Clean Energy Jobs and American Power Act (Full Text )
Full Text of the Clean Energy Jobs and American Power Act
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111TH CONGRESS
1ST SESSION
S. ll
To create clean energy jobs, promote energy independence, reduce global
warming pollution, and transition to a clean energy economy.
IN THE SENATE OF THE UNITED STATES
llllllllll
Mr. KERRY (for himself and Mrs. BOXER) introduced the following bill; which
was read twice and referred to the Committee on llllllllll
A BILL
To create clean energy jobs, promote energy independence,
reduce global warming pollution, and transition to a
clean energy economy.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
4 (a) SHORT TITLE.—This Act may be cited as the
5 ‘‘Clean Energy Jobs and American Power Act’’.
6 (b) TABLE OF CONTENTS.—The table of contents of
7 this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Economywide emission reduction goals.
Sec. 4. Definitions. 2
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DIVISION A—AUTHORIZATIONS FOR POLLUTION REDUCTION,
TRANSITION, AND ADAPTATION
Sec. 101. Structure of Act.
TITLE I—GREENHOUSE GAS REDUCTION PROGRAMS
Subtitle A—Clean Transportation
Sec. 111. Emission standards.
‘‘PART B—MOBILE SOURCES
‘‘Sec. 821. Greenhouse gas emission standards for mobile sources.
Sec. 112. Greenhouse gas emission reductions through transportation efficiency.
‘‘PART C—TRANSPORTATION EMISSIONS
‘‘Sec. 831. Greenhouse gas emission reductions through transportation efficiency.
Sec. 113. Transportation greenhouse gas emission reduction program grants.
‘‘Sec. 832. Transportation greenhouse gas emission reduction program
grants.
Sec. 114. Smartway transportation efficiency program.
‘‘Sec. 822. SmartWay transportation efficiency program.
Subtitle B—Carbon Capture and Sequestration
Sec. 121. National strategy.
Sec. 122. Regulations for geological sequestration sites.
‘‘Sec. 813. Geological storage sites.
Sec. 123. Studies and reports.
Sec. 124. Performance standards for coal-fueled power plants.
‘‘Sec. 812. Performance standards for new coal-fired power plants.
Sec. 125. Carbon capture and sequestration demonstration and early deployment program.
Subtitle C—Nuclear and Advanced Technologies
Sec. 131. Findings and policy.
Sec. 132. Nuclear worker training.
Sec. 133. Nuclear safety and waste management programs.
Subtitle D—Water Efficiency
Sec. 141. WaterSense.
Sec. 142. Federal procurement of water-efficient products.
Sec. 143. State residential water efficiency and conservation incentives program.
Subtitle E—Miscellaneous
Sec. 151. Office of Consumer Advocacy.
Sec. 152. Clean technology business competition grant program.
Sec. 153. Product carbon disclosure program.
Sec. 154. State recycling programs.
Sec. 155. Supplemental agriculture and forestry greenhouse gas reduction and
renewable energy program.
Sec. 156. Economic Development Climate Change Fund. 3
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‘‘Sec. 219. Economic Development Climate Change Fund.
Sec. 157. Study of risk-based programs addressing vulnerable areas.
Subtitle F—Energy Efficiency and Renewable Energy
Sec. 161. Renewable energy.
Sec. 162. Advanced biofuels.
Sec. 163. Energy efficiency in building codes.
Sec. 164. Retrofit for energy and environmental performance.
Subtitle G—Emission Reductions From Public Transportation Vehicles
Sec. 171. Short title.
Sec. 172. State fuel economy regulation for taxicabs.
Sec. 173. State regulation of motor vehicle emissions for taxicabs.
Subtitle H—Clean Energy and Natural Gas
Sec. 181. Clean Energy and Accelerated Emission Reduction Program.
Sec. 182. Advanced natural gas technologies.
TITLE II—RESEARCH
Subtitle A—Energy Research
Sec. 201. Advanced energy research.
Subtitle B—Drinking Water Adaptation, Technology, Education, and
Research
Sec. 211. Effects of climate change on drinking water utilities.
TITLE III—TRANSITION AND ADAPTATION
Subtitle A—Green Jobs and Worker Transition
PART 1—GREEN JOBS
Sec. 301. Clean energy curriculum development grants.
Sec. 302. Development of Information and Resources clearinghouse for vocational education and job training in renewable energy sectors.
Sec. 303. Green construction careers demonstration project.
PART 2—CLIMATE CHANGE WORKER ADJUSTMENT ASSISTANCE
Sec. 311. Petitions, eligibility requirements, and determinations.
Sec. 312. Program benefits.
Sec. 313. General provisions.
Subtitle B—International Climate Change Programs
Sec. 321. Strategic Interagency Board on International Climate Investment.
Sec. 322. Emission reductions from reduced deforestation.
‘‘PART E—SUPPLEMENTAL EMISSION REDUCTIONS
‘‘Sec. 751. Definitions.
‘‘Sec. 752. Purposes.
‘‘Sec. 753. Emission reductions from reduced deforestation.
