Climate Action Now Act

II Calendar No. 79 116TH CONGRESS 1ST SESSION H. R. 9 IN THE SENATE OF THE UNITED STATES MAY 6, 2019 Received; read the first time MAY 7, 2019 Read the second time and placed on the calendar AN ACT To direct the President to develop a plan for the United States to meet its nationally determined contribution under the Paris Agreement, and for other purposes. 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 ‘‘Climate Action Now 4 Act’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) In Paris, on December 12, 2015, parties to 8 the United Nations Framework Convention on Cli- 9 VerDate Sep 11 2014 22:44 May 07, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H9.PCS H9 kjohnson on DSK79L0C42 with BILLS 2 HR 9 PCS mate Change (UNFCCC) reached a landmark agree- 1 ment to combat climate change and to accelerate 2 and intensify the actions and investments needed for 3 a sustainable low carbon future. 4 (2) The Paris Agreement’s central aim is to 5 strengthen the global response to the threat of cli- 6 mate change by keeping a global temperature rise 7 well below 2 degrees Celsius above pre-industrial lev- 8 els and to pursue efforts to limit the temperature in- 9 crease even further to 1.5 degrees Celsius. 10 (3) The Paris Agreement specifies the need for 11 a strong global response to climate change and when 12 taking action, the need to respect, promote, and 13 safeguard the right to health now and for future 14 generations. 15 (4) The Paris Agreement acknowledges that all 16 ‘‘Parties should, when taking action to address cli- 17 mate change, respect, promote and consider their re- 18 spective obligations on human rights, the right to 19 health, the rights of indigenous peoples, local com- 20 munities, migrants, children, persons with disabil- 21 ities and people in vulnerable situations and the 22 right to development, as well as gender equality, em- 23 powerment of women and intergenerational equity’’. 24 VerDate Sep 11 2014 22:44 May 07, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H9.PCS H9 kjohnson on DSK79L0C42 with BILLS 3 HR 9 PCS (5) The Paris Agreement notes the importance 1 of ‘‘climate justice’’ when mitigating and adapting to 2 climate change and recognizes ‘‘the need for an ef- 3 fective and progressive response to the urgent threat 4 of climate change’’. 5 (6) The Paris Agreement requires all parties to 6 put forward their best efforts through nationally de- 7 termined contributions (NDCs) and to strengthen 8 these efforts in the years ahead. 9 (7) The Paris Agreement further requires each 10 party to update its nationally determined contribu- 11 tion every 5 years, with each successive nationally 12 determined contribution representing a progression 13 beyond the previous nationally determined contribu- 14 tion, and reflecting the party’s highest possible am- 15 bition. 16 (8) The Paris Agreement recognizes that the 17 ocean ecosystems covering more than 70 percent of 18 the Earth’s surface have an integral role in climate 19 balance. Seventy percent of nationally determined 20 contributions under the Paris Agreement are ocean- 21 inclusive, and 39 Paris Agreement signatories are 22 focused on the inclusion of ocean action in nationally 23 determined contributions through the Because the 24 Ocean Initiative. 25 VerDate Sep 11 2014 22:44 May 07, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H9.PCS H9 kjohnson on DSK79L0C42 with BILLS 4 HR 9 PCS (9) The United States communicated its nation- 1 ally determined contribution to achieve an economy- 2 wide target of reducing its greenhouse gas emissions 3 by 26 to 28 percent below its 2005 level in 2025 and 4 to make best efforts to reduce its emissions by 28 5 percent. 6 (10) A number of existing laws, regulations, 7 and other mandatory measures in the United States 8 are relevant to achieving this target, including the 9 Clean Air Act (42 U.S.C. 7401 et seq.), the Energy 10 Policy Act of 1992 (Public Law 102–486), and the 11 Energy Independence and Security Act of 2007 12 (Public Law 110–140). 13 (11) Essential in achieving this target is a 14 thriving clean energy industry in the United States, 15 which currently employs over 500,000 Americans. 16 (12) On June 1, 2017, President Trump an- 17 nounced his intention to withdraw the United States 18 from the Paris Agreement, which would leave the 19 United States as the only UNFCCC member state 20 that is not a signatory to the Paris Agreement. 21 (13) Article 8 of the Paris Agreement notes 22 Parties recognize the importance of averting, mini- 23 mizing and addressing loss and damage associated 24 with the adverse effects of climate change, including 25 VerDate Sep 11 2014 22:44 May 07, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H9.PCS H9 kjohnson on DSK79L0C42 with BILLS 5 HR 9 PCS extreme weather events and slow onset events, and 1 the role of sustainable development in reducing the 2 risk of loss and damage such as strong winds from 3 hurricanes and tropical storms, and flooding from 4 storm surges and heavy rain, that inflict losses on 5 various sectors of the United States economy. 