HomeMy WebLinkAboutStudy Session Agenda Packet 07-19-21STUDY SESSION AGENDA
CITY COUNCIL
CITY OF WHEAT RIDGE, COLORADO
July 19, 2021 6:30 p.m.
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Public Comment on Agenda Items
1.Outside Agency Committee recommendations
2.Colorado Communities for Climate Action membership
3. H.R.763 – Energy Innovation and Carbon Dividend Act of 2019
4.Staff Report(s)
5.Elected Officials’ Report(s)
ADJOURNMENT
Memorandum
TO: Mayor and City Council
THROUGH: Patrick Goff, City Manager
FROM: Marianne Schilling, Assistant to the City Manager
DATE: July 19, 2021
SUBJECT: Outside Agency Program Review Committee Recommendations
ISSUE: City Council created the Outside Agency Program Review Committee in June 2016 to review outside agency applications and present recommendations to City Council on the funding amounts each organization should receive. The purpose of creating this committee was to
provide an additional opportunity for residents to participate in the budget process, and to give
the committee members the opportunity to weigh community needs against available resources and provide recommendations to City Council.
BACKGROUND:
The total amount of funds distributed in early 2021 was $133,800. In May 2021, five new Wheat
Ridge residents were appointed by City Council to serve on the committee for a two-year term to expire in July 2022. Moving forward each year, new members will join for a two-year term so that the committee will be comprised of both experienced and new members each year.
District I: Jerry DiTullio District I: Vacant (Drop Out)
District II: Cathy Milkey District II: Lisa Rucker District III: Sheila Red District III: Laura McGarry District IV: Genevieve Wooden District IV: Carol Mathews
RECOMMENDATIONS: The committee reviewed applications and listened to presentations from 25 different community organizations, totaling $157,150 in requests. This is an overall reduction in funding requests of $13,850 compared to last year.
The total number of applicants is the same as last year; however, three new applications were received for the 2022 Outside Agency Program and three agencies from last year did not apply for funding. The three new applicants are Robbie’s Hope Foundation, Wheat Ridge Kiwanis and Friends of Stevens.
The review committee is recommending granting $133,800 to outside agencies in the 2021 budget. This is the same amount recommended as last year.
Item No. 1
Outside Agency Program Review Committee Recommendations July 19, 2021
Page 2
Several members of the committee will be present at the July 19, 2021 Study Session. Jerry DiTullio (District I) and Lisa Rucker (District II) will present the committee’s recommendations and answer any questions from Council.
Attachment(s): 1. Summary of each Outside Agency requesting funding
Outside Agency Organization 2021
Requests
2021
City Council
Awards
2022
Requests
2022
Committee
Recommendation
Active Transportation Advisory Team 1,000$ $ 1,000 $ 1,000 1,000$
Applewood Community Foundation 3,300$ $ 500 $ 3,000 500$
CASA of Jefferson & Gilpin Counties 5,000$ $ 5,000 $ 5,000 6,200$
Community Table 15,000$ $ 13,200 $ 15,000 13,000$
Family Tree 10,000$ $ 9,000 $ 10,000 10,000$
Feed the Future 8,000$ $ 8,000 $ 6,000 5,400$
Friends of Paha 2,900$ $ 1,600 $ 1,900 1,900$
Institute for Environmental Solutions 5,000$ $ 2,600 $ 5,000 3,100$
Jefferson Center for Mental Health 5,000$ $ 5,000 $ 9,500 10,600$
Jefferson County Library Foundation 1,200$ $ 1,200 $ 1,750 1,400$
Jewish Family Services 6,000$ $ 3,400 $ 6,000 3,700$
Outdoor Lab Foundation 20,000$ $ 14,400 $ 20,000 13,800$
Regional Air Quality Council 3,700$ $ 1,000 $ 4,000 3,400$
Robbie's Hope Foundation -$ $ - $ 3,000 2,000$
Seniors' Resource Center 15,000$ $ 13,000 $ 20,000 18,500$
Sunshine Home Share 3,500$ $ 2,700 $ 3,000 2,200$
The Action Center 5,000$ $ 5,000 $ 7,500 6,000$
Wheat Ridge Community Foundation 9,800$ $ 5,800 $ 7,500 6,200$
Wheat Ridge Grange 5,000$ $ 4,000 $ 4,000 2,900$
Wheat Ridge Kiwanis -$ $ - $ 2,000 1,300$
Wheat Ridge High School STEM program 15,000$ $ 15,000 $ 10,000 10,000$
Wheat Ridge Optimist Club 1,500$ $ 1,500 $ 2,000 1,500$
Events
Lutheran Medical Center Foundation 5,000$ $ 2,800 $ 5,000 3,200$
Farmers 5000 4,000$ $ 3,600 $ 5,000 5,000$
Friends of Stevens (FOS)-$ $ - $ 1,000 1,000$
Total 171,000*133,800*157,150$ 133,800$
red = new applicant for 2022
* = total number includes previous award recipients that did not apply this year
2022 Outside Agency Review Committee Recommendations
Outside Agency Program Applicant Description of Program Description of Request
Active Transportation Advisory Team The Wheat Ridge Active Transportation Advisory
Team serves and engages the community by
connecting people of all ages, resources and
abilities with positive opportunities to safely
navigate the city without a car.
Request includes funding to:
• Continue current initiatives, focusing on
increasing safety through education, outreach
and enforcement.
• Support and provide input on the Bicycle and
Pedestrian Master Plan and the NRS.
• Focus on sidewalk and bike lane policy
discussions.
• Improve outreach encouragement with
vulnerable populations including seniors, kids and
low income residents.
• Purchase low-cost replacement parts to
refurbish bikes for community members in need.
Applewood Community Foundation The mission of Applewood Community Foundation
is to support business and community development
in the greater Applewood area. It endeavors to
foster community pride, local leadership, and
neighborhood improvement in all aspects of our
charitable activities.
Request includes funding for:
Creation of grant opportunities for community
activities, schools, non-profits and small
businesses in Applewood.
CASA of Jefferson & Gilpin Counties CASA of Jeffco/Gilpin's mission is to recruit, train
and manage volunteers who serve as independent
lay advocates for children who are victims of
neglect and physical and/or sexual abuse.
Request includes funding for:
CASA Jeffco/Gilpin to recruit, train and manage
additional CASA volunteers, who in turn would
advocate for child citizens of Wheat Ridge who
have been abused or neglected.
Community Table Community Table strives to improve the quality of
life for neighbors in need by providing the food and
resources people need to lift themselves from
poverty.
Request includes funding for:
• Hunger Relief - A portion of funding will be
used for emergency food assistance—Client
Choice Pantry and Feeding the Future
• Self-Sufficiency. The remaining funds will be
used to support the emergency financial needs of
struggling families and continued efforts to help
them become self-reliant.
Family Tree Family Tree's mission is to help Wheat Ridge
children and families overcome child abuse,
domestic violence and homelessness.
Funding request would help to support direct
services to Wheat Ridge residents and foster
positive, transformational impact in their lives
and the community
Feed the Future (WR)The program provides food to eligible elementary
aged children throughout the school year. The
program helps ensure that children have a healthy
and reliable source of food over the weekend
enabling them to come to school better prepared to
learn.
All the money raised by the Wheat Ridge
Backpack program is used to pay Community
Table for the food provided the three-area Wheat
Ridge Schools.
Friends of Paha Friends of Paha is a non-profit organization
comprised solely of volunteers with the goal of
raising funds to help financially support Camp Paha,
the City of Lakewood's summer day programs for
youth and young adults with disabilities.
Friends of Paha is requesting funding to provide
direct program support to provide camperships to
youth and young adults to participate in Camp
Paha in 2022.
2022 Funding Request Summaries
ATTACHMENT 1
Institute for Environmental Solutions (IES) IES tackles problems such as climate change,
community health, ozone air pollution, and
contaminants from pharmaceuticals and personal
care products in waterways. IES designs and
implements scientifically proven strategies to solve
Colorado’s most pressing environmental problems.
Funds would be used to plan and implement the
Creekside Restoration Project along the Wheat
Ridge Greebeld. IES will collaborate with Wheat
Ridge Parks and Recreation District and
Kullerstrand Elementary School to complete the
project.
Support from the Wheat Ridge Outside Agency
Fund will pay for the educational personnel and
supplies to develop and implement two
workshops, two planting days, and the summer
maintenance program.
Jefferson Center for Mental Health Jefferson Center provides a variety of outpatient
programming for both groups and individuals; has
established a presence in primary care offices
across the area to offer integrate
primary/behavioral healthcare; offers essential case
management and public resource navigation
services; and delivers effective substance use and
withdrawal management services to the area.
Requested funding would be used specifically to
support the 0.5 counseling position at
Kullerstrand Elementary. Approximately 200
students enrolled at Kullerstrand Elementary
School will have continued access to mental
health services, something that has emerged as
especially critical due to the psychological toll of
the COVID-19 pandemic on individuals
nationwide, including youth. (Everitt and Stevens
are bigger schools with higher enrollment and
more funding available to support counseling
services).
Jefferson County Library Foundation Jefferson County Library Foundation (JCLF) provides
critical support to Jefferson County Public Library
(JCPL), expanding free programs and services to all
Jefferson County residents. Through public
outreach, advocacy and fundraising JCLF
strengthens JCPL and promotes greater awareness
of its valuable resources and services, helping JCPL
ensure free and equal access to information and
great literature to all Jeffco residents.
Requested funds would be used to benefit elderly
and/or homebound adults through a photography
project. The library will distribute disposable
cameras to seniors at the library, through
connections at the Senior Resource Center, and to
senior homes in the city of Wheat Ridge. The
library will use its own resources to host a
photography lecture at the Wheat Ridge Library
to drum up interest and to give photography
pointers. Seniors will be encouraged to fill up the
disposable camera roll with photos of their
choice, whatever resonates with them through
the viewfinder.
Jewish Family Services JFS helps seniors maintain a high quality of life,
provides quality mental health counseling to
children and adults, offers training and job
placement to people with significant barriers to
employment, and provides food and financial aid to
individuals and families in crisis.
