[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1917 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 1917

    To amend the Clean Air Act to provide for the establishment of 
  standards to limit the carbon intensity of the fuel used by certain 
                    vessels, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 8, 2023

 Mr. Padilla (for himself, Mr. Welch, Mr. Whitehouse, Mr. Booker, and 
Mrs. Feinstein) 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 provide for the establishment of 
  standards to limit the carbon intensity of the fuel used by certain 
                    vessels, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clean Shipping Act of 2023''.

SEC. 2. MARINE ZERO GREENHOUSE GAS FUEL STANDARD.

    The Clean Air Act is amended by inserting after section 212 (42 
U.S.C. 7546) the following:

``SEC. 212A. MARINE ZERO GREENHOUSE GAS FUEL STANDARD.

    ``(a) Marine Vessel Fuel Carbon Intensity Standards.--
            ``(1) Standards.--The Administrator shall, by regulation 
        and except as provided in paragraph (3), require each vessel on 
        a covered voyage to comply with standards for the carbon 
        intensity of the fuel used by that vessel so that the carbon 
        intensity is--
                    ``(A) in each of calendar years 2027 through 2029, 
                at least 20 percent less than the carbon intensity 
                baseline;
                    ``(B) in each of calendar years 2030 through 2034, 
                at least 45 percent less than the carbon intensity 
                baseline;
                    ``(C) in each of calendar years 2035 through 2039, 
                at least 80 percent less than the carbon intensity 
                baseline; and
                    ``(D) in calendar year 2040 and each calendar year 
                thereafter, 100 percent less than the carbon intensity 
                baseline.
            ``(2) Promulgation of standards.--The Administrator shall 
        finalize--
                    ``(A) the standard required by paragraph (1)(A) by 
                not later than January 1, 2026; and
                    ``(B) the standards required by each of 
                subparagraphs (B) through (D) of paragraph (1) by not 
                later than 2 years before the respective standard goes 
                into effect.
            ``(3) Technological or economic feasibility.--
                    ``(A) In general.--If the Administrator determines 
                that a reduction in carbon intensity required under 
                paragraph (1) is not technologically or economically 
                feasible by the applicable deadline under that 
                paragraph, the Administrator, in lieu of promulgating 
                the standard otherwise required by that paragraph, 
                shall promulgate a standard that will achieve the 
                maximum reduction in the carbon intensity of the fuel 
                used by vessels on covered voyages that is 
                technologically and economically feasible by the 
                applicable deadline.
                    ``(B) Considerations.--In determining technological 
                and economic feasibility for purposes of subparagraph 
                (A), the Administrator shall take into account the net 
                reduction of emissions of greenhouse gases and 
                potential adverse impacts on public health, safety, and 
                the environment, including with respect to air quality, 
                water quality, and the generation and disposal of solid 
                waste.
            ``(4) Harmonization with international standards.--If the 
        Administrator determines that standards mandated by the 
        International Maritime Organization for reduction of the carbon 
        intensity of fuel used by vessels for a calendar year are equal 
        to or more stringent than the standards under paragraph (1) for 
        that calendar year, the Administrator may adopt those 
        standards.
            ``(5) Exemption.--Any vessel that is on covered voyages for 
        30 days or fewer during a calendar year shall be exempt from 
        the standards promulgated under this subsection for that year.
            ``(6) Common ownership or control.--For purposes of 
        determining compliance with any standard established under this 
        subsection, the Administrator may allow the carbon intensity of 
        the fuels used by vessels under common ownership or control to 
        be averaged.
            ``(7) Overcompliance.--The Administrator may allow vessels 
        to credit overcompliance with any standard established under 
        this subsection towards demonstrating compliance with any 
        future standard under this subsection.
    ``(b) Monitoring and Reporting.--
            ``(1) List of methods.--
                    ``(A) In general.--The Administrator shall develop 
                a list of acceptable methods for monitoring and 
                reporting compliance with the standards established 
                under subsection (a).
                    ``(B) Consistency of methods.--The Administrator, 
                to the maximum extent practicable, shall ensure the 
                consistency of the methods included in the list 
                required under subparagraph (A) with similar reporting 
                schemes developed by the European Union and the 
                International Maritime Organization.
            ``(2) Annual reporting requirements.--For each calendar 
        year, a vessel shall report to the Administrator--
                    ``(A) the carbon intensity of the fuel used for 
                each covered voyage;
                    ``(B) the amount of fuel used for each covered 
                voyage; and
                    ``(C) the total greenhouse gas emissions measured 
                in carbon dioxide equivalent for all covered voyages.
            ``(3) Annual report.--Not later than 180 days after the end 
        of each annual reporting period under paragraph (2), the 
        Administrator, in consultation with the Secretary of 
        Transportation and the Commandant of the Coast Guard, shall 
        publish a report that--
                    ``(A) compiles the data reported under paragraph 
                (2); and
                    ``(B) includes an explanation intended to 
                facilitate public understanding of--
                            ``(i) the carbon dioxide equivalent 
                        emissions of vessels on covered voyages; and
                            ``(ii) the carbon intensity of fuels used 
                        by those vessels.
    ``(c) Enforcement.--The standards established under subsection (a) 
and the annual reporting requirements of subsection (b)(2) shall be 
considered an emission standard or limitation for purposes of section 
304(a)(1).
    ``(d) Definitions.--In this section:
            ``(1) Carbon dioxide equivalent.--The term `carbon dioxide 
        equivalent' means the number of metric tons of carbon dioxide 
        emissions with the same global warming potential as 1 metric 
        ton of another greenhouse gas, as calculated using Equation A-1 
        in section 98.2(b) of title 40, Code of Federal Regulations (as 
        in effect on the date of enactment of this section).
            ``(2) Carbon intensity.--The term `carbon intensity' means 
        the quantity of lifecycle greenhouse gas emissions per unit of 
        fuel energy, expressed in grams of carbon dioxide equivalent 
        per megajoule.
            ``(3) Carbon intensity baseline.--The term `carbon 
        intensity baseline' means the average carbon intensity of the 
        fuel used by all vessels on covered voyages in calendar year 
        2024.
            ``(4) Covered voyage.--The term `covered voyage' means any 
        voyage of a vessel for the purpose of transporting passengers 
        or cargo for commercial purposes--
                    ``(A) that is between any ports of call under the 
                jurisdiction of the United States; or
                    ``(B) that is between a port of call under the 
                jurisdiction of the United States and a port of call 
                under the jurisdiction of a foreign country.
            ``(5) Greenhouse gas.--The term `greenhouse gas' means 
        carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, 
        perfluorocarbons, and sulfur hexafluoride.
            ``(6) Lifecycle greenhouse gas emissions.--The term 
        `lifecycle greenhouse gas emissions' has the meaning given the 
        term in section 211(o)(1).
            ``(7) Port of call.--The term `port of call' means the port 
        where a vessel stops to load or unload cargo or to embark or 
        disembark passengers.
            ``(8) Vessel.--The term `vessel' means a vessel of 400 
        gross tonnage or more.''.