Sec. 323. International Clean Energy Deployment Program. 4
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Sec. 324. International climate change adaptation and global security program.
Sec. 325. Evaluation and reports.
Sec. 326. Report on climate actions of major economies.
Subtitle C—Adapting to Climate Change
PART 1—DOMESTIC ADAPTATION
SUBPART A—NATIONAL CLIMATE CHANGE ADAPTATION PROGRAM
Sec. 341. National Climate Change Adaptation Program.
Sec. 342. Climate services.
SUBPART B—PUBLIC HEALTH AND CLIMATE CHANGE
Sec. 351. Sense of Congress on public health and climate change.
Sec. 352. Relationship to other laws.
Sec. 353. National strategic action plan.
Sec. 354. Advisory board.
Sec. 355. Reports.
Sec. 356. Definitions.
SUBPART C—CLIMATE CHANGE SAFEGUARDS FOR NATURAL RESOURCES
CONSERVATION
Sec. 361. Purposes.
Sec. 362. Natural resources climate change adaptation policy.
Sec. 363. Definitions.
Sec. 364. Council on Environmental Quality.
Sec. 365. Natural Resources Climate Change Adaptation Panel.
Sec. 366. Natural Resources Climate Change Adaptation Strategy.
Sec. 367. Natural resources adaptation science and information.
Sec. 368. Federal natural resource agency adaptation plans.
Sec. 369. State natural resources adaptation plans.
Sec. 370. Natural Resources Climate Change Adaptation Account.
Sec. 371. National Fish and Wildlife Habitat and Corridors Information Program.
Sec. 372. Additional provisions regarding Indian tribes.
SUBPART D—ADDITIONAL CLIMATE CHANGE ADAPTATION PROGRAMS
Sec. 381. Water system mitigation and adaption partnerships.
Sec. 382. Flood control, protection, prevention, and response.
Sec. 383. Wildfire.
Sec. 384. Coastal and Great Lakes State adaptation program.
DIVISION B—POLLUTION REDUCTION AND INVESTMENT
TITLE I—REDUCING GLOBAL WARMING POLLUTION
Subtitle A—Reducing Global Warming Pollution
Sec. 101. Reducing global warming pollution.
‘‘TITLE VII—GLOBAL WARMING POLLUTION REDUCTION AND
INVESTMENT PROGRAM
‘‘PART A—GLOBAL WARMING POLLUTION REDUCTION GOALS AND TARGETS5
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‘‘Sec. 701. Findings.
‘‘Sec. 702. Economywide reduction goals.
‘‘Sec. 703. Reduction targets for specified sources.
‘‘Sec. 704. Supplemental pollution reductions.
‘‘Sec. 705. Review and program recommendations.
‘‘Sec. 706. National Academy review.
‘‘Sec. 707. Presidential response and recommendations.
‘‘PART B—DESIGNATION AND REGISTRATION OF GREENHOUSE GASES
‘‘Sec. 711. Designation of greenhouse gases.
‘‘Sec. 712. Carbon dioxide equivalent value of greenhouse gases.
‘‘Sec. 713. Greenhouse gas registry.
‘‘Sec. 714. Perfluorocarbon regulation.
‘‘PART C—PROGRAM RULES
‘‘Sec. 721. Emission allowances.
‘‘Sec. 722. Prohibition of excess emissions.
‘‘Sec. 723. Penalty for noncompliance.
‘‘Sec. 724. Trading.
‘‘Sec. 725. Banking and borrowing.
‘‘Sec. 726. Market Stability Reserve.
‘‘Sec. 727. Permits.
‘‘Sec. 728. International emission allowances.
‘‘PART D—OFFSETS
‘‘Sec. 731. Offsets Integrity Advisory Board.
‘‘Sec. 732. Establishment of offsets program.
‘‘Sec. 733. Eligible project types.
‘‘Sec. 734. Requirements for offset projects.
‘‘Sec. 735. Approval of offset projects.
‘‘Sec. 736. Verification of offset projects.
‘‘Sec. 737. Issuance of offset credits.
‘‘Sec. 738. Audits.
‘‘Sec. 739. Program review and revision.
‘‘Sec. 740. Early offset supply.
‘‘Sec. 741. Environmental considerations.
‘‘Sec. 742. Trading.
‘‘Sec. 743. Office of Offsets Integrity.
‘‘Sec. 744. International offset credits.
Sec. 102. Definitions.
‘‘Sec. 700. Definitions.
Sec. 103. Offset reporting requirements.
Subtitle B—Disposition of Allowances
Sec. 111. Disposition of allowances for global warming pollution reduction program.
‘‘PART H—DISPOSITION OF ALLOWANCES
‘‘Sec. 771. Allocation of emission allowances.
‘‘Sec. 772. Electricity consumers.
‘‘Sec. 773. Natural gas consumers.
‘‘Sec. 774. Home heating oil and propane consumers. 6
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‘‘Sec. 775. Domestic fuel production.
‘‘Sec. 776. Consumer protection.
‘‘Sec. 777. Exchange for State-issued allowances.