Requested funding would be used to support the
vital services that ensure the health, safety, and
welfare of older adult residents of Wheat Ridge.
ACC care managers offer information about,
referrals to, and assistance connecting with
community resources designed to help older
adult residents in Wheat Ridge maintain their
independence and quality of life.
Outdoor Lab Foundation The OLS aims to develop stewardship of self,
community and environment. It builds social
cohesion among Wheat Ridge students by teaching
and focusing on I CARE core values—Integrity,
Commitment, Awareness, Respect, Empathy. OLS
also improves students’ physical health, health
literacy and emotional well-being through physical
activity, self-care and healthy eating, and offers a
24-hour clinic led by a registered nurse. Finally,
through its programs, the OLS is increasing
students’ passion and knowledge of STEM through
daily activities in the natural environment.
The requested funding would support OLF in
ensuring that all students have the opportunity to
participate in programming, regardless of their
ability to pay. Funding will be used to offset
program costs for Everitt Middle School students
qualifying for free and reduced-priced lunch
(67%).
Regional Air Quality Council The RAQC’s program help ensure that residents can
enjoy the beautiful outdoors of Colorado by
maintaining federal health standards for pollutants.
The RAQC uses the funding from its local
government partners to implement air quality
programs and to match federal grants that
provide programs which allows the RAQC to
provide services to Wheat Ridge and the nine-
county Denver metro/North Front Range area
including: Ozone State Implementation Plan work
(compliance with federal air quality standards),
Fuels and Motor Vehicle Work, Charge Ahead
Colorado, Governor’s ALT Fuels Program, Clean
Air Fleets Program, Outreach and Public
Education, Simple Steps. Better Air, Public alerts
regarding high ozone days to citizens, Mow Down
Pollution Residential Lawn Mower Exchange
Program, Mow Down Pollution Commercial
Program, Voluntary Optical Gas Imaging Camera
Loan Program, Transportation/Air Quality
Planning and Coordination work, Local
Government Assistance.
Robbie's Hope Foundation This nonprofit organization gives teens an outlet
and a platform to voice their opinions on their own
mental health and giving adults a way to support
their children.
Robbie's Hope is looking for funding to offset the
printing costs of the free mental health resource,
the Adult Handbook. This handbook is a guide of
the two-way conversation of mental health
between a teen and their trusted adult to drive a
much-needed exchange.
Seniors' Resource Center The Seniors' Resource Center is dedicated to
enhancing the independence, dignity and quality of
life for seniors in the Metro Denver Area and
surrounding communities.
Services include transportation, in home care and
adult daytime programs which provide life
enriching activities and support both older adults
and their caregivers.
The funding request would be used to support its
Community and In-home Care Services, and Adult
Day and Respite Services. Requested funds are
needed to pay essential program and operating
expenses, and other overhead expenses that
allow SRC to provide direct services for older
adults.
Sunshine Home Share Sunshine promotes aging in place through a safe,
care-managed, home-sharing model that generates
income and assistance for seniors while accessing
untapped affordable housing for home seekers.
The requested funding would support a portion of
the cost of the Executive Director/Program
Manager positions for one year. These roles
provide organizational development and client
services.
The Action Center The Action Center's mission is to provide an
immediate response to basic human needs and
promote pathways to self-sufficiency through a
variety of client services. With the assistance of a
dedicated staff and volunteer case management
team, participant’s needs are addressed and met.
The requested funding would go toward the
operational costs of running the:
• Food Rescue/Grocery - The grocery is designed
with a Client Choice model where our neighbors
can select a five-day food supply up to nine times
per year, choosing from a variety of nutritious
foods including fruits, vegetables, grains, meats
and other proteins, and dairy items, along with
dried and canned goods.
• School Supply Distribution programs - Involves
the distribution of grade-appropriate backpacks
of supplies to as many students as possible.
Wheat Ridge Community Foundation By enabling community organizations to accept
charitable and tax-free donations, the Wheat Ridge
Community Foundation directly supports the efforts
of the participating organizations in their missions
to improve the health, safety, welfare and quality of
life for Wheat Ridge residents.
The funding requested would support:
• Professional Accounting
• Client Fund Manager
• WRCF Endowment Matching Donation
Wheat Ridge Grange The Wheat Ridge Grange is a safe place in the heart
of Wheat Ridge to gather and come together as a
community.
The funding requested would support:
• Support community programming
• Building updates and repairs
Wheat Ridge High School STEM program The STEM program educates students in Wheat
Ridge and provides learning opportunities in the
areas of design, manufacturing, assembly, multi-
media, professional presentation practices, working
in group situations and working with the
community and City to allow for large hands-on
open-ended projects.
The funding requested would support:
• Mini Battle Bot testing arena for student safety
as they enter the National Robotics League
Competition
• Beginning students Rover Projects (2)
• 3D printing material for two 3D printers
Wheat Ridge Kiwanis The Wheat Kiwanis Club's mission is to encourage
positive change in the world one child and one
community at a time. Members are committted to
helping the youth in our community, while enjoying
the lasting friendships that come from sharing a
common goal.
Funding would be used toward:
• Starting a Builders Club
• Providing a monthly breakfast for Everitt Middle
School students and their parents,
• Rebuilding the Key Club at Wheat Ridge High
School
• Continuing the sponsorship of the local Cub
Scout Pack.
Wheat Ridge Optimist Club The Wheat Ridge Optimist Club focuses on
providing services to Wheat Ridge youth, primarily
through involvement with Wheat Ridge schools.
Their motto is: “By Providing Hope and Positive
Vision, Optimists Bring Out the Best in Youth,
Ourselves and Our Community”.
This funding will be used 100% for the Christmas
program. The requested funding would support
the Christmas Program. The Optimist Club
provides gift certificates for clothing and food
along with toys to Wheat Ridge families in need
as chosen by Wheat Ridge school administrators.
EVENTS
Lutheran Med Center Foundation
- Heroes of Hope
The Heroes of Hope race is Lutheran Medical Center
Foundation's annual event to support Cancer
Centers of Colorado at Lutheran. These funds help
to provide patient navigation, survivor and nurse
education, patient care for those facing a cancer
diagnosis, advanced medical equipment and
treatment options, and much more for our
community members and families who are going
through cancer treatment.
Requested funding would go toward the cost of
the annual Heroes of Hope race.
This race raises funds for Lutheran's cancer
services program, including the Wellness that
Works and Bridge to Wellness program for cancer
patients.
Farmers 5000 Farmers 5000 is an annual fundraising event for
Wheat Ridge High School.
Requsted funding would go toward the cost of
the annual Farmers 5000 race.
The funds raised are used to support WRHS
students, enhance learning experiences, provide
necessary school and personal items for the most
needy, and update equipment for a variety of
departments, from Science to Music.
Friends of Stevens Friends of Stevens is the
parent/teacher/student/family/community non-
profit Parent/Teacher Organization (PTO) for
Stevens Elementary, and FOS funds are managed
through the Wheat Ridge Community Foundation
Funds would suppor the Community Celebration
Event. The money would be used to purchase
food and related supplies for attendees (e.g.,
burgers, hot dogs, buns, condiments, beverages,
ice, cups, plates, utensils, etc.) and support
activities for attendees (e.g., the purchase of
sidewalk chalk, rental fees for an inflatable
jumping castle - the largest ticket-item for the
event, etc.).
Memorandum
TO: Mayor and City Council
THROUGH: Patrick Goff, City Manager
Marianne Schilling, Assistant to the City Manager
FROM: Kayla Betzold, Sustainability Coordinator
DATE: July 19, 2021
SUBJECT: Colorado Communities for Climate Action
ISSUE: Colorado Communities for Climate Action (CC4CA) is a coalition of counties and municipalities
advocating for strong state and federal climate policy. Jacob Smith, CC4CA executive director,
will be presenting the membership benefits and current policy priorities to City Council. There are 38 local government members in the coalition including Edgewater, Golden and Westminster.
PRIOR ACTION:
During the February 1, 2021 City Council meeting staff provided proposed strategies from Sustainable Wheat Ridge to City Council. Proposed strategy 4 was “Support environmental sustainability policy on a regional, state and federal level”. CC4CA was outlined as a policy advocacy group that could facilitate the adoption of the proposed strategy.
Jacob Smith presented to the Sustainable Wheat Ridge resident advisory committee on March 18, 2021 regarding Wheat Ridge joining the CC4CA coalition. The committee discussed the proposal and voted to recommend that City Council pass a resolution in support of joining the coalition in 2022.
FINANCIAL IMPACT: $5,000 annual dues, determined by Wheat Ridge population size.
BACKGROUND:
CC4CA focuses on legislative, regulatory, and administrative action on a state and federal level through the support of their coalition of Colorado municipalities. The benefits of the coalition include collaboration, cost-effectiveness, and local support. Through CC4CA, local governments can influence state and federal actions more than individual municipalities can alone. CC4CA provides the framework for strong collaboration between state and local governments, which
results in maximum return on local efforts. Through the coalition, members can pool resources to secure professional representation to ensure impactful presence at the state and federal level. The coalition also offers networking opportunities for members and produces analyses and materials in support of coalition and member priorities and actions.
Item No. 2
Organization Structure CC4CA is guided by a Board of Directors comprised of representatives from member
jurisdictions, as well as an executive director and other committees of member representatives
making decisions on specific topics. Each CC4CA member is asked to designate a representative to serve on the Board of Directors and these representatives are typically elected officials or staff. The main criterion for member representation is the ability to speak on behalf of the member municipality in CC4CA board discussions and decisions. The Board of Directors meet
bi-monthly and the Board holds an annual retreat in June.
Policy Priorities Coalition members annually update a Policy Statement that guides the coalition’s advocacy efforts. CC4CA’s policy positions reflect unanimous agreement among the coalition members on
steps that should be taken at the state and federal level, often in partnership with local
governments, to enable Colorado and its communities to lead in protecting the climate. The Policy Statement includes:
• Actively supporting pro-climate action legislation and opposing bills that undercut state
or local climate authority.
