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Order Code RL32055
CRS Report for Congress
Received through the CRS Web
Climate Change Legislation in the 108th Congress
Updated January 6, 2005
Brent D. Yacobucci
Specialist in Energy Policy
Resources, Science, and Industry Division
Kyna Powers
Environmental Policy Analyst
Resources, Science, and Industry Division
Congressional Research Service ~ The Library of Congress
Climate Change Legislation in the 108th Congress
Summary
Climate change and greenhouse gas (GHG) emissions were an issue in the 108th
Congress, as they were over the preceding decade. Bills directly addressing climate
change issues ranged from those focused primarily on climate change research (H.R.
1578 and S. 1164) to comprehensive emissions cap and trading programs for all six
greenhouse gases (S. 139 and H.R. 4067). Additional bills focused on GHG
reporting and registries (H.R. 6 (Senate-passed), H.R. 1245, S. 17, and S. 194), or on
power plant emissions of carbon dioxide (H.R. 2042, S. 139, S. 366, and S. 843).
These climate change bills differed within and across categories. Among the
climate change research bills, there were common and divergent research focuses.
For example, a few bills, including S. 139 and S. 1164, would have directed research
on historical instances of climate change to develop climate change models.
Additional bills focused on research to examine vulnerabilities to climate change in
the United States, particularly with respect to human health, environmental, and
economic outcomes. Furthermore, some bills would have promoted research on
political and technological options to reduce GHG emissions.
Among the six bills with GHG reporting and registry requirements, there were
also differences. The primary difference between reporting bills was how each
determined which entities must report. H.R. 6 (Senate version), H.R. 1245, H.R.
4067, and S. 139 would have established GHG emission thresholds, usually around
10,000 metric tons of carbon dioxide (or equivalent) per year, above which an entity
must submit records of its GHG emissions. However, H.R. 6 and H.R. 1245
excluded farms from the reporting requirement. The remaining bills, S. 17 and S.
194, would have tasked the Administrator of the Environmental Protection Agency
(EPA) with establishing the threshold requirement.
There were also similarities and differences between cap and trade bills.
Specifically, H.R. 2024, S. 366, and S. 843 would have focused on fossil fuel-fired
electric generating facilities, while S. 139 and H.R. 4067 would have covered a
broader array of sources. Furthermore, H.R. 2024, S. 366, and S. 843 would have
capped one GHG -- carbon dioxide -- while S. 139 and H.R. 4067 would have
capped all six GHGs.
This report briefly discusses basic concepts on which these bills were based, and
compares major provisions of the bills in each of the following categories: climate
change research, GHG reporting and registries, and cap and trade programs. This
report will not be updated.
Contents
Climate Change Research Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
GHG Reporting and Registry Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
GHG Emission-Reduction Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Carbon Dioxide Reduction Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Comprehensive GHG Emissions Reductions . . . . . . . . . . . . . . . . . . . . 9
List of Tables
Table 1. Comparison of Climate Change Research Bills . . . . . . . . . . . . . . . . . . . . 3
Table 2. Comparison of GHG Reporting and Registry Bills . . . . . . . . . . . . . . . . . 7
Table 3. GHG Cap and Trade Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Appendix 1. Climate Change Bills in the 108th Congress . . . . . . . . . . . . . . . . . . 14
Appendix 2. Key Provisions of Climate Change Legislation in the
108th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Climate Change Legislation
in the 108th Congress
Since 1992, when the United States ratified the United Nations' Framework
Convention on Climate Change (UNFCCC), a number of voluntary and regulatory
actions have been proposed or undertaken in the United States to decrease
greenhouse gas emissions. Most of these policies have been established primarily to
achieve energy or environmental goals, while also having the effect of reducing GHG
emissions.1
In the 108th Congress, numerous bills were introduced that directly or indirectly
addressed climate change. Most bills focused on energy efficiency, energy
conservation, or non-fossil fuels. However, the focus of this report is on bills that
directly addressed climate change, not on bills that would have had indirect or
ancillary impacts on greenhouse gas emissions. This report describes and compares
climate-related bills, which fall into three major categories: (1) those that would have
established climate change research programs to further examine the origins and
effects of climate change (H.R. 6,2 H.R. 1578, H.R. 4067, S. 17, S. 139, and S.
