Order Code RL34282 Side-by-Side Comparison of Climate Change Provisions in Omnibus Energy Legislation in the 110 th Congress Updated December 14, 2007 Jane A. Leggett, Coordinator, Eugene H. Buck, Nicole T. Carter, M. Lynne Corn, Susan R. Fletcher, Peter Folger, Ross W. Gorte, Linda Luther, Larry Parker, Pervaze A. Sheikh, and Fred Sissine Resources, Science, and Industry Division Robert Meltz American Law Division Wayne A. Morrissey Knowledge Services Group
Transcript
Order Code RL34282
Side-by-Side Comparison of Climate ChangeProvisions in Omnibus Energy Legislation in the
110th Congress
Updated December 14, 2007
Jane A. Leggett, Coordinator, Eugene H. Buck, Nicole T. Carter, M. Lynne Corn, Susan R. Fletcher, Peter Folger,
Ross W. Gorte, Linda Luther, Larry Parker, Pervaze A. Sheikh, and Fred Sissine
Resources, Science, and Industry Division
Robert MeltzAmerican Law Division
Wayne A. MorrisseyKnowledge Services Group
Side-by-Side Comparison ofClimate Change Provisions in Omnibus Energy
Legislation in the 110th Congress
Summary
In the 110th Congress, the House and the Senate passed several differentversions of omnibus energy legislation containing provisions to address climatechange and greenhouse gas emissions. The House originally passed H.R. 6 inJanuary 2007. The Senate passed an amended version in June 2007. In August 2007,the House passed a new and broader-ranging omnibus energy bill, H.R. 3221. OnDecember 6, 2007, the House substituted the Senate’s text of H.R. 6 with anamendment containing many provisions from H.R. 3221 and some from Senate-passed H.R. 6. On December 13, the Senate again passed an amended H.R. 6. Thisreport compares climate-specific provisions in the various energy bills.
The version of H.R. 6 passed by the Senate on December 13 was very similarto the version passed by the House on December 6, though without controversialprovisions that would have reduced tax incentives for oil production. All the climatechange-specific provisions covered in this report were identical in these versions.The House had already omitted in H.R. 6 most of the climate-specific provisionscontained in H.R. 3221. Remaining in H.R. 6, as passed by both the House(12/6/2007) and Senate (12/13/2007) are: programs to develop carbon sequestrationtechnologies; international programs to promote efficient and clean energy; and anOffice of Climate Change and Environment in the Department of Transportation.
This report compares provisions specifically directed at climate change inrecently passed omnibus energy legislation, including H.R. 3221 as passed August4, H.R. 6 as passed by the Senate on June 21, H.R. 6 as passed by the House onDecember 6, and H.R. 6 as passed by the Senate on December 13, 2007. Commentson provisions are included as appropriate.
1 The term “clean and efficient energy” is defined in House-passed H.R. 6 Title IX astechnology that will, inter alia, reduce GHG emissions compared to technologies inwidespread commercial use in a recipient country.
Side-by-Side Comparison ofClimate Change Provisions in Omnibus
Energy Legislation
Introduction
In the first session of the 110th Congress, the House and the Senate passed verydifferent versions of omnibus energy legislation. The House originally passed H.R.6 in January 2007. The Senate passed an amended version in June 2007. In August2007, the House passed a new and broader-ranging omnibus energy bill, H.R. 3221.On December 6, 2007, the House substituted the Senate’s text of H.R. 6 with anamendment containing many provisions from H.R. 3221 and some from Senate-passed H.R. 6. The Senate, then, on December 13, concurred with the House-passedversion but eliminated controversial provisions taking away tax incentives for the oilindustry and setting a minimum standard for renewable energy in electricitygeneration. This report compares climate-related provisions in the current energylegislation. The provisions covered in this report were identical in the versions ofH.R. 6 passed by the House on December 6 and the Senate on December 13.
Most provisions in the current version of H.R. 6, originated in the House-passedH.R. 3221, although many provisions in H.R. 3221 that specifically addressedclimate change or greenhouse gas emissions were omitted. Provisions previouslypassed by the House but now omitted from H.R. 6 include: statements of federalclimate change policy; repeal and replacement of the U.S. Global Change ResearchProgram; assessment of climate change impacts and adaptation strategies; andrequired reductions of greenhouse gases (GHG) by federal agencies.
While virtually all energy provisions have implications for GHG emissions ortechnology development, H.R. 6, as passed by the House on December 6, 2007, andthe Senate on December 13, includes several provisions that specifically addressclimate change or greenhouse gases. These climate-specific provisions in the latestversions of H.R. 6 include:
! measures to promote GHG reducing technologies1 overseas, ! assessments of geological and terrestrial carbon sequestration, ! establishment of an Office of Climate Change and Environment in
the Department of Transportation, and
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! an audit of the U.S. tax code to estimate the magnitude of impactsof its provisions on GHG emissions.
