt may be industrial applications, for which capture and sequestration of 3,000,000 tons of carbon dioxide per year on an aggregate annualized basis shall be considered equivalent to 1 gigawatt;
include at least 2 electric generating units, each with a nameplate generating capacity of 250 megawatts or greater, that capture, inject, and sequester carbon dioxide into geologic formations other than oil and gas fields; and
are capturing and sequestering in the aggregate at least 12,000,000 tons of carbon dioxide per year, calculated on an aggregate annualized basis.
January 1, 2025.
If the deadline for compliance with paragraph (2) is January 1, 2025, the Administrator may extend the deadline for compliance by a covered EGU by up to 18 months if the Administrator makes a determination, based on a showing by the owner or operator of the unit, that it will be technically infeasible for the unit to meet the standard by the deadline. The owner or operator must submit a request for such an extension by no later than January 1, 2022, and the Administrator shall provide for public notice and comment on the extension request.
Review and revision of standards
Not later than 2025 and at 5-year intervals thereafter, the Administrator shall review the standards for new covered EGUs under this section and shall, by rule, reduce the maximum carbon dioxide emission rate for new covered EGUs to a rate which reflects the degree of emission limitation achievable through the application of the best system of emission reduction which (taking into account the cost of achieving such reduction and any nonair quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated.
Reports
Not later than 18 months after the date of enactment of this title and semiannually thereafter, the Administrator shall publish a report on the nameplate capacity of units (determined pursuant to subsection (b)(2)(A)) in commercial operation in the United States equipped with carbon capture and sequestration technology, including the information described in subsection (b)(2)(A) (including the cumulative generating capacity to which carbon capture and sequestration retrofit projects meeting the criteria described in section 775(b)(1)(A)(ii) and (b)(1)(A)(iv)(II) has been applied and the quantities of carbon dioxide captured and sequestered by such projects).
Regulations
Not later than 2 years after the date of enactment of this title, the Administrator shall promulgate regulations to carry out the requirements of this section.
.
Carbon capture and sequestration demonstration and early deployment program
Definitions
For purposes of this section:
Secretary
The term Secretary means the Secretary of Energy.
Distribution utility
The term distribution utility means an entity that distributes electricity directly to retail consumers under a legal, regulatory, or contractual obligation to do so.
Electric utility
The term electric utility has the meaning provided by section 3 of the Federal Power Act (16 U.S.C. 796).
Fossil fuel-based electricity
The term fossil fuel-based electricity means electricity that is produced from the combustion of fossil fuels.
Fossil fuel
The term fossil fuel means coal, petroleum, natural gas or any derivative of coal, petroleum, or natural gas.
Corporation
The term Corporation means the Carbon Storage Research Corporation established in accordance with this section.
Qualified industry organization
The term qualified industry organization means the Edison Electric Institute, the American Public Power Association, the National Rural Electric Cooperative Association, a successor organization of such organizations, or a group of owners or operators of distribution utilities delivering fossil fuel-based electricity who collectively represent at least 20 percent of the volume of fossil fuel-based electricity delivered by distribution utilities to consumers in the United States.
Retail consumer
The term retail consumer means an end-user of electricity.
Carbon Storage Research Corporation
Establishment
Referendum
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. Voting rights in such referendum shall be based on the quantity of fossil fuel-based electricity delivered to consumers in the previous calendar year or other representative period as determined by the Secretary pursuant to subsection (f). 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 pursuant to subparagraph (B). All distribution utilities voting in the referendum shall certify to the independent auditing firm the quantity of fossil fuel-based electricity represented by their vote.
State regulatory authorities
Upon its own motion or the petition of a qualified industry organization, each State regulatory authority shall consider its support or opposition to the creation of the Corporation under subparagraph (A). State regulatory authorities may notify the independent auditing firm referred to in subparagraph (A) of their views on the creation of the Corporation within 180 days after the date of enactment of this Act. 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 as provided in subparagraph (A).
Termination
The Corporation shall be authorized to collect assessments and conduct operations pursuant to this section for a 10-year period from the date 6 months after the date of enactment of this Act. After such 10-year period, the Corporation is no longer authorized to collect assessments and shall be dissolved on the date 15 years after such date of enactment, unless the period is extended by an Act of Congress.
Governance
The
Corporation shall operate as a division or affiliate of the Electric Power
Research Institute (referred to in this section as EPRI
) and be
managed by a Board of not more than 15 voting members responsible for its
operations, including compliance with this section. EPRI, in consultation with
the Edison Electric Institute, the American Public Power Association and the
National Rural Electric Cooperative Association shall appoint the Board members
under clauses (i), (ii), and (iii) of subparagraph (A) from among candidates
recommended by those organizations. At least a majority of the Board members
appointed by EPRI shall be representatives of distribution utilities subject to
assessments under subsection (d).
Members
The Board shall include at least 1 representative of each of the following:
Investor-owned utilities.
Utilities owned by a State agency, a municipality, and an Indian tribe.
Rural electric cooperatives.
Fossil fuel producers.
Nonprofit environmental organizations.
Independent generators or wholesale power providers.
Consumer groups.
The National Energy Technology laboratory of the Department of Energy.
The Environmental Protection Agency.
Nonvoting Members
The Board shall also include as additional nonvoting Members the Secretary of Energy or his designee and 2 representatives of State regulatory authorities as defined in section 3 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2602), each designated by the National Association of State Regulatory Utility Commissioners from States that are not within the same transmission interconnection.
Compensation
Corporation Board members shall receive no compensation for their services, nor shall Corporation Board members be reimbursed for expenses relating to their service.
Terms
Corporation Board members shall serve terms of 4 years and may serve not more than 2 full consecutive terms. Members filling unexpired terms may serve not more than a total of 8 consecutive years. Former members of the Corporation Board may be reappointed to the Corporation Board if they have not been members for a period of 2 years. Initial appointments to the Corporation Board shall be for terms of 1, 2, 3, and 4 years, staggered to provide for the selection of 3 members each year.
Status of Corporation
The Corporation shall not be considered to be an agency, department, or instrumentality of the United States, and no officer or director or employee of the Corporation shall be considered to be an officer or employee of the United States Government, for purposes of title 5 or title 31 of the United States Code, or for any other purpose, and no funds of the Corporation shall be treated as public money for purposes of chapter 33 of title 31, United States Code, or for any other purpose.
Functions and administration of the Corporation
In general
The Corporation shall establish and administer a program to accelerate the commercial availability of carbon dioxide capture and storage technologies and methods, including technologies which capture and store, or capture and convert, carbon dioxide. Under such program competitively awarded grants, contracts, and financial assistance shall be provided and entered into with eligible entities. Except as provided in paragraph (8), the Corporation shall use all funds derived from assessments under subsection (d) to issue grants and contracts to eligible entities.
Purpose
The purposes of the grants, contracts, and assistance under this subsection shall be to support commercial-scale demonstrations of carbon capture or storage technology projects capable of advancing the technologies to commercial readiness. Such projects should encompass a range of different coal and other fossil fuel varieties, be geographically diverse, involve diverse storage media, and employ capture or storage, or capture and conversion, technologies potentially suitable either for new or for retrofit applications. The Corporation shall seek, to the extent feasible, to support at least 5 commercial-scale demonstration projects integrating carbon capture and sequestration or conversion technologies.
Eligible entities
Entities eligible for grants, contracts or assistance under this subsection may include distribution utilities, electric utilities and other private entities, academic institutions, national laboratories, Federal research agencies, State and tribal research agencies, nonprofit organizations, or consortiums of 2 or more entities. Pilot-scale and similar small-scale projects are not eligible for support by the Corporation. Owners or developers of projects supported by the Corporation shall, where appropriate, share in the costs of such projects. Projects supported by the Corporation shall meet the eligibility criteria of section 780(b) of the Clean Air Act.
Grants for early movers
Fifty percent of the funds raised under this section shall be provided in the form of grants to electric utilities that had, prior to the award of any grant under this section, committed resources to deploy a large scale electricity generation unit with integrated carbon capture and sequestration or conversion applied to a substantial portion of the unit’s carbon dioxide emissions. Grant funds shall be provided to defray costs incurred by such electricity utilities for at least 5 such electricity generation units.
Administration
The members of the Board of Directors of the Corporation shall elect a Chairman and other officers as necessary, may establish committees and subcommittees of the Corporation, and shall adopt rules and bylaws for the conduct of business and the implementation of this section. The Board shall appoint an Executive Director and professional support staff who may be employees of the Electric Power Research Institute (EPRI). After consultation with the Technical Advisory Committee established under subsection (j), the Secretary, and the Director of the National Energy Technology Laboratory to obtain advice and recommendations on plans, programs, and project selection criteria, the Board shall establish priorities for grants, contracts, and assistance; publish requests for proposals for grants, contracts, and assistance; and award grants, contracts, and assistance competitively, on the basis of merit, after the establishment of procedures that provide for scientific peer review by the Technical Advisory Committee. The Board shall give preference to applications that reflect the best overall value and prospect for achieving the purposes of the section, such as those which demonstrate an integrated approach for capture and storage or capture and conversion technologies. The Board members shall not participate in making grants or awards to entities with whom they are affiliated.
Uses of grants, contracts, and assistance
A grant, contract, or other assistance provided under this subsection may be used to purchase carbon dioxide when needed to conduct tests of carbon dioxide storage sites, in the case of established projects that are storing carbon dioxide emissions, or for other purposes consistent with the purposes of this section. The Corporation shall make publicly available at no cost information learned as a result of projects which it supports financially.
Intellectual property
The Board shall establish policies regarding the ownership of intellectual property developed as a result of Corporation grants and other forms of technology support. Such policies shall encourage individual ingenuity and invention.
Administrative expenses
Up to 5 percent of the funds collected in any fiscal year under subsection (d) may be used for the administrative expenses of operating the Corporation (not including costs incurred in the determination and collection of the assessments pursuant to subsection (d)).
Programs and budget
Before August 1 each year, the Corporation, after consulting with the Technical Advisory Committee and the Secretary and the Director of the Department’s National Energy Technology Laboratory and other interested parties to obtain advice and recommendations, shall publish for public review and comment its proposed plans, programs, project selection criteria, and projects to be funded by the Corporation for the next calendar year. The Corporation shall also publish for public review and comment a budget plan for the next calendar year, including the probable costs of all programs, projects, and contracts and a recommended rate of assessment sufficient to cover such costs. The Secretary may recommend programs and activities the Secretary considers appropriate. The Corporation shall include in the first publication it issues under this paragraph a strategic plan or roadmap for the achievement of the purposes of the Corporation, as set forth in paragraph (2).
Records; audits
The Corporation shall keep minutes, books, and records that clearly reflect all of the acts and transactions of the Corporation and make public such information. The books of the Corporation shall be audited by a certified public accountant at least once each fiscal year and at such other times as the Corporation may designate. Copies of each audit shall be provided to the Congress, all Corporation board members, all qualified industry organizations, each State regulatory authority and, upon request, to other members of the industry. If the audit determines that the Corporation’s practices fail to meet generally accepted accounting principles the assessment collection authority of the Corporation under subsection (d) shall be suspended until a certified public accountant renders a subsequent opinion that the failure has been corrected. The Corporation shall make its books and records available for review by the Secretary or the Comptroller General of the United States.
Public Access
The Corporation Board’s meetings shall be open to the public and shall occur after at least 30 days advance public notice. Meetings of the Board of Directors may be closed to the public where the agenda of such meetings includes only confidential matters pertaining to project selection, the award of grants or contracts, personnel matters, or the receipt of legal advice. The minutes of all meetings of the Corporation shall be made available to and readily accessible by the public.
Annual report
Each year the Corporation shall prepare and make publicly available a report which includes an identification and description of all programs and projects undertaken by the Corporation during the previous year. The report shall also detail the allocation or planned allocation of Corporation resources for each such program and project. The Corporation shall provide its annual report to the Congress, the Secretary, each State regulatory authority, and upon request to the public. The Secretary shall, not less than 60 days after receiving such report, provide to the President and Congress a report assessing the progress of the Corporation in meeting the objectives of this section.
Assessments
Amount
In all calendar years following its establishment, the Corporation shall collect an assessment on distribution utilities for all fossil fuel-based electricity delivered directly to retail consumers (as determined under subsection (f)). The assessments shall reflect the relative carbon dioxide emission rates of different fossil fuel-based electricity, and initially shall be not less than the following amounts for coal, natural gas, and oil:
| Fuel type | Rate of assessment per kilowatt hour |
| Coal | $0.00043 |
| Natural Gas | $0.00022 |
| Oil | $0.00032. |
The Corporation is authorized to adjust the assessments on fossil fuel-based electricity to reflect changes in the expected quantities of such electricity from different fuel types, such that the assessments generate not less than $1.0 billion and not more than $1.1 billion annually. The Corporation is authorized to supplement assessments through additional financial commitments.
Investment of funds
Pending disbursement pursuant to a program, plan, or project, the Corporation may invest funds collected through assessments under this subsection, and any other funds received by the Corporation, only in obligations of the United States or any agency thereof, in general obligations of any State or any political subdivision thereof, in any interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System, or in obligations fully guaranteed as to principal and interest by the United States.
Reversion of unused funds
If the Corporation does not disburse, dedicate or assign 75 percent or more of the available proceeds of the assessed fees in any calendar year 7 or more years following its establishment, due to an absence of qualified projects or similar circumstances, it shall reimburse the remaining undedicated or unassigned balance of such fees, less administrative and other expenses authorized by this section, to the distribution utilities upon which such fees were assessed, in proportion to their collected assessments.
ERCOT
Assessment, collection, and remittance
Notwithstanding any other provision of this section, within ERCOT, the assessment provided for in subsection (d) shall be—
levied directly on qualified scheduling entities, or their successor entities;
charged consistent with other charges imposed on qualified scheduling entities as a fee on energy used by the load-serving entities; and
collected and remitted by ERCOT to the Corporation in the amounts and in the same manner as set forth in subsection (d).
The assessment amounts referred to in subparagraph (A) shall be—
determined by the amount and types of fossil fuel-based electricity delivered directly to all retail customers in the prior calendar year beginning with the year ending immediately prior to the period described in subsection (b)(2); and
take into account the number of renewable energy credits retired by the load-serving entities represented by a qualified scheduling entity within the prior calendar year.
Administration expenses
Up to 1 percent of the funds collected in any fiscal year by ERCOT under the provisions of this subsection may be used for the administrative expenses incurred in the determination, collection and remittance of the assessments to the Corporation.
Audit
ERCOT shall provide a copy of its annual audit pertaining to the administration of the provisions of this subsection to the Corporation.
Definitions
For the purposes of this subsection:
The term ERCOT means the Electric Reliability Council of Texas.
The term load-serving entities has the meaning adopted by ERCOT Protocols and in effect on the date of enactment of this Act.
The term qualified scheduling entities has the meaning adopted by ERCOT Protocols and in effect on the date of enactment of this Act.
The term renewable energy credit has the meaning as promulgated and adopted by the Public Utility Commission of Texas pursuant to section 39.904(b) of the Public Utility Regulatory Act of 1999, and in effect on the date of enactment of this Act.
Determination of fossil fuel-Based electricity deliveries
Findings
The Congress finds that:
The assessments under subsection (d) are to be collected based on the amount of fossil fuel-based electricity delivered by each distribution utility.
Since many distribution utilities purchase all or part of their retail consumer’s electricity needs from other entities, it may not be practical to determine the precise fuel mix for the power sold by each individual distribution utility.
It may be
necessary to use average data, often on a regional basis with reference to
Regional Transmission Organization (RTO
) or NERC regions, to
make the determinations necessary for making assessments.
DOE proposed rule
The Secretary, acting in close consultation with the Energy Information Administration, shall issue for notice and comment a proposed rule to determine the level of fossil fuel electricity delivered to retail customers by each distribution utility in the United States during the most recent calendar year or other period determined to be most appropriate. Such proposed rule shall balance the need to be efficient, reasonably precise, and timely, taking into account the nature and cost of data currently available and the nature of markets and regulation in effect in various regions of the country. Different methodologies may be applied in different regions if appropriate to obtain the best balance of such factors.
Final rule
Within 6 months after the date of enactment of this Act, and after opportunity for comment, the Secretary shall issue a final rule under this subsection for determining the level and type of fossil fuel-based electricity delivered to retail customers by each distribution utility in the United States during the appropriate period. In issuing such rule, the Secretary may consider opportunities and costs to develop new data sources in the future and issue recommendations for the Energy Information Administration or other entities to collect such data. After notice and opportunity for comment the Secretary may, by rule, subsequently update and modify the methodology for making such determinations.
Annual determinations
Pursuant to the final rule issued under paragraph (3), the Secretary shall make annual determinations of the amounts and types for each such utility and publish such determinations in the Federal Register. Such determinations shall be used to conduct the referendum under subsection (b) and by the Corporation in applying any assessment under this subsection.
Rehearing and judicial review
The owner or operator of any distribution utility that believes that the Secretary has misapplied the methodology in the final rule in determining the amount and types of fossil fuel electricity delivered by such distribution utility may seek rehearing of such determination within 30 days of publication of the determination in the Federal Register. The Secretary shall decide such rehearing petitions within 30 days. The Secretary’s determinations following rehearing shall be final and subject to judicial review in the United States Court of Appeals for the District of Columbia.
Compliance with Corporation assessments
The Corporation may bring an action in the appropriate court of the United States to compel compliance with an assessment levied by the Corporation under this section. A successful action for compliance under this subsection may also require payment by the defendant of the costs incurred by the Corporation in bringing such action.
Midcourse review
Not later than 5 years following establishment of the Corporation, the Comptroller General of the United States shall 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, adequacy of funding, and administration of funds. The report shall also make such recommendations as may be appropriate in each of these areas. The Corporation shall reimburse the Government Accountability Office for the costs associated with performing this midcourse review.
Recovery of costs
In general
A distribution utility whose transmission, delivery, or sales of electric energy are subject to any form of rate regulation shall not be denied the opportunity to recover the full amount of the prudently incurred costs associated with complying with this section, consistent with applicable State or Federal law.
Ratepayer Rebates
Regulatory authorities that approve cost recovery pursuant to paragraph (1) may order rebates to ratepayers to the extent that distribution utilities are reimbursed undedicated or unassigned balances pursuant to subsection (d)(3).
Technical Advisory Committee
Establishment
There is established an advisory committee,
to be known as the Technical Advisory Committee
.
Membership
The Technical Advisory Committee shall be comprised of not less than 7 members appointed by the Board from among academic institutions, national laboratories, independent research institutions, and other qualified institutions. No member of the Committee shall be affiliated with EPRI or with any organization having members serving on the Board. At least one member of the Committee shall be appointed from among officers or employees of the Department of Energy recommended to the Board by the Secretary of Energy.
Chairperson and Vice Chairperson
The Board shall designate one member of the Technical Advisory Committee to serve as Chairperson of the Committee and one to serve as Vice Chairperson of the Committee.
Compensation
The Board shall provide compensation to members of the Technical Advisory Committee for travel and other incidental expenses and such other compensation as the Board determines to be necessary.
Purpose
The Technical Advisory Committee shall provide independent assessments and technical evaluations, as well as make non-binding recommendations to the Board, concerning Corporation activities, including but not limited to the following:
Reviewing and evaluating the Corporation’s plans and budgets described in subsection (c)(9), as well as any other appropriate areas, which could include approaches to prioritizing technologies, appropriateness of engineering techniques, monitoring and verification technologies for storage, geological site selection, and cost control measures.
Making annual non-binding recommendations to the Board concerning any of the matters referred to in subparagraph (A), as well as what types of investments, scientific research, or engineering practices would best further the goals of the Corporation.
Public availability
All reports, evaluations, and other materials of the Technical Advisory Committee shall be made available to the public by the Board, without charge, at time of receipt by the Board.
Lobbying restrictions
No funds collected by the Corporation shall be used in any manner for influencing legislation or elections, except that the Corporation may recommend to the Secretary and the Congress changes in this section or other statutes that would further the purposes of this section.
Davis-Bacon compliance
The Corporation shall ensure that entities receiving
grants, contracts, or other financial support from the Corporation for the
project activities authorized by this section are in compliance with subchapter
IV of chapter 31 of title 40, United States Code (commonly known as the
Davis-Bacon Act
).
