,i #aafth ,,congress #ast ,session ,h4 ,r4 #debj ,,in ,,the ,,house ,,of ,,representatives ,september #bf1 #bjai ,mr4 ,fitzpatrick 7for himself1 ,mr4 ,carbajal1 ,mr4 ,rooney of ,florida1 and ,mr4 ,peters7 introduced the following bill2 which was referred to the ,committee on ,ways and ,means1 and in addition to the ,committees on ,energy and ,commerce1 ,natural ,resources1 ,education and ,labor1 ,transportation and ,infrastructure1 ,science1 ,space1 and ,technology1 and ,agriculture1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,internal ,revenue ,code of #aihf to eliminate certain fuel excise taxes and impose a tax on greenhouse gas emissions to provide revenue for maintaining and building ,american infrastructure1 and for other purposes4 #a4 ,short title1 table of contents 7a7 ,short title ,this ,act may be cited as the ,modernizing ,america with ,rebuilding to ,kickstart the ,economy of the ,twenty-first ,century with a ,historic ,infrastructure-,centered ,expansion ,act or the ,,market ,,choice ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title1 table of contents4 ,sec4 #b4 ,findings4 ,title ,i--,greenhouse ,gas ,emissions ,sec4 #aja4 ,treatment of greenhouse gas emissions4 ,title ,,ii--,distribution of ,revenues ,from ,taxation of ,greenhouse ,gas ,emissions ,subtitle ,a--,rebuilding ,infrastructure and ,solutions for the ,environment ,trust ,fund ,sec4 #bja4 ,establishment of the ,,rise ,trust ,fund4 ,sec4 #bjb4 ,appropriations from the ,,rise ,trust ,fund4 ,sec4 #bjc4 ,state grants4 ,subtitle ,b--,certain ,manufacturers ,excise ,taxes ,sec4 #baa4 ,repeal of ,federal motor vehicle and aviation fuel taxes4 ,sec4 #bab4 ,amendments to certain tax credits for carbon capture and storage4,sec4 #bac4 ,modifications of qualifying advanced coal project credit4 ,title ,,iii--,amendments to ,other ,laws ,subtitle ,a--,amendments to ,federal ,environmental ,statutes ,sec4 #cja4 ,amendments to the ,clean ,air ,act4 ,sec4 #cjb4 ,frequent and chronic flooding mitigation and adaptation infrastructure projects4,sec4 #cjc4 ,no preemption of ,state law4 ,subtitle ,b--,assistance to ,displaced ,workers in the ,energy ,sector ,sec4 #cba4 ,assistance to displaced workers in the energy sector4 ,title ,,iv--,national ,climate ,commission ,sec4 #dja4 ,establishment of ,commission4 ,sec4 #djb4 ,duties of ,commission4 ,sec4 #djc4 ,powers of ,commission4 ,sec4 #djd4 ,funding for the activities of the ,commission4 ,sec4 #dje4 ,staff of the ,commission4 #b4 ,findings ,congress finds that-- 7#a7 roads1 bridges1 airports1 and urban transportation systems are essential to the economic and national security of the ,united ,states2 7#b7 there is a chronic shortfall in funding for the maintenance of highways1 bridges1 and other critical infrastructure2 7#c7 strategic investments in new infrastructure will allow for economic growth and dynamism in the #bast century2 7#d7 there has been a marked increase in extreme weather events and the negative impacts of a changing climate are expected to worsen in every region of the ,united ,states2 7#e7 if left unaddressed1 the consequences of a changing climate have the potential to adversely impact the health of all ,americans1 harm the economy1 and impose substantial costs on local1 ,state1 and ,federal budgets2 7#f7 efforts to reduce climate risk should protect our ,nation's economy1 security1 infrastructure1 agriculture1 water supply1 public health1 and public safety2 and 7#g7 there is bipartisan support for pursuing efforts to reduce greenhouse gas emissions through economically viable1 broadly supported private and public policies and solutions4 ,i ,greenhouse ,gas ,emissions #aja4 ,treatment of greenhouse gas emissions 7a7 ,in general ,the ,internal ,revenue ,code of #aihf is amended by adding at the end the following3 ,l ,greenhouse ,gas ,emissions #a ,taxation of ,greenhouse ,gas ,emissions ,sec4 #iija4 ,imposition of tax on combusted fossil fuel greenhouse gas emissions4 ,sec4 #iijb4 ,imposition of tax on greenhouse gas emissions from certain industrial processes4 ,sec4 #iijc4 ,imposition of tax on greenhouse gas emissions from certain product uses4 ,sec4 #iijd4 ,calculation of taxable emissions4 ,sec4 #iije4 ,credit for ,state payments4 ,sec4 #iijf4 ,penalties for nonpayment4 ,sec4 #iijg4 ,definitions4 #iija4 ,imposition of tax on combusted fossil fuel greenhouse gas emissions 7a7 ,in general ,there is hereby imposed a tax on fossil fuels produced within1 or imported into1 the ,united ,states4 7b7 ,rate of tax 7#a7 ,greenhouse gases that would be released if the fossil fuel were combusted ,the tax imposed by subsection 7a7 shall be the applicable amount per ton of carbon dioxide equivalent of all greenhouse gasses that would be released if the fossil fuel were combusted4 7#b7 ,applicable amount of carbon dioxide equivalent emissions ,for purposes of paragraph 7#a71 the term applicable amount means-- 7,a7 for calendar year #bjba1 #ce per metric ton of carbon dioxide equivalent emissions1 and 7,b7 for each calendar year after #bjba1 the tax rate shall be the sum of-- 7i7 the previous calendar year's tax rate1 plus 7ii7 the sum of-- 7,i7 #e percentage points1 plus 7,,ii7 a percentage increase in the previous year's tax rate equal to the increase in the ,consumer ,price ,index for the previous calendar year4 7,c7 ,consumer price index for any calendar year ,for purposes of subparagraph 7,b71 the ,consumer ,price ,index for the previous calendar year is the average of the ,consumer ,price ,index for all-urban consumers published by the ,department of ,labor as of the close of the #ab-month period ending on ,august #ca of such calendar year4 ,for purposes of the preceding sentence1 the revision of the ,consumer ,price ,index which is most consistent with the ,consumer ,price ,index for calendar year #aihf shall be used4 7#c7 ,rate adjustment based on emission levels 7,a7 ,report ,not later than ,march #cj1 #bjbb1 and annually thereafter1 the ,secretary and the ,administrator shall jointly report the emissions during the calendar year ending on the preceding ,december #ca from sources subject to taxation under this part4 ,the report shall determine whether the cumulative amount of annual emissions reported for the period beginning in calendar year #bjba and through the end of the preceding calendar year were less than the emissions levels specified in the following schedule3 7i7 ,the total emissions through calendar year #bjba are #d1ijj million metric tons of carbon dioxide equivalent4 7ii7 ,the total emissions through calendar year #bjbb are #i1gjj million metric tons of carbon dioxide equivalent4 7iii7 ,the total emissions through calendar year #bjbc are #ad1djj million metric tons of carbon dioxide equivalent4 7iv7 ,the total emissions through calendar year #bjbd are #ai1jjj million metric tons of carbon dioxide equivalent4 7v7 ,the total emissions through calendar year #bjbe are #bc1ejj million metric tons of carbon dioxide equivalent4 7vi7 ,the total emissions through calendar year #bjbf are #bg1ijj million metric tons of carbon dioxide equivalent4 7vii7 ,the total emissions through calendar year #bjbg are #cb1bjj million metric tons of carbon dioxide equivalent4 7viii7 ,the total emissions through calendar year #bjbh are #cf1ejj million metric tons of carbon dioxide equivalent4 7ix7 ,the total emissions through calendar year #bjbi are #dj1fjj million metric tons of carbon dioxide equivalent4 7x7 ,the total emissions through calendar year #bjcj are #dd1hjj million metric tons of carbon dioxide equivalent4 7xi7 ,the total emissions through calendar year #bjca are #dh1hjj million metric tons of carbon dioxide equivalent4 7,b7 ,adjustments for report period 7i7 ,in general ,not later than ,march #cj1 #bjbc1 and every two years thereafter1 the ,secretary shall determine whether an adjustment is required in accordance with clause 7ii74 7ii7 ,period through #bjcb ,if the emission level reported under subparagraph 7,a7 for calendar year #bjbb1 and every second calendar year thereafter through calendar year #bjcb1 exceeds the level for such calendar year specified in clauses 7i7 through 7xi7 of subparagraph 7,a71 then the applicable amount under paragraph 7#b7 for the calendar year beginning on the next ,january #a following the determination in clause 7i7 shall1 after the increase under paragraph 7#b7 for such next calendar year1 be increased by an additional #d per metric ton4 7c7 ,by whom paid ,the tax imposed by subsection 7a7 shall be paid by the owner of the fossil fuel at the point of taxation4 7d7 ,point of taxation 7#a7 ,for fossil fuels produced within the ,united ,states1 the point of taxation shall be-- 7,a7 for coal1 the mine mouth or1 for washed coal1 the exit from the coal preparation and processing plant1 7,b7 for petroleum products1 the exit point from the refinery1 and 7,c7 for natural gas1 the exit from the gas processing plant or1 for natural gas that is not treated at a gas processing plant1 the point of sale to the person who combusts the gas or incorporates it into a product that is not intended for combustion4 7#b7 ,for any fossil fuel imported into the ,united ,states1 the point of taxation shall be the point at which it first enters the ,united ,states4 7e7 ,exemptions 7#a7 ,exemption for noncombustive uses 7,a7 ,refund for reduction or elimination of emissions ,any manufacturer of a product that incorporates a fossil fuel that has been taxed under this section who can demonstrate to the ,secretary that the fossil fuel has been transformed via the manufacture of the product so that the fossil fuel's emissions will be reduced or eliminated over the product's lifetime shall be entitled to a refund of the tax paid under this section on the proportion of