1164); (2) those that would have established GHG monitoring systems as a basis for
research or for any future reduction program (H.R. 6, H.R. 1245, H.R. 4067, S. 17,
S. 139, and S. 194); and (3) those that would have established market-based
programs to directly limit emissions of CO2, the primary greenhouse gas (H.R. 2024,
S. 139, H.R. 4067, S. 366, and S. 843). The major provisions of these bills are
categorized in Appendix 1 and summarized in Appendix 2. While the body of this
report describes what each bill would have done, none of these bills became law in
the 108th Congress. If Members wish to enact similar legislation in the 109th
Congress (or later), new bills must be introduced.
Climate Change Research Bills
Global climate change is a complex issue. While most scientists agree that the
climate is changing in response to greenhouse gas emissions, uncertainties
concerning the causes and the effects of climate change remain and are the subject
1
Under the United Nations Framework Convention on Climate Change (UNFCCC),
greenhouse gases include carbon dioxide (CO2, the most ubiquitous and primary greenhouse
gas), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons
(PFCs), and sulfur hexaflurane (SF6). Some other greenhouse gases are controlled under the
Montreal Protocol on Substances That Deplete the Ozone Layer.
2
For the purposes of this report, H.R. 6 always refers to the Senate-passed bill. The
conference report on H.R. 6 (H.Rept. 108-375) did not contain provisions on climate change.
The conference report was approved by the House on November 18, 2003. On November
21, a cloture motion on the conference report failed in the Senate.
CRS-2
of scientific research.3 Federally, much of this research is conducted through the U.S.
Global Change Research Program.4
Research Bills. Two bills in the 108th Congress, S. 1164 (Collins) and H.R.
1578 (M. Udall), focused primarily on climate change research.5 As shown in Table
1, these bills would have established research programs with different focuses. S.
1164 called for the development and testing of climate change models based on
historic climatic changes. H.R. 1578 focused on using historic trends to assess the
nation's vulnerabilities to climatic change and to assess climate change policy.
While S. 1164 did not have any substantial non-research provisions, H.R. 1578
would also have established an interagency committee to develop vulnerability
assessments, facilitate interagency cooperation, and provide representation to
international meetings. This committee would have facilitated the establishment of
the United States Global Change Research Plan. The plan would have established
goals and priorities and would have identified options to achieve those aims.
Research Provisions in Broader Bills. In addition to the research bills
H.R. 1578 and S. 1164, four bills (H.R. 6, H.R. 4067, S. 17, and S. 139) included
climate change research provisions as part of a broader climate change bill.
Specifically, research in H.R. 6 would have focused on climate change mitigation
technology, climate change adaptation, and resolving scientific and economic
uncertainty. The research provisions in S. 17 focused on a national assessment of
climate change impacts and a review of methods to address climate change.
Research under S. 139 would have focused on technology transfer barriers, the
impact of the Kyoto Protocol on the United States, climate change impacts, and
possible methods to reduce GHG emissions. The research provisions of H.R. 4067
were similar to those under S. 139, except that H.R. 4067 did not address technology
transfer or the impacts to the Kyoto Protocol, and added a section on agricultural
research.
3
For more information on the science and policy of Global Climate Change see CRS Issue
Brief IB89005, Global Climate Change.
4
One such document is U.S. Global Change Research Program, Climate Change Impacts
on the United States: The Potential Consequences of Climate Variability and Change.
(Washington, DC, 2000). Available at [http://www.usgcrp.gov/usgcrp/Library/
nationalassessment/overview.htm], visited August 28, 2003.