‘‘Sec. 778. Auction procedures.
‘‘Sec. 779. Auctioning allowances for other entities.
‘‘Sec. 780. Commercial deployment of carbon capture and sequestration
technologies.
‘‘Sec. 781. Oversight of allocations.
‘‘Sec. 782. Early action recognition.
‘‘Sec. 783. Establishment of Deficit Reduction Fund.
Subtitle C—Additional Greenhouse Gas Standards
Sec. 121. Greenhouse gas standards.
‘‘TITLE VIII—ADDITIONAL GREENHOUSE GAS STANDARDS
‘‘Sec. 801. Definitions.
‘‘PART A—STATIONARY SOURCE STANDARDS
‘‘Sec. 811. Standards of performance.
Sec. 122. HFC regulation.
‘‘Sec. 619. Hydrofluorocarbons (HFCs).
Sec. 123. Black carbon.
‘‘PART E—BLACK CARBON
‘‘Sec. 851. Black carbon.
Sec. 124. States.
Sec. 125. State programs.
‘‘PART F—MISCELLANEOUS
‘‘Sec. 861. State programs.
‘‘Sec. 862. Grants for support of air pollution control programs.
Sec. 126. Enforcement.
Sec. 127. Conforming amendments.
Sec. 128. Davis-Bacon compliance.
Subtitle D—Carbon Market Assurance
Sec. 131. Carbon market assurance.
Subtitle E—Ensuring Real Reductions in Industrial Emissions
Sec. 141. Ensuring real reductions in industrial emissions.
‘‘PART F—ENSURING REAL REDUCTIONS IN INDUSTRIAL EMISSIONS
‘‘Sec. 761. Purposes.
‘‘Sec. 762. Definitions.
‘‘Sec. 763. Eligible industrial sectors.
‘‘Sec. 764. Distribution of emission allowance rebates.
‘‘Sec. 765. International trade.
TITLE II—PROGRAM ALLOCATIONS
Sec. 201. Investment in clean vehicle technology. 7
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Sec. 202. State and local investment in energy efficiency and renewable energy.
Sec. 203. Energy efficiency in building codes.
Sec. 204. Building retrofit program.
Sec. 205. Energy Innovation Hubs.
Sec. 206. ARPA–E research.
Sec. 207. International clean energy deployment program.
Sec. 208. International climate change adaptation and global security.
Sec. 209. Energy efficiency and renewable energy worker training.
Sec. 210. Worker transition.
Sec. 211. State programs for greenhouse gas reduction and climate adaptation.
Sec. 212. Climate Change Health Protection and Promotion Fund.
Sec. 213. Climate change safeguards for natural resources conservation.
Sec. 214. Nuclear worker training.
Sec. 215. Supplemental agriculture, renewable energy, and forestry.
1 SEC. 2. FINDINGS.
2 Congress finds that—
3 (1) the United States can take back control of
4 the energy future of the United States, strengthen
5 economic competitiveness, safeguard the health of
6 families and the environment, and ensure the na-
7 tional security, of the United States by increasing
8 energy independence;
9 (2) creating a clean energy future requires a
10 comprehensive approach that includes support for
11 the improvement of all energy sources, including
12 coal, natural gas, nuclear power, and renewable gen-
13 eration;
14 (3) efficiency in the energy sector also rep-
15 resents a critical avenue to reduce energy consump-
16 tion and carbon pollution, and those benefits can be
17 captured while generating additional savings for con-
18 sumers; 8
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1 (4) substantially increasing the investment in
2 the clean energy future of the United States will
3 provide economic opportunities to millions of people
4 in the United States and drive future economic
5 growth in this country;
6 (5) the United States is responsible for many of
7 the initial scientific advances in clean energy tech-
8 nology, but, as of September 2009, the United
9 States has only 5 of the top 30 leading companies
10 in solar, wind, and advanced battery technology;
11 (6) investment in the clean energy sector will
12 allow companies in the United States to retake a
13 leadership position, and the jobs created by those in-
14 vestments will significantly accelerate growth in do-
15 mestic manufacturing;
16 (7) those opportunities also will result in sub-
17 stantial employment gains in construction, a sector
18 in which the median hourly wage is 17 percent high-
19 er than the national median;
20 (8) those jobs are distributed throughout the
21 United States, and the highest clean energy economy
22 employment growth rates in the last 10 years were
23 in the States of Idaho, Nebraska, South Dakota, Or-
24 egon, and New Mexico; 9
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1 (9) focusing on clean energy will dramatically
2 reduce pollution and significantly improve the health
3 of families in and the environment of the United
4 States;
5 (10) moving to a low-carbon economy must pro-
6 tect the most vulnerable populations in the United
7 States, including low-income families that are par-
8 ticularly affected by volatility in energy prices;
9 (11) if unchecked, the impact of climate change
10 will include widespread effects on health and welfare,
11 including—
12 (A) increased outbreaks from waterborne
13 diseases;
14 (B) more droughts;
15 (C) diminished agricultural production;
16 (D) severe storms and floods;
17 (E) heat waves;
18 (F) wildfires; and
19 (G) a substantial rise in sea levels, due in
20 part to—
21 (i) melting mountain glaciers;
22 (ii) shrinking sea ice; and
23 (iii) thawing permafrost; 10
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1 (12) the most recent science indicates that the
2 changes described in paragraph (11)(G) are occur-
3 ring faster and with greater intensity than expected;
4 (13) military officials, including retired admi-
5 rals and generals, concur with the intelligence com-
6 munity that climate change acts as a threat multi-
7 plier for instability and presents significant national
8 security challenges for the United States;
9 (14) massive portions of the infrastructure of
10 the United States, including critical military infra-
11 structure, are at risk from the effects of climate
12 change;
13 (15) impacts are already being felt in local com-
14 munities within the United States as well as by at-
15 risk populations abroad;
16 (16) the Declaration of the Leaders from the
17 Major Economies Forum on Energy and Climate,
18 representing 17 of the largest economies in the
19 world, recognizes the need to limit the increase in
20 global average temperatures to within 2 degrees
21 Centigrade, as a necessary step to prevent the cata-
22 strophic consequences of climate change; and
23 (17) the United States should lead the global
24 community in combating the threat of global climate
25 change and reaching a robust international agree-11
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1 ment to address global warming under the United
2 Nations Framework Convention on Climate Change,
3 done at New York on May 9, 1992 (or a successor
4 agreement).
