,,ii #aadth ,,congress #ast ,session ,s4 #bcii ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #aj1 #bjae ,mr4 ,sanders introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to provide for emissions reductions1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,climate ,protection and ,justice ,act of #bjae4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings and purposes4 ,sec4 #c4 ,statement of policy4 ,sec4 #d4 ,sense of ,congress4 ,sec4 #e4 ,definition of ,administrator4 ,,title ,i--,achieving emissions reductions ,sec4 #aja4 ,carbon pollution fee4 ,sec4 #ajb4 ,carbon ,fee ,rebate ,program4 ,,title ,,ii--,protecting vulnerable people of the ,united ,states from the impacts of climate change ,subtitle ,a--,ensuring climate justice for all ,sec4 #bja4 ,findings4 ,sec4 #bjb4 ,definitions4 ,sec4 #bjc4 ,climate ,justice ,resiliency ,council4 ,sec4 #bjd4 ,climate ,justice ,resiliency ,grant ,program4 ,sec4 #bje4 ,low-income and municipal energy efficiency4 ,subtitle ,b--,strengthening environmental protections for communities disproportionately impacted by climate change ,sec4 #baa4 ,ending toxic air pollution from incinerators4 ,,title ,,iii--,protecting and enhancing ,united ,states manufacturing ,sec4 #cja4 ,carbon equivalency fee border adjustments for carbon pollution-intensive goods4 ,sec4 #cjb4 ,carbon equivalency fee fund4 ,,title ,,iv--,protecting agriculture and enhancing farm opportunities ,sec4 #dja4 ,rural ,energy for ,america ,program4 ,sec4 #djb4 ,soil quality improvement4 ,sec4 #djc4 ,nitrous oxide emissions reductions4 ,,title ,v--,wholesale demand response ,sec4 #eja4 ,wholesale demand response4 ,sec4 #ejb4 ,general right to neutrality of interconnection4 #b4 ,findings and purposes 7a7 ,findings ,congress finds that-- 7#a7 greenhouse gases are accumulating in the atmosphere at a rate that may cause average temperatures to rise #h degrees ,fahrenheit or more2 7#b7 the expected rise in average temperatures poses a risk of-- 7,a7 increasing global average air and ocean temperatures2 7,b7 widespread melting of snow and ice2 and 7,c7 rising global average sea level2 7#c7 the overwhelming majority of the scientific community is clear that climate change is-- 7,a7 real2 7,b7 caused by human activity2 and 7,c7 already causing devastating problems in the ,united ,states and around the world2 and 7#d7 mandatory steps will be required to move aggressively to transform the energy system of the ,united ,states away from fossil fuels to energy efficiency and sustainable energy4 7b7 ,purposes ,the purposes of this ,act are-- 7#a7 to reduce1 in conjunction with other laws1 emissions of carbon pollution to ensure that the contribution of the ,united ,states to global climate change is lower than the level required to keep global average temperature increases below #b degrees ,celsius2 7#b7 to implement solutions that acknowledge the intersections of environmental degradation that perpetuate racial1 social1 and economic inequities2 7#c7 to protect the lives of low-income1 minority1 and tribal communities and reinvest in those communities2 7#d7 to empower communities to prepare for1 and react to1 the impacts of climate change that are already being experienced by communities2 and 7#e7 to demonstrate to the international community a commitment by the ,government of the ,united ,states to aggressively reduce carbon pollution emissions4 #c4 ,statement of policy ,it is the policy of the ,united ,states that-- 7#a7 the ,government of the ,united ,states should lead the international community in an aggressive transition away from fossil fuels and toward sustainable energy2 7#b7 the ,government of the ,united ,states should tax carbon pollution to capture the price on the atmosphere and motivate significant reductions in emissions2 and 7#c7 the transition away from fossil fuels shall focus on climate justice1 which requires solutions that consider-- 7,a7 the needs of workers2 and 7,b7 the manners in which the causes and effects of climate change disproportionately impact low-income and minority communities4 #d4 ,sense of ,congress ,it is the sense of ,congress that ,congress agrees with the opinion of virtually the entire worldwide scientific community that-- 7#a7 climate change is real2 7#b7 climate change is caused by human activities2 7#c7 climate change has already caused devastating problems in the ,united ,states and around the world2 7#d7 a brief window of opportunity exists before the ,united ,states and the entire planet suffer irreparable harm2 and 7#e7 it is imperative that the ,united ,states transform the energy system of the ,united ,states away from fossil fuels and toward energy efficiency and sustainable energy as rapidly as possible4 #e4 ,definition of ,administrator ,in this ,act1 the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 ,i ,achieving emissions reductions #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 ,emissions reductions #aid4 ,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 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 ceramic4 7#c7 ,rate of inflation ,the term rate of inflation means the cost-of-living adjustment determined under section #a7;f77#c7 of the ,internal ,revenue ,code of #aihf for the calendar year in which the taxable year begins1 determined by substituting calendar year #bjag for calendar year #aiib in subparagraph 7,b7 of that section4 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 #aie4 ,emissions reductions targets ,it is the policy of the ,united ,states that greenhouse gas emissions from all sectors of the ,united ,states economy should not exceed-- 7#a7 #e1hjj1jjj1jjj tons in #bjbj2 7#b7 #c1gjj1jjj1jjj tons in #bjcj2 7#c7 #b1ejj1jjj1jjj tons in #bjdj2 and 7#d7 #a1bfj1jjj1jjj tons in #bjej4 #aif4 ,carbon pollution fee 7a7 ,in general ,the ,secretary of the ,treasury1 in consultation with the ,administrator1 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 ,secretary of the ,treasury1 in consultation with the ,administrator and 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 calendar years #bjag through #bjce ,for purposes of paragraph 7#a71 the amount of the fee for the following calendar years shall be-- ,fee year,fee rate 7dollars per metric ton7#bjagaebjahagbjaiaibjbjbabjbabdbjbbb gbjbccjbjbdccbjbecfbjbfcibjbgdabjbhddbjb idgbjcjejbjcaedbjcbehbjccfcbjcdfhbjcegc4 7#d7 ,applicable amount after calendar year #bjce ,for purposes of paragraph 7#a71 for each calendar year occurring after calendar year #bjce1 the amount of the fee shall be an amount equal to the sum of-- 7,a7 the amount in effect for the preceding calendar year2 and 7,b7 the product 7rounded to the nearest dollar7 obtained by multiplying-- 7i7 the amount described in subparagraph 7,a72 and 7ii7 #e percent1 plus the rate of inflation4 