5
The research provisions of H.R. 6 (Senate-passed), S. 17, S. 139, and S. 843 are described
in later sections since these bills had other major focuses. This report does not include bills
with other focuses that also had research components related to climate change (particularly
sequestration, renewable energy, and energy efficiency), including H.R. 238, H.R. 984, H.R.
1213, H.R. 1395, H.R. 1645, H.R. 1777, H.R. 190, and H.R. 2088.
CRS-3
Table 1. Comparison of Climate Change Research Bills
H.R. 1578 (M. H.R. 4067 H.R. 6 (Senate- S. 17 (Daschle) S. 139 S. 1164 (Collins)
Udall) (Gilchrest) passed) (Lieberman)
Research Global Create indicators to Modeling and The economic, Create indicators to Create indicators to
Focus Measurements understand historic assessment of public health, and understand historic understand historic
Studies of historic climate change climate change environmental climate change climate change
changes Improve effects on impacts of global Improve Improve
Information on understanding of economic and warming and understanding of understanding of
economic and thresholds and social systems. climate change on thresholds and thresholds and
demographic nonlinearities of Understanding the United States. nonlinearities of nonlinearities of
trends that affect geophysical response of human Funding and geophysical geophysical
vulnerability to systems related to (social and effectiveness of systems related to systems related to
climate change climate change economic) and programs climate change climate change
Interaction of Develop and test natural ecosystems established to Develop and test Develop and test
physical, climate change to climate change. reduce climate change climate change
chemical, models Understanding the greenhouse gas models models
biological and Climate change availability, emissions. Climate change
social processes standards and benefits and costs standards and
related to global processes of policy and processes
change Vulnerability and technology options Vulnerability and
Initiatives to adaptation to to mitigate climate adaptation to
determine, and climate change change risks. climate change
then meet, the Technology transfer Carbon sequestration Technology transfer
information needs barriers GHG emissions from barriers
of decision- Agricultural effects federal facilities
makers. of climate
and welfare, and change and
human social and opportunities
economic systems for carbon
sequestration
CRS-4
H.R. 1578 (M. H.R. 4067 H.R. 6 (Senate- S. 17 (Daschle) S. 139 S. 1164 (Collins)
Udall) (Gilchrest) passed) (Lieberman)
Research (Continued) (Continued)
Focus Effects of global Impact of the Kyoto
climate change on Protocol on
agriculture, energy United States:
production and industry,
use, international
transportation, cooperation on
human health scientific research
Adoption rates of and development,
policy and United States
technology to participation in
reduce climate environmental
change variability climate change
and examine mitigation efforts
market and policy and technology
barriers deployment
Source of United States Global National Science National Academy of Determined by the National Science Department of
Research Change Research Foundation, Sciences, Executive Office Foundation, Commerce
Program Department of Department of of the President Department of
(interagency) Commerce Energy (multiple Commerce
Department of offices),
Agriculture Department of
Agriculture, and
Office of National
Climate Change
Policy in the
Executive Office of
the President
CRS-5
H.R. 1578 (M. H.R. 4067 H.R. 6 (Senate- S. 17 (Daschle) S. 139 S. 1164 (Collins)
Udall) (Gilchrest) passed) (Lieberman)
Outcomes Vulnerability Models of climate Regional A national Models of climate Models of climate
Assessment change vulnerabilities and assessment of change change
Policy Assessment Report on technology adaptation climate change Report on technology
Annual Report transfers income and assessment impacts transfers income and