• Advocating for state policies and actions that put Colorado on the path to significant greenhouse gas emissions reductions and empower local governments to take effective action in their own communities.
• Representing local interests in state agency proceedings on climate protection, energy efficiency, and clean energy, and advocating for continued and strengthened federal climate actions and against efforts to roll back federal policies and programs. The following general principles guide the specific policies that CC4CA supports:
• Collaboration between state and federal government agencies and Colorado’s local governments to advance local climate protection and resilience.
• State and federal programs to reduce carbon pollution, including adequate and ongoing
funding of those programs.
• Analyses, financial incentives, infrastructure, and enabling policies for the development and deployment of clean energy technologies.
• Locally driven and designed programs to support communities impacted by the clean
energy transformation.
• Prioritizing policies that put people at the center of decision-making, minimizing disparities in growing the clean economy, especially for historically marginalized communities, and enhancing equitable outcomes for all.
Budget and Annual Dues CC4CA coalition members pay annual dues to provide the resources needed for effective coalition operations, including representation by professional advocacy consultants in the General Assembly and before state agencies. Dues are based on population size. Wheat Ridge
falls into the 5,000 – 49,999 population category, with the base membership due of $5,000.
If the resolution passes, joining CC4CA would address Sustainability Action Plan renewable energy goals 1-A: “Represent City renewable energy goals to relevant hearings of the Colorado Public Utility Commission”, 1-B: “Endorse and propose county, state, and federal policy that
support City goals for renewable energy”, and 2-D: “Partner with neighboring cities and
Jefferson County in developing renewable energy programs and services for economies of scale and services that the City alone does not have the resources to offer”.
RECOMMENDATION:
Staff recommends moving forward with a resolution in support of Colorado Communities for
Climate Action. ATTACHMENTS: 1. CC4CA 2021-2022 Membership Overview
2. CC4CA 2020-2021 Policy Statement
Colorado Communities for Climate Action
February 2021
Colorado Communities for Climate Action is a coalition of counties and municipalities
advocating for strong state and federal climate policy.
Climate change is a defining challenge of this century. As local governments and local elected
officials, we have a unique perspective on the threats and challenges that climate change
poses, a perspective that is often overlooked in the policy debates.
alition Members
Current Policy Priorities
Colorado Communities for Climate
Action works to shape state and federal
climate policy. Coalition members
annually update a Policy Statement that
guides the coalition’s advocacy efforts.
The Policy Statement includes:
• Actively supporting pro-climate action
legislation and opposing bills that
undercut state or local climate
authority.
• Advocating for state policies and
actions that put Colorado on the path
to significant greenhouse gas emissions
reductions and empower local
governments to take effective action in
their own communities.
• Representing local interests in state
agency proceedings on climate
protection, energy efficiency, and clean
energy, and advocating for continued
and strengthened federal climate
actions and against efforts to roll back
federal policies and programs.
Benefits of the Coalition
Collaboration
Working together through Colorado
Communities for Climate Action, local
governments can influence state and
federal actions more than individual
jurisdictions can alone. CC4CA works
for strong collaboration between state
and local governments, maximizing the
return on local efforts.
Cost-Effectiveness
Pooling resources to secure
professional representation is the most
cost-effective way for local
governments to sustain a focused and
impactful presence at the state and
federal levels.
Local Support
The coalition also offers networking
opportunities to members and
produces analyses and materials in
support of coalition and member
priorities and actions.
ATTACHMENT 1
The coalition’s 36 local government members include:
• Adams County
• Aspen
• Avon
• Basalt
• Boulder
• Boulder County
• Breckenridge
• Broomfield
• Carbondale
• Clear Creek County
• Crested Butte
• Dillon
• Eagle County
• Edgewater
• Erie
• Fort Collins
• Frisco
• Gilpin County
• Glenwood Springs
• Golden
• Lafayette
• Longmont
• Louisville
• Lyons
• Mountain Village
• Nederland
• Northglenn
• Pitkin County
• Ridgway
• Salida
• San Miguel County
• Snowmass Village
• Summit County
• Telluride
• Vail
• Westminster
Budget and Annual Dues
CC4CA members pay annual dues to provide the resources for effective coalition operations,
including representation by professional advocacy consultants in the General Assembly and
before state agencies. Dues are based on population size. Within each population category,
local governments have a choice of dues amounts (Base, Base Plus, etc.). Every member of the
coalition has the same voice and vote regardless of the dues level they select.
Coalition Management
The coalition is guided by a board comprised of representatives from member jurisdictions, as
well as an executive director and other committees of member representatives making
decisions on particular subjects. A unanimous vote of all members is required to amend
CC4CA’s Policy Statement. Elisabeth Rosen of Political Advocacy, Inc. and Eliza Schultz
of Schultz Public Affairs represent the coalition at the state capitol.
For more information:
Jacob Smith, Executive Director
jsmith@cc4ca.org • (303) 810-6017 • CC4CA.org
Aspen · Avon · Basalt · Boulder · Boulder County · Breckenridge · Broomfield · Carbondale
Clear Creek County · Crested Butte · Dillon · Eagle County · Erie · Fort Collins · Fraser · Frisco · Gilpin County
Glenwood Springs · Golden · Lafayette · Longmont · Louisville · Lyons · Mountain Village · Nederland · Northglenn
Pitkin County · Ridgway · Salida · San Miguel County · Summit County · Telluride · Vail · Westminster
CC4CA 2020-2021 Policy Statement
Adopted June 19, 2020
Colorado Communities for Climate Action is a coalition of local governments advocating for
stronger state and federal climate policy. CC4CA’s policy positions for 2020-2021 reflect
unanimous agreement among the coalition members on steps that should be taken at the state
and federal level, often in partnership with local governments, to enable Colorado and its
communities to lead in protecting the climate.
CC4CA generally focuses on legislative, regulatory, and administrative action, supporting
efforts that advance the general policy principles and the detailed policy positions described
below, and opposing efforts that would weaken or undermine these principles and positions.
General Policy Principles
The following general principles guide the specific policies that Colorado Communities for
Climate Action supports:
Collaboration between state and federal government agencies and Colorado’s local
governments to advance local climate protection and resilience.
State and federal programs to reduce carbon pollution, including adequate and ongoing
funding of those programs.
Analyses, financial incentives, infrastructure, and enabling policies for the development and
deployment of clean energy technologies.
Locally driven and designed programs to support communities impacted by the clean energy
transformation.
Prioritizing policies that put people at the center of decision-making, minimizing disparities in
growing the clean economy, especially for historically marginalized communities, and
enhancing equitable outcomes for all.
ATTACHMENT 2
2
Policy Positions
Colorado Communities for Climate Action supports the following policy positions:
Statewide Climate Strategies
1. Reduce statewide carbon emissions consistent with or greater than the State of
Colorado’s 2019 codified goals.
2. Secure accurate, frequent state greenhouse gas inventories and forecasts for
Colorado which are made accessible to local governments and designed to be useful for
stakeholders.
3. Adopt a comprehensive market-based approach to reduce Colorado’s greenhouse gas
emissions that ensures the benefits accrue justly and equitably to impacted
communities.
4. Expand consideration of the environmental and health costs associated with the use
of fossil fuels in making and implementing climate-related policy.
Local Climate Strategies
5. Remove barriers and promote opportunities that allow counties and municipalities
to maximize the deployment of local clean energy and climate-related strategies,
including resilience-oriented strategies, while promoting affordable, accessible, and
equitable delivery of reliable clean energy.
6. Enable local governments to obtain the energy use and other data from utilities and
state agencies that they need to effectively administer climate and clean energy
programs.
7. Support a comprehensive public process for evaluating retail and wholesale energy
choice options for communities, informed by a broad variety of stakeholders.
8. Support policies that promote the efficient use of energy in buildings.
9. Provide for cost-effective and equitable policies, strategies, and practices that enable
and accelerate beneficial electrification, reduce GHG emissions, improve quality of life,
and make the electric grid more robust and resilient.
Energy Generation
10. Accelerate retirement of existing fossil fuel generation facilities and their
replacement with cost-effective and reliable clean energy supplies, through means that
protect both utilities and consumers.
3
11. Expand the ability of electric cooperatives to independently purchase local
renewable electricity and take other steps to reduce carbon pollution.
12. Modernize energy infrastructure to enhance community-based resilience and
integrate distributed energy resources.
Energy Efficiency
13. Expand demand side savings from efficiency and conservation for all energy types.
14. Support ongoing and sustainable funding for weatherization and renewable energy
assistance to low-income households, including those from coal-dominated economies,
so that all Coloradans have access to comfortable and affordable homes.
15. Support ongoing and sustainable funding for programs that assist communities in
transition from coal-dominated economies.
16. Provide counties and statutory cities and towns with the same authority held by
home rule cities to implement local energy conservation policies and programs.
Transportation
17. Ensure effective implementation of Colorado’s vehicle emissions standards and
other regulatory and programmatic activities designed to reduce carbon emissions
from vehicles.
18. Implement the 2020 Colorado Electric Vehicle Plan and other efforts to increase
electrification of all motor vehicles.
19. Increase funding and policy incentives for multimodal transportation and
multimodal-friendly development statewide.
20. Incentivize and select mobility alternatives, including movement of both people and
goods, based on energy efficiency and environmental costs and benefits.
Fossil Fuel Extraction Activities
21. Expand monitoring and reduction of the full life cycle emissions from fossil fuel
extractive industry activities.
Solid Waste Reduction
22. Grant CDPHE the authority to implement a plan for meeting Colorado’s statewide
and regional solid waste diversion goals.
4
23. Reduce the use of disposable/single-use products and promote the reuse of
materials, including construction and demolition waste.
24. Foster infrastructure, policies, incentives, and programs for reuse, recycling, and
composting.
General
25. Encourage the adoption of climate-positive innovations like telecommuting,
drawing from the lessons learned during the coronavirus pandemic, to substantially
reduce air and carbon pollution.
26. Promote proactive programs and efforts that improve the resilience and
adaptability of Colorado communities in the face of natural disasters and other major
challenges associated with climate change, including ensuring that disaster
stabilization and recovery efforts result in reduced carbon pollution and improved
resilience to future disasters.
