For other versions of this document, see http://wikileaks.org/wiki/CRS-RL34067 ------------------------------------------------------------------------------ Order Code RL34067 Climate Change Legislation in the 110th Congress Updated November 7, 2008 Jonathan L. Ramseur Analyst in Environmental Policy Resources, Science, and Industry Division Brent D. Yacobucci Specialist in Energy and Environmental Policy Resources, Science, and Industry Division Climate Change Legislation in the 110th Congress Summary Congressional interest in climate change legislation has grown in recent years. In the 110th Congress, Members have introduced numerous bills that directly address various aspects of climate change. These bills cover a wide spectrum, ranging from climate change research to comprehensive greenhouse gas (GHG) emissions cap-and- trade programs. As of the date of this report, Congress has enacted six broader pieces of legislation that -- among many other non-climate-related provisions -- address climate change in some fashion: P.L. 110-140 expands the carbon capture research and development program, requires a national assessment of geologic storage capacity for CO2, and supports technologies for the large-scale capture of CO2 from industrial sources. The act also establishes an Office of Climate Change and the Environment to coordinate research and implement strategies to address climate change-related transportation issues. P.L. 110-161 directs the Environmental Protection Agency (EPA) to develop regulations that establish a mandatory GHG reporting program that applies "above appropriate thresholds in all sectors of the economy." P.L. 110-181 directs the Department of Defense (DOD) to assess the risks of projected climate change to the department's facilities, capabilities, and missions. P.L. 110-229 requires the Secretary of Energy, when reviewing research and development activities for possible inclusion in the steel research and development initiative, to expand the plan in order to consider among steel project priorities the development of technologies that reduce GHG emissions. P.L. 110-246 directs the Department of Agriculture (USDA) to establish technical guidelines to "measure the environmental services benefits from conservation and land management activities in order to facilitate the participation of farmers, ranchers, and forest landowners in emerging environmental services markets." USDA is to give priority to carbon markets. P.L. 110-343 provides a tax credit for select (geologic) carbon sequestration activities. In addition, the National Academy of Sciences (NAS) is "to identify the types of and specific tax provisions that have the largest effects on carbon and other greenhouse gas emissions and to estimate the magnitude of those effects." NAS is to report its findings to Congress by October 3, 2010. This report briefly discusses the basic concepts on which climate change bills are based, and compares major provisions of the bills in each of the following categories: climate change research; emissions reduction technologies; U.S. actions pursuant to international emission reduction agreements; adaptation to the effects of climate change; GHG reporting and registration; and GHG emissions reduction programs. Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Climate Change Research and Studies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Deployment of Greenhouse Gas Reduction Technology . . . . . . . . . . . . . . . . 3 International Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Adaptation Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Greenhouse Gas Reporting and Registry Bills . . . . . . . . . . . . . . . . . . . . . . . . 4 Greenhouse Gas Emission Reduction Bills . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Sector-Specific Reduction Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Comprehensive GHG Emissions Reductions . . . . . . . . . . . . . . . . . . . . 6 List of Tables Appendix A. Major Focus Areas of Climate Change Bills and Enacted Legislation in the 110th Congress . . . . . . . . . . . . . . . . . . . . . . . 7 Appendix B. Key Provisions of Climate Change Legislation in the 110th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Climate Change Legislation in the 110th Congress Introduction In the 110th Congress, Members have introduced numerous bills that would directly or indirectly address climate change. This report describes and compares bills that directly address climate change, as opposed to those that primarily address other issues (e.g., energy efficiency and conservation) but could have ancillary impacts on climate.1 In some cases, it is difficult to draw a line between direct and indirect climate change bills, because a specific bill or action may seek to achieve multiple objectives. This report focuses on legislative actions -- including comprehensive bills with individual climate change titles or sections -- that explicitly address climate change issues. These bills fall into six major categories: (1) research on the causes and effects of climate change and on methods to measure and predict climate change; (2) deployment of emission-reducing technologies in the United States or other countries; (3) requirements for U.S. participation in international climate agreements; (4) investments in systems to adapt to changes in climate; (5) establishment of greenhouse gas (GHG) monitoring systems as a basis for research or for any potential reduction program; and (6) implementation of mandatory GHG emission reduction programs. These categories are not mutually exclusive, and several bills address more than one of the above categories. There has been considerable interest in climate change issues in the 110th Congress. As of the date of this report, Members have introduced more than 100 bills that would directly address climate change issues. Congress has enacted six legislation proposals that address climate change to some degree: ! P.L. 110-140: The President signed the Energy Independence and Security Act of 2007 December 19, 2007. Among other provisions, some of which indirectly address GHG emissions, this act amends the Energy Policy Act of 2005 to expand the carbon capture research and development program. It also directs the Department of the Interior to conduct a national assessment of geologic storage capacity for carbon dioxide (CO2), and instructs the Department of Energy to implement a program to demonstrate technologies for the 1 Congressional resolutions that address climate change-related issues, but do not directly call for action on greenhouse gas emissions, are likewise not included in this report. CRS-2 large-scale capture of CO2 from industrial sources of CO2.2 In addition, the act establishes within the Department of Transportation an Office of Climate Change and the Environment to coordinate research and implement strategies to address transportation issues associated with climate change. ! P.L. 110-161: The President signed the Consolidated Appropriations Act of 2008 into law December 26, 2007. Among other provisions, this statute directs EPA to promulgate regulations that require mandatory reporting of GHG emissions "above appropriate thresholds in all sectors of the economy." The act directs EPA to develop the proposed rule by September 2008 and the final rule by June 2009. In addition, the act instructs NOAA to work with the National Academy of Sciences to establish a Climate Change Study Committee that will study climate change issues and make recommendations regarding climate change mitigation strategies. ! P.L. 110-181: On January 28, 2008, the President signed the National Defense Authorization Act for Fiscal Year 2008. In addition to many non-climate related provisions, the act directs the Department of Defense to assess the risks of projected climate change to the department's facilities, capabilities, and missions. ! P.L. 110-229: On May 8, 2008, the President signed the Consolidated Natural Resources Act of 2008. Among other provisions, the act requires the Secretary of Energy, when reviewing research and development activities for possible inclusion in the steel research and development initiative, to expand the plan in order to consider among steel project priorities the development of technologies that reduce GHG emissions. ! P.L. 110-246: On June 18, 2008, Congress enacted (overriding the President's veto) the Food, Conservation, and Energy Act.3 Among many other provisions, the act (Section 2709) directs the Department of Agriculture (USDA) to establish technical guidelines to "measure the environmental services benefits from conservation and land management activities in order to facilitate the participation of farmers, ranchers, and forest landowners in emerging environmental services markets." USDA is to give priority to carbon markets.4 ! P.L. 110-343: On October 3, 2008, the President signed the Emergency Economic Stabilization Act of 2008. Among many other 2 See CRS Report RL33801, Carbon Capture and Sequestration (CCS), by Peter Folger. 3 The legislative proposals that led to P.L. 110-246 are not included in the appendixes of this report. For more information, see CRS Report RL34696, The 2008 Farm Bill: Major Provisions and Legislative Action, coordinated by Renee Johnson. 