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Order Code RL32955
Climate Change Legislation in the 109th Congress
Updated January 3, 2007
Brent D. Yacobucci
Specialist in Energy Policy
Resources, Science, and Industry Division
Climate Change Legislation in the 109th Congress
Summary
Climate change and greenhouse gas (GHG) emissions were issues in the 109th
Congress, as they had been in past Congresses. Bills directly addressing climate
change issues ranged from those focused primarily on climate change research to
comprehensive emissions cap-and-trade programs for the six greenhouse gases
covered under the United Nations Framework Convention on Climate Change.
Additional bills focused on GHG reporting and registries, or on power plant
emissions of carbon dioxide, as part of wider controls on pollutant emissions.
Within several broad categories, the bills varied in their approaches to climate
change issues. For example, some bills covering research issues focused solely on
modeling the effects of future climate change, whereas others addressed the
development of monitoring technologies. Bills focusing on technology deployment
did so through tax incentives and credit-based programs within the United States or
by promoting deployment in developing countries. Bills with greenhouse gas
registries were either voluntary or mandatory and varied in the entities covered and
the gases registered. Bills with emission reduction requirements also varied in the
entities covered, the gases limited, and the target emissions levels.
Most notably, on August 8, 2005, President Bush signed the Energy Policy Act
of 2005 (P.L. 109-58, H.R. 6). Among other provisions, Title XVI of the bill
established programs to promote the development and deployment of technologies
to reduce greenhouse gas intensity.
This report briefly discusses the basic concepts on which these bills were based
and compares major provisions of the bills in each of the following categories:
climate change research, technology deployment, GHG reporting and registries, and
emissions reduction programs.
Contents
Energy Bill Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Climate Change Research Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Deployment of Greenhouse Gas Reduction Technology . . . . . . . . . . . . . . . . 3
GHG Reporting and Registry Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
GHG Emission-Reduction Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Carbon Dioxide Reduction Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Comprehensive GHG Emissions Reductions . . . . . . . . . . . . . . . . . . . . 6
Safety Valve Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Comparison of Emissions Reduction Bills . . . . . . . . . . . . . . . . . . . . . . . . . . 7
List of Tables
Table 1. Market-Based Greenhouse Gas Emission Caps . . . . . . . . . . . . . . . . . . . . 7
Appendix 1. Climate Change Bills in the 109th Congress . . . . . . . . . . . . . . . . . . 10
Appendix 2. Key Provisions of Climate Change Legislation in the
109th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Climate Change Legislation
in the 109th Congress
Climate change is viewed as a global issue, but proposed responses generally
require action at the national level. In 1992, the United States ratified the United
Nations' Framework Convention on Climate Change (UNFCCC), which called on
industrialized countries to take the lead in making voluntary efforts to reduce
greenhouse gases.1 Over the past 15 years, a variety of voluntary and regulatory
actions have been proposed or undertaken in the United States, including monitoring
of utility carbon dioxide emissions, improved appliance efficiency, and incentives for
developing renewable energy sources. In 2001, President George W. Bush rejected
the Kyoto Protocol to the UNFCCC, which called for legally binding commitments
by developed countries to reduce their greenhouse gas emissions. Instead, the Bush
Administration has focused on reducing the greenhouse gas intensity2 of the U.S.
economy. In the meantime, some states and local governments, as well as private
entities, have taken actions to reduce emissions and limit the potential impacts of
climate change. In light of these actions, a number of bills were introduced in
Congress to address climate change.
In the 109th Congress, numerous bills were introduced that directly or indirectly
address climate change. Several bills addressed the climate change issue directly,
either through emissions limits, incentives for reductions, or research and information
gathering on climate change and greenhouse gas emissions mitigation. This report
describes and compares bills that directly addressed climate change, as opposed to
those that addressed other issues but could have had ancillary impacts (e.g., energy
efficiency and conservation). Topics covered by these bills fall into four major
categories: (1) those that would have promoted research on the effects of climate
change and on methods to measure and predict climate change; (2) those that would
have created incentives for the deployment of emission-reducing technologies in the
United States or other countries; (3) those that would have established greenhouse
gas (GHG) monitoring systems as a basis for research or for any potential reduction
program; and (4) those that would have established market-based programs to
directly limit greenhouse gas emissions. These categories are not mutually exclusive,
and several bills addressed more than one of the above categories. The major
provisions of these bills are categorized in Appendix 1 and summarized in
Appendix 2.
