Order Code RL32055 CRS Report for Congress Received through the CRS Web Climate Change Legislation in the 108th Congress Updated June 9, 2004 Brent D. Yacobucci Analyst in Energy Policy Resources, Science, and Industry Division Kyna Powers Environmental Policy Analyst Resources, Science, and Industry Division Congressional Research Service ˜ The Library of Congress Climate Change Legislation in the 108th Congress Summary Climate change and greenhouse gas (GHG) emissions have been an issue in the 108th Congress, as they have been over the past decade. Bills directly addressing climate change issues range from those focused primarily on climate change research (H.R. 1578 and S. 1164) to comprehensive emissions cap and trading programs for all six greenhouse gases (S. 139 and H.R. 4067). Additional bills focus on GHG reporting and registries (H.R. 6 (Senate-passed), H.R. 1245, S. 17, and S. 194), or on power plant emissions of carbon dioxide (H.R. 2042, S. 139, S. 366, and S. 843). These climate change bills differ within and across categories. Among the climate change research bills, there are common and divergent research focuses. For example, a few bills, including S. 139 and S. 1164, would direct research on historical instances of climate change to develop climate change models. Additional bills focus on research to examine vulnerabilities to climate change in the United States, particularly with respect to human health, environmental, and economic outcomes. Furthermore, some bills would promote research on political and technological options to reduce GHG emissions. Among the six bills with GHG reporting and registry requirements, there are also differences. The primary difference between reporting bills is how each determines which entities must report. H.R. 6 (Senate version), H.R. 1245, H.R. 4067, and S. 139 would establish GHG emission thresholds, usually around 10,000 metric tons of carbon dioxide (or equivalent) per year, above which an entity must submit records of its GHG emissions. However, H.R. 6 and H.R. 1245 exclude farms from the reporting requirement. The remaining bills, S. 17 and S. 194, would have the Administrator of the Environmental Protection Agency (EPA) establish the threshold requirement. There are also similarities and differences between cap and trade bills. Specifically, H.R. 2024, S. 366, and S. 843 would focus on fossil fuel-fired electric generating facilities, while S. 139 and H.R. 4067 would cover a broader array of sources. Furthermore, H.R. 2024, S. 366, and S. 843 would cap one GHG — carbon dioxide — while S. 139 and H.R. 4067 would cap all six GHGs. This report briefly discusses basic concepts on which these bills are based, and compares major provisions of the bills in each of the following categories: climate change research, GHG reporting and registries, and cap and trade programs. This report will be updated as events warrant. Contents Climate Change Research Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 GHG Reporting and Registry Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 GHG Emission-Reduction Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Carbon Dioxide Reduction Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Comprehensive GHG Emissions Reductions . . . . . . . . . . . . . . . . . . . . 9 List of Tables Table 1. Comparison of Climate Change Research Bills . . . . . . . . . . . . . . . . . . . . 3 Table 2. Comparison of GHG Reporting and Registry Bills . . . . . . . . . . . . . . . . . 7 Table 3. GHG Cap and Trade Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Appendix 1. Climate Change Bills in the 108th Congress . . . . . . . . . . . . . . . . . . 14 Appendix 2. Key Provisions of Climate Change Legislation in the 108th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Climate Change Legislation in the 108th Congress Since 1992, when the United States ratified the United Nations’ Framework Convention on Climate Change (UNFCCC), a number of voluntary and regulatory actions have been proposed or undertaken in the United States to decrease greenhouse gas emissions. Most of these policies have been established primarily to achieve energy or environmental goals, while also having the effect of reducing GHG emissions.1 In the 108th Congress, numerous bills have been introduced that directly or indirectly address climate change. Most bills focus on energy efficiency, energy conservation, or non-fossil fuels. However, the focus of this report is on bills that directly address climate change, not on bills that would have indirect or ancillary impacts on greenhouse gas emissions. This report describes and compares climaterelated bills, which fall into three major categories: (1) those that would establish