[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2177 Introduced in House (IH)]

<DOC>






119th CONGRESS
  1st Session
                                H. R. 2177

To amend the Clean Air Act to establish a tradeable energy performance 
standard for large electricity generators and thermal energy users, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 18, 2025

  Mr. Casten introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Clean Air Act to establish a tradeable energy performance 
standard for large electricity generators and thermal energy users, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tradeable Energy Performance 
Standards Act''.

SEC. 2. ESTABLISHING TRADEABLE ENERGY PERFORMANCE STANDARDS.

    The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding 
after title VI the following:

          ``TITLE VII--TRADEABLE ENERGY PERFORMANCE STANDARDS

``Sec. 701. Definitions.
``Sec. 702. Emission allowance submission requirement.
``Sec. 703. Emission allowance distribution.
``Sec. 704. Trading of emission allowances.
``Sec. 705. Emission allowance bilateral purchase agreements.
``Sec. 706. Voluntary program participation.
``Sec. 707. Emission allowance tracking system.
``Sec. 708. Offset program.
``Sec. 709. Penalty for noncompliance.
``Sec. 710. Comptroller general reports.
``Sec. 711. Final regulations.
``Sec. 712. Savings provisions.

``SEC. 701. DEFINITIONS.

    ``In this title:
            ``(1) Alternative compliance payment.--The term 
        `Alternative Compliance Payment' means a payment made under 
        section 703(e) in lieu of the submission of an emission 
        allowance.
            ``(2) Bilateral purchase agreement.--The term `bilateral 
        purchase agreement' means an agreement--
                    ``(A) entered into after the date of enactment of 
                this title;
                    ``(B) for a term of at least 10 years;
                    ``(C) between the owner or operator of an Existing 
                Covered Facility and the owner or operator of a Newly 
                Constructed Low-Emission Covered Facility; and
                    ``(D) in which the owner or operator of an Existing 
                Covered Facility agrees to purchase some or all of the 
                emissions allowances distributed to the owner or 
                operator of a Newly Constructed Low-Emission Covered 
                Facility.
            ``(3) Covered cogeneration facility.--The term `Covered 
        Cogeneration Facility' means a facility that simultaneously 
        produces useful thermal energy output and electricity and--
                    ``(A) has a rated electric capacity of 2 megawatts 
                or greater; or
                    ``(B) is a facility for which the Administrator has 
                approved a request under section 706(a)(3).
            ``(4) Covered electric facility.--The term `Covered 
        Electric Facility' means a facility that produces electricity 
        and--
                    ``(A) has a rated electric capacity of 2 megawatts 
                or greater; or
                    ``(B) is a facility for which the Administrator has 
                approved a request under section 706(a)(1).
            ``(5) Covered facility.--The term `Covered Facility' means 
        a Covered Electric Facility, a Covered Thermal Facility, or a 
        Covered Cogeneration Facility.
            ``(6) Covered thermal facility.--The term `Covered Thermal 
        Facility' means a facility--
                    ``(A) that produces useful thermal energy output at 
                a Rated Fuel-Based Capacity of at least 50 million 
                British thermal units per hour, calculated on a higher 
                heating value basis, excluding any facility that the 
                Administrator determines is used to wholly or partially 
                provide carbon as a chemical ingredient for a process 
                to manufacture goods; or
                    ``(B) for which the Administrator has approved a 
                request under section 706(a)(2).
            ``(7) Designated representative.--The term `designated 
        representative' means an individual for which a certificate of 
        representation has been submitted under section 703(e)(3).
            ``(8) Emission allowance.--The term `emission allowance' 
        means a limited authorization to emit 1 metric ton of carbon 
        dioxide that is distributed under section 703.
            ``(9) Existing covered facility.--The term `Existing 
        Covered Facility' means a Covered Facility--
                    ``(A) the owner or operator of which is a party to 
                a bilateral purchase agreement; and
                    ``(B) that produced electricity or useful thermal 
                energy output as of the date on which the owner or 
                operator entered into such agreement.
            ``(10) Fossil fuel.--The term `fossil fuel'--
                    ``(A) means a carbon compound formed in the crust 
                of the Earth from decayed organic material; and
                    ``(B) includes natural gas, petroleum, and coal.
            ``(11) Higher heating value basis.--The term `higher 
        heating value basis' means that a given calculation regarding 
        the total energy content of a fuel is made on the basis of the 
        heat produced per unit of fuel when--
                    ``(A) complete combustion takes place at constant 
                pressure;
                    ``(B) the products of combustion are cooled to the 
                initial temperature of the fuel and air; and
                    ``(C) the water vapor formed during combustion is 