the emissions reduced thereby1 as determined by the ,secretary4 7,b7 ,rule ,the ,secretary1 in consultation with the ,administrator1 shall establish by rule the criteria and process by which product manufacturers can demonstrate that the conditions in subparagraph 7,a7 have been satisfied4 7,c7 ,publication of regulations ,the ,secretary shall publish the regulations required by this subsection no later than one year prior to the start of the calendar year referred to in section #iija7;b77#b77;,a74 ,the ,secretary may not collect the tax imposed by this section for any calendar year that begins less than one year after the regulations are published4 7#b7 ,exemption for carbon capture and storage 7,a7 ,refund for sequesters ,any person who sequesters greenhouse gas emissions resulting from the combustion of fossil fuel that has passed through a point of taxation shall be entitled to a refund of the tax imposed by this section4 ,emissions that are used for enhanced oil recovery shall be entitled for such refund provided that these emissions meet all of the criteria applicable to other emissions that qualify for such refund4 7,b7 ,rule ,the ,secretary shall establish by rule the procedures by which to apply for such refunds and such refunds shall be paid within six months of the ,secretary receiving an approvable application4 7,c7 ,time of refund ,the ,secretary may not refund any amounts under this paragraph until such time as the ,secretary has published the regulations described in section #de,q7f77#b74 #iijb4 ,imposition of tax on greenhouse gas emissions from certain industrial processes 7a7 ,in general ,there is hereby imposed a tax on industrial process greenhouse gas emissions by certain source categories4 7b7 ,list of source categories 7#a7 ,initial list ,the ,congress establishes for purposes of this section a list of source categories subject to this section as follows3 7,a7 ,iron and steel production and metallurgical coke production4 7,b7 ,underground coal mining4 7,c7 ,coal preparation and processing plants4 7,d7 ,refineries4 7,e7 ,cement production4 7,f7 ,petrochemical production4 7,g7 ,lime production4 7,h7 ,ammonia production4 7,i7 ,aluminum production4 7,j7 ,soda ash production4 7,k7 ,ferroalloy production4 7,l7 ,phosphoric acid production4 7,m7 ,glass production4 7,n7 ,zinc production4 7,o7 ,lead production4 7,p7 ,magnesium production and processing4 7,q7 ,nitric acid production4 7,r7 ,adipic acid production4 7,s7 ,semiconductor manufacture4 7,t7 ,electrical transmission and distribution4 7#b7 ,revision of the list ,the ,administrator shall review the list of source categories established by this subsection not less than once every five years to determine if they should continue to be listed and publish the results of that review4 ,the ,administrator may1 if appropriate1 add any source categories to this list by rule4 7#c7 ,removal of a source category from the list ,the ,administrator may remove a source category from this list only if-- 7,a7 the total emissions from the entire source category which are taxable under this section have been less than #bej1jjj metric tons of carbon dioxide equivalent per year for each of three consecutive years1 7,b7 the average emissions from facilities in the source category which are taxable under this section have been less than #be1jjj metric tons of carbon dioxide equivalent per year for each of the years referred in subparagraph 7,a71 and 7,c7 the ,administrator determines that there is no reasonable possibility that the total emissions from the entire source category which are taxable under this section will exceed #bej1jjj metric tons per year of carbon dioxide equivalent within any of the five years following such determination4 7#d7 ,addition of a source category to the list ,the ,administrator may add a source category to this list only if the ,administrator determines that-- 7,a7 the total emissions from the entire source category which are taxable under this section have been greater than #bej1jjj metric tons per year of carbon dioxide equivalent in any two years out of the preceding five years1 7,b7 the average emissions from facilities in the source category which are taxable under this section have been greater than #be1jjj metric tons per year of carbon dioxide equivalent in the years in which emissions from the entire source category have been greater than #bej1jjj tons per year1 and 7,c7 there is a reasonable possibility that the total emissions from the entire source category which are taxable under this section will be greater than #bej1jjj metric tons per year of carbon dioxide equivalent in any year within the next five years following such determination4 7c7 ,rate of tax ,the rate of tax shall be the same as the rate given in section #iija7;b77#b74 7d7 ,by whom paid ,the tax imposed by subsection 7a7 shall be paid by the owner or operator of the point of taxation4 7e7 ,point of taxation ,the point of taxation shall be any facility in a source category which emits more than #be1jjj metric tons of carbon dioxide equivalent subject to taxation under this section in any calendar year4 #iijc4 ,imposition of tax on greenhouse gas emissions from certain product uses 7a7 ,in general ,there is hereby imposed a tax on non-fossil-fuel-greenhouse-gas emissions by certain manufactured products when used for their intended purposes that are manufactured within or imported into1 the ,united ,states4 7b7 ,list of products 7#a7 ,initial list ,the ,congress establishes for purposes of this section a list of products subject to this section as follows3 7,a7 ,fuel ethanol4 7,b7 ,industrial carbonates4 7,c7 ,carbon dioxide urea4 7,d7 ,soda ash4 7,e7 ,nitrous oxide4 7,f7 ,ozone depleting substances1 but not if the ,united ,states has ratified the ,kigali ,amendment to the ,montreal ,protocol and is subject to ,article #b;,j1 paragraph #a of the ,amended ,montreal ,protocol4 7,g7 ,biodiesel4 7,h7 ,solid biomass fuels4 7#b7 ,revision of the list ,the ,administrator shall review the list of products established by this subsection not less than once every five years to determine if they should continue to be listed and publish the results of that review4 ,the ,administrator may1 if appropriate1 add any product to this list by rule4 7#c7 ,removal of a product from the list ,the ,administrator may remove a product from this list only if-- 7,a7 the total emissions from all of the product used within the ,united ,states has been less than #bej1jjj metric tons per year of carbon dioxide equivalent for each of three consecutive years1 and 7,b7 the ,administrator determines that there is no reasonable possibility that the total emissions from all of the product used in the ,united ,states will exceed #bej1jjj metric tons per year of carbon dioxide equivalent within any of the five years following such determination4 7#d7 ,addition of a product to the list ,the ,administrator may add a product to this list only if the ,administrator determines that-- 7,a7 the total emissions from all of the product used within the ,united ,states has been greater than #bej1jjj metric tons per year of carbon dioxide equivalent in any two years out of the preceding five years1 and 7,b7 there is a reasonable possibility that the total emissions from all of the product used within the ,united ,states will be greater than #bej1jjj metric tons per year of carbon dioxide equivalent in any year within the next five years following such determination4 7c7 ,rate of tax ,the rate of tax shall be the same as the rate given in section #iija7;b77#b74 7d7 ,by whom paid ,the tax imposed by subsection 7a7 shall be paid-- 7#a7 for products manufactured in the ,united ,states1 by the owner or operator of the point of taxation1 and 7#b7 for products imported into the ,united ,states1 by the owner of the product when it enters the ,united ,states4 7e7 ,point of taxation ,the point of taxation shall be-- 7#a7 for products manufactured in the ,united ,states1 the manufacturing facility1 7#b7 for products imported into the ,united ,states1 the point at which it first enters the ,united ,states1 and 7#c7 for domestically produced biomass fuel by a facility that emits from combusted biomass fuel more than #be1jjj metric tons of carbon dioxide equivalent greenhouse gases in a year1 the facility that combusts the biomass fuel4 #iijd4 ,calculation of taxable emissions 7a7 ,how ,to calculate taxable emissions ,in consultation with the ,department of ,energy1 the ,administrator shall establish by rule 7and may1 from time to time1 revise7 the method by which taxable emissions under this part shall be calculated4 7b7 ,categories and subcategories considered ,for purposes of calculating emissions taxable under-- 7#a7 section #iija1 the ,administrator shall determine by rule the amount of carbon dioxide equivalent that would be emitted if each fossil fuel were combusted1 and the ,administrator may establish by rule such subcategories of each fuel and the means by which it is combusted as the ,administrator deems appropriate1 7#b7 section #iijb1 the ,administrator may determine by rule such subcategories of any industrial process category listed in subsection #iijb7;b7 as the ,administrator deems appropriate1 and 7#c7 section #iijc1 for fuel ethanol1 biodiesel1 and solid biomass fuels the ,administrator shall determine by rule the amount of carbon dioxide equivalent that would be emitted based on the lifecycle greenhouse gas emissions of the product 7excluding emissions from fossil fuels that have passed through a point of taxation71 and the ,administrator may determine by rule such subcategories of manufactured products listed in subsection #iijc7;b7 as the ,administrator deems appropriate4 7c7 ,methods ,where