This report compares provisions specifically directed at climate change topicsin recently passed omnibus energy legislation. The provisions covered in this reportare identical in the versions of H.R. 6 that passed the House on December 6 and theSenate on December 13. (For legislation on energy efficiency and renewable energy,see CRS Report RL33831 — Energy Efficiency and Renewable Energy Legislationin the 110th Congress, by Fred Sissine, Lynn J. Cunningham and Mark Gurevitz.) Aside-by-side comparison follows of House-passed H.R. 3221 with H.R. 6 (passed bythe Senate 6/21/2007; by the House 12/6/2007 and the Senate 12/14/2007).
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2 The headings used in the table are those in the latest-passed bill, H.R. 6 as passed by the House on December 6, 2007.
Table 1. Climate Change Provisions in H.R. 3221 and H.R. 6
TITLE II, United States Policy onGlobal Climate Change, Subtitle A,Sec. 2102 contains CongressionalStatement of Policy. The UnitedStates will take a leadership role,participating more actively andconstructively in theintergovernmental climate changeprocess, and seek to obtain mitigationcommitments from all majorgreenhouse gas (GHG) emittingcountries under the United NationsFramework Convention on ClimateChange (UNFCCC). The UnitedStates is to serve this goal byengaging in high level dialogue onclimate change with the Group of 8(G-8), China, India, Brazil, andothers. While protecting U.S.national and economic interests andU.S. competitiveness, the UnitedStates is to participate in negotiationof a new agreement under theUNFCCC that would include bindingmitigation commitments from allmajor emitting countries, and addressthe need for adaptation.
No comparable provision. Like the Senate-passed H.R. 6,House-passed H.R. 6 omitted thisprovision.
The United States rejected the KyotoProtocol, with commitments byindustrialized countries to reduceGHG emissions, because it did notcontain commitments by largedeveloping country emitters (e.g.,China) and it was perceived to be toocostly.
The United States continues toparticipate in UNFCCC negotiations(parent treaty of the Protocol), butinsists that negotiations towards apost-2012 treaty should not includebinding commitments to reduceGHG. President Bush initiated ahigh-level dialogue on climatechange with major GHG-emittingnations, parallel to the UNFCCCnegotiations, beginning September2007 in Washington DC, to runthrough 2008. Both President Bush’spolicy and the U.N. have a goal ofreaching agreement on a global treatyin 2009.
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H.R. 3221(Passed House 8/4/2007)
H.R. 6(Passed Senate 6/21/2007)
H.R. 6 (Passed House 12/6/2007;Senate 12/14/2007)
Comments
Sec. 2103 establishes an Office onGlobal Climate Change within theDept. of State, headed by anAmbassador-at-Large to advanceU.S. goals concerning reducingemissions of GHGs and serve as aprincipal adviser to the President andSecretary of State on climate changepolicy.
No comparable provision. Omitted.
Assistance to Promote Clean and Efficient Energy Technologies in Foreign Countries
Subtitle B, Sec. 2201, CongressionalFindings, reviews existing authoritiesand notes inadequate funding. Itrecognizes the U.S. Government’sAsia-Pacific Partnership on CleanDevelopment and Climate, but as anon-binding framework that does notrequire GHG emissions reductionsfrom the six partnership countries.
Sec. 2202, United States Assistancefor Developing Countries, authorizes$200 million annually for the U.S.Agency for InternationalDevelopment (AID) over the fiscalyears 2008 - 2012 to support policiesand programs in developing countriesthat promote clean and efficientenergy technologies, and to promotethe use of American-made clean andefficient energy technologiesproducts, and energy andenvironmental management services. The Administrator of U.S. AID is tosubmit an annual report on theimplementation.
No comparable provision. Title IX omits the CongressionalFindings of H.R. 3221 and referencesto the Asia-Pacific Partnership onClean Development and Climate. Itdefines “clean and efficient energytechnology” as technology that will,inter alia, reduce greenhouse gasemissions compared to technologiesin widespread commercial use in arecipient country.
Sec. 911 is the same as H.R. 3221Sec. 2202.
The U.S. Government’s Asia-PacificPartnership on Clean Developmentand Climate (APP) was launched byPresident G.W. Bush as a majorinitiative to address climate changeinternationally, outside of the UNFCCC and Kyoto Protocolframework. It currently includes theUnited States, Australia, Canada,China, India, Japan and South Korea.Its website describes the APP’s focusas “expanding investment and tradein cleaner energy technologies, goodsand services in key market sectors.”[http://www.asiapacificpartnership.org]
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H.R. 3221(Passed House 8/4/2007)
H.R. 6(Passed Senate 6/21/2007)
H.R. 6 (Passed House 12/6/2007;Senate 12/14/2007)
Comments
Sections 2203-2206 outline steps tobe taken by (1) the Secretary ofCommerce through the U.S. ForeignCommercial Service and theInternational Trade Administration,(2) the Overseas Private InvestmentCorporation (OPIC), and (3) the U.S.Trade and Development Agency topromote the use of clean and efficientenergy technologies, and to givepreferential treatment to projectspromoting these goals and U.S.exports to meet them. The Secretaryshall submit annual reports in 2008-2012. Authorizes sums as may benecessary in each fiscal year of 2008-2012.
No comparable provision. Secs. 912-913 are the same as H.R.3221’s section 2203-2204.
Sec. 914 omits the CongressionalFindings but includes H.R. 3221’s Sense of the Congress that OPICshould promote greater investment inclean and efficient energytechnologies, and related actions.
Sec. 915 is nearly the same as Sec.2206 of H.R. 3221, but softens thepreference to be given to clean andefficient technologies by the Tradeand Development Agency.
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H.R. 3221(Passed House 8/4/2007)
H.R. 6(Passed Senate 6/21/2007)
H.R. 6 (Passed House 12/6/2007;Senate 12/14/2007)
Comments
Sec. 2208 requires the President toprovide assistance to the InteragencyWorking Group to Support a CleanEnergy Technology ExportsInitiative, in accord with its five-yearstrategic plan (2002). Requires anannual report to Congress onimplementation. Authorizes $5million for each fiscal year 2008-2012.
No comparable provision. Sec. 916 requires the President toestablish within 90 days a Task Forceon International Cooperation forClean and Efficient EnergyTechnologies. Within 1 year, theTask Force shall submit a strategy topromote adoption, and to facilitatethe export, of clean and efficientenergy technologies in majordeveloping countries, and to developrelated financial instruments andmechanisms, consistent with the rulesof the World Trade Organization.The strategy shall be updated every 3years. The Task Force shall alsoestablish an Interagency WorkingGroup, which shall establish anInteragency Center on the Export ofClean and Efficient EnergyTechnologies. The Task Force shallterminate in 12 years. Requires atriennial report to Congress. Authorizes $5 million for each fiscalyear 2008 - 2020.
Sec. 2207, the Global ClimateChange Exchange Program,authorizes the Secretary of State toestablish a program to strengthenresearch and educational exchange,and international cooperation toreduce GHG emissions and addresschallenges posed by climate change. An annual report is required onimplementation of this program, and$3 million annually is authorized foreach fiscal year 2008 - 2012.
No comparable provision. Omitted.
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H.R. 3221(Passed House 8/4/2007)
H.R. 6(Passed Senate 6/21/2007)
H.R. 6 (Passed House 12/6/2007;Senate 12/14/2007)
Comments
Sec. 2209 requires a report within180 days after enactment on theimpact of global climate change ondeveloping countries. It must containan assessment of current andanticipated needs of developingcountries to adapt, and a strategy tomeet those needs, including U.S.assistance, and identifying fundingsources.
Subtitle C establishes anInternational Clean EnergyFoundation as a governmentcorporation, to serve foreign policyand energy goals of reducing GHGemissions. The Foundation shall,inter alia, make grants to projectsdemonstrating technologies,processes and services to reduceGHG emissions; solicit additionalfunding from other governments;create a repository of information onbest practices; and promoteAmerican-made energy technologies.An annual report to Congress isrequired regarding implementation inthe prior fiscal year. Authorizes $20million in each fiscal year 2008-2012.
No comparable provision. Subtitle B establishes anInternational Clean EnergyFoundation as a governmentcorporation, to serve foreign policyand energy goals of reducing GHGemissions. It is nearly identical toSubtitle C of H.R. 3221. In Sec.923(6), the Foundation shall givepreferences to entities incorporated inthe United States and whosetechnologies will be substantiallymanufactured in the United States.Authorizes $20 million in each fiscalyear 2009-2013.
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H.R. 3221(Passed House 8/4/2007)
H.R. 6(Passed Senate 6/21/2007)
H.R. 6 (Passed House 12/6/2007;Senate 12/14/2007)
Comments
SCIENCE AND TECHNOLOGYAdvanced Research Projects Agency-Energy
Title IV, Subtitle A establishes theAdvanced Research Projects Agency-Energy (ARPA-E), reporting to theSecretary of the Department ofEnergy (DOE), to conduct long-termand high risk research on novelenergy technologies. Goals includereducing greenhouse gases. Establishes in the Department of theTreasury an Energy TransformationAcceleration Fund with authorizationfor $3 million for FY2008, rising to$1.3 billion in 2012. ARPA-E is to beevaluated within 6.5 years.