1
Under the United Nations Framework Convention on Climate Change (UNFCCC),
greenhouse gases include carbon dioxide (CO2, the most ubiquitous and primary greenhouse
gas), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons
(PFCs), and sulfur hexafluorane (SF6). Some other greenhouse gases are controlled under
the Montreal Protocol on Substances That Deplete the Ozone Layer.
2
Greenhouse gas intensity is a measure of the amount of carbon dioxide (or equivalent)
emitted per unit of gross domestic product.
CRS-2
In several cases, bill sponsors introduced modified versions of their climate
change bills. For the purposes of the discussion below, it is assumed that the newest
version supersedes earlier versions. These bills include S. 1151 for S. 342 (McCain);
S. 883 for S. 386 (Hagel); S. 887 for S. 388 (Hagel); and S. 1203 for S. 387 (Hagel).
Energy Bill Amendments
On August 8, 2005, President Bush signed the Energy Policy Act of 2005 (P.L.
109-58). Title XVI established a voluntary national program designed to accelerate
demonstration and deployment of less-carbon-intensive technology to encourage
voluntary reductions in greenhouse gases. The title attempts to support actions
focused on reducing U.S. carbon intensity (the ratio of greenhouse gas emissions per
unit of gross domestic product). The program would not establish a requirement to
reduce emissions. This title also establishes a program to encourage exports of
carbon intensity-reducing technologies to developing countries.
As part of the Senate debate over the Energy Policy Act of 2005, several
amendments on climate change were offered. S.Amdt. 817, which inserted a new
Title XVI in the bill, incorporated language from S. 883 and S. 887. This
amendment was agreed to on a 66-29 vote. These provisions are similar to those
included in the final version of the bill. The House version of the bill did not
expressly address climate change issues.
Not included in the final law was Section 1612 of the Senate bill (S.Amdt. 866),
which expressed the Sense of the Senate that human activities are a substantial cause
of greenhouse gas accumulation in the atmosphere, causing average temperatures to
rise. Further, the resolution stated that "Congress should enact a comprehensive and
effective national program of mandatory market-based limits and incentives on
emissions of greenhouse gases that slow, stop, and reverse the growth of such
emissions at a rate and in a manner that -- (1) will not significantly harm the United
States economy; and (2) will encourage comparable action by other nations that are
major trading partners and key contributors to global emissions." This was the first
Sense of the Senate resolution on climate change since S.Res. 98 in 1997, which
voiced concern over the economic effects of emissions limits and the sense that
developing countries must participate in meaningful action to control emissions.
Similar to S.Amdt. 866, S.J.Res. 5 also urged U.S. action on climate change, but this
resolution saw no action after being referred to committee.
The Senate also debated whether to adopt S.Amdt. 826, which contained
language similar to S. 1151. This amendment would have established a mandatory
cap-and-trade system to limit greenhouse gas emissions from covered entities to year
2000 levels by 2010. This amendment was rejected on a 38-60 vote.
Climate Change Research Bills
Global climate change is a complex issue. While most scientists agree that the
climate is changing in response to greenhouse gas (GHG) emissions, uncertainties
concerning the causes and the effects of climate change remain and are a continuing
CRS-3
subject of extensive scientific research.3 Further, research is ongoing into
technologies to improve efficiency, reduce fossil fuel consumption, and sequester
carbon dioxide emissions.
Research Bills. One bill in the 109th Congress, S. 245 (Collins), focused
solely on climate change research.4 It called for the development and testing of
climate change models based on historic climatic changes, and to incorporate
nonlinear aspects of geophysical systems that could lead to abrupt changes in climate.
Research Provisions in Broader Bills. Several bills included climate
change research provisions as part of a broader climate change legislation.
Specifically, research in S. 1151, S. 3698, S. 4039, H.R. 759, and H.R. 2828 would
have focused on abrupt climate change research and new climate change
measurement technologies. H.R. 5049 would have established a new Advanced
Research Projects Agency within the Department of Energy.
Deployment of Greenhouse Gas Reduction Technology
In the 109th Congress, several bills would have promoted the deployment and
diffusion of technologies to reduce greenhouse gas emissions, either as part of
broader legislation to limit greenhouse gases, or as stand-alone legislation.