Nuclear and advanced technologies
Findings and policy
Findings
Congress finds that—
in 2008, 104 nuclear power plants produced 19.6 percent of the electricity generated in the United States, slightly less than the electricity generated by natural gas;
nuclear energy is the largest provider of clean, low-carbon, electricity, almost 8 times larger than all renewable power production combined, excluding hydroelectric power;
nuclear energy supplies consistent, base-load electricity, independent of environmental conditions;
by displacing fossil fuels that would otherwise be used for electricity production, nuclear power plants virtually eliminate emissions of greenhouse gases and criteria pollutants associated with acid rain, smog, or ozone;
nuclear power generation continues to require robust efforts to address issues of safety, waste, and proliferation;
even if every nuclear plant is granted a 20-year extension, all currently operating nuclear plants will be retired by 2055;
long lead times for nuclear power plant construction indicate that action to stimulate the nuclear power industry should not be delayed;
the high upfront capital costs of nuclear plant construction remain a substantial obstacle, despite theoretical potential for significant cost reduction;
translating theoretical cost reduction potential into actual reduced construction costs remains a significant industry challenge that can be overcome only through demonstrated performance;
as of January 2009, 17 companies and consortia have submitted applications to the Nuclear Regulatory Commission for 26 new reactors in the United States;
those proposed reactors will use the latest in nuclear technology for efficiency and safety, more advanced than the technology of the 1960s and 1970s found in the reactors currently operating in the United States;
increased resources for the Nuclear Regulatory Commission and reform of the licensing process have improved the safety and timeliness of the regulatory environment;
the United States has not built a new reactor since the 1970s and, as a result, will need to revitalize and retool the institutions and infrastructure necessary to construct, maintain, and support new reactors, including improvements in manufacturing of nuclear components and training for the next generation nuclear workforce; and
those new reactors will launch a new era for the nuclear industry, and translate into tens of thousands of jobs.
Statement of policy
It is the policy of the United States, given the importance of transitioning to a clean energy, low-carbon economy, to facilitate the continued development and growth of a safe and clean nuclear energy industry, through—
reductions in financial and technical barriers to construction and operation; and
incentives for the development of a well-trained workforce and the growth of safe domestic nuclear and nuclear-related industries.
Nuclear worker training
Definition of applicable period
In this section, the term applicable period means—
the 5-year period beginning on January 1, 2012; and
each 5-year period beginning on each January 1 thereafter.
Use of funds
Of amounts made available to carry out this section for the calendar years in each applicable period—
the Secretary of Energy shall use such amounts for each applicable period as the Secretary of Energy determines to be necessary to increase the number and amounts of nuclear science talent expansion grants and nuclear science competitiveness grants provided under section 5004 of the America COMPETES Act (42 U.S.C. 16532); and
the Secretary of Labor, in consultation with nuclear energy entities and organized labor, shall use such amounts for each applicable period as the Secretary of Labor determines to be necessary to carry out programs expanding workforce training to meet the high demand for workers skilled in nuclear power plant construction and operation, including programs for—
electrical craft certification;
preapprenticeship career technical education for industrialized skilled crafts that are useful in the construction of nuclear power plants;
community college and skill center training for nuclear power plant technicians;
training of construction management personnel for nuclear power plant construction projects; and
regional grants for integrated nuclear energy workforce development programs.
Nuclear safety and waste management programs
Nuclear facility long-Term operations research and development program
Establishment
As
soon as practicable after the date of enactment of this Act, the Secretary of
Energy (referred to in this section as the Secretary
) shall
establish a research and development program—
to address the reliability, availability, productivity, component aging, safety, and security of nuclear power plants;
to improve the performance of nuclear power plants;
to sustain the health and safety of employees of nuclear power plants;
to assess the feasibility of nuclear power plants to continue to provide clean and economic electricity safely, substantially beyond the first license extension period of the nuclear power plants, which will—
significantly contribute to the energy security of the United States; and
help protect the environment of the United States; and
to support significant carbon reductions, lower overall costs that are required to reduce carbon emissions, and increase energy security.
Conduct of program
In general
In carrying out the program established under paragraph (1), the Secretary shall—
build a fundamental scientific basis to understand, predict, and measure changes in materials, systems, structures, equipment, and components as the materials, systems, structures, equipment, and components age through continued operations in long-term service environments;
develop new safety analysis tools and methods to enhance the performance and safety of nuclear power plants;
develop advanced online monitoring, control, and diagnostics technologies to prevent equipment failures and improve the safety of nuclear power plants;
establish a technical basis for advanced fuel designs (including silicon carbide fuel cladding) to increase the safety margins of nuclear power plants; and
examine issues, including—
issues relating to material degradation, plant aging, and technology upgrades; and
any other issue that would impact decisions to extend the lifespan of nuclear power plants.
Technical support
In carrying out the program established under paragraph (1), the Secretary shall provide to the Chairman of the Nuclear Regulatory Commission information collected under the program—
to help ensure informed decisions regarding the extension of the life of nuclear power plants beyond a 60-year lifespan; and
for the licensing and long-term management, and safe and economical operation, of nuclear power plants.
Spent nuclear waste disposal research and development program
Establishment
As soon as practicable after the date of enactment of this Act, the Secretary shall establish a research and development program to improve the understanding of nuclear spent fuel management and the entire nuclear fuel cycle life.
Conduct of program
In carrying out the program established under paragraph (1), the Secretary shall carry out science-based research and development activities to pursue dramatic improvements in a range of nuclear spent fuel management options, including short-term and long-term storage and disposal, and proliferation-resistant nuclear spent fuel recycling.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
Water efficiency
WaterSense
In general
There is established within the Environmental Protection Agency a WaterSense program to identify and promote water-efficient products, buildings, landscapes, facilities, processes, and services, so as—
to reduce water use;
to reduce the strain on water, wastewater, and stormwater infrastructure;
to conserve energy used to pump, heat, transport, and treat water; and
to preserve water resources for future generations, through voluntary labeling of, or other forms of communications about, products, buildings, landscapes, facilities, processes, and services that meet the highest water efficiency and performance criteria.
Duties
The Administrator shall—
establish—
a WaterSense label to be used for certain items; and
the procedure by which an item may be certified to display the WaterSense label;
promote WaterSense-labeled products, buildings, landscapes, facilities, processes, and services in the market place as the preferred technologies and services for—
reducing water use; and
ensuring product and service performance;
work to enhance public awareness of the WaterSense label through public outreach, education, and other means;
preserve the integrity of the WaterSense label by—
establishing and maintaining performance criteria so that products, buildings, landscapes, facilities, processes, and services labeled with the WaterSense label perform as well or better than less water-efficient counterparts;
overseeing WaterSense certifications made by third parties;
conducting reviews of the use of the WaterSense label in the marketplace and taking corrective action in any case in which misuse of the label is identified; and
carrying out such other measures as the Administrator determines to be appropriate;
regularly review and, if appropriate, update WaterSense criteria for categories of products, buildings, landscapes, facilities, processes, and services, at least once every 4 years;
to the maximum extent practicable, regularly estimate and make available to the public the production and relative market shares of, and the savings of water, energy, and capital costs of water, wastewater, and stormwater infrastructure attributable to the use of WaterSense-labeled products, buildings, landscapes, facilities, processes, and services, at least annually;
solicit comments from interested parties and the public prior to establishing or revising a WaterSense category, specification, installation criterion, or other criterion (or prior to effective dates for any such category, specification, installation criterion, or other criterion);
provide reasonable notice to interested parties and the public of any changes (including effective dates), on the adoption of a new or revised category, specification, installation criterion, or other criterion, along with—
an explanation of the changes; and
as appropriate, responses to comments submitted by interested parties and the public;
provide appropriate lead time (as determined by the Administrator) prior to the applicable effective date for a new or significant revision to a category, specification, installation criterion, or other criterion, taking into account the timing requirements of the manufacturing, marketing, training, and distribution process for the specific product, building and landscape, or service category addressed;
identify and, if appropriate, implement other voluntary approaches in commercial, institutional, residential, industrial, and municipal sectors to encourage recycling and reuse technologies to improve water efficiency or lower water use; and
where appropriate, apply the WaterSense label to water-using products that are labeled by the Energy Star program implemented by the Administrator and the Secretary of Energy.
Authorization of appropriations
There are authorized to be appropriated to carry out this section—
$7,500,000 for fiscal year 2010;
$10,000,000 for fiscal year 2011;
$20,000,000 for fiscal year 2012;
$50,000,000 for fiscal year 2013; and
for each subsequent fiscal year, the applicable amount during the preceding fiscal year, as adjusted to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.
Federal procurement of water-efficient products
Definitions
In this section:
Agency
The term Agency has the meaning given the term in section 7902(a) of title 5, United States Code.
FEMP-designated product
The term FEMP-designated product means a product that is designated under the Federal Energy Management Program of the Department of Energy as being among the highest 25 percent of equivalent products for efficiency.
Product, building, landscape, facility, process, and service
The terms product, building, landscape, facility, process, and service do not include—
any water-using product, building, landscape, facility, process, or service designed or procured for combat or combat-related missions; or
any product, building, landscape, facility, process, or service already covered by the Federal procurement regulations established under section 553 of the National Energy Conservation Policy Act (42 U.S.C. 8259b).
WaterSense product, building, landscape, facility, process, or service
The term WaterSense product, building, landscape, facility, process, or service means a product, building, landscape, facility, process, or service that is labeled for water efficiency under the WaterSense program.
WaterSense program
The term WaterSense program means the program established by section 141.
Procurement of water-Efficient products
Requirement
In general
To meet the requirements of an agency for a water-using product, building, landscape, facility, process, or service, the head of an Agency shall, except as provided in paragraph (2), procure—
a WaterSense product, building, landscape, facility, process, or service; or
a FEMP-designated product.
Sense of congress regarding installation preferences
It is the sense of Congress that a WaterSense irrigation system should, to the maximum extent practicable, be installed and audited by a WaterSense-certified irrigation professional to ensure optimal performance.
Exceptions
The head of an Agency shall not be required to procure a WaterSense product, building, landscape, facility, process, or service or FEMP-designated product under paragraph (1) if the head of the Agency finds in writing that—
a WaterSense product, building, landscape, facility, process, or service or FEMP-designated product is not cost-effective over the life of the product, building, landscape, facility, process, or service, taking energy, water, and wastewater service cost savings into account; or
no WaterSense product, building, landscape, facility, process, or service or FEMP-designated product is reasonably available that meets the functional requirements of the Agency.
Procurement planning
In general
The head of an Agency shall incorporate criteria used for evaluating WaterSense products, buildings, landscapes, facilities, processes, and services and FEMP-designated products into—
the specifications for all procurements involving water-using products, buildings, landscapes, facilities, processes, and systems, including guide specifications, project specifications, and construction, renovation, and services contracts that include provision of water-using products, buildings, landscapes, facilities, processes, and systems; and
the factors for the evaluation of offers received for the procurement.
Listing of water-efficient products in Federal catalogs
WaterSense products, buildings, landscapes, facilities, processes, and systems and FEMP-designated products shall be clearly identified and prominently displayed in any inventory or listing of products by the General Services Administration or the Defense Logistics Agency.
Additional measures
The head of an Agency shall consider, to the maximum extent practicable, additional measures for reducing Agency water use, including water reuse technologies, leak detection and repair, and use of waterless products that perform similar functions to existing water-using products.
Retrofit programs
The head of each Agency, working in coordination with the Administrator and the heads of such other Agencies as the President may designate, shall develop standards and implementation procedures for a building water efficiency retrofit program, which shall include the following elements:
Evaluation of products and systems
Not later than 270 days after the date of enactment of this Act, each Agency shall evaluate water-consuming products and systems in buildings operated by such Agency and identify opportunities for retrofit and replacement of such products and systems with high-efficiency equipment, such as zero-water-consumption equipment, high-efficiency toilets, high-efficiency shower heads, and high-efficiency faucets, and other products that are certified as Watersense products or FEMP-designated products.
Retrofit plan
Not later than 360 days after the date of enactment of this Act, each Agency shall, in coordination with other appropriate Agencies and officials, prepare a water efficiency retrofit plan that shall, to the maximum extent practicable, maximize retrofitting of water-consuming products and systems and replacement with high-efficiency equipment described in paragraph (1).
Guidelines
Not later than 180 days after the date of enactment of this Act, the Administrator, working in coordination with the Secretary of Energy and the heads of such other Agencies as the President may designate, shall issue guidelines to carry out this section.
State residential water efficiency and conservation incentives program
Definitions
In this section:
Eligible entity
The term eligible entity means a State government, local or county government, tribal government, wastewater or sewerage utility, municipal water authority, energy utility, water utility, or nonprofit organization that meets the requirements of subsection (b).
Incentive program
The term incentive program means a program for administering financial incentives for consumer purchase and installation of water-efficient products, buildings (including New Water-Efficient Homes), landscapes, processes, or services described in subsection (b)(1).
Residential water-efficient product, building, landscape, process, or service
In general
The term residential water-efficient product, building, landscape, process, or service means a product, building, landscape, process, or service for a residence or its landscape that is rated for water efficiency and performance—
by the WaterSense program; or
if a WaterSense specification does not exist, by the Energy Star program or an incentive program approved by the Administrator.
Inclusions
The term residential water-efficient product, building, landscape, process, or service includes—
faucets;
irrigation technologies and services;
point-of-use water treatment devices;
reuse and recycling technologies;
toilets;
clothes washers;
dishwashers;
showerheads;
xeriscaping and other landscape conversions that replace irrigated turf; and
New Water Efficient Homes certified by the WaterSense program.
WaterSense program
The term WaterSense program means the program established by section 141.
Eligible entities
An entity shall be eligible to receive an allocation under subsection (c) if the entity—
establishes (or has established) an incentive program to provide financial incentives to residential consumers for the purchase of residential water-efficient products, buildings, landscapes, processes, or services;
submits an application for the allocation at such time, in such form, and containing such information as the Administrator may require; and
provides assurances satisfactory to the Administrator that the entity will use the allocation to supplement, but not supplant, funds made available to carry out the incentive program.
Amount of allocations
For each fiscal year, the Administrator shall determine the amount to allocate to each eligible entity to carry out subsection (d), taking into consideration—
the population served by the eligible entity during the most recent calendar year for which data are available;
the targeted population of the incentive program of the eligible entity, such as general households, low-income households, or first-time homeowners, and the probable effectiveness of the incentive program for that population;
for existing programs, the effectiveness of the program in encouraging the adoption of water-efficient products, buildings, landscapes, facilities, processes, and services;
any allocation to the eligible entity for a preceding fiscal year that remains unused; and
the per capita water demand of the population served by the eligible entity during the most recent calendar year for which data are available and the accessibility of water supplies to such entity.
Use of allocated funds
Funds allocated to an eligible entity under subsection (c) may be used to pay up to 50 percent of the cost of establishing and carrying out an incentive program.
Fixture recycling
Eligible entities are encouraged to promote or implement fixture recycling programs to manage the disposal of older fixtures replaced due to the incentive program under this section.
Issuance of incentives
In general
Financial incentives may be provided to residential consumers that meet the requirements of the applicable incentive program.
Manner of issuance
An eligible entity may—
issue all financial incentives directly to residential consumers; or
with approval of the Administrator, delegate all or part of financial incentive administration to other organizations, including local governments, municipal water authorities, water utilities, and non-profit organizations.
Amount
The amount of a financial incentive shall be determined by the eligible entity, taking into consideration—
the amount of any Federal or State incentive available for the purchase of the residential water-efficient product or service;
the amount necessary to change consumer behavior to purchase water-efficient products and services; and
the consumer expenditures for onsite preparation, assembly, and original installation of the product.
Authorization of appropriations
There are authorized to be appropriated to the Administrator to carry out this section—
$100,000,000 for fiscal year 2010;
$150,000,000 for fiscal year 2011;
$200,000,000 for fiscal year 2012;
$150,000,000 for fiscal year 2013;
$100,000,000 for fiscal year 2014; and
for each subsequent fiscal year, the applicable amount during the preceding fiscal year, as adjusted to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.
Miscellaneous
Office of Consumer Advocacy
Office
Establishment
There is established an Office of Consumer Advocacy to serve as an advocate for the public interest.
Director
The Office shall be headed by a Director to be appointed by the President, who is admitted to the Federal Bar, with experience in public utility proceedings, and by and with the advice and consent of the Senate.
Duties
The Office may—
represent, and appeal on behalf of, energy customers on matters concerning rates or service of public utilities and natural gas companies under the jurisdiction of the Commission—
at hearings of the Commission;
in judicial proceedings in the courts of the United States; and
at hearings or proceedings of other Federal regulatory agencies and commissions;
monitor and review energy customer complaints and grievances on matters concerning rates or service of public utilities and natural gas companies under the jurisdiction of the Commission;
investigate independently, or within the context of formal proceedings, the services provided by, the rates charged by, and the valuation of the properties of, public utilities and natural gas companies under the jurisdiction of the Commission;
develop means, such as public dissemination of information, consultative services, and technical assistance, to ensure, to the maximum extent practicable, that the interests of energy consumers are adequately represented in the course of any hearing or proceeding described in subparagraph (A);
collect data concerning rates or service of public utilities and natural gas companies under the jurisdiction of the Commission; and
prepare and issue reports and recommendations.
Compensation and powers
The Director may—
employ and fix the compensation of such staff personnel as is deemed necessary; and
procure temporary and intermittent services as needed.
Access to information
Each department, agency, and instrumentality of the Federal Government is authorized and directed to furnish to the Director such reports and other information as he deems necessary to carry out his functions under this section.
Consumer advocacy advisory committee
Establishment
The
Director shall establish an advisory committee to be known as Consumer Advocacy
Advisory Committee (in this section referred to as the Advisory
Committee
) to review rates, services, and disputes and to make
recommendations to the Director.
Composition
The Director shall appoint 5 members to the Advisory Committee including—
2 individuals representing State Utility Consumer Advocates; and
1 individual, from a nongovernmental organization, representing consumers.
Meetings
The Advisory Committee shall meet at such frequency as may be required to carry out its duties.
Reports
The Director shall provide for publication of recommendations of the Advisory Committee on the public website established for the Office.
Duration
Notwithstanding any other provision of law, the Advisory Committee shall continue in operation during the period in which the Office exists.
Application of FACA
Except as otherwise specifically provided, the Advisory Committee shall be subject to the Federal Advisory Committee Act.
Definitions
In this section:
Commission
The
term Commission
means the Federal Energy Regulatory
Commission.
Energy customer
The term energy customer
means a
residential customer or a small commercial customer that receives products or
services from a public utility or natural gas company under the jurisdiction of
the Commission.
Natural gas company
The term natural gas company
has the
meaning given the term in section 2 of the Natural Gas Act (15 U.S.C.
717a).
Office
The
term Office
means the Office of Consumer Advocacy established by
subsection (a)(1).
Public utility
The term public utility
has the meaning
given the term in section 201(e) of the Federal Power Act (16 U.S.C.
824(e)).
Small commercial customer
The term small commercial customer
means
a commercial customer that has a peak demand of not more than 1,000 kilowatts
per hour.
Authorization of appropriations
There are authorized such sums as necessary to carry out this section.
Savings clause
Nothing in this section affects the rights or obligations of State Utility Consumer Advocates.
Clean technology business competition grant program
In general
The Administrator may provide grants to organizations to conduct business competitions that provide incentives, training, and mentorship to entrepreneurs and early stage start-up companies throughout the United States to meet high-priority economic, environmental, and energy goals in areas including air quality, energy efficiency and renewable energy, transportation, water quality and conservation, green buildings, and waste management.
Purposes
In general
The competitions described in subsection (a) shall have the purposes of—
accelerating the development and deployment of clean technology businesses and green jobs;
stimulating green economic development;
providing business training and mentoring to early stage clean technology companies; and
strengthening the competitiveness of United States clean technology industry in world trade markets.
Priority
Priority shall be given to business competitions that—
are led by the private sector;
encourage regional and interregional cooperation; and
can demonstrate market-driven practices and the creation of cost-effective green jobs through an annual publication of competition activities and directory of companies.
Eligibility
In general
To be eligible for a grant under this section, an organization shall be any sponsored entity of an organization described in subparagraph (A) that is operated as a nonprofit entity.
Priority
In making grants under this section, the Administrator shall give priority to organizations that can demonstrate broad funding support from private and other non-Federal funding sources to leverage Federal investment.
Authorization of appropriations
There is authorized to be appropriated to carry out this section $20,000,000.
Product carbon disclosure program
EPA study
The Administrator shall conduct a study to determine the feasibility of establishing a national program for measuring, reporting, publicly disclosing, and labeling products or materials sold in the United States for their carbon content, and shall, not later than 18 months after the date of enactment of this Act, transmit a report to Congress which shall include the following:
A determination of whether a national product carbon disclosure program and labeling program would be effective in achieving the intended goals of achieving greenhouse gas reductions and an examination of existing programs globally and their strengths and weaknesses.
Criteria for identifying and prioritizing sectors and products and processes that should be covered in such program or programs.
An identification of products, processes, or sectors whose inclusion could have a substantial carbon impact (prioritizing industrial products such as iron and steel, aluminum, cement, chemicals, and paper products, and also including food, beverage, hygiene, cleaning, household cleaners, construction, metals, clothing, semiconductor, and consumer electronics).
Suggested methodology and protocols for measuring the carbon content of the products across the entire carbon lifecycle of such products for use in a carbon disclosure program and labeling program.
A review of existing greenhouse gas product accounting standards, methodologies, and practices including the Greenhouse Gas Protocol, ISO 14040/44, ISO 14067, and Publically Available Specification 2050, and including a review of the strengths and weaknesses of each.