4 See CRS Report RL34042, Environmental Services Markets in the 2008 Farm Bill, by Renee Johnson. CRS-3 provisions, the legislation provides a tax credit for select (geologic) carbon sequestration activities. In addition, the act directs the Department of Treasury to enter into an agreement with the National Academy of Sciences (NAS) to "undertake a comprehensive review of the Internal Revenue Code of 1986 to identify the types of and specific tax provisions that have the largest effects on carbon and other greenhouse gas emissions and to estimate the magnitude of those effects." NAS is to report its findings to Congress by October 3, 2010. In addition to enacted legislation, the House and Senate have passed several bills. Numerous bills have been reported out of committees. These bills address a range of climate change topics. These topics are discussed briefly below. Appendix A categorizes the bills and enacted legislation by the topics discussed below. Appendix B provides a brief summary of each bill's provisions and status in the legislative process. Climate Change Research and Studies Global climate change is a complex issue. While most scientists agree that the climate is changing in response to GHG emissions, uncertainties concerning the causes and effects of climate change remain and are a continuing subject of extensive scientific research.5 These uncertainties include the potential effects on natural systems, as well as effects on social and political systems. Further, research is ongoing regarding technologies that improve efficiency, reduce fossil fuel consumption, and capture and store carbon dioxide (CO2) emissions. Deployment of Greenhouse Gas Reduction Technology One approach to addressing climate change is to promote the deployment and diffusion of technologies to reduce GHG emissions, such as carbon capture and storage (or sequestration). Within the legislative proposals, there are different methods of promoting technology deployment. One deployment strategy may involve tax incentives for investment in technologies to improve efficiency and/or lower emissions. Other deployment strategies would provide grants, loans, and other incentives for technology transfer to developing countries. In the 110th Congress, some bills deal solely with technology deployment through tax incentives for lower-carbon technology or grants to develop and deploy carbon capture and sequestration, or through requirements that the federal government use technology with lower emissions. Other bills that create mandatory GHG reduction programs also include technology deployment as one component. 5 For more information on the science and policy of global climate change, see CRS Report RL33849, Climate Change: Science and Policy Implications, by Jane A. Leggett. CRS-4 International Agreements The United States ratified the United Nations Framework Convention on Climate Change (UNFCCC) in 1992. Five years later, the United States signed the convention's Kyoto Protocol, but it was never submitted to the Senate for ratification.6 In 2001, President George W. Bush rejected the Kyoto Protocol and withdrew the United States from subsequent negotiations. Since that time, the United States has entered into other cooperative agreements, including the Asia- Pacific Partnership on Clean Development and Climate. This partnership focuses on voluntary action by member states to promote cleaner technology and related goals. However, U.S. participation in discussions over binding agreements has been limited. Adaptation Bills Some critics of GHG regulation argue that the effects on global GHG concentrations -- and consequently the effects on climate -- from any reduction scheme will be limited. Some therefore contend that investment should focus on preparing communities and systems to adapt to the effects of a changing climate. This notion is shared by some proponents of GHG regulation, who argue that because of earlier greenhouse gas emissions, some level of warming will occur regardless of mitigation activity. Those stakeholders support adaptation initiatives in concert with mitigation efforts. Greenhouse Gas Reporting and Registry Bills Pursuant to the UNFCCC, the United States publishes annual reports on its GHG emissions.7 The U.S. Environmental Protection Agency (EPA) reports this information using various techniques (e.g., fuel analysis for CO2). The 2005 emissions estimates indicate that the three dominant sources of GHG emissions are electricity generation (33%), transportation (28%), and industry (19%).8 At the national level, the 1990 Clean Air Act requires most electric utilities to report their GHG emissions, but there is no overall national GHG reporting requirement. However, some states also gather data through voluntary registries or mandatory GHG emissions reporting mechanisms.9 6 President Clinton did not submit the Protocol to the Senate for advice and consent because the Senate was on record in mid-1997 (S.Res. 98), objecting to a treaty that had no mandatory obligations for developing countries. For more discussion, see CRS Report RL33826, Climate Change: The Kyoto Protocol and International Actions, by Susan R. Fletcher and Larry Parker. 7 These reports are issued by the Environmental Protection Agency, and are available at [http://epa.gov/climatechange/emissions/index.html]. 8 U.S. Environmental Protection Agency, Inventory of U.S. GHG Emissions and Sinks 1990- 2005, p. ES-14. Additional sources are agriculture (8%), commerce (6%), and residential activities (5%). 9 For more information, see CRS Report RL33812, Climate Change: Action by States To (continued...) CRS-5 Greenhouse Gas Emission Reduction Bills The United States has no federal GHG reduction requirements, although there have been proposals to require such reductions.10 These proposals include "command and control" regulations and market-based techniques to limit emissions. Market-based programs typically take as their model the Clean Air Act's acid rain program, which employs a cap-and-trade design to control several air pollutants.11 Cap-and-trade systems set strict limits on specific emissions from a particular group of sources. Sources may reduce their own emissions or purchase credits (i.e., trade) from other sources that have reduced emissions below their individual allotment. This flexibility in who makes reductions can lead to lower costs. In an efficient market, entities that face relatively low emission-reduction costs would have an incentive to achieve extra emission reductions, because these additional reductions could be sold 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. Total U.S. emissions may decrease or increase, depending on the entities covered, the GHGs controlled, and the emissions trading schemes. In the 110th Congress, some bills cover just the electric utility sector, while others cover most or all emissions throughout the economy.12 Another market-based option is to establish a "carbon tax" -- a direct tax on GHG emissions or on the fuels that generate emissions when combusted. To the extent that emissions reductions can be achieved at costs lower than the tax rate, those reductions will be undertaken; if emissions reductions are more expensive, covered entities would opt to pay the tax. In this way, there is an upper limit to the cost of the control program.13 9 (...continued) Address Greenhouse Gas Emissions, by Jonathan L. Ramseur. 10 President Bush has articulated the goal of reducing U.S. greenhouse gas emissions intensity -- the ratio of GHG emissions to economic output. However, that goal is voluntary, not mandatory. 11 For more discussion of the different emission reduction policy options, see CRS Report RL33799, Climate Change: Design Approaches for a Greenhouse Gas Reduction Program, by Larry Parker. 12 For detailed information on GHG reduction bills, see CRS Report RL33846, Climate Change: Greenhouse Gas Reduction Bills in the 110th Congress, by Larry Parker and Brent D. Yacobucci. 13 A hybrid of cap-and-trade and carbon tax schemes would require tradeable emissions permits, but establish a "safety valve" price. In this case, if the market value of a permit remains below a set price -- the safety valve -- the emissions targets will be achieved at low cost. If prices rise above 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. However, no such bills have been introduced in the 110th Congress. CRS-6 Sector-Specific Reduction Bills. Members have introduced several bills in the 110th Congress that would control emissions from only the electric utility sector. The rationale for such a policy is that electricity generation emits the highest percentage of GHGs by sector, and the number of covered sources would be relatively small compared to other sectors (e.g., transportation). Moreover, power plants have experience with reporting (if not reducing) their CO2 emissions under the Clean Air Act. Sector-specific bills generally fall into two categories: (1) bills that would control only GHGs and (2) bills that would control both GHGs and other pollutants such as mercury, sulfur dioxide, and nitrogen oxides. This latter category of bills is generally referred to as "multi-pollutant" legislation.14 Comprehensive GHG Emissions Reductions. A broader approach is to require emission reductions from multiple economic sectors. Several bills in the 110th Congress would apply to most or all U.S. GHG emissions. These bills are often described as an "economy-wide" GHG reduction approach. These bills vary in their coverage: some bills cover the most high-emitting sectors (e.g., electricity generation, industry, and transportation) while excluding other sectors (e.g., residential and commercial); other bills grant EPA broad authority to establish regulations to reduce the most emissions at the lowest cost. 14 For more information on multi-pollutant bills, see CRS Report RL34018, Air Quality: Multi-Pollutant Legislation in the 110th Congress, by Larry Parker and John Blodgett. CRS-7 Appendix A. Major Focus Areas of Climate Change Bills and Enacted Legislation in the 110th Congress Technology Climate Change Research GHG Reductions Deployment GHG Causes or Effects on International Adapt- Bill Number and Sponsor Emission Reporting Effects on Social and Agreements ation Economy- Sector- Multi- Mitigation Domestic Foreign / Registry Natural Political Wide Specific Pollutant Techniques Systems Systems ENACTED LEGISLATION P.L. 110-140 X X P.L. 110-161 X X X P.L. 110-181 X P.L. 110-229 X P.L. 110-246 X P.L. 110-343 X X SENATE BILLS H.R. 6 - Senate Version (Reid) X X S. 183 (Stevens) X S. 280 (Lieberman) X X X X X X S. 309 (Sanders) X X X X X X S. 317 (Feinstein) X X X X X S. 485 (Kerry) X X X X X X X S. 962 (Bingaman) X X S. 1018 (Durbin) X S. 1059 (Clinton) X S. 1072 (Stevens) X S. 1073 (Feinstein) X X S. 1168 (Alexander) X X X S. 1177 (Carper) X X X X X S. 1201 (Sanders) X X X X CRS-8 Technology Climate Change Research GHG Reductions Deployment GHG Causes or Effects on International Adapt- Bill Number and Sponsor Emission Reporting Effects on Social and Agreements ation Economy- Sector- Multi- Mitigation Domestic Foreign / Registry Natural Political Wide Specific Pollutant Techniques Systems Systems S. 1297 (Boxer) X X X S. 1321 (Bingaman) X X S. 1324 (Obama) X X S. 1387 (Klobuchar) X S. 1411 (Lautenberg) X S. 1419 (Reid) X X S. 1424 (Schumer) X S. 1508 (Dorgan) X S. 1538 (Rockefeller) X S. 1547 (Levin) X S. 1554 (Collins) X X X X X S. 1581 (Lautenberg) X X X S. 1602 (Hagel) X X S. 1696 (Feinstein) X S. 1766 (Bingaman) X X X X X X X S. 1874 (Landrieu) X X15 S. 2149 (Dorgan) X S. 2155 (Byrd) X S. 2191 (Lieberman) X X X X X X X X S. 2204 (Whitehouse) X X S. 2211 (Whitehouse) X X 15 This bill would not create a GHG reduction program, but would