climate change research programs to further examine the origins and effects of climate change (H.R. 6,2 H.R. 1578, H.R. 4067, S. 17, S. 139, and S. 1164); (2) those that would establish GHG monitoring systems as a basis for research or for any future reduction program (H.R. 6, H.R. 1245, H.R. 4067, S. 17, S. 139, and S. 194); and (3) those that would establish market-based programs to directly limit emissions of CO2, the primary greenhouse gas (H.R. 2024, S. 139, H.R. 4067, S. 366, and S. 843). The major provisions of these bills are categorized in Appendix 1 and summarized in Appendix 2. Climate Change Research Bills Global climate change is a complex issue. While most scientists agree that the climate is changing in response to greenhouse gas emissions, uncertainties concerning the causes and the effects of climate change remain and are the subject 1 Under the United Nations Framework Convention on Climate Change (UNFCCC), greenhouse gases include carbon dioxide (CO2, the most ubiquitous and primary greenhouse gas), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexaflurane (SF6). Some other greenhouse gases are controlled under the Montreal Protocol on Substances That Deplete the Ozone Layer. 2 For the purposes of this report, H.R. 6 always refers to the Senate-passed bill. The conference report on H.R. 6 (H.Rept. 108-375) does not contain provisions on climate change. The conference report was approved by the House on November 18, 2003. On November 21, a cloture motion on the conference report failed in the Senate. As of this writing, the conference report is still pending in the Senate. CRS-2 of scientific research.3 Federally, much of this research is conducted through the U.S. Global Change Research Program.4 Research Bills. Two bills in the 108th Congress, S. 1164 (Collins) and H.R. 1578 (M. Udall), focus primarily on climate change research.5 As shown in Table 1, these bills would establish research programs with different focuses. S. 1164 calls for the development and testing of climate change models based on historic climatic changes. H.R. 1578 focuses on using historic trends to assess the nation’s vulnerabilities to climatic change and to assess climate change policy. While S. 1164 does not have any substantial non-research provisions, H.R. 1578 would also establish an interagency committee to develop vulnerability assessments, facilitate interagency cooperation, and provide representation to international meetings. This committee would facilitate the establishment of the United States Global Change Research Plan. The plan would establish goals and priorities and would identify options to achieve those aims. Research Provisions in Broader Bills. In addition to the research bills H.R. 1578 and S. 1164, four bills (H.R. 6, H.R. 4067, S. 17, and S. 139) include climate change research provisions as part of a broader climate change bill. Specifically, research in H.R. 6 would focus on climate change mitigation technology, climate change adaptation, and resolving scientific and economic uncertainty. The research provisions in S. 17 focus on a national assessment of climate change impacts and a review of methods to address climate change. Research under S. 139 would focus on technology transfer barriers, the impact of the Kyoto Protocol on the United States, climate change impacts, and possible methods to reduce GHG emissions. The research provisions of H.R. 4067 are similar to those under S. 139, except that H.R. 4067 does not address technology transfer or the impacts to the Kyoto Protocol, and adds a section on agricultural research. 3 For more information on the science and policy of Global Climate Change see CRS Issue Brief IB89005, Global Climate Change. 4 One such document is U.S. Global Change Research Program, Climate Change Impacts on the United States: The Potential Consequences of Climate Variability and Change. (Washington, DC, 2000). Available at [http://www.usgcrp.gov/usgcrp/Library/ nationalassessment/overview.htm], visited August 28, 2003. 5 The research provisions of H.R. 6 (Senate-passed), S. 17, S. 139, and S. 843 are described in later sections since these bills have other major focuses. This report does not include bills with other focuses that also have research components related to climate change (particularly sequestration, renewable energy, and energy efficiency) including: H.R. 238, H.R. 984, H.R. 1213, H.R. 1395, H.R. 1645, H.R. 1777, H.R. 190, and H.R. 2088. CRS-3 Table 1. Comparison of Climate Change Research Bills Research Focus H.R. 1578 (M. Udall) H.R. 4067 (Gilchrest) H.R. 6 (Senatepassed) S. 17 (Daschle) S. 139 (Lieberman) S. 1164 (Collins) Global Measurements Studies of historic changes Information on economic and demographic