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 if during the calendar year1 in accordance with such regulations as the ,secretary of the ,treasury1 in consultation with the ,administrator1 may prescribe-- 7#a7 for a calendar year before calendar year #bjcf1 the person uses a carbon polluting substance as a feedstock so that the carbon associated with that carbon polluting substance will not be emitted2 or 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 substance4 #aig4 ,interagency ,climate ,council 7a7 ,establishment ,there is established a council1 to be known as the ,interagency ,climate ,council 7referred to in this section as the ,council74 7b7 ,membership ,the ,council shall be composed of-- 7#a7 the ,administrator1 who shall be the ,chairperson2 7#b7 the ,secretary of the ,treasury2 7#c7 the ,secretary of ,energy2 7#d7 the ,secretary of ,transportation2 7#e7 the ,secretary of ,commerce2 7#f7 the ,secretary of the ,interior2 7#g7 the ,secretary of ,agriculture2 7#h7 the ,director of the ,office of ,science and ,technology ,policy2 7#i7 the ,director of the ,office of ,management and ,budget2 and 7#aj7 the ,chairperson of the ,council of ,environmental ,quality4 7c7 ,activities 7#a7 ,efficacy assessment ,beginning in #bjbj and every #c years thereafter1 the ,council shall assess the efficacy of ,federal1 ,state1 and local actions in effect as of the date of the assessment1 including ,federal statutory or regulatory policies and policies established by the ,climate ,protection and ,justice ,act of #bjae1 in achieving the greenhouse gas emissions reduction targets described in section #aie4 7#b7 ,reduction opportunities ,the ,council shall identify and evaluate potential greenhouse gas emissions reductions opportunities in all sectors of the economy1 including opportunities for the promulgation under this ,act of new or updated regulations for stationary and mobile sources4 7d7 ,regulations ,if the ,council finds1 in carrying out an assessment under subsection 7c77#a71 that the ,united ,states has not met any emissions reductions target described in section #aie1 or if there is substantial risk that the ,united ,states may not meet an emissions reduction target described in that section1 the ,administrator shall1 not later than #b years after the date of the assessment by the ,council1 promulgate final regulations under this ,act to update existing regulations or establish new regulations relating to a sector of the economy identified by the ,council1 with sufficient stringency and coverage to ensure that the ,united ,states meets the emissions reductions target4 #aih4 ,savings provisions 7a7 ,in general ,for purposes of other provisions of this ,act1 nothing in this part shall-- 7#a7 affect the regulatory status of carbon dioxide or any other greenhouse gas2 or 7#b7 limit regulatory authority relating to carbon dioxide or any other greenhouse gas4 7b7 ,no preemption ,nothing in this chapter shall preempt or limit ,state or local actions to address climate change4 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 ,carbon ,fee ,rebate ,program 7a7 ,definitions ,in this section3 7#a7 ,eligible dividend recipient ,the term eligible dividend recipient includes-- 7,a7 a citizen of the ,united ,states2 7,b7 a lawful permanent resident of the ,united ,states2 7,c7 an individual whom the ,president may designate as meeting the requirements for deferred action described in the ,department of ,homeland ,security memorandum entitled ,exercising ,prosecutorial ,discretion with ,respect to ,individuals ,who ,came to the ,united ,states ,as ,children 7dated ,june #ae1 #bjab72 7,d7 an individual whom the ,president may designate as meeting the requirements for deferred action described in the ,department of ,homeland ,security memorandum entitled ,exercising ,prosecutorial ,discretion with ,respect to ,individuals ,who ,came to the ,united ,states ,as ,children and with ,respect to ,certain ,individuals ,who ,are the ,parents of ,u4,s4 ,citizens or ,permanent ,residents 7dated ,november #bj1 #bjad72 7,e7 an asylee2 7,f7 a refugee2 and 7,g7 any other individual designated by the ,president4 7#b7 ,fund ,the term ,fund means the ,carbon ,fee ,rebate ,fund established by subsection 7c77#a74 7b7 ,office of ,climate ,dividend ,there is established an office within the ,department of the ,treasury1 to be known as the ,office of ,climate ,dividend1 which shall administer the distribution of carbon fee rebates under subsection 7d74 7c7 ,carbon ,fee ,rebate ,fund 7#a7 ,in general ,there is established in the ,treasury a fund1 to be known as the ,carbon ,fee ,rebate ,fund4 7#b7 ,deposits to ,fund ,for each fiscal year1 there shall be deposited in the ,fund1 amounts collected from fees imposed under section #aif of the ,clean ,air ,act4 7#c7 ,expenditures ,amounts deposited in the ,fund shall be available without appropriation for the purposes described in subsection 7d74 7d7 ,carbon ,fee ,rebate ,program 7#a7 ,in general ,on a quarterly basis1 the ,secretary of the ,treasury shall remit from the ,fund to each eligible dividend recipient a carbon fee dividend1 which1 except as provided in paragraph 7#c71 shall be in an amount equal to-- 7,a7 the receipts from the fee imposed under section #aif of the ,clean ,air ,act for the preceding quarter1 divided by 7,b7 the number of eligible dividend recipients on the last day of the preceding quarter4 7#b7 ,regulations ,the ,secretary of the ,treasury shall promulgate regulations governing the dispersal of funds under paragraph 7#a71 including-- 7,a7 procedures for the identification and maintenance of an accurate list of eligible dividend recipients2 7,b7 the disbursement of funds to individuals under the age of #ah years2 and 7,c7 the use of electronic means for transfers of funds1 to the maximum extent practicable4 7#c7 ,phase out of carbon tax dividend for high income households 7,a7 ,in general ,the amount of the carbon fee dividend for any eligible dividend recipient under paragraph 7#a7 7determined without regard to this paragraph7 shall be reduced by the amount determined under subparagraph 7,b74 7,b7 ,amount of reduction ,the amount determined under this subparagraph is the amount which bears the same ratio to the amount which would be paid under paragraph 7#a7 as-- 7i7 the excess of-- 7,i7 the eligible individual's adjusted gross income for the most recent taxable year1 over 7,,ii7 the #ajj1jjj1 bears to 7ii7 the phaseout range4 7,c7 ,phaseout range ,for purposes of subparagraph 7,b71 the phaseout range is-- 7i7 in the case of an eligible taxpayer who filed a joint return1 #aj1jjj1 7ii7 in the case of an eligible taxpayer who filed as a head of household1 #h1jjj1 and 7iii7 in the case of any other eligible taxpayer1 #e1jjj4 7,d7 ,inflation adjustment 