                condensed.
            ``(12) Hold.--The term `hold' means, with respect to an 
        emission allowance, to have in the appropriate account created 
        pursuant to the process under section 707(a)(2).
            ``(13) Newly constructed low-emission covered facility.--
        The term `Newly Constructed Low-Emission Covered Facility' 
        means a Covered Facility--
                    ``(A) the owner or operator of which is a party to 
                a bilateral purchase agreement;
                    ``(B) that did not produce electricity or useful 
                thermal energy output prior to the date on which the 
                owner or operator entered into such agreement;
                    ``(C) that, in the first full calendar year during 
                which the Covered Facility produces electricity or 
                useful thermal energy output, emits a lesser quantity 
                of carbon dioxide per megawatt-hour of electricity 
                production or per million British thermal units of 
                useful thermal energy output than the average Covered 
                Facility.
            ``(14) Output-based co2 emissions.--The term `Output-Based 
        CO2 Emissions' means the following:
                    ``(A) Covered electric facility.--For a Covered 
                Electric Facility, the number that equals--
                            ``(i) the total number of metric tons of 
                        carbon dioxide emissions released by all 
                        Covered Electric Facilities in a calendar year; 
                        divided by
                            ``(ii) the total number of megawatt-hours 
                        of electricity produced by all Covered Electric 
                        Facilities in such calendar year.
                    ``(B) Covered thermal facility.--For a Covered 
                Thermal Facility, the number that equals--
                            ``(i) the total number of metric tons of 
                        carbon dioxide emissions from all Covered 
                        Thermal Facilities in a calendar year; divided 
                        by
                            ``(ii) the total number of millions of 
                        British thermal units of useful thermal energy 
                        output from all Covered Thermal Facilities in 
                        such calendar year.
            ``(15) Output-based co2 emissions baseline.--The term 
        `Output-Based CO2 Emissions Baseline' means, with respect to a 
        category of Covered Facility, the Output-Based CO2 Emissions in 
        calendar year 2027.
            ``(16) Output-based co2 emissions target.--The term 
        `Output-Based CO2 Emissions Target' means the number of metric 
        tons of carbon dioxide per megawatt-hour or per million British 
        thermal units, as applicable, that is used to calculate the 
        number of emission allowances distributed by the Administrator 
        to each Covered Facility under section 703.
            ``(17) Permanently sequestered.--The term `Permanently 
        Sequestered', with respect to carbon dioxide, means the carbon 
        dioxide shall not enter the atmosphere for at least 200 years, 
        according to the best available science.
            ``(18) Rated fuel-based capacity.--The term `Rated Fuel-
        Based Capacity' means--
                    ``(A) for facilities that produce useful thermal 
                energy output with the combustion of fuel, the peak 
                fuel combustion rate, expressed in millions of British 
                thermal units per hour; and
                    ``(B) for facilities that produce useful thermal 
                energy output without the combustion of fuel, the peak 
                useful thermal energy output rate divided by 0.7, 
                expressed in millions of British thermal units per 
                hour.
            ``(19) Social cost of carbon.--The term `Social Cost of 
        Carbon' means the amount, in dollars, of the economic damages 
        that would result from emitting one additional metric ton of 
        carbon dioxide into the atmosphere, as determined by the 
        Administrator in accordance with the method described in the 
        document titled `Report on the Social Cost of Greenhouse Gases: 
        Estimates Incorporating Recent Scientific Advances' as 
        published by the Environmental Protection Agency in November 
        2023.
            ``(20) Total emission adjustment index.--The term `Total 
        Emission Adjustment Index' means, with respect to a given year, 
        the number used to adjust the amount of emission allowances 
        distributed for each megawatt-hour and for each million British 
        thermal units, as applicable, as described under section 
        703(c).
            ``(21) Total u.s. co2 emissions.--The term `Total U.S. CO2 
        Emissions' means, with respect to a given calendar year, the 
        total amount of carbon dioxide that would be produced if all 
        the fossil fuels imported into the United States or extracted 
        within the United States were fully combusted.
            ``(22) Useful thermal energy output.--The term `useful 
        thermal energy output'--
                    ``(A) means the net amount of thermal energy 
                produced by a facility, including thermal energy 
                produced through the use of electricity; and
                    ``(B) does not include energy in inlet combustion 
                air, feedwater, or other fluids not used as fuels for 
                combustion.

