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  DISCUSSION DRAFT 111TH CONGRESS 1ST SESSION S. ll To create clean energy jobs, achieve energy independence, reduce global warming pollution, and transition to a clean energy economy. IN THE SENATE OF THE UNITED STATES llllllllll llllllllll introduced the following bill; which was read twice and referred to the Committee on llllllllll A BILL To create clean energy jobs, achieve energy independence, reduce global warming pollution, and transition to a clean energy economy. Be it enacted by the Senate and House of Representa tives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. <>   111TH CONGRESS 1ST SESSION S. ll To create clean energy jobs, promote energy independence, reduce global warming pollution, and transition to a clean energy economy. IN THE SENATE OF THE UNITED STATES llllllllll Mr. KERRY (for himself and Mrs. BOXER) introduced the following bill; which was read twice and referred to the Committee on llllllllll A BILL To create clean energy jobs, promote energy independence, reduce global warming pollution, and transition to a clean energy economy. Be it enacted by the Senate and House of Representa tives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the llllllllll 5 Act’’.   (a) SHORT TITLE.—This Act may be cited as the Clean Energy Jobs and American Power Act’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. International participation.    DIVISION A—AUTHORIZATIONS FOR POLLUTION REDUCTION, TRANSITION, AND ADAPTATION Sec. 101. Structure of Act. TITLE I—GREENHOUSE GAS REDUCTION PROGRAMS Subtitle A—Clean Transportation Sec. 111. Emission standards. PART B—MOBILE SOURCES Sec. 821. Greenhouse gas emission standards for mobile sources. Sec. 112. Greenhouse gas emission reductions through transportation efficiency. PART D—TRANSPORTATION EMISSIONS Sec. 841. Greenhouse gas emission reductions through transportation efficiency. Sec. 113. Transportation grant program. Sec. 114. Smartway transportation efficiency program. Sec. 822. SmartWay Transportation Efficiency Program. Subtitle B—Carbon Capture and Sequestration Sec. 121. National strategy. Sec. 122. Regulations for geological sequestration sites. Sec. 813. Regulations for geological sequestration sites. Sec. 123. Studies and reports. Sec. 124. Distribution of assistance for commercial deployment of carbon capture and sequestration. Sec. 125. Performance standards for coal-fueled power plants. Sec. 812. Performance standards for new coal-fired power plants. Sec. 126. Carbon capture and sequestration demonstration and early deployment program. Subtitle C—Nuclear and Advanced Technologies Sec. 131. Findings and policy. Sec. 132. Nuclear grants and programs. Sec. 133. Nuclear energy research and development programs. Subtitle D—Water Efficiency Sec. 141. WaterSense. Sec. 142. Federal procurement of water-efficient products. Sec. 143. State residential water efficiency and conservation incentives program. Subtitle E—Miscellaneous Sec. 151. Office of Consumer Advocacy. Sec. 152. Clean technology business competition grant program. Sec. 153. Product carbon disclosure program. Sec. 154. State recycling programs. Sec. 155. Supplemental agriculture greenhouse gas reduction and renewable energy program. Sec. 156. Economic Development Climate Change Fund.    Sec. 219. Economic Development Climate Change Fund. Sec. 157. Study of risk-based programs addressing vulnerable areas. Subtitle F—Energy Efficiency and Renewable Energy Sec. 161. Renewable energy. Sec. 162. Advanced biofuels. Sec. 163. Energy efficiency in building codes. Sec. 164. Retrofit for energy and environmental performance. Subtitle G—Emission Reductions From Public Transportation Vehicles Sec. 171. Short title. Sec. 172. State fuel economy regulation for taxicabs. Sec. 173. State regulation of motor vehicle emissions for taxicabs. Subtitle H—Clean Energy and Natural Gas Sec. 181. Clean Energy and Accelerated Emission Reduction Program. Sec. 182. Advanced natural gas technologies. TITLE II—RESEARCH Subtitle A—Energy Research Sec. 201. Advanced energy research. Subtitle B—Drinking Water Adaptation, Technology, Education, and Research Sec. 211. Effects of climate change on drinking water utilities. TITLE III—TRANSITION AND ADAPTATION Subtitle A—Green Jobs and Worker Transition PART 1—GREEN JOBS Sec. 301. Clean energy curriculum development grants. Sec. 302. Development of Information and Resources clearinghouse for vocational education and job training in renewable energy sectors. Sec. 303. Green construction careers demonstration project. PART 2—CLIMATE CHANGE WORKER ADJUSTMENT ASSISTANCE Sec. 311. Petitions, eligibility requirements, and determinations. Sec. 312. Program benefits. Sec. 313. General provisions. Subtitle B—Consumer Assistance Sec. 321. Strategic Interagency Board on International Climate Investment. Sec. 322. Emission reductions from reduced deforestation. PART V—SUPPLEMENTAL EMISSION REDUCTIONS Sec. 751. Definitions. Sec. 752. Purposes. Sec. 753. Emission reductions through reduced deforestation. Sec. 323. Assistance for clean technology activities.    Sec. 324. International climate change adaptation program. Sec. 325. Evaluation and reports. Sec. 326. Report on climate actions of major economies. Subtitle C—Adapting to Climate Change PART 1—DOMESTIC ADAPTATION SUBPART A—NA   (b) TABLE OF CONTENTS.—The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Economywide emission reduction goals. Sec. 4. Definitions.    DIVISION A—AUTHORIZATIONS FOR POLLUTION REDUCTION, TRANSITION, AND ADAPTATION Sec. 101. Structure of Act. TITLE I—GREENHOUSE GAS REDUCTION PROGRAMS Subtitle A—Clean Transportation Sec. 111. Emission standards. PART B—MOBILE SOURCES Sec. 821. Greenhouse gas emission standards for mobile sources. Sec. 112. Greenhouse gas emission reductions through transportation efficiency. PART C—TRANSPORTATION EMISSIONS Sec. 831. Greenhouse gas emission reductions through transportation efficiency. Sec. 113. Transportation greenhouse gas emission reduction program grants. Sec. 832. Transportation greenhouse gas emission reduction program grants. Sec. 114. Smartway transportation efficiency program. Sec. 822. SmartWay transportation efficiency program. Subtitle B—Carbon Capture and Sequestration Sec. 121. National strategy. Sec. 122. Regulations for geological sequestration sites. Sec. 813. Geological storage sites. Sec. 123. Studies and reports. Sec. 124. Performance standards for coal-fueled power plants. Sec. 812. Performance standards for new coal-fired power plants. Sec. 125. Carbon capture and sequestration demonstration and early deployment program. Subtitle C—Nuclear and Advanced Technologies Sec. 131. Findings and policy. Sec. 132. Nuclear worker training. Sec. 133. Nuclear safety and waste management programs. Subtitle D—Water Efficiency Sec. 141. WaterSense. Sec. 142. Federal procurement of water-efficient products. Sec. 143. State residential water efficiency and conservation incentives program. Subtitle E—Miscellaneous Sec. 151. Office of Consumer Advocacy. Sec. 152. Clean technology business competition grant program. Sec. 153. Product carbon disclosure program. Sec. 154. State recycling programs. Sec. 155. Supplemental agriculture and forestry greenhouse gas reduction and renewable energy program. Sec. 156. Economic Development Climate Change Fund.    Sec. 219. Economic Development Climate Change Fund. Sec. 157. Study of risk-based programs addressing vulnerable areas. Subtitle F—Energy Efficiency and Renewable Energy Sec. 161. Renewable energy. Sec. 162. Advanced biofuels. Sec. 163. Energy efficiency in building codes. Sec. 164. Retrofit for energy and environmental performance. Subtitle G—Emission Reductions From Public Transportation Vehicles Sec. 171. Short title. Sec. 172. State fuel economy regulation for taxicabs. Sec. 173. State regulation of motor vehicle emissions for taxicabs. Subtitle H—Clean Energy and Natural Gas Sec. 181. Clean Energy and Accelerated Emission Reduction Program. Sec. 182. Advanced natural gas technologies. TITLE II—RESEARCH Subtitle A—Energy Research Sec. 201. Advanced energy research. Subtitle B—Drinking Water Adaptation, Technology, Education, and Research Sec. 211. Effects of climate change on drinking water utilities. TITLE III—TRANSITION AND ADAPTATION Subtitle A—Green Jobs and Worker Transition PART 1—GREEN JOBS Sec. 301. Clean energy curriculum development grants. Sec. 302. Development of Information and Resources clearinghouse for vocational education and job training in renewable energy sectors. Sec. 303. Green construction careers demonstration project. PART 2—CLIMATE CHANGE WORKER ADJUSTMENT ASSISTANCE Sec. 311. Petitions, eligibility requirements, and determinations. Sec. 312. Program benefits. Sec. 313. General provisions. Subtitle B—International Climate Change Programs Sec. 321. Strategic Interagency Board on International Climate Investment. Sec. 322. Emission reductions from reduced deforestation. PART E—SUPPLEMENTAL EMISSION REDUCTIONS Sec. 751. Definitions. Sec. 752. Purposes. Sec. 753. Emission reductions from reduced deforestation. Sec. 323. International Clean Energy Deployment Program.    Sec. 324. International climate change adaptation and global security program. Sec. 325. Evaluation and reports. Sec. 326. Report on climate actions of major economies. Subtitle C—Adapting
TIONAL CLIMATE CHANGE ADAPTATION PROGRAM Sec. 341. National Climate Change Adaptation Program. Sec. 342. Climate services. SUBPART B—PUBLIC HEALTH AND CLIMATE CHANGE Sec. 351. Sense of Congress on public health and climate change. Sec. 352. Relationship to other laws. Sec. 353. National strategic action plan. Sec. 354. Advisory board. Sec. 355. Reports. Sec. 356. Definitions. SUBPART C—CLIMATE CHANGE SAFEGUARDS FOR NATURAL RESOURCES CONSERVATION Sec. 361. Purposes. Sec. 362. Natural resources climate change adaptation policy. Sec. 363. Definitions. Sec. 364. Council on Environmental Quality. Sec. 365. Natural Resources Climate Change Adaptation Panel. Sec. 366. Natural Resources Climate Change Adaptation Strategy. Sec. 367. Natural resources adaptation science and information. Sec. 368. Federal natural resource agency adaptation plans. Sec. 369. State natural resources adaptation plans. Sec. 370. Natural Resources Climate Change Adaptation Fund. Sec. 371. National Wildlife Habitat and Corridors Information Program. Sec. 372. Additional provisions regarding Indian tribes. SUBPART D—ADDITIONAL CLIMATE CHANGE ADAPTATION PROGRAMS Sec. 381. Water system mitigation and adaption partnerships. Sec. 382. Flood control, protection, prevention, and response. Sec. 383. Wildfire. Sec. 384. Coastal State adaptation program. DIVISION B—POLLUTION REDUCTION AND INVESTMENT TITLE I—REDUCING GLOBAL WARMING POLLUTION Subtitle A—Reducing Global Warming Pollution Sec. 101. Reducing global warming pollution. TITLE VII—GLOBAL WARMING POLLUTION REDUCTION AND INVESTMENT PROGRAM PART A—GLOBAL WARMING POLLUTION REDUCTION GOALS AND TARGETS Sec. 701. Findings.    Sec. 702. Economywide reduction goals. Sec. 703. Reduction targets for specified sources. Sec. 704. Supplemental pollution reductions. Sec. 705. Review and program recommendations. Sec. 706. National Academy review. Sec. 707. Presidential response and recommendations. PART B—DESIGNATION AND REGISTRATION OF GREENHOUSE GASES Sec. 711. Designation of greenhouse gases. Sec. 712. Carbon dioxide equivalent value of greenhouse gases. Sec. 713. Greenhouse gas registry. Sec. 714. Perfluorocarbon regulation. PART C—PROGRAM RULES Sec. 721. Emission allowances. Sec. 722. Prohibition of excess emissions. Sec. 723. Penalty for noncompliance. Sec. 724. Trading. Sec. 725. Banking and borrowing. Sec. 726. Strategic reserve. Sec. 727. Permits. Sec. 728. International emission allowances. PART D—OFFSETS Sec. 731. Offsets integrity advisory board. Sec. 732. Establishment of offsets program. Sec. 733. Eligible project types. Sec. 734. Requirements for offset projects. Sec. 735. Approval of offset projects. Sec. 736. Verification of offset projects. Sec. 737. Issuance of offset credits. Sec. 738. Audits. Sec. 739. Program review and revision. Sec. 740. Early offset supply. Sec. 741. Environmental considerations. Sec. 742. Trading. Sec. 743. Office of Offsets Integrity. Sec. 744. International offset credits. Sec. 102. Definitions. Sec. 700. Definitions. Sec. 103. Offset reporting requirements. Subtitle B—Disposition of Allowances Sec. 111. Disposition of allowances for global warming pollution reduction program. PART H—DISPOSITION OF ALLOWANCES Sec. 782. Allocation of emission allowances. Sec. 783. Electricity consumers. Sec. 784. Natural gas consumers. Sec. 785. Home heating oil and propane consumers. Sec. 786. Allocations to refineries.    Sec. 787. Consumer protection. Sec. 788. Exchange for State-issued allowances. Sec. 789. Auction procedures. Sec. 790. Auctioning allowances for other entities. Sec. 791. Commercial deployment of carbon capture and storage technologies. Sec. 792. Oversight of allocations. Sec. 793. Early action recognition. Sec. 794. Establishment of funds. Subtitle C—Additional Greenhouse Gas Standards Sec. 121. Greenhouse gas standards. TITLE VIII—ADDITIONAL GREENHOUSE GAS STANDARDS Sec. 801. Definitions. PART A—STATIONARY SOURCE STANDARDS Sec. 811. Standards of performance. Sec. 122. HFC regulation. Sec. 619. Hydrofluorocarbons (HFCs). Sec. 123. Black carbon. PART E—BLACK CARBON Sec. 851. B   to Climate Change PART 1—DOMESTIC ADAPTATION SUBPART A—NATIONAL CLIMATE CHANGE ADAPTATION PROGRAM Sec. 341. National Climate Change Adaptation Program. Sec. 342. Climate services. SUBPART B—PUBLIC HEALTH AND CLIMATE CHANGE Sec. 351. Sense of Congress on public health and climate change. Sec. 352. Relationship to other laws. Sec. 353. National strategic action plan. Sec. 354. Advisory board. Sec. 355. Reports. Sec. 356. Definitions. SUBPART C—CLIMATE CHANGE SAFEGUARDS FOR NATURAL RESOURCES CONSERVATION Sec. 361. Purposes. Sec. 362. Natural resources climate change adaptation policy. Sec. 363. Definitions. Sec. 364. Council on Environmental Quality. Sec. 365. Natural Resources Climate Change Adaptation Panel. Sec. 366. Natural Resources Climate Change Adaptation Strategy. Sec. 367. Natural resources adaptation science and information. Sec. 368. Federal natural resource agency adaptation plans. Sec. 369. State natural resources adaptation plans. Sec. 370. Natural Resources Climate Change Adaptation Account. Sec. 371. National Fish and Wildlife Habitat and Corridors Information Program. Sec. 372. Additional provisions regarding Indian tribes. SUBPART D—ADDITIONAL CLIMATE CHANGE ADAPTATION PROGRAMS Sec. 381. Water system mitigation and adaption partnerships. Sec. 382. Flood control, protection, prevention, and response. Sec. 383. Wildfire. Sec. 384. Coastal and Great Lakes State adaptation program. DIVISION B—POLLUTION REDUCTION AND INVESTMENT TITLE I—REDUCING GLOBAL WARMING POLLUTION Subtitle A—Reducing Global Warming Pollution Sec. 101. Reducing global warming pollution. TITLE VII—GLOBAL WARMING POLLUTION REDUCTION AND INVESTMENT PROGRAM PART A—GLOBAL WARMING POLLUTION REDUCTION GOALS AND TARGETS   Sec. 701. Findings. Sec. 702. Economywide reduction goals. Sec. 703. Reduction targets for specified sources. Sec. 704. Supplemental pollution reductions. Sec. 705. Review and program recommendations. Sec. 706. National Academy review. Sec. 707. Presidential response and recommendations. PART B—DESIGNATION AND REGISTRATION OF GREENHOUSE GASES Sec. 711. Designation of greenhouse gases. Sec. 712. Carbon dioxide equivalent value of greenhouse gases. Sec. 713. Greenhouse gas registry. Sec. 714. Perfluorocarbon regulation. PART C—PROGRAM RULES Sec. 721. Emission allowances. Sec. 722. Prohibition of excess emissions. Sec. 723. Penalty for noncompliance. Sec. 724. Trading. Sec. 725. Banking and borrowing. Sec. 726. Market Stability Reserve. Sec. 727. Permits. Sec. 728. International emission allowances. PART D—OFFSETS Sec. 731. Offsets Integrity Advisory Board. Sec. 732. Establishment of offsets program. Sec. 733. Eligible project types. Sec. 734. Requirements for offset projects. Sec. 735. Approval of offset projects. Sec. 736. Verification of offset projects. Sec. 737. Issuance of offset credits. Sec. 738. Audits. Sec. 739. Program review and revision. Sec. 740. Early offset supply. Sec. 741. Environmental considerations. Sec. 742. Trading. Sec. 743. Office of Offsets Integrity. Sec. 744. International offset credits. Sec. 102. Definitions. Sec. 700. Definitions. Sec. 103. Offset reporting requirements. Subtitle B—Disposition of Allowances Sec. 111. Disposition of allowances for global warming pollution reduction program. PART H—DISPOSITION OF ALLOWANCES Sec. 771. Allocation of emission allowances. Sec. 772. Electricity consumers. Sec. 773. Natural gas consumers. Sec. 774. Home heating oil and propane consumers.    Sec. 775. Domestic fuel production. Sec. 776. Consumer protection. Sec. 777. Exchange for State-issued allowances. Sec. 778. Auction procedures. Sec. 779. Auctioning allowances for other entities. Sec. 780. Commercial deployment of carbon capture and sequestration technologies. Sec. 781. Oversight of allocations. Sec. 782. Early action recognition. Sec. 783. Establishment of Deficit Reduction Fund. Subtitle C—Additional Greenhouse Gas Standards Sec. 121. Greenhouse gas standards. TITLE VIII—ADDITIONAL GREENHOUSE GAS STANDARDS Sec. 801. Definitions. PART A—STATIONARY SOURCE STANDARDS Sec. 811. Standards of performance. Sec
lack carbon. Sec. 124. States. Sec. 125. State programs. PART F—MISCELLANEOUS Sec. 861. State programs. Sec. 862. Grants for support of air pollution control programs. Sec. 126. Enforcement. Sec. 127. Conforming amendments. Sec. 128. Davis-Bacon compliance. Subtitle D—Carbon Market Assurance Sec. 131. TO BE SUPPLIED. TITLE II—PROGRAM ALLOCATIONS Sec. 201. Distribution of allowances for investment in clean vehicles. Sec. 202. Distribution of allowances to Indian tribes, States, local governments, metropolitan planning organizations, and renewable electricity generations. Sec. 203. Energy efficiency in building codes. Sec. 204. Building retrofit program. Sec. 205. Energy Innovation Hubs. Sec. 206. Advanced energy research. Sec. 207. International clean technology deployment. Sec. 208. International adaptation. Sec. 209. International clean technology deployment. Sec. 210. Green jobs and worker transition. Sec. 211. State programs addressing climate change and related impacts.   Sec. 212. Climate Change Health Protection and Promotion Fund. Sec. 213. Climate change safeguards for natural resources conservation. Sec. 214. Nuclear worker training. Sec. 215. Supplemental agriculture, renewable energy, and forestry. Sec. 216. Investment in energy efficiency and renewable energy. SEC. 2. FINDINGS. Congress finds that—   . 122. HFC regulation. Sec. 619. Hydrofluorocarbons (HFCs). Sec. 123. Black carbon. PART E—BLACK CARBON Sec. 851. Black carbon. Sec. 124. States. Sec. 125. State programs. PART F—MISCELLANEOUS Sec. 861. State programs. Sec. 862. Grants for support of air pollution control programs. Sec. 126. Enforcement. Sec. 127. Conforming amendments. Sec. 128. Davis-Bacon compliance. Subtitle D—Carbon Market Assurance Sec. 131. Carbon market assurance. Subtitle E—Ensuring Real Reductions in Industrial Emissions Sec. 141. Ensuring real reductions in industrial emissions. PART F—ENSURING REAL REDUCTIONS IN INDUSTRIAL EMISSIONS Sec. 761. Purposes. Sec. 762. Definitions. Sec. 763. Eligible industrial sectors. Sec. 764. Distribution of emission allowance rebates. Sec. 765. International trade. TITLE II—PROGRAM ALLOCATIONS Sec. 201. Investment in clean vehicle technology.    Sec. 202. State and local investment in energy efficiency and renewable energy. Sec. 203. Energy efficiency in building codes. Sec. 204. Building retrofit program. Sec. 205. Energy Innovation Hubs. Sec. 206. ARPA–E research. Sec. 207. International clean energy deployment program. Sec. 208. International climate change adaptation and global security. Sec. 209. Energy efficiency and renewable energy worker training. Sec. 210. Worker transition. Sec. 211. State programs for greenhouse gas reduction and climate adaptation. Sec. 212. Climate Change Health Protection and Promotion Fund. Sec. 213. Climate change safeguards for natural resources conservation. Sec. 214. Nuclear worker training. Sec. 215. Supplemental agriculture, renewable energy, and forestry. SEC. 2. FINDINGS. Congress finds that—
 (1) the United States can take back control of the energy future of the United States to strengthen economic competitiveness, safeguard the health of families and the environment, and ensure the na tional security, of the United States by increasing energy independence;    (1) the United States can take back control of the energy future of the United States, strengthen economic competitiveness, safeguard the health of families and the environment, and ensure the na tional security, of the United States by increasing energy independence;