limit the costs of such a program if enacted through other legislation. CRS-9 Technology Climate Change Research GHG Reductions Deployment GHG Causes or Effects on International Adapt- Bill Number and Sponsor Emission Reporting Effects on Social and Agreements ation Economy- Sector- Multi- Mitigation Domestic Foreign / Registry Natural Political Wide Specific Pollutant Techniques Systems Systems S. 2307 (Kerry) X X X X S. 2355 (Cantwell) X X S. 2423 (Feinstein) X16 S. 2739 (Bingaman) X S. 3036 (Boxer) X X X X X X X X S.Res. 30 (Biden) X HOUSE BILLS H.R. 620 (Olver) X X X X X X X H.R. 823 (Welch) X H.R. 906 (Udall) X X X H.R. 1126 (Lipinski) X H.R. 1215 (Rogers) X H.R. 1451 (Lungren) X H.R. 1507 (McDermott) X H.R. 1585 (Skelton) X H.R. 1590 (Waxman) X X X X H.R. 1691 (Markey) X H.R. 1933 (Udall) X X 16 This bill would not create a GHG reduction program, but would supplement a market-based emission trading program enacted by Congress. CRS-10 Technology Climate Change Research GHG Reductions Deployment GHG Causes or Effects on International Adapt- Bill Number and Sponsor Emission Reporting Effects on Social and Agreements ation Economy- Sector- Multi- Mitigation Domestic Foreign / Registry Natural Political Wide Specific Pollutant Techniques Systems Systems H.R. 2069 (Stark) X17 H.R. 2082 (Reyes) X H.R. 2144 (DeLauro) X H.R. 2215 (Inslee) X H.R. 2337 (Rahall) X X H.R. 2338 (Dicks) X H.R. 2342 (Allen) X H.R. 2420 (Lantos) X X H.R. 2447 (Wynn) X H.R. 2483 (Hall) X H.R. 2556 (Wilson) X X H.R. 2635 (Waxman) X X H.R. 2651 (Engel) X H.R. 3031 (Inslee) X H.R. 3093 (Mollohan) X X H.R. 3221 (Pelosi) X X X X X X H.R. 3416 (Larson) X18 H.R. 3274 (Israel) X X H.R. 3448 (Waxman) X 17 This bill uses a carbon tax approach. Other economy-wide GHG reduction bills would establish or authorize a cap-and-trade system. 18 This bill uses a carbon tax approach. Other economy-wide GHG reduction bills would establish or authorize a cap-and-trade system. CRS-11 Technology Climate Change Research GHG Reductions Deployment GHG Causes or Effects on International Adapt- Bill Number and Sponsor Emission Reporting Effects on Social and Agreements ation Economy- Sector- Multi- Mitigation Domestic Foreign / Registry Natural Political Wide Specific Pollutant Techniques Systems Systems H.R. 3989 (McHugh) X X X X H.R. 4174 (Allen) X X X H.R. 4226 (Gilchrest) X X X X H.R. 4986 (Skelton) X H.R. 6186 (Markey) X X X X H.R. 6316 (Doggett) X X X X H.Con.Res. 96 (Dicks) X H.Con.Res. 104 (Carnahan) X CRS-12 Appendix B. Key Provisions of Climate Change Legislation in the 110th Congress Bill or P.L. Sponsor Short Title Major Actions Key Provisions That Directly Address Climate Change No. ENACTED LEGISLATION P.L. 110- Renewable Fuels, Signed into law December Among other provisions, many of which indirectly address greenhouse gas emissions, 140 Consumer 19, 2007 amends the Energy Policy Act of 2005 to expand the carbon capture research and Protection, and development program; directs the Department of the Interior to conduct a national Energy Efficiency assessment of geologic storage capacity for carbon dioxide (CO2); instructs the Act of 2007 Department of Energy to implement a program to demonstrate technologies for the large-scale capture of CO2 from industrial sources of CO2; establishes within the Department of Transportation an Office of Climate Change and the Environment to coordinate research and implement strategies to address transportation issues associated with climate change. P.L. 110- Consolidated Signed into law December Directs the EPA to issue regulations requiring mandatory reporting of GHG emissions 161 Appropriations 26, 2007 "above appropriate thresholds in all sectors of the economy;" the proposed rule and final Act, 2008 rule must be published nine months (i.e., by September 2008) and 18 months (i.e., June 2009) after the date of the statute's enactment; Instructs NOAA to work with the National Academy of Sciences to establish a Climate Change Study Committee that will study climate change issues and make recommendations regarding climate change mitigation strategies. P.L. 110- National Defense Signed into law January Among other provisions, requires the Department of Defense to assess the risks of 181 Authorization Act 28, 2008 projected climate change to the department's facilities, capabilities, and missions. for Fiscal Year 2008 P.L. 110- Consolidated Signed into law May 8, Among other provisions, requires the Secretary of Energy, when reviewing research and 229 Natural Resources 2008 development activities for possible inclusion in the steel research and development Act of 2008 initiative, to expand the plan in order to consider among steel project priorities the development of technologies which reduce GHG emissions. CRS-13 Bill or P.L. Sponsor Short Title Major Actions Key Provisions That Directly Address Climate Change No. P.L. 110- Food, Congress enacted Among many other provisions, directs the Department of Agriculture to establish 246 Conservation, and (overriding the President's technical guidelines to "measure the environmental services benefits from conservation Energy Act19 veto) June 18, 2008 and land management activities in order to facilitate the participation of farmers, ranchers, and forest landowners in emerging environmental services markets." USDA is to give priority to carbon markets. P.L. 110- Emergency Signed into law October 3, Among many other provisions, offers a tax credit for select (geologic) carbon 343 Economic 2008 sequestration activities; directs the Department of Treasury to enter into an agreement Stabilization Act with National Academy of Sciences to "undertake a comprehensive review of the Internal of 2008 Revenue Code of 1986 to identify the types of and specific tax provisions that have the largest effects on carbon and other greenhouse gas emissions and to estimate the magnitude of those effects;: directs NAS to report findings to Congress two years after enactment (October 3, 2010). SENATE BILLS H.R. 6 Reid Renewable Fuels, Proposed June 12, 2007; Among other provisions, many of which indirectly address greenhouse gas emissions, (Senate Consumer passed the Senate June 21, amends the Energy Policy Act of 2005 to expand the carbon capture research and Version)20 Protection, and 2007; signed into law development program; directs the Department of the Interior to conduct a national Energy Efficiency December 19, 2007 (P.L. assessment of geologic storage capacity for carbon dioxide (CO2); instructs the Act of 2007 110-140) (companion to Department of Energy to implement a program to demonstrate technologies for the H.R. 3221) large-scale capture of CO2 from industrial sources of CO2; establishes within the Department of Transportation an Office of Climate Change and the Environment to coordinate research and implement strategies to address transportation issues associated with climate change. S. 183 Stevens Improved Introduced January 4, Among other provisions, requires the Secretary of Commerce to establish a voluntary Passenger 2007; referred to the greenhouse gas (GHG) registry system. Automobile Fuel Senate Committee on Economy Act of Commerce, Science, and 2007 Transportation 19 The legislative proposals that led to P.L. 110-246 are not included in the appendixes of this report. For more information, see CRS Report RL34696, The 2008 Farm Bill: Major Provisions and Legislative Action. 20 The House passed H.R. 6 January 18, 2007, but the House version does not contain research provisions regarding carbon capture and storage. CRS-14 Bill or P.L. Sponsor Short Title Major Actions Key Provisions That Directly Address Climate Change No. S. 280 Lieberman Climate Introduced January 12, Creates a comprehensive GHG cap-and-trade program that covers the electric power, Stewardship and 2007; referred to the transportation, industrial, and commercial sectors (accounting for Innovation Act of Senate Committee on for about 85% of U.S. GHG emissions); the cap would take effect in 2012 and would 2007 Environment and Public decline further in 2020, 2030, and 2050; by 2050, the emissions cap would decline to Works 60% below 1990 levels. (companion to H.R. 620) Calls for research on abrupt climate change and the impact of climate change on the world's poor, among others, and creation of a national GHG database; establishes a new program to develop Innovation Infrastructure, along with program initiatives to promote less carbon-intensive technology (such as nuclear energy), adaptation, sequestration, and related activities; requires periodic review of target adequacy by the Under Secretary of Commerce for Oceans and Atmosphere, who oversees the National Oceanic and Atmospheric Administration (NOAA). S. 309 Sanders Global Warming Introduced January 16, Creates an economy-wide GHG cap that would take effect in 2010 and decline annually, Pollution 2007; referred to the reaching 1990 levels by 2020; with subsequent annual cap declines, cap would fall to Reduction Act Senate Committee on 80% below 1990 levels by 2050; EPA has the discretion to employ a market-based Environment and Public approach (e.g., cap-and-trade system). Works Requires mandatory GHG emission standards for vehicles by 2010, for new electric powerplants that begin operation after December 31, 2011, and a new energy efficiency performance standard; establishes a Renewable Portfolio Standard (RPS) that would require a certain percentage of electricity to be generated from renewable energy sources; the RPS would increase periodically, reaching 20% by 2020; sets up a new low-carbon generation requirement and trading program; calls for a periodic review of target adequacy by the National Academy of Sciences (NAS). S. 317 Feinstein Electric Utility Introduced January 17, Creates a GHG cap-and-trade program that applies to electric generating facilities of Cap and Trade Act 2007; referred to the more than 25 megawatts (MW); the emissions cap for the covered sources would decline of 2007 Senate Committee on each year. Environment and Public Works Establishes a program to encourage offsets from the agricultural sector; requires periodic review of target adequacy by EPA taking into account the recommendations of the Climate Science Advisory Panel, a group created by the bill. CRS-15 Bill or P.L. Sponsor Short Title Major Actions Key Provisions That Directly Address Climate Change No. S. 485 Kerry Global Warming Introduced February 1, Creates an economy-wide GHG cap-and-trade program that would require emission Reduction Act of 2007; referred to the reductions of approximately 60% below 1990 levels by 2050. 