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Market-Based Greenhouse Gas Emission Reduction Legislation: 108th Through 118th Congresses

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Market-Based Greenhouse Gas Emission Reduction Legislation: 108th through 116th Congresses

Updated January 29, 2020 (R45472)
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Contents

Summary

Market-Based Greenhouse Gas Emission September 29, 2020 Reduction Legislation: 108th through 116th Jonathan L. Ramseur Congresses Specialist in Environmental Policy Congressional interest in market-based greenhouse gas (GHG) emission control legislation has fluctuated over the past 15 years. During that time, legislation has often involved market-based approaches, such as a cap-and-trade system or a carbon tax or emissions fee program. Both approaches would place a price—directly or indirectly—on GHG emissions or their inputs, namely fossil fuels. Both would increase the price of fossil fuels , and both would reduce GHG emissions to some degree. Both would allow emission sources to choose the best way to meet their emission requirements or reduce costs, potentiallypotentialy by using market forces to minimize national costs of emission reductions. Preference between the two approaches ultimately depends on which variable policymakers prefer to precisely control—emission levels or emission prices.

A primary policy concern with either approach is the economic impacts that may result. Expected energy price increases could have both economy-wide impacts (e.g., on the U.S. gross domestic product) and disproportionate effects on specific industries and particular demographic groups. The degree of these potential effects would depend on a number of factors, including the magnitude, design, and scope of the program and the use of tax or fee revenues or emission allowance values.

As the figurefigure below illustrates, between the 108th and 111th108th and 111th Congresses, most of the introduced bills would have established cap-and-trade systems. Between the 112th and 115th112th and 115th Congresses, most of the introduced bills would have established carbon tax or emissions fee programs. Most of the proposals from the 116th116th Congress would establish a carbon tax or emissions fee program. The proposals range in the scope of emissions covered from CO2CO2 emissions from fossil fuel combustion to multiple GHG GHG emissions from a broader array of sources. In addition, the proposals differ by how, to whom, and for what purpose the fee revenues or allowance value would be applied. Some economic analyses indicate that policy choices to distribute the tax, fee, or emission allowance revenue would yield greater economic impacts than the direct impacts of the carbon price.

Figure 1.Number and Type of Introduced GHG Emission Reduction Bills

108th Congress through 116th Congress

108th Congress through 116th Congress Source: Prepared by CRS.

Notes: "Other Approaches" include (1) proposals that did not specify the overall framework overal framework but would have authorized EPA to establish a GHG emission reduction program and (2) proposals that combine elements from a cap -and-trade system with price control features in a carbon tax or emissions fee system, sometimes described sometimes described as hybrid approaches.

Congressional Research Service Market-Based Greenhouse Gas Emission Reduction Legislation This report includes a separate table for each Congress, comparing GHG emission reduction legislation by the following characteristics:

  • General framework: the proposed program structure and scope in terms of emissions covered, multiple GHG GHG emissions, or just carbon dioxide (CO2) emissions.
  • CO2) emissions.  Covered entities/materials: a list of the industries, sectors, or materials that would be subject to the program.
  • program.  Emissions limit or target: the GHG or CO2CO2 emissions target or cap for a specified year.
  • Distribution of allowance value or tax revenue: how emission allowance value or carbon tax or fee revenue would be distributed.
  • Offset and international allowance treatment: the degree to which offsets and international allowances could be used for compliance purposes and the types of offset activities that would qualify.
  • Mechanism to address carbon-intensive imports: a U.S. GHG reduction program may create a competitive disadvantage for some domestic businesses, particularly carbon-intensive, trade-exposed industries.
  • Additional GHG reduction measures: other mechanisms designed to further reduce GHG emissions that are not covered in the central program.


Introduction

Congressional Research Service link to page 5 link to page 7 link to page 7 link to page 8 link to page 10 link to page 2 link to page 7 link to page 7 link to page 11 link to page 14 link to page 21 link to page 31 link to page 39 link to page 41 link to page 44 link to page 50 link to page 62 link to page 75 Market-Based Greenhouse Gas Emission Reduction Legislation Contents Introduction ................................................................................................................... 1 Background.................................................................................................................... 3 What Is a GHG Emissions Cap-and-Trade System? ........................................................ 3 What Is a Carbon Tax or Emissions Fee? ....................................................................... 4 GHG Emission Reduction Legislation by Congress .............................................................. 6 Figures Figure 1.Number and Type of Introduced GHG Emission Reduction Bills ............................... 2 Figure 2. Number and Type of Market-Based GHG Emission Reduction Bil s Introduced in 108th Congress through 116th Congress ......................................................................... 3 Tables Table 1. GHG Emission Reduction Proposals: 108th Congress ................................................ 7 Table 2. GHG Emission Reduction Proposals: 109th Congress .............................................. 10 Table 3. GHG Emission Reduction Proposals: 110th Congress .............................................. 17 Table 4. GHG Emission Reduction Proposals: 111th Congress .............................................. 27 Table 5. GHG Emission Reduction Proposals: 112th Congress .............................................. 35 Table 6. GHG Emission Reduction Proposals: 113th Congress .............................................. 37 Table 7. GHG Emission Reduction Proposals: 114th Congress .............................................. 40 Table 8. GHG Emission Reduction Proposals: 115th Congress .............................................. 46 Table 9. GHG Emission Reduction Proposals: 116th Congress .............................................. 58 Contacts Author Information ....................................................................................................... 71 Congressional Research Service Market-Based Greenhouse Gas Emission Reduction Legislation Introduction Human activities, particularly fossil fuel combustion and industrial operations, have raised the atmospheric concentration of carbon dioxide (CO2CO2) and other greenhouse gases (GHGs)11 by about 40% over the past 150 years. Almost all al climate scientists agree that these GHG increases have contributed to a warmer climate today and that, if they continue, they will wil contribute to future climate change.22 Although a range of actions that seek to reduce GHG emissions are currently underway or being developed on the international3international3 and subnational level (e.g., individual state actions or regional partnerships),4,4 federal policymakers and stakeholders have different viewpoints over what to do, if anything, about future climate change and related impacts.

Congressional interest in GHG emission control legislation has fluctuated over the last 15 years. Proposals to limit GHG emissions have often focused on market-based approaches, such as a GHG emission cap-and-trade program or a GHG emissions tax (often referred to as a carbon tax) or fee.55 In general, a market-based approach would place a price on GHG emissions (e.g., through an emissions cap or emission tax or fee), allowingal owing covered entities to determine their pathway of compliance.6

compliance.6 This report provides a comparison of the legislative proposals from the 108th108th through the 116th 116th Congresses that were and are designed primarily to reduce GHG emissions using market-based approaches such as cap-and-trade or carbon tax/fee programs. During this time frame, Members introduced multiple energy-related proposals that would have likely resulted in reductions in GHG emissions—legislation that promotes renewable energy7 or encourages carbon capture and sequestration8—but these bills are not discussed in this report.

In addition, starting in the 112th 1 GHGs in the atmosphere trap radiation as heat, warming the Earth’s surface and oceans. T he primary GHGs emitted by human activities (and estimated by EPA in its annual inventories) include CO2, methane, nitrous oxide (N2O), sulfur hexafluoride (SF6), chlorofluorocarbons, hydrofluorocarbons (HFCs), and perfluorocarbons (PFCs). Other GHGs include carbonaceous and sulfuric aerosols, hydrochlorofluorocarbons, and elevated tropospheric ozone pollution generated by emissions of nitrogen oxides and volatile organic compounds, such as solvents. 2 For the latest U.S. assessment of the human contribution to climate change, see Intergovernmental Panel on Climate Change, Global Warm ing of 1.5°C, Special Report, 2018; and U.S. Global Change Research Program, Fourth National Clim ate Assessm ent, vol. II: Im pacts, Risks, and Adaptation in the United States, 2018. See also CRS Report R45086, Evolving Assessm ents of Hum an and Natural Contributions to Clim ate Change , by Jane A. Leggett . 3 Some countries have levied carbon taxes (or something similar) for over 20 years. For a review of carbon prices in other countries, see OECD, Effective Carbon Rates: Pricing CO2 through Taxes and Em issions Trading System s, 2016, http://www.oecd-ilibrary.org/taxation/effective-carbon-rates_9789264260115-en; and the Carbon T ax Center website at http://www.carbontax.org/where-carbon-is-taxed. 4 A number of U.S. states have taken action requiring GHG emission reductions. T he most aggressive actions have come from California and from the Regional Greenhouse Gas Initiative (RGGI)—a coalition of nine states from the Northeast and Mid-Atlantic regions. T he RGGI is a cap-and-trade system that t ook effect in 2009 that applies to CO2 emissions from electric power plants. (See CRS Report R41836, The Regional Greenhouse Gas Initiative: Background, Im pacts, and Selected Issues, by Jonathan L. Ramseur.) California established a cap-and-trade program that took effect in 2013. California’s cap covers multiple GHGs, which account for approximately 85% of California’s GHG emissions. For more details, see the California Air Resources Board website, https://www.arb.ca.gov/cc/capandtrade/capandtrade.htm. In addition to its emissions cap, California has adopted a range of other climate change mitigation policies (e.g., renewable energy portfolio stan dards). 5 Other approaches may include performance-based or technology-based standards (e.g., best available control technology). See CRS Report R41973, Clim ate Change: Conceptual Approaches and Policy Tools, by Jane A. Leggett . 6 T he 1990 Clean Air Act Amendments established a market -based cap-and-trade program to control the air emissions (sulfur dioxide and nitrogen oxides) that lead to acid rain. Although controversial at its inception, the progra m is widely considered a success. See, for example, Gabriel Chan et al., The SO2 Allowance Trading System and the Clean Air Act Am endm ents of 1990: Reflections on Twenty Years of Policy Innovation , Harvard Environmental Economics Program, 2012, https://www.belfercenter.org/sites/default/files/legacy/files/so2-brief_digital4_final.pdf. Congressional Research Service 1 link to page 7 Market-Based Greenhouse Gas Emission Reduction Legislation GHG emissions—legislation that promotes renewable energy7 or encourages carbon capture and sequestration8—but these bil s are not discussed in this report. In addition, starting in the 112th Congress, some Members have introduced resolutions in the Congress, some Members have introduced resolutions in the House and Senate expressing the view that a carbon tax is not in the economic interests of the United States. In September 2018, the House passed a resolution "expressing the sense of Congress that a carbon tax would be detrimental to the United States economy" (” (H.Con.Res. 119).9 119).9 An analogous resolution was not introduced in the Senate in the 115th Congress.

As Figure 1 illustrates, between the 108th and 111th115th Congress. As Figure 2 il ustrates, between the 108th and 111th Congresses, most of the introduced bills bil s would have established cap-and-trade systems. Between the 112th and 115th112th and 115th Congresses, most of the introduced billsbil s would have established carbon tax or emissions fee programs.

In the 111th111th Congress, Members offered multiple and varied proposals,1010 ultimately resulting in the House passage of H.R. 2454, an economy-wide cap-and-trade bill.11bil .11 A companion bill bil in the Senate (S. 1733) was ordered reported from the Committee on Environment and Public Works, but the bill bil was never brought to the Senate floor for consideration.

In subsequent Congresses, some Members continued to offer GHG emission control legislation, but these proposals saw minimal legislative activity. During that time frame, the U.S. Environmental Protection Agency (EPA) used existing Clean Air Act authorities to promulgate GHG emission standards for key sectors, including the electric power and transportation sectors.12 12 EPA rulemakings in this area—particularly the 2015 Clean Power Plan final rule13rule13 and the 2019 Affordable Clean Energy final rule14rule14—continue to generate interest and debate in Congress.

The proposals from the 116th116th Congress range in their scope of emissions covered from CO2 CO2 emissions from fossil fuel combustion to multiple GHG emissions from a broader array of sources. In addition, the proposals differ by how, to whom, and for what purpose the fee revenues or al owanceor allowance value would be applied. Some economic analyses indicate that policy choices to distribute the tax, fee, or emission allowanceal owance revenue would yield greater economic impacts than the direct impacts of the carbon price.

15 The first section of this report provides background information on cap-and-trade and carbon tax or emission fee programs. The second section compares the GHG emission reduction legislation in each Congress (108th-116th). 7 See CRS In Focus IF10479, The Energy Credit: An Investment Tax Credit for Renewable Energy, by Molly F. Sherlock. 8 See CRS Report R44902, Carbon Capture and Sequestration (CCS) in the United States, by Peter Folger. 9 T he House passed an identical resolution in the 114th Congress (H.Con.Res. 89). 10 See CRS Report R40556, Market-Based Greenhouse Gas Control: Selected Proposals in the 111th Congress, by Larry Parker, Brent D. Yacobucci, and Jonathan L. Ramseur . 11 H.R. 2454 (111th Congress), which was introduced by Representatives Waxman and Markey, would have covered approximately 85% of the U.S. GHG emissions. Although not complete coverage, this approach is typically described as economy-wide. 12 See CRS Report R45204, Vehicle Fuel Economy and Greenhouse Gas Standards: Frequently Asked Questions, by Richard K. Lattanzio, Linda T sang, and Bill Canis. 13 For more details, see CRS Report R44341, EPA’s Clean Power Plan for Existing Power Plants: Frequently Asked Questions, by James E. McCarthy et al. 14 For more details, see CRS Insight IN11142, EPA Repeals the Clean Power Plan and Finalizes Affordable Clean Energy Rule, by Kate C. Shouse and CRS Report R45393, EPA’s Affordable Clean Energy Proposal, by Kate C. Shouse, Jonathan L. Ramseur, and Linda T sang. 15 For more informat ion, see CRS Report R45625, Attaching a Price to Greenhouse Gas Emissions with a Carbon Tax or Em issions Fee: Considerations and Potential Im pacts, by Jonathan L. Ramseur and Jane A. Leggett . Congressional Research Service 2 Market-Based Greenhouse Gas Emission Reduction Legislation Figure 2. Number and Type of Market-Based GHG Emission Reduction Bills Introduced in 108th Congress through 116th Congress Figure 2. Number and Type of Market-Based GHG Emission Reduction Bills Introduced in 108th Congress through 116th Congress

Source: Prepared by CRS.

Notes: "Source: Prepared by CRS. Notes:Other Approaches" include (1) proposals that did not specify the overall framework overal framework but would have provided EPA with the authority to establish a GHG emission reduction program and (2) proposals that combine elements elements from a cap-and-trade system with price control features in a carbon tax or emissions fee system, sometimes described sometimes described as hybrid approaches. Background as hybrid approaches.

The first section of this report provides background information on cap-and-trade and carbon tax or emission fee programs. The second section compares the GHG emission reduction legislation in each Congress (108th-116th).

Background

Over the last 15 years, broad GHG emission reduction legislation has generallygeneral y involved market-based approaches—such as cap-and-trade systems or carbon tax programs—that rely on private sector choices and market forces to minimize the costs of emission reductions and spur innovation.1516 Both carbon tax and emissions cap-and-trade programs would place a price—directly or indirectly—on GHG emissions or their inputs (e.g., fossil fuels), both wouldw ould increase the price of fossil fuels for the consumer, and both would reduce GHG emissions to some degree. Preference between the two approaches ultimately depends on which variable policymakers prefer to precisely control: emission levels or emission prices. As a practical matter, these market-based policies may include complementary or hybrid designs, incorporating elements to increase certainty in price or emissions quantity. For example, legislation could provide mechanisms for adjusting a carbon tax/fee if a targeted range of emissions reductions were not achieved in a given period. Alternatively, legislation could include mechanisms that would bound the range of market prices for a cap-and-trade system's emissions allowancesal owances to improve price certainty.

What Is a GHG Emissions Cap-and-Trade System?

A GHG cap-and-trade system creates an overall overal limit, or cap, on GHG emissions from certain sources. Cap-and-trade programs can vary by the sources covered, which often include major 16 In some instances, legislation would have directed EPA to establish a GHG emissions reduction program with a market -based approach as one option. An alternative approach to a market -based system might involve regulatory directives that require emission performance standards for specific sources or the application of best available control technology. Congressional Research Service 3 link to page 5 Market-Based Greenhouse Gas Emission Reduction Legislation emitting sectors (e.g., power plants and carbon-intensive industries), fuel producers and/or processors (e.g., coal mines or petroleum refineries), or some combination of both.

The emissions cap is partitioned into emission allowances. TypicallyTypical y, in a GHG cap-and-trade system, one emission allowanceal owance represents the authority to emit one metric ton16ton17 of carbon dioxide-equivalent (mtCO2e).17 (mtCO2e).18 The emissions cap creates a new commodity—the emission allowanceal owance. Policymakers may decide to distribute the emission allowancesal owances to covered entities at no cost (based on, for example, previous years' emissions), sell the allowancessel the al owances (e.g., through an auction), or use some combination of these strategies. The distribution of emission allowances is typicallyal owances is typical y a source of significant debate during a cap-and-trade program's development, because the allowances the al owances have monetary value.

At the end of each established compliance period (e.g., a calendar year or multiple years), covered sources submit emission allowancesal owances to an implementing agency to cover the number of tons emitted. If a source did not provide enough allowancesal owances to cover its emissions, the source would be subject to penalties. Covered sources would have a financial incentive to make reductions beyond what is required, because they could (1) sell sel or trade unused emission allowancesal owances to entities that face higher costs to reduce their facility emissions, (2) reduce the number of emission allowanceal owance they need to purchase, or (3) bank them, if allowedal owed, to use in a future year.

The use of emission offsets as a compliance option received attention during debate over cap-and- trade programs. An offset is a measurable reduction, avoidance, or sequestration of GHG emissions from a source not covered by an emission reduction program. Economic analyses of cap-and-trade proposals concluded that offset treatment (i.e., whether or not to allowal ow their use and, if so, to what degree) would have a substantial impact on overall overal program cost. This is because some emissions and sources often not covered in cap-and-trade programs can reduce emissions at a lower cost per ton than many typicallytypical y covered sources. However, the use of offsets generates considerable controversy, primarily over the concern that difficult-to-assess or fraudulent offsets could create uncertainty about the quantity of emission reductions.18

19 In addition, other mechanisms—such as allowanceal owance banking or borrowing—may be included to increase the flexibility of the program and, generallygeneral y, reduce the costs.

What Is a Carbon Tax or Emissions Fee?

In a carbon tax or emissions fee program, policymakers attach a price to GHG emissions or the inputs that create them. A carbon tax/fee on emissions or emissions inputs—namely fossil fuels—would increase the relative price of the more carbon-intensive energy sources. This result is 17 A metric ton is approximately 2,205 pounds. A short ton equals 2,000 pounds. 18 T his term of measure (CO2e) is used because GHGs vary by global warming potential (GWP). GWP is an index developed by the Intergovernmental Panel on Climate Change (IPCC) that allows comparisons of the heat -trapping ability of different gases over a period of time, typically 100 years. Consistent with international GHG reporting requirements, EPA’s most recent GHG inventory (2018) uses the GWP values presented in the IPCC’s 2007 Fourth Assessment Report. For example, based on these GWP values, a ton of methane is 25 times more potent than a ton of CO2 when averaged over a 100-year time frame. T he IPCC has since updated the 100-year GWP estimates, with some increasing and some decreasing. For example, the IPCC 2013 Fifth Assessment Report reported the 100 -year GWP for methane as ranging from 28 to 36. EPA compares the 100-year GWP values in T able 1-3 of its 2018 GHG Inventory. 19 Both the RGGI and California cap-and-trade systems allow offsets as a compliance option (see footnote 4). Congressional Research Service 4 Market-Based Greenhouse Gas Emission Reduction Legislation would increase the relative price of the more carbon-intensive energy sources. This result is expected to spur innovation in less carbon-intensive technologies and stimulate other behavior that may decrease emissions.19

20 Economic modeling indicates that a carbon tax/fee approach could achieve emission reductions, the level of which would depend on the scope and stringency (i.e., tax or fee level) of the program.2021 For example, to address emissions from fossil fuel combustion—76% of total U.S. GHG emissions22GHG emissions21—policymakers could apply a tax/fee to fossil fuels at approximately 3,000 entities, including coal mines, petroleum refineries, and entities required to report natural gas deliveries.22

deliveries.23 A carbon tax/fee would generate a new revenue stream. The magnitude of the revenues would depend on the scope and rate of the tax or fee, the responsiveness of covered entities in reducing their potential emissions, and multiple other market factors. A 2016 Congressional Budget Office study estimated that a $25/ton carbon tax would yield approximately $100 billion bil ion in the first year of the program.23

24 When designing a carbon tax/fee system, one of the more controversial and challengingchal enging questions for policymakers is how, to whom, and for what purpose the new tax or fee revenues could be applied. Congress would face the same issues that would be encountered during a debate over emission allowance emission al owance value distribution in a cap-and-trade system.

When deciding how to allocateal ocate the revenues, policymakers would encounter trade-offs among objectives. The central trade-offs involve minimizing economy-wide costs, lessening the costs borne by specific groups—particularly low-income households and displaced workers or communities—and supporting a range of specific policy objectives.

A primary argument against a carbon tax/fee system (and a cap-and-trade program) is the concern about the economy-wide costs that a carbon price could impose. The potential costs would depend on a number of factors, including the magnitude, design, and use of revenues of the carbon tax or fee.

Others who may oppose a carbon tax system express opposition to federal taxes in general or the possibility that the revenues would enable greater federal spending. Owners of coal resources, in particular, would likely lose asset values under a carbon tax system—as under a cap-and-trade system—to the degree that coal becomes less competitive under the costs of emission reductions.

20 T his differs from a price system that applies to energy content, such as a tax based on British thermal units (Btu). In 1993, President Clinton proposed a deficit reduction package that included a t ax based on energy content, measured in Btu. T he goals of the 1993 Btu tax proposal were to promote energy conservation and raise revenue. At the time, the proposed tax would have generated a new revenue stream of about $30 billion per year. T he proposal was met with strong opposition and was not enacted; Congress ultimately enacted an approximately five-cent-per-gallon increase in the motor fuels taxes. 21 See, for example, Alexander R. Barron et al., “Policy Insights from the EMF 32 Study on U.S. Carbon T a x Scenarios,” Climate Change Economics, vol. 9, no. 1 (2018). 22 EPA, Inventory of U.S. Greenhouse Gas Emissions and Sinks, 1990-2017, April 2019. 23 See T able A-1 in CRS Report R45625, Attaching a Price to Greenhouse Gas Emissions with a Carbon Tax or Em issions Fee: Considerations and Potential Im pacts, by Jonathan L. Ramseur and Jane A. Leggett . 24 Congressional Budget Office, Options for Reducing the Deficit: 2017-2026, 2016. Congressional Research Service 5 Market-Based Greenhouse Gas Emission Reduction Legislation GHG Emission Reduction Legislation by Congress GHG Emission Reduction Legislation by Congress

This section compares GHG emission reduction legislation from the 108th108th Congress to the 116th 116th Congress by including a separate legislative table for each Congress.2425 The tables compare the billsbil s by their overall overal framework, scope, stringency, and selected design elements. Categories of comparison include

  • General framework: the proposed program structure—emissions cap, emissions tax or fee, or some combination of both—and scope in terms of emissions covered (multiple GHG emissions or just CO2 emissions).
  • CO2 emissions).  Covered entities/materials: the industries, sectors, or materials that would be subject to the program.
  • Emissions limit or target: the GHG or CO2CO2 emissions target or cap for a particular year. Some targets/caps would apply only to covered sources; others apply to total U.S. GHG emissions.
  • Distribution of allowance value or tax revenue: how emission allowanceal owance value or carbon tax or fee revenue would be distributed (if applicable).
  • Offset and international allowance treatment: the degree to which offsets and international allowances international al owances could be used for compliance purposes and the types of offset activities that would qualify. Some proposals limit offsets by percentage of required reductions; others limit offsets as a percentage of allowance al owance submissions.
  • Mechanism to address carbon-intensive imports: a central concern with a U.S. GHG reduction program is that it could raise U.S. prices more than goods manufactured abroad, potentially creating a competitive disadvantage for some domestic businesses, particularly carbon-intensive, trade-exposed industries. Policymakers could address these potential impacts in several ways—for example, through border adjustments, tax rebates, or emission allowances al owances provided at no cost to selected industrial sectors.
  • Additional GHG reduction measures: other mechanisms that are designed to further reduce GHG emissions that are not covered in the central program. 25 One GHG emission reduction bill was introduced in the 107th Congress. Senator Jeffords introduced S. 556, which would have amended the Clean Air Act to reduce CO2 emissions from elect ric power plants to below 1990 levels. Congressional Research Service 6 Table 1. GHG Emission Reduction Proposals: 108th Congress Ordered Chronological y by Introduced Date Bill Number, Sponsor, Distribution of Mechanism Introduced Allowance Offset and to Address Additional Date, and Value or International Carbon- GHG Committee or General Covered Emissions Limit or Tax/Fee Allowance Intensive Reduction Floor Action Framework Entities/Materials Target Revenue Treatment Imports Measures S. 139 Cap-and-trade Electric power, industrial, Cap of 5,896 mtCO2e Determined by From 2010 No specific No specific Lieberman system for or commercial entities that for covered sources by the Secretary of through 2015, provision provision Jan. 9, 2003 GHG emissions emit over 10,000 mtCO2e 2010 (equivalent to Commerce; up to 15% of Discharged by from multiple annual y; any refiner or 2000 levels), reduced by al owances submitted unanimous sectors importer of petroleum the level of emissions provided to al owances can consent by the products for transportation from non-covered covered entities at come from Senate Committee use that, when combusted, sources; cap of 5,123 no cost and to the domestic or on Environment wil emit over 10,000 mtCO2e for covered newly established, international and Public Works mtCO2e annual y; and any sources by 2016 nonprofit Climate offsets; after on Oct. 29, 2003 importer or producer of (equivalent to 1990 Change Credit 2015, 10% of HFC, PFC, and SF6 that, levels), reduced by the Corporation, submitted S.Amdt. 2028, when used, wil emit over level of emissions from which may use al owance can which contained 10,000 mtCO2e non-covered sources al owance to help come from similar provisions, energy consumers offsets was not agreed to with increased on Oct. 30, 2003 further reduce GHG emissions that are not covered in the central program.