trends that affect vulnerability to climate change Interaction of physical, chemical, biological and social processes related to global change Initiatives to determine, and then meet, the information needs of decisionmakers. and welfare, and human social and economic systems Create indicators to understand historic climate change Improve understanding of thresholds and nonlinearities of geophysical systems related to climate change Develop and test climate change models Climate change standards and processes Vulnerability and adaptation to climate change Technology transfer barriers Agricultural effects of climate change and opportunities for carbon sequestration Modeling and assessment of climate change effects on economic and social systems. Understanding response of human (social and economic) and natural ecosystems to climate change. Understanding the availability, benefits and costs of policy and technology options to mitigate climate change risks. Carbon sequestration GHG emissions from federal facilities The economic, public health, and environmental impacts of global warming and climate change on the United States. Funding and effectiveness of programs established to reduce greenhouse gas emissions. Create indicators to understand historic climate change Improve understanding of thresholds and nonlinearities of geophysical systems related to climate change Develop and test climate change models Climate change standards and processes Vulnerability and adaptation to climate change Technology transfer barriers Create indicators to understand historic climate change Improve understanding of thresholds and nonlinearities of geophysical systems related to climate change Develop and test climate change models CRS-4 H.R. 1578 (M. Udall) Research Focus (Continued) Effects of global climate change on agriculture, energy production and use, transportation, human health Adoption rates of policy and technology to reduce climate change variability and examine market and policy barriers Source of Research United States Global Change Research Program (interagency) H.R. 4067 (Gilchrest) H.R. 6 (Senatepassed) S. 17 (Daschle) S. 139 (Lieberman) S. 1164 (Collins) (Continued) Impact of the Kyoto Protocol on United States: industry, international cooperation on scientific research and development, United States participation in environmental climate change mitigation efforts and technology deployment National Science Foundation, Department of Commerce Department of Agriculture National Academy of Sciences, Department of Energy (multiple offices), Department of Agriculture, and Office of National Climate Change Policy in the Executive Office of the President Determined by the Executive Office of the President National Science Foundation, Department of Commerce Department of Commerce CRS-5 H.R. 1578 (M. Udall) Outcomes Research Funding Authorized H.R. 4067 (Gilchrest) H.R. 6 (Senatepassed) S. 17 (Daschle) Vulnerability Assessment Policy Assessment Annual Report Interagency climate and other global change data management working group Models of climate change Report on technology transfers income and royalties Report on United States impact of Kyoto Protocol New measurements and standards National Science Foundation research Education program for farmers on global climate change Technical assistance to coastal states on adapting to climate change Regional vulnerabilities and adaptation assessment Assessment of climate change effects on economic and social systems Annual Reports Change in National Global Change Research Plan Climate change strategy A national assessment of climate change impacts None specified Yes Yes None specified Annual description of measures the United States has adopted or implemented to reduce climate change S. 139 (Lieberman) S. 1164 (Collins) Models of climate change Report on technology transfers income and royalties Report on United States impact of Kyoto Protocol New measurements and standards National Science Foundation research Models of climate change Yes Yes CRS-6 GHG Reporting and Registry Bills Under the UNFCCC, the United States annually reports on its GHG emissions.6 The United States Environmental Protection Agency (EPA) does this reporting using various techniques (e.g., fuel analysis for CO2). The three dominant sources of GHG emissions are electricity generation (33.1%), transportation (26.9%), and industry (19%).7 At the national level, electric utilities must report their GHG emissions pursuant to the 1990 Clean Air Act, but there is no overall national GHG reporting requirement. However, some states also gather data through voluntary or mandatory GHG emissions reporting mechanisms.8 Four bills, Title 10 of H.R. 6 (Senate-passed version),9 H.R. 1245 (Olver), S. 17 (Daschle), and S. 194 (Corzine), focus primarily on expanding emissions reporting to a broad array of sources. (See Table 2.) While S. 17 and S. 194 direct the EPA to determine who must report emissions information, H.R. 6 establishes a category of covered sources. Furthermore, these bills would establish a national registry to collect annual lists submitted by entities on their GHG emissions and sources, and would establish a national GHG registry to collect voluntarily reported information on GHG emissions reductions. S. 17 and S. 194 would also require the EPA Administrator and the Secretaries of Commerce, Agriculture, and Energy to develop tools for quantifying, verifying, reporting, and accounting for GHG emissions, and would require the EPA Administrator to publish an annual national GHG emissions inventory. While these bills establish reporting requirements as the basis for future regulations, two other bills (S. 139 and H.R. 4067) would establish a monitoring program as the basis for its GHG cap and trade program. Specifically, these bills would include a requirement that the Administrator of the EPA establish a national GHG database and develop methods and standards to measure and verify GHG emissions. In addition to their different GHG reporting strategies, these bills have other major components. For example, S. 17 sets a goal for the President to reduce the federal government’s net GHG emissions to 1990 levels by 2013. H.R. 6 would establish the Office of National Climate Change Policy to develop a National Climate Change Strategy with the long-term goal of stabilization of greenhouse gas concentrations. S. 17 would also authorize $2 billion per year in grants to state and local governments to reduce GHG emissions. 6 See CRS Report 98-235 ENR, Global Climate Change: U.S. Greenhouse Gas Emissions — Status, Trends, and Projections. 7 U.S. Environmental Protection Agency, U.S. GHG Emissions and Sinks 1990-2001, p. ES-6. Additional sources are agriculture (7.6%), commerce (7.2%), and residential activities (5.4%). 8 See CRS Report RL32043, Climate Change: State and Local Actions to Address Greenhouse Gas Emissions. 9 The Senate-passed version of H.R. 6 is identical to the Senate-passed version of H.R. 4 from the 107th Congress. There are no climate change provisions in the House-passed version of H.R. 6 from the 108th Congress, or in the conference report on H.R. 6 (H.Rept. 108-375). CRS-7 Table 2. Comparison of GHG Reporting and Registry Bills H.R. 6 (Senate Passed) Covered Entity Entities that emit more than 10,000 metric tons of CO2 (or equivalent) H.R. 1245 (Olver) H.R. 4067 (Gilchrest) S. 17 (Daschle) S. 139 (Lieberman) S. 194 (Corzine) Entities that emit more than 10,000 metric tons of CO2 (or equivalent) Major manufacturers or importers of motor vehicles Manufacturers or importers of DOElisted products Entities that: (A) own or control sources of GHG emissions in the electric power, industrial, or commercial sectors of the United States economy, refine or import petroleum products for use in transportation, or produce or import HFCs PFCs, or SF6, and (B) emit more than 10,000 metric tons of GHG/ year (CO2 or equivalent) or produce or import petroleum products, HFCs, PFCs, SF6, or other greenhouse gases that, when used, will emit over 10,000 metric tons of GHG/year CO2 (or equivalent) Entities that exceed thresholds to be set by the Administrator of the EPA Entities that: (A) own or control sources of GHG emissions in the electric power, industrial, or commercial sectors of the United States economy, refine or import petroleum products for use in transportation, or produce or import HFCs PFCs, or SF6, and (B) emit more than 10,000 metric tons of GHG/ year (CO2 or equivalent) or produce or import petroleum products, HFCs, PFCs, SF6, or other greenhouse gases that, when used, will emit over 10,000 metric tons of GHG/year CO2 (or equivalent) Entities that exceed thresholds to be set by the Administrator of the EPA CRS-8 H.R. 6 (Senate Passed) H.R. 1245 (Olver) H.R. 4067 (Gilchrest) S. 17 (Daschle) S. 139 (Lieberman) S. 194 (Corzine) Excluded Entities Feedlots and Farms Farms None indicated None indicated None indicated None indicated Covered GHGs The 6 GHGs: CO2, CH4, N2O, HFCs, PFCs, SF6 The 6 GHGs: CO2, CH4, N2O, HFCs, PFCs, SF6 The 6 GHGs: CO2, CH4, N2O, HFCs, PFCs, SF6 The 6 GHGs: CO2, CH4, N2O, HFCs, PFCs, SF6 The 6 GHGs: CO2, CH4, N2O, HFCs, PFCs, SF6 The 6 GHGs: CO2, CH4, N2O, HFCs, PFCs, SF6 Other substances may be added Other substances may be added Yes Yes Yes Yes Yes Yes Includes Provisions for Voluntary Reporting CRS-9 GHG Emission-Reduction Bills The United States has no federal GHG reduction requirements, though proposals to require such reductions have been made. These proposals have included “command and control” regulations on emissions, GHG emission taxes, and marketbased techniques to limit emissions. The last, market-based programs, typically take as their model the Clean Air Act acid rain program.10 In the 108th Congress, bills have been introduced that would establish marketbased GHG reductions (see Table 3). One bills, S. 139 and H.R. 4067, would cap the emissions of the six greenhouse gases specified in the United Nations’ Framework Convention on Climate Change.11 Three other bills, H.R. 2042, S. 366, and S. 843, would focus on reducing carbon dioxide from electric utilities. Each of these bills would use market-based trading mechanisms to limit GHG emissions. Cap and trade programs set strict limits on specific emissions from a particular group of sources, allowing individual sources to trade reductions. This flexibility in who makes reductions leads to lower costs. One method is to allocate emissions allowances to each source. Allowances can be bought or sold. In a well-functioning market, entities that face relatively low emission-reduction costs would achieve extra emission reductions. Then these entities would sell their unused allowances to entities that face higher emission-reduction costs. An entity facing higher costs could then purchase allowances to exceed its initial emissions cap.12 Carbon Dioxide Reduction Bills. As shown in Table 3, H.R. 2042 (Waxman), S. 36613 (Jeffords), and S. 843 (Carper) focus on electric utility emissions.14 These bills would limit emissions of carbon dioxide, along with other air pollutants.15 (See Table 3.) The first round of emissions reductions would go into effect in the year 2009. S. 843 would also include a second phase of emissions reductions that would begin in 2012. Comprehensive GHG Emissions Reductions. Unlike other bills proposed in the 108th Congress, the Climate Stewardship Act (S. 139 and H.R. 4067) focuses on achieving market-driven reductions in all six greenhouse gases (Table 3). The legislation applies to entities in the electricity, transportation, industry, and 10 The acid rain program caps emissions from each source, but allows sources to exceed their caps if they purchase credits from sources that achieve extra emissions reductions. 11 The six greenhouse gases are carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexaluoride. 12 For more information on market mechanisms, see CRS Report IB97057, Global Climate Change: Market-Based Strategies to Reduce Greenhouse Gases. 13 S. 366 is similar to S. 566 from the 107th Congress. 14 S. 485 (Inhofe), the Clear Skies Act of 2003, also establishes a cap and trade program for nitrogen oxides from utilities. However, S. 485 is not included in Table 3 because it does not address carbon dioxide, the primary greenhouse gas. 15 This report does not discuss bills that would reduce other pollutants without including CO2. Such bills include H.R. 203, H.R. 999 and S. 485. CRS-10 commercial sectors that emit over 11,023 tons of greenhouse gases per year. Starting in 2010, the bills would cap total GHG emissions at 6.5 billion tons (CO2 equivalent emissions), reduced by the amount of CO2 (equivalent emissions) from non-covered entities in the year 2000. After 2015, S. 139 would further restrict emissions to 5.65 billion tons, reduced by the amount of emissions from non-covered entities in 1990. Both bills would also establish a formula for allocating GHG emissions allowances, and would establish a climate change credit corporation to manage allowance trading. In addition to establishing caps on all six greenhouse gases, the bills would support climate change research and establish a GHG emissions inventory. The bills also include a requirement that the Administrator of the EPA establish a national GHG database, and develop methods and standards to measure and verify GHG emissions. (See Table 1 and Table 2.) CRS-11 Table 3. GHG Cap and Trade Bills H.R. 4067 (Gilchrest) S. 139 (Lieberman) Covered sources Any electric power, industrial, or commercial entity that emits over 10,000 metric tons of CO2 equivalent/year; any refiner or importer of petroleum products for transportation use that when combusted will emit over 10,000 metric tons of CO2 equivalent/year; and, any importer or producer of HFCs, PFCs or SF6 that when used will emit over 10,000 metric tons of CO2 equivalent/year. Any electric power, industrial, or commercial entity that emits over 10,000 metric tons of CO2 equivalent/year; any refiner or importer of petroleum products for transportation use that when combusted will emit over 10,000 metric tons of CO2 equivalent/year; and, any importer or producer of HFCs, PFCs or SF6 that when used will