``SEC. 702. EMISSION ALLOWANCE SUBMISSION REQUIREMENT.

    ``(a) In General.--Beginning in calendar year 2028, not later than 
June 1 of each calendar year, the owner or operator of each Covered 
Facility shall submit to the Administrator one emission allowance for 
each metric ton of carbon dioxide released directly to the atmosphere 
by the facility during the preceding calendar year.
    ``(b) Acquisition of Emission Allowances.--The owner or operator of 
a Covered Facility may acquire an emission allowance--
            ``(1) by receiving an emission allowance distributed under 
        section 703; and
            ``(2) by purchasing, exchanging, or transferring an 
        emission allowance in accordance with section 704.
    ``(c) Period of Use.--An emission allowance may be used by the 
owner or operator of a Covered Facility to comply with subsection (a) 
only for--
            ``(1) the calendar year for which the emission allowance is 
        distributed; or
            ``(2) the following calendar year.
    ``(d) Rounding of Emission Allowances.--Any fraction of an emission 
allowance shall be rounded to the nearest whole emission allowance.

``SEC. 703. EMISSION ALLOWANCE DISTRIBUTION.

    ``(a) Distribution.--
            ``(1) Covered electric facilities.--For each of calendar 
        years 2028 through 2048, the Administrator shall, not later 
        than March 1 of a given calendar year, distribute to the owner 
        or operator of each Covered Electric Facility a number of 
        emission allowances equal to the product of--
                    ``(A) the number of megawatt-hours of electricity 
                produced by the Covered Electric Facility during the 
                previous calendar year; and
                    ``(B) the Output-Based CO2 Emissions Target for the 
                calendar year.
            ``(2) Covered thermal facilities.--For each of calendar 
        years 2028 through 2048, the Administrator shall, not later 
        than March 1 of a given calendar year, distribute to the owner 
        or operator of each Covered Thermal Facility a number of 
        emission allowances equal to the product of--
                    ``(A) the number of millions of British thermal 
                units of useful thermal energy output produced by the 
                Covered Thermal Facility during the previous calendar 
                year; and
                    ``(B) the Output-Based CO2 Emissions Target for the 
                calendar year.
            ``(3) Covered cogeneration facilities.--For each of 
        calendar years 2028 through 2048, the Administrator shall, not 
        later than March 1 of a given calendar year, distribute to the 
        owner or operator of each Covered Cogeneration Facility--
                    ``(A) for each megawatt hour of electricity 
                produced by the Covered Cogeneration Facility, a number 
                of emission allowances calculated in accordance with 
                paragraph (1); and
                    ``(B) for each million British thermal units of 
                useful thermal energy output produced by the Covered 
                Cogeneration Facility, a number of emission allowances 
                calculated in accordance with paragraph (2).
    ``(b) Calculation of the Output-Based Co2 Emissions Target.--
            ``(1) 2028.--The Output-Based CO2 Emissions Target for 
        calendar year 2028 shall equal the Output-Based CO2 Emissions 
        Baseline.
            ``(2) Subsequent years.--In a given calendar year other 
        than calendar year 2028, the Output-Based CO2 Emissions Target 
        shall be the greater of--
                    ``(A) zero; and
                    ``(B) the lesser of--
                            ``(i) the Output-Based CO2 Emissions Target 
                        of the preceding calendar year minus 5 percent 
                        of the Output-Based CO2 Emissions Baseline;
                            ``(ii) the Output-Based CO2 Emissions of 
                        the preceding calendar year minus 5 percent of 
                        the Output-Based CO2 Emissions Baseline;
                            ``(iii) the Output-Based CO2 Emissions 
                        Target of preceding calendar year minus 10 
                        percent of the Output-Based CO2 Emissions 
                        Baseline minus the Total Emission Adjustment 
                        Index of the given calendar year; and
                            ``(iv) the Output-Based CO2 Emissions of 
                        preceding calendar year minus 10 percent of the 
                        Output-Based CO2 Emissions Baseline minus the 
                        Total Emission Adjustment Index of the given 
                        calendar year.
    ``(c) Calculation of Total Emission Adjustment Index.--With respect 
to a given calendar year, the Total Emission Adjustment Index shall be 
calculated as 1 minus the ratio of--
            ``(1) the Total U.S. CO2 Emissions in the previous calendar 
        year; to
            ``(2) the Total U.S. CO2 Emissions in the calendar year 
        that began two years before the given year.
    ``(d) General Rules.--
            ``(1) Identification numbers.--The Administrator shall 
        assign to each emission allowance distributed under this 
        section a unique identification number.
            ``(2) Designated representatives.--The owner or operator of 
        each Covered Facility, and the owner or operator of each other 
        entity holding an emission allowance or receiving an emission 
        allowance from the Administrator under this title, shall submit 
        to the Administrator a certificate of representation 
        designating a designated representative.
            ``(3) Prevention of double counting.--The Administrator 
        shall not consider any Covered Facility to which the 
        Administrator distributes emission allowances under this 
        section to be more than one type of facility as defined under 
        paragraphs (3), (4), or (6) of section 701.
    ``(e) Alternative Compliance Payments.--
            ``(1) In general.--The owner or operator of a Covered 
        Facility may satisfy the requirements of section 702(a), in 
        whole or in part, with respect to any calendar year, by 
        submitting to the Administrator an Alternative Compliance 
        Payment in lieu of an emission allowance that would otherwise 
        be due.
            ``(2) Amounts.--
                    ``(A) Calendar years 2028 through 2038.--For 
                calendar years 2028 through 2038, the amount of an 
                Alternative Compliance Payment shall be as follows, 
                except as the Administrator shall adjust for inflation:


------------------------------------------------------------------------
       ``Calendar Year               Alternative Compliance Payment
------------------------------------------------------------------------
2028.........................  $50.00
2029.........................  $52.00
2030.........................  $54.00
2031.........................  $56.00
2032.........................  $58.00
2033.........................  $60.00
2034.........................  $62.00
2035.........................  $64.00
2036.........................  $66.00
2037.........................  $68.00
2038.........................  $70.00
------------------------------------------------------------------------

                    ``(B) Calendar years 2039 through 2048.--For 
                calendar years 2039 through 2048, the amount of the 
                Alternative Compliance Payment for a given year shall 
                annually increase by an equal amount from $70 in 2038, 
                adjusted for inflation under subparagraph (A), to the 
                Social Cost of Carbon in 2048.
                    ``(C) Calendar year 2048 and thereafter.--The 
                amount of an Alternative Compliance Payment for 
                calendar year 2048 and thereafter shall be equal to the 
                Social Cost of Carbon.

``SEC. 704. TRADING OF EMISSION ALLOWANCES.

    ``(a) Permitted Transactions.--An entity that holds an emission 
allowance may--
            ``(1) submit the emission allowances to the Administrator; 
        and
            ``(2) sell, exchange, and transfer the emission allowance 
        to another entity in accordance with subsection (c).
    ``(b) Legal Status of Emission Allowances.--
            ``(1) In general.--An emission allowance distributed by the 
        Administrator under this title does not constitute a property 
        right.
            ``(2) Termination or limitation.--Nothing in this title 
        shall be construed to limit or alter the authority of the 
        United States to terminate or limit the sale, exchange, 
        transfer, holding, or submission of emission allowances.
    ``(c) Effectiveness of Emission Allowance Transactions.--No sale, 
exchange, transfer, or submission of an emission allowance shall be 
effective for purposes of this title until a certification of the sale, 
transfer, exchange, or submission is--
            ``(1) signed by the designated representative of the entity 
        holding the emission allowance; and
            ``(2) received and recorded by the Administrator in 
        accordance with regulations issued under section 707.

``SEC. 705. EMISSION ALLOWANCE BILATERAL PURCHASE AGREEMENTS.