Interagency climate royalties Assessment of Annual description royalties
and other global Report on United climate change of measures the Report on United
change data States impact of effects on United States has States impact of
management Kyoto Protocol economic and adopted or Kyoto Protocol
working group New measurements social systems implemented to New measurements
and standards Annual Reports reduce climate and standards
National Science Change in National change National Science
Foundation Global Change Foundation
research Research Plan research
Education program Climate change
for farmers on strategy
global climate
change
Technical assistance
to coastal states on
adapting to
climate change
Research None specified Yes Yes None specified Yes Yes
Funding
Authorized
CRS-6
GHG Reporting and Registry Bills
Under the UNFCCC, the United States annually reports on its GHG emissions.6
The United States Environmental Protection Agency (EPA) does this reporting using
various techniques (e.g., fuel analysis for CO2). The three dominant sources of GHG
emissions are electricity generation (33.1%), transportation (26.9%), and industry
(19%).7 At the national level, electric utilities must report their GHG emissions
pursuant to the 1990 Clean Air Act, but there is no overall national GHG reporting
requirement. However, some states also gather data through voluntary or mandatory
GHG emissions reporting mechanisms.8
Four bills, Title 10 of H.R. 6 (Senate-passed version),9 H.R. 1245 (Olver), S. 17
(Daschle), and S. 194 (Corzine) focused primarily on expanding emissions reporting
to a broad array of sources. (See Table 2.) While S. 17 and S. 194 directed the EPA
to determine who must report emissions information, H.R. 6 established a category
of covered sources. Furthermore, these bills would have established a national
registry to collect annual lists submitted by entities on their GHG emissions and
sources, and would have established a national GHG registry to collect voluntarily
reported information on GHG emissions reductions. S. 17 and S. 194 would also
have required the EPA Administrator and the Secretaries of Commerce, Agriculture,
and Energy to develop tools for quantifying, verifying, reporting, and accounting for
GHG emissions, and would have required the EPA Administrator to publish an
annual national GHG emissions inventory. While these bills established reporting
requirements as the basis for future regulations, two other bills (S. 139 and H.R.
4067) would have established a monitoring program as the basis for a GHG cap and
trade program. Specifically, these bills would have included a requirement that the
Administrator of the EPA establish a national GHG database and develop methods
and standards to measure and verify GHG emissions.
In addition to their different GHG reporting strategies, these bills had other
major components. For example, S. 17 set a goal for the President to reduce the
federal government's net GHG emissions to 1990 levels by 2013. H.R. 6 would have
established the Office of National Climate Change Policy to develop a National
Climate Change Strategy with the long-term goal of stabilization of greenhouse gas
concentrations. S. 17 would also have authorized $2 billion per year in grants to state
and local governments to reduce GHG emissions.
6
See CRS Report 98-235 ENR, Global Climate Change: U.S. Greenhouse Gas Emissions
-- Status, Trends, and Projections.
7
U.S. Environmental Protection Agency, U.S. GHG Emissions and Sinks 1990-2001, p.
ES-6. Additional sources are agriculture (7.6%), commerce (7.2%), and residential
activities (5.4%).
8
See CRS Report RL32043, Climate Change: State and Local Actions to Address
Greenhouse Gas Emissions.
9
The Senate-passed version of H.R. 6 was identical to the Senate-passed version of H.R.
4 from the 107th Congress. There were no climate change provisions in the House-passed
version of H.R. 6 from the 108th Congress, or in the conference report on H.R. 6 (H.Rept.
108-375).
CRS-7
Table 2. Comparison of GHG Reporting and Registry Bills
H.R. 6 (Senate H.R. 1245 (Olver) H.R. 4067 S. 17 (Daschle) S. 139 S. 194 (Corzine)
Passed) (Gilchrest) (Lieberman)
Covered Entities that emit Entities that emit Entities that: Entities that exceed Entities that: Entities that exceed
Entity more than 10,000 more than 10,000 (A) own or control thresholds to be set (A) own or control thresholds to be set
metric tons of CO2 metric tons of CO2 sources of GHG by the Administrator sources of GHG by the
(or equivalent) (or equivalent) emissions in the of the EPA emissions in the Administrator of
Major manufacturers electric power, electric power, the EPA
or importers of industrial, or industrial, or
motor vehicles commercial sectors commercial sectors
Manufacturers or of the United States of the United States
importers of DOE- economy, refine or economy, refine or
listed products import petroleum import petroleum
products for use in products for use in
transportation, or transportation, or
produce or import produce or import
HFCs PFCs, or HFCs PFCs, or
SF6, and SF6, and
(B) emit more than (B) emit more than
10,000 metric tons 10,000 metric tons
of GHG/ year (CO2 of GHG/ year (CO2
or equivalent) or or equivalent) or
produce or import produce or import
petroleum petroleum
products, HFCs, products, HFCs,
PFCs, SF6, or PFCs, SF6, or
other greenhouse other greenhouse
gases that, when gases that, when
used, will emit over used, will emit over
10,000 metric tons 10,000 metric tons
of GHG/year CO2 of GHG/year CO2
(or equivalent) (or equivalent)
CRS-8
H.R. 6 (Senate H.R. 1245 (Olver) H.R. 4067 S. 17 (Daschle) S. 139 S. 194 (Corzine)
Passed) (Gilchrest) (Lieberman)
Excluded Feedlots and Farms Farms None indicated None indicated None indicated None indicated
Entities
Covered The 6 GHGs: CO2, The 6 GHGs: CO2, The 6 GHGs: CO2, The 6 GHGs: CO2, The 6 GHGs: CO2, The 6 GHGs: CO2,
GHGs CH4, N2O, HFCs, CH4, N2O, HFCs, CH4, N2O, HFCs, CH4, N2O, HFCs, CH4, N2O, HFCs, CH4, N2O, HFCs,
PFCs, SF6 PFCs, SF6 PFCs, SF6 PFCs, SF6 PFCs, SF6 PFCs, SF6
Other substances may Other substances may
be added be added
Includes Yes Yes Yes Yes Yes Yes
Provisions
for
Voluntary
Reporting
CRS-9
GHG Emission-Reduction Bills
The United States has no federal GHG reduction requirements, though proposals
to require such reductions have been made. These proposals have included
"command and control" regulations on emissions, GHG emission taxes, and market-
based techniques to limit emissions. The last, market-based programs, typically take
as their model the Clean Air Act acid rain program.10
In the 108th Congress, bills were introduced that would have established market-
based GHG reductions (see Table 3). One pair of bills, S. 139 and H.R. 4067, would
have capped the emissions of the six greenhouse gases specified in the United
Nations' Framework Convention on Climate Change.11 Three other bills, H.R. 2042,
S. 366, and S. 843, would have focused on reducing carbon dioxide from electric
utilities. Each of these bills would have used market-based trading mechanisms to
limit GHG emissions. Cap and trade programs set strict limits on specific emissions
from a particular group of sources, allowing individual sources to trade reductions.
This flexibility in who makes reductions leads to lower costs. One method is to
allocate emissions allowances to each source. Allowances can be bought or sold. In
a well-functioning market, entities that face relatively low emission-reduction costs
would achieve extra emission reductions. Then these entities would sell their unused
allowances to entities that face higher emission-reduction costs. An entity facing
higher costs could then purchase allowances to exceed its initial emissions cap.12
Carbon Dioxide Reduction Bills. As shown in Table 3, H.R. 2042
(Waxman), S. 36613 (Jeffords), and S. 843 (Carper) focused on electric utility
emissions.14 These bills would have limited emissions of carbon dioxide, along with
other air pollutants.15 (See Table 3.) The first round of emissions reductions would
have gone into effect in the year 2009. S. 843 would also have included a second
phase of emissions reductions beginning in 2012.
Comprehensive GHG Emissions Reductions. Unlike other bills
proposed in the 108th Congress, the Climate Stewardship Act (S. 139 and H.R. 4067)
focused on achieving market-driven reductions in all six greenhouse gases (see Table
3). The legislation applied to entities in the electricity, transportation, industry, and
10
The acid rain program caps emissions from each source, but allows sources to exceed
their caps if they purchase credits from sources that achieve extra emissions reductions.
11
The six greenhouse gases are carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons, and sulfur hexaluoride.
