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(ii) determined in regulations promul-
1
gated under section 1104(c)(1) (or revisions
2
to the regulations) to be appropriate and
3
practicable for coverage under this title.
4
(9) I
NDIRECT EMISSIONS
.—The term ‘‘indirect
5
emissions’’ means greenhouse gas emissions that—
6
(A) are a result of the activities of an enti-
7
ty; but
8
(B)(i) are emitted from a facility owned or
9
controlled by another entity; and
10
(ii) are not reported as direct emissions by
11
the entity the activities of which resulted in the
12
emissions.
13
(10) R
EGISTRY
.—The term ‘‘registry’’ means the
14
registry of greenhouse gas emission reductions estab-
15
lished as a component of the database under section
16
1104(b)(2).
17
(11) S
EQUESTRATION
.—
18
(A) I
N
GENERAL
.—The term ‘‘sequestra-
19
tion’’ means the capture, long-term separation,
20
isolation, or removal of greenhouse gases from the
21
atmosphere.
22
(B) I
NCLUSIONS
.—The term ‘‘sequestration’’
23
includes—
24
(i) soil carbon sequestration;
25
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(ii) agricultural and conservation
1
practices;
2
(iii) reforestation;
3
(iv) forest preservation;
4
(v) maintenance of an underground
5
reservoir; and
6
(vi) any other appropriate biological
7
or geological method of capture, isolation, or
8
removal of greenhouse gases from the atmos-
9
phere, as determined by the Administrator.
10
SEC. 1103. ESTABLISHMENT OF MEMORANDUM OF AGREE-
11
MENT.
12
(a) I
N
G
ENERAL
.—Not later than 1 year after the date
13
of enactment of this Act, the President, acting through the
14
Director of the Office of National Climate Change Policy,
15
shall direct the Secretary of Energy, the Secretary of Com-
16
merce, the Secretary of Agriculture, the Secretary of Trans-
17
portation, and the Administrator to enter into a memo-
18
randum of agreement under which those heads of Federal
19
agencies will—
20
(1) recognize and maintain statutory and regu-
21
latory authorities, functions, and programs that—
22
(A) are established as of the date of enact-
23
ment of this Act under other law;
24
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HR 6 EAS1S/PP
(B) provide for the collection of data relat-
1
ing to greenhouse gas emissions and effects; and
2
(C) are necessary for the operation of the
3
database;
4
(2)(A) distribute additional responsibilities and
5
activities identified under this title to Federal depart-
6
ments or agencies in accordance with the missions
7
and expertise of those departments and agencies; and
8
(B) maximize the use of available resources of
9
those departments and agencies; and
10
(3) provide for the comprehensive collection and
11
analysis of data on greenhouse gas emissions relating
12
to product use (including the use of fossil fuels and
13
energy-consuming appliances and vehicles).
14
(b) M
INIMUM
R
EQUIREMENTS
.—The memorandum of
15
agreement entered into under subsection (a) shall, at a min-
16
imum, retain the following functions for the designated
17
agencies:
18
(1) D
EPARTMENT OF ENERGY
.—The Secretary of
19
Energy shall be primarily responsible for developing,
20
maintaining, and verifying the registry and the emis-
21
sion reductions reported under section 1605(b) of the
22
Energy Policy Act of 1992 (42 U.S.C. 13385(b)).
23
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HR 6 EAS1S/PP
(2) D
EPARTMENT OF COMMERCE
.—The Secretary
1
of Commerce shall be primarily responsible for the de-
2
velopment of—
3
(A) measurement standards for the moni-
4
toring of emissions; and
5
(B) verification technologies and methods to
6
ensure the maintenance of a consistent and tech-
7
nically accurate record of emissions, emission re-
8
ductions, and atmospheric concentrations of
9
greenhouse gases for the database.
10
(3) E
NVIRONMENTAL PROTECTION AGENCY
.—The
11
Administrator shall be primarily responsible for—
12
(A) emissions monitoring, measurement,
13
verification, and data collection under this title
14
and title IV (relating to acid deposition control)
15
and title VIII of the Clean Air Act (42 U.S.C.
16
7651 et seq.), including mobile source emissions
17
information from implementation of the cor-
18
porate average fuel economy program under
19
chapter 329 of title 49, United States Code; and
20
(B) responsibilities of the Environmental
21
Protection Agency relating to completion of the
22
national inventory for compliance with the
23
United Nations Framework Convention on Cli-
24
mate Change, done at New York on May 9, 1992.
25
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HR 6 EAS1S/PP
(4) D
EPARTMENT OF AGRICULTURE
.—The Sec-
1
retary of Agriculture shall be primarily responsible
2
for—
3
(A) developing measurement techniques
4
for—
5
(i) soil carbon sequestration; and
6
(ii) forest preservation and reforest-
7
ation activities; and
8
(B) providing technical advice relating to
9
biological carbon sequestration measurement and
10
verification standards for measuring greenhouse
11
gas emission reductions or offsets.
12
(c) D
RAFT
M
EMORANDUM OF
A
GREEMENT
.—Not later
13
than 15 months after the date of enactment of this Act, the
14
President, acting through the Director of the Office of Na-
15
tional Climate Change Policy, shall publish in the Federal
16
Register, and solicit comments on, a draft version of the
17
memorandum of agreement described in subsection (a).
18
(d) N
O
J
UDICIAL
R
EVIEW
.—The final version of the
19
memorandum of agreement shall not be subject to judicial
20
review.
21
SEC. 1104. NATIONAL GREENHOUSE GAS DATABASE.
22
(a) E
STABLISHMENT
.—As soon as practicable after the
23
date of enactment of this Act, the designated agencies, in
24
consultation with the private sector and nongovernmental
25
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HR 6 EAS1S/PP
organizations, shall jointly establish, operate, and maintain
1
a database, to be known as the ‘‘National Greenhouse Gas
2
Database’’, to collect, verify, and analyze information on
3
greenhouse gas emissions by entities.
4
(b) N
ATIONAL
G
REENHOUSE
G
AS
D
ATABASE
C
OMPO
-
5
NENTS
.—The database shall consist of—
6
(1) an inventory of greenhouse gas emissions;
7
and
8
(2) a registry of greenhouse gas emission reduc-
9
tions.
10
(c) C
OMPREHENSIVE
S
YSTEM
.—
11
(1) I
N GENERAL
.—Not later than 2 years after
12
the date of enactment of this Act, the designated agen-
13
cies shall jointly promulgate regulations to implement
14
a comprehensive system for greenhouse gas emissions
15
reporting, inventorying, and reductions registration.
16
(2) R
EQUIREMENTS
.—The designated agencies
17
shall ensure, to the maximum extent practicable,
18
that—
19
(A) the comprehensive system described in
20
paragraph (1) is designed to—
21
(i)
maximize
completeness,
trans-
22
parency, and accuracy of information re-
23
ported; and
24
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HR 6 EAS1S/PP
(ii) minimize costs incurred by entities
1
in measuring and reporting greenhouse gas
2
emissions; and
3
(B) the regulations promulgated under
4
paragraph (1) establish procedures and protocols
5
necessary—
6
(i) to prevent the reporting of some or
7
all of the same greenhouse gas emissions or
8
emission reductions by more than 1 report-
9
ing entity;
10
(ii) to provide for corrections to errors
11
in data submitted to the database;
12
(iii) to provide for adjustment to data
13
by reporting entities that have had a sig-
14
nificant organizational change (including
15
mergers, acquisitions, and divestiture), in
16
order to maintain comparability among
17
data in the database over time;
18
(iv) to provide for adjustments to re-
19
flect new technologies or methods for meas-
20
uring or calculating greenhouse gas emis-
21
sions; and
22
(v) to account for changes in registra-
23
tion of ownership of emission reductions re-
24
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HR 6 EAS1S/PP
sulting from a voluntary private trans-
1
action between reporting entities.
2
(3) B
ASELINE
IDENTIFICATION
AND
PROTEC
-
3
TION
.—Through regulations promulgated under para-
4
graph (1), the designated agencies shall develop and
5
implement a system that provides—
6
(A) for the provision of unique serial num-
7
bers to identify the verified emission reductions
8
made by an entity relative to the baseline of the
9
entity;
10
(B) for the tracking of the reductions associ-
11
ated with the serial numbers; and
12
(C) that the reductions may be applied, as
13
determined to be appropriate by any Act of Con-
14
gress enacted after the date of enactment of this
15
Act, toward a Federal requirement under such
16
an Act that is imposed on the entity for the pur-
17
pose of reducing greenhouse gas emissions.
