HR 2454

 
To create clean energy jobs, achieve energy independence, reduce global warming pollution and transition to a clean energy economy.
Sponsor: Henry A. Waxman (D) CA
 
Status: Passed
 
Govit Voted No 76%
H600400M
Gov Voted No 49%
H600400G
 
 
 
 
 
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Summary:
5/15/2009--Introduced.American Clean Energy and Security Act of 2009 - Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to establish a combined efficiency and renewable electricity standard that requires utilities to supply an increasing percentage of their demand from a combination of energy efficiency savings and renewable energy (6% in 2012, 9.5% in 2014, 13% in 2016, 16.5% in 2018, and 20% in 2021-2039). Provides for: (1) issuing, trading, banking, retiring, and verifying renewable electricity credits; and (2) prescribing standards to define and measure electricity savings from energy efficiency and energy conservation measures. Amends the Clean Air Act (CAA) to require the Administrator of the Environmental Protection Agency (EPA) to: (1) set forth a national strategy to address barriers to the commercial-scale deployment of carbon capture and sequestration; (2) establish an approach to certify and permit geologic sequestration; and (3) promulgate regulations to minimize the risk of escape to the atmosphere of carbon dioxide injected for purposes of geological sequestration. Amends the Safe Drinking Water Act to require the Administrator to promulgate regulations for sequestration wells. Sets forth: (1) a process to establish a Carbon Storage Research Corporation to collect assessments from distribution utilities of fossil fuel-based electricity delivered directly to consumers; and (2) performance standards for new coal-fired power plants. Amends PURPA to provide for the development of electric vehicle infrastructure. Requires the Secretary of Energy (Secretary) to establish: (1) a large-scale vehicle electrification program; and (2) a program to provide financial assistance for the manufacture of plug-in electric drive vehicles. Requires the Administrator to establish a program under which a state may create a State Energy and Environment Development Account. Sets forth provisions concerning the development of a smart grid, including provisions: (1) amending the Energy Policy and Conservation Act to provide for the inclusion of smart grid capability information on appliance energy guide labels; (2) requiring the Federal Energy Regulatory Commission (FERC) to support load-serving entities in developing their peak demand reduction goals; (3) amending the Energy Policy Act of 2005 to reauthorize the energy efficiency public information program and to include smart grid information in it; and (4) reauthorizing the energy efficient and smart appliance rebate program and revising it to include smart-grid features. Amends the Federal Power Act to require FERC to adopt electricity grid planning principles derived from a federal policy (established by this Act) on electric grid planning that facilitates the deployment of renewable and other zero-carbon energy sources for generating electricity to reduce greenhouse gases (GHGs) while ensuring reliability, reducing congestion, ensuring cyber-security, and providing for cost-effective electricity services. Amends the Energy Policy and Conservation Act to revise: (1) rules regarding improving energy efficiency in industrial equipment; (2) efficiency standards for electric motors; (3) conservation standards for lighting and appliances; and (4) the Energy Conservation Program for Consumer Products Other Than Automobiles. Requires the Secretary to establish Clean Energy Innovation Centers to promote commercial deployment of clean, indigenous energy alternatives to fossil fuels, to reduce GHG emissions, and to ensure that the United States maintains a lead in developing and deploying state-of-the-art energy technologies. Amends the Energy Conservation and Production Act to revise energy conservation standards for new buildings. Requires the Administrator to establish: (1) standards for a national energy and environmental building retrofit policy for residences; and (2) a building energy performance labeling program. Establishes a rebate program to assist low-income households residing in pre-1976 manufactured homes in purchasing new Energy Star qualified manufactured homes. Requires the Secretary to establish a Best-in-Class Appliances Deployment Program. Requires the President to use statutory authorities to set motor vehicle emissions standards. Amends the CAA to require the Administrator to promulgate standards applicable to GHG emissions from specified mobile sources, including heavy-duty vehicles and engines, new marine vessels, locomotives, and aircraft. Establishes within EPA a SmartWay Transport Program, a SmartWay Transport Partnership program, and a SmartWay Financing Program. Requires the Secretary to establish a program to make monetary awards to encourage owners and operators of electric energy generation facilities or thermal energy production facilities using fossil or nuclear fuel to use innovative means of recovering any thermal energy that is a potentially useful byproduct of their processes to: (1) generate additional electric energy; or (2) make sales of thermal energy not used for electric generation, in the form of steam, hot water, chilled water, or desiccant regeneration, or for other commercially valid purposes. Authorizes the Secretary to make grants to community development organizations to provide financing to businesses and projects that improve energy efficiency, develop alternative, renewable, and distributed energy supplies, provide technical assistance and promote job and business opportunities for low-income residents, and increase energy conservation in low income rural and urban communities. Safe Climate Act - Amends the CAA to require the Administrator to promulgate regulations to: (1) 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; and (2) establish a federal GHG registry. Designates 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 establishes a carbon dioxide equivalent value for each gas. Prohibits any person from manufacturing, introducing into interstate commerce, or emitting a significant quantity of certain fluorinated gas that is generated as a byproduct during the production or use of another fluorinated gas. Requires the Administrator to establish specified emission allowances (annual tonnage limits) for: (1) each of 2012-2049; and (2) 2050 and thereafter. Provides for the establishment and distribution of compensatory allowances for the destruction and conversionary use of fluorinated gases and the nonemissive use of petroleum-based or coal-based liquid or gaseous fuel, petroleum coke, natural gas liquid, or natural gas as a