greenhouse gas emissions subject to taxation under any section of this part are combined with greenhouse gas emissions subject to taxation under any other section of this part1 the ,administrator shall ensure1 to the greatest degree possible1 that the methods required to determine the emissions taxable under any section of this part do not include any emissions taxable under any other section of this part4 7d7 ,method cost differences ,the ,administrator shall not require the use of any method to calculate taxable emissions whereby the difference in cost of the method compared to the next cheapest alternative method is greater than the amount of the tax that would be paid on the additional emissions determined by the more expensive method4 7e7 ,publication of regulations ,the ,administrator shall publish the regulations required by this section no later than one year prior to the start of the calendar year referred to in section #iija7;b77#b77;,a74 ,the ,secretary may not collect the tax imposed by any section in this part for any calendar year that begins less than one year after the regulations applicable to each such section are published4 #iije4 ,credit for ,state payments 7a7 ,credit for payments ,the ,secretary shall allow any person who is required to make payment for greenhouse gas emissions under this part a credit for payments made on those emissions required under any ,state law in the following manner3 7#a7 ,for the year given in section #iija7;b77#b71 a credit equal to #ajj percent of the amount paid pursuant to requirements of ,state law4 7#b7 ,for the first year following the year used in paragraph 7#a71 a credit equal to #hj percent of the amount paid pursuant to requirements of ,state law4 7#c7 ,for the second year following the year used in paragraph 7#a71 a credit equal to #fj percent of the amount paid pursuant to requirements of ,state law4 7#d7 ,for the third year following the year used in paragraph 7#a71 a credit equal to #dj percent of the amount paid pursuant to requirements of ,state law4 7#e7 ,for the fourth year following the year used in paragraph 7#a71 a credit equal to #bj percent of the amount paid pursuant to requirements of ,state law4 7b7 ,no credit ,for all years following the year used in paragraph 7#e71 no credit shall be allowed4 #iijf4 ,penalties for nonpayment ,any person who fails to comply with the requirements of section #iija1 #iijb1 or #iijc shall be liable for payment to the ,secretary1 without demand1 of a penalty in the amount equal to #c times the applicable amount specified by those sections for the same tax year as the year in which the person failed to comply with such requirements4 #iijg4 ,definitions ,unless otherwise provided1 the definitions provided herein are applicable to all provisions of this subtitle4 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,cardon dioxide equivalent ,the term carbon dioxide equivalent means the number of metric tons of ,,co#b emissions with the same global warming potential over a #ajj-year period as one metric ton of another greenhouse gas4 7#c7 ,coal ,the term coal means any of the recognized classifications and ranks of coal1 including anthracite1 bituminous1 semibituminous1 subbituminous1 lignite1 and peat4 7#d7 ,coal preparation and processing plant ,the term coal preparation and processing plant means any facility 7excluding underground mining operations7 which prepares coal by one or more of the following processes3 breaking1 crushing1 screening1 wet or dry cleaning1 and thermal drying4 7#e7 ,enhanced oil recovery ,the term enhanced oil recovery has the meaning defined at section #a4aic-a7;b77#b7 of title #bf1 ,code of ,federal ,regulations1 as in effect on the date of enactment of this section4 7#f7 ,facility ,the term facility means any physical property1 plant1 building1 structure1 source1 or stationary equipment located on one or more contiguous or adjacent properties in actual physical contact or separated solely by a public roadway or other public right-of-way and under common ownership or common control1 that emits or may emit any greenhouse gas4 7#g7 ,fossil fuel ,the term fossil fuel means coal1 petroleum products1 or natural gas4 7#h7 ,greenhouse gas ,the term greenhouse gas means carbon dioxide1 nitrous oxide1 methane1 hydrofluorocarbons1 perfluorocarbons1 and sulfur hexafluoride4 7#i7 ,greenhouse gas effects ,the term greenhouse gas effects means the adverse effects of greenhouse gasses on health or welfare caused by the greenhouse gas's heat-trapping potential or its effect on ocean acidification4 7#aj7 ,lifecycle greenhouse gas emissions ,the term lifecycle greenhouse gas emissions has the meaning given that term in section #baa of the ,clear ,air ,act4 7#aa7 ,natural gas ,the term natural gas means any fuel consisting in whole or in part of natural gas1 including components of natural gas such as methane and ethane2 liquid petroleum gas2 synthetic gas derived from coal1 petroleum1 or natural gas liquids2 or any mixture of natural gas and synthetic gas4 7#ab7 ,petroleum products ,the term petroleum products means unfinished oils1 liquefied petroleum gases1 pentanes plus1 aviation gasoline1 motor gasoline1 naphtha-type jet fuel1 kerosene-type jet fuel1 kerosene1 distillate fuel oil1 residual fuel oil1 petrochemical feedstocks1 special naphthas1 lubricants1 waxes1 petroleum coke1 asphalt1 road oil1 still gas1 and miscellaneous products obtained from the processing of crude oil 7including lease condensate71 natural gas1 and other hydrocarbon compounds4 ,the term does not include natural gas1 liquefied natural gas1 biofuels1 methanol1 and other nonpetroleum fuels4 7#ac7 ,publish ,the term publish means publication in the ,federal ,register4 7#ad7 ,refinery ,the term refinery means any facility engaged in producing gasoline1 kerosene1 distillate fuel oils1 residual fuel oils1 lubricants1 or other products through distillation of petroleum or through redistillation1 cracking1 or reforming of unfinished petroleum derivatives4 7#ae7 ,owner ,the term owner with respect to any fossil fuel means any person who has legal title to the fossil fuel4 7#af7 ,owner or operator ,the term owner or operator with respect to any fossil fuel means any person who has legal title to the fossil fuel4 7#ag7 ,sequesters ,the term sequesters means the permanent storage of carbon dioxide or other greenhouse gas such that it does not escape into the atmosphere1 and is in compliance with the regulations issued pursuant to section #de,q7f77#b74 7#ah7 ,solid biomass ,the term solid biomass means nonfossilized and biodegradable organic material originating from plants1 animals1 or microorganisms1 including products1 byproducts1 residues and waste from agriculture1 forestry1 and related industries as well as the nonfossilized and biodegradable organic fractions of industrial and municipal wastes1 but does not include gases and liquids recovered from the decomposition of nonfossilized and biodegradable organic material4 7#ai7 ,source category ,the term source category means any category or subcategory regulated under part #fj of title #dj1 ,code of ,federal ,regulations1 or part #ij of title #dj1 ,code of ,federal ,regulations4 #b ,tax ,adjustments for ,imports and ,exports of ,greenhouse ,gas ,intensive ,products ,sec4 #iiaa4 ,purposes4 ,sec4 #iiab4 ,definitions4 ,sec4 #iiac4 ,notification of foreign countries4 ,sec4 #iiad4 ,border tax adjustment rate4 #iiaa4 ,purposes 7a7 ,purposes of part ,the purposes of this part are-- 7#a7 to promote a strong global effort to significantly reduce greenhouse gas emissions1 and 7#b7 to prevent carbon leakage4 7b7 ,additional purposes of part ,the purposes of this part are additionally-- 7#a7 to provide a rebate to exporters in domestic eligible industrial sectors for the greenhouse gas emission costs of the owners and operators incurred under this title1 but not for costs associated with other related or unrelated market dynamics1 7#b7 to ensure that imports from other countries1 and1 in particular1 fast-growing developing countries1 do not enjoy competitive advantages because of the carbon tax liability of domestic manufacturers1 and therefore increase their emissions1 7#c7 to encourage foreign countries to take substantial action with respect to their greenhouse gas emissions1 and 7#d7 to ensure that the measures described in this subpart are designed and implemented in a manner consistent with applicable international agreements to which the ,united ,states is a party4 #iiab4 ,definitions ,in this part3 7#a7 ,carbon leakage ,the term carbon leakage means any substantial increase 7as determined by the ,secretary7 in greenhouse gas emissions by entities located in other countries caused by a cost of production increase in the ,united ,states resulting from implementation of this title4 7#b7 ,border tax adjustment ,the term border tax adjustment means the levying of a tax on imported covered goods equivalent to the amount of tax paid pursuant to part #a of this subtitle in the manufacture of comparable domestic manufactured goods1 and the rebating of the tax paid pursuant to part #a of this subtitle that has been paid on covered goods exported from the ,united ,states4 7#c7 ,border tax adjustment rate ,the term border tax adjustment rate means the amount of tax that would be paid on a covered good produced in the ,united ,states in the current year4 7#d7 ,commissioner ,the term ,commissioner means the ,commissioner of ,united ,states ,customs and ,border ,protection4 7#e7 ,covered good ,the term covered good means a good that is-- 7,a7 entered under a heading or subheading of the ,harmonized ,tariff ,schedule of the ,united ,states that corresponds to the ,,naics code for an eligible industrial