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  WHITEHOUSE ENERGY AND ENVIRONMENT    
     

         

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   S. 1462, American Clean Energy Leadership Act
ACELA Text (908.7 KBs)
ACELA Report (600.7 KBs)
ACELA Page Guide (28.3 KBs)
ACELA Full Summary (217.4 KBs)
ACELA Letters of Support (3.7 MBs)
ACELA Bipartisan Committee Amendments (399.4 KBs)

             ACELA Short Summary

The American Clean Energy Leadership Act of 2009

Committee on Energy and Natural Resources

United States Senate

Highlights

On June 17, 2009, the Senate Committee on Energy and Natural Resources voted 15 to 8 to
report a new original bill, the American Clean Energy Leadership Act of 2009. This balanced,
comprehensive, and bipartisan energy legislation will—
• accelerate the introduction of new clean energy technologies in the United States, creating
new jobs and helping businesses grow through clean energy project financing, a renewable
electricity standard, and a robust and secure national electricity transmission highway;
• increase energy efficiency in buildings, major equipment, and appliances, saving consumers
and businesses billions of dollars on their energy bills;
• enhance America’s energy independence by increasing clean energy supplies and energy
security, including new access to over 20 trillion cubic feet of clean natural gas resources;
• strengthen America as the world leader in energy innovation, by doubling our national
investment in energy research and technology;
• build a new energy workforce for the future;
• protect consumers by making energy markets more transparent and fair, and by providing
new tools to fight market manipulation; and
• tackle future energy and climate challenges with smarter, more integrated planning.
Key Provisions
Key provisions in the American Clean Energy Leadership Act:
Set up a new Clean Energy Deployment Administration to facilitate tens of billions of dollars in
new financing to get breakthrough clean energy technologies introduced into U.S. markets and
expanded as quickly as possible.
Require electric utilities nationwide to meet 15% of their electricity sales throuGH renewablEsources of energy (e.g., the sun, the wind, biomass, geothermal energy hydropower) or energy efficiency by 2021.
Establish an “interstate highway system” for electricity by creating a new bottoms-up planning
system for a national transmission grid -- based on regional, State, and local planning and input;
allowing States to take the initial lead in deciding where to build high-priority national
transmission projects; ensuring that if an impasse develops over high-priority projects that have
been identified in the consensus planning process, that they can proceed with Federal authority
as a backstop; and making sure that the costs of “interstate highway system” transmission
projects are shared fairly.
Promote distributed generation by harmonizing and streamlining the current patchwork of
interconnection standards and processes. It directs the Federal Energy Regulatory Commission
to establish a national interconnection standard for small power production facilities (15 kW or
less) which would cover nearly all residential-sized distributed generation.
Revitalize America’s manufacturing industries by boosting their use of clean energy and energy
efficiency, so that they remain competitive – and we prevent American jobs from being lost
overseas -- as energy costs rise in the future.
Improve efficiency in buildings, homes, equipment, appliances, and the Federal government, to
cut costs to consumers and stop energy waste.
Ensure that the U.S. electrical grid is protected from cyber vulnerabilities, threats, and attacks, by
giving the Secretary of Energy and the Federal Energy Regulatory Commission the authority and
responsibility to respond quickly to threats and attacks that might emerge.
Modernize the Strategic Petroleum Reserve through the creation of a 30-million barrel petroleum
product reserve, so that U.S. supplies of gasoline and diesel fuel will not face sudden shortfalls
and price spikes due to the shutdown of refineries by hurricanes and other natural disasters, as
occurred in 2008.
Open the Eastern Gulf of Mexico to leasing and exploration for oil and gas, making over 3.8
billion barrels of new oil resources and 21.5 trillion cubic feet of new natural gas resources
available.
Lay out a 4-year integrated plan to double the U.S. investment in energy innovation and
technology, to a total of almost $6.6 billion, with a complementary set of programs to enhance
energy jobs training and workforce development. The bill also facilitates the large-scale
demonstration and early deployment of carbon dioxide capture and storage technologies, by
providing a legal and regulatory framework for the first 10 “early-mover” projects.
Protect U.S. energy consumers and businesses from energy price manipulation and volatility by
increasing the transparency of what is happening in oil markets in the United States and around
the world – including the role of financial markets in driving oil prices -- and by giving U.S.
energy regulators the same strong enforcement authorities against market tampering and
manipulation that are now available in financial markets.
Reform the Federal energy planning process by requiring a new comprehensive energy plan one
year into each new Presidential term, and by providing a baseline of specific studies of resources
and international climate and energy policies.
An Open and Bipartisan Process
The American Clean Energy Leadership Act is based on 6 major bills, all with bipartisan
sponsorship, and 5 other bills with either Republican or Democratic sponsorship, that were
introduced in the Senate in this Congress. Key provisions of the bill were developed through
over 39 bipartisan staff briefings, 20 formal hearings, and 11 open business meetings of the
Committee on Energy and Natural Resources. During the Committee’s process of writing the
bill, 100 amendments were considered and adopted, most on a bipartisan basis and many
unanimously. The result is a significant bipartisan achievement that will serve as a foundation
for advancing this key energy legislation through the full Senate.