7i7 ,in general ,in the case of any calendar year beginning after #bjag1 the #ajj1jjj amount in subparagraph 7,b77i77,,ii7 shall be increased by an amount equal to-- 7,i7 such dollar amount1 multiplied by 7,,ii7 the cost-of-living adjustment determined under section #a7;f77#c7 of the ,internal ,revenue ,code of #aihf1 by substituting #bjaf for #aiib in subparagraph 7,b7 thereof4 7ii7 ,inflation adjustment ,the amount of any increase under clause 7i7 shall be rounded to the nearest multiple of #e1jjj4 7,e7 ,definitions ,any term used in this paragraph which is also used in the ,internal ,revenue ,code of #aihf shall have the meaning given such term under such ,code4 ,,ii ,protecting vulnerable people of the ,united ,states from the impacts of climate change ,a ,ensuring climate justice for all #bja4 ,findings ,congress finds that-- 7#a7 minority and low-income communities in the ,united ,states are disproportionately affected by the causes of climate change because-- 7,a7 according to a #bjab study by the ,national ,association for the ,advancement of ,colored ,people-- 7i7 the nearly #f1jjj1jjj people in the ,united ,states who live within #c miles of a coal power plant have an average per capita annual income of #ah1djj1 which is lower than the national average of #ba1ehg2 and 7ii7 among the people who live within #c miles of a coal power plant1 #ci percent are people of color1 while people of color comprise only #cf percent of the total population of the ,united ,states2 7,b7 #hb4c percent of ,native ,americans and ,alaska ,natives live within #ej miles of major sources of ,,no and ,,no#b and #fe4h percent of ,native ,americans and ,alaska ,natives live within #be miles of ,,pm-#aj point sources2 and 7,c7 the ,centers for ,disease ,control and ,prevention has found that-- 7i7 ,african-,americans are #b to #c times more likely to die from asthma than any other racial or ethnic group2 7ii7 ,african-,american and ,hispanic children visit emergency departments for asthma care more often than ,caucasian children2 7iii7 more than #a in #d ,african-,american adults cannot afford routine doctor visits2 7iv7 nearly #a in #g ,hispanic adults cannot afford routine doctor visits2 7v7 ,hispanic individuals are #cj percent more likely to visit the hospital for asthma2 and 7vi7 ,hispanic children are #dj percent more likely to die from asthma than ,caucasian children2 and 7#b7 minority and low-income people of the ,united ,states are disproportionately affected by the impacts of climate change because-- 7,a7 hurricanes disproportionately impact low-income and minority communities1 and regarding ,hurricane ,katrina in #bjje-- 7i7 after the hurricane1 people of color were much less likely to return to the homes in ,new ,orleans from which those individuals were evacuated2 7ii7 according to the ,bureau of ,labor and ,statistics1 only #ed percent of ,african-,americans who were evacuated during ,hurricane ,katrina returned to ,new ,orleans1 compared to #hb percent of ,caucasian evacuees2 7iii7 the damage occurred in areas-- 7,i7 with populations that were #de4h percent ,african-,american1 compared to undamaged areas with populations that were #bf4d percent ,african-,american2 and 7,,ii7 in which #bj4i percent of the households had incomes below the poverty line1 compared to undamaged areas in which #ae4c percent of the households had incomes below the poverty line2 7iv7 ,african-,americans are estimated to have accounted for approximately #dd percent of the ,hurricane ,katrina victims2 7v7 #a_/e of the individuals displaced by ,hurricane ,katrina were likely to have been poor1 and #cj percent of those individuals had incomes that were below #aej percent of the poverty line2 and 7vi7 nearly #a_/b of all individuals aged #fe or older who live in flooded or damage-affected areas report having a disability1 and #bf percent of those individuals report having #b or more types of disabilities2 7,b7 extreme weather disproportionately impacts low-income and minority communities1 and regarding ,hurricane ,sandy in #bjab-- 7i7 #hj1jjj residents living in low-income housing lost power1 heat1 and hot water for more than #b weeks in the middle of winter2 7ii7 #a in #e public housing units and almost #a in #g affordable rental housing units were damaged2 7iii7 in contrast to the effects of ,hurricane ,sandy on low-income communities1 ,wall ,street went back to business with the lights on and stock tickers running only #b days after ,hurricane ,sandy hit ,new ,york ,city2 7iv7 #ee percent of the victims of ,hurricane ,sandy in ,new ,york ,city were very-low-income renters1 with incomes that averaged #ah1jjj per year2 7v7 #fg percent of recipients of assistance from the ,federal ,emergency ,management ,agency were low-income individuals2 and 7vi7 the median rent paid by households affected by ,hurricane ,sandy has increased #bjj per month since the date ,hurricane ,sandy hit ,new ,york ,city2 7,c7 heat waves disproportionately impact low-income and minority communities because-- 7i7 ,african-,americans are #eb percent more likely than ,caucasians to live in dense1 urban neighborhoods that may be #bb degrees ,fahrenheit hotter than rural neighborhoods1 which increases the risk of health complications for ,african-,americans1 including death from heat-related complications2 7ii7 although access to air conditioning lowers the risk of mortality from heat-related health complications by #hj percent1 #a in #e low-income households has no access to air conditioning2 7iii7 in #bjaa and #bjab1 drought and heat waves affected communities with median incomes that were #e percent lower than the national average2 7iv7 heat waves-- 7,i7 cause more deaths in the ,united ,states than all other weather events combined2 and 7,,ii7 are particularly dangerous for ,hispanic people1 who are disproportionately likely to have low incomes2 7v7 the number of unhealthy red alert air quality days in more than #ab cities in the eastern ,united ,states-- 7,i7 will likely double due to increased ozone formation caused by rising temperatures2 and 7,,ii7 will increase rates of asthma complications for ,hispanic people1 who are also at risk for cardiovascular conditions2 and 7vi7 by the end of the #bast century1 climate change is projected to triple the average number of extremely hot days in the ,united ,states1 the consequences of which-- 7,i7 include-- 7aa7 thousands of premature deaths annually by #bajj2 7bb7 nearly #b1jjj1jjj1jjj lost labor hours per year2 and 7cc7 over #ajj1jjj1jjj1jjj in lost wages annually2 and 7,,ii7 disproportionately burden ,hispanic people1 who comprise-- 7aa7 #db percent of construction laborers2 and 7bb7 approximately #ge percent of agricultural field workers2 7,d7 floods disproportionately impact low-income and minority