Clean Economy Act of 2020

II 116TH CONGRESS 2D SESSION S. 3269 To set and meet a national goal of net-zero greenhouse gas emissions by not later than 2050, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 11, 2020 Mr. CARPER (for himself, Ms. BALDWIN, Mr. BENNET, Mr. BLUMENTHAL, Mr. BOOKER, Ms. CANTWELL, Mr. CARDIN, Mr. CASEY, Mr. COONS, Ms. CORTEZ MASTO, Ms. DUCKWORTH, Mr. DURBIN, Mrs. FEINSTEIN, Ms. HASSAN, Mr. HEINRICH, Ms. HIRONO, Mr. KAINE, Mr. KING, Ms. KLO- BUCHAR, Mr. LEAHY, Mr. MENENDEZ, Mr. MURPHY, Mrs. MURRAY, Mr. PETERS, Ms. ROSEN, Mr. SCHATZ, Mr. SCHUMER, Mrs. SHAHEEN, Ms. SMITH, Ms. STABENOW, Mr. UDALL, Mr. VAN HOLLEN, Mr. WARNER, and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To set and meet a national goal of net-zero greenhouse gas emissions by not later than 2050, 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 ‘‘Clean Economy Act 4 of 2020’’. 5 VerDate Sep 11 2014 23:36 Feb 12, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3269.IS S3269 kjohnson on DSK79L0C42PROD with BILLS 2 •S 3269 IS SEC. 2. NET-ZERO GREENHOUSE GAS EMISSIONS BY NOT 1 LATER THAN 2050. 2 (a) DEFINITIONS.—In this section: 3 (1) ADMINISTRATOR.—The term ‘‘Adminis- 4 trator’’ means the Administrator of the Environ- 5 mental Protection Agency. 6 (2) ANTHROPOGENIC.—The term ‘‘anthropo- 7 genic’’, with respect to greenhouse gas, means emis- 8 sions and removals that are— 9 (A) the direct result of human activities; or 10 (B) the result of natural processes that 11 have been affected by human activities. 12 (3) NET-ZERO EMISSIONS.—The term ‘‘net-zero 13 emissions’’ means that, on an annual basis with re- 14 spect to the United States, the quantity of anthropo- 15 genic greenhouse gases emitted by sources does not 16 exceed the quantity of anthropogenic sinks of green- 17 house gases, as calculated by the Administrator 18 using methodologies that are consistent with the rec- 19 ommendations in the document of the Intergovern- 20 mental Panel on Climate Change entitled ‘‘2019 Re- 21 finement to the 2006 Guidelines for National Green- 22 house Gas Inventories’’ (or any successor guidelines 23 or refinements). 24 (b) PLAN FOR REDUCTION OF EMISSIONS.—The Ad- 25 ministrator, acting pursuant to existing authorities under 26 VerDate Sep 11 2014 23:36 Feb 12, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3269.IS S3269 kjohnson on DSK79L0C42PROD with BILLS 3 •S 3269 IS the Clean Air Act (42 U.S.C. 7401 et seq.) and other ex- 1 isting authorities of the Administrator, shall adopt and 2 implement a plan— 3 (1) to reduce greenhouse gas emissions from 4 the United States that puts the United States on a 5 pathway to achieve net-zero emissions by not later 6 than 2050; and 7 (2) to achieve the interim targets established 8 pursuant to subsection (c)(1)(C). 9 (c) REQUIREMENTS.— 10 (1) IN GENERAL.—The plan under subsection 11 (b) shall— 12 (A) achieve rapid greenhouse gas emission 13 reductions, based on the best available science, 14 to protect public health and welfare from the 15 effects of climate change; 16 (B) be designed— 17 (i) to build on and reinforce progress 18 by States, units of local government, and 19 the private sector to reduce greenhouse gas 20 emissions; 21 (ii) to maximize greenhouse gas emis- 22 sion reductions while minimizing economic 23 costs; 24 VerDate Sep 11 2014 23:36 Feb 12, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3269.IS S3269 kjohnson on DSK79L0C42PROD with BILLS 4 •S 3269 IS (iii) to reduce and minimize pollution 1 and cumulative environmental effects in 2 economically distressed communities, com- 3 munities of color, and indigenous commu- 4 nities, which are often disproportionately 5 burdened by air, water, and land pollution 6 and climate risks; 7 (iv) to maximize the nationwide de- 8 ployment of existing and emerging tech- 9 nologies to reduce greenhouse gas emis- 10 sions, including— 11 (I) low- and zero-greenhouse gas 12 electricity, transportation, and build- 13 ing technologies; 14 (II) methane capture and de- 15 struction technologies; and 16 (III) carbon capture, utilization, 17 and sequestration technologies and 18 practices, including direct air capture; 19 (v) to prevent domestic carbon leak- 20 age; 21 (vi) to maximize flexibility in reducing 22 greenhouse gas emissions