,,ii #aaeth ,,congress #b;d ,session ,s4 #cdha ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bd1 #bjah,ms4 ,warren 7for herself1 ,mr4 ,whitehouse1 ,mr4 ,schatz1 ,mr4 ,markey1 ,mr4 ,booker1 ,mr4 ,merkley1 ,ms4 ,harris1 and ,mrs4 ,gillibrand7 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to amend the ,securities ,exchange ,act of #aicd to require issuers to disclose certain activities relating to climate change1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,climate ,risk ,disclosure ,act of #bjah4 #b4 ,definitions ,in this ,act-- 7#a7 the term appropriate climate principals means-- 7,a7 the ,administrator of the ,environmental ,protection ,agency2 7,b7 the ,secretary of ,energy2 7,c7 the ,administrator of the ,national ,oceanic and ,atmospheric ,administration2 7,d7 the ,director of the ,office of ,management and ,budget2 and 7,e7 the head of any other ,federal agency determined appropriate by the ,commission2 7#b7 the term appropriate congressional committees means-- 7,a7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 and 7,b7 the ,committee on ,financial ,services of the ,house of ,representatives2 7#c7 the term climate change means a change of climate that is-- 7,a7 attributed directly or indirectly to human activity that alters the composition of the global atmosphere2 and 7,b7 in addition to natural climate variability observed over comparable time periods2 7#d7 the term ,commission means the ,securities and ,exchange ,commission2 and 7#e7 the term covered issuer has the meaning given the term in subsection 7s77#a7 of section #ac of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghm71 as added by section #d7;a74 #c4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 continued inaction in addressing climate change poses a significant threat to the growth and stability of the economy of the ,united ,states2 7#b7 many sectors of the economy of the ,united ,states are exposed to multiple channels of climate-related risk1 which may include exposure to-- 7,a7 the physical impacts of climate change1 including the rise of the average global temperature1 sea-level rise1 desertification1 ocean acidification1 flooding1 drought1 and wildfires2 7,b7 the economic disruptions and security threats that result from the physical impacts described in subparagraph 7,a72 and 7,c7 the transition impacts that result as the global economy transitions to a clean energy1 low-emissions economy1 including financial impacts as fossil fuel assets become stranded as the global community acts to prevent the worst impacts of climate change by keeping the average rise in global temperature well below #b degrees ,celsius above pre-industrial levels2 7#c7 assessing the potential impact of climate-related risks on national and international financial systems is an urgent concern2 7#d7 companies have a duty to disclose financial risks that climate change presents2 7#e7 the ,commission has a duty to promote a risk-informed securities market that is worthy of the trust of the public as families invest for their futures2 7#f7 including standardized climate change risk disclosure that is useful for decision makers in annual reports to the ,commission will increase transparency with respect to risk accumulation and exposure in financial markets2 7#g7 requiring companies to disclose climate-related risk exposure and risk management strategies will encourage a smooth transition to a clean energy1 low-emissions economy and guide capital allocation to mitigate1 and adapt to1 the effects of climate change2 and 7#h7 a critical component in fighting climate change is a transparent accounting of the risks that climate change presents and the implications of continued inaction with respect to climate change4 #d4 ,disclosure 7a7 ,in general ,section #ac of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghm7 is amended by adding at the end the following3 7s7 ,disclosures relating to climate change 7#a7 ,definitions ,in this subsection-- 7,a7 the term #b degrees or lower scenario means a widely recognized1 publicly available analysis scenario in which human interventions to combat global climate change are likely to prevent the global average temperature from reaching #b degrees ,celsius above pre-industrial levels2 7,b7 the terms appropriate climate principals and climate change have the meanings given those terms in section #b of the ,climate ,risk ,disclosure ,act of #bjah2 7,c7 the term baseline scenario means a widely recognized analysis scenario in which levels of greenhouse gas emissions1 as of the date on which the analysis is performed1 continue to grow1 resulting in-- 7i7 an increase in the global average temperature of #b degrees ,celsius or more above pre-industrial levels2 and 7ii7 the realization of physical risks relating to global climate change2 7,d7 the term carbon dioxide equivalent means the quantity of a greenhouse gas that has a global warming potential equivalent to #a metric ton of carbon dioxide1 as determined under table ,a-#a of subpart ,a of part #ih of title #dj1 ,code of ,federal ,regulations1 as in effect on the date of enactment of this subsection2 7,e7 the term