Title IV, Subtitle F expands the DOEprogram for carbon capture toinclude R&D for carbon storage anddemonstration. DOE would conduct7 initial large-volume sequestrationtests, preferably using carbon dioxidefrom large industrial or electricity-generating sources, and wouldconduct at least 3 large-scale carboncapture demonstration tests fromindustrial sources of CO2. Beginningin 2011, the National Academy ofSciences (NAS) would review thelarge-scale sequestration and captureprograms. The EnvironmentalProtection Agency (EPA) wouldconduct a research program to assesspotential impacts of CO2 storage onthe environment, public health, andsafety associated with capture andsequestration. A grant program forgraduate degrees in geologicalsequestration science would beestablished.
Title III of H.R. 6 is similar to TitleIV, Subtitle F of H.R. 3221. Itexpands the DOE program to includecarbon storage and carbon capturedemonstration projects.
Title VII, Subtitle A is similar toTitle IV, Subtitle F of H.R. 3221, butit specifically excludes testsconducted for the FutureGen project.Also, it does not set a limit for thenumber of large-scale carbon capturedemonstration tests. Title VII also states that nothing inSubtitle A authorizes promulgationof any requirement that conflicts withor is inconsistent with the SafeDrinking Water Act. H.R. 6authorizes slightly higherappropriations for Subtitle Acompared to the similar provision inH.R. 3221. Authorizes $240 millionin each fiscal year 2008-2012 forSec. 702 demonstration and testing,and $200 million for Sec. 703, largescale carbon capture for each fiscalyear 2009-2013. Another $1 millionis authorized for Sec. 705 trainingand research, and $5 million “in eachfiscal year” for safety research. Sec.708 authorizes $10 million for agrant program to universities forresearch and development.
H.R. 6 does not include an NASreview of the DOE programs, orestablish a university-based grantprogram for geological sequestrationscience. H.R. 6 does not require thatthe EPA Administrator conductresearch that determines proceduresnecessary to assess impacts of CO2
capture and sequestration on publichealth and safety and on theenvironment. H.R. 3221 authorizes ahigher level of appropriations forprograms under Title IV, Subtitle Fthan H.R. 6.
See also provisions on geological andterrestrial sequestration assessmentand activities, below.
Subtitle G repeals and replacesP.L.101-606, the Global ChangeResearch Act of 1990. Continuesexisting U.S. Global ChangeResearch Program (USGCRP), butunder lead of the White House Officeof Science and Technology Policy,with authority to “allocate” funds.Directs the President to establish an“interagency committee” and developthe National Global Change ResearchPlan (“the Plan”). The Global ChangeResearch Program (“the Program”)implements the Plan. Requires thatthe research program (1) respond toinformation needs of communitiesand decision-makers [Sec. 4614(a)],(2) periodically assess vulnerabilitiesto global change [Sec. 4617]; (3)periodically assess policy options tomitigate or adapt to the effects ofglobal change [Sec. 4618] and (4)report annually to Congress [Sec.4619]. Widens the scope of“research” by adding economic anddemographic research. EstablishesClimate and Other Global DataManagement, including aninteragency working group [Sec.4633], and a Global Change ResearchInformation Exchange [Sec. 4622].
No comparable provision.
Sec. 306, Assessment of CarbonSequestration and Methane andNitrous Oxide Emissions fromTerrestrial Ecosystem, and Sec. 307,Abrupt Climate Change ResearchProgram, are related but narrowerprovisions regarding specificresearch tasks in H.R. 6.
Omitted. “Global change” in H.R. 3221includes climate change and otherenvironmental changes that areglobal in scope. Compared to existinglaw, H.R. 3221 makes the USGCRPmore operational and policy-oriented.Increases the role of potentialdecision-makers in program design.Adds data management to federalagency missions and establishesfederal global change data policies.Includes functions that may not beconsidered “research” under theexisting program, such as:operational data acquisition andmanagement; user or client services;and policy assessment. H.R. 6 movesbudget coordination and reportingfrom the interagency committee tothe President.
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H.R. 3221(Passed House 8/4/2007)
H.R. 6(Passed Senate 6/21/2007)
H.R. 6 (Passed House 12/6/2007;Senate 12/14/2007)
Comments
Subtitle G requires studies andreports to Congress on Ice Sheets[Sec. 4623] and on HurricaneFrequency and Intensity [Sec. 4624],within 18 months after enactment.