12
For more information on market mechanisms, see CRS Report IB97057, Global Climate
Change: Market-Based Strategies to Reduce Greenhouse Gases.
13
S. 366 was similar to S. 566 from the 107th Congress.
14
S. 485 (Inhofe), the Clear Skies Act of 2003, also established a cap and trade program for
nitrogen oxides from utilities. However, S. 485 is not included in Table 3 because it did not
address carbon dioxide, the primary greenhouse gas.
15
This report does not discuss bills that would have reduced other pollutants without
including CO2. Such bills included H.R. 203, H.R. 999 and S. 485.
CRS-10
commercial sectors that emit over 11,023 tons of greenhouse gases per year. Starting
in 2010, the bills would have capped total GHG emissions at 6.5 billion tons (CO2
equivalent emissions), reduced by the amount of CO2 (equivalent emissions) from
non-covered entities in the year 2000. After 2015, S. 139 would have further
restricted emissions to 5.65 billion tons, reduced by the amount of emissions from
non-covered entities in 1990. Both bills would also have established a formula for
allocating GHG emissions allowances, and would have established a climate change
credit corporation to manage allowance trading.
In addition to establishing caps on all six greenhouse gases, the bills would have
supported climate change research and established a GHG emissions inventory. The
bills also included a requirement that the Administrator of the EPA establish a
national GHG database, and develop methods and standards to measure and verify
GHG emissions. (See Table 1 and Table 2.)
CRS-11
Table 3. GHG Cap and Trade Bills
H.R. 4067 (Gilchrest) S. 139 (Lieberman) H.R. 2042 (Waxman) S. 366 (Jeffords) S. 843 (Carper)
Covered Any electric power, Any electric power, Any fossil fuel-fired Any fossil fuel-fired Any fossil fuel-fired16
sources industrial, or commercial industrial, or commercial electric generating electric generating electric generating
entity that emits over entity that emits over facility that has a facility that has a facility that has a
10,000 metric tons of 10,000 metric tons of capacity of greater than capacity of greater than capacity of greater than
CO2 equivalent/year; any CO2 equivalent/year; any 15 megawatts and 15 megawatts, generates 25 megawatts and
refiner or importer of refiner or importer of generates electricity for electricity for sale, and generates electricity for
petroleum products for petroleum products for sale. emits a covered pollutant sale.
transportation use that transportation use that into the air
when combusted will when combusted will
emit over 10,000 metric emit over 10,000 metric
tons of CO2 tons of CO2
equivalent/year; and, any equivalent/year; and, any
importer or producer of importer or producer of
HFCs, PFCs or SF6 that HFCs, PFCs or SF6 that
when used will emit over when used will emit over
10,000 metric tons of 10,000 metric tons of
CO2 equivalent/year. CO2 equivalent/year.
Covered All 6 GHGs All 6 GHGs 1 GHG: carbon dioxide 1 GHG: carbon dioxide 1 GHG: carbon dioxide
pollutants Other Pollutants: sulfur Other Pollutants: sulfur Other Pollutants: sulfur
dioxide, nitrogen dioxide, nitrogen dioxide, nitrogen
oxides, and mercury oxides, and mercury oxides, and mercury
16
The regulations for mercury are for coal-fired electric generating units rather than fossil fuel-fired. Covered sources are also
different for sulfur dioxide.
CRS-12
H.R. 4067 (Gilchrest) S. 139 (Lieberman) H.R. 2042 (Waxman) S. 366 (Jeffords) S. 843 (Carper)
Emissions cap 6.49 billion tons of CO2 6.49 billion tons of CO2 Reduce CO2 emissions CO2 emissions to 2.05 Tons of CO2 emitted
equivalent/year from equivalent/year to 1990 levels by 2009 billion tons/yr17 from affected units in
2009 to 2015 for all from 2009 to 2015 beginning in 2009 2006, beginning in 2009
covered entities taken for all covered
together. entities taken Tons of CO2 emitted
together. from affected units in
5.64 billion tons of CO2 2001, beginning in 2012
equivalent/year
after 2015.