27. Optimize the potential for carbon sequestration through regenerative agriculture,
improved soil health, and forest management.
28. Incorporate equity, accessibility, and just transition considerations into climate
policies and actions.
29. Encourage investments that achieve climate-positive solutions, including policies
that encourage entities investing public dollars to consider partial or full divestment as
part of their investment strategies.
30. Maintain protections and authorities currently provided under environmental laws
like the National Environmental Policy Act, the Clean Air Act, and the Clean Water Act.
Memorandum
TO: Mayor and City Council
THROUGH: Patrick Goff, City Manager
Marianne Schilling, Assistant to the City Manager
FROM: Kayla Betzold, Sustainability Coordinator
DATE: July 19, 2021
SUBJECT: H.R. 2307 - Energy Innovation and Carbon Dividend Act of 2021
ISSUE: H.R. 2307, the Energy Innovation and Carbon Dividend Act of 2021, is a bill intended to
encourage market-driven innovation of clean energy technologies through a carbon fee on
producers and importers. The bill would also distribute the net proceeds to eligible U.S. residents on a per-capita basis as a monthly carbon dividend, resulting in a revenue neutral system and is projected to create 2.1 million new jobs.
PRIOR ACTION:
During the August 10, 2020 City Council meeting a group of five Wheat Ridge residents, led by a Sustainable Wheat Ridge committee member, spoke at public comment regarding H.R. 2307 (then H.R. 763) and asked City Council to consider passing a resolution in support of the bill. City Council provided direction for staff to return to a future study session with a draft
resolution.
In order to present the most recent version of the bill, it was determined that staff would return to City Council with a draft resolution after the bill was reintroduced into the new congress in 2021.
FINANCIAL IMPACT: N/A
BACKGROUND: The Energy Innovation and Carbon Dividend Act was originally introduced to the United States
House of Representatives in 2018 by Representative Ted Deutch (D-FL) with bipartisan support
from four co-sponsors. The bill died in the House of Representatives when the 115th congress ended on January 3, 2019. The bill was reintroduced to the 116th congress in the House of Representatives as H.R. 763 on January 24, 2019 and referred to the Committee on Ways and Means, the Committee on Energy and Commerce and the Committee on Foreign Affairs. The bill
was then referred to the Subcommittee on Energy. The 117th congress began in January 2021 and
the bill was reintroduced on April 1, 2021 by Rep. Ted Deutch (D-FL-22) with 28 co-sponsors. It was then referred to the Committee on Ways and Means, the Committee on Energy and Commerce and the Committee on Foreign Affairs.
Item No. 3
H.R. 2307 is a bill that imposes a fee on the producers and importers of fossil fuels with the rate
beginning at $15 per metric ton of CO2 equivalent emissions of fossil fuels and escalating by $10
per metric ton each year. Because the cost to oil and gas companies for fossil fuel extraction and production increases, the cost of fossil fuels increases for the consumer in commodities like gasoline and electricity. According to a report by The Center on Global Energy Policy at Columbia University, national average gasoline prices are estimated to increase by 12 cents after
two years of adoption and 90 cents after 12 years of adoption. The primary goal of this bill is to
encourage market-driven innovation of clean energy technologies through a carbon fee on producers and importers, reducing carbon emissions by up to 45% by 2030, with a net zero target by 2050.
To compensate for the increased price of fossil fuels and fossil fuel intensive products, the fees
are deposited into a Carbon Dividend Trust Fund and used for monthly dividend payments to U.S. citizens or lawful residents, resulting in a revenue neutral system. It is estimated that the dividend payment initially would be approximately $20 per month per adult and $10 per month for up to two eligible children per household, although the additional revenue from the annual
fee increase is projected to increase monthly dividend payments to $130 per adult and $65 per
child over a 20 year period. The bill is also projected to create 2.1 million new jobs. If passed, the bill would amend the Internal Revenue Code of 1986 and make adjustments to the Clean Air Act.
Currently, H.R. 2307 has 71 cosponsors in the House of Representatives from 27 states,
including three Colorado Representatives: Rep. Ed Perlmutter (D-CO-07), Rep. Joe Neguse (D-CO-02), and Rep. Jason Crow (D-CO-06). Twelve Colorado cities and counties have passed resolutions in support of a carbon fee and dividend including Aspen, Boulder County, Carbondale, Manitou Springs, Pitkin County, and jointly Ouray County, San Miguel County,
Mountain Village, Norwood, Ouray, Ridgeway, and Telluride. Wheat Ridge will be the second
after Manitou Springs to specifically endorse H.R. 2307 if the resolution passes. The resolution supports the Wheat Ridge Sustainability Action Plan Goal 1-Bi in the renewable energy topic area: “Endorse a market solution to carbon dioxide pollution with a federal tax on carbon production or a carbon fee/dividend”.
Staff is seeking consensus from City Council to return with a resolution in support of H.R. 2307. RECOMMENDATION: Staff recommends moving forward with a resolution in support of H.R. 2307.
ATTACHMENTS: 1. H.R. 2307 – Energy Innovation and Carbon Dividend Act of 2021
I
117TH CONGRESS
1ST SESSION H. R. 2307
To create a Carbon Dividend Trust Fund for the American people in order
to encourage market-driven innovation of clean energy technologies and
market efficiencies which will reduce harmful pollution and leave a
healthier, more stable, and more prosperous Nation for future genera-
tions.
IN THE HOUSE OF REPRESENTATIVES
APRIL 1, 2021
Mr. DEUTCH (for himself, Mr. MALINOWSKI, Ms. ESHOO, Ms. SCHAKOWSKY,
Mr. CRIST, Mr. KILMER, Mr. PETERS, Ms. CHU, Mr. CONNOLLY, Ms.
CRAIG, Mr. MORELLE, Mr. CARBAJAL, Mr. RASKIN, Mr. SIRES, Mr.
SHERMAN, Mr. CROW, Mr. CORREA, Ms. SCANLON, Mr. JOHNSON of
Georgia, Ms. PINGREE, Mr. MOULTON, Ms. ROYBAL-ALLARD, Mr.
GARAMENDI, Mr. EVANS, Mr. PHILLIPS, Ms. MENG, Mr. CA´RDENAS, Ms.
LEE of California, and Mr. CARTWRIGHT) introduced the following bill;
which was referred to the Committee on Ways and Means, and in addi-
tion to the Committees on Energy and Commerce, and Foreign Affairs,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of the
committee concerned
A BILL
To create a Carbon Dividend Trust Fund for the American
people in order to encourage market-driven innovation
of clean energy technologies and market efficiencies
which will reduce harmful pollution and leave a healthier,
more stable, and more prosperous Nation for future gen-
erations.
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•HR 2307 IH
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Energy Innovation and 4
Carbon Dividend Act of 2021’’. 5
SEC. 2. FINDINGS. 6
The Congress finds that— 7
(1) efficient markets strengthen our economy 8
and benefit our Nation by encouraging competition, 9
innovation, and technological progress; 10
(2) efficient markets should reflect all costs of 11
goods to ensure that they advance America’s pros-12
perity and national interests; 13
(3) emissions of carbon pollution and other 14
harmful pollutants into our Nation’s air impose sub-15
stantial costs on all Americans and on future gen-16
erations; and 17
(4) creation of a Carbon Dividend Trust Fund, 18
to be distributed to the American people, will make 19
markets more efficient, create jobs, and stimulate 20
competition, innovation, and technological progress 21
that benefit all Americans and future generations. 22
SEC. 3. CARBON DIVIDENDS AND CARBON FEE. 23
The Internal Revenue Code of 1986 is amended by 24
adding at the end the following new subtitle: 25
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‘‘Subtitle L—CARBON DIVIDENDS 1
AND CARBON FEE 2
‘‘CHAPTER 101. CARBON FEES.
‘‘CHAPTER 102. CARBON BORDER FEE ADJUSTMENT.
‘‘CHAPTER 101—CARBON FEES 3
‘‘Sec. 9901. Definitions.
‘‘Sec. 9902. Carbon fee.
‘‘Sec. 9903. Emissions reduction schedule.
‘‘Sec. 9904. Decommissioning of carbon fee.
‘‘Sec. 9905. Carbon Capture and Sequestration.
‘‘Sec. 9906. Administrative authority.
‘‘SEC. 9901. DEFINITIONS. 4
‘‘For purposes of this subtitle: 5
‘‘(a) ADMINISTRATOR.—The term ‘Administrator’ 6
means the Administrator of the Environmental Protection 7
Agency. 8
‘‘(b) CARBON DIOXIDE EQUIVALENT OR CO2-e.—The 9
term ‘carbon dioxide equivalent’ or ‘CO2-e’ means the 10
number of metric tons of carbon dioxide emissions with 11
the same global warming potential as one metric ton of 12
another greenhouse gas. 13
‘‘(c) CARBON-INTENSIVE PRODUCT.—The term ‘car-14
bon-intensive product’ means, as identified by the Sec-15
retary by rule— 16
‘‘(1) for purposes of this chapter— 17
‘‘(A) any manufactured or agricultural 18
product which the Secretary in consultation 19
with the Administrator determines is emissions- 20
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•HR 2307 IH
intensive and trade-exposed, except that no cov-1
ered fuel is a carbon-intensive product, and 2
‘‘(B) until such time that the Secretary 3
promulgates rules identifying carbon-intensive 4
products, the following shall be considered car-5
bon-intensive products: iron, steel, steel mill 6
products (including pipe and tube), aluminum, 7
cement, glass (including flat, container, and 8
specialty glass and fiberglass), pulp, paper, 9
chemicals, or industrial ceramics, and 10
‘‘(2) for purposes of chapter 102, any economic 11
sector, or product from that sector, which the Sec-12
retary in consultation with the Administrator deter-13
mines is prone to carbon leakage because it is emis-14
sions-intensive and trade-exposed, along with other 15
pertinent criteria, except that no covered fuel is a 16
carbon-intensive product. 17
‘‘(d) CARBON LEAKAGE.—The term ‘carbon leakage’ 18
means an increase of global greenhouse gas emissions 19
which are substantially due to the relocation of greenhouse 20
gas sources from the United States to jurisdictions which 21
lack comparable controls upon greenhouse gas emissions. 22
‘‘(e) COST OF CARBON OR CARBON COSTS.—The 23
term ‘cost of carbon’ or ‘carbon costs’ means a national 24
or sub-national government policy which explicitly places 25
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•HR 2307 IH
a price on greenhouse gas pollution and shall be limited 1
to either a tax on greenhouse gases or a system of cap- 2
and-trade. The cost of carbon is expressed as the price 3
per metric ton of CO2-e. 4
‘‘(f) COVERED ENTITY.—The term ‘covered entity’ 5
means— 6
‘‘(1) in the case of crude oil— 7
‘‘(A) a refinery operating in the United 8
States, and 9
‘‘(B) any importer of any petroleum or pe-10
troleum product into the United States, 11
‘‘(2) in the case of coal— 12
‘‘(A) any coal mining operation in the 13
United States, and 14
‘‘(B) any importer of coal into the United 15
States, 16
‘‘(3) in the case of natural gas— 17
‘‘(A) any entity entering pipeline quality 18
natural gas into the natural gas transmission 19
system, and 20
‘‘(B) any importer of natural gas into the 21
United States, and 22
‘‘(4) any entity or class of entities which, as de-23
termined by the Secretary, is transporting, selling, 24
or otherwise using a covered fuel in a manner which 25
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•HR 2307 IH
emits a greenhouse gas to the atmosphere and which 1
has not been covered by the carbon fee or the carbon 2
border fee adjustment. 3
‘‘(g) COVERED FUEL.—The term ‘covered fuel’ 4
means crude oil, natural gas, coal, or any other product 5
derived from crude oil, natural gas, or coal which shall 6
be used so as to emit greenhouse gases to the atmosphere. 7
‘‘(h) CRUDE OIL.—The term ‘crude oil’ means 8
unrefined petroleum. 9
‘‘(i) EXPORT.—The term ‘export’ means to transport 10
a product from within the jurisdiction of the United States 11
to persons outside the United States. 12
‘‘(j) FOSSIL FUEL.—The term ‘fossil fuel’ means 13
coal, coal products, petroleum, petroleum products, or nat-14
ural gas. 15
‘‘(k) FULL FUEL CYCLE GREENHOUSE GAS EMIS-16
SIONS.—The term ‘full fuel cycle greenhouse gas emis-17
sions’ means the greenhouse gas content of a covered fuel 18
plus that covered fuel’s upstream greenhouse gas emis-19
sions. 20
‘‘(l) GLOBAL WARMING POTENTIAL.—The term 21
‘global warming potential’ means the ratio of the time- 22
integrated radiative forcing from the instantaneous release 23
of one kilogram of a trace substance relative to that of 24
one kilogram of carbon dioxide. 25
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•HR 2307 IH
‘‘(m) GREENHOUSE GAS.—The term ‘greenhouse 1
gas’ means carbon dioxide (CO2), methane (CH4), nitrous 2
oxide (N2O), and other gases as defined by rule of the 3
Administrator. 4
‘‘(n) GREENHOUSE GAS CONTENT.—The term 5
‘greenhouse gas content’ means the amount of greenhouse 6
gases of a product or a fuel, expressed in metric tons of 7
CO2-e, which would be emitted to the atmosphere by the 8
use of a covered fuel and shall include, nonexclusively, 9
emissions of carbon dioxide (CO2), nitrous oxide (N2O), 10
methane (CH4), and other greenhouse gases as identified 11
by rule of the Administrator. 12
‘‘(o) GREENHOUSE GAS EFFECT.—The term ‘green-13
house gas effect’ means the adverse effects of greenhouse 14
gases on health or welfare caused by the greenhouse gas’s 15
heat-trapping potential or its effect on ocean acidification. 16
‘‘(p) IMPORT.—Irrespective of any other definition in 17
law or treaty, the term ‘import’ means to land on, bring 18
into, or introduce into any place subject to the jurisdiction 19
of the United States. 20
‘‘(q) PETROLEUM.—The term ‘petroleum’ means oil 21
removed from the earth or the oil derived from tar sands 22
or shale. 23
‘‘(r) PRODUCTION GREENHOUSE GAS EMISSIONS.— 24
The term ‘production greenhouse gas emissions’ means 25
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•HR 2307 IH
the quantity of greenhouse gases, expressed in metric tons 1
of CO2-e, emitted to the atmosphere resulting from, non-2
exclusively, the production, manufacture, assembly, trans-3
portation, or financing of a product. 4
‘‘(s) UPSTREAM GREENHOUSE GAS EMISSIONS.— 5
The term ‘upstream greenhouse gas emissions’ means the 6
quantity of greenhouse gases, expressed in metric tons of 7
CO2-e, emitted to the atmosphere resulting from, non-8
exclusively, the extraction, processing, transportation, fi-9
nancing, or other preparation of a covered fuel for use. 10
‘‘SEC. 9902. CARBON FEE. 11
‘‘(a) CARBON FEE.—There is hereby imposed a car-12
bon fee on any covered entity’s emitting use, or sale or 13
transfer for an emitting use, of any covered fuel. 14
‘‘(b) AMOUNT OF THE CARBON FEE.—The carbon 15
fee imposed by this section is an amount equal to— 16
‘‘(1) the greenhouse gas content of the covered 17
fuel, multiplied by 18
‘‘(2) the carbon fee rate. 19
‘‘(c) CARBON FEE RATE.—For purposes of this sec-20
tion— 21
‘‘(1) IN GENERAL.—The carbon fee rate, with 22
respect to any use, sale, or transfer during a cal-23
endar year, shall be— 24
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•HR 2307 IH
‘‘(A) in the case of calendar year 2021, 1
$15 per metric ton of CO2-e, and 2
‘‘(B) except as provided in paragraph (2), 3
in the case of any calendar year thereafter— 4
‘‘(i) the carbon fee rate in effect 5
under this subsection for the preceding cal-6
endar year, plus 7
‘‘(ii) $10. 8
‘‘(2) EXCEPTIONS.— 9
‘‘(A) INCREASED CARBON FEE RATE 10
AFTER MISSED ANNUAL EMISSIONS REDUCTION 11
TARGET.—In the case of any year immediately 12
following a year for which the Secretary deter-13
mines under section 9903(b) that the actual 14
emissions of greenhouse gases from covered 15
fuels exceeded the emissions reduction target 16
for the previous year, paragraph (1)(B)(ii) shall 17
be applied by substituting ‘$15’ for the dollar 18
amount otherwise in effect for the calendar year 19
under such paragraph. 20
‘‘(B) CESSATION OF CARBON FEE RATE IN-21
CREASE AFTER CERTAIN EMISSION REDUCTIONS 22
ACHIEVED.—In the case of any year imme-23
diately following a year for which the Secretary 24
determines under 9903(b) that actual emissions 25
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•HR 2307 IH
of greenhouse gases from covered fuels is not 1
more than 10 percent of the greenhouse gas 2
emissions from covered fuels during the year 3
2010, paragraph (1)(B)(ii) shall be applied by 4
substituting ‘$0’ for the dollar amount other-5
wise in effect for the calendar year under such 6
paragraph. 7
‘‘(3) INFLATION ADJUSTMENT.—In the case of 8
any calendar year after 2021, each of the dollar 9
amounts in paragraphs (1)(B) and (2)(A) shall be 10
increased by an amount equal to— 11
‘‘(A) such dollar amount, multiplied by 12
‘‘(B) the cost-of-living adjustment deter-13
mined under section 1(f)(3) for the calendar 14
year, determined by substituting ‘calendar year 15
2010’ for ‘calendar year 2016’ in subparagraph 16
(A)(ii) thereof. 17
‘‘(d) EXEMPTION AND REFUND.—The Secretary 18
shall prescribe such rules as are necessary to ensure the 19
fee imposed by this section is not imposed with respect 20
to any nonemitting use, or any sale or transfer for a non-21
emitting use, including rules providing for the refund of 22
any carbon fee paid under this section with respect to any 23
such use, sale, or transfer. 24
‘‘(e) EXEMPTIONS.— 25
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‘‘(1) AGRICULTURE.— 1
‘‘(A) FUEL.—If any covered fuel or its de-2
rivative is used on a farm for a farming pur-3
pose, the Secretary shall pay (without interest) 4
to the ultimate purchaser of such covered fuel 5
or its derivative, the total amount of carbon 6
fees previously paid upon that covered fuel or 7