(2) creating a clean energy future requires a comprehensive approach that includes support for the improvement of all energy sources, including coal, natural gas, nuclear power, and renewable gen eration; = (2) creating a clean energy future requires a comprehensive approach that includes support for the improvement of all energy sources, including coal, natural gas, nuclear power, and renewable gen eration;
(3) efficiency in the energy sector also rep resents a critical avenue to reduce energy consump tion and carbon pollution, and those benefits can be captured while generating additional savings for con sumers; <> (3) efficiency in the energy sector also rep resents a critical avenue to reduce energy consump tion and carbon pollution, and those benefits can be captured while generating additional savings for con sumers;   
(4) substantially increasing the investment in the clean energy future of the United States will provide economic opportunities to millions of people in the United States and drive future economic growth in this country;      (4) substantially increasing the investment in the clean energy future of the United States will provide economic opportunities to millions of people in the United States and drive future economic growth in this country;
 (5) the United States is responsible for many of the initial scientific advances in clean energy tech nology, but, as of the date of enactment of this Act, the United States has only 4 of the top 30 leading companies in solar, wind, and advanced battery tech nology;    (5) the United States is responsible for many of the initial scientific advances in clean energy tech nology, but, as of September 2009, the United States has only 5 of the top 30 leading companies in solar, wind, and advanced battery technology;
(6) investment in the clean energy sector will allow companies in the United States to retake a leadership position, and the jobs created by those in vestments will significantly accelerate growth in do mestic manufacturing; = (6) investment in the clean energy sector will allow companies in the United States to retake a leadership position, and the jobs created by those in vestments will significantly accelerate growth in do mestic manufacturing;
(7) those opportunities also will result in sub stantial employment gains in construction, a sector in which the median hourly wage is 17 percent high er than the national median;   (7) those opportunities also will result in sub stantial employment gains in construction, a sector in which the median hourly wage is 17 percent high er than the national median;
(8) those jobs are distributed throughout the United States, and the highest clean energy economy employment growth rates in the last 10 years were in the States of Idaho, Nebraska, South Dakota, Or egon, and New Mexico; <> (8) those jobs are distributed throughout the United States, and the highest clean energy economy employment growth rates in the last 10 years were in the States of Idaho, Nebraska, South Dakota, Or egon, and New Mexico;   
(9) focusing on clean energy will dramatically reduce pollution and significantly improve the health of families in and the environment of the United States;      (9) focusing on clean energy will dramatically reduce pollution and significantly improve the health of families in and the environment of the United States;
(10) moving to a low-carbon economy must pro tect the most vulnerable populations in the United States, including low-income families that are par ticularly affected by volatility in energy prices; = (10) moving to a low-carbon economy must pro tect the most vulnerable populations in the United States, including low-income families that are par ticularly affected by volatility in energy prices;
 (11) if unchecked, the impact of climate change will include widespread health effects, including— <>  (11) if unchecked, the impact of climate change will include widespread effects on health and welfare, including—
(A) increased outbreaks from waterborne diseases; = (A) increased outbreaks from waterborne diseases;
(B) more droughts;   (B) more droughts;
(C) diminished agricultural production;   (C) diminished agricultural production;
(D) severe storms and floods;   (D) severe storms and floods;
(E) heat waves;   (E) heat waves;
(F) wildfires; and   (F) wildfires; and
(G) a substantial rise in sea levels, due in part to—   (G) a substantial rise in sea levels, due in part to—
(i) melting mountain glaciers;   (i) melting mountain glaciers;
(ii) shrinking sea ice; and   (ii) shrinking sea ice; and
(iii) thawing permafrost; <> (iii) thawing permafrost;   
(12) the most recent science indicates that the changes described in paragraph (11)(G) are occur ring faster and with greater intensity than expected; = (12) the most recent science indicates that the changes described in paragraph (11)(G) are occur ring faster and with greater intensity than expected;
(13) military officials, including retired admi rals and generals, concur with the intelligence com munity that climate change acts as a threat multi   plier for instability and presents significant national security challenges for the United States; <> (13) military officials, including retired admi rals and generals, concur with the intelligence com munity that climate change acts as a threat multi plier for instability and presents significant national security challenges for the United States;
(14) massive portions of the infrastructure of the United States, including critical military infra structure, are at risk from the effects of climate change; = (14) massive portions of the infrastructure of the United States, including critical military infra structure, are at risk from the effects of climate change;
(15) impacts are already being felt in local com munities within the United States as well as by at risk populations abroad;   (15) impacts are already being felt in local com munities within the United States as well as by at risk populations abroad;
(16) the Declaration of the Leaders from the Major Economies Forum on Energy and Climate, representing 17 of the largest economies in the world, recognizes the need to limit the increase in global average temperatures to within 2 degrees Centigrade, as a necessary step to prevent the cata strophic consequences of climate change; and   (16) the Declaration of the Leaders from the Major Economies Forum on Energy and Climate, representing 17 of the largest economies in the world, recognizes the need to limit the increase in global average temperatures to within 2 degrees Centigrade, as a necessary step to prevent the cata strophic consequences of climate change; and
(17) the United States should lead the global community in combating the threat of global climate change and reaching a robust international agree ment to address global warming under the United Nations Framework Convention on Climate Change, done at New York on May 9, 1992 (or a successor agreement).    SEC. 3. ECONOMYWIDE EMISSION REDUCTION GOALS. The goals of this Act and the amendments made by this Act are to reduce steadily the quantity of United States greenhouse gas emissions such that— <> (17) the United States should lead the global community in combating the threat of global climate change and reaching a robust international agree   ment to address global warming under the United Nations Framework Convention on Climate Change, done at New York on May 9, 1992 (or a successor agreement). SEC. 3. ECONOMYWIDE EMISSION REDUCTION GOALS. The goals of this Act and the amendments made by this Act are to reduce steadily the quantity of United States greenhouse gas emissions such that—
(1) in 2012, the quantity of United States greenhouse gas emissions does not exceed 97 percent of the quantity of United States greenhouse gas emissions in 2005; = (1) in 2012, the quantity of United States greenhouse gas emissions does not exceed 97 percent of the quantity of United States greenhouse gas emissions in 2005;
(2) in 2020, the quantity of United States greenhouse gas emissions does not exceed 80 percent of the quantity of United States greenhouse gas emissions in 2005;   (2) in 2020, the quantity of United States greenhouse gas emissions does not exceed 80 percent of the quantity of United States greenhouse gas emissions in 2005;
(3) in 2030, the quantity of United States greenhouse gas emissions does not exceed 58 percent of the quantity of United States greenhouse gas emissions in 2005; and   (3) in 2030, the quantity of United States greenhouse gas emissions does not exceed 58 percent of the quantity of United States greenhouse gas emissions in 2005; and
(4) in 2050, the quantity of United States greenhouse gas emissions does not exceed 17 percent of the quantity of United States greenhouse gas emissions in 2005. SEC. 4. DEFINITIONS. In this Act: <> (4) in 2050, the quantity of United States greenhouse gas emissions does not exceed 17 percent of the quantity of United States greenhouse gas emissions in 2005.    SEC. 4. DEFINITIONS. In this Act:
(1) ADMINISTRATOR.—The term ‘‘Adminis trator’’ means the Administrator of the Environ mental Protection Agency.      (1) ADMINISTRATOR.—The term ‘‘Adminis trator’’ means the Administrator of the Environ mental Protection Agency.
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning given the term in section 302 of the Clean Air Act (42 U.S.C. 7602). = (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning given the term in section 302 of the Clean Air Act (42 U.S.C. 7602).
(3) STATE.—The term ‘‘State’’ has the mean ing given that term in section 302 of the Clean Air Act (42 U.S.C. 7602). DIVISION A—AUTHORIZATIONS FOR POLLUTION REDUCTION, TRANSITION, AND ADAPTA TION SEC. 101. STRUCTURE OF ACT.   (3) STATE.—The term ‘‘State’’ has the mean ing given that term in section 302 of the Clean Air Act (42 U.S.C. 7602). DIVISION A—AUTHORIZATIONS FOR POLLUTION REDUCTION, TRANSITION, AND ADAPTA TION SEC. 101. STRUCTURE OF ACT.
(a) ALLOCATED PROGRAMS.—The following pro grams authorized under this division are eligible to receive an allocation under title VII of the Clean Air Act: <> (a) AUTHORIZED AND ALLOCATED PROGRAMS.—The following programs authorized under this division are eli gible to receive an allocation under title VII of the Clean Air Act:
 (1) The program for greenhouse gas emission reductions through transportation efficiency under section 17 of this division.    (1) The program for greenhouse gas emission reductions through transportation efficiency under part C of title VIII the Clean Air Act (as added by sections 112 and 113 of this division).  
    (2) The program for nuclear worker training under section 132 of this division and 214 of divi sion B.
(2) The program for State and local investment in energy efficiency under section 19 of this di vision.   (3) State recycling programs under section  of this division and section 211 of division B.
    (4) The supplemental agriculture and forestry greenhouse gas reduction and renewable energy pro gram under section 155 of this division and section 215 of division B.
(3) The program for energy efficiency in building codes under section 22 of this division.   (5) The program for energy efficiency in build ing codes under section 163 of this division and sec tion 203 of division B.
(4) The program for retrofit for energy and environmental performance under section 24 of this division.      (6) The program for retrofit for energy and en vironmental performance under section 164 of this division and section 204 of division B.
(5) The program for nuclear worker training under section 2 of this division.   (7) The program for worker transition under part 2 of subtitle A of title III of this division and section 210 of division B.
(6) The program for agricultural greenhouse gas reductions under section 4 of this division.   (8) The program for public health and climate change under subpart B of part 1 of subtitle C of title III of this division and section 212 of division B.
    (9) The program for climate change safeguards for natural resources conservation under subpart C    of part 1 of subtitle C of title III of this division and section 213 of division B.
    (10) The program for emission reductions from reduced deforestation under section 753 of the Clean Air Act (as added by section 322 of this division) and section 771(d) of the Clean Air Act (as added by section 111 of division B.
(7) The Coastal State Adaptation Program under section 6 of this division.   (11) The International Clean Energy Deploy ment Program under section 323 of this division and section 207 of division B.
    (12) The international climate change adapta tion and global security program under 324 of this division and section 208 of division B.
(8) The program for water system mitigation and adaptation partnerships under section 8 of this division.   (13) The program for water system mitigation and adaptation partnerships under section 381 of this division and section 211 of division B.
    (14) The program for flood control, protection, prevention, and response under section 382 of this division and section 211 of division B.
(9) The program for wildfire under section lll 11 of this division.   (15) The program for wildfire under section 383 of this division and section 211 of division B.
    (16) The Coastal and Great Lakes State Adap tation Program under section 384 of this division and section 211 of division B.   
    (b) ALLOCATED PROGRAMS.—The following alloca tions are provided under title VII of the Clean Air Act:
    (1) The Market Stability Reserve Fund under section 726 of the Clean Air Act (as added by sec tion 101 of division B).
    (2) The program to ensure real reductions in industrial emissions under part F of title VII of the Clean Air Act (as added by section 141 of division B).
(10) The program for flood control, protection, prevention and response under section 13 of this division.   (3) The program for electricity consumers pur suant to section 772 of the Clean Air Act (as added by section 111 of division B).
(11) The program for international adaptation under section 16 of this division.   (4) The program for natural gas consumers pursuant to section 773 of the Clean Air Act (as added by section 111 of division B).
(12) The program for international clean technology deployment under section 18 of this divi sion.   (5) The program for home heating oil and pro pane consumers pursuant to section 774 of the Clean Air Act (as added by section 111 of division B).
    (6) The program for domestic fuel production, including petroleum refiners and small business re finers, under section 775 of the Clean Air Act (as added by section 111 of division B).
    (7) The program for climate change consumer refunds and low- and moderate-income consumers    pursuant to section 776 of the Clean Air Act (as added by section 111 of division B), including—
    (A) consumer rebates under section 776(a) of the Clean Air Act (as so added); and
    (B) energy refunds under section 776(b) of the Clean Air Act (as so added).
    (8) øThe program for commercial deployment of carbon capture and storage technology under sec tion 780 of the Clean Air Act (as added by section 111 of division B)¿.
(13) The program for supplemental reductions from reduced deforestation under section 21 of this division.   (9) The program for early action recognition pursuant to section 782 of the Clean Air Act (as added by section 111 of division B).
(14) The program for public health and climate change under section 24 of this division.     (10) The program for investment in clean vehi cle technology under section 201 of division B.
    (11) The program for State and local invest ment in energy efficiency and renewable energy under section 202 of division B.
    (12) The program for Energy Innovation Hubs pursuant to section 205 of division B.
    (13) The program for ARPA–E research pursu ant to section 206 of division B.
    (14) The program for energy efficiency and re newable energy worker training under section 209 of division B.   
(15) The program for climate change safe guards for natural resources conservation under section lll 3 of this division.   (15) The State programs for greenhouse gas re duction and climate adaptation pursuant to section 211 of division B.
(b) NONALLOCATED PROGRAMS.—The following pro grams are authorized under this division:   (c) NONALLOCATED PROGRAMS.—The following pro grams are authorized under this division:
 (1) The SmartWayTransportation Efficiency Program under section 7 of this division.    (1) The SmartWay Transportation Efficiency Program under section 822 of the Clean Air Act (as added by section 114 of this division).
 (2) The Carbon Capture and sequestration demonstration and early deployment program under section 10 of this division.    (2) The carbon capture and sequestration dem onstration and early deployment program under sec tion 125 of this division.
 (3) The program for nuclear waste research and development under section 12 of this divi sion.    (3) The nuclear safety and waste management programs under section 133 of this division.
(4) The Clean Energy and Accelerated Emission Reduction Program under section 15 of this division.   (4) Water efficiency programs under subtitle D of title I of this division.
 (5) The program for natural gas advanced tech nology research and development under section lll 19 of this division.    (5) The Office of Consumer Advocacy under section 151 of this division.
 (6) The Clean Technology Business Competition Grant Program under section 21 of this di vision.    (6) The clean technology business competition grant program under section 152 of this division.
 (7) The Product Carbon Disclosure Program under section 24 of this division.       (7) The product carbon disclosure program under section 153 of this division.
    (8) The Economic Development Climate Change Fund under section 219 of the Public Works and Economic Development Act of 1965 (as added by section 156 of this division).   
(8) The program for renewable energy under section 2 of this division.   (9) The program for renewable energy under section 161 of this division.
(9) The program for advanced biofuels under section 4 of this division.   (10) The program for advanced biofuels under section 162 of this division.
(10) The program for drinking water adapta tion, technology, education, and research under section lll 7 of this division.   (11) The program for emission reductions from public transportation vehicles under subtitle G of title I of this division.
(11) The program for clean energy curriculum development grants under section 9 of this di vision.   (12) The Clean Energy and Accelerated Emis sion Reduction Program under section 181 of this division.
(12) The Energy Worker Training Program under section 12 of this division.   (13) The program for advanced natural gas technologies under section 182 of this division.
    (14) The program for advanced energy research under subtitle A of title II of this division.
    (15) The program for drinking water adapta tion, technology, education, and research under sub title B of title II of this division.
(13) The Green Construction Careers Demonstration Project under section 14 of this divi sion.   (16) The program for clean energy curriculum development grants under section 301 of this divi sion.
    (17) The program for Development of Informa tion and Resources clearinghouse for vocational edu cation and job training in renewable energy sectors under section 302 of this division.   
(14) The Economic Development Climate Change Fund under section 17 of this division. TITLE I—GREENHOUSE GAS REDUCTION PROGRAMS Subtitle A—Clean Transportation SEC. 111. EMISSION STANDARDS. øTitle VIII of the Clean Air Act, as added by section 121 of division B, is amended by inserting after part A the following new part:¿   PART B—MOBILE SOURCES SEC. 821. GREENHOUSE GAS EMISSION STANDARDS FOR MOBILE SOURCES.   (18) The green construction careers demonstra tion project under section 303 of this division. TITLE I—GREENHOUSE GAS REDUCTION PROGRAMS Subtitle A—Clean Transportation SEC. 111. EMISSION STANDARDS. Title VIII of the Clean Air Act (as added by section 121 of division B) is amended by adding at the end the following: PART B—MOBILE SOURCES SEC. 821. GREENHOUSE GAS EMISSION STANDARDS FOR MOBILE SOURCES.
 (a) NEW MOTOR VEHICLES AND NEW MOTOR VE HICLE ENGINES.—(1) Pursuant to section 202(a)(1), by December 31, 2010, the Administrator shall promulgate standards applicable to emissions of greenhouse gases from new heavy-duty motor vehicles or new heavy-duty motor vehicle engines, excluding such motor vehicles cov ered by the Tier II standards (as established by the Ad ministrator as of the date of enactment of this section). The Administrator may revise these standards from time to time.    (a) NEW MOTOR VEHICLES AND NEW MOTOR VE HICLE ENGINES.—(1) Pursuant to section 202(a)(1), by December 31, 2010, the Administrator shall promulgate standards applicable to emissions of greenhouse gases from new heavy-duty motor vehicles or new heavy-duty motor vehicle engines, excluding such motor vehicles cov ered by the Tier II standards (as established by the Ad ministrator as of the date of the enactment of this sec tion). The Administrator may revise these standards from time to time.