6 (14) Under the terms of the Paris Agreement, 7 the earliest possible effective withdrawal date by the 8 United States is November 4, 2020. However, the 9 United States is still obligated to maintain certain 10 commitments under the Paris Agreement, such as 11 continuing to report its emissions to the United Na- 12 tions. 13 (15) The Paris Agreement further requires that 14 parties ‘‘should strengthen their cooperation on en- 15 hancing action on adaptation, taking into account 16 the Cancun Adaptation Framework’’, which includes 17 ‘‘measures to enhance understanding, coordination 18 and cooperation with regard to climate change in- 19 duced displacement, migration and planned reloca- 20 tion, where appropriate, at the national, regional 21 and international levels’’. 22 (16) Article 8 of the Paris Agreement states 23 that ‘‘Parties recognize the importance of averting, 24 minimizing and addressing loss and damage associ- 25 VerDate Sep 11 2014 22:44 May 07, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H9.PCS H9 kjohnson on DSK79L0C42 with BILLS 6 HR 9 PCS ated with the adverse effects of climate change, in- 1 cluding extreme weather events and slow onset 2 events’’, such as sea level rise, saltwater intrusion, 3 and flooding. 4 (17) The Paris Agreement is an example of 5 multilateral, international cooperation needed to 6 overcome challenges facing the international commu- 7 nity, such as reducing emissions, promoting eco- 8 nomic growth, and deploying clean energy tech- 9 nologies. 10 (18) The Paris Agreement recognizes ‘‘the fun- 11 damental priority of safeguarding food security and 12 ending hunger, and the particular vulnerabilities of 13 food production systems to the adverse impacts of 14 climate change.’’. 15 (19) The Paris Agreement recognizes that ad- 16 aptation is a global challenge faced by all with local, 17 subnational, national, regional and international di- 18 mensions, and that it is a key component of and 19 makes a contribution to the long-term global re- 20 sponse to climate change to protect people, liveli- 21 hoods, and ecosystems. 22 (20) American leadership encouraged wide- 23 spread international participation in the Paris 24 Agreement. 25 VerDate Sep 11 2014 22:44 May 07, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H9.PCS H9 kjohnson on DSK79L0C42 with BILLS 7 HR 9 PCS (21) American cities, States, and businesses are 1 stepping up and pledging to meet the Paris Agree- 2 ment goals in the wake of absent and uncertain 3 United States Federal leadership. 4 (22) Article 8 of the Paris Agreement states 5 that ‘‘Parties recognize the importance of averting, 6 minimizing and addressing loss and damage associ- 7 ated with the adverse effects of climate change, in- 8 cluding extreme weather events and slow onset 9 events’’ such as drought conditions and water scar- 10 city. 11 (23) The Paris Agreement has driven innova- 12 tion in developing cleaner, more reliable, and more 13 affordable forms of energy, demonstrating that ad- 14 dressing climate change and providing affordable en- 15 ergy to American consumers are not mutually exclu- 16 sive. The Paris Agreement encouraged the United 17 States to develop a Mid-Century Strategy for Deep 18 Decarbonization, which was submitted on November 19 16, 2016. The Mid-Century Strategy for Deep 20 Decarbonization stated that ‘‘energy efficiency im- 21 provements enable the energy system to provide the 22 services we need with fewer resources and emissions. 23 Over the past several years, the United States has 24 demonstrated that programs and standards to im- 25 VerDate Sep 11 2014 22:44 May 07, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H9.PCS H9 kjohnson on DSK79L0C42 with BILLS 8 HR 9 PCS prove the energy efficiency of buildings, appliances 1 and vehicles can cost-effectively cut carbon pollution 2 and lower energy bills, while maintaining significant 3 support from U.S. industry and consumers.’’. 4 (24) In its nationally determined contribution, 5 the United States notes that pursuant to Executive 6 Order No. 13693 (2015), the Federal Government 7 has committed to reduce emissions 40 percent below 8 2005 levels by 2025, and reaffirmed the Department 9 of Defense’s goal to procure renewable energy across 10 military installations and operations ‘‘to drive na- 11 tional greenhouse gas reductions and support prep- 12 arations for the impacts of climate change’’. 