Table 1. GHG Emission Reduction Proposals: 108th Congress

Ordered Chronologically by Introduced Date

Bill Number, Sponsor, Introduced Date, and Committee or Floor Action

General Framework

Covered Entities/Materials

Emissions Limit or Target

Distribution of Allowance Value or Tax/Fee Revenue

Offset and International Allowance Treatment

Mechanism to Address Carbon-Intensive Imports

Additional GHG Reduction Measures

S. 139
Lieberman
Jan. 9, 2003

Discharged by unanimous consent by the Senate Committee on Environment and Public Works on Oct. 29, 2003

S.Amdt. 2028, which contained similar provisions, was not agreed to on Oct. 30, 2003

Cap-and-trade system for GHG emissions from multiple sectors

Electric power, industrial, or commercial entities that emit over 10,000 mtCO2e annually; any refiner or importer of petroleum products for transportation use that, when combusted, will emit over 10,000 mtCO2e annually; and any importer or producer of HFC, PFC, and SF6 that, when used, will emit over 10,000 mtCO2e

Cap of 5,896 mtCO2e for covered sources by 2010 (equivalent to 2000 levels), reduced by the level of emissions from non-covered sources; cap of 5,123 mtCO2e for covered sources by 2016 (equivalent to 1990 levels), reduced by the level of emissions from non-covered sources

Determined by the Secretary of Commerce; allowances provided to covered entities at no cost and to the newly established, nonprofit Climate Change Credit Corporation, which may use allowance to help energy consumers with increased prices and provide transition assistance to dislocated workers and communities S. 366 Cap-and-trade Fossil-fuel-fired electric Cap on electric power EPA al ocates free No specific No specific No specific Jeffords system for CO2 generating facilities with a emissions of 2.05 bil ion al owances to the provision provision provision Feb. 12, 2003 emissions from capacity of greater than 15 metric tons in 2009 fol owing: power plants; megawatts (equivalent to 1995 60% to also addresses emissions) households to other air al eviate increased pol utants electricity prices (mercury, CRS-7 Bill Number, Sponsor, Distribution of Mechanism Introduced Allowance Offset and to Address Additional Date, and Value or International Carbon- GHG Committee or General Covered Emissions Limit or Tax/Fee Allowance Intensive Reduction Floor Action Framework Entities/Materials Target Revenue Treatment Imports Measures sulfur dioxide, 6% for worker nitrogen oxide) transition assistance dislocated workers and communities

From 2010 through 2015, up to 15% of submitted allowances can come from domestic or international offsets; after 2015, 10% of submitted allowance can come from offsets

No specific provision

No specific provision

S. 366
Jeffords
Feb. 12, 2003

Cap-and-trade system for CO2 emissions from power plants; also addresses other air pollutants (mercury, sulfur dioxide, nitrogen oxide)

Fossil-fuel-fired electric generating facilities with a capacity of greater than 15 megawatts

Cap on electric power emissions of 2.05 billion metric tons in 2009 (equivalent to 1995 emissions)

EPA allocates free allowances to the following:

60% to households to alleviate increased electricity prices

6% for worker transition assistance

20% for renewable energy and energy efficiency

efficiency 10% to electricity generation facilities

facilities 1% for forest sequestration

sequestration 2% for geologic sequestration S. 843 Cap-and-trade Fossil-fuel-fired electric Cap on electric power Al otted to Determined by No specific No specific Carper system for CO2 generating facility that has a emissions of 2006 levels covered sources EPA provision provision Apr. 9, 2003 emissions from capacity of greater than 25 in 2009; lowered to at no cost based electricity megawatts and generates 2001 levels in 2013 on previous year’s sector; also electricity for sale emission levels addresses (minus a reserve other air set aside for new pol utants units) (mercury, sulfur dioxide, nitrogen oxide) H.R. 2042 Directs EPA to Fossil-fuel-fired electric 1990 CO2 levels for No specific No specific No specific No specific Waxman issue generating facility that has a power plants by 2009 provision provision provision provision May 8, 2003 regulations to capacity of greater than 25 meet CO2 megawatts and generates emissions goals; electricity for sale 2% for geologic sequestration

No specific provision

No specific provision

No specific provision

S. 843
Carper
Apr. 9, 2003

Cap-and-trade system for CO2 emissions from electricity sector; also addresses other air pollutants (mercury, sulfur dioxide, nitrogen oxide)

Fossil-fuel-fired electric generating facility that has a capacity of greater than 25 megawatts and generates electricity for sale

Cap on electric power emissions of 2006 levels in 2009; lowered to 2001 levels in 2013

Allotted to covered sources at no cost based on previous year's emission levels (minus a reserve set aside for new units)

Determined by EPA

No specific provision

No specific provision

H.R. 2042
Waxman
May 8, 2003

Directs EPA to issue regulations to meet CO2 emissions goals; may include a market-based CRS-8 Bill Number, Sponsor, Distribution of Mechanism Introduced Allowance Offset and to Address Additional Date, and Value or International Carbon- GHG Committee or General Covered Emissions Limit or Tax/Fee Allowance Intensive Reduction Floor Action Framework Entities/Materials Target Revenue Treatment Imports Measures approach; also addresses other air pol utants (mercury, sulfur dioxide, nitrogen oxide) H.R. 4067 Cap-and-trade Electric power, industrial, 1990 GHG levels for Determined by Up to 15% of No specific No specific Gilchrest system for or commercial entities that covered sources, the Secretary of submitted provision provision Mar. 30, 2004 GHG emissions emit over 10,000 mtCO2e reduced by the level of Commerce; al owances can from multiple annual y; any refiner or emissions from non- al owances come from sectors importer of petroleum covered sources by provided to domestic or products for transportation 2020 covered entities at international use that, when combusted, no cost and to the offsets; if offsets wil emit over 10,000 newly established, account for 15% mtCO2e annual y; and any nonprofit Climate of al owances, at importer or producer of Change Credit least 1.5% must HFC, PFC, and SF6 that, Corporation, come from when used, wil emit over which may use agricultural 10,000 mtCO2e al owance to help sequestration energy consumers with increased prices and provide transition assistance to dislocated workers and communities, among other objectives Source: Prepared by CRS. CRS-9 Table 2. GHG Emission Reduction Proposals: 109th Congress Ordered Chronological y by Introduced Date Bill Number, Sponsor, Introduced Mechanism to Date, and Offset and Address Additional Committee Emissions Distribution of International Carbon- GHG or Floor Covered Limit or Allowance Value or Allowance Intensive Reduction Action General Framework Entities/Materials Target Tax/Fee Revenue Treatment Imports Measures S. 150 Cap-and-trade system for Fossil-fuel-fired Cap on In 2010, EPA al ocates No specific No specific No specific Jeffords CO2 emissions from power electric generating electric free al owance to the provision provision provision Jan. 25, 2005 plants; also addresses other facilities with a power fol owing: air pol utants (mercury, capacity of greater emissions of 60% to households to sulfur dioxide, nitrogen than 15 megawatts 2.05 bil ion al eviate increased oxide) metric tons electricity prices in 2010 6% for worker market-based approach; also addresses other air pollutants (mercury, sulfur dioxide, nitrogen oxide)

Fossil-fuel-fired electric generating facility that has a capacity of greater than 25 megawatts and generates electricity for sale

1990 CO2 levels for power plants by 2009

No specific provision

No specific provision

No specific provision

No specific provision

H.R. 4067
Gilchrest
Mar. 30, 2004

Cap-and-trade system for GHG emissions from multiple sectors

Electric power, industrial, or commercial entities that emit over 10,000 mtCO2e annually; any refiner or importer of petroleum products for transportation use that, when combusted, will emit over 10,000 mtCO2e annually; and any importer or producer of HFC, PFC, and SF6 that, when used, will emit over 10,000 mtCO2e

1990 GHG levels for covered sources, reduced by the level of emissions from non-covered sources by 2020

Determined by the Secretary of Commerce; allowances provided to covered entities at no cost and to the newly established, nonprofit Climate Change Credit Corporation, which may use allowance to help energy consumers with increased prices and provide transition assistance to dislocated workers and communities, among other objectives

Up to 15% of submitted allowances can come from domestic or international offsets; if offsets account for 15% of allowances, at least 1.5% must come from agricultural sequestration

No specific provision

No specific provision

Source: Prepared by CRS.

Table 2. GHG Emission Reduction Proposals: 109th Congress

Ordered Chronologically by Introduced Date

Bill Number, Sponsor, Introduced Date, and Committee or Floor Action

General Framework

Covered Entities/Materials

Emissions Limit or Target

Distribution of Allowance Value or Tax/Fee Revenue

Offset and International Allowance Treatment

Mechanism to Address Carbon-Intensive Imports

Additional GHG Reduction Measures

S. 150
Jeffords
Jan. 25, 2005

Cap-and-trade system for CO2 emissions from power plants; also addresses other air pollutants (mercury, sulfur dioxide, nitrogen oxide)

Fossil-fuel-fired electric generating facilities with a capacity of greater than 15 megawatts

Cap on electric power emissions of 2.05 billion metric tons in 2010

In 2010, EPA allocates free allowance to the following:

60% to households to alleviate increased electricity prices

6% for worker transition assistance

transition assistance 20% for renewable energy and energy efficiency

efficiency 10% to electricity generation facilities

1% for forest sequestration

sequestration 2% for geologic sequestration S. 342 Cap-and-trade system for Electric power, Cap of Determined by the Up to 15% of No specific No specific McCain GHG emissions from industrial, or 5,896 Secretary of submitted provision provision Feb. 10, 2005 multiple sectors commercial entities mtCO2e for Commerce; al owances al owances can that emit over 10,000 covered provided to covered come from mtCO2e annual y; any sources by entities at no cost and domestic or refiner or importer of 2010 to the newly international petroleum products (equivalent established, nonprofit offsets; if offsets for transportation use to 2000 Climate Change Credit account for 15% that, when levels), Corporation, which of al owances, at CRS-10 Bill Number, Sponsor, Introduced Mechanism to Date, and Offset and Address Additional Committee Emissions Distribution of International Carbon- GHG or Floor Covered Limit or Allowance Value or Allowance Intensive Reduction Action General Framework Entities/Materials Target Tax/Fee Revenue Treatment Imports Measures combusted, wil emit reduced by may use al owance to least 1.5% must over 10,000 mtCO2e the level of help energy consumers come from annual y; and any emissions with increased prices agricultural importer or producer from non- and provide transition sequestration of HFC, PFC, and SF6 covered assistance to dislocated that, when used, wil sources workers and emit over 10,000 communities, among mtCO2e other objectives H.R. 759 Cap-and-trade system for Electric power, Cap of Determined by the Up to 15% of No specific No specific Gilchrest GHG emissions from industrial, or 5,896 Secretary of submitted provision provision Feb. 10, 2005 multiple sectors commercial entities mtCO2e for Commerce; al owances al owances can that emit over 10,000 covered provided to covered come from mtCO2e annual y; any sources by entities at no cost and domestic or refiner or importer of 2010 to the newly international petroleum products (equivalent established, nonprofit offsets; if offsets for transportation use to 2000 Climate Change Credit account for 15% that, when levels), Corporation, which of al owances, at combusted, wil emit reduced by may use al owance to least 1.5% must over 10,000 mtCO2e the level of help energy consumers come from annual y; and any emissions with increased prices agricultural importer or producer from non- and provide transition sequestration of HFC, PFC, and SF6 covered assistance to dislocated that, when used, wil sources workers and emit over 10,000 communities, among mtCO2e other objectives H.R. 1451 Directs EPA to issue Fossil-fuel-fired 1990 CO2 No specific provision No specific No specific No specific Waxman regulations to meet CO2 electric generating levels for provision provision provision Mar. 17, 2005 emissions goals; may include facilities that have a power a market-based approach; capacity of greater plants by also addresses other air than 25 megawatts 2010 CRS-11 Bill Number, Sponsor, Introduced Mechanism to Date, and Offset and Address Additional Committee Emissions Distribution of International Carbon- GHG or Floor Covered Limit or Allowance Value or Allowance Intensive Reduction Action General Framework Entities/Materials Target Tax/Fee Revenue Treatment Imports Measures pol utants (mercury, sulfur and generate dioxide, nitrogen oxide) electricity for sale S. 730 EPA determines the Fossil-fuel-fired Cap on No specific provision No specific No specific No specific Leahy framework of the program; electric generating electric provision provision provision Apr. 6, 2005 also addresses other air facilities (no minimum power pol utants (mercury, sulfur threshold) emissions of dioxide, nitrogen oxide) 2.05 bil ion metric tons in 2010 H.R. 1873 Cap-and-trade system for Fossil-fuel-fired Cap on Al otted to covered Determined by No specific No specific Bass CO2 emissions from electric generating electric sources at no cost EPA provision provision Apr. 27, 2005 electricity sector; also facilities that have a power based on previous addresses other air capacity of greater emissions of years emission levels pol utants (mercury, sulfur than 25 megawatts 2006 levels (minus a reserve set dioxide, nitrogen oxide) and generate in 2010; aside for new units) electricity for sale lowered to 2001 levels in 2015 S. 1151 Cap-and-trade system for Electric power, Cap of Determined by the Up to 15% of No specific No specific McCain GHG emissions from industrial, or 5,896 Secretary of submitted provision provision May 26, 2005 multiple sectors commercial entities mtCO2e for Commerce; al owances al owances can that emit over 10,000 covered provided to covered come from mtCO2e annual y; any sources by entities at no cost and domestic or refiner or importer of 2010 to the newly international petroleum products (equivalent established, nonprofit offsets; if offsets for transportation use to 2000 Climate Change Credit account for 15% that, when levels), Corporation, which of al owances, at combusted, wil emit reduced by may use al owance to least 1.5% must over 10,000 mtCO2e the level of help energy consumers come from annual y; and any emissions with increased prices CRS-12 Bill Number, Sponsor, Introduced Mechanism to Date, and Offset and Address Additional Committee Emissions Distribution of International Carbon- GHG or Floor Covered Limit or Allowance Value or Allowance Intensive Reduction Action General Framework Entities/Materials Target Tax/Fee Revenue Treatment Imports Measures importer or producer from non- and provide transition agricultural of HFC, PFC, and SF6 covered assistance to dislocated sequestration that, when used, wil sources workers and emit over 10,000 communities, among mtCO2e other objectives H.R. 2828 Cap-and-trade system for Electric power, Cap of Determined by the Up to 15% of No specific No specific Inslee GHG emissions from industrial, or 5,896 Secretary of submitted provision provision June 9, 2005 multiple sectors commercial entities mtCO2e for Commerce; al owances al owances can that emit over 10,000 covered provided to covered come from mtCO2e annual y; any sources by entities at no cost and domestic or refiner or importer of 2010 to the newly international petroleum products (equivalent established, nonprofit offsets; if offsets for transportation use to 2000 Climate Change Credit account for 15% that, when levels), Corporation, which of al owances, at combusted, wil emit reduced by may use al owance to least 1.5% must over 10,000 mtCO2e the level of help energy consumers come from annual y; and any emissions with increased prices agricultural importer or producer from non- and provide transition sequestration of HFC, PFC, and SF6 covered assistance to dislocated that, when used, wil sources workers and emit over 10,000 communities, among mtCO2e other objectives H.R. 5049 Cap-and-trade system for Emissions from Maintains 20% to electric power, Provides No specific No specific Udal GHG emissions from domestic and existing fossil fuel production, additional provision provision Mar. 29, 2006 multiple sectors, with a imported fossil fuels; emission and energy intensive al owances for price ceiling of $25 per ton emissions from levels; the industries sequestration of carbon, indexed to agricultural, industrial, number of 15% to states for projects inflation and manufacturing al owances worker transition processes, excluding distributed assistance methane from animals based on emissions CRS-13 Bill Number, Sponsor, Introduced Mechanism to Date, and Offset and Address Additional Committee Emissions Distribution of International Carbon- GHG or Floor Covered Limit or Allowance Value or Allowance Intensive Reduction Action General Framework Entities/Materials Target Tax/Fee Revenue Treatment Imports Measures from years 5% to states for energy prior to assistance to low- enactment, income households without 25% to the Department reductions of Energy to support in energy research and subsequent development years 10% to the Department of State to invest in low-emission and emission-free policies 2% for geologic sequestration

No specific provision

No specific provision

No specific provision

S. 342
McCain
Feb. 10, 2005

Cap-and-trade system for GHG emissions from multiple sectors

Electric power, industrial, or commercial entities that emit over 10,000 mtCO2e annually; any refiner or importer of petroleum products for transportation use that, when combusted, will emit over 10,000 mtCO2e annually; and any importer or producer of HFC, PFC, and SF6 that, when used, will emit over 10,000 mtCO2e

Cap of 5,896 mtCO2e for covered sources by 2010 (equivalent to 2000 levels), reduced by the level of emissions from non-covered sources

Determined by the Secretary of Commerce; allowances provided to covered entities at no cost and to the newly established, nonprofit Climate Change Credit Corporation, which may use allowance to help energy consumers with increased prices and provide transition assistance to dislocated workers and communities, among other objectives

Up to 15% of submitted allowances can come from domestic or international offsets; if offsets account for 15% of allowances, at least 1.5% must come from agricultural sequestration

No specific provision

No specific provision

H.R. 759
Gilchrest
Feb. 10, 2005

Cap-and-trade system for GHG emissions from multiple sectors

Electric power, industrial, or commercial entities that emit over 10,000 mtCO2e annually; any refiner or importer of petroleum products for transportation use that, when combusted, will emit over 10,000 mtCO2e annually; and any importer or producer of HFC, PFC, and SF6 that, when used, will emit over 10,000 mtCO2e

Cap of 5,896 mtCO2e for covered sources by 2010 (equivalent to 2000 levels), reduced by the level of emissions from non-covered sources

Determined by the Secretary of Commerce; allowances provided to covered entities at no cost and to the newly established, nonprofit Climate Change Credit Corporation, which may use allowance to help energy consumers with increased prices and provide transition assistance to dislocated workers and communities, among other objectives

Up to 15% of submitted allowances can come from domestic or international offsets; if offsets account for 15% of allowances, at least 1.5% must come from agricultural sequestration

No specific provision

No specific provision

H.R. 1451
Waxman
Mar. 17, 2005

Directs EPA to issue regulations to meet CO2 emissions goals; may include a market-based approach; also addresses other air pollutants (mercury, sulfur dioxide, nitrogen oxide)

Fossil-fuel-fired electric generating facilities that have a capacity of greater than 25 megawatts and generate electricity for sale

1990 CO2 levels for power plants by 2010

No specific provision

No specific provision

No specific provision

No specific provision

S. 730
Leahy
Apr. 6, 2005

EPA determines the framework of the program; also addresses other air pollutants (mercury, sulfur dioxide, nitrogen oxide)

Fossil-fuel-fired electric generating facilities (no minimum threshold)

Cap on electric power emissions of 2.05 billion metric tons in 2010

No specific provision

No specific provision

No specific provision

No specific provision

H.R. 1873
Bass
Apr. 27, 2005

Cap-and-trade system for CO2 emissions from electricity sector; also addresses other air pollutants (mercury, sulfur dioxide, nitrogen oxide)

Fossil-fuel-fired electric generating facilities that have a capacity of greater than 25 megawatts and generate electricity for sale

Cap on electric power emissions of 2006 levels in 2010; lowered to 2001 levels in 2015

Allotted to covered sources at no cost based on previous years emission levels (minus a reserve set aside for new units)

Determined by EPA

No specific provision

No specific provision

S. 1151
McCain
May 26, 2005

Cap-and-trade system for GHG emissions from multiple sectors

Electric power, industrial, or commercial entities that emit over 10,000 mtCO2e annually; any refiner or importer of petroleum products for transportation use that, when combusted, will emit over 10,000 mtCO2e annually; and any importer or producer of HFC, PFC, and SF6 that, when used, will emit over 10,000 mtCO2e

Cap of 5,896 mtCO2e for covered sources by 2010 (equivalent to 2000 levels), reduced by the level of emissions from non-covered sources

Determined by the Secretary of Commerce; allowances provided to covered entities at no cost and to the newly established, nonprofit Climate Change Credit Corporation, which may use allowance to help energy consumers with increased prices and provide transition assistance to dislocated workers and communities, among other objectives

Up to 15% of submitted allowances can come from domestic or international offsets; if offsets account for 15% of allowances, at least 1.5% must come from agricultural sequestration

No specific provision

No specific provision

H.R. 2828
Inslee
June 9, 2005

Cap-and-trade system for GHG emissions from multiple sectors

Electric power, industrial, or commercial entities that emit over 10,000 mtCO2e annually; any refiner or importer of petroleum products for transportation use that, when combusted, will emit over 10,000 mtCO2e annually; and any importer or producer of HFC, PFC, and SF6 that, when used, will emit over 10,000 mtCO2e

Cap of 5,896 mtCO2e for covered sources by 2010 (equivalent to 2000 levels), reduced by the level of emissions from non-covered sources

Determined by the Secretary of Commerce; allowances provided to covered entities at no cost and to the newly established, nonprofit Climate Change Credit Corporation, which may use allowance to help energy consumers with increased prices and provide transition assistance to dislocated workers and communities, among other objectives

Up to 15% of submitted allowances can come from domestic or international offsets; if offsets account for 15% of allowances, at least 1.5% must come from agricultural sequestration

No specific provision

No specific provision

H.R. 5049
Udall
Mar. 29, 2006

Cap-and-trade system for GHG emissions from multiple sectors, with a price ceiling of $25 per ton of carbon, indexed to inflation

Emissions from domestic and imported fossil fuels; emissions from agricultural, industrial, and manufacturing processes, excluding methane from animals

Maintains existing emission levels; the number of allowances distributed based on emissions from years prior to enactment, without reductions in subsequent years

20% to electric power, fossil fuel production, and energy intensive industries

15% to states for worker transition assistance

5% to states for energy assistance to low-income households

25% to the Department of Energy to support energy research and development

10% to the Department of State to invest in low-emission and emission-free policies in developing countries