feedstock. Phases in prohibitions against covered entities (including electricity sources, fuel producers and importers, industrial gas producers and importers, geological sequestration sites, industrial stationary sources, industrial fossil fuel-fired combustion devices, natural gas local distribution companies, nitrogen trifluoride sources, algae-based fuels, and fugitive emissions) exceeding allowable emission levels. Requires covered entities to demonstrate compliance through: (1) holding emission allowances (including international emission or compensatory allowances) at least as great as attributable emissions (as specified); or (2) using offset credits. Sets forth penalties for noncompliance. Provides for trading, banking and borrowing, auctioning, selling, exchanging, transferring, holding, or retiring emission allowances. Requires the Administrator to: (1) establish a strategic reserve account and place into that account specified amounts (ranging from 1% to 3%) of the emission allowances for each of calendar years 2012-2050; and (2) auction such strategic reserve allowances once each quarter of each of such years. Requires stationary sources subject to the CAA to have permits that require the covered entity to hold a number of emission allowances at least equal to the total annual amount of carbon dioxide equivalents for its combined emissions and attributable GHG emissions. Authorizes the Administrator to designate an international climate change program as a qualifying international program for purposes of international emission allowances provisions, if certain conditions are met. Establishes the Offsets Integrity Advisory Board. Requires the Administrator, considering the Board's recommendations, to promulgate regulations establishing a program for the issuance of offset credits. Requires the Administrator to promulgate regulations concerning reducing GHG emissions from deforestation in developing countries. Sets forth provisions governing the disposition of emission allowances, including specifying allocations: (1) for supplemental emissions reductions from reduced deforestation; (2) for the benefit of electricity, natural gas, and/or home heating oil and propane consumers; (3) for auction, with proceeds for the benefit of low income consumers and worker investment; (4) to energy-intensive, trade-exposed industries; (5) for the deployment of carbon capture and sequestration technology; (6) to invest in energy efficiency and renewable energy; (7) to be distributed to Clean Energy Innovation Centers; (8) to invest in the development and deployment of clean vehicles; (9) to domestic refiners; (10) for domestic and international adaptation; (11) for domestic wildlife and natural resource adaptation; and (12) for international clean technology deployment. Requires the Administrator to auction off certain unused allowances and to deposit the proceeds for 2012-2025 into the Treasury and for 2026-2050 into the Climate Change Dividend Fund. Requires the President to distribute funds in the Consumer Climate Change Rebate Fund (established by this Act) to U.S. households. Amends the CAA to require the Administrator to promulgate GHG emission performance standards 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; or (2) are responsible for at least 10% of the uncapped methane emissions. Requires the Administrator to promulgate regulations to phase down the consumption of and regulate the production of HFCs. Specifies consumption allowances for: (1) each of 2012-2032; and (2) 2033 and thereafter. Provides for: (1) the distribution, auction, banking, exchange, and international transfer of such allowances; and (2) the issuance of offset credits for the destruction of chlorofluorocarbons. Establishes the Stratospheric Ozone and Climate Protection Fund, into which the Administrator shall deposit all proceeds from the sale of such allowances. Requires the Administrator to promulgate regulations to reduce emissions of black carbon (light absorbing component of carbonaceous aerosols) or propose a finding that existing CAA regulations adequately regulate such emissions. Prohibits states from implementing a cap and trade program that covers any capped emissions emitted during 2012-2017. Amends the Federal Power Act to require FERC to promulgate regulations for the establishment, operation, and oversight of markets for regulated allowances. Requires the President to establish an interagency working group on carbon market oversight. Amends the Commodity Exchange Act to provide for transactions in derivatives that involve energy commodities. Gives the Commodity Futures Trading Commission (CFTC) jurisdiction over the establishment, operations, and oversight of markets for regulated allowance derivatives. Amends the CAA to require the Administrator to: (1) distribute emission allowance rebates to eligible industrial sectors (with eligibility based on specified energy, GHG, or trade intensity criteria); and (2) provide for the sale of and require submission of international reserve allowances by U.S. importers of products of industrial sectors that the President determines have suffered certain negative impacts from compliance with GHG emission requirements. Sets forth provisions concerning green jobs and worker transition, including: (1) authorizing the Secretary of Education to award grants to eligible partnerships to develop programs of study focused on emerging careers and jobs in renewable energy, energy efficiency, and climate change mitigation; and (2) providing climate change adjustment assistance to adversely affected workers. Amends the Internal Revenue Code to allow certain low income taxpayers a refundable energy tax credit to compensate such taxpayers for reductions in their purchasing power, as identified and calculated by the Environmental Protection Agency (EPA), resulting from regulation of GHGs. Requires: (1) the Administrator to implement the Energy Refund Program to give low-income households a monthly cash energy refund equal to the estimated loss in purchasing power resulting from this Act; (2) the Secretary of State to oversee distributions of allowances from the International Clean Technology Account; (3) the President to establish within the United States Global Change Research Program a National Climate Change Adaptation Program; (4) the Secretary of Commerce to establish within the National Oceanic and Atmospheric Administration (NOAA) a National Climate Service; (5) the Secretary of Health and Human Services (HHS) to publish a strategic action plan to assist health professionals in preparing for and responding to the impacts of climate change; (6) the President to develop a Natural Resources Climate Change Adaptation Strategy; and (7) the Secretary of State to establish an International Climate Change Adaptation Program.
 