Implementation Tradeable allowance Tradeable allowance To be determined by Tradeable allowance Tradeable allowance
Strategy system. EPA shall system. EPA shall EPA -- market system. Allowances system. Allocation
determine allocations determine allocations mechanisms permitted allocated to various formulas based on
based on several based on several (except for Hg) sectors and interests, generating efficiency.
economic and equity economic and equity including households,
criteria including criteria including dislocated workers and Allocations includes a
efficiency and impact on efficiency and impact on communities, electricity new source reserve to
consumers. Allowances consumers. Allowances intensive industries, provide allowances to
to be allocated upstream to be allocated upstream affected utilities, energy newly constructed
to refiners and importers to refiners and importers efficiency and renewable sources.
of transportation fuel of transportation fuel energy activities, and
along with producers of along with producers of sequestration activities.
HFCs, PFCs, and SF6; HFCs, PFCs, and SF6;
downstream to electric downstream to electric
generation, industrial, generation, industrial,
and commercial entities and commercial entities
17
S. 366 would further limit the number of emission allowances in present year by the number of tons emitted two years prior by
small electricity generating facilities, and by any number required to protect the public health, welfare, or the environment.
CRS-13
H.R. 4067 (Gilchrest) S. 139 (Lieberman) H.R. 2042 (Waxman) S. 366 (Jeffords) S. 843 (Carper)
Percentage -5% c -5% b,c -9.5% -7.5% -5.1% a
change v.
business as
usual by 2010
Percentage +27.7% c +27.7% b,c +21.7 +24.2% +27.5% a
change v. 1990
levels
(UNFCCC
baseline year)
Penalties for Excess emission penalty Excess emission penalty none specified Same as CAA, title IV Excess emission penalty
non-compliance equal to three times the equal to three times the except excess emission of $100 per ton plus one-
market price for market price for penalty is three times the for-one offset from
allowance on the last day allowance on the last day average market price for future emissions
of the year at issue of the year at issue allowances allocations
a
Assumes requirement of S. 843 is achieved in 2010, rather than 2013.
b
Phase 1 only. Phase 2 would involve a 2016 reduction down to 1990 levels by affected sources.
c
Depending on actual coverage and the implementation strategies employed by affected sources, reductions achieved could be above the 5% estimate
presented here. CRS estimates based on 85% coverage and U.S.-only implementation would be about 8.8% in 2010, 22.6% above 1990 levels.
Source: CRS calculations based on projections contained in the UNFCCC Secretariat's 2002 Climate Action Report. Available at:
[http://www.epa.gov/globalwarming/publications/car/index.html]. For more information see CRS Report RL31779.
CRS-14
Appendix 1. Climate Change Bills in the 108th Congress
CO2 and Comprehensive
GHG Set CO2 & NOx NOx Emissions Caps
Climate Clarify Reporting Emissions Emission Allowance and Allowance
Change Research and Goal for Caps for Trading Trading for all
Bill (s) and Short Title (s) Research Methods Registry U.S. Utilities Program GHGs Other
SENATE BILLS
S. 17 (Daschle) X X X X X
Global Climate Security Act of 2003, National GHG emissions
Inventory and Registry Act of 2003
S. 139 (Lieberman) X X X X X
Climate Stewardship Act of 2003
S. 194 (Corzine) X X X
National GHG Emissions Inventory and Registry Act of 2003
S. 366 (Jeffords) X X X
Clean Power Act of 2003
S. 843 (Carper) X X X
Clean Air Planning Act of 2003
S. 1164 (Collins) X
Abrupt Climate Change Research Act of 2003
H.R. 6 (As passed by the Senate)a X X X X
Energy Policy Act of 2003
HOUSE BILLS
H.R. 1245 (Olver) X X
National GHG Emissions Inventory Act of 2003
H.R. 1578 (M. Udall) X X
Global Change Research and Data Management Act of 2003
H.R. 2042 (Waxman) X X
Clean Smokestacks Act of 2003
H.R. 4067 (Gilchrest) X X X X X
Climate Stewardship Act of 2004
a
No climate provisions in House-passed H.R. 6, or in the conference report on H.R. 6 (H.Rept. 108-375)
CRS-15
Appendix 2. Key Provisions of Climate Change Legislation in the 108th Congress
Bill No. Sponsor Last Major Action Key Provisions
S. 17 Daschle Referred to Senate Environment and Establishes a mandatory greenhouse gas database. In addition, it
Public Works -- January 7, 2003 establishes a commission to help implement the UNFCCC.