in developing countries 25% to the Department of the Treasury to be sold at auction with the proceeds deposited in the Treasury S. 2724 Cap-and-trade system for Fossil-fuel-fired 2001 CO2 Al otted to covered Determined by No specific No specific Carper CO2 emissions from electric generating emission sources based on EPA provision provision May 4, 2006 electricity sector; also facilities that have a levels by previous years emission addresses other air capacity of greater 2015 levels pol utants (mercury, sulfur than 25 megawatts dioxide, nitrogen oxide) and generate electricity for sale H.R. 5642 Cap-and-trade system for Determined by EPA 1990 GHG Determined by the No specific No specific EPA to Waxman GHG levels for President based on plan provision provision promulgate June 20, 2006 covered submitted to Congress; additional sources by sel via auction and regulations to 2020; 80% distribute to non- reduce GHG below 1990 covered sources to emissions, CRS-14 Bill Number, Sponsor, Introduced Mechanism to Date, and Offset and Address Additional Committee Emissions Distribution of International Carbon- GHG or Floor Covered Limit or Allowance Value or Allowance Intensive Reduction Action General Framework Entities/Materials Target Tax/Fee Revenue Treatment Imports Measures levels by achieve specified goals: including 2050 maximize public performance benefit, mitigate energy standards, costs to consumers, efficiency provide worker standards, transition assistance, technology among others requirements, among others; directs Department of Energy to promulgate renewable portfolio standards S. 3698 Directs EPA to issue Determined by EPA 1990 GHG Determined by EPA; No specific No specific Directs EPA to Jeffords regulations to meet GHG levels by al owances to covered provision provision; issue CO2 July 20, 2006 emissions goals; may include 2020; 80% entities; remaining al owances may emissions a market-based approach below1990 al owances to be al otted to standards for levels by households, companies that vehicles and 2050 communities, and other experience CO2 emissions groups for various disproportionate standards for objectives impacts from new power lower-carbon plants, create economy low-carbon electricity generation standards and trading program, promulgate CRS-15 Bill Number, Sponsor, Introduced Mechanism to Date, and Offset and Address Additional Committee Emissions Distribution of International Carbon- GHG or Floor Covered Limit or Allowance Value or Allowance Intensive Reduction Action General Framework Entities/Materials Target Tax/Fee Revenue Treatment Imports Measures electricity efficiency standards, and establish renewable energy portfolio standards S. 4039 Cap-and-trade system for Determined by EPA 1990 GHG Determined by the No specific No specific No specific Kerry GHG emissions through a rulemaking levels for President; Congress provision provision provision Sept. 29, 2006 process covered may enact alternative sources by plan within one year 2020 Source: Prepared by CRS. CRS-16 Table 3. GHG Emission Reduction Proposals: 110th Congress Ordered Chronological y by Introduced Date Bill Number, Sponsor, Introduced Mechanism to Date, and Distribution of Offset and Address Committee Emissions Allowance Value International Carbon- Additional GHG or Floor General Covered Limit or or Tax/Fee Allowance Intensive Reduction Action Framework Entities/Materials Target Revenue Treatment Imports Measures S. 280 Cap-and-trade Electric power, 1990 GHG Determined by EPA Up to 15% of No specific No specific provision Lieberman system for GHG industrial, or levels for submitted provision Jan. 12, 2007 emissions from commercial entities that covered al owances can multiple sectors emit over 10,000 sources by come from mtCO2e annual y; any 2020, domestic or refiner or importer of reduced by international petroleum products for the level of offsets; if offsets transportation use that, emissions account for 15% when combusted, wil from non- of al owances, at emit over 10,000 covered least 1.5% must mtCO2e annual y; and sources come from any importer or agricultural producer of HFC, PFC, sequestration and SF6 that, when used, wil emit over 10,000 mtCO2e S. 309 Determined by Determined by EPA 1990 GHG Determined by EPA No specific No specific GHG emission Sanders EPA, but must be through a rulemaking levels for al provision provision standards for Jan. 16, 2007 a market-based process sources by vehicles, new electric program for 2020 power plants, and an GHG emissions energy efficiency performance standard S. 317 Cap-and-trade Fossil-fuel-fired electric 5% below Initial y provided to Up to 25% of No specific No specific provision Feinstein system for GHG generating facilities with 2001 GHG covered entities at required provision Jan. 17, 2007 emissions from a capacity of greater levels for no cost; percentage reductions may electricity sector than 25 megawatts electric of al owances sold be achieved with via auction gradual y EPA-approved CRS-17 Bill Number, Sponsor, Introduced Mechanism to Date, and Distribution of Offset and Address Committee Emissions Allowance Value International Carbon- Additional GHG or Floor General Covered Limit or or Tax/Fee Allowance Intensive Reduction Action Framework Entities/Materials Target Revenue Treatment Imports Measures generators by increases: by 2036, international 2020 100% sold via credits auction; activities funded by auction revenues include technology development and energy efficiency H.R. 620 Cap-and-trade Electric power, 1990 GHG Determined by EPA Up to 15% of No specific No specific provision Olver system for GHG industrial, or levels for al owance provision Jan. 22, 2007 emissions from commercial entities that covered submission can multiple sectors emit over 10,000 sources by come from mtCO2e annual y; any 2020, domestic and/or refiner or importer of reduced by international petroleum products for the level of offsets transportation use that, emissions when combusted, wil from non- emit over 10,000 covered mtCO2e annual y; and sources any importer or producer of HFCs, PFCs, or SF6 that, when used, wil emit over 10,000 mtCO2e S. 485 Cap-and-trade Determined by EPA 1990 GHG Determined by the No specific No specific No specific provision Kerry system for GHG through a rulemaking levels for President; Congress provision provision Feb. 1, 2007 emissions process covered may enact sources by alternative plan 2020 within one year CRS-18 Bill Number, Sponsor, Introduced Mechanism to Date, and Distribution of Offset and Address Committee Emissions Allowance Value International Carbon- Additional GHG or Floor General Covered Limit or or Tax/Fee Allowance Intensive Reduction Action Framework Entities/Materials Target Revenue Treatment Imports Measures H.R. 1590 Cap-and-trade Determined by EPA 1990 GHG Determined by the No specific No specific GHG emission Waxman system for GHG through a rulemaking levels for al President; Congress provision provision standards for Mar. 20, 2007 emissions process sources by may enact vehicles, energy 2020 alternative plan efficiency standards, within one year renewable portfolio standards H.R. 2069 Tax starting at Manufacturers, Tax rate No specific NA No specific No specific provision Stark $10/short ton of producers, or freeze if CO2 provision provision Apr. 26, 2007 carbon content importers who sel a emissions do in taxable fuels, taxable fuel, which not exceed which equates to includes coal, 20% of U.S. approximately petroleum and 1990 CO2 $2.70/tCO2 petroleum products, emissions by emissions and natural gas 2020 The rate increases $10 per year (in nominal dol ars) S. 1766 Cap-and-trade Petroleum refineries, 1990 GHG In 2012, 53% of Unlimited use of International No specific provision Bingaman system for GHG natural gas processing levels for al owances al ocated domestic offsets; reserve July 11, 2007 emissions from plants, and imports of covered to covered and international al owances must multiple sectors petroleum products, sources by certain industrial offsets limited to accompany with al owance coke, or natural gas; 2020 entities 10% of a imports of any price ceiling: in entities that consume 23% al ocated to regulated entity’s covered GHG 2012, $12/ton, more than 5,000 tons of states and for emissions target intensive goods increasing by 5% coal a year; importers sequestration and and primary annual y plus of HFCs, PFC, SF6, early reduction products to the inflation N2O, or products activities United States containing such Least developed compounds, and adipic 24% are auctioned nations or those acid and nitric acid to fund low-income that contribute CRS-19 Bill Number, Sponsor, Introduced Mechanism to Date, and Distribution of Offset and Address Committee Emissions Allowance Value International Carbon- Additional GHG or Floor General Covered Limit or or Tax/Fee Allowance Intensive Reduction Action Framework Entities/Materials Target Revenue Treatment Imports Measures plants, aluminum assistance, carbon no more than smelters, and facilities capture and storage, 0.5% of global that emit HFCs as a and adaptation emissions are byproduct of HCFC activities excluded production The percentage auctioned increases steadily, reaching 53% by 2030 H.R. 3416 Tax on CO2 Manufacturers, No specific In first year (2008), Al ows for No specific No specific provision Larson content on fossil producers, or provision approximately 76% domestic offset provision other Aug. 3, 2007 fuels, starting at importers of coal, would support a projects (as than direct $15/short ton petroleum, and natural payrol tax rebate prescribed by the assistance to CO2 emissions, gas 16% would fund Secretary of the affected increasing by clean energy Treasury) to be industries 10% annual y technology submitted as tax (determined by plus inflation credits or tax the Secretaries 8% would support refunds of the Treasury affected industry and Labor) transition assistance (declining to zero by 2017) H.R. 4226 Cap-and-trade Electric power, 85% of 2006 Determined by EPA Up to 15% of The President No specific provision Gilchrest system for GHG industrial, or GHG levels al owance may establish a Nov. 15, 2007 emissions from commercial entities that from covered submission can program to multiple sectors emit over 10,000 sources, come from require A Carbon mtCO2e annual y; reduced by domestic and/or importers to pay Market Efficiency refiners or importers of the level of international the value of Board may petroleum products for emissions offsets GHGs emitted implement cost- transportation use that, from non- during the relief measures when combusted, wil covered production of emit over 10,000 goods or mtCO2e annual y; and services CRS-20 Bill Number, Sponsor, Introduced Mechanism to Date, and Distribution of Offset and Address Committee Emissions Allowance Value International Carbon- Additional GHG or Floor General Covered Limit or or Tax/Fee Allowance Intensive Reduction Action Framework Entities/Materials Target Revenue Treatment Imports Measures importers or producers sources by imported into of HFCs, PFCs, or SF6 2020 the United that, when used, wil States from emit over 10,000 countries that mtCO2e have no comparable emission restrictions to those of the United States S. 2191 Cap-and-trade Producers or importers Emission cap In 2012: 40% of Up to 15% of International Low carbon fuel Lieberman system for GHG of petroleum or coal- for covered al owances al ocated al owance reserve standard for Oct. 18, 2007 emissions from based liquid or gaseous sources in to covered electric requirement may al owances must transportation fuels Ordered multiple sectors fuel that emits GHGs, 2020 is 4.924 utilities, industrial be achieved accompany reported by the or facilities that bil ion tCO2e facilities, and coops through domestic imports of any Senate produce or import (19% below 9% al ocated to offsets; covered GHG- Committee on more than 10,000 2005 levels states for international intensive goods Environment mtCO2e of GHG for covered conservation, extra offsets can satisfy and primary and Public chemicals annual y; sources) reductions, and an additional 15% products to the Works on Dec. facilities that use more other activities United States 5, 2007 than 5,000 tons of coal Least developed annual y; natural gas 11.5% for various nations or those processing plants or sequestration that contribute importers (including activities no more than liquid natural gas 10% al ocated for 0.5% of global [LNG]); or facilities that electricity consumer emissions are emit more than 10,000 assistance excluded mtCO2e of HFCs 5% for early annual y as a byproduct reductions of HFC production 0.5% for tribal governments CRS-21 Bill Number, Sponsor, Introduced Mechanism to Date, and Distribution of Offset and Address Committee Emissions Allowance Value International Carbon- Additional GHG or Floor General Covered Limit or or Tax/Fee Allowance Intensive Reduction Action Framework Entities/Materials Target Revenue Treatment Imports Measures 18% (plus an early auction of 6%) auctioned to fund technology deployment, carbon capture and storage, low-income and rural assistance, and adaptation activities S. 3036 Cap-and-trade Producers or importers Emission cap A share of Up to 15% of International Low carbon fuel Boxer system for GHG of petroleum- or coal- for covered al owances are al owance reserve standard for May 20, 2008 emissions from based liquid or gaseous sources in auctioned for deficit requirement may al owances must transportation fuels S.Amdt. 4825 multiple sectors fuel that emits GHGs, 2020 is 4.924 reduction increasing be achieved accompany (in the nature of A Carbon or facilities that bil ion tCO2e from 6.1% in 2012 through domestic imports of any substitute) failed Market Efficiency produce or import (19% below to 15.99% in 2031 offsets; covered GHG- a cloture motion Board may more than 10,000 2005 levels and thereafter international intensive goods on June 6, 2008 implement cost- mtCO2e of GHG for covered The “remainder al owances can and primary relief measures if chemicals annual y; sources) al owances” are satisfy an products to the necessary facilities that use more distributed in 2012 additional 15% United States than 5,000 tons of coal (adjusted in future Least developed annual y; natural gas years) as fol ows: nations or those processing plants or that contribute importers (including 38% of al owances no more than LNG); or facilities that to covered electric 0.5% of global emit more than 10,000 utilities, industrial emissions are mtCO facilities, and co-ops 2e of HFCs excluded annual y as a byproduct 10.5% to states for of HFC production conservation, extra reductions, and other activities CRS-22 Bill Number, Sponsor, Introduced Mechanism to Date, and Distribution of Offset and Address Committee Emissions Allowance Value International Carbon- Additional GHG or Floor General Covered Limit or or Tax/Fee Allowance Intensive Reduction Action Framework Entities/Materials Target Revenue Treatment Imports Measures 7.5% for various sequestration activities 11% al ocated for electricity and natural gas consumer assistance 5% for early reductions 0.5% for tribal governments 1% for methane reduction projects 21.5% (plus an early auction of 5%) auctioned to fund technology deployment, carbon capture and storage, low income and rural assistance, and adaptation activities, as wel as program management H.R. 6186 Cap-and-trade Electric power or Emission cap Between 2012 and Up to 15% of International EPA to develop Markey system for GHG industrial facilities that for covered 2019, 6% of al owance reserve emission June 4, 2008 emissions from emit over 10,000 sources in al owances would requirement may al owances must performance multiple sectors mtCO2e; producers or 2020 is 4.983 be distributed to be achieved accompany standards for certain importers of petroleum bil ion tCO2e manufacturers of through domestic imports of any non-covered entities or coal-based liquid offsets; covered GHG products that, when international intensive goods CRS-23 Bill Number, Sponsor, Introduced Mechanism to Date, and Distribution of Offset and Address Committee Emissions Allowance Value International Carbon- Additional GHG or Floor General Covered Limit or or Tax/Fee Allowance Intensive Reduction Action Framework Entities/Materials Target Revenue Treatment Imports Measures combusted, wil emit “trade-exposed offsets or and primary that exceed 10,000 over 10,000 mtCO2e primary goods” al owances can products to the tCO2e per year annual y; local Remaining 94% satisfy an United States Low-carbon fuel distribution companies auctioned (100% by additional 15% Least developed standard for that deliver natural gas 2020), with nations or those transportation fuels that, when combusted, revenues distributed that contribute wil emit over 10,000 Performance (in FY2010-FY2019) no more than tCO standard for certain 2e annual y; as fol ows: 0.5% of global producers or importers coal-fired power emissions are of HFCs, PFCs, SF 58.5% to middle- plants to capture and 6, or excluded NF and low-income geological y sequester 3 that, when used, wil emit over 10,000 households as tax not less than 85% of mtCO credits and/or their CO2 emissions 2e; sites at which CO rebates 2 is geological y sequestered on a 12.5% for commercial scale development and promotion of low-carbon technology 12.5% for energy efficiency programs 4.5% for biological sequestration 1.5% for worker transition assistance 2% for domestic adaptation efforts 1.5% for protection of natural resources 1.5% for international forest protection CRS-24 Bill Number, Sponsor, Introduced Mechanism to Date, and Distribution of Offset and Address Committee Emissions Allowance Value International Carbon- Additional GHG or Floor General Covered Limit or or Tax/Fee Allowance Intensive Reduction Action Framework Entities/Materials Target Revenue Treatment Imports Measures 3.5% for international clean technology 2% for international adaptation efforts H.R. 6316 Cap-and-trade Producers or importers Emission cap In 2012, 5% of the Up to 10% of International EPA to promulgate Doggett system for GHG of petroleum- or coal- for covered al owances are al owance reserve regulations that June 19, 2008 emissions from based liquid or gaseous sources in al ocated to electric requirement may al owances must address emissions in multiple sectors fuel that emits GHGs, 2020 is 6.087 generators; 10% are be achieved accompany uncovered sectors A Carbon or facilities that bil ion al ocated to energy through domestic imports of any Market Efficiency produce or import mtCO2e intensive industries offsets; covered GHG- Board may more than 10,000 Remaining international intensive goods implement cost- mtCO2e of GHG al owances are al owances can and primary relief measures chemicals annual y; auctioned with satisfy an products to the facilities that use more revenues used for additional 15% United States than 5,000 tons of coal the fol owing: Least developed annual y; natural gas nations or those processing plants or 54% for consumer that contribute importers (including assistance (66% of no more than LNG); or, facilities that which goes towards 0.5% of global emit more than 10,000 providing health emissions are mtCO insurance coverage, 2e of HFCs excluded annual y as a byproduct the remainder for of HFC production rebates and tax relief) 15% of revenues for deficit reduction 11.4% for international activities CRS-25 Bill Number, Sponsor, Introduced Mechanism to Date, and Distribution of Offset and Address Committee Emissions Allowance Value International Carbon- Additional GHG or Floor General Covered Limit or or Tax/Fee Allowance Intensive Reduction Action Framework Entities/Materials Target Revenue Treatment Imports Measures 7.5% for energy efficiency 7% for natural resource adaptation 7% for green energy research 4% for worker assistance 3% for forestry and agricultural activities 2.7% for states and tribes 2% for transportation alternatives 1% for early action 0.4% for education Source: Prepared by CRS. CRS-26 Table 4. GHG Emission Reduction Proposals: 111th Congress Ordered Chronological y by Introduced Date Bill Number, Sponsor, Mechanism to Introduced Distribution of Offset and Address Date, and Emissions Allowance Value International Carbon- Committee or General Covered Limit or or Tax/Fee Allowance Intensive Additional GHG Floor Action Framework Entities/Materials Target Revenue Treatment Imports Reduction Measures H.R. 594 Tax on CO2 Manufacturers, Tax freezes if No specific NA No specific No specific provision Stark content in fossil producers, or CO2 provision provision Jan. 15, 2009 fuels, starting at importers who sel a emissions do $10/short ton, taxable fuel, which not exceed increasing by $10 includes coal, 20% of U.S. per year petroleum and 1990 CO2 petroleum products, emissions by and natural gas 2020 H.R. 1337 Tax on CO2 Manufacturers, EPA is to In first year: Instructs Department of No specific provision Larson content in fossil producers, or establish 76% would support Department of the Treasury Mar. 5, 2009 fuels, starting at importers of coal, (within five a payrol tax rebate the Treasury (in imposes a $15/short ton, petroleum, and natural years after consultation with carbon increasing by $10 gas enactment) 16% would fund Department of equivalency fee each year annual CO clean energy 2 Energy) to submit on imported emissions target emission technology a report of carbon-intensive is not met targets in 8% would support qualified offset goods, including order to affected industry projects but does steel, aluminum, reach goal of transition assistance not al ow for and paper; fee 80% below (declining to zero by projects to based on 2005 CO2 2017) generate tax emissions emissions by credits associated with 2050 production of carbon-intensive goods H.R. 1666 Cap-and-trade Not explicitly defined Target of 4.9 Oversight board No specific No specific No specific provision Doggett system for GHG bil ion administers auctions provision provision Mar. 23, 2009 emissions, with mtCO2e for to manage the an oversight covered al owance price board to manage path; precise use of CRS-27 Bill Number, Sponsor, Mechanism to Introduced Distribution of Offset and Address Date, and Emissions Allowance Value International Carbon- Committee or General Covered Limit or or Tax/Fee Allowance Intensive Additional GHG Floor Action Framework Entities/Materials Target Revenue Treatment Imports Reduction Measures price path entities by auction revenues is between 2012 2020 not specified and 2019 H.R. 1683 Hybrid cap/tax Coal producers, 25% below Establishes trust No specific Department of No specific provision McDermott system for GHG petroleum refineries; 2005 GHG fund that would provision the Treasury Mar. 24, 2009 emissions: producers of other emissions by receive imposes a GHG covered persons GHG emission 2020 appropriations equal emission permit must purchase substances (including to revenue received equivalency fee an emission natural gas, among by sel ing emission on imported permit from the others); importers of permits carbon-intensive Department of GHG emission Precise use of the goods, including the Treasury substances revenue is not steel, aluminum, when a “GHG specified and paper emission substance” is produced or enters the United States; permits may not be sold or exchanged; price for emission permits based on achieving annual emission targets H.R. 1862 Cap-and-trade Person who makes the 25% below 100% of al owances No specific Department of No specific provision Van Hol en system for CO2 first sale in United 2005 CO2 sold via auction; provision the Treasury Apr. 1, 2009 emissions from States of coal, oil, emissions by proceeds used to imposes a multiple sectors natural gas, and any 2020 fund consumer carbon fossil-fuel-derived dividend payments; equivalency fee products used as a each month, every on imported combustible fuel person with a Social carbon-intensive Security number goods, including CRS-28 Bill Number, Sponsor, Mechanism to Introduced Distribution of Offset and Address Date, and Emissions Allowance Value International Carbon- Committee or General Covered Limit or or Tax/Fee Allowance Intensive Additional GHG Floor Action Framework Entities/Materials Target Revenue Treatment Imports Reduction Measures would receive an steel, aluminum, equal payment and paper H.R. 2380 Tax on fossil Manufacturers, No specific Tax revenue used No specific Imposes a tax on No specific provision Inglis fuels, starting at producers, or provision to offset a provision “imported May 13, 2009 $15/short ton of importers of coal, corresponding taxable CO2 emissions, petroleum, and natural reduction in payrol products” in and increasing by gas tax rates (employee, relation to fossil approximately employer, and self- fuels used or the 6.5% each year, employed) CO2 emissions plus cost-of- generated during living the product’s adjustments manufacturing process H.R. 2454 Cap-and-trade Electricity generators, 17% below Emission al owance In 2016, Energy-intensive, Establishes a separate Waxman-Markey system for GHG various fuel producers 2005 value distributed (as approximately trade-exposed cap-and-trade program May 15, 2009 emissions from and importers, emissions no-cost al owances 27% of an entity’s industries to that controls HFC Reported by the multiple sectors fluorinated gas from covered or auction revenue) al owance receive emissions Committee on producers and sources by in the fol owing obligation can be al owances at no Directs EPA to Energy and importers, geological 2020 manner in 2016: satisfied with cost until phased establish emission Commerce on June sequestration sites, 30% (at minimum) offsets; this out in mid- performance standards 5, 2009 various industrial to electricity LDCs; percentage 2030s; and for select sources not sources, and local increases to 36% Passed the House 0.5% for smal EPA to covered by the distribution companies by 2030 on June 26, 2009 electric LDCs; 9% promulgate rules emissions cap (LDCs) that deliver to natural gas LDCs; Up to half of an establishing an For more natural gas 1.5% to states for entity’s offsets international information, see Covered entity home-heating oil can come from reserve CRS Report coverage is phased in by consumers domestic sources al owance R40643, category so that al of and up to half system for any Greenhouse Gas 15% directly to low- the above are under the from international covered good of Legislation: income consumers cap in 2016 sources an eligible Summary and 13.4% to energy- industrial sector Analysis of H.R. intensive, trade- Unless otherwise 2454 as Passed by exposed industries; determined by CRS-29 Bill Number, Sponsor, Mechanism to Introduced Distribution of Offset and Address Date, and Emissions Allowance Value International Carbon- Committee or General Covered Limit or or Tax/Fee Allowance Intensive Additional GHG Floor Action Framework Entities/Materials Target Revenue Treatment Imports Reduction Measures the House of up to 3.5% to EPA, covered from a covered Representatives, merchant coal units; entities may use country coordinated by 2% to petroleum unlimited amount Exemptions are Mark Holt and refineries plus of international provided for (1) Gene Whitney 0.25% for smal al owances from least developed business refineries; “qualifying countries, (2) up to 1.5% for programs” countries that certain long-term emit less than power contract 0.5% of global operators GHG emissions, 7.1% to states to and (3) countries support renewable meeting specific energy and energy criteria efficiency efforts 6% to promote technological advances 5% to reduce international deforestation 0.2% for deficit reduction 5% to further other objectives S. 1733 Cap-and-trade Electricity generators, 20% below Emission al owance In 2016, Trade-exposed, Establishes a separate Kerry-Boxer system for GHG various fuel producers 2005 value is distributed approximately carbon-intensive cap-and-trade program Sept. 30, 2009 emissions from and importers, emissions in the fol owing 35% of an entity’s industries to that controls HFCs Reported by the multiple sectors fluorinated gas from covered manner in 2016: al owance receive Committee on producers and sources by 25.8% (at minimum) submission can al owances at no Environment and importers, geological 2020 to electricity LDCs; comprise offsets; cost; in addition, Public Works (a sequestration sites, up to 75% of an the bil states: various industrial entity’s offsets CRS-30 Bill Number, Sponsor, Mechanism to Introduced Distribution of Offset and Address Date, and Emissions Allowance Value International Carbon- Committee or General Covered Limit or or Tax/Fee Allowance Intensive Additional GHG Floor Action Framework Entities/Materials Target Revenue Treatment Imports Reduction Measures “Manager’s sources, and LDCs that 0.94% for smal can come from “It is the sense Amendment” in deliver natural gas electric LDCs domestic sources of the Senate the nature of Coverage is phased in 7.7% to natural gas and up to 25% that this Act wil substitute) on Nov. by category so that al LDCs from international contain a trade 5, 2009 of the above are under sources title that wil 1.3% to states for the cap in 2016 include a border home-heating oil Unless otherwise measure that is consumers determined by EPA, unlimited consistent with 12.9% directly to use of our international low-income international obligations and consumers al owances from designed to 12.1% to energy- “qualifying work in intensive, trade- programs” conjunction with exposed industries provisions that up to 3.0% to al ocate merchant coal units al owances to energy-intensive 0.64% to petroleum and trade- refineries plus exposed 0.86% for smal industries” business refineries and 0.43% for medium refineries up to 1.3% for certain long-term power contract operators 5.97% to states to support renewable energy and energy efficiency efforts CRS-31 Bill Number, Sponsor, Mechanism to Introduced Distribution of Offset and Address Date, and Emissions Allowance Value International Carbon- Committee or General Covered Limit or or Tax/Fee Allowance Intensive Additional GHG Floor Action Framework Entities/Materials Target Revenue Treatment Imports Reduction Measures 5.6% to promote technological advances 1.92% for GHG reductions in the transportation sector 10.3% for deficit reduction 8% to further other objectives S. 2877 Hybrid cap/tax Fossil fuel producers 20% below Al carbon shares Offsets are not Treasury may No specific provision Cantwel system for CO2 (e.g., mines, wel s) and 2005 GHG sold in auctions al owed for impose fees for Dec. 11, 2009 emissions: importers who levels from al Subject to the compliance the “production covered entities introduce “fossil sources by appropriations purposes process carbon” submit “carbon carbon” into the United 2020 process, 75% of the associated with shares” for CO2 States economy revenue would be commodities emissions distributed monthly imported into associated with in non-taxable the United the use of the dividends to al States fossil fuels legal y residing Trading of individuals in the carbon shares is United States restricted to a Subject to the dedicated appropriations exchange process, 25% could established by be used to support Treasury a myriad of policy Price ceiling for objectives, including carbon shares: worker transition initial y at assistance, $21/tCO2 in adaptation, CRS-32 Bill Number, Sponsor, Mechanism to Introduced Distribution of Offset and Address Date, and Emissions Allowance Value International Carbon- Committee or General Covered Limit or or Tax/Fee Allowance Intensive Additional GHG Floor Action Framework Entities/Materials Target Revenue Treatment Imports Reduction Measures 2012; if reached, technology additional shares development, made available, energy efficiency, and this revenue biological would support sequestration, and mitigation from deficit reduction non-covered entities Kerry-Lieberman Cap-and-trade Electricity generators, 17% below Emission al owance In 2016, Trade-exposed, Establishes a separate Discussion Draft system for GHG various fuel producers 2005 value distributed in approximately carbon-intensive cap-and-trade program May 12, 2010 emissions from and importers, emissions the fol owing 35% of an entity’s industries to that controls HFC (considered by multiple sectors fluorinated gas from covered manner in 2016: al owance receive many to be the producers and sources by 30% (at minimum) submission can al owances at no primary importers, geological 2020 to electric LDCs; comprise offsets; cost legislative vehicle sequestration sites, 9% for natural gas up to 75% of an EPA to establish in the Senate at various industrial LDCs; 1.5% to entity’s offsets an international the time) sources, and LDCs that states for home- can come from reserve deliver natural gas heating oil and domestic sources al owance Covered entity propane consumers; and up to 25% system for coverage is phased in by from international 12.3% directly to covered goods category so that al of sources low-income of an eligible the above are under the consumers Unless otherwise industrial sector cap in 2016 determined by from a covered 15% to trade- EPA, unlimited country exposed industries; use of up to 0.5% to Exemptions are international merchant coal units; provided for (1) al owances from 3.75% to petroleum least developed “qualifying refineries; up to countries, (2) programs” 4.5% to long-term countries that power contract emit less than operators 0.5% of global GHG emissions, and (3) countries CRS-33 Bill Number, Sponsor, Mechanism to Introduced Distribution of Offset and Address Date, and Emissions Allowance Value International Carbon- Committee or General Covered Limit or or Tax/Fee Allowance Intensive Additional GHG Floor Action Framework Entities/Materials Target Revenue Treatment Imports Reduction Measures 2% to states to meeting the support renewable specific criteria energy and energy efficiency efforts 4% to promote technological advances 9.2% to support transportation infrastructure and efficiency 6.75% for deficit reduction 1.5% auctioned to help mitigate against high al owance prices Source: Prepared by CRS. CRS-34 Table 5. GHG Emission Reduction Proposals: 112th Congress Ordered Chronological y by Introduced Date Bill Number, Sponsor, Introduced Mechanism to Date, and Distribution of Offset and Address Committee Emissions Allowance Value International Carbon- Additional GHG or Floor General Covered Limit or or Tax/Fee Allowance Intensive Reduction Action Framework Entities/Materials Target Revenue Treatment Imports Measures H.R. 3242 Tax on CO2 Manufacturers, 80% Tax revenue is No specific Border No specific provision Stark emissions from producers, or reduction of distributed annual y provision adjustment fees Oct. 24, 2011 combustion of importers who sel coal, CO2 emission in pro rata for comparable fossil fuels and petroleum and levels in 1990 payments to imported other materials petroleum products, individuals with a products Rate starts at natural gas, biomass, taxpayer $10/short ton of municipal solid waste, identification CO2 emissions, and any other organic number increasing by $10 