Sec. 101. Carbon pollution fee
1,214 words·~6 min read·
/bill/113/s/332/is/section-101A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Title I of the Clean Air Act ( 42 U.S.C. 7401 et seq. ) is amended by adding at the end the following: In this part: The term carbon polluting substance means coal (including lignite and peat), petroleum and any petroleum product, or natural gas that— when combusted or otherwise used, will release greenhouse gas emissions; and is— extracted, manufactured, or produced in the United States; or imported into the United States for consumption, use, or warehousing. The term carbon pollution-intensive good means a good that is (as identified by the Administrator, by rule)— iron, steel, a steel mill product (including pipe and tube), aluminum, cement, glass (including flat, container, and specialty glass and fiberglass), pulp, paper, a chemical, or an industrial ceramic; any other manufactured product that the Administrator determines— is transferred for purposes of further manufacture; and generates, in the course of the manufacture of the product, direct and indirect greenhouse gas emissions that are comparable (on an emissions-per-dollar of output basis) to emissions generated in the manufacture or production of a product identified in subparagraph (A); or a manufactured item— in which 1 or more products identified in subparagraph
(A)or
(B)are inputs; and the cost of production of which in the United States is significantly increased by the imposition of a fee under this part. The term first calendar year means the earlier of— calendar year 2014; or the first calendar year beginning at least 180 days after the date of enactment of this part. The term substantially equivalent measure means a fee or other regulatory requirement that imposes a cost on manufacturers of carbon pollution-intensive goods located outside the United States approximately equal to the cost imposed by the fee under this part on manufacturers of comparable carbon pollution-intensive goods located in the United States. The term 12th calendar year means the calendar year beginning 12 years after the first calendar year. The Administrator shall impose on any manufacturer, producer, or importer of a carbon polluting substance a fee in accordance with this section. The amount of the carbon pollution fee imposed under subsection
(a)on any carbon polluting substance shall be assessed per ton of carbon dioxide content (including carbon dioxide equivalent content of methane) of the carbon polluting substance, as determined by the Administrator, in consultation with the Secretary of Energy. In the case of a fraction of a ton of a carbon polluting substance, the fee imposed under subsection
(a)shall be the same fraction of the amount of the fee imposed on a whole ton of the carbon polluting substance. For purposes of paragraph (1), the amount of the fee shall be— for the first calendar year, $20; for each calendar year occurring after the first calendar year and before the 12th calendar year, an amount equal to the sum of— the amount in effect under this paragraph for the preceding calendar year; and the product (rounded to the nearest dollar) obtained by multiplying— the amount described in clause (i); and 5.6 percent; and for the 12th calendar year and any calendar year thereafter, the amount in effect under this paragraph for the preceding calendar year. No fee shall be imposed under subsection
(a)with respect to a carbon polluting substance if the person that would be liable for the fee establishes that a prior fee imposed under that subsection has been imposed with respect to that carbon polluting substance. No fee shall be imposed against a person under subsection
(a)for a calendar year if during that calendar year, in accordance with such regulations as the Administrator may prescribe— the person uses a carbon polluting substance as a feedstock so that the carbon associated with that carbon polluting substance will not be emitted; a fee under subsection
(a)was paid with respect to another carbon polluting substance that is used by the person in the manufacture or production of the applicable carbon polluting substance; or the carbon polluting substance is exported. The Administrator shall impose a carbon equivalency fee on imports of carbon pollution-intensive goods that shall be equivalent to the cost that domestic producers of comparable carbon pollution-intensive goods incur as a result of— fees paid by manufacturers, producers, and importers of carbon polluting substances under this part; and carbon equivalency fees paid by importers of carbon pollution-intensive goods used in the production of the relevant comparable carbon pollution-intensive goods. The amount of the carbon equivalency fee under paragraph
(1)shall be— determined annually; and differentiated by classes of products and country of origin, taking into account the quantity of greenhouse gas emissions released during the process of manufacturing the carbon pollution-intensive goods and transporting the carbon pollution-intensive goods from the country of origin. The Administrator shall provide for a process for petitioning for adjustment to any fees determined under this subsection. For each applicable fiscal year, the Secretary of the Treasury shall transfer to the Administrator and the Secretary of Transportation an amount equal to 50 percent each of the amounts received during the preceding fiscal year as a result of the carbon equivalency fee imposed under subsection (a), without further appropriation. The Administrator, in consultation with the Secretary of Agriculture, the Secretary of the Interior, and the Secretary of State, shall use the amounts transferred under paragraph (1)— as a primary purpose, to provide amounts to State and local programs that assist communities in— adapting to climate change; improving the resiliency of critical infrastructure; and protecting environmental quality and wildlife; and as a secondary purpose, to meet international commitments made by the United States to assist with climate change adaptation. The Secretary of Transportation shall use the amounts transferred under paragraph
(1)to provide amounts— to State and local programs that assist communities in improving the resiliency of critical infrastructure; and for projects that provide preferential parking for carpools, including the addition of electric vehicle charging stations, subject to the condition that the primary purpose of the facilities is the reduction of vehicular traffic on nearby Federal-aid highways. This section shall cease to have effect at such time as, and to the extent that— in the case of countries of export that adopt and ratify an international agreement requiring countries that emit greenhouse gases and produce carbon pollution-intensive goods for international markets to adopt equivalent measures, the international agreement comes into effect; or the country of export has implemented substantially equivalent measures, as certified by the President of the United States; and the actions provided under subsection
(a)are no longer appropriate, as determined by the Administrator. Not later than 5 years after the date of enactment of this part, the Administrator shall submit to Congress a report that includes recommendations for— the administration of the carbon pollution fee program under this part for calendar years beginning after the 12th calendar year, including a schedule for establishing the amount of the fee for those subsequent calendar years; and future investments to reduce greenhouse gas emissions and provide resources for climate change adaptation. . Title IV of the Clean Air Act (relating to noise pollution) ( 42 U.S.C. 7641 et seq. ) is— amended by redesignating sections 401 through 403 as sections 701 through 703, respectively; and redesignated as title VII and moved to appear at the end of that Act.
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources