Bills of the 111th Congress Concerning Climate Change

The bills, resolutions, and amendments of the 112th Congress dealing with climate change are divided into the following categories:

Bill Categories:

 

CLIMATE CHANGE SCIENCE AND RESEARCH

H.R.300: National Oceanic and Atmospheric Administration Act
This bill would reestablish the National Oceanic and Atmospheric Administration (NOAA) in the Department of Commerce, headed by an Under Secretary of Commerce for Oceans and Atmosphere, who would serve as the Administrator of NOAA. It would maintain within NOAA programs to conduct and support research and education and the development of technologies relating to climate, amongst other things.  Sponsor:  Rep Vernon Ehlers  [R-MI] (introduced 1/8/2009).      

H.R.367: Integrated Coastal and Ocean Observation System Act of 2009
This bill would direct the President to establish a National Integrated Coastal and Ocean Observation System to support climate, and improve the ability to measure, track, explain, and predict weather and climate change and natural climate variability, among other things. Sponsor: Rep Lois Capps  [D-CA] (introduced 1/9/2009).      

H.R.1342:  Landfill Greenhouse Gas Reduction Act
This bill would amend the Solid Waste Disposal Act to provide for the reduction of greenhouse gases. It would require certain facilities to report to the state and the Administrator of the Environmental Protection Agency (EPA) on the amount and type of waste received, and measures in place to reduce greenhouse gases (GHGs).  It also requires the Administrator of the EPA to select projects that are identified as the most cost-effective means to reduce GHGs. Sponsor: Rep James P. Moran [D-VA] (introduced 3/5/2009).      

H.R.1926:  Global Warming Education Act
This bill would require the National Science Foundation to establish a Global Warming Education Program.  The Program would broaden the understanding of human induced global warming, possible long and short-term consequences, and potential solutions; apply the latest scientific and technological discoveries to provide learning opportunities to people; and emphasize actionable information to help people understand and to promote implementation of new technologies, programs, and incentives related to energy conservation, renewable energy, and greenhouse gas reduction.  Sponsor: Rep Michael M. Honda  [D-CA] (introduced 4/2/2009).      

H.R.2306National Climate Service Act of 2009
This bill would require the Secretary of Commerce to establish a National Climate Service within the Climate Program Office of the National Oceanic and Atmospheric Administration (NOAA).  This service would include a national center and a network of regional and local facilities for operational climate observation, modeling, and research.   The Service verify greenhouse gas concentrations and emissions throughout the oceans and atmosphere, amongst other duties.  Sponsor: Rep Norman D. Dicks  [D-WA] (introduced 5/7/2009).      

H.R.2407: National Climate Service Act of 2009
This bill would require the Under Secretary of Commerce for Oceans and Atmosphere to establish the National Climate Service within the National Oceanic and Atmospheric Administration (NOAA) to: (1) analyze the effects of weather and climate on communities; (2) carry out observations, data collection, and monitoring of atmospheric and oceanic conditions; (3) provide information and technical support for government efforts to assess and respond to climate variability and change; (4) develop systems for the management and dissemination of data, information, and assessments; and (5) conduct research to improve forecasting, characterization, and understanding of weather and climate variability and change and its effects on communities.  It would also require the Under Secretary to: (1) establish a Climate Service Office; (2) operate the National Climate Service through a national center, the Climate Service Office, and a network of regional and local facilities; (3) maintain a network of six Regional Climate Centers; (4) maintain a network of offices as part of Integrated Sciences and Assessments Program; (4) establish a Climate Service Advisory Committee; (5) establish Regional Integrated Sciences and Assessments Teams to conduct applied regional climate research and projects to address the needs of local and regional decision makers for information and tools to develop adaptation and response plans to climate variability and change; and (6) report to Congress on climate products and services currently delivered by an NOAA office or partner organization to user groups and stakeholders and the new products and services needed.  It would also repeal the National Climate Program Act.  Sponsor:  Rep Bart Gordon [D-TN] (introduced 5/14/2009).      

H.R.2685: Climate and Ocean Research and Coordination Act of 2009
This bill would reestablish the National Oceanic and Atmospheric Administration (NOAA) and establish a National Climate Enterprise.  The National Climate Enterprise would coordinate international, federal and nonfederal activity to provide scientifically based climate and climate impact data, information, products, and services to better forecast climate, climate change and climate variability and to understand climate impacts at regional and local levels. Sponsor: Rep Madeleine Bordallo [D-GU] (introduced 6/3/2009).     

H.R.5876: Long Island Sound Improvement Act Amendments of 2010
Of relevance, this bill would amend the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to create additional duties for the Long Island Sound Office of the Environmental Protection Agency (EPA), including studying the impacts of climate change on the Sound watershed. Sponsor:  Rep Timothy Bishop [D-NY] (introduced 7/27/2010).   

H.RES.354: Recognizing that the climate system of the Earth is warming and that most of the increase in global average temperatures is very likely due to the observed increase in human greenhouse gas emissions.
This resolution would recognize that the Earth's climate system is warming; that most of the increase in global average temperatures is very likely due to the observed increase in human greenhouse gas emissions; and legislation is needed to mitigate risks humans and ecosystems face from a warming climate system. Sponsor: Rep Nita Lowey [D-NY] (introduced 4/22/2009).      

H.RES.446: Of inquiry requesting the President and directing the Administrator of the Environmental Protection Agency and the Director of the Office of Management and Budget to provide certain documents to the House of Representatives relating to the Environmental Protection Agency's April proposed finding that greenhouse gas emissions are a danger to public health and welfare.
For summary refer to resolution title.  Sponsor: Rep F. James Sensenbrenner, Jr. [R-WI] (introduced 5/14/2009).      

H.RES.449: Of inquiry requesting the President to provide certain documents in his possession to the House of Representatives relating to the Environmental Protection Agency's April proposed finding that greenhouse gas emissions are a danger to public health and welfare.
For summary, refer to resolution title.  Sponsor: Rep F. James Sensenbrenner, Jr. [R-WI] (introduced 5/15/2009).      

H.RES.865: Expressing the sense of the House of Representatives that the United States should adopt a target of 350 parts per million of atmospheric carbon dioxide by which to evaluate domestic and international climate change policies, and for other purposes.
Refer to title for summary.  Sponsor: Rep Dennis Kucinich [D-OH] (introduced 10/23/2009).      

H.RES.954: Expressing the sense of the House of Representatives regarding the scientific protocols, data collection methods, and peer review standards for climate change research which are necessary to preclude future infringements of the public trust.
Of particular relevance, this bill would express the sense of the House of Representatives that climate change research provided by the Intergovernmental Panel on Climate Change should meet federal standards for scientific research, as defined by the National Science and Technology Council and the National Academy of Sciences before being used as the basis for action by the U.S. government. Sponsor: Rep Ralph Hall [R-TX] (introduced 12/8/2009).    

S.173: Federal Ocean Acidification Research And Monitoring Act of 2009
Of relevance, this bill would define "ocean acidification," for this Act, as the decrease in pH of the Earth's oceans and changes in ocean chemistry caused by chemical inputs from the atmosphere, including carbon dioxide.  Sponsor:  Sen Frank Lautenberg  [D-NJ] (introduced 1/8/2009).      

S.878: Clean Coastal Environment and Public Health Act of 2009
Of particular relevance, sec. 4 would require the Administrator to study and report to Congress on the long-term impact of climate change on pollution of coastal recreation waters.  Sponsor: Sen Frank Lautenberg  [D-NJ] (introduced 4/23/2009).      

S.1148: Renewable Fuel Standard Improvement Act
This bill would amend the Clean Air Act to: require the Secretary of Energy to occasionally update the baseline lifecycle greenhouse gas emissions; revise the definition of "lifecycle greenhouse gas emissions" to base the measurement of such emissions on recent observable data and consideration of regional differences of renewable fuel production; and require a periodic review of adjustments in greenhouse gas reduction levels. Sponsor: Sen Chuck Grassley [R-IA] (introduced 5/21/2009).     

S.1539: Greenhouse Gas Observation and Analysis System Act
This bill would direct the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to establish a greenhouse gas observation and analysis system that will offer information to help reduce and mitigate the presence of greenhouse gases. It would direct the Administrator to establish mechanisms for ensuring continuity of greenhouse gas measurements; and contribute to international efforts to build and operate a global greenhouse gas information system.  It would also require the Administrator to report to Congress every four years on the effectiveness of the system, progress in achieving plan objectives, the consistency of reported greenhouse gas emissions with independent observations, and changes in Earth-system sources and sinks of greenhouse gases. Sponsor: Sen John D.Rockefeller, IV [D-WV] (introduced 7/29/2009).      

S.1667: Abrupt Climate Change Research Act of 2009
Directs the Secretary of Commerce to establish and carry out a program of extramural (non-educational) awards to conduct scientific research on abrupt climate change (defined as change in climate that occurs so rapidly or unexpectedly that human or natural systems have difficulty adapting). Sponsor: Sen Susan Collins  [R-ME] (introduced 9/14/2009).      

S.4015: Public Access to Historical Records Act
This bill would require persons and entities engaged in global climate research funded by the federal government to utilize the dataset specified in this act as a source of data on the historical temperature record.  Sponsor:  Sen David Vitter  [R-LA] (introduced 12/8/2010).      

S.RES.379: A resolution to express the sense of the Senate regarding the protection of intellectual property rights for clean energy and environmental technology.
This bill would express the sense of the Senate that the President should pursue opportunities for international cooperation in technology deployment and should act to ensure that any treaty or other accord resulting from negotiations of the United Nations Framework Convention on Climate Change of May 9, 1992, or a successor agreement does not weaken or undermine international legal rules and obligations relating to the protection and enforcement of intellectual property rights for energy and environmental technology. Sponsor:  Sen Kirsten Gillibrand [D-NY] (introduced 12/17/2009).   

ADAPTATION

H.R.146: Omnibus Public Land Management Act of 2009
This bill includes many initiatives whose purpose is to track the effects of climate change on water.  Specifically, it requires the scientific advisory panel, created by this act, to include experts in strategies for ecological adaptation to climate change, among others.  Sec. 9503 of the bill directs the Secretary of Agriculture to establish a climate change adaptation program to assess the effects of, and risks from, global climate change on the quantity of water resources located in specified areas.  It also directs the Secretary to coordinate with relevant federal and local agencies to ensure that the Secretary has access to the best available scientific information regarding present and future impacts of climate change on water resources. Sec. 9504 of the Act specifically authorizes the Secretary to provide grants to eligible applicants to assist in planning, designing, or constructing developments to address any climate-related impact to the water supply that increases ecological resiliency to the impacts of climate change, or to prevent any water-related crisis at any watershed that has a nexus to a federal reclamation project located in a service area.  Sec. 9505 directs the Secretary of Energy to assess effects of, and risks from, climate change regarding water supplies required for the generation of hydroelectric power at each federal water project that is applicable to a Federal Power Marketing Administration. It directs that Secretary to consult with appropriate federal and local agencies to ensure that the Secretary has access to the best available scientific information regarding impacts of global climate change on water resources that are used to product hydroelectric power.  Sec. 9506 creates a climate change and water intergovernmental panel to: (1) review the current scientific understanding of each impact of climate change on the quantity and quality of U.S. water resources; and (2) develop any strategy deemed necessary to improve observational capabilities, expand data acquisition, or take other actions to increase the reliability and accuracy of modeling and prediction systems to benefit water managers and to increase the understanding of the impacts of climate change on aquatic ecosystems.  Sponsor:  Rep Rush Holt [D-NJ] (introduced 1/6/2009).  Action: 3/3/2009 Passed in the House by a vote of 394-13; 3/19/2009 Passed in the Senate 77-20; 3/30/3009 Signed by President and became Public Law No: 111-11.

H.R.232Greenhouse Gas Registry Act
This bill would direct the Administrator of the Environmental Protection Agency (EPA) to create a federal greenhouse gas (GHG) registry.  It would direct the Administrator to determine and publish the quantity of each GHG that makes the same contribution to global warming as one metric ton of carbon dioxide. Sponsor: Rep Tammy Baldwin  [D-WI] (introduced 1/7/2009).      

H.R.585: Environment and Public Health Restoration Act of 2009
This bill states that it is U.S. government policy to work with states, territories, tribal governments, international organizations, and foreign governments to act as a steward of the environment for the benefit of public health, to maintain air quality and water quality, to sustain the diversity of plant and animal species, to combat global climate change, and to protect the environment for future generations.  Sponsor: Rep Barbara Lee [D-CA] (introduced 1/15/2009).      

H.R.1404: Federal Land Assistance, Management and Enhancement Act
Of relevance, this bill would create a system to assess the impacts of climate change on the frequency and severity of wildland fire.  It would also direct the Secretaries of Interior and Agriculture to submit to Congress, at least once during every five-year period, a revised wildland fire management strategy taking into consideration changes affecting the elements of the strategy, in particular changes respecting climate, and weather.  Sponsor:  Rep Nick Rahall, II [D-WV] (introduced 3/10/2009).  Action: 3/26/2009 Passed in the House by recorded vote: 412-3.

H.R.1790:  Forest Carbon Emission Reduction Act

This bill would aim to reduce global greenhouse gas emissions resulting from land conversion and deforestation in developing countries. It would also aim to provide incentives for developing countries to increase forest carbon stocks.  Specifically, it would direct the Administrator of the EPA to prepare a list of countries that have: (1) demonstrated the capacity to participate in international forest carbon activities at a national level; (2) capped greenhouse gas emissions or otherwise established a credible national baseline; (3) achieved national-level reductions of deforestation; and (4) implemented an emission reduction program for the forest sector.  Sponsor: Rep Eliot L. Engel [D-NY] (introduced 3/30/2009).      

H.R.1795:  To provide for the establishment of an Offsets Integrity Advisory Board, and for other purposes.
This bill would require the Administrator of the EPA to establish an independent Offsets Integrity Advisory Board.  The Board would recommend regulations on offsets of greenhouse gas (GHG) emissions and it would ensure the overall environmental integrity of the offset program.  The offset program recognizes the act of reducing or avoiding GHG emissions in one place in order to offset emissions occurring somewhere else.  Sponsor: Rep Jim Matheson [D-UT] (introduced 3/30/2009).      

H.R.1905: Coastal State Climate Change Planning Act
This bill would amend the Coastal Zone Management Act of 1972 to establish a coastal climate change adaptation planning and response program.  The program would provide assistance to coastal states to voluntarily develop coastal climate change adaptation plans and to provide financial and technical assistance and training to enable coastal states to implement those plans. Sponsor: Rep Lois Capps  [D-CA] (introduced 4/2/2009).      

H.R.2030: Senator Paul Simon Water for the World Act of 2009
This bill would amend the Foreign Assistance Act of 1961 to direct the Administrator of the United States Agency for International Development (USAID) to establish the Office of Water within the Bureau for Economic Growth, Agriculture, and Trade. It would also amend the Senator Paul Simon Water for the Poor Act of 2005 to report on the expected impacts of global climate change on water supplies in 10, 25, and 50 years.  Sponsor: Rep Earl Blumenauer [D-OR] (introduced 4/22/2009).

H.R.2093: Clean Coastal Environment and Public Health Act of 2009
This bill would amend the Federal Water Pollution Control Act relating to beach monitoring.  Of particular relevance, sec. 11of the bill would require the Administrator of the EPA to study and report to Congress on the long-term impact of climate change on pathogenic contamination of coastal recreation waters.  Sponsor: Rep Frank Pallone, Jr. [D-NJ] (introduced 4/23/2009). Action: 7/29/2009:  Passed in House by voice vote.

H.R.2192: Climate Change Safeguards for Natural Resources Conservation Act
This bill would require the President to establish: (1) a national Natural Resources Climate Change Adaptation Strategy to protect, restore, and conserve natural resources to enable them to become more resilient, adapt to, and withstand the impacts of climate change; and (2) a Natural Resources Climate Change Adaptation Panel to serve as a forum for interagency consultation on and the coordination of the development and implementation of the Strategy.  It would also direct the Chair of the Council of Environmental Quality to coordinate agency natural resources actions in response to climate change.  Additionally, it would require the Secretaries of Commerce and the Interior to establish a coordinated process for developing and providing science and information needed to assess and address the impacts of climate change. Furthermore it would establish in the Treasury the Natural Resources Climate Change Adaptation Account.  The account would require each state to prepare and update every five years a natural resources adaptation plan to address the potential impacts of climate change, in order for the state to be eligible for funding from the account.  Sponsor:  Rep Raul Grijalva [D-AZ] (introduced 4/30/2009).      

H.R.2323: Climate Change Health Protection and Promotion Act
This bill would direct the Secretary of Health and Human Services (HHS) to: (1) publish a national strategic action plan to assist health professionals to prepare for and respond to the impacts of climate change on public health in the United States and other nations, particularly developing nations; (2) revise the plan periodically to reflect new information on the impacts of climate change on public health; (3) establish a permanent science advisory board to provide advice and recommendations on the domestic and international impacts of climate change on public health; and (4) contract with the National Research Council and the Institute of Medicine to prepare a report that assesses the needs for health professionals to prepare for and respond to climate change impacts on public health.  Sponsor:  Rep Lois Capps  [D-CA] (introduced 5/7/2009).      

H.R.2507: Native American Challenge Demonstration Project Act of 2009
This bill would authorize the Secretary of Commerce to provide assistance to Alaska Native nonprofit organizations, Native Hawaiian community organizations, and other Indian tribes that enter into Native American Challenge Compacts (agreements with the United States that establish a plan for achieving developmental objectives).  These Compacts would include promoting economic growth and the elimination of poverty, strengthening good governance, entrepreneurship, and investment in Native American communities, and, of particular relevance, enhancing the capacity of Alaska Native communities to deal with climate change.  Sponsor:  Rep Don Young [R-AK] (introduced 5/19/2009).      

H.R.2969: Water System Adaptation Partnerships Act of 2009
This bill would direct the Administrator of the EPA to make grants to water systems.  The grants would support the completion of studies or assessments that project how climate change may impact the future operations and sustainability of the water system. The bill would also establish grant application requirements and a competitive process to select and fund applications, giving priority to applications that are submitted by water systems that are at the greatest and most immediate risk of facing significant climate-related negative impacts.  Sponsor:  Rep Lois Capps  [D-CA] (introduced 6/19/2009).    

H.R.2997: Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2010
Of particular relevance, sec. 728 of the bill appropriates funds for the development of a national carbon inventory and accounting system prototype for forestry and agriculture. Sponsor: Rep Rosa DeLauro  [D-CT] (introduced 6/23/2009).  Action: 7/9/2009 Passed in the House 266-160; 8/4/2009 Passed in the Senate 80-17; 10/21/2009 Signed by President and became Public Law No: 111-80.

H.R.3598: Energy and Water Research Integration Act
This bill would direct the Secretary of Energy, in coordination with other relevant federal agencies, to establish the Energy-Water Architecture Council (EWAC) to provide improved energy and water resource data collection, reporting, and the technological innovation.  Of particular relevance, it would require the Secretary to consider the effects that climate variability and change may have on water supplies and quality for energy generation and fuel production.  It would also require the Secretary to evaluate and establish technical markers for technological development for carbon capture and storage systems that utilize efficient water use design strategies. Sponsor: Rep Bart Gordon  [D-TN] (introduced 9/17/2009).  Action: 12/1/2009 Passed in the House by voice vote; 12/2/2009.

H.R.3629: Healthy Borderlands Act of 2009
This bill would direct the Secretary of Homeland Security to develop and implement a plan to address the ecological and environmental impacts of border security infrastructure, measures, and activities along the international land borders of the United States.  Of particular relevance, it would require the plan to include measures to address and mitigate the impacts of climate change on wildlife and the ecosystem. Sponsor: Rep Ciro Rodriguez [D-TX] (introduced 9/22/2009).      

H.R.3644: Ocean, Coastal, and Watershed Education Act
This bill would direct the National Oceanic and Atmospheric Administration (NOAA) to establish education and watershed programs for the purpose of attaining environmental literacy, which would include learning how to adapt to the likely impacts of climate change in coastal watershed regions.  Sponsor:  Rep Lois Capps  [D-CA] (introduced 9/24/2009). Action: 3/19/2012 Passed in the House by recorded vote: 244-170.

H.R.3727: Drinking Water Adaptation, Technology, Education, and Research (WATER) Act
This bill would require the Administrator of the EPA to establish and provide funding for a program to assist utilities in adapting to the effects of climate change.  Of particular relevance, it would require research on energy efficiency and greenhouse gas minimization and greenhouse gas emissions reduction and improvement of energy demand management.  Sponsor: Rep Diana DeGette  [D-CO] (introduced 10/6/2009).

H.R.3747: Water Efficiency, Conservation, and Adaptation Act of 2009
This bill would require the Administrator of the EPA to make grants to owners or operators of specified water systems to address any ongoing or forecasted climate-related impact on the water quality or quantity of a region of the United States.  The grant would help qualified owners and operators mitigate or adapt to the impacts of climate change. Sponsor: Rep Shelley Berkley [D-NV] (introduced 10/7/2009).     

H.R.4715: Clean Estuaries Act of 2010
This bill would amend the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to reauthorize the National Estuary Program. Of particular relevance, it would expand a conservation and management plan with respect to estuaries by requiring the plan to address the impacts of climate change on the estuary.  Sponsor:  Rep Timothy Bishop [D-NY] (introduced 3/2/2010).   Action: 4/15/2010 Passed in the House 278-128.

H.R.5301: To extend the period during which the Administrator of the Environmental Protection Agency and States are prohibited from requiring a permit under section 402 of the Federal Water Control Act for certain discharges that are incidental to normal operation of vessels, to reauthorize the National Estuary Program, and for other purposes.
This bill would amend the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to reauthorize the National Estuary Program. Of particular relevance, it would expand a conservation and management plan with respect to estuaries by requiring the plan to address the impacts of climate change on the estuary.  Sponsor: Rep Frank LoBiondo  [R-NJ] (introduced 5/13/2010). Action: 7/20/2010 Passed in the House by voice vote.

H.R.5783: Investing in Our Future Act of 2010
The proposed bill would impose a 0.005% tax on the value of the currency (if greater than $10,000 USD) acquired in a currency exchange transaction. The revenue generated by this tax would be directed to three new trust funds established at the Department of the Treasury.  Of particular relevance, 40% would be allocated to a "Global Climate Change Adaptation and Mitigation Trust Fund," which would be used for contributions to a United Nations Framework Convention on Climate Change global climate fund for climate change adaptation and mitigation.  Sponsor:  Rep Pete Fortney Stark  [D-CA] (introduced 7/20/2010).      

H.CON.RES.2: Expresses the sense of the Congress that the United States Fish and Wildlife Service should incorporate consideration of global warming and sea-level rise into the comprehensive conservation plans for coastal national wildlife refuges, and for other purposes.
This resolution would create plans to address how global warming and sea-level rise will affect fish, wildlife, and plant populations.  It would call for the Director of the USFWS to conduct an assessment of the potential impacts of global warming and sea-level rise on coastal national wildlife refuges. Sponsor: Rep Donna Christensen [D-VI] (introduced 1/6/2009).      

H.AMDT.56: An amendment to H.R.1404, it requires the cohesive wildland fire management strategy in the bill to include among its elements a system to assess the impacts of climate change on the frequency and severity of wildland fires.  Sponsor:  Rep Martin Heinrich [D-NM] (offered 3/26/2009).  Action:  3/26/2009 Agreed to by voice vote.

H.CON.RES.98: Recognizing the disparate impact of climate change on women and the efforts of women globally to address climate change.
This bill would recognize the disparate impacts of climate change on women and the efforts of women globally to address it.  It would encourage the use of gender-sensitive frameworks in developing climate change policies.  It would also affirm Congress's commitment to: (1) support women who are particularly vulnerable to prepare for and adapt to climate change impacts; and (2) empower women in the planning and implementation of climate change strategies.  In addition, it would encourage the President to consider the impacts on women while developing climate change policies and programs.  Sponsor:  Rep Barbara Lee [D-CA] (introduced 4/2/2009).      

H.RES.587Providing for consideration of the bill (H.R. 2454) to create clean energy jobs, achieve energy independence, to reduce global warming pollution and transition to a clean energy economy.  Refer to title for summary.  Sponsor: Rep Doris O. Matsui [D-CA] (introduced 6/25/2009).  Action: 6/26/2009 Passed in the House by recorded vote: 217 – 205.

H.RES.1192: Providing for consideration of the bill (H.R. 3644) to direct the National Oceanic and Atmospheric Administration to establish education and watershed programs which advance environmental literacy, including preparedness and adaptability for the likely impacts of climate change in coastal watershed regions, and providing for consideration of the bill (H.R. 1612) to amend the Public Lands Corps Act of 1993 to expand the authorization of the Secretaries of Agriculture, Commerce, and the Interior to provide service-learning opportunities on public lands, help restore the Nation's natural, cultural, historic, archaeological, recreational, and scenic resources, train a new generation of public land managers and enthusiasts, and promote the value of public service.
Refer to title for summary.  Sponsor:  Rep Jared Polis  [D-CO] (introduced 3/18/2010).  Action: 3/19/2010 Passed in the House: 236 – 171.

H.RES.1420: Recognizing the Convention on International Trade in Endangered Species of Wild Fauna and Flora on its 35th anniversary.
This bill would recognize the increasing importance of the Convention on International Trade in Endangered Species of Wild Fauna and Flora in addressing multiple and compounding threats on species and ecosystems arising from over-exploitation, habitat loss, invasive species, disease, and the effects of climate change. Sponsor: Rep Alcee Hastings  [D-FL] (introduced 5/28/2010).      

S.22: Omnibus Public Land Management Act of 2009
This bill would require the scientific advisory panel, a panel created under this Act, to include experts in adaptation to climate change.  Additionally, sec. 9503 would direct the Secretary of Agriculture to establish a climate change adaptation program, which would assess the effects of, and risks from, global climate change regarding the quantity of water resources located in specified areas. It also directs the Secretary to coordinate with relevant federal and local agencies to ensure that the Secretary has access to the best available scientific information regarding present and future impacts of climate change on water resources.  Sec. 9504 of the Act specifically authorizes the Secretary to provide grants to eligible applicants to assist in planning, designing, or constructing developments to address any climate-related impact to the water supply that increases ecological resiliency to the impacts of climate change, or to prevent any water-related crisis at any watershed that has a nexus to a federal reclamation project located in a service area.  Sec. 9505 directs the Secretary of Energy to assess effects of, and risks from, climate change regarding water supplies required for the generation of hydroelectric power at each federal water project that is applicable to a Federal Power Marketing Administration. It directs that Secretary to consult with appropriate federal and local agencies to ensure that the Secretary has access to the best available scientific information regarding impacts of global climate change on water resources that are used to product hydroelectric power.  Sec. 9506 creates a climate change and water intergovernmental panel to: (1) review the current scientific understanding of each impact of climate change on the quantity and quality of U.S. water resources; and (2) develop any strategy deemed necessary to improve observational capabilities, expand data acquisition, or take other actions to increase the reliability and accuracy of modeling and prediction systems to benefit water managers and to increase the understanding of the impacts of climate change on aquatic ecosystems.  Sponsor:  Sen Jeff Bingaman  [D-NM] (introduced 1/7/2009).  Action:  1/15/2009 Passed in the Senate by a vote of 73-21; 3/11/2009 Failed in the House by a vote of 282 – 144 (2/3 required).

S.807: SMART Energy Act
This bill would establish the National Commission on Energy Policy and Global Climate Change in the legislative branch, to advise and assist Congress in developing a comprehensive energy policy.  Sponsor:  Sen Benjamin Nelson [D-NE] (introduced 4/2/2009).    

S.810: Ocean and Coastal Adaptation Planning Act
This bill would direct the Administrators of the National Oceanic and Atmospheric Administration (NOAA) and the Environmental Protection Agency (EPA) to jointly establish four Institutes for Ocean and Coastal Adaptation to Climate Change and Ocean Acidification.  The Institutes would help to assess, prepare for, and adapt to the impacts of climate change and create centers to document and predict coastal and ocean effects of climate change and ocean acidification. Sponsor:  Sen Sheldon Whitehouse [D-RI] (introduced 4/2/2009).     

S.817: Pacific Salmon Stronghold Conservation Act of 2009
This bill would encourage the preservation of wild pacific salmon. Of particular relevance, sec. 5 would require the Assistant Administrator for the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration (NOAA) to carry out functions associated with salmon strongholds and conservation planning, including trend analysis, geographic mapping, and climate change projections.  Sponsor:  Sen Maria Cantwell [D-WA] (introduced 4/2/2009).     

S.858: National Oceans Protection Act of 2009
This bill would promote the health of the ocean and Great Lakes ecosystems. It would establish a National Ocean Advisor and a Council on Ocean Stewardship in the Executive Office of the President, and a Presidential Panel of Advisers on Oceans and Climate. Sponsor: Sen Barbara Boxer [D-CA] (introduced 4/22/2009).      

S.980: Native American Challenge Demonstration Project Act of 2009
This bill would direct the Secretary of Commerce to establish and implement the Native American Millennium Challenge Demonstration Project.  Through this project, the federal government could provide economic assistance for certain Native American communities. Of particular relevance, it would encourage investment in Native American communities to enhance the capacity of Alaska Native communities to deal with climate change.  Sponsor:  Sen Lisa Murkowski [R-AK] (introduced 5/5/2009).   

S.1035: Drinking Water Adaptation, Technology, Education, and Research (WATER) Act
This bill would establish a program to fund research and development to assist water utilities adapt to climate change.  Specifically, it would require research areas to include: energy efficiency and greenhouse gas minimization; and greenhouse gas emissions reduction.  Sponsor: Sen Harry Reid  [D-NV] (introduced 5/13/2009).      

S.1224: Chesapeake Bay Science, Education, and Ecosystem Enhancement Act of 2009
This bill would amend the National Oceanic and Atmospheric Administration Authorization Act of 1992.  It would expand the duties of the Chesapeake Bay Office to include programs and activities in coastal hazards, resilient coastal communities, and climate change; and research, scientific assessment, and adaptation to climate change.  Sponsor:  Sen Mark Warner [D-VA] (introduced 6/10/2009).      

S.1252: Oceans and Human Health Reauthorization Act of 2010
This bill would authorize coordinated efforts to monitor and reduce marine public health problems, including those related to the effects from climate change. Sponsor: Sen John Rockefeller, IV [D-WV] (introduced 6/11/2009).

S.1566: Arctic Climate Adaptation Act
This bill would establish an American Arctic Adaptation Grant Program in the Department of Commerce.  It would also establish an Adaptation Advisory Committee to advise the Commission on climate adaptation needs and investments.  In addition, it would permit funding for an eligible project, defined as public infrastructure in coastal or remote Alaska damaged or threatened by climate change. Furthermore, the bill would require the Commission during FY2010 and in collaboration with the state of Alaska, the University of Alaska, and relevant U.S. agencies, to conduct research on best practices for climate related adaptation.  Sponsor:  Sen Mark Begich [D-AK] (introduced 8/3/2009).      

S.1712: Water Efficiency, Conservation, and Adaptation Act of 2009
Requires the Administrator of the EPA to make grants to owners or operators of specified water systems to address any ongoing or forecasted climate-related impact on the water quality or quantity of a region of the United States for the purposes of mitigating or adapting to the impacts of climate change.  Sponsor:  Sen Harry Reid  [D-NV] (introduced 9/24/2009).    

S.1933: Natural Resources Climate Adaptation Act
This bill would integrate federal agency activities to respond to impacts of climate change.  It would also provide financial support and incentives for authorized programs, strategies, and activities to protect, restore, and conserve natural resources and associated ecosystem services in response to threats and effects of climate change.  In addition, it would require the Secretaries of the Interior and Commerce (Secretaries) to establish procedures for coordinating among federal agencies to address the impacts of climate change on natural resources; and issue, with the Secretary of Agriculture, a climate change impact survey that identifies natural resources likely to be adversely affected by climate change.  The Secretaries and the Secretary of Agriculture would establish a Natural Resources Adaptation Science Advisory Board to advise federal agencies on the impacts of climate change.  Also, the Secretary of the Interior would establish the National Climate Change and Wildlife Center within the United States Geological Survey (USGS). Furthermore, the bill would require the President to establish a Natural Resources Climate Change Adaptation Panel to develop a Natural Resources Climate Change Adaptation Strategy.  Regarding funding, it would require each state seeking funds to prepare a state natural resources adaptation plan to address the ongoing and expected impacts of climate change on natural resources within the state. It would also establish in the Treasury the Natural Resources Climate Change Adaptation Fund to provide funding to states to carry out natural resources adaptation activities.  Sponsor:  Sen Jeff Bingaman [D-NM] (introduced 10/27/2009).     

S.2859: Coral Reef Conservation Amendments Act of 2009
Sec. 4 of this bill would amend the Coral Reef Conservation Act of 2000 to transfer certain authority from the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to the Secretary of Commerce (the Secretary).  Of relevance, it would direct the Secretary to submit to Congress a national coral reef ecosystem action strategy to include discussions of climate change, among other things.  Sponsor:  Sen Daniel Inouye  [D-HI] (introduced 12/9/2009).     

S.3119: Long Island Sound Restoration and Stewardship Act
Sec. 2 of this bill would amend the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to expand the duties of the Office of Management Conference of the Long Island Sound Study.  Specifically, it would require the Office to strengthen the Comprehensive Conservation and Management Plan for the Long Island Sound, which would include considering the impacts of climate change on the Sound watershed.  Sponsor: Sen Kirsten Gillibrand [D-NY] (introduced 3/16/2010).     

CARBON TAX

H.R.594: Save Our Climate Act of 2009

This bill would amend the Internal Revenue Code to impose an excise tax on the carbon content of any taxable fuel sold by a manufacturer, producer, or importer. The tax would be set at $10 per ton of the carbon content with annual tax increases until the second year after the level of carbon dioxide emissions in the United States for the calendar year does not exceed 20% of the level for 1990.  Sponsor: Rep Pete Fortney Stark [D-CA] (introduced 1/15/2009).

H.R.1337America's Energy Security Trust Fund Act of 2009
This bill would amend the Internal Revenue Code of 1986 to reduce carbon dioxide emissions in the United States domestic energy supply.  Specifically, it would establish a U.S. Energy Security Trust Fund to finance research in clean energy technology, assist industries negatively affected by this Act, and provide carbon tax rebates to individual taxpayers.   It would also direct the Secretary of the Treasury to study and report to Congress on the best methods to assess and collect taxes on non-carbon greenhouse gases.  Lastly, it expresses the sense of Congress that the United States should establish binding agreements with major greenhouse gas emitting nations to reduce global greenhouse gas emissions.  Sponsor: Rep John B. Larson  [D-CT] (introduced 3/5/2009).

H.R.1438:  To prohibit any Federal agency or official, in carrying out any Act or program to reduce the effects of greenhouse gas emissions on climate change, from imposing a fee or tax on gaseous emissions emitted directly by livestock.
This bill would prohibit federal agencies, in carrying out any Act or program to reduce the effects of greenhouse gas emissions on climate change, from imposing a fee or tax on gaseous emissions emitted directly by livestock.  Sponsor: Rep Jeff Fortenberry [R-NE] (introduced 3/11/2009).      

H.R.2046:  Bottle Recycling Climate Protection Act of 2009
This bill would amend the Solid Waste Disposal Act by prohibiting retailers and distributors from selling beverages in containers that do not display a statement of a refund value of five cents.   It would provide resources for State pollution prevention and recycling programs; specifically, it would direct each refund depositor to pay a state quarterly, unclaimed refund amount, which would be available to the state for programs designed to reduce greenhouse gas emissions.  Sponsor: Rep Edward Markey [D-MA] (introduced 4/22/2009).      