A survey of secondary databases including the Manufacturing Energy Consumption Survey, an evaluation of the quality of data for use in a product carbon disclosure program and product carbon labeling program, an identification of gaps in the data relative to the potential purposes of a national product carbon disclosure program and product carbon labeling program, and development of recommendations for addressing these data gaps.
An assessment of the utility of comparing products and the appropriateness of product carbon standards.
An evaluation of the information needed on a label for clear and accurate communication, including what pieces of quantitative and qualitative information need to be disclosed.
An evaluation of the appropriate boundaries of the carbon lifecycle analysis for different sectors and products.
An analysis of whether default values should be developed for products whose producer does not participate in the program or does not have data to support a disclosure or label and a determination of the best ways to develop such default values.
A recommendation of certification and verification options necessary to assure the quality of the information and avoid greenwashing or the use of insubstantial or meaningless environmental claims to promote a product.
An assessment of options for educating consumers about product carbon content and the product carbon disclosure program and product carbon labeling program.
An analysis of the costs and timelines associated with establishing a national product carbon disclosure program and product carbon labeling program, including options for a phased approach. Costs should include those for businesses associated with the measurement of carbon footprints and those associated with creating a product carbon label and managing and operating a product carbon labeling program, and options for minimizing these costs.
An evaluation of incentives (such as financial incentives, brand reputation, and brand loyalty) to determine whether reductions in emissions can be accelerated through encouraging more efficient manufacturing or by encouraging preferences for lower-emissions products to substitute for higher-emissions products whose level of performance is no better.
Development of national carbon disclosure program
Upon conclusion of the study, and not later than 3 years after the date of enactment of this Act, the Administrator shall establish a national product carbon disclosure program, participation in which shall be voluntary, and which may involve a product carbon label with broad applicability to the wholesale and consumer markets to enable and encourage knowledge about carbon content by producers and consumers and to inform efforts to reduce energy consumption (carbon dioxide equivalent emissions) nationwide. In developing such a program, the Administrator shall—
consider the results of the study conducted under subsection (a);
consider existing and planned programs and proposals and measurement standards (including the Publicly Available Specification 2050, standards to be developed by the World Resource Institute/World Business Council for Sustainable Development, the International Standards Organization, and the bill AB19 pending in the California legislature as of the date of enactment of this Act);
consider the compatibility of a national product carbon disclosure program with existing programs;
utilize incentives and other means to spur the adoption of product carbon disclosure and product carbon labeling;
develop protocols and parameters for a product carbon disclosure program, including a methodology and formula for assessing, verifying, and potentially labeling a product’s greenhouse gas content, and for data quality requirements to allow for product comparison;
create a means to—
document best practices;
ensure clarity and consistency;
work with suppliers, manufacturers, and retailers to encourage participation;
ensure that protocols are consistent and comparable across like products; and
evaluate the effectiveness of the program;
make publicly available information on product carbon content to ensure transparency;
provide for public outreach, including a consumer education program to increase awareness;
develop training and education programs to help businesses learn how to measure and communicate their carbon footprint and easy tools and templates for businesses to use to reduce cost and time to measure their products’ carbon lifecycle;
consult with the Secretary of Energy, the Secretary of Commerce, the Federal Trade Commission, and other Federal agencies, as necessary;
gather input from stakeholders through consultations, public workshops, or hearings with representatives of consumer product manufacturers, consumer groups, and environmental groups;
utilize systems for verification and product certification that will ensure that claims manufacturers make about their products are valid;
create a process for reviewing the accuracy of product carbon label information and protecting the product carbon label in the case of a change in the product’s energy source, supply chain, ingredients, or other factors, and specify the frequency to which data should be updated; and
develop a standardized, easily understandable carbon label, if appropriate, and create a process for responding to inaccuracies and misuses of such a label.
Report to Congress
Not later than 5 years after the program is established pursuant to subsection (b), the Administrator shall report to Congress on the effectiveness and impact of the program, the level of voluntary participation, and any recommendations for additional measures.
Definitions
In this section:
The term carbon content means the quantity of greenhouse gas emissions and the warming impact of those emissions on the atmosphere expressed in carbon dioxide equivalent associated with a product’s value chain.
The term carbon footprint means the level of greenhouse gas emissions produced by a particular activity, service, or entity.
The term carbon lifecycle means the greenhouse gas emissions that are released as part of the processes of creating, producing, processing, manufacturing, modifying, transporting, distributing, storing, using, recycling, or disposing of goods and services.
Authorization of appropriations
There is authorized to be appropriated to the Administrator—
to carry out the study required by subsection (a), $5,000,000; and
to carry out the program required under subsection (b), $25,000,000 for each of fiscal years 2010 through 2025.
State recycling programs
Establishment
The Administrator shall establish a State Recycling Program governing the use of funds by States in accordance with this Act.
Use of funding
In general
States receiving funding to carry out this section shall use the proceeds to carry out recycling programs in accordance with this section.
County and municipal programs
Not less than 1/4 of the funding made available to a State to carry out this section shall be distributed by the State to county and municipal recycling programs as described in subsection (c)(1), to be used exclusively to support recycling purposes and associated source reduction purposes, including to provide incentives—
for recycling-related technology that—
reduces or avoids greenhouse gas emissions;
increases collection rates; and
improves the quality of recyclable material that is separated from solid waste;
for energy-efficiency projects for transportation fleets and recycling equipment used to collect and sort recyclable material separated from solid waste;
for recycling program-related expenses, including—
education and job training;
development and
implementation of variable rate (commonly referred to as
pay-as-you-throw
) recycling programs and anaerobic digestion
programs;
promotion of public space recycling programs;
approaches for assuring compliance with recycling requirements; and
development or implementation of best practices for municipal solid waste reduction programs; and
to ensure that recyclable material is not sent for disposal or incineration during fluctuating markets.
Recycling facilities
Not less than 1/4 of the funding made available to a State to carry out this section shall be distributed by the State to eligible recycling facilities as described in subsection (c)(2) to be used exclusively to support the recycling purposes and associated source reduction purposes of the facilities, including to provide—
incentives for the demonstration or deployment of recycling-related technology and equipment that reduce or avoid greenhouse gas emissions;
incentives to facilities that increase the quantity and quality of recyclable material that is recycled versus sent for disposal or incineration;
funding for research, management, and removal of impediments to recycling, including—
radioactive material; and
devices or materials that contain polychlorinated biphenyls, mercury, or chlorofluorocarbons;
funding for research on, and development and deployment of, new technologies to more efficiently and effectively recycle items such as automobile shredder residue, cathode ray tubes, plastics, and tires; and
incentives to recycle materials identified by the Administrator that are not being recycled at a recycling facility.
Manufacturing facilities
Not less than 1/4 of the funding made available to a State to carry out this section shall be distributed by the State to eligible manufacturing facilities as described in subsection (c)(3) to be used exclusively to support recycling purposes, including to provide incentives for the demonstration or deployment of—
manufacturing-related technology and equipment that would increase the use of recyclable material and avoid or reduce greenhouse gas emissions;
radiation detection equipment and the costs associated with recovery of detected radiated recyclable material;
technologies that will detect and separate contaminants, including mercury-, lead-, and cadmium-containing devices;
strategies and technologies to remove impediments to recovering recyclable material; and
strategies and technologies to improve the energy efficiency of technology and equipment used to manufacture recyclable material.
Eligibility requirements
County and municipality programs
Funds provided under subsection (b)(2) shall be provided on a competitive basis to county and municipal recycling programs that—
have within the solid waste management plans of the programs a recycling management plan that includes an education outreach program for the individuals and entities served by the program constituency that highlights the lifecycle benefits of recycling; and
collect at least 5 recyclable materials, such as—
ferrous and nonferrous metal;
aluminum;
plastic;
tires and rubber;
household electronic equipment;
glass;
scrap food;
recoverable fiber or paper; and
textiles;
demonstrate, not later than 3 years after the date of receipt of funds under this subtitle, reasonable progress toward achieving—
a collection rate goal of at least 30 percent of the total recyclable materials available from the solid waste stream in the requesting State, county, or municipal program; or
a 10-percent increase of collected recyclable materials compared to the total solid waste stream in the requesting State, county, or municipal program; and
own, operate, or contract to operate—
a curbside recyclables collection program;
a redemption center or drop-off facility for recyclables; and
a materials recovery facility; and
have in place a quality, environmental, health, and safety management system (such as that of the International Standards Organization or an equivalent) that includes goals to reduce the operational carbon baselines of the programs.
Recycling facility
Funds provided under subsection (b)(3) shall be provided on a competitive basis to a recycling facility that—
processes recyclable material into commercial specification-grade commodities for use as raw material feed stock at recovery facilities, including for use as—
a replacement or substitute for a virgin raw material; or
a replacement or substitute for a product made, in whole or in part, from a virgin raw material;
has a verifiable carbon baseline; and
has an environmental, health and safety, and quality management system (such as that of the International Standards Organization or an equivalent) that includes goals to reduce the operational carbon baseline of the recycling facility per unit of material processed.
Manufacturing facility
Funds provided under subsection (b)(4) shall be provided on a competitive basis to a manufacturing facility that—
can report on a verifiable carbon baseline that is consistent with applicable reporting requirements; and
has an environmental, health and safety, and quality management system (such as that of the International Standards Organization or an equivalent) that includes goals to reduce the operational carbon baseline of the manufacturing facility per unit of material processed.
Reporting
Each State that distributes funds under this section shall submit to the Administrator, in accordance with such requirements as the Administrator may prescribe, a report that includes—
a list of entities receiving funding under this section, including entities receiving such funding from units of local government pursuant to subsection (b)(2);
the amount of funding received by each such recipient;
the specific purposes for which the funding was conveyed to each such recipient; and
documentation of the quantity of net recyclable material that was collected and processed and greenhouse gas emissions that were reduced or avoided accordingly, through use of the funding, based on a lifecycle calculation developed by the Administrator.
Methodology and decisionmaking
The Administrator, as appropriate—
shall develop and periodically update lifecycle methods to quantify the relationship between waste management decisions, including recycling and waste reduction, greenhouse gas reductions, and energy use reductions, for purposes that include—
helping to support decisions under Federal, State, and municipal recycling and waste management programs, including—
estimating greenhouse gas and energy benefits of increasing collection or adding new materials to recycling programs;
comparing the benefits of recycling and waste reduction to other greenhouse gas and energy use reduction strategies;
optimizing waste management strategies to maximize greenhouse gas reductions and energy use reductions; and
public education; and
designing products to optimize waste reduction and recycling opportunities and use of recycled materials in the manufacturing process;
may collect data to support the development of the methods described in paragraph (1); and
to improve national consistency, shall, in consultation with appropriate State and local representatives and municipal recycling programs, identify best practices to promote improvement in, and support State efforts in improving, municipal recycling and resource recovery programs.
Supplemental agriculture and forestry greenhouse gas reduction and renewable energy program
Agricultural greenhouse gas reductions
Establishment
In general
The Secretary of Agriculture (referred to in this section as the Secretary), in coordination with the Secretary of the Interior, shall establish a Greenhouse Gas Reduction Incentives Program (referred to in this section as the program) to provide financial assistance to owners and operators of agricultural land (including land on which specialty crops are produced and private or public land used for grazing) and forest land for projects and activities that measurably increase carbon sequestration or reduce greenhouse gas emissions.
Shared authority
The Secretary shall delegate to the Secretary of the Interior the authority to carry out projects on land under the jurisdiction of or operated by the Department of the Interior.
Priority
In carrying out the program, the Secretary shall give priority to projects or activities that—
reduce greenhouse gas emissions or increase sequestration of greenhouse gases, and achieve significant other environmental benefits, such as the improvements of water or air quality or natural resources; and
reduce greenhouse gas emissions or sequester carbon in agricultural and forestry operations where there are limited recognized opportunities to achieve such emission reductions or sequestration.
Eligible projects and activities
Eligible projects and payments shall include those that—
reflect the comparable amount that the owners or operators would receive in the offset market if not for compliance with environmental laws that preclude the owners and operators from being eligible for receiving an offset credit under a Federal law enacted for the purpose of regulating greenhouse gas emissions;
provide greenhouse gas emission benefits, but do not receive an offset credit or qualify for an early action allowance under a Federal law enacted for the purpose of regulating greenhouse gas emissions, including projects and activities that provide an opportunity to demonstrate and test new or uncertain methods to reduce or sequester emissions;
reward early adopters, including producers that practice no-till agriculture, and ensure that individuals and entities that took action prior to the implementation of a Federal law enacted for the purpose of regulating greenhouse gas emissions are not placed at a competitive disadvantage, including giving special consideration to owners or operators located in jurisdictions with more stringent environmental laws (including regulations), compliance with which precludes the owners or operators from participating such an offset market;
provide incentives for supplemental greenhouse gas emission reductions on private forest land of the United States;
prevent any conversion of land, including native grassland, native prairie, rangeland, cropland, or forested land, that would increase greenhouse gas emissions or a loss of carbon sequestration; or
support action on Federal, State, or tribal land.
Requirements
Financial incentives and support provided by the Secretary for a project or activity under this section shall, to the maximum extent practicable—
be directly proportional to the quantity and duration of greenhouse gas emissions reduced or carbon sequestered (except with respect to projects and activities that provide adaptation benefits); and
complement and leverage existing conservation, forestry, and energy program expenditures to provide measurable emission reduction and sequestration benefits that otherwise may not take place or continue to exist.
Eligibility
An owner or operator shall not be prohibited from participating in the program established under this section due to participation of the owner or operator in other Federal or State conservation or agricultural assistance programs.
Forms of assistance
The Secretary may use any of the following to provide assistance under this section:
Conservation easements.
Carbon sequestration and mitigation contracts between the owner or operator and the Secretary for the performance of projects or activities that reduce greenhouse gas emissions or sequester carbon.
Financial incentives through timber harvest contracts.
Financial incentives through grazing contracts.
Grants.
Such other forms of assistance as the Secretary determines to be appropriate.
Reversals
The Secretary shall specify methods to address intentional or unintentional reversal of carbon sequestration or greenhouse gas emission reductions that occur during the term of a contract or easement under this section.
Accounting systems
In carrying out this section, the Secretary shall develop and implement—
a national accounting system for carbon stocks, sequestration, and greenhouse gas emissions that may be used to assess progress in implementing this section at a national level; and
credible reporting and accounting systems to ensure that incentives provided under this section are achieving stated objectives.
Program measurement, monitoring, and verification
The Secretary, in consultation with the Administrator—
shall establish and implement protocols that provide reasonable monitoring and verification of compliance with terms associated with assistance provided under this section, including field sampling of actual performance, to develop annual estimates of emission reductions achieved under the program;
shall report annually the total number of tons of carbon dioxide sequestered or the total number of tons of emissions avoided through incentives provided under this section; and
not later than 2 years after the date of enactment of this Act, and at least every 18 months thereafter, submit to Congress and make available to the public on the website of the Department of Agriculture a report that includes—
an estimate of annual and cumulative reductions generated through the program under this section, determined using standardized measures (including economic efficiency); and
a summary of any changes to the program, in accordance with this section, that will be made as a result of program measurement, monitoring, and verification conducted under this section.
Research program
The Secretary shall establish by rule a program to conduct research to develop additional projects and activities for crops to find additional techniques and methods to reduce greenhouse gas emissions or sequester greenhouse gases that may or may not meet criteria for a Federal law enacted for the purpose of regulating greenhouse gas emissions.
Economic Development Climate Change Fund
In general
Title II of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141 et seq.) is amended by adding at the end the following:
Economic Development Climate Change Fund
In general
On the application of an eligible recipient, the Secretary may provide technical assistance, make grants, enter into contracts, or otherwise provide amounts for projects—
to promote energy efficiency to enhance economic competitiveness;
to increase the use of renewable energy resources to support sustainable economic development and job growth;
to support the development of conventional energy resources to produce alternative transportation fuels, electricity and heat;
to develop energy efficient or environmentally sustainable infrastructure;
to promote environmentally sustainable economic development practices and models;
to support development of energy efficiency and alternative energy development plans, studies or analysis, including enhancement of new and existing Comprehensive Economic Development Strategies funded under this Act; and
to supplement other Federal grants, loans, or loan guarantees for purposes described in paragraphs (1) through (6).
Federal share
The Federal share of the cost of any project carried out under this section shall not exceed 80 percent, except that the Federal share of a Federal grant, loan, or loan guarantee provided under subsection (a)(7) may be 100 percent.
Authorization of appropriations
There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2009 through 2013, to remain available until expended.
.
Conforming amendment
The table of contents contained in section 1(b) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141 et seq.) is amended by inserting after the item relating to section 218 the following:
Sec. 219. Economic Development Climate Change Fund.
.
Study of risk-based programs addressing vulnerable areas
In general
The Administrator, or the heads of such other Federal agencies as the President may designate, shall conduct a study and, not later than 2 years after the date of enactment of this Act, submit to Congress a report regarding risk-based policies and programs addressing vulnerable areas.
Requirements
The report shall
review and assess Federal predisaster mitigation, emergency response, and flood insurance policies and programs that affect areas vulnerable to the impacts of climate change;
describe strategies for better addressing such vulnerabilities and provide implementation recommendations;
assess whether the policies and programs described in paragraph (1) support the State response and adaptation goals and objectives identified under this Act;
identify, and make recommendations to resolve, inconsistencies in Federal policies and programs in effect as of the date of enactment of this Act that address areas vulnerable to climate change; and
identify annual cost savings to the Federal Government associated with the implementation of the strategies and recommendations contained in the report.
Energy Efficiency and Renewable Energy
Renewable energy
Definitions
In this section:
Renewable energy
The term renewable energy means electric energy generated from solar, wind, biomass, landfill gas, ocean (including tidal, wave, current, and thermal), geothermal, municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project.
Renewable portfolio standard
The term renewable portfolio
standard
means a State statute that requires electricity
providers to obtain a minimum percentage of their power from renewable energy
resources by a certain date.
Grants
The Administrator, in consultation with the Secretaries of Energy, Interior, and Agriculture, may provide grants for projects to increase the quantity of energy a State uses from renewable sources under State renewable portfolio standard laws.
Eligibility
The Administrator shall review for approval projects applications that are—
submitted by State and local governments, Indian tribes, public utilities, regional energy cooperatives, or individual energy producers from states with a binding Renewable Portfolio Standard; or
submitted by State and local governments, Indian tribes, public utilities, or regional energy cooperatives from States with nonbinding goals for adoption of renewable energy requirements.
Priority
The Administrator shall give priority to project applications that are—
submitted by States with a binding renewable portfolio standard;
cost-effective in achieving greater renewable energy production in each State.
Certification
In general
The Administrator shall notify in writing the Governor of each eligible State as described in section (c) at the time at which the Administrator begins review of a project application received from an eligible entity within the State.
Certification
The Governor shall certify in writing within 30 days of receipt of the Administrator’s notification described in subsection (1) that the project application—
will assist the State in reaching renewable portfolio standard targets under applicable state laws; and
has secured non-Federal funding sources that, in conjunction with the requested grant amount, will be sufficient to complete the renewable energy project.
Rulemaking
In general
Not later than 90 days after the date of enactment of this Act, the Administrator shall initiate rulemaking procedures necessary to implement this section.
Final rules; acceptance of applications
Not later than 90 days after the close of the public comment period relating to the rulemaking described in paragraph (1), the Administrator shall—
promulgate final regulations to carry out this section; and
begin accepting project applications for review.
Reporting
Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter, the Administrator shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report specifying, with respect to the program under this section—
the project applications received;
the project applications approved;
the amount of funding allocated per project; and
the cumulative benefits of the grant program.
Grant amount
A grant provided under this section may be in an amount that does not exceed 50 percent of the total cost of the renewable energy project to be funded by the grant.
Authorization
There are authorized to be appropriated such sums as are necessary to carry out this section.
Advanced biofuels
Definitions
In this section:
Advanced biofuel
The term advanced biofuel shall have such meaning as is given the term by the Administrator in regulations promulgated under subsection (c).
Eligible entity
The term eligible entity means an individual, corporate entity, unit of State or local government, Indian tribe, farm cooperative, institution of higher learning, rural electric cooperative, or public utility.
Grants
The Administrator, in consultation with the Secretary of Agriculture and the Secretary of Energy, may provide grants to support research and development of advanced biofuels.
Regulations
In general
Not later than 18 months after the date of enactment of this Act, the Administrator shall promulgate regulations to carry out this section (including a definition of the term advanced biofuel for the purpose of providing assistance under this section).
Requirements
The regulations promulgated under paragraph (1) shall—
provide that the Administrator shall make grants available to eligible entities to support—
research regarding the production of advanced biofuels;
the development of new advanced biofuel production and capacity-building technologies;
the development and construction of commercial-scale advanced biofuel production facilities; and
the expanded production of advanced biofuels;
provide that, to receive a grant under this section, an eligible entity shall submit to the Administrator—
a project proposal with detailed project information, as determined by the Administrator; and
such records as the Administrator may require as evidence of the production of advanced biofuels or the importance and necessity of advanced biofuels research and new technologies; and
include appropriate cost-sharing requirements developed by the Administrator for grant awards for authorized uses of funds under this section.