(2) Regulations issued under section 202(a)(1) ap plicable to emissions of greenhouse gases from new heavy duty motor vehicles or new heavy-duty motor vehicle en gines, excluding such motor vehicles covered by the Tier II standards (as established by the Administrator as of the date of enactment of this section), shall contain stand ards that reflect the greatest degree of emission reduction achievable through the application of technology which the Administrator determines will be available for the model year to which such standards apply, giving appropriate consideration to cost, energy, and safety factors associated with the application of such technology. Any such regula tions shall take effect after such period as the Adminis   trator finds necessary to permit the development and ap plication of the requisite technology, and, at a minimum, shall apply for a period no less than 3 model years begin ning no earlier than the model year commencing 4 years after such regulations are promulgated.   (2) Regulations issued under section 202(a)(1) ap plicable to emissions of greenhouse gases from new heavy duty motor vehicles or new heavy-duty motor vehicle en   gines, excluding such motor vehicles covered by the Tier II standards (as established by the Administrator as of the date of the enactment of this section), shall contain standards that reflect the greatest degree of emissions re duction achievable through the application of technology which the Administrator determines will be available for the model year to which such standards apply, giving ap propriate consideration to cost, energy, and safety factors associated with the application of such technology. Any such regulations shall take effect after such period as the Administrator finds necessary to permit the development and application of the requisite technology, and, at a min imum, shall apply for a period no less than 3 model years beginning no earlier than the model year commencing  years after such regulations are promulgated.
(3) Regulations issued under section 202(a)(1) ap plicable to emissions of greenhouse gases from new heavy duty motor vehicles or new heavy-duty motor vehicle en gines, excluding such motor vehicles covered by the Tier II standards (as established by the Administrator as of the date of enactment of this section), shall supersede and satisfy any and all of the rulemaking and compliance re quirements of section 32902(k) of title 49, United States Code.   (3) Regulations issued under section 202(a)(1) ap plicable to emissions of greenhouse gases from new heavy duty motor vehicles or new heavy-duty motor vehicle en gines, excluding such motor vehicles covered by the Tier II standards (as established by the Administrator as of the date of the enactment of this section), shall supersede and satisfy any and all of the rulemaking and compliance requirements of section 32902(k) of title 49, United States Code.  
(4) Other than as specifically set forth in paragraph = (4) Other than as specifically set forth in paragraph
(3) of this subsection, nothing in this section shall affect or otherwise increase or diminish the authority of the Sec retary of Transportation to adopt regulations to improve the overall fuel efficiency of the commercial goods move ment system.   (3) of this subsection, nothing in this section shall affect or otherwise increase or diminish the authority of the Sec retary of Transportation to adopt regulations to improve the overall fuel efficiency of the commercial goods move ment system.
(b) NONROAD VEHICLES AND ENGINES.—(1) Pur suant to section 213(a)(4) and (5), the Administrator shall identify those classes or categories of new nonroad vehicles or engines, or combinations of such classes or cat egories, that, in the judgment of the Administrator, both    contribute significantly to the total emissions of green house gases from nonroad engines and vehicles, and pro vide the greatest potential for significant and cost-effective reductions in emissions of greenhouse gases. The Adminis trator shall promulgate standards applicable to emissions of greenhouse gases from these new nonroad engines or vehicles by December 31, 2012. The Administrator shall also promulgate standards applicable to emissions of greenhouse gases for such other classes and categories of new nonroad vehicles and engines as the Administrator de termines appropriate and in the timeframe the Adminis trator determines appropriate. The Administrator shall base such determination, among other factors, on the rel ative contribution of greenhouse gas emissions, and the costs for achieving reductions, from such classes or cat egories of new nonroad engines and vehicles. The Adminis trator may revise these standards from time to time. <> (b) NONROAD VEHICLES AND ENGINES.—(1) Pur suant to section 213(a)(4) and (5), the Administrator shall identify those classes or categories of new nonroad vehicles or engines, or combinations of such classes or cat egories, that, in the judgment of the Administrator, both contribute significantly to the total emissions of green house gases from nonroad engines and vehicles, and pro vide the greatest potential for significant and cost-effective reductions in emissions of greenhouse gases. The Adminis trator shall promulgate standards applicable to emissions of greenhouse gases from these new nonroad engines or vehicles by December 31, 2012. The Administrator shall also promulgate standards applicable to emissions of greenhouse gases for such other classes and categories of new nonroad vehicles and engines as the Administrator de termines appropriate and in the timeframe the Adminis trator determines appropriate. The Administrator shall base such determination, among other factors, on the rel ative contribution of greenhouse gas emissions, and the    costs for achieving reductions, from such classes or cat egories of new nonroad engines and vehicles. The Adminis trator may revise these standards from time to time.
(2) Standards under section 213(a)(4) and (5) ap plicable to emissions of greenhouse gases from those class es or categories of new nonroad engines or vehicles identi fied in the first sentence of paragraph (1) of this sub section, shall achieve the greatest degree of emission re duction achievable based on the application of technology which the Administrator determines will be available at the time such standards take effect, taking into consider   ation cost, energy, and safety factors associated with the application of such technology. Any such regulations shall take effect after such period as the Administrator finds necessary to permit the development and application of the requisite technology.   (2) Standards under section 213(a)(4) and (5) ap plicable to emissions of greenhouse gases from those class es or categories of new nonroad engines or vehicles identi fied in the first sentence of paragraph (1) of this sub section, shall achieve the greatest degree of emissions re duction achievable based on the application of technology which the Administrator determines will be available at the time such standards take effect, taking into consider ation cost, energy, and safety factors associated with the application of such technology. Any such regulations shall take effect at the earliest possible date after such period as the Administrator finds necessary to permit the devel opment and application of the requisite technology, giving appropriate consideration to the cost of compliance within such period, the applicable compliance dates for other standards, and other appropriate factors, including the pe riod of time appropriate for the transfer of applicable tech nology from other applications, including motor vehicles, and the period of time in which previously promulgated regulations have been in effect.
 (3) For purposes of this section and standards under section 213(a)(4) or (5) applicable to emissions of greenhouse gases, the term ‘nonroad engines and vehicles’ shall include non-internal combustion engines and the ve hicles these engines power (such as electric engines and electric vehicles), for those non-internal combustion en gines and vehicles which would be in the same category and have the same uses as nonroad engines and vehicles that are powered by internal combustion engines.    (3) For purposes of this section and standards under section 213(a)(4) or (5) applicable to emissions of    greenhouse gases, the term ‘nonroad engines and vehicles’ shall include non-internal combustion engines and the ve hicles these engines power (such as electric engines and electric vehicles), for those non-internal combustion en gines and vehicles which would be in the same category and have the same uses as nonroad engines and vehicles that are powered by internal combustion engines.
(c) AIRCRAFT AND AIRCRAFT ENGINES.—    
(1) Pursuant to section 231(a), the Adminis trator shall promulgate standards applicable to emis sions of greenhouse gases from new aircraft and new engines used in aircraft by December 31, 2012. Not withstanding any requirement in section 231(a), the Administrator, in consultation with the Adminis trator of the Federal Aviation Administration, shall also promulgate standards applicable to emissions of greenhouse gases from other classes and categories of aircraft and aircraft engines for such classes and    categories as the Administrator determines appro priate and in the timeframe the Administrator deter mines appropriate. The Administrator may revise these standards from time to time.    
(2) Standards under section 231(a) applicable to emissions of greenhouse gases from new aircraft and new engines used in aircraft, and any later revi sions or additional standards, shall achieve the greatest degree of emission reduction achievable based on the application of technology which the Ad ministrator determines will be available at the time such standards take effect, taking into consideration cost, energy, and safety factors associated with the application of such technology. Any such standards shall take effect after such period as the Adminis trator finds necessary to permit the development and application of the requisite technology.    
(d) AVERAGING, BANKING, AND TRADING OF EMIS SIONS CREDITS.—In establishing standards applicable to emissions of greenhouse gases pursuant to this section and sections 202(a), 213(a)(4) and (5), and 231(a), the Ad ministrator may establish provisions for averaging, bank ing, and trading of greenhouse gas emissions credits with in or across classes or categories of motor vehicles and motor vehicle engines, nonroad vehicles and engines (in   cluding marine vessels), and aircraft and aircraft engines, to the extent the Administrator determines appropriate and considering the factors appropriate in setting stand ards under those sections. Such provisions may include reasonable and appropriate provisions concerning genera tion, banking, trading, duration, and use of credits.   (c) AVERAGING, BANKING, AND TRADING OF EMIS SIONS CREDITS.—In establishing standards applicable to emissions of greenhouse gases pursuant to this section and sections 202(a), 213(a)(4) and (5), and 231(a), the Ad ministrator may establish provisions for averaging, bank ing, and trading of greenhouse gas emissions credits with in or across classes or categories of motor vehicles and motor vehicle engines, nonroad vehicles and engines (in cluding marine vessels), and aircraft and aircraft engines, to the extent the Administrator determines appropriate and considering the factors appropriate in setting stand ards under those sections. Such provisions may include reasonable and appropriate provisions concerning genera tion, banking, trading, duration, and use of credits.
(e) REPORTS.—The Administrator shall, from time to time, submit a report to Congress that projects the amount of greenhouse gas emissions from the transpor tation sector, including transportation fuels, for the years 2030 and 2050, based on the standards adopted under this section.   (d) REPORTS.—The Administrator shall, from time to time, submit a report to Congress that projects the amount of greenhouse gas emissions from the transpor tation sector, including transportation fuels, for the years    2030 and 2050, based on the standards adopted under this section.
(f) GREENHOUSE GASES.—Notwithstanding the provisions of section 711, hydrofluorocarbons shall be con sidered a greenhouse gas for purposes of this section.’’. SEC. 112. GREENHOUSE GAS EMISSION REDUCTIONS THROUGH TRANSPORTATION EFFICIENCY.   (e) GREENHOUSE GASES.—Notwithstanding the provisions of section 711, hydrofluorocarbons shall be con sidered a greenhouse gas for purposes of this section.’’. SEC. 112. GREENHOUSE GAS EMISSION REDUCTIONS THROUGH TRANSPORTATION EFFICIENCY.
(a) IN GENERAL.—øTitle VIII of the Clean Air Act, as added by section 121 of division B, is further amended by inserting after part C the following new part¿: PART D—TRANSPORTATION EMISSIONS SEC. 841. GREENHOUSE GAS EMISSION REDUCTIONS THROUGH TRANSPORTATION EFFICIENCY.   (a) ENVIRONMENTAL PROTECTION AGENCY.—Title VIII of the Clean Air Act (as amended by section  of this division) is amended by adding at the end the fol lowing: PART C—TRANSPORTATION EMISSIONS SEC. 831. GREENHOUSE GAS EMISSION REDUCTIONS THROUGH TRANSPORTATION EFFICIENCY.
(a) IN GENERAL.—The Administrator, in consulta tion with the Secretary of Transportation (referred to in    this part as the ‘Secretary’), shall promulgate, and update from time to time, regulations to establish—   (a) IN GENERAL.—The Administrator, in consulta tion with the Secretary of Transportation (referred to in this part as the ‘Secretary’), shall promulgate, and update from time to time, regulations to establish—
(1) national transportation-related greenhouse gas emission reduction goals that are commensurate with the emission reduction goals established under the ø llllll 6 Act¿ and amendments made by that Act;   (1) national transportation-related greenhouse gas emission reduction goals that are commensurate with the emission reduction goals established under the Clean Energy Jobs and American Power Act and amendments made by that Act;
(2) standardized emission models and related methods, to be used by States, metropolitan plan ning organizations, and air quality agencies to ad dress emission reduction goals, including—   (2) standardized emission models and related methods, to be used by States, metropolitan plan   ning organizations, and air quality agencies to ad dress emission reduction goals, including—
 (A) the development of surface transpor tation-related greenhouse gas emission reduc tion targets pursuant to sections 134 and  of title 23, and sections 5303 and 5304 of title 49, United States Code; =  (A) the development of surface transpor tation-related greenhouse gas emission reduc tion targets pursuant to sections 134 and  of title 23, and sections 5303 and 5304 of title 49, United States Code;
 (B) the assessment of projected surface transportation-related greenhouse gas emissions from transportation strategies;    (B) the assessment of projected surface transportation-related greenhouse gas emissions from transportation strategies;
 (C) the assessment of projected surface transportation-related greenhouse gas emissions from State and regional transportation plans;    (C) the assessment of projected surface transportation-related greenhouse gas emissions from State and regional transportation plans;
 (D) the establishment of surface trans portation-related greenhouse gas emission base   lines at a national, State, and regional level; and <>  (D) the establishment of surface trans portation-related greenhouse gas emission base lines at a national, State, and regional level; and
 (E) the measurement and assessment of actual surface transportation-related emissions to assess progress toward achievement of emis sion targets at the State and regional level; =  (E) the measurement and assessment of actual surface transportation-related emissions to assess progress toward achievement of emis sion targets at the State and regional level;
(3) methods for collection of data on transpor tation-related greenhouse gas emissions; and   (3) methods for collection of data on transpor tation-related greenhouse gas emissions; and
(4) publication and distribution of successful strategies employed by States, metropolitan planning organizations, and other entities to reduce transpor tation-related greenhouse gas emissions. <> (4) publication and distribution of successful strategies employed by States, metropolitan planning    organizations, and other entities to reduce transpor tation-related greenhouse gas emissions.
(b) ROLE OF DEPARTMENT OF TRANSPOR TATION.—The Secretary, in consultation with the Admin istrator, shall promulgate, and update from time to time, regulations— = (b) ROLE OF DEPARTMENT OF TRANSPOR TATION.—The Secretary, in consultation with the Admin istrator, shall promulgate, and update from time to time, regulations—
(1) to improve the ability of transportation planning models and tools, including travel demand models, to address greenhouse gas emissions;   (1) to improve the ability of transportation planning models and tools, including travel demand models, to address greenhouse gas emissions;
(2) to assess projected surface transportation related travel activity and transportation strategies from State and regional transportation plans; and   (2) to assess projected surface transportation related travel activity and transportation strategies from State and regional transportation plans; and
(3) to update transportation planning require ments and approval of transportation plans as nec essary to carry out this section.    <> (3) to update transportation planning require ments and approval of transportation plans as nec essary to carry out this section.
(c) CONSULTATION AND MODELS.—In promul gating the regulations, the Administrator and the Sec retary— = (c) CONSULTATION AND MODELS.—In promul gating the regulations, the Administrator and the Sec retary—
(1) shall consult with States, metropolitan planning organizations, and air quality agencies;   (1) shall consult with States, metropolitan planning organizations, and air quality agencies;
 (2) may use existing models and methodolo gies if the models and methodologies are widely con sidered to reflect the best practicable modeling or methodological approach for assessing actual and projected transportation-related greenhouse gas emissions from transportation plans and projects; and <>  (2) may use existing models and methodolo gies if the models and methodologies are widely con sidered to reflect the best practicable modeling or methodological approach for assessing actual and projected transportation-related greenhouse gas    emissions from transportation plans and projects; and
(3) shall consider previously developed plans that were based on models and methodologies for re ducing greenhouse gas emissions in applying those regulations to the first approvals after promulgation. = (3) shall consider previously developed plans that were based on models and methodologies for re ducing greenhouse gas emissions in applying those regulations to the first approvals after promulgation.
(d) TIMING.—The Administrator and the Secretary shall—   (d) TIMING.—The Administrator and the Secretary shall—
(1) publish proposed regulations under sub sections (a) and (b) not later than 1 year after the date of enactment of this section; and   (1) publish proposed regulations under sub sections (a) and (b) not later than 1 year after the date of enactment of this section; and
(2) promulgate final regulations under sub sections (a) and (b) not later than 18 months after the date of enactment of this section.   (2) promulgate final regulations under sub sections (a) and (b) not later than 18 months after the date of enactment of this section.
(e) ASSESSMENT.—    <> (e) ASSESSMENT.—
(1) IN GENERAL.—At least every 6 years after promulgating final regulations under subsections (a) and (b), the Administrator and the Secretary shall jointly assess current and projected progress in re ducing national transportation-related greenhouse gas emissions. = (1) IN GENERAL.—At least every 6 years after promulgating final regulations under subsections (a) and (b), the Administrator and the Secretary shall jointly assess current and projected progress in re ducing national transportation-related greenhouse gas emissions.
(2) REQUIREMENTS.—The assessment shall examine the contributions to emission reductions at tributable to—   (2) REQUIREMENTS.—The assessment shall examine the contributions to emission reductions at tributable to—
(A) improvements in vehicle efficiency; <> (A) improvements in vehicle efficiency;   
(B) greenhouse gas performance of trans portation fuels; = (B) greenhouse gas performance of trans portation fuels;
(C) reductions in vehicle miles traveled;   (C) reductions in vehicle miles traveled;
(D) changes in consumer demand and use of transportation management systems; and   (D) changes in consumer demand and use of transportation management systems; and
 (E) any other greenhouse gas-related transportation policies enacted by Congress.    (E) any other greenhouse gas-related transportation policies enacted by Congress.
(3) RESULTS OF ASSESSMENT.—The Sec retary and the Administrator shall consider—   (3) RESULTS OF ASSESSMENT.—The Sec retary and the Administrator shall consider—
 (A) the results of the assessment con ducted under this subsection; and    (A) the results of the assessment con ducted under this subsection; and
(B) based on those results, whether tech nical or other updates to regulations required under this section and sections 134 and 135 of    title 23, and sections 5303 and 5304 of title 49, United States Code, are necessary.’’. <> (B) based on those results, whether tech nical or other updates to regulations required under this section and sections 134 and 135 of title 23, and sections 5303 and 5304 of title 49, United States Code, are necessary.’’.