sector1 as established in the concordance between ,,naics codes and the ,harmonized ,tariff ,schedule of the ,united ,states prepared by the ,united ,states ,census ,bureau1 or 7,b7 a manufactured item for consumption4 7#f7 ,eligible industrial sector ,the term eligible industrial sector means an industrial sector determined by the ,secretary under section #iiac4 7#g7 ,industrial sector ,the term industrial sector means any sector that-- 7,a7 is in the manufacturing sector 7as defined in ,,naics codes #ca1 #cb1 and #cc71 or 7,b7 is part of1 or an entire1 sector that beneficiates or otherwise processes 7including agglomeration7 metal ores1 including iron and copper ores1 soda ash1 and phosphate4 ,the term industrial sector does not include any part of a sector that extracts fossil fuels1 metal ores1 soda ash1 or phosphate4 7#h7 ,manufactured item for consumption ,the term manufactured item for consumption means any good-- 7,a7 that includes in substantial quantities one or more goods like the goods produced by an eligible industrial sector1 and 7,b7 for which the ,secretary has determined1 with the concurrence of the ,commissioner1 that the application of the border tax adjustment program pursuant to this part is technically and administratively feasible and appropriate to achieve the purposes of this part1 taking into account the greenhouse gas intensity1 and where appropriate the trade intensity1 of the industrial sector that produces the good1 as measured consistent with section #iiac and the ability of the producers to recover cost increases in the marketplace and other appropriate factors4 7#i7 ,,naics ,the term ,,naics means the ,north ,american ,industrial ,classification ,system of #bjjb4 7#aj7 ,output ,the term output means the total tonnage or other standard unit of production 7as determined by the ,secretary7 produced by an entity in an industrial sector4 #iiac4 ,notification of foreign countries 7a7 ,in general ,as soon as practicable after the date of the enactment of the ,modernizing ,america with ,rebuilding to ,kickstart the ,economy of the ,twenty-first ,century with a ,historic ,infrastructure-,centered ,expansion ,act1 the ,president shall notify each foreign country-- 7#a7 requesting the foreign country to take appropriate measures to limit the greenhouse gas emissions of the foreign country1 and 7#b7 indicating that a border tax adjustment may apply to covered goods imported into and exported from the ,united ,states4 7b7 ,lists 7#a7 ,in general ,not later than #a year after the date of the enactment of the ,modernizing ,america with ,rebuilding to ,kickstart the ,economy of the ,twenty-first ,century with a ,historic ,infrastructure-,centered ,expansion ,act1 the ,secretary shall promulgate a rule designating1 based on the criteria under subsection 7c77#b71 industrial sectors where covered products are liable for the border tax adjustment4 7#b7 ,content ,the list shall include the amount of the border tax adjustment rate for each covered good in the following calendar year pursuant to section #iiad4 7#c7 ,subsequent lists ,not later than ,january #ca of each calendar year after the calendar year in which the ,modernizing ,america with ,rebuilding to ,kickstart the ,economy of the ,twenty-first ,century with a ,historic ,infrastructure-,centered ,expansion ,act is enacted1 the ,secretary shall publish in the ,federal ,register an updated version of the list published under paragraph 7#a74 7c7 ,eligible industrial sectors 7#a7 ,presumptively eligible industrial sectors 7,a7 ,eligibility criteria 7i7 ,in general 7,i7 ,imported covered goods are liable under this part if they are produced in the ,united ,states in an industrial sector that is included in a #f-;digit classification of the ,,naics that meets the criteria in both clauses 7ii7 and 7iii74 7,,ii7 ,exported covered goods are eligible under this part if they are produced in the ,united ,states in an industrial sector that is included in a #f-;digit classification of the ,,naics that meets the criteria in clause 7ii74 7ii7 ,greenhouse gas intensity ,as determined by the ,secretary1 an industrial sector meets the criteria of this clause if the ,united ,states industrial sector has a greenhouse gas intensity of at least #e percent1 calculated by dividing-- 7,i7 the number of metric tons of carbon dioxide equivalent greenhouse gas emissions 7including direct emissions from fuel combustion1 process emissions1 and indirect emissions from the generation of electricity used to produce the output of the sector7 of the sector based on data described in subparagraph 7,c71 multiplied by the applicable rate in section #iija7;b77#b71 by 7,,ii7 the value of the shipments of the sector1 based on data described in subparagraph 7,c74 7iii7 ,trade intensity ,as determined by the ,secretary1 an industrial sector meets the criteria of this clause if the industrial sector has a trade intensity of at least #ae percent1 calculated by dividing-- 7,i7 the value of the total imports and exports of the sector1 by 7,,ii7 the value of the shipments plus the value of imports of the sector1 based on data described in subparagraph 7,c74 7,b7 ,metal and phosphate production classified under more than one naics code ,for purposes of this section1 the ,secretary shall-- 7i7 aggregate data for the beneficiation or other processing 7including agglomeration7 of metal ores1 including iron and copper ores1 soda ash1 or phosphate with subsequent steps in the process of metal and phosphate manufacturing1 regardless of the ,,naics code under which the activity is classified1 and 7ii7 aggregate data for the manufacturing of steel with the manufacturing of steel pipe and tube made from purchased steel in a nonintegrated process4 7,c7 ,data sources 7i7 ,value of shipments 7,i7 ,in general ,the ,secretary shall determine the value of shipments under this subsection from data from the ,united ,states ,census ,annual ,survey of ,manufacturers4 7,,ii7 ,average data available ,the ,secretary shall use the average of data from the most recent #c years for which the data are available4 7,,iii7 ,average data not available ,if data described in subclause 7,,ii7 are unavailable1 the ,secretary shall make a determination based on-- 7aa7 data from the most detailed industrial classification level of the ,manufacturing ,energy ,consumption ,survey of the ,energy ,information ,administration1 and 7bb7 data from the most recent ,economic ,census of the ,united ,states4 7,,iv7 ,data not available for sector ,if data from the ,manufacturing ,energy ,consumption ,survey or ,economic ,census are unavailable for any sector at the #f-;digit classification level in the ,,naics1 the ,secretary may use available ,manufacturing ,energy ,consumption ,survey or ,economic ,census data pertaining to a broader industrial category classified in the ,,naics4 7,v7 ,data not available for processing ,if data relating to the beneficiation or other processing 7including agglomeration7 of metal ores 7including iron and copper ores1 soda ash1 or phosphate7 are not available from the specified data sources1 the ,secretary-- 7aa7 shall use the best available ,federal or ,state government data1 and 7bb7 may use1 to the extent necessary1 representative data submitted by entities that perform the beneficiation or other processing 7including agglomeration71 in making a determination4 7ii7 ,imports and exports 7,i7 ,in general ,the ,secretary shall base the value of imports and exports under this subsection on ,united ,states ,international ,trade ,commission data4 7,,ii7 ,average data available ,the ,secretary shall use the average of data from the three most recent years for which the data are available4 7,,iii7 ,average data not available ,if data from the ,united ,states ,international ,trade ,commission are unavailable for any sector at the #f-;digit classification level in the ,,naics1 the ,secretary may use ,united ,states ,international ,trade ,commission data pertaining to a broader industrial category classified in the ,,naics4 7iii7 ,percentages ,the ,secretary shall round the greenhouse gas intensity and trade intensity percentages under subparagraph 7,a7 to the nearest whole number4 7iv7 ,greenhouse gas emission calculations ,when calculating the metric tons of carbon dioxide equivalent greenhouse gas emissions for each sector under subparagraph 7,a77ii77,i71 the ,secretary-- 7,i7 shall use the best available data from the three most recent years for which the data are available1 and 7,,ii7 may1 to the extent necessary with respect to a sector1 use economic and engineering models and the best available information on technology performance levels for the sector4 7#b7 ,administrative determination of additional eligible industrial sectors 7,a7 ,updated trade intensity data ,the ,secretary shall designate as liable for the border tax adjustment rate on imported products under this part an industrial sector that-- 7i7 met the greenhouse gas intensity criteria in paragraph 7#a77;,a77ii7 as of the date of promulgation of the rule under paragraph 7#a71 and 7ii7 meets the trade intensity criteria established under paragraph 7#a77;,a77iii71 using data sources described in paragraph 7#a77;,c7 from any year after the passage of this ,act4 7,b7 ,individual showing petition 7i7 ,petition ,in addition to designation under subparagraph 7,a71 the owner or operator of an entity or a group of entities that collectively produce not less than #hj percent of the average annual value of shipments from within the sector of the group consistent with subclause 7,i71 that manufacture similar products in an industrial sector may petition the ,secretary to designate as eligible industrial sectors under this part an entity or a group of entities that-- 7,i7 represent a sector using a standard product classification1 and 7,,ii7 meet the respective import and_/or export eligibility criteria in paragraph 7#a77;,a77i74 7ii7 ,data ,in making a determination under this subparagraph1 the ,secretary shall consider-- 7,i7 data submitted by the petitioner1 7,,ii7 data solicited by the ,secretary from other entities in the sector1 and 7,,iii7 data specified in paragraph 7#a77;,c74 7iii7 ,basis of subsector determination 7,i7 ,in general ,except as provided in subclause 7,,ii71 the ,secretary shall determine an entity or group of entities to be a subsector of a #f-;digit section of the ,,naics code based only on the products manufactured and not the industrial process by which the products are manufactured4 7,,ii7 ,type of material ,the ,secretary may determine an entity or group of entities that manufacture a product from primarily virgin material to be a separate subsector from another entity or group of entities that manufacture the same product primarily from recycled material4 7iv7 ,use of most recent data ,in determining whether to designate a sector or subsector as an eligible industrial sector under this subparagraph1 the ,secretary shall use the most recent data available from the sources described in paragraph 7#a77;,c71 rather than the data from the years specified in paragraph 7#a77;,c71 to determine the trade intensity of the sector or subsector1 but only for determining the trade intensity4 7v7 ,final action ,the ,secretary shall take final action on a petition described in this subparagraph not later than #ahj days after the date the completed petition is received by the ,secretary4 7#c7 ,cessation of qualifying activities ,if1 as determined by the ,secretary1 an industrial sector or a covered good within the sector is no longer liable to be designated under this section1 the ,commissioner shall cease to apply the border tax adjustment on the relevant covered goods with effect from ,january #a of the following year4 #iiad4 ,border tax adjustment rate 7a7 ,establishment ,the ,secretary1 with the concurrence of the ,commissioner1 shall1 no later than the date that is one year after the date of the enactment of this section1 promulgate regulations-- 7#a7 establishing the products which are liable for1 and requiring payment of1 the border tax adjustment rate1 7#b7 establishing a general methodology for calculating the level of the border tax adjustment rate that a domestic importer of any covered good must submit and the rebate that an exporter will receive1 7#c7 establishing an administrative process whereby any determination by the ,secretary under this subsection may be appealed1 7#d7 exempting from this section products that originate from-- 7,a7 any country that the ,united ,nations has identified as among the least developed of developing countries1 or 7,b7 any country that the ,president has determined to be responsible for less than #j4e percent of total global greenhouse gas emissions and less than #e percent of global production in the eligible industrial sector1 7#e7 specifying the procedures that the ,commissioner will apply for the declaration and entry of covered goods with respect to the eligible industrial sector into the customs territory of the ,united ,states1 and 7#f7 establishing procedures that prevent circumvention of the carbon tax liability for covered goods that are manufactured or processed in more than one foreign country4 7b7 ,presidential discretion ,the ,president may elect not to levy the border tax adjustment for an eligible industrial sector or for specific products within that sector if the ,president determines and certifies to ,congress that the program would not be in the national interest1 economic interest1 or environmental interest of the ,united ,states4 4 7b7 ,clerical amendment ,the table of subtitles for the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new item3 ,subtitle ,l4 ,greenhouse ,gas ,emissions4 4 7c7 ,effective date ,the amendments made by this section shall apply to emissions after the later of ,december #ca1 #bjai1 and the date that is one year after the date regulations are promulgated under section #iiad of the ,internal ,revenue ,code of #aihf4 ,,ii ,distribution of ,revenues ,from ,taxation of ,greenhouse ,gas ,emissions ,a ,rebuilding ,infrastructure and ,solutions for the ,environment ,trust ,fund #bja4 ,establishment of the rise trust fund ,there is hereby created in the ,treasury of the ,united ,states a trust fund to be known as the ,rebuilding ,infrastructure and ,solutions for the ,environment ,trust ,fund 7hereafter in this ,act referred to as the ,,rise ,trust ,fund71 consisting of amounts paid into the ,treasury pursuant to subtitle ,l of the ,internal ,revenue ,code of #aihf 7as added by title ,i of this ,act71 and #ge percent of such amounts are hereby appropriated and transferred to the ,,rise ,trust ,fund4 #bjb4 ,appropriations from the rise trust fund 7a7 ,in general ,amounts in the ,,rise ,trust ,fund for a fiscal year shall be available1 as provided by appropriation ,acts1 as follows3 7#a7 #gj percent for each of the fiscal years #bjba through #bjcj to the ,highway ,trust ,fund4 7#b7 #a4e percent for each of the fiscal years #bjba through #bjcj for the weatherization program developed under part ,a of title ,,iv of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfa et seq474 7#c7 #c percent for each of the fiscal years #bjba through #bjcj for assistance for displaced energy workers under section #cba4 7#d7 #b4e percent for each of the fiscal years #bjba through #bjcj to the ,airport and ,airway ,trust ,fund under section #iejb of the ,internal ,revenue ,code of #aihf4 7#e7 #j4a percent for each of the fiscal years #bjba through #bjcj to the ,leaking ,underground ,storage ,trust ,fund under section #iejh of the ,internal ,revenue ,code of #aihf4 7#f7 #a4e percent for each of the fiscal years #bjba through #bjcj to the ,abandoned ,mine ,reclamation ,fund under section #dja of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abca74 7#g7 #d percent for each of the fiscal years #bjba through #bjcj for frequent and chronic coastal flooding mitigation and adaptation infrastructure projects under section #cjb4 7#h7 #a4e percent for each of the fiscal years #bjba through #bjcj for ,advanced ,research ,projects ,agency-,energy under section #ejab of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afech74 7#i7 #j4g percent for each of the fiscal years #bjba through #bjcj for the ,carbon ,capture ,research and ,development ,program of the ,national ,energy ,technology ,laboratory1 ,office of ,fossil ,energy1 ,department of ,energy4 7#aj7 #j4e percent for each of the fiscal years #bjba through #bjcj for assistance for ,carbon ,storage ,,doe ,fossil ,energy ,research1 ,development1 and ,demonstration ,program ,areas1 ,coal ,program ,area 7,carbon ,storage74 7#aa7 #j4e percent for each of the fiscal years #bjba through #bjcj for assistance to the ,national ,energy ,technology ,laboratory of the ,office of ,fossil ,energy for the research and development of carbon removal technologies4 7#ab7 #j4c percent for each of the fiscal years #bjba through #bjcj to the ,secretary of ,energy for research and development to identify and assess novel uses for carbon oxides1 including the conversion of carbon dioxide for commercial and industrial products1 such as chemicals1 plastics1 building materials1 fuels1 cement1 products of coal use in power systems or other applications1 or other products with demonstrated market value4 7#ac7 #j4b percent for each of the fiscal years #bjba through #bjcj to the ,secretary of ,energy to provide grants to entities constructing common carrier pipeline infrastructure to transport anthropogenic carbon dioxide for the incremental cost of providing extra capacity for future carbon dioxide transport needs4 7#ad7 #j4e percent for each of the fiscal years #bjba through #bjcj for research and development relating to energy storage by battery through the ,office of ,electricity1 ,department of ,energy4 7#ae7 #aj percent for each of the fiscal years #bjba through #bjcj for ,state grants under section #bjc4 7#af7 #a percent for each of the fiscal years #bjba through #bjcj to the ,reforestation ,trust ,fund 7#af ,u4,s4,c4 #afjf;a74 7#ag7 #j4a percent for each of the fiscal years #bjba through #bjcj for assistance through cooperative agreements to decrease the environmental impact of energy-related activities pursuant to section #ica of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbca74 7#ah7 #a4f percent for each of the fiscal years #bjba through #bjcj for the environmental quality incentives program under chapter #d of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa et seq47 for payments to producers to implement practices that promote improvements identified in subparagraphs 7,a7 and 7,c7 of section #abdj;,b7d77#c7 of such ,act 7#af ,u4,s4,c4 #chci;aa-#b74 7#ai7 #j4e percent for each of fiscal years #bjba through #bjcj for the regional conservation partnership program under section #abga of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chga7 for eligible activities on eligible land through partnership agreements with eligible partners and contracts with producers that address one of the following goals3 7,a7 ,soil health4 7,b7 ,nutrient management4 7,c7 ,forest restoration4 7,d7 ,reduction of methane emissions4 7,e7 ,other related activities that the ,secretary determines will help achieve conservation benefits and increase carbon sequestration or reduce greenhouse gas emissions4 7b7 ,carbon removal ,for purposes of subsection 7a77#aa71 the term carbon removal technologies includes3 7#a7 ,direct air capture and storage