Deployment strategies included tax incentives for investment in technologies to
improve efficiency and/or lower emissions and grants, loans, and other incentives for
technology transfer to developing countries. S. 1203 (Hagel) and H.R. 6417
(Meehan) would have established tax incentives for investment in technologies to
reduce greenhouse gas intensity. S. 745 (Byrd), S. 883 (Hagel), S. 1151 (McCain),
and S. 3698 (Jeffords) would have established grant and loan programs to deploy
technologies in developing countries that have been developed or demonstrated in
the United States. S. 887 (Hagel) would establish a credit-based deployment
program for technologies to reduce greenhouse gas intensity; support would include
direct loans, loan guarantees, lines of credit, and production incentive payments. The
final version of H.R. 6 incorporates language similar to S. 883 and S. 887. H.R. 2828
(Inslee) provides a wide array of incentives for improvements in energy efficiency
and other strategies that would reduce greenhouse gas emissions. S. 4039 (Kerry)
includes several provisions to either mandate or establish incentives for various low-
emission technologies.
In addition to the above bills on technology deployment, ยง585(b) of the FY2006
Foreign Operations Appropriation Act (P.L. 109-102) required the President to
submit a report on federal agency expenditures (foreign and domestic) on climate
change activities. The act specifically required a report on U.S. Agency for
International Development funding for climate change activities in developing
3
For more information on the science and policy of Global Climate Change, see CRS
Report RL33602, Global Climate Change: Major Scientific and Policy Issues, by John R.
Justus and Susan R. Fletcher.
4
This report does not include bills with other focuses that also had research components
related to climate change (particularly sequestration, renewable energy, and energy
efficiency).
CRS-4
countries, including technology deployment. In April 2006, the White House
submitted to Congress a report titled Federal Climate Change Expenditures Report
to Congress.5
GHG Reporting and Registry Bills
Under the UNFCCC, the United States annually publishes reports on its GHG
emissions.6 The United States Environmental Protection Agency (EPA) does this
reporting using various techniques (e.g., fuel analysis for CO2). The three dominant
sources of GHG emissions are electricity generation (33.1%), transportation (26.9%),
and industry (19%).7 At the national level, most electric utilities must report their
GHG emissions pursuant to the 1990 Clean Air Act, but there is no overall national
GHG reporting requirement. However, some states also gather data through
voluntary or mandatory GHG emissions reporting mechanisms.8
H.R. 955 (Olver) focused primarily on expanding emissions reporting to include
a broad array of sources. All entities that emit more than 10,000 metric tons of
carbon dioxide equivalent would have been required to report their emissions, except
that farms were exempt. Further, manufacturers and importers of automobiles and
Department of Energy-listed products9 would have been required to report the
emissions from their products. The purpose of the bill was to promote greenhouse
gas reductions and to generate accurate emissions data that can be used by public and
private entities for various purposes.
In addition to H.R. 955, which focused solely on GHG reporting, several other
bills would have required emissions monitoring and reporting as part of a program
to reduce emissions of carbon dioxide or of all greenhouse gases. These emissions
reductions efforts are discussed in the following section. S. 150 (Jeffords), S. 730
(Leahy), H.R. 1451 (Waxman), and H.R. 1873 (Bass) would have required electricity
producers to report their carbon dioxide emissions in order to determine compliance
with carbon dioxide caps. S. 1151 (McCain), H.R. 759 (Gilchrest), and H.R. 2828
(Inslee) would have required major emitters of all six greenhouse gases to report their
emissions; the bills required reporting from entities that emit more than 10,000
metric tons (11,000 tons) of carbon dioxide equivalent. H.R. 5049 (Udall, T.) would
have required all fossil fuel suppliers to report the amount of greenhouse gases that
will result from combustion of the fuel supplied. S. 4039 (Kerry) would have
5
Available at [http://www.whitehouse.gov/omb/legislative/fy07_climate_change.pdf]
6
For more information, see CRS Report 98-235, Global Climate Change: U.S. Greenhouse
Gas Emissions -- Status, Trends, and Projections, by John Blodgett and Larry Parker.
7
U.S. Environmental Protection Agency, U.S. GHG Emissions and Sinks 1990-2001, p.
ES-6. Additional sources are agriculture (7.6%), commerce (7.2%), and residential
activities (5.4%).
8
For more information, see Pew Center on Global Climate Change, Climate Change
Activities in the United States: 2004 Update, Arlington, VA, 2004.