5 SEC. 3. ECONOMYWIDE EMISSION REDUCTION GOALS.
6 The goals of this Act and the amendments made by
7 this Act are to reduce steadily the quantity of United
8 States greenhouse gas emissions such that—
9 (1) in 2012, the quantity of United States
10 greenhouse gas emissions does not exceed 97 percent
11 of the quantity of United States greenhouse gas
12 emissions in 2005;
13 (2) in 2020, the quantity of United States
14 greenhouse gas emissions does not exceed 80 percent
15 of the quantity of United States greenhouse gas
16 emissions in 2005;
17 (3) in 2030, the quantity of United States
18 greenhouse gas emissions does not exceed 58 percent
19 of the quantity of United States greenhouse gas
20 emissions in 2005; and
21 (4) in 2050, the quantity of United States
22 greenhouse gas emissions does not exceed 17 percent
23 of the quantity of United States greenhouse gas
24 emissions in 2005. 12
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1 SEC. 4. DEFINITIONS.
2 In this Act:
3 (1) ADMINISTRATOR.—The term ‘‘Adminis-
4 trator’’ means the Administrator of the Environ-
5 mental Protection Agency.
6 (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’
7 has the meaning given the term in section 302 of the
8 Clean Air Act (42 U.S.C. 7602).
9 (3) STATE.—The term ‘‘State’’ has the mean-
10 ing given that term in section 302 of the Clean Air
11 Act (42 U.S.C. 7602).
12 DIVISION A—AUTHORIZATIONS
13 FOR POLLUTION REDUCTION,
14 TRANSITION, AND ADAPTA-
15 TION
16 SEC. 101. STRUCTURE OF ACT.
17 (a) AUTHORIZED AND ALLOCATED PROGRAMS.—The
18 following programs authorized under this division are eli-
19 gible to receive an allocation under title VII of the Clean
20 Air Act:
21 (1) The program for greenhouse gas emission
22 reductions through transportation efficiency under
23 part C of title VIII the Clean Air Act (as added by
24 sections 112 and 113 of this division). 13
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1 (2) The program for nuclear worker training
2 under section 132 of this division and 214 of divi-
3 sion B.
4 (3) State recycling programs under section 154
5 of this division and section 211 of division B.
6 (4) The supplemental agriculture and forestry
7 greenhouse gas reduction and renewable energy pro-
8 gram under section 155 of this division and section
9 215 of division B.
10 (5) The program for energy efficiency in build-
11 ing codes under section 163 of this division and sec-
12 tion 203 of division B.
13 (6) The program for retrofit for energy and en-
14 vironmental performance under section 164 of this
15 division and section 204 of division B.
16 (7) The program for worker transition under
17 part 2 of subtitle A of title III of this division and
18 section 210 of division B.
19 (8) The program for public health and climate
20 change under subpart B of part 1 of subtitle C of
21 title III of this division and section 212 of division
22 B.
23 (9) The program for climate change safeguards
24 for natural resources conservation under subpart C 14
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1 of part 1 of subtitle C of title III of this division and
2 section 213 of division B.
3 (10) The program for emission reductions from
4 reduced deforestation under section 753 of the Clean
5 Air Act (as added by section 322 of this division)
6 and section 771(d) of the Clean Air Act (as added
7 by section 111 of division B.
8 (11) The International Clean Energy Deploy-
9 ment Program under section 323 of this division and
10 section 207 of division B.
11 (12) The international climate change adapta-
12 tion and global security program under 324 of this
13 division and section 208 of division B.
14 (13) The program for water system mitigation
15 and adaptation partnerships under section 381 of
16 this division and section 211 of division B.