2007 Senate Committee on Finance Requires GHG emission standards for vehicles by 2010, and a new energy efficiency standard beginning in 2009; establishes a Renewable Portfolio Standard and credit program; increases biofuel mandates under the Renewable Fuels Standard, and mandates infrastructure for biofuels; expands and extends existing tax incentives for alternative fuel and advanced technology vehicles, and establishes manufacturer tax credit for advanced technology vehicle investment; sets up a new National Climate Change Vulnerability and Resilience Program; requires periodic review of target adequacy by the NAS. S. 962 Bingaman Department of Introduced March 22, Amends the Energy Policy Act of 2005 to promote deployment of carbon capture and Energy Carbon 2007; referred to the storage technology; calls for further research to develop this technology. Capture and Senate Committee on Storage Research, Energy and Natural Development, and Resources (companion to Demonstration Act H.R. 1933) of 2007 S. 1018 Durbin Global Climate Introduced March 28, Requires the Director of National Intelligence to submit to Congress a National Change Security 2007; referred to the Intelligence Estimate on the anticipated geopolitical effects of global climate change and Oversight Act Senate Select Committee the implications of such effects on U.S. national security; directs the Secretary of Defense on Intelligence to report to Congress on the projected impact on military installations, capabilities, and (companion to H.R. 1961) operations of the effects of global climate change as assessed in the estimate, and to recommend research and analysis needed to further assess the impacts on the military of global climate change; requires the Secretary of State to report to Congress on the potential for (1) large migrations of people in countries of strategic interest or humanitarian concern as a response to changes in climate and the implications for U.S. security interests; and (2) diplomatic opportunities and challenges facing U.S. policy makers as a result of social, economic, or political responses of groups or nations to global climate change. S. 1059 Clinton Zero-Emissions Introduced March 27, Amends the Energy Conservation and Production Act to instruct the Secretary of Energy Building Act of 2007, referred to the to establish revised federal building energy efficiency performance standards; the 2007 Senate Committee on standards require (if life-cycle cost-effective) new federal buildings to meet specifications Energy and Natural that would reduce GHG emissions by specified percentages between FY2007 and Resources FY2030. CRS-16 Bill or P.L. Sponsor Short Title Major Actions Key Provisions That Directly Address Climate Change No. S. 1072 Stevens Federal Agency Introduced March 29, Promotes energy efficiency and GHG reductions from the federal agencies by requiring Environmental 2007; referred to the reductions of energy intensity; directs each agency to reduce energy intensity by either Responsibility Act Senate Committee on 3% per year until the end of FY2014 or 30% by the end of FY2014, relative to the Homeland Security and agency's 2003 baseline. Governmental Affairs S. 1073 Feinstein Clean Fuels and Introduced March 29, Amends the Clean Air Act to establish a program within EPA to determine the life-cycle Vehicles Act of 2007; referred to the GHG emissions of motor fuels; requires applicable parties (generally those that produce 2007 Senate Committee on or supply the fuels to the U.S. market) to reduce the average life-cycle GHG emissions Environment and Public per unit of energy delivered to a motor vehicle; by 2015, parties must reduce 3% below a Works 2007 baseline (determined by EPA); at subsequent five-year intervals, further 3% reductions (below the preceding year's average emissions baseline as determined by EPA) are required; reduction requirements would be implemented through a credit trading system. Requires automobile manufacturers to improve the GHG performance of their vehicle fleet; for model year 2016 vehicles, companies must reduce the fleet average quantity of GHG emissions per vehicle mile 30% below the 2002 model year baseline. S. 1168 Alexander Clean Air/Climate Introduced April 19, 2007; Creates a "multi-pollutant" cap-and-trade program that requires reductions in sulfur Change Act of referred to the Senate dioxide (SO2), nitrogen oxides (NOx), mercury (Hg), and carbon dioxide (CO2); CO2 2007 Committee on reductions apply to electric-generating units (above 25 MW) in the 48 contiguous states; Environment and Public CO2 emissions capped at 2.3 billion metric tons (tonnes) in 2011, declining to 1.5 billion Works tonnes in 2025. S. 1177 Carper Clean Air Planning Introduced April 20, 2007; Creates a "multi-pollutant" cap-and-trade program that requires reductions in sulfur Act of 2007 referred to the Senate dioxide (SO2), nitrogen oxides (NOx), mercury (Hg), and carbon dioxide (CO2); CO2 Committee on reductions apply to electric-generating units (above 25 MW); CO2 emissions capped at Environment and Public 2.47 billion metric tonnes in 2012, declining by 1% annually beginning in 2016, and by Works 1.5% beginning in 2020. CRS-17 Bill or P.L. Sponsor Short Title Major Actions Key Provisions That Directly Address Climate Change No. S. 1201 Sanders Clean Power Act Introduced April 24, 2007; Creates a "multi-pollutant" cap-and-trade program that requires reductions in sulfur of 2007 referred to the Senate dioxide (SO2), nitrogen oxides (NOx), mercury (Hg), and carbon dioxide (CO2); CO2 Committee on reductions apply to electric generating units (above 25 MW); CO2 emissions capped at Environment and Public 2.3 billion metric tons (tonnes) in 2011, declining to 1.5 billion tonnes in 2025, and Works incrementally thereafter until 2050. Creates a new Low-Carbon Generation Requirement and credit trading program beginning in 2015; creates new Energy Efficiency Performance Standard and credit program beginning in 2008; creates a Renewable Portfolio Standard and credit program, beginning in 2008; requires final geological CO2 disposal standards within six years of enactment and biological sequestration standards within two years of enactment. S. 1297 Boxer Advanced Clean Introduced May 3, 2007; Amends the Clean Air Act to establish a program within EPA to determine the life-cycle Fuels Act of 2007 referred to the Senate GHG emissions of motor fuels; requires applicable parties (generally those that produce Committee on or supply the fuels to the U.S. market) to reduce the average life-cycle GHG emissions Environment and Public per unit of energy delivered to a motor vehicle; by the end of 2011, the average life-cycle Works GHG emissions must be at least equal to the 2008 baseline (as determined by EPA), by the end of 2015, 5% below baseline, and by the end of 2020, 10% below baseline; the reduction program would be implemented through a credit trading system. Amends the Clean Air Act to establish a program within EPA to reduce life-cycle GHG emissions of motor fuels; implements reduction requirements through a credit trading system. S. 1321 Bingaman Biofuels for Introduced May 7, 2007; Amends the Energy Policy Act of 2005 by enhancing the carbon capture research and Energy Security reported by the Senate development program; directs the Department of the Interior to complete a national and Transportation Committee on Energy and assessment of geologic storage capacity for CO2; instructs the Department of Energy to Act of 2007 Natural Resources May 7, implement a program to demonstrate technologies for the large-scale capture of CO2 from 2007 (S.Rept. 110-65) industrial sources of CO2. (companion to H.R. 2556) CRS-18 Bill or P.L. Sponsor Short Title Major Actions Key Provisions That Directly Address Climate Change No. S.1324 Obama National Introduced May 7, 2007; Amends the Clean Air Act to establish a program within EPA to determine the life-cycle Low-Carbon Fuel referred to the Senate GHG emissions of motor fuels; requires applicable parties (generally those that produce Standard Act of Committee on or supply the fuels to the U.S. market) to reduce average life-cycle GHG emissions per 2007 Environment and Public unit of energy delivered to a motor vehicle; by 2011, the average life-cycle GHG Works emissions must be substantially equivalent to the baseline (as determined by EPA and based on average of years 2005-2007), by 2015, 5% below baseline, and by 2020, 10% below baseline; subject to EPA assessment, further reductions would be required every subsequent five years beyond 2020; the reduction program would be implemented through a credit trading system. S. 1387 Klobuchar Federal Introduced May 14, 2007; Directs EPA to establish a mandatory GHG inventory, registry, and information system; Greenhouse Gas reported (with an this would build upon the statutory requirement included in 110-161 (described above); Registry Act of amendment in the nature requires "affected facilities" to submit quarterly reports to EPA documenting GHG 2008 of a substitute) by the emissions; requires emission reporting to begin by January 1, 2011. Senate Committee on Environment and Public The definition of "affected facility" is similar to the list of covered sources under several Works September 24, cap-and-trade proposals, including S. 2191 and S. 3036. 