material sold for energy per year until use emissions target reached H.R. 6338 Hybrid cap/tax Coal producers, Average 75% of the permit No specific Unless an No specific provision McDermott approach on petroleum refineries, emissions revenue is used to provision exporting nation Aug. 2, 2012 GHG emissions: first sel er of natural between send monthly has implemented covered entities gas, producers and 2015 and dividend payments equivalent purchase permits importers of GHG 2019 equal to to taxpayers measures, from the emission substances GHG 25% retained for imports of Department of emissions in deficit reduction carbon-intensive the Treasury for 2005 by 2020 goods wil be expected subject to a emissions fee—determined associated with by the Secretary combustion or of the use of covered Treasury—that material (e.g., is equivalent to fossil fuels) the costs domestic producers of CRS-35 Bill Number, Sponsor, Introduced Mechanism to Date, and Distribution of Offset and Address Committee Emissions Allowance Value International Carbon- Additional GHG or Floor General Covered Limit or or Tax/Fee Allowance Intensive Reduction Action Framework Entities/Materials Target Revenue Treatment Imports Measures Permits cannot comparable be sold or products incur traded due to the Price floor and carbon price price ceiling (i.e., Exporters of price col ar), carbon-intensive ranges between goods may $6.25 and $18.75 receive a in 2015 payment related to the increased costs of inputs (i.e., fossil fuels) subject to the fee Source: Prepared by CRS. CRS-36 Table 6. GHG Emission Reduction Proposals: 113th Congress Ordered Chronological y by Introduced Date Bill Number, Sponsor, Introduced Mechanism to Date, and Distribution of Offset and Address Committee Emissions Allowance Value International Carbon- Additional GHG or Floor General Covered Limit or or Tax/Fee Allowance Intensive Reduction Action Framework Entities/Materials Target Revenue Treatment Imports Measures S. 332 Upstream tax/fee EPA would impose a fee GHG 60% distributed to No specific A carbon Directs EPA to Sanders on fossil fuels on coal, petroleum, and emissions at EPA to provide provision equivalency fee submit report to Feb. 14, 2013 based on their natural gas produced or 80% below monthly rebates to would apply to Congress describing carbon content imported into the 2005 levels legal residents imports of fugitive methane United States by 2050 40% finances a trust carbon- emissions related to fund that distributes pol ution- leaks in natural gas the fol owing intensive goods infrastructure and amounts annual y recommending ways for 10 years: to address these leaks; directs EPA to $7.5 bil ion to enter agreement with mitigate economic the National impacts of Energy Academy of Sciences Intensive Trade to study GHG Exposed (EITE) emissions from non- industries (25% covered sources and must be energy make efficiency recommendations for investments in EITE reducing these industries) emissions $5 bil ion to support the Weatherization Assistance Program $1 bil ion for job training and transition assistance $2 bil ion for Advanced Research CRS-37 Bill Number, Sponsor, Introduced Mechanism to Date, and Distribution of Offset and Address Committee Emissions Allowance Value International Carbon- Additional GHG or Floor General Covered Limit or or Tax/Fee Allowance Intensive Reduction Action Framework Entities/Materials Target Revenue Treatment Imports Measures Projects Agency-Energy Any remaining funds in the trust fund are applied to deficit reduction Revenues from the carbon equivalency fee on imports: 50% to EPA to distribute to state/local programs for adaptation, infrastructure improvement, and environmental protection 50% to the Department of Transportation to support state/local critical infrastructure and transportation projects that reduce vehicular traffic S. 2940 Fee on fossil Fee applies to coal at Fee continues Fee revenue used to No specific Imports of Separate fee for non- Whitehouse fuels based on mines, petroleum at until national create the American provisions carbon-intensive CO2 GHG emissions Nov. 19, 2014 their carbon refineries, natural gas at GHG Opportunity Fund, goods subject to at facilities that (1) processors, imported emissions are appropriations from a fee— are subject to GHG CRS-38 Bill Number, Sponsor, Introduced Mechanism to Date, and Distribution of Offset and Address Committee Emissions Allowance Value International Carbon- Additional GHG or Floor General Covered Limit or or Tax/Fee Allowance Intensive Reduction Action Framework Entities/Materials Target Revenue Treatment Imports Measures content and fossil fuels, and facilities 80% below the fund could determined by reporting certain facilities that (1) are subject to 2005 levels support the the Secretary of requirements in 40 Fee set at GHG reporting fol owing the Treasury— C.F.R. Part 98 and (2) $42/mtCO2 requirements in 40 (percentages not that is equivalent emit more than emissions in C.F.R. Part 98 and (2) specified): to the difference 25,000 mtCO2e (not 2015, increasing emit more than 25,000 income assistance in (1) costs including CO2 by 2% plus tons of CO2 annual y to low-income domestic emissions) inflation each households facing producers of Additional fee for year disproportionate comparable methane emissions energy costs products incur from fossil fuel due to the tax cut offsets extraction, carbon price and distribution, and Social Security (2) the combustion benefit increases comparable tuition assistance- costs (e.g., GHG infrastructure fees) imposed by improvements the nation dividends to exporting the individuals and material families Exporters of transition assistance carbon-intensive to workers in goods may energy-intensive receive a refund industries related to the increased costs climate mitigation of inputs (i.e., and adaptation fossil fuels) national debt subject to the reduction fee Source: Prepared by CRS. CRS-39 Table 7. GHG Emission Reduction Proposals: 114th Congress Ordered Chronological y by Introduced Date Bill Number, Sponsor, Introduced Mechanism to Date, and Distribution of Offset and Address Committee Emissions Allowance Value International Carbon- Additional GHG or Floor General Covered Limit or or Tax/Fee Allowance Intensive Reduction Action Framework Entities/Materials Target Revenue Treatment Imports Measures H.R. 972 Hybrid cap/tax Coal producers, Average 100% of the permit No specific Unless an No specific provision McDermott approach on petroleum refineries, emissions revenue is used to provision exporting nation Feb. 13, 2015 GHG emissions: first sel er of natural between send monthly has implemented covered entities gas, producers and 2016 and dividend payments equivalent purchase permits importers of GHG 2020 equal to to taxpayers measures, from the emission substances 90% of GHG imports of Department of emissions in carbon-intensive the Treasury for 2005 by 2020 goods wil be expected subject to a emissions fee—determined associated with by the Secretary fossil fuel use of the Permits cannot Treasury—that be sold or is equivalent to traded the costs domestic Price floor and producers of price ceiling, comparable ranging between products incur $18.75 and due to the $31.25 in 2017, carbon price increasing each year Exporters of carbon-intensive goods may receive a payment related to the increased costs of inputs (i.e., fossil fuels) CRS-40 Bill Number, Sponsor, Introduced Mechanism to Date, and Distribution of Offset and Address Committee Emissions Allowance Value International Carbon- Additional GHG or Floor General Covered Limit or or Tax/Fee Allowance Intensive Reduction Action Framework Entities/Materials Target Revenue Treatment Imports Measures subject to the fee H.R. 2202 Imposes an Tax applies to GHG No specific Distributes monthly A tax refund is The Secretary of No specific provision Delaney excise tax on emissions associated provisions energy refund provided for the Treasury May 1, 2015 GHG emissions with fossil fuel payments to GHG emissions may impose an Tax starts at combustion and GHG households based that are captured equivalency fee $30/mtCO emissions from facilities on the household’s and permanently on the person 2e, increasing each that (1) are subject to gross income level; sequestered importing a good year by 4% plus GHG reporting households with that would have inflation requirements in 40 incomes up to 200% had an increased C.F.R. Part 98 and (2) above poverty line cost (imposed by emit more than 25,000 are eligible, but the carbon tax) tons of GHGs annual y higher-income if the good were Directs the Treasury households may produced in the Secretary to apply the receive scaled United States tax at natural refunds under Exporters of “chokepoints” in the certain conditions; carbon-intensive supply chain in a way payments are based goods may that maximizes the on estimates receive coverage of the tax on (calculated by the compensation sources of emission Energy Information for losses while minimizing the Administration) of related to the burden on loss of purchasing tax system administration and power due to the compliance carbon tax During the first 10 years of the tax, 2% of the revenues may be used to provide assistance to workers in the coal CRS-41 Bill Number, Sponsor, Introduced Mechanism to Date, and Distribution of Offset and Address Committee Emissions Allowance Value International Carbon- Additional GHG or Floor General Covered Limit or or Tax/Fee Allowance Intensive Reduction Action Framework Entities/Materials Target Revenue Treatment Imports Measures industry displaced by the act Although not explicitly tied to the GHG tax revenue, the bil would gradual y reduce the highest tax rate on corporate income from 35% to 28% S. 1548 Fee on fossil Fee applies to coal at Fee continues The bil reduces the No specific Imports of Separate fee for Whitehouse fuels based on mines, petroleum at until national highest tax rate on provisions carbon-intensive fluorinated GHGs June 10, 2015 their carbon refineries, natural gas at GHG corporate income goods subject to Separate fee for content and on processors, imported emissions are from 35% to 29%, a fee— GHGs (other than certain facilities fossil fuels, and facilities 80% below provides an annual determined by CO2 and fluorinated for GHG that (1) are subject to 2005 levels tax credit for each the Secretary of gas emissions) set at emissions GHG reporting individual, provides the Treasury— $45/mtCO2e in 2016, requirements in 40 an equivalent benefit that is equivalent increasing by 2% plus C.F.R. Part 98 and (2) to individuals not to the difference inflation each year emit more than 25,000 eligible for the tax in (1) costs tons of GHGs credit, provides up domestic Additional fee for to $20 bil ion in producers of methane emissions annual cost- comparable from fossil fuel mitigation grants to products incur extraction, states to be used to due to the distribution, and assist low-income carbon price, combustion (as and rural and (2) the determined by households with comparable Secretary of the energy costs and costs (e.g., GHG Treasury) support job training fees) imposed by and worker the nation assistance programs CRS-42 Bill Number, Sponsor, Introduced Mechanism to Date, and Distribution of Offset and Address Committee Emissions Allowance Value International Carbon- Additional GHG or Floor General Covered Limit or or Tax/Fee Allowance Intensive Reduction Action Framework Entities/Materials Target Revenue Treatment Imports Measures exporting the material Exporters of energy-intensive goods may receive a refund related to the increased costs of inputs (i.e., fossil fuels) subject to the fee S. 2399 Fee on fossil A carbon content fee is Target of 5.8 Distributes No specific A carbon Establishes the Sanders fuels based on imposed on bil ion metric col ected revenue provisions equivalency fee Interagency Climate Dec. 10, 2015 carbon content manufacturers, tons in 2020, from fees in equal would apply to Council to monitor Fee starts at $15 producers, or which is quarterly rebates to imports of GHG emission mtCO importers of a carbon equivalent to each citizen or carbon- progress and issue 2e, increasing pol uting substance, 20% below permanent resident; pol ution- regulations to help annual y by $2 to which includes fossil 2005 CO2 Secretary of the intensive goods, meet reduction $4, until reaching fuels; carbon content emissions Treasury to issue as determined targets; creates a $73 in 2035; determined by the from fossil regulations by the Secretary grant program to increasing Secretary of the fuel implementing rebate of the Treasury promote no-til thereafter by 5% Treasury combustion system; the rebates farming practices and plus inflation are phased out and a nitrogen uptake eliminated for pilot program households earning over $100,000/year (with annual inflation adjustments); fees from imported materials would be CRS-43 Bill Number, Sponsor, Introduced Mechanism to Date, and Distribution of Offset and Address Committee Emissions Allowance Value International Carbon- Additional GHG or Floor General Covered Limit or or Tax/Fee Allowance Intensive Reduction Action Framework Entities/Materials Target Revenue Treatment Imports Measures used to support other objectives, including energy efficiency H.R. 4283 Tax on fossil Tax imposed on Tax ceases if Tax revenue used No specific Imports of No specific McNerney fuels based on producers, miners, or life-cycle to provide quarterly provisions goods containing provisions Dec. 17, 2015 their carbon importers of fossil fuels emissions dividends to every or produced content “of the from fossil person with a Social using fossil fuels life cycle fuels reach Security number subject to a emissions” 50% below carbon Tax starts in 2005 levels equivalency 2016 at $15 per (as fee—determined metric ton of determined by the Secretary CO by the of the 2 emissions; tax rate Secretary of Treasury—that increases the Treasury is equal to the annual y by in cost that U.S. $10/ton; if consultation producers of a emission targets with EPA) comparable are met, tax good incur as a ceases to apply result of the U.S. for four years; carbon tax; this tax reapplies if fee expires if the subsequent exporting nation targets not met implements equivalent measures or if an international agreement requires equivalent measures CRS-44 Bill Number, Sponsor, Introduced Mechanism to Date, and Distribution of Offset and Address Committee Emissions Allowance Value International Carbon- Additional GHG or Floor General Covered Limit or or Tax/Fee Allowance Intensive Reduction Action Framework Entities/Materials Target Revenue Treatment Imports Measures Exporters of fossil fuels or materials that used fossil fuels during production or manufacture may receive a tax refund related to the increased costs of inputs (i.e., fossil fuels) subject to the carbon tax Source: Prepared by CRS. CRS-45 Table 8. GHG Emission Reduction Proposals: 115th Congress Ordered Chronological y by Introduced Date Bill Number, Sponsor, Introduced Mechanism to Date, and Offset and Address Additional Committee Emissions International Carbon- GHG or Floor General Covered Limit or Distribution of Allowance Allowance Intensive Reduction Action Framework Entities/Materials Target Value or Tax/Fee Revenue Treatment Imports Measures H.R. 2014 Imposes an Tax applies to GHG No specific Distributes monthly energy refund A tax refund is The Secretary of Delaney excise tax on emissions associated provisions payments to households, based on provided for the Treasury may Apr. 6, 2017 GHG emissions with fossil fuel the household’s gross income level; GHG emissions impose an Tax starts at combustion and GHG households with incomes up to that are captured equivalency fee on $30/metric ton of emissions from 200% above poverty line are and permanently the person CO persons who (1) are eligible, but higher-income sequestered importing a good 2e, increasing each year by 4% subject to GHG households may receive scaled that would have plus inflation reporting refunds under certain conditions; had an increased requirements in 40 payments are based on estimates cost (imposed by C.F.R. Part 98 and (2) (calculated by the Energy the carbon tax) if emit more than 25,000 Information Administration) of loss the good is tons of GHGs annual y of purchasing power due to the produced in the Directs the Treasury carbon tax United States Secretary to apply the During the first 10 years of the tax, Exporters of tax at natural 2% of the revenues may be used to carbon-intensive chokepoints in the provide assistance to workers in goods may receive supply chain in a way the coal industry displaced by the compensation for that maximizes the act losses related to coverage of the tax on Although not explicitly tied to the the tax system sources of emission GHG tax revenue, the bil would while minimizing the gradual y reduce the highest tax burden on rate on corporate income from administration and 35% to 28% compliance S. 1639 Fee on fossil fuels Fee applies to coal at Fee continues The bil reduces the highest tax No specific Imports of carbon- Separate fee Whitehouse based on their mines, petroleum at until national rate on corporate income from provisions intensive goods for fluorinated July 26, 2017 carbon content refineries, natural gas GHG emissions 35% to 29%, provides an annual tax subject to a fee— GHGs and certain at processors, credit for each individual, provides determined by the imported fossil fuels, an equivalent benefit to individuals Secretary of the CRS-46 Bill Number, Sponsor, Introduced Mechanism to Date, and Offset and Address Additional Committee Emissions International Carbon- GHG or Floor General Covered Limit or Distribution of Allowance Allowance Intensive Reduction Action Framework Entities/Materials Target Value or Tax/Fee Revenue Treatment Imports Measures facilities for GHG and facilities that (1) are 80% below not eligible for the tax credit, Treasury—that is Fee for facilities emissions are subject to GHG 2005 levels provides up to $20 bil ion in annual equivalent to the that (1) are Fee set at reporting cost-mitigation grants to states to difference in (1) subject to $49/ton CO2 requirements in 40 be used to assist low-income and costs domestic GHG reporting emissions in C.F.R. Part 98 and (2) rural households with energy costs producers of requirements 2018, increasing emit more than 25,000 and support job training and comparable in 40 C.F.R. by 2% plus tons of GHGs annual y worker assistance programs products incur due Part 98 and (2) inflation each to the carbon emit more than year price, and (2) the 25,000 comparable costs mtCO2e (e.g., GHG fees) emissions imposed by the (other than nation exporting CO2 or the material fluorinated Exporters of GHGs) energy-intensive Additional fee goods may receive for GHG a refund related to emissions the increased resulting from costs of inputs venting, flaring, (i.e., fossil fuels) and leaking subject to the fee across the coal, natural gas, and petroleum supply chains (as determined by Secretary of the Treasury) H.R. 3420 Fee on fossil fuels Fee applies to coal at Fee continues The bil reduces the highest tax No specific Imports of carbon- Separate fee Blumenauer based on their mines, petroleum at until national rate on corporate income from provisions intensive goods for fluorinated July 26, 2017 carbon content refineries, natural gas GHG emissions 35% to 29%, provides an annual tax subject to a fee— GHGs and certain at processors, credit for each individual, provides determined by the CRS-47 Bill Number, Sponsor, Introduced Mechanism to Date, and Offset and Address Additional Committee Emissions International Carbon- GHG or Floor General Covered Limit or Distribution of Allowance Allowance Intensive Reduction Action Framework Entities/Materials Target Value or Tax/Fee Revenue Treatment Imports Measures facilities for GHG imported fossil fuels, are 80% below an equivalent benefit to individuals Secretary of the Fee for facilities emissions and facilities that (1) 2005 levels not eligible for the tax credit, Treasury—that is that (1) are Fee set at are subject to GHG provides up to $20 bil ion in annual equivalent to the subject to $49/ton CO2 reporting cost-mitigation grants to states to difference in (1) GHG reporting emissions in requirements in 40 be used to assist low-income and costs domestic requirements 2018, increasing C.F.R. Part 98 and (2) rural households with energy costs producers of in 40 C.F.R. by 2% plus emit more than 25,000 and support job training and comparable Part 98 and (2) inflation each tons of GHGs annual y worker assistance programs products incur due emit more than year to the carbon 25,000 price and (2) the mtCO2e (other comparable costs than CO2 or (e.g., GHG fees) fluorinated imposed by the GHGs) nation exporting Additional fee the material for GHG Exporters of emissions energy-intensive resulting from goods may receive venting, flaring, a refund related to and leaking the increased across the coal, costs of inputs natural gas, and (i.e., fossil fuels) petroleum subject to the fee supply chains (as determined by Secretary of the Treasury) H.R. 4209 Tax on fossil Tax applies to No specific Establishes a trust fund that would No specific The Secretary of No specific Larson fuels based on manufacturers, provision receive appropriations equal to tax provisions the Treasury shal provisions Nov. 1, 2017 their carbon producers, or revenue received in the Treasury; impose a fee on content importers of coal, the trust fund would provide imports of carbon- Tax set at petroleum, and natural annual funding for the fol owing intensive goods; $49/mtCO gas infrastructure programs: the fee wil be 2 in CRS-48 Bill Number, Sponsor, Introduced Mechanism to Date, and Offset and Address Additional Committee Emissions International Carbon- GHG or Floor General Covered Limit or Distribution of Allowance Allowance Intensive Reduction Action Framework Entities/Materials Target Value or Tax/Fee Revenue Treatment Imports Measures 2019, increasing $50 bil ion (plus the Highway Trust equivalent to the by 2% plus Fund shortfal ) for highway (80%) cost that domestic inflation each and mass transit (20%); producers incur year $5 bil ion for the Transportation due to the carbon Investments Generating Economic tax; this fee Recovery program; expires if the $3 bil ion for aviation; exporting nation $5 bil ion for passenger rail; implements $6 bil ion for harbors, waterways, equivalent flood protection, and dams; measures or if an $6 bil ion for wastewater and international drinking water; and agreement $3 bil ion for broadband requires equivalent In addition, the trust fund provides: measures $5 bil ion annual y for worker transition assistance in the fossil fuel industries; and 12.5% for an energy refund program that would provide monthly payments to households with incomes up to 150% of poverty line Any remaining revenues supports a consumer tax rebate for households with incomes up to 350% of the poverty line S. 2352 Cap-and-trade Covered materials 2020 limit: Auction revenue distributed via No specific Unless an EPA directed Van Hol en system for CO2 include crude oil, coal, permits sold quarterly dividend payments to al provisions exporting nation to promulgate Jan. 29, 2018 emissions from natural gas, and equal to 20% persons with a valid Social Security has implemented regulations to fossil fuel products derived from below 2005 number equivalent address other combustion measures, imports GHG CRS-49 Bill Number, Sponsor, Introduced Mechanism to Date, and Offset and Address Additional Committee Emissions International Carbon- GHG or Floor General Covered Limit or Distribution of Allowance Allowance Intensive Reduction Action Framework Entities/Materials Target Value or Tax/Fee Revenue Treatment Imports Measures Permits sold these materials used 2025 limit: of carbon- emissions that through quarterly for combustion permits sold intensive goods are not auctions by the Covered entities equal to 30% wil be subject to a covered by the Department of include petroleum below 2005 U.S. fee—determined permit the Treasury refineries and CO2 emissions by the Secretary of program; Auction revenue importers, coal mines 2030 limit: the Treasury— emissions distributed to and importers, and permits sold that is equivalent “directly individuals, often natural gas deliverers equal to 40% to the costs attributable to described as a (as reported on Energy below 2005 U.S. domestic the production “cap and Information CO producers of of animals for 2 emissions dividend” Administration Form comparable food or food 2040 limit: approach 176) and some natural products incur due products” are permits sold to the carbon excluded A permit reserve gas processors equal to 60% price and borrowed below 2005 U.S. permits from CO Exporters of 2 emissions future years may carbon-intensive be used to help goods may receive stabilize auction compensation for prices losses related to the permit system H.R. 4889 Cap-and-trade Covered materials 2020 target: Auction revenue distributed via No specific Unless an EPA directed Beyer system for CO2 include crude oil, coal, reduce U.S. quarterly dividend payments to al provisions exporting nation to promulgate Jan. 29, 2018 emissions from natural gas, and CO2 emissions persons with a valid Social Security has implemented regulations to fossil fuel products derived from to 20% below number equivalent address other combustion these materials used 2005 levels measures, imports GHG Permits sold for combustion 2030 target: of carbon- emissions that through quarterly Covered entities 40% below 2005 intensive goods are not auctions by the include petroleum levels wil be subject to a covered by the Department of refineries and fee—determined permit the Treasury importers, coal mines by the Secretary of program; and importers, and the Treasury— emissions natural gas deliverers that is equivalent “directly CRS-50 Bill Number, Sponsor, Introduced Mechanism to Date, and Offset and Address Additional Committee Emissions International Carbon- GHG or Floor General Covered Limit or Distribution of Allowance Allowance Intensive Reduction Action Framework Entities/Materials Target Value or Tax/Fee Revenue Treatment Imports Measures Auction revenue (as reported on Energy to the costs attributable to distributed to Information domestic the production individuals, often Administration Form producers of of animals for described as a 176) and some natural comparable food or food “cap and gas processors products incur due products” are dividend” to the carbon excluded approach price A permit reserve Exporters of and borrowed carbon-intensive permits from goods may receive future years may compensation for be used to help losses related to stabilize auction the permit system prices S. 2368 Fee on fossil fuels Fee applies to coal at Fee continues The bil provides an annual tax No specific Imports of carbon- Separate fee Whitehouse based on their mines, petroleum at until national credit for each individual, provides provisions intensive goods for fluorinated Feb. 5, 2018 carbon content refineries, natural gas GHG emissions an equivalent benefit to individuals subject to a fee— GHGs and certain at processors, are 80% below not eligible for the tax credit, determined by the Separate fee facilities for GHG imported fossil fuels, 2005 levels provides up to $10 bil ion in annual Secretary of the for GHGs emissions and facilities that (1) cost-mitigation grants to states to Treasury—that is (other than Fee set at are subject to GHG be used to assist low-income and equivalent to the CO2 and $50/ton CO reporting rural households with energy costs difference in (1) 2 fluorinated gas emissions in requirements in 40 and support job training and costs domestic emissions) at 2019, increasing C.F.R. Part 98 and (2) worker assistance programs; this producers of facilities that by 2% plus emit more than 25,000 amount increases annual y comparable (1) are subject inflation each tons of GHGs annual y products incur due to GHG year to the carbon reporting price and (2) the requirements comparable costs in 40 C.F.R. (e.g., GHG fees) Part 98 and (2) imposed by the emit more than 25,000 CRS-51 Bill Number, Sponsor, Introduced Mechanism to Date, and Offset and Address Additional Committee Emissions International Carbon- GHG or Floor General Covered Limit or Distribution of Allowance Allowance Intensive Reduction Action Framework Entities/Materials Target Value or Tax/Fee Revenue Treatment Imports Measures nation exporting mtCO2e the material emissions Exporters of Additional fee energy-intensive for GHG goods may receive emissions a refund related to resulting from the increased venting, flaring, costs of inputs and leaking (i.e., fossil fuels) across the coal, subject to the fee natural gas, and petroleum supply chains (as determined by Secretary of the Treasury) H.R. 4926 Fee on fossil fuels Fee applies to coal at Fee continues The bil provides an annual tax No specific Imports of carbon- Separate fee Blumenauer based on their mines, petroleum at until national credit for each individual, provides provisions intensive goods for fluorinated Feb. 5, 2018 carbon content refineries, natural gas GHG emissions an equivalent benefit to individuals subject to a fee— GHGs and certain at processors, are 80% below not eligible for the tax credit, determined by the Separate fee facilities for GHG imported fossil fuels, 2005 levels provides up to $10 bil ion in annual Secretary of the for GHGs emissions and facilities that (1) cost-mitigation grants to states to Treasury—that is (other than Fee set at are subject to GHG be used to assist low-income and equivalent to the CO2 and $50/ton CO reporting rural households with energy costs difference in (1) 2 fluorinated gas emissions in requirements in 40 and support job training and costs domestic emissions) at 2019, increasing C.F.R. Part 98 and (2) worker assistance programs; this producers of facilities that by 2% plus emit more than 25,000 amount increases annual y comparable (1) are subject inflation each tons of GHGs annual y products incur due to GHG year to the carbon reporting price and (2) the requirements comparable costs in 40 C.F.R. (e.g., GHG fees) Part 98 and (2) imposed by the emit more than CRS-52 Bill Number, Sponsor, Introduced Mechanism to Date, and Offset and Address Additional Committee Emissions International Carbon- GHG or Floor General Covered Limit or Distribution of Allowance Allowance Intensive Reduction Action Framework Entities/Materials Target Value or Tax/Fee Revenue Treatment Imports Measures nation exporting 25,000 the material mtCO2e Exporters of Additional fee energy-intensive for GHG goods may receive emissions a refund related to resulting from the increased venting, flaring, costs of inputs and leaking (i.e., fossil fuels) across the coal, subject to the fee natural gas, and petroleum supply chains (as determined by Secretary of the Treasury) H.R. 6463 Tax on fossil Tax applies to coal at No specific Establishes a trust fund that No specific Imports of carbon- Establishes a Curbelo fuels based on mines, petroleum at provision receives appropriations equal to provisions intensive goods conditional July 23, 2018 their carbon refineries, natural gas Authorizes the 75% of tax revenue deposited in subject to a moratorium on content and on at processors, Secretary of the the Treasury; from this amount, border tax— Clean Air Act emissions from imported fossil fuels, Treasury to the trust fund provides annual determined by the GHG specific facilities facilities in specified increase the tax funding for the fol owing objectives Secretary of the regulations for and sources industrial sectors that rate if annual, (“as provided in appropriations Treasury—that is stationary Tax starts at emit more than 25,000 cumulative acts”) between FY2021 and equivalent to the emissions $24/metric ton of metric tons of CO2e emission FY2030: costs in sources (with CO2e, increasing annual y, facilities that reduction 70% to the Federal Highway Trust comparable some by 2% plus manufacture or import targets are not Fund; domestic exceptions) inflation each specified products, and met (e.g., 5,177 manufactured 10% to the states as grants to low- Creates a year facilities that combust mil ion metric goods (associated National biomass with emissions income households; tons CO2e in with the carbon Climate above 25,000 metric 2020) 5.0% for frequent and chronic tax) Commission to tons of CO2e coastal flooding mitigation and Exporters of set five-year adaptation infrastructure projects; energy-intensive emission CRS-53 Bill Number, Sponsor, Introduced Mechanism to Date, and Offset and Address Additional Committee Emissions International Carbon- GHG or Floor General Covered Limit or Distribution of Allowance Allowance Intensive Reduction Action Framework Entities/Materials Target Value or Tax/Fee Revenue Treatment Imports Measures 3.0% for displaced energy workers; goods may receive reduction goals 2.7% for various energy-related a tax refund between 2025 research and development related to the and 2050 and objectives (e.g., carbon capture and increased costs of assess the storage); inputs (i.e., fossil effectiveness of fuels) subject to federal policies 3.0% to support agricultural GHG the tax in meeting sequestration projects; these goals 2.5% for the Airport and Airway Trust Fund; 2.0% for the Abandoned Mine Reclamation Fund; 1.5% for the Department of Energy weatherization program; 0.1% for the Leaking Underground Storage Tank trust fund; 0.1% for the Reforestation Trust Fund; 0.1% to decrease the environmental impact of renewable energy activities pursuant to Section 931 of the Energy Policy Act of 2005 H.R. 6928 Tax on fossil Tax imposed on Tax ceases if Establishes a trust fund that No specific Imports of goods No specific McNerney fuels based on producers, miners, or emission targets receives appropriations equal to provisions containing or provisions Sept. 27, 2018 their carbon importers of fossil are met; targets carbon tax revenues received in produced using content “of the fuels based on life- the Treasury fossil fuels subject life cycle cycle emission Subject to the appropriations to a carbon emissions” reductions (as process, tax revenue used to offset equivalency fee— Tax starts in determined by a corresponding reduction in determined by the 2020 at $25 per EPA) from fossil individual income tax rates starting Secretary of the CRS-54 Bill Number, Sponsor, Introduced Mechanism to Date, and Offset and Address Additional Committee Emissions International Carbon- GHG or Floor General Covered Limit or Distribution of Allowance Allowance Intensive Reduction Action Framework Entities/Materials Target Value or Tax/Fee Revenue Treatment Imports Measures metric ton of fuels below in 2019; remaining revenues would Treasury—that is CO2 emissions; 2005 levels: be al ocated as fol ows: equal to the cost tax rate increases 80% used to provide quarterly that U.S. annual y by 2025: 30% dividends to every person with a producers of a $10/ton; if 2030: 40% Social Security number comparable good emission