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Full Text of this Amendment

SA 4822. Mr. WHITEHOUSE submitted an amendment intended to be proposed by him to the bill S. 3036, to direct the Administrator of the Environmental Protection Agency to establish a program to decrease emissions of greenhouse gases, and for other purposes; which was ordered to lie on the table; as follows:

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Calendar year  Percentage for auction for Climate Change Worker Training and Assistance Fund 
2012
 
3
 
2013
 
3
 
2014
 
3
 
2015
 
3
 
2016
 
2.5
 
2017
 
2.5
 
2018
 
2.5
 
2019
 
2.5
 
2020
 
2.5
 
2021
 
3
 
2022
 
3
 
2023
 
3
 
2024
 
3
 
2025
 
3
 
2026
 
2
 
2027
 
2
 
2028
 
3
 
2029
 
3
 
2030
 
3
 
2031
 
4
 
2032
 
4
 
2033
 
4
 
2034
 
4
 
2035
 
4
 
2036
 
4
 
2037
 
4
 
2038
 
4
 
2039
 
3
 
2040
 
3
 
2041
 
3
 
2042
 
3
 
2043
 
3
 
2044
 
3
 
2045
 
3
 
2046
 
3
 
2047
 
3
 
2048
 
3
 
2049
 
3
 
2050
 
3.


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Calendar year  Percentage for distribution among fossil fuel-fired electricity generators in United States 
2012
 
13
 
2013
 
13
 
2014
 
13
 
2015
 
13
 
2016
 
12.75
 
2017
 
12.5
 
2018
 
12.25
 
2019
 
11.25
 
2020
 
10
 
2021
 
8.5
 
2022
 
7.25
 
2023
 
6.25
 
2024
 
6
 
2025
 
5.75
 
2026
 
3.75
 
2027
 
3.5
 
2028
 
3.25
 
2029
 
3
 
2030
 
2.75.


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Calendar year  Percentage for auction for Climate Change Consumer Assistance Fund 
2012
 
15.25
 
2013
 
15.5
 
2014
 
15.5
 
2015
 
15.75
 
2016
 
16
 
2017
 
16.25
 
2018
 
15.75
 
2019
 
16.75
 
2020
 
16.75
 
2021
 
16.75
 
2022
 
16.75
 
2023
 
16.75
 
2024
 
16.75
 
2025
 
16.75
 
2026
 
16.75
 
2027
 
16.75
 
2028
 
16.75
 
2029
 
16.75
 
2030
 
17.75
 
2031
 
18
 
2032
 
18
 
2033
 
18
 
2034
 
19
 
2035
 
19
 
2036
 
19
 
2037
 
19
 
2038
 
19
 
2039
 
19
 
2040
 
19
 
2041
 
19
 
2042
 
19
 
2043
 
19
 
2044
 
19
 
2045
 
19
 
2046
 
19
 
2047
 
19
 
2048
 
19
 
2049
 
19
 
2050
 
19.