2008 (S.Rept. 110-491) S. 1411 Lautenberg Federal Introduced May 16, 2007; Amends the Clean Air Act to create a Federal Emissions Inventory Office within EPA to Government referred to the Senate annually measure and report on the GHG emissions of federal agencies. Greenhouse Gas Committee on Registry Act of Environment and Public 2007 Works S. 1419 Reid Carbon Capture Introduced May 17, 2007; Among other provisions, amends the Energy Policy Act of 2005 by enhancing the carbon and Sequestration [inserted into S.Amdt. capture research and development program; directs the Department of the Interior to Act of 2007 (Title 1502 to H.R. 6, which complete a national assessment of geologic storage capacity for CO2; instructs the III of bill) became P.L. 110-140] Department of Energy to implement a program to demonstrate technologies for the large-scale capture of CO2 from industrial sources of CO2. S. 1424 Schumer Farm, Nutrition, Introduced May 17, 2007; Among other provisions, sets up grant program for applicable universities to conduct and Community referred to the Senate climate change research, including the use of land management practices to increase soil Investment Act of Committee on Finance carbon sequestration and the effects on agriculture of increased GHGs and global 2007 warming. S. 1508 Dorgan Clean Energy Introduced May 24, 2007; Among other provisions, provides tax incentives for capturing and sequestering CO2 (or Production Tax referred to the Senate reinjecting it for enhanced oil recovery). Incentives Act of Committee on Finance 2007 CRS-19 Bill or P.L. Sponsor Short Title Major Actions Key Provisions That Directly Address Climate Change No. S. 1538 Rockefeller Intelligence Introduced May 31, 2007; Among other provisions, requires Director of National Intelligence to submit to Congress Authorization Act reported to the Senate by a National Intelligence Estimate (NIE) on the anticipated geopolitical effects of global for Fiscal Year the Select Committee on climate change and the implications of such effects on the national security of the United 2008 Intelligence May 31, 2007 States. (S.Rept. 110-75); to the Senate by the Committee on Armed Services June 26, 2007 (S.Rept. 110-92); incorporated into H.R. 2082 as amendment October 3, 2007 (see H.R. 2082 for status) S. 1547 Levin National Defense Introduced June 5, 2007; Among other provisions, requires the Department of Defense to assess the risks of Authorization Act reported by the Senate projected climate change to the department's facilities, capabilities, and missions. for Fiscal Year Committee on Armed 2008 Services June 5, 2007 (S.Rept. 110-77); referred to Select Committee on Intelligence (companion to H.R. 1585 and H.R. 4986 -- the latter became P.L. 110-181) CRS-20 Bill or P.L. Sponsor Short Title Major Actions Key Provisions That Directly Address Climate Change No. S. 1554 Collins Energy Introduced June 6, 2007; Creates a "multi-pollutant" cap-and-trade program that requires reductions in sulfur Independence, referred to the Senate dioxide (SO2), nitrogen oxides (NOx), mercury (Hg), and carbon dioxide (CO2); CO2 Clean Air, and Committee on Finance reductions apply to electric-generating units (above 15 MW); CO2 emissions capped at Climate Security 2.05 billion tons in 2022, with further declines if the EPA determines the levels "are not Act of 2007 reasonably anticipated to protect public health or welfare or the environment." Amends the Clean Air Act to establish a program within EPA to determine the life-cycle GHG emissions of motor fuels; requires applicable parties (generally those that produce or supply these fuels to the U.S. market) to reduce the average life-cycle GHG emissions per unit of energy delivered to a motor vehicle; by the end of 2011, the average life-cycle GHG emissions must be at least equal to the 2008 baseline (as determined by EPA), by the end of 2015, 5% below baseline, and by the end of 2020, 10% below baseline; the reduction program would be implemented through a credit trading system. Sets up grant program to support research involving low-carbon fuels; creates a program within the National Oceanic and Atmospheric Administration (NOAA) to conduct research regarding abrupt climate change. S. 1581 Lautenberg Federal Ocean Introduced June 7, 2007; Directs the President to establish or designate an interagency committee on ocean Acidification reported by the Senate acidification, chaired NOAA and comprised of senior representatives from the National Research And Commerce, Science, and Science Foundation, NASA, USGS, the Fish and Wildlife Service; directs the committee Monitoring Act of Transportation May 22, to develop a strategic research and implementation plan for Federal activities; requires the 2007 2008 (H.Rept. 110-339) committee to submit the plan to Congress 18 months after enactment of legislation; the (companion to H.R. 4174) plan shall include research on the relationship between GHG emissions and ocean acidification, and the biological and socio-economic impacts of ocean acidification; creates an ocean acidification program within NOAA to carry out the plan by overseeing research projects and issuing research grants. CRS-21 Bill or P.L. Sponsor Short Title Major Actions Key Provisions That Directly Address Climate Change No. S. 1602 Hagel Clean, Reliable, Introduced June 12, 2007; Amends the Energy Policy Act of 1992 and the voluntary GHG reporting program Efficient and referred to the Senate (Section 1605(b) of that act) to encourage new and increased voluntary efforts to reduce, Secure Energy Act Committee on Energy and avoid, or sequester emissions of GHGs; directs the Secretary of Energy to establish a of 2007 Natural Resources program that would provide annual public recognition to persons and entities demonstrating GHG reduction, avoidance, or sequestration. Instructs the National Academy of Sciences (under direction of the Department of Energy) to study the uses, including industrial applications, for captured CO2 other than sequestration, enhanced oil recovery, or carbon trading. Directs the Department of the Interior to complete a national assessment of geological storage capacity for CO2; establishes a Regulatory Reform for Carbon Sequestration Commission that would identify any regulatory barriers to siting new manufacturing facilities, power plants, and other necessary infrastructure in close proximity to the potential CO2 storage sites identified in the national assessment. S. 1696 Feinstein Department of the Introduced June 26, 2007; Provides funding for EPA to use its existing authority under the Clean Air Act to develop Interior, reported by the Senate and publish a rule requiring mandatory reporting of GHG emissions above appropriate Environment, and Committee on thresholds in all sectors of the economy; the bill requires EPA to publish the final rule no Related Agencies Appropriations June 26, later than December 31, 2008 (date extended in P.L. 110-161). Appropriations 2007 (S.Rept. 110-91); Act, 2008 included in H.R. 2764 (Consolidated Appropriations Act, 2008), which was signed into law December 26, 2007 (P.L. 110-161) S. 1766 Bingaman Low Carbon Introduced July 11, 2007; Creates a comprehensive GHG cap-and-trade program that would take effect in 2012; Economy Act of referred to the Senate regulates emissions from natural gas and petroleum at point of production ("upstream") 2007 Committee on and from coal at point of combustion ("downstream"); sets target of reducing emissions Environment and Public to 2006 levels by 2020 and 1990 levels by 2030; provides a safety-valve whereby Works regulated entities can purchase additional allowances at ceiling price, which is initially set at $12 per metric ton of CO2-equivalent, but increases incrementally each year; allowance allocation includes for free allocation, auctions, and set-aside allowances for specific purposes; requires countries not taking comparable emission control action to submit special allowances (or their foreign equivalent) to accompany exports to the United States of any covered greenhouse-intensive goods and primary products. CRS-22 Bill or P.L. Sponsor Short Title Major Actions Key Provisions That Directly Address Climate Change No. S. 1874 Landrieu Containing and Introduced July 25, 2007; Supplements any enacted GHG emission reduction program (created through other Managing Climate referred to the Senate legislation) by establishing a Carbon Market Efficiency Board; the board would observe Change Costs Committee on the national GHG emission market and determine if the cost of GHG emission permits Efficiently Act Environment and Public would pose significant harm to the economy; in the event of such a determination, the Works board may take cost-relief actions, primarily by expanding allowance borrowing opportunities. S. 2149 Dorgan Coal Fuels and Introduced October 4, Amends Energy Policy Act of 1992 to establish grant and loan program to support Industrial 2007; referred to the development of clean coal technologies, including capture and sequestration; creates a tax Gasification Senate Committee on credit for facilities employing carbon capture and sequestration technology. Demonstration and Finance Development Act of 2007 S. 2155 Byrd International Clean Introduced October 4, Directs the Secretary of Energy, in coordination with the Secretary of State and the Energy 2007; referred to the Administrator of the U.S. Agency for International Development, to support deployment Technologies Senate Committee on of clean energy technology in developing nations; creates pilot program that provides Deployment and Foreign Relations financial support to demonstration projects. Global Energy Markets Investment Act of 2007 S. 2191 Lieberman Lieberman-Warner Introduced October 18, Creates a comprehensive (covers the electric generation, industrial, and transportation Climate Security 2007; reported (with an sectors) GHG emissions cap-and-trade program that takes effect in 2012; cap reduces Act of 2008 amendment in the nature emissions to 15% below 2005 levels in 2020, with declines reaching 70% below 2005 of a substitute, S.Rept. levels by 2050; establishes a Carbon Market Efficiency Board to observe the allowance 110-337) by the Senate market and implement cost-relief measures if necessary; allows for banking and Committee on borrowing of emissions allowances; allows covered facilities to use offsets to meet 30% Environment and Public of allowance submissions (15% from domestic and 15% from international); allocation Works May 20, 2008; see system auctions 18% of allowances in 2012, increasing to 73% by 2036; auction revenues S. 3036, which was support various objectives, including energy assistance for low-income households, considered by the Senate adaptation to climate change, technology deployment for renewable energy and advanced the week of June 2, 2008 coal technologies; starting in 2018, requires nations without comparable emission controls to submit international reserve allowances (or foreign equivalents) with exports of any covered GHG intensive goods and primary products to the United States; creates new efficiency standards for appliances and buildings. CRS-23 Bill or P.L. Sponsor Short Title Major Actions Key Provisions That Directly Address Climate Change No. S. 2204 Whitehouse Global Warming Introduced October 18, Directs the Department of Interior to establish a national strategy for assisting wildlife Wildlife Survival 2007; referred to the populations and wildlife habitats in adapting to climate change; creates a National Global Act Senate Committee on Warming and Wildlife Science Center within the