its derivative, as specified by rule of the Sec-8
retary. 9
‘‘(B) FARM, FARMING USE, AND FARMING 10
PURPOSE.—The terms ‘farm’, ‘farming use’, 11
and ‘farming purpose’ shall have the respective 12
meanings given such terms under section 13
6420(c). 14
‘‘(C) OTHER GREENHOUSE GASES EMIS-15
SIONS FROM AGRICULTURE.—The carbon fee 16
shall not be levied upon non-fossil fuel green-17
house gas emissions which occur on a farm. 18
‘‘(2) ARMED FORCES OF THE UNITED 19
STATES.—If any covered fuel or its derivative is 20
used by the Armed Forces of the United States as 21
supplies for vessels of war, vehicles, or electrical 22
power generation equipment, the Secretary shall pay 23
(without interest) to the ultimate purchaser of such 24
covered fuel or its derivative, the total amount of 25
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carbon fees previously paid upon that covered fuel or 1
its derivative, as specified by rule of the Secretary. 2
‘‘SEC. 9903. EMISSIONS REDUCTION SCHEDULE. 3
‘‘(a) IN GENERAL.—An emissions reduction schedule 4
for greenhouse gas emissions from covered fuels is hereby 5
established, as follows: 6
‘‘(1) REFERENCE YEAR.—The net greenhouse 7
gas emissions during the year 2010 shall be the ref-8
erence amount of emissions and shall be determined 9
from the ‘Inventory of U.S. Greenhouse Gas Emis-10
sions and Sinks: 1990–2010’ published by the Envi-11
ronmental Protection Agency in April of 2012. 12
‘‘(2) EMISSIONS REDUCTION TARGET.—The 13
first emission reduction target shall be for the year 14
2023. The emission target for each year thereafter 15
shall be the previous year’s target emissions minus 16
a percentage of emissions during the reference year 17
determined in accordance with the following table: 18
‘‘Year Emissions Reduction Target
2010 Reference year
2021 to 2022 No emissions reduction target
2023 to 2030 5 percent of 2010 emissions per year
2031 to 2050 3 percent of 2010 emissions per year
‘‘(b) ADMINISTRATIVE DETERMINATION.—Not later 19
than 60 days after the beginning of each calendar year 20
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beginning after the enactment of this section, the Sec-1
retary, in consultation with the Administrator, shall deter-2
mine whether actual emissions of greenhouse gases from 3
covered fuels exceeded the emissions reduction target for 4
the preceding calendar year. The Secretary shall make 5
such determination using the same, or appropriately up-6
dated, greenhouse gas accounting method as was used to 7
determine the net greenhouse gas emissions in the ‘Inven-8
tory of U.S. Greenhouse Gas Emissions and Sinks: 1990– 9
2010’ published by the Environmental Protection Agency 10
in April of 2012. 11
‘‘SEC. 9904. DECOMMISSIONING OF CARBON FEE. 12
‘‘(a) IN GENERAL.—At such time that— 13
‘‘(1) the Secretary determines under 9903(b) 14
that actual emissions of greenhouse gases from cov-15
ered fuels is not more than 10 percent of the green-16
house gas emissions during the year 2010, and 17
‘‘(2) the monthly carbon dividend payable to an 18
adult eligible individual has been less than $20 for 19
3 consecutive years, 20
the Secretary shall decommission in an orderly manner 21
programs administering the carbon fee, the carbon border 22
fee adjustment, and the Carbon Dividend Trust Fund. 23
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‘‘(b) INFLATION ADJUSTMENT.—In the case of any 1
calendar year after 2021, the $20 amount under sub-2
section (a)(2) shall be increased by an amount equal to— 3
‘‘(1) such dollar amount, multiplied by 4
‘‘(2) cost-of-living adjustment determined under 5
section 1(f)(3) for the calendar year, determined by 6
substituting ‘calendar year 2020’ for ‘calendar year 7
2010’ in subparagraph (A)(ii) thereof. 8
‘‘SEC. 9905. CARBON CAPTURE AND SEQUESTRATION. 9
‘‘(a) IN GENERAL.—The Secretary, in consultation 10
with the Administrator and the Secretary of Energy, shall 11
prescribe regulations for making payments as provided in 12
subsection (b) to qualified facilities which capture and se-13
quester qualified carbon dioxide or sequester qualified car-14
bon dioxide obtained from one or more qualified facilities. 15
‘‘(b) PAYMENT AMOUNTS.— 16
‘‘(1) IN GENERAL.—The Secretary shall make 17
payments to a qualified facility in the same manner 18
as if such payment was a refund of an overpayment 19
of the carbon fee imposed by section 9902, in cases 20
in which such qualified facility— 21
‘‘(A) uses any covered fuel— 22
‘‘(i) with respect to which the carbon 23
fee has been paid, and 24
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‘‘(ii) which results in the emission of 1
qualified carbon dioxide, 2
‘‘(B) captures such emitted, or an equiva-3
lent amount of, qualified carbon dioxide, and 4
‘‘(C)(i) sequesters such qualified carbon di-5
oxide in a manner which is safe, permanent, 6
and in compliance with any applicable local, 7
State, and Federal laws, or 8
‘‘(ii) utilizes such qualified carbon dioxide 9
or an equivalent amount of carbon dioxide in a 10
manner provided in paragraph (3)(C). 11
‘‘(2) AMOUNT OF REFUND.—The payment de-12
termined under this section shall be an amount 13
equal to the lesser of— 14
‘‘(A)(i) the adjusted metric tons of quali-15
fied carbon dioxide captured and sequestered or 16
utilized, multiplied by 17
‘‘(ii) the carbon fee rate during the year in 18
which the carbon fee was imposed by section 19
9902 upon the covered fuel to which such car-20
bon dioxide relates, or 21
‘‘(B) the amount of the carbon fee imposed 22
by section 9902 with respect to such covered 23
fuel. 24
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‘‘(3) DEFINITIONS AND SPECIAL RULES.—For 1
purposes of this section— 2
‘‘(A) QUALIFIED CARBON DIOXIDE; QUALI-3
FIED FACILITY.— 4
‘‘(i) QUALIFIED CARBON DIOXIDE.— 5
The term ‘qualified carbon dioxide’ has the 6
same meaning given such term under sec-7
tion 45Q(c). 8
‘‘(ii) QUALIFIED FACILITY.—The term 9
‘qualified facility’ means any industrial fa-10
cility at which carbon capture equipment is 11
placed in service. 12
‘‘(B) ADJUSTED TOTAL METRIC TONS.— 13
The adjusted total metric tons of qualified car-14
bon dioxide captured and sequestered or utilized 15
shall be the total metric tons of qualified carbon 16
dioxide captured and sequestered or utilized, re-17
duced by the amount of any carbon dioxide like-18
ly to escape and be emitted into the atmosphere 19
due to imperfect storage technology or other-20
wise, as determined by the Secretary in con-21
sultation with the Administrator. 22
‘‘(C) UTILIZATION.—The Secretary, in 23
consultation with the Administrator, shall es-24
tablish regulations providing for the methods 25
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•HR 2307 IH
and processes by which qualified carbon dioxide 1
may be utilized so as to exclude that qualified 2
carbon dioxide safely and permanently from the 3
atmosphere. Utilization may include the produc-4
tion of substances such as but not limited to 5
plastics and chemicals. Such regulations shall 6
minimize the escape or further emission of the 7
qualified carbon dioxide into the atmosphere. 8
‘‘(D) SEQUESTRATION.—Not later than 9
540 days after the date of the enactment of this 10
section, the Secretary, in consultation with the 11
Administrator, shall prescribe regulations iden-12
tifying the conditions under which carbon diox-13
ide may be safely and permanently sequestered. 14
‘‘(4) COORDINATION WITH CREDIT FOR CARBON 15
DIOXIDE SEQUESTRATION.—At such time that the 16
Secretary prescribes regulations implementing this 17
section, no payment under this section shall be al-18
lowed to a taxpayer to whom a credit has been al-19
lowed for any taxable year under section 45Q. 20
‘‘SEC. 9906. ADMINISTRATIVE AUTHORITY. 21
‘‘(a) IN GENERAL.—The Secretary in consultation 22
with the Administrator shall prescribe such regulations, 23
and other guidance, as may be necessary to carry out the 24
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•HR 2307 IH
purposes of this subtitle and assess and collect the carbon 1
fee imposed by section 9902. 2
‘‘(b) SPECIFICALLY.—Such regulations and guidance 3
shall include— 4
‘‘(1) the identification of an effective point in 5
the production, distribution, or use of a covered fuel 6
for collecting such carbon fee, in such a manner so 7
as to minimize administrative burden and maximize 8
the extent to which full fuel cycle greenhouse gas 9
emissions from covered fuels have the carbon fee lev-10
ied upon them, 11
‘‘(2) the identification of covered entities which 12
shall be liable for the payment of the carbon fee, 13
‘‘(3) requirements for the monthly payment of 14
such fees, 15
‘‘(4) as may be necessary or convenient, rules 16
for distinguishing between different types of covered 17
fuels, 18
‘‘(5) as may be necessary or convenient, rules 19
for distinguishing between a covered fuel’s green-20
house gas content and its upstream greenhouse gas 21
emissions, 22
‘‘(6) rules to ensure that no covered fuel has 23
the carbon fee or carbon border fee adjustment im-24
posed upon it more than once, and 25
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‘‘(7) rules to ensure that the domestic imple-1
mentation of the carbon fee coordinate with the im-2
plementation of the carbon border fee adjustment of 3
chapter 102. 4
‘‘CHAPTER 102—CARBON BORDER FEE 5
ADJUSTMENT 6
‘‘Sec. 9908. Carbon border fee adjustment.
‘‘Sec. 9909. Administration of the carbon border fee adjustment.
‘‘Sec. 9910. Allocation of carbon border fee adjustment revenues.
‘‘Sec. 9911. Treaties and international negotiations.
