Sec. 203. Sense of Congress regarding ratification of the Kigali Amendment to the Montreal Protocol
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Congress finds the following: The chemical refrigerant alternative, hydrofluorocarbon (HFC), and its chemical derivatives identified in Annex F of the Montreal Protocol on Substances that Deplete the Ozone Layer, done at Montreal September 16, 1987, which replaced hydrochlorofluorocarbon
(HCFC)and chlorofluorocarbon (CFC), are short-lived and highly potent greenhouse gases. Some HFCs are 4,000 times more potent greenhouse gases than carbon dioxide. The expansion of mass production and worldwide use of HFCs have significantly contributed to the recent worsening of the global climate crisis. In October 15, 2016, the parties at the 28th Meeting of Parties to the Montreal Protocol, with the support of the United States, adopted an amendment (referred to in the Act as the Kigali Amendment ) to the Montreal Protocol to globally phase down the production and application of hydrofluorocarbons, most commonly used as refrigerants in air conditioners and for cold storage. The Kigali Amendment calls for parties to cut the production and consumption of HFCs by more than 80 percent during a 30-year period— to eliminate an estimated 80,000,000,000 metric tons of carbon dioxide equivalent emissions by 2050; and to avoid up to 0.5 degree Celsius warming by the end of the century, while continuing to protect the ozone layer. United States ratification of the Kigali Amendment will require the advice and consent of the Senate. There is broad bipartisan support for the Kigali Amendment in the Senate, as evidenced by a letter sent by 13 Republican senators to the President on June 4, 2018, urging the President to submit the Kigali Amendment to the Senate for advice and consent. The Environmental Protection Agency received sufficient domestic legal authority to comply with the international obligations of the Kigali Amendment under title II of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2021 (division G of Public Law 116–260 ), which was enacted on December 27, 2020. As of the date of the introduction of the Act, the President has not submitted the Kigali Amendment to the Senate for advice and consent and the United States Government has neither ratified nor implemented policies to comply with the Kigali Amendment. The Kigali Amendment, which has been ratified by 100 parties, entered into force on January 1, 2019. Adoption of the Kigali Amendment and United States ratification of and compliance with the Kigali Amendment is supported broadly by affected industry stakeholders and environmental public interest organizations. Industries in the United States that use and produce fluorocarbons— contribute more than $158,000,000,000 annually in goods and services to the economy of the United States; and employ more than 700,000 individuals, with an annual industry-wide payroll of more than $32,000,000,000. Foreign competitors to United States chemical refrigerant and refrigeration equipment based and operating in countries that have ratified the Kigali Amendment and are implementing policies in compliance with the Kigali Amendment are gaining an advantage on United States based industries in the manufacturing and used of next-generation chemicals and equipment. The United States ratification of the Kigali Amendment— would support and promote the technological leadership of the United States industries to lead global production and marketing of replacement refrigerants and equipment in compliance with the Kigali Amendment; and according to industry analysis, would potentially create approximately 33,000 new manufacturing jobs in the United States and add approximately $12,500,000,000 per year to the economy of the United States. It is the sense of Congress that— the President should immediately submit the Kigali Amendment to the Senate for advice and consent; and the Senate should promptly provide its advice and consent on the Kigali Amendment.
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Sec. 203
Sense of Congress regarding ratification of the Kigali Amendment to the Montreal Protocol
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