,i #aaith ,,congress #ast ,session ,h4 ,r4 #fiah ,,in ,,the ,,house ,,of ,,representatives ,december #ai1 #bjbe,mr4 ,tonko introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committees on ,ways and ,means1 ,education and ,workforce1 and ,science1 ,space1 and ,technology1 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 ,clean ,air ,act to establish a program to annually phase down greenhouse gas emissions1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,climate ,pollution ,standard and ,community ,investment ,act of #bjbe4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,title ,i--,national ,climate ,response,sec4 #aja4 ,climate pollution reduction certainty4,sec4 #ajb4 ,clean ,energy ,rebate ,program4,sec4 #ajc4 ,worker and ,community ,assistance ,fund4,sec4 #ajd4 ,cleaner ,air ,community ,fund4,sec4 #aje4 ,negative ,emissions ,activities ,fund4,sec4 #ajf4 ,energy ,innovation ,fund4,sec4 #ajg4 ,emission allowance market oversight4,sec4 #ajh4 ,direct hire authority for implementation of this title4,title ,,ii--,worker and ,community ,assistance,sec4 #bja4 ,definitions4,sec4 #bjb4 ,energy and economic transition impact studies4,sec4 #bjc4 ,office of ,energy and ,economic ,transition4,sec4 #bjd4 ,interagency ,energy and ,economic ,transition ,task ,force4,sec4 #bje4 ,stakeholder ,advisory ,committee4,sec4 #bjf4 ,assistance for adversely affected communities4,sec4 #bjg4 ,community-,based ,transition ,hub program4,sec4 #bjh4 ,assistance for adversely affected workers4 ,i ,national ,climate ,response #aja4 ,climate pollution reduction certainty 7a7 ,in general ,the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq47 is amended by adding after title ,,vi the following new title3 ,,vii ,climate ,pollution ,reduction ,program ,a ,general #gja4 ,definitions ,in this title3 7#a7 ,attributable greenhouse gas emissions ,the term attributable greenhouse gas emissions1 for a given calendar year1 means-- 7,a7 for a covered entity that is a fuel producer or importer described in paragraph 7#d77;,b71 greenhouse gas emissions that would be emitted from the combustion of any petroleum-based or coal-based liquid fuel1 petroleum coke1 or natural gas liquid1 produced or imported by that covered entity during that calendar year for sale or distribution in interstate commerce2 7,b7 for a covered entity that is a bulk producer or importer described in paragraph 7#d77;,c71 the tons of carbon dioxide equivalent of any gas described in clauses 7i7 through 7v7 of paragraph 7#d77;,c7-- 7i7 produced or imported by such covered entity during that calendar year for sale or distribution in interstate commerce2 or 7ii7 released as fugitive emissions in the production of fluorinated gas2 and 7,c7 for a natural gas local distribution company described in paragraph 7#d77;,j71 greenhouse gas emissions that would be emitted from the combustion of the natural gas1 and any other gas meeting the specifications for commingling with natural gas for purposes of delivery1 as determined by the ,administrator1 that such entity delivered during that calendar year to customers that are not covered entities4 7#b7 ,carbon dioxide equivalent ,the term carbon dioxide equivalent means the unit of measure1 expressed in tons1 of a greenhouse gas as provided under section #gac4 7#c7 ,compliance period 7,a7 ,the term compliance period1 with respect to compliance periods #b through #aj and subsequent compliance periods1 means the period of #c consecutive calendar years following the preceding compliance period4 7,b7 ,the term compliance period #a means calendar years #bjbg1 #bjbh1 and #bjbi4 7#d7 ,covered entity ,the term covered entity means each of the following3 7,a7 ,any electricity source with a nameplate capacity of at least #be megawatts4 7,b7 ,any stationary source that produces1 and any entity that imports1 for sale or distribution in interstate commerce in #bjbe or any subsequent year1 petroleum-based or coal-based liquid fuel1 petroleum coke1 or natural gas liquid1 which1 in the aggregate1 if combusted would emit #be1jjj or more tons of carbon dioxide equivalent1 as determined by the ,administrator4 7,c7 ,any stationary source that produces1 and any entity that imports1 for sale or distribution in interstate commerce1 in bulk1 or in products designated by the ,administrator1 in #bjbe or any subsequent year1 #be1jjj or more tons of carbon dioxide equivalent of-- 7i7 fossil fuel-based carbon dioxide2 7ii7 nitrous oxide2 7iii7 perfluorocarbons2 7iv7 sulfur hexafluoride2 7v7 any other fluorinated gas1 except for nitrogen trifluoride1 that is a greenhouse gas1 as designated by the ,administrator under section #gab2 or 7vi7 any combination of greenhouse gases described in clauses 7i7 through 7v74 7,d7 ,any stationary source that emits #be1jjj or more tons of carbon dioxide equivalent of nitrogen trifluoride in #bjbe or any subsequent year4 7,e7 ,any geologic sequestration site4 7,f7 ,any stationary source in any of the following industrial sectors3 7i7 ,adipic acid production4 7ii7 ,aluminum production4 7iii7 ,ammonia manufacturing4 7iv7 ,cement production4 7v7 ,hydrochlorofluorocarbon production4 7vi7 ,lime manufacturing4 7vii7 ,nitric acid production4 7viii7 ,petroleum refining4 7ix7 ,phosphoric acid production4 7x7 ,silicon carbide production4 7xi7 ,soda ash production4 7xii7 ,titanium dioxide production4 7xiii7 ,coal-based liquid or gaseous fuel production4 7,g7 ,any stationary source in the chemical or petrochemical sector that1 in #bjbe or any subsequent year-- 7i7 produces acrylonitrile1 carbon black1 ethylene1 ethylene dichloride1 ethylene oxide1 or methanol2 or 7ii7 emits #be1jjj or more tons of carbon dioxide equivalent from the production of any number of chemical or petrochemical products4 7,h7 ,any stationary source that-- 7i7 emits #be1jjj or more tons of carbon dioxide equivalent in #bjbe or any subsequent year2 and 7ii7 is in one of the following industrial sectors3 ethanol production1 ferroalloy production1 fluorinated gas production1 food processing1 glass production1 hydrogen production1 iron and steel production1 lead production1 magnesium production1 pulp and paper manufacturing1 landfill operations1 wastewater treatment operations1 and zinc production4 7,i7 ,any fossil fuel-fired combustion device 7such as a boiler7 or grouping of such devices that-- 7i7 is all or part of an industrial source not specified in subparagraph 7,d71 7,f71 7,g71 or 7,h72 and 7ii7 emits #be1jjj or more tons of carbon dioxide equivalent in #bjbe or any subsequent year4 7,j7 ,any natural gas local distribution company that in #bjbe or any subsequent year delivers to customers that are not covered entities #dfj1jjj1jjj cubic feet or more of the total of-- 7i7 natural gas2 and 7ii7 any other gas meeting the specifications for commingling with natural gas for purposes of delivery1 as determined by the ,administrator4 7#e7 ,criteria air pollutant ,the term criteria air pollutant means an air pollutant subject to national ambient air quality standards under section #aji4 7#f7 ,designated representative ,the term designated representative means1 with respect to an entity described in subparagraph 7,a71 7,b71 or 7,c71 an individual authorized1 through a certificate of representation submitted to the ,administrator by the owners and operators or similar entity official1 to represent the owners and operators or similar entity official in all matters pertaining to this title 7including the holding1 transfer1 or disposition of emission allowances71 and to make all submissions to the ,administrator under this title4 ,entities covered under this paragraph are-- 7,a7 covered entities2 7,b7 reporting entities 7as defined in section #gad72 and 7,c7 any other entities receiving or holding emission allowances under this title4 7#g7 ,electricity source ,the term electricity source means a stationary source that includes one or more combustion devices that1 on ,january #a1 #bjbe1 or any date thereafter1 are fossil fuel-fired and serve a generator that produces electricity for sale4 7#h7 ,emission allowance 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term emission allowance means a limited authorization to emit1 or have attributable greenhouse gas emissions in an amount of1 #a ton of carbon dioxide equivalent of a greenhouse gas in accordance with this title4 7,b7 ,overburdened communities ,with respect to a covered entity that is a stationary source1 including electricity sources and industrial sources1 operating in a location designated as a ,cleaner ,air ,community under section #gcc of part ,c of this title1 the term emission allowance means a limited authorization to emit #j4e tons of carbon dioxide equivalent of a greenhouse gas in accordance with this title4 7#i7 ,fossil fuel ,the term fossil fuel means natural gas1 petroleum1 or coal1 or any form of solid1 liquid1 or gaseous fuel derived therefrom4 7#aj7 ,fossil fuel-fired ,the term fossil fuel-fired means powered by combustion of fossil fuel1 alone or in combination with any other fuel1 regardless of the percentage of fossil fuel consumed4 7#aa7 ,fugitive emissions ,the term fugitive emissions means greenhouse gas emissions from leaks1 valves1 joints1 or other small openings in pipes1 ducts1 or other equipment1 or from vents4 7#ab7 ,geologic sequestration site ,the term geologic sequestration site means a site where a greenhouse gas is geologically sequestered4 7#ac7 ,greenhouse gas ,the term greenhouse gas means any gas described or designated under section #gab7;a74 7#ad7 ,greenhouse gas emission ,the term greenhouse gas emission means the release of a greenhouse gas into the ambient air1 except-- 7,a7 a release of methane for which the ,administrator imposes and collects a charge under section #acf7;c7 of the ,clean ,air ,act2 7,b7 a release of a hydrofluorocarbon that is regulated pursuant to title ,,vi of this ,act or section #ajc of the ,consolidated ,appropriations ,act1 #bjba2 and 7,c7 greenhouse gases that are captured and geologically sequestered1 unless the greenhouse gas is later released into the ambient air4 7#ae7 ,hazardous air pollutant ,the term hazardous air pollutant has the meaning given such term in section #aab7;a74 7#af7 ,hold ,the term hold means1 with respect to an emission allowance1 to have in the appropriate account in the emission allowance tracking system established under section #gah4 7#ag7 ,holder ,the term holder means1 with respect to an emission allowance1 the entity that holds such emission allowance4 7#ah7 ,industrial source ,the term industrial source means any stationary source that-- 7,a7 is not an electricity source2 and 7,b7 is in-- 7i7 the manufacturing sector 7as defined in ,north ,american ,industrial ,classification ,system codes #ca1 #cb1 and #cc72 or 7ii7 the natural gas processing or natural gas pipeline transportation sector 7as defined in ,north ,american ,industrial ,classification ,system codes #baaaab and #dhfbaj74 7#ai7 ,natural gas liquid ,the term natural gas liquid means ethane1 butane1 isobutane1 natural gasoline1 and propane4 7#bj7 ,natural gas local distribution company ,the term natural gas local distribution company has the meaning given the term local distribution company in section #b7ag7 of the ,natural ,gas ,policy ,act of #aigh4 7#ba7 ,negative ,emissions ,activities ,fund ,the term ,negative ,emissions ,activities ,fund means the fund established under section #aje of the ,climate ,pollution ,standard and ,community ,investment ,act of #bjbe4 7#bb7 ,output ,the term output means the total tons or other standard unit 7as determined by the ,administrator7 produced by an entity in an industrial sector4 7#bc7 ,petroleum ,the term petroleum includes crude oil1 tar sands1 oil shale1 and heavy oils4 7#bd7 ,retire ,the term retire1 with respect to an emission allowance1 means to disqualify such emission allowance for any subsequent use4 7#be7 ,sequestered2 sequestration ,the terms sequestered and sequestration mean the separation1 isolation1 or removal of greenhouse gases from the atmosphere1 as determined by the ,administrator4 ,such terms include biological1 geologic1 and mineral methods of separation1 isolation1 and removal1 but do not include ocean fertilization techniques4 7#bf7 ,ton ,the term ton means a metric ton4 7#bg7 ,vintage year ,the term vintage year means the calendar year for which an emission allowance is established under-- 7,a7 section #gae2 or 7,b7 with respect to the establishment of the cost containment reserve1 section #gbj4 #gjb4 ,economy-wide reduction goal ,it is the national goal for the ,united ,states-- 7#a7 to achieve net-zero greenhouse gas emissions by not later than #bjej2 and 7#b7 for each year thereafter-- 7,a7 to maintain net-zero greenhouse gas emissions2 and 7,b7 seek to achieve net-negative greenhouse gas emissions as determined necessary by a scientific assessment conducted by the ,administrator4 #gjc4 ,labor standards ,the ,administrator shall take such action as may be necessary to ensure that all laborers and mechanics employed by contractors or subcontractors on projects assisted pursuant to this title1 including projects funded in whole or in part by the proceeds from the sale of emission allowances or by financial incentives provided using such proceeds1 shall be paid wages at rates not less than those prevailing for the same type of work on similar construction in the locality as determined by the ,secretary of ,labor1 in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 ,the ,secretary of ,labor shall have1 with respect to the labor standards specified in this section1 the authority and functions set forth in ,reorganization ,plan ,no4 #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 #gjd4 ,regulations ,except as otherwise provided in this title1 the ,administrator shall promulgate final regulations to carry out this title not later than #bd months after the date of enactment of this title4 ,b ,pollution ,limitation and ,phasedown from ,covered ,entities #gaa4 ,aggregate enforceable targets for covered entities 7a7 ,in general ,the ,administrator shall1 by rule1 establish targets that are enforceable under this title for the aggregate quantity of greenhouse gas emissions of covered entities for each calendar year beginning in #bjbg such that-- 7#a7 in #bjbg1 the aggregate quantity of greenhouse gas emissions 7including attributable greenhouse gas emissions7 from covered entities is at least #e percent below the average annual aggregate quantity of greenhouse gas emissions in #bjbc1 #bjbd1 and #bjbe from equivalent entities described in subsection 7d77#a72 7#b7 in #bjcj1 the aggregate quantity of greenhouse gas emissions 7including attributable greenhouse gas emissions7 from covered entities does not exceed #ej percent of the aggregate quantity of greenhouse gas emissions in #bjje from equivalent entities described in subsection 7d77#b72 7#c7 in #bjdj1 the aggregate quantity of greenhouse gas emissions 7including attributable greenhouse gas emissions7 from covered entities does not exceed #cj percent of the aggregate quantity of greenhouse gas emissions in #bjje from equivalent entities described in subsection 7d77#b72 and 7#d7 in #bjej1 the aggregate quantity of greenhouse gas emissions 7including attributable greenhouse gas emissions7 from covered entities does not exceed #aj percent of the aggregate quantity of greenhouse gas emissions in #bjje from equivalent entities described in subsection 7d77#b74 7b7 ,annual reductions ,beginning with #bjbh1 the ,administrator shall1 by rule1 require the aggregate quantity of greenhouse gas emissions from covered entities to decline on an annual basis1 by at least #b percent of the aggregate quantity of greenhouse gas emissions in #bjje from equivalent entities described in subsection 7d77#b71 until annual greenhouse gas emissions from covered entities do not exceed #aj percent of the aggregate quantity of greenhouse gas emissions in #bjje from equivalent entities described in subsection 7d77#b74 ,upon achieving such an annual aggregate quantity1 the ,administrator shall ensure that any future annual quantity of greenhouse gas emissions from covered entities does not exceed the annual aggregate quantity of greenhouse gas emissions from covered entities in the preceding year4 7c7 ,addition of covered entities or greenhouse gases1 or change in exchange values ,the quantities calculated pursuant to subsections 7a7 and 7b7 may not be revised to reflect-- 7#a7 an entity becoming or ceasing to be a covered entity after the date of the establishment of targets pursuant to subsection 7a72 7#b7 the designation of a gas as a greenhouse gas pursuant to section #gab after such date2 or 7#c7 the revision of the carbon dioxide equivalent value of any greenhouse gas pursuant to section #gac after such date4 7d7 ,equivalent entities described ,an entity is an equivalent entity described in this subsection if-- 7#a7 for purposes of subsection 7a77#a71 the entity would have been a covered entity in #bjbc1 #bjbd1 or #bjbe1 if-- 7,a7 the definition of a covered entity in section #gja had been in effect for the respective year2 and 7,b7 the references in such definition to #bjbe were references to #bjbc2 and 7#b7 for purposes of paragraphs 7#b7 through 7#d7 of subsection 7a71 an entity that would have been a covered entity in #bjje1 if-- 7,a7 the definition of a covered entity in section #gja had been in effect for the respective year2 and 7,b7 the references in such definition to #bjbe were references to #bjje4 #gab4 ,designation of greenhouse gases 7a7 ,greenhouse gases ,for purposes of this title1 the following are greenhouse gases3 7#a7 ,carbon dioxide4 7#b7 ,methane4 7#c7 ,nitrous oxide4 7#d7 ,sulfur hexafluoride4 7#e7 ,any hydrofluorocarbon4 7#f7 ,any perfluorocarbon4 7#g7 ,nitrogen trifluoride4 7#h7 ,any other anthropogenic gas designated as a greenhouse gas by the ,administrator under subsection 7b74 7b7 ,determination of additional greenhouse gases ,the ,administrator1 by rule-- 7#a7 may determine whether #a ton of an anthropogenic gas makes the same or greater contribution to global warming over #ajj years as #a ton of carbon dioxide2 7#b7 shall publish1 in accordance with section #gac1 the carbon dioxide equivalent value for each gas with respect to which the ,administrator makes an affirmative determination under paragraph 7#a72 7#c7 may for each gas with respect to which the ,administrator makes an affirmative determination under paragraph 7#a7 and that is used as a substitute for a class ,i or class ,,ii substance pursuant to title ,,vi of this ,act1 determine the extent to which to regulate that gas pursuant to title ,,vi of this ,act2 and 7#d7 may designate as a greenhouse gas for purposes of this title each gas for which the ,administrator makes an affirmative determination under paragraph 7#a71 to the extent that it is not regulated pursuant to title ,,vi or section #ajc of the ,consolidated ,appropriations ,act1 #bjba4 #gac4 ,carbon dioxide equivalent value of greenhouse gases 7a7 ,measure of quantity of greenhouse gases ,any provision of this title that refers to a quantity or percentage of a quantity of a greenhouse gas means the quantity or percentage of the greenhouse gas expressed in carbon dioxide equivalent4 7b7 ,initial value ,except as revised by the ,administrator pursuant to subsection 7c71 the carbon dioxide equivalent value for purposes of this title for any greenhouse gas shall be the #ajj-year ,global ,warming ,potential for the greenhouse gas provided in the most recent assessment report from the ,intergovernmental ,panel on ,climate ,change as of the date of enactment of this title4 7c7 ,periodic revision 7#a7 ,revision and publication ,not later than ,january #a1 #bjcj1 and 7except as provided in paragraph 7#c77 not less than once every #e years thereafter1 the ,administrator shall-- 7,a7 revise the carbon dioxide equivalent value for purposes of this title for any greenhouse gas to reflect the #ajj-year ,global ,warming ,potential provided in the most recent assessment report from the ,intergovernmental ,panel on ,climate ,change 7or any successor organization72 and 7,b7 publish in the ,federal ,register any such revision4 7#b7 ,effective date of revision ,a revision published in the ,federal ,register under paragraph 7#a77;,b7 shall take effect for greenhouse gas emissions on ,january #a of the first calendar year that begins at least #i months after the date on which the revision was published4 7#c7 ,decrease in frequency ,the ,administrator may decrease the frequency of revision under paragraph 7#a7 if the ,administrator determines that such decrease is appropriate in order to synchronize such revision with any similar revision process carried out pursuant to the ,united ,nations ,framework ,convention on ,climate ,change or to an agreement negotiated under that convention4 #gad4 ,greenhouse gas registry for monitoring and reporting 7a7 ,reporting entity ,in this section1 the term reporting entity means an entity that is-- 7#a7 a covered entity2 7#b7 an entity that is required to report under part #ih of title #dj1 ,code of ,federal ,regulations 7or any successor regulations72 7#c7 an entity that receives emission allowances under section #gbc2 or 7#d7 any other entity that the ,administrator determines to be a reporting entity for purposes of this title4 7b7 ,regulations 7#a7 ,in general ,not later than #f months after the date of enactment of this title1 the ,administrator shall issue regulations establishing a ,federal greenhouse gas registry4 7#b7 ,reporting ,except as provided in paragraphs 7#c7 and 7#d71 such regulations-- 7,a7 shall require reporting entities to report to the ,administrator consistent with part #ih of title #dj1 ,code of ,federal ,regulations 7or any successor regulations72 7,b7 may include reporting requirements that are additional to the requirements under such part #ih of title #dj1 ,code of ,federal ,regulations 7or any successor regulations71 as determined appropriate by the ,administrator to implement this title2 and 7,c7 shall ensure the completeness1 consistency1 transparency1 accuracy1 precision1 and reliability of data included in the ,federal greenhouse gas registry4 7#c7 ,timing ,for calendar year #bjbg and each subsequent calendar year1 each reporting entity shall submit annually data required under this section to the ,administrator not later than #fj days after the end of the applicable calendar year1 except when the data is already being reported to the ,administrator on an earlier timeframe4 7#d7 ,waiver of reporting requirements ,the ,administrator may waive reporting requirements under this section for specific entities to the extent that the ,administrator determines that sufficient and equally or more reliable1 verified1 and timely data are available to the ,administrator and the public on the internet under other mandatory1 statutory ,federal requirements4 #gae4 ,emission allowances 7a7 ,in general ,the ,administrator shall establish a quantity of emission allowances for each calendar year starting in #bjbg as necessary to achieve the targets under section #gaa7;a7 and the reductions under section #gaa7;b74 7b7 ,identification numbers ,the ,administrator shall assign to each emission allowance established under subsection 7a7 a unique identification number that includes the vintage year for that emission