Priority
The Administrator shall give priority to eligible entities based on—
technical and economic feasibility of a project proposal;
cost-effectiveness of a project proposal;
the use of innovative technologies in a project proposal;
the availability of non-Federal resources, including private resources, to fund the project proposal; and
whether the project proposed can be replicated.
Energy efficiency in building codes
Energy efficiency targets
Rulemaking to establish targets
The Administrator, or such other agency head or heads as may be designated by the President, in consultation with the Director of the National Institute of Standards and Technology, shall promulgate regulations establishing building code energy efficiency targets for the national average percentage improvement of buildings’ energy performance. Such regulations shall establish a national building code energy efficiency target for residential buildings and commercial buildings when built to a code meeting the target, beginning not later than January 1, 2014 and applicable each calendar year through December 31, 2030.
National energy efficiency building codes
Rulemaking to establish national codes
The Administrator, or such other agency head or heads as may be designated by the President, shall promulgate regulations establishing national energy efficiency building codes for residential and commercial buildings. Such regulations shall be sufficient to meet the national building code energy efficiency targets established under subsection (a) in the most cost-effective manner, and may include provisions for State adoption of the national building code standards and certification of State programs
Annual reports
The Administrator, or such other agency head or heads as may be designated by the President, shall annually submit to Congress, and publish in the Federal Register, a report on—
the status of national energy efficiency building codes;
the status of energy efficiency building code adoption and compliance in the States;
the implementation of and compliance with regulations promulgated under this section;
the status of Federal and State enforcement of building codes; and
impacts of action under this section, and potential impacts of further action, on lifetime energy use by buildings, including resulting energy and cost savings.
Retrofit for energy and environmental performance
Definitions
For purposes of this section:
Assisted housing
The term assisted housing means those properties receiving project-based assistance pursuant to section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013), section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), or similar programs.
Nonresidential building
The term nonresidential building means a building with a primary use or purpose other than residential housing, including any building used for commercial offices, schools, academic and other public and private institutions, nonprofit organizations including faith-based organizations, hospitals, hotels, and other nonresidential purposes. Such buildings shall include mixed-use properties used for both residential and nonresidential purposes in which more than half of building floor space is nonresidential.
Performance-based building retrofit program
The term performance-based building retrofit program means a program that determines building energy efficiency success based on actual measured savings after a retrofit is complete, as evidenced by energy invoices or evaluation protocols.
Prescriptive building retrofit program
The term prescriptive building retrofit program means a program that projects building retrofit energy efficiency success based on the known effectiveness of measures prescribed to be included in a retrofit.
Public housing
The term public housing means properties receiving assistance under section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g).
Recommissioning; retrocommissioning
The terms recommissioning and retrocommissioning have the meaning given those terms in section 543(f)(1) of the National Energy Conservation Policy Act (42 U.S.C. 8253(f)(1)).
Residential building
The term residential building means a building whose primary use is residential. Such buildings shall include single-family homes (both attached and detached), owner-occupied units in larger buildings with their own dedicated space-conditioning systems, apartment buildings, multi-unit condominium buildings, public housing, assisted housing, and buildings used for both residential and nonresidential purposes in which more than half of building floor space is residential.
State energy program
The term State Energy Program means the program under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.).
Establishment
The Administrator shall develop and implement, in consultation with the Secretary of Energy, standards for a national energy and environmental building retrofit policy for single-family and multifamily residences. The Administrator shall develop and implement, in consultation with the Secretary of Energy and the Director of Commercial High-Performance Green Buildings, standards for a national energy and environmental building retrofit policy for nonresidential buildings. The programs to implement the residential and nonresidential policies based on the standards developed under this section shall together be known as the Retrofit for Energy and Environmental Performance (REEP) program.
Purpose
The purpose of the REEP program is to facilitate the retrofitting of existing buildings across the United States to achieve maximum cost-effective energy efficiency improvements and significant improvements in water use and other environmental attributes.
Federal administration
Existing programs
In creating and operating the REEP program—
the Administrator shall make appropriate use of existing programs, including the Energy Star program and in particular the Environmental Protection Agency Energy Star for Buildings program; and
the Administrator shall consult with the Secretary of Energy regarding appropriate use of existing programs, including delegating authority to the Director of Commercial High-Performance Green Buildings appointed under section 421 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17081).
Consultation and coordination
The Administrator shall consult with and coordinate with the and the Secretary of Energy and the Secretary of Housing and Urban Development in carrying out the REEP program with regard to retrofitting of public housing and assisted housing. As a result of such consultation, the Administrator shall establish standards to ensure that retrofits of public housing and assisted housing funded pursuant to this section are cost-effective, including opportunities to address the potential co-performance of repair and replacement needs that may be supported with other forms of Federal assistance. Owners of public housing or assisted housing receiving funding through the REEP program shall agree to continue to provide affordable housing consistent with the provisions of the authorizing legislation governing each program for an additional period commensurate with the funding received, as determined in accordance with guidelines established by the Secretary of Housing and Urban Development.
Assistance
The Administrator shall provide consultation and assistance to State and local agencies for the establishment of revolving loan funds, loan guarantees, or other forms of financial assistance under this section.
State and local administration
Designation and delegation
A State may designate one or more agencies or entities, including those regulated by the State, to carry out the purposes of this section, but shall designate one entity or individual as the principal point of contact for the Administrator regarding the REEP Program. The designated State agency, agencies, or entities may delegate performance of appropriate elements of the REEP program, upon their request and subject to State law, to counties, municipalities, appropriate public agencies, and other divisions of local government, as well as to entities regulated by the State. In making any such designation or delegation, a State shall give priority to entities that administer existing comprehensive retrofit programs, including those under the supervision of State utility regulators. States shall maintain responsibility for meeting the standards and requirements of the REEP program. In any State that elects not to administer the REEP program, a unit of local government may propose to do so within its jurisdiction, and if the Administrator finds that such local government is capable of administering the program, the Administrator may provide assistance to that local government, prorated according to the population of the local jurisdiction relative to the population of the State, for purposes of the REEP program.
Employment
States and local government entities may administer a REEP program in a manner that authorizes public or regulated investor-owned utilities, building auditors and inspectors, contractors, nonprofit organizations, for-profit companies, and other entities to perform audits and retrofit services under this section. A State may provide incentives for retrofits without direct participation by the State or its agents, so long as the resulting savings are measured and verified. A State or local administrator of a REEP program shall seek to ensure that sufficient qualified entities are available to support retrofit activities so that building owners have a competitive choice among qualified auditors, raters, contractors, and providers of services related to retrofits. Nothing in this section is intended to deny the right of a building owner to choose the specific providers of retrofit services to engage for a retrofit project in that owner's building.
Equal incentives for equal improvement
In general, the States should strive to offer the same levels of incentives for retrofits that meet the same efficiency improvement goals, regardless of whether the State, its agency or entity, or the building owner has conducted the retrofit achieving the improvement, provided the improvement is measured and verified.
Elements of reep program
The Administrator, in consultation with the Secretary of Energy, shall establish goals, guidelines, practices, and standards for accomplishing the purpose stated in subsection (c), and shall annually review and, as appropriate, revise such goals, guidelines, practices, and standards. The program under this section shall include the following:
Residential Energy Services Network (RESNET) or Building Performance Institute (BPI) analyst certification of residential building energy and environment auditors, inspectors, and raters, or an equivalent certification system as determined by the Administrator.
BPI certification or licensing by States of residential building energy and environmental retrofit contractors, or an equivalent certification or licensing system as determined by the Administrator.
Provision of BPI, RESNET, or other appropriate information on equipment and procedures, as determined by the Administrator, that contractors can use to test the energy and environmental efficiency of buildings effectively (such as infrared photography and pressurized testing, and tests for water use and indoor air quality).
Provision of clear and effective materials to describe the testing and retrofit processes for typical buildings.
Guidelines for offering and managing prescriptive building retrofit programs and performance-based building retrofit programs for residential and nonresidential buildings.
Guidelines for applying recommissioning and retrocommissioning principles to improve a building's operations and maintenance procedures.
A requirement that building retrofits conducted pursuant to a REEP program utilize, especially in all air-conditioned buildings, roofing materials with high solar energy reflectance, unless inappropriate due to green roof management, solar energy production, or for other reasons identified by the Administrator, in order to reduce energy consumption within the building, increase the albedo of the building's roof, and decrease the heat island effect in the area of the building, without reduction of otherwise applicable ceiling insulation standards.
Determination of energy savings in a performance-based building retrofit program through—
for residential buildings, comparison of before and after retrofit scores on the Home Energy Rating System (HERS) Index, where the final score is produced by an objective third party;
for nonresidential buildings, Environmental Protection Agency Portfolio Manager benchmarks; or
for either residential or nonresidential buildings, use of an Administrator-approved simulation program by a contractor with the appropriate certification, subject to appropriate software standards and verification of at least 15 percent of all work done, or such other percentage as the Administrator may determine.
Guidelines for utilizing the Energy Star Portfolio Manager, the Home Energy Rating System (HERS) rating system, Home Performance with Energy Star program approvals, and any other tools associated with the retrofit program.
Requirements and guidelines for post-retrofit inspection and confirmation of work and energy savings.
Detailed descriptions of funding options for the benefit of State and local governments, along with model forms, accounting aids, agreements, and guides to best practices.
Guidance on opportunities for—
rating or certifying retrofitted buildings as Energy Star buildings, or as green buildings under a recognized green building rating system;
assigning Home Energy Rating System (HERS) or similar ratings; and
completing any applicable building performance labels.
Sample materials for publicizing the program to building owners, including public service announcements and advertisements.
Processes for tracking the numbers and locations of buildings retrofitted under the REEP program, with information on projected and actual savings of energy and its value over time.
Requirements
As a condition of receiving assistance for the REEP program pursuant to this Act, a State or qualifying local government shall—
adopt the standards for training, certification of contractors, certification of buildings, and post-retrofit inspection as developed by the Administrator for residential and nonresidential buildings, respectively, except as necessary to match local conditions, needs, efficiency opportunities, or other local factors, or to accord with State laws or regulations, and then only after the Administrator approves such a variance;
establish fiscal controls and accounting procedures (which conform to generally accepted government accounting principles) sufficient to ensure proper accounting during appropriate accounting periods for payments received and disbursements, and for fund balances;
agree to make 10 percent of assistance received to carry out this section available on a preferential basis for retrofit projects proposed for public housing and assisted housing, provided that—
none of such funds shall be used for demolition of such housing;
such retrofits not shall not be used to justify any increase in rents charged to residents of such housing; and
owners of such housing shall agree to continue to provide affordable housing consistent with the provisions of the authorizing legislation governing each program for an additional period commensurate with the funding received; and
the Administrator shall conduct or require each State to have such independent financial audits of REEP-related funding as the Administrator considers necessary or appropriate to carry out the purposes of this section.
Options To support reep program
The assistance provided under this section shall support the implementation through State REEP programs of alternate means of creating incentives for, or reducing financial barriers to, improved energy and environmental performance in buildings, consistent with this section, including—
implementing prescriptive building retrofit programs and performance-based building retrofit programs;
providing credit enhancement, interest rate subsidies, loan guarantees, or other credit support;
providing initial capital for public revolving fund financing of retrofits;
providing funds to support utility-operated retrofit programs with repayments over time through utility rates, calibrated to create net positive cash flow to the building owner, and transferable from one building owner to the next with the building's utility services;
providing funds to local government programs to provide REEP services and financial assistance; and
other means proposed by State and local agencies, subject to the approval of the Administrator.
Support for program
Initial award limits
Except as provided in paragraph (2), State and local REEP programs may make per-building direct expenditures for retrofit improvements, or their equivalent in indirect or other forms of financial support, from funds made available to carry out this section, in amounts not to exceed the following amounts per unit:
Residential building program
Awards
For residential buildings—
support for a free or low-cost detailed building energy audit that prescribes measures sufficient to achieve at least a 20 percent reduction in energy use, by providing an incentive equal to the documented cost of such audit, but not more than $200, in addition to any earned by achieving a 20 percent or greater efficiency improvement;
a total of $1,000 for a combination of measures, prescribed in an audit conducted under subclause (I), designed to reduce energy consumption by more than 10 percent, and $2,000 for a combination of measures prescribed in such an audit, designed to reduce energy consumption by more than 20 percent;
$3,000 for demonstrated savings of 20 percent, pursuant to a performance-based building retrofit program; and
$1,000 for each additional 5 percentage points of energy savings achieved beyond savings for which funding is provided under subclause (II) or (III).
Maximum percentage
Awards under clause (i) shall not exceed 50 percent of retrofit costs for each building. For buildings with multiple residential units, awards under clause (i) shall not be greater than 50 percent of the total cost of retrofitting the building, prorated among individual residential units on the basis of relative costs of the retrofit. In the case of public housing and assisted housing, the 50 percent contribution matching the contribution from REEP program funds may come from any other source, including other Federal funds.
Additional awards
Additional awards may be provided for purposes of increasing energy efficiency, for buildings achieving at least 20 percent energy savings using funding provided under clause (i), in the form of grants of not more than $600 for measures projected or measured (using an appropriate method approved by the Administrator) to achieve at least 35 percent potable water savings through equipment or systems with an estimated service life of not less than 7 years, and not more than an additional $20 may be provided for each additional one percent of such savings, up to a maximum total grant of $1,200.
Nonresidential building program
Awards
For nonresidential buildings—
support for a free or low-cost detailed building energy audit that prescribes, as part of a energy-reducing measures sufficient to achieve at least a 20 percent reduction in energy use, by providing an incentive equal to the documented cost of such audit, but not more than $500, in addition to any award earned by achieving a 20 percent or greater efficiency improvement;
$0.15 per square foot of retrofit area for demonstrated energy use reductions from 20 percent to 30 percent;
$0.75 per square foot for demonstrated energy use reductions from 30 percent to 40 percent;
$1.60 per square foot for demonstrated energy use reductions from 40 percent to 50 percent; and
$2.50 per square foot for demonstrated energy use reductions exceeding 50 percent.
Maximum percentage
Amounts provided under subclauses (II) through (V) of clause (i) combined shall not exceed 50 percent of the total retrofit cost of a building. In nonresidential buildings with multiple units, such awards shall be prorated among individual units on the basis of relative costs of the retrofit.
Additional awards
Additional awards may be provided, for buildings achieving at least 20 percent energy savings using funding provided under clause (i), as follows:
Water
For purposes of increasing energy efficiency, grants may be made for whole building potable water use reduction (using an appropriate method approved by the Administrator) for up to 50 percent of the total retrofit cost, including amounts up to—
$24.00 per thousand gallons per year of potable water savings of 40 percent or more;
$27.00 per thousand gallons per year of potable water savings of 50 percent or more; and
$30.00 per thousand gallons per year of potable water savings of 60 percent or more.
Environmental improvements
Additional awards of up to $1,000 may be granted for the inclusion of other environmental attributes that the Administrator, in consultation with the Secretary, identifies as contributing to energy efficiency. Such attributes may include, but are not limited to waste diversion and the use of environmentally preferable materials (including salvaged, renewable, or recycled materials, and materials with no or low-VOC content). The Administrator may recommend that States develop such standards as are necessary to account for local or regional conditions that may affect the feasibility or availability of identified resources and attributes.
Indoor air quality minimum
Nonresidential buildings receiving incentives under this section must satisfy at a minimum the most recent version of ASHRAE Standard 62.1 for ventilation, or the equivalent as determined by the Administrator. A State may issue a waiver from this requirement to a building project on a showing that such compliance is infeasible due to the physical constraints of the building's existing ventilation system, or such other limitations as may be specified by the Administrator.
Disaster damaged buildings
Any source of funds, including Federal funds provided through the Robert T. Stafford Disaster Relief and Emergency Assistance Act, shall qualify as the building owner's 50 percent contribution, in order to match the contribution of REEP funds, so long as the REEP funds are only used to improve the energy efficiency of the buildings being reconstructed. In addition, the appropriate Federal agencies providing assistance to building owners through the Robert T. Stafford Disaster Relief and Emergency Assistance Act shall make information available, following a disaster, to building owners rebuilding disaster damaged buildings with assistance from the Act, that REEP funds may be used for energy efficiency improvements.
Historic buildings
Notwithstanding subparagraphs (A) and (B), a building in or eligible for the National Register of Historic Places shall be eligible for awards under this paragraph in amounts up to 120 percent of the amounts set forth in subparagraphs (A) and (B).
Supplemental support
State and local governments may supplement the per-building expenditures under this paragraph with funding from other sources.
Adjustment
The Administrator may adjust the specific dollar amounts provided under paragraph (1) in years subsequent to the second year after the date of enactment of this Act, and every 2 years thereafter, as the Administrator determines necessary to achieve optimum cost-effectiveness and to maximize incentives to achieve energy efficiency within the total building award amounts provided in that paragraph, and shall publish and hold constant such revised limits for at least 2 years.
Report to congress
The Administrator shall conduct an annual assessment of the achievements of the REEP program in each State, shall prepare an annual report of such achievements and any recommendations for program modifications, and shall provide such report to Congress at the end of each fiscal year during which funding or other resources were made available to the States for the REEP Program.
Emission Reductions from Public Transportation Vehicles
Short title
This subtitle may be
cited as the Green Taxis Act of
2009
.
State fuel economy regulation for taxicabs
Section 32919 of title 49, United States Code, is amended by adding at the end the following new subsection:
Taxicabs
Notwithstanding subsection (a), a State or political subdivision of a State may prescribe requirements for fuel economy for taxicabs and other automobiles if such requirements are at least as stringent as applicable Federal requirements and if such taxicabs and other automobiles—
are automobiles that are capable of transporting not more than 10 individuals, including the driver;
are commercially available or are designed and manufactured pursuant to a contract with such State or political subdivision of such State;
are operated for hire pursuant to an operating or regulatory license, permit, or other authorization issued by such State or political subdivision of such State;
provide local transportation for a fare determined on the basis of the time or distance traveled or a combination of time and distance traveled; and
do not exclusively provide transportation to and from airports.
.
State regulation of motor vehicle emissions for taxicabs
Section 209 of the Clean Air Act (42 U.S.C. 7543) is amended by adding at the end the following new subsection:
Taxicabs
Notwithstanding subsection (a), a State or political subdivision thereof may adopt and enforce standards for the control of emissions from new motor vehicles that are taxicabs and other vehicles if such standards will be, in the aggregate, at least as protective of public health and welfare as applicable Federal standards and if such taxicabs and other vehicles—
are passenger motor vehicles that are capable of transporting not more than 10 individuals, including the driver;
are commercially available or are designed and manufactured pursuant to a contract with such State or political subdivision thereof;
are operated for hire pursuant to an operating or regulatory license, permit, or other authorization issued by such State or political subdivision thereof;
provide local transportation for a fare determined on the basis of the time or distance traveled or a combination of time and distance traveled; and
do not exclusively provide transportation to and from airports.
If each standard of a State or political subdivision thereof is at least as stringent as the comparable applicable Federal standard, such standard of such State or political subdivision thereof shall be deemed at least as protective of health and welfare as such Federal standards for purposes of this subsection.
.
Clean Energy and Natural Gas
Clean Energy and Accelerated Emission Reduction Program
Establishment
In general
The Administrator shall establish a program to promote dispatchable power generation projects that can accelerate the reduction of power sector carbon dioxide and other greenhouse gas emissions.
Use of funds
Funds provided under this section shall be used by the Administrator to make incentive payments to owners or operators of eligible projects.
Regulations
Not later than 90 days after the date of enactment of this Act, the Administrator shall promulgate regulations providing for incentives, pursuant to the requirements of this section.
Goal
Not later than 3 years after the date of enactment of this Act, the Administrator shall provide incentives for eligible projects that generate 300,000 gigawatt-hours of electricity per year.
Criteria for eligible projects
To be eligible for funding under this section a project must—
reduce emissions below the 2007 average greenhouse gas emissions per megawatt-hour of the United States electric power sector by the quantity specified in subsection (f); and
not receive an investment or production credit in—
the year in which the project is placed in service; or
calendar year 2009, notwithstanding the year in which the project was placed in service.
Priority
The Administrator shall give priority to eligible projects from the following categories:
Power generation projects designed to integrate intermittent renewable power into the bulk-power system.
Energy storage projects used to support renewable energy.
Power generation projects with carbon capture and sequestration that are not eligible for other assistance under this Act.
Projects that achieve the greatest reduction in greenhouse gas emissions per dollar of incentive payment.
Emission reduction criteria
For the purposes of subsection (d), the applicable emission reduction quantity shall be determined in accordance with the following table:
| Calendar years | Percentage below 2007 average greenhouse gas emissions per MWh of United States electric power sector |
| 2010 through 2020 | 25 percent |
| 2021 through 2025 | 40 percent |
| 2026 through 2030 | 65 percent |
Authorization of appropriations
There are authorized to be appropriated to the Administrator such sums as are necessary to carry out this section for each of fiscal years 2010 through 2030.