targets 2035: 50% incur as a result of are met, tax 20% used to support a range of 2040: 70% the U.S. carbon ceases to apply objectives, including: 2050: 80% tax; this fee for four years; -worker transition assistance expires if the tax reapplies if -rural energy assistance exporting nation subsequent -technology-neutral research and implements targets not met development equivalent -electric grid innovation measures or if an -infrastructure resilience international -energy efficiency and conservation agreement requires equivalent measures Exporters of fossil fuels or materials that used fossil fuels during production or manufacture may receive a tax refund related to the increased costs of inputs (i.e., fossil fuels) subject to the carbon tax CRS-55 Bill Number, Sponsor, Introduced Mechanism to Date, and Offset and Address Additional Committee Emissions International Carbon- GHG or Floor General Covered Limit or Distribution of Allowance Allowance Intensive Reduction Action Framework Entities/Materials Target Value or Tax/Fee Revenue Treatment Imports Measures H.R. 7173 Fee on fossil fuels Covered entities Emission Establishes a trust fund that No specific Imports of carbon- Separate fee Deutch based on their include petroleum reduction receives appropriations equal to provisions intensive products for fluorinated Nov. 27, 2018 GHG content refineries and targets apply to emission fee revenues received in subject to a fee— GHGs set at Fee set at importers, coal mines fossil fuel the Treasury; monies in the trust determined by the 10% of fee for $15/mtCO2e and importers, natural combustion fund are available (after Secretary of the fossil fuel emissions in gas deliverers, and emissions; administrative expenses) to Treasury—that is emissions 2019, increasing some natural gas starting in 2022, provide monthly payments to equivalent to the Suspends by $10 each year processors annual eligible individuals (i.e., persons excess of (1) GHG enforcement of reductions of with a Social Security number or emissions from If emission certain Clean 5% of 2015 taxpayer identification number); production reduction targets Air Act GHG levels (253 adults get one share and children multiplied by the are not met, fee regulations; if mil ion receive a half-share relevant U.S. increases by $15; EPA mtCO emissions fee over if targets met, fee 2e) determines (in between 2022 (2) the total does not increase 2030 and every and 2029; less foreign product five years Provides a rebate stringent cost of carbon; thereafter) for fuels used on reductions in Exporters of emission a farm subsequent carbon-intensive targets are not years products (and met, the covered fuels) may enforcement receive a refund suspension under an would cease analogous formula and EPA must promulgate regulations to reduce emissions from covered fuels S. 3791 Fee on fossil fuels Covered entities Emission Establishes a trust fund that No specific Imports of carbon- Separate fee Coons based on their include petroleum reduction receives appropriations equal to provisions intensive products for fluorinated Dec. 19, 2018 GHG content refineries and targets apply to emission fee revenues received in subject to a fee— GHGs set at importers, coal mines fossil fuel the Treasury; monies in the trust determined by the 10% of fee for CRS-56 Bill Number, Sponsor, Introduced Mechanism to Date, and Offset and Address Additional Committee Emissions International Carbon- GHG or Floor General Covered Limit or Distribution of Allowance Allowance Intensive Reduction Action Framework Entities/Materials Target Value or Tax/Fee Revenue Treatment Imports Measures Fee set at and importers, natural combustion fund are available (after Secretary of the fossil fuel $15/mtCO2e gas deliverers, and emissions; administrative expenses) to Treasury—that is emissions emissions in some natural gas starting in 2022, provide monthly payments to equivalent to the Directs EPA to 2019, increasing processors annual eligible individuals (i.e., persons excess of(1) GHG evaluate by $10 each year reductions of with a Social Security number or emissions from effectiveness of If emission 5% of 2015 taxpayer identification number); production fee program in reduction targets levels (253 adults get one share and children multiplied by the meeting are not met, fee mil ion receive a half-share relevant U.S. emission increases by $15; mtCO2e) emissions fee over reduction if targets met, fee between 2022 (2) the total targets; if does not increase and 2029; this foreign product targets are equates to a cost; Provides a rebate met, EPA may 50% reduction for fuels used on Exporters of review existing in 2030 a farm carbon-intensive regulations on compared to products (and fossil fuel 2005 levels; less covered fuels) may combustion stringent receive a refund and fluorinated reductions in under an GHG subsequent analogous formula emissions years Source: Prepared by CRS. CRS-57 Table 9. GHG Emission Reduction Proposals: 116th Congress Ordered Chronological y by Introduced Date Bill Number, Sponsor, Introduced Offset and Mechanism to Date, and International Address Carbon- Additional GHG Committee or General Covered Emissions Limit or Distribution of Allowance Allowance Intensive Reduction Floor Action Framework Entities/Materials Target Value or Tax/Fee Revenue Treatment Imports Measures H.R. 763 Fee on fossil Covered entities Emission reduction Establishes a trust fund that No specific Imports of carbon- Separate fee for Deutch fuels based on include petroleum targets apply to fossil receives appropriations equal provisions intensive products fluorinated GHGs set Jan. 24, 2019 their GHG refineries and fuel combustion to emission fee revenues subject to a fee— at 10% of fee for content importers, coal emissions; starting in received in the Treasury; determined by the fossil fuel emissions Fee set at mines and 2025, annual monies in the trust fund are Secretary of the Suspends $15/mtCO importers, natural reductions of 5% of available (after administrative Treasury—that is 2e enforcement of emissions in gas deliverers, and 2016 levels (248 expenses) to provide monthly equivalent to the certain Clean Air Act 2019, increasing some natural gas mil ion mtCO2e) payments to eligible individuals excess of (1) GHG GHG regulations; if by $10 each year processors between 2025 and (i.e., persons with a Social emissions from EPA determines (in plus inflation 2034; annual Security number or taxpayer production 2030 and every five reductions of 2.5% of identification number); adults multiplied by the If emission years thereafter) 2016 levels between get one share and children relevant U.S. reduction targets emission targets are 2035 and 2050 receive a half-share emissions fee over are not met, fee not met, the (2) the total foreign increases by $15 Fee ceases if emissions enforcement product cost of plus inflation; if from covered fuels suspension would carbon targets met, fee decrease to 10% of cease and EPA must does not 2016 levels (497 Exporters of promulgate increase mil ion mtCO2e) and carbon-intensive regulations to reduce monthly dividend products (and emissions from Provides a check reach certain covered fuels) may covered fuels rebate for fuels levels receive a refund used on a farm under an analogous and for fuels or formula their derivatives used by U.S. Armed Forces S. 940 Cap-and-trade Covered materials 2020 limit: permits Auction revenue distributed No specific Unless an EPA directed to Van Hol en system for CO2 include crude oil, sold equal to 12.5% via quarterly dividend provisions exporting nation promulgate Mar. 28, 2019 emissions from coal, natural gas, below 2005 U.S. CO2 payments to al persons with a has implemented regulations to and products emissions valid Social Security number equivalent address other GHG CRS-58 Bill Number, Sponsor, Introduced Offset and Mechanism to Date, and International Address Carbon- Additional GHG Committee or General Covered Emissions Limit or Distribution of Allowance Allowance Intensive Reduction Floor Action Framework Entities/Materials Target Value or Tax/Fee Revenue Treatment Imports Measures This proposal is fossil fuel derived from these 2025 limit: permits measures, imports emissions that are identical to H.R. combustion materials used for sold equal to 30% of carbon-intensive not covered by the 1960 (Beyer) Permits sold combustion below 2005 U.S. CO2 goods wil be permit program; through Covered entities emissions subject to a fee— emissions “directly quarterly include petroleum 2030 limit: permits determined by the attributable to the auctions by the refineries and sold equal to 50% Secretary of the production of animals Department of importers, coal below 2005 U.S. CO Treasury—that is for food or food 2 the Treasury mines and emissions equivalent to the products” are costs domestic excluded Auction revenue importers, and 2040 limit: permits producers of distributed to natural gas sold equal to 80% comparable individuals, often deliverers (as below 2005 U.S. CO2 products incur due described as a reported on Energy emissions to the carbon price “cap and Information dividend” Administration Exporters of approach Form 176) and carbon-intensive some natural gas goods may receive A permit reserve processors compensation for and borrowed losses related to permits from the permit system future years may be used to help stabilize auction prices H.R. 1960 Cap-and-trade Covered materials 2020 limit: permits Auction revenue distributed No specific Unless an EPA directed to Beyer system for CO2 include crude oil, sold equal to 12.5% via quarterly dividend provisions exporting nation promulgate Mar. 28, 2019 emissions from coal, natural gas, below 2005 U.S. CO2 payments to al persons with a has implemented regulations to This proposal is fossil fuel and products emissions valid Social Security number equivalent address other GHG identical to S. 940 combustion derived from these 2025 limit: permits measures, imports emissions that are (Van Hol en) Permits sold materials used for sold equal to 30% of carbon-intensive not covered by the through combustion below 2005 U.S. CO goods wil be permit program; 2 quarterly Covered entities emissions subject to a fee— emissions “directly auctions by the include petroleum determined by the attributable to the 2030 limit: permits refineries and Secretary of the production of animals sold equal to 50% CRS-59 Bill Number, Sponsor, Introduced Offset and Mechanism to Date, and International Address Carbon- Additional GHG Committee or General Covered Emissions Limit or Distribution of Allowance Allowance Intensive Reduction Floor Action Framework Entities/Materials Target Value or Tax/Fee Revenue Treatment Imports Measures Department of importers, coal below 2005 U.S. CO2 Treasury—that is for food or food the Treasury mines and emissions equivalent to the products” are Auction revenue importers, and 2040 limit: permits costs domestic excluded distributed to natural gas sold equal to 80% producers of individuals, often deliverers (as below 2005 U.S. CO2 comparable described as a reported on Energy emissions products incur due “cap and Information to the carbon price dividend” Administration Exporters of approach Form 176) and carbon-intensive some natural gas A permit reserve goods may receive processors and borrowed compensation for permits from losses related to future years may the permit system be used to help stabilize auction prices S. 1128 Fee on fossil Fee applies to coal Fee continues until The bil provides an annual tax No specific Imports of carbon- Separate fee for Whitehouse fuels based on at mines, petroleum national GHG credit for each individual; provisions intensive goods fluorinated GHGs Apr. 10, 2019 their carbon at refineries, natural emissions are 80% provides an equivalent benefit subject to a fee— Separate fee for content and gas at processors, below 2005 levels to individuals not eligible for determined by the GHGs (other than certain facilities imported fossil fuels, the tax credit Secretary of the CO2 and fluorinated for GHG and facilities that (1) Provides up to $10 bil ion in Treasury—that is gas emissions) at emissions are subject to GHG annual grants to states to be equivalent to the facilities that (1) are Fee set at reporting used to difference in (1) subject to GHG $52/ton CO requirements in 40 costs domestic 2 (1) assist low-income and rural reporting emissions in C.F.R. Part 98 and producers of households with energy costs, requirements in 40 2020, increasing (2) emit more than comparable C.F.R. Part 98 and (2) by 6% plus 25,000 tons of (2) support job training and products incur due emit more than inflation each GHGs annual y worker assistance programs, to the carbon price 25,000 mtCO2e year Fee also applies to and and (2) the emissions certain industrial (3) assist the state in climate comparable costs Additional fee for sources, regardless change adaptation or transition (e.g., GHG fees) imposed by the GHG emissions CRS-60 Bill Number, Sponsor, Introduced Offset and Mechanism to Date, and International Address Carbon- Additional GHG Committee or General Covered Emissions Limit or Distribution of Allowance Allowance Intensive Reduction Floor Action Framework Entities/Materials Target Value or Tax/Fee Revenue Treatment Imports Measures of their emissions to a low-carbon economy; this nation exporting (described as output, including amount increases annual y the material “associated aluminum Exporters of emissions”) resulting production, HCFC- energy-intensive from venting, flaring, 22 production and goods may receive and leaking across HFC-23 destruction, a refund related to the coal, natural gas, and fluorinated gas the increased costs and petroleum supply production; this fee of inputs (i.e., fossil chains (as determined starts as a fuels) subject to by Secretary of the percentage of the the fee Treasury) fossil fuel fee and increases annual y S. 2284 Fee on fossil Covered entities Emission reduction Establishes a trust fund that Directs the Imports of carbon- Separate fee for Coons fuels based on include petroleum targets apply to receives appropriations equal Department of intensive products fluorinated GHGs set July 25, 2019 their GHG refineries and emissions from to emission fee revenues Agriculture (in subject to a fee— at 20% of fee for This proposal is content importers, coal covered fuels; starting col ected in the Treasury; consultation with determined by the fossil fuel emissions identical to H.R. Fee on solid mines and in 2020, target equals monies in the trust fund (after EPA) to provide Secretary of the 4051 (Panetta) biomass based importers, natural 90% of 2017 levels, administrative expenses) are payments for Treasury—that is on GHG content gas wel s and reaching 59% of 2017 al ocated as fol ows: farmers and equivalent to the as determined by importers, solid levels in 2025 and 45% 70% to provide monthly landowners for excess of (1) GHG EPA, using a life- biomass combustion of 2017 levels in 2030; payments to eligible individuals eligible emissions from cycle analysis facilities in subsequent years, (i.e., persons with a Social sequestration production the targets are activities; directs multiplied by the Fee set at Security number or taxpayer reduced by 2.25% of Department of relevant U.S. $15/mtCO identification number); adults 2e 2017 emission levels Energy to provide emissions fee over emissions in get one share and children each year payments for (2) the total foreign 2020, increasing receive a half-share; payments direct air capture product cost by $15 each year Fee ceases if emissions are phased-out at certain from covered fuels income levels of CO2 emissions; Exporters of If emission equal 10% of 2017 the funding carbon-intensive reduction targets 20% to support existing and emission levels source for these products (and are not met, fee new infrastructure funding payments is not covered fuels) may increases by $30; programs and other objectives specified receive a refund if annual targets CRS-61 Bill Number, Sponsor, Introduced Offset and Mechanism to Date, and International Address Carbon- Additional GHG Committee or General Covered Emissions Limit or Distribution of Allowance Allowance Intensive Reduction Floor Action Framework Entities/Materials Target Value or Tax/Fee Revenue Treatment Imports Measures met, fee does 5% to the Department of under an analogous not increase Energy to support formula Fee col ected development of GHG quarterly mitigation technology and related technologies 5% to support transition assistance through new and existing programs H.R. 4051 Fee on fossil Covered entities Emission reduction Establishes a trust fund that Directs the Imports of carbon- Separate fee for Panetta fuels based on include petroleum targets apply to receives appropriations equal Department of intensive products fluorinated GHGs set July 25, 2019 their GHG refineries and emissions from to emission fee revenues Agriculture (in subject to a fee— at 20% of fee for This proposal is content importers, coal covered fuels; starting col ected in the Treasury; consultation with determined by the fossil fuel emissions identical to S. Fee on solid mines and in 2020, target equals monies in the trust fund (after EPA) to provide Secretary of the 2284 (Coons) biomass based importers, natural 90% of 2017 levels, administrative expenses) are payments for Treasury—that is on GHG content gas wel s and reaching 59% of 2017 al ocated as fol ows: farmers and equivalent to the as determined by importers, solid levels in 2025 and 45% 70% to provide monthly landowners for excess of (1) GHG EPA using a life- biomass combustion of 2017 levels in 2030; payments to eligible individuals eligible emissions from cycle analysis facilities in subsequent years, (i.e., persons with a Social sequestration production the targets are activities; directs multiplied by the Fee set at Security number or taxpayer reduced by 2.25% of Department of relevant U.S. $15/mtCO identification number); adults 2e 2017 emission levels Energy to provide emissions fee over emissions in get one share and children each year payments for (2) the total foreign 2020, increasing receive a half-share; payments direct air capture product cost by $15 each year Fee ceases if emissions are phased-out at certain from covered fuels income levels of CO2 emissions; Exporters of If emission equal 10% of 2017 the funding carbon-intensive reduction targets 20% to support existing and emission levels source for these products (and are not met, fee new infrastructure funding payments is not covered fuels) may increases by $30; programs and other objectives specified receive a refund if annual targets 5% to the Department of under an analogous met, fee does Energy to support formula not increase development of GHG mitigation technology and related technologies CRS-62 Bill Number, Sponsor, Introduced Offset and Mechanism to Date, and International Address Carbon- Additional GHG Committee or General Covered Emissions Limit or Distribution of Allowance Allowance Intensive Reduction Floor Action Framework Entities/Materials Target Value or Tax/Fee Revenue Treatment Imports Measures Fee col ected 5% to support transition quarterly assistance through new and existing programs H.R. 3966 Tax on fossil Tax imposed on GHG emissions target Net revenues from the tax on No specific Tax applies to Separate tax for Lipinski fuels based on manufacturers, of 80% below 2005 fossil fuels, imported products, provisions specific imported fluorinated GHGs July 25, 2019 their potential producers, and levels and fluorinated GHGs support products based on (based on metric CO2 emissions; importers of fossil the fol owing objectives: the lesser of the tons of CO2e) set at tax rate set in fuels at first point of 10% used to increase monthly fossil fuels used 10% of the tax rate 2020 at sale payments to Social Security during production for fossil fuel $40/short ton of beneficiaries or the CO2 emissions CO2, increasing emissions Suspends annual y by 2.5% 5% al ocated to the Low- attributable to enforcement of plus inflation; if Income Home Energy their production; certain Clean Air Act GHG emissions Assistance program eligible products GHG regulations; if target is met, the 1% al ocated to the based on a list of EPA determines (in rate increases Department of Energy’s domestic industries 2030 and every five only by inflation weatherization assistance (prepared by EPA) years thereafter) that program that, “in the emission targets are After these al ocations, aggregate, account not met, the remaining revenues used to for 95% of the enforcement reduce the payrol tax rates taxable carbon suspension would that apply to employees and substances used in cease and EPA must the self-employed the United States” promulgate Exporters may regulations to reduce receive a refund emissions from for fossil fuels and covered fuels any other product with increased costs attributable to the new tax CRS-63 Bill Number, Sponsor, Introduced Offset and Mechanism to Date, and International Address Carbon- Additional GHG Committee or General Covered Emissions Limit or Distribution of Allowance Allowance Intensive Reduction Floor Action Framework Entities/Materials Target Value or Tax/Fee Revenue Treatment Imports Measures H.R. 4058 Tax on fossil Tax imposed on Emission reduction Tax revenue supports the No specific Imports of carbon- Establishes a Rooney fuels based on coal at coal mines schedule for covered fol owing objectives: provisions intensive goods conditional July 25, 2019 their potential and importers, emissions starts in 52.5% to offset a reduction in subject to a border moratorium on GHG emissions, petroleum products 2021 at 5,000 payrol tax rates that apply to tax—determined Clean Air Act GHG GHG emissions at refineries and mmtCO2e; the annual employees, employers, and by the Secretary of regulations for from specific importers, and emission schedule is self-employed persons the Treasury—that stationary emissions industrial natural gas at cumulative, reaching is equivalent to the sources (with some sources, and processors or at 49,000 mmtCO 7.5% to provide a payment to 2e in costs in exceptions) GHG emissions point of sale for 2031; assuming annual Social Security beneficiaries comparable Creates a credit from specific combustion emission levels 7.5% to provide block grants domestic system, which phases products Tax imposed on fol owed this to states to offset higher manufactured out after five years, Tax rate set in facilities—in specific decreasing schedule, energy costs for low-income goods (associated for persons making 2021 at industrial source covered emissions households with the carbon payments under $30/mtCO would decrease to tax) 2e, categories—that 7.5% to support climate existing state GHG increasing emit more than 4,200 mmtCO2e in adaptation, carbon Exporters of reduction programs annual y by 5% 25,000 mtCO 2031 2e per sequestration, energy energy-intensive plus inflation; if year efficiency, and research and goods may receive covered Tax imposed on development programs a tax refund emissions do not facilities that related to the meet emission manufacture or increased costs of reduction import specified inputs (i.e., fossil schedule, the tax products or fuels) subject to rate increases by combust biomass the tax an additional $3 with emissions above 25,000 mtCO2e H.R. 4142 Tax on fossil Tax applies to No specific provisions Establishes a trust fund that No specific The Secretary of No specific Larson fuels based on manufacturers, would receive appropriations provisions the Treasury shal provisions Aug. 2, 2019 their carbon producers, or equal to tax revenue received impose a fee on content importers of coal, in the Treasury; the trust fund imports of carbon- Tax set at petroleum, and would provide annual funding intensive goods; $52/mtCO natural gas the fee wil be 2 in CRS-64 Bill Number, Sponsor, Introduced Offset and Mechanism to Date, and International Address Carbon- Additional GHG Committee or General Covered Emissions Limit or Distribution of Allowance Allowance Intensive Reduction Floor Action Framework Entities/Materials Target Value or Tax/Fee Revenue Treatment Imports Measures 2020, increasing for the fol owing infrastructure equivalent to the by 6% plus programs: cost that domestic inflation each $61 bil ion (plus the Highway producers incur year Trust Fund shortfal ) for due to the carbon highway (80%) and mass transit tax; this fee expires (20%); if the exporting nation implements $6.4 bil ion for the equivalent Transportation Investments measures or if an Generating Economic international Recovery program; agreement requires $4 bil ion for aviation; equivalent $6.6 bil ion for passenger rail; measures $8 bil ion for harbors, waterways, flood protection, and dams; $8.4 bil ion for wastewater and drinking water; $4 bil ion for broadband; $3 bil ion for education infrastructure; $1.5 bil ion for health care research and infrastructure; $2 bil ion for the Public Housing Capital Fund; $4.4 bil ion for Department of Energy research and development programs; and $1.5 bil ion for Department of Agriculture climate-related research CRS-65 Bill Number, Sponsor, Introduced Offset and Mechanism to Date, and International Address Carbon- Additional GHG Committee or General Covered Emissions Limit or Distribution of Allowance Allowance Intensive Reduction Floor Action Framework Entities/Materials Target Value or Tax/Fee Revenue Treatment Imports Measures In addition, the trust fund provides: $7 bil ion annual y for worker and community transition assistance, and 12.5% for an energy refund program that would provide monthly payments to households with incomes up to 150% of poverty line Any remaining revenues support a consumer tax rebate for households with incomes up to 350% of the poverty line H.R. 4520 Tax on fossil Tax imposed on Emission reduction Establishes a trust fund that No specific Imports of carbon- Establishes a Fitzpatrick fuels based on coal at coal mines schedule for covered would receive appropriations provisions intensive goods conditional Sept. 26, 2019 their potential and importers, emissions starts in equal to 75% of the tax subject to a border moratorium on GHG emissions, petroleum products 2021 at 4,900 revenue received in the tax—determined Clean Air Act GHG GHG emissions at refineries and mmtCO2e; the annual Treasury; the trust fund would by the Secretary of regulations for from specific importers, and emission schedule is provide annual funding for the the Treasury—that stationary emissions industrial natural gas at cumulative, reaching fol owing infrastructure is equivalent to the sources (with some sources, and processors or at 48,800 mmtCO2e in programs (“as provided in costs in exceptions) GHG emissions point of sale for 2031; assuming annual appropriations acts”) between comparable Creates a credit from specific combustion emission levels FY2021 and FY2030: domestic system, which phases products Tax imposed on fol owed this 70% to the Federal Highway manufactured out after five years, Tax rate set in facilities—in specific decreasing schedule, Trust Fund; goods (associated for persons making 2021 at industrial source covered emissions with the carbon 10% to the states as grants to payments under $35/mtCO would decrease to tax) 2e, categories—that al ocate to low-income existing state GHG increasing emit more than 4,000 mmtCO2e in households; Exporters of reduction programs annual y by 5% 25,000 mtCO 2031 2e per energy-intensive Creates a National plus inflation; if year 4.2% for various energy- goods may receive Climate Commission covered related research and a tax refund to set five-year CRS-66 Bill Number, Sponsor, Introduced Offset and Mechanism to Date, and International Address Carbon- Additional GHG Committee or General Covered Emissions Limit or Distribution of Allowance Allowance Intensive Reduction Floor Action Framework Entities/Materials Target Value or Tax/Fee Revenue Treatment Imports Measures emissions do not Tax imposed on development objectives, related to the emission reduction meet emission facilities that including carbon capture and increased costs of goals between 2025 reduction manufacture or storage and battery inputs (i.e., fossil and 2050 and assess schedule, the tax import specified technology; fuels) subject to the effectiveness of rate increases by products or 4.0% for frequent and chronic the tax federal policies in an additional $4 combust biomass coastal flooding mitigation and meeting these goals with emissions adaptation infrastructure above 25,000 projects; mtCO2e 3.0% for displaced energy workers; 2.5% for the Airport and Airway Trust Fund; 1.5% for the Department of Energy weatherization program; 1.5% for the Abandoned Mine Reclamation Fund; 1.0% for the Reforestation Trust Fund; 0.5% to support agricultural GHG sequestration projects; 0.1% to decrease the environmental impact of renewable energy activities pursuant to Section 931 of the Energy Policy Act of 2005; 0.1% for the Leaking Underground Storage Tank trust fund CRS-67 Bill Number, Sponsor, Introduced Offset and Mechanism to Date, and International Address Carbon- Additional GHG Committee or General Covered Emissions Limit or Distribution of Allowance Allowance Intensive Reduction Floor Action Framework Entities/Materials Target Value or Tax/Fee Revenue Treatment Imports Measures H.R. 5457 Tax on fossil Tax imposed at coal No specific provision Provides a $1,000 income tax No specific No specific No specific Maloney fuels based on mines and oil and credit for individuals and each provisions provisions provisions Dec. 17, 2019 their carbon gas wel s and on of their dependents; tax credit content fuels “entered into phases out at adjusted gross Tax rate starts in the United States” income levels exceeding 2020 at $40 per $314,000; tax credit and ton of carbon, income phase-out level which equates to increases each year by a cost approximately of living adjustment $11/tCO2 emissions; tax rate increases annual y by a cost of living adjustment as defined in the bil S. 4484 Fee on fossil Fee imposed on coal Fee ceases if emission Establishes a trust fund that No specific Imports of carbon- Directs EPA to enter Durbin fuels and other at coal mines and targets are met; receives appropriations equal provisions intensive goods are agreement with the Aug. 6, 2020 selected GHG importers, crude oil targets based on to emission fees received in subject to a fee National Academy of emission sources at refineries and percentage reductions the Treasury; after subtracting (determined by the Sciences to study Fee on fossil importers, and compared to emission fee rebates and, in the first 18 Secretary of the effects of fee fuels starts in natural gas at levels from covered years, approximately $5.5 Treasury) that is program 2022 at producing wel s and fuels and sources in bil ion per year, the remaining equivalent to the $25/mtCO importers; and 2018: funds are al ocated difference in (1) 2e, increasing select sources that approximately as fol ows costs domestic annual y by $10 emit 25,000 2030: 47% below 2018 during the first 10 years: producers of plus inflation; if mtCO2e or more of comparable 2035: 60% below 2018 70% for direct payments to emission targets CO2 or methane eligible individuals, phasing out products incur due are not met, the per year 2040: 70% below 2018 at certain income levels; to the fee and (2) fee increases are 2045: 80% below 2018 the comparable 5% to support agricultural and greater 2050: 90% below 2018 costs imposed by forestry sequestration activities; CRS-68 Bill Number, Sponsor, Introduced Offset and Mechanism to Date, and International Address Carbon- Additional GHG Committee or General Covered Emissions Limit or Distribution of Allowance Allowance Intensive Reduction Floor Action Framework Entities/Materials Target Value or Tax/Fee Revenue Treatment Imports Measures Fee on other 10% for grants to eligible the exporting sources starts in entities to support transition nation 2024 assistance to a lower carbon Exporters of fossil Fee is delayed in economy; fuels and carbon 2022 and 2023 if 15% for a newly established intensive products unemployment Climate Change Finance may receive a rate is 5% or Corporation to finance “clean rebate based on higher energy” and climate change the emissions fee A rebate is resiliency activities, including and manufacturing provided for research and development and costs attributable carbon capture, commercialization of to the emissions sequestration, technologies fee and utilization activities H.R. 8175 Tax on fossil Tax imposed on Tax ceases if emission Establishes a trust fund that No specific Imports of goods No specific McNerney fuels based on producers, miners, targets are met; receives appropriations equal provisions containing or provisions Sept. 4, 2020 the carbon or importers of targets based on life- to carbon tax revenues produced using content “of the fossil fuels cycle emission received in the Treasury fossil fuels subject life cycle percentage reductions Tax revenue used to offset a to a carbon emissions” (as determined by corresponding reduction in equivalency fee Tax starts in EPA) from fossil fuels individual income tax rates (determined by the 2021 at $25 per below 2005 levels: starting in 2021; remaining Secretary of the metric ton of revenues would be al ocated as Treasury) that is CO equal to the cost 2 emissions; 2025: 30% fol ows: tax rate 2030: 40% that U.S. producers 80% used to provide quarterly increases 2035: 50% below of a comparable dividends to every person with annual y by 2040: 70% good incur as a a Social Security number $10/ton; if 2050: 80% result of the U.S. emission targets 20% used to support a range carbon tax; this fee are met, tax of objectives, including: expires if the ceases to apply -worker transition assistance exporting nation for four years; -rural energy assistance implements -technology-neutral research equivalent CRS-69 Bill Number, Sponsor, Introduced Offset and Mechanism to Date, and International Address Carbon- Additional GHG Committee or General Covered Emissions Limit or Distribution of Allowance Allowance Intensive Reduction Floor Action Framework Entities/Materials Target Value or Tax/Fee Revenue Treatment Imports Measures tax reapplies if and development measures or if an subsequent -electric grid innovation international targets not met -infrastructure resilience agreement requires -energy efficiency and equivalent conservation measures Exporters of fossil fuels or materials that used fossil fuels during production or manufacture may receive a tax refund related to the increased costs of inputs (i.e., fossil fuels) subject to the carbon tax Source: Prepared by CRS. CRS-70 Market-Based Greenhouse Gas Emission Reduction Legislation Author Information Jonathan L. Ramseur Specialist in Environmental Policy Disclaimer This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. Information in a CRS Report should n ot be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you wish to copy or otherwise use copyrighted material. Congressional Research Service R45472 · VERSION 16 · UPDATED 71 the Treasury