‘‘SEC. 9908. CARBON BORDER FEE ADJUSTMENT. 7
‘‘(a) IN GENERAL.—The fees imposed by, and re-8
funds allowed under, this section shall be referred to as 9
the ‘carbon border fee adjustment’. 10
‘‘(b) PURPOSE.—The purpose of the carbon border 11
fee adjustment is to protect animal, plant, and human life 12
and health, to conserve exhaustible natural resources by 13
preventing carbon leakage, and to facilitate the creation 14
of international agreements. 15
‘‘(c) IMPORTS TO THE UNITED STATES.— 16
‘‘(1) IMPORTED COVERED FUELS FEE.—In the 17
case of any person that imports into the United 18
States any covered fuel, there shall be imposed a fee 19
equal to the total carbon fee that would be imposed 20
on the fuel’s greenhouse gas content under the do-21
mestic carbon fee, including processing emissions. 22
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‘‘(2) IMPORTED CARBON-INTENSIVE PRODUCTS 1
FEE.—In the case of any person that imports into 2
the United States any carbon-intensive product, 3
there shall be imposed a fee equal to the total car-4
bon fee which would have accumulated upon the 5
greenhouse gas content of the imported carbon-in-6
tensive product had the imported carbon-intensive 7
product been produced domestically and subject to 8
the domestic carbon fee. 9
‘‘(3) MODIFICATIONS.—The Secretary shall 10
make an administrative determination of whether 11
any class of imported covered fuels or class of im-12
ported carbon-intensive product is carrying any total 13
foreign carbon cost. The Secretary shall make a de-14
termination of whether international law or the en-15
hancement of global greenhouse gas mitigation ef-16
forts require that those foreign cost of carbon be de-17
ducted from the border carbon fee adjustment deter-18
mined in subsection (c)(1) or subsection (d)(1). 19
‘‘(4) FOREIGN COST OF CARBON; FOREIGN CAR-20
BON COSTS.—For purposes of this subsection, the 21
term ‘foreign cost of carbon’ or ‘foreign carbon cost’ 22
means the explicit price a foreign jurisdiction places 23
upon the emission of greenhouse gas pollution to the 24
atmosphere through law or regulation. Such price 25
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•HR 2307 IH
shall be expressed as the price per metric ton of 1
CO2-e. 2
‘‘(d) REFUND ON EXPORTS FROM UNITED 3
STATES.— 4
‘‘(1) COVERED FUELS.—Under regulations pre-5
scribed by the Secretary, in the case of a covered 6
fuel produced in the United States with respect to 7
which the fee under section 9902 was paid, there 8
shall be allowed as a credit or refund (without inter-9
est) to any exporter of such covered fuels an amount 10
equal to the total carbon fee levied upon the ex-11
ported covered fuel up to the time of its exportation, 12
including processing emissions. Any such credit or 13
refund shall be allowed in the same manner as if it 14
were an overpayment of tax imposed by section 15
9902. 16
‘‘(2) CARBON-INTENSIVE PRODUCTS.—Under 17
regulations prescribed by the Secretary, there shall 18
be allowed a credit or refund (without interest) to 19
exporters of carbon-intensive products manufactured 20
or produced in the United States an amount equal 21
to the total carbon fees accumulated upon the green-22
house gas content of the exported carbon-intensive 23
product up to the time of exportation. Any such 24
credit or refund shall be allowed in the same manner 25
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•HR 2307 IH
as if it were an overpayment of the fee imposed by 1
section 9902 or 9904. 2
‘‘SEC. 9909. ADMINISTRATION OF THE CARBON BORDER 3
FEE ADJUSTMENT. 4
‘‘(a) GENERALLY.—The Secretary in consultation 5
with the Administrator shall prescribe regulations and 6
guidance which implement the carbon border fee adjust-7
ment under section 9908. 8
‘‘(b) COLLABORATION.—In administering any aspect 9
of the border carbon fee adjustment it is the sense of Con-10
gress that the Secretary should collaborate with author-11
ized officers of any jurisdiction, including sub-national 12
governments, affected by the carbon border fee adjust-13
ment. 14
‘‘(c) METHODOLOGY.—In administering the border 15
carbon fee adjustment, the Secretary shall use methodolo-16
gies, procedures, and data which as may be necessary or 17
convenient— 18
‘‘(1) disaggregate a product’s greenhouse gas 19
content; 20
‘‘(2) are consistent with international law and 21
facilitate international cooperation; 22
‘‘(3) in the case of incomplete data, use cus-23
tomary methods of interpolation that favor enhanced 24
mitigation and facilitate international cooperation; 25
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•HR 2307 IH
‘‘(4) avoid the double pricing of greenhouse gas 1
emissions; and 2
‘‘(5) harmonize the border carbon fee adjust-3
ment with the domestic carbon fee so as to ensure 4
all covered fuels used in the United States are sub-5
ject to the carbon fee. 6
‘‘(d) SCHEDULE.—The Secretary shall— 7
‘‘(1) begin implementation the border carbon 8
fee adjustment for covered fuels at the same time as 9
the implementation of the carbon fee; and 10
‘‘(2) begin implementation of the border carbon 11
fee adjustment for carbon-intensive products within 12
two years of the date of the enactment of the En-13
ergy Innovation and Carbon Dividend Act of 2021. 14
‘‘(e) PROCEDURE.—The Secretary shall— 15
‘‘(1) establish fair, timely, impartial, and as 16
necessary confidential procedures by which the im-17
porter of any carbon-intensive product or any cov-18
ered fuel may petition the Secretary to revise the 19
Secretary’s determination of its border carbon fee 20
adjustment liability calculated under section 21
9908(c)(1); 22
‘‘(2) establish fair, timely, impartial, and as 23
necessary confidential procedures by which any ex-24
porter of any product from the United States may 25
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•HR 2307 IH
petition the Secretary to include that exported prod-1
uct on the list of carbon-intensive products; and 2
‘‘(3) establish fair, timely, impartial, and as 3
necessary confidential procedures by which the ex-4
porter of any carbon-intensive product or any cov-5
ered fuel may petition the Secretary to revise the 6
Secretary’s determination of its border carbon fee 7
adjustment refund calculated under section 9908(d). 8
‘‘(f) SHIPMENTS FROM THE UNITED STATES TO THE 9
TERRITORIES OF THE UNITED STATES.—Notwith-10
standing any other treaty, law, or policy, shipments of cov-11
ered fuels or carbon-intensive products from the United 12
States to Guam, the United States Virgin Islands, Amer-13
ican Samoa, Puerto Rico, and the Northern Mariana Is-14
lands shall be eligible for a refund of the carbon fee under 15
section 9908(d). 16
‘‘(g) IMPORTS TO THE TERRITORIES OF THE UNITED 17
STATES.—Notwithstanding any other treaty, law, or pol-18
icy, imports of covered fuels or carbon-intensive products 19
to Guam, the United States Virgin Islands, American 20
Samoa, Puerto Rico, and the Northern Mariana Islands 21
shall not be subject to section 9908(c). 22
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‘‘SEC. 9910. ALLOCATION OF CARBON BORDER FEE ADJUST-1
MENT REVENUES. 2
‘‘The revenues collected under this chapter may be 3
used to supplement appropriations made available in fiscal 4
years 2022 and thereafter— 5
‘‘(1) to U.S. Customs and Border Protection, in 6
such amounts as are necessary to administer the 7
carbon border fee adjustment, then 8
‘‘(2) to the Green Climate Fund, created by de-9
cision 3/CP.17 adopted at the 17th Conference of 10
the Parties to the United Nation Framework Con-11
vention on Climate Change held in Durban, Novem-12
ber 28 to December 11, 2011. 13
‘‘SEC. 9911. TREATIES AND INTERNATIONAL NEGOTIA-14
TIONS. 15
‘‘(a) CONFORMANCE WITH INTERNATIONAL TREA-16
TIES.—In the case that the Appellate Body of the World 17
Trade Organization, or any other authoritative inter-18
national treaty interpreter, shall find any portion of the 19
carbon border fee adjustment under this chapter to violate 20
any treaty to which the United States is a party, the Sec-21
retary of State is authorized to alter that aspect of such 22
carbon border fee adjustment found to violate a treaty ob-23
ligation so as to bring the carbon border fee adjustment 24
into conformance with international law. 25
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‘‘(b) INTERNATIONAL NEGOTIATIONS.—The Con-1
gress finds the international mitigation of greenhouse gas 2
emissions to be of national importance. Therefore, the 3
Congress encourages the Secretary of State, or the Sec-4
retary’s designee, to commence and complete negotiations 5
with other nations with the goal of forming treaties, envi-6
ronmental agreements, accords, partnerships or any other 7
instrument that effectively reduces global greenhouse gas 8
emissions to zero percent of 2010 levels by 2050 and 9
which respect the principle of common but differentiated 10
responsibilities and respective capabilities. 11
‘‘(c) SUSPENSION OF THE CARBON BORDER FEE AD-12
JUSTMENT.—The Secretary may suspend the border car-13
bon fee adjustment, in whole or in part— 14
‘‘(1) when, in the determination of the Sec-15
retary, a country has implemented greenhouse gas 16
mitigation policies sufficient to contribute to a global 17
net reduction of greenhouse gas emissions to zero by 18
2050. In making such determination, the Secretary 19
may partially suspend particular provisions of the 20
carbon border fee adjustment. In making the deter-21
mination, the Secretary shall consult with the im-22
porting country. In making the determination, the 23
Secretary shall follow all existing treaty obligations. 24
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The Secretary shall review any carbon border fee ad-1
justment suspension at least every 5 years, or 2
‘‘(2) by treaty or other international agreement 3
that meets the criteria of section 9911(c)(1) and in-4
cludes provisions for the suspension of the border 5
carbon fee adjustment.’’. 6
SEC. 4. ESTABLISHMENT OF THE CARBON DIVIDEND TRUST 7
FUND. 8
(a) IN GENERAL.—Subchapter A of chapter 98 of the 9
Internal Revenue Code of 1986 is amended by adding at 10
the end the following: 11
‘‘SEC. 9512. CARBON DIVIDEND TRUST FUND. 12
‘‘(a) ESTABLISHMENT AND FUNDING.—There is 13
hereby established in the Treasury of the United States 14
a trust fund to be known as the ‘Carbon Dividend Trust 15
Fund’, consisting of such amounts as may be appropriated 16
to such trust fund as provided for in this section. 17
‘‘(b) TRANSFERS TO THE CARBON DIVIDEND TRUST 18
FUND.—There is hereby appropriated to the Carbon Divi-19
dend Trust Fund amounts equal to the fees received into 20
the Treasury less any amounts refunded or paid under 21
section 9902(d) or 9905 of chapter 101 for each month. 22
‘‘(c) EXPENDITURES.—Amounts in the trust fund 23
shall be available for the following purposes: 24
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‘‘(1) ADMINISTRATIVE EXPENSES.—So much of 1
the expenses necessary to administer the Carbon 2
Dividend Trust Fund for each year, as does not ex-3
ceed— 4
‘‘(A) in the case of the first 5 calendar 5