No comparable provision. Omitted.
Subtitle H, Sec. 4701, establishescompetitive, cash “H-Prizes” foradvancing hydrogen power [Sec.4701], with reporting to Congress onawards given. Funding comes fromappropriations and sums to be raisedfrom private entities and individualsby the private, non-profit entityadministering the competitions. Theauthority to announce prizecompetitions ends on Sept. 30, 2018.
No comparable provision. Sec. 654 is similar to provisions inH.R. 3221.
The H-Prize program was underGlobal Change Research in H.R.3221 but appears under Title VI — Accelerated Research andDevelopment of House-passed H.R.6.
CARBON-NEUTRAL GOVERNMENTFederal Government Inventory and Management of Greenhouse Gas Emissions
Title VI Subtitle A requires eachfederal agency to annually report itsGHG emissions for the precedingyear, including those due to workperformed by contractors, and all airtravel [Sec. 6101]. The Administratorof the EPA shall promulgate annualGHG reduction targets for eachagency for 2010-2050, to achievezero net GHG emissions by FY2050[Sec. 6102]. Each agency submitsplans and manages its GHGemissions to achieve its targets [Sec.6102(d) and (e)], and submits annualefficiency status reports to theDirector of OMB [Sec. 6209].
No comparable provision. Omitted. See separate, related provisions inboth bills on modifications to theU.S. Capitol power plant to reduce itsGHG emissions, described elsewherein this matrix.
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H.R. 3221(Passed House 8/4/2007)
H.R. 6(Passed Senate 6/21/2007)
H.R. 6 (Passed House 12/6/2007;Senate 12/14/2007)
Comments
Title VI Subtitle A allows agencies toachieve their targets in part throughGHG offsets in FY2015 if nonational mandatory economy-widecap-and-trade program has beenenacted by 2010. Authorizes agenciesto purchase qualified GHG offsets orrenewable energy certificates [Sec.6102(e)(3) and Sec. 6103]. ThePresident may exempt an agency forperiods of one year. Authorizes suchsums as may be necessary, butlimited in each Executive agency orLegislative branch office to no morethan 0.01% of discretionaryappropriations in FY2009 and 2010for purchase of offsets andcertificates. Section 6103 directs theComptroller General to issue a reporton markets for GHG emission offsetsby April 1, 2008, and evaluate thepilot offsets exchange by April 1,2011. The pilot offsets andcertificates project ceases byFY2011.
No comparable provision. Omitted.
Sec. 6102(f) provides for the federalresource management agencies — theForest Service, the Bureau of LandManagement, the National ParkService and the Fish and WildlifeService — to study managementstrategies that would enhance carbonsequestration and reduce negativeimpacts of “global warming,” to testselected strategies, and to report toCongress on results within 4 years ofenactment.
No comparable provision.
See related provisions regardingterrestrial sequestration [Title VII,Subtitle D, Chapter 2, Sec. 7421].
Under Sec. 712(c)(3)(C) theSecretary of the Interior... shall“develop near-term and long-termadaptation strategies or mitigationstrategies that can be employed... toadapt to climate change.”
This provision in House-passed H.R.6 has a narrower definition and scopethan the provision in H.R. 3221, bydefining adaptation as measures toincrease sequestration or reduceemissions of named greenhousegases.
See Natural Resources and WildlifePrograms provisions, below.
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H.R. 3221(Passed House 8/4/2007)
H.R. 6(Passed Senate 6/21/2007)
H.R. 6 (Passed House 12/6/2007;Senate 12/14/2007)
Comments
Federal Government Energy Efficiency — Judicial review
Title VI, Subtitle B, Sec. 6212defines any nondiscretionary act orduty by a federal agency under TitleVI (or under any amendment madeby Title VI) as a “final agencyaction” for purposes of theAdministrative Procedure Act (APA),a statute that limits judicial review offederal agency action to final agencyaction. A person would beconsidered “aggrieved,” as alsorequired by the APA, if he/shealleges harm attributable to a federalagency’s failure to reduce itsgreenhouse gas emissions as required — both “harm” and “attributable”being broadly defined. In addition toAPA remedies, a court would beauthorized to award a payment for abeneficial mitigation project or forcompensating the plaintiff for globalwarming impacts. Limits on theamount of such payments are stated. Costs of litigation could be awardedto a substantially prevailing plaintiff.
No comparable provision. Omitted. In H.R. 3221, the broad definitions of“harm” and “attributable”presumably seek to assure thatpersons suing federal agencies forviolations of Title VI are notthwarted by scientific uncertainty asto whether a federal agency’s failureto reduce GHGs caused specific harmto the plaintiff. However, thesection’s statement of physicalcausation — that a federal agency’semission of more greenhouse gasesthan if Title VI’s requirements hadbeen met will exacerbate globalwarming — may raise constitutionalissues under standing doctrine.