Advanced natural gas technologies
Definitions
In this section:
Corporation
In general
The term corporation means any corporation, joint-stock company, partnership, limited liability company, association, business trust, or other organized group of persons, regardless of incorporation.
Exclusion
The term corporation does not include a municipality.
Eligible entity
In general
The term eligible entity means an entity that is eligible to receive a grant under subsection (b).
Inclusions
The term eligible entity includes a corporation, an eligible research entity, an industry entity, a municipality, a municipal natural gas distribution system, and a natural gas distribution company.
Eligible research entity
In general
The term eligible research entity means an entity that is experienced in planning, conducting, and implementing natural gas research, development, demonstration, and deployment projects.
Inclusions
The term eligible research entity includes a research institution and an institution of higher education.
Industry entity
In general
The term industry entity means the persons and municipalities collectively engaged in the delivery of natural gas for consumption in the United States (such as natural gas distribution companies and municipal natural gas distribution systems).
Exclusion
The term industry entity does not include any natural gas customer.
Municipality
The term municipality means a city, county, or other political subdivision or agency of a State.
Municipal natural gas distribution system
The term municipal natural gas distribution system means a municipality engaged in the business of delivering natural gas for consumption to residential, commercial, industrial, and other natural gas customers.
Natural gas
In general
The term natural gas means a mixture of hydrocarbon and nonhydrocarbon gases, primarily methane, that have been produced from geological formations or by any other means.
Inclusion
The term natural gas includes renewable biogas.
Natural gas distribution company
The term natural gas distribution company means a person engaged in the business of distributing natural gas for consumption to residential, commercial, industrial, or other natural gas customers.
Grant programs
Natural gas electricity generation grants
The Administrator, in consultation with Secretary of Energy, may provide to eligible entities research and development grants to support the deployment of low greenhouse-gas-emitting end-use technologies, including carbon capture and sequestration technologies, for natural gas electricity generation.
Natural gas residential and commercial technology grants
The Administrator shall establish a program to provide to eligible entities grants to advance the commercial demonstration or early development of low greenhouse-gas-emitting end-use technologies fueled by natural gas, including carbon capture and storage, for residential and commercial purposes, through research, development, demonstration, and deployment of those technologies.
Reporting
Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter, the Secretary of Energy shall submit to the Committee on Energy and Commerce of the House of Representatives and the Senate Committees on Energy and Natural Resources and Environment and Public Works of the Senate a report that describes the status and results of activities carried out under subsection (b).
Authorization
There are authorized to be appropriated such sums as are necessary to carry out this section.
Research
Energy Research
Advanced energy research
In general
The Administrator shall establish a program to provide grants for advanced energy research.
Distribution
The Administrator shall distribute grants on a competitive basis to institutions of higher education, companies, research foundations, trade and industry research collaborations, or consortia of such entities, or other appropriate research and development entities.
Selection of proposals
In selecting proposals for funding under this section, the Administrator shall prioritize applications that—
enhance the economic and energy security of the United States through the development of energy technologies that result in—
reductions of imports of energy from foreign sources;
reductions of energy-related emissions, including greenhouse gases; and
improvements in the energy efficiency of all economic sectors; and
ensure that the United States maintains a technological lead in developing and deploying advanced energy technologies.
Responsibilities
The Administrator shall be responsible for assessing the success of programs and terminating programs carried out under this section that are not achieving the goals of the programs.
Assistance
Assistance provided under this section shall be used to supplement, and not to supplant, any other Federal resources available to carry out activities described in this section.
Authorization
There are authorized to be appropriated such sums as are necessary to carry out this section.
Drinking water adaptation, technology, education, and research
Effects of climate change on drinking water utilities
Findings
Congress finds that—
the consensus among climate scientists is overwhelming that climate change is occurring more rapidly than can be attributed to natural causes, and that significant impacts to the water supply are already occurring;
among the first and most critical of those impacts will be change to patterns of precipitation around the world, which will affect water availability for the most basic drinking water and domestic water needs of populations in many areas of the United States;
drinking water utilities throughout the United States, as well as those in Europe, Australia, and Asia, are concerned that extended changes in precipitation will lead to extended droughts;
supplying water is highly energy-intensive and will become more so as climate change forces more utilities to turn to alternative supplies;
energy production consumes a significant percentage of the fresh water resources of the United States;
since 2003, the drinking water industry of the United States has sponsored, through a nonprofit water research foundation, various studies to assess the impacts of climate change on drinking water supplies;
those studies demonstrate the need for a comprehensive program of research into the full range of impacts on drinking water utilities, including impacts on water supplies, facilities, and customers;
that nonprofit water research foundation is also coordinating internationally with other drinking water utilities on shared research projects and has hosted international workshops with counterpart European and Asian water research organizations to develop a unified research agenda for applied research on adaptive strategies to address climate change impacts;
research data in existence as of the date of enactment of this Act—
summarize the best available scientific evidence on climate change;
identify the implications of climate change for the water cycle and the availability and quality of water resources; and
provide general guidance on planning and adaptation strategies for water utilities; and
given uncertainties about specific climate changes in particular areas, drinking water utilities need to prepare for a wider range of likely possibilities in managing and delivery of water.
In general
The Administrator, in cooperation with the Secretary of Commerce, the Secretary of Energy, and the Secretary of the Interior, shall establish and provide funding for a program of directed and applied research, to be conducted through a nonprofit drinking water research foundation and sponsored by water utilities, to assist the utilities in adapting to the effects of climate change.
Research areas
The research conducted in accordance with subsection (b) shall include research into—
water quality impacts and solutions, including research—
to address probable impacts on raw water quality resulting from—
erosion and turbidity from extreme precipitation events;
watershed vegetation changes; and
increasing ranges of pathogens, algae, and nuisance organisms resulting from warmer temperatures; and
on mitigating increasing damage to watersheds and water quality by evaluating extreme events, such as wildfires and hurricanes, to learn and develop management approaches to mitigate—
permanent watershed damage;
quality and yield impacts on source waters; and
increased costs of water treatment;
impacts on groundwater supplies from carbon sequestration, including research to evaluate potential water quality consequences of carbon sequestration in various regional aquifers, soil conditions, and mineral deposits;
water quantity impacts and solutions, including research—
to evaluate climate change impacts on water resources throughout hydrological basins of the United States;
to improve the accuracy and resolution of climate change models at a regional level;
to identify and explore options for increasing conjunctive use of aboveground and underground storage of water; and
to optimize operation of existing and new reservoirs in diminished and erratic periods of precipitation and runoff;
infrastructure impacts and solutions for water treatment and wastewater treatment facilities and underground pipelines, including research—
to evaluate and mitigate the impacts of sea level rise on—
near-shore facilities;
soil drying and subsidence;
reduced flows in water and wastewater pipelines; and
extreme flows in wastewater systems; and
on ways of increasing the resilience of existing infrastructure, planning cost-effective responses to adapt to climate change, and developing new design standards for future infrastructure that include the use of energy conservation measures and renewable energy in new construction to the maximum extent practicable;
desalination, water reuse, and alternative supply technologies, including research—
to improve and optimize existing membrane technologies, and to identify and develop breakthrough technologies, to enable the use of seawater, brackish groundwater, treated wastewater, and other impaired sources;
into new sources of water through more cost-effective water treatment practices in recycling and desalination; and
to improve technologies for use in—
managing and minimizing the volume of desalination and reuse concentrate streams; and
minimizing the environmental impacts of seawater intake at desalination facilities;
energy efficiency and greenhouse gas minimization, including research—
on optimizing the energy efficiency of water supply and wastewater operations and improving water efficiency in energy production and management; and
to identify and develop renewable, carbon-neutral energy options for the water supply and wastewater industry;
regional and hydrological basin cooperative water management solutions, including research into—
institutional mechanisms for greater regional cooperation and use of water exchanges, banking, and transfers; and
the economic benefits of sharing risks of shortage across wider areas;
utility management, decision support systems, and water management models, including research—
into improved decision support systems and modeling tools for use by water utility managers to assist with increased water supply uncertainty and adaptation strategies posed by climate change;
to provide financial tools, including new rate structures, to manage financial resources and investments, because increased conservation practices may diminish revenue and increase investments in infrastructure; and
to develop improved systems and models for use in evaluating—
successful alternative methods for conservation and demand management; and
climate change impacts on groundwater resources;
reducing greenhouse gas emissions and improving energy demand management, including research to improve energy efficiency in water collection, production, transmission, treatment, distribution, and disposal to provide more sustainability and means to assist drinking water utilities in reducing the production of greenhouse gas emissions in the collection, production, transmission, treatment, distribution, and disposal of drinking water;
water conservation and demand management, including research—
to develop strategic approaches to water demand management that offer the lowest-cost, noninfrastructural options to serve growing populations or manage declining supplies, primarily through—
efficiencies in water use and reallocation of the saved water;
demand management tools;
economic incentives; and
water-saving technologies; and
into efficiencies in water management through integrated water resource management that incorporates—
supply-side and demand-side processes;
continuous adaptive management; and
the inclusion of stakeholders in decisionmaking processes; and
communications, education, and public acceptance, including research—
into improved strategies and approaches for communicating with customers, decisionmakers, and other stakeholders about the implications of climate change on water supply and water management;
to develop effective communication approaches—
to gain public acceptance of alternative water supplies and new policies and practices, including conservation and demand management; and
to gain public recognition and acceptance of increased costs; and
to create and maintain a clearinghouse of climate change information for water utilities, academic researchers, stakeholders, government agencies, and research organizations.
Authorization of appropriations
There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2010 through 2020.
Transition and adaptation
Green jobs and worker transition
Green jobs
Clean energy curriculum development grants
Authorization
The Secretary of Education is authorized to award grants, on a competitive basis, to eligible partnerships to develop programs of study (containing the information described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342)), that are focused on emerging careers and jobs in the fields of clean energy, renewable energy, energy efficiency, climate change mitigation, and climate change adaptation. The Secretary of Education shall consult with the Secretary of Labor and the Secretary of Energy prior to the issuance of a solicitation for grant applications.
Eligible partnerships
For purposes of this section, an eligible partnership shall include—
at least 1 local educational agency eligible for funding under section 131 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2351) or an area career and technical education school or education service agency described in such section;
at least 1 postsecondary institution eligible for funding under section 132 of such Act (20 U.S.C. 2352); and
representatives of the community including business, labor organizations, and industry that have experience in fields as described in subsection (a).
Application
An eligible partnership seeking a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Applications shall include—
a description of the eligible partners and partnership, the roles and responsibilities of each partner, and a demonstration of each partner’s capacity to support the program;
a description of the career area or areas within the fields as described in subsection (a) to be developed, the reason for the choice, and evidence of the labor market need to prepare students in that area;
a description of the new or existing program of study and both secondary and postsecondary components;
a description of the students to be served by the new program of study;
a description of how the program of study funded by the grant will be replicable and disseminated to schools outside of the partnership, including urban and rural areas;
a description of applied learning that will be incorporated into the program of study and how it will incorporate or reinforce academic learning;
a description of how the program of study will be delivered;
a description of how the program will provide accessibility to students, especially economically disadvantaged, low performing, and urban and rural students;
a description of how the program will address placement of students in nontraditional fields as described in section 3(20) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(20)); and
a description of how the applicant proposes to consult or has consulted with a labor organization, labor management partnership, apprenticeship program, or joint apprenticeship and training program that provides education and training in the field of study for which the applicant proposes to develop a curriculum.
Priority
The Secretary shall give priority to applications that—
use online learning or other innovative means to deliver the program of study to students, educators, and instructors outside of the partnership; and
focus on low performing students and special populations as defined in section 3(29) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(29)).
Peer review
The Secretary shall convene a peer review process to review applications for grants under this section and to make recommendations regarding the selection of grantees. Members of the peer review committee shall include—
educators who have experience implementing curricula with comparable purposes; and
business and industry experts in fields as described in subsection (a).
Uses of funds
Grants awarded under this section shall be used for the development, implementation, and dissemination of programs of study (as described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act (20 U.S.C. 2342(c)(1)(A))) in career areas related to clean energy, renewable energy, energy efficiency, climate change mitigation, and climate change adaptation.
Development of Information and Resources clearinghouse for vocational education and job training in renewable energy sectors
Development of clearinghouse
Not later than 18 months after the date of enactment of this Act, the Secretary of Labor, in collaboration with the Secretary of Energy and the Secretary of Education, shall develop an internet based information and resources clearinghouse to aid career and technical education and job training programs for the renewable energy sectors. In establishing the clearinghouse, the Secretary shall—
collect and provide information that addresses the consequences of rapid changes in technology and regional disparities for renewable energy training programs and provides best practices for training and education in light of such changes and disparities;
place an emphasis on facilitating collaboration between the renewable energy industry and job training programs and on identifying industry and technological trends and best practices, to better help job training programs maintain quality and relevance; and
place an emphasis on assisting programs that cater to high-demand middle-skill, trades, manufacturing, contracting, and consulting careers.
Solicitation and consultation
In developing the clearinghouse pursuant to subsection (a), the Secretary shall solicit information and expertise from businesses and organizations in the renewable energy sector and from institutions of higher education, career and technical schools, and community colleges that provide training in the renewable energy sectors. The Secretary shall solicit a comprehensive peer review of the clearinghouse by such entities not less than once every 2 years. Nothing in this subsection should be interpreted to require the divulgence of proprietary or competitive information.
Contents of clearinghouse
Separate section for each renewable energy sector
The clearinghouse shall contain separate sections developed for each of the following renewable energy sectors:
Solar energy systems.
Wind energy systems.
Energy transmission systems.
Geothermal systems of energy and heating.
Energy efficiency technical training.
Additional requirements
In addition to the information required in subsection (a), each section of the clearinghouse shall include information on basic environmental science and processes needed to understand renewable energy systems, Federal government and industry resources, and points of contact to aid institutions in the development of placement programs for apprenticeships and post graduation opportunities, and information and tips about a green workplace, energy efficiency, and relevant environmental topics and information on available industry recognized certifications in each area.
Dissemination
The clearinghouse shall be made available via the Internet to the general public. Notice of the completed clearinghouse and any major revisions thereto shall also be provided—
to each Member of Congress; and
on the websites of the Departments of Education, Energy, and Labor.
Revision
The Secretary of Labor shall revise and update the clearinghouse on a regular basis to ensure its relevance.
Green construction careers demonstration project
Establishment and authority
The Secretary of Labor, in consultation with the Secretary of Energy, shall, not later than 180 days after the enactment of this Act, establish a Green Construction Careers demonstration project by rules, regulations, and guidance in accordance with the provisions of this section. The purpose of the demonstration project shall be to promote middle class careers and quality employment practices in the green construction sector among targeted workers and to advance efficiency and performance on construction projects related to this Act. In order to advance these purposes, the Secretary shall identify projects, including residential retrofitting projects, funded directly by or assisted in whole or in part by or through the Federal Government pursuant to this Act or by any other entity established in accordance with this Act, to which all of the following shall apply.
Requirements
The Secretaries may establish such terms and conditions for the demonstration projects as the Secretaries determine are necessary to meet the purposes of subsection (a), including establishing minimum proportions of hours to be worked by targeted workers on such projects. The Secretaries may require the contractors and subcontractors performing construction services on the project to comply with the terms and conditions as a condition of receiving funding or assistance from the Federal Government under this Act.
Evaluation
The Secretaries shall evaluate the demonstration projects against the purposes of this section at the end of 3 years from initiation of the demonstration project. If the Secretaries determine that the demonstration projects have been successful, the Secretaries may identify further projects to which of the provisions of this section shall apply.
GAO report
The Comptroller General shall prepare and submit a report to the Committee on Health, Education, Labor, and Pensions and the Committee on Energy and Natural Resources of the Senate and the Committee on Education and Labor and the Committee on Energy and Commerce of the House of Representatives not later than 5 years after the date of enactment of this Act, which shall advise the committees of the results of the demonstration projects and make appropriate recommendations.
Definition and designation of targeted workers
As used in this section, the term targeted worker means an individual who resides in the same labor market area (as defined in section 101(18) of the Workforce Investment Act of 1998 (29 U.S.C. 2801(18))) as the project and who—
is a member of a targeted group, within the meaning of section 51 of the Internal Revenue Code of 1986, other than an individual described in subsection (d)(1)(C) of such section;
resides in a census tract in which not less than 20 percent of the households have incomes below the Federal poverty guidelines; or
is a member of a family that received a total family income that, during the 2-year period prior to employment on the project or admission to the pre-apprenticeship program, did not exceed 200 percent of the Federal poverty guidelines (exclusive of unemployment compensation, child support payments, payments described in section 101(25)(A) of the Workforce Investment Act (29 U.S.C. 2801(25)(A)), and old-age and survivors insurance benefits received under section 202 of the Social Security Act (42 U.S.C. 402); or
is a displaced homemaker, as such term is defined in section 3(10) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(10)).
Qualified pre-Apprenticeship program
A qualified pre-apprenticeship program is a pre-apprenticeship program that has demonstrated an ability to recruit, train, and prepare for admission to apprenticeship programs individuals who are targeted workers.
Qualified apprenticeship and other training programs
Participation by each contractor required
Each contractor and subcontractor that seeks to provide construction services on projects identified by the Secretaries pursuant to subsection (a) shall submit adequate assurances with its bid or proposal that it participates in a qualified apprenticeship or other training program, with a written arrangement with a qualified pre-apprenticeship program, for each craft or trade classification of worker that it intends to employ to perform work on the project.
Definition of qualified apprentice ship or other training program
In general
For purposes of this section, the term qualified apprenticeship or other training program means an apprenticeship or other training program that qualifies as an employee welfare benefit plan, as defined in section 3(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(1)).
Certification of other programs in certain localities
In the event that the Secretary of Labor certifies that a qualified apprenticeship or other training program (as defined in subparagraph (A)) for a craft or trade classification of workers that a prospective contractor or subcontractor intends to employ, is not operated in the locality where the project will be performed, an apprenticeship or other training program that is not an employee welfare benefit plan (as defined in such section) may be certified by the Secretary as a qualified apprenticeship or other training program provided it is registered with the Office of Apprenticeship of the Department of Labor, or a State apprenticeship agency recognized by the Office of Apprenticeship for Federal purposes.
Facilitating compliance
The Secretary may require Federal contracting agencies, recipients of Federal assistance, and any other entity established in accordance with this Act to require contractors to enter into an agreement in a manner comparable with the standards set forth in sections 3 and 4 of Executive Order 13502 in order to achieve the purposes of this section, including any requirements established by subsection (b).
Limitation
The requirements of this section shall not apply to any project funded under this Act in American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, or the United States Virgin Islands, unless participation is requested by the governor of such territories within 1 year of the promulgation of rules under this Act.
Climate change worker adjustment assistance
Petitions, eligibility requirements, and determinations
Petitions
Filing
A petition for certification of eligibility to apply for adjustment assistance for a group of workers under this part may be filed by any of the following:
The group of workers.
The certified or recognized union or other duly authorized representative of such workers.
Employers of such workers, one-stop operators or one-stop partners (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)), including State employment security agencies, or the State dislocated worker unit established under title I of such Act, on behalf of such workers.
Action by Governors
Upon receipt of a petition filed under paragraph (1), the Governor shall—
ensure that rapid response activities and appropriate core and intensive services (as described in section 134 of the Workforce Investment Act of 1998 (29 U.S.C. 2864)) authorized under other Federal laws are made available to the workers covered by the petition to the extent authorized under such laws; and
assist the Secretary in the review of the petition by verifying such information and providing such other assistance as the Secretary may request.
Action by the Secretary
Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register and on the website of the Department of Labor that the Secretary has received the petition and initiated an investigation.
Hearings
If the petitioner, or any other person found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the date of the Secretary's publication under paragraph (3) a request for a hearing, the Secretary shall provide for a public hearing and afford such interested persons an opportunity to be present, to produce evidence, and to be heard.
Eligibility
In general
A group of workers shall be certified by the Secretary as eligible to apply for adjustment assistance under this part pursuant to a petition filed under subsection (a) if—
the group of workers is employed in—
energy producing and transforming industries;
industries dependent upon energy industries;
energy-intensive manufacturing industries;
consumer goods manufacturing; or
other industries whose employment the Secretary determines has been adversely affected by any requirement of title VII of the Clean Air Act;
the Secretary determines that a significant number or proportion of the workers in such workers’ employment site have become totally or partially separated, or are threatened to become totally or partially separated from employment; and
the sales, production, or delivery of goods or services have decreased as a result of any requirement of title VII of the Clean Air Act, including—
the shift from reliance upon fossil fuels to other sources of energy, including renewable energy, that results in the closing of a facility or layoff of employees at a facility that mines, produces, processes, or utilizes fossil fuels to generate electricity;
a substantial increase in the cost of energy required for a manufacturing facility to produce items whose prices are competitive in the marketplace, to the extent the cost is not offset by assistance provided to the facility pursuant to title VII of the Clean Air Act; or
other documented occurrences that the Secretary determines are indicators of an adverse impact on an industry described in subparagraph (A) as a result of any requirement of title VII of the Clean Air Act.