emit over 10,000 metric tons of CO2 equivalent/year. Any fossil fuel-fired electric generating facility that has a capacity of greater than 15 megawatts and generates electricity for sale. Any fossil fuel-fired electric generating facility that has a capacity of greater than 15 megawatts, generates electricity for sale, and emits a covered pollutant into the air Any fossil fuel-fired16 electric generating facility that has a capacity of greater than 25 megawatts and generates electricity for sale. Covered pollutants All 6 GHGs All 6 GHGs 1 GHG: carbon dioxide Other Pollutants: sulfur dioxide, nitrogen oxides, and mercury 1 GHG: carbon dioxide Other Pollutants: sulfur dioxide, nitrogen oxides, and mercury 1 GHG: carbon dioxide Other Pollutants: sulfur dioxide, nitrogen oxides, and mercury 16 H.R. 2042 (Waxman) S. 366 (Jeffords) S. 843 (Carper) The regulations for mercury are for coal-fired electric generating units rather than fossil fuel-fired. Covered sources are also different for sulfur dioxide. CRS-12 H.R. 4067 (Gilchrest) Emissions cap Implementation Strategy 17 S. 139 (Lieberman) H.R. 2042 (Waxman) 6.49 billion tons of CO2 equivalent/year from 2009 to 2015 for all covered entities taken together. 6.49 billion tons of CO2 equivalent/year from 2009 to 2015 for all covered entities taken together. 5.64 billion tons of CO2 equivalent/year after 2015. Reduce CO2 emissions Tradeable allowance system. EPA shall determine allocations based on several economic and equity criteria including efficiency and impact on consumers. Allowances to be allocated upstream to refiners and importers of transportation fuel along with producers of HFCs, PFCs, and SF6; downstream to electric generation, industrial, and commercial entities Tradeable allowance system. EPA shall determine allocations based on several economic and equity criteria including efficiency and impact on consumers. Allowances to be allocated upstream to refiners and importers of transportation fuel along with producers of HFCs, PFCs, and SF6; downstream to electric generation, industrial, and commercial entities To be determined by EPA — market mechanisms permitted (except for Hg) to 1990 levels by 2009 S. 366 (Jeffords) CO2 emissions to 2.05 billion tons/yr17 beginning in 2009 S. 843 (Carper) Tons of CO2 emitted from affected units in 2006, beginning in 2009 Tons of CO2 emitted from affected units in 2001, beginning in 2012 Tradeable allowance system. Allowances allocated to various sectors and interests, including households, dislocated workers and communities, electricity intensive industries, affected utilities, energy efficiency and renewable energy activities, and sequestration activities. Tradeable allowance system. Allocation formulas based on generating efficiency. Allocations includes a new source reserve to provide allowances to newly constructed sources. S. 366 would further limit the number of emission allowances in present year by the number of tons emitted two years prior by small electricity generating facilities, and by any number required to protect the public health, welfare, or the environment. CRS-13 H.R. 4067 (Gilchrest) S. 139 (Lieberman) H.R. 2042 (Waxman) S. 366 (Jeffords) S. 843 (Carper) Percentage change v. business as usual by 2010 -5% c -5% b,c -9.5% -7.5% -5.1% a Percentage change v. 1990 levels (UNFCCC baseline year) +27.7% c +27.7% b,c +21.7 +24.2% +27.5% a Penalties for non-compliance Excess emission penalty equal to three times the market price for allowance on the last day of the year at issue Excess emission penalty equal to three times the market price for allowance on the last day of the year at issue none specified Same as CAA, title IV except excess emission penalty is three times the average market price for allowances Excess emission penalty of $100 per ton plus onefor-one offset from future emissions allocations a Assumes requirement of S. 843 is achieved in 2010, rather than 2013. Phase 1 only. Phase 2 would involve a 2016 reduction down to 1990 levels by affected sources. c Depending on actual coverage and the implementation strategies employed by affected sources, reductions achieved could be above the 5% estimate presented here. CRS estimates based on 85% coverage and U.S.