communities1 for example-- 7i7 in #bjaa and #bjab1 floods affected communities with median incomes that were #ad percent lower than the national average2 and 7ii7 in ,june #bjaa1 extreme ,missouri ,river rain runoff hit record highs and caused #a1ejj1jjj1jjj in damages1 including damages in communities in ,arkansas and ,mississippi with median incomes that were #bc percent and #cj percent lower1 respectively1 than the national average2 7,e7 tornadoes disproportionately impact low-income and minority communities-- 7i7 because even though mobile homes comprise only #h percent of housing in the ,united ,states1 #a_/b of all fatalities during tornadoes are fatalities of individuals who reside in mobile homes2 and 7ii7 with the deadliest tornado in the history of the ,united ,states having occurred in ,joplin1 ,missouri1 a community with-- 7,i7 a median income that is #bi percent lower than the national average2 and 7,,ii7 a #bj-percent poverty rate2 7,f7 wildfires disproportionately impact low-income and minority communities1 for example-- 7i7 the ,ash ,creek ,fire devastated an ,indian reservation on which-- 7,i7 #a_/c of the families live below the poverty line2 and 7,,ii7 #b_/c of the adults are unemployed2 and 7ii7 the most destructive wildfire in ,texas history destroyed almost #a1gjj homes in ,bastrop1 a community with #ad percent of households at1 or below1 the poverty line2 7,g7 droughts disproportionately impact low-income and minority communities because-- 7i7 droughts are expected to increase the prices of fruits and vegetables by roughly #c percent in #bjae1 which increases the economic burden of nutrition on low-income families2 7ii7 in ,california1 farmworkers1 of whom #ib percent identify as ,latino and #c_/d earn less than #bjj percent of the ,federal poverty level1 are projected to experience significant employment difficulties related to drought2 7iii7 all of the ,indian tribes in the ,state of ,arizona and several ,indian tribes in the ,states of ,new ,mexico1 ,colorado1 ,utah1 ,nevada1 and ,california have ,indian reservations 7as defined in section #c of the ,indian ,financing ,act of #aigd 7#be ,u4,s4,c4 #adeb77 within the ,colorado ,river watershed1 which is predicted to be reduced by approximately #de percent by #bjej2 and 7iv7 approximately #cj percent of the people of the ,navajo ,nation-- 7,i7 are not served by municipal water systems2 and 7,,ii7 risk severe water shortages due to worsening droughts caused by climate change2 and 7,h7 7i7 sea level rise and erosion disproportionately impact low-income and minority communities2 7ii7 in #bjjh1 the ,comptroller ,general of the ,united ,states found that more than #hf percent of the #baf ,alaska ,native villages are already subject to flooding and erosion caused by increasing temperatures due to climate change2 and 7iii7 the land under the village of ,newtok1 ,alaska1 is eroding at the rate of #gb feet per year1 which may require the village to move4 #bjb4 ,definitions ,in this subtitle3 7#a7 ,climate impacts ,the term climate impacts-- 7,a7 means the damage to the health of human and natural environments1 habitats1 and the economy caused by factors including erratic climate and weather extremes due to excess carbon pollution in the atmosphere2 and 7,b7 includes-- 7i7 the increased frequency of-- 7,i7 extreme weather such as hurricanes1 tornadoes1 and snow storms2 7,,ii7 floods2 7,,iii7 wildfires2 7,,iv7 droughts2 7,v7 disease2 and 7,,vi7 heat waves2 7ii7 sea level rise2 7iii7 ocean acidification2 and 7iv7 altered-- 7,i7 ecosystems and habitats2 and 7,,ii7 soil health and crop availability4 7#b7 ,climate justice resiliency project ,the term climate justice resiliency project means a project1 plan1 fund1 or other proposal to mitigate climate impacts on a climate resiliency hotspot community4 7#c7 ,climate resiliency hotspot community ,the term climate resiliency hotspot community means a community that is-- 7,a7 likely to experience climate impacts2 7,b7 traditionally unable to afford the management or mitigation of climate impacts2 and 7,c7 likely to receive a high score in the report described in section #bjd7;h74 7#d7 ,council ,the term ,council means the ,climate ,justice ,resiliency ,council established by section #bjc7;a74 7#e7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state2 7,b7 an ,indian tribe2 7,c7 a territory2 7,d7 a municipality2 7,e7 a county2 7,f7 a locality2 7,g7 a native ,hawaiian community2 and 7,h7 a nonprofit community organization4 7#f7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 #bjc4 ,climate ,justice ,resiliency ,council 7a7 ,establishment ,there is established within the ,environmental ,protection ,agency1 a council to be known as the ,climate ,justice ,resiliency ,council4 7b7 ,membership ,the ,council shall be composed of-- 7#a7 the ,administrator1 who shall serve as the ,chairperson of the ,council2 7#b7 the ,secretary of ,health and ,human ,services2 7#c7 the ,secretary of ,housing and ,urban ,development2 7#d7 the ,secretary of ,agriculture2 7#e7 the ,secretary of ,transportation2 7#f7 the ,director of the ,office of ,science and ,technology ,policy2 7#g7 the ,secretary of ,energy2 7#h7 the ,secretary of ,labor2 and 7#i7 the ,secretary of the ,interior4 7c7 ,activities ,the ,administrator1 in consultation with the ,council1 may promulgate regulations to carry out the ,climate ,justice ,resiliency ,grant ,program under section #bjd4 #bjd4 ,climate ,justice ,resiliency ,grant ,program 7a7 ,in general ,the ,administrator1 in consultation with the ,council1 shall establish a ,climate ,justice ,resiliency ,grant ,program to provide block grants to eligible entities with the goal of promoting climate justice resiliency projects described in subsection 7f74 7b7 ,environmental justice study 7#a7 ,in general ,to facilitate administration of grants under this section1 not later than #a year after the date of enactment of this ,act1 the ,council shall conduct a county-by-county or equivalent regional or tribal environmental justice study to identify climate resiliency hotspot communities4 7#b7 ,requirements ,the study described in paragraph 7#a7-- 7,a7 shall be conducted in consultation with-- 7i7 climate resiliency hotspot communities2 and 7ii7 communities that are likely to receive a high score in the report described in subsection 7h72 7,b7 shall identify localities based on geographical proximity to climate impacts1 socioeconomic1 public health1 and environmental hazard criteria2 and 7,c7 may include an area-- 7i7 that is disproportionately affected by climate impacts or other hazards that lead to negative public health effects1 exposure1 or environmental degradation2 7ii7 with a concentration of individuals who have-- 7,i7 a low income2 7,,ii7 high unemployment2 7,,iii7 a low level of