Workers in public agencies
A group of workers in a public agency shall be certified by the Secretary as eligible to apply for climate change adjustment assistance pursuant to a petition filed if the Secretary determines that a significant number or proportion of the workers in the public agency have become totally or partially separated from employment, or are threatened to become totally or partially separated as a result of any requirement of title VII of the Clean Air Act.
Adversely affected service workers
A group of workers shall be certified as eligible to apply for climate change adjustment assistance pursuant to a petition filed if the Secretary determines that—
a significant number or proportion of the service workers at an employment site where a group of workers has been certified by the Secretary as eligible to apply for adjustment assistance under this part pursuant to paragraph (1) have become totally or partially separated from employment, or are threatened to become totally or partially separated; and
a loss of business in the firm providing service workers to an employment site is directly attributable to one or more of the documented occurrences listed in paragraph (1)(C).
Authority To investigate and collect information
In general
The Secretary shall, in determining whether to certify a group of workers under subsection (d), obtain information the Secretary determines to be necessary to make the certification, through questionnaires and in such other manner as the Secretary determines appropriate from—
the workers’ employer;
officials of certified or recognized unions or other duly authorized representatives of the group of workers; or
one-stop operators or one-stop partners (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)).
Verification of information
The Secretary shall require an employer, union, or one-stop operator or partner to certify all information obtained under paragraph (1) from the employer, union, or one-stop operator or partner (as the case may be) on which the Secretary relies in making a determination under subsection (d), unless the Secretary has a reasonable basis for determining that such information is accurate and complete without being certified.
Protection of confidential information
The Secretary may not release information obtained under paragraph (1) that the Secretary considers to be confidential business information unless the employer submitting the confidential business information had notice, at the time of submission, that the information would be released by the Secretary, or the employer subsequently consents to the release of the information. Nothing in this paragraph shall be construed to prohibit the Secretary from providing such confidential business information to a court in camera or to another party under a protective order issued by a court.
Determination by the Secretary of Labor
In general
As soon as possible after the date on which a petition is filed under subsection (a), but in any event not later than 40 days after that date, the Secretary, in consultation with the Secretary of Energy and the Administrator, as necessary, shall determine whether the petitioning group meets the requirements of subsection (b) and shall issue a certification of eligibility to apply for assistance under this part covering workers in any group which meets such requirements. Each certification shall specify the date on which the total or partial separation began or threatened to begin. Upon reaching a determination on a petition, the Secretary shall promptly publish a summary of the determination in the Federal Register and on the website of the Department of Labor, together with the Secretary's reasons for making such determination.
One-Year limitation
A certification under this section shall not apply to any worker whose last total or partial separation from the employment site before the worker’s application under section 312(a) occurred more than 1 year before the date of the petition on which such certification was granted.
Revocation of certification
Whenever the Secretary determines, with respect to any certification of eligibility of the workers of an employment site, that total or partial separations from such site are no longer a result of the factors specified in subsection (b)(1), the Secretary shall terminate such certification and promptly have notice of such termination published in the Federal Register and on the website of the Department of Labor, together with the Secretary's reasons for making such determination. Such termination shall apply only with respect to total or partial separations occurring after the termination date specified by the Secretary.
Industry notification of assistance
Upon receiving a notification of a determination under subsection (d) with respect to a domestic industry the Secretary of Labor shall notify the representatives of the domestic industry affected by the determination, employers publicly identified by name during the course of the proceeding relating to the determination, and any certified or recognized union or, to the extent practicable, other duly authorized representative of workers employed by such representatives of the domestic industry, of—
the adjustment assistance, training, and other benefits available under this part;
the manner in which to file a petition and apply for such benefits;
the availability of assistance in filing such petitions;
notify the Governor of each State in which one or more employers in such industry are located of the Secretary’s determination and the identity of the employers; and
upon request, provide any assistance that is necessary to file a petition under subsection (a).
Benefit information to workers, providers of training
In general
The Secretary shall provide full information to workers about the adjustment assistance, training, and other benefits available under this part and about the petition and application procedures, and the appropriate filing dates, for such assistance, training and services. The Secretary shall provide whatever assistance is necessary to enable groups of workers to prepare petitions or applications for program benefits. The Secretary shall make every effort to insure that cooperating State agencies fully comply with the agreements entered into under section 312(a) and shall periodically review such compliance. The Secretary shall inform the State Board for Vocational Education or equivalent agency, the one-stop operators or one-stop partners (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)), and other public or private agencies, institutions, and employers, as appropriate, of each certification issued under subsection (d) and of projections, if available, of the needs for training under as a result of such certification.
Notice by mail
The Secretary shall provide written notice through the mail of the benefits available under this part to each worker whom the Secretary has reason to believe is covered by a certification made under subsection (d)—
at the time such certification is made, if the worker was partially or totally separated from the adversely affected employment before such certification; or
at the time of the total or partial separation of the worker from the adversely affected employment, if subparagraph (A) does not apply.
Newspapers; website
The Secretary shall publish notice of the benefits available under this part to workers covered by each certification made under subsection (d) in newspapers of general circulation in the areas in which such workers reside and shall make such information available on the website of the Department of Labor.
Program benefits
Climate change adjustment assistance
Eligibility
Payment of climate change adjustment assistance shall be made to an adversely affected worker covered by a certification under section 311(b) who files an application for such assistance for any week of unemployment which begins on or after the date of such certification, if the following conditions are met:
Such worker’s total or partial separation before the worker’s application under this part occurred—
on or after the date, as specified in the certification under which the worker is covered, on which total or partial separation began or threatened to begin in the adversely affected employment;
before the expiration of the 2-year period beginning on the date on which the determination under section 311(d) was made; and
before the termination date, if any, determined pursuant to section 311(d)(3).
Such worker had, in the 52-week period ending with the week in which such total or partial separation occurred, at least 26 weeks of full-time employment or 1,040 hours of part time employment in adversely affected employment, or, if data with respect to weeks of employment are not available, equivalent amounts of employment computed under regulations prescribed by the Secretary. For the purposes of this paragraph, any week in which such worker—
is on employer-authorized leave for purposes of vacation, sickness, injury, maternity, or inactive duty or active duty military service for training;
does not work because of a disability that is compensable under a workmen's compensation law or plan of a State or the United States;
had his employment interrupted in order to serve as a full-time representative of a labor organization in such firm; or
is on call-up for
purposes of active duty in a reserve status in the Armed Forces of the United
States, provided such active duty is Federal service
as defined
in section 8521(a)(1) of title 5, United States Code,
Such worker is enrolled in a training program approved by the Secretary under subsection (b)(2).
Ineligibility for certain other benefits
An adversely affected worker receiving a payment under this section shall be ineligible to receive any other form of unemployment insurance for the period in which such worker is receiving climate change adjustment assistance under this section.
Revocation
If—
the Secretary determines that—
the adversely affected worker—
has failed to begin participation in the training program the enrollment in which meets the requirement of paragraph (1)(C); or
has ceased to participate in such training program before completing such training program; and
there is no justifiable cause for such failure or cessation; or
the certification made with respect to such worker under section 311(d) is revoked under paragraph (3) of such section,
Waivers of training requirements
The Secretary may issue a written statement to an adversely affected worker waiving the requirement to be enrolled in training described in subsection (b)(2) if the Secretary determines that it is not feasible or appropriate for the worker, because of 1 or more of the following reasons:
Recall
The worker has been notified that the worker will be recalled by the employer from which the separation occurred.
Marketable skills
In general
The worker possesses marketable skills for suitable employment (as determined pursuant to an assessment of the worker, which may include the profiling system under section 303(j) of the Social Security Act (42 U.S.C. 503(j)), carried out in accordance with guidelines issued by the Secretary) and there is a reasonable expectation of employment at equivalent wages in the foreseeable future.
Marketable skills defined
For purposes of clause (i), the term marketable skills may include the possession of a postgraduate degree from an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) or an equivalent institution, or the possession of an equivalent postgraduate certification in a specialized field.
Retirement
The worker is within 2 years of meeting all requirements for entitlement to either—
old-age insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.) (except for application therefor); or
a private pension sponsored by an employer or labor organization.
Health
The worker is unable to participate in training due to the health of the worker, except that a waiver under this subparagraph shall not be construed to exempt a worker from requirements relating to the availability for work, active search for work, or refusal to accept work under Federal or State unemployment compensation laws.
Enrollment unavailable
The first available enrollment date for the training of the worker is within 60 days after the date of the determination made under this paragraph, or, if later, there are extenuating circumstances for the delay in enrollment, as determined pursuant to guidelines issued by the Secretary.
Training not available
Training described in subsection (b)(2) is not reasonably available to the worker from either governmental agencies or private sources (which may include area career and technical education schools, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302), and employers), no training that is suitable for the worker is available at a reasonable cost, or no training funds are available.
Weekly amounts
The climate change adjustment assistance payable to an adversely affected worker for a week of unemployment shall be an amount equal to 70 percent of the average weekly wage of such worker, but in no case shall such amount exceed the average weekly wage for all workers in the State where the adversely affected worker resides.
Maximum duration of benefits
An eligible worker may receive a climate change adjustment assistance under this subsection for a period of not longer than 156 weeks.
Employment services and training
Information and employment services
The Secretary shall make available, directly or through agreements with the States under section 313(a) to adversely affected workers covered by a certification under section 311(a) the following information and employment services:
Comprehensive and specialized assessment of skill levels and service needs, including through—
diagnostic testing and use of other assessment tools; and
in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals.
Development of an individual employment plan to identify employment goals and objectives, and appropriate training to achieve those goals and objectives.
Information on training available in local and regional areas, information on individual counseling to determine which training is suitable training, and information on how to apply for such training.
Information on training programs and other services provided by a State pursuant to title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) and available in local and regional areas, information on individual counseling to determine which training is suitable training, and information on how to apply for such training.
Information on how to apply for financial aid, including referring workers to educational opportunity centers described in section 402F of the Higher Education Act of 1965 (20 U.S.C. 1070a–16), where applicable, and notifying workers that the workers may request financial aid administrators at institutions of higher education (as defined in section 102 of such Act (20 U.S.C. 1002)) to use the administrators’ discretion under section 479A of such Act (20 U.S.C. 1087tt) to use current year income data, rather than preceding year income data, for determining the amount of need of the workers for Federal financial assistance under title IV of such Act (20 U.S.C. 1070 et seq.).
Short-term prevocational services, including development of learning skills, communications skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct to prepare individuals for employment or training.
Individual career counseling, including job search and placement counseling, during the period in which the individual is receiving climate change adjustment assistance or training under this part, and after receiving such training for purposes of job placement.
Provision of employment statistics information, including the provision of accurate information relating to local, regional, and national labor market areas, including—
job vacancy listings in such labor market areas;
information on jobs skills necessary to obtain jobs identified in job vacancy listings described in subparagraph (A);
information relating to local occupations that are in demand and earnings potential of such occupations; and
skills requirements for local occupations described in subparagraph (C).
Information relating to the availability of supportive services, including services relating to child care, transportation, dependent care, housing assistance, and need-related payments that are necessary to enable an individual to participate in training.
Training
Approval of and payment for training
If the Secretary determines, with respect to an adversely affected worker that—
there is no suitable employment (which may include technical and professional employment) available for an adversely affected worker;
the worker would benefit from appropriate training;
there is a reasonable expectation of employment following completion of such training;
training approved by the Secretary is reasonably available to the worker from either governmental agencies or private sources (including area career and technical education schools, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302), and employers);
the worker is qualified to undertake and complete such training; and
such training is suitable for the worker and available at a reasonable cost,
Distribution
The Secretary shall establish procedures for the distribution of the funds to States to carry out the training programs approved under this paragraph, and shall make an initial distribution of the funds made available as soon as practicable after the beginning of each fiscal year.
Additional rules regarding approval of and payment for training
For purposes of applying subparagraph (A)(iii), a reasonable expectation of employment does not require that employment opportunities for a worker be available, or offered, immediately upon the completion of training approved under such subparagraph.
If the costs of training an adversely affected worker are paid by the Secretary under subparagraph (A), no other payment for such costs may be made under any other provision of Federal law. No payment may be made under subparagraph (A) of the costs of training an adversely affected worker or an adversely affected incumbent worker if such costs—
have already been paid under any other provision of Federal law; or
are reimbursable under any other provision of Federal law and a portion of such costs have already been paid under such other provision of Federal law.
Training programs
The training programs that may be approved under subparagraph (A) include—
employer-based training, including—
on-the-job training if approved by the Secretary under subsection (c); and
joint labor-management apprenticeship programs;
any training program provided by a State pursuant to title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.);
any programs in career and technical education described in section 3(5) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(5));
any program of remedial education;
any program of prerequisite education or coursework required to enroll in training that may be approved under this paragraph;
any training program for which all, or any portion, of the costs of training the worker are paid—
under any Federal or State program other than this part; or
from any source other than this part;
any training program or coursework at an accredited institution of higher education (described in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)), including a training program or coursework for the purpose of—
obtaining a degree or certification; or
completing a degree or certification that the worker had previously begun at an accredited institution of higher education; and
any other training program approved by the Secretary.
Supplemental assistance
The Secretary may, as appropriate, authorize supplemental assistance that is necessary to defray reasonable transportation and subsistence expenses for separate maintenance in a case in which training for a worker is provided in a facility that is not within commuting distance of the regular place of residence of the worker.
On-The-Job training requirements
In general
The Secretary may approve on-the-job training for any adversely affected worker if—
the Secretary determines that on-the-job training—
can reasonably be expected to lead to suitable employment with the employer offering the on-the-job training;
is compatible with the skills of the worker;
includes a curriculum through which the worker will gain the knowledge or skills to become proficient in the job for which the worker is being trained; and
can be measured by benchmarks that indicate that the worker is gaining such knowledge or skills; and
the State determines that the on-the-job training program meets the requirements of clauses (iii) and (iv) of subparagraph (A).
Monthly payments
The Secretary shall pay the costs of on-the-job training approved under paragraph (1) in monthly installments.
Contracts for on-the-job training
In general
The Secretary shall ensure, in entering into a contract with an employer to provide on-the-job training to a worker under this subsection, that the skill requirements of the job for which the worker is being trained, the academic and occupational skill level of the worker, and the work experience of the worker are taken into consideration.
Term of contract
Training under any such contract shall be limited to the period of time required for the worker receiving on-the-job training to become proficient in the job for which the worker is being trained, but may not exceed 156 weeks in any case.
Exclusion of certain employers
The Secretary shall not enter into a contract for on-the-job training with an employer that exhibits a pattern of failing to provide workers receiving on-the-job training from the employer with—
continued, long-term employment as regular employees; and
wages, benefits, and working conditions that are equivalent to the wages, benefits, and working conditions provided to regular employees who have worked a similar period of time and are doing the same type of work as workers receiving on-the-job training from the employer.
Administrative and employment services funding
Administrative funding
In addition to any funds made available to a State to carry out this section for a fiscal year, the State shall receive for the fiscal year a payment in an amount that is equal to 15 percent of the amount of such funds and shall—
use not more than 2⁄3 of such payment for the administration of the climate change adjustment assistance for workers program under this part, including for—
processing waivers of training requirements under subsection (a)(4); and
collecting, validating, and reporting data required under this part; and
use not less than 1⁄3 of such payment for information and employment services under subsection (b)(1).
Employment services funding
In general
In addition to any funds made available to a State to carry out subsection (b)(2) and the payment under paragraph (1) for a fiscal year, the Secretary shall provide to the State for the fiscal year a reasonable payment for the purpose of providing employment and services under subsection (b)(1).
Voluntary return of funds
A State that receives a payment under subparagraph (A) may decline or otherwise return such payment to the Secretary.
Job search assistance
The Secretary of Labor may provide adversely affected workers one-time job search assistance in accordance with regulations prescribed by the Secretary. Any job search assistance provided shall be available only under the following circumstances and conditions:
The worker is no longer eligible for the climate change adjustment assistance under subsection (a) and has completed the training program required by subsection (b)(1)(E).
The Secretary determines that the worker cannot reasonably be expected to secure suitable employment in the commuting area in which the worker resides.
Assistance granted shall provide reimbursement to the worker of all necessary job search expenses as prescribed by the Secretary in regulations. Such reimbursement under this subsection may not exceed $1,500 for any worker.
Relocation assistance authorized
In general
Any adversely affected worker covered by a certification issued under section 311 may file an application for relocation assistance with the Secretary, and the Secretary may grant the relocation assistance, subject to the terms and conditions of this subsection.
Conditions for granting assistance
Relocation assistance may be granted if all of the following terms and conditions are met:
Assist an adversely affected worker
The relocation assistance will assist an adversely affected worker in relocating within the United States.
Local employment not available
The Secretary determines that the worker cannot reasonably be expected to secure suitable employment in the commuting area in which the worker resides.
Total separation
The worker is totally separated from employment at the time relocation commences.
Suitable employment obtained
The worker—
has obtained suitable employment affording a reasonable expectation of long-term duration in the area in which the worker wishes to relocate; or
has obtained a bona fide offer of such employment.
Application
The worker filed an application with the Secretary at such time and in such manner as the Secretary shall specify by regulation.
Amount of assistance
Relocation assistance granted to a worker under paragraph (1) includes—
all reasonable and necessary expenses (including, subsistence and transportation expenses at levels not exceeding amounts prescribed by the Secretary in regulations) incurred in transporting the worker, the worker’s family, and household effects; and
a lump sum equivalent to 3 times the worker’s average weekly wage, up to a maximum payment of $1,500.
Limitations
Relocation assistance may not be granted to a worker unless—
the relocation occurs within 182 days after the filing of the application for relocation assistance; or
the relocation occurs within 182 days after the conclusion of training, if the worker entered a training program approved by the Secretary under subsection (b)(2).
Health insurance continuation
Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall prescribe regulations to provide, for the period in which an adversely affected worker is participating in a training program described in subsection (b)(2), 80 percent of the monthly premium of any health insurance coverage that an adversely affected worker was receiving from such worker’s employer prior to the separation from employment described in section 311(b), to be paid to any health care insurance plan designated by the adversely affected worker receiving assistance under this section.
General provisions
Agreements with States
In general
The Secretary is authorized on behalf of the United
States to enter into an agreement with any State, or with any State agency
(referred to in this section as cooperating States
and
cooperating State agencies
respectively). Under such an
agreement, the cooperating State or cooperating State agency—
as agent of the United States, shall receive applications for, and shall provide, payments on the basis provided in this part;
in accordance with paragraph (6), shall make available to adversely affected workers covered by a certification under section 311(d) the employment services described in section 312(b)(1);
shall make any certifications required under section 311(d); and
shall otherwise cooperate with the Secretary and with other State and Federal agencies in providing payments and services under this part.
Form and manner of data
Each agreement under this section shall—
provide the Secretary with the authority to collect any data the Secretary determines necessary to meet the requirements of this part; and
specify the form and manner in which any such data requested by the Secretary shall be reported.
Relationship to unemployment insurance
Each agreement under this section shall provide that an adversely affected worker receiving climate change adjustment assistance under this part shall not be eligible for unemployment insurance otherwise payable to such worker under the laws of the State.
Review
A determination by a cooperating State agency with respect to entitlement to program benefits under an agreement is subject to review in the same manner and to the same extent as determinations under the applicable State law and only in that manner and to that extent.
Coordination
Any agreement entered into under this section shall provide for the coordination of the administration of the provisions for employment services, training, and supplemental assistance under section 312 and under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) upon such terms and conditions as are established by the Secretary in consultation with the States and set forth in such agreement. Any agency of the State jointly administering such provisions under such agreement shall be considered to be a cooperating State agency for purposes of this part.
Responsibilities of cooperating agencies
Each cooperating State agency shall, in carrying out paragraph (1)(B)—
advise each worker who applies for unemployment insurance of the benefits under this part and the procedures and deadlines for applying for such benefits;
facilitate the early filing of petitions under section 311(a) for any workers that the agency considers are likely to be eligible for benefits under this part;
advise each adversely affected worker to apply for training under section 312(b) before, or at the same time, the worker applies for climate change adjustment assistance under section 312(a);
perform outreach to, intake of, and orientation for adversely affected workers and adversely affected incumbent workers covered by a certification under section 312(a) with respect to assistance and benefits available under this part;
make employment services described in section 312(b)(1) available to adversely affected workers and adversely affected incumbent workers covered by a certification under section 311(d) and, if funds provided to carry out this part are insufficient to make such services available, make arrangements to make such services available through other Federal programs; and
provide the benefits and reemployment services under this part in a manner that is necessary for the proper and efficient administration of this part, including the use of state agency personnel employed in accordance with a merit system of personnel administration standards, including—
making determinations of eligibility for, and payment of, climate change readjustment assistance and health care benefit replacement amounts;
developing recommendations regarding payments as a bridge to retirement and lump sum payments to pension plans in accordance with this subsection; and
the provision of reemployment services to eligible workers, including referral to training services.