H.R.2380: Raise Wages, Cut Carbon Act of 2009
This bill would amend the Internal Revenue Code to impose an environmental tax on: any taxable carbon substance and imported taxable products that account for a specified level of carbon substances used in the United States.  It would also require a two-thirds vote of the House of Representatives or the Senate to increase the amount of the tax on taxable carbon substance or imported products. Sponsor: Rep Bob Inglis  [R-SC] (introduced 5/13/2009).    

H.R.2757: Consumer Assistance Rebate for Energy Act
This bill would give back to the American people any proceeds from the sale of allowances or credits from a tax or fee imposed on greenhouse gas emissions as a result of a federal climate change law. Sponsor: Rep Ron Kind [D-WI] (introduced 6/8/2009).      

TAX INCENTIVES

H.R.1:  American Recovery and Reinvestment Act of 2009
A direct response to the economic crisis, the Recovery Act has three immediate goals: (1) Create new jobs and save existing ones; (2) Spur economic activity and invest in long-term growth; (3) Foster unprecedented levels of accountability and transparency in government spending.   The Recovery Act provided $787 billion in tax cuts and benefits for millions of working families and businesses, funding for entitlement programs, such as unemployment benefits, and funding for federal contracts, grants and loans.  Of particular relevance, section 406 amends the Energy Policy Act of 2005 by laying out a temporary program for rapid deployment of renewable energy and electric power transmission projects. It restricts federal guarantees to, among other things, biofuel projects that will produce transportation fuels that substantially reduce life-cycle greenhouse gas (GHG) emissions compared to other transportation fuels.  In addition, section 1302 of the Act provides a new tax credit for investment in a qualifying advanced energy project, including property used to reduce GHG emissions. Sponsor: Rep David R. Obey [D-WI] (introduced 1/26/2009).  Action: 1/28/2009 Passed in the House by a vote of 244-188; 2/10/2009 Passed in the Senate by a vote of 61-37; 2/16/2009; Signed by the President; 2/17/2009 Became Public Law No: 111-5.

H.R.1158: Biogas Production Incentive Act of 2009

This bill would amend the Internal Revenue Code to allow a business-related tax credit for the production, sale, or use of biogas.  It would define "biogas" as a gas that, amongst other things, contains at least 52% methane and carbon dioxide and trace gases. Sponsor: Rep Brian Higgins [D-NY] (introduced 2/24/2009). 

H.R.1794: New Options Petroleum Energy Conservation Act of 2009
This bill would amend the Internal Revenue Code to allow a tax credit for investment in a climate neutral combustion facility. "Climate neutral combustion facility" is defined as any facility which: (1) burns matter to produce electricity; (2) captures and uses carbon dioxide released during combustion to recover hydrocarbon fuel; and (3) produces no emissions of mercury or greenhouse gasses and no emissions that form fine particulate, smog, or acid rain.  Sponsor: Rep Daniel Lungren [R-CA] (introduced 3/30/2009).

H.R.2438: To amend the Internal Revenue Code of 1986 to provide a temporary bonus research credit for energy-related research.
This bill would amend the Internal Revenue Code to allow a taxpayer to elect to increase the tax credit for research expenditures by 20% for qualified energy research expenses incurred in 2009 or 2010. The bill defines "qualified energy research expenses" to include, among other things, carbon capture and sequestration.  Sponsor: Rep John Larson  [D-CT] (introduced 5/14/2009).      

H.R.2828: American Energy Innovation Act
This bill would amend the Internal Revenue Code to provide incentives for energy production and conservation, including: by allowing new tax credits for carbon dioxide capture from industrial sources and increasing the tax credit for carbon dioxide sequestration.  It would also amend the Clean Air Act to exclude carbon dioxide from the meaning of "air pollutant."  Additionally, it would require the Secretary of the Interior to establish the Alaska Offshore Continental Shelf Coordination Office and assess the capacity of a storage formation that can retain carbon dioxide.  Sponsor: Rep Rob Bishop  [R-UT] (introduced 6/11/2009).      

H.R.3460To amend the Clean Air Act to include algae-based biofuel in the renewable fuel program and amend the Internal Revenue Code of 1986 to include algae-based biofuel in the cellulosic biofuel producer credit. Refer to bill title for summary.   Sponsor: Rep Brian Bilbray  [R-CA] (introduced 7/31/2009).

H.R.3525: To amend the Internal Revenue Code of 1986 to provide for the treatment of bonds issued to finance renewable energy resource facilities, conservation and efficiency facilities, and other specified greenhouse gas emission technologies. Refer to bill title for summary.  Sponsor: Rep Mike Thompson  [D-CA] (introduced 7/31/2009).      

H.R.5343: Advanced Biofuel Investment Act of 2010
This bill would amend the Internal Revenue Code to allow a 30% energy tax credit for investment in qualified advanced biofuel production property. "Qualified advanced biofuel production property" is defined as property used to produce biofuel which meets the definition of advanced biofuel in the Farm Security and Rural Investment Act of 2002, and has lifecycle greenhouse gas emissions that are at least 50% less than baseline lifecycle greenhouse gas emissions required by the Clean Air Act. This credit would be terminated in 2015.  Sponsor: Rep Stephanie Herseth Sandlin [D-SD] (introduced 5/19/2010).      

H.R.5856: Waste-to-Energy Technology Act of 2010
This bill would amend the Internal Revenue Code to allow for a 30% energy tax credit for investment in qualified waste-to-energy property. It would require the Secretary of the Treasury to establish criteria for awarding certifications for qualified waste-to-energy projects, which would include whether the projects pose the fewest risks (other than climate risks) to environmental and human health.  Sponsor:  Rep Doggett Lloyd [D-TX] (introduced 7/26/2010).      

S.15: Global Forest Restoration Investment Tax Credit Act
This bill would amend the Internal Revenue Code to allow for a business-related tax credit for investment in a carbon sequestration project approved under the International Carbon Conservation Act. Sponsor: Sen Sam Brownback  [R-KS] (introduced 9/29/2010).      

S.320: Clean Energy Stimulus and Investment Assurance Act of 2009
This bill would amend the Internal Revenue Code to, among other things, extend the tax credit for producing electricity from renewable resources and expand such credit to include the production of thermal energy and zero carbon emissions resource facilities.  Sponsor:  Sen Maria Cantwell [D-WA] (introduced 1/26/2009).      

S.3714: Coal Energy Bridge Act of 2010
This bill would amend the Internal Revenue Code to provide tax favorable treatment to mechanical or electronic systems that are installed on a coal-fired electric generation units that reduce carbon dioxide emissions.  The bill would also provide a new 30% tax credit for investment in carbon dioxide capture, transport, and storage that is part of a qualified coal-fired electric generation unit, and it would expand the tax credit for carbon dioxide sequestration to allow for uses other than as tertiary injectants (fluids, gases, and other chemicals that are injected into oil or gas). Sponsor: Sen Kent Conrad [D-ND] (introduced 8/5/2010).     

S.3935: Advanced Energy Tax Incentives Act of 2010
This bill would increase and expand the tax credit for carbon dioxide sequestration.  Sponsor:  Sen Jeff Bingaman  [D-NM] (introduced 9/29/2010).       

CAP AND TRADE

H.R.977:  Derivatives Markets Transparency and Accountability Act of 2009
This bill would amend the Commodity Exchange Act to bring greater transparency and accountability to commodity markets.  Of particular relevance, the bill would exempt the following commodities from Commodity Exchange Act coverage: (1) any lawful allowance to emit a greenhouse gas; and (2) any credit authorized under law toward the reduction in greenhouse gas emissions or an increase in carbon sequestration.  Additionally, it would direct the CFTC to enter into an agreement with the Secretary of Agriculture to ensure that any procedures and protocols developed for a market-based greenhouse gas program are properly constructed and coordinated to maximize credits for carbon sequestration. Sponsor: Rep Collin Peterson [D-MN] (introduced 2/11/2009).

H.R.1666:  Safe Markets Development Act of 2009
This bill would amend the Internal Revenue Code of 1986 to establish a method to collect revenue for a carbon market that ensures price stability with environmental integrity.  Specifically, it would require the owner or operator of a covered facility to submit to the Secretary of the Treasury a carbon dioxide emission allowance attributable to such facility, as calculated by the Administrator of the EPA under a greenhouse gases emissions registry.  The bill specifies projected initial amounts of greenhouse gas emissions of covered facilities in the cap and trade program for each of calendar years 2012-2050, and it provides for reductions in the emissions target for 2020.  Sponsor: Rep Lloyd Doggett [D-TX] (introduced 3/23/2009).      

H.R.1683:  Clean Environment and Stable Energy Market Act of 2009
This bill would amend the Internal Revenue Code to require covered persons (which include coal producers, oil refinery operators, and producers and importers of other greenhouse gases emission substances) to purchase a federal emission permit from the Secretary of the Treasury for the sale or use of a greenhouse gas (GHG) emission substance.  It would also require the Secretary to impose a GHG emission permit fee on imports of carbon intensive goods.  Sponsor: Rep Jim McDermott [D-WA] (introduced 3/24/2009).

H.R.1759: Emission Migration Prevention with Long-Term Output Yields Act
This bill would require the Administrator of the EPA to distribute emission allowances (authorizations to emit one carbon dioxide equivalent of greenhouse gas) annually in specified amounts to the owners and operators of facilities in eligible industrial sectors, under a domestic cap and trade program, subject to a maximum quantity limitation.  Sponsor: Rep Jay Inslee  [D-WA] (introduced 3/26/2009).      

H.R.1862: Cap and Dividend Act of 2009
This bill would amend the Internal Revenue Code to require the Secretary of the Treasury, in consultation with the Administrator of the EPA, to establish a separate quantity of carbon permits for 2012 and each succeeding year in accordance with a specified emission reduction schedule.  It would also call for the establishment of a system for identifying, issuing, and tracking the permits.  In addition, it would require the Secretary to conduct periodic public auctions of carbon permits to owners of covered entities. It would require the Secretary to issue additional carbon permits equal to the number of metric tons of carbon dioxide a person safely and verifiably captures and sequesters from the combustion of covered fuels in the United States. Furthermore, it would establish the Healthy Climate Trust Fund, which would receive the proceeds from the permit auctions and noncompliance penalties, and from which annual dividends would be paid to consumers.  The bill would also require the Secretary to impose carbon fees on imports of carbon-intensive goods, and to make payments to persons exporting carbon-intensive goods produced in the United States. Sponsor: Rep Van Chris Hollen  [D-MD] (introduced 4/1/2009).      

H.R.2147: Global Warming Economic Oversight Act of 2009
This bill would establish the Global Warming Economic Oversight Commission.  The Commission would monitor how the federal government uses funds from any auction or sale of greenhouse gas emission allowances, and it would report its findings to the appropriate congressional committee.  Sponsor: Rep Paul W. Hodes [D-NH] (introduced 4/28/2009).      

H.R.2300: American Energy Innovation Act
This bill would amend the Internal Revenue Code to provide incentives for energy production and conservation, including by: allowing new tax credits for carbon dioxide capture from industrial sources; and increasing the tax credit for carbon dioxide sequestration. It would also amend the Clean Air Act to exclude carbon dioxide from the meaning of "air pollutant."  In addition, it would require the Secretary of the Interior to assess the capacity of a storage formation that can retain carbon dioxide. Sponsor: Rep Rob Bishop [R-UT] (introduced 5/7/2009).      

H.R.2353To require electric utilities to notify electric consumers of the cost of emission allowances associated with the electricity delivered to such consumers, and for other purposes.
This bill would requires the Administrator of the EPA, in implementing a greenhouse gas (GHG) regulatory program that provides for the sale of emission allowances in connection with an absolute limit on GHG emissions, to publish monthly the average cost per kilowatt hour of the emission allowances purchased by each person generating electricity for sale.   It would also amend the Public Utility Regulatory Policies Act of 1978 to require each electric utility, within two years, to include in each billing statement transmitted to each electric consumer a statement of the portion of the rate charged to that consumer that represents the cost of emission allowances purchased by the utility for the period covered by such billing statement.  Sponsor: Rep Jason Chaffetz  [R-UT] (introduced 5/12/2009).      

H.R.2371:  To use tradable greenhouse gas emission allowances under the American Clean Energy and Security Act of 2009 to provide assistance to residential and commercial consumers of home heating oil and propane in reducing the effective costs of such fuels through State programs to deliver cost-effective efficiency programs and other consumer assistance.
This bill would direct the Administrator of the EPA, by September 30 of each calendar year 2012-2030, to distribute 1.5% of the emission allowances that the Administrator has established for the year, among the states.  It would direct each state receiving emission allowances to sell them within one year of receipt, either directly or through consignment to the Administrator for auction. It would also require any emission allowances that are not sold within one year of receipt to be returned to the Administrator, who shall distribute them to the remaining states ratably in accordance with the formula.  Sponsor: Rep Christopher Murphy [D-CT] (introduced 5/12/2009).      

H.R.2448: Prevent Unfair Manipulation of Prices Act of 2009
This bill would regulate futures transactions involving energy commodities and strengthen the enforcement authorities of the Federal Energy Regulatory Commission under the Natural Gas Act, Natural Gas Policy Act of 1978, and the Federal Power Act, and for other purposes.  Of particular relevance, it would grant the Commodities Futures Trading Commission (CFTC) oversight authority over carbon derivatives markets. Sponsor: Rep Bart Stupak  [D-MI] (introduced 5/14/2009).      

H.R.2454American Clean Energy and Security Act of 2009
This bill aims to create clean energy jobs, achieve energy independence, reduce global warming pollution and transition to a clean energy economy.  It would establish a cap-and-trade system for greenhouse gas (GHG) emissions and set goals for reducing such emissions from covered sources by 83% of 2005 levels by 2050.  It would require the EPA Administrator to issue regulations allowing any person to exchange GHG emission allowances issued before December 31, 2011, by California or for the Regional Greenhouse Gas Initiative or the Western Climate Initiative for emission allowances established by the EPA Administrator. Sec. 331 of the bill would amends the CAA to require the EPA Administrator to promulgate New Source Performance Standards (NSPSs) under such Act for specified categories of stationary sources that: (1) have uncapped GHG emissions greater than 10,000 tons of carbon dioxide equivalent and are responsible for emitting at least 20% of the uncapped GHG gas emission annually.  Furthermore, Sec. 531 would amend the Food Security Act of 1985 to require the Secretary of Agriculture to establish an independent USDA Greenhouse Gas Emission Reduction and Sequestration Advisory Committee to provide scientific and technical advice on establishing, implementing, and ensuring the overall environmental integrity of an offset program for domestic agriculture and forestry practices that reduce or avoid GHG emissions or sequester GHGs.  Sponsor: Rep Henry Waxman [D-CA] (introduced 5/15/2009).  Action: 6/26/2009 Passed in the House by a recorded vote of 219-212.

H.R.2998: American Clean Energy and Security Act of 2009
This bill intended to create clean energy jobs, achieve energy independence, reduce global warming pollution, and transition to a clean energy economy.  In particular, it would:  establish transportation-related greenhouse gas (GHG) emissions reduction goals and standards; reduce emissions of black carbon; amend the Clean Air Act (CAA) to require the EPA to promulgate regulations to cap and reduce GHG emissions, annually, so that GHG emissions from capped sources are reduced to 97% of 2005 levels by 2012, 83% by 2020, 58% by 2030, and 17% by 2050; establish a federal GHG registry; designate carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, hydrofluorocarbons (HFCs) from a chemical manufacturing process at an industrial stationary source, perfluorocarbons, and nitrogen trifluoride as GHGs; and plan for future transmission of electricity that facilitates the deployment of zero-carbon energy sources.  The bill would also require the President to establish an interagency working group on carbon market oversight. Sponsor: Rep Henry Waxman  [D-CA] (introduced 6/23/2009).      

H.R.3033: Carbon Neutral Government Act of 2009
This bill would authorize federal agencies and legislative branch offices to purchase tradable greenhouse gas (GHG) offsets and renewable energy credits.  It defines "greenhouse gas offsets" to mean a reduction in GHG emissions that results specifically from the opportunity to sell an offset for the resulting reduction. Sponsor: Rep Peter Welch  [D-VT] (introduced 6/24/2009).

H.R.4173: Dodd-Frank Wall Street Reform and Consumer Protection Act
This bill creates a financial oversight council.  Of particular relevance, sec. 750 establishes an interagency working group to study and report to Congress on the existing and prospective carbon market(s) to ensure an efficient, secure, and transparent carbon market, including oversight of spot markets and derivative markets. Sponsor: Rep Barney Frank [D-MA] (introduced 12/2/2009).  Action: 12/11/2009 Passed in the House by a recorded vote of 223-202; 5/20/2010 Passed in the Senate by a vote of 59-39; 7/21/2010 Signed by the President and became Public Law No: 111-203.

S.1189: Carbon Leakage Mitigation Study Act of 2009
This bill would direct the Secretary of Energy (DOE) to conduct studies of: the risk of carbon leakage and changes in U.S. industrial output and investment resulting from the implementation of a cap-and-trade program; and the impact of potential measures to prevent carbon leakage resulting from a cap-and-trade program. Sponsor: Sen Evan Bayh [D-IN] (introduced 6/4/2009).      

S.1399: Carbon Market Oversight Act of 2009
This bill would amend the Commodity Exchange Act to establish an Office of Carbon Market Oversight in the Commodity Futures Trading Commission (CFTC), headed by a Director for Carbon Market Oversight.  The CFTC would regulate all contracts involving a regulated instrument. “Regulated instrument" is defined in the bill as any regulated allowance (i.e., a greenhouse gas emission allowance or government-issued unit of reduction in the quantity of emissions, or an increase in sequestration, equal to one carbon dioxide equivalent) or regulated allowance derivative (i.e., instruments, contracts, or other obligations linked to the market for regulated allowances). Sponsor: Sen Dianne Feinstein [D-CA] (introduced 7/6/2009).     