homeownership2 7,,iv7 a high rent burden2 7,v7 a low level of educational attainment2 or 7,,vi7 a disproportionate health burden2 or 7iii7 with a climate-sensitive population4 7c7 ,eligibility for grant funds 7#a7 ,multi-year plan 7,a7 ,in general ,to be eligible to receive a grant under this section1 an eligible entity shall submit to the ,council a plan for a climate justice resiliency investment for not less than #e years that describes climate justice resiliency projects to be prioritized based on the study carried out under subsection 7b74 7,b7 ,contents ,the multi-year plan described in subparagraph 7,a7 shall include-- 7i7 a description of-- 7,i7 the proposed climate justice resiliency project2 and 7,,ii7 the climate resiliency hotspot communities intended to benefit from the proposed climate justice resiliency project2 7ii7 the expected climate resiliency improvement benefits2 and 7iii7 a funding level request4 7d7 ,application process ,the ,council shall establish application requirements for participation in the ,climate ,justice ,resiliency ,grant ,program4 7e7 ,grant funds ,the ,administrator1 in consultation with the ,council1 shall award to eligible entities grant funds commensurate with the duration and scope of the proposed climate justice resiliency project4 7f7 ,climate justice resiliency projects 7#a7 ,in general ,an eligible entity may use grant funds made available in accordance with subsection 7a7 for a climate justice resiliency project1 including-- 7,a7 a project relating to-- 7i7 climate impact disaster adaptation and planning2 7ii7 wetland restoration2 7iii7 mine reclamation2 7iv7 a seawall1 levee1 or other coastal flood mitigation effort2 7v7 the development of-- 7,i7 a community evacuation plan2 7,,ii7 resources for safe and complete evacuation2 7,,iii7 a community plan for returning after an evacuation2 or 7,,iv7 a plan and funding for the relocation of ,indian tribes in the event of a climate impact disaster2 7vi7 brownfields redevelopment2 7vii7 rural water and waste disposal2 7viii7 lead and asbestos hazard reduction in homes with high flood1 hurricane1 or sea level rise exposure risk2 7ix7 flood mapping1 planning1 and adaptation2 7x7 public transportation2 7xi7 vehicle traffic emissions exposure reduction2 7xii7 a road or bridge that facilitates disaster evacuation2 7xiii7 a local food cooperative or market2 7xiv7 public sewage2 7xv7 broadband ,internet2 7xvi7 a microgrid2 7xvii7 air conditioning units for low-income housing2 or 7xviii7 emergency communication infrastructure2 7,b7 a fund established to assist evacuees to return home after an evacuation2 or 7,c7 a disaster loan4 7#b7 ,exclusions ,an eligible entity shall not use funds made available in accordance with subsection 7a7 for an activity relating to-- 7,a7 the generation of electricity2 7,b7 carbon capture or sequestration2 or 7,c7 a highway4 7g7 ,cost-,sharing requirement ,the ,council-- 7#a7 shall require eligible entities that receive funds under this section to enter into a cost-sharing agreement for1 at a minimum1 #bj percent of the total cost of the proposed climate justice resiliency project2 and 7#b7 may1 at the discretion of the ,council1 waive the cost-sharing requirement described in paragraph 7#a74 7h7 ,report to ,congress ,not later than #ahj days after the date of enactment of this ,act1 the ,council shall submit to the appropriate committees of ,congress a report that describes-- 7#a7 in detail the manner in which this section has been carried out2 and 7#b7 the results of the study carried out under subsection 7b71 including a score for each locality studied based on the level of climate impacts experienced by the locality4 7i7 ,funding ,notwithstanding any other provision of law1 on ,october #a1 #bjaf1 and on each ,october #a thereafter1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,administrator for the cost of grants to carry out this section #bj1jjj1jjj1jjj1 to remain available until expended4 #bje4 ,low-income and municipal energy efficiency 7a7 ,weatherization ,assistance ,program 7#a7 ,in general ,part ,a of title ,,iv of the ,energy ,conservation and ,production ,act is amended by striking section #dbb 7#db ,u4,s4,c4 #fhgb7 and inserting the following3 #dbb4 ,funding 7a7 ,in general ,notwithstanding any other provision of law1 on ,october #a1 #bjaf1 and on each ,october #a thereafter1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary for the cost of grants to carry out this part #a1ejj1jjj1jjj1 to remain available until expended4 7b7 ,receipt and acceptance ,the ,secretary shall be entitled to receive1 shall accept1 and shall use to carry out this part the funds transferred under subsection 7a71 without further appropriation4 4 7#b7 ,technical correction ,section #dae of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfe7 is amended1 in subsections 7d7 and 7e77#a77;,a71 by striking section #dbb7;b7 each place it appears and inserting section #dbb4 7b7 ,energy ,efficiency and ,conservation ,block ,grant ,program ,section #edh of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaeh7 is amended by striking subsection 7a7 and inserting the following3 7a7 ,in general 7#a7 ,grants ,notwithstanding any other provision of law1 on ,october #a1 #bjaf1 and on each ,october #a thereafter1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary for the cost of grants to carry out this section #cj1jjj1jjj1 to remain available until expended4 7#b7 ,receipt and acceptance ,the ,secretary 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 4 ,b ,strengthening environmental protections for communities disproportionately impacted by climate change #baa4 ,ending toxic air pollution from incinerators ,section #abi7;g7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdbi7;g77 is amended-- 7#a7 by redesignating paragraphs 7#a71 7#b71 7#d71 7#e71 and 7#f7 as paragraphs 7#g71 7#e71 7#a71 7#d71 and 7#b71 respectively2 7#b7 by moving the paragraphs so as to appear in alphabetical order2 7#c7 in paragraph 7#b7 7as so redesignated71 by striking 7#b7 and all that follows through have the meanings and inserting the following3 7#b7 ,medical waste ,the term medical waste shall have the meaning 2 and 7#d7 by inserting after paragraph 7#e7 7as so redesignated7 the following3 7#f7 ,solid waste 7,a7 ,in general ,the term solid waste includes-- 7i7 whole1 shredded1 or otherwise processed tires2 7ii7 tire-derived fuel2 7iii7 hogged fuel1 including fuel from wood pallets2 7iv7 paper2 7v7 paper or cardboard recycling residuals1 including-- 7,i7 paper-derived fuel cubes2 7,,ii7 paper fines2 and 7,,iii7 paper and cardboard rejects2 7vi7 construction and demolition debris2 7vii7 animal-- 7,i7 manure2 and 7,,ii7 bedding material2 7viii7 any plastic2 7ix7 non-hazardous solvents2 7x7 residue from wet and dry