Provides additional allowances for sequestration projects

No specific provision

No specific provision

S. 2724
Carper
May 4, 2006

Cap-and-trade system for CO2 emissions from electricity sector; also addresses other air pollutants (mercury, sulfur dioxide, nitrogen oxide)

Fossil-fuel-fired electric generating facilities that have a capacity of greater than 25 megawatts and generate electricity for sale

2001 CO2 emission levels by 2015

Allotted to covered sources based on previous years emission levels

Determined by EPA

No specific provision

No specific provision

H.R. 5642
Waxman
June 20, 2006

Cap-and-trade system for GHG

Determined by EPA

1990 GHG levels for covered sources by 2020; 80% below 1990 levels by 2050

Determined by the President based on plan submitted to Congress; sell via auction and distribute to non-covered sources to achieve specified goals: maximize public benefit, mitigate energy costs to consumers, provide worker transition assistance, among others

No specific provision

No specific provision

EPA to promulgate additional regulations to reduce GHG emissions, including performance standards, efficiency standards, technology requirements, among others; directs Department of Energy to promulgate renewable portfolio standards

S. 3698
Jeffords
July 20, 2006

Directs EPA to issue regulations to meet GHG emissions goals; may include a market-based approach

Determined by EPA

1990 GHG levels by 2020; 80% below1990 levels by 2050

Determined by EPA; allowances to covered entities; remaining allowances to households, communities, and other groups for various objectives

No specific provision

No specific provision; allowances may be allotted to companies that experience disproportionate impacts from lower-carbon economy

Directs EPA to issue CO2 emissions standards for vehicles and CO2 emissions standards for new power plants, create low-carbon electricity generation standards and trading program, promulgate electricity efficiency standards, and establish renewable energy portfolio standards

S. 4039
Kerry
Sep. 29, 2006

Cap-and-trade system for GHG emissions

Determined by EPA through a rulemaking process

1990 GHG levels for covered sources by 2020

Determined by the President; Congress may enact alternative plan within one year

No specific provision

No specific provision

No specific provision

Source: Prepared by CRS.

Table 3. GHG Emission Reduction Proposals: 110th Congress

Ordered Chronologically by Introduced Date

Bill Number, Sponsor, Introduced Date, and Committee or Floor Action

General Framework

Covered Entities/Materials

Emissions Limit or Target

Distribution of Allowance Value or Tax/Fee Revenue

Offset and International Allowance Treatment

Mechanism to Address Carbon-Intensive Imports

Additional GHG Reduction Measures

S. 280 Lieberman
Jan. 12, 2007

Cap-and-trade system for GHG emissions from multiple sectors

Electric power, industrial, or commercial entities that emit over 10,000 mtCO2e annually; any refiner or importer of petroleum products for transportation use that, when combusted, will emit over 10,000 mtCO2e annually; and any importer or producer of HFC, PFC, and SF6 that, when used, will emit over 10,000 mtCO2e

1990 GHG levels for covered sources by 2020, reduced by the level of emissions from non-covered sources

Determined by EPA

Up to 15% of submitted allowances can come from domestic or international offsets; if offsets account for 15% of allowances, at least 1.5% must come from agricultural sequestration

No specific provision

No specific provision

S. 309
Sanders
Jan. 16, 2007

Determined by EPA, but must be a market-based program for GHG emissions

Determined by EPA through a rulemaking process

1990 GHG levels for all sources by 2020

Determined by EPA

No specific provision

No specific provision

GHG emission standards for vehicles, new electric power plants, and an energy efficiency performance standard

S. 317
Feinstein
Jan. 17, 2007

Cap-and-trade system for GHG emissions from electricity sector

Fossil-fuel-fired electric generating facilities with a capacity of greater than 25 megawatts

5% below 2001 GHG levels for electric generators by 2020

Initially provided to covered entities at no cost; percentage of allowances sold via auction gradually increases: by 2036, 100% sold via auction; activities funded by auction revenues include technology development and energy efficiency

Up to 25% of required reductions may be achieved with EPA-approved international credits

No specific provision

No specific provision

H.R. 620
Olver
Jan. 22, 2007

Cap-and-trade system for GHG emissions from multiple sectors

Electric power, industrial, or commercial entities that emit over 10,000 mtCO2e annually; any refiner or importer of petroleum products for transportation use that, when combusted, will emit over 10,000 mtCO2e annually; and any importer or producer of HFCs, PFCs, or SF6 that, when used, will emit over 10,000 mtCO2e

1990 GHG levels for covered sources by 2020, reduced by the level of emissions from non-covered sources

Determined by EPA

Up to 15% of allowance submission can come from domestic and/or international offsets

No specific provision

No specific provision

S. 485
Kerry
Feb. 1, 2007

Cap-and-trade system for GHG emissions

Determined by EPA through a rulemaking process

1990 GHG levels for covered sources by 2020

Determined by the President; Congress may enact alternative plan within one year

No specific provision

No specific provision

No specific provision

H.R. 1590 Waxman
Mar. 20, 2007

Cap-and-trade system for GHG emissions

Determined by EPA through a rulemaking process

1990 GHG levels for all sources by 2020

Determined by the President; Congress may enact alternative plan within one year

No specific provision

No specific provision

GHG emission standards for vehicles, energy efficiency standards, renewable portfolio standards

H.R. 2069
Stark
Apr. 26, 2007

Tax starting at $10/short ton of carbon content in taxable fuels, which equates to approximately $2.70/tCO2 emissions

The rate increases $10 per year (in nominal dollars)

Manufacturers, producers, or importers who sell a taxable fuel, which includes coal, petroleum and petroleum products, and natural gas

Tax rate freeze if CO2 emissions do not exceed 20% of U.S. 1990 CO2 emissions by 2020

No specific provision

NA

No specific provision

No specific provision

S. 1766 Bingaman
July 11, 2007

Cap-and-trade system for GHG emissions from multiple sectors with allowance price ceiling: in 2012, $12/ton, increasing by 5% annually plus inflation

Petroleum refineries, natural gas processing plants, and imports of petroleum products, coke, or natural gas; entities that consume more than 5,000 tons of coal a year; importers of HFCs, PFC, SF6, N2O, or products containing such compounds, and adipic acid and nitric acid plants, aluminum smelters, and facilities that emit HFCs as a byproduct of HCFC production

1990 GHG levels for covered sources by 2020

In 2012, 53% of allowances allocated to covered and certain industrial entities

23% allocated to states and for sequestration and early reduction activities

24% are auctioned to fund low-income assistance, carbon capture and storage, and adaptation activities

The percentage auctioned increases steadily, reaching 53% by 2030

Unlimited use of domestic offsets; international offsets limited to 10% of a regulated entity's emissions target

International reserve allowances must accompany imports of any covered GHG intensive goods and primary products to the United States

Least developed nations or those that contribute no more than 0.5% of global emissions are excluded

No specific provision

H.R. 3416
Larson
Aug. 3, 2007

Tax on CO2 content on fossil fuels, starting at $15/short ton CO2 emissions, increasing by 10% annually plus inflation

Manufacturers, producers, or importers of coal, petroleum, and natural gas

No specific provision

In first year (2008), approximately 76% would support a payroll tax rebate

16% would fund clean energy technology

8% would support affected industry transition assistance (declining to zero by 2017)

Allows for domestic offset projects (as prescribed by the Secretary of the Treasury) to be submitted as tax credits or tax refunds

No specific provision other than direct assistance to affected industries (determined by the Secretaries of the Treasury and Labor)

No specific provision

H.R. 4226 Gilchrest
Nov. 15, 2007

Cap-and-trade system for GHG emissions from multiple sectors

A Carbon Market Efficiency Board may implement cost-relief measures

Electric power, industrial, or commercial entities that emit over 10,000 mtCO2e annually; refiners or importers of petroleum products for transportation use that, when combusted, will emit over 10,000 mtCO2e annually; and importers or producers of HFCs, PFCs, or SF6 that, when used, will emit over 10,000 mtCO2e

85% of 2006 GHG levels from covered sources, reduced by the level of emissions from non-covered sources by 2020

Determined by EPA

Up to 15% of allowance submission can come from domestic and/or international offsets

The President may establish a program to require importers to pay the value of GHGs emitted during the production of goods or services imported into the United States from countries that have no comparable emission restrictions to those of the United States

No specific provision

S. 2191
Lieberman
Oct. 18, 2007

Ordered reported by the Senate Committee on Environment and Public Works on Dec. 5, 2007

Cap-and-trade system for GHG emissions from multiple sectors

Producers or importers of petroleum or coal-based liquid or gaseous fuel that emits GHGs, or facilities that produce or import more than 10,000 mtCO2e of GHG chemicals annually; facilities that use more than 5,000 tons of coal annually; natural gas processing plants or importers (including liquid natural gas [LNG]); or facilities that emit more than 10,000 mtCO2e of HFCs annually as a byproduct of HFC production

Emission cap for covered sources in 2020 is 4.924 billion tCO2e (19% below 2005 levels for covered sources)

In 2012: 40% of allowances allocated to covered electric utilities, industrial facilities, and coops

9% allocated to states for conservation, extra reductions, and other activities

11.5% for various sequestration activities

10% allocated for electricity consumer assistance

5% for early reductions

0.5% for tribal governments

18% (plus an early auction of 6%) auctioned to fund technology deployment, carbon capture and storage, low-income and rural assistance, and adaptation activities

Up to 15% of allowance requirement may be achieved through domestic offsets; international offsets can satisfy an additional 15%

International reserve allowances must accompany imports of any covered GHG-intensive goods and primary products to the United States

Least developed nations or those that contribute no more than 0.5% of global emissions are excluded

Low carbon fuel standard for transportation fuels

S. 3036
Boxer
May 20, 2008

S.Amdt. 4825 (in the nature of substitute) failed a cloture motion on June 6, 2008

Cap-and-trade system for GHG emissions from multiple sectors

A Carbon Market Efficiency Board may implement cost-relief measures if necessary

Producers or importers of petroleum- or coal-based liquid or gaseous fuel that emits GHGs, or facilities that produce or import more than 10,000 mtCO2e of GHG chemicals annually; facilities that use more than 5,000 tons of coal annually; natural gas processing plants or importers (including LNG); or facilities that emit more than 10,000 mtCO2e of HFCs annually as a byproduct of HFC production

Emission cap for covered sources in 2020 is 4.924 billion tCO2e (19% below 2005 levels for covered sources)

A share of allowances are auctioned for deficit reduction increasing from 6.1% in 2012 to 15.99% in 2031 and thereafter

The "remainder allowances" are distributed in 2012 (adjusted in future years) as follows:

38% of allowances to covered electric utilities, industrial facilities, and co-ops

10.5% to states for conservation, extra reductions, and other activities

7.5% for various sequestration activities

11% allocated for electricity and natural gas consumer assistance

5% for early reductions

0.5% for tribal governments

1% for methane reduction projects

21.5% (plus an early auction of 5%) auctioned to fund technology deployment, carbon capture and storage, low income and rural assistance, and adaptation activities, as well as program management

Up to 15% of allowance requirement may be achieved through domestic offsets; international allowances can satisfy an additional 15%

International reserve allowances must accompany imports of any covered GHG-intensive goods and primary products to the United States

Least developed nations or those that contribute no more than 0.5% of global emissions are excluded

Low carbon fuel standard for transportation fuels

H.R. 6186 Markey
June 4, 2008

Cap-and-trade system for GHG emissions from multiple sectors

Electric power or industrial facilities that emit over 10,000 mtCO2e; producers or importers of petroleum or coal-based liquid products that, when combusted, will emit over 10,000 mtCO2e annually; local distribution companies that deliver natural gas that, when combusted, will emit over 10,000 tCO2e annually; producers or importers of HFCs, PFCs, SF6, or NF3 that, when used, will emit over 10,000 mtCO2e; sites at which CO2 is geologically sequestered on a commercial scale

Emission cap for covered sources in 2020 is 4.983 billion tCO2e

Between 2012 and 2019, 6% of allowances would be distributed to manufacturers of "trade-exposed primary goods"

Remaining 94% auctioned (100% by 2020), with revenues distributed (in FY2010-FY2019) as follows:

58.5% to middle- and low-income households as tax credits and/or rebates

12.5% for development and promotion of low-carbon technology

12.5% for energy efficiency programs

4.5% for biological sequestration

1.5% for worker transition assistance

2% for domestic adaptation efforts

1.5% for protection of natural resources

1.5% for international forest protection

3.5% for international clean technology

2% for international adaptation efforts

Up to 15% of allowance requirement may be achieved through domestic offsets; international offsets or allowances can satisfy an additional 15%

International reserve allowances must accompany imports of any covered GHG intensive goods and primary products to the United States

Least developed nations or those that contribute no more than 0.5% of global emissions are excluded

EPA to develop emission performance standards for certain non-covered entities that exceed 10,000 tCO2e per year

Low-carbon fuel standard for transportation fuels

Performance standard for certain coal-fired power plants to capture and geologically sequester not less than 85% of their CO2 emissions

H.R. 6316 Doggett
June 19, 2008

Cap-and-trade system for GHG emissions from multiple sectors

A Carbon Market Efficiency Board may implement cost-relief measures

Producers or importers of petroleum- or coal-based liquid or gaseous fuel that emits GHGs, or facilities that produce or import more than 10,000 mtCO2e of GHG chemicals annually; facilities that use more than 5,000 tons of coal annually; natural gas processing plants or importers (including LNG); or, facilities that emit more than 10,000 mtCO2e of HFCs annually as a byproduct of HFC production

Emission cap for covered sources in 2020 is 6.087 billion mtCO2e

In 2012, 5% of the allowances are allocated to electric generators; 10% are allocated to energy intensive industries

Remaining allowances are auctioned with revenues used for the following:

54% for consumer assistance (66% of which goes towards providing health insurance coverage, the remainder for rebates and tax relief)

15% of revenues for deficit reduction

11.4% for international activities

7.5% for energy efficiency

7% for natural resource adaptation

7% for green energy research

4% for worker assistance

3% for forestry and agricultural activities

2.7% for states and tribes

2% for transportation alternatives

1% for early action

0.4% for education

Up to 10% of allowance requirement may be achieved through domestic offsets; international allowances can satisfy an additional 15%

International reserve allowances must accompany imports of any covered GHG-intensive goods and primary products to the United States

Least developed nations or those that contribute no more than 0.5% of global emissions are excluded

EPA to promulgate regulations that address emissions in uncovered sectors

Source: Prepared by CRS.

Table 4. GHG Emission Reduction Proposals: 111th Congress

Ordered Chronologically by Introduced Date

Bill Number, Sponsor, Introduced Date, and Committee or Floor Action

General Framework

Covered Entities/Materials

Emissions Limit or Target

Distribution of Allowance Value or Tax/Fee Revenue

Offset and International Allowance Treatment

Mechanism to Address Carbon-Intensive Imports

Additional GHG Reduction Measures

H.R. 594
Stark
Jan. 15, 2009

Tax on CO2 content in fossil fuels, starting at $10/short ton, increasing by $10 per year

Manufacturers, producers, or importers who sell a taxable fuel, which includes coal, petroleum and petroleum products, and natural gas

Tax freezes if CO2 emissions do not exceed 20% of U.S. 1990 CO2 emissions by 2020

No specific provision

NA

No specific provision

No specific provision

H.R. 1337
Larson
Mar. 5, 2009

Tax on CO2 content in fossil fuels, starting at $15/short ton, increasing by $10 each year emissions target is not met

Manufacturers, producers, or importers of coal, petroleum, and natural gas

EPA is to establish (within five years after enactment) annual CO2 emission targets in order to reach goal of 80% below 2005 CO2 emissions by 2050

In first year:

76% would support a payroll tax rebate

16% would fund clean energy technology

8% would support affected industry transition assistance (declining to zero by 2017)

Instructs Department of the Treasury (in consultation with Department of Energy) to submit a report of qualified offset projects but does not allow for projects to generate tax credits

Department of the Treasury imposes a carbon equivalency fee on imported carbon-intensive goods, including steel, aluminum, and paper; fee based on emissions associated with production of carbon-intensive goods

No specific provision

H.R. 1666 Doggett
Mar. 23, 2009

Cap-and-trade system for GHG emissions, with an oversight board to manage price path between 2012 and 2019

Not explicitly defined

Target of 4.9 billion mtCO2e for covered entities by 2020

Oversight board administers auctions to manage the allowance price path; precise use of auction revenues is not specified

No specific provision

No specific provision

No specific provision

H.R. 1683 McDermott
Mar. 24, 2009

Hybrid cap/tax system for GHG emissions: covered persons must purchase an emission permit from the Department of the Treasury when a "GHG emission substance" is produced or enters the United States; permits may not be sold or exchanged; price for emission permits based on achieving annual emission targets

Coal producers, petroleum refineries; producers of other GHG emission substances (including natural gas, among others); importers of GHG emission substances

25% below 2005 GHG emissions by 2020

Establishes trust fund that would receive appropriations equal to revenue received by selling emission permits

Precise use of the revenue is not specified

No specific provision

Department of the Treasury imposes a GHG emission permit equivalency fee on imported carbon-intensive goods, including steel, aluminum, and paper

No specific provision

H.R. 1862
Van Hollen
Apr. 1, 2009

Cap-and-trade system for CO2 emissions from multiple sectors

Person who makes the first sale in United States of coal, oil, natural gas, and any fossil-fuel-derived products used as a combustible fuel

25% below 2005 CO2 emissions by 2020

100% of allowances sold via auction; proceeds used to fund consumer dividend payments; each month, every person with a Social Security number would receive an equal payment

No specific provision

Department of the Treasury imposes a carbon equivalency fee on imported carbon-intensive goods, including steel, aluminum, and paper

No specific provision

H.R. 2380
Inglis
May 13, 2009

Tax on fossil fuels, starting at $15/short ton of CO2 emissions, and increasing by approximately 6.5% each year, plus cost-of-living adjustments

Manufacturers, producers, or importers of coal, petroleum, and natural gas

No specific provision

Tax revenue used to offset a corresponding reduction in payroll tax rates (employee, employer, and self-employed)

No specific provision

Imposes a tax on "imported taxable products" in relation to fossil fuels used or the CO2 emissions generated during the product's manufacturing process

No specific provision

H.R. 2454 Waxman-Markey
May 15, 2009

Reported by the Committee on Energy and Commerce on June 5, 2009

Passed the House on June 26, 2009

For more information, see CRS Report R40643, Greenhouse Gas Legislation: Summary and Analysis of H.R. 2454 as Passed by the House of Representatives, coordinated by Mark Holt and Gene Whitney

Cap-and-trade system for GHG emissions from multiple sectors

Electricity generators, various fuel producers and importers, fluorinated gas producers and importers, geological sequestration sites, various industrial sources, and local distribution companies (LDCs) that deliver natural gas

Covered entity coverage is phased in by category so that all of the above are under the cap in 2016

17% below 2005 emissions from covered sources by 2020

Emission allowance value distributed (as no-cost allowances or auction revenue) in the following manner in 2016:

30% (at minimum) to electricity LDCs; 0.5% for small electric LDCs; 9% to natural gas LDCs; 1.5% to states for home-heating oil consumers

15% directly to low-income consumers

13.4% to energy-intensive, trade-exposed industries; up to 3.5% to merchant coal units; 2% to petroleum refineries plus 0.25% for small business refineries; up to 1.5% for certain long-term power contract operators

7.1% to states to support renewable energy and energy efficiency efforts

6% to promote technological advances

5% to reduce international deforestation

0.2% for deficit reduction

5% to further other objectives

In 2016, approximately 27% of an entity's allowance obligation can be satisfied with offsets; this percentage increases to 36% by 2030

Up to half of an entity's offsets can come from domestic sources and up to half from international sources

Unless otherwise determined by EPA, covered entities may use unlimited amount of international allowances from "qualifying programs"

Energy-intensive, trade-exposed industries to receive allowances at no cost until phased out in mid-2030s; and

EPA to promulgate rules establishing an international reserve allowance system for any covered good of an eligible industrial sector from a covered country

Exemptions are provided for (1) least developed countries, (2) countries that emit less than 0.5% of global GHG emissions, and (3) countries meeting specific criteria

Establishes a separate cap-and-trade program that controls HFC emissions

Directs EPA to establish emission performance standards for select sources not covered by the emissions cap

S. 1733
Kerry-Boxer
Sep. 30, 2009

Reported by the Committee on Environment and Public Works (a "Manager's Amendment" in the nature of substitute) on Nov. 5, 2009

Cap-and-trade system for GHG emissions from multiple sectors

Electricity generators, various fuel producers and importers, fluorinated gas producers and importers, geological sequestration sites, various industrial sources, and LDCs that deliver natural gas

Coverage is phased in by category so that all of the above are under the cap in 2016

20% below 2005 emissions from covered sources by 2020

Emission allowance value is distributed in the following manner in 2016:

25.8% (at minimum) to electricity LDCs; 0.94% for small electric LDCs

7.7% to natural gas LDCs

1.3% to states for home-heating oil consumers

12.9% directly to low-income consumers

12.1% to energy-intensive, trade-exposed industries

up to 3.0% to merchant coal units

0.64% to petroleum refineries plus 0.86% for small business refineries and 0.43% for medium refineries

up to 1.3% for certain long-term power contract operators

5.97% to states to support renewable energy and energy efficiency efforts

5.6% to promote technological advances

1.92% for GHG reductions in the transportation sector

10.3% for deficit reduction

8% to further other objectives

In 2016, approximately 35% of an entity's allowance submission can comprise offsets; up to 75% of an entity's offsets can come from domestic sources and up to 25% from international sources

Unless otherwise determined by EPA, unlimited use of international allowances from "qualifying programs"

Trade-exposed, carbon-intensive industries to receive allowances at no cost; in addition, the bill states:

"It is the sense of the Senate that this Act will contain a trade title that will include a border measure that is consistent with our international obligations and designed to work in conjunction with provisions that allocate allowances to energy-intensive and trade-exposed industries"

Establishes a separate cap-and-trade program that controls HFCs

S. 2877
Cantwell
Dec. 11, 2009

Hybrid cap/tax system for CO2 emissions: covered entities submit "carbon shares" for CO2 emissions associated with the use of the fossil fuels

Trading of carbon shares is restricted to a dedicated exchange established by Treasury

Price ceiling for carbon shares: initially at $21/tCO2 in 2012; if reached, additional shares made available, and this revenue would support mitigation from non-covered entities

Fossil fuel producers (e.g., mines, wells) and importers who introduce "fossil carbon" into the United States economy

20% below 2005 GHG levels from all sources by 2020

All carbon shares sold in auctions

Subject to the appropriations process, 75% of the revenue would be distributed monthly in non-taxable dividends to all legally residing individuals in the United States

Subject to the appropriations process, 25% could be used to support a myriad of policy objectives, including worker transition assistance, adaptation, technology development, energy efficiency, biological sequestration, and deficit reduction

Offsets are not allowed for compliance purposes

Treasury may impose fees for the "production process carbon" associated with commodities imported into the United States

No specific provision

Kerry-Lieberman Discussion Draft
May 12, 2010
(considered by many to be the primary legislative vehicle in the Senate at the time)

Cap-and-trade system for GHG emissions from multiple sectors

Electricity generators, various fuel producers and importers, fluorinated gas producers and importers, geological sequestration sites, various industrial sources, and LDCs that deliver natural gas

Covered entity coverage is phased in by category so that all of the above are under the cap in 2016

17% below 2005 emissions from covered sources by 2020

Emission allowance value distributed in the following manner in 2016:

30% (at minimum) to electric LDCs; 9% for natural gas LDCs; 1.5% to states for home-heating oil and propane consumers;

12.3% directly to low-income consumers

15% to trade-exposed industries; up to 0.5% to merchant coal units; 3.75% to petroleum refineries; up to 4.5% to long-term power contract operators

2% to states to support renewable energy and energy efficiency efforts

4% to promote technological advances

9.2% to support transportation infrastructure and efficiency

6.75% for deficit reduction

1.5% auctioned to help mitigate against high allowance prices

In 2016, approximately 35% of an entity's allowance submission can comprise offsets; up to 75% of an entity's offsets can come from domestic sources and up to 25% from international sources

Unless otherwise determined by EPA, unlimited use of international allowances from "qualifying programs"

Trade-exposed, carbon-intensive industries to receive allowances at no cost

EPA to establish an international reserve allowance system for covered goods of an eligible industrial sector from a covered country

Exemptions are provided for (1) least developed countries, (2) countries that emit less than 0.5% of global GHG emissions, and (3) countries meeting the specific criteria

Establishes a separate cap-and-trade program that controls HFC

Source: Prepared by CRS.