S.1621: Thermal Energy Efficiency Act of 2009
This bill would establish a Thermal Energy Efficiency Fund. Of particular relevance, it would require the Administrator of the EPA to transfer 2% of all emission allowances under any federal greenhouse gas regulatory program to the Fund, for any year 2012-2050, and auction all of the emission allowances allocated to the Fund for a calendar year.  Sponsor: Sen Bernard Sanders [D-VT] (introduced 8/6/2009).      

S.1733Clean Energy Jobs and American Power Act
This bill would promote energy independence, it would aim to reduce global warming pollution, and it would help transition to a clean energy economy.  The core of the bill creates a “Pollution Reduction and Investment” program aimed at setting up an economy-wide, market-based program for reducing greenhouse gas emissions (GHGs).  Businesses covered by this program would be required to hold enough GHG emission allowances to match their emissions.  The bill also contains complementary measures including: targeted emission standards; support for research, development and deployment of low carbon energy alternatives; and expanded programs to increase energy and water efficiency.  Finally, the bill includes provisions intended to ease the transition to a clean energy economy by protecting consumers, workers, and energy-intensive industries from the impact of higher energy costs.  Sponsor: Sen John Kerry [D-MA] (introduced 9/30/2009).  

S.2877: Carbon Limits and Energy for America's Renewal (CLEAR) Act
This bill would require the President to reduce greenhouse gas (GHG) emissions relative to 2005 levels:  20% by 2020, 30% by 2025, 42% by 2030, and 83% by 2050. Additionally, it would require the Secretary of the Treasury to establish a program to reduce the emission of GHGs by placing a limitation on the quantity of fossil carbon (carbon) permitted to be sold.  It would also require the President to establish a maximum amount of carbon and carbon shares, permitted to be introduced into the market for 2012.  In addition, the Secretary would promulgate regulations for the establishment, operation, and oversight of a carbon share derivatives market; provide carbon shares in an amount that exceeds the aggregate for carbon that is sequestered, injected, or embedded; and reduce the total amount of carbon shares for carbon emission reductions attributable solely to voluntary carbon reduction purchases.  This bill would also establish the Carbon Refund Trust Fund to be funded from auction proceeds and to distribute tax-free energy security dividends to U.S. residents. Sponsor: Sen Maria Cantwell [D-WA] (introduced 12/11/2009).

S.3655: A bill to establish a point of order against certain climate change legislation.
This bill would make a declaration.  Specifically, the Senate would not consider any conference report or other legislation that originates in the House of Representatives, or any Senate bill or that addresses climate change through the inclusion of a cap-and-trade program.  This declaration would only apply if the Senate has not considered and approved a bill addressing climate change that included such a program.  Sponsor:  Sen Mike Johanns [R-NE] (introduced 7/27/2010).      

S.RES.461: A resolution expressing the sense of the Senate that Congress should reject any proposal for the creation of a system of global taxation and regulation.
This bill would suggest to Congress that they should reject any proposal for the creation of a global cap-and-trade system or other climate regulations that would punish businesses in the United States and limit the competitiveness of the United States.  Sponsor:  Sen David Vitter [R-LA] (introduced 3/18/2010).     

S.AMDT.735: An amendment to S.CON.RES.13, it prohibits the use of reconciliation in the Senate for climate change legislation involving a cap and trade system.  Sponsor: Sen Mike Johanns [R-NE] (submitted 3/30/2009) (proposed 3/30/2009).  Action:  4/1/2009 Agreed to in the Senate by a vote of 67-31. 

TRANSPORTATION

H.R.260: 21st Century Energy Independence Act of 2009

This bill would instruct the Secretary of Energy to seek to ensure the reduction of carbon dioxide emissions from the production and use of renewable fuels.  It would also permit loan guarantees for existing ethanol plants that have the potential to reduce carbon dioxide emissions related to ethanol production by a certain, specified amount. Sponsor: Rep Sheila Jackson-Lee [D-TX] (introduced 1/7/2009). 

H.R.609: Right to Clean Vehicles Act
This bill would amend the Clean Air Act to approve the application of the state of California for a waiver of federal preemption of its motor vehicle emission standards. Sponsor: Rep Brad Sherman [D-CA] (introduced 1/16/2009).   

H.R.629:  Energy and Commerce Recovery and Reinvestment Act
This bill would add energy and economic provisions to the Recovery and Reinvestment Act.  It would require the National Telecommunications and Information Administration (NTIA) to develop and maintain a map showing where broadband service is deployed and available in each state and to make this map publicly available.  Of particular relevance, it would make the following projects eligible for federal support: (1) renewable energy systems; (2) electric power transmission systems; and (3) leading edge biofuel projects that are likely to become commercial and will produce transportation fuels that substantially reduce life-cycle greenhouse gas emissions compared to other transportation fuels. Sponsor: Rep Henry Waxman [D-CA] (introduced 1/22/2009).       

H.R.803:  Green Transit Act
This bill would improve the transportation system.  Specifically, it would require public transportation and highways to be developed only after metropolitan planning organizations have taken into account GHG emissions as defined by the Clean Air Act.  It also provides for reductions in GHG emissions.  Sponsor: Rep Lloyd Doggett [D-TX] (introduced 2/3/2009).      

H.R.915:  FAA Reauthorization Act of 2009
This bill would amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2010 through 2012, to improve aviation safety and capacity, and to provide stable funding for the national aviation system.  Of particular relevance, s. 514 expresses the sense of Congress that the EU should work with other contracting states of the International Civil Aviation Organization (ICAO) to develop a consensual approach to addressing aircraft greenhouse gas emissions through the ICAO. Sponsor: Rep James Oberstar [D-MN] (introduced 2/9/2009).     

H.R.1105:  Omnibus Appropriations Act, 2009
This bill makes appropriations for the fiscal year ending September 30, 2009. It combines bills funding the operations of each of the Cabinet departments, except Defense, Homeland Security, and Veteran Affairs into a single appropriation bill.  Of particular relevance, s. 424 requires the Administrator of the EPA, no later than June 30, 2009, to reconsider the decision to deny California's request to regulate greenhouse gas emissions from new motor vehicles.  It also authorizes funding for tropical forestry and biodiversity conservation activities and energy programs aimed at reducing greenhouse gas emissions.  Sponsor:  Rep David Obey [D-WI] (introduced 2/23/2009).  Actions: 2/23/2009 Passed in the House by a vote of 245-178; 3/10/2009; Passed in the Senate by voice vote; 3/11/2009 Signed by President and became Public Law No: 111-8.

H.R.1329Clean, Low-Emission, Affordable, New Transportation Efficiency Act
This bill would amend title 49, United States Code, to support efforts by States and eligible local and regional entities to develop and implement plans to reduce greenhouse gas emissions from the transportation sector.  It would establish the Low Greenhouse Gas Transportation Fund, which would require states and eligible regional or local entities representing populations of more than 200,000 people to: (1) establish goals for reducing greenhouse gas emissions from the transportation sector for the next 10 years; and (2) develop transportation greenhouse gas emission reduction plans, including supporting lists of prioritized transit projects, that are integrated into state and eligible regional or local entity long-range transportation and transportation improvement plans.  Sponsor: Rep Earl Blumenauer  [D-OR] (introduced 3/5/2009).      

H.R.1742: To establish a program to deploy and integrate plug-in electric drive vehicles in multiple regions.
This bill would require the Secretary of Energy to establish a program that would integrate plug-in electric drive vehicles in multiple regions. Goals of the program would include: demonstrating the practicality of a vehicle-based transportation system that is not overly dependent on petroleum as a fuel and contributes to lower carbon emissions than a system based on conventional vehicles.  Sponsor: Rep Anna Eshoo [D-CA] (introduced 3/26/2009).      

H.R.1780:  Smart Planning for Smart Growth Act of 2009
This bill would amend the Clean Air Act to achieve greenhouse gas emissions reductions through transportation efficiency.  It would require states and organizations to establish goals on a statewide basis and to consider specified transportation and land use planning strategies, including increasing public transportation systems and supporting land use regulation that coordinates transportation and land use planning and uses existing infrastructure.  In addition, it would authorize the Administrator of the EPA to award competitive grants to metropolitan planning organizations to develop or implement emission reduction plans.  Sponsor: Rep Doris O. Matsui [D-CA] (introduced 3/30/2009).      

H.R.1787:  Low Carbon Fuel Standard Act of 2009
This bill would amend the Clean Air Act by requiring the Administrator of the EPA to issue regulations that: determine the lifecycle greenhouse gas emissions of all transportation fuels; determine a fuel emission baseline amount to ensure that, for 2014-2022, annual average lifecycle greenhouse gas emissions do not exceed the fuel emission baseline amount; and to ensure that as of 2023, transportation fuel providers will have reduced their annual average lifecycle greenhouse gas emissions for transportation fuel sold in the United States.  Sponsor: Rep Jay Inslee [D-WA] (introduced 3/30/2009).      

H.R.2164Federal Streetcar Revitalization Act of 2009
This bill would increase federal funding to a small start program for new fixed guideway capital projects.  Specifically, it would revise selection criteria for such projects to require that a project be justified based on a review of its effect on local economic development and land use (as under current law), as well as travel patterns and greenhouse gas reduction potential.  Additionally, it would require the Secretary of Transportation, in making a project justification, to determine the reduction in per capita auto travel demand and in greenhouse gas emissions that would result from the completed project.  Sponsor: Rep Earl Blumenauer [D-OR] (introduced 4/29/2009).     

H.R.2283: To amend the Clean Air Act to permit the Administrator of the Environmental Protection Agency to waive the lifecycle greenhouse gas emission reduction requirements for renewable fuel production, and for other purposes.
This bill would revise the definition of "lifecycle greenhouse gas emissions" in the Clean Air Act to: (1) exclude significant indirect emissions; (2) provide that emissions are to be determined by the EPA Administrator based on the most recent data and on consideration of regional differences of renewable fuel production; and (3) require the Administrator to make the model used in measuring emissions publicly available before publishing any action on emissions.  Additionally, the bill would authorize a renewable fuel manufacturer to petition the Administrator to waive, and the Administrator to waive, the lifecycle greenhouse gas emission reduction requirements for renewable fuel production if the requirements: (1) are the primary or contributing factor of a failure to achieve the applicable renewable fuels standard for biomass-based diesel, conventional biofuel, cellulosic biofuel, or advanced biofuel; (2) are causing economic harm within the biofuels industry; or (3) are increasing U.S. dependence on foreign oil.  It would also authorize a renewable fuel manufacturer to petition the Administrator to certify an innovative production method that may result in lower lifecycle greenhouse gas emissions than the lifecycle greenhouse gas emissions of a renewable fuel.  Furthermore, it would prohibit waivers from being granted in the case of a state low-carbon fuel standard or similar policy that requires a reduction in lifecycle greenhouse gas emissions for renewable fuels, unless the state standard or policy applies a lifecycle greenhouse gas emission baseline identical to the lifecycle greenhouse gas emissions as determined by EPA and used for the federal renewable fuels standard.  Sponsor: Rep Jerry Moran [R-KS] (introduced 5/6/2009).       

H.R.2395: State and Local Fleet Efficiency Act
This bill would allow the government to establish purchase requirements for fleets, if the requirements further climate change policy.  The bill would promote high efficiency motor vehicle fleets.  Sponsor:  Rep Eliot Engel  [D-NY] (introduced 5/13/2009).     

H.R.2409Renewable Fuel Standard Improvement Act

This bill would amend the Clean Air Act to: revise the definition of "lifecycle greenhouse gas emissions" to base the measurement of such emissions on recent observable data and consideration of regional differences of renewable fuel production, rather than on indirect land use changes. Sponsor: Rep Collin Peterson  [D-MN] (introduced 5/14/2009).

H.R.2569: To reauthorize surface transportation research, development, and technology transfer activities, and for other purposes.
This bill would move the Office of Climate Change and Environment into Research and Innovative Technology Administration (RITA) and requires it to coordinate research, development, and technology transfer activities.  These activities would focus on two things: transportation-related emissions and energy reduction strategies, and the impacts of climate change on surface transportation infrastructure.  Sponsor:  Rep David Wu [D-OR] (introduced 5/21/2009).      

H.R.2724: National Transportation Objectives Act of 2009
This bill would establish national transportation performance targets, which would include reducing transportation-generated carbon dioxide levels by 40%. Sponsor: Rep Rush Holt  [D-NJ] (introduced 6/4/2009).      

H.R.3446: Clean Low-Emission Authorization Nationwide (CLEAN) Ports Act of 2009
This bill would direct the Secretary of Transportation to award competitive grants to seaport governing bodies for the acquisition of fuel efficient and low-emission equipment and systems at port facilities.  Specifically, it would set aside up to 10% of federal funding to carry out this Act for research and development of fuel efficient port vehicle or vessel technologies that reduce carbon dioxide emissions, among other things. Sponsor: Rep Laura Richardson  [D-CA] (introduced 7/31/2009).      

H.R.4287Enhancing Livability for All Americans Act of 2009
This bill would establish an Office of Livability within the Office of the Secretary of Transportation.  It would require the Office Director to establish a program that would award competitive grants to eligible entities, to assist capital investments in surface transportation projects with a significant impact on enhancing the livability in a region.  It would require priority be given to projects that reduce greenhouse gasses.  Sponsor: Rep Steve Cohen [D-TN] (introduced 12/11/2009).    

H.R.6343: Clean, Renewable Jet Fuel Act
This bill would direct the Secretary of Agriculture (USDA) to enter into a standby loan agreement with the owners or operators of not more than 10 qualifying jet fuel projects.  It defines "qualifying jet fuel project" as a project located in the United States that produces at least 25 million gallons per year of liquid aviation turbine fuel or blending component that, amongst other things, has at least 50% less lifecycle greenhouse gas emissions than petroleum.  Sponsor: Rep Jay Inslee  [D-WA] (introduced 9/29/2010).      

H.R.6483: TIFIA Expansion Act of 2010
This bill would revise the Transportation Infrastructure Finance and Innovation Act (TIFIA) program eligibility requirements.  Specifically, it would make any transportation projects that design, construct or rehabilitate to reduce greenhouse gas emissions eligible for TIFIA funding.  Sponsor:  Rep Laura Richardson [D-CA] (introduced 12/2/2010).      

H.R.6564: Oil Independence for a Stronger America Act of 2010
This bill would direct the Secretary of Transportation (DOT) and the Administrator of the EPA to promulgate joint regulations establishing fuel efficiency standards and greenhouse gas emissions limitations to maximize reductions in oil consumption and greenhouse gas emissions. Specifically, it would amend the Clean Air Act, directing the EPA Administrator to produce regulations that establish: (1) national transportation-related goals for reducing oil consumption and greenhouse gas emissions; and (2) standardized models and related methods for states, metropolitan planning organizations (MPOs), and air quality agencies to address oil savings and emission reduction goals.  Sponsor: Rep Jay Inslee  [D-WA] (introduced 12/21/2010).

H.CON.RES.106: Expressing the sense of Congress in support of a single national fuel economy standard.
This resolution expresses the sense of Congress that a single national fuel economy standard is necessary to achieve the national policy goals of reducing fuel consumption and greenhouse gas emissions without further exacerbating unemployment.  Sponsor: Rep Bobby Bright [D-AL] (introduced 4/23/2009).      

S.575: Clean, Low-Emission, Affordable, New Transportation Efficiency Act
This bill would establish the Low Greenhouse Gas Transportation Fund.  It would require the Administrator of the EPA, for each year from 2012-2050, to auction 10% of emission allowances established under any EPA program providing for the reduction of greenhouse gas emissions and the auctioning of emission allowances. It would also require that auction proceeds be deposited into the Fund to implement state and metropolitan planning organization (MPO) greenhouse gas emission reduction plans, and provide funding to transit projects that help reduce such emissions.  Furthermore, it would require states and MPOs representing populations of more than 200,000 people to: (1) establish goals for reducing greenhouse gas emissions from the transportation sector for the next 10 years; and (2) develop transportation greenhouse gas emission reduction plans. Sponsor: Sen Thomas Carper  [D-DE] (introduced 3/11/2009).      

S.943: A bill to amend the Clean Air Act to permit the Administrator of the Environmental Protection Agency to waive the lifecycle greenhouse gas emission reduction requirements for renewable fuel production, and for other purposes.
This bill would amend the definition of "lifecycle greenhouse gas emissions" in the Clean Air Act to: (1) exclude significant indirect emissions; (2) provide that emissions are to be determined by the EPA Administrator based on the most recent data and on consideration of regional differences of renewable fuel production; and (3) require the Administrator to publish the model used in measuring emissions before taking any administrative action on such emissions.  It would also authorize the Administrator to certify innovative production methods that may result in lower lifecycle greenhouse gas emissions.  Additionally, it would require states that implement a low-carbon fuel standard or similar policy to apply a similar lifecycle greenhouse gas emission baseline to the baseline used for the federal renewable fuel standard. Sponsor: Sen John Thune [R-SD] (introduced 4/30/2009).      

S.1036: Federal Surface Transportation Policy and Planning Act of 2009
This bill would declare that it is U.S. policy to develop a national surface transportation system that advances the national interest and defense, interstate and foreign commerce, the efficient and safe interstate mobility of people and goods, and the protection of the environment. Specifically, it sets forth certain U.S. policy objectives and goals, including to: reduce national surface transportation-generated carbon dioxide levels by 40% by 2030.  Sponsor:  Sen John Rockefeller, IV [D-WV] (introduced 5/14/2009).      

S.1093: Oil Independence, Limiting Subsidies, and Accelerating Vehicle Efficiency Act
This bill would amend the Energy Policy Act of 2005 to require the Administrator of the EPA to develop a program to increase depolyment of low-greenhouse gas and fuel-saving technologies.  This bill would also direct the Secretary of Commerce to collect data on characteristics of the U.S. truck fleet, with emphasis on data relating to fuel efficiency and greenhouse gas performance. Sponsor: Sen Ron Wyden  [D-OR] (introduced 5/20/2009).      