pollution control systems2 7xi7 automotive shredder residue or fluff2 7xii7 wood1 including railroad ties and utility poles1 that is-- 7,i7 creosote-treated2 7,,ii7 borate-treated2 7,,iii7 sap-stained2 or 7,,iv7 otherwise treated2 7xiii7 any material derived or processed from any material described in clauses 7i7 through 7xii72 and 7xiv7 any material derived or processed from municipal waste4 7,b7 ,regulatory definition ,the ,administrator shall ensure that all regulations of the ,administrator define the term solid waste in a manner consistent with subparagraph 7,a74 4 ,,iii ,protecting and enhancing ,united ,states manufacturing #cja4 ,carbon equivalency fee border adjustments for carbon pollution-intensive goods 7a7 ,in general ,there is imposed on each person importing a carbon pollution-intensive good into the ,united ,states a fee in an amount that is equal to the cost that a producer of a good that is comparable to the carbon pollution-intensive good 7as determined by the ,secretary of the ,treasury1 in consultation with the ,administrator1 the ,secretary of ,state1 and the ,secretary of ,energy7 and is produced in the ,united ,states incurs as a result of-- 7#a7 any fee imposed under section #aif of the ,clean ,air ,act1 as added by section #aja of this ,act-- 7,a7 paid by the producer of the comparable good with respect to a carbon-polluting substance used in the production of the comparable good2 or 7,b7 paid by a person that imported a carbon-polluting substance used in the production of the comparable good2 and 7#b7 any fee imposed under this subsection paid by a person that imported a carbon pollution-intensive good that was used in the production of the comparable good4 7b7 ,determination of fee amount 7#a7 ,in general ,in determining the amount of the fee imposed under subsection 7a7 with respect to a carbon pollution-intensive good1 the ,secretary of the ,treasury shall-- 7,a7 determine the amount of the fee annually2 and 7,b7 determine different amounts for such goods-- 7i7 based on class of good and country of origin2 and 7ii7 taking into account the quantity of greenhouse gas emissions released during the process of manufacturing such goods and transporting such goods from the country of origin to the ,united ,states4 7#b7 ,petitions for adjustment ,the ,secretary of the ,treasury shall establish a process for petitioning for adjustment of the fee imposed under subsection 7a74 7c7 ,termination ,the fee imposed under subsection 7a7 shall cease to apply with respect to goods imported from a country at such time as1 and to the extent that-- 7#a7 7,a7 in the case of a country that adopts and ratifies an international agreement requiring countries that emit greenhouse gases and produce carbon pollution-intensive goods for exportation to adopt substantially equivalent measures1 that agreement takes effect2 or 7,b7 in the case of a country that has not adopted and ratified such an agreement1 the country has implemented substantially equivalent measures1 as determined by the ,president2 and 7#b7 the ,secretary of the ,treasury determines that the application of the fee with respect to imports from that country is no longer appropriate4 7d7 ,regulations ,the ,secretary of the ,treasury1 in consultation with the ,administrator1 the ,secretary of ,commerce1 and the ,secretary of ,energy1 shall prescribe such regulations as are necessary to carry out this section4 7e7 ,definitions ,in this section1 the terms carbon pollution-intensive good and substantially equivalent measure have the meanings given those terms in section #aid of the ,clean ,air ,act1 as added by section #aja of this ,act4 #cjb4 ,carbon equivalency fee fund 7a7 ,establishment ,there is established in the ,treasury a fund1 to be known as the ,carbon ,equivalency ,fee ,fund 7in this section referred to as the ,fund74 7b7 ,deposits to fund ,in each fiscal year1 there shall be deposited in the ,fund amounts collected from fees imposed under section #cja7;a74 7c7 ,expenditures ,amounts deposited in the ,fund shall be available without further appropriation in a fiscal year1 as follows3 7#a7 ,the lesser of #aej1jjj1jjj1 or #e percent of amounts in the ,fund1 shall be made available to the ,secretary of ,commerce for the ,hollings ,manufacturing ,extension ,partnership under section #be of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bghk74 7#b7 ,twenty percent of such amounts shall be made available to the ,secretary of ,energy1 to be used1 in consultation with the ,secretary of ,commerce1 for activities of the ,advanced ,manufacturing ,office of the ,office of ,energy ,efficiency and ,renewable ,energy4 7#c7 ,thirty percent of such amounts shall be made available to the ,secretary of ,energy for the ,state ,energy ,program1 to be used exclusively by energy offices of ,states and territories to promote energy efficiency projects at industrial facilities within the jurisdiction of such ,states and territories4 7#d7 ,any of such amounts remaining after distributions under paragraphs 7#a71 7#b71 and 7#c7 shall be made available to the ,secretary of ,energy for industrial energy efficiency programs authorized under part ,e of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcda et seq47 or subtitle ,d of title ,,iv of the ,energy ,independence and ,security ,act of #bjjg 7,public ,law #aaj-adj2 #aba ,stat4 #afbc74 ,,iv ,protecting agriculture and enhancing farm opportunities #dja4 ,rural ,energy for ,america ,program ,section #ijjg7;g7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajg7;g77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,d71 by striking and at the end2 7,b7 in subparagraph 7,e71 by striking year #bjad and each fiscal year thereafter4 and inserting years #bjad and #bjae2 and2 and 7,c7 by adding at the end the following3 7,f7 #ejj1jjj1jjj for fiscal year #bjaf and each fiscal year thereafter4 2 7#b7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7#c7 by inserting after paragraph 7#b7 the following3 7#c7 ,biodigester funding ,of the funds made available for each fiscal year under paragraph 7#a77;,f71 not less than #cj1jjj1jjj shall be used to support the deployment of biodigesters-- 7,a7 as part of a manure management strategy to reduce methane emissions2 and 7,b7 in a manner that includes safeguards to maintain or improve local air quality4 4 #djb4 ,soil quality improvement ,chapter #b of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chch et seq47 is amended by adding at the end the following3 ,c ,soil quality improvement program #abch;,h4 ,soil ,quality ,improvement ,program 7a7 ,no-,till farm equipment grant and loan program 7#a7 ,in general ,the ,secretary shall establish1 in the ,natural ,resources ,conservation ,service1 a program to provide grants and loans to agricultural producers