(b) METROPOLITAN PLANNING ORGANIZATIONS.— = (b) METROPOLITAN PLANNING ORGANIZATIONS.—
(1) TITLE 23.—Section 134 of title 23, United States Code, is amended—   (1) TITLE 23.—Section 134 of title 23, United States Code, is amended—
(A) in subsection (a)(1)—   (A) in subsection (a)(1)—
(i) by striking ‘‘minimizing’’ and in serting ‘‘reducing’’; and   (i) by striking ‘‘minimizing’’ and in serting ‘‘reducing’’; and
 (ii) by inserting ‘‘, reliance on oil, im pacts on the environment, transportation related greenhouse gas emissions,’’ after consumption’’; <>  (ii) by inserting ‘‘, reliance on oil, im pacts on the environment, transportation   related greenhouse gas emissions,’’ after consumption’’;
(B) in subsection (h)(1)(E)— = (B) in subsection (h)(1)(E)—
(i) by inserting ‘‘sustainability, and livability, reduce surface transportation-re lated greenhouse gas emissions and reli ance on oil, adapt to the effects of climate change,’’ after ‘‘energy conservation,’’;   (i) by inserting ‘‘sustainability, and livability, reduce surface transportation-re lated greenhouse gas emissions and reli ance on oil, adapt to the effects of climate change,’’ after ‘‘energy conservation,’’;
 (ii) by inserting ‘‘and public health’’ after ‘‘quality of life’’; and    (ii) by inserting ‘‘and public health’’ after ‘‘quality of life’’; and
(iii) by inserting ‘‘, including housing and land use patterns’’ after ‘‘development patterns’’;   (iii) by inserting ‘‘, including housing and land use patterns’’ after ‘‘development patterns’’;
(C) in subsection (i)—   (C) in subsection (i)—
(i) in paragraph (4)(A)—    <> (i) in paragraph (4)(A)—
(I) by striking ‘‘consult, as ap propriate,’’ and inserting ‘‘cooperate’’; = (I) by striking ‘‘consult, as ap propriate,’’ and inserting ‘‘cooperate’’;
 (II) by inserting ‘‘transportation, public transportation, air quality, and housing, and shall consult, as appro priate, with State and local agencies responsible for’’ after ‘‘responsible for’’ and    (II) by inserting ‘‘transportation, public transportation, air quality, and housing, and shall consult, as appro priate, with State and local agencies responsible for’’ after ‘‘responsible for’’ and
(III) by inserting ‘‘public health,’’ after ‘‘conservation,’’; and <> (III) by inserting ‘‘public health,’’ after ‘‘conservation,’’; and   
 (ii) in paragraph (5)(C)(iii), by insert ing ‘‘and through the website of the metro politan planning organization, including emission reduction targets and strategies developed under subsection (k)(6), includ ing an analysis of the anticipated effects of the targets and strategies,’’ after ‘‘World Wide Web’’; and =  (ii) in paragraph (5)(C)(iii), by insert ing ‘‘and through the website of the metro politan planning organization, including emission reduction targets and strategies developed under subsection (k)(6), includ ing an analysis of the anticipated effects of the targets and strategies,’’ after ‘‘World Wide Web’’; and
(D) in subsection (k), by adding at the end the following:   (D) in subsection (k), by adding at the end the following:
(6) TRANSPORTATION GREENHOUSE GAS RE DUCTION EFFORTS.—   (6) TRANSPORTATION GREENHOUSE GAS RE DUCTION EFFORTS.—
(A) IN GENERAL.—Within a metropolitan planning area serving a transportation manage ment area, the transportation planning process    under this section shall address transportation related greenhouse gas emissions by including emission reduction targets and strategies to meet those targets. <> (A) IN GENERAL.—Within a metropolitan planning area serving a transportation manage ment area, the transportation planning process under this section shall address transportation related greenhouse gas emissions by including emission reduction targets and strategies to meet those targets.
(B) ELIGIBLE ORGANIZATIONS.— = (B) ELIGIBLE ORGANIZATIONS.—
(i) MPOS WITHIN TMAS.—All provi sions and requirements of this section, in cluding the requirements of the transpor tation greenhouse gas reduction efforts, shall apply to metropolitan planning orga nizations that also serve as transportation management areas. <> (i) MPOS WITHIN TMAS.—All provi sions and requirements of this section, in cluding the requirements of the transpor tation greenhouse gas reduction efforts, shall apply to metropolitan planning orga   nizations that also serve as transportation management areas.
(ii) OTHER MPOS.—A metropolitan planning organization that does not serve as a transportation management area— = (ii) OTHER MPOS.—A metropolitan planning organization that does not serve as a transportation management area—
 (I) may develop transportation greenhouse gas emission reduction targets and strategies to meet those targets; and    (I) may develop transportation greenhouse gas emission reduction targets and strategies to meet those targets; and
 (II) if those targets and strate gies are developed, shall be subject to all provisions and requirements of this section øand section 23 of the ø lllll 24 Act¿¿, including re   quirements of the transportation greenhouse gas reduction efforts. <>  (II) if those targets and strate gies are developed, shall be subject to all applicable provisions and require ments of this section and the Clean Energy Jobs and American Power Act, including requirements of the transportation greenhouse gas reduc tion efforts.
(C) ESTABLISHMENT OF TARGETS AND CRITERIA.— = (C) ESTABLISHMENT OF TARGETS AND CRITERIA.—
(i) IN GENERAL.—Not later than  years after the promulgation of the final regulations required under øsection 841 of the Clean Air Act¿, each metropolitan planning organization that also serves as a transportation management area shall de velop surface transportation-related green house gas emission reduction targets, as well as strategies to meet those targets, in consultation with State air agencies as part of the metropolitan transportation planning process under this section. <> (i) IN GENERAL.—Not later than  years after the promulgation of the final regulations required under section 831 of the Clean Air Act, each metropolitan plan ning organization that also serves as a transportation management area shall de  velop surface transportation-related green house gas emission reduction targets, as well as strategies to meet those targets, in consultation with State air agencies as part of the metropolitan transportation planning process under this section.
(ii) MULTIPLE DESIGNATIONS.—If more than 1 metropolitan planning organi zation has been designated within a metro politan area, each metropolitan planning organization shall coordinate with other metropolitan planning organizations in the same metropolitan area to develop the tar gets and strategies described in clause (i).      (ii) MULTIPLE DESIGNATIONS.—If more than 1 metropolitan planning organi zation has been designated within a metro politan area, each metropolitan planning organization shall coordinate with other metropolitan planning organizations in the same metropolitan area to develop the tar gets and strategies described in clause (i).
(iii) MINIMUM REQUIREMENTS.— Each metropolitan transportation plan de veloped by a metropolitan planning organi zation under clause (i) shall, within the plan, demonstrate progress in stabilizing and reducing transportation-related green house gas emissions so as to contribute to the achievement of State targets pursuant to section 135(f)(9). = (iii) MINIMUM REQUIREMENTS.— Each metropolitan transportation plan de veloped by a metropolitan planning organi zation under clause (i) shall, within the plan, demonstrate progress in stabilizing and reducing transportation-related green house gas emissions so as to contribute to the achievement of State targets pursuant to section 135(f)(9).
(iv) REQUIREMENTS FOR TARGETS AND STRATEGIES.—The targets and strat egies developed under this subparagraph shall, at a minimum— <> (iv) REQUIREMENTS FOR TARGETS AND STRATEGIES.—The targets and strat   egies developed under this subparagraph shall, at a minimum—
(I) be based on the emission and travel demand models and related methodologies established in the final regulations required under øsection 841 of the Clean Air Act¿;   (I) be based on the emission and travel demand models and related methodologies established in the final regulations required under section 831 of the Clean Air Act;
(II) inventory all sources of sur face transportation-related greenhouse gas emissions; = (II) inventory all sources of sur face transportation-related greenhouse gas emissions;
(III) apply to those modes of surface transportation that are ad dressed in the planning process under this section;    <> (III) apply to those modes of surface transportation that are ad dressed in the planning process under this section;
 (IV) be integrated and con sistent with regional transportation plans and transportation improvement programs; and =  (IV) be integrated and con sistent with regional transportation plans and transportation improvement programs; and
(V) be selected through scenario analysis, and include, pursuant to the requirements of the transportation planning process under this section, transportation investment and man agement strategies that reduce green house gas emissions from the trans portation sector over the life of the plan, such as— <> (V) be selected through scenario analysis, and include, pursuant to the requirements of the transportation planning process under this section, transportation investment and man agement strategies that reduce green house gas emissions from the trans   portation sector over the life of the plan, such as—
(aa) efforts to increase public transportation ridership, including through service im provements, capacity expansions, and access enhancement; = (aa) efforts to increase public transportation ridership, including through service im provements, capacity expansions, and access enhancement;
(bb) efforts to increase walking, bicycling, and other forms of nonmotorized transpor tation;   (bb) efforts to increase walking, bicycling, and other forms of nonmotorized transpor tation;
(cc) implementation of zon ing and other land use regula tions and plans to support infill,    transit-oriented development, re development, or mixed use devel opment; <> (cc) implementation of zon ing and other land use regula tions and plans to support infill, transit-oriented development, re development, or mixed use devel opment;
(dd) travel demand man agement programs (including carpool, vanpool, or car-share projects), transportation pricing measures, parking policies, and programs to promote telecom muting, flexible work schedules, and satellite work centers;   (dd) travel demand man agement programs (including carpool, vanpool, or car-share projects), transportation pricing measures, parking policies, and programs to promote telecom muting, flexible work schedules, and satellite work centers;   
(ee) surface transportation system operation improvements, including intelligent transpor tation systems or other oper ational improvements to reduce long-term greenhouse gas emis sions through reduced congestion and improved system manage ment; = (ee) surface transportation system operation improvements, including intelligent transpor tation systems or other oper ational improvements to reduce long-term greenhouse gas emis sions through reduced congestion and improved system manage ment;
(ff) intercity passenger rail improvements;   (ff) intercity passenger rail improvements;
(gg) intercity bus improve ments;    <> (gg) intercity bus improve ments;
(hh) freight rail improve ments; = (hh) freight rail improve ments;
(ii) use of materials or equipment associated with the construction or maintenance of transportation projects that re duce greenhouse gas emissions;   (ii) use of materials or equipment associated with the construction or maintenance of transportation projects that re duce greenhouse gas emissions;
(jj) public facilities for sup plying electricity to electric or plug-in hybrid-electric vehicles; or   (jj) public facilities for sup plying electricity to electric or plug-in hybrid-electric vehicles; or
(kk) any other effort that demonstrates progress in reduc ing transportation-related green house gas emissions in each met ropolitan planning organization under this subsection. <> (kk) any other effort that demonstrates progress in reduc   ing transportation-related green house gas emissions in each met ropolitan planning organization under this subsection.
(D) REVIEW AND APPROVAL.—Not later than 180 days after the date of submission of a plan under this section— = (D) REVIEW AND APPROVAL.—Not later than 180 days after the date of submission of a plan under this section—
 (i) the Secretary and the Adminis trator shall review the plan; and    (i) the Secretary and the Adminis trator shall review the plan; and
(ii) the Secretary shall approve a plan developed by a metropolitan planning organization pursuant to subparagraph (C) if—    <> (ii) the Secretary shall approve a plan developed by a metropolitan planning organization pursuant to subparagraph (C) if—
 (I) the Secretary finds that a metropolitan planning organization has developed, submitted, and pub lished the plan of the metropolitan planning organization pursuant to this section; =  (I) the Secretary finds that a metropolitan planning organization has developed, submitted, and pub lished the plan of the metropolitan planning organization pursuant to this section;
(II) the Secretary, in consulta tion with the Administrator, deter mines that the plan is likely to achieve the targets established by the metro politan planning organization under this subsection; and <> (II) the Secretary, in consulta tion with the Administrator, deter mines that the plan is likely to achieve the targets established by the metro politan planning organization under this subsection; and   
(III) the development of the plan complies with the minimum re quirements established under clauses = (III) the development of the plan complies with the minimum re quirements established under clauses
(iii) and (iv) of subparagraph (C).   (iii) and (iv) of subparagraph (C).
(E) CERTIFICATION.—Failure to comply with the requirements under subparagraph (C) shall not impact certification standards under paragraph (5).   (E) CERTIFICATION.—Failure to comply with the requirements under subparagraph (C) shall not impact certification standards under paragraph (5).
(7) DEFINITION OF METROPOLITAN PLANNING ORGANIZATION.—In this subsection, the term ‘met ropolitan planning organization’ means a metropoli tan planning organization described in clause (i) or   (7) DEFINITION OF METROPOLITAN PLANNING ORGANIZATION.—In this subsection, the term ‘met ropolitan planning organization’ means a metropoli tan planning organization described in clause (i) or
 (ii) of paragraph (6)(B).    <>  (ii) of paragraph (6)(B).
(8) SCENARIO ANALYSIS.—The term ‘scenario analysis’ means the use of a planning tool that— = (8) SCENARIO ANALYSIS.—The term ‘scenario analysis’ means the use of a planning tool that—
(A) develops a range of scenarios rep resenting various combinations of transpor tation and land use strategies, and estimates of how each of those scenarios would perform in meeting the greenhouse gas emission reduction targets based on analysis of various forces   (A) develops a range of scenarios rep resenting various combinations of transpor tation and land use strategies, and estimates of how each of those scenarios would perform in meeting the greenhouse gas emission reduction targets based on analysis of various forces
(such as health, transportation, economic or en vironmental factors, and land use) that affect growth;   (such as health, transportation, economic or en vironmental factors, and land use) that affect growth;
 (B) may include features such as— <>  (B) may include features such as—   
 (i) the involvement of the general public, key stakeholders, and elected offi cials on a broad scale; =  (i) the involvement of the general public, key stakeholders, and elected offi cials on a broad scale;
(ii) the creation of an opportunity for those participants to educate each other as to growth trends and trade-offs, as a means to incorporate values and feed back into future plans; and   (ii) the creation of an opportunity for those participants to educate each other as to growth trends and trade-offs, as a means to incorporate values and feed back into future plans; and
(iii) the use of continuing efforts and ongoing processes; and   (iii) the use of continuing efforts and ongoing processes; and
 (C) may include key elements such as—    (C) may include key elements such as—
(i) identification of the driving forces behind planning decisions and outcomes;    <> (i) identification of the driving forces behind planning decisions and outcomes;
(ii) determination of patterns of interaction; = (ii) determination of patterns of interaction;
(iii) creation of scenarios for discus sion purposes;   (iii) creation of scenarios for discus sion purposes;
(iv) analysis of implications;   (iv) analysis of implications;
(v) evaluation of scenarios; and   (v) evaluation of scenarios; and
(vi) use of monitoring indicators.’’.   (vi) use of monitoring indicators.’’.
(2) TITLE 49.—Section 5303 of title 49, United States Code, is amended—   (2) TITLE 49.—Section 5303 of title 49, United States Code, is amended—
(A) in subsection (a)(1)—   (A) in subsection (a)(1)—
(i) by striking ‘‘minimizing’’ and in serting ‘‘reducing’’; and <> (i) by striking ‘‘minimizing’’ and in serting ‘‘reducing’’; and   
 (ii) by inserting ‘‘, reliance on oil, im pacts on the environment, transportation related greenhouse gas emissions,’’ after consumption’’; =  (ii) by inserting ‘‘, reliance on oil, im pacts on the environment, transportation related greenhouse gas emissions,’’ after consumption’’;
(B) in subsection (h)(1)(E)—   (B) in subsection (h)(1)(E)—
(i) by inserting ‘‘sustainability, and livability, reduce surface transportation-re lated greenhouse gas emissions and reli ance on oil, adapt to the effects of climate change,’’ after ‘‘energy conservation,’’;   (i) by inserting ‘‘sustainability, and livability, reduce surface transportation-re lated greenhouse gas emissions and reli ance on oil, adapt to the effects of climate change,’’ after ‘‘energy conservation,’’;
 (ii) by inserting ‘‘and public health’’ after ‘‘quality of life’’; and    <>  (ii) by inserting ‘‘and public health’’ after ‘‘quality of life’’; and
(iii) by inserting ‘‘, including housing and land use patterns’’ after ‘‘development patterns’’; = (iii) by inserting ‘‘, including housing and land use patterns’’ after ‘‘development patterns’’;
(C) in subsection (i)—   (C) in subsection (i)—
(i) in paragraph (4)(A)—   (i) in paragraph (4)(A)—
(I) by striking ‘‘consult, as ap propriate,’’ and inserting ‘‘cooperate’’;   (I) by striking ‘‘consult, as ap propriate,’’ and inserting ‘‘cooperate’’;
 (II) by inserting ‘‘transportation, public transportation, air quality, and housing, and shall consult, as appro priate, with State and local agencies responsible for’’ after ‘‘responsible for’’ and <>  (II) by inserting ‘‘transportation, public transportation, air quality, and housing, and shall consult, as appro priate, with State and local agencies responsible for’’ after ‘‘responsible for’’ and   
(III) by inserting ‘‘public health,’’ after ‘‘conservation,’’; and = (III) by inserting ‘‘public health,’’ after ‘‘conservation,’’; and
 (ii) in paragraph (5)(C)(iii), by insert ing ‘‘and through the website of the metro politan planning organization, including emission reduction targets and strategies developed under subsection (k)(6), includ ing an analysis of the anticipated effects of the targets and strategies,’’ after ‘‘World Wide Web’’; and    (ii) in paragraph (5)(C)(iii), by insert ing ‘‘and through the website of the metro politan planning organization, including emission reduction targets and strategies developed under subsection (k)(6), includ ing an analysis of the anticipated effects of the targets and strategies,’’ after ‘‘World Wide Web’’; and
(D) in subsection (k), by adding at the end the following:    <> (D) in subsection (k), by adding at the end the following:
(6) TRANSPORTATION GREENHOUSE GAS RE DUCTION EFFORTS.— = (6) TRANSPORTATION GREENHOUSE GAS RE DUCTION EFFORTS.—
(A) IN GENERAL.—Within a metropolitan planning area serving a transportation manage ment area, the transportation planning process under this section shall address transportation related greenhouse gas emissions by including emission reduction targets and strategies to meet those targets.   (A) IN GENERAL.—Within a metropolitan planning area serving a transportation manage ment area, the transportation planning process under this section shall address transportation related greenhouse gas emissions by including emission reduction targets and strategies to meet those targets.
(B) ELIGIBLE ORGANIZATIONS.—   (B) ELIGIBLE ORGANIZATIONS.—
(i) IN GENERAL.—The requirements of the transportation greenhouse gas re duction efforts shall apply only to metro politan planning organizations within a transportation management area. <> (i) IN GENERAL.—The requirements of the transportation greenhouse gas re duction efforts shall apply only to metro   politan planning organizations within a transportation management area.
(ii) DEVELOPMENT OF PLAN.—A metropolitan planning organization that does not serve as a transportation manage ment area— = (ii) DEVELOPMENT OF PLAN.—A metropolitan planning organization that does not serve as a transportation manage ment area—
 (I) may develop transportation greenhouse gas emission reduction targets and strategies to meet those targets; and    (I) may develop transportation greenhouse gas emission reduction targets and strategies to meet those targets; and
 (II) if those targets and strate gies are developed, shall be subject to    all provisions and requirements of this section, including requirements of the transportation greenhouse gas reduc tion efforts. <>  (II) if those targets and strate gies are developed, shall be subject to all provisions and requirements of this section, including requirements of the transportation greenhouse gas reduc tion efforts.
(C) ESTABLISHMENT OF TARGETS AND CRITERIA.——   (C) ESTABLISHMENT OF TARGETS AND CRITERIA.—
(i) IN GENERAL.—Not later than  years after the promulgation of the final regulations required under øsection 841 of the Clean Air Act¿, each metropolitan planning organization shall develop surface transportation-related greenhouse gas emission reduction targets, as well as strategies to meet those targets, in con sultation with State air agencies as part of the metropolitan transportation planning process under this section.   (i) IN GENERAL.—Not later than  years after the promulgation of the final regulations required under section 831 of the Clean Air Act, each metropolitan plan ning organization shall develop surface transportation-related greenhouse gas emission reduction targets, as well as   strategies to meet those targets, in con sultation with State air agencies as part of the metropolitan transportation planning process under this section.
(ii) MULTIPLE DESIGNATIONS.—If more than 1 metropolitan planning organi zation has been designated within a metro politan area, each metropolitan planning organization shall coordinate with other metropolitan planning organizations in the same metropolitan area to develop the tar gets and strategies described in clause (i).      (ii) MULTIPLE DESIGNATIONS.—If more than 1 metropolitan planning organi zation has been designated within a metro politan area, each metropolitan planning organization shall coordinate with other metropolitan planning organizations in the same metropolitan area to develop the tar gets and strategies described in clause (i).