17 (14) The program for flood control, protection,
18 prevention, and response under section 382 of this
19 division and section 211 of division B.
20 (15) The program for wildfire under section
21 383 of this division and section 211 of division B.
22 (16) The Coastal and Great Lakes State Adap-
23 tation Program under section 384 of this division
24 and section 211 of division B. 15
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1 (b) ALLOCATED PROGRAMS.—The following alloca-
2 tions are provided under title VII of the Clean Air Act:
3 (1) The Market Stability Reserve Fund under
4 section 726 of the Clean Air Act (as added by sec-
5 tion 101 of division B).
6 (2) The program to ensure real reductions in
7 industrial emissions under part F of title VII of the
8 Clean Air Act (as added by section 141 of division
9 B).
10 (3) The program for electricity consumers pur-
11 suant to section 772 of the Clean Air Act (as added
12 by section 111 of division B).
13 (4) The program for natural gas consumers
14 pursuant to section 773 of the Clean Air Act (as
15 added by section 111 of division B).
16 (5) The program for home heating oil and pro-
17 pane consumers pursuant to section 774 of the
18 Clean Air Act (as added by section 111 of division
19 B).
20 (6) The program for domestic fuel production,
21 including petroleum refiners and small business re-
22 finers, under section 775 of the Clean Air Act (as
23 added by section 111 of division B).
24 (7) The program for climate change consumer
25 refunds and low- and moderate-income consumers 16
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1 pursuant to section 776 of the Clean Air Act (as
2 added by section 111 of division B), including—
3 (A) consumer rebates under section 776(a)
4 of the Clean Air Act (as so added); and
5 (B) energy refunds under section 776(b) of
6 the Clean Air Act (as so added).
7 (8) øThe program for commercial deployment
8 of carbon capture and storage technology under sec-
9 tion 780 of the Clean Air Act (as added by section
10 111 of division B)¿.
11 (9) The program for early action recognition
12 pursuant to section 782 of the Clean Air Act (as
13 added by section 111 of division B).
14 (10) The program for investment in clean vehi-
15 cle technology under section 201 of division B.
16 (11) The program for State and local invest-
17 ment in energy efficiency and renewable energy
18 under section 202 of division B.
19 (12) The program for Energy Innovation Hubs
20 pursuant to section 205 of division B.
21 (13) The program for ARPA–E research pursu-
22 ant to section 206 of division B.
23 (14) The program for energy efficiency and re-
24 newable energy worker training under section 209 of
25 division B. 17
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1 (15) The State programs for greenhouse gas re-
2 duction and climate adaptation pursuant to section
3 211 of division B.
4 (c) NONALLOCATED PROGRAMS.—The following pro-
5 grams are authorized under this division:
6 (1) The SmartWay Transportation Efficiency
7 Program under section 822 of the Clean Air Act (as
8 added by section 114 of this division).
9 (2) The carbon capture and sequestration dem-
10 onstration and early deployment program under sec-
11 tion 125 of this division.
12 (3) The nuclear safety and waste management
13 programs under section 133 of this division.
14 (4) Water efficiency programs under subtitle D
15 of title I of this division.
16 (5) The Office of Consumer Advocacy under
17 section 151 of this division.
18 (6) The clean technology business competition
19 grant program under section 152 of this division.
20 (7) The product carbon disclosure program
21 under section 153 of this division.
22 (8) The Economic Development Climate
23 Change Fund under section 219 of the Public Works
24 and Economic Development Act of 1965 (as added
25 by section 156 of this division). 18
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1 (9) The program for renewable energy under
2 section 161 of this division.
3 (10) The program for advanced biofuels under
4 section 162 of this division.
5 (11) The program for emission reductions from
6 public transportation vehicles under subtitle G of
7 title I of this division.
8 (12) The Clean Energy and Accelerated Emis-
9 sion Reduction Program under section 181 of this
10 division.
11 (13) The program for advanced natural gas
12 technologies under section 182 of this division.
13 (14) The program for advanced energy research
14 under subtitle A of title II of this division.
15 (15) The program for drinking water adapta-
16 tion, technology, education, and research under sub-
17 title B of title II of this division.
18 (16) The program for clean energy curriculum
19 development grants under section 301 of this divi-
20 sion.
21 (17) The program for Development of Informa-
22 tion and Resources clearinghouse for vocational edu-
23 cation and job training in renewable energy sectors
24 under section 302 of this division. 19
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1 (18) The green construction careers demonstra-
2 tion project under section 303 of this division.
3 TITLE I—GREENHOUSE GAS
4 REDUCTION PROGRAMS
5 Subtitle A—Clean Transportation
6 SEC. 111. EMISSION STANDARDS.
7 Title VIII of the Clean Air Act (as added by section
8 121 of division B) is amended by adding at the end the
9 following:
10 ‘‘PART B—MOBILE SOURCES
11 ‘‘SEC. 821. GREENHOUSE GAS EMISSION STANDARDS FOR
12 MOBILE SOURCES.
13 ‘‘(a) NEW MOTOR VEHICLES AND NEW MOTOR VE-
14 HICLE ENGINES.—(1) Pursuant to section 202(a)(1), by
15 December 31, 2010, the Administrator shall promulgate
16 standards applicable to emissions of greenhouse gases
17 from new heavy-duty motor vehicles or new heavy-duty
18 motor vehicle engines, excluding such motor vehicles cov-
19 ered by the Tier II standards (as established by the Ad-
20 ministrator as of the date of the enactment of this sec-
21 tion). The Administrator may revise these standards from
22 time to time.
