,,ii #aacth ,,congress #ast ,session ,s4 #ccb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ad1 #bjac ,mr4 ,sanders 7for himself and ,mrs4 ,boxer7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to address climate disruptions1 reduce carbon pollution1 enhance the use of clean energy1 and promote resilience in the infrastructure of the ,united ,states1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,climate ,protection ,act of #bjac4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,,title ,i--,carbon pollution fee ,sec4 #aja4 ,carbon pollution fee4 ,sec4 #ajb4 ,residential environmental rebate program4 ,sec4 #ajc4 ,pollution ,reduction ,trust ,fund4 ,,title ,,ii--,sustainable ,technologies ,finance ,program ,sec4 #bja4 ,sustainable ,technologies ,finance ,program4 ,sec4 #bjb4 ,budgetary effects4 ,,title ,,iii--,environmental protection ,sec4 #cja4 ,regulation of hydraulic fracturing4 ,sec4 #cjb4 ,reports to ,congress4 ,sec4 #cjc4 ,sense of ,congress relating to reduction in greenhouse gas emissions4 ,i ,carbon pollution fee #aja4 ,carbon pollution fee 7a7 ,in general ,title ,i of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq47 is amended by adding at the end the following3 ,e ,carbon pollution fee #aie4 ,definitions ,in this part3 7#a7 ,carbon polluting substance ,the term carbon polluting substance means coal 7including lignite and peat71 petroleum and any petroleum product1 or natural gas that-- 7,a7 when combusted or otherwise used1 will release greenhouse gas emissions2 and 7,b7 is-- 7i7 extracted1 manufactured1 or produced in the ,united ,states2 or 7ii7 imported into the ,united ,states for consumption1 use1 or warehousing4 7#b7 ,carbon pollution-intensive good ,the term carbon pollution-intensive good means a good that is 7as identified by the ,administrator1 by rule7-- 7,a7 iron1 steel1 a steel mill product 7including pipe and tube71 aluminum1 cement1 glass 7including flat1 container1 and specialty glass and fiberglass71 pulp1 paper1 a chemical1 or an industrial ceramic2 7,b7 any other manufactured product that the ,administrator determines-- 7i7 is transferred for purposes of further manufacture2 and 7ii7 generates1 in the course of the manufacture of the product1 direct and indirect greenhouse gas emissions that are comparable 7on an emissions-per-dollar of output basis7 to emissions generated in the manufacture or production of a product identified in subparagraph 7,a72 or 7,c7 a manufactured item-- 7i7 in which #a or more products identified in subparagraph 7,a7 or 7,b7 are inputs2 and 7ii7 the cost of production of which in the ,united ,states is significantly increased by the imposition of a fee under this part4 7#c7 ,first calendar year ,the term first calendar year means the earlier of-- 7,a7 calendar year #bjad2 or 7,b7 the first calendar year beginning at least #ahj days after the date of enactment of this part4 7#d7 ,substantially equivalent measure ,the term substantially equivalent measure means a fee or other regulatory requirement that imposes a cost on manufacturers of carbon pollution-intensive goods located outside the ,united ,states approximately equal to the cost imposed by the fee under this part on manufacturers of comparable carbon pollution-intensive goods located in the ,united ,states4 7#e7 #abth calendar year ,the term #abth calendar year means the calendar year beginning #ab years after the first calendar year4 #aif4 ,imposition of fee 7a7 ,in general ,the ,administrator shall impose on any manufacturer1 producer1 or importer of a carbon polluting substance a fee in accordance with this section4 7b7 ,amount 7#a7 ,in general ,the amount of the carbon pollution fee imposed under subsection 7a7 on any carbon polluting substance shall be assessed per ton of carbon dioxide content 7including carbon dioxide equivalent content of methane7 of the carbon polluting substance1 as determined by the ,administrator1 in consultation with the ,secretary of ,energy4 7#b7 ,fractional part of ton ,in the case of a fraction of a ton of a carbon polluting substance1 the fee imposed under subsection 7a7 shall be the same fraction of the amount of the fee imposed on a whole ton of the carbon polluting substance4 7#c7 ,applicable amount ,for purposes of paragraph 7#a71 the amount of the fee shall be-- 7,a7 for the first calendar year1 #bj2 7,b7 for each calendar year occurring after the first calendar year and before the #abth calendar year1 an amount equal to the sum of-- 7i7 the amount in effect under this paragraph for the preceding calendar year2 and 7ii7 the product 7rounded to the nearest dollar7 obtained by multiplying-- 7,i7 the amount described in clause 7i72 and 7,,ii7 #e4f percent2 and 7,c7 for the #abth calendar year and any calendar year thereafter1 the amount in effect under this paragraph for the preceding calendar year4 7c7 ,single imposition of fee ,no fee shall be imposed under subsection 