technologies1 which shall not include any equipment which captures carbon dioxide which is deliberately released from naturally occurring subsurface springs or using natural photosynthesis4 7#b7 ,bioenergy with carbon capture and sequestration4 7#c7 ,enhanced geological weathering4 7#d7 ,agricultural and grazing practices4 7#e7 ,forest management and afforestation4 7#f7 ,planned or managed carbon sinks1 including natural and artificial4 4 7c7 ,wage rate requirements ,notwithstanding any other provision of law and in a manner consistent with other provisions in this ,act1 all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the ,federal ,government pursuant to this ,act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 ,with respect to the labor standards specified in this section1 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 7d7 ,conforming amendments 7#a7 ,leaking underground storage tank trust fund ,section #iejh7;b7 of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 by striking and at the end of paragraph 7#c72 7,b7 by striking the period at the end of paragraph 7#d7 and inserting 1 and2 and 7,c7 by inserting after paragraph 7#d7 the following3 7#e7 amounts made available to the ,leaking ,underground ,storage ,tank ,trust ,fund from the ,,rise ,trust ,fund under section #bjb7;a77#e7 of the ,modernizing ,america with ,rebuilding to ,kickstart the ,economy of the ,twenty-first ,century with a ,historic ,infrastructure-,centered ,expansion ,act4 4 7#b7 ,reforestation trust fund 7,a7 ,source of funds ,section #cjc7;a7 of the ,act of ,october #ad1 #aihj 7#af ,u4,s4,c4 #afjf;a7a77 is amended by striking subsection 7b77#a7 and inserting paragraph 7#a7 or 7#d7 of subsection 7b74 7,b7 ,special rule relating to limitation ,section #cjc7;b7 of the ,act of ,october #ad1 #aihj 7#af ,u4,s4,c4 #afjf;a7b77 is amended-- 7i7 in paragraph 7#b7 by inserting under paragraph 7#a7 after transfer1 and 7ii7 by adding at the end the following3 7#d7 ,not later than #i months after the enactment of the ,modernizing ,america with ,rebuilding to ,kickstart the ,economy of the ,twenty-first ,century with a ,historic ,infrastructure-,centered ,expansion ,act1 the ,secretary shall transfer to the ,trust ,fund the amounts made available under section #bjb7;a77#ac7 of such ,act4 4 #bjc4 ,state grants 7a7 ,in general ,from amounts made available under section #bjb7;a77#ae71 the ,secretary of the ,treasury shall make a annual grant to each ,state 7hereafter in this section referred to as ,state grant7 to distribute to eligible low-income households in accordance with this section4 7b7 ,eligible low-,income household ,a household shall be considered to be an eligible low-income household for purposes of this section if-- 7#a7 except as provided in subsection 7d77#d71 the gross income of the household does not exceed #aej percent of the poverty line2 7#b7 the appropriate ,state agency for the ,state in which the household is located determines that the household is participating in-- 7,a7 the ,supplemental ,nutrition ,assistance ,program authorized by the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq472 7,b7 the ,food ,distribution ,program on ,indian ,reservations authorized by section #d7;b7 of such ,act 7#g ,u4,s4,c4 #bjac7;b772 or 7,c7 the program for nutrition assistance in ,puerto ,rico or ,american ,samoa under section #ai of such ,act 7#g ,u4,s4,c4 #bjbh72 7#c7 the household consists of a single individual or a married couple1 and-- 7,a7 receives the subsidy described in section #ahfj;,d-#ad of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aad72 or 7,b7 7i7 participates in the program under title ,,xviii of the ,social ,security ,act2 and 7ii7 meets the income requirements described in section #ahfj;,d-#ad7;a77#a7 or 7a77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aad7;a77#a7 or 7a77#b772 or 7#d7 the household consists of a single individual or a married couple1 and receives benefits under the supplemental security income program under title ,,xvi of the ,social ,security ,act 7#db ,u4,s4,c4 #acha-achc;f74 7c7 ,amount ,the ,secretary of the ,treasury1 in consultation with the ,secretary of ,energy and the ,administrator of the ,environmental ,protection ,agency1 shall determine the amount of each ,state grant in proportion to the percentage of total ,united ,states greenhouse gas emissions attributable to electricity1 natural gas1 gasoline1 diesel1 and fuel ethanol sold in such ,state during the preceding calendar year4 7d7 ,rule relating to process ,not later than #a year after the enactment of this ,act1 the ,secretary of the ,treasury shall establish by rule a date in each year by which each ,state shall notify the ,secretary how the ,state intends to distribute the ,state ,grant4 ,the ,secretary shall transfer the ,state ,grant to each ,state only upon the ,state demonstrating to the ,secretary's satisfaction that the ,state intends to distribute the ,state ,grant in accordance with this section4 7e7 ,state ,for the purposes of this section1 the term ,state includes the ,district of ,columbia and any territory of possession of the ,united ,states4 ,b ,certain ,manufacturers ,excise ,taxes #baa4 ,repeal of ,federal motor vehicle and aviation fuel taxes 7a7 ,in general ,subpart ,a of part ,,iii of subchapter ,a of chapter #cb of the ,internal ,revenue ,code of #aihf is hereby repealed4 7b7 ,effective date ,the repeal made by subsection 7a7 shall apply to transactions after ,december #ca1 #bjai4 #bab4 ,amendments to certain tax credits for carbon capture and storage 7a7 ,in general ,section #de,q of the ,internal ,revenue ,code 7#bf ,u4,s4,c4 #de,q7 is amended in subsection 7d77#a71 by striking #bjbd and inserting #bjbf4 7b7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4 #bac4 ,modifications of qualifying advanced coal project credit 7a7 ,sequestration requirement for certain equipment ,section #dh;,a7e77#a77;,g7 of the ,internal ,revenue ,code of #aihf is amended by inserting and #fj percent in the case of an application for a reallocation of credits under subsection 7d77#d7 with respect to an electrical generating unit in existence on ,october #c1 #bjjh after under subsection 7d77#d74 7b7 ,nameplate generating capacity requirement ,section #dh;,a7e77#a77;,c7 of such ,code is amended by striking #djj megawatts and inserting #bjj megawatts4 7c7 ,advanced coal-,based generation technology requirements 7#a7 ,in general ,section #dh;,a7f77#a7 of such ,code is amended by striking generation technology if-- and all that follows through the unit is designed and inserting generation technology if the unit is designed4 7#b7 ,conforming amendments ,section #dh;,a7f7 is amended-- 7,a7 by striking all that precedes the purpose of this section and inserting the following3 7f7 ,advanced coal-,based generation technology ,for 2 7,b7 by striking in subparagraph 7,b7 in the second sentence and inserting in this subsection2 and 7,c7 by striking paragraphs 7#b7 and 7#c74 7d7 ,performance requirements in case of best available control technology ,section #dh;,a7f7 of such ,code1 as amended by this ,act1 is amended by adding at the end the following3 ,in the case of a retrofit of a unit which has undergone a best available control technology analysis after ,august #h1 #bjje1 with respect to the removal or emissions of any pollutant which is ,,so#b or ,n,ox1 the removal or emissions design level with respect to such pollutant shall be the level determined in such analysis44 7e7 ,clarification of reallocation authority ,section #dh;,a7d77#d7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 by striking ,not later than #f years after the date of enactment of this section1 the and inserting ,the2 and 7,b7 by inserting and every #f months thereafter until all credits available under this section have been allowed after the date which is #f years after the date of enactment of this section2 7#b7 in subparagraph 7,b7-- 7,a7 by striking may reallocate credits available under clauses 7i7 and 7ii7 of paragraph 7#c77;,b7 and inserting shall reallocate credits remaining available under paragraph 7#c72 7,b7 by striking or at the end of clause 7i72 and 7,c7 by striking clause 7ii7 and inserting the following3 7ii7 any applicant for certification which submitted an accepted application has subsequently failed to satisfy the requirements under paragraph 7#b77;,d71 or 7iii7 any certification made pursuant to paragraph 7#b7 has been revoked pursuant to paragraph 7#b77;,e74 2 and 7#c7 in subparagraph 7,c7-- 7,a7 by striking clause 7i7 or 7ii7 of paragraph 7#c77;,b7 and inserting paragraph 7#c72 7,b7 by striking is authorized to and inserting shall2 and 7,c7 by striking an additional program and inserting additional programs4 7f7 ,effective date 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by this section shall apply to allocations and reallocations after the date of the enactment of this ,act4 7#b7 ,reallocation ,the amendments made by subsection 7e7 shall apply to credits remaining available under section #dh;,a7d77#c7 of the ,internal ,revenue ,code of #aihf on the date of the enactment of this ,act4 ,,iii ,amendments to ,other ,laws ,a ,amendments to ,federal ,environmental ,statutes #cja4 ,amendments to the ,clean ,air ,act 7a7 ,in general ,title ,,iii of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfja7 is amended by adding at the end the following3 #ccj4 ,moratorium against certain regulations based on greenhouse gas effects 7a7 ,fuels ,unless specifically authorized in section #bjb1 #baa1 #bac1 #bca1 or this section1 after a fossil fuel has passed through a point of taxation as provided in section #iija7;d7 of the ,internal ,revenue ,code of #aihf1 subject to subsection 7g71 the ,administrator