for entities sub- 23 ject to regulation under this section; 24 VerDate Sep 11 2014 23:36 Feb 12, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3269.IS S3269 kjohnson on DSK79L0C42PROD with BILLS 5 •S 3269 IS (vii) to minimize costs of greenhouse 1 gas emission reductions to consumers, par- 2 ticularly consumers from low-income 3 households; 4 (viii) to prioritize infrastructure in- 5 vestments that— 6 (I) reduce emissions of green- 7 house gases and other pollutants; 8 (II) make communities more re- 9 silient to the effects of climate change; 10 and 11 (III) use domestic labor and do- 12 mestic content, promote job creation 13 and job growth, and benefit workers 14 and communities by utilizing project 15 labor agreements and community ben- 16 efit agreements; 17 (ix) to support early investments and 18 job creation in energy efficiency and net- 19 zero emissions technologies— 20 (I) in low-income communities 21 and communities of color; and 22 (II) that reduce greenhouse gas 23 emissions from— 24 VerDate Sep 11 2014 23:36 Feb 12, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3269.IS S3269 kjohnson on DSK79L0C42PROD with BILLS 6 •S 3269 IS (aa) the transportation sec- 1 tor; 2 (bb) commercial buildings 3 and homes, including multifamily 4 homes; and 5 (cc) the industrial sector; 6 (x) to help address closed, abandoned, 7 or underutilized industrial sites and other 8 sources of legacy pollution, particularly in 9 low-income communities and communities 10 of color, and assist with remediation and 11 reclamation of those sites; 12 (xi) to help ensure that communities 13 are more resilient to the effects of climate 14 change, particularly with respect to the 15 ability of communities to provide safe 16 drinking water and other essential public 17 services in the event of extreme weather 18 events and other consequences of climate 19 change; 20 (xii) to minimize impacts on, and pro- 21 vide assistance to, communities and work- 22 ers that are affected by changes in na- 23 tional energy and industrial practices that 24 VerDate Sep 11 2014 23:36 Feb 12, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3269.IS S3269 kjohnson on DSK79L0C42PROD with BILLS 7 •S 3269 IS may result from achieving net-zero emis- 1 sions by not later than 2050; and 2 (xiii) to include any other actions, as 3 determined to be appropriate by the Ad- 4 ministrator— 5 (I) to mitigate the effects of cli- 6 mate change; and 7 (II) to help ensure the health, 8 safety, and livability of all commu- 9 nities; 10 (C) include, for each of the years 2025, 11 2030, and 2040, interim greenhouse gas reduc- 12 tion targets that the Administrator determines 13 will put the United States on a pathway to 14 achieve net-zero emissions by not later than 15 2050; 16 (D) include equity treatment and meaning- 17 ful involvement of minority populations, low-in- 18 come populations, Indian Tribes, and indige- 19 nous peoples in the development, implementa- 20 tion, and enforcement of the plan; and 21 (E) ensure that all laborers and mechanics 22 employed by contractors or subcontractors in 23 the performance of construction, alteration, or 24 repair work assisted or supported by the plan 25 VerDate Sep 11 2014 23:36 Feb 12, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3269.IS S3269 kjohnson on DSK79L0C42PROD with BILLS 8 •S 3269 IS are paid wages at rates not less than those pre- 1 vailing on similar construction, alteration, or re- 2 pair work in the locality as determined by the 3 Secretary of Labor in accordance with sub- 4 chapter IV of chapter 31 of title 40, United 5 States Code. 6 (2) IMPLEMENTATION DEADLINE.—The Admin- 7 istrator shall, after public notice and comment, 8 adopt and begin the implementation of the plan 9 under subsection (b) not later than 1 year after the 10 date of enactment of this Act. 11 (3) AUTHORITY.—With respect to the labor 12 standards specified in paragraph (1)(E), the Sec- 13 retary of Labor shall have the authority and func- 14 tions set forth in Reorganization Plan Numbered 14 15 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 16 3145 of title 40, United States Code. 17 (d) RULEMAKINGS.—The Administrator shall pro- 18 mulgate regulations to carry out this section as the Ad- 19 ministrator determines to be necessary. 