(iii) MINIMUM REQUIREMENTS.— Each metropolitan transportation plan de veloped by a metropolitan planning organi zation under clause (i) shall, within the plan, demonstrate progress in stabilizing and reducing transportation-related green house gas emissions so as to contribute to the achievement of State targets pursuant to section 135(f)(9) of title 23. = (iii) MINIMUM REQUIREMENTS.— Each metropolitan transportation plan de veloped by a metropolitan planning organi zation under clause (i) shall, within the plan, demonstrate progress in stabilizing and reducing transportation-related green house gas emissions so as to contribute to the achievement of State targets pursuant to section 135(f)(9) of title 23.
(iv) REQUIREMENTS FOR TARGETS AND STRATEGIES.—The targets and strat egies developed under this subparagraph shall, at a minimum— <> (iv) REQUIREMENTS FOR TARGETS AND STRATEGIES.—The targets and strat egies developed under this subparagraph shall, at a minimum—   
(I) be based on the emission models and related methodologies es tablished in the final regulations re quired under øsection 841 of the Clean Air Act¿;   (I) be based on the emission models and related methodologies es tablished in the final regulations re quired under section 831 of the Clean Air Act;
(II) inventory all sources of sur face transportation-related greenhouse gas emissions; = (II) inventory all sources of sur face transportation-related greenhouse gas emissions;
(III) apply to those modes of surface transportation that are ad dressed in the planning process under this section;    <> (III) apply to those modes of surface transportation that are ad dressed in the planning process under this section;
 (IV) be integrated and con sistent with regional transportation plans and transportation improvement programs; and =  (IV) be integrated and con sistent with regional transportation plans and transportation improvement programs; and
(V) be selected through scenario analysis (as defined in section 134(k) of title 23), and include, pursuant to the requirements of the transportation planning process under this section, transportation investment and man agement strategies that reduce green house gas emissions from the trans portation sector over the life of the plan, such as— <> (V) be selected through scenario analysis (as defined in section 134(k) of title 23), and include, pursuant to the requirements of the transportation planning process under this section, transportation investment and man agement strategies that reduce green house gas emissions from the trans   portation sector over the life of the plan, such as—
(aa) efforts to increase public transportation ridership, including through service im provements, capacity expansions, and access enhancement; = (aa) efforts to increase public transportation ridership, including through service im provements, capacity expansions, and access enhancement;
(bb) efforts to increase walking, bicycling, and other forms of nonmotorized transpor tation;   (bb) efforts to increase walking, bicycling, and other forms of nonmotorized transpor tation;
(cc) implementation of zon ing and other land use regula   tions and plans to support infill, transit-oriented development, re development, or mixed use devel opment; <> (cc) implementation of zon ing and other land use regula tions and plans to support infill, transit-oriented development, re development, or mixed use devel opment;
(dd) travel demand man agement programs (including carpool, vanpool, or car-share projects), transportation pricing measures, parking policies, and programs to promote telecom muting, flexible work schedules, and satellite work centers;   (dd) travel demand man agement programs (including carpool, vanpool, or car-share projects), transportation pricing measures, parking policies, and programs to promote telecom muting, flexible work schedules, and satellite work centers;   
(ee) surface transportation system operation improvements, including intelligent transpor tation systems or other oper ational improvements to reduce long-term greenhouse gas emis sions through reduced congestion and improved system manage ment; = (ee) surface transportation system operation improvements, including intelligent transpor tation systems or other oper ational improvements to reduce long-term greenhouse gas emis sions through reduced congestion and improved system manage ment;
(ff) intercity passenger rail improvements;   (ff) intercity passenger rail improvements;
(gg) intercity bus improve ments;    <> (gg) intercity bus improve ments;
(hh) freight rail improve ments; = (hh) freight rail improve ments;
(ii) use of materials or equipment associated with the construction or maintenance of transportation projects that re duce greenhouse gas emissions;   (ii) use of materials or equipment associated with the construction or maintenance of transportation projects that re duce greenhouse gas emissions;
(jj) public facilities for sup plying electricity to electric or plug-in hybrid-electric vehicles; or   (jj) public facilities for sup plying electricity to electric or plug-in hybrid-electric vehicles; or
(kk) any other effort that demonstrates progress in reduc ing transportation-related green house gas emissions in each met ropolitan planning organization under this subsection. <> (kk) any other effort that demonstrates progress in reduc   ing transportation-related green house gas emissions in each met ropolitan planning organization under this subsection.
(D) REVIEW AND APPROVAL.—Not later than 180 days after the date of submission of a plan under this section— = (D) REVIEW AND APPROVAL.—Not later than 180 days after the date of submission of a plan under this section—
 (i) the Secretary and the Adminis trator shall review the plan; and    (i) the Secretary and the Adminis trator shall review the plan; and
(ii) the Secretary shall approve a plan developed by a metropolitan planning organization pursuant to subparagraph (C) if—    <> (ii) the Secretary shall approve a plan developed by a metropolitan planning organization pursuant to subparagraph (C) if—
 (I) the Secretary finds that a metropolitan planning organization has developed, submitted, and pub lished the plan of the metropolitan planning organization pursuant to this section; =  (I) the Secretary finds that a metropolitan planning organization has developed, submitted, and pub lished the plan of the metropolitan planning organization pursuant to this section;
(II) the Secretary, in consulta tion with the Administrator, deter mines that the plan is likely to achieve the targets established by the metro politan planning organization under this subsection; and <> (II) the Secretary, in consulta tion with the Administrator, deter mines that the plan is likely to achieve the targets established by the metro politan planning organization under this subsection; and   
(III) the development of the plan complies with the minimum re quirements established under clauses = (III) the development of the plan complies with the minimum re quirements established under clauses
(iii) and (iv) of subparagraph (C).   (iii) and (iv) of subparagraph (C).
(E) CERTIFICATION.—Failure to comply with the requirements under subparagraph (C) shall not impact certification standards under paragraph (5).   (E) CERTIFICATION.—Failure to comply with the requirements under subparagraph (C) shall not impact certification standards under paragraph (5).
(7) DEFINITION OF METROPOLITAN PLANNING ORGANIZATION.—In this subsection, the term ‘met ropolitan planning organization’ means a metropoli tan planning organization described in clause (i) or   (7) DEFINITION OF METROPOLITAN PLANNING ORGANIZATION.—In this subsection, the term ‘met ropolitan planning organization’ means a metropoli tan planning organization described in clause (i) or
 (ii) of paragraph (6)(B).’’.    <>  (ii) of paragraph (6)(B).’’.
(c) STATES.— = (c) STATES.—
(1) TITLE 23.—Section 135 of title 23, United States Code, is amended—   (1) TITLE 23.—Section 135 of title 23, United States Code, is amended—
(A) in subsection (d)(1)(E)—   (A) in subsection (d)(1)(E)—
(i) by inserting ‘‘sustainability, and livability, reduce surface transportation-re lated greenhouse gas emissions and reli ance on oil, adapt to the effects of climate change,’’ after ‘‘energy conservation,’’;   (i) by inserting ‘‘sustainability, and livability, reduce surface transportation-re lated greenhouse gas emissions and reli ance on oil, adapt to the effects of climate change,’’ after ‘‘energy conservation,’’;
 (ii) by inserting ‘‘and public health’’ after ‘‘quality of life’’; and <>  (ii) by inserting ‘‘and public health’’ after ‘‘quality of life’’; and   
(iii) by inserting ‘‘, including housing and land use patterns’’ after ‘‘development patterns’’; and = (iii) by inserting ‘‘, including housing and land use patterns’’ after ‘‘development patterns’’; and
(B) in subsection (f)—   (B) in subsection (f)—
(i) in paragraph (2)(D)(i)—   (i) in paragraph (2)(D)(i)—
(I) by striking ‘‘, as appropriate, in consultation’’ and inserting ‘‘in co operation’’;   (I) by striking ‘‘, as appropriate, in consultation’’ and inserting ‘‘in co operation’’;
 (II) by inserting ‘‘State and local agencies responsible for transpor tation, public transportation, air qual ity, and housing and in consultation with’’ before ‘‘State, tribal’’; and    <>  (II) by inserting ‘‘State and local agencies responsible for transpor tation, public transportation, air qual ity, and housing and in consultation with’’ before ‘‘State, tribal’’; and
(III) by inserting ‘‘public health,’’ after ‘‘conservation,’’; = (III) by inserting ‘‘public health,’’ after ‘‘conservation,’’;
 (ii) in paragraph (3)(B)(iii), by insert ing ‘‘and through the website of the State, including emission reduction targets and strategies developed under paragraph (9) and an analysis of the anticipated effects of the targets and strategies’’ after ‘‘World Wide Web’’; and    (ii) in paragraph (3)(B)(iii), by insert ing ‘‘and through the website of the State, including emission reduction targets and strategies developed under paragraph (9) and an analysis of the anticipated effects of the targets and strategies’’ after ‘‘World Wide Web’’; and
(iii) by adding at the end the fol lowing: <> (iii) by adding at the end the fol lowing:   
(9) TRANSPORTATION GREENHOUSE GAS RE DUCTION EFFORTS.— = (9) TRANSPORTATION GREENHOUSE GAS RE DUCTION EFFORTS.—
(A) IN GENERAL.—Within a State, the transportation planning process under this sec tion, shall address transportation-related green house gas emissions by including emission re duction targets and strategies to meet those targets.   (A) IN GENERAL.—Within a State, the transportation planning process under this sec tion, shall address transportation-related green house gas emissions by including emission re duction targets and strategies to meet those targets.
(B) ESTABLISHMENT OF TARGETS AND CRITERIA.—   (B) ESTABLISHMENT OF TARGETS AND CRITERIA.—
(i) IN GENERAL.—Not later than  years after the promulgation of the final regulations required under øsection 841 of the Clean Air Act¿, each State shall de   velop surface transportation-related green house gas emission reduction targets, as well as strategies to meet those targets, in consultation with State air agencies as part of the transportation planning process under this section. <> (i) IN GENERAL.—Not later than  years after the promulgation of the final regulations required under section 831 of the Clean Air Act, each State shall develop surface transportation-related greenhouse gas emission reduction targets, as well as strategies to meet those targets, in con sultation with State air agencies as part of the transportation planning process under this section.
(ii) MINIMUM REQUIREMENTS.— Each transportation plan developed by a State under clause (i) shall, within the plan, demonstrate progress in stabilizing and reducing transportation-related green house gas emissions in the State so as to contribute to the achievement of national targets pursuant to section ø841(a)(1) of the Clean Air Act¿.   (ii) MINIMUM REQUIREMENTS.— Each transportation plan developed by a State under clause (i) shall, within the plan, demonstrate progress in stabilizing and reducing transportation-related green   house gas emissions in the State so as to contribute to the achievement of national targets pursuant to section 831(a)(1) of the Clean Air Act.
(iii) REQUIREMENTS FOR TARGETS AND STRATEGIES.—The targets and strat egies developed under this subparagraph shall, at a minimum— = (iii) REQUIREMENTS FOR TARGETS AND STRATEGIES.—The targets and strat egies developed under this subparagraph shall, at a minimum—
(I) be based on the emission models and related methodologies es tablished in the final regulations re quired under øsection 841 of the Clean Air Act¿;    <> (I) be based on the emission models and related methodologies es tablished in the final regulations re quired under section 831 of the Clean Air Act;
(II) inventory all sources of sur face transportation-related greenhouse gas emissions; = (II) inventory all sources of sur face transportation-related greenhouse gas emissions;
(III) apply to those modes of surface transportation that are ad dressed in the planning process under this section;   (III) apply to those modes of surface transportation that are ad dressed in the planning process under this section;
 (IV) be integrated and con sistent with statewide transportation plans and statewide transportation improvement programs; and <>  (IV) be integrated and con sistent with statewide transportation plans and statewide transportation improvement programs; and   
(V) be selected through scenario analysis (as defined in section 134(k)), and include, pursuant to the requirements of the transportation planning process under this section, transportation investment and man agement strategies that reduce green house gas emissions from the trans portation sector over the life of the plan, such as— = (V) be selected through scenario analysis (as defined in section 134(k)), and include, pursuant to the requirements of the transportation planning process under this section, transportation investment and man agement strategies that reduce green house gas emissions from the trans portation sector over the life of the plan, such as—
(aa) efforts to increase public transportation ridership, including through service im   provements, capacity expansions, and access enhancement; <> (aa) efforts to increase public transportation ridership, including through service im provements, capacity expansions, and access enhancement;
(bb) efforts to increase walking, bicycling, and other forms of nonmotorized transpor tation; = (bb) efforts to increase walking, bicycling, and other forms of nonmotorized transpor tation;
(cc) implementation of zon ing and other land use regula tions and plans to support infill, transit-oriented development, re development, or mixed use devel opment; <> (cc) implementation of zon ing and other land use regula tions and plans to support infill, transit-oriented development, re development, or mixed use devel opment;   
(dd) travel demand man agement programs (including carpool, vanpool, or car-share projects), transportation pricing measures, parking policies, and programs to promote telecom muting, flexible work schedules, and satellite work centers; = (dd) travel demand man agement programs (including carpool, vanpool, or car-share projects), transportation pricing measures, parking policies, and programs to promote telecom muting, flexible work schedules, and satellite work centers;
(ee) surface transportation system operation improvements, including intelligent transpor tation systems or other oper ational improvements to reduce    congestion and improve system management; <> (ee) surface transportation system operation improvements, including intelligent transpor tation systems or other oper ational improvements to reduce congestion and improve system management;
(ff) intercity passenger rail improvements; = (ff) intercity passenger rail improvements;
(gg) intercity bus improve ments;   (gg) intercity bus improve ments;
(hh) freight rail improve ments;   (hh) freight rail improve ments;
(ii) use of materials or equipment associated with the construction or maintenance of transportation projects that re duce greenhouse gas emissions; <> (ii) use of materials or equipment associated with the construction or maintenance of    transportation projects that re duce greenhouse gas emissions;
(jj) public facilities for sup plying electricity to electric or plug-in hybrid-electric vehicles; or = (jj) public facilities for sup plying electricity to electric or plug-in hybrid-electric vehicles; or
(kk) any other effort that demonstrates progress in reduc ing transportation-related green house gas emissions.   (kk) any other effort that demonstrates progress in reduc ing transportation-related green house gas emissions.
(C) COORDINATION AND CONSULTATION WITH PUBLIC AGENCIES.—Transportation greenhouse gas targets and plans pursuant to this section shall be developed—   (C) COORDINATION AND CONSULTATION WITH PUBLIC AGENCIES.—Transportation greenhouse gas targets and plans pursuant to this section shall be developed—
(i) in coordination with—    <> (i) in coordination with—
 (I) all metropolitan planning or ganizations covered by this section within the State; and =  (I) all metropolitan planning or ganizations covered by this section within the State; and
(II) transportation and air qual ity agencies within the State; and   (II) transportation and air qual ity agencies within the State; and
 (ii) in consultation with representa tives of State and local housing, economic development, and land use agencies.    (ii) in consultation with representa tives of State and local housing, economic development, and land use agencies.
(D) ENFORCEMENT.—Not later than  days after the date of submission of a plan under this section— <> (D) ENFORCEMENT.—Not later than  days after the date of submission of a plan under this section—   
 (i) the Secretary and the Adminis trator shall review the plan; and =  (i) the Secretary and the Adminis trator shall review the plan; and
(ii) the Secretary shall approve a plan developed by a State pursuant to sub paragraph (B) if—   (ii) the Secretary shall approve a plan developed by a State pursuant to sub paragraph (B) if—
 (I) the Secretary finds that a State has developed, submitted, and published the plan pursuant to this section;    (I) the Secretary finds that a State has developed, submitted, and published the plan pursuant to this section;
(II) the Secretary, in consulta tion with the Administrator, deter mines that the plan is likely to achieve the targets established by the State under this subsection; and    <> (II) the Secretary, in consulta tion with the Administrator, deter mines that the plan is likely to achieve the targets established by the State under this subsection; and
(III) the development of the plan complies with the minimum re quirements established under clauses = (III) the development of the plan complies with the minimum re quirements established under clauses
(ii) and (iii) of subparagraph (B).   (ii) and (iii) of subparagraph (B).
(E) PLANNING FINDING.—Failure to comply with the requirements under subpara graph (B) shall not impact the planning finding under subsection (g)(7).’’.   (E) PLANNING FINDING.—Failure to comply with the requirements under subpara graph (B) shall not impact the planning finding under subsection (g)(7).’’.
(2) TITLE 49.—Section 5304 of title 49, United States Code is amended—   (2) TITLE 49.—Section 5304 of title 49, United States Code is amended—
(A) in subsection (d)(1)(E)— <> (A) in subsection (d)(1)(E)—   
(i) by inserting ‘‘sustainability, and livability, reduce surface transportation-re lated greenhouse gas emissions and reli ance on oil, adapt to the effects of climate change,’’ after ‘‘energy conservation,’’; = (i) by inserting ‘‘sustainability, and livability, reduce surface transportation-re lated greenhouse gas emissions and reli ance on oil, adapt to the effects of climate change,’’ after ‘‘energy conservation,’’;
 (ii) by inserting ‘‘and public health’’ after ‘‘quality of life’’; and    (ii) by inserting ‘‘and public health’’ after ‘‘quality of life’’; and
(iii) by inserting ‘‘, including housing and land use patterns’’ after ‘‘development patterns’’; and   (iii) by inserting ‘‘, including housing and land use patterns’’ after ‘‘development patterns’’; and
(B) in subsection (f)—   (B) in subsection (f)—
(i) in paragraph (2)(D)(i)—    <> (i) in paragraph (2)(D)(i)—
(I) by striking ‘‘, as appropriate, in consultation’’ and inserting ‘‘in co operation’’; = (I) by striking ‘‘, as appropriate, in consultation’’ and inserting ‘‘in co operation’’;
 (II) by inserting ‘‘State and local agencies responsible for transpor tation, public transportation, air qual ity, and housing and in consultation with’’ before ‘‘State, tribal’’; and    (II) by inserting ‘‘State and local agencies responsible for transpor tation, public transportation, air qual ity, and housing and in consultation with’’ before ‘‘State, tribal’’; and
(III) by inserting ‘‘public health,’’ after ‘‘conservation,’’;   (III) by inserting ‘‘public health,’’ after ‘‘conservation,’’;
 (ii) in paragraph (3)(B)(iii), by insert ing ‘‘and through the website of the State, including emission reduction targets and strategies developed under paragraph (9) and an analysis of the anticipated effects of the targets and strategies’’ after ‘‘World Wide Web’’; and <>  (ii) in paragraph (3)(B)(iii), by insert ing ‘‘and through the website of the State, including emission reduction targets and    strategies developed under paragraph (9) and an analysis of the anticipated effects of the targets and strategies’’ after ‘‘World Wide Web’’; and
(iii) by adding at the end the fol lowing: = (iii) by adding at the end the fol lowing:
(9) TRANSPORTATION GREENHOUSE GAS RE DUCTION EFFORTS.—   (9) TRANSPORTATION GREENHOUSE GAS RE DUCTION EFFORTS.—
(A) IN GENERAL.—Within a State, the transportation planning process under this sec tion, shall address transportation-related green house gas emissions by including emission re   duction targets and strategies to meet those targets. <> (A) IN GENERAL.—Within a State, the transportation planning process under this sec tion, shall address transportation-related green house gas emissions by including emission re duction targets and strategies to meet those targets.