allowance4 7c7 ,emission allowances for each calendar year 7#a7 ,compliance periods #a and #b ,not later than ,january #a1 #bjbg1 the ,administrator shall establish the quantity of emission allowances for each year in compliance period #a and compliance period #b4 7#b7 ,following two compliance periods ,not later than ,july #a1 #bjcb1 and every #f years thereafter1 the ,administrator shall establish the quantity of emission allowances for each calendar year of the following two compliance periods4 ,when establishing the quantity of emission allowances under this paragraph for a calendar year1 the ,administrator shall1 consistent with subsection 7a71 consider-- 7,a7 the economy-wide reduction goal established by section #gjb2 7,b7 the total number of emission allowances in circulation1 as required to be published by subsection #gaf7;e72 and 7,c7 other factors determined appropriate by the ,administrator to support the effective implementation of this title1 including the goal established by section #gjb4 7#c7 ,failure to set emission allowance quantity ,if the ,administrator fails to establish the quantity of emission allowances for a compliance period by the start of the first calendar year of the compliance period1 the quantity of emission allowances established for each calendar year of such compliance period shall be the amount equal to-- 7,a7 the quantity of emission allowances established for the preceding calendar year2 minus 7,b7 the quantity of emission allowances that is equal to #c4e percent of the aggregate quantity of greenhouse gas emissions in #bjje4 #gaf4 ,prohibition of excess greenhouse gas emissions 7a7 ,prohibition ,effective ,january #a1 #bjbg1 a covered entity may not emit greenhouse gas emissions and have attributable greenhouse gas emissions1 in combination1 in excess of the quantity of greenhouse gas emissions represented by the number of emission allowances surrendered by the covered entity pursuant to subsection 7b77#c7 for the compliance period4 7b7 ,demonstrating compliance ,except as otherwise provided in this section1 a covered entity shall surrender to the ,administrator for retirement-- 7#a7 by #ab3ja a4m4 on ,april #a 7or a later date established by the ,administrator under subsection 7h77 of the second year of a compliance period1 not less than the number of emission allowances needed to represent #ej percent of the total quantity of greenhouse gas emissions and attributable greenhouse gas emissions1 in combination1 of the covered entity during the first year of the compliance period2 7#b7 by #ab3ja a4m4 on ,april #a 7or a later date established by the ,administrator under subsection 7h77 of the third year of a compliance period1 not less than the number of emission allowances 7including those surrendered pursuant to paragraph 7#a7 for the compliance period7 needed to represent #ej percent of the total quantity of greenhouse gas emissions and attributable greenhouse gas emissions1 in combination1 of the covered entity during the first #b years of the compliance period2 and 7#c7 by #ab3ja a4m4 on ,april #a 7or a later date established by the ,administrator under subsection 7h77 of the year following a compliance period1 not less than the number of emission allowances 7including those surrendered pursuant to paragraphs 7#a7 and 7#b7 for the compliance period7 needed to represent #ajj percent of the total quantity of greenhouse gas emissions and attributable greenhouse gas emissions1 in combination1 of the covered entity during the full compliance period4 7c7 ,application to fractions of tons ,for purposes of this section1 any amount less than #a ton of carbon dioxide equivalent of greenhouse gas emissions or attributable greenhouse gas emissions shall be treated as #a ton of such carbon dioxide equivalent4 7d7 ,retirement of emission allowances ,as soon as practicable after each deadline established under subsection 7b71 the ,administrator shall retire the quantity of emission allowances surrendered by covered entities pursuant to subsection 7b77#c7 for the compliance period4 7e7 ,total number of allowances in circulation ,as soon as practicable after the deadline described in subsection 7b77#c71 the ,administrator shall publish an estimate of the total quantity of emission allowances held by all persons on the day after such deadline4 7f7 ,designated representatives ,the final regulations promulgated under section #gjc shall require that each covered entity1 and each entity holding emission allowances or receiving emission allowances from the ,administrator under this title1 submit to the ,administrator a certificate of representation designating a designated representative4 7g7 ,education and outreach ,the ,administrator shall establish and carry out a program of education and outreach to assist covered entities in meeting the requirements of this title4 ,such program shall include education with respect to using markets to effectively meet such requirements4 7h7 ,adjustment of deadline ,the ,administrator may1 by rule1 establish a deadline for demonstrating compliance in accordance with subsection 7b7 later than the date otherwise provided in subsection 7b71 as necessary to ensure the availability of greenhouse gas emissions data1 but in no event shall the deadline be later than ,june #a of the respective calendar year4 #gag4 ,penalty for noncompliance 7a7 ,excess greenhouse gas emissions penalty 7#a7 ,in general ,a covered entity that fails for any year to demonstrate compliance as required by section #gaf by the applicable deadline shall be liable for payment to the ,administrator of a civil penalty in the amount described in paragraph 7#b74 7#b7 ,amount ,the amount of a penalty required to be paid under paragraph 7#a7 shall be equal to the product obtained by multiplying-- 7,a7 the number of tons of carbon dioxide equivalent of greenhouse gas emissions and attributable greenhouse gas emissions for which the covered entity failed to demonstrate compliance as required by section #gaf by the applicable deadline2 by 7,b7 #c times the auction clearing price for the earliest vintage year emission allowances in the last auction carried out pursuant to section #gbj before such deadline4 7#c7 ,timing ,a penalty under this subsection shall be immediately due and payable to the ,administrator1 without demand4 7#d7 ,no effect on liability ,a penalty due and payable by a covered entity under this subsection may not diminish the liability of the covered entity for any fine1 penalty1 or assessment against the covered entity for the same violation under any other provision of this ,act or any other law4 7b7 ,excess emissions allowances ,a covered entity that fails to demonstrate compliance for any year1 as described in subsection 7a77#a71 shall be liable to offset the covered entity's excess greenhouse gases emissions and attributable greenhouse gas emissions by an equal quantity of emission allowances during the year after the year in which such failure to demonstrate compliance occurred4 7c7 ,treatment as separate violation ,for purposes of this section1 each ton of carbon dioxide equivalent for which a covered entity fails to demonstrate compliance as required by section #gaf shall be treated as a separate violation4 #gah4 ,tracking system ,the final regulations promulgated under section #gjc shall include a system for issuing1 recording1 holding1 and tracking emission allowances4 ,such system shall provide for appropriate publication of the information in the system on the internet4 #gai4 ,program flexibility 7a7 ,permitted transactions ,except as otherwise provided in this title1 the lawful holder of an emission allowance may-- 7#a7 without restriction1 sell1 exchange1 or transfer the emission allowance2 7#b7 subject to subsection 7c71 hold the emission allowance2 and 7#c7 request that the ,administrator retire the emission allowance4 7b7 ,banking ,an emission allowance may be used to comply with section #gaf for emissions in-- 7#a7 the vintage year for the emission allowance2 or 7#b7 any calendar year subsequent to the vintage year for the emission allowance4 7c7 ,holding limit ,beginning after compliance period #a1 a covered entity may retain emission allowances issued for vintage years in previous compliance periods representing no more than #ajj percent of the total quantity of greenhouse gas emissions and attributable greenhouse gas emissions1 in combination1 of the covered entity during the preceding compliance period4 7d7 ,no restriction on transactions ,the privilege of purchasing1 holding1 selling1 exchanging1 transferring1 and requesting retirement of emission allowances may not be restricted to covered entities1 except as otherwise provided in this title4 #gbj4 ,auction procedures 7a7 ,in general ,for each calendar year for which the ,administrator establishes emission allowances under section #gae1 the ,administrator shall auction emission allowances in accordance with the following3 7#a7 ,frequency2 first auction ,auctions shall be conducted quarterly1 with the first auction to be conducted not later than ,march #ca1 #bjbg4 7#b7 ,auction schedule2 current and future vintages ,the ,administrator-- 7,a7 at each quarterly auction under this section1 shall offer both a portion of the emission allowances for the same vintage year as the year in which the auction is being conducted and a portion of the emission allowances for future vintage years2 7,b7 may offer at any auction under this section emission allowances for vintage years of up to #f years after the year in which the auction is being conducted2 and 7,c7 during a vintage year1 shall make available for auction not less than #ej percent of the emission allowances established under section #gae for the vintage year1 including any such emissions allowances-- 7i7 auctioned on consignment pursuant to section #gba2 or 7ii7 made available for auction from the emissions containment reserve4 7#c7 ,auction format ,auctions shall follow a single-round1 sealed-bid1 uniform price format4 7#d7 ,participation2 financial assurance ,auctions shall be open to any person1 except that the ,administrator may establish financial assurance requirements to ensure that auction participants will perform on their bids4 7#e7 ,disclosure of beneficial ownership ,each bidder in an auction shall be required to disclose the person or entity sponsoring or benefiting from the bidder's participation in the auction if such person or entity is1 in whole or in part1 other than the bidder4 7#f7 ,purchase limits ,no person may1 directly or in concert with one or more other participants1 purchase more than #e percent of the emission allowances offered at any quarterly auction4 7#g7 ,publication of information ,after an auction1 the ,administrator shall1 in a timely fashion1 publish the identities of winning bidders1 the quantity of emission allowances obtained by each winning bidder1 and the auction clearing price determined by the ,administrator4 7b7 ,regulations 7#a7 ,initial regulations ,not later than #ab months after the date of enactment of this title1 the ,administrator1 in consultation with other ,federal agencies1 as appropriate1 shall promulgate regulations governing the auction of emission allowances under this section and section #gba4 7#b7 ,revised regulations ,not earlier than ,january #a1 #bjcj1 the ,administrator may1 in consultation with other ,federal agencies1 as appropriate1 at any time1 revise the initial regulations promulgated under paragraph 7#a74 7#c7 ,other requirements ,the ,administrator may include in the regulations under this subsection such other requirements or provisions as the ,administrator1 in consultation with other ,federal agencies1 as appropriate1 considers appropriate to promote effective1 efficient1 transparent1 and fair administration of auctions4 7c7 ,minimum price ,the minimum price for any emission allowance auctioned under this section shall be #ae for any auction occurring in calendar year #bjbg4 ,the minimum price for an emission allowance auctioned under this section for any auction occurring after calendar year #bjbg shall be-- 7#a7 the minimum price applicable under this subsection for the previous calendar year2 plus 7#b7 the dollar amount that is equal to-- 7,a7 such minimum price2 multiplied by 7,b7 the percent that is the sum of-- 7i7 #e percent2 plus 7ii7 the percentage change in the ,consumer ,price ,index 7for all urban consumers7 for the previous calendar year4 7d7 ,cost containment reserve 7#a7 ,in general ,the ,administrator shall-- 7,a7 establish a cost containment reserve2 7,b7 deposit into such reserve emission allowances established pursuant to paragraph 7#b7 and emission allowances described in subsection 7e77#d72 and 7,c7 make available for auction allowances in such reserve in accordance with paragraph 7#d74 7#b7 ,deposits into reserve 7,a7 ,filling the reserve initially ,the ,administrator shall establish1 and deposit into the cost containment reserve1 a quantity of emission allowances equal to the average annual aggregate quantity of greenhouse gas emissions in calendar years #bjbc1 #bjbd1 and #bjbe from equivalent entities described in section #gaa7;d7 for the respective calendar years4 7,b7 ,refilling the reserve ,following any auction under this section1 if any emission allowances that were offered at the auction were not purchased1 the ,administrator shall-- 7i7 deposit a quantity1 as determined appropriate by the ,administrator1 of such emission allowances in the cost containment reserve2 and 7ii7 retire the remaining quantity of such emission allowances4 7,c7 ,special rule ,if any emission allowances established pursuant to subparagraph 7,a7 remain in the cost containment reserve1 the ,administrator shall retire one such emission allowance for each emission allowance deposited into the reserve under subparagraph 7,b74 7#c7 ,price triggers 7,a7 ,annual determination ,each calendar year1 the ,administrator shall set at least two price triggers at which1 if the auction clearing price for an auction under this section would meet or exceed the price trigger1 the ,administrator may offer at such auction emission allowances from the cost containment reserve4 7,b7 ,lowest price trigger ,the ,administrator may not set a price trigger under subparagraph 7,a7 for a calendar year that is less than #d multiplied by the minimum price of an emission allowance for that calendar year under subsection 7c74 7#d7 ,release of emission allowances ,if the auction clearing price for an auction conducted under this section meets or exceeds a price trigger set under paragraph 7#c71 the ,administrator may1 with respect to such a price trigger1 offer at such auction up to #e percent of the emission allowances in the cost containment reserve at the beginning of the calendar year4 ,for any auction under this section1 the ,administrator may not offer more than #aj percent of the emission allowances in the cost containment reserve4 7e7 ,emissions containment reserve 7#a7 ,in general ,the ,administrator shall-- 7,a7 establish an emissions containment reserve2 7,b7 each calendar year1 deposit into such reserve #aj percent of the emission allowances established under section #gae for such calendar year2 and 7,c7 make available for auction emission allowances in such reserve pursuant to paragraph 7#c74 7#b7 ,price triggers 7,a7 ,annual determination ,each calendar year1 the ,administrator shall set at least two price triggers at which1 if the auction clearing price for an auction under this section would meet or exceed the price trigger1 the ,administrator will make available for auction emission allowances from the emissions containment reserve4 7,b7 ,lowest price trigger ,the ,administrator may not set a price trigger under subparagraph 7,a7 for a calendar year that is less than #abe percent of the minimum price of an emission allowance for that calendar year under subsection 7c74 7#c7 ,release of emission allowances ,at any auction under this section1 the ,administrator-- 7,a7 may not offer more than #be percent of the emission allowances deposited into the emissions containment reserve for the respective calendar year at any of the auctions under this section in such calendar year2 and 7,b7 for each price trigger met or exceeded by the auction clearing price1 the ,administrator may offer up to #ab4e percent of the emission allowances deposited into the emissions containment reserve for the respective calendar year4 7#d7 ,allowances not purchased ,at the end of each calendar year1 any emission allowance in the emissions containment reserve offered but not purchased at auction may be deposited into the cost containment reserve pursuant to subsection 7d77#b77;,b74 7f7 ,public auction information ,prior to the first auction under this section each calendar year1 the ,administrator shall publish the following3 7#a7 ,the minimum price for an emission allowance for such calendar year under subsection 7c74 7#b7 ,the number of emission allowances of each vintage year to be offered at each auction in such calendar year4 7#c7 ,the number and dollar amounts of the price triggers for such calendar year for the cost containment reserve established under subsection 7d74 7#d7 ,the number and dollar amounts of the price triggers for such calendar year for the emissions containment reserve established under subsection 7e74 7#e7 ,any additional information determined to be appropriate by the ,administrator4 7g7 ,delegation or contract ,the ,administrator may by delegation or contract provide for the conduct of auctions under this section under the ,administrator's supervision-- 7#a7 by other departments or agencies of the ,federal ,government2 or 7#b7 by nongovernmental agencies1 groups1 or organizations4 #gba4 ,consignment auctions 7a7 ,voluntary consignment ,any entity holding emission allowances may request that the ,administrator make available for auction under section #gbj the emission allowances on consignment4 7b7 ,mandatory consignment 7#a7 ,conditional allocations ,before any emission allowance allocated under subsection 7a7 or 7b7 of section #gbb 7including any emission allowance transferred to a covered entity pursuant to section #gbb7;a77#c77;,b7 or section #gbb7;a77#f77;,b77ii77 may be sold1 further transferred1 retired1 or used to demonstrate compliance under section #gaf1 such emission allowance shall be made available for auction on consignment pursuant to this section and section #gbj4 7#b7 ,transparency ,the ,administrator shall publish-- 7,a7 the names of entities holding emission allowances that are made available for auction on consignment pursuant to paragraph 7#a72 7,b7 the quantities of emission allowances that are so made available for auction2 and 7,c7 any additional information relating to emission allowances that are so made available for auction1 as determined by the ,administrator4 7c7 ,proceeds ,notwithstanding section #ccjb of title #ca1 ,united ,states ,code-- 7#a7 the ,federal ,government shall1 not later than #ij days after receipt of the proceeds from any auction on consignment pursuant to subsection 7b77#a71 transfer such proceeds to the entity that requested the ,administrator offer the respective emission allowances at an auction under section #gbj2 and 7#b7 no such proceeds shall be held by any officer or employee of the ,united ,states or treated for any purpose as public monies4 7d7 ,unsold emission allowances ,the ,administrator shall return to the entity offering an emission allowance at auction on consignment pursuant to this section any such allowance that is not sold at the auction4 #gbb4 ,allocation of emission allowances 7a7 ,for the benefit of consumers 7#a7 ,in general ,beginning with vintage year #bjbg1 the ,administrator shall allocate emission allowances established each calendar year under section #gae7;a7 to ,states and ,indian ,tribes in the following amounts3 7,a7 ,for compliance period #a1 #cj percent of the emission allowances established for each year of such compliance period under section #gae7;a74 7,b7 ,for compliance period #b1 #bg percent of the emission allowances established for each year of such compliance period under section #gae7;a74 7,c7 ,for compliance period #c1 #bd percent of the emission allowances established for each year of such compliance period under section #gae7;a74 7,d7 ,for compliance period #d1 #ba percent of the emission allowances established for each year of such compliance period under section #gae7;a74 7,e7 ,for compliance period #e1 #ah percent of the emission allowances established for each year of such compliance period under section #gae7;a74 7,f7 ,for compliance period #f1 #ae percent of the emission allowances established for each year of such compliance period under section #gae7;a74 7,g7 ,for compliance period #g1 #ab percent of the emission allowances established for each year of such compliance period under section #gae7;a74 7,h7 ,for compliance period #h1 #i percent of the emission allowances established for each year of such compliance period under section #gae7;a74 7,i7 ,for compliance period #i1 #f percent of the emission allowances established for each year of such compliance period under section #gae7;a74 7,j7 ,for compliance period #aj1 #c percent of the emission allowances established for each year of such compliance period under section #gae7;a74 7,k7 ,for each subsequent compliance period1 #j percent of the emission allowances established for each year of such compliance periods under section #gae7;a74 7#b7 ,distribution ,not later than ,december #ca of each year1 the ,administrator shall distribute among ,states and ,indian ,tribes the quantity of emission allowances allocated under paragraph 7#a7 for the following vintage year1 ratably based on the ratio of-- 7,a7 the aggregate quantity of greenhouse gases emitted within a jurisdiction in the second preceding vintage year associated with the combustion of fuels for-- 7i7 electricity generation2 and 7ii7 residential and commercial end uses of fuels1 excluding end uses related to transportation2 to 7,b7 the aggregate quantity of greenhouse gases emitted within the ,united ,states in the second preceding vintage year associated with the combustion of fuels for-- 7i7 electricity generation2 and 7ii7 residential and commercial end uses of fuels1 excluding end uses related to transportation4 7#c7 ,use of emission allowances ,states and ,indian ,tribes shall-- 7,a7 sell1 on consignment in accordance with section #gba1 the emission allowances allocated under this subsection and use the proceeds of such sales exclusively for the benefit of consumers of electricity and residential and commercial end users of fuels by carrying out a-- 7i7 cost-effective energy efficiency program to reduce the use of electricity and fuel2 7ii7 rebate or other financial incentive program to encourage adoption and use of low-emission fuel alternatives1 which may include a program that provides for electrification2 or 7iii7 rebate or other direct financial assistance program1 which may include a low-income ratepayer assistance program2 or 7,b7 transfer1 on a nonreimburseable basis1 such emission allowances to one or more covered entities responsible for greenhouse gas emissions or attributable greenhouse gas emissions within the jurisdiction of the ,state or ,indian ,tribe to be used by such entities exclusively for the