with the goal1 not later than ,january #a1 #bjbf1 of increasing to #ej percent the total percent of farmed acres in the ,united ,states under continuous no-till cultivation4 7#b7 ,grants ,the ,secretary shall use not less than #bj percent of the funds made available for the program established under paragraph 7#a7 to make grants4 7#c7 ,purchase or lease of equipment ,an agricultural producer may use funds made available under this section to finance or otherwise incentivize the purchase or lease of equipment necessary to carry out continuous no-till cultivation1 as determined by the ,secretary4 7#d7 ,education and outreach ,in establishing the program under this section1 the ,secretary shall include an education and outreach program1 carried out by the ,secretary in coordination with-- 7,a7 ,state and local farm agencies2 7,b7 institutions of higher education2 7,c7 the ,national ,institute of ,food and ,agriculture2 7,d7 the ,national ,association of ,conservation ,districts2 7,e7 the ,soil and ,water ,conservation ,society2 and 7,f7 the ,agricultural ,tri-,societies4 7b7 ,report on soil carbon uptake ,not later than #a year after the date of enactment of this subchapter1 the ,secretary shall publish a report that includes-- 7#a7 methodologies and protocols for tracking practices 7including conservation tillage1 continuous no-till cultivation1 and the use of cover crops7 that increase the uptake of carbon into soils1 including-- 7,a7 the use of satellite-based and other remote sensing technologies2 and 7,b7 methods for monitoring net carbon transfer rates between soils and the atmosphere1 including biogeochemical process models2 and 7#b7 an assessment of-- 7,a7 carbon stocks in ,united ,states soils as of the date of the report2 7,b7 the potential for ,united ,states soils as a reservoir for carbon2 7,c7 the net mass transfer rate of carbon between soils and the atmosphere on agricultural land and rangeland1 including-- 7i7 conservation tillage land2 7ii7 no-till cultivated land2 and 7iii7 land on which cover crops are used in rotation2 and 7,d7 rangeland management practices that increase soil carbon sequestration4 7c7 ,environmental quality incentives program ,the ,chief of the ,natural ,resources ,conservation ,service shall carry out a soil carbon uptake initiative within the environmental quality incentives program established under chapter #d of this subtitle to foster the adoption and sustained use of practices that increase the amount and the rate of carbon uptake in soils4 7d7 ,funding ,of the funds of the ,commodity ,credit ,corporation1 the ,secretary shall use to carry out this section #cjj1jjj1jjj for fiscal year #bjaf and each fiscal year thereafter1 to remain available until expended4 4 #djc4 ,nitrous oxide emissions reductions 7a7 ,findings ,congress finds that-- 7#a7 fertilizer is a significant cost input in many agricultural operations2 7#b7 opportunities exist for agricultural producers-- 7,a7 to reduce the amount of fertilizer inputs2 and 7,b7 to increase the efficiency of fertilizer use through the development of more effective fertilizer application protocols that maximize the uptake of fertilizer by crops while maintaining or increasing yields2 and 7#c7 improving the application of nitrogen fertilizers at the correct rate1 in the correct manner1 at the correct time1 and in the correct place will provide significant benefits to the environment1 including reductions of-- 7,a7 nitrogen runoff1 which will improve water quality2 and 7,b7 emissions of nitrous oxide1 a powerful greenhouse gas associated with climate change4 7b7 ,nitrous oxide emissions reductions ,chapter #e of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;bb et seq47 is amended by adding at the end the following3 #abdj,s4 ,nitrous oxide emissions reductions 7a7 ,agricultural ,research ,data 7#a7 ,federally funded research data 7,a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,secretary shall make available all relevant data relating to fertilizer application in a format that is-- 7i7 aggregated so as not to divulge proprietary or confidential business information2 and 7ii7 searchable and accessible to the public1 including1 to the maximum extent possible1 all federally funded research data1 including data of-- 7,i7 the ,department of ,agriculture2 and 7,,ii7 land-grant colleges and universities 7as defined in section #adjd of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #cajc774 7,b7 ,exceptions ,subparagraph 7,a7 shall not apply to the release of data or information in a format that may divulge proprietary or confidential business information4 7#b7 ,non-federally funded research data ,the ,secretary shall develop incentives to encourage the sharing of non-federally funded research data relating to fertilizer application1 including data from-- 7,a7 research funded through a ,state program2 and 7,b7 independent or privately held research4 7b7 ,nitrogen uptake pilot program 7#a7 ,in general ,the ,secretary shall establish and carry out a #e-year pilot program for the development and optimization of nitrogen fertilizer application rates1 timing1 location1 and formulation for-- 7,a7 corn2 7,b7 soybeans2 7,c7 wheat2 7,d7 barley2 7,e7 cotton2 7,f7 oats2 7,g7 sorghum2 7,h7 rice2 and 7,i7 potatoes4 7#b7 ,requirements ,the pilot program described in paragraph 7#a7 shall-- 7,a7 consist of projects in a diverse range of-- 7i7 geographies2 7ii7 soil types2 7iii7 drainage conditions2 7iv7 tillage practices2 and 7v7 climatic conditions2 and 7,b7 consider-- 7i7 the effect of crop rotation2 7ii7 the use of cover crops2 7iii7 the use of soil amendments2 and 7iv7 any other factor that the ,secretary determines to be appropriate-- 7,i7 to enhance the optimization of fertilizer application practices that reduce the generation of nitrous oxide and leached nitrogen2 and 7,,ii7 to support high agricultural yields4 7c7 ,environmental quality incentives program ,the ,chief of the ,natural ,resources ,conservation ,service shall carry out a nitrous oxide reduction initiative within the environmental quality incentives program established under chapter #d of this subtitle to foster the adoption and continued use of fertilizer application protocols that reduce the production of nitrous oxide associated with the use of nitrogen fertilizer4 7d7 ,funding ,of the funds of the ,commodity ,credit ,corporation1 the ,secretary shall use to carry out this section #aej1jjj1jjj for fiscal year #bjaf and each fiscal year thereafter1 to remain available until expended4 4 ,v ,wholesale demand response #eja4 ,wholesale demand response 7a7 ,definitions ,section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif7 is amended-- 7#a7 in paragraph 7#ag77;,c7-- 7,a7 by indenting appropriately2 and 7,b7 by inserting 7including a