On page 204, between lines 2 and 3, insert the following:
SEC. 584. USE OF FUNDS.
(a) In General.--Subject to section 585, of amounts deposited in the Climate Change Consumer Assistance Fund under section 583, the Administrator shall use--
(1) of the proceeds from the auction of the initial 14 percent of the percentage of emission allowances auctioned under section 582 for each calendar year--
(A) not less than 50 percent to provide assistance to low-income households under the program described in subsection (b); and
(B) not less than 50 percent to provide an earned income tax credit in accordance with subsection (c); and
(2) the remaining proceeds from auctions under section 582 to carry out other tax initiatives to protect consumers, especially consumers in greatest need, from increases in energy and other costs as a result of this Act in accordance with subsection (d).
(b) Program for Offsetting Impacts on Lower-Income Americans.--
(1) DEFINITIONS.--In this subsection:
(A) ADMINISTRATOR.--The term ``Administrator'' means--
(i) the Administrator of the Environmental Protection Agency; or
(ii) the head of a Federal agency designated by the Administrator for the purposes of this subsection.
(B) ELDERLY OR DISABLED MEMBER.--The term ``elderly or disabled member'' has the meaning given the term in section 3 of the Food Stamp Act of 1977 (7 U.S.C. 2012).
(C) GROSS INCOME.--The term ``gross income'' means the gross income of a household that is determined in accordance with standards and procedures established under section 5 of the Food Stamp Act of 1977 (7 U.S.C. 2014).
(D) HOUSEHOLD.--The term ``household'' means--
(i) an individual who lives alone; or
(ii) a group of individuals who live together.
(E) POVERTY LINE.--The term ``poverty line'' has the meaning given the term in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by that section.
(F) PROGRAM.--The term ``Program'' means the Climate Change Rebate Program established under paragraph (2).
(G) STATE.--The term ``State'' means--
(i) each of the several States of the United States;
(ii) the District of Columbia;
(iii) the Commonwealth of Puerto Rico;
(iv) Guam;
(v) American Samoa;
(vi) the Commonwealth of the Northern Mariana Islands; and
(vii) the United States Virgin Islands.
(H) STATE AGENCY.--
(i) IN GENERAL.--The term ``State agency'' means an agency of State government that has responsibility for the administration of 1 or more federally aided public assistance programs within the State.
(ii) INCLUSIONS.--The term ``State agency'' includes--
(I) a local office of a State agency described in clause (i); and
(II) in a case in which federally aided public assistance programs of a State are operated on a decentralized basis, a counterpart local agency that administers 1 or more of those programs.
(2) CLIMATE CHANGE REBATE PROGRAM.--The Administrator shall establish and carry out a program, to be known as the ``Climate Change Rebate Program'', under which, at the request of a State agency, eligible low-income households within the State shall be provided an opportunity to receive compensation, through the issuance of a monthly rebate, for use in paying certain increased energy-related costs resulting from the regulation of greenhouse gas emissions under this Act.
(3) ELIGIBILITY.--The Administrator shall limit participation in the Program to--
(A) households that the applicable State agency determines meet the gross income test and the asset test standards described in section 5 of the Food Stamp Act of 1977 (7 U.S.C. 2014); and
(B) households that do not meet those standards, but that include 1 or more individuals who meet the standards described in section 1860D-14 of the Social Security Act (42 U.S.C. 1395w-114).
(C) LIMITATION.--The Administrator shall establish additional eligibility criteria to ensure that--
(i) only United States citizens, United States nationals, and lawfully residing immigrants are eligible to receive a rebate under the Program; and
(ii) each household does not receive more than 1 rebate per month under the Program.
(4) MONTHLY REBATE AMOUNT.--
(A) ESTABLISHMENT.--
(i) IN GENERAL.--The rebate available under the Program for each month of a calendar year shall be established by the Energy Information Administration, in consultation with other appropriate Federal agencies, by not later than October 1 of the preceding calendar year.
(ii) LIMITATION.--The aggregate amount of rebates distributed in any given year shall not exceed the amount described in subsection (a)(1).