benefit of consumers of electricity and residential and commercial end users of fuels4 7#d7 ,administrative expenses ,states and ,indian ,tribes may use up to #e percent of the proceeds from the sale of emission allowances allocated under this subsection for administrative purposes in carrying out programs under paragraph 7#c74 7#e7 ,reporting ,each ,state and ,indian ,tribe receiving emission allowances under this subsection shall submit to the ,administrator1 not later than #ab months after each receipt of such emission allowances1 a report1 in accordance with such requirements as the ,administrator may prescribe1 that-- 7,a7 describes the use of emission allowances sold or transferred under paragraph 7#c71 including a description of the energy efficiency1 fuel switching1 and consumer assistance programs supported pursuant to paragraph 7#c72 7,b7 includes an evaluation1 prepared by an independent third party1 of the performance of the energy efficiency1 fuel switching1 and consumer assistance programs supported pursuant to paragraph 7#c72 and 7,c7 describes any transfer of emission allowances to covered entities under paragraph 7#c77;,b74 7#f7 ,enforcement ,if the ,administrator determines a ,state or ,indian ,tribe is not in compliance with this subsection1 the ,administrator may-- 7,a7 7i7 withhold a portion of emission allowances under this subsection that would otherwise be distributed to the ,state or ,indian ,tribe for the next vintage year2 and 7ii7 distribute such withheld emission allowances among the remaining ,states and ,indian ,tribes ratably in accordance with the formula under paragraph 7#b72 or 7,b7 7i7 withhold a portion of emission allowances under this subsection that would otherwise be distributed to the ,state or ,indian ,tribe for the next vintage year2 and 7ii7 directly transfer1 on a nonreimburseable basis1 such withheld emission allowances to one or more covered entities responsible for greenhouse gas emissions or attributable greenhouse gas emissions within the jurisdiction of such ,state or ,indian ,tribe to be used by such entities exclusively for the benefit of consumers as described in paragraph 7#c77;,a74 7b7 ,energy-,intensive1 ,trade-,exposed ,industries 7#a7 ,in general ,beginning with vintage year #bjbg1 the ,administrator shall allocate emission allowances to eligible industry sectors designated and listed under section #gbc7;a77#a71 to be distributed in accordance with section #gbc1 in the following amounts3 7,a7 ,for compliance periods #a and #b1 #ae percent of the emission allowances established for each year of such compliance periods under section #gae7;a74 7,b7 ,for compliance periods #c and #d1 #ab percent of the emission allowances established for each year of such compliance periods under section #gae7;a74 7,c7 ,for compliance periods #e and #f1 #i percent of the emission allowances established for each year of such compliance periods under section #gae7;a74 7,d7 ,for compliance periods #g and #h1 #f percent of the emission allowances established for each year of such compliance periods under section #gae7;a74 7,e7 ,for compliance periods #i and #aj1 #c percent of the emission allowances established for each year of such compliance periods under section #gae7;a74 7,f7 ,for each subsequent compliance period1 #j percent of the emission allowances established for each year of such compliance periods under section #gae7;a74 7#b7 ,carryover ,after the ,administrator distributes emission allowances pursuant to section #gbc for any vintage year1 any emission allowances allocated to eligible industry sectors designated and listed under section #gbc7;a77#a7 pursuant to this subsection that have not been so distributed shall-- 7,a7 remain available for distribution pursuant to section #gbc for the following vintage year2 and 7,b7 be treated as part of the allocation to such entities for that following vintage year4 7c7 ,low-,income ,consumers ,beginning with vintage year #bjbg1 the ,administrator shall make available for auction1 pursuant to section #gbj1 #ae percent of the emission allowances established for each year under section #gae7;a74 ,the proceeds from such auction shall be made available to the ,secretary of the ,treasury to provide rebates under section #ajb of the ,climate ,pollution ,standard and ,community ,investment ,act of #bjbe4 7d7 ,state1 territorial1 and ,tribal governments ,beginning with vintage year #bjbg1 the ,administrator shall make available for auction1 pursuant to section #gbj1 #aj percent of the emission allowances established for each year under section #gae7;a71 with the proceeds distributed to ,states and ,indian ,tribes pursuant to section #gbd4 7e7 ,local governments ,beginning with vintage year #bjbg1 the ,administrator shall make available for auction1 pursuant to section #gbj1 #e percent of the emission allowances established for each year under section #gae7;a74 ,the proceeds from such auction shall be made available to the ,secretary of ,energy to carry out subtitle ,e of title ,v of the ,energy ,independence and ,security ,act of #bjjg4 7f7 ,jurisdictions ,hosting ,high-,level ,nuclear ,waste 7#a7 ,in general ,beginning with vintage year #bjbg1 the ,administrator shall make available for auction1 pursuant to section #gbj1 #j4e percent of the emission allowances established for each year under section #gae7;a71 with the proceeds provided to each ,state and ,indian ,tribe for which a repository where high-level radioactive waste and spent nuclear fuel are permanently disposed of is located within the jurisdiction of the ,state or ,indian ,tribe4 7#b7 ,no eligible ,state or ,indian ,tribe ,if no ,state or ,indian ,tribe is eligible to be provided proceeds under this subsection with respect to a vintage year1 such proceeds shall be provided to ,states and ,indian ,tribes pursuant to section #gbd4 7#c7 ,multiple ,states or ,indian ,tribes ,if more than one ,state or ,indian ,tribe is eligible for proceeds under this subsection with respect to a vintage year1 such proceeds shall be distributed ratably among such ,states and ,indian ,tribes based on the ratio of-- 7,a7 the mass of high-level radioactive waste and spent nuclear fuel permanently disposed of within the jurisdictions of the respective ,states or ,indian ,tribes2 relative to 7,b7 the mass of high-level radioactive waste and spent nuclear fuel permanently disposed of in the ,united ,states4 7g7 ,worker and community assistance 7#a7 ,in general ,beginning with vintage year #bjbg1 the ,administrator shall make available for auction1 pursuant to section #gbj1 #e percent of the emission allowances established for each year under section #gae7;a71 with the proceeds deposited into the ,worker and ,community ,assistance ,fund established under section #ajc of the ,climate ,pollution ,standard and ,community ,investment ,act of #bjbe4 7#b7 ,determination of additional revenues needed ,for any year1 the ,administrator1 in consultation with the ,secretary of the ,treasury1 the ,secretary of ,labor1 and the ,director of the ,office of ,energy and ,economic ,transition as established by section #bjc of the ,climate ,pollution ,standard and ,community ,investment ,act of #bjbe-- 7,a7 may determine that additional revenue is necessary to carry out sections #bjf1 #bjg1 and #bjh of the ,climate ,pollution ,standard and ,community ,investment ,act of #bjbe2 and 7,b7 if emission allowances are available and upon a determination under subparagraph 7,a71 may offer at an auction pursuant to section #gbj1 in addition to the emission allowances made available for auction pursuant to paragraph 7#a71 up to #e percent of emissions allowances established for such year under section #gae7;a71 with the proceeds deposited into the ,worker and ,community ,assistance ,fund established under section #ajc of the ,climate ,pollution ,standard and ,community ,investment ,act of #bjbe4 7h7 ,frontline communities ,beginning with vintage year #bjbg1 the ,administrator shall make available for auction1 pursuant to section #gbj1 #aj percent of the emission allowances established for each year under section #gae7;a71 with the proceeds deposited into the ,cleaner ,air ,community ,fund established under section #ajd of the ,climate ,pollution ,standard and ,community ,investment ,act of #bjbe4 7i7 ,negative emissions activities ,the ,administrator shall make available for auction1 pursuant to section #gbj1 emission allowances established for each year under section #gae7;a71 with the proceeds deposited into the ,negative ,emissions ,activities ,fund established under section #aje of the ,climate ,pollution ,standard and ,community ,investment ,act of #bjbe1 in the following amounts3 7#a7 ,for compliance periods #a and #b1 #b4e percent of the emission allowances established for each year of such compliance periods under section #gae7;a74 7#b7 ,for compliance periods #c and #d1 #e percent of the emission allowances established for each year of such compliance periods under section #gae7;a74 7#c7 ,for compliance periods #e and #f1 #g4e percent of the emission allowances established for each year of such compliance periods under section #gae7;a74 7#d7 ,for compliance periods #g and #h1 #aj percent of the emission allowances established for each year of such compliance periods under section #gae7;a74 7#e7 ,for compliance periods #i and #aj1 #ae percent of the emission allowances established for each year of such compliance periods under section #gae7;a74 7#f7 ,for each subsequent compliance period1 #bj percent of the emission allowances established for each year of such compliance period under section #gae7;a74 7j7 ,energy ,innovation ,fund ,beginning with vintage year #bjbg1 the ,administrator shall make available for auction1 pursuant to section #gbj1 #b4e percent of the emission allowances established for each year under section #gae7;a71 with the proceeds deposited into the ,energy ,innovation ,fund established under section #ajf of the ,climate ,pollution ,standard and ,community ,investment ,act of #bjbe4 #gbc4 ,output-based distributions for energy-intensive1 trade-exposed industries 7a7 ,designation of eligible industrial sectors 7#a7 ,in general ,the ,administrator shall-- 7,a7 designate 7using the six-digit classification system of the ,north ,american ,industrial ,classification ,system of #bjjb or a superseding classification system7 eligible industrial sectors based on the criteria described in paragraph 7#c72 and 7,b7 maintain a list of such eligible industrial sectors4 7#b7 ,eligible industrial sector list 7,a7 ,initial list ,not later than ,june #cj1 #bjbf1 the ,administrator shall publish in the ,federal ,register a list of eligible industrial sectors designated under this subsection4 7,b7 ,subsequent lists ,not later than ,june #cj1 #bjcb1 and not less than every #f years thereafter1 the ,administrator shall publish in the ,federal ,register an updated version of the list published under subparagraph 7,a74 7#c7 ,eligibility criteria 7,a7 ,in general ,to be designated as an eligible industrial sector under this subsection1 an industrial sector shall meet the criteria in-- 7i7 both subparagraphs 7,b7 and 7,c72 or 7ii7 subparagraph 7,d74 7,b7 ,energy or greenhouse gas intensity ,an industrial sector meets the criteria in this subparagraph if the sector has-- 7i7 an energy intensity of at least #e percent1 calculated by dividing-- 7,i7 the cost of purchased electricity and fuel of such sector2 by 7,,ii7 the value of the shipments of such sector2 or 7ii7 a greenhouse gas intensity of at least #e percent1 calculated by dividing-- 7,i7 the number of tons of 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 such sector1 multiplied by #bj2 by 7,,ii7 the value of the shipments of such sector4 7,c7 ,trade intensity ,an industrial sector meets the criteria in this subparagraph if the sector has a trade intensity of at least #ae percent1 calculated by dividing-- 7i7 the value of the imports and exports of such sector2 by 7ii7 the sum of the value of the shipments and the value of imports of such sector4 7,d7 ,very high energy or greenhouse gas intensity ,an industrial sector meets the criteria in this subparagraph if the sector has-- 7i7 an energy intensity of at least #bj percent1 as calculated under subparagraph 7,b77i72 or 7ii7 a greenhouse gas intensity of at least #bj percent1 as calculated under subparagraph 7,b77ii74 7#d7 ,use of data ,when determining the eligibility of an industrial sector1 or a subgroup of entities within an industrial sector1 under this subsection-- 7,a7 the ,administrator shall use the average annual data for the most recent #d years for which such data are available2 7,b7 if data are unavailable for any industrial sector at the six-digit classification level referred to in paragraph 7#a77;,a71 the ,administrator may extrapolate the information necessary to determine the eligibility of a sector from available data pertaining to a broader industrial category classified in-- 7i7 the ,north ,american ,industrial ,classification ,system of #bjjb2 or 7ii7 a superseding classification system2 7,c7 the ,administrator may request any additional information1 as determined necessary by the ,administrator1 from any owner or operator of an entity in a potentially eligible industrial sector2 and 7,d7 the ,administrator shall seek information from the owner or operator of an entity in a potentially eligible industrial sector that produces more than one product at a facility in order to attribute energy usage and greenhouse gas emissions associated with the production of each product type4 7#e7 ,listing of subgroups as an eligible industrial sector 7,a7 ,designation of subgroups ,the ,administrator may1 pursuant to paragraph 7#a71 designate and list a subgroup of entities within an industrial sector as a separate eligible industrial sector if the subgroup of entities meets the eligibility criteria in paragraph 7#c77;,a7 for designation as an eligible industrial sector4 7,b7 ,determination ,in determining under paragraph 7#c77;,a7 whether a subgroup of entities meets the criteria under subparagraphs 7,b7 and 7,c7 or 7,d7 of such paragraph1 the ,administrator shall consider-- 7i7 the energy intensity1 greenhouse gas intensity1 and trade intensity of the industrial sector represented by such subgroup of entities2 and 7ii7 the products manufactured by the subgroup and not the industrial process by which such products are manufactured1 except that the ,administrator may determine a subgroup of entities that manufacture a product primarily from virgin material to be listed as a separate eligible industrial sector from another subgroup of entities that manufacture the same product primarily from recycled material4 7#f7 ,individual petition for eligibility 7,a7 ,petition ,the owner or operator of an entity in an industrial sector may petition the ,administrator to designate1 pursuant to paragraph 7#e71 one or more entities in such industrial sector as an eligible industrial sector4 7,b7 ,final action ,not later than #f months after the receipt of a petition under subparagraph 7,a71 the ,administrator shall take final action on such petition4 7#g7 ,special cases 7,a7 ,iron and steel sector ,for purposes of this section1 the ,administrator shall consider as being in different industrial sectors-- 7i7 entities using integrated iron and steelmaking technologies 7including coke ovens1 blast furnaces1 and other ironmaking technologies72 and 7ii7 entities using electric arc furnace technologies4 7,b7 ,metal1 soda ash1 or phosphate production classified under more than one ,,naics code ,for purposes of this section1 the ,administrator-- 7i7 may not aggregate data for the beneficiation or other processing 7including agglomeration7 of metal ores1 soda ash1 or phosphate with subsequent steps in the process of metal1 soda ash1 or phosphate manufacturing2 7ii7 shall consider the beneficiation or other processing 7including agglomeration7 of metal ores1 soda ash1 or phosphate to be in separate industrial sectors from the metal1 soda ash1 or phosphate manufacturing sectors2 and 7iii7 shall treat industrial sectors that beneficiate or otherwise process 7including agglomeration7 metal ores1 soda ash1 or phosphate as ineligible to receive emission allowances under this section related to the activity of extracting metal ores1 soda ash1 or phosphate4 7,c7 ,petroleum refining ,industrial sectors that refine petroleum products may not be designated and listed as an eligible industrial sector under this section4 7b7 ,output-,based ,allocation ,benchmarks 7#a7 ,in general ,the ,administrator shall determine the average greenhouse gas emissions per unit of output for each eligible industrial sector designated and listed under subsection 7a77#a7 7referred to in this subsection as the output-based allocation benchmark for such sector74 7#b7 ,calculating benchmark 7,a7 ,in general ,the ,administrator shall calculate the output-based allocation benchmark for each eligible industrial sector based on the greenhouse gas emissions1 including direct emissions1 process emissions1 and indirect emissions1 expressed in tons of carbon dioxide equivalent1 per unit of output1 for such eligible industrial sector using an average of the #c most recent years of the best available data for such eligible industrial sector4 7,b7 ,calculating indirect emissions ,each person selling electricity to the owner or operator of an entity in an eligible industrial sector shall-- 7i7 provide the owner or operator of the entity and the ,administrator relevant greenhouse gas emissions data for such entity2 and 7ii7 where it is not possible to determine the precise indirect greenhouse gas emissions for such entity1 use the monthly average data reported by the ,energy ,information ,administration or collected and reported for the electric utility serving the entity to determine greenhouse gas emissions4 7,c7 ,multiple eligible industrial sectors at one facility ,the ,administrator shall seek information from the owner or operator of an entity in an eligible industrial sector that produces more than one product at a facility in order to attribute energy usage and greenhouse gas emissions associated with the production of each product type at such facility4 7#c7 ,data sources ,for the purposes of this subsection1 the ,administrator-- 7,a7 shall use data-- 7i7 reported to the ,environmental ,protection ,agency2 7ii7 reported to other ,federal agencies2 and 7iii7 from each owner or operator of an entity in an eligible industrial sector2 and 7,b7 may require an owner or operator of an entity in an eligible industrial sector to provide such information as the ,administrator finds necessary to determine the output-based allocation benchmark for such eligible industrial sector4 7c7 ,distribution of emission allowances 7#a7 ,in general ,for each vintage year1 the ,administrator shall-- 7,a7 distribute pursuant to this section emission allowances allocated under section #gbb7;b71 not later than ,october #ca of the preceding calendar year2 and 7,b7 make such annual distributions to the owner or operator of each entity responsible for output in an eligible industrial sector listed under subsection 7a7 in the amount of emission allowances calculated under this subsection4 7#b7 ,assistance factor ,for the purpose of distributing emission allowances under this subsection1 the ,administrator shall use the following 7referred to in this subsection as an assistance factor73 7,a7 ,for compliance period #a1 #a4j4 7,b7 ,for compliance period #b1 #j4i4 7,c7 ,for compliance period #c1 #j4h4 7,d7 ,for compliance period #d1 #j4g4 7,e7 ,for compliance period #e1 #j4f4 7,f7 ,for compliance period #f1 #j4e4 7,g7 ,for compliance period #g1 #j4d4 7,h7 ,for compliance period #h1 #j4c4 7,i7 ,for compliance period #i1 #j4b4 7,j7 ,for compliance period #aj1 #j4a4 7,k7 ,for each subsequent compliance period1 #j4 7#c7 ,amount of emission allowances ,the amount of emission allowances to be distributed to the owner or operator of an entity in an eligible industrial sector shall be calculated by-- 7,a7 the output-based allocation benchmark calculated pursuant to subsection 7b7 of the industrial sector of such entity2 multiplied by 7,b7 the average annual output of such entity for the #b years preceding the year of the distribution2 multiplied by 7,c7 the appropriate assistance factor under paragraph 7#b74 7#d7 ,new entities ,not later than #bd months after the date of enactment of this title1 the ,administrator shall issue regulations governing the distribution of emission allowances for the first #d years of operation of a new entity in an eligible industrial sector4 ,these regulations shall provide for-- 7,a7 the distribution of emission allowances to such entities based on comparable entities in the same eligible industrial sector2 and 7,b7 an adjustment in the third and fourth years of operation to reconcile the total amount of emission allowances received during the first #d years of operation of the new entity to the amount the entity would have received during such years of operation had the appropriate data been available for the first and second years of operation4 7d7 ,total maximum distribution ,the ,administrator may not distribute more emission allowances for any vintage year pursuant to this section than are allocated for use pursuant to section #gbb7;b7 for that vintage year4 ,for any vintage year for which the total emission allowances calculated for distribution pursuant to this section would exceed the number of emission allowances allocated pursuant to section #gbb7;b71 the ,administrator shall reduce each entity's distribution on a pro rata basis so that the total distribution of emission allowances under this section equals the number of emission allowances allocated under section #gbb7;b74 7e7 ,cessation of qualifying activities ,if1 as determined by the ,administrator1 an entity is no longer in an eligible industrial sector-- 7#a7 the ,administrator may not distribute emission allowances to the owner or operator of such entity under this section2 and 7#b7 the owner or operator of such entity shall return to the ,administrator-- 7,a7 all emissions allowances that have been distributed under this section to the owner or operator for future vintage years2 and 7,b7 a prorated amount of emission allowances distributed under this section for the vintage year in which the entity ceases to be in an eligible industrial sector4 #gbd4 ,assistance to ,state1 territorial1 and tribal governments 7a7 ,in general ,the ,administrator shall annually distribute to ,states and ,indian ,tribes the proceeds of emission allowances auctioned pursuant to section #gbb7;d74 ,such proceeds shall be used by ,states and ,indian ,tribes to provide financial assistance and incentives in accordance with subsection 7e7 that support the reduction of air pollution1 including criteria air pollutants1 hazardous air pollutants1 and emissions of greenhouse gases1 or promote adaptation to climate change4 7b7 ,regulations ,not later than #bd months after the date of enactment of this section1 the ,administrator shall promulgate regulations to carry out this section1 including regulations-- 7#a7 to ensure that each ,state and ,indian ,tribe provides financial assistance and incentives efficiently and in accordance with this section and applicable ,federal laws2 