years ending after the date of the enactment of 6
this section, the administrative expenses for any 7
year may not exceed 8 percent of amounts ap-8
propriated to the Carbon Dividend Trust Fund 9
during such year, and 10
‘‘(B) in the case of any calendar year 11
thereafter, 2 percent of the 5-year rolling aver-12
age of the amounts appropriated to the Carbon 13
Dividend Trust Fund. 14
‘‘(2) OTHER ADMINISTRATIVE EXPENSES.—So 15
much of the expenses as are necessary to administer 16
chapter 101 for any year as does not to exceed 0.60 17
percent of the amounts appropriated to the Carbon 18
Dividend Trust Fund for the previous year, and fur-19
ther limited as follows: 20
‘‘(A) The Department of the Treasury. 21
‘‘(B) The Social Security Administration. 22
‘‘(C) The Environmental Protection Agen-23
cy. 24
‘‘(D) Department of State. 25
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‘‘(3) CARBON DIVIDEND PAYMENTS.— 1
‘‘(A) IN GENERAL.—From the amounts in 2
the Carbon Dividend Trust Fund made avail-3
able under paragraphs (1) and (2) of this sub-4
section for any year, the Secretary shall for 5
each month beginning no more than 270 days 6
after the date of the enactment of the Energy 7
Innovation and Carbon Dividend Act of 2021, 8
make carbon dividend payments to each eligible 9
individual. 10
‘‘(B) PRO-RATA SHARE.—A carbon divi-11
dend payment is one pro-rata share for each 12
adult, and half a pro-rata share for each child 13
under 19 years old, of amounts available for the 14
month in the Carbon Dividend Trust Fund. 15
‘‘(C) ELIGIBLE INDIVIDUAL.—The term 16
‘eligible individual’ means, with respect to any 17
month, any natural living person who has a 18
valid Social Security number or taxpayer identi-19
fication number and is a citizen or lawful resi-20
dent of the United States (other than any indi-21
vidual who is a citizen of any possession of the 22
United States and whose bona fide residence is 23
outside of the United States). The Secretary is 24
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authorized to verify an individual’s eligibility to 1
receive a carbon dividend payment. 2
‘‘(D) FEE TREATMENT OF PAYMENTS.— 3
Amounts paid under this subsection shall be in-4
cludible in gross income. 5
‘‘(E) FEDERAL PROGRAMS AND FEDERAL 6
ASSISTED PROGRAMS.—The carbon dividend 7
amount received by any individual shall not be 8
taken into account as income and shall not be 9
taken into account as resources for purposes of 10
determining the eligibility of such individual or 11
any other individual for benefits or assistance, 12
or the amount or extent of benefits or assist-13
ance, under any Federal program or under any 14
State or local program financed in whole or in 15
part with Federal funds. 16
‘‘(F) ADVANCE PAYMENT.—The Secretary 17
shall transfer to the Carbon Dividend Trust 18
Fund such amounts as are necessary for the 19
disbursement of an advanced carbon dividend to 20
all eligible individuals as follows: 21
‘‘(i) An advanced carbon dividend 22
shall be the same as the anticipated first 23
carbon dividend required to be distributed 24
under subparagraph (A) and shall be dis-25
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tributed the month prior to the first collec-1
tion of the carbon fee. 2
‘‘(ii) Total amounts disbursed as ad-3
vanced carbon dividends shall be deducted 4
from the carbon dividends on a pro-rata 5
basis over the first 3 years after the dis-6
bursement of the first carbon dividends. 7
‘‘(d) ADMINISTRATIVE AUTHORITY.—The Secretary 8
shall promulgate rules, guidance, and regulations useful 9
and necessary to implement the Carbon Dividend Trust 10
Fund. 11
‘‘(e) ASSIGNMENT OF BENEFITS.—The right of any 12
person to any future payment under this chapter shall not 13
be transferable or assignable, at law or in equity, and none 14
of the moneys paid or payable or rights existing under 15
subsection (c)(3) shall be subject to execution, levy, at-16
tachment, garnishment, or other legal process, or to the 17
operation of any bankruptcy or insolvency law.’’. 18
(b) CLERICAL AMENDMENT.—The table of sections 19
for subchapter A of chapter 98 of such Code is amended 20
by adding at the end the following new item: 21
‘‘Sec. 9512. Carbon Dividend Trust Fund.’’.
SEC. 5. LIMITED DISCLOSURE OF INFORMATION. 22
Section 6103(l) of the Internal Revenue Code of 1986 23
is amended by adding at the end the following new para-24
graphs: 25
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‘‘(23) LIMITED DISCLOSURE OF IDENTITY IN-1
FORMATION RELATING TO CARBON DIVIDEND PAY-2
MENTS.— 3
‘‘(A) DEPARTMENT OF TREASURY.—Indi-4
vidual identity information shall, without writ-5
ten request, be open to inspection by or disclo-6
sure to officers and employees of the Depart-7
ment of the Treasury whose official duties re-8
quire such inspection or disclosure for purposes 9
of administering section 9512 (relating the Car-10
bon Dividend Trust Fund). 11
‘‘(B) COMMISSIONER OF SOCIAL SECU-12
RITY.—The Commissioner of Social Security 13
shall, on written request, disclose to officers 14
and employees of the Department of the Treas-15
ury individual identity information which has 16
been disclosed to the Social Security Adminis-17
tration as is necessary to administer section 18
9512. 19
‘‘(C) RESTRICTION ON DISCLOSURE.—In-20
formation disclosed under this paragraph shall 21
be disclosed only for purposes of, and to the ex-22
tent necessary in, carrying out section 9512.’’. 23
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SEC. 6. NATIONAL ACADEMY OF SCIENCES REVIEW OF CAR-1
BON FEE AND EMISSIONS REDUCTION 2
SCHEDULE. 3
(a) IN GENERAL.—Not later than 5 years after the 4
date of the enactment of this Act, the Secretary of Energy 5
shall enter into an agreement with the National Academy 6
of Sciences to prepare a report relating to the carbon fee 7
imposed by section 9902 of the Internal Revenue Code of 8
1986 and the emissions reductions schedule established 9
under section 9903 of such Code. 10
(b) REPORT REQUIREMENTS.—Such report shall— 11
(1) assess the efficiency and effectiveness of the 12
carbon fee in achieving the emissions reduction tar-13
gets set forth in section 9903 of such Code; 14
(2) describe and make recommendations on 15
whether the carbon fee rate and annual increases 16
prescribed by section 9902(c) of such Code should 17
be adjusted in order to optimize the efficiency and 18
effectiveness of this Act in achieving the emissions 19
reduction targets set forth in section 9903 of such 20
Code; 21
(3) describe the potential of the carbon fee to 22
achieve future emissions targets set forth in section 23
9903(a) of such Code through the year 2050; 24
(4) describe and evaluate the effectiveness of 25
the carbon fee in reducing emissions from key sec-26
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tors of the economy, including sectors of the econ-1
omy that have decreased their carbon emissions, sec-2
tors of the economy that have increased their carbon 3
emissions, and sectors of the economy in which car-4
bon emissions have not changed; 5
(5) make findings and recommendations to 6
Federal departments and agencies and to Congress 7
on actions that could be taken to reduce carbon 8
emissions in the sectors of the economy in which 9
carbon emissions have not decreased; 10
(6) make findings and recommendations on ad-11
justing regulations enacted under the Clean Air Act 12
and other Federal laws that affect economic sectors 13
achieving the emissions reduction targets set forth in 14
section 9903 of such Code; and 15
(7) provide an assessment of any other factors 16
determined to be material to the program’s effi-17
ciency and effectiveness in achieving the goals set 18
forth in this Act. 19
(c) REPORT MADE PUBLICLY AVAILABLE.—Not later 20
than one year after the review in subsection (a) has com-21
menced, the Secretary of Energy shall submit to Congress 22
the report required under subsection (a). Such report shall 23
be made electronically available to the public and open to 24
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public comment for at least 60 days before the final sub-1
mission to Congress. 2
SEC. 7. IMPACT OF CARBON FEE ON BIOMASS USE AND 3
CARBON SINKS. 4
(a) STUDY OF BIOMASS.—The Secretary of Energy 5
shall enter into an agreement with the National Academy 6
of Sciences and the Administrator of the Environmental 7
Protection Agency to conduct a study, make recommenda-8
tions, and submit a report regarding the impact of the 9
carbon fee on the use of biomass as an energy source and 10
the resulting impacts on carbon sinks and biodiversity. 11
(b) STUDY REQUIREMENTS.—The study conducted 12
under subsection (a) by the National Academy of Sciences 13
shall include analysis, documentation, and determinations 14
on— 15
(1) the carbon fee and its impact on the use of 16
biomass as an energy source and greenhouse gas 17
emissions from the use of biomass as an energy 18
source; 19
(2) the impacts of the use of biomass as an en-20
ergy source on carbon sinks and biodiversity; and 21
(3) the various types of biomass that are being 22
used as an energy source. 23
(c) RECOMMENDATIONS.—Based on the findings and 24
conclusions of the study, the National Academy of 25
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Sciences shall make recommendations to Federal depart-1
ments and agencies and to Congress. The recommenda-2
tions shall include any actions that should be taken to 3
mitigate impacts of the carbon fee on— 4
(1) increasing greenhouse gas emissions from 5
the use of biomass as an energy source; and 6
(2) degradation of carbon sinks and biodiversity 7
relating to the use of biomass as an energy source. 8
(d) REPORT.—The National Academy of Sciences 9
shall prepare a report that includes any findings and rec-10
ommendations made pursuant to this section and, not 11
later than 18 months after the date of the enactment of 12
this Act, make such report electronically available to the 13
public. 14
SEC. 8. EFFECTIVE DATE. 15
The amendments made by this Act shall take effect 16
on the date of the enactment of this Act, except the carbon 17
fee under section 9902 of the Internal Revenue Code of 18
1986 shall apply to uses, sales, or transfers no more than 19
270 days after the date of the enactment of this Act. 20
SEC. 9. PRINCIPLE OF INTERPRETATION. 21
In the case of ambiguity, the texts of this statute and 22
its amending texts shall be interpreted so as to allow for 23
the most effective abatement of greenhouse gas emissions. 24
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SEC. 10. NO PREEMPTION OF STATE LAW. 1
(a) IN GENERAL.—Nothing in this Act shall preempt 2
or supersede, or be interpreted to preempt or supersede, 3
any State law or regulation. 4
(b) NO PREEMPTION OF STATE COMMON LAW OR 5
STATUTORY CAUSES OF ACTION.—Noting in this Act, nor 6
any standard, rule, requirement, risk evaluation, or assess-7
ment created or implemented pursuant to this Act, shall 8
be construed to preempt any State common law or State 9
statutory law creating a remedy for civil relief. 10
Æ
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