commercial development of fossil fuels includes-- 7i7 exploration1 extraction1 processing1 exporting1 transporting1 and any other significant action with respect to oil1 natural gas1 or coal2 and 7ii7 acquiring a license for any activity described in clause 7i72 7,f7 the term covered issuer means an issuer that is required to file an annual report under subsection 7a7 or section #ae7;d72 7,g7 the term direct and indirect greenhouse gas emissions includes1 with respect to a covered issuer-- 7i7 all direct greenhouse gas emissions released by the covered issuer2 7ii7 all indirect greenhouse gas emissions with respect to electricity1 heat1 or steam purchased by the covered issuer2 7iii7 significant indirect emissions1 other than the emissions described in clause 7ii71 that occur in the value chain of the covered issuer2 and 7iv7 all indirect greenhouse gas emissions that are attributable to assets owned or managed1 including assets that are partially owned or managed1 by the covered issuer2 7,h7 the term fossil fuel reserves means all producing assets1 proved reserves1 unproved resources1 and any other ownership stake in sources of fossil fuels2 7,i7 the term greenhouse gas-- 7i7 means carbon dioxide1 hydrofluorocarbons1 methane1 nitrous oxide1 perfluorocarbons1 and sulfur hexafluoride2 and 7ii7 includes any other anthropogenically emitted gas or particulate that the ,administrator of the ,environmental ,protection ,agency determines1 after notice and comment1 to contribute to global warming2 7,j7 the term greenhouse gas emissions means the emissions of greenhouse gas1 expressed in terms of metric tons of carbon dioxide equivalent2 7,k7 the term physical risks means financial risks to long-lived fixed assets1 locations1 operations1 or value chains that result from exposure to physical climate-related effects1 including-- 7i7 increased average global temperatures2 7ii7 increased severity and frequency of extreme weather events2 7iii7 increased flooding2 7iv7 sea level rise2 7v7 ocean acidification2 7vi7 increased frequency of wildfires2 7vii7 decreased arability of farmland2 and 7viii7 decreased availability of fresh water2 7,l7 the term social cost of carbon means the monetized present value1 discounted at a #c percent or lower discount rate1 in dollars1 per metric ton of carbon dioxide 7or carbon dioxide equivalent71 of the net global costs over #cjj years caused by the emission of carbon dioxide 7or carbon dioxide equivalent1 as applicable7 that result from-- 7i7 changes in net agricultural productivity2 7ii7 decreases in capital and labor productivity2 7iii7 effects on human health2 7iv7 property damage from increased sea level rise1 flooding1 wildfires1 and frequency and severity of extreme weather events2 7v7 the value of ecosystem services2 and 7vi7 any other type of economic1 social1 political1 or natural disruption2 7,m7 the term transition risks means financial risks that are attributable to climate change mitigation and adaptation1 including efforts to reduce greenhouse gas emissions and strengthen resilience to the impacts of climate change1 including-- 7i7 costs relating to-- 7,i7 international treaties and agreements2 7,,ii7 ,federal1 ,state1 and local policy2 7,,iii7 new technologies2 7,,iv7 changing markets2 7,v7 reputational impacts relevant to changing consumer behavior2 and 7,,vi7 litigation2 and 7ii7 assets that may lose value or become stranded due to any of the costs described in subclauses 7,i7 through 7,,vi7 of clause 7i72 and 7,n7 the term value chain-- 7i7 means the total lifecycle of a product or service1 both before and after production of the product or service1 as applicable2 and 7ii7 may include the sourcing of materials1 production1 and disposal with respect to the product or service described in clause 7i74 7#b7 ,findings ,congress finds that-- 7,a7 long-term financial and economic risks and opportunities relating to climate change1 and the national and global reduction of greenhouse gas emissions1 constitute information that issuers-- 7i7 may reasonably expect to affect shareholder decisionmaking2 and 7ii7 should regularly identify1 evaluate1 and disclose2 and 7,b7 the disclosure of information described in subparagraph 7,a7 should-- 7i7 identify1 and evaluate the potential financial impact of1 physical risks and transition risks posed by climate change2 7ii7 allow for intra- and cross-industry comparison1 to the extent practicable1 of climate-related risk exposure through the inclusion of standardized industry-specific and sector-specific disclosure metrics1 as identified by the ,commission1 in consultation with the appropriate climate principals2 7iii7 allow for tracking of performance over time with respect to mitigating climate risk exposure2 and 7iv7 incorporate a price on greenhouse gas emissions in financial analyses that reflects1 at minimum1 the social cost of carbon that is attributable to issuers4 7#c7 ,disclosure ,each covered issuer1 in any annual report filed by the covered issuer under subsection 7a7 or section #ae7;d71 shall1 in accordance with the requirements established under paragraphs 7#d7 and 7#e71 include in each such report information