United States Geological Survey Environment and Public (USGS) to conduct research; establishes a wildlife conservation grant program for states Works and tribes. Directs Department of Commerce to devise a national strategy concerning coastal and marine ecosystems and climate change impacts; instructs the National Academy of Sciences (NAS) to prepare a report on these issues. Directs USGS to convene regional meetings to discuss imperiled species in relevant region; instructs the NAS to issue report, based on meetings' findings, that assesses the impacts of global warming on imperiled species. S. 2211 Whitehouse Global Warming Introduced October 19, Directs the Department of Commerce to develop a national strategy to prepare coastal and Acidification 2007; referred to the and marine ecosystems for stresses associated with global warming, including relative sea Coastal and Ocean Senate Committee on level rise and ocean acidification; provides for grants to carry out this strategy; instructs Resiliency Act Commerce, Science, and the National Academy of Sciences (NAS) to prepare a report on these issues. Transportation Amends the Coastal Zone Management Act of 1972 by instructing the Department of Commerce to develop and implement plans to help coastal communities prepare for climate change; authorizes grant program for this purpose. S. 2307 Kerry Global Change Introduced November 5, Amends the Global Change Research Act of 1990: directs the President to provide a Research 2007; reported by the five-year national strategic plan to address the impacts of climate change within the Improvement Act Senate Committee on United States; of 2007 Commerce, Science, and Transportation May 22, Requires the Department of Commerce to conduct regional assessments to identify key 2008 (S.Rept. 110-341) vulnerabilities of coastal and ocean areas and resources from hazards associated with climate change and ocean acidification; directs Commerce to submit an agency-specific, coastal adaptation plan that includes recommendations (on the regional level) for strategies to address coastal and ocean impacts; establishes grant program within Commerce to support adaptation efforts in coastal states. CRS-24 Bill or P.L. Sponsor Short Title Major Actions Key Provisions That Directly Address Climate Change No. S. 2355 Cantwell Climate Change Introduced November 14, Amends the National Climate Program Act (P.L. 95-367) to require the President to Adaptation Act 2007; reported by the prepare a five-year national strategy for addressing the impacts of climate change in the Senate Committee on United States; Commerce, Science, and Transportation June 5, Instructs the Secretary of Commerce to (1) coordinate (with state and local entities) and 2008 (S.Rept. 110-347) support regional assessments of the vulnerability of ocean and coastal resources; (2) prepare a national coastal and ocean adaptation plan, which includes region-specific plans; (3) provide (through NOAA) assistance to state and local governments as they implement adaptation or mitigation strategies; and (4) issue grants to support state and local efforts. S. 2423 Feinstein Emission Introduced December 6, Would supplement a federal, market-based emission control program by directing the Allowance Market 2007; referred to the EPA to issue regulations to facilitate price transparency in markets for the sale of Transparency Act Senate Committee on emission allowances. of 2007 Environment and Public Works S. 2739 Bingaman Consolidated Introduced March 10, Among other provisions, requires the Secretary of Energy, when reviewing research and Natural Resources 2008; passed Senate April development activities for possible inclusion in the steel research and development Act of 2008 10, 2008; passed House initiative, to expand the plan in order to consider among steel project priorities the April 29, 2008; signed into development of technologies which reduce GHG emissions. law May 8, 2008 (P.L. 110-229) (related to H.R. 1126) S. 3036 Boxer Lieberman-Warner Introduced May 20, 2008; This bill would be identical to the reported version of S. 2191, except that S. 3036 Climate Security considered by the Senate contains a budget amendment aimed at making the bill revenue-neutral. This would entail Act of 2008 the week of June 2, 2008 devoting a percentage of auction revenues to offset budget deficits that are projected to occur due to the cap-and-trade program. CRS-25 Bill or P.L. Sponsor Short Title Major Actions Key Provisions That Directly Address Climate Change No. S.Res. 30 Biden Expressing the Introduced January 16, Expresses the sense of the Senate that the United States should participate in negotiations sense of the Senate 2007; reported by the under the United Nations Framework Convention on Climate Change with the objective regarding the need Senate Committee on of securing United States participation in binding agreements that advance and protect the for the United Foreign Relations March economic and national security interests of the United States; establish mitigation States to address 29, 2007 commitments by all major greenhouse gas emitters; establish flexible international global climate (companion of H.Con.Res. mechanisms to minimize the cost of reduction efforts; and achieve a significant long-term change through the 104) reduction in global greenhouse gas emissions. negotiation of fair and effective Expresses the sense of the Senate that a bipartisan Senate observer group be established international to monitor any international negotiations on climate change and ensure that the advice commitments and consent function of the Senate is exercised in a manner to facilitate timely consideration of any applicable treaty submitted to the Senate. HOUSE BILLS H.R. 620 Olver Climate Introduced January 22, Creates a GHG cap-and-trade program that covers the electric power, transportation, Stewardship Act of 2007; referred to the industry, and commercial sectors (accounting for about 85% of U.S. GHG emissions); by 2007 House Committee on 2050, the emissions cap would decline to approximately 70% below 1990 levels. Energy and Commerce and two other committees Calls for studies on the impacts of climate change on coastal ecosystems and (companion to S. 280) communities, and the world's poor, among others; requires an assessment of adaptation technologies; creates a national GHG database; mandates a periodic review of target adequacy by the Under Secretary of Commerce for Oceans and Atmosphere, which oversees the National Oceanic and Atmospheric Administration (NOAA). H.R. 823 Welch None Introduced February 5, Authorizes federal agencies and legislative branch offices to purchase qualified tradeable: 2007; referred to the (1) GHG offsets and (2) renewable energy credits. House Committee on Oversight and Government Reform, and two other committees H.R. 906 Udall Global Change Introduced February 7, Establishes an interagency United States Global Change Research Program to improve Research and Data 2007; reported by the understanding of global change and to provide periodic assessments of the vulnerability Management Act House Committee on of the United States and other regions to global change; creates an Office of Global of 2007 Science and Technology Change Research Information; directs the Secretary of State to initiate discussions with April 24, 2008 (H.Rept. other nations leading toward international protocols and other agreements to coordinate 110-605) global climate change research activities. CRS-26 Bill or P.L. Sponsor Short Title Major Actions Key Provisions That Directly Address Climate Change No. H.R. 1126 Lipinski None Introduced February 16, Requires the Secretary of Energy, when reviewing research and development activities 2007; passed House March for possible inclusion in the steel research and development initiative, to expand the plan 12, 2007; reported by in order to consider among steel project priorities the development of technologies which Senate Committee on reduce GHG emissions. Energy and Natural Resources September 17, 2007 (S.Rept. 110-181); see S.2739, which became P.L. 110-229 H.R. 1215 Rogers None Introduced February 22, Amends the Energy Policy Act of 2005 to instruct the Secretary of Energy to make loan 2007; referred to the guarantee commitments to domestic motor vehicle manufacturers and suppliers for House Committee on advanced conservation and fuel efficiency technology projects for gasoline and diesel Energy and Commerce vehicles, flexible fuel vehicles, and hybrid electric vehicles that reduce dependence on oil and House Committee on and reduce GHG emissions. Science and Technology H.R. 1424 Kennedy Emergency Introduced March 9, 2007; Among many other provisions, offers a tax credit for select (geologic) carbon Economic passed House March 5, sequestration activities; directs the Department of Treasury to enter into an agreement Stabilization Act 2008; passed Senate with National Academy of Sciences to "undertake a comprehensive review of the Internal of 2008 October 1, 2008; signed Revenue Code of 1986 to identify the types of and specific tax provisions that have the into law October 3, 2008 largest effects on carbon and other greenhouse gas emissions and to estimate the (P.L. 110-343) magnitude of those effects;" directs NAS to report findings to Congress two years after enactment (October 3, 2010). H.R. 1451 Lungren New Options Introduced March 9, 2007; Among other provisions, allows a tax credit for investment in a "climate neutral Petroleum Energy referred to House combustion facility," defined as any facility that (1) burns matter to produce electricity; Conservation Act Committee on Ways and (2) captures and uses CO2 released during combustion to recover hydrocarbon fuel; and of 2007 Means, and two other (3) produces no emissions of mercury or GHG and no emissions that form fine committees particulate, smog, or acid rain; extends through 2012 the tax credits for investment in solar energy property and for residential energy efficient property expenditures; directs the Secretary of Energy to establish a program to award $1 billion to the first U.S. automobile manufacturer that manufactures and sells in the United States 60,000 mid- sized sedans that operate on gasoline and can travel at 100 miles per gallon. CRS-27 Bill or P.L. Sponsor Short Title Major Actions Key Provisions That Directly Address Climate Change No. H.R. 1507 McDermott Salmon Economic Introduced March 13, Requires the Secretary of Commerce to enter into an arrangement with