7a7 with respect to a carbon polluting substance if the person that would be liable for the fee establishes that a prior fee imposed under that subsection has been imposed with respect to that carbon polluting substance4 7d7 ,limitations ,no fee shall be imposed against a person under subsection 7a7 for a calendar year if during that calendar year1 in accordance with such regulations as the ,administrator may prescribe-- 7#a7 the person uses a carbon polluting substance as a feedstock so that the carbon associated with that carbon polluting substance will not be emitted2 7#b7 a fee under subsection 7a7 was paid with respect to another carbon polluting substance that is used by the person in the manufacture or production of the applicable carbon polluting substance2 or 7#c7 the carbon polluting substance is exported4 #aig4 ,carbon equivalency fee 7a7 ,imports 7#a7 ,in general ,the ,administrator shall impose a carbon equivalency fee on imports of carbon pollution-intensive goods that shall be equivalent to the cost that domestic producers of comparable carbon pollution-intensive goods incur as a result of-- 7,a7 fees paid by manufacturers1 producers1 and importers of carbon polluting substances under this part2 and 7,b7 carbon equivalency fees paid by importers of carbon pollution-intensive goods used in the production of the relevant comparable carbon pollution-intensive goods4 7#b7 ,determination of fee amount 7,a7 ,in general ,the amount of the carbon equivalency fee under paragraph 7#a7 shall be-- 7i7 determined annually2 and 7ii7 differentiated by classes of products and country of origin1 taking into account the quantity of greenhouse gas emissions released during the process of manufacturing the carbon pollution-intensive goods and transporting the carbon pollution-intensive goods from the country of origin4 7,b7 ,petitions for adjustment ,the ,administrator shall provide for a process for petitioning for adjustment to any fees determined under this subsection4 7b7 ,use of proceeds 7#a7 ,transfer of funds ,for each applicable fiscal year1 the ,secretary of the ,treasury shall transfer to the ,administrator and the ,secretary of ,transportation an amount equal to #ej percent each of the amounts received during the preceding fiscal year as a result of the carbon equivalency fee imposed under subsection 7a71 without further appropriation4 7#b7 ,use of funds 7,a7 ,environment ,the ,administrator1 in consultation with the ,secretary of ,agriculture1 the ,secretary of the ,interior1 and the ,secretary of ,state1 shall use the amounts transferred under paragraph 7#a7-- 7i7 as a primary purpose1 to provide amounts to ,state and local programs that assist communities in-- 7,i7 adapting to climate change2 7,,ii7 improving the resiliency of critical infrastructure2 and 7,,iii7 protecting environmental quality and wildlife2 and 7ii7 as a secondary purpose1 to meet international commitments made by the ,united ,states to assist with climate change adaptation4 7,b7 ,transportation ,the ,secretary of ,transportation shall use the amounts transferred under paragraph 7#a7 to provide amounts-- 7i7 to ,state and local programs that assist communities in improving the resiliency of critical infrastructure2 and 7ii7 for projects that provide preferential parking for carpools1 including the addition of electric vehicle charging stations1 subject to the condition that the primary purpose of the facilities is the reduction of vehicular traffic on nearby ,federal-aid highways4 7c7 ,expiration ,this section shall cease to have effect at such time as1 and to the extent that-- 7#a7 7,a7 in the case of countries of export that adopt and ratify an international agreement requiring countries that emit greenhouse gases and produce carbon pollution-intensive goods for international markets to adopt equivalent measures1 the international agreement comes into effect2 or 7,b7 the country of export has implemented substantially equivalent measures1 as certified by the ,president of the ,united ,states2 and 7#b7 the actions provided under subsection 7a7 are no longer appropriate1 as determined by the ,administrator4 #aih4 ,report to ,congress ,not later than #e years after the date of enactment of this part1 the ,administrator shall submit to ,congress a report that includes recommendations for-- 7#a7 the administration of the carbon pollution fee program under this part for calendar years beginning after the #abth calendar year1 including a schedule for establishing the amount of the fee for those subsequent calendar years2 and 7#b7 future investments to reduce greenhouse gas emissions and provide resources for climate change adaptation4 4 7b7 ,technical amendments ,title ,,iv of the ,clean ,air ,act 7relating to noise pollution7 7#db ,u4,s4,c4 #gfda et seq47 is-- 7#a7 amended by redesignating sections #dja through #djc as sections #gja through #gjc1 respectively2 and 7#b7 