23 ‘‘(2) Regulations issued under section 202(a)(1) ap-
24 plicable to emissions of greenhouse gases from new heavy-
25 duty motor vehicles or new heavy-duty motor vehicle en-20
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1 gines, excluding such motor vehicles covered by the Tier
2 II standards (as established by the Administrator as of
3 the date of the enactment of this section), shall contain
4 standards that reflect the greatest degree of emissions re-
5 duction achievable through the application of technology
6 which the Administrator determines will be available for
7 the model year to which such standards apply, giving ap-
8 propriate consideration to cost, energy, and safety factors
9 associated with the application of such technology. Any
10 such regulations shall take effect after such period as the
11 Administrator finds necessary to permit the development
12 and application of the requisite technology, and, at a min-
13 imum, shall apply for a period no less than 3 model years
14 beginning no earlier than the model year commencing 4
15 years after such regulations are promulgated.
16 ‘‘(3) Regulations issued under section 202(a)(1) ap-
17 plicable to emissions of greenhouse gases from new heavy-
18 duty motor vehicles or new heavy-duty motor vehicle en-
19 gines, excluding such motor vehicles covered by the Tier
20 II standards (as established by the Administrator as of
21 the date of the enactment of this section), shall supersede
22 and satisfy any and all of the rulemaking and compliance
23 requirements of section 32902(k) of title 49, United
24 States Code. 21
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1 ‘‘(4) Other than as specifically set forth in paragraph
2 (3) of this subsection, nothing in this section shall affect
3 or otherwise increase or diminish the authority of the Sec-
4 retary of Transportation to adopt regulations to improve
5 the overall fuel efficiency of the commercial goods move-
6 ment system.
7 ‘‘(b) NONROAD VEHICLES AND ENGINES.—(1) Pur-
8 suant to section 213(a)(4) and (5), the Administrator
9 shall identify those classes or categories of new nonroad
10 vehicles or engines, or combinations of such classes or cat-
11 egories, that, in the judgment of the Administrator, both
12 contribute significantly to the total emissions of green-
13 house gases from nonroad engines and vehicles, and pro-
14 vide the greatest potential for significant and cost-effective
15 reductions in emissions of greenhouse gases. The Adminis-
16 trator shall promulgate standards applicable to emissions
17 of greenhouse gases from these new nonroad engines or
18 vehicles by December 31, 2012. The Administrator shall
19 also promulgate standards applicable to emissions of
20 greenhouse gases for such other classes and categories of
21 new nonroad vehicles and engines as the Administrator de-
22 termines appropriate and in the timeframe the Adminis-
23 trator determines appropriate. The Administrator shall
24 base such determination, among other factors, on the rel-
25 ative contribution of greenhouse gas emissions, and the 22
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1 costs for achieving reductions, from such classes or cat-
2 egories of new nonroad engines and vehicles. The Adminis-
3 trator may revise these standards from time to time.
4 ‘‘(2) Standards under section 213(a)(4) and (5) ap-
5 plicable to emissions of greenhouse gases from those class-
6 es or categories of new nonroad engines or vehicles identi-
7 fied in the first sentence of paragraph (1) of this sub-
8 section, shall achieve the greatest degree of emissions re-
9 duction achievable based on the application of technology
10 which the Administrator determines will be available at
11 the time such standards take effect, taking into consider-
12 ation cost, energy, and safety factors associated with the
13 application of such technology. Any such regulations shall
14 take effect at the earliest possible date after such period
15 as the Administrator finds necessary to permit the devel-
16 opment and application of the requisite technology, giving
17 appropriate consideration to the cost of compliance within
18 such period, the applicable compliance dates for other
19 standards, and other appropriate factors, including the pe-
20 riod of time appropriate for the transfer of applicable tech-
21 nology from other applications, including motor vehicles,
22 and the period of time in which previously promulgated
23 regulations have been in effect.
24 ‘‘(3) For purposes of this section and standards
25 under section 213(a)(4) or (5) applicable to emissions of 23
O:DECDEC09671.xml [file 2 of 5] S.L.C.
1 greenhouse gases, the term ‘nonroad engines and vehicles’
2 shall include non-internal combustion engines and the ve-
3 hicles these engines power (such as electric engines and
4 electric vehicles), for those non-internal combustion en-
5 gines and vehicles which would be in the same category
6 and have the same uses as nonroad engines and vehicles
7 that are powered by internal combustion engines.