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H.R. 3221(Passed House 8/4/2007)
H.R. 6(Passed Senate 6/21/2007)
H.R. 6 (Passed House 12/6/2007;Senate 12/14/2007)
Comments
NATURAL RESOURCES COMMITTEE PROVISIONSCarbon Capture and Climate Change Mitigation
Title VII, Subtitle D, Chapter 1establishes a program in theDepartment of the Interior (DOI) tobe carried out by the U.S. GeologicalSurvey that would develop amethodology for, and conduct(within 2 years of publication of themethodology) a national assessmentof the CO2 storage capacity of theUnited States. Authorizes $30 milliontotal for fiscal years 2008-2012.
Title III, Sec. 303 establishes thesame program as Title VII, Subtitle Dof H.R. 3221. Authorizes $30million over five years for theprogram.
Sec. 711 is the same as in H.R. 3221Title VII, Subtitle D, Chapter 1. Alsoauthorizes $30 million total for fiscalyears 2008-2012.
House-passed H.R. 6 establishes thesame program as similar provisionsin H.R. 3221 and the Senate-passedversion of H.R. 6.
Title VII, Subtitle D, Chapter 2, Sec.7421. Secretary of the Interior must,in consultation with federal agencyheads, assess terrestrial carbonstorage amounts and processes(following public comment onmethodology) and develop strategiesto enhance sequestration,emphasizing native plant species. Sec. 7424 authorizes $15 milliontotal for fiscal years 2008-2012 tocarry out the assessment andstrategies.
Sec. 306. Secretary of the Interiormust, in consultation with federalagency heads and others, (1) assessterrestrial carbon storage amountsand annual fluxes of carbon (withpublic comment on methodology),(2) develop strategies to enhancestorage, emphasizing native plantspecies, and (3) estimate carbonsequestration capacity under a rangeof policies.
Sec. 712 is very similar to H.R. 3221and Senate-passed H.R. 6. Extendsprovisions to include methane andnitrous oxide emissions, as well ascarbon fluxes. The Secretary shalldevelop strategies both to enhancesequestration and to reduce GHGemissions, as well as to adapt toclimate change. Includes Subsection(e) covering ocean and coastalecosystems. Authorizes $20 milliontotal for fiscal years 2008-2012.
Programs are quite similar. Moredetail in Senate-passed bill onmethodology and its review, withwhom to consult, and on what toassess. House-passed bills containfunding authorization but at differentlevels.
Chapter 3, Sec.7431 requires theDepartment of the Interior tomaintain records, and an inventory,on the amount of CO2 stored fromfederal energy leases.
No comparable provision. Sec. 713 is substantially similar toH.R. 3221 Sec. 7431.
Minor text modifications appearintended to clarify the provision.
Sec. 7432 requires the Secretary ofthe Interior to report on arecommended regulatory andcertification framework forconducting geological carbonsequestration activities on federallands.
Sec. 714 requires a report within oneyear from the Secretary to theCongressional natural resourcescommittees recommending aframework to manage geologicalcarbon sequestration activities onpublic lands. Requires the Secretaryto ensure that all recommendationscomply with all federalenvironmental laws, including theSafe Drinking Water Act (42 U.S.C.300F et seq.).
Provisions in House-passed H.R. 6provision is more extensive anddetailed than in H.R. 3221.
Division A, Chapter 4, Subchapter A,Sec. 7441 requires the Secretary ofthe Interior to establish a NationalResources Management Council onClimate Change to address impactsof climate change on federal lands,the ocean environment, and federalwater infrastructure. Members areheads of specified federal agencies.
No comparable provision. Omitted. Under H.R. 3221, the Council doesnot cover impacts to all naturalresources, nor to private or statelands. “Natural” and “National” areboth used in naming the Council. Inboth Senate and House-passed H.R.6, a Natural Resources ManagementCouncil is not authorized.
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H.R. 3221(Passed House 8/4/2007)
H.R. 6(Passed Senate 6/21/2007)
H.R. 6 (Passed House 12/6/2007;Senate 12/14/2007)
Comments
Division A, Chapter 4, Subchapter A,Sec. 7441 requires the Secretary ofInterior to submit a plan to Congresswithin 1 year describing how federalagencies shall (1) develop a databaseof vulnerabilities to climate change;(2) manage resources taking intoaccount climate change; (3) developprotocols to implement managementchanges; and (4) incorporate sciencein decision-making.