 

 

 

 

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                                                                             WHITEHOUSE

 

Energy & Environment

"So we have a choice to make.  We can remain one of the world's leading importers of foreign oil, or we can make the investments that would allow us to become the world's leading exporter of renewable energy.  We can let climate change continue to go unchecked, or we can help stop it.  We can let the jobs of tomorrow be created abroad, or we can create those jobs right here in America and lay the foundation for lasting prosperity."

Progress

  • The American Recovery and Reinvestment Act included more than $80 billion in clean energy investments that will jump-start our economy and build the clean energy jobs of tomorrow:
    • $11 billion for a bigger, better, and smarter grid that will move renewable energy from the rural places it is produced to the cities where it is mostly used, as well as for 40 million smart meters to be deployed in American homes.
    • $5 billion for low-income home weatherization projects.
    • $4.5 billion to green federal buildings and cut our energy bill, saving taxpayers billions of dollars.
    • $6.3 billion for state and local renewable energy and energy efficiency efforts.
    • $600 million in green job training programs – $100 million to expand line worker training programs and $500 million for green workforce training.
    • $2 billion in competitive grants to develop the next generation of batteries to store energy.
  • Increasing, for the first time in more than a decade, the fuel economy standards for Model Year 2011 for cars and trucks so they will get better mileage, saving drivers money and spurring companies to develop more innovative products.
  • The President issued a memorandum to the Department of Energy to implement more aggressive efficiency standards for common household appliances, like dishwashers and refrigerators. Through this step, over the next three decades, we’ll save twice the amount of energy produced by all the coal-fired power plants in America in any given year.
  • Supporting the first steps of a legally-binding treaty to reduce mercury emissions worldwide.
  • On Earth Day 2009, the President unveiled a program to develop the renewable energy projects on the waters of our Outer Continental Shelf that produce electricity from wind, wave, and ocean currents. These regulations will enable, for the first time ever, the nation to tap into our ocean’s vast sustainable resources to generate clean energy in an environmentally sound and safe manner.

Guiding Principles

To take this country in a new direction, the President is working with Congress to pass comprehensive legislation to protect our nation from the serious economic and strategic risks associated with our reliance on foreign oil and the destabilizing effects of a changing climate.  Policies to advance energy and climate security should promote economic recovery efforts, accelerate job creation, and drive clean energy manufacturing by:

Investing in the Clean Energy Jobs of the Future

President Obama does not accept a future in which the jobs and industries of tomorrow take root beyond our borders.  It is time for the United States to lead again. Under President Obama, we will lead again, by developing an American clean energy industry, a 21st century economy that flourishes within our borders.

  • Creating new Jobs in the Clean Energy Economy. Drive the development of new, green jobs that pay well and cannot be outsourced.
  • Investing in the Next Generation of Energy Technologies. Invest $150 billion over ten years in energy research and development to transition to a clean energy economy.

