II 110th CONGRESS 1st Session S. 317 IN THE SENATE OF THE UNITED STATES January 17, 2007 Mrs. Feinstein (for herself and Mr. Carper) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Clean Air Act to establish a program to regulate the emission of greenhouse gases from electric utilities.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Electric Utility Cap and Trade Act of 2007. (b)

Table of contents

The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Global Climate Change Sec. 101. Global climate change. TITLE VII—Global Climate Change Sec. 701. Definitions. Subtitle A—Stopping and reversing greenhouse gas emissions Sec. 711. Regulations; greenhouse gas tonnage limitation. Sec. 712. Scientific review of the safe climate level. Sec. 713. Required review of emission reductions needed to maintain the safe climate level. Sec. 714. Distribution of allowances between auctions and allocations; nature of allowances. Sec. 715. Auction of allowances. Sec. 716. Allocation of allowances. Sec. 717. Climate Action Trust Fund. Sec. 718. Early reduction credits. Sec. 719. Recognition and use of international credits. Sec. 720. Avoiding significant economic harm. Sec. 721. Use and transfer of credits. Sec. 722. Compliance and enforcement. Subtitle B—Offset credits Sec. 731. Outreach initiative on revenue enhancement for agricultural producers. Sec. 732. Offset measurement for agricultural, forestry, wetlands, and other land use-related sequestration projects. Sec. 733. Categories of agricultural offset practices. Sec. 734. Offset credits from forest management, grazing management, and wetlands management. Sec. 735. Offset credits from the avoided conversion of forested land or wetland. Sec. 736. Offset credits from greenhouse gas emissions reduction projects. Sec. 737. Borrowing at program start-up based on contracts to purchase offset credits. Sec. 738. Review and correction of accounting for offset credits. Subtitle C—National Registry for Credits Sec. 741. Establishment and operation of national registry. Sec. 742. Monitoring and reporting. TITLE II—Climate Change Research Initiatives Sec. 201. Research grants through National Science Foundation. Sec. 202. Abrupt climate change research. Sec. 203. Development of new measurement technologies. Sec. 204. Technology development and diffusion. Sec. 205. Public land. Sec. 206. Sea level rise from polar ice sheet melting.

. (b)

Conforming amendments

(1)

Federal enforcement

Section 113 of the Clean Air Act (42 U.S.C. 7413) is amended— (A)in subsection (a)(3), by striking or title VI, and inserting title VI, or title VII,; (B)in subsection (b)— (i)by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting the subparagraphs appropriately; (ii)by striking The Administrator shall and inserting the following: (1)

In general

The Administrator shall ; (iii)in paragraph (1) (as designated by clause (ii)), in the matter preceding subparagraph (A) (as redesignated by clause (i)), by striking or a major stationary source and inserting a major stationary source, or an affected unit under title VII; and (iv)in subparagraph (B) (as redesignated by clause (i)), by striking or title VI and inserting title VI, or title VII; (v)in the matter following subparagraph (C) of paragraph (1) (as designated by clauses (i) and (ii))— (I)by striking Any action and inserting the following: (2)

Judicial enforcement

(A)

In general

Any action ; (II)by striking Notice and inserting the following: (B)

Notice

Notice ; and (III)by striking In the case and inserting the following: (C)

Actions brought by Administrator

In the case ; (C)in subsection (c)— (i)in the first sentence of paragraph (1), by striking or title VI (relating to stratospheric ozone control), and inserting title VI (relating to stratospheric ozone control), or title VII (relating to global warming pollution emission reductions),; and (ii)in the first sentence of paragraph (3), by striking or VI and inserting VI, or VII; (D)in subsection (d)(1)(B), by striking or VI and inserting VI, or VII; and (E)in subsection (f), in the first sentence, by striking or VI and inserting VI, or VII. (2)

Inspections, monitoring, and entry

Section 114(a) of the Clean Air Act (42 U.S.C. 7414(a)) is amended by striking section 112, and all that follows through (ii) and inserting the following: section 112, any regulation of solid waste combustion under section 129, or any regulation of greenhouse gas emissions under title VII, (ii). (3)

Administrative proceedings and judicial review

Section 307 of the Clean Air Act (42 U.S.C. 7607) is amended— (A)in subsection (a), by striking , or section 306 and inserting section 306, or title VII; (B)in subsection (b)(1)— (i)by striking section 111,, and inserting section 111,; (ii)by striking section 120, each place it appears and inserting section 120, any action under title VII,; and (iii)by striking 112,, and inserting 112,; and (C)in subsection (d)(1)— (i)by striking subparagraph (S); (ii)by redesignating the second subparagraph (N) and subparagraphs (O) through (R) as subparagraphs (O), (P), (Q), (R), and (S), respectively; (iii)by redesignating subparagraphs (T) and (U) as subparagraphs (U) and (V), respectively; and (iv)by inserting after subparagraph (S) (as redesignated by clause (ii)) the following: (T)the promulgation or revision of any regulation under title VII, . (4)

Unavailability of emissions data

Section 412(d) of the Clean Air Act (42 U.S.C. 7651k(d)) is amended in the first sentence— (A)by inserting or title VII after under subsection (a); and (B)by inserting or title VII after this title.