Submission of certain information
In order to promote the coordination of workforce investment activities in each State with activities carried out under this part, any agreement entered into under this section shall provide that the State shall submit to the Secretary, in such form as the Secretary may require, the description and information described in paragraphs (8) and (14) of section 112(b) of the Workforce Investment Act of 1998 (29 U.S.C. 2822(b)) and a description of the State's rapid response activities under section 134(a)(2)(A) of that Act (29 U.S.C. 2864(a)(2)(A)).
Control measures
In general
The Secretary shall require each cooperating State and cooperating State agency to implement effective control measures and to effectively oversee the operation and administration of the climate change adjustment assistance program under this part, including by means of monitoring the operation of control measures to improve the accuracy and timeliness of the data being collected and reported.
Definition
For purposes of subparagraph (A), the term control measures means measures that—
are internal to a system used by a State to collect data; and
are designed to ensure the accuracy and verifiability of such data.
Data reporting
In general
Any agreement entered into under this section shall require the cooperating State or cooperating State agency to report to the Secretary on a quarterly basis comprehensive performance accountability data, to consist of—
the core indicators of performance described in subparagraph (B)(i);
the additional indicators of performance described in subparagraph (B)(ii), if any; and
a description of efforts made to improve outcomes for workers under the climate change adjustment assistance program.
Core indicators described
In general
The core indicators of performance described in this subparagraph are—
the percentage of workers receiving benefits under this part who are employed during the second calendar quarter following the calendar quarter in which the workers cease receiving such benefits;
the percentage of such workers who are employed in each of the third and fourth calendar quarters following the calendar quarter in which the workers cease receiving such benefits; and
the earnings of such workers in each of the third and fourth calendar quarters following the calendar quarter in which the workers cease receiving such benefits.
Additional indicators
The Secretary and a cooperating State or cooperating State agency may agree upon additional indicators of performance for the climate change adjustment assistance program under this part, as appropriate.
Standards with respect to reliability of data
In preparing the quarterly report required by subparagraph (A), each cooperating State or cooperating State agency shall establish procedures that are consistent with guidelines to be issued by the Secretary to ensure that the data reported are valid and reliable.
Verification of eligibility for program benefits
In general
An agreement under this section shall provide that the State shall periodically redetermine that a worker receiving benefits under this part who is not a citizen or national of the United States remains in a satisfactory immigration status. Once satisfactory immigration status has been initially verified through the immigration status verification system described in section 1137(d) of the Social Security Act (42 U.S.C. 1320b–7(d)) for purposes of establishing a worker's eligibility for unemployment compensation, the State shall reverify the worker’s immigration status if the documentation provided during initial verification will expire during the period in which that worker is potentially eligible to receive benefits under this part. The State shall conduct such redetermination in a timely manner, utilizing the immigration status verification system described in section 1137(d) of the Social Security Act (42 U.S.C. 1320b–7(d)).
Procedures
The Secretary shall establish procedures to ensure the uniform application by the States of the requirements of this paragraph.
Administration absent State agreement
In any State where there is no agreement in force between a State or its agency under subsection (a), the Secretary shall promulgate regulations for the performance of all necessary functions under section 312, including provision for a fair hearing for any worker whose application for payments is denied.
A final determination under paragraph (1) with respect to entitlement to program benefits under section 312 is subject to review by the courts in the same manner and to the same extent as is provided by section 205(g) of the Social Security Act (42 U.S.C. 405(g)).
Prohibition on contracting with private entities
Neither the Secretary nor a State may contract with any private for-profit or nonprofit entity for the administration of the climate change adjustment assistance program under this part.
Payment to the States
In general
The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each cooperating State the sums necessary to enable such State as agent of the United States to make payments provided for by this part.
Restriction
All money paid a State under this subsection shall be used solely for the purposes for which it is paid; and money so paid which is not used for such purposes shall be returned, at the time specified in the agreement under this section, to the Secretary of the Treasury.
Bonds
Any agreement under this section may require any officer or employee of the State certifying payments or disbursing funds under the agreement or otherwise participating in the performance of the agreement, to give a surety bond to the United States in such amount as the Secretary may deem necessary, and may provide for the payment of the cost of such bond from funds for carrying out the purposes of this part.
Labor standards
Prohibition on displacement
An individual in an apprenticeship program or on-the-job training program under this part shall not displace (including a partial displacement, such as a reduction in the hours of non-overtime work, wages, or employment benefits) any employed employee.
Prohibition on impairment of contracts
An apprenticeship program or on-the-job raining program under this Act shall not impair an existing contract for services or collective bargaining agreement, and no such activity that would be inconsistent with the terms of a collective bargaining agreement shall be undertaken without the written concurrence of the labor organization and employer concerned.
Additional standards
The Secretary, or a State acting under an agreement described in subsection (a) may pay the costs of on-the-job training, notwithstanding any other provision of this section, only if—
in the case of training which would be inconsistent with the terms of a collective bargaining agreement, the written concurrence of the labor organization concerned has been obtained;
the job for which such adversely affected worker is being trained is not being created in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals;
such training is not for the same occupation from which the worker was separated and with respect to which such worker’s group was certified pursuant to section 311(d);
the employer is provided reimbursement of not more than 50 percent of the wage rate of the participant, for the cost of providing the training and additional supervision related to the training; and
the employer has not received payment under with respect to any other on-the-job training provided by such employer which failed to meet the requirements of subparagraphs (A) through (D).
Definitions
As used in this part the following definitions apply:
The term adversely affected employment means employment at an employment site, if workers at such site are eligible to apply for adjustment assistance under this part.
The term adversely affected worker means an individual who has been totally or partially separated from employment and is eligible to apply for adjustment assistance under this part.
The term average weekly wage means 1/13 of the total wages paid to an individual in the quarter in which the individual’s total wages were highest among the first 4 of the last 5 completed calendar quarters immediately before the quarter in which occurs the week with respect to which the computation is made. Such week shall be the week in which total separation occurred, or, in cases where partial separation is claimed, an appropriate week, as defined in regulations prescribed by the Secretary.
The term average weekly hours means the average hours worked by the individual (excluding overtime) in the employment from which he has been or claims to have been separated in the 52 weeks (excluding weeks during which the individual was sick or on vacation) preceding the week specified in the last sentence of paragraph (4).
The term benefit period means, with respect to an individual—
the benefit year and any ensuing period, as determined under applicable State law, during which the individual is eligible for regular compensation, additional compensation, or extended compensation; or
the equivalent to such a benefit year or ensuing period provided for under the applicable Federal unemployment insurance law.
The term consumer goods manufacturing means the electrical equipment, appliance, and component manufacturing industry and transportation equipment manufacturing.
The term employment site means a single facility or site of employment.
The term energy-intensive manufacturing industries means all industrial sectors, entities, or groups of entities that meet the energy or greenhouse gas intensity criteria in section 763(b)(2)(A) of the Clean Air Act based on the most recent data available.
The term energy producing and transforming industries means the coal mining industry, oil and gas extraction, electricity power generation, transmission and distribution, and natural gas distribution.
The term on-the-job training means training provided by an employer to an individual who is employed by the employer.
The terms partial separation and partially separated refer, with respect to an individual who has not been totally separated, that such individual has had—
his or her hours of work reduced to 80 percent or less of his average weekly hours in adversely affected employment; and
his or her wages reduced to 80 percent or less of his average weekly wage in such adversely affected employment.
The term public agency means a department or agency of a State or political subdivision of a State or of the Federal Government.
The term Secretary means the Secretary of Labor.
The term service workers means workers supplying support or auxiliary services to an employment site.
The term State includes the District of Columbia and the Commonwealth of Puerto Rico: and the term United States when used in the geographical sense includes such Commonwealth.
The term State agency means the agency of the State which administers the State law.
The term State law means the unemployment insurance law of the State approved by the Secretary of Labor under section 3304 of the Internal Revenue Code of 1986.
The terms total separation and totally separated refer to the layoff or severance of an individual from employment with an employer in which adversely affected employment exists.
The term unemployment insurance means the unemployment compensation payable to an individual under any State law or Federal unemployment compensation law, including chapter 85 of title 5, United States Code, and the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.). The terms regular compensation, additional compensation, and extended compensation have the same respective meanings that are given them in section 205(2), (3), and (4) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note; Public Law 91–373).
The term week means a week as defined in the applicable State law.
The term week of unemployment means a week of total, part-total, or partial unemployment as determined under the applicable State law or Federal unemployment insurance law.
Special rule with respect to military service
In general
Notwithstanding any other provision of this part, the Secretary may waive any requirement of this part that the Secretary determines is necessary to ensure that an adversely affected worker who is a member of a reserve component of the Armed Forces and serves a period of duty described in paragraph (2) is eligible to receive climate change adjustment assistance, training, and other benefits under this part in the same manner and to the same extent as if the worker had not served the period of duty.
Period of duty described
An adversely affected worker serves a period of duty described in this paragraph if, before completing training under this part, the worker—
serves on active duty for a period of more than 30 days under a call or order to active duty of more than 30 days; or
in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, performs full-time National Guard duty under section 502(f) of title 32, United States Code, for 30 consecutive days or more when authorized by the President or the Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds.
Fraud and recovery of overpayments
Recovery of payments to which an individual was not entitled
If the Secretary or a court of competent jurisdiction determines that any person has received any payment under this part to which the individual was not entitled, such individual shall be liable to repay such amount to the Secretary, as the case may be, except that the Secretary shall waive such repayment if such agency or the Secretary determines that—
the payment was made without fault on the part of such individual; and
requiring such repayment would cause a financial hardship for the individual (or the individual’s household, if applicable) when taking into consideration the income and resources reasonably available to the individual (or household) and other ordinary living expenses of the individual (or household).
Means of recovery
Unless an overpayment is otherwise recovered, or waived under paragraph (1), the Secretary shall recover the overpayment by deductions from any sums payable to such person under this part, under any Federal unemployment compensation law or other Federal law administered by the Secretary which provides for the payment of assistance with respect to unemployment. Any amount recovered under this section shall be returned to the Treasury of the United States.
Penalties for fraud
Any person who—
makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, for the purpose of obtaining or increasing for that person or for any other person any payment authorized to be furnished under this part; or
makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, when providing information to the Secretary during an investigation of a petition under section 311(c);
Regulations
The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this part.
Study on older workers
The Secretary shall conduct a study examine the circumstances of older adversely affected workers and the ability of such workers to access their retirement benefits. The Secretary shall transmit a report to Congress not later than 2 years after the date of enactment of this Act on the findings of the study and the Secretary’s recommendations on how to ensure that adversely affected workers within 2 years of retirement are able to access their retirement benefits.
International climate change programs
Strategic Interagency Board on International Climate Investment
Establishment
In general
Not later than 90 days after the date of the enactment of
this Act, the President shall establish the Strategic Interagency Board
on International Climate Investment
(referred to in this subtitle as
the Board
).
Composition
The Board shall be composed of—
the Secretary of State;
the Administrator of United States Agency for International Development;
the Secretary of Energy;
the Secretary of the Treasury;
the Secretary of Commerce;
the Secretary of Agriculture;
the Administrator; and
such other relevant officials as the President may designate.
Duties
The duties of the Board shall include assessing, monitoring, and evaluating the progress and contributions of relevant departments and agencies of the Federal Government in supporting financing for international climate change activities.
Emission reductions from reduced deforestation
Title VII of the Clean Air Act (as amended by section 101 of division B) is amended by adding at the end the following:
Supplemental emission reductions
Definitions
In this part:
Administrator
The term Administrator means the Administrator of the United States Agency for International Development.
Deforestation
The term deforestation means a change in land use from a forest to any other land use.
Degradation
The term degradation, with respect to a forest, is any reduction in the carbon stock of a forest due to the impact of human land-use activities.
Emission reductions
The term emission reductions means greenhouse gas emission reductions achieved from reduced or avoided deforestation under this title.
Leakage prevention activities
The term leakage prevention activities means activities in developing countries that are directed at preserving existing forest carbon stocks, including forested wetlands and peatlands, that might, absent such activities, be lost through leakage.
Purposes
The purposes of this part are to provide United States assistance to developing countries—
to develop, implement and improve nationally appropriate greenhouse gas mitigation policies and actions that reduce deforestation and forest degradation or conserve or restore forest ecosystems, in a measurable, reportable, and verifiable manner; and
in a manner that is consistent with and enhances the implementation of complementary United States policies that support the good governance of forests, biodiversity conservation, and environmentally sustainable development, while taking local communities, most vulnerable populations and communities, particularly forest-dependent communities and indigenous peoples into consideration.
Emission reductions from reduced deforestation
In general
Not later than 2 years after the date of the enactment of this part, the Administrator, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, and the head of any other appropriate agency, shall establish a program to provide assistance to reduce greenhouse gas emissions from deforestation in developing countries, in accordance with this title.
Objectives
The objectives of the program established under this section shall be—
to reduce greenhouse gas emissions from deforestation in developing countries by at least 720,000,000 tons of carbon dioxide equivalent in 2020, and a cumulative quantity of at least 6,000,000,000 tons of carbon dioxide equivalent by December 31, 2025, with additional reductions in subsequent years;
to assist developing countries in preparing to participate in international markets for international offset credits for reduced emissions from deforestation; and
to preserve existing forest carbon stocks in countries where such forest carbon may be vulnerable to international leakage.
.
International Clean Energy Deployment Program
Purposes
The purposes of this section are—
to assist developing countries in activities that reduce, sequester, or avoid greenhouse gas emissions;
to encourage those
countries to shift toward low-carbon development, and promote a successful
global agreement under the United Nations Framework Convention on Climate
Change, done at New York on May 9, 1992 (or a successor agreement) (referred to
in this subtitle as the Convention
); and
to promote robust compliance with and enforcement of existing international legal requirements for the protection of intellectual property rights.
Establishment of International Clean Energy Deployment Program
Establishment
The Secretary of State, in consultation with an interagency group designated by the President, shall establish an International Clean Energy Deployment Program in accordance with this section.
Distribution of assistance
The Secretary of State, or the head of such other Federal agency as the President may designate, shall direct the distribution of funding to carry out the Clean Energy Technology Program—
in the form of bilateral assistance;
to multilateral funds or international institutions pursuant to the Convention or an agreement negotiated under the Convention; or
through a combination of the mechanisms identified under subparagraphs (A) and (B).
Determination of qualifying activities
Assistance under this subtitle may be provided only to qualifying entities for clean technology activities (including building relevant technical and institutional capacity) that contribute to substantial, measurable, reportable, and verifiable reductions, sequestration, or avoidance of greenhouse gas emissions.
International climate change adaptation and global security program
Purposes
The purposes of this section are—
to provide assistance to the most vulnerable developing countries, particularly to the most vulnerable communities and populations in those countries; and
to support the development and implementation of climate change adaptation programs in a way that protects and promotes interests of the United States, to the extent those interests may be advanced by minimizing, averting, or increasing resilience to climate change impacts.
International climate change adaptation and global security program
Establishment
The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, the Secretary of the Treasury, and the Administrator, shall establish an International Climate Change Adaptation and Global Security Program in accordance with this section.
Distribution of assistance
The Secretary of State, or the head of such other Federal agency as the President may designate, after consultation with the Secretary of the Treasury, the Administrator of the United States Agency for International Development, and the Administrator, shall direct the distribution of funding to carry out the International Climate Change Adaptation and Global Security Program—
in the form of bilateral assistance;
to multilateral funds or international institutions pursuant to the Convention or an agreement negotiated under the Convention; or
through a combination of the mechanisms identified under subparagraphs (A) and (B).
Evaluation and reports
Monitoring, evaluation, and enforcement
The Board shall establish and implement a system to monitor and evaluate the effectiveness and efficiency of assistance provided under this subtitle by including evaluation criteria, such as performance indicators.
Reports and review
Annual report
Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Board shall submit to the appropriate committees of Congress a report that describes—
the steps Federal agencies have taken, and the progress made, toward accomplishing the objectives of this section; and
the ramifications of any potentially destabilizing impacts climate change may have on the interests of the United States.
Reviews
Not later than 3 years after the date of enactment of this Act, and triennially thereafter, the Board, in cooperation with the National Academy of Sciences and other appropriate research and development institutions, shall—
review the global needs and opportunities for climate change investment in developing countries; and
submit to Congress a report that describes the findings of the review.
Report on climate actions of major economies
In general
The Secretary of State, in cooperation with the Board, shall prepare an interagency report on climate change and energy policy of the 5 countries that, of the countries that are not members of the Organisation for Economic Co-Operation and Development, emit the greatest annual quantity of greenhouse gases.
Purposes
The purposes of the report shall be—
to provide to Congress and the public of the United States—
a better understanding of the actions the countries described in subsection (a) are taking to reduce greenhouse gas emissions; and
an assessment of the climate change and energy policy commitments and actions of those countries; and
to identify the means by which the United States can assist those countries in achieving such a reduction.
Submission to Congress
Not later than 15 months after the date of enactment of this Act, the Secretary of State shall submit to the appropriate committees of Congress the report prepared under this section.
Adapting to climate change
Domestic adaptation
National Climate Change Adaptation Program
National Climate Change Adaptation Program
The President shall establish within the United States Global Change Research Program a National Climate Change Adaptation Program for the purpose of increasing the overall effectiveness of Federal climate change adaptation efforts.
Climate services
The Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration (NOAA), shall establish within NOAA a National Climate Service to develop climate information, data, forecasts, and warnings at national and regional scales, and to distribute information related to climate impacts to State, local, and tribal governments and the public to facilitate the development and implementation of strategies to reduce society’s vulnerability to climate variability and change.
Public health and climate change
Sense of Congress on public health and climate change
It is the sense of the Congress that the Federal Government, in cooperation with international, State, tribal, and local governments, Indian tribes, concerned public and private organizations, and citizens, should use all practicable means and measures—
to assist the efforts of public health and health care professionals, first responders, States, Indian tribes, municipalities, and local communities to incorporate measures to prepare health systems to respond to the impacts of climate change;
to ensure—
that the Nation’s health professionals have sufficient information to prepare for and respond to the adverse health impacts of climate change;
the utility and value of scientific research in advancing understanding of—
the health impacts of climate change; and
strategies to prepare for and respond to the health impacts of climate change;
the identification of communities vulnerable to the health effects of climate change and the development of strategic response plans to be carried out by health professionals for those communities;
the improvement of health status and health equity through efforts to prepare for and respond to climate change; and
the inclusion of health policy in the development of climate change responses;
to encourage further research, interdisciplinary partnership, and collaboration among stakeholders in order to—
understand and monitor the health impacts of climate change; and
improve public health knowledge and response strategies to climate change;
to enhance preparedness activities, and public health infrastructure, relating to climate change and health;
to encourage each and every American to learn about the impacts of climate change on health; and
to assist the efforts of developing nations to incorporate measures to prepare health systems to respond to the impacts of climate change.
Relationship to other laws
Nothing in this subpart in any manner limits the authority provided to or responsibility conferred on any Federal department or agency by any provision of any law (including regulations) or authorizes any violation of any provision of any law (including regulations), including any health, energy, environmental, transportation, or any other law or regulation.
National strategic action plan
Requirement
In general
The Secretary of Health and Human Services, within 2 years after the date of the enactment of this Act, on the basis of the best available science, and in consultation pursuant to paragraph (2), shall publish a strategic action plan to assist health professionals in preparing for and responding to the impacts of climate change on public health in the United States and other nations, particularly developing nations.
Consultation
In developing or making any revision to the national strategic action plan, the Secretary shall—
consult with the Director of the Centers for Disease Control and Prevention, the Administrator of the Environmental Protection Agency, the Director of the National Institutes of Health, the Director of the Indian Health Service, the Secretary of Energy, other appropriate Federal agencies, Indian tribes, State and local governments, public health organizations, scientists, and other interested stakeholders; and
provide opportunity for public input.