Securing our Energy Future

Our reliance on oil poses a threat to our economic security.  Over the last few decades, we have watched our economy rise and fall along with the price of a barrel of oil. We must commit ourselves to an economic future in which the strength of our economy is not tied to the unpredictability of oil markets.   We must make the investments in clean energy sources that will curb our dependence on fossil fuels and make America energy independent.

  • Breaking Dependence on Oil. Promote the next generation of cars and trucks and the fuels they run on.
  • Producing More Energy at Home. Enhance U.S. energy supplies through responsible development of domestic renewable energy, fossil fuels, advanced biofuels and nuclear energy.
  • Promoting Energy Efficiency. Promote investments in the transportation, electricity, industrial, building and agricultural sectors that reduce energy bills.

Closing the Carbon Loophole and Cracking Down on Polluters

We must take immediate action to reduce the carbon pollution that threatens our climate and sustains our dependence on fossil fuels. We have had limits in place on pollutants like sulfur dioxide, nitrogen dioxide, and other harmful emissions for some time.  After decades of inaction, we will finally close the carbon pollution loophole by limiting the amount of carbon polluters are allowed to pump into the atmosphere.

  • Closing the Carbon Loophole. By stemming carbon pollution through a market-based cap, we can address in a systematic way all the energy challenges that we face: curbing our dependence on foreign oil, reducing our use of fossil fuels, and promoting new industries right here in America.
  • Protecting American Consumers. Revenues generated by closing the carbon loophole will be returned to the people, especially vulnerable families, communities, and businesses.
  • Promoting U.S. Competitiveness. Ensure a level playing field for domestic manufacturing and secure significant actions to combat climate change by our trading partners.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

WRI Summary of the Carbon Limits and Energy for America's Renewal Act

This summary provides a concise overview of S. 2877, the Carbon Limits and Energy for America’s Renewal Act (herein referred to as CLEARA), as introduced by Senators Cantwell and Collins on December 11, 2009.

Note: Small revisions were made to clarify certain aspects of the fossil fuel carbon cap targets and the price ceiling contained in the CLEAR act.

CLEARA would establish a program to limit the sale of carbon contained in all fossil fuels sold in the United States. Revenue generated from the program is primarily distributed to eligible U.S. citizens through dividend payments with some revenue set aside for other purposes.

This summary follows the structure of the bill except where we believe it facilitates understanding by grouping related components together. For more information on specific components of CLEARA, please refer to the actual legislative language as referenced by section and page number in this document.1

Global Warming Pollution Reduction Targets and Timetables2

Goals and Caps. CLEARA sets non-binding economy-wide greenhouse gas (GHG) emissions reduction goals (Sec. 3, pg. 7) and a mandatory annual cap on the quantity of fossil fuel carbon that may be sold into commerce in the United States (Sec. 4, pg. 8);

  • Goals: CLEARA requires the president to set non-binding economy-wide GHG emissions reduction goals and instructs the president to meet these goals through a combination of the fossil fuel carbon cap and expenditures from a fund created by CLEARA, the “Clean Energy Reinvestment Trust Fund” (or CERT, defined and explained below) which is subject to annual appropriations by Congress. The goals are:
    • 2020: 20 percent below 2005 (~7 percent below 1990)
    • 2025: 25 percent below 2005 (~12 percent below 1990)
    • 2030: 42 percent below 2005 (~33 percent below 1990)
    • 2050: 83 percent below 2005 (~80 percent below 1990)
  • Caps: CLEARA requires the secretary of the Treasury to set a mandatory limit on the sale of fossil fuel carbon on the following schedule indexed to 2012 emissions levels (as projected in 2011; reductions relative to 2005 and 1990 levels are contingent on the actual level of the fossil fuel carbon cap in 2012):
    • 2012: 0 percent below 2012
    • 2020: 5 percent below 2012
    • 2030: 29 percent below 2012
    • 2050: 82 percent below 2012

Adjustments to the fossil fuel carbon cap. The president may increase or decrease the number of carbon shares3 available for auction if he/she submits to Congress a notification of the modification and Congress passes a joint resolution approving the modification within 30 days (Sec. 4(a)(2)(C), pg. 10). The president may submit a notification modification to the cap for the following reasons:

  • Changes in climate science
  • To avoid dangerous interference with the climate system
  • Any international obligations of the United States
  • To preserve the international competitiveness of the United States
  • To account for permanently sequestered carbon
  • To provide a sufficient price signal to spur private investment in clean energy research, development and deployment
  • If annual appropriations from Congress are insufficient to meet standards in Sec. 3

Point of Regulation, Emissions Reporting and Coverage

Covered gases: Carbon contained in fossil fuels that ultimately will be combusted and emitted into the atmosphere as CO2 (Sec. 2(8), pg. 3).

Mandatory reporting: Emissions reporting is not referred to in this legislation.

Point of regulation: A completely upstream approach is used with all entities covered at the start of the program in 2012. All first-sellers of fossil fuel carbon into the U.S. economy are required to hold allowances for all fossil fuel carbon sold (Sec. 4(a)(1)(B), pg. 9). The limitation covers approximately 81 percent of total U.S. GHG emissions in 2005.

Allowance Value Distribution

Distribution of Value: 100 percent of all allowances are auctioned to regulated entities. Auction proceeds are divided as follows:

  • 75 percent of proceeds are deposited in the Carbon Refund Trust Fund (Sec. 4(f)(2), pg. 28)
  • 25 percent of proceeds are deposited in the Clean Energy Reinvestment Trust Fund (Sec. 6(b)(1)(A), pg. 33)

Auction procedure: Only regulated entities may participate in auctions. Auctions are initially held monthly though the secretary of the Treasury may change the frequency under certain circumstances (Sec. 4(b), pg. 20).

Expenditures from the Funds:

  • Amounts in the Carbon Refund Trust Fund are available for the purpose of paying energy security dividends (Sec. 4(f)(3), pg. 28) (See Assistance During the Transition to a Low Carbon Economy section below),
  • Amounts in the CERT Fund could be available, subject to budget authority and annual congressional appropriations, for a range of purposes (Sec. 6(c)(1), pg. 33-37). There is no guaranteed amount of spending for any particular purpose. Purposes eligible for funding include (See Assistance During the Transition to a Low Carbon Economy and Clean Energy, Efficiency and Supplemental Greenhouse Gas Reductions sections below):
    • Worker, community and business transition assistance,
    • Addressing competitiveness impacts on energy-intensive industries, and
    • Supporting clean energy, efficiency and supplemental GHG emissions reductions

Clean Energy, Efficiency and Supplemental Greenhouse Gas Reductions

CERT Fund: CLEARA establishes a trust fund in the U.S. Treasury called the “Clean Energy Reinvestment Trust Fund,” Subject to annual appropriations from Congress, the president is given general discretion to request from Congress the use of CERT Funds to support programs and initiatives that provide incentives, loans and grants to (Sec. 6, pgs. 33 – 37):

  • Invest in clean energy and fuels research, development and deployment activities
  • Fund efficiency projects, including weatherization for low-income and public buildings
  • Support residential fuel switching
  • Provide matching grants for energy efficiency consumer loan recipients
  • Fund offset-like domestic and international projects that verifiably reduce, avoid or sequester GHG emissions through forestry and other land use practices
  • Curtail emissions of non-fossil fuel GHGs, black carbon and other emissions that affect the climate

Efficiency Consumer Loan Program: The secretary of the Treasury would establish a program for any qualifying individual to borrow against any future dividend (see Assistance During the Transition to a Low Carbon Economy section below) to invest in energy efficiency or other clean energy technologies that would reduce the individual’s energy bills and reduce GHG emissions (Sec. 5, pg. 31).

Reimbursement for Sequestered Carbon: In addition to the aggregate annual carbon shares limit, the secretary of Treasury is required to issue carbon shares for fossil fuel carbon that is:

  • Verifiably sequestered in a carbon capture and storage facility
  • Re-injected into an oil-and-gas reinjection project, or
  • Embedded in manufactured products (Sec. 4(c), pg. 25)

Voluntary Carbon Reductions: The secretary of the Treasury is required to reduce the aggregate annual carbon shares limit by an amount equal to the total quantity of all verifiable carbon reductions attributable solely to voluntary emissions reductions efforts (Sec. 4(d), pg. 26).