-only implementation would be about 8.8% in 2010, 22.6% above 1990 levels. b Source: CRS calculations based on projections contained in the UNFCCC Secretariat’s 2002 Climate Action Report. Available at: [http://www.epa.gov/globalwarming/publications/car/index.html]. For more information see CRS Report RL31779. CRS-14 Appendix 1. Climate Change Bills in the 108th Congress Bill (s) and Short Title (s) S. 17 (Daschle) Global Climate Security Act of 2003, National GHG emissions Inventory and Registry Act of 2003 S. 139 (Lieberman) Climate Stewardship Act of 2003 S. 194 (Corzine) National GHG Emissions Inventory and Registry Act of 2003 S. 366 (Jeffords) Clean Power Act of 2003 S. 843 (Carper) Clean Air Planning Act of 2003 S. 1164 (Collins) Abrupt Climate Change Research Act of 2003 H.R. 6 (As passed by the Senate)a Energy Policy Act of 2003 CO2 and Comprehensive CO2 & NOx NOx Emissions Caps Set GHG Climate Clarify Reporting Emissions Emission Allowance and Allowance Caps for Trading Trading for all Goal for Change Research and GHGs Other Utilities Program U.S. Research Methods Registry SENATE BILLS X X X X X X X X X X X X X X X X X X X X X X X HOUSE BILLS H.R. 1245 (Olver) X National GHG Emissions Inventory Act of 2003 H.R. 1578 (M. Udall) X Global Change Research and Data Management Act of 2003 H.R. 2042 (Waxman) Clean Smokestacks Act of 2003 H.R. 4067 (Gilchrest) X X X Climate Stewardship Act of 2004 a No climate provisions in House-passed H.R. 6, or in the conference report on H.R. 6 (H.Rept. 108-375) X X X X X X X CRS-15 Appendix 2. Key Provisions of Climate Change Legislation in the 108th Congress Bill No. Sponsor Last Major Action Key Provisions S. 17 Daschle Referred to Senate Environment and Public Works — January 7, 2003 Establishes a mandatory greenhouse gas database. In addition, it establishes a commission to help implement the UNFCCC. Authorizes $2 billion annually in grants to state and local governments to reduce greenhouse gas emissions. It does not mandate emissions reductions. S. 139 Lieberman Considered by Senate, referred back to Senate Environment and Public Works — October 30, 2003 Requires any entity that emits more than 10,000 metric tons of greenhouse gases (CO2 equivalent) to reduce emissions to year 2000 levels by 2010, and 1990 levels by 2016. Allows: tradeable credits for reductions beyond those required, reductions from non-covered entities, increases in carbon sequestration, increases in passenger vehicle fuel economy, and emissions reductions in other countries. S. 194 Corzine Referred to Senate Environment and Public Works — January 17, 2003 Establishes mandatory greenhouse gas registries, but does not require emission reductions. S. 366 Jeffords Referred to Senate Environment and Public Works — February 12, 2003 The Clean Power Act of 2003 amends the Clean Air Act to require the Administrator of the Environmental Protection Agency to promulgate regulations to achieve specified reductions in emissions of sulfur dioxide, nitrogen oxides, carbon dioxide and mercury from certain electric generation facilities by January 1, 2009. S. 843 Carper Referred to the Senate Environment and Public Works — April 9, 2003 Amends the Clean Air Act to establish a national uniform multiple air pollutant regulatory program, including for carbon dioxide, for the electric generating sector. S. 1164 Collins Referred to the Senate Commerce, Science and Transportation — June 2, 2003 Provides for research to understand, assess, and predict humaninduced and natural processes of abrupt climate change. CRS-16 Bill No. Sponsor Last Major Action Key Provisions H.R. 6 (SenatePassed version) Tauzin Passed Senate — July 31, 2003; Conference report approved by House — November 18, 2003 Cloture motion on conference report failed in Senate — November 21, 2003 (Conference report and House-passed version have no climate-related provisions) Establishes research programs focusing on vulnerabilities, technology, sequestration, and other topics. Establishes emissions monitoring and reporting mechanisms. H.R. 1245 Olver Referred to House Energy and Commerce — March 24, 2003 Requires EPA to establish a GHG emissions information system to collect information submitted regarding an entity’s GHG emissions. Establishes voluntary registry to collect information on emissions reductions. H.R. 1578 M. Udall House Science Committee motion to report failed — May 1, 2003 Directs the President to develop a National Global Change Research Plan. Requires plan to set recommendations for research, research priorities, and establish a data management working group to coordinate global GHG research. H.R. 2042 Waxman Referred to House Energy and Commerce — May 20, 2003 Amends the Clean Air Act to require the EPA to promulgate regulations to achieve specific reductions of carbon dioxide from power plants. H.R. 4067 Gilchrest Referred to House Science, Energy and Commerce — March 30, 2004 Requires any entity that emits more than 10,000 metric tons of greenhouse gases (CO2 equivalent) to reduce emissions to year 2000 levels by 2010. Allows: tradeable credits for reductions beyond those required, reductions from non-covered entities, increases in carbon sequestration, and emissions reductions in other countries.