For other versions of this document, see http://wikileaks.org/wiki/CRS-RL32055 ------------------------------------------------------------------------------ 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. ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-RL32055