9
Defined as any product for which the Department of Energy has promulgated final
regulations for energy efficiency, energy conservation, maximum energy use, or energy
consumption.
CRS-5
required reporting from all major sources as defined by Section 169A of the Clean
Air Act.
GHG Emission-Reduction Bills
The United States has no federal GHG reduction requirements, though there
have been proposals to require such reductions. These proposals include "command
and control" regulations on emissions, GHG emission taxes, and market-based
techniques to limit emissions. The latter, market-based programs typically take as
their model the Clean Air Act's acid rain program.10
In the 109th Congress, bills were introduced that would have established market-
based caps on GHG emissions. These bills are compared in Table 1. Three bills, S.
1151 (McCain), H.R. 759 (Gilchrest), and H.R. 2828 (Inslee), would have capped the
emissions of the six greenhouse gases specified in the United Nations' Framework
Convention on Climate Change. Five other bills, S. 150 (Jeffords), S. 730 (Leahy),
S. 2724 (Carper), H.R. 1451 (Waxman), and H.R. 1873 (Bass), would have focused
on reducing carbon dioxide from electric utilities. Each of these bills would have
used market-based trading mechanisms to limit GHG emissions. Cap-and-trade
programs set strict limits on specific emissions from a particular group of sources,
allowing individual sources to trade reductions. This flexibility in who makes
reductions can lead to lower costs. In an efficient market, entities that face relatively
low emission-reduction costs could achieve extra emission reductions. These entities
could then sell their unused allowances to entities that face higher emission-reduction
costs. An entity facing higher costs could purchase allowances that would allow it
to emit more than its initial emissions allotment would otherwise permit. It should
be noted that in all cases, total U.S. emissions may decrease or increase depending
on the entities covered, the greenhouse gases controlled, and the emissions trading
schemes.
Another market-based option is to require tradeable emissions permits, but
establish a "safety valve" price. In this scenario, if the market value of a permit
exceeds a set price -- the safety valve -- covered entities can purchase an unlimited
number of permits from the government. In this way, the overall price to covered
entities -- and the economy -- is limited, but specific emission reduction targets may
not be reached. H.R. 5049 (Udall, T.) would have established a such a system.
Carbon Dioxide Reduction Bills. As shown in Table 1, S. 150, S. 730,
H.R. 1451, and H.R. 1873 focused on electric utility emissions. These "multi-
pollutant" bills would have limited emissions of carbon dioxide, along with other air
10
The acid rain program caps emissions from each source, but allows sources to exceed their
caps if they purchase credits from sources that achieve emissions reductions beyond those
required.
CRS-6
pollutants.11 (See Table 1.) In all four cases, carbon dioxide emissions limitations
would have started in 2010.12
Comprehensive GHG Emissions Reductions. Unlike other bills
proposed in the 109th Congress, the Climate Stewardship Act of 2005 (H.R. 759), the
New Apollo Energy Act of 2005 (H.R. 2828), and the Climate Stewardship and
Innovation Act of 2005 (S. 1151) focused on achieving market-driven reductions in
all six greenhouse gases (see Table 1). The legislation applied to entities in the
electricity, transportation, industry, and commercial sectors that emit over 10,000
metric tons (11,000 tons) of greenhouse gases per year. Starting in 2010, the bills
would have capped total GHG emissions from all these sources at 6.5 billion tons
(CO2 equivalent emissions), reduced by the amount of CO2 (equivalent emissions)
from non-covered entities in the year 2000. The bills would also have established a
formula for allocating GHG emissions allowances, and a climate change credit
corporation to manage allowance trading. Language similar to S. 1151 was offered
as an amendment on the Senate floor to H.R. 6. This amendment was rejected on a
38-60 vote.
In addition to establishing caps on all six greenhouse gases, the above bills
would have supported climate change research and established a GHG emissions
inventory (see above). The bills also included a requirement that the Administrator
of the EPA establish a national GHG database, and develop methods and standards
to measure and verify GHG emissions.
The Safe Climate Act of 2006 (H.R. 5642), the Global Warming Pollution Act
(S. 3698), and the Global Warming Reduction Act of 2006 (S. 4039) would have
granted EPA broad authority to establish regulations such that total greenhouse gas
emissions are reduced to 80% (65% in the case of H.R. 4039) below 1990 levels by
2050. These bills did not designate covered entities or required reduction levels for
specific sectors, but would have left those decisions to EPA's discretion.