S.1095: America's Low-Carbon Fuel Standard Act of 2009
This bill would amend the Clean Air Act by replacing the renewable fuel program with a low-carbon transportation fuel program beginning on January 1, 2015. The bill defines "low-carbon fuel" as transportation fuel that achieves a specified percentage of lifecycle greenhouse gas emissions, below a baseline established for transportation fuel sold or distributed in 2005.  The bill would also require reductions in greenhouse gas emissions from transportation fuels between 2015 and 2030.  In addition, the bill would require that 10% of transportation fuel sold or introduced into the U.S. market in 2015 be low-carbon fuel.  The bill stipulates that EIA would assist the EPA Administrator in determining low-carbon fuel requirements, and the FTC would perform market analysis of low-carbon fuel production to determine whether there is sufficient competition to avoid anti-competitive conduct. Sponsor: Sponsor: Sen Ron Wyden  [D-OR] (introduced 5/20/2009).      

S.3189: A bill to amend title 49, United States Code, to allow for additional transportation assistance grants.
This bill would include public transit projects in urbanized areas with specified population ranges in the “urbanized area formula grants”, if the state or regional authority that provides public transportation for the area operates less than 100 buses in fixed-route service in the area during peak service hours.  Of particular relevance, it authorizes the Secretary of Transportation, during FY2010-FY2015, to award an additional grant to a designated recipient for the operating cost of public transportation equipment and facilities under this Act if the recipient: (1) was awarded a grant under the Transit Investments for Greenhouse Gas and Energy Reduction (TIGGER) program; and (2) demonstrates that it has achieved specified energy savings and total greenhouse gas emission reduction as a result of a TIGGER grant project. Sponsor: Sen Sherrod Brown [D-OH] (introduced 3/26/2010).      

S.3433: Clean Coasts and Efficient Cars Act of 2010
Of particular relevance, this bill would aim to increase fuel economy standards.  It would direct the Administrator of the EPA, in collaboration with the Administrator of the National Highway Transportation Safety Administration (NHTSA), to ensure continued progress in significantly improving motor vehicle fuel efficiency and reducing greenhouse gas emissions by setting motor vehicle emission and fuel economy standards for model year 2017 and subsequent model years that reflect the greatest emission reductions and fuel efficiency improvement achievable. Sponsor: Sen Bernard Sanders [D-VT] (introduced 5/27/2010).    

S.3464: Practical Energy and Climate Plan Act of 2010
This bill would establish an energy and climate policy framework to try to reach measurable gains in reducing dependence on foreign oil, improving energy security, and cutting greenhouse gas emissions. It would target energy reductions across several sectors, including vehicles, buildings, industry and electric utilities. Highlights of the bill include: starting in 2015, electric utilities would have to obtain 15 percent of their generated energy from “diverse energy” sources, which would include renewable energy technologies, nuclear power and coal with carbon sequestration.  Additionally, the Secretary of Energy, in consultation with the EPA Administrator and the Secretary of Transportation would be required to submit to Congress a list of federal programs for which a study would be conducted every two years that monitors the progress of and makes recommendations for the Act’s programs in meeting the energy security and GHG reduction goals of this Act.  It would also require the Secretary of the Department of Transportation (DOT) to increase Corporate Average Fuel Efficiency standards for light-duty vehicles 4 percent per year from 2017 to 2030. The bill would also create national building energy performance targets for new residential and commercial construction. Sponsor: Sen Richard Lugar [R-IN] (introduced 6/9/2010).      

S.3601: Oil Independence for a Stronger America Act of 2010
This bill would promote oil independence in the United States.  Of particular relevance, it would direct the Secretary of Transportation (DOT) and the Administrator of the EPA to promulgate joint regulations establishing corporate average fuel economy standards and greenhouse gas emissions limitations for light-, medium-, and heavy-duty vehicles manufactured for each of model years 2017-2030 and for non-road vehicles.  It would also amend the Clean Air Act to direct the EPA Administrator to promulgate regulations to establish: (1) national transportation-related goals for reducing oil consumption and greenhouse gas emissions; and standardized models for states, metropolitan planning organizations (MPOs), and air quality agencies to address oil savings and emission reduction goals.  In addition, it would require metropolitan planning areas and states to develop surface transportation-related oil savings and greenhouse gas emission reduction targets, as well as strategies to meet those targets.  Lastly, it would direct the Secretary of Transportation to distribute funds to states and MPOs for investing in transportation greenhouse gas emission reduction programs. Sponsor: Sen Jeff Merkley [D-OR] (introduced 7/15/2010).      

S.3629: Focusing Resources, Economic Investment, and Guidance to Help Transportation Act of 2010
This bill would direct the Secretary of Transportation to: (1) establish a competitive grant program for capital investment projects that improve the efficiency of the national transportation system to move freight; and (2) give priority to projects with the highest system performance improvement relative to their benefit-cost analysis.  Projects include those that reduce greenhouse gas emissions.  Sponsor:  Sen Frank Lautenberg  [D-NJ] (introduced 7/22/2010).     

S.3815: Promoting Natural Gas and Electric Vehicles Act of 2010
This bill would establish within the Department of Energy (DOE) a Natural Gas Vehicle and Infrastructure Development Program. A goal of this program would be the reduction of greenhouse gas emissions by accelerating the deployment of plug-in electric drive vehicles in the United States.  Sponsor:  Sen Harry Reid  [D-NV] (introduced 9/21/2010).    

CARBON CAPTURE AND STORAGE

H.R.513: New Manhattan Project for Energy Independence

This bill would require the President to convene a summit to review the progress and promise of, among other things, developing and implementing a carbon capture and storage system for a large-scale coal-burning power plant that does not increase operating costs more than 15%.  Sponsor: Rep Randy Forbes [VA] (introduced 1/14/2009).

H.R.1689: Carbon Capture and Storage Early Deployment Act
This bill would authorize a referendum among the owners or operators of distribution utilities delivering fossil fuel-based electricity for the creation of a Carbon Storage Research Corporation.  The Corporation would establish a program to accelerate the commercial availability of carbon dioxide capture and storage technologies and methods through the provision of grants, contracts, and financial assistance. To achieve this, the bill would require the Corporation, annually, to collect an assessment on distribution utilities to reflect the relative carbon dioxide emission rates of different fossil fuel-based electricity. Sets initial rates of assessment for coal, natural gas, and oil. Sponsor: Rep Rick Boucher [D-VA] (introduced 3/24/2009).

H.R.2539: No More Excuses Energy Act of 2009
This bill would promote domestic energy production.  Of relevance, it would amend the Internal Revenue Code to, among other things; repeal the minimum gas capture requirement for purposes of the carbon dioxide sequestration tax credit to allow smaller facilities to participate.  It would also prevent the EPA from regulating GHGs under the Clean Air Act.  Sponsor: Rep Mac Thornberry [R-TX] (introduced 5/21/2009).   

H.R.2880Buy American Carbon Incentives Program Act of 2009
This bill would direct the Secretary of Agriculture to: establish a carbon incentives program to achieve supplemental greenhouse gas emissions reductions on private agricultural and forestland; provide financial incentive payments for activities that increase carbon sequestration and storage over a designated contract period, and maintain carbon sequestration and storage and avoid future emissions through permanent avoided conversion agreements; and (3) establish monitoring and compliance protocols.  It would also require participants to enter into a climate mitigation contract with the Secretary.  Furthermore, it would obligate specified funds for further incentives for activities and agreements that protect carbon reductions and otherwise enhance environmental benefits achieved under a climate mitigation contract. Sponsor: Rep Chellie Pingree [D-ME] (introduced 6/15/2009).      

H.R.4736: Energy Education Loan Forgiveness Act of 2010
This bill would amend the Higher Education Act of 1965 to authorize the Secretary of Education to provide student loan forgiveness to individuals who have been employed for at least one year after the Act's enactment as full-time skilled energy workers in advanced energy industries. Included in the Act’s definition of advanced energy industries is carbon sequestration and storage.  Sponsor:  Rep Charles Wilson  [D-OH] (introduced 3/3/2010).      

H.R.6077: To amend the Energy Policy Act of 2005 to clarify policies regarding ownership of pore space.
This bill would amend the Energy Policy Act of 2005 to define "pore space" as a subsurface space of any size that can be used as storage space for carbon dioxide or other substances injected into the space for storage.  Sponsor: Rep Ed Whitfield [R-KY] (introduced 7/30/2010).    

S.1013: Department of Energy Carbon Capture and Sequestration Program Amendments Act of 2009
This bill would amend the Energy Policy Act of 2005 to direct the Secretary of Energy to carry out a program for the commercial application of the capture, injection, monitoring, and long-term geological storage of carbon dioxide from industrial sources. It would also direct the Secretary of Energy to provide grants for training of state employees involved in the permitting and management of carbon capture, transportation, and storage projects.  Sponsor:  Sen Jeff Bingaman [D-NM] (introduced 5/7/2009). 

S.1134: Responsible Use of Coal Act of 2009
This bill would require the Director of the National Energy Technology Laboratory to carry out a research, development, and demonstration program to advance carbon capture and storage and coal power generation technologies. It would also require including a large-scale commercial demonstration program to evaluate the most promising carbon capture and storage technologies. Sponsor:  Sen Robert Casey, Jr. [D-PA] (introduced 5/21/2009).     

S.1502: Carbon Storage Stewardship Trust Fund Act of 2009
This bill would make the Secretary of Energy responsible for the long-term management of a carbon dioxide storage facility.  It would also establish the Carbon Storage Stewardship and Trust Fund Program in the Department of Energy (DOE). In addition, it would direct the Secretary to require operators of carbon dioxide storage facilities to pay a risk-based fee for each ton of carbon dioxide injected by the facility into geological storage units. This bill would also establish in the Treasury a Carbon Storage Trust Fund, to be used to pay long-term management costs, and adjudicative costs. Sponsor: Sen Robert Casey, Jr. [D-PA] (introduced 7/22/2009).    

S.1576Forest Carbon Incentives Program Act of 2009
This bill would require the Secretary of Agriculture to establish a carbon incentives program to achieve additional greenhouse gas emission reductions on private forest land of the United States. Sponsor: Sen Jeanne Shaheen  [D-NH] (introduced 8/4/2009).      

S.1856: A bill to amend the Energy Policy Act of 2005 to clarify policies regarding ownership of pore space.
This bill would amend the Energy Policy Act of 2005 to define "pore space" as a subsurface space of any size that can be used as storage space for carbon dioxide or other substances injected into the space for storage. Sponsor: Sen John Barrasso  [R-WY] (introduced 10/22/2009).      

S.2729: Clean Energy Partnerships Act of 2009
This bill would reduce greenhouse gas emissions from domestic sources.   Specifically, section 102 of the bill directs the Secretary of Agriculture and EPA Administrator to jointly establish the “Greenhouse Gas Emission Reduction and Sequestration Advisory Committee” to provide advice on the establishment and implementation of an offset program. The duties of the Advisory Committee include submitting reports on offset project types and on emission reduction integrity. The section also directs the Advisory Committee, not later than 180 days before the date of promulgation of any regulations relating to offsets, to submit a report containing recommendations on how to ensure the emission integrity of the offsets. This bill would also require the EPA Administrator to establish a registry to keep track of credits issued under the carbon offset program.  It would require each appropriate official to: (1) establish and maintain a list of the types of projects eligible to receive credit through the offset program; and (2) prescribe regulations to ensure the emission reduction integrity of the offset projects.  Additionally, it would authorize the Administrator to issue offset credits for emissions reduced by specified international projects that reduce deforestation.  The bill would also establish: (1) the Carbon Conservation Fund for a carbon conservation program; and (2) the Rural Clean Energy Resources Fund to provide assistance for the development of biofuel and bioenergy.  This would include supporting the Rural Energy for America Program and implementing a research and demonstration program that includes approaches to sequestering carbon through agricultural, grazing, and forestry practices and reducing methane and nitrous oxide emissions associated with agricultural production. Sponsor: Sen Debbie Stabenow [D-MI] (introduced 11/4/2009).      

S.2744: Carbon Dioxide Capture Technology Act of 2009
This bill would amend the Energy Policy Act of 2005 to direct the Secretary of Energy to establish and provide financial awards for the development and implementation of technology to capture carbon dioxide from dilute sources.  The bill would also direct the Secretary to establish the Carbon Dioxide Capture Technology Advisory Board to advise the Secretary in carrying out duties under this Act.  Sponsor: Sen John Barrasso  [R-WY] (introduced 11/5/2009).      

S.2889: Surface Transportation Board Reauthorization Act of 2009
This bill would require the Comptroller General to study the federal and state regulatory framework to support the development of carbon dioxide pipelines.  Sponsor:  Sen John Rockefeller, IV [D-WV] (introduced 12/16/2009).      

S.3589: Carbon Capture and Sequestration Deployment Act of 2010
This bill would require the Secretary of Energy (DOE) to establish a cooperative industry-government research and development program to demonstrate innovative technologies to capture or prevent carbon dioxide emissions from fuels, to enable the beneficial use of carbon dioxide; or enable the long-term storage of carbon dioxide.  The bill would also require DOE to conduct an annual assessment of existing federal programs supporting technology preventing the emission of, capturing, transporting, permanently storing, or sequestering, or putting to beneficial use carbon dioxide. In addition, the bill would direct the Secretary to establish a program to fund and support carbon capture and sequestration technologies.  It also sets carbon dioxide emission reduction targets for electric utility generating units.  Sponsor:  Sen John Rockefeller, IV [D-WV] (introduced 7/14/2010).      

S.3590: Carbon Capture and Sequestration Deployment Revenue Act of 2010
This bill would amend the Internal Revenue Code to: (1) expand the tax credit for carbon dioxide sequestration, (2) allow a 30% increase in the qualifying advanced coal project tax credit for the cost of carbon capture and sequestration systems; (3) allow an increase in the carbon dioxide sequestration tax credit for the use of new or retrofit electric utility or industrial units to provide for carbon capture and sequestration in secure geologic storage; and (4) allow issuers of qualified carbon sequestration bonds income and excise tax credits for payments of interest with respect to such bonds.  In addition, the bill would amend the Energy Policy Act of 2005 to provide additional funding for constructing or retrofitting new or existing commercial scale electric generation units or industrial facility units for carbon capture and sequestration, and constructing carbon dioxide transmission pipelines.  Sponsor:  Sen John Rockefeller, IV [D-WV] (introduced 7/14/2010).      

S.3591: Carbon Capture and Sequestration Deployment Act of 2010

This bill would require the Secretary of Energy (DOE) to establish a cooperative industry-government research and development program to demonstrate innovative technologies to capture or prevent carbon dioxide emissions from fuels, to enable the beneficial use of carbon dioxide; or enable the long-term storage of carbon dioxide.  It would also require DOE to conduct an annual assessment of existing federal programs supporting this technology.  Furthermore, it would amend the Energy Policy Act of 2005 to authorize $20 billion for loan guarantees for: (1) the construction of new commercial scale electric generation units utilizing carbon capture and sequestration technology; (2) the retrofit of eligible units providing for carbon capture and sequestration; and (3) the construction of pipelines to transport carbon dioxide to sequestration sites.  The bill would also amend the Internal Revenue Code to expand the tax credit for carbon dioxide sequestration; to allow a 30% increase in the qualifying advanced coal project tax credit to account for the cost of  carbon capture and sequestration systems; (3) allow an increase in the carbon dioxide sequestration tax credit for the use of new or retrofit electric utility or industrial units utilizing carbon capture and sequestration; and (4) allow issuers of qualified carbon sequestration bonds income and excise tax credits.  Furthermore, the bill directs the Secretary to establish a program for the certification of new or retrofit electric or industrial units utilizing carbon capture and sequestration technology eligible to apply for the carbon dioxide sequestration credit. In addition, the bill would direct the Secretary to establish a program to fund and support carbon capture and sequestration technologies.  Sponsor:  Sen John Rockefeller, IV [D-WV] (introduced 7/14/2010).      

S.3824: Strengthening Pipeline Safety and Enforcement Act of 2010
This bill would direct the Secretary of Energy to prescribe minimum safety standards for the pipeline transportation of carbon dioxide in gaseous form. Sponsor: Sen Dianne Feinstein [D-CA] (introduced 9/22/2010).      

S.3856: Pipeline Transportation Safety Improvement Act of 2010
This bill would direct the Secretary to prescribe minimum safety standards for the pipeline transportation of carbon dioxide in gaseous form.   Sponsor:  Sen Frank Lautenberg  [D-NJ] (introduced 9/28/2010).      

S.AMDT.755: An amendment to S.CON.RES.13, it establishes a deficit-neutral reserve fund to provide for accelerated carbon capture and storage and advanced clean coal power generation research, development, demonstration, and deployment.  Sponsor:  Sen Robert Casey, Jr. [D-PA] (submitted 3/31/2009) (proposed 4/2/2009).  Action: 4/2/2009: Agreed to in the Senate by Unanimous Consent. 

BLACK CARBON

H.R.1760: Black Carbon Emissions Reduction Act of 2009
This bill would require the Administrator of the EPA to report to Congress on black carbon.  The report would include: recommendations regarding emissions monitoring techniques and capabilities, areas for additional study of technologies, operations, and strategies with the greatest potential to reduce emissions, and actions the government may take to encourage or require emission reductions. In addition, it would require the Administrator, within a year, to finalize regulations to reduce emissions of black carbon under the Clean Air Act.  Furthermore, it would require the Administrator to report to Congress on the amount, type, and direction of all present U.S. financial, technical and related assistance to foreign countries to reduce, mitigate, and abate black carbon emissions. Sponsor: Rep Jay Inslee [D-WA] (introduced 3/26/2009).    