8 ‘‘(c) AVERAGING, BANKING, AND TRADING OF EMIS-
9 SIONS CREDITS.—In establishing standards applicable to
10 emissions of greenhouse gases pursuant to this section and
11 sections 202(a), 213(a)(4) and (5), and 231(a), the Ad-
12 ministrator may establish provisions for averaging, bank-
13 ing, and trading of greenhouse gas emissions credits with-
14 in or across classes or categories of motor vehicles and
15 motor vehicle engines, nonroad vehicles and engines (in-
16 cluding marine vessels), and aircraft and aircraft engines,
17 to the extent the Administrator determines appropriate
18 and considering the factors appropriate in setting stand-
19 ards under those sections. Such provisions may include
20 reasonable and appropriate provisions concerning genera-
21 tion, banking, trading, duration, and use of credits.
22 ‘‘(d) REPORTS.—The Administrator shall, from time
23 to time, submit a report to Congress that projects the
24 amount of greenhouse gas emissions from the transpor-
25 tation sector, including transportation fuels, for the years 24
O:DECDEC09671.xml [file 2 of 5] S.L.C.
1 2030 and 2050, based on the standards adopted under
2 this section.
3 ‘‘(e) GREENHOUSE GASES.—Notwithstanding the
4 provisions of section 711, hydrofluorocarbons shall be con-
5 sidered a greenhouse gas for purposes of this section.’’.
6 SEC. 112. GREENHOUSE GAS EMISSION REDUCTIONS
7 THROUGH TRANSPORTATION EFFICIENCY.
8 (a) ENVIRONMENTAL PROTECTION AGENCY.—Title
9 VIII of the Clean Air Act (as amended by section 111
10 of this division) is amended by adding at the end the fol-
11 lowing:
12 ‘‘PART C—TRANSPORTATION EMISSIONS
13 ‘‘SEC. 831. GREENHOUSE GAS EMISSION REDUCTIONS
14 THROUGH TRANSPORTATION EFFICIENCY.
15 ‘‘(a) IN GENERAL.—The Administrator, in consulta-
16 tion with the Secretary of Transportation (referred to in
17 this part as the ‘Secretary’), shall promulgate, and update
18 from time to time, regulations to establish—
19 ‘‘(1) national transportation-related greenhouse
20 gas emission reduction goals that are commensurate
21 with the emission reduction goals established under
22 the Clean Energy Jobs and American Power Act
23 and amendments made by that Act;
24 ‘‘(2) standardized emission models and related
25 methods, to be used by States, metropolitan plan-25
O:DECDEC09671.xml [file 2 of 5] S.L.C.
1 ning organizations, and air quality agencies to ad-
2 dress emission reduction goals, including—
3 ‘‘(A) the development of surface transpor-
4 tation-related greenhouse gas emission reduc-
5 tion targets pursuant to sections 134 and 135
6 of title 23, and sections 5303 and 5304 of title
7 49, United States Code;
8 ‘‘(B) the assessment of projected surface
9 transportation-related greenhouse gas emissions
10 from transportation strategies;
11 ‘‘(C) the assessment of projected surface
12 transportation-related greenhouse gas emissions
13 from State and regional transportation plans;
14 ‘‘(D) the establishment of surface trans-
15 portation-related greenhouse gas emission base-
16 lines at a national, State, and regional level;
17 and
18 ‘‘(E) the measurement and assessment of
19 actual surface transportation-related emissions
20 to assess progress toward achievement of emis-
21 sion targets at the State and regional level;
22 ‘‘(3) methods for collection of data on transpor-
23 tation-related greenhouse gas emissions; and
24 ‘‘(4) publication and distribution of successful
25 strategies employed by States, metropolitan planning 26
O:DECDEC09671.xml [file 2 of 5] S.L.C.
1 organizations, and other entities to reduce transpor-
2 tation-related greenhouse gas emissions.
3 ‘‘(b) ROLE OF DEPARTMENT OF TRANSPOR-
4 TATION.—The Secretary, in consultation with the Admin-
5 istrator, shall promulgate, and update from time to time,
6 regulations—
7 ‘‘(1) to improve the ability of transportation
8 planning models and tools, including travel demand
9 models, to address greenhouse gas emissions;
10 ‘‘(2) to assess projected surface transportation-
11 related travel activity and transportation strategies
12 from State and regional transportation plans; and
13 ‘‘(3) to update transportation planning require-
14 ments and approval of transportation plans as nec-
15 essary to carry out this section.
16 ‘‘(c) CONSULTATION AND MODELS.—In promul-
17 gating the regulations, the Administrator and the Sec-
18 retary—
19 ‘‘(1) shall consult with States, metropolitan
20 planning organizations, and air quality agencies;
21 ‘‘(2) may use existing models and methodolo-
22 gies if the models and methodologies are widely con-
23 sidered to reflect the best practicable modeling or
24 methodological approach for assessing actual and
25 projected transportation-related greenhouse gas 27
O:DECDEC09671.xml [file 2 of 5] S.L.C.
1 emissions from transportation plans and projects;
2 and
3 ‘‘(3) shall consider previously developed plans
4 that were based on models and methodologies for re-
5 ducing greenhouse gas emissions in applying those
6 regulations to the first approvals after promulgation.