demand response energy resource in any ,state in which a ,state regulatory authority or nonregulated electric utility determines not to establish standards in accordance with paragraph 7#bj7 of section #aaa7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfba7;d777 before that the ,commission determines2 7#b7 in paragraph 7#ah77;,b7-- 7,a7 by indenting appropriately2 and 7,b7 by inserting 7including a demand response energy resource in any ,state in which a ,state regulatory authority or nonregulated electric utility determines not to establish standards in accordance with paragraph 7#bj7 of section #aaa7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfba7;d777 before that the ,commission determines2 and 7#c7 by adding at the end the following3 7#cj7 ,aggregator ,the term aggregator means a wholesale buyer or broker of electric utility service who packages the electric utility service for sale to a local distribution utility4 7#ca7 ,demand response energy resource ,the term demand response energy resource means a resource bid into an organized wholesale market or sold to an electricity utility service provider that includes-- 7,a7 a direct load control program that provides the ability for power companies to cycle air conditioners and water heaters on and off during periods of peak demand in exchange for a financial incentive and lower electric bills2 or 7,b7 time-of-use pricing that-- 7i7 may account for locational benefit2 7ii7 is provided on an unbundled basis after-- 7,i7 accounting for the #b-way valuation of time-of-use rates2 and 7,,ii7 progressing to real-time pricing2 and 7iii7 is provided for-- 7,i7 energy sold to an electric utility2 7,,ii7 energy purchased from an electric utility2 7,,iii7 capacity2 7,,iv7 energy conservation2 7,v7 demand-side management or demand response2 7,,vi7 peak monthly demand2 or 7,,vii7 the provision of ancillary services4 7#cb7 ,electric utility service ,the term electric utility service means the safe and reliable provision of end-use electricity4 7#cc7 ,organized market ,the term organized market means an auction-based day-ahead and real-time wholesale market-- 7,a7 in which a single entity may-- 7i7 receive #a or more offers to sell1 or bids to buy1 electric energy or ancillary services from #a or more sellers1 or buyers1 respectively2 and 7ii7 determine which sales and purchases are completed1 and at what prices1 based on formal rules contained in tariffs approved by the ,commission2 and 7,b7 the prices of which are used by transmission organizations for establishing transmission usage charges set by the ,federal ,energy ,regulatory ,commission4 4 7b7 ,requirement ,part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq47 is amended by adding at the end the following3 #cd4 ,wholesale demand response ,the ,commission shall require that sellers and aggregators of demand response energy resources be permitted to participate in any organized market on terms that are-- 7#a7 comparable to terms applicable to sellers of electric capacity or energy2 and 7#b7 just1 reasonable1 and not unduly discriminatory4 4 #ejb4 ,general right to neutrality of interconnection 7a7 ,in general ,the ,public ,utility ,regulatory ,policies ,act of #aigh is amended by inserting after section #d 7#af ,u4,s4,c4 #bfjc7 the following3 #e4 ,general right to neutrality of interconnection 7a7 ,in general ,demand response energy resources 7as defined in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif77 shall have a general right of interconnection under this ,act on terms comparable to the terms available to a seller of electric capacity or energy4 7b7 ,rate and fees ,all rates and fees for interconnection of demand response energy resources under this ,act1 regardless of whether the demand response energy resource is a qualifying facility-- 7#a7 shall be just and reasonable2 7#b7 shall provide for the #b-way benefit1 as required by the ,federal ,energy ,regulatory ,commission1 for the demand response energy resource and the electricity grid2 7#c7 shall not exceed the actual cost of service1 including reasonable return on investment2 and 7#d7 shall not be punitive4 7c7 ,timeframes ,timeframes for interconnection of demand response energy resources under this ,act1 regardless of whether the demand response energy resource is a qualifying facility1 shall be well-defined1 expeditious1 not unduly protracted1 and comparable to the timeframes available to a seller of electric capacity or energy4 4 7b7 ,improved interconnection standards for demand response energy resources ,section #aaa7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfba7;d77 is amended by adding at the end the following3 7#bj7 ,demand response energy resources ,each ,state regulatory authority or nonregulated electric utility shall consider requiring that demand response energy resources 7as defined in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif77 be eligible to receive just and reasonable energy and rate treatment for-- 7,a7 the societal value of demand response energy resources2 and 7,b7 any other benefits of demand response energy resources that the ,state regulatory authority or nonregulated electric utility considers to be appropriate4 7#ba7 ,improved interconnections standards for demand response energy resources ,each ,state regulatory authority or nonregulated electric utility1 acting under ,state authority in a ,state that has determined not to establish standards under paragraph 7#bj71 shall consider-- 7,a7 removing discriminatory rate barriers for demand response energy resources by setting rates that exceed the incremental cost of alternative electric energy for purchases from any demand response energy resource 7as defined in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif77 that is1 under this ,act1 a qualifying facility interconnected with-- 7i7 the rates to be established at the full retail rate2 and 7ii7 fixed monthly charges for residential electricity bills to be established at a charge of not more than #aj dollars per month1 with optional reevaluations by the ,state authority of the amount of charge to be considered on a periodic basis2 7,b7 making any demand response energy resource project exempt from filing requirements with the ,commission2 7,c7 ensuring that any requirements considered under this paragraph would not affect the purchase obligation under section #baj for demand response energy resource facilities2 and 7,d7 requiring that all rates and fees for interconnection of demand response facilities-- 7i7 shall be just and reasonable2 7ii7 shall provide for the benefit of the demand response energy resource to the electricity grid and benefit of the electricity grid to the demand response energy resource2 and 7iii7 shall not exceed the actual cost of service4 4