H.R.2996: Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010
This bill authorizes the EPA Administrator to carry out and submit to Congress the results of a study on domestic and international black carbon emissions, including an inventory of the major sources of black carbon, assessments on its impacts on global and regional climate and potential metrics and approaches for quantifying the climatic effects of black carbon emissions.  This includes comparing those effects to the effects of carbon dioxide and other greenhouse gases, an identification of the cost-effective approaches to reducing such emissions, and an analysis of the climatic effects and other environmental and public health benefits of those approaches.  In addition, Sec. 425 prohibits the use of any funds in this or any other Act to implement any provision in a rule if such provision requires mandatory reporting of greenhouse gas emissions from manure management systems.  Sponsor: Rep Norman Dicks  [D-WA] (introduced 6/23/2009). Action: 6/26/2009 Passed in the House by a vote of 254-173; 9/24/2009 Passed in the Senate by a vote of 77-21; 10/30/2009 Signed by the President and became Public Law No: 111-88.

S.849: A bill to require the Administrator of the Environmental Protection Agency to conduct a study on black carbon emissions.
This bill would require the Administrator of the EPA to conduct a four (4) phase study of black carbon emissions. The First Phase would establish standard definitions of the terms black carbon and organic carbon. The Second Phase would consist of summarizing the available scientific and technical information concerning the major sources of black carbon emissions in the United States and throughout the world, and it would provide an estimate of the quantity of current and projected emissions and the net climate effects of the emissions from those sources.  It would also consist of summarizing the most effective strategies for additional domestic and international reductions in black carbon emissions.  The Third Phase would entail summarizing all actual and potential financial, technical, and related assistance provided by the United States to foreign countries to reduce, mitigate, or otherwise abate black carbon emissions.  It would also address any health, environmental, and economic impacts associated with those emissions and identify opportunities to achieve significant black carbon emission reductions in foreign countries.  The Fourth Phase would establish recommendations for additional research for cost-effective technologies, operations, and strategies with the highest potential to reduce black carbon emissions.  Sponsor:  Sen Thomas Carper [D-DE] (introduced 4/22/2009).   

S.1538: Black Carbon and Other Aerosols Research Act of 2009
This bill would direct the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to develop a research plan for black carbon and other aerosols that contribute to climate change.  The plan would assist in evaluating research gaps, identifying federal research priorities, and it would include a framework for modeling effects on climate.  In addition to the plan, the bill would also establish a Black Carbon and Other Aerosols Advisory Panel to assist in development and implementation of the plan.  It would also direct the Administrator to establish a program to provide grants for critical research and projects that improve the ability to measure, monitor, model, and assess substances and techniques to reduce their impacts on climate.  Sponsor:  Sen John Rockefeller, IV [D-WV] (introduced 7/29/2009).    

S.1562: Arctic Ocean Research and Science Policy Review Act of 2009
This bill would direct the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to develop a research plan for black carbon and other aerosols in support of the United States Global Change Research Program.  The plan should provide for an analysis of gaps in scientific methods and research on such substances and the effect of black carbon on climate and air quality.  It should also provide a framework for the temporal and spatial effects of such substances on climate, the transportation and transformation of such substances, and the influence of black carbon on clouds and cloud particles. It would also require the Administrator to: establish a Black Carbon and Other Aerosols Advisory Panel to assist in development and implementation of the plan, and report to specified congressional committees on the plan. Sponsor: Sen Mark Begich  [D-AK] (introduced 8/3/2009).      

S.AMDT.2456: An amendment to H.R.2996, it would require the Administrator of the EPA to conduct a study on black carbon emissions.  Sponsor:  Sen Thomas Carper  [D-DE] (submitted 9/21/2009) (proposed 9/21/2009).

S.AMDT.2505: An amendment to H.R.2996, it requires the Administrator of the EPA to conduct a study on black carbon emissions.  Sponsor:  Sen Thomas Carper  [D-DE] (submitted 9/22/2009) (proposed 9/24/2009).  Action: 9/24/2009 Agreed to in the Senate by voice vote. 

OTHER CLEAN TECHNOLOGY

H.R.2211National Clean Energy Superhighways Act of 2009
This bill would facilitate the planning, construction, and operation of a secure national clean energy grid.  Of particular relevance, it would prohibit the direct interconnection to the transmission line by any electricity generator that has a greenhouse gas emission rate greater than that of a single-cycle natural gas-fired combustion turbine; this condition would be terminated upon the implementation of a greenhouse gas regulatory program applicable to the electricity sector. Sponsor: Rep Jay Inslee [D-WA] (introduced 4/30/2009).      

H.R.2352: Job Creation Through Entrepreneurship Act of 2009
Of relevance, sec. 1101 of this bill would require small business development centers (SBDCs) to include providing information and technical assistance to a small business owner facing an increase in costs resulting from a program to impose a tax on carbon emissions. Sponsor: Rep Heath Shuler [D-NC] (introduced 5/12/2009).      

H.R.2410: Foreign Relations Authorization Act, Fiscal Years 2010 and 2011
Of particular relevance, Sec. 1118 of this bill would authorize the Secretary of State to establish the Global Clean Energy Exchange Program to promote the development and deployment of clean and efficient energy technologies in order to reduce global greenhouse gas emissions, address energy poverty in developing countries, and extend the reach of related U.S. capacities to such countries.  Sponsor: Rep Howard Berman [D-CA] (introduced 5/14/2009).  Action: 6/10/2009 Passed in the House by a recorded vote of 235-187.

H.R.3032: Climate Change Center and Clearinghouse Act of 2009
This bill would amend the Small Business Act to establish the Office of Environment, Energy, and Climate Change within the Small Business Administration (SBA), and the Climate Change Center and Clearinghouse within that Office.  It would require the Center to provide information to small businesses on assessing and managing the impacts of climate change and on cost savings and revenue gains through carbon credit trading opportunities, federal and state renewable energy and energy efficiency tax relief programs, purchase incentives, and rebate programs.  It would also require the Center to develop a carbon footprint website that contains information on how small business concerns can reduce their carbon footprint, links to other carbon footprint websites, and a calculator for obtaining an estimate of a small business's carbon emissions based on electricity usage, heating fuel usage, and fleet mileage.  Sponsor: Rep Peter Welch  [D-VT] (introduced 6/24/2009).

H.R.3083IMPACT Act of 2009
This bill would amend the National Institute of Standards and Technology Act to: direct the Secretary of Commerce to award grants to states to establish loans for small and medium-sized manufacturers for producing clean energy technology and energy efficient products and for reducing greenhouse gas emissions from manufacturing facilities. Sponsor: Rep John Boccieri  [D-OH] (introduced 6/26/2009).      

H.R.3202Water Protection and Reinvestment Act of 2009
Of relevance, this bill would require the Administrator of the EPA to make grants to support efforts by water systems to increase energy efficiency, reduce greenhouse gas emissions, and mitigate the impacts of climate change.  Sponsor: Rep Earl Blumenauer [D-OR] (introduced 7/14/2009).      

H.R.3288: Consolidated Appropriations Act, 2010
Of relevance, this bill authorizes specified funds to be made available to promote the sustainable use of renewable energy technologies and end-use energy efficiency technologies, carbon sequestration, and carbon accounting. Sponsor: Rep John Olver [D-MA] (introduced 7/22/2009).  Action: 7/23/2009 Passed in the House by a vote of 256-168; 9/17/2009 Passed in the Senate by a vote of 73-25; 1216/2009 Signed by President and became Public Law No: 111-117.

H.R.3748: Water Efficiency via Carbon Harvesting and Restoration (WECHAR) Act of 2009
This bill would require the Director of the United States Geological Survey (USGS) to collect data and quantify, among other things, the estimated carbon content in a given feedstock and estimated potential biochar (charcoal or black carbon derived from organic matter through pyrolysis) and bioenergy (hydrocarbons derived from organic matter through pyrolysis) producible from that feedstock.  Sponsor:  Rep Shelley Berkley  [D-NV] (introduced 10/7/2009).

H.R.3836: To authorize the Secretary of Energy to provide credit support to enhance the availability of private financing for clean energy technology deployment.
This bill would authorize the Secretary of Energy to provide credit support and facilitate private financing transactions so that owners and users of buildings and industrial facilities can increase energy efficiency and generate electricity from renewable energy resources.  It defines "clean energy technology" to include technology that contributes to stabilization of atmospheric greenhouse gas concentration. Sponsor: Rep Steve Israel  [D-NY] (introduced 10/15/2009).      

H.R.4907: Energy Innovation Hubs Authorization Act of 2010
This bill would create energy innovation hubs to encourage the research and development of advanced energy technologies in areas not being served by the private market.  Of particular relevance, this bill would define advanced energy technology to mean, among other things, an innovative technology for carbon capture and sequestration.  Sponsor:  Rep Russ Carnahan[D-MO] (introduced 3/22/2010).   

H.R.5116America COMPETES Reauthorization Act of 2010
This bill requires, among other things, the Director of the National Institute of Standards and Technology (NIST) to establish an initiative to assist small- and medium-sized manufacturers in reducing energy usage, greenhouse gas emissions, and environmental waste to improve profitability. Sponsor: Rep Bart Gordon [D-TN] (introduced 4/22/2010).  Action: 5/28/2010 Passed in House by recorded vote 262-150; 12/17/2010 Passed in the Senate  by Unanimous Consent; 1/4/2011 Signed by President and became Public Law No: 111-358.

H.R.5156Clean Energy Technology Manufacturing and Export Assistance Act of 2010
This bill would require the Secretary of Commerce to establish a Clean Energy Technology Manufacturing and Export Assistance Fund.  The Fund would be used to promote policies that will reduce production costs and encourage innovation, investment, and productivity in the clean energy technology sector, and implement a national clean energy technology export strategy.  It defines "clean energy technology" to mean a technology related to the production, use, transmission, storage, control, or conservation of energy that will contribute to a stabilization of atmospheric greenhouse gas concentrations. Sponsor: Rep Doris Matsui [D-CA] (introduced 4/27/2010).      

S.5Cleaner, Greener, and Smarter Act of 2009

This bill would enact legislation to reduce United States’ dependence on foreign energy sources, unsustainable energy sources, and the risks of global warming.  It would accomplish these goals by: (1) investing in green job creation and clean energy; (2) diversifying and expanding the use of secure, efficient, and environmentally friendly energy supplies and technologies; (3) transforming U.S. infrastructure to make the infrastructure sustainable and the United States more competitive globally, including transmission grid modernization and transportation sector electrification; (4) requiring reductions in emissions of greenhouse gases (GHG) in the United States and achieving reductions in emissions of GHGs abroad; (5) protecting consumers from volatile energy prices through better market oversight and enhanced energy efficiency standards and incentives.  Sponsor: Sen Harry Reid  [D-NV] (introduced 1/6/2009).      


S.661: Restoring America's Manufacturing Leadership through Energy Efficiency Act of 2009
This bill would improve the efficiency of the U.S. manufacturing base.  Of particular relevance, it would amend the Energy Policy Act of 2005 to create state-industry partnerships that would provide funding for the development and commercialization of new technologies for industries; technologies that significantly reduce energy use and greenhouse gas emissions. Sponsor: Sen Jeff Bingaman [D-NM] (introduced 3/19/2009).  

S.774:  National Energy Security Act of 2009
This bill would amend the Energy Policy Act of 2005 to expand the list of innovative technology projects that are eligible for loan guarantees to include low-carbon technology projects. Sponsor: Sen Byron Dorgan  [D-ND] (introduced 4/1/2009).      

S.1096: A bill to require the Secretary of Energy to establish an EnergyGrant Competitive Education Program to competitively award grants to consortia of institutions of higher education in regions to conduct research, extension, and education programs relating to the energy needs of the region.
This bill would direct the Secretary of Energy to award competitive matching grants to institutions of higher education located in at least six regions covering all the states.  The grants would facilitate research and development relating to the energy needs of those particular regions.  The purpose of the grants would also include the promotion of low-carbon clean and green energy, and related jobs; and the development of low-carbon green fuels to reduce dependency on oil. Sponsor: Sen Ron Wyden [D-OR] (introduced 5/20/2009).      

S.1172:  Rubbish to Renewables Act of 2009
This bill would establish a grant program to fund projects that would develop and implement technologies that generate renewable energy from municipal solid waste, generate clean energy jobs, reduce greenhouse gas emissions, and conserve landfill space. Sponsor: Sen Sherrod Brown  [D-OH] (introduced 6/3/2009).      

S.1462: American Clean Energy Leadership Act of 2009
This bill addresses clean energy technology development, enhanced energy efficiency, improved energy security, and energy innovation.  Of particular relevance, it creates a clean energy technology Fund.  Included in the definition of "clean energy technology" is that it contribute to a stabilization of atmospheric greenhouse gas (GHG) concentrations through reduction, avoidance, or sequestration of energy-related emissions. The bill would also encourage states to increase the quantity of electric energy produced from a renewable energy source in the state; this would include advanced coal technologies for carbon capture and sequestration.  In addition, Sec. 151 of the bill would require a comprehensive analysis of energy use within the light-duty vehicle transportation sector that would include an assessment of the extent to which the United States can employ technical options to reduce carbon dioxide emissions at a rate that is consistent with national goals; and use and report to Congress on the analysis to study the technology options for alternative fuels that could reduce petroleum consumption and GHG emissions. Sec. 371 of the bill would require the Secretary of Energy to implement a program to demonstrate the commercial application of capture, injection, monitoring, and long-term geological storage of carbon dioxide from industrial sources. Sec. 372 would allocate funds to train state employees involved in carbon capture projects.  Sponsor: Sen Jeff Bingaman [D-NM] (introduced 7/16/2009).    

S.1574: Clean Energy for Homes and Buildings Act of 2009
This bill would establish a Clean Energy for Homes and Buildings Program in the Department of Energy to provide financial assistance to promote residential-, commercial-, and industrial-scale energy efficiency and on-site renewable technologies.  In particular, it would direct DOE to include in its goals greenhouse gas reductions. Sponsor: Sen Jeff Merkley  [D-OR] (introduced 8/4/2009).      

S.1617IMPACT Act of 2009
This bill would amend the National Institute of Standards and Technology Act to direct the Secretary of Commerce to award grants to states for small and medium-sized manufacturers who produce clean energy technology and energy efficient products and who reduce greenhouse gas emissions from manufacturing facilities.  Sponsor: Sen Sherrod Brown  [D-OH] (introduced 8/6/2009).   

S.1713: Water Efficiency via Carbon Harvesting and Restoration (WECHAR) Act of 2009
This bill would require the Director of the United States Geological Survey (USGS) to conduct resources assessments that collect and synthesize interagency and state data to quantify: estimated carbon content in specified feedstock and estimated potential biochar (charcoal or black carbon derived from organic matter through pyrolysis) and bioenergy (hydrocarbons derived from organic matter through pyrolysis) producible from that feedstock.  Sponsor: Sen Harry Reid  [D-NV] (introduced 9/24/2009).      

S.3343: Beyond Petroleum Act
This bill would establish the Oil Dependence Reduction Fund in the Treasury, to be jointly administered by the Administrator of the EPA, the Secretary of Energy (DOE), and the Secretary of Transportation (DOT).  The Fund would subsidize research, development, deployment, or expansion of renewable technologies or programs that significantly decrease the use of oil and reduce greenhouse gas emissions. Sponsor: Sen Frank Lautenberg [D-NJ] (introduced 5/11/2010).      

S.3379: Pollution and Costs Reduction Act
This bill would amend the Clean Air Act to require the Administrator of the EPA to establish and carry out the Building Pollution Reduction Program.  The Program would provide assistance to building owners in the United States to reduce air pollutant and building operating costs by constructing highly efficient buildings or increasing the efficiency of, and reducing the greenhouse gas emissions associated with, existing buildings.  The bill also defines "advanced green biofuel" to mean an advanced biofuel that the Administrator determines: has life cycle greenhouse gas emissions that are at least 60% less than the baseline life cycle greenhouse gas emissions, is made from advanced renewable biomass, and minimizes bio-refinery water requirements to the maximum extent achievable.  Sponsor: Sen Barbara Boxer [D-CA] (introduced 5/17/2010).      

S.3576: Securing America's Future with Energy and Sustainable Technologies Act (SAFEST)
This bill would create a national energy efficiency resource standard (EERS) for electric and natural gas utilities, as well as a national renewable electricity standard (RES) for electric utilities.   Of particular relevance, it would amend the Clean Air Act by requiring the Administrator of the EPA to promulgate regulations that exempt requirements placed on lifecycle greenhouse gas (GHG) emissions for advanced biofuel and biomass-based diesel. It would also establish guidelines regarding emissions from indirect land use changes, when a renewable fuel's feedstock comes from another country.  This would include requiring the Administrator and the Secretary of Agriculture (USDA) to jointly arrange for the National Academies of Science to review and report on issues relating to indirect GHG emissions relating to transportation fuels.  Sponsor: Sen Amy Klobuchar  [D-MN] (introduced 7/13/2010).      

S.3605: America COMPETES Reauthorization Act of 2010
This bill would provide funding for and encourage research and development for science and technological innovation.  It would establish revise, and extend specified science, technology, education, and mathematics (STEM) programs, as well as engineering, research, and training programs, and establishes a green chemistry basic research program and a green manufacturing and construction initiatives. Of particular relevance, it would establish, within the Hollings Manufacturing Partnership Program, an initiative to assist small- and medium-sized manufacturers in reducing energy usage and greenhouse gas emissions. Sponsor: Sen John D.Rockefeller, IV [D-WV] (introduced 7/15/2010).    

S.3787: Upstate Works Act
This bill would amend the National Institute of Standards and Technology Act to: direct the Secretary of Commerce to establish a loan program for small and medium-sized manufacturers.  The loans would help to finance the cost of reequipping, expanding, or establishing manufacturing facilities in the United States to produce clean energy technology and energy efficient products or reducing the energy intensity or greenhouse gas production of a manufacturing facility. Sponsor:  Sen Kirsten Gillibrand [D-NY] (introduced 9/15/2010).      