7#b7 to prevent waste1 fraud1 and abuse2 7#c7 to identify the forms of financial assistance and incentives that ,states and ,indian ,tribes may provide2 and 7#d7 to prescribe the form and content of reports that ,states and ,indian ,tribes are required to submit under this section4 7c7 ,intended use plans 7#a7 ,in general ,after providing for public review and comment1 each ,state and ,indian ,tribe receiving proceeds under this section shall annually prepare a plan that identifies the intended uses of such proceeds4 7#b7 ,contents ,an intended use plan prepared under paragraph 7#a7 shall include-- 7,a7 a list of the projects or programs intended to be funded in the next fiscal year that begins after the date of the plan1 including a description of each project or program2 and 7,b7 additional information as determined appropriate by the ,administrator4 7d7 ,distribution among ,states and ,indian ,tribes 7#a7 ,in general ,not later than ,september #cj of each calendar year1 the ,administrator shall1 in accordance with this section1 distribute the proceeds of emission allowances auctioned pursuant to section #gbb7;d7 each year in accordance with the following formula3 7,a7 #be percent shall be divided equally among the ,states4 7,b7 #ej percent of the emission allowances shall be distributed ratably among the ,states and ,indian ,tribes based on the population of each ,state and ,indian ,tribe1 as contained in the most recent census data available from the ,bureau of the ,census at the time the ,administrator calculates the formula for distribution4 7,c7 #be percent shall be distributed ratably among the ,states and ,indian ,tribes on the basis of the energy consumption of each ,state and ,indian ,tribe as contained in the most recent ,state ,energy ,data ,system report of the ,energy ,information ,administration 7or such alternative reliable source as the ,administrator may designate74 7#b7 ,minimum amounts for ,indian ,tribes ,the ,administrator shall ensure that not less than #e percent of the total proceeds distributed to ,states and ,indian ,tribes in each calendar year is distributed to ,indian ,tribes4 7#c7 ,recalculation of distribution amounts ,the ,administrator shall recalculate the amounts to be distributed as determined by the formula in paragraph 7#a7 not less frequently than once every #e years4 7e7 ,uses ,the proceeds distributed to each ,state and ,indian ,tribe pursuant to this section may be used to provide grants1 tax credits1 production incentives1 loans1 loan guarantees1 forgivable loans1 interest rate buydowns1 and other types of financial assistance and incentives that support or promote the following3 7#a7 ,zero-emission electricity generation1 including-- 7,a7 research1 development1 and demonstration of zero-emission electricity generation projects2 and 7,b7 deployment of community-scale1 low-income1 and distributed generation zero-emission electricity generation projects4 7#b7 ,energy storage projects4 7#c7 ,energy efficiency programs4 7#d7 ,grid modernization1 including support for integration of renewable energy resources and distributed generation1 demand response1 demand side management1 and systems analysis4 7#e7 ,deployment of zero-emission vehicles1 including light-1 medium-1 and heavy-duty vehicles4 7#f7 ,charging1 refueling1 and grid infrastructure enhancement to support zero-emission vehicles4 7#g7 ,design1 construction1 and maintenance to improve the resilience of existing and new infrastructure1 including public health infrastructure1 to the impacts of climate change1 including wildfires1 drought1 flooding1 and other extreme weather events4 7#h7 ,electrification of residential and commercial products that reduces demand for natural gas1 heating oil1 gasoline1 diesel fuel1 or propane4 7#i7 ,wildlife and natural resource adaptation1 including-- 7,a7 protection1 maintenance1 or restoration of natural infrastructure such as wetlands1 reefs1 and barrier islands2 7,b7 conservation or maintenance of public lands2 7,c7 protection and restoration of watersheds2 7,d7 floodplain restoration and flood protection in densely populated urban areas2 and 7,e7 mitigation of ocean-related climate change effects1 including effects on bays1 estuaries1 populated barrier islands1 and other ocean-related features4 7#aj7 ,sustainable agricultural programs1 including promotion of soil health4 7#aa7 ,food waste reduction programs4 7#ab7 ,sustainable forest management and land use programs4 7#ac7 ,reduction1 capture1 and use of methane from landfills and wastewater treatment facilities4 7#ad7 ,material conservation programs4 7#ae7 ,providing the non-,federal share of the cost of surface transportation capital projects that support public transportation and transit programs1 including support for bike lanes and pathways1 pedestrian pathways1 and bike share programs provided that not more than #aj percent of assistance distributed to each ,state and ,indian ,tribe pursuant to this section shall be used for such purposes4 7#af7 ,construction1 expansion1 and retooling of facilities that manufacture components for clean energy technology systems4 7#ag7 ,installation1 retrofit1 or conversion of equipment to enable manufacturing facilities to manufacture zero- or low-emission energy-intensive industrial products4 7#ah7 ,any other program1 including a ,state program1 that reduces air pollution1 deploys clean energy or energy efficient technologies1 or enhances the resilience of infrastructure1 as determined by the ,administrator4 7f7 ,administrative costs ,not more than #e percent of the proceeds distributed to ,states and ,indian ,tribes in any year may be used for the purposes of administrative expenses4 7g7 ,maintenance of effort ,a ,state or ,indian ,tribe's use of proceeds distributed by this section shall include assurances that the ,state or ,indian ,tribe will maintain support for existing activities carried out by such ,state or ,indian ,tribe in future years at least at the levels of such support that is the average of such ,state or ,indian ,tribe's support for such programs in the #c years preceding the date of enactment of this section4 ,the ,administrator may waive the requirement in this subsection for the purpose of relieving fiscal burdens on ,states and ,indian ,tribes that have experienced a precipitous decline in financial resources4 7h7 ,assistance to disadvantaged and rural communities ,not less than #ej percent of funding distributed to each ,state and ,indian ,tribe shall be used to provide assistance to activities located within disadvantaged or rural communities1 as determined by the ,administrator4 7i7 ,reporting ,each ,state and ,indian ,tribe shall submit to the ,administrator a report every #b years on the use of proceeds received under this section in accordance with such requirements as the ,administrator may prescribe4 7j7 ,enforcement ,if the ,administrator determines that a ,state or ,indian ,tribe is not in compliance with this section1 the ,administrator may withhold proceeds that are otherwise to be distributed to such ,state or ,indian ,tribe4 ,proceeds withheld pursuant to this subsection may be distributed among the remaining ,states and ,indian ,tribes in accordance with the formula determined pursuant to subsection 7d74 #gbe4 ,program review ,the ,administrator shall-- 7#a7 in conjunction with the establishment of emission allowances under section #gae7;c77#b7 for a compliance period1 conduct a review of the implementation of this title2 7#b7 in conducting each such review1 seek public comment2 and 7#c7 upon completion of each such review1 submit to ,congress a report with the results of such review1 including recommendations1 if any1 for legislation or administrative actions appropriate to achieve the targets under section #gaa7;a7 and the reductions under section #gaa7;b74 #gbf4 ,advisory board 7a7 ,establishment ,the ,administrator shall establish an advisory board to provide independent advice and recommendations to the ,environmental ,protection ,agency with respect to the administration of this title4 7b7 ,membership ,the advisory board shall be composed of members representing-- 7#a7 community-based organizations1 including such organizations that carry out initiatives relating to environmental justice2 7#b7 ,state governments2 7#c7 ,tribal ,governments2 7#d7 local governments2 7#e7 labor organizations2 7#f7 nongovernmental and environmental organizations2 7#g7 agricultural organizations2 7#h7 private sector organizations1 including representatives of industries and businesses required to comply with the requirements of this title2 and 7#i7 experts in the field of-- 7,a7 socioeconomic analysis2 7,b7 health and environmental effects2 7,c7 pollution monitoring and exposure evaluation2 7,d7 environmental law and civil rights law2 7,e7 environmental health science research2 or 7,f7 agricultural science research4 7c7 ,,faca ,chapter #aj of title #e1 ,united ,states ,code 7commonly known as the ,federal ,advisory ,committee ,act71 shall apply to the advisory board4 ,c ,emissions ,reductions in ,every ,community #gca4 ,definitions ,in this part3 7a7 ,cleaner ,air ,community ,the term ,cleaner ,air ,community means a community designated as a ,cleaner ,air ,community under section #gcc4 7b7 ,cleaner ,air ,community ,fund ,the term ,cleaner ,air ,community ,fund means the fund established under section #ajd of the ,climate ,pollution ,standard and ,community ,investment ,act of #bjbe4 7c7 ,community ,the term community means a county1 municipality1 town1 township1 village1 parish1 borough1 or other unit of general government below the ,state level4 #gcb4 ,use of funds from the ,cleaner ,air ,community ,fund 7a7 ,in general 7#a7 ,assistance ,beginning in #bjbh and each year thereafter1 the ,administrator shall provide assistance pursuant to this section using amounts made available in the ,cleaner ,air ,community ,fund4 7#b7 ,priority ,in providing assistance pursuant to this section using amounts made available in the ,cleaner ,air ,community ,fund1 the ,administrator shall prioritize providing assistance to communities designated as a ,cleaner ,air ,community under section #gcc4 7b7 ,environmental and climate justice block grants ,the ,administrator is authorized to use amounts made available in the ,cleaner ,air ,community ,fund to award grants and provide technical assistance under section #ach4 7c7 ,enhanced air pollution monitoring 7#a7 ,in general ,the ,administrator is authorized to award grants using amounts made available in the ,cleaner ,air ,community ,fund to local and ,state governments1 ,indian ,tribes1 air pollution control agencies1 and other public or nonprofit private agencies1 institutions1 and organizations with appropriate technical capacity to support additional emissions monitoring in disadvantaged communities1 as determined by the ,administrator4 7#b7 ,applications ,to be eligible to receive a grant under this subsection1 an entity described in paragraph 7#a7 shall submit an application to the ,administrator at such time1 in such form1 and containing such information and assurances as the ,administrator may require4 7#c7 ,prioritization of use of funds ,the ,administrator shall prioritize awarding grants under this subsection to entities that propose1 in an application submitted under paragraph 7#b71 to use grants to-- 7,a7 improve the reporting1 monitoring1 and enforcement of the requirements of this title2 7,b7 improve air quality monitoring1 including by the use of hyperlocal air monitoring equipment and techniques1 in locations determined by the ,administrator to have insufficient monitoring equipment and capabilities2 or 7,c7 inform management decisions1 such as the placement or relocation of stationary air pollution monitors1 transportation or land use planning1 investments in mitigating air pollution sources1 and other planning decisions1 by relevant local1 ,state1 and ,tribal governments4 7d7 ,development of emissions reduction plans 7#a7 ,in general ,the ,administrator is authorized to award grants and provide technical assistance using amounts made available in the ,cleaner ,air ,community ,fund to local and ,state governments1 ,indian ,tribes1 air pollution control agencies1 and other public or nonprofit private agencies1 institutions1 and organizations that are located in a ,cleaner ,air ,community to develop multiyear plans to reduce air pollution in such community4 7#b7 ,plan contents ,a plan developed under paragraph 7#a7 shall include-- 7,a7 a proposal to develop effective and practical processes1 methods1 and devices to reduce1 prevent1 or control air pollution1 including greenhouse gas emissions1 within a ,cleaner ,air ,community2 and 7,b7 a description of the expected use of funds to develop such proposals4 7#c7 ,community engagement ,any entity receiving a grant to develop a multi-year plan under paragraph 7#a7 shall demonstrate sufficient community engagement with local residents in the development of a plan4 7e7 ,implementation of emissions reduction plans ,the ,administrator is authorized to award grants using amounts made available in the ,cleaner ,air ,community ,fund to local and ,state governments1 ,indian ,tribes1 air pollution control agencies1 and other public or nonprofit private agencies1 institutions1 and organizations that received a grant and developed a plan under subsection 7d7-- 7#a7 if the ,administrator determines such entity demonstrated sufficient community engagement with local residents in the development of the plan2 and 7#b7 for purposes of implementing the plan4 7f7 ,community-,based ,health ,services in ,cleaner ,air ,communities ,the ,administrator1 in consultation with the ,secretary of ,health and ,human ,services1 is authorized to award grants using amounts made available in the ,cleaner ,air ,community ,fund to local and ,state governments1 ,indian ,tribes1 air pollution control agencies1 and other public or nonprofit private agencies1 institutions1 and organizations1 which shall be used to-- 7#a7 support community-based health centers1 health monitoring1 and other health care services located in a ,cleaner ,air ,community2 and 7#b7 address the health impacts of individuals who reside or work in a ,cleaner ,air ,community4 #gcc4 ,cleaner ,air ,communities 7a7 ,designation of cleaner air communities ,beginning after compliance period #a1 the ,administrator shall designate1 for a period of #e years1 communities as ,cleaner ,air ,communities in accordance with this section4 7b7 ,eligibility ,a community shall be eligible to be designated as a ,cleaner ,air ,community under subsection 7a7 if the community1 or a census tract within such community1 experiences an increase of emissions of any greenhouse gas1 hazardous air pollutant1 or criteria air pollutant on an annual basis over the average annual quantity of emissions of the pollutant during the previous compliance period4 7c7 ,petition for designation ,any person may petition the ,administrator to designate a community as a ,cleaner ,air ,community under subsection 7a74 7d7 ,consideration of petition ,the ,administrator shall review a petition under subsection 7c7 and make a determination on such petition not later than #a year after receiving such petition4 7e7 ,redesignation of ,cleaner ,air ,communities ,not later than #d years after a community is designated as a ,cleaner ,air ,community1 the ,administrator shall determine whether to extend the designation of the community as a ,cleaner ,air ,community for another #e-year period beginning at the end of the last year during which that community experienced an increase of pollutants as described in subsection 7b74 #gcd4 ,annual report to ,congress ,beginning in #bjbh1 not later than #ahj days after the end of each year1 the ,administrator shall submit to ,congress a report for the previous year1 which shall include-- 7#a7 a description of each grant awarded and the technical assistance provided under this part or section #ach pursuant to this part2 7#b7 the amount of funding that remains available in the ,cleaner ,air ,community ,fund2 7#c7 an assessment of the air quality monitoring needs of disadvantaged communities1 as determined by the ,administrator1 including a determination whether additional air quality monitoring is necessary to determine the eligibility of communities to be designated as ,cleaner ,air ,communities2 and 7#d7 an assessment of the air quality and public health of ,cleaner ,air ,communities and efforts to reduce air pollution in such communities4 #gce4 ,regulations ,the ,administrator shall issue any regulations necessary to implement this part not later than #cf months after the date of enactment of this part4 ,d ,negative ,emissions ,activities #gda4 ,definitions ,in this part3 7#a7 ,beginning producer ,the term beginning producer means an individual that-- 7,a7 7i7 has not operated a farm or ranch2 or 7ii7 has operated a farm or ranch for not more than #aj years2 and 7,b7 meets such other criteria as the ,administrator1 in consultation with the ,secretary1 may establish4 7#b7 ,eligible carbon removal technology 7,a7 ,in general ,the term eligible carbon removal technology means any equipment1 technique1 or technology1 placed into service after ,january #a1 #bjbe1 that-- 7i7 captures carbon dioxide directly from ambient air or seawater1 as determined appropriate by the ,administrator2 and 7ii7 permanently stores such captured carbon dioxide-- 7,i7 in a subsurface geologic formation or in materials1 including building materials and mineralized carbon materials2 or 7,,ii7 using other permanent storage methods1 as determined by the ,administrator4 7,b7 ,exclusion ,the term eligible carbon removal technology does not include any equipment1 technique1 or technology that-- 7i7 captures carbon dioxide which is deliberately released from naturally occurring subsurface springs2 or 7ii7 stores or uses carbon dioxide for enhanced oil recovery4 7#c7 ,eligible land 7,a7 ,in general ,the term eligible land means land on which agricultural commodities1 livestock1 or forest-related products are produced4 7,b7 ,inclusions ,the term eligible land includes the following3 7i7 ,cropland4 7ii7 ,grassland4 7iii7 ,rangeland4 7iv7 ,pasture land4 7v7 ,nonindustrial private forest land4 7vi7 ,other agricultural land 7including cropped woodland1 marshes1 environmentally sensitive areas1 and agricultural land used for the production of livestock7 on which identified or expected resource concerns related to agricultural production could be addressed through a contract under the ,program as determined by the ,administrator1 in consultation with the ,secretary4 7#d7 ,eligible practice ,the term eligible practice means an activity included on the list established under section #gdd7;a74 7#e7 ,high-quality project ,the term high-quality project means carrying out one or more eligible practices1 which result in 7as determined by the ,administrator7 verifiable1 permanent1 and additional reductions or avoidance of greenhouse gas emissions or sequestration of greenhouse gases4 7#f7 ,payment ,the term payment means financial assistance provided to a producer for performing one or more practices under this part4 7#g7 ,producer ,the term producer means an individual or entity capable of carrying out an eligible practice4 7#h7 ,program ,the term ,program means the program established under section #gdc4 7#i7 ,secretary ,the term ,secretary means the ,secretary of the ,department of ,agriculture4 7#aj7 ,socially disadvantaged producer ,the term socially disadvantaged producer means a farmer or rancher who is a member of a group whose members have been subjected to racial or ethnic prejudice because of their identity as members of the group without regard to their individual qualities4 #gdb4 ,purposes ,the purposes of the ,program are to incentivize activities that result in reduction or avoidance of greenhouse gas emissions1 or sequestration of greenhouse gases1 and to optimize environmental benefits1 by-- 7#a7 utilizing methodologies1 in consultation with the ,secretary for agricultural production and forest management practices on eligible land1 for each eligible practice type for quantifying and verifying potential and actual reduction and avoidance of greenhouse emissions and sequestration of greenhouse gases2 7#b7 avoiding1 to the maximum extent practicable1 the need for regulatory programs by assisting producers implementing eligible practices on eligible land in reducing or avoiding greenhouse gas emissions1 or sequestering of greenhouse gases in order to achieve economy-wide greenhouse gas emissions reduction targets pursuant to section #gjb2 7#c7 avoiding or minimizing1 to the maximum extent practicable1 adverse effects on human health or the environment resulting from the implementation of practices under the ,program2 7#d7 assisting producers implementing eligible practices on eligible land with adaptation to changing climatic conditions and mitigating against increasing weather volatility and drought2 and 7#e7 enabling the participation of beginning producers and socially disadvantaged producers in the ,program4 #gdc4 ,establishment 7a7 ,in general ,the ,administrator1 in consultation with the ,secretary with respect to agricultural production and forest management practices on eligible land1 shall establish a program to enter into contracts with producers to carry out practices using amounts made available in the ,negative ,emissions ,activities ,fund4 7b7 ,regulations ,not later than #b years after the date of enactment of this part1 the ,administrator shall promulgate regulations to carry out this part4 #gdd4 ,eligible practices 7a7 ,list of eligible practices -- 7#a7 ,listing ,the ,administrator1 in consultation with the ,secretary with respect to agricultural production and forest management activities on eligible land1 shall establish1 and may periodically revise1 a list of activities that are eligible practices4 7#b7 ,requirements ,the ,administrator may include an activity as an eligible practice on the list established under paragraph 7#a7 if the ,administrator1 in consultation with the ,secretary with respect to agricultural production and forest management practices on eligible land1 determines the activity can reduce or avoid greenhouse gas emissions or sequester greenhouse gases1 consistent with the purposes described in section #gdb4 7#c7 ,modifications to list ,the ,administrator may at any time1 by rule1 add or remove an activity to or from the list of eligible practices in accordance with paragraph 7#b74 7b7 ,establishment of initial list ,in establishing the initial list under subsection 7a71 the ,administrator1 in consultation with the ,secretary with respect to agricultural production and forest management practices on eligible land1 shall give priority to consideration of activities for which there are well developed methodologies for quantifying the reduction or avoidance of greenhouse gas emissions or sequestration of greenhouse gases with such modifications as the ,administrator considers appropriate4 ,at a minimum1 the initial list prepared under this section shall include the following activities that reduce or avoid greenhouse gas emissions or sequester greenhouse gases3 7#a7 ,agricultural1 grassland1 and rangeland sequestration and management activities on eligible land4 7#b7 ,changes in carbon