20 (e) ACTIONS BY OTHER FEDERAL AGENCIES.— 21 (1) IN GENERAL.—In coordination with the Ad- 22 ministrator, the Secretary of Energy, the Secretary 23 of the Interior, the Secretary of Labor, the Assistant 24 Secretary of Commerce for Economic Development, 25 VerDate Sep 11 2014 23:36 Feb 12, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3269.IS S3269 kjohnson on DSK79L0C42PROD with BILLS 9 •S 3269 IS the Secretary of Agriculture, the Secretary of Hous- 1 ing and Urban Development, the Secretary of 2 Transportation, the Secretary of Defense, the Sec- 3 retary of Homeland Security, the Secretary of 4 Health and Human Services, the Secretary of Vet- 5 erans Affairs, the Chairperson of the Chemical Safe- 6 ty and Hazard Investigation Board, the Adminis- 7 trator of General Services, the Administrator of the 8 National Oceanic and Atmospheric Administration, 9 and the heads of Federal regional commissions shall 10 assist with the implementation of the plan under 11 subsection (b) by taking actions using existing au- 12 thorities of those heads of agencies. 13 (2) MINIMUM ACTIONS.—At a minimum, the 14 actions required under paragraph (1) shall— 15 (A) bolster the ability of the United States 16 to reduce greenhouse gas emissions and im- 17 prove economic competitiveness by ensuring a 18 robust, skilled, and well-prepared domestic 19 workforce through equitable access to worker 20 training programs in low- and zero-greenhouse 21 gas technologies and processes (including tech- 22 nologies and processes that reduce or sequester 23 greenhouse gas emissions), including for under- 24 employed, unemployed, displaced, or dislocated 25 VerDate Sep 11 2014 23:36 Feb 12, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3269.IS S3269 kjohnson on DSK79L0C42PROD with BILLS 10 •S 3269 IS workers, with an emphasis on programs that in- 1 clude collectively bargained programs, Reg- 2 istered Apprenticeships that meet the require- 3 ments under parts 29 and 30 of title 29, Code 4 of Federal Regulations (as in effect on Decem- 5 ber 1, 2019), historically Black colleges and 6 universities, land-grant colleges and univer- 7 sities, Tribal colleges and universities, Hispanic- 8 serving institutions, community colleges, and 9 union training centers; 10 (B) invest in research, development, and 11 deployment of low- and zero-greenhouse gas 12 technologies and processes (including tech- 13 nologies and processes that reduce or sequester 14 greenhouse gas emissions)— 15 (i) to ensure that the United States 16 continues to be a leader in those tech- 17 nologies and processes; and 18 (ii) to encourage new growth in do- 19 mestic industries and sectors that address 20 climate change (and associated supply 21 chains); 22 (C) achieve net-zero emissions by not later 23 than 2050 to the maximum extent practicable, 24 VerDate Sep 11 2014 23:36 Feb 12, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3269.IS S3269 kjohnson on DSK79L0C42PROD with BILLS 11 •S 3269 IS consistent with applicable Federal law in a 1 manner that— 2 (i) removes policy barriers to labor 3 union organizing; and 4 (ii) applies mandatory labor stand- 5 ards, including prevailing wages, safety, 6 and health protections; 7 (D) incentivize reforestation, farming, and 8 other land management practices on farms, on 9 ranches, and in forests that— 10 (i) improve soil health or sequester 11 carbon; and 12 (ii) increase resiliency of farms and 13 ecosystems to the effects of climate change; 14 (E) encourage the restoration of eco- 15 systems (such as forests, wetlands, grasslands, 16 and aquatic systems), particularly on Federal 17 and Tribal land, that— 18 (i) sequester carbon; and 19 (ii) improve climate resilience; and 20 (F) include other actions as appropriate to 21 mitigate the effects of climate change. 22 (f) AUTHORIZATION OF APPROPRIATIONS.—There 23 are authorized to be appropriated to carry out this section 24 VerDate Sep 11 2014 23:36 Feb 12, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3269.IS S3269 kjohnson on DSK79L0C42PROD with BILLS 12 •S 3269 IS such sums as are necessary for each of fiscal years 2020 1 through 2050. 2 Æ VerDate Sep 11 2014 23:36 Feb 12, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\S3269.IS S3269 kjohnson on DSK79L0C42PROD with BILLS