Requires the Secretary of the Interiorto develop adaptation or mitigationstrategies to help terrestrialecosystems adapt to climate change[§306(c)(3)(C)].
Directs the Secretary of the Interiorto develop adaptation and mitigationstrategies for climate change [§712]. Ecosystems under this bill includeany terrestrial, freshwater aquatic, orcoastal ecosystem, including anestuary. Requires restoration andadaptation strategies to emphasizenative plant species.
Directs the Secretary to consult withspecified federal agencies. Secretaryto prepare national assessment ofcarbon storage; methodology forassessment to be published andsubject to peer review and publiccomment. Authorizes $20 millionfor FY2008-FY2012.
The provision authorizing adaptationor mitigation strategies in Senate andHouse-passed H.R. 6 is a componentof a national assessment of carbon,nitrous oxide, and methane emissionsfrom terrestrial ecosystems.
Under House-passed H.R. 6, theSecretary appears to have broadauthority to develop adaptation andmitigation strategies (narrowlydefined to increase sequestrationcapacities or reduce GHG emissions),not just for ecosystems. The termecosystem applies to any terrestrial,freshwater or marine ecosystem. Forocean, coastal, and estuarineecosystems, the Secretary is to “workjointly with the Secretary ofCommerce.”
Subchapter B, Sec. 7452, states thepolicy of the federal government,cooperating with stakeholders, toassist wildlife and their habitats tosurvive and adapt to global warming.
No comparable provision. Omitted.
Sec. 7454 requires a NationalStrategy within two years to assistwildlife and habitats to adapt toclimate changes. Requiresconsultation with federal agenciesand other stakeholders, andconsideration of other federalresource plans, goals and measures.Requires agencies to exerciseexisting authorities to achieve thegoals of the Strategy to the maximumextent possible.
No comparable provision. Omitted. Under H.R. 3221, the NationalStrategy appears to include bothgovernment and private lands, butspecifically will include measures toaddress climate change on federallands. Further, it is unclear howconflicts between the Strategy andother goals, plans or agency practicesmay be resolved.
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H.R. 3221(Passed House 8/4/2007)
H.R. 6(Passed Senate 6/21/2007)
H.R. 6 (Passed House 12/6/2007;Senate 12/14/2007)
Comments
Sec. 7455 establishes a scienceadvisory board, a National GlobalWarming and Wildlife ScienceCenter in the U.S. Geological Surveyto conduct research, and to monitorto detect climate-related changes inwildlife and habitat.
No comparable provision. Omitted.
Sec. 7456 allocates appropriations:45% to implement the Strategy, 25%for the National Policy on Wildlifeand Global Warming, and 30% forgrants to States and Indian tribes.
No comparable provision. Omitted.
Subchapter C, Sec. 7461 authorizes aState and Tribal Wildlife GrantsProgram to benefit wildlife andhabitat. Specifies funding allocationsand cost-sharing. Requires a WildlifeConservation Plan for eligibility.Authorizes such sums that arenecessary.
No comparable provision. Omitted. H.R. 3221 does not specify thatgrants are solely to address impactsof climate change on wildlife andhabitat. Codifies an existing programincluded in appropriations for DOI. Primary change in H.R. 3221 isgreater emphasis on global warmingin program.
Sec. 7472 requires the Secretary ofCommerce to establish a coastalclimate change resiliency planningand response program. Authorizesthe Secretary to make grants to assistcoastal states in developing plans tominimize contributions to climatechange and to prepare forconsequences of climate change inthe coastal zone. Authorizes theSecretary to make grants to enablecoastal states to implement stateplans that have been approved by theSecretary. The provision lists specificstress factors and activities thatfunded projects may address. Authorizes “such sums as arenecessary.”
No comparable provision. Omitted.
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H.R. 3221(Passed House 8/4/2007)
H.R. 6(Passed Senate 6/21/2007)
H.R. 6 (Passed House 12/6/2007;Senate 12/14/2007)
Comments
Enhancing climate change predictions in the oceans
Sec. 7473 establishes a NationalIntegrated Coastal and OceanObservation System (hereafter,System) to gather and disseminatedata used to measure, track, explain,and predict events related to weatherand climate change, natural climatevariability, and oceanic andatmospheric environmentinteractions, including the GreatLakes. The provision lays outresponsibilities for federal and non-federal entities, including a NationalOcean Research Leadership Council,Regional Information CoordinationEntities, a federal InteragencyWorking Group (IWG), a LeadAgency (NOAA), a System AdvisoryCommittee and Joint Centers forenvironmental observationpartnerships to support and maintainthe System. No contract oragreements to develop or procurenew federal assets exceeding $250million in life cycle costs may beagreed without prior congressionalreview. A report to Congress is duewithin two years of enactment, andevery two years thereafter. Anindependent cost estimate report forexisting and planned elements of theSystem is required within one yearafter enactment, and shall besubmitted to Congress withoutrevision.