    ``(a) Distribution of Allowances to an Existing Covered Facility.--
            ``(1) In general.--For a calendar year that is covered by a 
        bilateral purchase agreement, beginning with the first full 
        calendar year during which the Newly Constructed Low-Emission 
        Covered Facility produces electricity or useful thermal energy 
        output, the Administrator shall distribute to the owner or 
        operator of the Existing Covered Facility--
                    ``(A) for megawatt hours of electricity or million 
                British thermal units of useful thermal energy output, 
                as applicable, produced by the Existing Covered 
                Facility that are covered by the agreement, a number of 
                emission allowances that is equal to--
                            ``(i) such number of megawatt hours or 
                        million British thermal units, as applicable; 
                        multiplied by
                            ``(ii) the Output-Based CO2 Emissions for 
                        Covered Electric Facilities or Covered Thermal 
                        Facilities, as applicable, for such first full 
                        calendar year; and
                    ``(B) for megawatt hours of electricity or million 
                British thermal units of useful thermal energy output, 
                as applicable, produced by the Existing Facility that 
                are not covered by the agreement, the number of 
                emission allowances calculated under section 703(a).
            ``(2) Calculation of megawatt hours or million british 
        thermal units covered by agreement.--For purposes of paragraph 
        (1), the number of megawatt hours of electricity or million 
        British thermal units of useful thermal energy output, as 
        applicable, produced by an Existing Covered Facility that are 
        covered by the agreement shall be equal to--
                    ``(A) the number of emission allowances sold to the 
                owner or operator of the Existing Covered Facility 
                pursuant to the agreement for the first full calendar 
                year described in paragraph (1), divided by the 
                difference of--
                            ``(i) the number of emission allowances 
                        submitted to the Administrator by the owner or 
                        operator of the Existing Covered Facility for 
                        such first full calendar year; minus
                            ``(ii) the number of emission allowances 
                        distributed to the owner or operator of the 
                        Existing Covered Facility by the Administrator 
                        for such first full calendar year; multiplied 
                        by
                    ``(B) the total number of megawatt hours of 
                electricity or million British thermal units of useful 
                thermal energy output, as applicable, produced by the 
                Existing Covered Facility in such first full calendar 
                year.
    ``(b) Distribution of Allowances to a Newly Constructed Low-
Emission Covered Facility.--
            ``(1) In general.--For calendar years that are covered by 
        an agreement described in subsection (a), beginning with the 
        first full calendar year during which the Newly Constructed 
        Low-Emission Covered Facility produces at least 1 megawatt-hour 
        of electricity or 1 million British thermal units of useful 
        thermal energy output, the Administrator shall distribute to 
        the owner or operator of the Newly Constructed Low-Emission 
        Covered Facility--
                    ``(A) for megawatt hours of electricity or million 
                British thermal units of useful thermal energy output, 
                as applicable, produced by the Newly Constructed Low-
                Emission Covered Facility that are covered by the 
                agreement, a number of emission allowances that is 
                equal to--
                            ``(i) such number of megawatt hours or 
                        million British thermal units of useful thermal 
                        energy output; multiplied by
                            ``(ii) the Output-Based CO2 Emissions for 
                        Covered Electric Facilities or Covered Thermal 
                        Facilities, as applicable, for such first full 
                        calendar year; and
                    ``(B) for megawatt hours of electricity or million 
                British thermal units of useful thermal energy output, 
                as applicable, produced by the Newly Constructed Low-
                Emission Covered Facility that are not covered by the 
                agreement, the number of emission allowances calculated 
                under section 703(a).
            ``(2) Calculation of megawatt hours or million british 
        thermal units covered by agreement.--For purposes of paragraph 
        (1), the number of megawatt hours of electricity or million 
        British thermal units of useful thermal energy output, as 
        applicable, produced by a Newly Constructed Low-Emission 
        Covered Facility that are covered by the agreement shall be 
        equal to--
                    ``(A) the number of emission allowances sold to the 
                owner or operator of the Existing Covered Facility 
                pursuant to the agreement for the first full calendar 
                year described in paragraph (1), divided by the 
                difference of--
                            ``(i) the number of emission allowances 
                        submitted to the Administrator by the owner or 
                        operator of the Newly Constructed Low-Emission 
                        Covered Facility for such first full calendar 
                        year; minus
                            ``(ii) the number of emission allowances 
                        distributed to the owner or operator of the 
                        Newly Constructed Low-Emission Covered Facility 
                        by the Administrator for such first full 
                        calendar year; multiplied by
                    ``(B) the total number of megawatt hours of 
                electricity or million British thermal units of useful 
                thermal energy output, as applicable, produced by the 
                Existing Facility in such first full calendar year.
    ``(c) Conditions.--The owner or operator of an existing Covered 
Facility or Newly Constructed Low-Emission Covered Facility that is a 
party to a bilateral purchase agreement may receive emission allowances 
under this section only if such owner or operator provides to the 
Administrator a copy of--
            ``(1) the applicable bilateral purchase agreement; and
            ``(2) any amendment to such bilateral purchase agreement 
        within 30 days of the amendment being made.
    ``(d) Regulations.--The Administrator shall promulgate regulation 
to ensure the integrity and enforceability of contracts executed under 
this section.