18
SEC. 1105. GREENHOUSE GAS REDUCTION REPORTING.
19
(a) I
N
G
ENERAL
.—An entity that participates in the
20
registry shall meet the requirements described in subsection
21
(b).
22
(b) R
EQUIREMENTS
.—
23
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HR 6 EAS1S/PP
(1) I
N GENERAL
.—The requirements referred to
1
in subsection (a) are that an entity (other than an
2
entity described in paragraph (2)) shall—
3
(A) establish a baseline (including all of the
4
entity’s greenhouse gas emissions on an entity-
5
wide basis); and
6
(B) submit the report described in sub-
7
section (c)(1).
8
(2) R
EQUIREMENTS
APPLICABLE
TO
ENTITIES
9
ENTERING INTO CERTAIN AGREEMENTS
.—An entity
10
that enters into an agreement with a participant in
11
the registry for the purpose of a carbon sequestration
12
project shall not be required to comply with the re-
13
quirements specified in paragraph (1) unless that en-
14
tity is required to comply with the requirements by
15
reason of an activity other than the agreement.
16
(c) R
EPORTS
.—
17
(1) R
EQUIRED REPORT
.—Not later than April 1
18
of the third calendar year that begins after the date
19
of enactment of this Act, and not later than April 1
20
of each calendar year thereafter, subject to paragraph
21
(3), an entity described in subsection (a) shall submit
22
to each appropriate designated agency a report that
23
describes, for the preceding calendar year, the entity-
24
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HR 6 EAS1S/PP
wide greenhouse gas emissions (as reported at the fa-
1
cility level), including—
2
(A) the total quantity of each greenhouse
3
gas emitted, expressed in terms of mass and in
4
terms of the quantity of carbon dioxide equiva-
5
lent;
6
(B) an estimate of the greenhouse gas emis-
7
sions from fossil fuel combusted by products
8
manufactured and sold by the entity in the pre-
9
vious calendar year, determined over the average
10
lifetime of those products; and
11
(C) such other categories of emissions as the
12
designated agency determines in the regulations
13
promulgated under section 1104(c)(1) may be
14
practicable and useful for the purposes of this
15
title, such as—
16
(i) direct emissions from stationary
17
sources;
18
(ii) indirect emissions from imported
19
electricity, heat, and steam;
20
(iii) process and fugitive emissions;
21
and
22
(iv) production or importation of
23
greenhouse gases.
24
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HR 6 EAS1S/PP
(2) V
OLUNTARY
REPORTING
.—An entity de-
1
scribed in subsection (a) may (along with establishing
2
a baseline and reporting reductions under this sec-
3
tion)—
4
(A) submit a report described in paragraph
5
(1) before the date specified in that paragraph
6
for the purposes of achieving and commoditizing
7
greenhouse gas reductions through use of the reg-
8
istry; and
9
(B) submit to any designated agency, for
10
inclusion in the registry, information that has
11
been verified in accordance with regulations pro-
12
mulgated under section 1104(c)(1) and that re-
13
lates to—
14
(i) with respect to the calendar year
15
preceding the calendar year in which the
16
information is submitted, and with respect
17
to any greenhouse gas emitted by the
18
entity—
19
(I) project reductions from facili-
20
ties owned or controlled by the report-
21
ing entity in the United States;
22
(II) transfers of project reductions
23
to and from any other entity;
24
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HR 6 EAS1S/PP
(III) project reductions and trans-
1
fers of project reductions outside the
2
United States;
3
(IV) other indirect emissions that
4
are not required to be reported under
5
paragraph (1); and
6
(V) product use phase emissions;
7
(ii) with respect to greenhouse gas
8
emission reductions activities of the entity
9
that have been carried out during or after
10
1990, verified in accordance with regula-
11
tions promulgated under section 1104(c)(1),
12
and submitted to 1 or more designated
13
agencies before the date that is 4 years after
14
the date of enactment of this Act, any green-
15
house gas emission reductions that have
16
been reported or submitted by an entity
17
under—
18
(I) section 1605(b) of the Energy
19
Policy
Act
of
1992
(42
U.S.C.
20
13385(b)); or
21
(II) any other Federal or State
22
voluntary greenhouse gas reduction
23
program; and
24
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