Cost Containment

Trading: Regulated entities and certain other recipients of allowances may only conduct allowances transactions on a dedicated public exchange. No other entities may conduct such transactions (Sec. 4(b)(7()A), pg. 23).

Banking and Borrowing:

  • Banking: All allowances except safety-valve allowances may be used for compliance as much as ten years after the initial date of issuance (Sec. 4(b)(5), pg. 22).
  • Borrowing: Borrowing is not expressly permitted; however, compliance periods may last up to two years allowing entities flexibility to sell fossil fuel carbon without holding allowances, in effect a form of borrowing for a brief period of time (Sec. 4(a)(1)(B), pg. 9).

Price collar: CLEARA sets minimum and maximum prices for allowances available at each auction (Sec. 4(a)(4), pg. 13):

  • Price floor: No allowance shall be sold at auction for less than $7 (in 2012 dollars) in 2012. The price floor increases at a rate of 6.5 percent per year plus the rate of inflation.
  • Price ceiling (referred to as the safety-valve price): An unlimited amount of allowances shall be sold at auction if prices rise to the price ceiling, which is initially set at $21 (in 2012 dollars) in 2012. Any allowances sold at the price ceiling are in addition to those issued under the fossil fuel carbon cap. The price ceiling increases at a rate of 5.5 percent per year plus the rate of inflation.
    • Use of safety-valve allowances: Any purchaser of safety-valve allowances must use them for compliance within 90 days of purchase.
    • Proceeds from the sale of safety-valve allowances are deposited in the CERT fund and are intended to be used for programs that curtail non-fossil fuel GHG emissions or increase sequestration within the United States, subject to annual appropriations (Sec. 4(b)(4)(C), pg. 21).

Offsets: Only allowances released at auction or distributed for reimbursement may be used for compliance by regulated entities; therefore, offsets may not be used for compliance.

Assistance During the Transition to a Low Carbon Economy

Energy Security Dividend: Each qualified individual in the United States shall receive a per-capita Energy Security Dividend on a monthly basis issued under a program administered by the secretary of the Treasury (Sec. 5, pg. 29).

  • Funding: All dividend payments are funded through auction proceeds deposited in the Carbon Refund Trust Fund.
  • Dividend amount: Each dividend payment will be equal to the total amount of auction proceeds available in the Carbon Refund Trust Fund each month divided by the total number of qualified individuals.
  • Qualified individuals: all individuals who lawfully reside in the United States
  • Taxation: Energy Security dividends are not subject to income taxation

International Competitiveness:

  • Targeted Relief Funds for Exporters (Sec. 4(a)(6), pg 16):
    • Beginning in 2013, the secretary of Treasury must distribute compensation from the CERT Fund, subject to annual appropriations, to exporting energy-intensive industries that are “unable to compete due to unfair market prices arising from disparate fossil carbon limits or fees among countries”
    • Relief funding would be provided to entities as compensation for additional costs, per unit of production output, arising from “disparate carbon limits among countries,” with priority to the most competitively disadvantaged sectors.
    • 6 months after enactment (and periodically thereafter), the secretary of the Treasury would propose data sources and methodologies to identify sectors and commodities that should receive funding under this provision.
  • Border Carbon Adjustment (Sec. 4(a)(7), pg 18):
    • Beginning in 2013, the secretary of Treasury must impose fees on importers for fossil fuel carbon emissions associated with the production of imported commodities.
    • Such fee would only apply if domestic producers of such goods would be “demonstrably disadvantaged economically” without the fees, the country of origin “does not impose comparable fees or limits” on fossil fuel carbon emissions, and if it is implemented in a manner consistent with trade agreements and treaties to which the United States is a party. All revenues would be deposited in the CERT fund.
    • 6 months after enactment (and periodically thereafter), the secretary of the Treasury would propose data sources and methodologies to identify sectors and commodities covered by this provision.