(iii) SHORTAGE.--If the amount described in subsection (a)(4) is inadequate to provide monthly rebates to all eligible households, the Administrator shall devise an equitable proration to ensure that all eligible households receive the same portion of the full rebate the eligible households would have been eligible to receive if adequate funds had been provided
(B) METHOD OF CALCULATION.--With respect to the calculation of a monthly rebate under this paragraph--
(i) the maximum monthly rebate provided to a household during any calendar year shall be equal to \1/12\ of the projected average annual increase in the costs of goods and services for that calendar year that results from the regulation of greenhouse gas emissions under this Act, taking into consideration--
(I) the size of the household; and
(II) direct and indirect energy costs for consumers in the lowest-income quintile that is affected by the regulation of greenhouse gas emissions, net of the effect of any projected increase in Federal benefits resulting from higher cost-of-living adjustments based on higher energy-related costs;
(ii) each quintile referred to in clause (i)(II) shall--
(I) be based on income adjusted to account for household size; and
(II) represent an equal number of individuals; and
(iii) the amount shall be adjusted by household size, except that the same maximum rebate shall be--
(I) provided to households of 5 or more individuals; and
(II) based on the average cost increases for households of 5 or more individuals.
(C) GREATER THAN 130 PERCENT OF POVERTY LINE.--A household with a gross income that is greater than 130 percent of the poverty line shall not be eligible for a monthly rebate under this subsection.
(5) DELIVERY MECHANISM.--An eligible household shall receive a rebate through an electronic benefit transfer or direct deposit into a bank account designated by the eligible household.
(6) ADMINISTRATION.--
(A) IN GENERAL.--The State agency of each participating State shall assume responsibility for--
(i) the certification of households applying for monthly rebates under this subsection; and
(ii) the issuance, control, and accountability of those rebates.
(B) REIMBURSEMENT OF ADMINISTRATIVE COSTS.--
(i) IN GENERAL.--Subject to such standards as shall be established by the Administrator, the Administrator shall reimburse each State agency for a portion, as described in clauses (ii) and (iii), of the administrative costs involved in the operation by the State agency of the Program.
(ii) INITIAL 3 YEARS.--During the first 3 fiscal years of operation of the Program, the Administrator shall reimburse each State agency for--
(I) 75 percent of the administrative costs of delivering monthly rebates under this subsection; and
(II) 75 percent of any automated data processing improvements or electronic benefit transfer contract amendments that are necessary to provide the monthly rebates.
(iii) SUBSEQUENT YEARS.--During the fourth and subsequent years of operation of the Program, the Administrator shall reimburse each State agency for 50 percent of all administrative costs of delivering the monthly rebates under this subsection.
(C) TREATMENT.--
(i) NOT INCOME OR RESOURCES.--The value of a rebate provided under the Program shall not be considered to be income or a resource for any purpose under any Federal, State, or local law, including laws relating to an income tax, public assistance programs (such as health care, cash aid, child care, nutrition programs, and housing assistance).
(ii) ACTION BY STATE AND LOCAL GOVERNMENTS.--No State or local government a resident of which receives a rebate under the Program shall decrease any assistance that would otherwise be provided to the resident because of receipt of the rebate.
(c) Sense of Congress Regarding Earned Income Tax Credit.--It is the sense of Congress that--
(1) the proceeds from the auction of not less than 7 percent of the total quantity of emission allowances auctioned for each calendar year should be used to enhance the earned income tax credit under section 32 of the Internal Revenue Code of 1986 to assist lower-income workers to afford the energy-related costs associated with the regulation of greenhouse gas emissions; and
(2) the Administrator should structure the Climate Change Rebate Program under subsection (b) in a manner than ensures that the program phases out for eligible households that receive an enhanced earned income tax credit as described in this section.
(d) Sense of Congress Regarding Additional Tax Policies.--It is the sense of Congress that any additional amounts in the Climate Change Consumer Assistance Fund should be used to fund other tax initiatives to protect consumers, especially consumers in greatest need, from increases in energy and other costs as a result of this Act.
On page 204, line 3, strike ``
584'' and insert ``