Text of Legislation:

HR 2454 IH

111th CONGRESS

1st Session

H. R. 2454

To create clean energy jobs, achieve energy independence, reduce global warming pollution and transition to a clean energy economy.

IN THE HOUSE OF REPRESENTATIVES

May 15, 2009

Mr. WAXMAN (for himself and Mr. MARKEY of Massachusetts) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Foreign Affairs, Financial Services, Education and Labor, Science and Technology, Transportation and Infrastructure, Natural Resources, Agriculture, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To create clean energy jobs, achieve energy independence, reduce global warming pollution and transition to a clean energy economy.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title- This Act may be cited as the ‘American Clean Energy and Security Act of 2009’.

    (b) Table of Contents- The table of contents for this Act is as follows:

      Sec. 1. Short title; table of contents.

      Sec. 2. Definitions.

TITLE I--CLEAN ENERGY

Subtitle A--Combined Efficiency and Renewable Electricity Standard

      Sec. 101. Combined efficiency and renewable electricity standard.

‘Sec. 610. Combined efficiency and renewable electricity standard.

Subtitle B--Carbon Capture and Sequestration

      Sec. 111. National strategy.

      Sec. 112. Regulations for geologic sequestration sites.

‘Sec. 813. Geologic sequestration sites.

      Sec. 113. Studies and reports.

      Sec. 114. Carbon capture and sequestration demonstration and early deployment program.

      Sec. 115. Commercial deployment of carbon capture and sequestration technologies.

      Sec. 116. Performance standards for coal-fueled power plants.

‘Sec. 812. Performance standards for new coal-fired power plants.

Subtitle C--Clean Transportation

      Sec. 121. Electric vehicle infrastructure.

      Sec. 122. Large-scale vehicle electrification program.

      Sec. 123. Plug-in electric drive vehicle manufacturing.

      Sec. 124. Investment in clean vehicles.

Subtitle D--State Energy and Environment Development Accounts

      Sec. 131. Establishment of SEED Accounts.

      Sec. 132. Support of State renewable energy and energy efficiency programs.

Subtitle E--Smart Grid Advancement

      Sec. 141. Definitions.