Table 5. GHG Emission Reduction Proposals: 112th Congress

Ordered Chronologically by Introduced Date

Bill Number, Sponsor, Introduced Date, and Committee or Floor Action

General Framework

Covered Entities/Materials

Emissions Limit or Target

Distribution of Allowance Value or Tax/Fee Revenue

Offset and International Allowance Treatment

Mechanism to Address Carbon-Intensive Imports

Additional GHG Reduction Measures

H.R. 3242
Stark
Oct. 24, 2011

Tax on CO2 emissions from combustion of fossil fuels and other materials

Rate starts at $10/short ton of CO2 emissions, increasing by $10 per year until emissions target reached

Manufacturers, producers, or importers who sell coal, petroleum and petroleum products, natural gas, biomass, municipal solid waste, and any other organic material sold for energy use

80% reduction of CO2 emission levels in 1990

Tax revenue is distributed annually in pro rata payments to individuals with a taxpayer identification number

No specific provision

Border adjustment fees for comparable imported products

No specific provision

H.R. 6338
McDermott
Aug. 2, 2012

Hybrid cap/tax approach on GHG emissions: covered entities purchase permits from the Department of the Treasury for expected emissions associated with combustion or use of covered material (e.g., fossil fuels)

Permits cannot be sold or traded

Price floor and price ceiling (i.e., price collar), ranges between $6.25 and $18.75 in 2015

Coal producers, petroleum refineries, first seller of natural gas, producers and importers of GHG emission substances

Average emissions between 2015 and 2019 equal to GHG emissions in 2005 by 2020

75% of the permit revenue is used to send monthly dividend payments to taxpayers

25% retained for deficit reduction

No specific provision

Unless an exporting nation has implemented equivalent measures, imports of carbon-intensive goods will be subject to a fee—determined by the Secretary of the Treasury—that is equivalent to the costs domestic producers of comparable products incur due to the carbon price

Exporters of carbon-intensive goods may receive a payment related to the increased costs of inputs (i.e., fossil fuels) subject to the fee

No specific provision

Source: Prepared by CRS.

Table 6. GHG Emission Reduction Proposals: 113th Congress

Ordered Chronologically by Introduced Date

Bill Number, Sponsor, Introduced Date, and Committee or Floor Action

General Framework

Covered Entities/Materials

Emissions Limit or Target

Distribution of Allowance Value or Tax/Fee Revenue

Offset and International Allowance Treatment

Mechanism to Address Carbon-Intensive Imports

Additional GHG Reduction Measures

S. 332
Sanders
Feb. 14, 2013

Upstream tax/fee on fossil fuels based on their carbon content

EPA would impose a fee on coal, petroleum, and natural gas produced or imported into the United States

GHG emissions at 80% below 2005 levels by 2050

60% distributed to EPA to provide monthly rebates to legal residents

40% finances a trust fund that distributes the following amounts annually for 10 years:

$7.5 billion to mitigate economic impacts of Energy Intensive Trade Exposed (EITE) industries (25% must be energy efficiency investments in EITE industries)

$5 billion to support the Weatherization Assistance Program

$1 billion for job training and transition assistance

$2 billion for Advanced Research Projects Agency-Energy

Any remaining funds in the trust fund are applied to deficit reduction

Revenues from the carbon equivalency fee on imports:

50% to EPA to distribute to state/local programs for adaptation, infrastructure improvement, and environmental protection

50% to the Department of Transportation to support state/local critical infrastructure and transportation projects that reduce vehicular traffic

No specific provision

A carbon equivalency fee would apply to imports of carbon-pollution-intensive goods

Directs EPA to submit report to Congress describing fugitive methane emissions related to leaks in natural gas infrastructure and recommending ways to address these leaks; directs EPA to enter agreement with the National Academy of Sciences to study GHG emissions from non-covered sources and make recommendations for reducing these emissions

S. 2940
Whitehouse
Nov. 19, 2014

Fee on fossil fuels based on their carbon content and certain facilities

Fee set at $42/mtCO2 emissions in 2015, increasing by 2% plus inflation each year

Fee applies to coal at mines, petroleum at refineries, natural gas at processors, imported fossil fuels, and facilities that (1) are subject to GHG reporting requirements in 40 C.F.R. Part 98 and (2) emit more than 25,000 tons of CO2 annually

Fee continues until national GHG emissions are 80% below 2005 levels

Fee revenue used to create the American Opportunity Fund, appropriations from the fund could support the following (percentages not specified):

income assistance to low-income households facing disproportionate energy costs

tax cut offsets

Social Security benefit increases

tuition assistance-infrastructure improvements

dividends to individuals and families

transition assistance to workers in energy-intensive industries

climate mitigation and adaptation

national debt reduction

No specific provisions

Imports of carbon-intensive goods subject to a fee—determined by the Secretary of the Treasury—that is equivalent to the difference in (1) costs domestic producers of comparable products incur due to the carbon price and (2) the comparable costs (e.g., GHG fees) imposed by the nation exporting the material

Exporters of carbon-intensive goods may receive a refund related to the increased costs of inputs (i.e., fossil fuels) subject to the fee

Separate fee for non-CO2 GHG emissions at facilities that (1) are subject to GHG reporting requirements in 40 C.F.R. Part 98 and (2) emit more than 25,000 mtCO2e (not including CO2 emissions)

Additional fee for methane emissions from fossil fuel extraction, distribution, and combustion

Source: Prepared by CRS.

Table 7. GHG Emission Reduction Proposals: 114th Congress

Ordered Chronologically by Introduced Date

Bill Number, Sponsor, Introduced Date, and Committee or Floor Action

General Framework

Covered Entities/Materials

Emissions Limit or Target

Distribution of Allowance Value or Tax/Fee Revenue

Offset and International Allowance Treatment

Mechanism to Address Carbon-Intensive Imports

Additional GHG Reduction Measures

H.R. 972
McDermott
Feb. 13, 2015

Hybrid cap/tax approach on GHG emissions: covered entities purchase permits from the Department of the Treasury for expected emissions associated with fossil fuel use

Permits cannot be sold or traded

Price floor and price ceiling, ranging between $18.75 and $31.25 in 2017, increasing each year

Coal producers, petroleum refineries, first seller of natural gas, producers and importers of GHG emission substances

Average emissions between 2016 and 2020 equal to 90% of GHG emissions in 2005 by 2020

100% of the permit revenue is used to send monthly dividend payments to taxpayers

No specific provision

Unless an exporting nation has implemented equivalent measures, imports of carbon-intensive goods will be subject to a fee—determined by the Secretary of the Treasury—that is equivalent to the costs domestic producers of comparable products incur due to the carbon price

Exporters of carbon-intensive goods may receive a payment related to the increased costs of inputs (i.e., fossil fuels) subject to the fee

No specific provision

H.R. 2202
Delaney
May 1, 2015

Imposes an excise tax on GHG emissions

Tax starts at $30/mtCO2e, increasing each year by 4% plus inflation

Tax applies to GHG emissions associated with fossil fuel combustion and GHG emissions from facilities that (1) are subject to GHG reporting requirements in 40 C.F.R. Part 98 and (2) emit more than 25,000 tons of GHGs annually

Directs the Treasury Secretary to apply the tax at natural "chokepoints" in the supply chain in a way that maximizes the coverage of the tax on sources of emission while minimizing the burden on administration and compliance

No specific provisions

Distributes monthly energy refund payments to households based on the household's gross income level; households with incomes up to 200% above poverty line are eligible, but higher-income households may receive scaled refunds under certain conditions; payments are based on estimates (calculated by the Energy Information Administration) of loss of purchasing power due to the carbon tax

During the first 10 years of the tax, 2% of the revenues may be used to provide assistance to workers in the coal industry displaced by the act

Although not explicitly tied to the GHG tax revenue, the bill would gradually reduce the highest tax rate on corporate income from 35% to 28%

A tax refund is provided for GHG emissions that are captured and permanently sequestered

The Secretary of the Treasury may impose an equivalency fee on the person importing a good that would have had an increased cost (imposed by the carbon tax) if the good were produced in the United States

Exporters of carbon-intensive goods may receive compensation for losses related to the tax system

No specific provision

S. 1548
Whitehouse
June 10, 2015

Fee on fossil fuels based on their carbon content and on certain facilities for GHG emissions

Fee applies to coal at mines, petroleum at refineries, natural gas at processors, imported fossil fuels, and facilities that (1) are subject to GHG reporting requirements in 40 C.F.R. Part 98 and (2) emit more than 25,000 tons of GHGs

Fee continues until national GHG emissions are 80% below 2005 levels

The bill reduces the highest tax rate on corporate income from 35% to 29%, provides an annual tax credit for each individual, provides an equivalent benefit to individuals not eligible for the tax credit, provides up to $20 billion in annual cost-mitigation grants to states to be used to assist low-income and rural households with energy costs and support job training and worker assistance programs

No specific provisions

Imports of carbon-intensive goods subject to a fee—determined by the Secretary of the Treasury—that is equivalent to the difference in (1) costs domestic producers of comparable products incur due to the carbon price, and (2) the comparable costs (e.g., GHG fees) imposed by the nation exporting the material

Exporters of energy-intensive goods may receive a refund related to the increased costs of inputs (i.e., fossil fuels) subject to the fee

Separate fee for fluorinated GHGs

Separate fee for GHGs (other than CO2 and fluorinated gas emissions) set at $45/mtCO2e in 2016, increasing by 2% plus inflation each year

Additional fee for methane emissions from fossil fuel extraction, distribution, and combustion (as determined by Secretary of the Treasury)

S. 2399
Sanders
Dec. 10, 2015

Fee on fossil fuels based on carbon content

Fee starts at $15 mtCO2e, increasing annually by $2 to $4, until reaching $73 in 2035; increasing thereafter by 5% plus inflation

A carbon content fee is imposed on manufacturers, producers, or importers of a carbon polluting substance, which includes fossil fuels; carbon content determined by the Secretary of the Treasury

Target of 5.8 billion metric tons in 2020, which is equivalent to 20% below 2005 CO2 emissions from fossil fuel combustion

Distributes collected revenue from fees in equal quarterly rebates to each citizen or permanent resident; Secretary of the Treasury to issue regulations implementing rebate system; the rebates are phased out and eliminated for households earning over $100,000/year (with annual inflation adjustments); fees from imported materials would be used to support other objectives, including energy efficiency

No specific provisions

A carbon equivalency fee would apply to imports of carbon-pollution-intensive goods, as determined by the Secretary of the Treasury

Establishes the Interagency Climate Council to monitor GHG emission progress and issue regulations to help meet reduction targets; creates a grant program to promote no-till farming practices and a nitrogen uptake pilot program

Source: Prepared by CRS.

Table 8. GHG Emission Reduction Proposals: 115th Congress

Ordered Chronologically by Introduced Date

Bill Number, Sponsor, Introduced Date, and Committee or Floor Action

General Framework

Covered Entities/Materials

Emissions Limit or Target

Distribution of Allowance Value or Tax/Fee Revenue

Offset and International Allowance Treatment

Mechanism to Address Carbon-Intensive Imports

Additional GHG Reduction Measures

H.R. 2014
Delaney
Apr. 6, 2017

Imposes an excise tax on GHG emissions

Tax starts at $30/metric ton of CO2e, increasing each year by 4% plus inflation

Tax applies to GHG emissions associated with fossil fuel combustion and GHG emissions from persons who (1) are subject to GHG reporting requirements in 40 C.F.R. Part 98 and (2) emit more than 25,000 tons of GHGs annually

Directs the Treasury Secretary to apply the tax at natural chokepoints in the supply chain in a way that maximizes the coverage of the tax on sources of emission while minimizing the burden on administration and compliance

No specific provisions

Distributes monthly energy refund payments to households, based on the household's gross income level; households with incomes up to 200% above poverty line are eligible, but higher-income households may receive scaled refunds under certain conditions; payments are based on estimates (calculated by the Energy Information Administration) of loss of purchasing power due to the carbon tax

During the first 10 years of the tax, 2% of the revenues may be used to provide assistance to workers in the coal industry displaced by the act

Although not explicitly tied to the GHG tax revenue, the bill would gradually reduce the highest tax rate on corporate income from 35% to 28%

A tax refund is provided for GHG emissions that are captured and permanently sequestered

The Secretary of the Treasury may impose an equivalency fee on the person importing a good that would have had an increased cost (imposed by the carbon tax) if the good is produced in the United States

Exporters of carbon-intensive goods may receive compensation for losses related to the tax system

 

S. 1639
Whitehouse
July 26, 2017

Fee on fossil fuels based on their carbon content and certain facilities for GHG emissions

Fee set at $49/ton CO2 emissions in 2018, increasing by 2% plus inflation each year

Fee applies to coal at mines, petroleum at refineries, natural gas at processors, imported fossil fuels, and facilities that (1) are subject to GHG reporting requirements in 40 C.F.R. Part 98 and (2) emit more than 25,000 tons of GHGs annually

Fee continues until national GHG emissions are 80% below 2005 levels

The bill reduces the highest tax rate on corporate income from 35% to 29%, provides an annual tax credit for each individual, provides an equivalent benefit to individuals not eligible for the tax credit, provides up to $20 billion in annual cost-mitigation grants to states to be used to assist low-income and rural households with energy costs and support job training and worker assistance programs

No specific provisions

Imports of carbon-intensive goods subject to a fee—determined by the Secretary of the Treasury—that is equivalent to the difference in (1) costs domestic producers of comparable products incur due to the carbon price, and (2) the comparable costs (e.g., GHG fees) imposed by the nation exporting the material

Exporters of energy-intensive goods may receive a refund related to the increased costs of inputs (i.e., fossil fuels) subject to the fee

Separate fee for fluorinated GHGs

Fee for facilities that (1) are subject to GHG reporting requirements in 40 C.F.R. Part 98 and (2) emit more than 25,000 mtCO2e emissions (other than CO2 or fluorinated GHGs)

Additional fee for GHG emissions resulting from venting, flaring, and leaking across the coal, natural gas, and petroleum supply chains (as determined by Secretary of the Treasury)

H.R. 3420
Blumenauer
July 26, 2017

Fee on fossil fuels based on their carbon content and certain facilities for GHG emissions

Fee set at $49/ton CO2 emissions in 2018, increasing by 2% plus inflation each year

Fee applies to coal at mines, petroleum at refineries, natural gas at processors, imported fossil fuels, and facilities that (1) are subject to GHG reporting requirements in 40 C.F.R. Part 98 and (2) emit more than 25,000 tons of GHGs annually

Fee continues until national GHG emissions are 80% below 2005 levels

The bill reduces the highest tax rate on corporate income from 35% to 29%, provides an annual tax credit for each individual, provides an equivalent benefit to individuals not eligible for the tax credit, provides up to $20 billion in annual cost-mitigation grants to states to be used to assist low-income and rural households with energy costs and support job training and worker assistance programs

No specific provisions

Imports of carbon-intensive goods subject to a fee—determined by the Secretary of the Treasury—that is equivalent to the difference in (1) costs domestic producers of comparable products incur due to the carbon price and (2) the comparable costs (e.g., GHG fees) imposed by the nation exporting the material

Exporters of energy-intensive goods may receive a refund related to the increased costs of inputs (i.e., fossil fuels) subject to the fee

Separate fee for fluorinated GHGs

Fee for facilities that (1) are subject to GHG reporting requirements in 40 C.F.R. Part 98 and (2) emit more than 25,000 mtCO2e (other than CO2 or fluorinated GHGs)

Additional fee for GHG emissions resulting from venting, flaring, and leaking across the coal, natural gas, and petroleum supply chains (as determined by Secretary of the Treasury)

H.R. 4209
Larson
Nov. 1, 2017

Tax on fossil fuels based on their carbon content

Tax set at $49/mtCO2 in 2019, increasing by 2% plus inflation each year

Tax applies to manufacturers, producers, or importers of coal, petroleum, and natural gas

No specific provision

Establishes a trust fund that would receive appropriations equal to tax revenue received in the Treasury; the trust fund would provide annual funding for the following infrastructure programs:

$50 billion (plus the Highway Trust Fund shortfall) for highway (80%) and mass transit (20%);
$5 billion for the Transportation Investments Generating Economic Recovery program;
$3 billion for aviation;
$5 billion for passenger rail;
$6 billion for harbors, waterways, flood protection, and dams;
$6 billion for wastewater and drinking water; and
$3 billion for broadband

In addition, the trust fund provides:

$5 billion annually for worker transition assistance in the fossil fuel industries; and
12.5% for an energy refund program that would provide monthly payments to households with incomes up to 150% of poverty line

Any remaining revenues supports a consumer tax rebate for households with incomes up to 350% of the poverty line

No specific provisions

The Secretary of the Treasury shall impose a fee on imports of carbon-intensive goods; the fee will be equivalent to the cost that domestic producers incur due to the carbon tax; this fee expires if the exporting nation implements equivalent measures or if an international agreement requires equivalent measures

No specific provisions

S. 2352
Van Hollen
Jan. 29, 2018

Cap-and-trade system for CO2 emissions from fossil fuel combustion

Permits sold through quarterly auctions by the Department of the Treasury

Auction revenue distributed to individuals, often described as a "cap and dividend" approach

A permit reserve and borrowed permits from future years may be used to help stabilize auction prices

Covered materials include crude oil, coal, natural gas, and products derived from these materials used for combustion

Covered entities include petroleum refineries and importers, coal mines and importers, and natural gas deliverers (as reported on Energy Information Administration Form 176) and some natural gas processors

2020 limit: permits sold equal to 20% below 2005

2025 limit: permits sold equal to 30% below 2005 U.S. CO2 emissions

2030 limit: permits sold equal to 40% below 2005 U.S. CO2 emissions

2040 limit: permits sold equal to 60% below 2005 U.S. CO2 emissions

Auction revenue distributed via quarterly dividend payments to all persons with a valid Social Security number

No specific provisions

Unless an exporting nation has implemented equivalent measures, imports of carbon-intensive goods will be subject to a fee—determined by the Secretary of the Treasury—that is equivalent to the costs domestic producers of comparable products incur due to the carbon price

Exporters of carbon-intensive goods may receive compensation for losses related to the permit system

EPA directed to promulgate regulations to address other GHG emissions that are not covered by the permit program; emissions "directly attributable to the production of animals for food or food products" are excluded

H.R. 4889
Beyer
Jan. 29, 2018

Cap-and-trade system for CO2 emissions from fossil fuel combustion

Permits sold through quarterly auctions by the Department of the Treasury

Auction revenue distributed to individuals, often described as a "cap and dividend" approach

A permit reserve and borrowed permits from future years may be used to help stabilize auction prices

Covered materials include crude oil, coal, natural gas, and products derived from these materials used for combustion

Covered entities include petroleum refineries and importers, coal mines and importers, and natural gas deliverers (as reported on Energy Information Administration Form 176) and some natural gas processors

2020 target: reduce U.S. CO2 emissions to 20% below 2005 levels

2030 target: 40% below 2005 levels

Auction revenue distributed via quarterly dividend payments to all persons with a valid Social Security number

No specific provisions

Unless an exporting nation has implemented equivalent measures, imports of carbon-intensive goods will be subject to a fee—determined by the Secretary of the Treasury—that is equivalent to the costs domestic producers of comparable products incur due to the carbon price

Exporters of carbon-intensive goods may receive compensation for losses related to the permit system

EPA directed to promulgate regulations to address other GHG emissions that are not covered by the permit program; emissions "directly attributable to the production of animals for food or food products" are excluded

S. 2368
Whitehouse
Feb. 5, 2018

Fee on fossil fuels based on their carbon content and certain facilities for GHG emissions

Fee set at $50/ton CO2 emissions in 2019, increasing by 2% plus inflation each year

Fee applies to coal at mines, petroleum at refineries, natural gas at processors, imported fossil fuels, and facilities that (1) are subject to GHG reporting requirements in 40 C.F.R. Part 98 and (2) emit more than 25,000 tons of GHGs annually

Fee continues until national GHG emissions are 80% below 2005 levels

The bill provides an annual tax credit for each individual, provides an equivalent benefit to individuals not eligible for the tax credit, provides up to $10 billion in annual cost-mitigation grants to states to be used to assist low-income and rural households with energy costs and support job training and worker assistance programs; this amount increases annually

No specific provisions

Imports of carbon-intensive goods subject to a fee—determined by the Secretary of the Treasury—that is equivalent to the difference in (1) costs domestic producers of comparable products incur due to the carbon price and (2) the comparable costs (e.g., GHG fees) imposed by the nation exporting the material

Exporters of energy-intensive goods may receive a refund related to the increased costs of inputs (i.e., fossil fuels) subject to the fee

Separate fee for fluorinated GHGs

Separate fee for GHGs (other than CO2 and fluorinated gas emissions) at facilities that (1) are subject to GHG reporting requirements in 40 C.F.R. Part 98 and (2) emit more than 25,000 mtCO2e emissions

Additional fee for GHG emissions resulting from venting, flaring, and leaking across the coal, natural gas, and petroleum supply chains (as determined by Secretary of the Treasury)

H.R. 4926
Blumenauer
Feb. 5, 2018

Fee on fossil fuels based on their carbon content and certain facilities for GHG emissions

Fee set at $50/ton CO2 emissions in 2019, increasing by 2% plus inflation each year

Fee applies to coal at mines, petroleum at refineries, natural gas at processors, imported fossil fuels, and facilities that (1) are subject to GHG reporting requirements in 40 C.F.R. Part 98 and (2) emit more than 25,000 tons of GHGs annually

Fee continues until national GHG emissions are 80% below 2005 levels

The bill provides an annual tax credit for each individual, provides an equivalent benefit to individuals not eligible for the tax credit, provides up to $10 billion in annual cost-mitigation grants to states to be used to assist low-income and rural households with energy costs and support job training and worker assistance programs; this amount increases annually

No specific provisions

Imports of carbon-intensive goods subject to a fee—determined by the Secretary of the Treasury—that is equivalent to the difference in (1) costs domestic producers of comparable products incur due to the carbon price and (2) the comparable costs (e.g., GHG fees) imposed by the nation exporting the material

Exporters of energy-intensive goods may receive a refund related to the increased costs of inputs (i.e., fossil fuels) subject to the fee

Separate fee for fluorinated GHGs

Separate fee for GHGs (other than CO2 and fluorinated gas emissions) at facilities that (1) are subject to GHG reporting requirements in 40 C.F.R. Part 98 and (2) emit more than 25,000 mtCO2e

Additional fee for GHG emissions resulting from venting, flaring, and leaking across the coal, natural gas, and petroleum supply chains (as determined by Secretary of the Treasury)

H.R. 6463
Curbelo
July 23, 2018

Tax on fossil fuels based on their carbon content and on emissions from specific facilities and sources

Tax starts at $24/metric ton of CO2e, increasing by 2% plus inflation each year

Tax applies to coal at mines, petroleum at refineries, natural gas at processors, imported fossil fuels, facilities in specified industrial sectors that emit more than 25,000 metric tons of CO2e annually, facilities that manufacture or import specified products, and facilities that combust biomass with emissions above 25,000 metric tons of CO2e

No specific provision

Authorizes the Secretary of the Treasury to increase the tax rate if annual, cumulative emission reduction targets are not met (e.g., 5,177 million metric tons CO2e in 2020)

Establishes a trust fund that receives appropriations equal to 75% of tax revenue deposited in the Treasury; from this amount, the trust fund provides annual funding for the following objectives ("as provided in appropriations acts") between FY2021 and FY2030:

70% to the Federal Highway Trust Fund;

10% to the states as grants to low-income households;

5.0% for frequent and chronic coastal flooding mitigation and adaptation infrastructure projects;

3.0% for displaced energy workers;

2.7% for various energy-related research and development objectives (e.g., carbon capture and storage);

3.0% to support agricultural GHG sequestration projects;

2.5% for the Airport and Airway Trust Fund;

2.0% for the Abandoned Mine Reclamation Fund;

1.5% for the Department of Energy weatherization program;

0.1% for the Leaking Underground Storage Tank trust fund;

0.1% for the Reforestation Trust Fund;

0.1% to decrease the environmental impact of renewable energy activities pursuant to Section 931 of the Energy Policy Act of 2005

No specific provisions

Imports of carbon-intensive goods subject to a border tax—determined by the Secretary of the Treasury—that is equivalent to the costs in comparable domestic manufactured goods (associated with the carbon tax)

Exporters of energy-intensive goods may receive a tax refund related to the increased costs of inputs (i.e., fossil fuels) subject to the tax

Establishes a conditional moratorium on Clean Air Act GHG regulations for stationary emissions sources (with some exceptions)

Creates a National Climate Commission to set five-year emission reduction goals between 2025 and 2050 and assess the effectiveness of federal policies in meeting these goals

H.R. 7173
Deutch
Nov. 27, 2018

Fee on fossil fuels based on their GHG content

Fee set at $15/mtCO2e emissions in 2019, increasing by $10 each year

If emission reduction targets are not met, fee increases by $15; if targets met, fee does not increase

Provides a rebate for fuels used on a farm

Covered entities include petroleum refineries and importers, coal mines and importers, natural gas deliverers, and some natural gas processors

Emission reduction targets apply to fossil fuel combustion emissions; starting in 2022, annual reductions of 5% of 2015 levels (253 million mtCO2e) between 2022 and 2029; less stringent reductions in subsequent years

Establishes a trust fund that receives appropriations equal to emission fee revenues received in the Treasury; monies in the trust fund are available (after administrative expenses) to provide monthly payments to eligible individuals (i.e., persons with a Social Security number or taxpayer identification number); adults get one share and children receive a half-share

No specific provisions

Imports of carbon-intensive products subject to a fee—determined by the Secretary of the Treasury—that is equivalent to the excess of (1) GHG emissions from production multiplied by the relevant U.S. emissions fee over (2) the total foreign product cost of carbon;

Exporters of carbon-intensive products (and covered fuels) may receive a refund under an analogous formula

Separate fee for fluorinated GHGs set at 10% of fee for fossil fuel emissions

Suspends enforcement of certain Clean Air Act GHG regulations; if EPA determines (in 2030 and every five years thereafter) emission targets are not met, the enforcement suspension would cease and EPA must promulgate regulations to reduce emissions from covered fuels

S. 3791
Coons
Dec. 19, 2018

Fee on fossil fuels based on their GHG content

Fee set at $15/mtCO2e emissions in 2019, increasing by $10 each year

If emission reduction targets are not met, fee increases by $15; if targets met, fee does not increase

Provides a rebate for fuels used on a farm

Covered entities include petroleum refineries and importers, coal mines and importers, natural gas deliverers, and some natural gas processors

Emission reduction targets apply to fossil fuel combustion emissions; starting in 2022, annual reductions of 5% of 2015 levels (253 million mtCO2e) between 2022 and 2029; this equates to a 50% reduction in 2030 compared to 2005 levels; less stringent reductions in subsequent years

Establishes a trust fund that receives appropriations equal to emission fee revenues received in the Treasury; monies in the trust fund are available (after administrative expenses) to provide monthly payments to eligible individuals (i.e., persons with a Social Security number or taxpayer identification number); adults get one share and children receive a half-share

No specific provisions

Imports of carbon-intensive products subject to a fee—determined by the Secretary of the Treasury—that is equivalent to the excess of(1) GHG emissions from production multiplied by the relevant U.S. emissions fee over (2) the total foreign product cost;

Exporters of carbon-intensive products (and covered fuels) may receive a refund under an analogous formula

Separate fee for fluorinated GHGs set at 10% of fee for fossil fuel emissions

Directs EPA to evaluate effectiveness of fee program in meeting emission reduction targets; if targets are met, EPA may review existing regulations on fossil fuel combustion and fluorinated GHG emissions

Source: Prepared by CRS.