Safety Valve Bills. The Keep America Competitive Global Warming Policy
Act of 2006 (H.R. 5049) would have established a system of allowances for fossil
fuel suppliers and a safety valve of $25 per ton of carbon, indexed to inflation.
11
S. 131 (Inhofe) and H.R. 227 (Sweeny) would also establish a cap-and-trade program for
nitrogen oxides, sulfur dioxide, and mercury from utilities. However, the bills do not
address carbon dioxide emissions.
12
For more information on multi-pollutant bills, see CRS Report RL32755, Air Quality:
Multi-Pollutant Legislation in the 109th Congress, by Larry Parker and John Blodgett.
CRS-7
Comparison of Emissions Reduction Bills
Table 1. Market-Based Greenhouse Gas Emission Caps
S. 1151 (McCain), H.R. 759 H.R. 1451 H.R. 1873 S. 2724
S. 150 (Jeffords) S. 730 (Leahy)
(Gilchrest), H.R. 2828 (Inslee) (Waxman) (Bass) (Carper)
Covered sources Any fossil fuel-fired Any electric power, industrial, All electricity Any fossil fuel- Any fossil Any fossil fuel-
electric generating or commercial entity that emits generating fired electric fuel-fired fired electric
facility that has a over 10,000 metric tons of CO2 facilities in the generating electric generating
capacity of greater equivalent/year; any refiner or United States. facility that has a generating facility that has a
than 15 megawatts, importer of petroleum products capacity of facility that has capacity of
generates electricity for transportation use that when greater than 15 a capacity of greater than 25
for sale, and emits a combusted will emit over megawatts and greater than 25 megawatts and
covered pollutant into 10,000 metric tons of CO2 generates megawatts and generates
the air. equivalent/year; and, any electricity for generates electricity for
importer or producer of HFCs, sale. electricity for sale.
PFCs or SF6 that, when used, sale.
will emit over 10,000 metric
tons of CO2 equivalent/year.
Covered One GHG: carbon All six GHGs. One GHG: CO2; One GHG: CO2; One GHG: One GHG: CO2;
pollutants dioxide; other other pollutants: other pollutants: CO2; other other pollutants:
Pollutants: sulfur sulfur dioxide, sulfur dioxide, pollutants: sulfur dioxide,
dioxide, nitrogen nitrogen oxides, nitrogen oxides, sulfur dioxide, nitrogen oxides,
oxides, and mercury. and mercury. and mercury. nitrogen and mercury.
oxides, and
mercury.
CRS-8
S. 1151 (McCain), H.R. 759 H.R. 1451 H.R. 1873 S. 2724
S. 150 (Jeffords) S. 730 (Leahy)
(Gilchrest), H.R. 2828 (Inslee) (Waxman) (Bass) (Carper)
Emissions cap Utility CO2 emissions 6.5 billion tons of CO2 Utility CO2 Utility CO2 Estimated at Estimated at 2.65
limited to 2.05 billion equivalent per year beginning in emissions emission cap 2.46 billion billion tons in
tons per yeara 2010 for all covered entities limited to 2.05 estimated at 1.94 tons in 2010, 2010, declining
beginning in 2010. taken together. billion tons per billion tons per declining to to 2.45 billion
year beginning in year beginning in 2.38 billion tons in 2015.
2010. 2010. tons in 2015.
Implementation Tradeable allowance Tradeable allowance system. Absolute caps on To be Tradeable Tradeable
Strategy system. Allowances EPA is directed to determine mercury determined by allowance allowance
allocated to various allocations based on several emissions, no EPA -- market system for all system varies by
sectors and interests, economic and equity criteria, trading permitted mechanisms pollutants; pollutant. For
including households, including efficiency and impact between facilities permitted (except allocations CO2, allocations
dislocated workers on consumers. Allowances are at different sites. for mercury). based on based on historic
and communities, to be allocated upstream to Implementation historic electricity
electricity-intensive refiners and importers of strategy for other electricity output. CO2
industries, affected transportation fuel, along with pollutants to be output. program includes
utilities, energy producers of HFCs, PFCs, and determined by CO2 program allowance
efficiency and SF6; downstream to electric EPA. includes allocations for
renewable energy generation, industrial, and allowance incremental
activities, and commercial entities. allocations for nuclear capacity
sequestration incremental and renewable
activities. nuclear energy, along
capacity and with
renewable sequestration and
energy. early action
provisions.