shall not issue or enforce any rule limiting the emission of greenhouse gases from the combustion of that fuel under this ,act 7or impose any requirement on any ,state to limit such emission7 on the basis of the emission's greenhouse gas effects4 7b7 ,emissions ,unless specifically authorized in section #bjb1 #baa1 #bac1 #bca1 or this section1 if emission of any greenhouse gas is subject to taxation pursuant to section #iijb or #iijc of the ,internal ,revenue ,code of #aihf1 the ,administrator shall not issue or enforce any rule limiting such emission under this ,act 7or impose any requirement on any ,state to limit such emission7 on the basis of the emission's greenhouse gas effects4 7c7 ,authorized regulation ,notwithstanding subsections 7a7 and 7b71 nothing in this section limits the ,administrator's authority pursuant to any other provision of this ,act-- 7#a7 to limit the emission of any greenhouse gas because of any adverse impact on health or welfare other than its greenhouse gas effects2 7#b7 in limiting emissions as described in paragraph 7#a71 to consider the collateral benefits of limiting the emissions because of greenhouse gas effects2 7#c7 to limit the emission of any other pollutant that is not a greenhouse gas that the ,administrator determines by rule has heat-trapping properties2 or 7#d7 to take any action with respect to any greenhouse gas other than limiting its emission1 including-- 7,a7 monitoring1 reporting1 and record-keeping requirements2 7,b7 conducting or supporting investigations2 and 7,c7 information collection4 7d7 ,exception for certain greenhouse gas emissions ,notwithstanding subsections 7a7 and 7b71 nothing in this section limits the ,administrator's authority to regulate greenhouse gas emissions from-- 7#a7 facilities that-- 7,a7 are subject to subpart ,,oooo or ,o,o,o,oa of part #fj of title #dj1 ,code of ,federal ,regulations1 as in effect on ,january #a1 #bjah1 or 7,b7 would be subject to either subpart ,,oooo or ,o,o,o,oa if those subparts applied to facilities without regard to the date on which construction1 modification1 or reconstruction commenced1 and 7#b7 ,,potw ,treatment ,plants 7as defined in section #djc4c7r7 of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this section774 7e7 ,definitions ,in this section1 the terms greenhouse gas and greenhouse gas effects have the meanings given to those terms in section #iijg of the ,internal ,revenue ,code of #aihf4 7f7 ,moratorium expiration ,subsections 7a7 and 7b7 shall cease to apply beginning on ,january #a1 #bjcc4 7g7 ,exceptions 7#a7 #bjbd ,notwithstanding subsections 7a7 and 7b7 of this section and section #baa7;c77#e7 of this ,act1 if the ,administrator determines by ,march #cj1 #bjbe1 pursuant to the report required by section #iija7;b77#c77;,a7 of the ,internal ,revenue ,code of #aihf1 that total greenhouse gas emissions from sources subject to taxation under sections #iija through #iijc of such ,code during the period of calendar years #bjba through #bjbd exceed the emission level specified in section #iija7;b77#c77;,a7 of such ,code for calendar year #bjbd1 then beginning on ,october #a1 #bjbe1 subsections 7a7 and 7b7 shall cease to apply4 7#b7 #bjbh ,notwithstanding subsections 7a7 and 7b7 of this section and section #baa7;c77#e7 of this ,act1 if the ,administrator determines by ,march #cj1 #bjbi1 pursuant to the report required by section #iija7;b77#c77;,a7 of the ,internal ,revenue ,code of #aihf1 that total greenhouse gas emissions from sources subject to taxation under sections #iija through #iijc of such ,code during the period of calendar years #bjba through #bjbh exceed the emission level specified in section #iija7;b77#c77;,a7 of such ,code for calendar year #bjbh1 then beginning on ,october #a1 #bjbi1 subsections 7a7 and 7b7 shall cease to apply4 4 7b7 ,new motor vehicles and new motor vehicle engines ,section #bjb7;b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #geba7;b77 is amended-- 7#a7 by redesignating the second paragraph 7#c7 7as redesignated by section #bcj7d77;,c7 of ,public ,law #aja-edi 7#ajd ,stat4 #bebi77 as paragraph 7#d72 and 7#b7 by adding at the end the following3 7#e7 ,notwithstanding section #ccj7;a71 the ,administrator may-- 7,a7 limit the emission of any greenhouse gas 7as defined in section #iijg of the ,internal ,revenue ,code of #aihf7 on the basis of the emission's greenhouse gas effects 7as defined in section #iijg of the ,internal ,revenue ,code of #aihf7 from any class or classes of new motor vehicles or new motor vehicle engines subject to regulation under subsection 7a77#a72 and 7,b7 grant a waiver under section #bji7;b77#a7 for standards for the control of greenhouse gas emissions4 4 7c7 ,fuels ,section #baa7;c7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7;c77 is amended by adding at the end the following new paragraph3 7#e7 ,except as required in subsection 7o71 the ,administrator shall not1 pursuant to this subsection1 impose on any manufacturer1 processor1 or distributor of fuel any requirement for the purpose of reducing the emission of any greenhouse gas 7as defined in section #iijg of the ,internal ,revenue ,code of #aihf7 produced by combustion of the fuel on the basis of the emission's greenhouse gas effects 7as defined in section #iijg of the ,internal ,revenue ,code of #aihf74 4 7d7 ,nonroad engines and vehicles emissions standards ,section #bac of the ,clean ,air ,act 7#db ,u4,s4,c4 #gedg7 is amended by adding at the end the following3 7e7 ,greenhouse gas emissions ,notwithstanding subsections 7a7 and 7b7 of section #ccj1 the ,administrator may limit the emission of any greenhouse gas 7as defined in section #iijg of the ,internal ,revenue ,code of #aihf7 on the basis of the emission's greenhouse gas effects 7as defined in section #iijg of the ,internal ,revenue ,code of #aihf7 from any nonroad engines and nonroad vehicles subject to regulation under this section4 4 7e7 ,aircraft emission standards ,section #bca of the ,clean ,air ,act 7#db ,u4,s4,c4 #geg7 is amended by adding at the end the following new subsection3 7d7 ,notwithstanding subsections 7a7 and 7b7 of section #ccj1 the ,administrator may limit the emission of any greenhouse gas 7as defined in section #iijg of the ,internal ,revenue ,code of #aihf7 on the basis of the emission's greenhouse gas effects 7as defined in section #iijg of the ,internal ,revenue ,code of #aihf7 from any class or classes of aircraft engines1 so long as any such limitation is not more stringent than the standards adopted by the ,international ,civil ,aviation ,organization4 4 #cjb4 ,frequent and chronic flooding mitigation and adaptation infrastructure projects 7a7 ,in general ,the ,secretary of ,commerce and the ,secretary of the ,army 7hereinafter referred to as the ,secretaries71 in consultation with the ,secretary of ,homeland ,security1 may make grants to ,state and local governments and federally recognized ,indian ,tribes for frequent and chronic flooding mitigation and adaptation infrastructure projects4 7b7 ,authorized uses ,amounts provided as a grant under this section may be used for any of the following3 7#a7 ,adaptation of existing infrastructure to mitigate impacts of climate change1 including enhancements to both built and natural environments4 7#b7 ,maintenance and updating of existing flood risk reduction infrastructure1 such as gravity drainage structures1 road elevation1 bulkheads1 gates1 and floodwalls4 7#c7 ,increasing resilience to frequent and chronic flooding1 including 7as combined or separate projects7-- 7,a7 the creation of bulkheads1 levees1 and other hard infrastructure alone or in combination with natural infrastructure described in subparagraph 7,b72 and 7,b7 habitat restoration work1 including dune enhancement1 vegetative restoration1 beach renourishment1 coral and oyster reef restoration1 floodplain restoration1 and other actions to restore the function of the natural ecological function and processes to provide flood risk reduction benefits4 7#d7 ,improvements to conveyance1 diversion1 removal1 and storage infrastructure to reduce risks caused by frequent and chronic flooding4 7#e7 ,innovative methods to reduce risks caused by chronic flooding along street infrastructure systems1 including canal streets1 absorbent streets1 floodable parks1 bioswales1 rain gardens1 permeable pavement1 and underground cisterns4 7#f7 ,deployment of technologies designed to mitigate power outages1 continue delivery of vital electricity services1 and maintain the flow of power to facilities critical to public health1 safety and welfare1 including distributed generation1 energy storage1 and microgrids4 7c7 ,limitation on project eligibility ,a project shall not be eligible for funding under this section if it will have any long-term negative impact on important ecological functions and habitat or existing natural protection features and functions4 7d7 ,priority ,in making grants under this section the ,secretaries shall give priority to the following3 7#a7 ,protecting areas designated as special flood hazard areas for purposes of the national flood insurance program under the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djja et seq47 and the ,flood ,disaster ,protection ,act of #aigc 7#db ,u4,s4,c4 #djja et seq471 hazard areas that incorporate at least #b feet of additional freeboard1 or #c feet in the case of critical infrastructure1 above base flood elevation4 7#b7 ,protecting critical infrastructure1 as that term is defined in section #ajaf7;e7 of the ,,usa ,,patriot ,act of #bjja 7#db ,u4,s4,c4 #eaie;c7e774 7#c7 ,projects that yield flood risk reduction benefits and additional environmental1 social1 and economic benefits4 7e7 ,joint application ,two or more contiguous