SEC. 3. IN-PORT MARINE VESSEL ZERO EMISSION STANDARDS.

    Section 213 of the Clean Air Act (42 U.S.C. 7547) is amended by 
adding at the end the following:
    ``(e) In-Port Marine Vessel Zero Emission Standards.--
            ``(1) Standards.--Except as provided in paragraph (2) and 
        not later than January 1, 2026, the Administrator shall 
        promulgate (and from time to time revise) standards to 
        eliminate, by not later than January 1, 2030, emissions of 
        greenhouse gases and air pollutants for which air quality 
        criteria have been issued under section 108 from vessels at 
        anchorage or at berth in the contiguous zone of the United 
        States (as described in Presidential Proclamation 7219 (43 
        U.S.C. 1331 note; 64 Fed. Reg. 48701, 49844)).
            ``(2) Exception.--If the Administrator determines that 
        standards required by paragraph (1) are not technologically or 
        economically feasible, the Administrator shall promulgate 
        standards that achieve the maximum reduction of the emissions 
        described in that paragraph from the vessels described in that 
        paragraph that is technologically and economically feasible.
            ``(3) Considerations.--In determining technological and 
        economic feasibility under paragraph (2), the Administrator 
        shall take into account the net reduction of emissions of 
        greenhouse gases, the net reduction of emissions of air 
        pollutants for which air quality criteria have been issued 
        under section 108, and potential adverse impacts on public 
        health, safety, and the environment, including with respect to 
        air quality, water quality, and the generation and disposal of 
        solid waste.''.
                                 <all>