stocks attributed to land use change and forestry activities on eligible land4 7#c7 ,manure management and disposal on eligible land4 7#d7 ,livestock management on eligible land4 7#e7 ,eligible carbon removal technologies4 7c7 ,methodologies 7#a7 ,establishment ,the ,administrator1 in consultation with the ,secretary with respect to agricultural production and forest management practices on eligible land1 shall establish for each type of eligible practice a standardized methodology for determining the quantity of reduction or avoidance of greenhouse gas emissions1 or sequestration of greenhouse gases1 expected to be achieved by the type of eligible practice1 including protocols for monitoring1 reporting1 and verifying performance1 and accounting for uncertainty4 7#b7 ,preexisting methodologies ,in establishing a standard methodology for each type of eligible practice under paragraph 7#a71 the ,administrator shall consider basing such standard methodology on methodologies that exist as of the date of enactment of this part4 #gde4 ,applications 7a7 ,in general ,the ,administrator may enter into a contract with a producer under section #gdf if-- 7#a7 the producer submits to the ,administrator an application that proposes to carry out one or more eligible practices2 and 7#b7 the ,administrator approves such application under this section4 7b7 ,evaluation criteria ,the ,administrator shall develop criteria for evaluating applications submitted under subsection 7a71 which shall include consideration of the potential quantity and cost effectiveness of reduction or avoidance of greenhouse gas emissions1 or sequestration of greenhouse gases1 from the proposed eligible practices4 7c7 ,prioritization of applications ,in evaluating applications submitted under subsection 7a71 the ,administrator shall prioritize approving applications based on-- 7#a7 the anticipated quantity of reduction or avoidance of greenhouse gas emissions1 or sequestration of greenhouse gases from the proposed eligible practices2 7#b7 the cost to carry out the proposed eligible practices relative to other1 similar eligible practices2 7#c7 how effectively and comprehensively the proposed eligible practices are expected to achieve the reduction or avoidance of greenhouse gas emissions1 or sequestration of greenhouse gases on eligible land2 7#d7 the inclusion of high-quality projects2 and 7#e7 how well the proposed eligible practices fulfill the purposes of the ,program4 7d7 ,grouping of applications ,to the greatest extent practicable1 the ,administrator shall evaluate applications that propose to carry out the same or similar eligible practices together4 7e7 ,geographic scope ,the ,administrator shall1 to the extent practicable1 seek to approve applications from a diversity of geographic regions of the ,united ,states1 taking into account factors such as soil type1 cropping history1 and water availability4 7f7 ,set aside for use of eligible carbon removal technology ,the ,administrator shall ensure that1 each year1 not less than #bj percent of the amount provided under contracts entered into under section #gdf be provided to carry out eligible practices that use eligible carbon removal technology4 7g7 ,reverse auction 7#a7 ,in general ,the ,administrator may approve applications submitted under subsection 7a7 using a reverse auction mechanism to promote the most cost effective means of achieving the anticipated reduction or avoidance of greenhouse gas emissions1 or sequestration of greenhouse gases1 pursuant to contracts entered into under section #gdf4 7#b7 ,multifactor bidding ,when using a reverse auction mechanism under paragraph 7#a71 the ,administrator may incorporate noncost factors into the auction system1 and prioritize approving applications that propose to carry out eligible practices that-- 7,a7 maximize the net greenhouse gas emissions reductions2 7,b7 minimize the amount of greenhouse gas emissions released by carrying out the eligible practices2 7,c7 would increase the diversity of types of eligible practices carried out pursuant to section #gdf2 7,d7 would be carried out in geographically diverse areas2 7,e7 support economic development or job creation in disadvantaged or rural communities1 as determined by the ,administrator2 7,f7 include robust public engagement and community benefits commitments2 7,g7 provide benefits to beginning producers and socially disadvantaged producers2 and 7,h7 include high-quality projects4 7h7 ,third-,party ,aggregators ,the ,administrator may1 when evaluating applications under this section1 approve applications from entities that aggregate eligible practices from multiple producers4 #gdf4 ,contracts and payments 7a7 ,contracts ,after approving an application under section #gde1 the ,administrator shall seek to enter into a contract with the producer that submitted the application4 7b7 ,required provisions ,a contract entered into under subsection 7a7 shall-- 7#a7 require the producer to develop and implement a program plan which-- 7,a7 shall be approved by the ,administrator1 and may include such conditions the ,administrator may require2 and 7,b7 shall provide for how the producer will-- 7i7 carry out the eligible practices proposed in the application2 7ii7 manage1 maintain1 and improve such eligible practices for the duration of the contract2 7iii7 provide for the verification of the actual quantity of greenhouse gas emissions reduced or avoided1 or greenhouse gases sequestered1 from such eligible practices in accordance with section #gdg7;b72 and 7iv7 adequately mitigate environmental impacts 7including impacts on biodiversity1 land use1 and water quality7 with carrying out such eligible practices2 7#b7 require the producer to maintain and supply information required by the ,administrator to determine compliance with1 and the effectiveness of1 the program plan2 7#c7 if the producer transfers the rights1 title1 and interests in eligible land subject to the contract 7unless the transferee enters into an agreement with the ,administrator to assume all obligations of the contract71 require the producer to refund all payments received under the ,program1 as determined by the ,administrator2 7#d7 prohibit the producer from using payments made under subsection 7e7 to conduct any activities that would undermine the purposes of the ,program2 7#e7 include a provision that a producer may not be considered in violation of the contract for failure to comply with the contract due to circumstances beyond the control of the producer1 including a disaster or other similar condition1 as determined by the ,administrator2 7#f7 provide for annual payments to the producer in accordance with subsection 7e72 and 7#g7 include any additional provisions the ,administrator determines are necessary to carry out the ,program4 7c7 ,renewal ,if the ,administrator determines that further implementation of a producer's program plan would continue to result in cost-effective reduction or avoidance of greenhouse gas emissions1 or sequestration of greenhouse gases1 the ,administrator may seek to renew the existing contract in the last year of the contract term if the producer-- 7#a7 demonstrates compliance with the provisions of the existing contract2 and 7#b7 agrees to adopt and continue to integrate new or improved eligible practices1 as determined by the ,administrator4 7d7 ,term of contracts 7#a7 ,in general ,a contract entered into or renewed under this section shall be for a term of-- 7,a7 not less than #e years2 and 7,b7 not more than #bj years4 7#b7 ,factors for determining contract duration ,the ,administrator shall determine the term of a contract entered into or renewed under this section based on-- 7,a7 the eligible practices included in the producer's program plan2 7,b7 the opportunities for greenhouse gas emission reduction or avoidance1 or sequestration of greenhouse gases1 from such eligible practices2 and 7,c7 other factors determined appropriate by the ,administrator4 7e7 ,annual payments 7#a7 ,in general ,the ,administrator shall provide annual payments to a producer with which the ,administrator enters into or renews a contract under this section using amounts made available in the ,negative ,emissions ,activities ,fund4 7#b7 ,amount 7,a7 ,primary consideration ,the ,administrator shall determine the amount of an annual payment under paragraph 7#a7 based on-- 7i7 the expected quantity of greenhouse gas emission reduction or avoidance1 or sequestration of greenhouse gases1 resulting from the eligible practices included in the program plan2 7ii7 the amount and scale of high-quality projects included in the program plan2 and 7iii7 if applicable1 the results of a reverse auction carried out pursuant to section #gde7;g74 7,b7 ,additional considerations ,in determining the amount of an annual payment under this paragraph1 the ,administrator may also consider-- 7i7 costs incurred by the producer associated with developing and implementing the program plan1 including costs associated with plans1 designs1 materials1 equipment1 and labor2 7ii7 income forgone by the producer from eligible land2 and 7iii7 the extent to which compensation would ensure long-term continued maintenance1 management1 and improvement of one or more practices included in the program plan4 7,c7 ,additional payments for maintenance of program plans ,if the ,administrator and a producer agree to renew a contract pursuant to subsection 7c71 the ,administrator may provide the producer a separate payment for purposes of maintaining the previously implemented program plan4 ,notwithstanding subparagraph 7,a71 such separate payment may be based on actual measured and verified greenhouse gas emission reduction or avoidance1 or sequestration of greenhouse gases4 7#c7 ,advance payments 7,a7 ,in general ,the ,administrator may1 if requested by a producer1 provide a portion of an annual payment in advance for costs related to purchasing materials1 equipment1 or contracting in order to implement one or more eligible practices included in the producer's program plan4 7,b7 ,return of funds ,if a payment provided in advance under subparagraph 7,a7 is not expended during the #ij-;day period beginning on the date of receipt of the payment1 the remaining amounts of such payment shall be returned to the ,negative ,emissions ,activities ,fund within a reasonable timeframe1 as determined by the ,administrator4 7,c7 ,notification and documentation ,the ,administrator shall-- 7i7 notify each producer at the time of enrollment in the ,program of the option to receive advance payments2 and 7ii7 document each request to receive advance payments4 7#d7 ,financial assistance from other sources 7,a7 ,in general ,any payments received by a producer from a ,state1 private organization1 or person for the implementation of one or more eligible practices on eligible land shall be in addition to the payments provided to the producer pursuant to this subsection4 7,b7 ,prohibition on double counting ,the ,administrator may require1 as a condition of the contract1 that a producer who receives payments for implementing eligible practices under this section may not also use such eligible practices as a compliance mechanism for another greenhouse gas emissions management program1 including any foreign1 ,federal1 ,state1 local1 or voluntary private greenhouse gas emissions management program1 if such use would undermine the goal established by section #gjb4 7#e7 ,limitation of payments ,the ,administrator may not make payments under this section in excess of the amounts made available in the ,negative ,emissions ,activities ,fund4 ,if the aggregate of such payments in any calendar year will exceed such amount1 the ,administrator shall reduce the amount of payments to the extent necessary to comply with the requirement in the first sentence4 7f7 ,modification or termination of contracts 7#a7 ,voluntary modification or termination ,the ,administrator may modify or terminate a contract entered into or renewed with a producer under this section if-- 7,a7 the producer agrees to the modification or termination2 and 7,b7 the ,administrator determines that the modification or termination is in the public interest4 7#b7 ,involuntary termination ,the ,administrator may terminate a contract under the program if the ,administrator determines that the producer violated the contract4 7#c7 ,repayment ,if a contract is terminated1 the ,administrator may-- 7,a7 allow the producer to retain payments already received under the contract2 or 7,b7 require repayment1 in whole or in part1 of payments received4 7g7 ,enforcement of terms and conditions 7#a7 ,termination ,notwithstanding subsection 7f71 if the ,administrator determines that a producer violated a term or condition of a contract entered into or renewed under this section1 and such violation warrants termination of the contract 7as determined by the ,administrator71 the producer-- 7,a7 may not receive payments under the contract2 and 7,b7 shall refund to the ,administrator all or a portion of the payments received by the owner or operator under the contract1 including any interest on the payments1 as determined by the ,administrator4 7#b7 ,other penalties ,notwithstanding subsection 7f71 if the ,administrator determines that a producer violated a term or condition of a contract entered into or renewed under this section1 but such violation does not warrant termination of the contract1 the producer shall refund to the ,administrator1 or accept adjustments to1 the payments provided to the owner or operator1 as the ,administrator determines to be appropriate4 #gdg4 ,duties of the ,administrator 7a7 ,technical assistance 7#a7 ,in general ,to the extent appropriate1 the ,administrator1 in consultation with the ,secretary with respect to agricultural production and forest management practices on eligible land1 shall assist producers with implementing program plans by providing to producers technical assistance1 education1 and outreach1 including with respect to information and training to aid in the design1 installation1 and implementation of program plans4 7#b7 ,prioritized producers ,the ,administrator shall prioritize providing technical assistance1 education1 and outreach under paragraph 7#a7 to beginning producers and socially disadvantaged producers4 7b7 ,verification of program plans ,the ,administrator shall establish requirements for how producers may verify the actual quantity of greenhouse gas emissions reduced or avoided1 or greenhouse gases sequestered1 from eligible practices under section #gdf7;b77#a77;,b74 ,the producer shall submit to the ,administrator a report prepared by a third-party verifier accredited pursuant to paragraph 7#b7 that provides such information as the ,administrator requires to verify such quantities4 7#a7 ,schedule ,the ,administrator shall prescribe a schedule for the submission of reports under this subsection1 which shall occur not less than once during the term of each contract4 7#b7 ,verifier accreditation 7,a7 ,in general ,the ,administrator shall establish a process and requirements for periodic accreditation of third-party verifiers to ensure that such verifiers are professionally qualified and have no conflicts of interest4 7,b7 ,federal accreditation ,the process and requirements established under subparagraph 7,a7 may include-- 7i7 accreditation standards for third-party verifiers2 and 7ii7 training and testing requirements for third-party verifiers4 7,c7 ,public accessibility ,each third-party verifier meeting the requirements for accreditation established pursuant to subparagraph 7,a7 shall be listed in a publicly accessible database1 which shall be maintained and updated by the ,administrator4 7c7 ,audits ,the ,administrator shall conduct1 on an annual basis1 random audits of eligible activities carried out by producers under program plans and the activities of third-party verifiers4 ,at a minimum1 the ,administrator shall conduct audits each year of a representative sample of eligible activities and geographical areas4 ,nothing in this subsection prevents the ,administrator from conducting any other audit the ,administrator considers to be necessary4 7d7 ,assessment of quantification methodologies ,the ,administrator shall regularly assess the verification requirements established under subsection 7b7 and develop new requirements for verification as needed in order to effectively carry out this part4 7e7 ,coordination with other ,federal agencies ,in carrying out this part1 the ,administrator shall coordinate activities of the ,environmental ,protection ,agency with the ,department of ,agriculture and other relevant ,federal agencies implementing conservation programs to align protocols1 decrease administrative burdens1 and increase enrollment in beneficial climate practices4 #gdh4 ,reporting and database 7a7 ,report required ,not later than ,january #a1 #bjcj1 and every #b years thereafter1 the ,administrator shall submit to ,congress a report on the status of eligible practices funded under this part1 including-- 7#a7 the amount of payments awarded2 7#b7 results of the eligible practices associated with such payments1 including estimates of the quantity of reduction or avoidance of greenhouse gas emissions1 or increases in sequestration of greenhouse gases2 and 7#c7 recommendations to improve the effectiveness of such eligible practices4 7b7 ,practice database 7#a7 ,in general ,the ,administrator shall use the data reported under subsection 7a7 to establish and maintain a publicly available database that provides-- 7,a7 a compilation and analysis of eligible practices being carried out under program plans2 and 7,b7 a list of recommended eligible practices4 7#b7 ,privacy ,information provided under paragraph 7#a7 shall be transformed into a statistical or aggregate form so as to not include any identifiable or personal information of individual producers4 #gdi4 ,program review and revision ,at least once every #e years1 the ,administrator1 in consultation with the ,secretary with respect to agricultural production and forest management practices on eligible land1 shall review and1 as appropriate1 update and revise-- 7#a7 the list of eligible practices established under section #gdd7;a72 7#b7 the methodologies established under section #gdd7;c72 7#c7 the criteria to evaluate applications under section #gde2 7#d7 the ,program1 as necessary1 to increase participation by beginning producers and socially disadvantaged producers2 and 7#e7 any other requirements established under this part to ensure the effectiveness of achieving the purposes in section #gdb1 including by incorporating new data and evidence about actual emissions outcomes of practices to improve model certainty and the accuracy of emission reduction estimates4 ,e ,international ,reserve ,allowance ,program #gea4 ,definitions ,in this part3 7#a7 ,covered article ,the term covered article means any good which-- 7,a7 is imported into the ,united ,states2 and 7,b7 contains greater than #ajj pounds of any combination of any covered primary good4 7#b7 ,covered imported good ,the term covered imported good means-- 7,a7 a covered primary good2 or 7,b7 a covered article4 7#c7 ,covered primary good ,the term covered primary good means any good which-- 7,a7 is imported into the ,united ,states2 and 7,b7 is produced by an eligible industrial sector listed pursuant to section #gbc4 #geb4 ,international reserve allowance program 7a7 ,establishment 7#a7 ,in general ,the ,administrator1 with the concurrence of the ,commissioner responsible for ,u4,s4 ,customs and ,border ,protection and in consultation with additional ,federal agencies as determined appropriate by the ,administrator1 shall issue regulations-- 7,a7 establishing an international reserve allowance program for the sale1 exchange1 purchase1 transfer1 and banking of international reserve allowances for covered imported goods2 7,b7 ensuring that the price for purchasing an international reserve allowance is equivalent to the average of the previous four auction clearing prices for emission allowances under section #gbj2 7,c7 establishing a general methodology for calculating the quantity of international reserve allowances that an importer of a covered imported good must submit2 7,d7 requiring the submission of an appropriate amount of international reserve allowances for covered imported goods entering the customs territory of the ,united ,states2 7,e7 exempting from the requirements of subparagraph 7,d7 covered imported goods that are-- 7i7 determined1 by independent third-party verification1 to meet the relevant output-based allocation benchmark under section #gbc7;b72 7ii7 produced in any foreign country that the ,united ,nations has identified as among the least developed of developing countries2 or 7iii7 produced in any foreign country that the ,administrator has determined to be responsible for less than #j4e percent of total global greenhouse gas emissions and less than #e percent of ,united ,states imports of covered imported goods with respect to the relevant eligible industrial sector2 7,f7 specifying the procedures that ,u4,s4 ,customs and ,border ,protection will apply for the declaration and entry of covered imported goods into the customs territory of the ,united ,states2 7,g7 establishing procedures that prevent circumvention of the international reserve allowance program requirements for covered imported goods that are manufactured or processed in more than one foreign country2 and 7,h7 publishing1 on an annual basis1 relevant information regarding the quantity of international reserve allowances sold1 the quantity of covered imported goods entering the customs territory of the ,united ,states1 relevant greenhouse gas emissions information of such goods1 the country of origin of such goods1 and other information as determined relevant by the ,administrator4 7#b7 ,purpose of program ,the ,administrator shall establish the program under paragraph 7#a7 consistent with international agreements to which the ,united ,states is a party1 in a manner that minimizes the likelihood of carbon leakage as a result of differences between-- 7,a7 the direct and indirect costs of complying with part ,b of this title2 and 7,b7 the direct and indirect costs1 if any1 of complying in other countries with greenhouse gas regulatory programs1 requirements1 export tariffs1 or other measures adopted or imposed to reduce greenhouse gas emissions4 7b7 ,greenhouse gas emissions data for covered imported goods 7#a7 ,in general ,under the regulations established under subsection 7a71 the ,administrator shall require independent1 third-party verification of greenhouse gas emissions data1 including attributable greenhouse gas emissions1 for all relevant stages of production of each covered imported good entering the customs territory of the ,united ,states4 7#b7 ,failure to produce verified greenhouse gas emissions data ,if the ,administrator determines that an importer of a covered imported good has failed to provide accurate1 sufficient1 and independent1 third-party verified data1 the ,administrator shall make a determination of the greenhouse gas emissions associated with the production of such good based on the best available data related to the greenhouse gas emissions and production data from all facilities which produce similar goods within the