redesignated as title ,,vii and moved to appear at the end of that ,act4 #ajb4 ,residential environmental rebate program 7a7 ,in general ,there is authorized to be appropriated to the ,administrator of the ,environmental ,protection ,agency 7referred to in this section as the ,administrator7 an amount equal to #c_/e of the amounts received in the ,treasury as the result of the fee imposed under section #aif of the ,clean ,air ,act 7as added by section #aja7;a77 to provide a monthly residential environmental rebate to legal residents of the ,united ,states4 7b7 ,regulations ,as soon as practicable after the date of enactment of this ,act1 the ,administrator shall promulgate regulations establishing procedures for the distribution of residential environmental rebates under subsection 7a71 including procedures that provide1 to the maximum extent practicable1 for-- 7#a7 the coordination of the monthly residential environmental rebate with other ,federal and ,state payment mechanisms2 7#b7 the use of electronic transfers of the monthly residential environmental rebates2 and 7#c7 the establishment of an ,office of ,environmental ,rebate ,advocate within the ,environmental ,protection ,agency to assist households with accessing and using the residential environmental rebate program4 7c7 ,administrative costs ,of the amounts reserved for rebates under this section1 not more than #a percent shall be used to administer the program under this section4 #ajc4 ,pollution ,reduction ,trust ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a trust fund to be known as the ,pollution ,reduction ,trust ,fund 7referred to in this section as the ,trust ,fund71 consisting of such amounts as are transferred to the ,trust ,fund under subsection 7b7 and to be used to facilitate the implementation of the carbon pollution reduction program4 7b7 ,transfers to ,trust ,fund ,after setting aside amounts under section #ajb7;a71 there is appropriated to the ,trust ,fund an amount equivalent to the remaining revenues received in the ,treasury as the result of the fee imposed under section #aif of the ,clean ,air ,act 7as added by section #aja7;a774 7c7 ,distribution of amounts ,amounts in the ,trust ,fund for a calendar year shall be available without further appropriation1 as follows3 7#a7 #g1ejj1jjj1jjj shall be available to the ,administrator of the ,environmental ,protection ,agency1 for each of the first #aj calendar years beginning after the date of enactment of this ,act1 to mitigate the economic impacts of the fee imposed under section #aif of the ,clean ,air ,act 7as added by section #aja7;a77 on energy-intensive and trade-exposed industries1 to be distributed in accordance with regulations promulgated by the ,administrator1 subject to the requirement that the ,administrator shall reserve not less than of those amounts for energy efficiency investments in energy-intensive or trade-exposed industries4 7#b7 #e1jjj1jjj1jjj shall be available to the ,secretary of ,energy to carry out the ,weatherization ,assistance ,program for ,low-,income ,persons established under part ,a of title ,,iv of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfa et seq47 for each of the first #aj calendar years beginning after the date of enactment of this ,act4 7#c7 #a1jjj1jjj1jjj shall be available to the ,secretary of ,labor for each of the first #aj calendar years beginning after the date of enactment of this ,act for job training1 education1 and transition assistance for individuals employed by the fossil fuel industry seeking to transition to clean energy jobs4 7#d7 #b1jjj1jjj1jjj shall be available for the ,advanced ,research ,projects ,agency-,energy for each of the first #aj calendar years beginning after the date of enactment of this ,act4 7#e7 ,the balance shall be used for ,federal budget deficit reduction4 ,,ii ,sustainable ,technologies ,finance ,program #bja4 ,sustainable ,technologies ,finance ,program 7a7 ,establishment ,the ,administrator of the ,environmental ,protection ,agency 7referred to in this section as the ,administrator7 shall establish a program1 and promulgate any necessary regulations to carry out the program1 to be known as the ,sustainable ,technologies ,finance ,program1 under which the ,administrator shall provide loans1 credit instruments1 loan guarantees1 and other financial assistance1 including in the form of assistance for public-private partnerships1 for eligible projects carried out in the ,united ,states that reduce greenhouse gas emissions4 7b7 ,eligible projects ,a project shall be eligible to receive financial assistance under this section if the project reduces greenhouse gas emissions as determined by the ,administrator1 and uses-- 7#a7 a technology for-- 7,a7 energy efficiency2 7,b7 combined heat and power2 7,c7 solar energy1 including-- 7i7 photovoltaic energy2 7ii7 thermal energy2 7iii7 wind energy2 and 7iv7 geothermal energy1 including groundsource heat pumps2 7,d7 biomass or biofuels that are not sourced from food crops2 7,e7 ocean1 tidal1 or hydropower energy2 7,f7 electric vehicle infrastructure2 7,g7 advanced battery or energy storage2 or 7,h7 rail1 transit1 or public transportation2 or 7#b7 any other transportation technology that offers a reduction in greenhouse gas emissions1 as determined by the ,administrator4 7c7 ,applications ,to be eligible to receive financial assistance under this section1 the owner or operator of an eligible project shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require4 7d7 ,priority ,in providing financial assistance under this section1 the ,administrator shall give priority to projects that provide the largest greenhouse gas emissions reductions per ,federal dollar invested1 as determined by the ,administrator4 7e7 ,funding 7#a7 ,in general ,notwithstanding any other provision of law1 on ,october #a1 #bjac1 and on each ,october #a thereafter through ,october #a1 #bjbb1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,administrator for the cost of grants1 loans1 and loan guarantees to carry out this section1 #e1jjj1jjj1jjj1 to remain available until expended4 7#b7 ,receipt and acceptance ,the ,administrator shall be entitled to receive1 shall accept1 and shall use to carry out this section the funds transferred under paragraph 7#a71 without further appropriation4 7#c7 ,administrative costs ,of the amounts made available to carry out this section1 the ,administrator may use not more than #b percent for each fiscal year for the administration of this section4 #bjb4 ,budgetary effects ,the budgetary effects of this title1 for the purpose of complying with the ,statutory ,pay-,as-,you-,go ,act of #bjaj1 shall be determined by reference to the latest statement titled ,budgetary ,effects of ,,paygo ,legislation for this ,act1 submitted for printing in the ,congressional ,record by the ,chairman of the ,senate ,budget ,committee1 provided that such statement has been submitted prior to the vote on passage4 ,,iii ,environmental protection #cja4 ,regulation of hydraulic fracturing 7a7 ,disclosure ,section #adba7;b7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;h7b77 is amended-- 7#a7 by striking paragraph 7#b72 7#b7 by redesignating paragraph 7#c7 as paragraph 7#b72 and 7#c7 by adding at the end the following3 7#c7 ,disclosures of chemical constituents 7,a7 ,in general ,a person conducting hydraulic fracturing operations shall disclose to the ,state 7or to the ,administrator1 in any case in which the ,administrator has primary enforcement responsibility in a ,state71 by not later than such deadlines as shall be established by the ,state 7or the ,administrator7-- 7i7 before the commencement of any hydraulic fracturing operations at any area or a portion of a area1 a list of chemicals intended for use in any underground injection during the operations 7including identification of the chemical constituents of mixtures1 ,chemical ,abstracts ,service numbers for each chemical and constituent1 material safety data sheets when available1 and the anticipated volume of each chemical to be used72 and 7ii7 after the completion of hydraulic fracturing operations described in clause 7i71 the list of chemicals used in each underground injection during the operations 7including identification of the chemical constituents of mixtures1 ,chemical ,abstracts ,service numbers for each chemical and constituent1 material safety data sheets when available1 and the volume of each chemical used74 7,b7 ,public availability ,the ,state 7or the ,administrator1 as applicable7 shall make available to the public the information contained in each disclosure of chemical constituents under subparagraph 7,a71 including by posting the information on an appropriate ,internet website4 7,c7 ,immediate disclosure in case of medical emergency 7i7 ,in general ,subject to clause 7ii71 the regulations promulgated pursuant to subsection 7a7 shall require that1 in any case in which the ,state 7or the ,administrator1 as applicable7 or an appropriate treating physician or nurse determines that a medical emergency exists and the proprietary chemical formula or specific chemical identity of a trade-secret chemical used in hydraulic fracturing is necessary for medical treatment1 the applicable person using hydraulic fracturing shall1 upon request1 immediately disclose to the ,state 7or the ,administrator7 or the treating physician or nurse the proprietary chemical formula or specific chemical identity of a trade-secret chemical1 regardless of the existence of-- 7,i7 a written statement of need2 or 7,,ii7 a confidentiality agreement4 7ii7 ,requirement ,a person using hydraulic fracturing that makes a disclosure required under clause 7i7 may require the execution of a written statement of need and a confidentiality agreement as soon as practicable after the determination by the ,state 7or