Contents
In general
The Secretary shall assist health professionals in preparing for and responding effectively and efficiently to the health effects of climate change through measures including—
developing, improving, integrating, and maintaining domestic and international disease surveillance systems and monitoring capacity to respond to health-related effects of climate change, including on topics addressing—
water, food, and vector borne infectious diseases and climate change;
pulmonary effects, including responses to aeroallergens;
cardiovascular effects, including impacts of temperature extremes;
air pollution health effects, including heightened sensitivity to air pollution;
hazardous algal blooms;
mental and behavioral health impacts of climate change;
the health of refugees, displaced persons, and vulnerable communities;
the implications for communities vulnerable to health effects of climate change, as well as strategies for responding to climate change within these communities; and
local and community-based health interventions for climate-related health impacts;
creating tools for predicting and monitoring the public health effects of climate change on the international, national, regional, State, tribal, and local levels, and providing technical support to assist in their implementation;
developing public health communications strategies and interventions for extreme weather events and disaster response situations;
identifying and prioritizing communities and populations vulnerable to the health effects of climate change, and determining actions and communication strategies that should be taken to inform and protect these communities and populations from the health effects of climate change;
developing health communication, public education, and outreach programs aimed at public health and health care professionals, as well as the general public, to promote preparedness and response strategies relating to climate change and public health, including the identification of greenhouse gas reduction behaviors that are health-promoting; and
developing academic and regional centers of excellence devoted to—
researching relationships between climate change and health;
expanding and training the public health workforce to strengthen the capacity of such workforce to respond to and prepare for the health effects of climate change;
creating and supporting academic fellowships focusing on the health effects of climate change; and
training senior health ministry officials from developing nations to strengthen the capacity of such nations to—
prepare for and respond to the health effects of climate change; and
build an international network of public health professionals with the necessary climate change knowledge base;
using techniques, including health impact assessments, to assess various climate change public health preparedness and response strategies on international, national, State, regional, tribal, and local levels, and make recommendations as to those strategies that best protect the public health;
assisting in the development, implementation, and support of State, regional, tribal, and local preparedness, communication, and response plans (including with respect to the health departments of such entities) to anticipate and reduce the health threats of climate change; and
pursuing collaborative efforts to develop, integrate, and implement such plans;
creating a program to advance research as it relates to the effects of climate change on public health across Federal agencies, including research to—
identify and assess climate change health effects preparedness and response strategies;
prioritize critical public health infrastructure projects related to potential climate change impacts that affect public health; and
coordinate preparedness for climate change health impacts, including the development of modeling and forecasting tools;
providing technical assistance for the development, implementation, and support of preparedness and response plans to anticipate and reduce the health threats of climate change in developing nations; and
carrying out other activities determined appropriate by the Secretary to plan for and respond to the impacts of climate change on public health.
Revision
The Secretary shall revise the national strategic action plan not later than July 1, 2014, and every 4 years thereafter, to reflect new information collected pursuant to implementation of the national strategic action plan and otherwise, including information on—
the status of critical environmental health parameters and related human health impacts;
the impacts of climate change on public health; and
advances in the development of strategies for preparing for and responding to the impacts of climate change on public health.
Implementation
Implementation through HHS
The Secretary shall exercise the Secretary’s authority under this subpart and other provisions of Federal law to achieve the goals and measures of the national strategic action plan.
Other public health programs and initiatives
The Secretary and Federal officials of other relevant Federal agencies shall administer public health programs and initiatives authorized by provisions of law other than this subpart, subject to the requirements of such statutes, in a manner designed to achieve the goals of the national strategic action plan.
Specific activities
In furtherance of the national strategic action plan, the Secretary shall—
conduct scientific research to assist health professionals in preparing for and responding to the impacts of climate change on public health; and
provide funding for—
research on the health effects of climate change; and
preparedness planning on the international, national, State, tribal, regional, and local levels to respond to or reduce the burden of health effects of climate change; and
carry out other activities determined appropriate by the Secretary to prepare for and respond to the impacts of climate change on public health.
Advisory board
Establishment
The Secretary shall establish a permanent science advisory board comprised of not less than 10 and not more than 20 members.
Appointment of members
The Secretary shall appoint the members of the science advisory board from among individuals—
who have expertise in public health and human services, climate change, and other relevant disciplines; and
at least 1/2 of whom are recommended by the President of the National Academy of Sciences.
Functions
The science advisory board shall—
provide scientific and technical advice and recommendations to the Secretary on the domestic and international impacts of climate change on public health, populations and regions particularly vulnerable to the effects of climate change, and strategies and mechanisms to prepare for and respond to the impacts of climate change on public health; and
advise the Secretary regarding the best science available for purposes of issuing the national strategic action plan.
Reports
Needs assessment
In general
The Secretary shall seek to enter into, by not later than 6 months after the date of the enactment of this Act, an agreement with the National Research Council and the Institute of Medicine to complete a report that—
assesses the needs for health professionals to prepare for and respond to climate change impacts on public health; and
recommends programs to meet those needs.
Submission
The agreement under paragraph (1) shall require the completed report to be submitted to the Congress and the Secretary and made publicly available not later than 1 year after the date of the agreement.
Climate change health protection and promotion reports
In general
The Secretary, in consultation with the advisory board established under section 354, shall ensure the issuance of reports to aid health professionals in preparing for and responding to the adverse health effects of climate change that—
review scientific developments on health impacts of climate change; and
recommend changes to the national strategic action plan.
Submission
The Secretary shall submit the reports required by paragraph (1) to the Congress and make such reports publicly available not later than July 1, 2013, and every 4 years thereafter.
Definitions
In this subpart:
Health impact assessment
The term health impact assessment means a combination of procedures, methods, and tools by which a policy, program, or project may be judged as to its potential effects on the health of a population, and the distribution of those effects within the population.
National strategic action plan
The term national strategic action plan means the plan issued and revised under section 353.
Secretary
Unless otherwise specified, the term Secretary means the Secretary of Health and Human Services.
Climate change safeguards for natural resources conservation
Purposes
The purposes of this subpart are—
to establish an integrated Federal program that responds to ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire, by protecting, restoring, and conserving the natural resources of the United States; and
to provide financial support and incentives for programs, strategies, and activities that respond to threats of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire, by protecting, restoring, and conserving the natural resources of the United States.
Natural resources climate change adaptation policy
It is the policy of the Federal Government, in cooperation with State and local governments, Indian tribes, and other interested stakeholders, to use all practicable means to protect, restore, and conserve natural resources so that natural resources become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire.
Definitions
In this subpart:
Account
The term Account means the Natural Resources Climate Change Adaption Account established by section 370(a).
Administrators
The term Administrators means—
the Administrator of the National Oceanic and Atmospheric Administration; and
the Director of the United States Geological Survey.
Board
The term Board means the Science Advisory Board established by section 367(f)(1).
Center
The term Center means the National Climate Change and Wildlife Science Center described by section 367(e)(1).
Coastal state
The term coastal State has the meaning given
the term coastal state
in section 304 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453).
Corridors
The term corridors means areas that—
provide connectivity, over different time scales, of habitats or potential habitats; and
facilitate terrestrial, marine, estuarine, and freshwater fish, wildlife, or plant movement necessary for migration, gene flow, or dispersal, or to respond to the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire.
Ecological processes
The term ecological processes means biological, chemical, or physical interaction between the biotic and abiotic components of an ecosystem, including—
nutrient cycling;
pollination;
predator-prey relationships;
soil formation;
gene flow;
disease epizootiology;
larval dispersal and settlement;
hydrological cycling;
decomposition; and
disturbance regimes, such as fire and flooding.
Habitat
The term habitat means the physical, chemical, and biological properties that fish, wildlife, or plants use for growth, reproduction, survival, food, water, or cover (whether on land, in water, or in an area or region).
Indian tribe
The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
Natural resources
The term natural resources means land, wildlife, fish, air, water, estuaries, plants, habitats, and ecosystems of the United States.
Natural resources adaptation
The term natural resources adaptation means the protection, restoration, and conservation of natural resources so that natural resources become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire.
Panel
The term Panel means the Natural Resources Climate Change Adaptation Panel established under section 365(a).
Resilience; resilient
The terms resilience and resilient mean—
the ability to resist or recover from disturbance; and
the ability to preserve diversity, productivity, and sustainability.
State
The term State means—
a State of the United States;
the District of Columbia;
American Samoa;
Guam;
the Commonwealth of the Northern Mariana Islands;
the Commonwealth of Puerto Rico; and
the United States Virgin Islands.
Strategy
The term Strategy means the Natural Resources Climate Change Adaptation Strategy developed under section 366(a).
Council on Environmental Quality
The Chair of the Council on Environmental Quality shall—
advise the President on implementing and developing—
the Strategy; and
the Federal natural resource agency adaptation plans required by section 368;
serve as the Chair of the Panel established under section 365; and
coordinate Federal agency strategies, plans, programs, and activities relating to protecting, restoring, and maintaining natural resources so that natural resources become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change.
Natural Resources Climate Change Adaptation Panel
Establishment
Not later than 90 days after the date of enactment of this Act, the President shall establish a Natural Resources Climate Change Adaptation Panel.
Duties
The Panel shall serve as a forum for interagency consultation on, and the coordination of, the development and implementation of the Strategy.
Membership
The Panel shall be composed of—
the Administrator of the National Oceanic and Atmospheric Administration (or a designee);
the Chief of the Forest Service (or a designee);
the Director of the National Park Service (or a designee);
the Director of the United States Fish and Wildlife Service (or a designee);
the Director of the Bureau of Land Management (or a designee);
the Director of the United States Geological Survey (or a designee);
the Commissioner of Reclamation (or a designee);
the Director of the Bureau of Indian Affairs (or a designee);
the Administrator of the Environmental Protection Agency (or a designee);
the Chief of Engineers (or a designee);
the Chair of the Council on Environmental Quality (or a designee);
the Administrator of the Federal Emergency Management Agency (or a designee); and
the heads of such other Federal agencies or departments with jurisdiction over natural resources of the United States, as determined by the President.
Chairperson
The Chair of the Council on Environmental Quality shall serve as the Chairperson of the Panel.
Natural Resources Climate Change Adaptation Strategy
In general
Not later than 1 year after the date of enactment of this Act, the Panel shall develop a Natural Resources Climate Change Adaptation Strategy—
to protect, restore, and conserve natural resources so that natural resources become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change; and
to identify opportunities to mitigate the ongoing and expected impacts of climate change.
Development
In developing and revising the Strategy, the Panel shall—
base the strategy on the best available science;
develop the strategy in close cooperation with States and Indian tribes;
coordinate with other Federal agencies, as appropriate;
consult with local governments, conservation organizations, scientists, and other interested stakeholders; and
provide public notice and opportunity for comment.
Revision
After the Panel adopts the initial Strategy, the Panel shall review and revise the Strategy every 5 years to incorporate—
new information regarding the ongoing and expected impacts of climate change on natural resources; and
new advances in the development of strategies that make natural resources more resilient or able to adapt to the ongoing and expected impacts of climate change.
Contents
The Strategy shall—
assess the vulnerability of natural resources to climate change, including short-term, medium-term, long-term, cumulative, and synergistic impacts;
describe current research, observation, and monitoring activities at the Federal, State, tribal, and local level related to the ongoing and expected impacts of climate change on natural resources;
identify and prioritize research and data needs;
identify natural resources likely to have the greatest need for protection, restoration, and conservation due to the ongoing and expanding impacts of climate change;
include specific protocols for integrating natural resources adaptation strategies and activities into the conservation and management of natural resources by Federal departments and agencies to ensure consistency across agency jurisdictions;
include specific actions that Federal departments and agencies shall take to protect, conserve, and restore natural resources to become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change, including a timeline to implement those actions;
include specific mechanisms for ensuring communication and coordination—
among Federal departments and agencies; and
between Federal departments and agencies and State natural resource agencies, United States territories, Indian tribes, private landowners, conservation organizations, and other countries that share jurisdiction over natural resources with the United States;
include specific actions to develop and implement consistent natural resources inventory and monitoring protocols through interagency coordination and collaboration; and
include procedures for guiding the development of detailed agency- and department-specific adaptation plans required under section 368.
Implementation
Consistent with other laws and Federal trust responsibilities concerning Indian land, each Federal department or agency represented on the Panel shall integrate the elements of the Strategy that relate to conservation, restoration, and management of natural resources into agency plans, environmental reviews, programs, and activities.
Natural resources adaptation science and information
Coordination
Not later than 90 days after the date of enactment of this Act, the Administrators shall establish coordinated procedures for developing and providing science and information necessary to address the ongoing and expected impacts of climate change on natural resources.
Oversight
The National Climate Change and Wildlife Science Center established under subsection (e) and the National Climate Service of the National Oceanic and Atmospheric Administration shall oversee development of the procedures.
Functions
The Administrators shall—
ensure that the procedures required under subsection (a) avoid duplication; and
ensure that the National Oceanic and Atmospheric Administration and the United States Geological Survey—
provide technical assistance to Federal departments and agencies, State and local governments, Indian tribes, and interested private landowners that are pursuing the goals of addressing the ongoing and expected impacts of climate change on natural resources;
conduct and sponsor research to develop strategies that increase the ability of natural resources to become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change;
provide Federal departments and agencies, State and local governments, Indian tribes, and interested private landowners with research products, decision and monitoring tools, and information to develop strategies that increase the ability of natural resources to become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change; and
assist Federal departments and agencies in the development of adaptation plans required by section 368.
Survey
Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, the Secretary of Commerce and the Secretary of the Interior shall conduct a climate change impact survey that—
identifies natural resources considered likely to be adversely affected by climate change;
includes baseline monitoring and ongoing trend analysis;
with input from stakeholders, identifies and prioritizes necessary monitoring and research that is most relevant to the needs of natural resource managers to address the ongoing and expected impacts of climate change and to promote resilience; and
identifies the decision tools necessary to develop strategies that increase the ability of natural resources to become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change.
National Climate Change and Wildlife Science Center
Establishment
The Secretary of the Interior shall establish the National Climate Change and Wildlife Science Center within the United States Geological Survey.
Functions
In collaboration with Federal and State natural resources agencies and departments, Indian tribes, universities, and other partner organizations, the Center shall—
assess and synthesize current physical and biological knowledge;
prioritize scientific gaps in such knowledge in order to forecast the ecological impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire on fish and wildlife at the ecosystem, habitat, community, population, and species levels;
develop and improve tools to identify, evaluate, and link scientific approaches and models that forecast the impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire on fish, wildlife, plants, and associated habitats, including—
monitoring;
predictive models;
vulnerability analyses;
risk assessments; and
decision support systems that help managers make informed decisions;
develop and evaluate tools to adaptively manage and monitor the effects of climate change (including tools for the collection of data) on fish and wildlife on the national, regional, and local level; and
develop capacities for sharing standardized data and the synthesis of the data described in subparagraph (D).
Science Advisory Board
Establishment
Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce and the Secretary of the Interior shall establish and appoint the members of the Science Advisory Board.
Membership
The Board shall be comprised of not fewer than 10 and not more than 20 members—
who have expertise in fish, wildlife, plant, aquatic, and coastal and marine biology, ecology, climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire, and other relevant scientific disciplines;
who represent a balanced membership among Federal, State, tribal, and local representatives, universities, and conservation organizations; and
at least ½ of whom are recommended by the President of the National Academy of Sciences.
Duties
The Board shall—
advise the Secretary of Commerce and the Secretary of the Interior on the state of the science regarding—
the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire on natural resources; and
scientific strategies and mechanisms for protecting, restoring, and conserving natural resources so natural resources become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire; and
identify and recommend priorities for ongoing research needs on the issues described in subparagraph (A).
Collaboration
The Board shall collaborate with climate change and ecosystem research entities in other Federal agencies and departments.
Availability to public
The advice and recommendations of the Board shall be made available to the public.
Federal natural resource agency adaptation plans
Development
Not later than 1 year after the date of development of the Strategy, each department or agency with representation on the Panel shall—
complete an adaptation plan for that department or agency that—
implements the Strategy and is consistent with the natural resources climate change adaptation policy required by section 362;
details the ongoing and expanding actions of the department or agency, and any changes in decisionmaking processes necessary to increase the ability of resources under the jurisdiction of the department or agency and, to the maximum extent practicable, resources under the jurisdiction of other departments and agencies that may be significantly affected by decisions of the department or agency, to become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire; and
includes a timeline for implementation;
provide opportunities for public review and comment on the adaptation plan, and in the case of a plan by the Bureau of Indian Affairs, review by Indian tribes; and
submit the plan to the President for approval.
Review by President and submission to Congress
Review by President
The President shall—
approve an adaptation plan submitted under subsection (a)(3) if the plan meets the requirements of subsection (c) and is consistent with the Strategy; and
decide whether to approve the plan within 60 days of submission.
Disapproval
If the President disapproves an adaptation plan, the President shall direct the department or agency to submit a revised plan within 60 days of that disapproval.
Submission to Congress
Not later than 30 days after the date of approval of an adaptation plan by the President, the department or agency shall submit the plan to—
the Committee on Natural Resources of the House of Representatives;
the Committee on Energy and Natural Resources of the Senate;
the Committee on Environment and Public Works of the Senate; and
any other committees of the House of Representatives or the Senate with principal jurisdiction over the department or agency.
Requirements
Each adaptation plan shall—
establish programs for assessing the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire on natural resources under the jurisdiction of the department or agency preparing the plan, including—
assessment of cumulative and synergistic effects; and
programs that identify and monitor natural resources likely to be adversely affected and that have need for conservation;
identify and prioritize—
the strategies of the department or agency preparing the plan;
the specific conservation actions that address the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire on natural resources under jurisdiction of the department or agency preparing the plan;
strategies to protect, restore, and conserve such resources to become more resilient, adapt to, and better withstand those impacts, including—
protection, restoration, and conservation of terrestrial, marine, estuarine, and freshwater habitats and ecosystems;
establishment of terrestrial, marine, estuarine, and freshwater habitat linkages and corridors;
restoration and conservation of ecological processes;
protection of a broad diversity of native species of fish, wildlife, and plant populations across the ranges of those species; and
protection of fish, wildlife, and plant health, recognizing that climate can alter the distribution and ecology of parasites, pathogens, and vectors;
describe how the department or agency will—
integrate the strategies and conservation activities into plans, programs, activities, and actions of the department or agency relating to the conservation and management of natural resources; and
establish new plans, programs, activities, and actions, if necessary;
establish methods—
to assess the effectiveness of strategies and conservation actions the department or agency takes to protect, restore, and conserve natural resources so natural resources become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change; and
to update those strategies and actions to respond to new information and changing conditions;
describe current and proposed mechanisms to enhance cooperation and coordination of natural resources adaptation efforts with other Federal agencies, State and local governments, Indian tribes, and nongovernmental stakeholders;
include written guidance to resource managers that—
explains how managers are expected to address the ongoing and expected effects of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire;
identifies how managers shall obtain any necessary site-specific information; and
reflects best practices shared among relevant agencies, but recognizes the unique missions, objectives, and responsibilities of each agency;
identify and assess data and information gaps necessary to develop natural resources adaptation plans and strategies; and
consider strategies that engage youth and young adults (including youth and young adults working in full-time or part-time youth service or conservation corps programs) to provide the youth and young adults with opportunities for meaningful conservation and community service and to encourage opportunities for employment in the private sector through partnerships with employers.
Implementation
In general
Upon approval by the President, each department or agency with representation on the Panel shall, consistent with existing authority, implement the adaptation plan of the department or agency through existing and new plans, policies, programs, activities, and actions.
Consideration of impacts
In general
To the maximum extent practicable and consistent with existing authority, natural resource management decisions made by the department or agency shall—
consider the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, nd wildfire on natural resources; and
choose alternatives that will avoid and minimize those impacts and promote resilience.
Guidance
The Council on Environmental Quality shall provide guidance for Federal departments and agencies considering those impacts and choosing alternatives that will avoid and minimize those impacts and promote resilience.
Revision and review
Not less than every 5 years, each department or agency shall review and revise the adaptation plan of the department or agency to incorporate the best available science, and other information, regarding the ongoing and expected impacts of climate change on natural resources.
State natural resources adaptation plans
Requirement
In order to be eligible for funds under section 370, not later than 1 year after the development of the Strategy, each State shall prepare a State natural resources adaptation plan detailing current and future efforts of the State to address the ongoing and expected impacts of climate change on natural resources and coastal areas within the jurisdiction of the State.
Review or approval
In general
The Secretary of the Interior and, as applicable, the Secretary of Commerce shall review each State adaptation plan, and approve the plan if the plan—
meets the requirements of subsection (c); and
is consistent with the Strategy.
Approval or disapproval
The Secretary of the Interior and, as applicable, the Secretary of Commerce shall approve or disapprove the plan by written notice not later than 180 days after the date of submission of the plan (or a revised plan).
Resubmission
Not later than 90 days after the date of resubmission of an adaptation plan that has been disapproved under paragraph (2), the Secretary of the Interior and, as applicable, the Secretary of Commerce, shall approve or disapprove the plan by written notice.
Contents
A State natural resources adaptation plan shall—
include strategies for addressing the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire on terrestrial, marine, estuarine, and freshwater fish, wildlife, plants, habitats, ecosystems, wildlife health, and ecological processes that—
describe the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire on the diversity and health of fish, wildlife and plant populations, habitats, ecosystems, and associated ecological processes;
establish programs for monitoring the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire on fish, wildlife, and plant populations, habitats, ecosystems, and associated ecological processes;
describe and prioritize proposed conservation actions that increase the ability of fish, wildlife, plant populations, habitats, ecosystems, and associated ecological processes to become more resilient, adapt to, and better withstand those impacts;
consider strategies that engage youth and young adults (including youth and young adults working in full-time or part-time youth service or conservation corps programs) to provide the youth and young adults with opportunities for meaningful conservation and community service and to encourage opportunities for employment in the private sector through partnerships with employers;
integrate protection and restoration of resource resilience into agency decision making and specific conservation actions;
include a time frame for implementing conservation actions for fish, wildlife, and plant populations, habitats, ecosystems, and associated ecological processes;
establish methods—