the National Analysis and 2007; referred to the Academy of Sciences for scientific analysis of federal salmon protection, restoration, and Planning Act House Committee on recovery actions. Part of this analysis would identify the effect of global climate change Natural Resources on ocean conditions and on hydrological conditions in the Snake and Columbia rivers and their salmon and steelhead-bearing tributaries; examines how such global climate change impacts might affect the federal resources necessary to achieve recovery of naturally spawning wild salmon and steelhead populations to self-sustaining, harvestable levels. H.R. 1585 Skelton National Defense Introduced March 20, Among other provisions, requires the Department of Defense to assess the risks of Authorization Act 2007; passed House May projected climate change to the department's facilities, capabilities, and missions. for Fiscal Year 17, 2007, and Senate 2008 October 1, 2007; conference report (H.Rept. 110-477) agreed to in House December 12, 2007, and Senate December 14, 2007; vetoed by President December 28, 2007; see H.R. 4986, which became P.L. 110-181 (companion to S. 1547) H.R. 1590 Waxman Safe Climate Act Introduced March 20, Creates an economy-wide GHG cap-and-trade program that would take effect in 2010; of 2007 2007; referred to the the cap would decline annually to reach 1990 levels by 2020; subsequent annual declines House Committee on (of roughly 5% per year) would require emission reductions of approximately 80% below Energy and Commerce 1990 levels by 2050. and House Committee on Foreign Affairs Requires mandatory GHG emission standards for vehicles by 2010 and a new energy efficiency standard beginning in 2010; establishes a Renewable Portfolio Standard; requires a periodic review of adequacy of GHG emissions target by the National Academy of Sciences (NAS); the NAS review would take account of international activity and recommend actions for both the United States and other nations to take if the GHG targets are not likely to avoid dangerous climate change. CRS-28 Bill or P.L. Sponsor Short Title Major Actions Key Provisions That Directly Address Climate Change No. H.R. 1961 Markey Global Climate Introduced April 19, 2007; Requires the Director of National Intelligence to submit to Congress a National Change Security referred to the House Intelligence Estimate on the anticipated geopolitical effects of global climate change and Oversight Act Committee on Intelligence the implications of such effects on U.S. national security; directs the Secretary of Defense and two other committees to report to Congress on the projected impact on the military installations, capabilities, (companion to S. 1018) and operations of the effects of global climate change as assessed in the estimate, and to recommend research and analysis needed to further assess the impacts on the military of global climate change; requires the Secretary of State to report to Congress on the potential for (1) large migrations of people in countries of strategic interest or humanitarian concern as a response to changes in climate and the implications for U.S. security interests; and (2) diplomatic opportunities and challenges facing U.S. policymakers as a result of social, economic, or political responses of groups or nations to global climate change. H.R. 1933 Udall Department of Introduced April 18, 2007; Amends the Energy Policy Act of 2005 to promote deployment of carbon capture and Energy Carbon reported by the House storage technology; calls for further research to develop this technology. Capture and Committee on Science and Storage Research, Technology August 3, Development, and 2007 (H.Rept. 110-301) Demonstration Act (companion to S. 962) of 2007 H.R. 2069 Stark Save Our Climate Introduced April 26, 2007; Amends the Internal Revenue Code to impose a carbon excise tax ($10 per ton of carbon Act of 2007 referred to the House content) on any taxable fuel sold by a manufacturer, producer, or importer. Defines Committee on Ways and "taxable fuel" as coal (including lignite and peat), petroleum and any petroleum product, Means and natural gas. CRS-29 Bill or P.L. Sponsor Short Title Major Actions Key Provisions That Directly Address Climate Change No. H.R. 2082 Reyes Intelligence Introduced May 1, 2007; Section 407 requires the Director of National Intelligence to submit to Congress a Authorization Act passed House May 11, national intelligence estimate on anticipated geopolitical effects of global climate change for Fiscal Year 2007; passed Senate and its implications on U.S. national security. 2008 October 3, 2007; House agreed to conference *The Conference Report (agreed to by the House) does not include this provision. The report (H.Rept. 110-478) report stated: December 13, 2007; Senate agreed February The conference report also eliminates Section 407 of the House bill, which 13, 2008; President vetoed would have required the DNI to submit a National Intelligence Estimate on March 8, 2008; veto the anticipated geopolitical effects of global climate change on the national override failed March 11, security of the United States. The conferees remain fully committed to this 2008 (companion to S. assessment. The conferees note the DNI has stated that work on such a 1538) national intelligence assessment has already begun. The conferees expect that the national intelligence assessment will be transmitted to Congress in a timely manner. H.R. 2144 DeLauro Farm, Nutrition, Introduced May 3, 2007; Among other provisions, amends the Agricultural Risk Protection Act of 2000 by and Community referred to the House establishing the climate carbon cycle, renewable energy, and climate change research Investment Act of Agriculture Committee program; instructs the Secretary of Agriculture to provide grants to eligible universities to 2007 and three other committees conduct the research. H.R. 2215 Inslee To provide a Introduced May 8, 2007; Directs the EPA to establish low carbon fuel performance standards that would apply in reduction in the referred to the House 2015. aggregate Committee on Energy and greenhouse gas Commerce emissions per unit of energy consumed by vehicles and aircraft, and for other purposes. CRS-30 Bill or P.L. Sponsor Short Title Major Actions Key Provisions That Directly Address Climate Change No. H.R. 2337 Rahall Energy Policy Introduced May 16, 2007; Title IV requires the Department of the Interior (DOI) to complete a national assessment Reform and reported by the House of capacity for the geologic storage of CO2; requires the DOI to assess the amount of Revitalization Act Committee on Natural carbon stored in various ecosystems, and the processes related to terrestrial sequestration, of 2007 Resources August 3, 2007 including land management practices that may improve sequestration; directs the DOI to (H.Rept. 110-296) maintain an inventory of the amount of CO2 stored from federal leases; requires the DOI to report to Committee on Natural Resources on a recommended regulatory and certification framework for conducting geological carbon sequestration activities on federal lands; directs the DOI to promulgate a national strategy for mitigating the impacts of global warming on wildlife populations in the United States. H.R. 2338 Dicks Global Warming Introduced May 16, 2007; Directs the Department of the Interior (DOI) to promulgate a national strategy for Wildlife Survival referred to the House mitigating the impacts of global warming on wildlife populations in the United States Act Committee on Natural (note: similar, if not identical, to Title IV, Subtitle D of H.R. 2337) Resources and House Committee on Agriculture H.R. 2342 Allen National Integrated Introduced May 16, 2007; Establishes a National Integrated Coastal and Ocean Observation System composed of Coastal and Ocean reported by the House federal and non-federal components; authorizes research activities regarding climate Observation Act of Committee on Natural change, particularly effects on coastal waters and Great Lakes. 2007 Resources and (H.Rept. 110-558) passed House March 31, 2008 H.R. 2420 Lantos International Introduced May 22, 2007; Establishes within the Department of State an Office on Global Climate Change; Climate reported from the House promotes clean and efficient technologies in developing countries; creates International Cooperation Committee on Foreign Clean Energy Foundation within the executive branch that serves the long-term foreign Re-engagement Affairs June 28, 2007 policy and energy security goals of reducing global GHG emissions. Act of 2007 (H.Rept. 110-215) H.R. 2447 Wynn Energy and Introduced May 23, 2007; Establishes Energy and Environment Block Grant Program within the Department of Environment referred to the House Energy to award grants to eligible cities/counties to support local GHG reduction Block Grant Act of Committee on Energy and activities. 2007 Commerce and House Committee on Science and Technology H.R. 2483 Hall Energy for Introduced May 24, 2007; Title VIII requires the Secretary of Energy to submit to the Congress the results of a study America Act referred to the House on the feasibility of large-scale biological sequestration of CO2 for coal power systems, Committee on Science and including an analysis of the feasibility of creating a closed loop carbon cycle through Technology biological sequestration. CRS-31 Bill or P.L. Sponsor Short Title Major Actions Key Provisions That Directly Address Climate Change No. H.R. 2556 Wilson Energy Savings Introduced May 24, 2007; Title III (Carbon Capture and Sequestration Act of 2007) amends the Energy Policy Act Act of 2007 referred to the House of 2005 by enhancing the carbon capture research and development program; directs the Committee on Energy and Department of the Interior to complete a national assessment of geologic storage capacity Commerce and four other for CO2; instructs Department of Energy to implement program to demonstrate committees technologies for the large-scale capture of CO2 from industrial sources of CO2. (companion to S. 1321) H.R. 2635 Waxman Carbon-Neutral Introduced June 7, 2007, Requires each federal agency to provide an annual report of its GHG emissions for the Government Act of reported by the House preceding fiscal year; calls for the EPA to develop GHG reduction targets for the 2007 Oversight and Government combined federal agencies; beginning in FY2011, each agency would freeze its Reform Committee August proportionate share of emissions at 2010 levels and