Table 9. GHG Emission Reduction Proposals: 116th Congress

Ordered Chronologically by Introduced Date

Bill Number, Sponsor, Introduced Date, and Committee or Floor Action

General Framework

Covered Entities/Materials

Emissions Limit or Target

Distribution of Allowance Value or Tax/Fee Revenue

Offset and International Allowance Treatment

Mechanism to Address Carbon-Intensive Imports

Additional GHG Reduction Measures

H.R. 763
Deutch
Jan. 24, 2019

Fee on fossil fuels based on their GHG content

Fee set at $15/mtCO2e emissions in 2019, increasing by $10 each year plus inflation

If emission reduction targets are not met, fee increases by $15 plus inflation; if targets met, fee does not increase

Provides a rebate for fuels used on a farm and for fuels or their derivatives used by U.S. Armed Forces

Covered entities include petroleum refineries and importers, coal mines and importers, natural gas deliverers, and some natural gas processors

Emission reduction targets apply to fossil fuel combustion emissions; starting in 2025, annual reductions of 5% of 2016 levels (248 million mtCO2e) between 2025 and 2034; annual reductions of 2.5% of 2016 levels between 2035 and 2050

Fee ceases if emissions from covered fuels decrease to 10% of 2016 levels (497 million mtCO2e) and monthly dividend check reach certain levels

Establishes a trust fund that receives appropriations equal to emission fee revenues received in the Treasury; monies in the trust fund are available (after administrative expenses) to provide monthly payments to eligible individuals (i.e., persons with a Social Security number or taxpayer identification number); adults get one share and children receive a half-share

No specific provisions

Imports of carbon-intensive products subject to a fee—determined by the Secretary of the Treasury—that is equivalent to the excess of (1) GHG emissions from production multiplied by the relevant U.S. emissions fee over (2) the total foreign product cost of carbon

Exporters of carbon-intensive products (and covered fuels) may receive a refund under an analogous formula

Separate fee for fluorinated GHGs set at 10% of fee for fossil fuel emissions

Suspends enforcement of certain Clean Air Act GHG regulations; if EPA determines (in 2030 and every five years thereafter) emission targets are not met, the enforcement suspension would cease and EPA must promulgate regulations to reduce emissions from covered fuels

S. 940
Van Hollen
Mar. 28, 2019

This proposal is identical to H.R. 1960 (Beyer)

Cap-and-trade system for CO2 emissions from fossil fuel combustion

Permits sold through quarterly auctions by the Department of the Treasury

Auction revenue distributed to individuals, often described as a "cap and dividend" approach

A permit reserve and borrowed permits from future years may be used to help stabilize auction prices

Covered materials include crude oil, coal, natural gas, and products derived from these materials used for combustion

Covered entities include petroleum refineries and importers, coal mines and importers, and natural gas deliverers (as reported on Energy Information Administration Form 176) and some natural gas processors

2020 limit: permits sold equal to 12.5% below 2005 U.S. CO2 emissions

2025 limit: permits sold equal to 30% below 2005 U.S. CO2 emissions

2030 limit: permits sold equal to 50% below 2005 U.S. CO2 emissions

2040 limit: permits sold equal to 80% below 2005 U.S. CO2 emissions

Auction revenue distributed via quarterly dividend payments to all persons with a valid Social Security number

No specific provisions

Unless an exporting nation has implemented equivalent measures, imports of carbon-intensive goods will be subject to a fee—determined by the Secretary of the Treasury—that is equivalent to the costs domestic producers of comparable products incur due to the carbon price

Exporters of carbon-intensive goods may receive compensation for losses related to the permit system

EPA directed to promulgate regulations to address other GHG emissions that are not covered by the permit program; emissions "directly attributable to the production of animals for food or food products" are excluded

H.R. 1960
Beyer
Mar. 28, 2019

This proposal is identical to S. 940 (Van Hollen)

Cap-and-trade system for CO2 emissions from fossil fuel combustion

Permits sold through quarterly auctions by the Department of the Treasury

Auction revenue distributed to individuals, often described as a "cap and dividend" approach

A permit reserve and borrowed permits from future years may be used to help stabilize auction prices

Covered materials include crude oil, coal, natural gas, and products derived from these materials used for combustion

Covered entities include petroleum refineries and importers, coal mines and importers, and natural gas deliverers (as reported on Energy Information Administration Form 176) and some natural gas processors

2020 limit: permits sold equal to 12.5% below 2005 U.S. CO2 emissions

2025 limit: permits sold equal to 30% below 2005 U.S. CO2 emissions

2030 limit: permits sold equal to 50% below 2005 U.S. CO2 emissions

2040 limit: permits sold equal to 80% below 2005 U.S. CO2 emissions

Auction revenue distributed via quarterly dividend payments to all persons with a valid Social Security number

No specific provisions

Unless an exporting nation has implemented equivalent measures, imports of carbon-intensive goods will be subject to a fee—determined by the Secretary of the Treasury—that is equivalent to the costs domestic producers of comparable products incur due to the carbon price

Exporters of carbon-intensive goods may receive compensation for losses related to the permit system

EPA directed to promulgate regulations to address other GHG emissions that are not covered by the permit program; emissions "directly attributable to the production of animals for food or food products" are excluded

S. 1128
Whitehouse
Apr. 10, 2019

Fee on fossil fuels based on their carbon content and certain facilities for GHG emissions

Fee set at $52/ton CO2 emissions in 2020, increasing by 6% plus inflation each year

Fee applies to coal at mines, petroleum at refineries, natural gas at processors, imported fossil fuels, and facilities that (1) are subject to GHG reporting requirements in 40 C.F.R. Part 98 and (2) emit more than 25,000 tons of GHGs annually

Fee also applies to certain industrial sources, regardless of their emissions output, including aluminum production, HCFC-22 production and HFC-23 destruction, and fluorinated gas production; this fee starts as a percentage of the fossil fuel fee and increases annually

Fee continues until national GHG emissions are 80% below 2005 levels

The bill provides an annual tax credit for each individual; provides an equivalent benefit to individuals not eligible for the tax credit

Provides up to $10 billion in annual grants to states to be used to

(1) assist low-income and rural households with energy costs,

(2) support job training and worker assistance programs, and

(3) assist the state in climate change adaptation or transition to a low-carbon economy; this amount increases annually

No specific provisions

Imports of carbon-intensive goods subject to a fee—determined by the Secretary of the Treasury—that is equivalent to the difference in (1) costs domestic producers of comparable products incur due to the carbon price and (2) the comparable costs (e.g., GHG fees) imposed by the nation exporting the material

Exporters of energy-intensive goods may receive a refund related to the increased costs of inputs (i.e., fossil fuels) subject to the fee

Separate fee for fluorinated GHGs

Separate fee for GHGs (other than CO2 and fluorinated gas emissions) at facilities that (1) are subject to GHG reporting requirements in 40 C.F.R. Part 98 and (2) emit more than 25,000 mtCO2e emissions

Additional fee for GHG emissions (described as "associated emissions") resulting from venting, flaring, and leaking across the coal, natural gas, and petroleum supply chains (as determined by Secretary of the Treasury)

S. 2284
Coons
July 25, 2019

This proposal is identical to H.R. 4051 (Panetta)

Fee on fossil fuels based on their GHG content

Fee on solid biomass based on GHG content as determined by EPA, using a life-cycle analysis

Fee set at $15/mtCO2e emissions in 2020, increasing by $15 each year

If emission reduction targets are not met, fee increases by $30; if annual targets met, fee does not increase

Fee collected quarterly

Covered entities include petroleum refineries and importers, coal mines and importers, natural gas wells and importers, solid biomass combustion facilities

Emission reduction targets apply to emissions from covered fuels; starting in 2020, target equals 90% of 2017 levels, reaching 59% of 2017 levels in 2025 and 45% of 2017 levels in 2030; in subsequent years, the targets are reduced by 2.25% of 2017 emission levels each year

Fee ceases if emissions from covered fuels equal 10% of 2017 emission levels

Establishes a trust fund that receives appropriations equal to emission fee revenues collected in the Treasury; monies in the trust fund (after administrative expenses) are allocated as follows:

70% to provide monthly payments to eligible individuals (i.e., persons with a Social Security number or taxpayer identification number); adults get one share and children receive a half-share; payments are phased-out at certain income levels

20% to support existing and new infrastructure funding programs and other objectives

5% to the Department of Energy to support development of GHG mitigation technology and related technologies

5% to support transition assistance through new and existing programs

Directs the Department of Agriculture (in consultation with EPA) to provide payments for farmers and landowners for eligible sequestration activities; directs Department of Energy to provide payments for direct air capture of CO2 emissions; the funding source for these payments is not specified

Imports of carbon-intensive products subject to a fee—determined by the Secretary of the Treasury—that is equivalent to the excess of (1) GHG emissions from production multiplied by the relevant U.S. emissions fee over (2) the total foreign product cost

Exporters of carbon-intensive products (and covered fuels) may receive a refund under an analogous formula

Separate fee for fluorinated GHGs set at 20% of fee for fossil fuel emissions

H.R. 4051
Panetta
July 25, 2019

This proposal is identical to S. 2284 (Coons)

Fee on fossil fuels based on their GHG content

Fee on solid biomass based on GHG content as determined by EPA using a life-cycle analysis

Fee set at $15/mtCO2e emissions in 2020, increasing by $15 each year

If emission reduction targets are not met, fee increases by $30; if annual targets met, fee does not increase

Fee collected quarterly

Covered entities include petroleum refineries and importers, coal mines and importers, natural gas wells and importers, solid biomass combustion facilities

Emission reduction targets apply to emissions from covered fuels; starting in 2020, target equals 90% of 2017 levels, reaching 59% of 2017 levels in 2025 and 45% of 2017 levels in 2030; in subsequent years, the targets are reduced by 2.25% of 2017 emission levels each year

Fee ceases if emissions from covered fuels equal 10% of 2017 emission levels

Establishes a trust fund that receives appropriations equal to emission fee revenues collected in the Treasury; monies in the trust fund (after administrative expenses) are allocated as follows:

70% to provide monthly payments to eligible individuals (i.e., persons with a Social Security number or taxpayer identification number); adults get one share and children receive a half-share; payments are phased-out at certain income levels

20% to support existing and new infrastructure funding programs and other objectives

5% to the Department of Energy to support development of GHG mitigation technology and related technologies

5% to support transition assistance through new and existing programs

Directs the Department of Agriculture (in consultation with EPA) to provide payments for farmers and landowners for eligible sequestration activities; directs Department of Energy to provide payments for direct air capture of CO2 emissions; the funding source for these payments is not specified

Imports of carbon-intensive products subject to a fee—determined by the Secretary of the Treasury—that is equivalent to the excess of (1) GHG emissions from production multiplied by the relevant U.S. emissions fee over (2) the total foreign product cost

Exporters of carbon-intensive products (and covered fuels) may receive a refund under an analogous formula

Separate fee for fluorinated GHGs set at 20% of fee for fossil fuel emissions

H.R. 3966
Lipinski
July 25, 2019

Tax on fossil fuels based on their potential CO2 emissions; tax rate set in 2020 at $40/short ton of CO2, increasing annually by 2.5% plus inflation; if GHG emissions target is met, the rate increases only by inflation

Tax imposed on manufacturers, producers, and importers of fossil fuels at first point of sale

GHG emissions target of 80% below 2005 levels

Net revenues from the tax on fossil fuels, imported products, and fluorinated GHGs support the following objectives:

10% used to increase monthly payments to Social Security beneficiaries

5% allocated to the Low-Income Home Energy Assistance program

1% allocated to the Department of Energy's weatherization assistance program

After these allocations, remaining revenues used to reduce the payroll tax rates that apply to employees and the self-employed

No specific provisions

Tax applies to specific imported products based on the lesser of the fossil fuels used during production or the CO2 emissions attributable to their production; eligible products based on a list of domestic industries (prepared by EPA) that, "in the aggregate, account for 95% percent of the taxable carbon substances used in the United States"

Exporters may receive a refund for fossil fuels and any other product with increased costs attributable to the new tax

Separate tax for fluorinated GHGs (based on metric tons of CO2e) set at 10% of the tax rate for fossil fuel emissions

Suspends enforcement of certain Clean Air Act GHG regulations; if EPA determines (in 2030 and every five years thereafter) that emission targets are not met, the enforcement suspension would cease and EPA must promulgate regulations to reduce emissions from covered fuels

H.R. 4058
Rooney
July 25, 2019

Tax on fossil fuels based on their potential GHG emissions, GHG emissions from specific industrial sources, and GHG emissions from specific products

Tax rate set in 2021 at $30/mtCO2e, increasing annually by 5% plus inflation; if covered emissions do not meet emission reduction schedule, the tax rate increases by an additional $3

Tax imposed on coal at coal mines and importers, petroleum products at refineries and importers, and natural gas at processors or at point of sale for combustion

Tax imposed on facilities—in specific industrial source categories—that emit more than 25,000 mtCO2e per year

Tax imposed on facilities that manufacture or import specified products or combust biomass with emissions above 25,000 mtCO2e

Emission reduction schedule for covered emissions starts in 2021 at 5,000 mmtCO2e; the annual emission schedule is cumulative, reaching 49,000 mmtCO2e in 2031; assuming annual emission levels followed this decreasing schedule, covered emissions would decrease to 4,200 mmtCO2e in 2031

Tax revenue supports the following objectives:

52.5% to offset a reduction in payroll tax rates that apply to employees, employers, and self-employed persons

7.5% to provide a payment to Social Security beneficiaries

7.5% to provide block grants to states to offset higher energy costs for low-income households

7.5% to support climate adaptation, carbon sequestration, energy efficiency, and research and development programs

No specific provisions

Imports of carbon-intensive goods subject to a border tax—determined by the Secretary of the Treasury—that is equivalent to the costs in comparable domestic manufactured goods (associated with the carbon tax)

Exporters of energy-intensive goods may receive a tax refund related to the increased costs of inputs (i.e., fossil fuels) subject to the tax

Establishes a conditional moratorium on Clean Air Act GHG regulations for stationary emissions sources (with some exceptions)

Creates a credit system, which phases out after five years, for persons making payments under existing state GHG reduction programs

H.R. 4142
Larson
Aug. 2, 2019

Tax on fossil fuels based on their carbon content

Tax set at $52/mtCO2 in 2020, increasing by 6% plus inflation each year

Tax applies to manufacturers, producers, or importers of coal, petroleum, and natural gas

No specific provisions

Establishes a trust fund that would receive appropriations equal to tax revenue received in the Treasury; the trust fund would provide annual funding for the following infrastructure programs:

$61 billion (plus the Highway Trust Fund shortfall) for highway (80%) and mass transit (20%);

$6.4 billion for the Transportation Investments Generating Economic Recovery program;

$4 billion for aviation;

$6.6 billion for passenger rail;

$8 billion for harbors, waterways, flood protection, and dams;

$8.4 billion for wastewater and drinking water;

$4 billion for broadband;

$3 billion for education infrastructure;

$1.5 billion for health care research and infrastructure;

$2 billion for the Public Housing Capital Fund;

$4.4 billion for Department of Energy research and development programs; and

$1.5 billion for Department of Agriculture climate-related research

In addition, the trust fund provides:

$7 billion annually for worker and community transition assistance, and

12.5% for an energy refund program that would provide monthly payments to households with incomes up to 150% of poverty line

Any remaining revenues support a consumer tax rebate for households with incomes up to 350% of the poverty line

No specific provisions

The Secretary of the Treasury shall impose a fee on imports of carbon-intensive goods; the fee will be equivalent to the cost that domestic producers incur due to the carbon tax; this fee expires if the exporting nation implements equivalent measures or if an international agreement requires equivalent measures

No specific provisions

H.R. 4520
Fitzpatrick
Sept. 26, 2019

Tax on fossil fuels based on their potential GHG emissions, GHG emissions from specific industrial sources, and GHG emissions from specific products

Tax rate set in 2021 at $35/mtCO2e, increasing annually by 5% plus inflation; if covered emissions do not meet emission reduction schedule, the tax rate increases by an additional $4

Tax imposed on coal at coal mines and importers, petroleum products at refineries and importers, and natural gas at processors or at point of sale for combustion

Tax imposed on facilities—in specific industrial source categories—that emit more than 25,000 mtCO2e per year

Tax imposed on facilities that manufacture or import specified products or combust biomass with emissions above 25,000 mtCO2e

Emission reduction schedule for covered emissions starts in 2021 at 4,900 mmtCO2e; the annual emission schedule is cumulative, reaching 48,800 mmtCO2e in 2031; assuming annual emission levels followed this decreasing schedule, covered emissions would decrease to 4,000 mmtCO2e in 2031

Establishes a trust fund that would receive appropriations equal to 75% of the tax revenue received in the Treasury; the trust fund would provide annual funding for the following infrastructure programs ("as provided in appropriations acts") between FY2021 and FY2030:

70% to the Federal Highway Trust Fund;

10% to the states as grants to allocate to low-income households;

4.2% for various energy-related research and development objectives, including carbon capture and storage and battery technology;

4.0% for frequent and chronic coastal flooding mitigation and adaptation infrastructure projects;

3.0% for displaced energy workers;

2.5% for the Airport and Airway Trust Fund;

1.5% for the Department of Energy weatherization program;

1.5% for the Abandoned Mine Reclamation Fund;

1.0% for the Reforestation Trust Fund;

0.5% to support agricultural GHG sequestration projects;

0.1% to decrease the environmental impact of renewable energy activities pursuant to Section 931 of the Energy Policy Act of 2005;

0.1% for the Leaking Underground Storage Tank trust fund

No specific provisions

Imports of carbon-intensive goods subject to a border tax—determined by the Secretary of the Treasury—that is equivalent to the costs in comparable domestic manufactured goods (associated with the carbon tax)

Exporters of energy-intensive goods may receive a tax refund related to the increased costs of inputs (i.e., fossil fuels) subject to the tax

Establishes a conditional moratorium on Clean Air Act GHG regulations for stationary emissions sources (with some exceptions)

Creates a credit system, which phases out after five years, for persons making payments under existing state GHG reduction programs

Creates a National Climate Commission to set five-year emission reduction goals between 2025 and 2050 and assess the effectiveness of federal policies in meeting these goals

H.R. 5457
Maloney
Dec. 17, 2019

Tax on fossil fuels based on their carbon content

Tax rate starts in 2020 at $40 per ton of carbon, which equates to approximately $11/tCO2 emissions; tax rate increases annually by a cost of living adjustment as defined in the bill

Tax imposed at coal mines and oil and gas wells and on fuels "entered into the United States"

No specific provision

Provides a $1,000 income tax credit for individuals and each of their dependents; tax credit phases out at adjusted gross income levels exceeding $314,000; tax credit and income phase-out level increases each year by a cost of living adjustment

No specific provisions

No specific provisions

No specific provisions

Source: Prepared by CRS.

Author Contact Information

Jonathan L. Ramseur, Specialist in Environmental Policy ([email address scrubbed], [phone number scrubbed])

Footnotes

1.

GHGs in the atmosphere trap radiation as heat, warming the Earth's surface and oceans. The primary GHGs emitted by human activities (and estimated by EPA in its annual inventories) include CO2, methane, nitrous oxide (N2O), sulfur hexafluoride (SF6), chlorofluorocarbons, hydrofluorocarbons (HFCs), and perfluorocarbons (PFCs). Other GHGs include carbonaceous and sulfuric aerosols, hydrochlorofluorocarbons, and elevated tropospheric ozone pollution generated by emissions of nitrogen oxides and volatile organic compounds, such as solvents.

2.

For the latest U.S. assessment of the human contribution to climate change, see Intergovernmental Panel on Climate Change, Global Warming of 1.5°C, Special Report, 2018; and U.S. Global Change Research Program, Fourth National Climate Assessment, vol. II: Impacts, Risks, and Adaptation in the United States, 2018. See also CRS Report R45086, Evolving Assessments of Human and Natural Contributions to Climate Change, by Jane A. Leggett.

3.

Some countries have levied carbon taxes (or something similar) for over 20 years. For a review of carbon prices in other countries, see OECD, Effective Carbon Rates: Pricing CO2 through Taxes and Emissions Trading Systems, 2016, http://www.oecd-ilibrary.org/taxation/effective-carbon-rates_9789264260115-en; and the Carbon Tax Center website at http://www.carbontax.org/where-carbon-is-taxed.

4.

A number of U.S. states have taken action requiring GHG emission reductions. The most aggressive actions have come from California and from the Regional Greenhouse Gas Initiative (RGGI)—a coalition of nine states from the Northeast and Mid-Atlantic regions. The RGGI is a cap-and-trade system that took effect in 2009 that applies to CO2 emissions from electric power plants. (See CRS Report R41836, The Regional Greenhouse Gas Initiative: Background, Impacts, and Selected Issues, by Jonathan L. Ramseur.) California established a cap-and-trade program that took effect in 2013. California's cap covers multiple GHGs, which account for approximately 85% of California's GHG emissions. For more details, see the California Air Resources Board website, https://www.arb.ca.gov/cc/capandtrade/capandtrade.htm. In addition to its emissions cap, California has adopted a range of other climate change mitigation policies (e.g., renewable energy portfolio standards).

5.

Other approaches may include performance-based or technology-based standards (e.g., best available control technology). See CRS Report R41973, Climate Change: Conceptual Approaches and Policy Tools, by Jane A. Leggett.

6.

The 1990 Clean Air Act Amendments established a market-based cap-and-trade program to control the air emissions (sulfur dioxide and nitrogen oxides) that lead to acid rain. Although controversial at its inception, the program is widely considered a success. See, for example, Gabriel Chan et al., The SO2 Allowance Trading System and the Clean Air Act Amendments of 1990: Reflections on Twenty Years of Policy Innovation, Harvard Environmental Economics Program, 2012, https://www.belfercenter.org/sites/default/files/legacy/files/so2-brief_digital4_final.pdf.

7.

See CRS In Focus IF10479, The Energy Credit: An Investment Tax Credit for Renewable Energy, by Molly F. Sherlock.

8.

See CRS Report R44902, Carbon Capture and Sequestration (CCS) in the United States, by Peter Folger.

9.

The House passed an identical resolution in the 114th Congress (H.Con.Res. 89).

10.

See CRS Report R40556, Market-Based Greenhouse Gas Control: Selected Proposals in the 111th Congress, by Larry Parker, Brent D. Yacobucci, and Jonathan L. Ramseur.

11.

H.R. 2454 (111th Congress), which was introduced by Representatives Waxman and Markey, would have covered approximately 85% of the U.S. GHG emissions. Although not complete coverage, this approach is typically described as economy-wide.

12.

See CRS Report R45204, Vehicle Fuel Economy and Greenhouse Gas Standards: Frequently Asked Questions, by Richard K. Lattanzio, Linda Tsang, and Bill Canis.

13.

For more details, see CRS Report R44341, EPA's Clean Power Plan for Existing Power Plants: Frequently Asked Questions, by James E. McCarthy et al.

14.

For more details, see CRS Insight IN11142, EPA Repeals the Clean Power Plan and Finalizes Affordable Clean Energy Rule, by Kate C. Shouse and CRS Report R45393, EPA's Affordable Clean Energy Proposal, by Kate C. Shouse, Jonathan L. Ramseur, and Linda Tsang.

15.

In some instances, legislation would have directed EPA to establish a GHG emissions reduction program with a market-based approach as one option. An alternative approach to a market-based system might involve regulatory directives that require emission performance standards for specific sources or the application of best available control technology.

16.

A metric ton is approximately 2,205 pounds. A short ton equals 2,000 pounds.

17.

This term of measure (CO2e) is used because GHGs vary by global warming potential (GWP). GWP is an index developed by the Intergovernmental Panel on Climate Change (IPCC) that allows comparisons of the heat-trapping ability of different gases over a period of time, typically 100 years. Consistent with international GHG reporting requirements, EPA's most recent GHG inventory (2018) uses the GWP values presented in the IPCC's 2007 Fourth Assessment Report. For example, based on these GWP values, a ton of methane is 25 times more potent than a ton of CO2 when averaged over a 100-year time frame. The IPCC has since updated the 100-year GWP estimates, with some increasing and some decreasing. For example, the IPCC 2013 Fifth Assessment Report reported the 100-year GWP for methane as ranging from 28 to 36. EPA compares the 100-year GWP values in Table 1-3 of its 2018 GHG Inventory.

18.

Both the RGGI and California cap-and-trade systems allow offsets as a compliance option (see footnote 4).

19.

This differs from a price system that applies to energy content, such as a tax based on British thermal units (Btu). In 1993, President Clinton proposed a deficit reduction package that included a tax based on energy content, measured in Btu. The goals of the 1993 Btu tax proposal were to promote energy conservation and raise revenue. At the time, the proposed tax would have generated a new revenue stream of about $30 billion per year. The proposal was met with strong opposition and was not enacted; Congress ultimately enacted an approximately five-cent-per-gallon increase in the motor fuels taxes.

20.

See, for example, Alexander R. Barron et al., "Policy Insights from the EMF 32 Study on U.S. Carbon Tax Scenarios," Climate Change Economics, vol. 9, no. 1 (2018).

21.

EPA, Inventory of U.S. Greenhouse Gas Emissions and Sinks, 1990-2017, April 2019.

22.

See Table A-1 in CRS Report R45625, Attaching a Price to Greenhouse Gas Emissions with a Carbon Tax or Emissions Fee: Considerations and Potential Impacts, by Jonathan L. Ramseur and Jane A. Leggett.

23.

Congressional Budget Office, Options for Reducing the Deficit: 2017-2026, 2016.

24.

One GHG emission reduction bill was introduced in the 107th Congress. Senator Jeffords introduced S. 556, which would have amended the Clean Air Act to reduce CO2 emissions from electric power plants to below 1990 levels.