S.3936: SELF Act
Of particular relevance, this bill would establish a program in the Department of Energy (DOE) to provide grants to eligible entities, on a competitive basis, to develop and carry out clean energy and carbon reduction measures, such as renewable electricity standards, regional or statewide climate action plans, and participation in a regional greenhouse gas reduction program. Sponsor: Sen Michael Bennet [D-CO] (introduced 9/29/2010).      

PROHIBITING REGULATIONS OR CONSIDERATION OF GHG EMISSIONS

H.R.391: To amend the Clean Air Act to provide that greenhouse gases are not subject to the Act, and for other purposes.
This bill would amend the Clean Air Act to: (1) exclude carbon dioxide, water vapor, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride from the definition of the term "air pollutant"; and (2) declare that nothing in the Act shall be treated as authorizing or requiring the regulation of climate change or global warming. Sponsor: Rep Marsha Blackburn  [R-TN] (introduced 1/9/2009).      

H.R.1426: To amend the Clean Air Act to prohibit the issuance of permits under title V of that Act for certain emissions from agricultural production.

This bill would amend the Clean Air Act to prohibit permits from being issued for any carbon dioxide, nitrogen oxide, water vapor, or methane emissions resulting from biological processes associated with livestock production.  Sponsor: Rep Frank Lucas [R-OK] (introduced 3/11/2009).

H.R.1431:  No Cost Stimulus Act of 2009
The overall purpose of this bill would be to stimulate the economy and to create jobs.  Related to energy, it would direct the Secretary of the Interior to sell leases in specified areas of the Outer Continental Shelf (OCS) for federal oil and gas production.   Of particular relevance, it would prohibit the consideration of the impact of greenhouse gas on any species of fish or wildlife or plant for any purpose in the implementation of the Endangered Species Act. Sponsor: Rep Rob Bishop [R-UT] (introduced 3/11/2009).      

H.R.2846: American Energy Act
This bill would aim to increase energy independence and job creation by increasing safe American energy production, encouraging the development of alternative and renewable energy, and promoting greater efficiencies and conservation for a cleaner environment.  Of particular relevance, it would amend the Energy Independence and Security Act of 2007 to repeal the requirement that the greenhouse gas emissions of government-procured alternative or synthetic fuels not exceed those from equivalent fuel from conventional petroleum sources.  This bill would also exclude greenhouse gases and climate change from regulation under the Clean Air Act.  Furthermore, it would amend the Endangered Species Act of 1973 to prohibit the consideration of the impact of greenhouse gases upon species of fish, wildlife, or plants. Sponsor: Rep John Boehner [R-OH] (introduced 6/12/2009).      

H.R.3129: To prohibit United States contributions to the Intergovernmental Panel on Climate Change.
This bill would prohibit the President from making contributions on behalf of the United States to the Intergovernmental Panel on Climate Change.  Sponsor:  Rep Blaine Luetkemeyer[R-MO] (introduced 7/8/2009).      

H.R.3505: American Energy Production and Price Reduction Act
This bill would aim to increase domestic energy production, reduce energy costs, provide a long term energy framework to reduce dependence on foreign oil, and reduce the size of the Federal deficit.   Of particular relevance, it would amend the Clean Air Act to exclude carbon dioxide, water vapor, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride from the term "air pollutant." In addition, it would authorize the Secretary of Energy to provide clean coal technology loan guarantees and direct loans for research, development, and deployment of clean coal technology in order to build up to five commercial-scale coal-fired plants with carbon capture and sequestration capabilities.  The bill would also instruct the Secretary of the Interior to undertake a national assessment of carbon dioxide storage capacity. Sponsor: Rep Gary Miller [R-CA] (introduced 7/31/2009).      

H.R.4344: To prohibit the Environmental Protection Agency from obligating any amounts for the regulation of emissions of carbon dioxide.
Refer to title for summary.  Sponsor:  Rep Thaddeus McCotter  [R-MI] (introduced 12/16/2009).      

H.R.4396: Save Our Energy Jobs Act
This bill would express the sense of Congress that: (1) Congress did not intend the Clean Air Act to regulate greenhouse gases (GHGs); (2) the Environmental Protection Agency (EPA) should not have the authority to promulgate rules to regulate GHG emissions without explicit authority from Congress; (3) rules that regulate GHG emissions will have a significant impact on the U.S. economy and should not be left to administrative rulemaking in the absence of congressional action; and (4) comprehensive regulations to address global climate change must only be enacted at the direction of Congress. It would also amend the Clean Air Act, excluding carbon dioxide from the definition of "air pollutant." Sponsor:  Rep Earl Pomeroy [D-ND] (introduced 12/16/2009).      

H.R.4572: To amend the Clean Air Act relating to greenhouse gases, and for other purposes.
This bill would amend the Clean Air Act by excluding the following from the definition of "air pollutant", solely on the basis of its effect on global climate change: carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. Indirect emissions from international land use changes would be excluded from the definition of lifecycle greenhouse gas (GHG) emissions. The bill would also require the Secretary of Agriculture to determine the quantity of GHG emissions related to the full fuel lifecycle, in GHG lifecycle emissions. Sponsor: Rep Ike Skelton  [D-MO] (introduced 2/2/2010).     

H.R.4753: Stationary Source Regulations Delay Act
This bill would prohibit the Administrator of the EPA, during the two-year period beginning after this Act's enactment, from taking any action under the Clean Air Act (CAA) with respect to any stationary source permitting requirement or requirement concerning standards of performance for new stationary sources relating to carbon dioxide or methane, with certain exemptions.  It also requires that the Administrator take no action to make carbon dioxide a pollutant subject to regulation under the CAA for any source other than a new motor vehicle or new motor vehicle engine.  Sponsor: Rep Nick Rahall, II [D-WV] (introduced 3/4/2010).

H.R.4934: Maintaining Agency Direction on Financial Fraud Act
This bill would prohibit the Securities and Exchange Commission from releasing a "Commission Guidance Regarding Disclosure Related to Climate Change."  Sponsor:  Rep Bill Posey [R-FL] (introduced 3/24/2010).      

H.R.5294: LEASE Act of 2010
This bill would prohibit the head of any federal agency from taking any administrative action to regulate greenhouse gas emissions for purposes of addressing climate change unless a federal statute expressly and specifically authorizes such action. Sponsor: Rep Denny Rehberg [R-MT] (introduced 5/13/2010).      

H.R.5342To prohibit the use of the National Environmental Policy Act of 1969 to document, predict, or mitigate the climate effects of specific Federal actions.
This bill states that one may comply with the National Environmental Policy Act of 1969 (NEPA) without considering: (1) the climate change effects or greenhouse gas emissions of a proposed action and alternative actions; or (2) the relationship of climate change effects or greenhouse gas emissions to a proposed action or alternatives, including the relationship to proposal design, environmental impacts, mitigation, and adaptation measures.  The bill would prohibit any action taken pursuant to NEPA, relating to climate change effects or greenhouse gas emissions. It also states that the above restrictions apply only to NEPA and therefore will not apply to any other law that seeks to regulate or consider climate change or greenhouse gas effects.  Sponsor: Rep Rob Bishop  [R-UT] (introduced 5/19/2010).

H.R.6511: Ensuring Affordable Energy Act
This bill would prohibit any and all funding for the Administrator of the EPA from being used to implement or enforce: (1) a cap-and-trade program; or (2) any statutory or regulatory requirement pertaining to emissions of one or more greenhouse gases from stationary sources that is issued or becomes applicable or effective after January 1, 2011.  The bill defines "cap-and-trade program" as any regulatory program established after the date of enactment of this Act that provides for the sale, auction, or other distribution of a limited amount of allowances that permit the emission of one or more greenhouse gases.  It defines "greenhouse gas" to include carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, hydrofluorocarbons, perfluorocarbons, or any other designated anthropogenic gas. Sponsor: Rep Ted Poe  [R-TX] (introduced 12/9/2010). 

S.527:  A bill to amend the Clean Air act to prohibit the issuance of permits under title V of that Act for certain emissions from agricultural production.
This bill would amend the Clean Air Act to prohibit permits from being issued under the Act for carbon dioxide emissions resulting from biological processes associated with livestock production. Sponsor: Sen John Thune  [R-SD] (introduced 3/5/2009).      

S.570: No Cost Stimulus Act of 2009
The purpose of this bill would be to stimulate the economy and create jobs at no cost to taxpayers.  Of particular relevance, it would amend the Clean Air Act, declaring that carbon dioxide, methane from agriculture or livestock, and/or water vapor are not air pollutants. It would also prohibit consideration of the impact of greenhouse gas on any species of fish or wildlife or plant for any purpose in the implementation of the Endangered Species Act. Sponsor: Sen David Vitter [R-LA] (introduced 3/11/2009).     

S.724: A bill to amend the Endangered Species Act of 1973 to temporarily prohibit the Secretary of the Interior from considering global climate change as a natural or manmade factor in determining whether a species is a threatened or endangered species, and for other purposes.
This bill would amend the Endangered Species Act of 1973 to prohibit the Secretary of the Interior from considering global climate change as a natural or manmade factor in the determination as to whether a species is threatened or endangered, until the Administrator of the EPA notifies the Secretary that: (1) each major emitter of greenhouse gas (GHG) (specifically including China, India, and the United States) has ratified an international agreement to reduce the quantity of GHGs emitted; and (2) any such emitter found to not to be in compliance with such agreement, in any year, becomes compliant. Sponsor: Sen John Barrasso [R-WY] (introduced 3/26/2009).      

S.1333: Clean, Affordable, and Reliable Energy Act of 2009
This bill would establish the American Renewable and Alternative Energy Trust Fund to support certain energy grants, incentives, technologies, and activities.  Of particular relevance, it would amend the Clean Air Act, redefining air pollutant to exclude carbon dioxide, methane from agriculture or livestock, or water vapor.  It would also require the development of a methodology to assess nationally, the capacity for carbon dioxide.  It would also amend the Endangered Species Act of 1973 to prohibit the consideration of the impact of a greenhouse gas upon fish, wildlife, or plants. Sponsor: Sen John Barrasso [R-WY] (introduced 6/24/2009).

S.3032: Maintaining Agency Direction on Financial Fraud Act
This bill would prohibit the Securities and Exchange Commission from releasing a "Commission Guidance Regarding Disclosure Related to Climate Change."  Sponsor:  Sen John Barrasso[R-WY] (introduced 2/24/2010).     

S.3072: Stationary Source Regulations Delay Act
This bill would prohibit the Administrator of the EPA from taking any action under the Clean Air Act (CAA) with respect to any stationary source permitting or requirement concerning standards of performance for new stationary sources relating to carbon dioxide, during the two-year period beginning after this Act's enactment, with certain exemptions.  Sponsor:  Sen John Rockefeller, IV [D-WV] (introduced 3/4/2010).      

S.3230: NEPA Certainty Act
This bill would declare that the National Environmental Policy Act of 1969 (NEPA) should not be used to document, predict, or mitigate the climate effects of specific federal actions. The bill expresses that compliance with NEPA does not include consideration of greenhouse gas emissions, or any climate change effects of those emissions, of a proposed action and alternative actions; or the relationship of climate change effects to a proposed action. It limits the above conditions to NEPA compliance, and therefore does not affect any other law. Sponsor: Sen James Inhofe [R-OK] (introduced 4/20/2010).      

 

[The following four amendments to S.Con.Res.13, the Senate Budget Bill for Fiscal Year 2010, were offered to prevent the adoption of a GHG cap-and-trade bill through the process of budget reconciliation.]

S.AMDT.731: An amendment to S.CON.RES.13, it amends the deficit-neutral reserve fund for climate change legislation to require that such legislation does not increase electricity or gasoline prices. Sponsor:  Sen John Thune [R-SD] (submitted 3/30/2009) (proposed 3/30/2009).  Action: 3/31/2009 Agreed to in the Senate by a vote of 89-8. 

S.AMDT.804: An amendment to S.CON.RES.13, it protects middle-income taxpayers from tax increases by providing a point of order against legislation that increase taxes on them, including taxes that arise, directly or indirectly, from Federal revenues derived from climate change or similar legislation.  Sponsor:  Sen John Ensign [R-NV] (submitted 3/31/2009) (proposed 4/1/2009).  Action: 4/1/2009 Agreed to in the Senate by a vote of 98-0. 

S.AMDT.879: An amendment to S.CON.RES.13, it provides voluntary opportunities for agriculture and forestry communities to contribute to reducing the levels of greenhouse gases in the atmosphere. Sponsor:  Sen Debbie Stabenow [D-MI] (submitted 4/1/2009) (proposed 4/2/2009).  Action: 4/2/2009 Agreed to in the Senate by a vote of 73-25.

S.AMDT.926: An amendment to S.CON.RES.13, it protects workers from significant job loss by providing a point of order against climate change or similar legislation that raises Federal revenues to such an extent that it causes significant job loss in manufacturing- or coal-dependent U.S. regions such as the Midwest, Great Plains or South.  Sponsor: Sen Christopher Bond [R-MO] (submitted 4/1/2009) (proposed 4/2/2009).  Action: 4/2/2009 Agreed to in the Senate by a vote of 54-44.

S.AMDT.765: An amendment to S.CON.RES.13, it provides that the authorized climate change legislation decrease greenhouse gas emissions without regulating carbon dioxide, nitrogen oxide, water vapor, or methane emissions from biological processes associated with livestock production. Sponsor: Sen John Barrasso  [R-WY] (submitted 3/31/2009). Action: 4/2/2009 Agreed to in the Senate by Unanimous Consent.

S.AMDT.2549: An amendment to H.R.2996, it ensures that the Assistant to the President for Energy and Climate Change is not directing actions of departments and agencies funded by this Act.  Sponsor:  Sen David Vitter [R-LA] (submitted 9/24/2009) (proposed 9/24/2009).  Action: 9/24/2009 Agreed to in the Senate by Yea-Nay Vote: 57-41.

S.AMDT.2567: An amendment to H.R.3326, it sought to prohibit the use of funds for the Center on Climate Change and National Security, of the Central Intelligence Agency.  Sponsor: Sen John Barrasso [R-WY] (submitted 9/29/2009) (proposed 10/1/2009).  Action: 10/6/2009 Not agreed to in the Senate by Yea-Nay Vote: 38-60.

OIL SAND PROCUREMENT

H.R.1063To repeal a requirement with respect to the procurement and acquisition of alternative fuels.
This bill would repeal certain provisions from the Energy Independence and Security Act of 2007.  Specifically, it would remove the requirement that all federal agencies specify in contract that the lifecycle greenhouse gas emissions associated with the production and combustion of synthetic fuel must be less than or equal to emission levels from the equivalent conventional fuel.  It applies to federal agencies that enter into a contract for procurement of an alternative or synthetic fuel for any mobility-related use, other than for research or testing.  Sponsor: Rep Jeb Hensarling [R-TX] (introduced 2/13/2009).      

H.R.2227: American Conservation and Clean Energy Independence Act
This bill would deem the Draft Proposed Outer Continental Shelf Oil and Gas Leasing Program 2010-2015 issued by the Secretary of the Interior to be approved as a final oil and gas leasing program.  Of particular relevance, it would repeal provisions prohibiting any federal agency from entering into a contract for procurement of an alternative or synthetic fuel for any mobility-related use, other than for research or testing, unless the contract specifies that the lifecycle greenhouse gas emissions associated with the production and combustion of the fuel must be less than or equal to emissions from the equivalent conventional fuel.  It would also require the Secretary of Energy (DOE) to implement a grant and loan program for the construction or modernization of coal fired generation units to enable the use of technology to reduce greenhouse gases.  Sponsor: Rep Tim Murphy [R-PA] (introduced 5/4/2009).   

H.R.5899: Roadmap for America's Energy Future
This bill would expand domestic fossil fuel production, develop more nuclear power, and expand renewable electricity.  Of particular relevance, it would amend the Energy Independence and Security Act of 2007 by repealing the limitation that was set on federal agencies contracting for alternative fuels with respect to associated lifecycle greenhouse gas emissions. Sponsor: Rep Devin Nunes [R-CA] (introduced 7/28/2010).      

H.AMDT.274: An amendment to H.R.2647, this amendment clarifies that section 526 of the Energy Independence and Security Act of 2007 (Public Law 110-140) does not prevent Federal agencies from purchasing fuel that is not predominantly derived from tar-sands or other high-carbon sources.  Sponsor: Rep Gerald Connolly  [D-VA] (offered 6/25/2009).  Action: 6/25/2009 Agreed to in the House by a recorded vote of 416 – 0. 

S.19: Oil Sands Energy Security Act of 2010
This bill would amend the Energy Independence and Security Act of 2007 to repeal the prohibition against any federal agency contract for procurement of an alternative or synthetic fuel, including a fuel produced from nonconventional petroleum sources (such as oil sands), unless the contract specifies that the lifecycle greenhouse gas emissions associated with the production and combustion of the fuel supplied under the contract must, on an ongoing basis, be less than or equal to greenhouse gas emissions from the equivalent conventional fuel produced from conventional petroleum sources. Sponsor: Sen Lindsey Graham  [R-SC] (introduced 9/29/2010).      

S.290: A bill to repeal a requirement with respect to the procurement and acquisition of alternative fuels.
This bill would amend the Energy Independence and Security Act of 2007 to repeal provisions prohibiting any federal agency from entering into a contract for procurement of an alternative or synthetic fuel for any mobility-related use, other than for research or testing, unless the contract specifies that the lifecycle greenhouse gas emissions associated with the production and combustion of the fuel must be less than or equal to such emissions from the equivalent conventional fuel. Sponsor: Sen James Inhofe [R-OK] (introduced 1/21/2009).      