country of origin1 the greenhouse gas emissions intensity of the general economy of the country of origin of such good1 and other factors determined relevant by the ,administrator4 7c7 ,disposition of proceeds 7#a7 ,clean energy rebate program supplemental funding #ej percent of the proceeds from the sale of international reserve allowances under this section in each fiscal year shall be made available to the ,secretary of the ,treasury to carry out the ,clean ,energy ,rebate ,program established by section #ajb of the ,climate ,pollution ,standard and ,community ,investment ,act of #bjbe4 7#b7 ,administrative expenses ,the ,administrator may use1 including the transfer of funds to the ,commissioner responsible for ,u4,s4 ,customs and ,border ,protection1 not more than #aj percent of the proceeds from the sale of international reserve allowances under this section in each fiscal year to cover the administrative expenses associated with administering this section4 7#c7 ,remaining revenues ,the ,administrator shall deposit any remaining proceeds from the sale of international reserve allowances under this section in a fiscal year in equal shares to the funds established by sections #ajc1 #ajd1 #aje1 and #ajf of the ,climate ,pollution ,standard and ,community ,investment ,act of #bjbe4 7d7 ,effective date ,the international reserve allowance program shall not apply to imports of covered imported goods entering the customs territory of the ,united ,states before ,january #a1 #bjbh4 7e7 ,covered entities ,international reserve allowances shall not be used by covered entities to comply with part ,b of this title4 4 7b7 ,conforming amendments 7#a7 ,federal enforcement ,section #aac of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdac7 is amended-- 7,a7 in subsection 7a77#c71 by striking or title ,,vi1 and inserting title ,,vi1 or title ,,vii2 7,b7 in subsection 7b77#b71 by striking or title ,,vi and inserting title ,,vi1 or title ,,vii2 7,c7 in subsection 7c7-- 7i7 in the first sentence of paragraph 7#a71 by striking or title ,,vi 7relating to stratospheric ozone control71 and inserting title ,,vi1 or title ,,vii12 and 7ii7 in the first sentence of paragraph 7#c71 by striking or ,,vi and inserting ,,vi1 or ,,vii2 7,d7 in subsection 7d77#a77;,b71 by striking or ,,vi and inserting ,,vi1 or ,,vii2 and 7,e7 in subsection 7f71 in the first sentence1 by striking or ,,vi and inserting ,,vi1 or ,,vii4 7#b7 ,inspections1 monitoring1 and entry ,section #aad7;a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdad7;a77 is amended by striking section #aab1 7ii7 and inserting section #aab1 or any regulation of greenhouse gas emissions under title ,,vii1 7ii74 7#c7 ,enforcement ,section #cjd7;f7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfjd7;f77 is amended-- 7,a7 in paragraph 7#b71 by striking or at the end2 7,b7 in paragraph 7#c71 by striking 2 or at the end and inserting a comma2 7,c7 in paragraph 7#d71 by striking the period at the end and inserting 1 or2 and 7,d7 by inserting the following new paragraph after paragraph 7#d73 7#e7 any requirement of title ,,vii1 4 7#d7 ,administrative proceedings and judicial review ,section #cjg of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfjg7 is amended-- 7,a7 in subsection 7a71 by striking 1 or section #cjf and inserting section #cjf1 or title ,,vii2 7,b7 in subsection 7b77#a71 by striking section #abj1 in the first sentence and inserting section #abj1 any final action under title ,,vii12 and 7,c7 in subsection 7d77#a7-- 7i7 in subparagraph 7,t71 by striking 1 and at the end and inserting a comma2 7ii7 by redesignating subparagraph 7,u7 as subparagraph 7,v72 and 7iii7 by inserting the following new subparagraph after subparagraph 7,t73 7,u7 the promulgation or revision of any regulation under title ,,vii1 and 4 7#e7 ,energy ,independence and ,security ,act of #bjjg ,section #edh7;b7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaeh7;b77 is amended-- 7,a7 in paragraph 7#a71 by striking the or at the end2 7,b7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#c7 section #gbb7;e7 of the ,clean ,air ,act4 4 #ajb4 ,clean ,energy ,rebate ,program 7a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,agriculture and the ,secretary of ,health and ,human ,services1 shall carry out a program to be known as the ,clean ,energy ,rebate ,program to provide rebates to eligible households using amounts made available to the ,secretary under sections #gbb7;c7 and #geb of the ,clean ,air ,act4 7b7 ,streamlined participation for certain beneficiaries ,the ,secretary shall-- 7#a7 periodically estimate the number of eligible households1 and the number of participating eligible households1 for the ,clean ,energy ,rebate ,program2 and 7#b7 develop procedures1 in consultation with the ,commissioner of ,social ,security1 the ,railroad ,retirement ,board1 the ,secretary of ,veterans ,affairs1 and relevant ,state agencies1 to ensure that beneficiaries of the benefit programs administered by such entities receive the rebate for which such beneficiaries are eligible under the ,clean ,energy ,rebate ,program4 7c7 ,rebate amount ,the rebate amount for an eligible household under this section shall be determined by the ,secretary1 accounting for-- 7#a7 the amount of funding made available under section #gbb7;c7 of the ,clean ,air ,act2 and 7#b7 the number of citizens and permanent legal residents of the eligible household4 7d7 ,delivery mechanism ,the ,secretary shall establish rules for providing rebates to eligible households under this section in an administratively simple manner1 and on a quarterly basis through-- 7#a7 direct deposit into the eligible household's designated bank account2 7#b7 a ,state's electronic benefit transfer system2 or 7#c7 another ,federal or ,state mechanism1 if such a mechanism is approved by the ,secretary4 7e7 ,administration by ,states 7#a7 ,in general ,the ,secretary may1 in consultation with the ,secretary of ,agriculture and the ,secretary of ,health and ,human ,services1 establish uniform national program standards to enable ,states1 upon the approval of the ,secretary1 to administer the ,clean ,energy ,rebate ,program in the ,state4 ,such a ,state shall establish procedures governing the administration of the ,clean ,energy ,rebate ,program that the relevant ,state agency determines best serve eligible households in the ,state1 including households with special needs1 such as households with elderly or disabled members1 households in rural areas1 homeless individuals1 and households residing on reservations as defined in the ,indian ,child ,welfare ,act of #aigh and the ,indian ,financing ,act of #aigd4 7#b7 ,coadministration with other programs ,such a ,state may coadminister the ,clean ,energy ,rebate ,program with other ,state programs1 such as the supplemental nutrition assistance program authorized by the ,food and ,nutrition ,act of #bjjh in accordance with the provisions of this title4 7#c7 ,additional requirements ,no ,state shall impose any condition of eligibility for a rebate under this section other than what is required by this section4 7#d7 ,oversight ,each ,state administering the ,clean ,energy ,rebate ,program shall-- 7,a7 assume responsibility for the certification of eligible households and for the issuance of rebates and the control and accountability thereof2 and 7,b7 report information to the ,secretary at such a time and manner as determined appropriate by the ,secretary4 7f7 ,outreach ,the ,secretary shall carry out a robust and comprehensive outreach program to ensure that eligible households learn of their eligibility for rebates and are advised of the opportunity to receive such rebates4 7g7 ,tax treatment ,rebate amounts provided under this section may not be includible in the gross income of the recipient for purposes of the ,internal ,revenue ,code of #aihf4 7h7 ,regulations ,not later than #bd months after the date of enactment of this title1 the ,secretary shall issue such regulations1 or guidance1 as the ,secretary determines necessary or appropriate for the effective and efficient administration of the ,clean ,energy ,rebate ,program4 7i7 ,definitions ,in this section3 7#a7 ,eligible household ,the term eligible household means a household-- 7,a7 for which the gross income of the household does not exceed #bjj percent of the poverty line2 7,b7 for which the relevant ,state agency of the ,state in which the household is located determines that the household is participating in-- 7i7 the supplemental nutrition assistance program authorized by the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq472 7ii7 the food distribution program on ,indian reservations authorized by section #d7;b7 of such ,act2 or 7iii7 the program for nutrition assistance in ,puerto ,rico or ,american ,samoa under section #ai of such ,act2 7,c7 that 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 et seq472 and 7,d7 of which at least one member is a citizen or permanent legal resident4 7#b7 ,gross income of a household ,the term gross income of a household means the gross income of a household that is determined in accordance with standards and procedures established under section #e of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjad74 7#c7 ,household ,the term household has the meaning given the term ,household in section #c7m7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjab7m774 7#d7 ,poverty line ,the term poverty line has the meaning given such term in section #fgc7b7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb74 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,treasury4 7#f7 ,state ,the term ,state means the #ej ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 ,guam1 and the ,commonwealth of the ,northern ,mariana ,islands4 #ajc4 ,worker and ,community ,assistance ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,worker and ,community ,assistance ,fund1 consisting of-- 7#a7 such amounts as are deposited in the fund under sections #gbb7;g7 and #geb of the ,clean ,air ,act2 and 7#b7 such additional amounts as may be appropriated to supplement the fund4 7b7 ,expenditures from fund 7#a7 ,availability ,amounts deposited in the fund pursuant to subsection 7a7 shall be available to the ,secretary of ,labor and the ,director of the ,office of ,energy and ,economic ,transition without subsequent appropriation and shall remain available without fiscal year limitation until expended4 7#b7 ,administrative expenses ,the ,secretary of ,labor and the ,director of the ,office of ,energy and ,economic ,transition may use not more than #e percent of the amount available in the ,worker and ,community ,assistance ,fund on ,october #a of each fiscal year to cover the administrative expenses of carrying out title ,,ii of this ,act for that fiscal year4 #ajd4 ,cleaner ,air ,community ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,cleaner ,air ,community ,fund1 consisting of-- 7#a7 such amounts as are deposited in the fund under sections #gbb7;h7 and #geb of the ,clean ,air ,act2 and 7#b7 such additional sums as may be appropriated to supplement the fund4 7b7 ,expenditures from fund 7#a7 ,in general ,amounts deposited in the fund pursuant to subsection 7a7 shall be available to the ,administrator of the ,environmental ,protection ,agency without subsequent appropriation and shall remain available without fiscal year limitation until expended4 7#b7 ,administrative expenses ,the ,administrator of the ,environmental ,protection ,agency may use not more than #e percent of the amount available in the ,cleaner ,air ,community ,fund on ,october #a of each fiscal year to cover the administrative expenses of carrying out part ,c of title ,,vii of the ,clean ,air ,act for that fiscal year4 #aje4 ,negative ,emissions ,activities ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,negative ,emissions ,activities ,fund1 consisting of-- 7#a7 such amounts as are deposited in the fund under sections #gbb7;i7 and #geb of the ,clean ,air ,act2 and 7#b7 such additional amounts as may be appropriated to supplement the fund4 7b7 ,expenditures from fund 7#a7 ,in general ,amounts deposited in the fund pursuant to subsection 7a7 shall be available to the ,administrator of the ,environmental ,protection ,agency without subsequent appropriation and shall remain available without fiscal year limitation until expended4 7#b7 ,administrative expenses ,the ,administrator of the ,environmental ,protection ,agency may use not more than #e percent of the amount available in the ,negative ,emissions ,activities ,fund on ,october #a of each fiscal year to cover the administrative expenses of carrying out part ,d of title ,,vii of the ,clean ,air ,act for that fiscal year4 #ajf4 ,energy ,innovation ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,energy ,innovation ,fund1 consisting of-- 7#a7 such amounts as are deposited in the fund under section #gbb7;j7 and #geb of the ,clean ,air ,act2 and 7#b7 such additional amounts as may be appropriated to supplement the fund4 7b7 ,expenditures from ,fund 7#a7 ,in general ,beginning in fiscal year #bjbg1 amounts deposited in the fund pursuant to subsection 7a7 shall be available to the ,secretary of ,energy without subsequent appropriation and shall remain available without fiscal year limitation until expended to provide assistance pursuant to subsection 7c74 7#b7 ,administrative expenses ,the ,secretary of ,energy may use not more than #e percent of the amount available in the ,energy ,innovation ,fund on ,october #a of each fiscal year to cover the administrative expenses of carrying out this section for that fiscal year4 7c7 ,use of funds ,the ,secretary of ,energy shall provide assistance under this section1 distributed on a competitive basis1 to local1 ,state1 and ,tribal governments1 institutions of higher education1 companies1 research foundations1 trade and industry research collaborations1 or consortia of such entities1 or other appropriate research and development entities to support research1 development1 and demonstration of technology that the ,secretary determines supports achievement of the goal established by section #gjb of the ,clean ,air ,act1 including through targeted acceleration of-- 7#a7 novel early-stage clean energy research2 7#b7 development of techniques1 processes1 and technologies1 and related testing and evaluation2 7#c7 development of manufacturing processes for clean energy technologies2 and 7#d7 demonstration for commercial applications of clean energy technologies4 7d7 ,supplement not supplant ,assistance provided under this section shall be used to supplement1 and not to supplant1 any other ,federal resources available to carry out the activities described in this section4 7e7 ,report to ,congress ,not later than #c years after the date of enactment of this ,act1 and each year thereafter1 the ,secretary of ,energy shall submit to ,congress and make available to the public a report that describes the activities funded by the ,energy ,innovation ,fund4 #ajg4 ,emission allowance market oversight 7a7 ,definition of emission allowance ,in this section1 the term emission allowance means any emission allowance established or issued under title ,,vii of the ,clean ,air ,act1 or any derivative of such allowance4 7b7 ,interagency working group 7#a7 ,establishment ,not later than #a year after the date of enactment of this section1 the ,president shall establish an interagency working group to support the oversight of emission allowance transactions4 ,such working group shall include representatives from-- 7,a7 the ,environmental ,protection ,agency2 7,b7 the ,federal ,energy ,regulatory ,commission2 7,c7 the ,commodity ,futures ,trading ,commission2 and 7,d7 other relevant ,federal agencies as determined by the ,president4 7#b7 ,recommendations ,the working group shall make periodic recommendations to ,congress and relevant ,federal agencies to-- 7,a7 provide for effective and comprehensive market oversight of emission allowance transactions2 7,b7 prohibit fraud1 market manipulation1 and excess speculation related to emission allowance transactions2 7,c7 limit unreasonable fluctuation in the prices of emission allowances2 7,d7 ensure market transparency to provide for efficient price discovery1 prevention of fraud1 market manipulation1 and excess speculation2 and 7,e7 facilitate compliance with title ,,vii of the ,clean ,air ,act4 7#c7 ,report ,not later than #c years after the date of enactment of this section1 and biennially thereafter1 the interagency working group shall submit to the ,president and ,congress a written report that includes the recommendations made under paragraph 7#b7 for-- 7,a7 regulations and other actions to be taken by ,federal agencies to enhance the oversight of emission allowance transactions2 and 7,b7 statutory changes needed to ensure the proper operation and oversight of transparent1 fair1 stable1 and efficient emission allowance transactions4 #ajh4 ,direct hire authority for implementation of this title ,notwithstanding section #ccjd and sections #ccji through #ccah of title #e1 ,united ,states ,code1 the ,administrator of the ,environmental ,protection ,agency1 upon a determination by the ,administrator that there is a severe shortage of candidates or a critical hiring need for particular positions to carry out this title 7including the amendments made by this title71 may recruit and directly appoint highly qualified individuals into the competitive service4 ,,ii ,worker and ,community ,assistance #bja4 ,definitions ,in this title3 7#a7 ,adversely affected community ,the term adversely affected community means a unit of local government or an ,indian ,tribe 7or a political subdivision thereof7 that has been1 or is at risk to be1 significantly disrupted by the ,united ,states transition to net-zero greenhouse gas emissions through the loss of a significant portion of locally generated tax revenue or employment due to the closure1 or risk of closure1 of an impacted employer within its jurisdiction4 7#b7 ,adversely affected worker ,the term adversely affected worker means an individual who has been1 or is at risk to be1 totally separated or partially separated from employment by an impacted employer4 7#c7 ,director ,the term ,director means the ,director of the ,office of ,energy and ,economic ,transition4 7#d7 ,impacted employer ,the term impacted employer means a private entity that is primarily engaged in business related to-- 7,a7 the extraction of fossil fuels2 7,b7 the refinement of fossil fuels2 7,c7 the generation of electricity from fossil fuels2 7,d7 the production of energy-intensive industrial products2 7,e7 the manufacture of light-1 medium-1 and heavy-duty vehicles that utilize an internal combustion engine and component parts for such vehicles2 7,f7 the construction1 operation1 and maintenance of infrastructure to deliver fossil fuels for domestic use2 or 7,g7 other industries significantly disrupted by the ,united ,states transition to net-zero greenhouse gas emissions1 as determined by the ,director1 in consultation with the ,administrator of the ,environmental ,protection ,agency and the ,secretary of ,labor4 7#e7 ,partial separation ,the terms partial separation and partially separated mean1 with respect to an individual who has not been totally separated from employment1 that-- 7,a7 the number of hours of work for such individual has been reduced by an impacted employer to #hj percent or less of the average number of hours per week such individual worked per week prior to any separation from employment2 and 7,b7 the wages for such individual have been reduced by an impacted employer to #hj percent or less of the average wages per week while employed by the impacted employer prior to any separation4 7#f7 ,total separation ,the terms total separation and totally separated mean the layoff or severance of an individual from employment by an impacted employer4 #bjb4 ,energy and economic transition impact studies 7a7 ,in general ,the ,secretary of ,energy shall seek to enter into an agreement with the ,national ,academy of ,sciences under which the ,academy agrees to conduct studies on matters concerning the potential impacts of achieving net-zero greenhouse gas emissions on workers and communities dependent on employment related to fossil fuels as follows3 7#a7 ,not later than #a year after the date of entry into such agreement1 the ,academy shall complete a study focused on communities that have experienced an energy-related transition within the previous #aj years1 including communities that were dependent on coal1 and submit to ,congress and the ,secretary of ,energy a report on the results of such study4 7#b7 ,not later than #c years after the date of entry into such agreement1 the ,academy shall complete a study focused on communities and industries not covered in the study under paragraph 7#a7 that are likely to experience an energy-related transition should the ,united ,states achieve net-zero greenhouse gas emissions by #bjej1 and submit to ,congress and the ,secretary of ,energy a report on the results of such study4 7b7 ,timing of agreement ,the ,secretary of ,energy shall seek to enter into the agreement described in subsection 7a7 not later than #ahj days after the date of the enactment of this ,act4 7c7 ,requirements ,the study and report under paragraph 7#a7 of subsection 7a71 with respect to communities described in such paragraph1 and the study and report under paragraph 7#b7 of subsection 7a71 with respect to communities described in such paragraph1 shall-- 7#a7 assess current and foreseeable trends in worker and community disruptions associated with the ,united ,states transition to achieving net-zero greenhouse gas emissions1 and the effects of such trends on the social1 economic1 and other requirements of the ,united ,states2 7#b7 identify types of occupations related to fossil fuels that may be impacted by the ,united ,states transition to achieving net-zero greenhouse gas emissions1 including-- 7,a7 occupations involved with-- 7i7 the extraction of fossil fuels2 7ii7 the refinement of fossil fuels2 7iii7 the generation of electricity from fossil fuels2 7iv7 the production of energy-intensive industrial products2 7v7 the manufacture of light-1 medium-1 and heavy-duty vehicles that utilize an internal combustion engine and component parts for such vehicles2 and 7vi7 the construction1 operation1 and maintenance of infrastructure to deliver fossil fuels for domestic use2 and 7,b7 for each type of occupation identified under subparagraph 7,a71 estimates of-- 7i7 the number of employees serving in each type of occupation2 7ii7 the locations of employees for each type of occupation2 7iii7 the average wages and benefits of employees for each type of occupation2 and 7iv7 the average age of employees for each type of occupation1 including an estimate of the number of employees #ee years of age or older2 7#c7 assess impacts and potential impacts associated with the ,united ,states transition to achieving net-zero greenhouse gas emissions on workers in the types of occupations identified under paragraph 7#b72 7#d7 identify skills1 including professional certifications1 typically associated with each type of occupation identified under paragraph 7#b7 and potential occupations utilizing the same or similar skills in industries not impacted by the ,united ,states transition to achieving net-zero greenhouse gas emissions1 including an estimate of average wages and benefits for each such potential occupation2 7#e7 identify the ages and locations of1 and existing debt burdens1 including debt burdens resulting from ,department of ,agriculture ,rural ,utilities ,service loans1 related to existing fossil fuel-powered electricity generating units2 7#f7 identify municipal and county governments that derive-- 7,a7 more than #be percent of locally generated tax revenue or employment within the jurisdiction of the government from industries employing workers in types of occupations identified under paragraph 7#b72 and 7,b7 more than #ej percent of locally generated tax revenue or employment within that jurisdiction from such industries2 7#g7 assess the status and condition of communities already affected by the transition to achieving net-zero greenhouse gas emissions1 that have lost significant locally generated tax revenue or employment within the past #aj years2 7#h7 assess economic development and alternative employment opportunities in communities identified in paragraphs 7#f7 and 7#g71 including an assessment of existing educational1 workforce development1 and infrastructure assets1 including transportation1 energy1 and digital infrastructure1 near identified communities2 7#i7 identify commonly occurring municipal and county government services and programs funded by locally generated tax revenues in communities identified in paragraphs 7#f7 and 7#g71 including-- 7,a7 education2 7,b7 public safety1 including police and fire departments2 7,c7 health care2 7,d7 infrastructure2 and 7,e7 workforce development2 and 7#aj7 identify potential strategies1 consistent with achieving net-zero greenhouse gas emissions1 to avoid future disruptions among businesses and workers1 including strategies to reskill workers to fill jobs in emerging and growing industries4 7d7 ,recommendations ,the studies and reports under subsection 7a7 shall identify actions that could be taken regarding worker and community transition to net-zero greenhouse gas emissions1 including-- 7#a7 compensation packages for employees in types of occupations identified under subsection 7c77#b71 including-- 7,a7 transition adjustment assistance1 potentially including support for wages1 pension1 health care1 and other benefits2 and 7,b7 enabling early retirement for such employees over the age of #ee2 7#b7 training and further education for employees in occupations identified under subsection 7c77#b71 potentially including job placement and relocation assistance2 7#c7 economic development and diversification of communities identified under paragraphs 7#f7 and 7#g7 of subsection 7c71 including employment and development opportunities associated with environmental remediation2 7#d7 financial assistance packages for communities identified in paragraphs 7#f7 and 7#g7 of subsection 7c7 to provide temporary replacement of lost locally generated tax revenue2 and 7#e7 recommendations for remedying deficiencies of existing programs and activities identified in subsection 7c71 which may include recommendations for ,federal legislation and ,executive action4 7e7 ,authorization of appropriations ,there is authorized to be appropriated such sums as are necessary to carry out this section4 #bjc4 ,office of ,energy and ,economic ,transition 7a7 ,establishment ,there is established in the ,executive ,office of the ,president an ,office of ,energy and ,economic ,transition4 ,the ,office shall be led by a ,director who shall be appointed by the ,president1 to serve at the pleasure of the ,president1 by and with the advice and consent of the ,senate4 7b7 ,director qualifications ,the ,director shall be a person who1 as a result of training1 experience1 and attainments1 is exceptionally well qualified to-- 7#a7 appraise programs and activities of the ,federal ,government in light of the challenges posed to adversely affected workers and adversely affected communities2 7#b7 be conscious of and responsive to the scientific1 economic1 social1 cultural1 and pollution reduction needs and interests of the ,united ,states2 and 7#c7 formulate and recommend national policies to assist workers and communities disrupted in the ,united ,states transition to achieving net-zero greenhouse gas emissions4 7c7 ,compensation for director ,the annual rate of pay for the ,director shall be fixed by the ,president at a rate that may not exceed the annual rate of pay for level ,,ii of the ,executive ,schedule4 7d7 ,duties of director ,the ,director shall assist and advise the ,president on policies and programs of the ,federal ,government affecting the ,united ,states transition to achieving net-zero greenhouse gas emissions by-- 7#a7 administering the programs and activities under this title2 7#b7 assisting and advising the ,president in the preparation of the ,worker and ,community ,transition ,report required under subsection 7g72 7#c7 reviewing and appraising the various programs and activities of the ,federal ,government related to adversely affected workers and economic development and diversification of adversely affected communities1 and making recommendations to the ,president with respect to such programs and activities2 7#d7 coordinating relevant programs and activities among the relevant ,federal departments and agencies through the ,interagency ,energy and ,economic ,transition ,task ,force convened pursuant to section #bjd2 7#e7 coordinating across ,federal departments1 agencies1 and other initiatives to align energy-related transition strategies with other national economic development strategies1 including national manufacturing1 infrastructure1 and environmental remediation strategies2 7#f7 in accordance with section #bje1 being responsive to and coordinating with the ,stakeholder ,advisory ,committee established under such section2 7#g7 creating and maintaining a website to serve as an information clearinghouse containing information on relevant programs and activities from relevant departments and agencies across the ,federal ,government to increase awareness of ,federal programs1 grants1 loans1 loan guarantees1 and other assistance and resources the ,director determines may assist economic development and diversification activities in adversely affected communities and support adversely affected workers2 7#h7 providing assistance to adversely affected communities1 including technical and financial assistance1 and support for capacity building and planning capabilities by adversely affected communities and community-based leaders of such communities1 including assistance provided pursuant to section #bjf or through ,community-,based ,transition ,hubs pursuant to section #bjg2 7#i7 collecting1 collating1 analyzing1 and interpreting data and information on adversely affected workers and economic development and diversification of adversely affected communities2 and 7#aj7 implementing grant programs or other forms of financial and technical assistance to support adversely affected workers and the economic development and diversification of adversely affected communities as required by this title or after determining no such similar program or assistance is being provided by a ,federal agency4 7e7 ,employment of personnel1 experts1 and consultants ,the ,office may employ such officers and employees as may be necessary to carry out its duties under this title4 ,in addition1 the ,office may employ and fix the compensation of such experts and consultants as may be necessary for carrying out such duties1 in accordance with section #caji of title #e1 ,united ,states ,code4 7f7 ,reimbursements ,the ,office may accept reimbursements from any private nonprofit organization1 any department1 agency1 or instrumentality of the ,federal ,government1 or any ,state or local government for the reasonable travel expenses incurred by the ,director or an employee of the ,office in connection with attendance at any conference1 seminar1 or similar meeting conducted for the benefit of the ,office4 7g7 ,report to congress ,beginning in #bjbg1 the ,president shall transmit to ,congress a report1 to be known as the ,worker and ,community ,transition ,report1 not less than once every #b years1 which shall set forth-- 7#a7 the status and condition of workers and communities disrupted in the ,united ,states transition to achieving net-zero greenhouse gas emissions1 with an emphasis on economic development and diversification activities in adversely affected communities2 7#b7 current and foreseeable trends in worker and community disruptions associated with the ,united ,states transition to achieving net-zero greenhouse gas emissions1 and the effects of such trends on the social1 economic1 and other requirements of the ,united ,states2 7#c7 a review of the programs and activities 7including regulatory activities7 of the ,federal ,government1 ,state1 ,tribal1 and local governments1 and nongovernmental entities or individuals that serve adversely affected communities2 7#d7 recommendations for remedying deficiencies of existing programs and activities described in paragraph 7#c71 which may include recommendations for new programs and activities and legislation to authorize such programs2 and 7#e7 the expenditures of the ,office in support of programs and activities authorized under this title4 7h7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as are necessary4 #bjd4 ,interagency ,energy and ,economic ,transition ,task ,force 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,director shall convene regularly a task force1 to be known as the ,interagency ,energy and ,economic ,transition ,task ,force1 to enhance the coordination of relevant programs and activities intended to support adversely affected workers and adversely affected communities1 with an emphasis on economic development and diversification activities in adversely affected communities4 7b7 ,composition ,the ,task ,force shall be comprised of the following 7or a designee73 7#a7 ,the ,secretary of ,energy4 7#b7 ,the ,secretary of ,labor4 7#c7 ,the ,secretary of ,commerce4 7#d7 ,the ,secretary of ,agriculture4 7#e7 ,the ,secretary of ,health and ,human ,services4 7#f7 ,the ,secretary of ,housing and ,urban ,development4 7#g7 ,the ,secretary of the ,interior4 7#h7 ,the ,secretary of ,transportation4 7#i7 ,the ,secretary of the ,treasury4 7#aj7 ,the ,secretary of ,education4 7#aa7 ,the ,administrator of the ,environmental ,protection ,agency4 7#ab7 ,the ,administrator of the ,small ,business ,administration4 7#ac7 ,the ,director of the ,office of ,management and ,budget4 7#ad7 ,the ,chair of the ,council on ,environmental ,quality4 7#ae7 ,the ,chairman of the ,appalachian ,regional ,commission4 7#af7 ,such other ,federal officials as determined appropriate by the ,director4 7c7 ,functions ,the ,task ,force shall-- 7#a7 report to the ,president through the ,director2 7#b7 seek to enhance coordination and implementation of programs and activities related to the duties of the ,office of ,energy and ,economic ,transition in order to ensure that the administration of programs1 activities1 and policies across ,federal departments and agencies is carried out in a consistent and complementary manner2 7#c7 utilize1 to the fullest extent possible1 the services1 facilities1 and information 7including statistical information7 of public and private agencies and organizations1 and individuals1 in order that duplication of effort and expense may be avoided2 and 7#d7 identify1 based in part on recommendations from the ,stakeholder ,advisory ,committee established under section #bje and the public1 opportunities to improve support for adversely affected workers and adversely affected communities for relevant ,federal departments and agencies to take into consideration and address4 7d7 ,public participation ,the ,task ,force shall-- 7#a7 hold public meetings or otherwise solicit public participation for the purposes of developing and coordinating policies and programs of the ,federal ,government related to adversely affected workers and adversely affected communities in the ,united ,states transition to achieving net-zero greenhouse gas emissions2 and 7#b7 publish a summary of any comments and recommendations provided pursuant to paragraph 7#a74 #bje4 ,stakeholder ,advisory ,committee 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,director shall establish a committee1 to be known as the ,stakeholder ,advisory ,committee1 to consult with representatives of adversely affected communities1 adversely affected workers1 industry1 labor unions1 economic development experts1 ,state1 local1 and ,tribal governments1 and other organizations and individuals1 as determined appropriate by the ,director1 to address the needs of workers and communities affected by the ,united ,states energy transition to net-zero greenhouse gas emissions4 7b7 ,membership ,the ,stakeholder ,advisory ,committee shall be comprised of members who have knowledge of1 or experience relating to1 workers and communities adversely affected by the ,united ,states energy transition to net-zero greenhouse gas emissions1 with an emphasis on economic development and diversification activities in adversely affected communities1 and shall include-- 7#a7 representatives from labor unions1 including at least one representative from-- 7,a7 the mining sector2 7,b7 the electricity generation sector2 7,c7 the manufacturing sector2 and 7,d7 the transportation sector2 7#b7 community leaders from adversely affected communities1 including community leaders from ,tribal and ,indigenous communities2 7#c7 representatives from ,state1 ,tribal1 and local governments2 7#d7 experts in economic development2 7#e7 experts in workforce development2 7#f7 representatives from nongovernmental organizations1 including environmental organizations2 and 7#g7 representatives from the private sector4 7c7 ,responsibilities ,the ,stakeholder ,advisory ,committee shall provide independent advice and recommendations to the ,director with respect to issues relating to the duties of the ,office of ,energy and ,economic ,transition1 including-- 7#a7 improving participation1 cooperation1 and communication between the ,office and adversely affected communities2 7#b7 recommending lessons learned and best practices from communities1 regions1 and countries that have gone through1 are going through1 or are planning for an energy-related economic transition2 7#c7 supporting community-based public meetings1 as described in subsection 7f72 7#d7 soliciting and receiving feedback from ,community-,based ,transition ,hubs receiving grants pursuant to section #bjg2 and 7#e7 producing a report within #b years of establishment1 and every #b years thereafter1 and make recommendations1 including actions that could be taken under executive authority and new legislation4 7d7 ,recommendations from the stakeholder advisory committee ,the ,director shall provide a written response to each recommendation submitted in a report under subsection 7c7 to the ,director by the ,stakeholder ,advisory ,committee by not later than #ahj days after the date of submission of such report4 7e7 ,committee meetings 7#a7 ,in general ,the ,stakeholder ,advisory ,committee shall meet not less frequently than #c times each calendar year4 7#b7 ,open to public ,each meeting of the ,stakeholder ,advisory ,committee shall be held open to the public4 7#c7 ,duties of the director ,the ,director 7or a designee7 shall-- 7,a7 be present at each meeting of the ,stakeholder ,advisory ,committee2 7,b7 ensure that each meeting is conducted in accordance with an agenda approved in advance by the ,director2 7,c7 provide an opportunity for interested persons-- 7i7 to file comments before or after each meeting of the ,stakeholder ,advisory ,committee2 or 7ii7 to make statements at such a meeting1 to the extent that time permits2 and 7,d7 ensure that a high-level representative from each department and agency from the ,interagency ,energy and ,economic ,transition ,task ,force convened pursuant to section #bjd is invited to1 and encouraged to attend1 each meeting of the ,stakeholder ,advisory ,committee4 7f7 ,public meetings 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 and each year thereafter1 the ,director1 in coordination with the ,stakeholder ,advisory ,committee1 shall hold public meetings to gather input with respect to the duties of the ,office of ,energy and ,economic ,transition and implementation of this title4 7#b7 ,outreach to adversely affected communities ,the ,director1 in advance of the meetings described in subsection 7a71 shall hold meetings in multiple adversely affected communities to provide meaningful community involvement opportunities4 7#c7 ,coordination with ,community-,based ,transition ,hubs ,the ,director1 in advance of the meetings described in subsection 7a71 shall coordinate and solicit comments from entities receiving grants under section #bjg4 7g7 ,travel expenses ,a member of the ,stakeholder ,advisory ,committee may be allowed travel expenses1 including per diem in lieu of subsistence1 at such rate as the ,director determines to be appropriate while away from the home or regular place of business of the member in the performance of the duties of the ,stakeholder ,advisory ,committee1 including participation in a public meeting pursuant to subsection 7f74 7h7 ,duration ,the ,stakeholder ,advisory ,committee shall remain in existence unless otherwise provided by law4 #bjf4 ,assistance for adversely affected communities 7a7 ,in general ,the ,director shall establish a program to provide assistance to eligible local government entities1 including making payments to temporarily replace eligible local revenues of such entities1 using amounts made available to the ,director in the ,worker and ,community ,assistance ,fund4 7b7 ,requirements ,in implementing the program in subsection 7a71 the ,director shall-- 7#a7 identify problems of counties1 regions1 metropolitan areas1 ,tribal ,governments1 and communities that result from the cessation of operations by impacted employers2 7#b7 use and maintain a uniform socioeconomic impact analysis2 7#c7 apply consistent policies1 practices1 and procedures in the administration of ,federal programs that are used to assist counties1 ,tribal ,governments1 regions1 metropolitan areas1 communities1 and businesses2 7#d7 encourage effective ,federal1 ,state1 ,tribal1 county1 regional1 metropolitan1 and community cooperation and involvement of public interest groups1 labor organizations1 and private sector organizations in community adjustment activities2 7#e7 serve as a clearinghouse to exchange information among ,federal1 ,state1 ,tribal1 county1 regional1 metropolitan1 and community officials involved in community adjustment activities4 ,such information may include reports1 studies1 best practices1 technical information1 and sources of public and private financing2 and 7#f7 support planning activities of counties1 ,tribal ,governments1 regions1 metropolitan areas1 and communities to promote diversification of local economies4 7c7 ,community adjustments to eligible local government entities ,the ,director shall make annual payments under this section to eligible local government entities to replace eligible local revenues due to the cessation of operations by impacted employers located within the jurisdiction of such local government entities4 7d7 ,order of payment ,the date of submission of an eligible local government entity's application for assistance shall establish the order in which assistance is paid to program applicants1 except that in no event shall assistance be paid to a local government entity until such time that an impacted employer has been closed4 ,any local government entity seeking assistance under this section shall submit an affidavit to the ,director that an impacted employer has ceased operating and an estimation of eligible local revenues4 ,after receipt of such an affidavit under this subsection1 the ,director shall confirm such information4 7e7 ,conditions on payments and assistance ,an eligible local government entity shall-- 7#a7 be eligible for not more than one payment each fiscal year under this section2 and 7#b7 not receive payments under this section for more than #h fiscal years4 7f7 ,determination of payment amount ,the amount of a payment under this section shall be determined by the ,director based on the eligible local revenues from one or more impacted employers to an eligible local government entity equal to-- 7#a7 #ij percent of eligible local revenues in the first and second years2 7#b7 #ge percent of eligible local revenues in the third and fourth years2 7#c7 #ej percent of eligible local revenues in the fifth and sixth years2 and 7#d7 #be percent of eligible local revenues in the seventh and eighth years4 7g7 ,adjustment of payment amounts ,notwithstanding subsection 7f71 if the ,director determines that the total amount of payments to eligible local government entities in any year would exceed the amount of funding made available to carry out this section for that year1 the ,director may reduce each eligible local government entity's payment on a pro rata basis4 7h7 ,report to the director ,an eligible local government entity receiving payment under this section shall be required to submit an annual report to the ,director explaining the use of payments1 including a description of funding used for-- 7#a7 infrastructure2 7#b7 telecommunications2 7#c7 education2 7#d7 health care2 7#e7 public safety1 including police1 fire1 emergency response1 or other community support services2 7#f7 drinking water and wastewater services2 7#g7 economic development and diversification2 7#h7 employment training1 counseling1 and placement services for dislocated workers2 and 7#i7 counseling and other social services for dislocated workers4 7i7 ,community adjustments1 economic development1 and economic diversification planning ,the ,director may make grants and supplement other ,federal funds in order to assist a county1 municipality1 school district1 special district1 or ,tribal ,government in planning for community adjustments1 economic development1 and economic diversification even if such entity is not currently eligible for assistance under this section if the ,director determines that there exists a reasonable likelihood that such entity may become eligible in the future4 7j7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary for carrying out this section4 7k7 ,definitions ,in this section3 7#a7 ,eligible local government entity ,the term eligible local government entity means a county1 municipality1 school district1 special district1 or ,tribal ,government that has one or more impacted employers located within the jurisdiction of such entity that have ceased operations within the #b years prior to submitting an application to the ,director1 resulting in at least a #be percent reduction in total revenues from the real property tax collections1 royalties1 lease payments1 transaction privilege taxes and sales taxes1 or payments in lieu of taxes owed to such entity4 7#b7 ,eligible local revenues ,the term eligible local revenues means the amount of real property taxes1 royalty or lease payments1 transaction privilege taxes and sales taxes1 and payments in lieu of taxes owed by