regarding-- 7,a7 the identification of1 the evaluation of potential financial impacts of1 and any risk-management strategies relating to-- 7i7 physical risks posed to the covered issuer by climate change2 and 7ii7 transition risks posed to the covered issuer by climate change2 and 7,b7 a description of any established corporate governance processes and structures to identify1 assess1 and manage climate-related risks4 7#d7 ,requirements 7,a7 ,in general ,the ,commission1 in consultation with the appropriate climate principals1 and consistent with subparagraph 7,b71 shall issue final rules with respect to the information that a covered issuer is required to disclose under paragraph 7#c74 7,b7 ,contents ,in issuing the final rules required under subparagraph 7,a71 the ,commission shall-- 7i7 establish1 in consultation with the appropriate climate principals1 climate-related risk disclosure metrics and guidance1 which shall-- 7,i7 be1 to the extent practicable1 specialized for industries within specific sectors of the economy1 which shall include-- 7aa7 the sectors of finance1 insurance1 transportation1 electric power1 and non-renewable energy2 and 7bb7 any other sector determined appropriate by the ,commission1 in consultation with the appropriate climate principals2 7,,ii7 include reporting standards for estimating and disclosing direct and indirect greenhouse gas emissions by a covered issuer1 and any affiliates of the covered issuer1 which shall-- 7aa7 separate1 to the extent practicable1 total emissions of each specified greenhouse gas by the covered issuer2 and 7bb7 include greenhouse gas emissions by the covered issuer during the period covered by the disclosure2 7,,iii7 include reporting standards and metrics for disclosing1 with respect to a covered issuer-- 7aa7 the total amount of fossil fuel-related assets owned or managed by the covered issuer2 and 7bb7 the percentage of fossil fuel-related assets as a percentage of total assets owned or managed by the covered issuer2 7,,iv7 establish a minimum social cost of carbon1 which-- 7aa7 shall be considered a minimum price with respect to costs associated with carbon emissions2 and 7bb7 a covered issuer shall use in preparing climate-related disclosure statements2 7,v7 not preclude a covered issuer from using and disclosing1 as compared with the price established under subclause 7,,iv77aa71 a higher price of greenhouse gas emissions2 7,,vi7 specify requirements for1 and the disclosure of1 input parameters1 assumptions1 and analytical choices to be used in climate scenario analyses required under clause 7ii77,i71 including-- 7aa7 present value discount rates2 7bb7 time frames to consider1 which shall be not shorter than #cj years2 and 7cc7 minimum pricing of greenhouse gas emissions1 as established under subclause 7,,iv77aa7 and subject to subclause 7,v72 and 7,,vii7 include1 after consultation with the ,secretary of ,energy1 the ,secretary of the ,interior1 and the ,secretary of ,transportation1 documentation standards and guidance with respect to the information required under clause 7ii77,,iii72 7ii7 require that a covered issuer1 with respect to the disclosure required under paragraph 7#c7-- 7,i7 incorporate into the disclosure-- 7aa7 quantitative analysis to support any qualitative statement made by the covered issuer2 7bb7 the metrics and guidance established under clause 7i72 7cc7 industry-specific metrics that comply with the requirements under clause 7i77,i72 7dd7 a discussion of the short-1 medium-1 and long-term resilience of any risk management strategy1 and the evolution of applicable risk metrics1 of the covered issuer under each scenario described in subclause 7,,ii72 and 7ee7 the total social cost of carbon emissions that are attributable to the direct and indirect greenhouse gas emissions of the covered issuer2 7,,ii7 consider1 when preparing any qualitative or quantitative risk analysis statement contained in the disclosure-- 7aa7 a baseline scenario that includes physical impacts of climate change2 7bb7 a #b degrees or lower scenario2 and 7cc7 any additional climate analysis scenario considered appropriate by the ,commission1 in consultation with the appropriate climate principals2 7,,iii7 if the covered issuer engages in the commercial development of fossil fuels1 include in the disclosure-- 7aa7 an estimate of the amount of direct and indirect greenhouse gas emissions of the covered issuer that are attributable to-- 7,,aa7 combustion2 7,,bb7 flared hydrocarbons2 7,,cc7 process emissions2 7,,dd7 directly vented emissions2 7,,ee7 fugitive emissions or leaks2 and 7,,ff7 land use changes2 7bb7 a description of-- 7,,aa7 the sensitivity of fossil fuel reserve levels to future price projection scenarios that incorporate the social cost of carbon into hydrocarbon pricing2 7,,bb7 the percentage of the reserves of the covered issuer that will be developed under a #b degrees or lower scenario1 as well as a forecast for the development prospects of each reserve under a #b degrees or lower scenario2 7,,cc7 the potential amount of direct and indirect greenhouse gas emissions that are embedded in proved and probable hydrocarbon reserves1 with each such calculation presented as a total and in subdivided categories by the type of reserve2 7,,dd7 the methodology of the covered issuer for detecting and mitigating fugitive methane emissions1 which shall include the frequency with which applicable assets of the covered issuer are observed for methane leaks1 the processes and technology that the covered issuer uses to detect methane leaks1 the percentage of assets of the covered issuer that the covered issuer inspects under that methodology1 and quantitative and time-bound reduction goals of the issuer with respect to methane leaks2 7,,ee7 the amount of water that the covered issuer withdraws from freshwater sources for use in operations of the covered issuer2 and 7,,ff7 the percentage of the water described in subitem 7,,ee7 that comes from regions of water stress or that face wastewater management challenges2 and 7cc7 any other information that the ,commission1 in consultation with the appropriate climate principals and the ,secretary of ,energy1 the ,secretary of the ,interior1 and the ,secretary of ,transportation1 determines is-- 7,,aa7 necessary2 7,,bb7 appropriate to safeguard the public interest2 or 7,,cc7 directed at ensuring that investors are informed in accordance with the findings described in paragraph 7#b77;,b72 and 7iii7 with respect to the disclosure required under paragraph 7#c71 require that the covered issuer include in the disclosure any other information1 or use any climate-related or greenhouse gas emissions metric1 that the ,commission1 in consultation with the appropriate climate principals1 determines is-- 7,i7 necessary2 7,,ii7 appropriate to safeguard the public interest2 or 7,,iii7 directed at ensuring that investors are informed in accordance with the findings described in paragraph 7#b77;,b74 7#e7 ,formatting 7,a7 ,in general ,any information included pursuant to the requirements of this subsection by a covered issuer in an annual report submitted under subsection 7a7 or section #ae7;d7 shall be submitted in an interactive data format4 7,b7 ,establishment by ,commission ,the ,commission shall develop standards for the interactive data format described in subparagraph 7,a71 which shall include electronic tags for information that the ,commission determines is-- 7i7 necessary2 7ii7 appropriate to safeguard the public interest2 or 7iii7 directed at ensuring that investors are informed in accordance with the findings described in paragraph 7#b77;,b74 7#f7 ,public availability ,the ,commission shall1 to the maximum extent practicable1 make a compilation of the information submitted by covered issuers under this subsection publicly available on the website of the ,commission4 7#g7 ,rule of construction ,nothing in paragraph 7#c7 or 7#d7 may be construed as precluding a covered issuer from including1 in an annual report submitted under subsection 7a7 or section #ae7;d71 any information not explicitly referenced in those paragraphs4 4 7b7 ,regulations 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,commission1 in consultation with the appropriate climate principals1 shall issue final rules to establish appropriate documentation standards1 metrics for calculations required1 and guidance with respect to the disclosure requirements under subsection 7s7 of section #ac of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghm71 as added by subsection 7a7 of this section4 7#b7 ,periodic updates ,the ,commission shall periodically update the rules issued under paragraph 7#a7 to ensure that those rules further the purposes described in subsection 7s77#b77;,b7 of section #ac of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghm71 as added by subsection 7a7 of this section4 #e4 ,reports 7a7 ,securities and ,exchange ,commission ,the ,commission shall-- 7#a7 conduct an annual assessment regarding the compliance of covered issuers with the requirements of subsection 7s7 of section #ac of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghm71 as added by section #d7;a72 7#b7 submit to the appropriate congressional committees a report that contains the results of each assessment conducted under paragraph 7#a72 and 7#c7 make each report submitted under paragraph 7#b7 accessible to the public4 7b7 ,government ,accountability ,office ,the ,comptroller ,general of the ,united ,states shall periodically evaluate1 and report to the appropriate congressional committees on1 the effectiveness of the ,commission in carrying out and enforcing subsection 7s7 of section #ac of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghm71 as added by section #d7;a74 #f4 ,severability ,if any provision of this ,act1 an amendment made by this ,act1 or the application of this ,act 7or an amendment made by this ,act7 to any person or circumstance is held to be invalid1 that holding shall have no effect with respect to-- 7#a7 the remainder of this ,act2 and 7#b7 the application of the provision or amendment1 as applicable1 to any other person or circumstance4 #g4 ,authorization of appropriations ,there are authorized to be appropriated to the ,commission such sums as may be necessary to carry out this ,act4