(B) ESTABLISHMENT OF TARGETS AND CRITERIA.— = (B) ESTABLISHMENT OF TARGETS AND CRITERIA.—
(i) IN GENERAL.—Not later than  years after the promulgation of the final regulations required under øsection 841 of the Clean Air Act¿, each State shall de velop surface transportation-related green house gas emission reduction targets, as well as strategies to meet those targets, in consultation with State air agencies as part of the transportation planning process under this section. <> (i) IN GENERAL.—Not later than  years after the promulgation of the final regulations required under section 831 of the Clean Air Act, each State shall develop surface transportation-related greenhouse gas emission reduction targets, as well as strategies to meet those targets, in con sultation with State air agencies as part of   the transportation planning process under this section.
(ii) MINIMUM REQUIREMENTS.— Each transportation plan developed by a State under clause (i) shall, within the plan, demonstrate progress in stabilizing and reducing transportation-related green house gas emissions in the State so as to contribute to the achievement of national targets pursuant to section ø841(a)(1) of the Clean Air Act¿.   (ii) MINIMUM REQUIREMENTS.— Each transportation plan developed by a State under clause (i) shall, within the plan, demonstrate progress in stabilizing and reducing transportation-related green house gas emissions in the State so as to contribute to the achievement of national targets pursuant to section 831(a)(1) of the Clean Air Act.
(iii) REQUIREMENTS FOR TARGETS AND STRATEGIES.—The targets and strat   egies developed under this subparagraph shall, at a minimum—   (iii) REQUIREMENTS FOR TARGETS AND STRATEGIES.—The targets and strat egies developed under this subparagraph shall, at a minimum—
(I) be based on the emission models and related methodologies es tablished in the final regulations re quired under øsection 841 of the Clean Air Act¿;   (I) be based on the emission models and related methodologies es tablished in the final regulations re quired under section 831 of the Clean Air Act;
(II) inventory all sources of sur face transportation-related greenhouse gas emissions; = (II) inventory all sources of sur face transportation-related greenhouse gas emissions;
(III) apply to those modes of surface transportation that are ad dressed in the planning process under this section; <> (III) apply to those modes of surface transportation that are ad   dressed in the planning process under this section;
 (IV) be integrated and con sistent with statewide transportation plans and statewide transportation improvement programs; and =  (IV) be integrated and con sistent with statewide transportation plans and statewide transportation improvement programs; and
(V) be selected through scenario analysis (as defined in section 134(k) of title 23), and include, pursuant to the requirements of the transportation planning process under this section, transportation investment and man agement strategies that reduce green   house gas emissions from the trans portation sector over the life of the plan, such as— <> (V) be selected through scenario analysis (as defined in section 134(k) of title 23), and include, pursuant to the requirements of the transportation planning process under this section, transportation investment and man agement strategies that reduce green house gas emissions from the trans portation sector over the life of the plan, such as—
(aa) efforts to increase public transportation ridership, including through service im provements, capacity expansions, and access enhancement; = (aa) efforts to increase public transportation ridership, including through service im provements, capacity expansions, and access enhancement;
(bb) efforts to increase walking, bicycling, and other forms of nonmotorized transpor tation; <> (bb) efforts to increase walking, bicycling, and other forms of nonmotorized transpor tation;   
(cc) implementation of zon ing and other land use regula tions and plans to support infill, transit-oriented development, re development, or mixed use devel opment; = (cc) implementation of zon ing and other land use regula tions and plans to support infill, transit-oriented development, re development, or mixed use devel opment;
(dd) travel demand man agement programs (including carpool, vanpool, or car-share projects), transportation pricing measures, parking policies, and programs to promote telecom   muting, flexible work schedules, and satellite work centers; <> (dd) travel demand man agement programs (including carpool, vanpool, or car-share projects), transportation pricing measures, parking policies, and programs to promote telecom muting, flexible work schedules, and satellite work centers;
(ee) surface transportation system operation improvements, including intelligent transpor tation systems or other oper ational improvements to reduce congestion and improve system management; = (ee) surface transportation system operation improvements, including intelligent transpor tation systems or other oper ational improvements to reduce congestion and improve system management;
(ff) intercity passenger rail improvements;   (ff) intercity passenger rail improvements;
(gg) intercity bus improve ments; <> (gg) intercity bus improve ments;   
(hh) freight rail improve ments; = (hh) freight rail improve ments;
(ii) use of materials or equipment associated with the construction or maintenance of transportation projects that re duce greenhouse gas emissions;   (ii) use of materials or equipment associated with the construction or maintenance of transportation projects that re duce greenhouse gas emissions;
(jj) public facilities for sup plying electricity to electric or plug-in hybrid-electric vehicles; or   (jj) public facilities for sup plying electricity to electric or plug-in hybrid-electric vehicles; or
(kk) any other effort that demonstrates progress in reduc   ing transportation-related green house gas emissions. <> (kk) any other effort that demonstrates progress in reduc ing transportation-related green house gas emissions.
(C) COORDINATION AND CONSULTATION WITH PUBLIC AGENCIES.—Transportation greenhouse gas targets and plans pursuant to this section shall be developed— = (C) COORDINATION AND CONSULTATION WITH PUBLIC AGENCIES.—Transportation greenhouse gas targets and plans pursuant to this section shall be developed—
(i) in coordination with—   (i) in coordination with—
 (I) all metropolitan planning or ganizations covered by this section within the State; and    (I) all metropolitan planning or ganizations covered by this section within the State; and
(II) transportation and air qual ity agencies within the State; and <> (II) transportation and air qual ity agencies within the State; and   
 (ii) in consultation with representa tives of State and local housing, economic development, and land use agencies. =  (ii) in consultation with representa tives of State and local housing, economic development, and land use agencies.
(D) ENFORCEMENT.—Not later than  days after the date of submission of a plan under this section—   (D) ENFORCEMENT.—Not later than  days after the date of submission of a plan under this section—
 (i) the Secretary and the Adminis trator shall review the plan; and    (i) the Secretary and the Adminis trator shall review the plan; and
(ii) the Secretary shall approve a plan developed by a State pursuant to sub paragraph (B) if—   (ii) the Secretary shall approve a plan developed by a State pursuant to sub paragraph (B) if—
 (I) the Secretary finds that a State has developed, submitted, and    published the plan pursuant to this section; <>  (I) the Secretary finds that a State has developed, submitted, and published the plan pursuant to this section;
(II) the Secretary, in consulta tion with the Administrator, deter mines that the plan is likely to achieve the targets established by the State under this subsection; and = (II) the Secretary, in consulta tion with the Administrator, deter mines that the plan is likely to achieve the targets established by the State under this subsection; and
(III) the development of the plan complies with the minimum re quirements established under clauses   (III) the development of the plan complies with the minimum re quirements established under clauses
(ii) and (iii) of subparagraph (B). <> (ii) and (iii) of subparagraph (B).   
(E) PLANNING FINDING.—Failure to comply with the requirements under subpara graph (B) shall not impact the planning finding under subsection (g)(7).’’. = (E) PLANNING FINDING.—Failure to comply with the requirements under subpara graph (B) shall not impact the planning finding under subsection (g)(7).’’.
(d) APPLICABILITY.—Section 304 of the Clean Air Act (42 U.S.C. 7604) shall not apply to the planning pro visions of this section. <> (d) APPLICABILITY.—Section 304 of the Clean Air Act (42 U.S.C. 7604) shall not apply to the planning pro visions of this section or any amendment made by this section.
(e) LAND USE AUTHORITY.—Nothing in this section or an amendment made by this section— = (e) LAND USE AUTHORITY.—Nothing in this section or an amendment made by this section—
(1) infringes on the existing authority of local governments to plan or control land use; or   (1) infringes on the existing authority of local governments to plan or control land use; or
(2) provides or transfers authority over land use to any other entity.    SEC. 113. TRANSPORTATION GRANT PROGRAM. <> (2) provides or transfers authority over land use to any other entity. SEC. 113. TRANSPORTATION GREENHOUSE GAS EMISSION REDUCTION PROGRAM GRANTS. Part C of title VIII of the Clean Air Act (as amended by section 112) is amended by adding at the end the fol lowing: SEC. 832. TRANSPORTATION GREENHOUSE GAS EMISSION REDUCTION PROGRAM GRANTS.
(a) IN GENERAL.—The Secretary of Transportation = (a) IN GENERAL.—The Secretary of Transportation
(referred to in this section as the ‘‘Secretary’’) shall pro vide grants to States and metropolitan planning organiza tions to carry out the purposes of this section for each fiscal year— <> (referred to in this section as the ‘Secretary’) shall provide grants to States and metropolitan planning organizations    to carry out the purposes of this section for each fiscal year—
(1) to support the developing and updating of transportation greenhouse gas reduction targets and strategies; and = (1) to support the developing and updating of transportation greenhouse gas reduction targets and strategies; and
(2) to provide financial assistance to implement plans approved pursuant to— <> (2) to provide financial assistance to imple ment plans approved pursuant to—
(A) sections 134(k)(6) and 135(f)(9) of title 23, United States Code; and = (A) sections 134(k)(6) and 135(f)(9) of title 23, United States Code; and
(B) sections 5305(k)(6) and 5304(f)(9) of title 49, United States Code. <> (B) sections 5303(k)(6) and 5304(f)(9) of title 49, United States Code.
(b) PLANNING GRANTS.— = (b) PLANNING GRANTS.—
(1) IN GENERAL.—Subject to paragraph (2), the Secretary shall allocate not more than lll  percent of the funds available pursuant to øsection 131(b)¿ for a fiscal year for metropolitan planning organizations to develop and update transportation plans, including targets and strategies for green house gas emission reduction under— <> (1) IN GENERAL.—Subject to paragraph (2), the Secretary shall allocate not more than 5 percent of the funds available to carry out this section for a fiscal year for metropolitan planning organizations to develop and update transportation plans, includ ing targets and strategies for greenhouse gas emis sion reduction under—
(A) sections 134(k)(6) and 135(f)(9) of title 23, United States Code; and      (A) sections 134(k)(6) and 135(f)(9) of title 23, United States Code; and
(B) sections 5305(k)(6) and 5304(f)(9) of title 49, United States Code.   (B) sections 5303(k)(6) and 5304(f)(9) of title 49, United States Code.
(2) ELIGIBLE ORGANIZATIONS.—The Secretary shall distribute the funds available in (1) to metro politan planning organizations (as defined in section 134(k)(7) of title 23, United States Code) in the proportion that—   (2) ELIGIBLE ORGANIZATIONS.—The Sec retary shall distribute the funds available in (1) to    metropolitan planning organizations (as defined in section 134(k)(7) of title 23, United States Code) in the proportion that—
 (A) the population within such a metropoli tan planning organization; bears to    (A) the population within such a metro politan planning organization; bears to
 (B) the total population of all such metro politan planning organizations.    (B) the total population of all such met ropolitan planning organizations.
(c) PERFORMANCE GRANTS.— = (c) PERFORMANCE GRANTS.—
(1) IN GENERAL.—The Secretary shall distribute ø ll 14 percent¿ of the amounts available pursuant to øsection 131(b)¿ for a fiscal year as grants to States and metropolitan planning organi zations. <> (1) IN GENERAL.—After allocating funds pur suant to subsection (b)(1), the Secretary shall use the remainder of amounts made available to carry out this section to provide grants to States and met ropolitan planning organizations.
(2) CRITERIA.—In providing grants under this subsection, the Secretary, in consultation with the Administrator, shall develop criteria for providing the grants, taking into consideration, with respect to areas to be covered by the grants— = (2) CRITERIA.—In providing grants under this subsection, the Secretary, in consultation with the Administrator, shall develop criteria for providing the grants, taking into consideration, with respect to areas to be covered by the grants—
 (A) the quantity of total greenhouse gas emissions to be reduced as a result of imple mentation of a plan, within a covered area, as    determined by methods established under øsec tion 841(a) of the Clean Air Act¿; <>  (A) the quantity of total greenhouse gas emissions to be reduced as a result of imple mentation of a plan, within a covered area, as determined by methods established under sec tion 831(a);
 (B) the quantity of total greenhouse gas emissions to be reduced per capita as a result of implementation of a plan, within the covered area, as determined by methods established under øsection 841(a) of the Clean Air Act¿;    (B) the quantity of total greenhouse gas emissions to be reduced per capita as a result    of implementation of a plan, within the covered area, as determined by methods established under section 831(a);
 (C) the cost-effectiveness of reducing greenhouse gas emissions during the life of the plan; =  (C) the cost-effectiveness of reducing greenhouse gas emissions during the life of the plan;
(D) progress toward achieving emission re ductions target established under— <> (D) progress toward achieving emission reductions target established under—
(i) sections 134(k)(6) and 135(f)(9) of title 23, United States Code; and = (i) sections 134(k)(6) and 135(f)(9) of title 23, United States Code; and
(ii) sections 5305(k)(6) and 5304(f)(9) of title 49, United States Code; <> (ii) sections 5303(k)(6) and 5304(f)(9) of title 49, United States Code;
(E) reductions in greenhouse gas emissions previously achieved by States and metropolitan planning organizations during the 5-year period beginning on the date of enactment of this Act;   (E) reductions in greenhouse gas emis sions previously achieved by States and metro politan planning organizations during the 5- year period beginning on the date of enactment of this Act;
(F) plans that increase transportation op tions and mobility, particularly for low-income individuals, minorities, the elderly, households without motor vehicles, cost-burdened house holds, and the disabled; and      (F) plans that increase transportation op tions and mobility, particularly for low-income individuals, minorities, the elderly, households without motor vehicles, cost-burdened house holds, and the disabled; and
(G) other factors, including innovative ap proaches, minimization of costs, and consider ation of economic development, revenue genera tion, consumer fuel cost-savings, and other eco nomic, environmental and health benefits, as the Secretary determines to be appropriate.   (G) other factors, including innovative ap proaches, minimization of costs, and consider ation of economic development, revenue genera   tion, consumer fuel cost-savings, and other eco nomic, environmental and health benefits, as the Secretary determines to be appropriate.
(d) REQUIREMENT FOR REDUCED EMISSIONS.—A performance grant under subsection (c) may be used only to fund strategies that demonstrate a reduction in green house gas emissions that is sustainable over the life of the applicable transportation plan. = (d) REQUIREMENT FOR REDUCED EMISSIONS.—A performance grant under subsection (c) may be used only to fund strategies that demonstrate a reduction in green house gas emissions that is sustainable over the life of the applicable transportation plan.
(e) COST-SHARING.—The Federal share of the costs of a project receiving Federal financial assistance under this section shall be 80 percent.   (e) COST-SHARING.—The Federal share of the costs of a project receiving Federal financial assistance under this section shall be 80 percent.
(f) COMPLIANCE WITH APPLICABLE LAWS.—   (f) COMPLIANCE WITH APPLICABLE LAWS.—
(1) IN GENERAL.—Subject to paragraph (2), a project receiving funds under this section shall com ply with all applicable Federal laws (including regu lations), including—   (1) IN GENERAL.—Subject to paragraph (2), a project receiving funds under this section shall com ply with all applicable Federal laws (including regu lations), including—
(A) subchapter IV of chapter 31 of title 40, United States Code; and   (A) subchapter IV of chapter 31 of title 40, United States Code; and
(B) applicable requirements of titles  and 49, United States Code.   (B) applicable requirements of titles  and 49, United States Code.
(2) ELIGIBILITY.—Project eligibility shall be determined in accordance with this section.    <> (2) ELIGIBILITY.—Project eligibility shall be determined in accordance with this section.
(3) DETERMINATION OF APPLICABLE MODAL REQUIREMENTS.—The Secretary shall—   (3) DETERMINATION OF APPLICABLE MODAL REQUIREMENTS.—The Secretary shall—   
(A) have the discretion to designate the specific modal requirements that shall apply to a project; and = (A) have the discretion to designate the specific modal requirements that shall apply to a project; and
(B) be guided by the predominant modal characteristics of the project in the event that a project has cross-modal application.   (B) be guided by the predominant modal characteristics of the project in the event that a project has cross-modal application.
(g) ADDITIONAL REQUIREMENTS.—   (g) ADDITIONAL REQUIREMENTS.—
(1) IN GENERAL.—As a condition on the receipt of financial assistance under this section, the inter ests of public transportation employees affected by the assistance shall be protected under arrangements that the Secretary of Labor determines— <> (1) IN GENERAL.—As a condition on the re ceipt of financial assistance under this section, the interests of public transportation employees affected by the assistance shall be protected under arrange ments that the Secretary of Labor determines—
(A) to be fair and equitable; and = (A) to be fair and equitable; and
(B) to provide benefits equal to the bene fits established under section 5333(b) of title 49, United States Code.   (B) to provide benefits equal to the bene fits established under section 5333(b) of title 49, United States Code.
(2) WAGES AND BENEFITS.—Laborers and me chanics employed on projects funded with amounts made available under this section shall be paid wages and benefits not less than those determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code, to be prevailing in the same locality.    <> (2) WAGES AND BENEFITS.—Laborers and mechanics employed on projects funded with amounts made available under this section shall be paid wages and benefits not less than those deter mined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code, to be prevailing in the same locality.
(h) MISCELLANEOUS.—   (h) MISCELLANEOUS.—   
(1) ROAD-USE AND CONGESTION PRICING MEASURES.—All projects funded by amounts made available under this section shall be eligible to re ceive amounts collected through road-use and con gestion pricing measures. = (1) ROAD-USE AND CONGESTION PRICING MEASURES.—All projects funded by amounts made available under this section shall be eligible to re ceive amounts collected through road-use and con gestion pricing measures.
(2) LIMITATIONS.—The Administrator may not approve any transportation plan for a project that would be inconsistent with existing design, procure ment, and construction guidelines established by the Department of Transportation. <> (2) LIMITATIONS.—The Administrator may not approve any transportation plan for a project that would be inconsistent with existing design, pro curement, and construction guidelines established by the Department of Transportation.
(3) SUBGRANTEES.—With the approval of the Secretary, recipients of funding under this section may enter into agreements providing for the transfer of funds to noneligible public entities (such as local governments, air quality agencies, zoning commis sions, special districts and transit agencies) that have statutory responsibility or authority for actions necessary to implement the strategies pursuant to— = (3) SUBGRANTEES.—With the approval of the Secretary, recipients of funding under this section may enter into agreements providing for the transfer of funds to noneligible public entities (such as local governments, air quality agencies, zoning commis sions, special districts and transit agencies) that have statutory responsibility or authority for actions necessary to implement the strategies pursuant to—
(A) sections 134(k)(6) and 135(f)(9) of title 23, United States Code; and   (A) sections 134(k)(6) and 135(f)(9) of title 23, United States Code; and
(B) sections 5305(k)(6) and 5304(f)(9) of title 49, United States Code.    SEC. 114. SMARTWAY TRANSPORTATION EFFICIENCY PRO GRAM. Part B of title VIII of the Clean Air Act, as added by section 111 of this Act, is amended by adding after section 821 the following: SEC. 822. SMARTWAY TRANSPORTATION EFFICIENCY PRO GRAM. <> (B) sections 5303(k)(6) and 5304(f)(9) of title 49, United States Code.’’.    SEC. 114. SMARTWAY TRANSPORTATION EFFICIENCY PRO GRAM. Part B of title VIII of the Clean Air Act (as amended by section 111) is amended by adding at the end the fol lowing: SEC. 822. SMARTWAY TRANSPORTATION EFFICIENCY PRO GRAM.