INTERNATIONAL

H.R.2312: United States-China Energy Cooperation Act
This bill would authorize the Department of Energy (DOE) to make grants to encourage cooperation between the United States and China in joint ventures involving: (1) joint energy and climate change policy education programs; and (2) joint research, development, or commercialization of carbon capture and sequestration technology, improved energy efficiency, or renewable energy sources.  Sponsor: Rep Steve Israel  [D-NY] (introduced 5/7/2009).      

H.R.2346Supplemental Appropriations Act, 2009
This bill provides supplemental appropriations.  Of particular relevance, Sec. 1111 amends the International Financial Institutions Act to direct the Secretary of the Treasury to ensure that multilateral development banks: (1) implement greenhouse gas accounting in analyzing project benefits and costs; and (2) expand climate change mitigation activities.  Sponsor: Rep David R. Obey  [D-WI] (introduced 5/12/2009).  Action: 5/12/2009 Introduced in House; 5/14/2009 Passed/agreed to in House by the Yeas and Nays: 368-60; 5/21/2009 Passed/agreed to in Senate with an amendment by Yea-Nay: 86-3; 6/24/2009 Signed by President; 6/24/2009 Became Public Law No: 111-32.

H.AMDT.187: An amendment to H.R.2410, it provides that it is Unites States’ policy , with respect to the UN Framework Convention on Climate Change, to prevent any weakening of, and ensure robust compliance with and enforcement of, existing international legal requirements for the protection of intellectual property rights, related to energy or environmental technologies.  Sponsor:  Rep Rick Larsen [D-WA] (offered 6/10/2009).  Action:  6/10/2009 Agreed to in the House by a recorded vote of 432-0. 

H.RES.945: Expressing the sense of the House of Representatives regarding the conditions for the United States becoming a signatory to or negotiating any international agreement on greenhouse gas emissions under the United Nations Framework Convention on Climate Change.
This resolution expresses the sense that the United States should not be a signatory to any protocol or other agreement regarding the United Nations Framework Convention on Climate which would result in significant harm to the economy of the United States; or compromise American sovereignty. Sponsor: Rep Doug Lamborn  [R-CO] (introduced 12/3/2009).      

H.RES.1526: Expressing support for the Energy and Climate Partnership of the Americas and its goal to encourage collaboration and cooperation among countries to address the energy and climate change challenges facing the Western Hemisphere.
Refer to title for summary. Sponsor: Rep Eliot Engel  [D-NY] (introduced 7/15/2010).     

H.RES.1552: Supporting a legally binding global agreement to reduce greenhouse gas emissions and provide financial assistance to the poorest and most vulnerable nations for adaptation and mitigation measures, and for other purposes.
This bill would express support for: (1) the Copenhagen Accord as a meaningful step toward achieving the goal of a binding global agreement to reduce greenhouse gas (GHG) emissions; and (2) finance for developing countries consistent with the Accord's goals.  It would call for enacting comprehensive energy and climate change legislation, and it would commend the High-Level Advisory Group on Climate Change Financing for its preliminary work in defining how finance for developing countries will be raised and disbursed.  The bill would encourage the international community to create a legally binding agreement to reduce GHG emissions as soon as possible. Sponsor: Rep Eni Faleomavaega [D-AS] (introduced 7/22/2010).      

S.587:  Western Hemisphere Energy Compact

This bill would direct the Secretary of Energy to work with Western Hemisphere governments and other countries to organize regional and hemispheric carbon trading mechanisms, among other things. Sponsor: Sen Richard Lugar [R-IN] (introduced 3/12/2009).    

S.840: International Clean Energy Development Act of 2009
This bill would direct the Secretary of State to establish a Development and Commercialization Committee on Clean and Efficient Energy Technologies within the Asia-Pacific Partnership on Clean Development and Climate Program Office of the Department of State.  Sponsor:  Sen George Voinovich [R-OH] (introduced 4/21/2009).    

S.954: World Bank International Development Association Replenishment Act of 2009
This bill expresses the sense of Congress that implementing greenhouse gas accounting includes: (1) calculating net greenhouse gas flows; (2) establishing uniform publicly available calculation techniques; (3) measuring individual project emissions; (4) considering global social costs when evaluating economic cost benefits; and (5) performing greenhouse gas accounting for each project.  Of particular relevance, Sec. 2 defines "greenhouse gas" as carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, a perfluorocarbon, or a hydrofluorocarbon.  Sec. 3 amends the International Financial Institutions Act to direct the Secretary of the Treasury to seek to ensure that multilateral development banks implement greenhouse gas accounting in analyzing the benefits and costs of individual projects, and expand their climate change mitigation activities. Sponsor: Sen John Kerry  [D-MA] (introduced 5/1/2009).      

S.1191: Roadmap for Addressing Climate Change in China and India Act of 2009
This bill would direct the Secretary of Energy (DOE) to prepare an interagency report on climate change and energy policy in China and India.  When complete, the Secretary would submit it to specified Congressional committees.  Sponsor:  Sen Evan Bayh [D-IN] (introduced 6/4/2009).      

S.1396: A bill to direct the Administrator of the United States Agency for International Development to carry out a pilot program to promote the production and use of fuel-efficient stoves engineered to produce significantly less black carbon than traditional stoves, and for other purposes.
This bill would direct the Administrator of the United States Agency for International Development (USAID) to establish a two-year pilot program to promote the production and use of fuel-efficient stoves that do not produce significant amounts of black carbon and are customized for use throughout the world.  Sponsor:  Sen Susan Collins [R-ME] (introduced 7/6/2009).     

S.1434: Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010
This bill would make funds for energy programs available, to promote the sustainable use of renewable and energy efficient technologies, carbon sequestration, and carbon accounting. Sponsor: Sen Patrick Leahy  [D-VT] (introduced 7/9/2009).   

S.1593: Social Investment and Economic Development for the Americas Act of 2010

This bill would amend the Foreign Assistance Act of 1961 to direct the President to provide assistance to reduce poverty, expand the middle class, and foster increased economic opportunity.  Of particular relevance, it would direct the Secretary of State to: work with interested governments in Central America, South America, the Caribbean, and Mexico (the Region) to study mechanisms to facilitate regional and hemispheric carbon trading.  It would also authorize appropriations for programs in the Americas to reduce global warming, to support activities in the Region involving adaptation to, and reduction in the negative impact of, environmental changes brought about by global warming and activities promoting sustainable forest management and reduction of deforestation.  Sponsor: Sen Robert Menendez [D-NJ] (introduced 8/6/2009). 

S.2835International Climate Change Investment Act of 2009
This bill would aim to reduce global warming pollution through international climate finance and investment. It would require the President to establish the Strategic Interagency Board on International Climate Investment to assess, monitor, evaluate, and report on the progress of governmental contributions to international climate change activities, and objectives of the United Nations Framework Convention on Climate Change and the Bali Action Plan.  It would also require the Administrator of the U.S. Agency for International Development (USAID) to establish a program to provide assistance to reduce greenhouse gas emissions (GHGs) from deforestation in developing countries. Included in program objectives would be the goal of achieving emissions reductions of at least 720 million tons of carbon dioxide equivalent in 2020, a cumulative amount of at least 6 billion tons of carbon dioxide equivalent by December 31, 2025, and additional emissions reductions in subsequent years. The Administrator would be required to establish a publicly accessible registry of the emissions reductions achieved with such assistance.  In addition, the bill would require the Secretary of State to establish the International Clean Energy Deployment Program which would help to implement clean technology activities, including activities that reduce GHG emissions.  Importantly, it would require the Secretary to establish an International Climate Change Adaptation and Global Security Program to provide assistance to the most vulnerable developing countries for adapting and promoting resilience to climate change and its impacts.  The Secretary would also be required to report, twice a year, on climate change and energy policy for the five highest GHG emitting countries that are not members of the Organization for Economic Cooperation and Development. Sponsor: Sen John Kerry  [D-MA] (introduced 12/3/2009).      

S.3676: Department of State, Foreign Operations, and Related Programs Appropriations Act, 2011
This bill would make specified funds available for energy programs that promote the sustainable use of renewable energy technologies and energy efficient end-use technologies, carbon sequestration, and carbon accounting. Sponsor: Sen Leahy Patrick [D-VT] (introduced 7/29/2010).      

S.3699: A bill to prohibit the regulation of carbon dioxide emissions in the United States until China, India, and Russia implement similar reductions.
This bill would prohibit the Administrator of the EPA or the head of any other federal agency from regulating carbon dioxide emissions until the Secretary of Commerce certifies that China, India, and Russia have initiated measures that require carbon dioxide emission reductions that are substantially similar to those proposed for the United States.  Sponsor:  Sen David Vitter[R-LA] (introduced 8/4/2010).      

S.RES.77: A resolution expressing the sense of the Senate that the United States and the People's Republic of China should negotiate a bilateral agreement on clean energy cooperation.
This bill would express the sense of the Senate that: (1) the United States and the People's Republic of China (PRC) should negotiate a bilateral agreement on clean energy cooperation; and (2) such an agreement would signal the world community that the United States is ready to lead an effort to mitigate global climate change. Sponsor: Sen Maria Cantwell  [D-WA] (introduced 3/18/2009).      

OTHER

H.R.14: Federal Ocean Acidification Research And Monitoring Act of 2009 Of relevance, this would define "ocean acidification," for this Act, as the decrease in pH of the Earth's oceans and changes in ocean chemistry caused by chemical inputs from the atmosphere, including carbon dioxide.  Sponsor: Rep Brian Baird [D-WA] (introduced 1/6/2009).     

H.R.3221: Student Aid and Fiscal Responsibility Act of 2009
This bill would provide funding for community colleges.   Of relevance, sec. 331 would prohibit local educational agencies (LEAs) from using grants provided for in the Act, to purchase carbon offsets. Sponsor: Rep George Miller  [D-CA] (introduced 7/15/2009). Action: 9/17/2009 Passed in the House by a recorded vote of 253-171.

H.R.3543To direct the Environmental Protection Agency to establish a product carbon disclosure program to facilitate carbon content labeling, and for other purposes.

This bill would direct the Administrator of the EPA to conduct a study and report to Congress on the feasibility of establishing a national program for measuring, reporting, publicly disclosing, and labeling products or materials sold in the United States for their carbon content.  It would include whether such a program would be effective in achieving greenhouse gas reductions.  It would also require the Administrator to establish a national product carbon disclosure program, to enable and encourage knowledge about carbon content by producers and consumers and to inform efforts to reduce energy consumption nationwide. Sponsor: Rep Tammy Baldwin [D-WI] (introduced 9/9/2009).      

H.RES.268: Recognizing and supporting the goals and ideals of Earth Hour 2009.
This bill would recognize and express support for the goals and ideals of Earth Hour,  an initiative where homes, office towers and landmarks turn off their lights for an hour starting at 8.30 pm local time to raise awareness about climate change and the threat from rising greenhouse gas emissions.  Sponsor: Rep Judy Biggert [R-IL] (introduced 3/19/2009).     

S.901: Sustainable Revenue for Oregon Counties Act of 2009
This bill would establish the Oregon Task Force on Sustainable Revenue- for the establishment of a long-term revenue source for counties in Oregon that have historically received federal funds.  Of relevance, it would direct the Task Force to consider, among other things, revenue from sales of material collected from public land in Oregon for the production of biomass electricity or cellulosic liquid transportation fuels, user fees for recreational activities on such land, payments for increases in carbon sequestration, and land exchanges or transfers that could provide compensation for nontaxable federal land in the counties. Sponsor: Sen Jeff Merkley  [D-OR] (introduced 4/27/2009).      

S.2742: American Worker Transition and Community Assistance Act
This bill would establish the Climate Change Worker and Community Assistance Fund to ensure that groups of workers and communities adversely affected by federal climate change policy receive certain employment and training services and economic adjustment assistance.  It would direct the Secretary of Labor to establish a Climate Change Worker and Community Assistance Program, as well.  The bill would also establish the National Climate Change Advisory Committee to formulate, and submit to the President, Secretary, and the appropriate congressional committees, a strategic plan for addressing the effect of federal climate change policy on each segment of the workforce. Sponsor:  Sen Robert Casey [D-PA] (introduced 11/5/2009).      

S.3362Sustainable Schools Pollution Reduction Act of 2010
This bill would amend the Clean Air Act to establish within the EPA a sustainable schools pollution reduction program, under which the EPA Administrator would provide grants for each of FY2011-FY2015 to public elementary or secondary schools or a school district that encompasses such schools for use in implementing effective technologies to reduce air pollutants, including greenhouse gas emissions. Sponsor: Sen Bernard Sanders  [D-VT] (introduced 5/13/2010).      

S.3381: A bill to amend the Clean Air Act to modify certain definitions of the term "renewable biomass", and for other purposes.
This bill would amend the Clean Air Act to redefine "renewable biomass."  This definition would then apply in any federal law enacted after the date of enactment of this Act to: (1) establish a renewable electricity standard; or (2) regulate the emission of greenhouse gases. Sponsor: Sen Max Baucus [D-MT] (introduced 5/17/2010).      

S.3396: Supply Star Act of 2010
This bill would amend the Energy Policy and Conservation Act to establish within the Department of Energy a Supply Star program.  The program would identify and promote practices, companies, and products that use highly efficient supply chains in a manner that conserves energy and water. Of relevance, this bill would declare that the impact on climate change is not a factor in determining supply chain efficiency.  Sponsor:  Sen Jeff Bingaman [D-NM] (introduced 5/24/2010).      

 "ENADANGERMENT" AND/OR "CAUSE OR CONTRIBUTE" FINDINGS

S.1622: Clean Air Protection Act
This bill would make the United States Supreme Court's decision in Massachusetts v. Environmental Protection Agency and any establishment of standards resulting from the proposed rule published by the Administrator of the Environmental Protection Agency (EPA) entitled "Proposed Endangerment and Cause or Contribute Findings for Greenhouse Gases” applicable only to sources regulated as of the date of enactment of this Act.  In effect, it would not allow the ruling to apply retroactively.  Sponsor:  Sen John Barrasso [R-WY] (introduced 8/6/2009).

S.J.RES.26: A joint resolution disapproving a rule submitted by the Environmental Protection Agency relating to the endangerment finding and the cause or contribute findings for greenhouse gases under section 202(a) of the Clean Air Act.
This bill would disapprove the “Endangerment Finding” and the “Cause or Contribute Finding” submitted by the Administrator of the EPA on December 15, 2009, for greenhouse gases under the Clean Air Act.  (The Endangerment finding declares that projected atmospheric concentrations of the six key GHGs (CO2, CH4, N2O, HFCs, PFCs, SF6) threaten public health and welfare.  The Cause or Contribute Finding declared that the combined emissions of the above six gasses from new motor vehicles and engines contribute to the GHG pollution which threatens public health and welfare).  Sponsor:  Sen Lisa Murkowski [R-AK] (introduced 1/21/2010).  Action: 6/10/2010 Motion to proceed to consideration of measure rejected in the Senate by a vote of 47 - 53.

H.J.RES.66: Disapproving a rule submitted by the Administrator of the Environmental Protection Agency relating to endangerment and cause or contribute findings for greenhouse gases under section 202(a) of the Clean Air Act.
This bill would disapprove the “Endangerment Finding” and the “Cause or Contribute Finding” submitted by the Administrator of the EPA on December 15, 2009, for greenhouse gases under the Clean Air Act.  (The Endangerment finding declares that projected atmospheric concentrations of the six key GHGs (CO2, CH4, N2O, HFCs, PFCs, SF6) threaten public health and welfare.  The Cause or Contribute Finding declared that the combined emissions of the above six gasses from new motor vehicles and engines contribute to the GHG pollution which threatens public health and welfare).  Sponsor: Rep Jerry Moran  [R-KS] (introduced 12/16/2009).     

H.J.RES.76: Disapproving a rule submitted by the Environmental Protection Agency relating to the endangerment finding and the cause or contribute findings for greenhouse gases under section 202(a) of the Clean Air Act.
This bill would disapprove the “Endangerment Finding” and the “Cause or Contribute Finding” submitted by the Administrator of the EPA on December 15, 2009, for greenhouse gases under the Clean Air Act.  (The Endangerment finding declares that projected atmospheric concentrations of the six key GHGs (CO2, CH4, N2O, HFCs, PFCs, SF6) threaten public health and welfare.  The Cause or Contribute Finding declared that the combined emissions of the above six gasses from new motor vehicles and engines contribute to the GHG pollution which threatens public health and welfare).  Sponsor: Rep Ike Skelton  [D-MO] (introduced 2/25/2010).      

H.J.RES.77: Disapproving a rule submitted by the Environmental Protection Agency relating to the endangerment finding and the cause or contribute findings for greenhouse gases under section 202(a) of the Clean Air Act.
This bill would disapprove the “Endangerment Finding” and the “Cause or Contribute Finding” submitted by the Administrator of the EPA on December 15, 2009, for greenhouse gases under the Clean Air Act.  (The Endangerment finding declares that projected atmospheric concentrations of the six key GHGs (CO2, CH4, N2O, HFCs, PFCs, SF6) threaten public health and welfare.  The Cause or Contribute Finding declared that the combined emissions of the above six gasses from new motor vehicles and engines contribute to the GHG pollution which threatens public health and welfare).  Sponsor: Rep Joe Barton [R-TX] (introduced 3/2/2010).      

H.RES.974: Urging the Administrator of the Environmental Protection Agency to reevaluate the endangerment and cause or contribute findings regarding greenhouse gases signed on December 7, 2009.
This bill would criticize the “Endangerment Finding” and the “Cause or Contribute Finding” submitted by the Administrator of the EPA on December 15, 2009, for greenhouse gases under the Clean Air Act.  It would declare each finding to be unacceptable.  (The Endangerment finding declares that projected atmospheric concentrations of the six key GHGs (CO2, CH4, N2O, HFCs, PFCs, SF6) threaten public health and welfare.  The Cause or Contribute Finding declared that the combined emissions of the above six gasses from new motor vehicles and engines contribute to the GHG pollution which threatens public health and welfare).  Sponsor: Rep Rodney Alexander  [R-LA] (introduced 12/15/2009).