decrease, at a minimum, by 2% each 3, 2007 (H.Rept. 110-297) fiscal year, so as to achieve zero net annual GHG emissions from the agencies by FY2050; directs various agencies to study management policies that could enhance net biological sequestration of GHGs and reduce negative impacts of global warming on ecosystems; mandates that federal vehicle fleet meet GHG emission standards developed by California (standards would take effect when they are applicable in California). H.R. 2651 Engel Greenhouse Gas Introduced June 11, 2007; Requires large, publicly traded companies and significant emitters of GHGs to report Accountability Act referred to the House their emissions to the EPA. of 2007 Committee on Energy and Commerce and House Committee on Financial Services H.R. 3031 Inslee Advanced Design Introduced July 12, 2007; Directs the National Institute of Building Sciences to establish GHG emissions standards in Energy for referred to the House for the construction of new commercial and residential buildings; compared to a 2003 Living Efficiently Committee on Energy and baseline, the standards will require emission reductions of 40% by 2010 and 70% by Act of 2007 Commerce, and five other 2020; states must adopt and fully implement the standards (or demonstrate that technical committees. barriers exist that prevent such adoption and implementation) in order to receive federal funding provided by the act, which includes loan guarantees and block grants. H.R. 3093 Mollohan Commerce, Introduced July 19, 2007; Directs the National Academies to establish a Climate Change Study Committee that will Justice, Science, included in H.R. 2764 study various climate change issues and make recommendations regarding response and Related (Consolidated actions. Agencies Appropriations Act, 2008), Appropriations which was signed into law Act, 2008 December 26, 2007 (P.L. 110-161). CRS-32 Bill or P.L. Sponsor Short Title Major Actions Key Provisions That Directly Address Climate Change No. H.R. 3221 Pelosi New Direction for Introduced July 30, 2007; Among other provisions, creates Ambassador at Large for Global Climate Change; Energy passed House August 4, promotes domestic and international deployment of mitigation technologies; requires Independence, 2007 (companion to further research concerning various climate-related issues; calls for a national assessment National Security, Senate Version of H.R. 6, of the geological storage capacity of CO2; sets target for federal agencies to stabilize and Consumer which was signed into law GHG emissions in FY2011, decrease emissions thereafter, and be carbon neutral by 2050. Protection Act December 19, 2007 (P.L. 110-140)) H.R. 3274 Israel United Introduced August 1, Promotes cooperation between the United States and China on joint energy and climate States-China 2007; referred to the change projects, such as carbon capture and sequestration technology; provides grants to Energy House Committee on eligible projects on condition that federal funding is recouped if a project leads to the Cooperation Act Energy and Commerce development of a product or process that is marketed or used. and House Committee on Science and Technology H.R. 3416 Larson America's Energy Introduced August 3, Establishes a carbon tax on coal, petroleum, and natural gas, based on their CO2 content; Security Trust 2007; referred to the levies a $15/ton tax, which increases each year; tax revenues used to 1) support Fund Act of 2007 House Ways and Means technology development, 2) alleviate burden on carbon-intensive industries, and 3) Committee provide rebates to workers based on payroll tax payments; grants tax credits for qualified offset project. H.R. 3448 Waxman Global Climate Introduced August 3, Expresses need for the United States to negotiate an accelerated phase out of ozone- and Ozone Layer 2007; referred to the depleting chemicals under the Montreal Protocol; amends the Clean Air Act to strengthen Protection Act of House Committee on domestic regulation of ozone-depleting chemicals, which have relatively strong global 2007 Energy and Commerce warming potential. H.R. 3989 McHugh Healthy Air and Introduced October 29, Creates a cap-and-trade program for CO2 emissions at coal-fired power plants (above 25 Clean Water Act 2007; referred to the MW); by January 1, 2015, CO2 emission levels capped at 2005 levels, decreasing House Committee on periodically to 20% below 2005 levels by 2050; directs EPA to develop program details, Energy and Commerce but requires 100% of emission allowances to be auctioned, with revenues supporting and three other committees development of renewable energies; in addition to CO2 provisions, requires emission reductions in mercury (Hg) from coal-fired power plants (above 25 MW) and further reductions in sulfur dioxide (SO2) and nitrogen oxides (NOx) from all power plants above 25 MW capacity. CRS-33 Bill or P.L. Sponsor Short Title Major Actions Key Provisions That Directly Address Climate Change No. H.R. 4174 Allen Federal Ocean Introduced November 14, Establishes an Interagency Committee on Ocean Acidification, comprised of senior Acidification 2007; reported by the representatives from NOAA, the National Science Foundation, NASA, USGS, the Fish Research And House Committee on and Wildlife Service, EPA, and DOE; directs the Committee to develop a strategic Monitoring Act of Science and Technology research and implementation plan for Federal activities; requires the Committee to submit 2007 (H.Rept. 110-749) and the plan to Congress 18 months after enactment of legislation; the plan shall include passed House July 9, 2008 research on the relationship between GHG emissions and ocean acidification, and the (companion to S. 1581) biological and socio-economic impacts of ocean acidification; creates an ocean acidification program within NOAA to carry out the plan by overseeing research projects and issuing research grants. H.R. 4226 Gilchrest Climate Introduced November 15, Creates a comprehensive GHG cap-and-trade program that covers the electric power, Stewardship and 2007; referred to the transportation, industrial, and commercial sectors (accounting for Economic Security House Committee on for about 85% of U.S. GHG emissions); starting in 2012, the cap would be set at 2006 Act of 2007 Energy and Commerce emission levels (minus annual emissions from non-covered entities) and would decline and five other committees further in 2020, 2030, and 2050; by 2050, the emissions cap would decline to 25% of 2006 levels (minus annual emissions from non-covered entities); Directs the Secretary of Commerce to (1) initiate studies on climate change impacts to coastal ecosystems and communities; (2) provide technical assistance to states concerning climate change adaptation; (3) prepare and submit an adaptation plan to Congress; and (4) study climate change impacts to the world's poor and submit report to Congress; instructs the Director of the Office of Science and Technology Policy to create a program on adaptation technologies. H.R. 4986 Skelton National Defense Introduced January 16, Among other provisions, requires the Department of Defense to assess the risks of Authorization Act 2008; signed into law projected climate change to the department's facilities, capabilities, and missions. for Fiscal Year January 28, 2008 (P.L. 2008 110-181) (related to S. 1585) H.R. 6186 Markey Investing in Introduced June 4, 2008; Creates a comprehensive GHG cap-and-trade program that would cap emissions from Climate Action referred to the House covered sources at 930 million mtCO2e in 2050; covers the electric power, transportation, and Protection Act Energy and Commerce industrial, and commercial sectors (accounting for about 85% of U.S. GHG emissions); Committee and 9 other directs EPA to auction 94% of the emission allowances in 2012, increasing to 100% by committees FY2020; instructs EPA to develop emission performance standards for non-covered entities, which may include coal mines, landfills, wastewater treatment operations, and animal feeding operations. CRS-34 Bill or P.L. Sponsor Short Title Major Actions Key Provisions That Directly Address Climate Change No. H.R. 6316 Doggett Climate Market, Introduced June 19, 2008; Creates a comprehensive GHG cap-and-trade program that would cap emissions from Auction, Trust & referred to the House covered sources at 348 million mtCO2e in 2050; directs EPA to develop regulations that Trade Emissions Ways and Means prevent growth in emissions from non-covered entities; instructs EPA to auction 85% of Reduction System Committee and eight other its emission allowances in 2012, increasing to 100% by FY2020. Act of 2008 committees H.Con.Res. Dicks Expressing the Introduced March 21, Expresses the sense of the Congress that Congress should enact a comprehensive, 96 sense of the 2007; referred to the mandatory, market-based program to slow, stop, and reverse the growth of greenhouse Congress that there House Committee on gas emissions at a rate and in a manner that will not significantly harm the United States should be enacted Energy and Commerce economy, and will encourage comparable action by other nations that are major trading a mandatory partners and key contributors to global emissions. national program to slow, stop, and reverse emissions of greenhouse gases H.Con.Res. Carnahan Expressing the Introduced March 29, Expresses the sense of the Congress that the United States should participate in 104 sense of Congress 2007; referred to the negotiations under the United Nations Framework Convention on Climate Change with regarding the need House Committee on the objective of securing United States participation in binding agreements that advance for the United Foreign Affairs and protect the economic and national security interests of the United States; establish States to address (companion of S.Res. 30) mitigation commitments by all major greenhouse gas emitters; establish flexible global climate international mechanisms to minimize the cost of reduction efforts; and achieve a change through the significant long-term reduction in global greenhouse gas emissions. negotiation of fair and effective Would also establish a bipartisan House observer group to monitor any international international negotiations on climate change; and ensure that the advice and consent function of the commitments Senate is exercised in a manner to facilitate timely consideration of any applicable treaty submitted to the Senate. ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-RL34067