one or more impacted employers to a county1 municipality1 school district1 special district1 or ,tribal ,government1 based on the average annual amount owed by such an impacted employer for the #c years prior to the cessation of operations by such impacted employer4 #bjg4 ,community-,based ,transition ,hub program 7a7 ,in general ,the ,director shall establish a program to award grants to entities described in subsection 7b71 to be known as ,community-,based ,transition ,hubs1 to carry out the activities described in subsection 7d71 using amounts made available to the ,director in the ,worker and ,community ,assistance ,fund4 7b7 ,eligibility ,to be eligible to receive a grant under subsection 7a71 an entity shall demonstrate to the ,director that the entity-- 7#a7 has existing relationships1 or could readily establish relationships1 with local employers and employees1 county1 municipal1 and ,tribal governments1 local and regional economic development and planning organizations1 workforce development1 educational1 and job training resources1 economic development organizations1 community organizations that provide social services1 and other organizations determined appropriate by the ,director2 7#b7 is capable of carrying out the duties described in subsection 7d72 7#c7 can meet the standards described in subsection 7e72 and 7#d7 can provide information consistent with the standards developed under subsection 7f74 7c7 ,priorities ,in awarding grants under this section1 the ,director shall prioritize grants to entities located in communities that-- 7#a7 receive assistance under section #bjf2 or 7#b7 the ,director determines there is a reasonable likelihood may receive assistance under section #bjf within #e years4 7d7 ,duties ,an entity that receives a grant under this section shall-- 7#a7 coordinate with the ,office of ,energy and ,economic ,transition and relevant ,federal departments and agencies regarding the latest information1 financial and technical assistance opportunities1 and best practices to support workers and communities adversely affected by the ,united ,states energy transition to net-zero greenhouse gas emissions2 7#b7 provide capacity-building support and technical assistance1 including grant writing assistance1 to local leaders and organizations1 including elected officials1 community leaders1 business owners1 and labor leaders1 to facilitate community-driven planning processes and on-going program development and implementation related to assistance to displaced workers and economic development and diversification2 7#c7 advise communities that apply for assistance under this title or under other ,federal and ,state programs1 including providing guidance on the procedures and deadlines for applying or petitioning for such assistance2 7#d7 conduct public education activities1 including outreach to adversely affected workers with respect to services and assistance available through local1 ,state1 and ,federal programs2 7#e7 provide information related to1 and when appropriate1 facilitate enrollment in-- 7,a7 training1 employment counseling1 employment opportunities1 and placement services for adversely affected workers1 available in local and regional areas1 including information on how to apply for such training and services2 7,b7 training programs and other services provided by a ,state pursuant to title ,i of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq47 and available in local and regional areas1 including information on how to apply for such training2 7,c7 educational opportunities and information related financial aid1 including referring workers to educational opportunity centers described in section #djb;,f of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a-#af71 where applicable2 7,d7 short-term prevocational services1 including development of learning skills1 communications skills1 interviewing skills1 personal maintenance skills1 and professional conduct to prepare individuals for employment or training2 and 7,e7 support services in local and regional areas1 including services related to childcare1 personal counseling 7including substance abuse treatment1 suicide prevention1 and mental health care71 family counseling1 bankruptcy and financial counseling1 transportation1 dependent care1 housing assistance1 and need-related payments2 7#f7 provide individual employment counseling for adversely affected workers1 including development of an individual employment plan to identify employment goals and objectives1 and appropriate training to achieve those goals and objectives1 or information to obtain such counseling in local and regional areas2 7#g7 provide employment statistics information1 including the provision of accurate information relating to local1 regional1 and national labor market areas1 including-- 7,a7 job vacancy listings in such labor market areas2 7,b7 information on jobs skills necessary to obtain jobs identified in job vacancy listings described in subparagraph 7,a72 7,c7 information relating to local occupations that are in demand and earnings potential of such occupations2 and 7,d7 skills requirements for local occupations described in subparagraph 7,c72 and 7#h7 provide information in a manner that is culturally and linguistically appropriate to the needs of the population being served4 7e7 ,standards ,the ,director shall establish standards for grant recipients under this section1 including provisions to ensure that any entity that receives a grant is qualified to engage in the activities described in this section4 7f7 ,fair and impartial information and services ,the ,director1 in consultation with ,states1 ,tribal ,governments1 and relevant ,federal agencies1 shall develop standards to ensure that information made available by grant recipients under this section is accurate and shall provide such entities with relevant information and technical assistance to enable grant recipients under this section to better perform the duties in subsection 7d74 7g7 ,limitations on grants 7#a7 ,period ,in carrying out this section1 the ,director shall ensure that the total period of a grant does not exceed #f years4 7#b7 ,amount ,in carrying out this section1 the ,director shall ensure that the total amount awarded to an entity during the total period of the grant does not exceed #ab1jjj1jjj4 7h7 ,authorization of appropriations ,there is authorized to be appropriated such sums as are necessary for carrying out this section4 #bjh4 ,assistance for adversely affected workers 7a7 ,in general ,using amounts made available to the ,secretary of ,labor in the ,worker and ,community ,assistance ,fund1 the ,secretary of ,labor shall provide assistance to each eligible adversely affected worker in accordance with this section4 7b7 ,petitions 7#a7 ,filing 7,a7 ,in general ,to be eligible to receive assistance under this section1 a petition shall be filed with the ,secretary and the ,governor of the applicable ,state1 simultaneously1 by 7or on behalf of7 an adversely affected worker or a group of adversely affected workers that meets the requirements of subsection 7c74 7,b7 ,authorized entities ,a petition under subparagraph 7,a7 may be filed on behalf of an individual adversely affected worker or a group of adversely affected workers by one of the following3 7i7 ,the certified or recognized union or other duly authorized representative of such worker or workers4 7ii7 ,an employer of such worker or workers4 7iii7 ,a one-stop operator or one-stop partners 7as defined in section #c of the ,workforce ,innovation and ,opportunity ,act7 including ,state employment security agencies4 7iv7 ,a ,state1 or an entity designated by a ,state1 carrying out rapid response activities pursuant to title ,i of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caaa et seq474 7,c7 ,applicable ,governor ,for purposes of subparagraph 7,a71 the term applicable ,state1 when used with respect to an adversely affected worker or a group of such workers1 means the ,state in which the employment site of such worker or workers is located4 7#b7 ,action by the ,secretary of ,labor ,upon receipt of a petition filed under paragraph 7#a71 the ,secretary of ,labor shall promptly publish notice in the ,federal ,register and on the website of the ,department of ,labor that the ,secretary has received1 and is reviewing1 the petition4 7#c7 ,action by governors ,upon receipt of a petition filed under paragraph 7#a71 the ,governor shall-- 7,a7 ensure that rapid response activities and appropriate career services 7as described in section #acd of the ,workforce ,innovation and ,opportunity ,act7 authorized under other ,federal laws are made available to each adversely affected worker covered by the petition to the extent authorized under such laws2 and 7,b7 assist the ,secretary of ,labor in the review of the petition by verifying the information provided under the petition and providing such other assistance as the ,secretary of ,labor may request4 7c7 ,eligibility ,an adversely affected worker who works or has worked at an employment site of an impacted employer or a group of adversely affected workers from the same employment site of an impacted employer shall be certified by the ,secretary of ,labor as eligible to receive assistance under this section if the ,secretary determines that the petition filed under subsection 7b7 by or on behalf of such individual or group demonstrates that-- 7#a7 such individual worker or each individual worker in such group is an adversely affected worker who has been 7or who has been at risk to be7 totally separated or partially separated from employment with such impacted employer for not longer than the #a-year period ending on the date on which such petition is filed2 7#b7 a significant number or percentage of the workers at such employment site are adversely affected workers2 and 7#c7 the sales1 production1 or delivery of goods or services at such employment site has decreased as a result of any requirement of title ,,vii of the ,clean ,air ,act1 as added by this ,act1 which may be demonstrated by evidence-- 7,a7 in the case of a facility of such employer that mines1 produces1 processes1 or utilizes fossil fuels to generate electricity1 that the shift from reliance upon fossil fuels to other sources of energy has resulted in the closing of such facility or in the partial separation or total separation of a significant number or percentage of workers at such employment site2 7,b7 in the case of a manufacturing facility1 of a substantial increase in the cost of energy and other inputs required for such facility to produce items whose prices are competitive in the marketplace1 and such cost increase is not significantly offset by emission allowance allocation to the facility pursuant to title ,,vii of the ,clean ,air ,act1 as added by this ,act2 or 7,c7 of other documented occurrences of such decreases at such employment site that the ,secretary of ,labor determines are indicators of an adverse impact on the industry in which such employer is primarily engaged as a result of any requirement of title ,,vii of the ,clean ,air ,act1 as added by this ,act4 7d7 ,determination by the ,secretary of ,labor ,as soon as possible after the date on which a petition is filed under subsection 7b7 and not later than #fj days after that date1 the ,secretary of ,labor1 in consultation with the ,administrator of the ,environmental ,protection ,agency1 as necessary1 shall-- 7#a7 determine whether the worker or group of workers who filed the petition or on whose behalf such a petition was filed meets the requirements of subsection 7c72 7#b7 upon reaching a determination with respect to a petition1 promptly publish a summary of the determination in the ,federal ,register and on the website of the ,department of ,labor1 which shall include the first date of the total separation or partial separation 7or the risk of total separation or partial separation7 from employment with an impacted employer of each worker covered by the petition2 and 7#c7 if the ,secretary determines that such petition meets the requirements of subsection 7c7-- 7,a7 publish a certification that such worker or workers are eligible for the assistance described in subsections 7e7 and 7f72 and 7,b7 notify the representatives of the industry in which the worker or workers were employed1 the employer or previous employer of such worker or workers1 and any entity that filed the petition on behalf of the worker or workers1 of-- 7i7 the assistance described in subsections 7e7 and 7f72 and 7ii7 an explanation of how to apply for such assistance4 7e7 ,wage adjustment assistance 7#a7 ,agreements with states ,an adversely affected worker covered by a certification under subsection 7d7 may be eligible to receive the wage adjustment assistance described in this subsection-- 7,a7 if the worker is or was employed in a ,state with an agreement described in paragraph 7#b71 by submitting to such ,state an application for such assistance2 or 7,b7 if the worker is or was employed in a ,state with no such agreement1 by complying with the regulations issued by the ,secretary pursuant to paragraph 7#d74 7#b7 ,state agreement ,the ,secretary of ,labor may enter into an agreement with a ,state or ,state agency1 which shall provide for each of the following3 7,a7 ,applications ,the ,state or ,state agency shall receive applications from adversely affected workers pursuant to paragraph 7#a77;,a74 7,b7 ,terms and conditions ,the terms and conditions for amending1 suspending1 or terminating such agreement4 7,c7 ,relationship to unemployment insurance ,an adversely affected worker receiving wage adjustment assistance under this subsection shall not be eligible for unemployment insurance otherwise payable to such worker under the laws of the ,state4 7,d7 ,responsibilities of cooperating agencies ,the ,state or ,state agency shall perform outreach to adversely affected workers in the ,state covered by a certification under subsection 7d7 with respect to the assistance available to such workers under this subsection4 7,e7 ,state funds ,the ,secretary shall provide funds to the ,state or ,state agency to provide the assistance described in this subsection1 and in addition to such funds1 the ,state shall receive a payment from the ,secretary in an amount that is equal to #ae percent of the amount of such funds for administrative expenses1 including-- 7i7 reviewing petitions under subsection 7b77#c72 7ii7 collecting1 validating1 and reporting data required under this section2 7iii7 providing information and employment services2 and 7iv7 administering wage adjustments under this subsection4 7#c7 ,wage adjustment assistance 7,a7 ,eligibility ,payment of a wage adjustment assistance shall be made to an adversely affected worker covered by a certification published by the ,secretary of ,labor pursuant to subsection 7d7 who files an application with a ,state or ,state agency under paragraph 7#a7 for such assistance for any month of total separation or partial separation from employment with an impacted employer1 if the following conditions are met3 7i7 ,the first month of such total separation or partial separation occurred during the period beginning on the date that is #a year before1 and ending on the date that is #b years after1 the date of such certification4 7ii7 ,such worker had1 in the #eb-week period ending with the week in which such total separation or partial separation first occurred1 at least #bf weeks of full-time employment or #a1jdj hours of part-time employment with an impacted employer1 or1 if data with respect to weeks of employment are not available1 equivalent amounts of employment computed under regulations prescribed by the ,secretary of ,labor4 ,for the purposes of this clause1 a week shall be treated as a week of employment in which such worker-- 7,i7 is on employer-authorized leave for purposes of vacation1 sickness1 injury1 parental or family leave1 or inactive duty or active duty military service for training2 7,,ii7 does not work because of a disability that is compensable under a workmen's compensation law or plan of a ,state or the ,united ,states2 7,,iii7 had employment interrupted in order to serve as a full-time representative of a labor organization in such firm2 or 7,,iv7 performs service in the uniformed services as such term is defined in section #dcjc of title #ch1 ,united ,states ,code4 7,b7 ,ineligibility for certain other benefits ,an adversely affected worker receiving a payment under this subsection shall be ineligible to receive any other form of unemployment insurance for the period in which such worker is receiving a wage adjustment assistance under this section4 7,c7 ,payments 7i7 ,amounts ,payments under this subsection shall be provided to an individual in an amount which1 for each month during an applicable period1 is equal to-- 7,i7 the average amount of monthly remuneration for employment paid to such individual during the #ab-month period prior to the first month of total separation or partial separation identified in subparagraph 7,a77i72 minus 7,,ii7 an amount equal to the sum of-- 7aa7 any wages received by such individual with respect to employment during such month2 plus 7bb7 any payments made to such individual pursuant to a ,federal benefit program during such month4 7ii7 ,notification ,during the applicable period1 an eligible individual shall notify the ,secretary of ,labor or cooperating ,state agency1 if applicable1 with respect to any wages1 payments1 or compensation described in clause 7i77,,ii77aa74 7iii7 ,applicable period ,for purposes of this subsection1 the term applicable period means1 with respect to an individual receiving assistance under this subsection1 the #cf-month period subsequent to the first month of total separation or partial separation identified in subparagraph 7,a77i74 7iv7 ,frequency ,any payment to an eligible individual under this subsection shall be provided on a basis which is not less frequent than once per month during the applicable period4 7v7 ,adjustment for inflation ,in the case of a calendar year beginning after the date that the employment of an eligible individual is terminated1 the dollar amount of the payment determined under subsection 7a7 shall be increased by an amount equal to-- 7,i7 such dollar amount1 multiplied by 7,,ii7 the cost-of-living adjustment determined under section #a7;f77#c7 of the ,internal ,revenue ,code of #aihf for such calendar year1 determined by substituting calendar year #bjbc for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 7vi7 ,tax treatment ,for purposes of the ,internal ,revenue ,code of #aihf1 the amount of any payment provided to a qualified individual under this subsection shall be included in gross income and treated as wages 7as defined in section #caba7;a7 of such ,code74 7#d7 ,administration absent state agreement ,for any ,state where there is no agreement in force between a ,state or its agency under paragraph 7#a71 the ,secretary of ,labor shall promulgate regulations for the performance of all necessary functions under this subsection4 7f7 ,other assistance 7#a7 ,health insurance continuation ,not later than #a year after the date of enactment of this section1 the ,secretary of ,labor shall prescribe regulations to provide1 for a period of no longer than #cf months1 #hj percent of the monthly premium of any health insurance coverage that an adversely affected worker who is covered by a certification published pursuant to subsection 7d7 was receiving through such worker's employer prior to the separation from employment1 to be paid to any health care insurance plan designated by the adversely affected worker receiving assistance under this section4 7#b7 ,educational benefits ,the ,secretary of ,labor1 in consultation with the ,secretary of ,education1 shall carry out a program of educational assistance for any eligible adversely affected worker who is covered by a certification published pursuant to subsection 7d7 and child of such worker that is comparable to the program of education assistance administered by the ,secretary of ,veterans ,affairs under chapter #cc of title #ch1 ,united ,states ,code1 except that an eligible worker1 and each child of such worker1 may receive the educational assistance provided under the program4 7#c7 ,employment services and training ,the ,secretary of ,labor shall provide1 directly or through agreements with the ,states similar to agreements described in subsection 7e71 to adversely affected workers covered by a certification under this section information related to1 and1 when appropriate1 facilitate enrollment in-- 7,a7 training1 employment counseling1 employment opportunities1 and placement services for adversely affected workers1 available in local and regional areas1 including information on how to apply for such training and services2 7,b7 training programs and other services provided by a ,state pursuant to title ,i of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caaa et seq47 and available in local and regional areas1 including information on how to apply for such training2 7,c7 educational opportunities and information related to financial aid1 including referring workers to educational opportunity centers described in section #djb;,f of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a-#af72 7,d7 short-term prevocational services1 including development of learning skills1 communications skills1 interviewing skills1 personal maintenance skills1 and professional conduct to prepare individuals for employment or training2 and 7,e7 support services in local and regional areas1 including services related to childcare1 personal counseling 7including substance abuse treatment1 suicide prevention1 and mental health care71 family counseling1 bankruptcy and financial counseling1 transportation1 dependent care1 housing assistance1 and need-related payments4 7g7 ,fraud and recovery of overpayments 7#a7 ,recovery of payments to which an individual was not entitled ,if the ,secretary of ,labor or a court of competent jurisdiction determines that any person has received any payment under this section to which the individual was not entitled1 such individual shall be liable to repay such amount to the ,secretary of ,labor or to the ,state that made such payment pursuant to an agreement under subsection 7e71 except that the ,secretary of ,labor or such ,state may waive such repayment if the ,secretary or the ,state determines that-- 7,a7 the payment was made without fault on the part of such individual2 and 7,b7 requiring such repayment would cause a financial hardship for the individual 7or the individual's household1 if applicable7 when taking into consideration the income and resources reasonably available to the individual 7or household7 and other ordinary living expenses of the individual 7or household74 7#b7 ,means of recovery ,unless an overpayment is otherwise recovered1 or waived under paragraph 7#a71 the ,secretary of ,labor shall recover the overpayment by deductions from any sums payable to such person under this section1 under any ,federal unemployment compensation law1 or other ,federal law administered by the ,secretary of ,labor which provides for the payment of assistance with respect to unemployment4 ,any amount recovered under this section shall be returned to the ,treasury of the ,united ,states4