CRS-9
S. 1151 (McCain), H.R. 759 H.R. 1451 H.R. 1873 S. 2724
S. 150 (Jeffords) S. 730 (Leahy)
(Gilchrest), H.R. 2828 (Inslee) (Waxman) (Bass) (Carper)
Percentage -7.5% -5% -7.5% -9.5% -0.8% -0.8%
change in CO2
emissions v.
business as usual
by 2010b
Percentage +24.2% +27.7% +24.2% +21.7% +32.2% +32.2%
change inCO2
emissions v. 1990
levels (UNFCCC
baseline year)b
Penalties for Same as Clean Air Excess emission penalty equal To be To be $100 per $100 per excess
noncompliance Act, title IV except to three times the market price determined by determined by excess ton plus ton plus
that the excess for allowances on the last day of EPA. EPA. one-for-one one-for-one
emission penalty is the year at issue. offset from offset from
three times the future future emissions
average market price emissions allocations.
for allowances. allocations.
a. S. 150 would further limit the number of emission allowances in a given year by the number of tons emitted two years prior by small electricity generating facilities, and by any
number required to protect the public health, welfare, or the environment.
b. CRS calculations based on projections contained in the UNFCCC Secretariat's 2002 Climate Action Report. Available at [http://yosemite.epa.gov/oar/globalwarming.nsf/
content/ResourceCenterPublicationsUSClimateActionReport.html]. For more information, see CRS Report RL32755, Air Quality: Multi-Pollutant Legislation in the 109th
Congress, by Larry Parker and John Blodgett.
CRS-10
Appendix 1. Climate Change Bills in the 109th Congress
Emissions
Caps and
Multi- Allowance
Climate Change Technology GHG Reporting Pollutant Trading for
Bill(s) and Short Title(s) Research Deployment and Registry Bill all GHGs
ENACTED LAW
H.R. 6, P.L. 109-58
X
Energy Policy Act of 2005
SENATE BILLS
S. 150 (Jeffords)
X X
The Clean Power Act of 2005
S. 245 (Collins)
X
Abrupt Climate Change Research Act of 2005
S. 730 (Leahy)
X X
Mercury Emission Act of 2005
S. 745 (Byrd)
International Clean Energy Deployment and Global Energy Markets X
Investment Act of 2005
S. 883 (Hagel)
Climate Change Technology Deployment in Developing Countries Act of X
2005
CRS-11
Emissions
Caps and
Multi- Allowance
Climate Change Technology GHG Reporting Pollutant Trading for
Bill(s) and Short Title(s) Research Deployment and Registry Bill all GHGs
S. 887 (Hagel)
Climate Change Technology Deployment and Infrastructure Credit Act X
of 2005
S. 1151 (McCain)
X X X X
Climate Stewardship and Innovation Act of 2005
S. 1203 (Hagel)
X
Climate Change Technology Tax Incentives Act of 2005
S. 2724 (Carper)
X X
Clean Air Planning Act of 2006
S. 3698 (Jeffords)
X X X X
Global Warming Pollution Reduction Act
S. 4039 (Kerry)
X X X X
Global Warming Reduction Act of 2006
S. 342* (McCain)
X X X
Climate Stewardship Act of 2005
S. 386* (Hagel)
Climate Change Technology Deployment in Developing Countries Act of X
2005
S. 387* (Hagel)
X
Climate Change Technology Tax Incentives Act of 2005
CRS-12
Emissions
Caps and
Multi- Allowance
Climate Change Technology GHG Reporting Pollutant Trading for
Bill(s) and Short Title(s) Research Deployment and Registry Bill all GHGs
S. 388* (Hagel)
Climate Change Technology Deployment and Infrastructure Credit Act X X
of 2005
* Superseded by newer version
HOUSE BILLS
H.R. 759 (Gilchrest)
X X X
Climate Stewardship Act of 2005
H.R. 955 (Olver)
X
National Greenhouse Gas Emissions Inventory Act of 2005
H.R. 1451 (Waxman)
X X
Clean Smokestacks Act of 2005
H.R. 1873 (Bass)
X X
Clean Air Planning Act of 2005
H.R. 2828 (Inslee)
X X X X
New Apollo Energy Act of 2005
H.R. 5049 (Udall, T.)