Authorizes $2 billion annually in grants to state and local
governments to reduce greenhouse gas emissions. It does not
mandate emissions reductions.
S. 139 Lieberman Considered by Senate, referred back to Requires any entity that emits more than 10,000 metric tons of
Senate Environment and Public Works greenhouse gases (CO2 equivalent) to reduce emissions to year
-- October 30, 2003 2000 levels by 2010, and 1990 levels by 2016. Allows: tradeable
credits for reductions beyond those required, reductions from
non-covered entities, increases in carbon sequestration, increases
in passenger vehicle fuel economy, and emissions reductions in
other countries.
S. 194 Corzine Referred to Senate Environment and Establishes mandatory greenhouse gas registries, but does not
Public Works -- January 17, 2003 require emission reductions.
S. 366 Jeffords Referred to Senate Environment and The Clean Power Act of 2003 amends the Clean Air Act to
Public Works -- February 12, 2003 require the Administrator of the Environmental Protection
Agency to promulgate regulations to achieve specified
reductions in emissions of sulfur dioxide, nitrogen oxides, carbon
dioxide and mercury from certain electric generation facilities by
January 1, 2009.
S. 843 Carper Referred to the Senate Environment and Amends the Clean Air Act to establish a national uniform
Public Works -- April 9, 2003 multiple air pollutant regulatory program, including for carbon
dioxide, for the electric generating sector.
S. 1164 Collins Referred to the Senate Commerce, Provides for research to understand, assess, and predict human-
Science and Transportation -- June 2, induced and natural processes of abrupt climate change.
2003
CRS-16
Bill No. Sponsor Last Major Action Key Provisions
H.R. 6 (Senate- Tauzin Passed Senate -- July 31, 2003; Establishes research programs focusing on vulnerabilities,
Passed version) Conference report approved by House -- technology, sequestration, and other topics. Establishes
November 18, 2003 emissions monitoring and reporting mechanisms.
Cloture motion on conference report
failed in Senate -- November 21, 2003
(Conference report and House-passed
version have no climate-related
provisions)
H.R. 1245 Olver Referred to House Energy and Requires EPA to establish a GHG emissions information system
Commerce -- March 24, 2003 to collect information submitted regarding an entity's GHG
emissions. Establishes voluntary registry to collect information
on emissions reductions.
H.R. 1578 M. Udall House Science Committee motion to Directs the President to develop a National Global Change
report failed -- May 1, 2003 Research Plan. Requires plan to set recommendations for
research, research priorities, and establish a data management
working group to coordinate global GHG research.
H.R. 2042 Waxman Referred to House Energy and Amends the Clean Air Act to require the EPA to promulgate
Commerce -- May 20, 2003 regulations to achieve specific reductions of carbon dioxide from
power plants.
H.R. 4067 Gilchrest Referred to House Science, Energy and Requires any entity that emits more than 10,000 metric tons of
Commerce -- March 30, 2004 greenhouse gases (CO2 equivalent) to reduce emissions to year
2000 levels by 2010. Allows: tradeable credits for reductions
beyond those required, reductions from non-covered entities,
increases in carbon sequestration, and emissions reductions in
other countries.
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For other versions of this document, see http://wikileaks.org/wiki/CRS-RL32055