No comparable provision. Omitted.
CRS-20
H.R. 3221(Passed House 8/4/2007)
H.R. 6(Passed Senate 6/21/2007)
H.R. 6 (Passed House 12/6/2007;Senate 12/14/2007)
Comments
TITLE VIII — TRANSPORTATION AND INFRASTRUCTURESubtitle A — Department of Transportation
Title VIII — Establishes a Center forClimate Change and Environmentwithin the Department ofTransportation that will, incoordination with EPA, study majortransportation projects to identifylow-cost solutions to reducecongestion and transportation-relatedenergy use.
No comparable provision. Title XI — Establishes an Office ofClimate Change and Environmentwithin DOT.
House-passed H.R. 6 provisions aresimilar to H.R. 3221 except that, inaddition to EPA, the Office isdirected to consult with the U.S.Global Change Research Program inconducting its study into the impactof U.S. transportation systems onclimate change. Also, the specificreference to identifying andestablishing a clearinghouse of “low-cost” solutions is eliminated in favorof simply “solutions.”
Title VIII, Subtitle F, Part 3 directsthe Architect of the Capitol (AOC) tooperate the Capitol Power Plant in anenergy efficient manner, includeenergy efficiency measures in theCapitol Complex Master Plan, andencourage the use of E85 fuel andsolar photovoltaic equipment. In Sec.8654, for the purpose of reducingcarbon dioxide emissions, the AOC isdirected to install technologies tocapture and store or use carbondioxide from coal combustion in theCapitol power plant, and to operatethe steam boilers and chiller plant tomaximized energy efficiency andminimize carbon dioxide emissionsand operating costs.
Title III, Sec. 305 (carbonsequestration) requires the Architectof the Capitol to complete afeasibility study and to establish acompetitive grant program todemonstrate the capture and storageor use of carbon dioxide emittedfrom the Capitol power plant as aresult of burning coal.
Title V contains a variety ofprovisions to study options toincrease the energy efficiency anduse of renewable energy in, and toreduce greenhouse gas emissionsfrom, the Capitol Complex. Within 6months of enactment, the Architectof the Capitol shall submit a reporton measures taken and incorporatedinto the Capitol plan. Architect of theCapitol is required to conduct afeasibility study evaluating methodsto capture, store, and use carbondioxide emitted from the CapitolPower Plant. The Architect mayconduct a demonstration project ifthe study shows that carbon captureand storage or use is technologicallyfeasible and economically justified.Authorizes $3 million for the study.
House-passed H.R. 6 contains moreof H.R. 3221’s provisions onefficiency and renewable energy inthe Capitol Complex, and containsthe Senate-passed provisions forstudying carbon capture and storageor use of carbon dioxide.
CRS-21
H.R. 3221(Passed House 8/4/2007)
H.R. 6(Passed Senate 6/21/2007)
H.R. 6 (Passed House 12/6/2007;Senate 12/14/2007)
Comments
Water Resources and Emergency Management Preparedness
Subtitle G-Part 1 establishes anational policy for water resourcesprojects that includes considerationof climate-change related weatherevents among other priorities. Itcreates a 21st Century WaterCommission to evaluate and reporton water resources issues, includingthe effects of climate change, and tomake policy recommendations. Itwould direct the EPA Administratorto enter into an agreement with theNational Academy of Sciences tostudy the impacts of climate changeon watersheds, water resources, andwater quality and to make policyrecommendations. It would direct theSecretary of the Army to ensure thatArmy Corps of Engineers’ waterresources studies and projectsaccount for the effect of climatechange on its projects.
Part 2 directs the Administrator ofthe Federal Emergency ManagementAgency to study the increaseddemand for the agency’s programsand services resulting from theincreased number and intensity ofnatural disasters affected by climatechange, and to report the resultsincluding policy recommendations.
No comparable provision. Omitted.
TITLE XIV — OTHER PROVISIONSCarbon audit of the tax code.
Title XIV, Subtitle A, Sec. 14001requires the Secretary of the Treasuryto contract with the NationalAcademy of Sciences to produce acomprehensive review of the InternalRevenue Code of 1986, to identifythe types of tax provisions that havethe largest effects on carbon andother greenhouse gas emissions, andto estimate the magnitude of thoseeffects. A report is due to Congresswithin two years after enactment.Authorizes $1.5 million for FY2008and FY2009.
No comparable provision. Sec. 1512 is identical to H.R. 3221Title XIV, Subtitle A., Sec. 14001.