13 (25) Article 10 of the Paris Agreement states 14 that ‘‘Parties, noting the importance of technology 15 for the implementation of mitigation and adaptation 16 actions under this Agreement and recognizing exist- 17 ing technology deployment and dissemination efforts, 18 shall strengthen cooperative action on technology de- 19 velopment and transfer.’’. 20 SEC. 3. PROHIBITION ON USE OF FUNDS TO ADVANCE THE 21 WITHDRAWAL OF THE UNITED STATES FROM 22 THE PARIS AGREEMENT. 23 Notwithstanding any other provision of law, no funds 24 are authorized to be appropriated, obligated, or expended 25 VerDate Sep 11 2014 22:44 May 07, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H9.PCS H9 kjohnson on DSK79L0C42 with BILLS 9 HR 9 PCS to take any action to advance the withdrawal of the United 1 States from the Paris Agreement. 2 SEC. 4. PLAN FOR THE UNITED STATES TO MEET ITS NA- 3 TIONALLY DETERMINED CONTRIBUTION 4 UNDER THE PARIS AGREEMENT. 5 (a) IN GENERAL.—Not later than 120 days after the 6 date of the enactment of this Act, the President shall de- 7 velop and submit to the appropriate congressional commit- 8 tees and make available to the public a plan for the United 9 States to meet its nationally determined contribution 10 under the Paris Agreement that describes— 11 (1) how the United States will achieve an econ- 12 omy-wide target of reducing its greenhouse gas 13 emissions by 26 to 28 percent below its 2005 level 14 by 2025; 15 (2) how the United States will use the Paris 16 Agreement’s transparency provisions to confirm that 17 other parties to the Agreement with major econo- 18 mies are fulfilling their announced contributions to 19 the Agreement; 20 (3) how the United States may use multilateral 21 and bilateral diplomatic tools, in addition to the ex- 22 pert committee established under Article 15 of the 23 Paris Agreement, to encourage and assist other par- 24 VerDate Sep 11 2014 22:44 May 07, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H9.PCS H9 kjohnson on DSK79L0C42 with BILLS 10 HR 9 PCS ties to the Agreement to fulfill their announced con- 1 tributions; 2 (4) how the Paris Agreement’s loss and damage 3 provisions would affect infrastructure resiliency in 4 the United States; and 5 (5) how the plan takes into consideration popu- 6 lations, regions, industries, and constituencies that 7 could be affected by nationally determined contribu- 8 tion under the Paris Agreement, and the failure to 9 meet such contribution, including but not limited 10 to— 11 (A) American jobs, wage, and pay; 12 (B) the cost of energy, such as electricity 13 and gasoline, for consumers; and 14 (C) the ability to develop and deploy new, 15 innovative, domestically-produced technologies. 16 (b) UPDATES TO PLAN.—Not later than 1 year after 17 the date of the enactment of this Act, and annually there- 18 after, the President shall submit to the appropriate con- 19 gressional committees and make available to the public an 20 updated plan under subsection (a). 21 (c) EDUCATION AND PUBLIC AWARENESS.— 22 (1) IN GENERAL.—The plan under this section 23 shall be consistent with Article 12 of the Paris 24 Agreement, which states ‘‘Parties shall cooperate in 25 VerDate Sep 11 2014 22:44 May 07, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H9.PCS H9 kjohnson on DSK79L0C42 with BILLS 11 HR 9 PCS taking measures, as appropriate, to enhance climate 1 change education, training, public awareness, public 2 participation and public access to information, rec- 3 ognizing the importance of these steps with respect 4 to enhancing actions under this Agreement.’’. 5 (2) RULE OF CONSTRUCTION.—Nothing in this 6 Act may be construed to require or prohibit the 7 President from including in the plan under this sec- 8 tion, consistent with the prohibition described in sec- 9 tion 438 of the General Education Provisions Act 10 (20 U.S.C. 1232a), recommendations to support 11 State and local educational agencies, in integrating 12 instruction on human-caused climate change and the 13 societal, environmental, and economic effects of such 14 climate change into curricula taught in elementary 15 and secondary schools under the control of such 16 State and local educational agencies, in order to 17 meet the goals and ambitions of the Paris Agree- 18 ment to ensure climate education and awareness in 19 schools. 20 (d) APPROPRIATE CONGRESSIONAL COMMITTEES 21 DEFINED.—In this section, the term ‘‘appropriate con- 22 gressional committees’’ means— 23 VerDate Sep 11 2014 22:44 May 07, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H9.PCS H9 kjohnson on DSK79L0C42 with BILLS 12 HR 9 PCS (1) the Committee on Foreign Affairs and the 1 Committee on Energy and Commerce of the House 2 of Representatives; and 3 (2) the Committee on Foreign Relations, the 4 Committee on Environment and Public Works, and 5 the Committee on Energy and Natural Resources of 6 the Senate. 7 (e) STATE AND LOCAL ACTIONS.—Nothing in this 8 Act s [Text truncated for display. Full text available on Congress.gov.]