585''.

On page 204, strike lines 8 through 14.
On page 205, line 4, strike ``9.5'' and insert ``5.5''.
On page 205, line 17, strike ``9.75'' and insert ``5.75''.
On page 206, line 6, strike ``10'' and insert ``6''.
Beginning on page 207, strike line 22 and all that follows through page 213, line 8.
On page 213, line 9, strike ``(d)'' and insert ``(c)''.
Beginning on page 214, strike line 1 and all that follows through 215, line 9, and insert the following:
(i) to fund cost-effective energy efficiency and demand response programs for all fuels and energy types or in customer-located renewable energy supply in the residential, commercial, and industrial sectors under the oversight of the regulatory agencies of local distribution companies, with significant funding for low-income programs that, in combination with other provisions of this Act, shall be designed to prevent energy bill increases for low-income customers associated with this Act;
(ii) if a local distribution company does not administer energy efficiency programs under the supervision of a regulatory agency, for provision by the local distribution company to the appropriate State energy officer, regulatory agency, or third-party selected by the regulatory agency for use in accordance with this section; and
(iii) during the 5-year period beginning on the date of enactment of this Act, if infrastructure and vendors are not available to cost-effectively implement expanded programs, to provide limited rebates for customers, especially low-income customers, if appropriate.
(B) STATEMENT OF ENCOURAGEMENT.--In carrying out programs under subparagraph (A), local distribution entities are encouraged to give first priority to lowest-income customers.
On page 216, strike lines 8 through 14, and insert the following:
(C)(i) how, and to what extent, the local distribution company used the proceeds of the sale of emission allowances, including the amount of the proceeds directed to each consumer class covered in the form of rebates, energy efficiency, demand response, and distributed generation; and
(ii) the benefits of the programs described in clause (i) with respect to energy and capacity savings and energy generation, using a consistent format and methodology to be developed by the Administrator.
Beginning on page 216, strike line 19 and all that follows through page 217, line 4.
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Calendar year  Percentage for allocation to Early Action Program 
2012
 
3
 
2013
 
3
 
2014
 
3
 
2015
 
2
 
2016
 
1.5
 
2017
 
1.5
 
2018
 
0.5
 
2019
 
0.5
 
2020
 
0.5
 
2021
 
0
 
2022
 
0
 
2023
 
0
 
2024
 
0
 
2025
 
0.




SA 4823 Mr. WHITEHOUSE submitted an amendment intended to be proposed by him to the bill S. 3036, to direct the Administrator of the Environmental Protection Agency to establish a program to decrease emissions of greenhouse gases, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:
SEC. __. INSTITUTES FOR OCEAN AND COASTAL ADAPTATION.
(a) Establishment.--The Administrator of the National Oceanic and Atmospheric Administration shall establish 4 regional institutes, to be known as ``Institutes for Ocean and Coastal Adaptation'', at institutions of higher education in the United States for research, planning, and related efforts to assess and prepare for the impacts of climate change on ocean and coastal areas, including the Great Lakes.
(b) Location.--The Administrator shall designate the location of 1 of the regional institutes established under subsection (a) at an institution of higher education in each of the following regions:
(1) The Northeast Region, which shall include Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, and Vermont.
(2) The Southeast and Gulf Coast Region, which shall include Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, Puerto Rico, South Carolina, Texas, Virginia, and the Virgin Islands.
(3) The Western/Pacific Region, which shall include Alaska, American Samoa, California, Guam, Hawaii, the Northern Mariana Islands, Oregon, and Washington.
(4) The Great Lakes Region, which shall include Illinois, Indiana, Michigan, Minnesota, and Ohio, and Wisconsin.
(c) Grants Authorized.--
(1) IN GENERAL.--The Administrator shall award grants to 4 institutions of higher education to carry out the purposes of this section.
(2) APPLICATION.--An institution of higher education seeking to operate an institute under this section shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may reasonably require.
(d) Schedule.--The Administrator shall--
(1) accept applications for grants under this section beginning not later than 9 months after the date of the enactment of this Act; and
(2) award all of the grants authorized under this section not later than 90 days after the first day on which applications are accepted.
(e) Objectives.--The Institutes for Ocean and Coastal Adaptation shall be centers of excellence that--
(1) document and predict coastal and ocean effects of climate change; and
(2) serve as a principal national and international resource for providing technical expertise on adaptation strategies for ocean and coastal areas to respond to climate change.
(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.


(As printed in the Congressional Record for the Senate on Jun 3, 2008.)