      Sec. 142. Assessment of Smart Grid cost effectiveness in products.

      Sec. 143. Inclusions of Smart Grid capability on appliance ENERGY GUIDE labels.

      Sec. 144. Smart Grid peak demand reduction goals.

      Sec. 145. Reauthorization of energy efficiency public information program to include Smart Grid information.

      Sec. 146. Inclusion of Smart-Grid features in appliance rebate program.

Subtitle F--Transmission Planning

      Sec. 151. Transmission planning.

‘Sec. 216A. Transmission planning.

Subtitle G--Technical Corrections to Energy Laws

      Sec. 161. Technical corrections to Energy Independence and Security Act of 2007.

      Sec. 162. Technical corrections to Energy Policy Act of 2005.

Subtitle H--Clean Energy Innovation Centers

      Sec. 171. Clean energy innovation centers.

Subtitle I--Marine Spatial Planning

      Sec. 181. Study of ocean renewable energy and transmission planning and siting.

TITLE II--ENERGY EFFICIENCY

Subtitle A--Building Energy Efficiency Programs

      Sec. 201. Greater energy efficiency in building codes.

‘Sec. 304. Greater energy efficiency in building codes.

      Sec. 202. Building retrofit program.

      Sec. 203. Energy efficient manufactured homes.

      Sec. 204. Building energy performance labeling program.

Subtitle B--Lighting and Appliance Energy Efficiency Programs

      Sec. 211. Lighting efficiency standards.

      Sec. 212. Other appliance efficiency standards.

      Sec. 213. Appliance efficiency determinations and procedures.

‘Sec. 334. Jurisdiction and venue.

      Sec. 214. Best-in-Class Appliances Deployment Program.

      Sec. 215. Purpose of Energy Star.

Subtitle C--Transportation Efficiency

      Sec. 221. Emissions standards.

‘Part B--Mobile Sources

‘Sec. 821. Greenhouse gas emission standards for mobile sources.

      Sec. 222. Greenhouse gas emissions reductions through transportation efficiency.

‘Part D--Planning Requirements

‘Sec. 841. Greenhouse gas emissions reductions through transportation efficiency.

      Sec. 223. SmartWay transportation efficiency program.

‘Sec. 822. SmartWay transportation efficiency program.

      Sec. 224. State vehicle fleets.

Subtitle D--Industrial Energy Efficiency Programs

      Sec. 241. Industrial plant energy efficiency standards.

      Sec. 242. Electric and thermal waste energy recovery award program.

      Sec. 243. Clarifying election of waste heat recovery financial incentives.

Subtitle E--Improvements in Energy Savings Performance Contracting

      Sec. 251. Energy savings performance contracts.

Subtitle F--Public Institutions

      Sec. 261. Public institutions.

      Sec. 262. Community energy efficiency flexibility.

      Sec. 263. Small community joint participation.

      Sec. 264. Low income community energy efficiency program.

TITLE III--REDUCING GLOBAL WARMING POLLUTION

      Sec. 301. Short title.

Subtitle A--Reducing Global Warming Pollution

      Sec. 311. Reducing global warming pollution.

‘TITLE VII--GLOBAL WARMING POLLUTION REDUCTION PROGRAM

‘Part A--Global Warming Pollution Reduction Goals and Targets

‘Sec. 701. Findings and purpose.

‘Sec. 702. Economy-wide reduction goals.

‘Sec. 703. Reduction targets for specified sources.

‘Sec. 704. Supplemental pollution reductions.

‘Sec. 705. Review and program recommendations.

‘Sec. 706. National academy review.

‘Sec. 707. Presidential response and recommendations.


Full Text of Legislation
 
Subject Name:
 
All Actions:

Actions Date
Action Text
5/15/2009
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Foreign Affairs, Financial Services, Education and Labor, Science and Technology, Transportation and Infrastructure, Natural Resources, Agriculture, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
5/15/2009
Referred to House Energy and Commerce
5/15/2009
Referred to House Foreign Affairs
5/15/2009
Referred to House Financial Services
5/15/2009
Referred to House Education and Labor
5/15/2009
Referred to House Science and Technology
5/15/2009
Referred to House Transportation and Infrastructure
5/15/2009
Referred to House Natural Resources
5/15/2009
Referred to House Agriculture
5/15/2009
Referred to House Ways and Means
5/18/2009
Committee Hearings Held.
5/19/2009
Committee Hearings Held.
5/20/2009
Committee Hearings Held.
5/21/2009
Committee Hearings Held.
5/21/2009
Committee Consideration and Mark-up Session Held.
5/18/2009
Referred to the Subcommittee on Aviation.
5/18/2009
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
5/18/2009
Referred to the Subcommittee on Highways and Transit.
5/18/2009
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
5/18/2009
Referred to the Subcommittee on Water Resources and Environment.
6/4/2009
Mr. Hoyer asked unanimous consent that the Committee on Energy and Commerce have until 11:59 p.m. on June 5 to file a report on H.R. 2454. Agreed to without objection.
6/5/2009
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 111-137, Part I.
6/5/2009
House Committee on Financial Services Granted an extension for further consideration ending not later than June 19, 2009.
6/5/2009
House Committee on Science and Technology Granted an extension for further consideration ending not later than June 19, 2009.
6/5/2009
House Committee on Transportation Granted an extension for further consideration ending not later than June 19, 2009.
6/5/2009
House Committee on Natural Resources Granted an extension for further consideration ending not later than June 19, 2009.
6/5/2009
House Committee on Agriculture Granted an extension for further consideration ending not later than June 19, 2009.
6/5/2009
House Committee on Ways and Means Granted an extension for further consideration ending not later than June 19, 2009.
6/5/2009
Committee on Education and Labor discharged.
6/5/2009
Committee on Foreign Affairs discharged.
6/19/2009
Committee on Financial Services discharged.
6/19/2009
Committee on Science and Technology discharged.
6/19/2009
Committee on Transportation discharged.
6/19/2009
Committee on Natural Resources discharged.
6/19/2009
Committee on Agriculture discharged.
6/19/2009
Committee on Ways and Means discharged.
6/5/2009
Committee on Education and Labor discharged.
6/5/2009
Committee on Foreign Affairs discharged.
6/5/2009
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 111-137, Part I.
6/26/2009
Rules Committee Resolution H. Res. 587 Reported to House. Rule provides for consideration of H.R. 2454 with 3 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order. In lieu of the amendment recommended by the Committee on Energy and Commerce now printed in the bill, an amendment in the nature of a substitute consisting of the text of H.R. 2998, modified by an amendment printed in part A of this report shall be considered as adopted.
6/26/2009
Rule H. Res. 587 passed House.
6/26/2009
Considered under the provisions of rule H. Res. 587.
6/26/2009
Rule provides for consideration of H.R. 2454 with 3 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order. In lieu of the amendment recommended by the Committee on Energy and Commerce now printed in the bill, an amendment in the nature of a substitute consisting of the text of H.R. 2998, modified by an amendment printed in part A of this report shall be considered as adopted.
6/26/2009
DEBATE - The House proceeded with three hour of debate on H.R. 2454.
6/26/2009
DEBATE - Pursuant to the provisions of H.Res. 587, the House proceeded with 30 minutes of debate on the Forbes amendment.
6/26/2009
6/26/2009
On passage Passed by recorded vote: 219 - 212 (Roll no. 477).
7/6/2009
Received in the Senate, read the first time.
6/11/2009
Referred to the Subcommittee on Higher Education, Lifelong Learning, and Competitiveness.
 
Titles:

To create clean energy jobs, achieve energy independence, reduce global warming pollution and transition to a clean energy economy.
American Clean Energy and Security Act of 2009
Safe Climate Act
American Clean Energy and Security Act of 2009
Safe Climate Act
American Clean Energy and Security Act of 2009
Global Change Research and Data Management Act of 2009
GREEN Act of 2009
Green Resources for Energy Efficient Neighborhoods Act of 2009
National Climate Service Act of 2009
Safe Climate Act
 
Committee:

Referral, In Committee
Referral, In Committee
Referral, In Committee
Referral, In Committee
Referral, In Committee
Referral, In Committee
Referral, In Committee
Referral, In Committee
Referral, In Committee
Referral, Hearings, Markup, In Committee
Referral
Referral
Referral
Referral
Referral
Referral, Hearings, Markup, Reporting
Referral, Discharged
Referral, Discharged
Referral, Discharged
Referral, Discharged
Referral, Discharged
Referral, Discharged
Referral, Discharged
Referral, Discharged
Referral
 
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