(a) IN GENERAL.—There is established within the Environmental Protection Agency a SmartWay Transpor tation Efficiency Program to quantify, demonstrate, and promote the benefits of technologies, products, fuels, and operational strategies that reduce petroleum consumption, air pollution, and greenhouse gas emissions from the mo bile source sector. = (a) IN GENERAL.—There is established within the Environmental Protection Agency a SmartWay Transpor tation Efficiency Program to quantify, demonstrate, and promote the benefits of technologies, products, fuels, and operational strategies that reduce petroleum consumption, air pollution, and greenhouse gas emissions from the mo bile source sector.
(b) GENERAL DUTIES.—Under the program estab lished under this section, the Administrator shall carry out each of the following:   (b) GENERAL DUTIES.—Under the program estab lished under this section, the Administrator shall carry out each of the following:
(1) Development of measurement protocols to evaluate the energy consumption and greenhouse gas impacts from technologies and strategies in the mo bile source sector, including those for passenger transport and goods movement.   (1) Development of measurement protocols to evaluate the energy consumption and greenhouse gas impacts from technologies and strategies in the mo bile source sector, including those for passenger transport and goods movement.
(2) Development of qualifying thresholds for certifying, verifying, or designating energy-efficient, low-greenhouse gas SmartWay technologies and    strategies for each mode of passenger transportation and goods movement.   (2) Development of qualifying thresholds for certifying, verifying, or designating energy-efficient, low-greenhouse gas SmartWay technologies and    strategies for each mode of passenger transportation and goods movement.
(3) Development of partnership and recogni tion programs to promote best practices and drive demand for energy-efficient, low-greenhouse gas transportation performance.   (3) Development of partnership and recogni tion programs to promote best practices and drive demand for energy-efficient, low-greenhouse gas transportation performance.
(4) Promotion of the availability of, and en couragement of the adoption of, SmartWay certified or verified technologies and strategies, and publica tion of the availability of financial incentives, such as assistance from loan programs and other Federal and State incentives.   (4) Promotion of the availability of, and en couragement of the adoption of, SmartWay certified or verified technologies and strategies, and publica tion of the availability of financial incentives, such as assistance from loan programs and other Federal and State incentives.
(c) SMARTWAY TRANSPORT FREIGHT PARTNER SHIP.—The Administrator shall establish a SmartWay Transport Partnership program with shippers and carriers of goods to promote energy-efficient, low-greenhouse gas transportation. In carrying out such partnership, the Ad ministrator shall undertake each of the following:   (c) SMARTWAY TRANSPORT FREIGHT PARTNER SHIP.—The Administrator shall establish a SmartWay Transport Partnership program with shippers and carriers of goods to promote energy-efficient, low-greenhouse gas transportation. In carrying out such partnership, the Ad ministrator shall undertake each of the following:
(1) Verification of the energy and greenhouse gas performance of participating freight carriers, in cluding those operating rail, trucking, marine, and other goods movement operations.   (1) Verification of the energy and greenhouse gas performance of participating freight carriers, in cluding those operating rail, trucking, marine, and other goods movement operations.
(2) Publication of a comprehensive energy and greenhouse gas performance index of freight modes   (2) Publication of a comprehensive energy and greenhouse gas performance index of freight modes
(including rail, trucking, marine, and other modes of    transporting goods) and individual freight companies so that shippers can choose to deliver their goods more efficiently.   (including rail, trucking, marine, and other modes of    transporting goods) and individual freight companies so that shippers can choose to deliver their goods more efficiently.
(3) Development of tools for—   (3) Development of tools for—
(A) carriers to calculate their energy and greenhouse gas performance; and   (A) carriers to calculate their energy and greenhouse gas performance; and
(B) shippers to calculate the energy and greenhouse gas impacts of moving their prod ucts and to evaluate the relative impacts from transporting their goods by different modes and corporate carriers.   (B) shippers to calculate the energy and greenhouse gas impacts of moving their prod ucts and to evaluate the relative impacts from transporting their goods by different modes and corporate carriers.
(4) Provision of recognition opportunities for participating shipper and carrier companies dem onstrating advanced practices and achieving superior levels of greenhouse gas performance.   (4) Provision of recognition opportunities for participating shipper and carrier companies dem onstrating advanced practices and achieving superior levels of greenhouse gas performance.
(d) IMPROVING FREIGHT GREENHOUSE GAS PER FORMANCE DATABASES.—The Administrator shall, in co ordination with the Secretary of Commerce and other ap propriate agencies, define and collect data on the physical and operational characteristics of the Nation’s truck popu lation, with special emphasis on data related to energy ef ficiency and greenhouse gas performance to inform the performance index published under subsection (c)(2) of this section, and other means of goods transport as nec   essary, at least every 5 years as part of the economic cen sus required under title 13, United States Code.   (d) IMPROVING FREIGHT GREENHOUSE GAS PER FORMANCE DATABASES.—The Administrator shall, in co ordination with the Secretary of Commerce and other ap propriate agencies, define and collect data on the physical and operational characteristics of the Nation’s truck popu lation, with special emphasis on data related to energy ef ficiency and greenhouse gas performance to inform the performance index published under subsection (c)(2) of this section, and other means of goods transport as nec   essary, at least every 5 years as part of the economic cen sus required under title 13, United States Code.
(e) ESTABLISHMENT OF FINANCING PROGRAM.— The Administrator shall establish a SmartWay Financing Program to competitively award funding to eligible entities identified by the Administrator in accordance with the program requirements in subsection (g).   (e) ESTABLISHMENT OF FINANCING PROGRAM.— The Administrator shall establish a SmartWay Financing Program to competitively award funding to eligible entities identified by the Administrator in accordance with the program requirements in subsection (g).
(f) PURPOSES.—Under the SmartWay Financing Program, eligible entities shall—   (f) PURPOSES.—Under the SmartWay Financing Program, eligible entities shall—
 (1) use funds awarded by the Administrator to provide flexible loan and/or lease terms that increase approval rates or lower the costs of loans and/or leases in accordance with guidance developed by the Administrator;    (1) use funds awarded by the Administrator to provide flexible loan and/or lease terms that increase approval rates or lower the costs of loans and/or leases in accordance with guidance developed by the Administrator;
(2) make such loans and/or leases available to public and private entities for the purpose of adopt ing low-greenhouse gas technologies or strategies for the mobile source sector that are designated by the Administrator; and   (2) make such loans and/or leases available to public and private entities for the purpose of adopt ing low-greenhouse gas technologies or strategies for the mobile source sector that are designated by the Administrator; and
 (3) use funds provided by the Administrator for electrification of freight transportation systems in major national goods movement corridors, giving priority to electrification of transportation systems in areas that are gateways for high volumes of inter national and national freight transport and require    substantial criteria pollutant emission reductions in order to attain national ambient air quality stand ards.    (3) use funds provided by the Administrator for electrification of freight transportation systems in major national goods movement corridors, giving priority to electrification of transportation systems in areas that are gateways for high volumes of inter national and national freight transport and require    substantial criteria pollutant emission reductions in order to attain national ambient air quality stand ards.
(g) PROGRAM REQUIREMENTS.—The Administrator shall determine program design elements and require ments, including—   (g) PROGRAM REQUIREMENTS.—The Administrator shall determine program design elements and require ments, including—
 (1) the type of financial mechanism with which to award funding, in the form of grants and/ or contracts;    (1) the type of financial mechanism with which to award funding, in the form of grants and/ or contracts;
 (2) the designation of eligible entities to re ceive funding, such as State, tribal, and local gov ernments, regional organizations comprised of gov ernmental units, nonprofit organizations, or for-prof it companies;    (2) the designation of eligible entities to re ceive funding, such as State, tribal, and local gov ernments, regional organizations comprised of gov ernmental units, nonprofit organizations, or for-prof it companies;
(3) criteria for evaluating applications from el igible entities, including anticipated—   (3) criteria for evaluating applications from el igible entities, including anticipated—
(A) cost-effectiveness of loan or lease pro gram on a metric-ton-of-greenhouse gas-saved per-dollar basis; and   (A) cost-effectiveness of loan or lease pro gram on a metric-ton-of-greenhouse gas-saved per-dollar basis; and
(B) ability to promote the loan or lease program and associated technologies and strate gies to the target audience; and   (B) ability to promote the loan or lease program and associated technologies and strate gies to the target audience; and
(4) reporting requirements for entities that re ceive awards, including—      (4) reporting requirements for entities that re ceive awards, including—   
(A) actual cost-effectiveness and green house gas savings from the loan or lease pro gram based on a methodology designated by the Administrator;   (A) actual cost-effectiveness and green house gas savings from the loan or lease pro gram based on a methodology designated by the Administrator;
 (B) the total number of applications and number of approved applications; and    (B) the total number of applications and number of approved applications; and
(C) terms granted to loan and lease re cipients compared to prevailing market prac tices and/or rates.   (C) terms granted to loan and lease re cipients compared to prevailing market prac tices and/or rates.
(h) AUTHORIZATION OF APPROPRIATIONS.—Such sums as necessary are authorized to be appropriated to the Administrator to carry out this section.’’. Subtitle B—Carbon Capture and Sequestration SEC. 121. NATIONAL STRATEGY.   (h) AUTHORIZATION OF APPROPRIATIONS.—Such sums as necessary are authorized to be appropriated to the Administrator to carry out this section.’’. Subtitle B—Carbon Capture and Sequestration SEC. 121. NATIONAL STRATEGY.
(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Administrator, in con sultation with the Secretary of Energy and the heads of such other relevant Federal agencies as the President may designate, shall submit to Congress a report setting forth a unified and comprehensive strategy to address the key legal, regulatory and other barriers to the commercial scale deployment of carbon capture and sequestration. <> (a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Administrator, in con sultation with the Secretary of Energy, the Secretary of the Interior, and the heads of such other relevant Federal agencies as the President may designate, shall submit to Congress a report establishing a unified and comprehen sive strategy to address the key legal, regulatory, and other barriers to the commercial-scale deployment of car bon capture and storage.  
(b) BARRIERS.—The report under this section shall—      (b) BARRIERS.—The report under this section shall—
    (1) identify the regulatory, legal, and other gaps and barriers that—
    (A) could be addressed by a Federal agen cy using existing statutory authority;
    (B) require Federal legislation, if any; or
    (C) would be best addressed at the State, tribal, or regional level;
(1) identify those regulatory, legal, and other gaps and barriers that could be addressed by a Fed eral agency using existing statutory authority, those, if any, that require Federal legislation, and those that would be best addressed at the State or re gional level;   (2) identify regulatory implementation chal lenges, including challenges relating to approval of State and tribal programs and delegation of author ity for permitting; and
(2) identify regulatory implementation chal lenges, including those related to approval of State programs and delegation of authority for permitting; and   (3) recommend rulemakings, Federal legisla tion, or other actions that should be taken to further evaluate and address those barriers.
(3) recommend rulemakings, Federal legisla tion, or other actions that should be taken to further evaluate and address such barriers. SEC. 122. REGULATIONS FOR GEOLOGICAL SEQUESTRA TION SITES.   (c) FINDING.—Congress finds that it is in the public interest to achieve widespread, commercial-scale deploy ment of carbon capture and storage in the United States and throughout Asia before January 1, 2030. SEC. 122. REGULATIONS FOR GEOLOGICAL SEQUESTRA TION SITES.
(a) COORDINATED CERTIFICATION AND PERMITTING PROCESS.—Title VIII of the Clean Air Act, as added by section 421 of this Act, is amended by adding after section 812 (as added by section 125 of this division) the fol lowing: SEC. 813. REGULATIONS FOR GEOLOGICAL SEQUESTRA TION SITES.   (a) COORDINATED CERTIFICATION AND PERMITTING PROCESS.—Part A of title VIII of the Clean Air Act (as   amended by section 124 of this division) is amended by adding at the end the following: SEC. 813. GEOLOGICAL STORAGE SITES.
    (a) COORDINATED PROCESS.—
(a) COORDINATED PROCESS.—The Administrator shall establish a coordinated approach to certifying and permitting geological sequestration, taking into consider   ation all relevant statutory authorities. In establishing such approach, the Administrator shall—   (1) IN GENERAL.—The Administrator shall es tablish a coordinated approach to certifying and per mitting geological storage, taking into consideration all relevant statutory authorities.
    (2) REQUIREMENTS.—In establishing such ap proach, the Administrator shall—
(1) take into account, and reduce redundancy with, the requirements of section 1421 of the Safe Drinking Water Act (42 U.S.C. 300h), including the rulemaking for geological sequestration wells de scribed at 73 Fed. Reg. 43492–43541 (July 25, 2008); and   (A) take into account, and reduce redun dancy with, the requirements of section 1421 of the Safe Drinking Water Act (42 U.S.C. 300h), including the rulemaking for geological storage wells described in the proposed rule entitled ‘Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon Dioxide (CO2) Geologic Sequestration (GS) Wells’ (73 Fed. Reg. 43492 (July 25, 2008)); and
(2) to the extent practicable, reduce the bur den on certified entities and implementing authori ties.   (B) to the maximum extent practicable, reduce the burden on certified entities and im plementing authorities.
(b) REGULATIONS.—Not later than 2 years after the date of enactment of this title, the Administrator shall promulgate regulations to protect human health and the environment by minimizing the risk of escape to the at mosphere of carbon dioxide injected for purposes of geo logical sequestration.   (b) REGULATIONS.—Not later than 2 years after the date of enactment of this title, the Administrator shall    promulgate regulations to protect human health and the environment by minimizing the risk of escape to the at mosphere of carbon dioxide injected for purposes of geo logical storage.
(c) REQUIREMENTS.—The regulations under sub section (b) shall include— = (c) REQUIREMENTS.—The regulations under sub section (b) shall include—
(1) a process to obtain certification for geo logical sequestration under this section; and <> (1) a process to obtain certification for geo logical storage under this section; and
(2) requirements for— = (2) requirements for—
(A) monitoring, record keeping, and re porting for emissions associated with injection into, and escape from, geological sequestration    sites, taking into account any requirements or protocols developed under section 713; <> (A) monitoring, recordkeeping, and re porting for emissions associated with injection into, and escape from, geological storage sites, taking into account any requirements or proto cols developed under section 713;
(B) public participation in the certifi cation process that maximizes transparency; = (B) public participation in the certifi cation process that maximizes transparency;
 (C) the sharing of data between States, Indian tribes, and the Environmental Protec tion Agency; and <>  (C) the sharing of data among States, In dian tribes, and the Environmental Protection Agency; and
(D) other elements or safeguards nec essary to achieve the purpose set forth in sub section (b).   (D) other elements or safeguards nec essary to achieve the purpose described in sub section (b).
    (d) REPORT.—
(d) REPORT.—Not later than 2 years after the pro mulgation of regulations under subsection (b), and at 3- year intervals thereafter, the Administrator shall deliver to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on geological se questration in the United States, and, to the extent rel evant, other countries in North America. Such report shall include—   (1) IN GENERAL.—Not later than 2 years after the date of promulgation of regulations pursu   ant to subsection (b), and not less frequently than once every 3 years thereafter, the Administrator shall submit to the Committee on Energy and Com merce of the House of Representatives and the Com mittee on Environment and Public Works of the Senate a report describing geological storage in the United States, and, to the extent relevant, other countries in North America.
    (2) INCLUSIONS.—Each report under para graph (1) shall include—
(1) data regarding injection, emissions to the atmosphere, if any, and performance of active and closed geological sequestration sites, including those where enhanced hydrocarbon recovery operations occur;      (A) data regarding injection, emissions to the atmosphere, if any, and performance of ac tive and closed geological storage sites, includ ing those at which enhanced hydrocarbon recov ery operations occur;
(2) an evaluation of the performance of rel evant Federal environmental regulations and pro grams in ensuring environmentally protective geo logical sequestration practices;   (B) an evaluation of the performance of relevant Federal environmental regulations and programs in ensuring environmentally protec tive geological storage practices;
(3) recommendations on how such programs and regulations should be improved or made more effective; and   (C) recommendations on how those pro grams and regulations should be improved or made more effective; and
(4) other relevant information.’’.   (D) other relevant information.’’.   
(b) SAFE DRINKING WATER ACT STANDARDS.—Sec tion 1421 of the Safe Drinking Water Act (42 U.S.C. 300h) is amended by inserting after subsection (d) the fol lowing:   (b) SAFE DRINKING WATER ACT STANDARDS.—Sec tion 1421 of the Safe Drinking Water Act (42 U.S.C. 300h) is amended by adding at the end the following:
(e) CARBON DIOXIDE GEOLOGICAL SEQUESTRA TION WELLS.—   (e) CARBON DIOXIDE GEOLOGICAL STORAGE WELLS.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this subsection, the Admin istrator shall promulgate regulations under sub section (a) for carbon dioxide geological sequestra tion wells.   (1) IN GENERAL.—Not later than 1 year after the date of enactment of this subsection, the Admin istrator shall promulgate regulations under sub section (a) for carbon dioxide geological storage wells.
(2) FINANCIAL RESPONSIBILITY.—The regula tions referred to in paragraph (1) shall include re quirements for maintaining evidence of financial re sponsibility, including financial responsibility for emergency and remedial response, well plugging, site closure, and post-injection site care. Financial re   sponsibility may be established for carbon dioxide geological sequestration wells in accordance with regulations promulgated by the Administrator by any one, or any combination, of the following: insur ance, guarantee, trust, standby trust, surety bond, letter of credit, qualification as a self-insurer, or any other method satisfactory to the Administrator.’’. SEC. 123. STUDIES AND REPORTS.   (2) FINANCIAL RESPONSIBILITY.—
    (A) IN GENERAL.—The regulations under paragraph (1) shall include requirements for maintaining evidence of financial responsibility, including financial responsibility for emergency and remedial response, well plugging, site clo sure, and post-injection site care.
    (B) REGULATIONS.—Financial responsi bility may be established for carbon dioxide geo logical wells in accordance with regulations pro mulgated by the Administrator by any 1, or any combination, of the following:
    (i) Insurance.
    (ii) Guarantee.
    (iii) Trust.   
    (iv) Standby trust.
    (v) Surety bond.
    (vi) Letter of credit.
    (vii) Qualification as a self-insurer.
    (viii) Any other method satisfactory to the Administrator.’’. SEC. 123. STUDIES AND REPORTS.