local governments or ,tribes may jointly apply for1 and receive1 a grant under this section4 7f7 ,cost sharing 7#a7 ,limitation on federal share ,the ,federal share of the cost of any activity carried out with a grant under this section shall not exceed #ij percent of the cost of such activity4 7#b7 ,non-federal share ,the ,secretary shall apply to the non-,federal share of an activity carried out with a grant under this section the amount of funds1 and the fair market value of property and services1 provided by non-,federal sources and used for the activity4 7g7 ,reports ,each recipient of a grant under this section shall report annually to the ,secretaries on the progress made on the project carried out with the grant4 #cjc4 ,no preemption of ,state law ,nothing in this act shall preempt or supersede1 or be interpreted to preempt or supersede1 any ,state law or regulation4 ,b ,assistance to ,displaced ,workers in the ,energy ,sector #cba4 ,assistance to displaced workers in the energy sector 7a7 ,in general ,for a period of #aj years after the enactment of the ,modernizing ,america with ,rebuilding to ,kickstart the ,economy of the ,twenty-first ,century with a ,historic ,infrastructure-,centered ,expansion ,act1 from amounts made available under section #bjb of this ,act1 the ,secretary of ,labor shall carry out a program to assist workers in the energy sector4 7b7 ,workers in the energy sector ,for purposes of this section1 the term workers in the energy sector means-- 7#a7 workers in fossil energy sectors that may be displaced as a result of the enactment of this ,act2 and 7#b7 workers in the nuclear power sector that work at a nuclear power plant-- 7,a7 that ceased operation in the two years preceding the date of enactment of this ,act2 or 7,b7 the owner of which announced prior to the date of enactment of this ,act its intent to cease the operation of the plant at a future date4 7c7 ,eligible activities ,such assistance may take the form of the following3 7#a7 ,worker retraining4 7#b7 ,relocation expenses for those who move to find new employment4 7#c7 ,early retirement4 7#d7 ,health benefits4 7#e7 ,block grants to affected communities for economic redevelopment and infrastructure investments4 7#f7 ,transfers to the trustees of the #aigd ,united ,mine ,workers of ,america ,pension ,plan to pay benefits required under that plan4 ,no such transfer shall be made in a first fiscal year beginning after a plan year for which the funded percentage 7as defined in section #dcb7;j77#b7 of the ,internal ,revenue ,code of #aihf7 of the #aigd ,united ,mine ,workers of ,america ,pension ,plan is at least #ajj percent4 ,,iv ,national ,climate ,commission #dja4 ,establishment of ,commission 7a7 ,establishment ,there is established a bipartisan commission to be known as the ,national ,climate ,commission 7in this title referred to as the ,commission74 7b7 ,membership 7#a7 ,composition ,the ,commission shall be composed of #aj members1 appointed as follows3 7,a7 ,one cochair appointed by the ,president4 7,b7 ,one cochair appointed by the majority or minority leader of the ,senate1 whoever is of the opposite party as the ,president1 in consultation with the ,speaker or minority leader of the ,house of ,representatives1 whoever is of the opposite party as the ,president4 7,c7 ,two members appointed by the majority leader of the ,senate4 7,d7 ,two members appointed by the minority leader of the ,senate4 7,e7 ,two members appointed by the ,speaker of the ,house of ,representatives4 7,f7 ,two members appointed by the minority leader of the ,house of ,representatives4 7#b7 ,qualifications 7,a7 ,in general ,to be considered for membership on the ,commission1 an individual shall demonstrate expertise in the economy1 energy1 climate1 or public health1 and be a representative from-- 7i7 an academic1 scientific1 or other non-governmental organization2 or 7ii7 an industry organization or small business in a relevant sector such as-- 7,i7 energy supply and transmission1 including fossil fuels and renewable energy2 7,,ii7 energy exploration and production1 including fossil fuels and renewable energy2 7,,iii7 solid waste and wastewater2 7,,iv7 transportation2 7,v7 chemical manufacturing2 7,,vi7 agriculture2 7,,vii7 construction2 and 7,,viii7 forestry4 7,b7 ,certain persons ineligible ,no employee1 owner1 director1 or other person affiliated with an entity that has donated funding for the activities of the ,commission pursuant to section #djd7;a7 may be appointed to the ,commission4 7,c7 ,appointment deadline ,members of the ,commission shall be appointed not later than #ahj days after the date of the enactment of this ,act4 7,d7 ,period of appointment ,members of the ,commission shall be appointed for a term of #f years1 which may be renewed4 7,e7 ,vacancy ,a vacancy in the ,commission shall not affect the powers of the ,commission and shall be filled in the same manner in which the original appointment was made4 7#c7 ,compensation of employees ,each member of the ,commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code1 for each day during which that member is engaged in the performance of the duties of the ,commission4 7#d7 ,travel expenses ,each member shall receive travel expenses to perform the duties of the ,commission1 including per diem in lieu of subsistence1 at rates authorized under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code4 7c7 ,meetings 7#a7 ,initial meeting ,the ,commission shall hold its first meeting not later than #b years after the date of enactment of this ,act4 7#b7 ,meeting ,the ,commission shall meet not less than once every #c years4 7#c7 ,quorum ,six members of the ,commission shall constitute a quorum4 #djb4 ,duties of ,commission 7a7 ,goals ,the ,commission shall set goals for emissions reduction to be achieved by #bjbe and every five years thereafter through #bjej1 using such estimated rates of reduction as the ,commission determines reflect the latest scientific findings of what is necessary to avoid the serious human health and environmental consequences of climate change4 7b7 ,review ,the ,commission shall assess the effect of existing policies and programs of the ,federal government with the aim of achieving the emissions reduction goals in subsection 7a74 7c7 ,report ,beginning in #bjbf1 and every #e years thereafter1 the ,commission shall issue a report to the ,president1 ,congress1 and the ,states1 which shall include-- 7#a7 an analysis of whether the policies and programs assessed under subsection 7b7 are on pace to achieving the emissions reduction goals set under subsection 7a72 7#b7 recommendations1 if any1 for reducing greenhouse gas emissions2 and 7#c7 a minority report with dissenting views1 if applicable4 #djc4 ,powers of ,commission 7a7 ,obtaining official data 7#a7 ,in general ,the ,commission may secure directly from any executive department1 bureau1 agency1 board1 commission1 office1 independent establishment1 or instrumentality of the ,government1 unrestricted information1 suggestions1 estimates1 and statistics for the purpose of carrying out this title4 ,each department1 bureau1 agency1 board1 commission1 office1 independent establishment1 or instrumentality shall1 to the extent authorized by provisions of law other than this section1 furnish such unrestricted information1 suggestions1 estimates1 and statistics directly to the ,commission1 upon request made by a cochair or any member designated by a majority of the ,commission4 7#b7 ,receipt1 handling1 storage1 and dissemination ,unrestricted information provided to the ,commission under paragraph 7#a7 shall be received1 handled1 stored1 and disseminated only by members and staff of the ,commission1 consistent with any applicable statutes1 regulations1 or ,executive orders4 7b7 ,assistance from ,federal agencies 7#a7 ,general ,services ,administration ,the ,administrator of ,general ,services shall provide to the ,commission1 on a reimbursable basis1 administrative support and other services for the performance of the functions of the ,commission4 7#b7 ,other departments and agencies ,in addition to the assistance prescribed in paragraph 7#a71 departments and agencies of the ,united ,states may provide to the ,commission such services1 funds1 facilities1 staff1 and other support services as they may determine advisable and as may be authorized by law4 7c7 ,postal services ,the ,commission may use the ,united ,states mail in the same manner and under the same conditions as other departments and agencies of the ,united ,states4 #djd4 ,funding for the activities of the ,commission 7a7 ,private sector donations ,the ,secretary of ,commerce may collect private sector donations for the purpose of carrying out this title1 to be deposited in the ,treasury and made available consistent with the authorization of appropriations in subsection 7c74 7b7 ,transparency ,the amounts and sources of all funds donated under subsection 7a7 and all spending by the ,commission shall be made publicly available on the website of the ,commission4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,commission1 for the purpose of carrying out the activities of this title1 #e1jjj1jjj for each of fiscal years #bjba through #bjcj4 #dje4 ,staff of the ,commission 7a7 ,detail of ,government ,employees ,any ,federal ,government employee may be detailed to the ,commission without reimbursement from the ,commission1 and such detail shall be without interruption or loss of civil service status or privilege4 7b7 ,expert and consultant services ,the ,commission may procure the services of experts and consultants in accordance with section #caji of title #e1 ,united ,states ,code1 at rates not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code4