7 ‘‘(d) TIMING.—The Administrator and the Secretary
8 shall—
9 ‘‘(1) publish proposed regulations under sub-
10 sections (a) and (b) not later than 1 year after the
11 date of enactment of this section; and
12 ‘‘(2) promulgate final regulations under sub-
13 sections (a) and (b) not later than 18 months after
14 the date of enactment of this section.
15 ‘‘(e) ASSESSMENT.—
16 ‘‘(1) IN GENERAL.—At least every 6 years after
17 promulgating final regulations under subsections (a)
18 and (b), the Administrator and the Secretary shall
19 jointly assess current and projected progress in re-
20 ducing national transportation-related greenhouse
21 gas emissions.
22 ‘‘(2) REQUIREMENTS.—The assessment shall
23 examine the contributions to emission reductions at-
24 tributable to—
25 ‘‘(A) improvements in vehicle efficiency; 28
O:DECDEC09671.xml [file 2 of 5] S.L.C.
1 ‘‘(B) greenhouse gas performance of trans-
2 portation fuels;
3 ‘‘(C) reductions in vehicle miles traveled;
4 ‘‘(D) changes in consumer demand and use
5 of transportation management systems; and
6 ‘‘(E) any other greenhouse gas-related
7 transportation policies enacted by Congress.
8 ‘‘(3) RESULTS OF ASSESSMENT.—The Sec-
9 retary and the Administrator shall consider—
10 ‘‘(A) the results of the assessment con-
11 ducted under this subsection; and
12 ‘‘(B) based on those results, whether tech-
13 nical or other updates to regulations required
14 under this section and sections 134 and 135 of
15 title 23, and sections 5303 and 5304 of title 49,
16 United States Code, are necessary.’’.
17 (b) METROPOLITAN PLANNING ORGANIZATIONS.—
18 (1) TITLE 23.—Section 134 of title 23, United
19 States Code, is amended—
20 (A) in subsection (a)(1)—
21 (i) by striking ‘‘minimizing’’ and in-
22 serting ‘‘reducing’’; and
23 (ii) by inserting ‘‘, reliance on oil, im-
24 pacts on the environment, transportation- 29
O:DECDEC09671.xml [file 2 of 5] S.L.C.
1 related greenhouse gas emissions,’’ after
2 ‘‘consumption’’;
3 (B) in subsection (h)(1)(E)—
4 (i) by inserting ‘‘sustainability, and
5 livability, reduce surface transportation-re-
6 lated greenhouse gas emissions and reli-
7 ance on oil, adapt to the effects of climate
8 change,’’ after ‘‘energy conservation,’’;
9 (ii) by inserting ‘‘and public health’’
10 after ‘‘quality of life’’; and
11 (iii) by inserting ‘‘, including housing
12 and land use patterns’’ after ‘‘development
13 patterns’’;
14 (C) in subsection (i)—
15 (i) in paragraph (4)(A)—
16 (I) by striking ‘‘consult, as ap-
17 propriate,’’ and inserting ‘‘cooperate’’;
18 (II) by inserting ‘‘transportation,
19 public transportation, air quality, and
20 housing, and shall consult, as appro-
21 priate, with State and local agencies
22 responsible for’’ after ‘‘responsible
23 for’’ and
24 (III) by inserting ‘‘public
25 health,’’ after ‘‘conservation,’’; and 30
O:DECDEC09671.xml [file 2 of 5] S.L.C.
1 (ii) in paragraph (5)(C)(iii), by insert-
2 ing ‘‘and through the website of the metro-
3 politan planning organization, including
4 emission reduction targets and strategies
5 developed under subsection (k)(6), includ-
6 ing an analysis of the anticipated effects of
7 the targets and strategies,’’ after ‘‘World
8 Wide Web’’; and
9 (D) in subsection (k), by adding at the end
10 the following:
11 ‘‘(6) TRANSPORTATION GREENHOUSE GAS RE-
12 DUCTION EFFORTS.—
13 ‘‘(A) IN GENERAL.—Within a metropolitan
14 planning area serving a transportation manage-
15 ment area, the transportation planning process
16 under this section shall address transportation-
17 related greenhouse gas emissions by including
18 emission reduction targets and strategies to
19 meet those targets.
20 ‘‘(B) ELIGIBLE ORGANIZATIONS.—
21 ‘‘(i) MPOS WITHIN TMAS.—All provi-
22 sions and requirements of this section, in-
23 cluding the requirements of the transpor-
24 tation greenhouse gas reduction efforts,
25 shall apply to metropolitan planning orga-31
O:DECDEC09671.xml [file 2 of 5] S.L.C.
1 nizations that also serve as transportation
2 management areas.
3 ‘‘(ii) OTHER MPOS.—A metropolitan
4 planning organization that does not serve
5 as a transportation management area—
6 ‘‘(I) may develop transportation
7 greenhouse gas emission reduction
8 targets and strategies to meet those
9 targets; and
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