Worker, community and business transition assistance: Subject to annual appropriations from Congress, the president may use CERT Funds to carry out programs and initiatives that provide incentives, loans and grants to provide targeted, region-specific assistance (Sec. 6, pgs. 33 – 37):

  • To those in the United States “experiencing the greatest economic dislocation due to efforts to reduce carbon emissions…”
  • For early retirement of carbon-intensive U.S. assets that are “stranded by new market dynamics”
  • To those in the United States that experience the most negative impacts from climate change
  • For workforce training for careers in energy efficiency, renewable energy and other emerging “clean technology industries”
  • To help low-income families pay utility bills
  • To support climate change or ocean acidification mitigation and adaptation programs and research
  • To support energy consumer protection advocacy programs

Carbon Market Access and Oversight

Market access and limits: Only regulated entities may participate in auctions and in transactions conducted over dedicated allowance exchanges (Sec. 4(b)(2), pg. 21).

  • Limits on allowance purchases and holdings: Regulated entities are subject to limits on annual purchases of allowances and cumulative allowance holdings set by the secretary of the Treasury (Sec. 4(b)(6), pg. 22).
  • Limits on allowance transactions: Regulated entities may only conduct allowances transactions on a public exchange administered by the secretary of the Treasury (Sec. 4(b)(7()A), pg. 23).

Derivative Markets: Regulated entities are prohibited from buying, selling or creating allowance derivatives. Only non-regulated entities may engage in derivative transactions. Any derivative markets that arise will be subject to oversight and regulations set by the secretary of the Treasury in consultation with other agencies (Sec. 4(b)(8), pg. 24).

Download the Complete Summary (PDF, 4 pages, 146 Kb) (includes footnotes and references


  1. Page numbers apply to the Carbon Limits and Energy for America’s Renewal Act as introduced. 
  2. See WRI’s analysis of emission reductions under CLEARA 
  3. We use the terms “emissions allowance,” “allowance,” and “carbon share” interchangeably in this summary document (whereas the legislation refers to “carbon shares”). 
  • John Larsen, Senior Associate
    John Larsen is a Senior Associate in the Climate and Energy Program at the World Resources Institute.

    jlarsen@wri.org+1 (202) 729-7661

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Wednesday, May 12, 2010

The American Power Act: Whay They're Saying

 


“To create more of these clean energy jobs, we need more production, more efficiency, more incentives. And that means building a new generation of safe, clean nuclear power plants in this country. It means making tough decisions about opening new offshore areas for oil and gas development. It means continued investment in advanced biofuels and clean coal technologies. And, yes, it means passing a comprehensive energy and climate bill with incentives that will finally make clean energy the profitable kind of energy in America. I am grateful to the House for passing such a bill last year. And this year I'm eager to help advance the bipartisan effort in the Senate.”

- President Barack Obama

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Annual Energy Review 2008
Report No. DOE/EIA-0384(2008)
Release Date: June 26, 2009
Next Update: July 2010

U.S. Primary Energy Consumption by Source and Sector,  2008
(Quadrillion Btu)

U.S. Primary Energy Consumption by Source and Sector diagram - PDF Format (0.5 MB)

1Does not include the fuel ethanol portion of motor gasoline—fuel ethanol is included in "Renewable Energy."
2Excludes supplemental gaseous fuels.
3Includes less than 0.1 quadrillion Btu of coal coke net imports.
4Conventional hydroelectric power, geothermal, solar/PV, wind, and biomass.
5Includes industrial combined-heat-and-power (CHP) and industrial electricity-only plants.
6 Includes commercial combined-heat-and-power (CHP) and commercial electricity-only plants.
7Electricity-only and combined-heat-and-power (CHP) plants whose primary business is to sell electricity, or electricity and heat, to the public.

Note:  Sum of components may not equal 100 percent due to independent rounding.
Source:  U.S. Energy Information Administration, Annual Energy Review 2008, Tables 1.3, 2.1b-2.1f , 10.3, and 10.4.

 

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