(a) STUDY OF LEGAL FRAMEWORK FOR GEOLOGICAL SEQUESTRATION SITES.—   (a) STUDY OF LEGAL FRAMEWORK FOR GEOLOGICAL STORAGE SITES.—
(1) ESTABLISHMENT OF TASK FORCE.—As soon as practicable, but not later than 6 months after the date of enactment of this Act, the Adminis trator shall establish a task force to be composed of an equal number of subject matter experts, non governmental organizations with expertise in envi ronmental policy, academic experts with expertise in environmental law, State officials with environmental expertise, representatives of State Attorneys Gen eral, and members of the private sector, to conduct a study of—   (1) ESTABLISHMENT OF TASK FORCE.—
    (A) IN GENERAL.—As soon as practicable, but not later than 180 days after the date of enactment of this Act, the Administrator shall establish a task force, to be composed of an equal number of—
    (i) subject matter experts;
    (ii) nongovernmental organizations with expertise regarding environmental pol icy;
    (iii) academic experts with expertise in environmental law;
    (iv) State and tribal officials with en vironmental expertise;
    (v) representatives of State and tribal attorneys general;   
    (vi) representatives of the Environ mental Protection Agency, the Department of the Interior, the Department of Energy, the Department of Transportation, and other relevant Federal agencies; and
    (vii) members of the private sector.
    (B) STUDY.—The task force established under subparagraph (A) shall conduct a study of—
(A) existing Federal environmental stat utes, State environmental statutes, and State common law that apply to geological sequestra tion sites for carbon dioxide, including the abil   ity of such laws to serve as risk management tools;   (i) existing Federal environmental statutes, State environmental statutes, and State common law that apply to geological storage sites for carbon dioxide, including the ability of those laws to serve as risk management tools;
(B) the existing statutory framework, in cluding Federal and State laws, that apply to harm and damage to the environment or public health at closed sites where carbon dioxide in jection has been used for enhanced hydrocarbon recovery;   (ii) the existing statutory framework, including Federal and State laws, that apply to harm and damage to the environ ment or public health at closed sites at which carbon dioxide injection has been used for enhanced hydrocarbon recovery;
(C) the statutory framework, environ mental health and safety considerations, imple mentation issues, and financial implications of potential models for Federal, State, or private sector assumption of liabilities and financial re sponsibilities with respect to closed geological sequestration sites;   (iii) the statutory framework, environ mental health and safety considerations, implementation issues, and financial impli cations of potential models for Federal,    State, or private sector assumption of li abilities and financial responsibilities with respect to closed geological storage sites;
(D) private sector mechanisms, including insurance and bonding, that may be available to manage environmental, health and safety risks from closed geological sequestration sites; and   (iv) private sector mechanisms, includ ing insurance and bonding, that may be available to manage environmental, health, and safety risks from closed geological storage sites; and
(E) the subsurface mineral rights, water rights, or property rights issues associated with geological sequestration of carbon dioxide.   (v) the subsurface mineral rights, water rights, and property rights issues as sociated with geological storage of carbon dioxide, including issues specific to Federal land.
(2) REPORT.—Not later than 18 months after the date of enactment of this Act, the task force es tablished under paragraph (1) shall submit to Con   gress a report describing the results of the study conducted under that paragraph including any con sensus recommendations of the task force.   (2) REPORT.—Not later than 18 months after the date of enactment of this Act, the task force es tablished under paragraph (1)(A) shall submit to Congress a report describing the results of the study conducted under that paragraph, including any con sensus recommendations of the task force.
(b) ENVIRONMENTAL STATUTES.— = (b) ENVIRONMENTAL STATUTES.—
(1) STUDY.—The Administrator shall conduct a study examining how, and under what cir cumstances, the environmental statutes for which the Environmental Protection Agency has responsi bility would apply to carbon dioxide injection and ge ological sequestration activities. <> (1) STUDY.—The Administrator shall conduct a study of the means by which, and under what cir cumstances, the environmental statutes for which the Environmental Protection Agency has responsi   bility would apply to carbon dioxide injection and ge ological storage activities.
(2) REPORT.—Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the re sults of the study conducted under paragraph (1). SEC. 124. DISTRIBUTION OF ASSISTANCE FOR COMMER CIAL DEPLOYMENT OF CARBON CAPTURE AND SEQUESTRATION. øPLACEHOLDER FOR AUTHORIZING LAN GUAGE¿. SEC. 125. PERFORMANCE STANDARDS FOR COAL-FUELED POWER PLANTS.   (2) REPORT.—Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the re sults of the study conducted under paragraph (1). SEC. 124. PERFORMANCE STANDARDS FOR COAL-FUELED POWER PLANTS.
(a) IN GENERAL.—Title VIII of the Clean Air Act    
(as added by section 121 of division B) is amended by adding the following new section after section 811:   SEC. 812. PERFORMANCE STANDARDS FOR NEW COAL FIRED POWER PLANTS.   (a) IN GENERAL.—Part A of title VIII of the Clean Air Act (as added by section 121 of division B) is amended by adding at the end the following: SEC. 812. PERFORMANCE STANDARDS FOR NEW COAL FIRED POWER PLANTS.
(a) DEFINITIONS.—For purposes of this section: = (a) DEFINITIONS.—For purposes of this section:
(1) COVERED EGU.—The term ‘covered EGU’ means a utility unit that is required to have a per mit under section 503(a) and is authorized under State or Federal law to derive at least 30 percent of its annual heat input from coal, petroleum coke, or any combination of these fuels.   (1) COVERED EGU.—The term ‘covered EGU’ means a utility unit that is required to have a per mit under section 503(a) and is authorized under State or Federal law to derive at least 30 percent of its annual heat input from coal, petroleum coke, or any combination of these fuels.
(2) INITIALLY PERMITTED.—The term ‘ini tially permitted’ means that the owner or operator has received a preconstruction approval or permit under this Act, for the covered EGU as a new (not a modified) source, but administrative review or ap peal of such approval or permit has not been ex hausted. A subsequent modification of any such ap proval or permits, ongoing administrative or court review, appeals, or challenges, or the existence or tolling of any time to pursue further review, appeals, or challenges shall not affect the date on which a covered EGU is considered to be initially permitted under this paragraph. <> (2) INITIALLY PERMITTED.—The term ‘ini tially permitted’ means that the owner or operator has received a preconstruction approval or permit under this Act, for the covered EGU as a new (not a modified) source, but administrative review or ap   peal of such approval or permit has not been ex hausted. A subsequent modification of any such ap proval or permits, ongoing administrative or court review, appeals, or challenges, or the existence or tolling of any time to pursue further review, appeals, or challenges shall not affect the date on which a covered EGU is considered to be initially permitted under this paragraph.
(b) STANDARDS.—(1) A covered EGU that is ini tially permitted on or after January 1, 2020, shall achieve an emission limit that is a 65 percent reduction in emis sions of the carbon dioxide produced by the unit, as    measured on an annual basis, or meet such more stringent standard as the Administrator may establish pursuant to subsection (c).   (b) STANDARDS.—(1) A covered EGU that is ini tially permitted on or after January 1, 2020, shall achieve an emission limit that is a 65 percent reduction in emis sions of the carbon dioxide produced by the unit, as measured on an annual basis, or meet such more stringent standard as the Administrator may establish pursuant to subsection (c).
(2) A covered EGU that is initially permitted after January 1, 2009, and before January 1, 2020, shall, by the applicable compliance date established under this paragraph, achieve an emission limit that is a 50 percent reduction in emissions of the carbon dioxide produced by the unit, as measured on an annual basis. Compliance with the requirement set forth in this paragraph shall be required by the earliest of the following: = (2) A covered EGU that is initially permitted after January 1, 2009, and before January 1, 2020, shall, by the applicable compliance date established under this paragraph, achieve an emission limit that is a 50 percent reduction in emissions of the carbon dioxide produced by the unit, as measured on an annual basis. Compliance with the requirement set forth in this paragraph shall be required by the earliest of the following:
(A) Four years after the date the Adminis trator has published pursuant to subsection (d) a re port that there are in commercial operation in the United States electric generating units or other sta tionary sources equipped with carbon capture and sequestration technology that, in the aggregate— <> (A) Four years after the date the Adminis trator has published pursuant to subsection (d) a re   port that there are in commercial operation in the United States electric generating units or other sta tionary sources equipped with carbon capture and sequestration technology that, in the aggregate—
(i) have a total of at least 4 gigawatts of nameplate generating capacity of which— = (i) have a total of at least 4 gigawatts of nameplate generating capacity of which—
(I) at least 3 gigawatts must be elec tric generating units; and   (I) at least 3 gigawatts must be elec tric generating units; and
 (II) up to 1 gigawatt may be indus trial applications, for which capture and sequestration of 3,000,000 tons of carbon dioxide per year on an aggregate    annualized basis shall be considered equiv alent to 1 gigawatt; <>  (II) up to 1 gigawatt may be indus trial applications, for which capture and sequestration of 3,000,000 tons of carbon dioxide per year on an aggregate annualized basis shall be considered equiv alent to 1 gigawatt;
(ii) include at least 2 electric generating units, each with a nameplate generating capac ity of 250 megawatts or greater, that capture, inject, and sequester carbon dioxide into geo logic formations other than oil and gas fields; and = (ii) include at least 2 electric generating units, each with a nameplate generating capac ity of 250 megawatts or greater, that capture, inject, and sequester carbon dioxide into geo logic formations other than oil and gas fields; and
(iii) are capturing and sequestering in the aggregate at least 12,000,000 tons of carbon dioxide per year, calculated on an aggregate annualized basis.   (iii) are capturing and sequestering in the aggregate at least 12,000,000 tons of carbon dioxide per year, calculated on an aggregate annualized basis.
(B) January 1, 2025. <> (B) January 1, 2025.   
(3) If the deadline for compliance with paragraph = (3) If the deadline for compliance with paragraph
(2) is January 1, 2025, the Administrator may extend the deadline for compliance by a covered EGU by up to  months if the Administrator makes a determination, based on a showing by the owner or operator of the unit, that it will be technically infeasible for the unit to meet the standard by the deadline. The owner or operator must submit a request for such an extension by no later than January 1, 2022, and the Administrator shall provide for public notice and comment on the extension request.   (2) is January 1, 2025, the Administrator may extend the deadline for compliance by a covered EGU by up to  months if the Administrator makes a determination, based on a showing by the owner or operator of the unit, that it will be technically infeasible for the unit to meet the standard by the deadline. The owner or operator must submit a request for such an extension by no later than January 1, 2022, and the Administrator shall provide for public notice and comment on the extension request.
(c) REVIEW AND REVISION OF STANDARDS.—Not later than 2025 and at 5-year intervals thereafter, the Ad   ministrator shall review the standards for new covered EGUs under this section and shall, by rule, reduce the maximum carbon dioxide emission rate for new covered EGUs to a rate which reflects the degree of emission limi tation achievable through the application of the best sys tem of emission reduction which (taking into account the cost of achieving such reduction and any nonair quality health and environmental impact and energy require ments) the Administrator determines has been adequately demonstrated. <> (c) REVIEW AND REVISION OF STANDARDS.—Not later than 2025 and at 5-year intervals thereafter, the Ad ministrator shall review the standards for new covered EGUs under this section and shall, by rule, reduce the maximum carbon dioxide emission rate for new covered EGUs to a rate which reflects the degree of emission limi tation achievable through the application of the best sys tem of emission reduction which (taking into account the cost of achieving such reduction and any nonair quality health and environmental impact and energy require ments) the Administrator determines has been adequately demonstrated.
(d) REPORTS.—Not later than 18 months after the date of enactment of this title and semiannually there after, the Administrator shall publish a report on the nameplate capacity of units (determined pursuant to sub section (b)(2)(A)) in commercial operation in the United States equipped with carbon capture and sequestration technology, including the information described in sub section (b)(2)(A) (including the cumulative generating ca pacity to which carbon capture and sequestration retrofit projects meeting the criteria described in section 786(b)(1)(A)(ii) and (b)(1)(A)(iv)(II) has been applied and the quantities of carbon dioxide captured and seques tered by such projects).   (d) REPORTS.—Not later than 18 months after the date of enactment of this title and semiannually there after, the Administrator shall publish a report on the    nameplate capacity of units (determined pursuant to sub section (b)(2)(A)) in commercial operation in the United States equipped with carbon capture and sequestration technology, including the information described in sub section (b)(2)(A) (including the cumulative generating ca pacity to which carbon capture and sequestration retrofit projects meeting the criteria described in section 775(b)(1)(A)(ii) and (b)(1)(A)(iv)(II) has been applied and the quantities of carbon dioxide captured and seques tered by such projects).
(e) REGULATIONS.—Not later than 2 years after the date of enactment of this title, the Administrator shall    promulgate regulations to carry out the requirements of this section.’’. øSEC. 126. CARBON CAPTURE AND SEQUESTRATION DEM ONSTRATION AND EARLY DEPLOYMENT PRO GRAM.¿ ø(a) DEFINITIONS.—For purposes of this section:¿ ø(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Energy.¿ ø(2) DISTRIBUTION UTILITY.—The term ‘‘dis tribution utility’’ means an entity that distributes electricity directly to retail consumers under a legal, regulatory, or contractual obligation to do so.¿ ø(3) ELECTRIC UTILITY.—The term ‘‘electric utility’’ has the meaning provided by section 3(22) of the Federal Power Act (16 U.S.C. 796(22)).¿ ø(4) FOSSIL FUEL-BASED ELECTRICITY.—The term ‘‘fossil fuel-based electricity’’ means electricity that is produced from the combustion of fossil fuels.¿ ø(5) FOSSIL FUEL.—The term ‘‘fossil fuel’’ means coal, petroleum, natural gas or any derivative of coal, petroleum, or natural gas.¿ ø(6) CORPORATION.—The term ‘‘Corporation’’ means the Carbon Storage Research Corporation es tablished in accordance with this section.¿    ø(7) QUALIFIED INDUSTRY ORGANIZATION.— The term ‘‘qualified industry organization’’ means the Edison Electric Institute, the American Public Power Association, the National Rural Electric Co operative Association, a successor organization of such organizations, or a group of owners or opera tors of distribution utilities delivering fossil fuel based electricity who collectively represent at least 20 percent of the volume of fossil fuel-based elec tricity delivered by distribution utilities to consumers in the United States.¿ ø(8) RETAIL CONSUMER.—The term ‘‘retail consumer’’ means an end-user of electricity.¿ ø(b) CARBON STORAGE RESEARCH CORPORATION.— ¿ ø(1) ESTABLISHMENT.— ø(A) REFERENDUM.—Qualified industry organizations may conduct, at their own ex pense, a referendum among the owners or oper ators of distribution utilities delivering fossil fuel-based electricity for the creation of a Car bon Storage Research Corporation. Such ref erendum shall be conducted by an independent auditing firm agreed to by the qualified indus try organizations. Voting rights in such ref   erendum shall be based on the quantity of fossil fuel-based electricity delivered to consumers in the previous calendar year or other representa tive period as determined by the Secretary pur suant to subsection (f). Upon approval of those persons representing two-thirds of the total quantity of fossil fuel-based electricity delivered to retail consumers, the Corporation shall be es tablished unless opposed by the State regu latory authorities pursuant to subparagraph   (e) REGULATIONS.—Not later than 2 years after the date of enactment of this title, the Administrator shall promulgate regulations to carry out the requirements of this section.’’. SEC. 125. CARBON CAPTURE AND SEQUESTRATION DEM ONSTRATION AND EARLY DEPLOYMENT PRO GRAM.
    (a) DEFINITIONS.—For purposes of this section:
    (1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Energy.
    (2) DISTRIBUTION UTILITY.—The term ‘‘dis tribution utility’’ means an entity that distributes electricity directly to retail consumers under a legal, regulatory, or contractual obligation to do so.   
    (3) ELECTRIC UTILITY.—The term ‘‘electric utility’’ has the meaning provided by section 3 of the Federal Power Act (16 U.S.C. 796).
    (4) FOSSIL FUEL-BASED ELECTRICITY.—The term ‘‘fossil fuel-based electricity’’ means electricity that is produced from the combustion of fossil fuels.
    (5) FOSSIL FUEL.—The term ‘‘fossil fuel’’ means coal, petroleum, natural gas or any derivative of coal, petroleum, or natural gas.
    (6) CORPORATION.—The term ‘‘Corporation’’ means the Carbon Storage Research Corporation es tablished in accordance with this section.
(B). All distribution utilities voting in the ref erendum shall certify to the independent audit ing firm the quantity of fossil fuel-based elec tricity represented by their vote.¿ ø(B) STATE REGULATORY AUTHORITIES.— Upon its own motion or the petition of a quali fied industry organization, each State regu latory authority shall consider its support or op position to the creation of the Corporation under subparagraph (A). State regulatory au thorities may notify the independent auditing firm referred to in subparagraph (A) of their views on the creation of the Corporation within 180 days after the date of enactment of this Act. If 40 percent or more of the State regu   latory authorities submit to the independent au diting firm written notices of opposition, the Corporation shall not be established notwith standing the approval of the qualified industry organizations as provided in subparagraph   (7) QUALIFIED INDUSTRY ORGANIZATION.—The term ‘‘qualified industry organization’’ means the Edison Electric Institute, the American Public Power Association, the National Rural Electric Co operative Association, a successor organization of such organizations, or a group of owners or opera tors of distribution utilities delivering fossil fuel based electricity who collectively represent at least 20 percent of the volume of fossil fuel-based elec tricity delivered by distribution utilities to consumers in the United States.
    (8) RETAIL CONSUMER.—The term ‘‘retail con sumer’’ means an end-user of electricity.   
    (b) CARBON STORAGE RESEARCH CORPORATION.—
    (1) ESTABLISHMENT.—
(A).¿ ø(2) TERMINATION.—The Corporation shall be authorized to collect assessments and conduct oper ations pursuant to this section for a 10-year period from the date 6 months after the date of enactment of this Act. After such 10-year period, the Corpora tion is no longer authorized to collect assessments and shall be dissolved on the date 15 years after such date of enactment, unless the period is ex tended by an Act of Congress.¿ ø(3) GOVERNANCE.—The Corporation shall op erate as a division or affiliate of the Electric Power Research Institute (referred to in this section as EPRI’’) and be managed by a Board of not more than 15 voting members responsible for its oper ations, including compliance with this section. EPRI, in consultation with the Edison Electric Institute, the American Public Power Association and the Na tional Rural Electric Cooperative Association shall appoint the Board members under clauses (i), (ii),    and (iii) of subparagraph (A) from among can didates recommended by those organizations. At least a majority of the Board members appointed by EPRI shall be representatives of distribution utilities subject to assessments under subsection (d).¿ ø(A) MEMBERS.—The Board shall include at least 1 representative of each of the fol lowing:¿ ø(i) Investor-owned utilities.¿ ø(ii) Utilities owned by a State agen cy, a municipality, and an Indian tribe.¿ ø(iii) Rural electric cooperatives.¿ ø(iv) Fossil fuel producers.¿ ø(v) Nonprofit environmental organi zations.¿ ø(vi) Independent generators or wholesale power providers.¿ ø(vii) Consumer groups.¿   (A) REFERENDUM.—Qualified industry or ganizations may conduct, at their own expense, a referendum among the owners or operators of distribution utilities delivering fossil fuel-based electricity for the creation of a Carbon Storage Research Corporation. Such referendum shall be conducted by an independent auditing firm agreed to by the qualified industry organiza tions. Voting rights in such referendum shall be based on the quantity of fossil fuel-based elec tricity delivered to consumers in the previous calendar year or other representative period as determined by the Secretary pursuant to sub section (f). Upon approval of those persons rep resenting two-thirds of the total quantity of fos sil fuel-based electricity delivered to retail con sumers, the Corporation shall be established un less opposed by the State regulatory authorities pursuant to subparagraph (B). All distribution utilities voting in the referendum shall certify to the independent auditing firm the quantity of fossil fuel-based electricity represented by