the ,administrator7 or the treating physician or nurse under that clause4 7,d7 ,no public disclosure required ,nothing in subparagraph 7,a7 or 7,b7 authorizes a ,state 7or the ,administrator7 to require the public disclosure of any proprietary chemical formula4 4 7b7 ,definitions ,section #adba7;d7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;h7d77 is amended by striking paragraph 7#a7 and inserting the following3 7#a7 ,underground injection 7,a7 ,in general ,the term underground injection means the subsurface emplacement of fluids by well injection4 7,b7 ,inclusion ,the term underground injection includes the underground injection of fluids or propping agents pursuant to hydraulic fracturing operations relating to oil or gas production activities4 7,c7 ,exclusion ,the term underground injection does not include the underground injection of natural gas for the purpose of storage4 4 7c7 ,state primary enforcement responsibility ,section #adbb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;h-#a7 is amended by striking subsection 7c7 and inserting the following3 7c7 ,disapproval of a ,state program 7#a7 ,in general ,if the ,administrator disapproves a ,state program 7or part of a program7 under subsection 7b77#b7 or determines under subsection 7b77#c7 that a ,state no longer meets the requirements of clause 7i7 or 7ii7 of subsection 7b77#a77;,a71 or if a ,state fails to submit an application or notice before the date of expiration of the period specified in subsection 7b77#a71 not later than #ij days after the date of the disapproval1 determination1 or expiration 7as applicable71 the ,administrator1 by regulation1 shall prescribe 7and may from time to time by regulation revise7 a program applicable to the ,state that meets the requirements of section #adba7;b74 7#b7 ,other program not in effect ,a program prescribed by the ,administrator under paragraph 7#a7 shall apply in the ,state to the extent that a program adopted by the ,state that the ,administrator determines meets the requirements of clause 7i7 or 7ii7 of subsection 7b77#a77;,a7 is not in effect4 7#c7 ,opportunity for public hearing ,before promulgating any regulation under this section1 the ,administrator shall provide an opportunity for a public hearing with respect to the regulation4 4 7d7 ,enforcement of program ,section #adbc7;c7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;h-#b7 is amended-- 7#a7 by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 ,in general ,in any case in which the ,administrator is authorized to bring a civil action under this section with respect to any regulation or other requirement of this part1 the ,administrator may also issue an order under this subsection that assesses a civil penalty of not more than #aj1jjj for each day of violation for any past or current violation1 up to a maximum administrative penalty of #abe1jjj or requires compliance with the regulation or other requirement1 or both4 2 and 7#b7 by redesignating paragraphs 7#c7 through 7#h7 as paragraphs 7#b7 through 7#g71 respectively4 7e7 ,optional demonstration by states relating to oil or natural gas 7#a7 ,in general ,section #adbe of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;h-#d7 is repealed4 7#b7 ,conforming amendments 7,a7 ,the first sentence of section #adbc7;a77#a7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;h-#b7;a77#a77 is amended by striking or section #adbe7;c74 7,b7 ,section #addc7;c77#b7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#b7;c77#b77 is amended by striking the second sentence4 #cjb4 ,reports to ,congress 7a7 ,fugitive methane emissions ,not later than #b years after the date of enactment of this ,act1 the ,administrator of the ,environmental ,protection ,agency shall submit to ,congress a report describing the quantity of fugitive methane emissions emitted as a result of any leak in natural gas infrastructure1 including recommendations for eliminating each such leak4 7b7 ,other greenhouse gas emissions ,the ,administrator of the ,environmental ,protection ,agency shall enter into an agreement with the ,national ,academy of ,sciences under which the ,academy shall conduct a study1 and1 not later than #b years after the date of enactment of this ,act1 submit to ,congress a report describing-- 7#a7 the quantity of ,united ,states greenhouse gas emissions not covered by a program under this ,act 7or an amendment made by this ,act72 and 7#b7 recommendations for programs to reduce emissions of those greenhouse gases4 #cjc4 ,sense of ,congress relating to reduction in greenhouse gas emissions ,it is the sense of ,congress that the ,united ,states should carry out activities to ensure that1 by ,january #a1 #bjej1 the total quantity of greenhouse gas emissions released in the ,united ,states is reduced by not less than #hj percent1 as compared to the total quantity of greenhouse gas emissions released during calendar year #bjje4