X X X
Keep America Competitive Global Warming Policy Act of 2006
H.R. 5642 (Waxman)
X X
Safe Climate Act of 2006
CRS-13
Emissions
Caps and
Multi- Allowance
Climate Change Technology GHG Reporting Pollutant Trading for
Bill(s) and Short Title(s) Research Deployment and Registry Bill all GHGs
H.R. 6417 (Meehan)
X
Climate Change Investment Act of 2006
CRS-14
Appendix 2. Key Provisions of Climate Change Legislation in the 109th Congress
Bill No. Sponsor Major Actions Key Provisions
ENACTED LAW
H.R. 6, P.L. Barton Introduced April 18, 2005; passed House April Omnibus energy bill addressing various climate- and non-climate related topics.
109-58 21, 2005; passed Senate June 28, 2005; Among other provisions, establishes loans, loan guarantees, etc. to deploy
technology for greenhouse gas intensity reduction (similar language to S. 887);
conference report file July 27, 2005; agreed to in
House July 28; agreed to in Senate July 29; requires the Secretary of State to provide assistance to developing countries on
signed into law August 8, 2005. projects to reduce greenhouse gas intensity; establishes an export initiative for
greenhouse gas reduction technology (similar language to S. 883)
SENATE BILLS
S. 150 Jeffords Introduced January 25, 2005; referred to Senate Would have amended the Clean Air Act to require the Administrator of the
Environment and Public Works. Environmental Protection Agency to promulgate regulations to achieve specified
reductions in emissions of sulfur dioxide, nitrogen oxides, carbon dioxide and
mercury from certain electric generation facilities by January 1, 2010.
S. 245 Collins Introduced February 1, 2005; referred to Senate Would have established within the Department of Commerce a research program
Commerce, Science, and Transportation. on abrupt climate change.
S. 730 Leahy Introduced April 6, 2005; referred to Senate Would have amended the Clean Air Act to require the Administrator of the
Environment and Public Works. Environmental Protection Agency to promulgate regulations to achieve specified
reductions in emissions of sulfur dioxide, nitrogen oxides, carbon dioxide and
mercury from certain electric generation facilities by January 1, 2010.
S. 745 Byrd Introduced April 11, 2005; referred to Senate Would have established within the Department of State a program to assist
Foreign Relations. developing countries in the demonstration and deployment of emission reduction
technologies.
CRS-15
Bill No. Sponsor Major Actions Key Provisions
S. 883 Hagel Introduced April 21, 2005; referred to Senate Would have required the Secretary of State to provide assistance to developing
Foreign Relations -- see also H.R. 6 (Senate countries on projects to reduce greenhouse gas intensity; would have established
Version) an export initiative for greenhouse gas reduction technology.
S. 887 Hagel Introduced April 21, 2005; referred to Senate Would have established loans, loan guarantees, etc. to deploy technology for
Energy and Natural Resources -- see also H.R. greenhouse gas intensity reduction.
6 (Senate Version)
S. 1151 McCain Introduced May 25, 2005; referred to Senate Would have required any entity that emits more than 10,000 metric tons of
Environment and Public Works. greenhouse gases (CO2 equivalent) to reduce emissions to year 2000 levels by
2010. Would have allowed: tradeable credits for reductions beyond those
required, reductions from non-covered entities, increases in carbon sequestration,
and emissions reductions in other countries. Would have promoted innovation
on mitigation technologies and would have established incentives for technology
deployment.
S. 1203 Hagel Introduced June 8, 2005; referred to Senate Would have established tax credits for investment in technologies to reduce
Finance. greenhouse gas intensity; also provides tax incentives for nuclear technologies.
S. 2724 Carper Introduced May 4, 2006; referred to Senate Would have amended the Clean Air Act to require the Administrator of the
Environment and Public Works. Environmental Protection Agency to promulgate regulations to achieve specified
reductions in emissions carbon dioxide and pollutants from certain electric
generation facilities by 2010 (2007 for nitrogen oxides).
S. 3698 Jeffords Introduced July 20, 2006; referred to Senate Would have amended the Clean Air Act to require the Administrator of the
Environment and Public Works. Environmental Protection Agency to promulgate regulations to achieve an 80%
reduction in greenhouse gas emissions below 1990 levels by 2050; would have
established efficiency and/or emissions standards for various sectors; would have
promoted research and development
CRS-16
Bill No. Sponsor Major Actions Key Provisions
S. 4039 Kerry Introduced September 29, 2006; referred to Would have established a mandatory cap-and-trade program beginning in 2010
Senate Finance to reduce annual emissions by a set percentage each year so that annual
emissions are 65% below year 2000 levels by 2050. Would have established
research and development; greenhouse gas standards for passenger vehicles.
S. 342* McCain Introduced February 10, 2005; referred to Would have required any entity that emits more than 10,000 metric tons of
Senate Environment and Public Works. greenhouse gases (CO2 equivalent) to reduce emissions to year 2000 levels by
2010. Would have allowed tradeable credits for reductions beyond those
required, reductions from non-covered entities, increases in carbon sequestration,
and emissions reductions in other countries.
S. 386* Hagel Introduced February 15, 2005; referred to Would have required the Secretary of State to provide assistance to developing
Senate Foreign Relations. countries on projects to reduce greenhouse gas intensity; would have established
an export initiative for greenhouse gas reduction technology.
S. 387* Hagel Introduced February 15, 2005; referred to Would have established tax credits for investment in technologies to reduce
Senate Finance. greenhouse gas intensity; also would have provided tax incentives for clean coal
and nuclear technologies.
S. 388* Hagel Introduced February 15, 2005; referred to Would have established loans, loan guarantees, etc. to deploy technology for
Senate Energy and Natural Resources. greenhouse gas intensity reduction; would have established a voluntary national
greenhouse gas registry.
*Superseded by newer version
CRS-17
Bill No. Sponsor Major Actions Key Provisions
HOUSE BILLS
H.R. 759 Gilchrest Introduced February 10, 2005; referred to House Would have required any entity that emits more than 10,000 metric tons of
Science, and House Energy and Commerce. greenhouse gases (CO2 equivalent) to reduce emissions to year 2000 levels by
2010. Would have allowed: tradeable credits for reductions beyond those
required, reductions from non-covered entities, increases in carbon sequestration,
and emissions reductions in other countries.
H.R. 955 Olver Introduced February 17, 2005; referred to House Would have required EPA to establish a GHG emissions information system to
Energy and Commerce. collect information submitted regarding an entity's GHG emissions. Would have
established mandatory registry for entities that emit more than 10,000 metric
tons of carbon dioxide equivalent.
H.R. 1451 Waxman Introduced March 17, 2005; referred to House Would have amended the Clean Air Act to require the Administrator of the
Energy and Commerce. Environmental Protection Agency to promulgate regulations to achieve specified
reductions in emissions of carbon dioxide and pollutants from certain electric
generation facilities by 2010.
H.R. 1873 Bass Introduced April 27, 2005; referred to House Would have amended the Clean Air Act to require the Administrator of the
Energy and Commerce. Environmental Protection Agency to promulgate regulations to achieve specified
reductions in emissions carbon dioxide and pollutants from certain electric
generation facilities by 2010 (2009 for nitrogen oxides).
H.R. 2828 Inslee Introduced June 8, 2005; referred to House Omnibus energy bill addressing various climate- and non-climate related topics.
Energy and Commerce, among other Among other provisions, would have required any entity that emits more than
committees. 10,000 metric tons of greenhouse gases (CO2 equivalent) to reduce emissions to
year 2000 levels by 2010. Would have allowed tradeable credits for reductions
beyond those required, reductions from non-covered entities, increases in carbon
sequestration, and emissions reductions in other countries.
CRS-18
Bill No. Sponsor Major Actions Key Provisions
H.R. 5049 Udall, T. Introduced May 24, 2006; referred to House Would have established a system of tradeable allowances for greenhouse gas
Energy and Commerce, among other emissions from fossil fuel supply and combustion, with a maximum "safety
committees. valve" price of $25 per ton of carbon, adjusted for inflation. Would have
established an Advanced Research Projects Agency within the Department of
Energy.
H.R. 5642 Waxman Introduced June 20, 2006; referred to House Would have amended the Clean Air Act to require the Administrator of the
Energy and Commerce, among other Environmental Protection Agency to promulgate regulations to achieve an 80%
committees. reduction in greenhouse gas emissions below 1990 levels by 2050.
H.R. 6417 Meehan Introduced December 7, 2006; referred to House Among other provisions, would have established a tax credit for investment in
Ways and Means technologies to reduce greenhouse gas intensity.
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For other versions of this document, see http://wikileaks.org/wiki/CRS-RL32955