``SEC. 706. VOLUNTARY PROGRAM PARTICIPATION.

    ``(a) Eligible Entities.--The Administrator may, upon the request 
of the owner or operator, classify--
            ``(1) as a Covered Electric Facility, any facility that 
        produces electricity at a Rated Fuel-Based Capacity of less 
        than 2 megawatts;
            ``(2) as a Covered Thermal Facility, any facility that 
        produces useful thermal energy output at a Rated Fuel-Based 
        Capacity of less than 50 million British thermal units per 
        hour, calculated on a higher heating value basis; and
            ``(3) as a Covered Cogeneration Facility, any facility 
        that--
                    ``(A) simultaneously produces useful thermal energy 
                output and electricity; and
                    ``(B) has a rated electric capacity of less than 2 
                megawatts.
    ``(b) Designation of Representative.--The Administrator shall 
approve a request submitted under subsection (a) if the owner or 
operator of the facility designates a representative under section 
703(d)(2).
    ``(c) Deadline for Notification.--Not later than 90 days after 
receipt of a request submitted under subsection (a), the Administrator 
shall notify the owner or operator of the facility whether the 
Administrator approves or disapproves the request.
    ``(d) Termination of Classification.--The Administrator shall 
terminate the classification of a facility as a Covered Facility under 
subsection (a) if, during the previous calendar year, the facility did 
not--
            ``(1) produce electricity; or
            ``(2) produce useful thermal energy output.

``SEC. 707. EMISSION ALLOWANCE TRACKING SYSTEM.

    ``(a) Regulations.--The Administrator shall issue regulations to 
provide for--
            ``(1) the establishment of a system to process the 
        distribution of emission allowances to Covered Facilities under 
        section 703 and section 705;
            ``(2) a process to create accounts in which Covered 
        Facilities and other entities may hold emission allowances;
            ``(3) the establishment of an emission allowance tracking 
        system to track--
                    ``(A) the number of emission allowances sold, 
                exchanged, transferred, and submitted;
                    ``(B) the price or monetary value of such emission 
                allowances;
                    ``(C) the date of each such sale, exchange, 
                transfer, and submission;
                    ``(D) the parties involved in each such sale, 
                exchange, transfer, and submission; and
                    ``(E) any additional information the Administrator 
                determines necessary to ensure the integrity and 
                efficiency of the market for emission allowances; and
            ``(4) the weekly publication by the Administrator on the 
        website of the Environmental Protection Agency, in a publicly 
        available and searchable format, of--
                    ``(A) a summary of average prices or monetary 
                values of emission allowances, the total number of 
                emission allowances sold, exchanged, transferred, or 
                submitted, and any other additional information 
                determined by the Administrator as necessary to ensure 
                the integrity and efficiency of the market for emission 
                allowances;
                    ``(B) the number of emission allowances distributed 
                by the Administrator under section 703 and section 705;
                    ``(C) the number of emission allowances distributed 
                by the Administrator under section 703 and section 705 
                during the calendar year before the year of publication 
                that are held at the end of each month of the current 
                calendar year by each category of Covered Facility; and
                    ``(D) the number of emission allowances submitted 
                to the Administrator each year by each category of 
                Covered Facility.
    ``(b) Position Limits.--The Administrator, in consultation with the 
Commodity Futures Trading Commission, shall establish by regulation 
limits on the number of emission allowances that an entity may hold so 
that, in the determination of the Administrator--
            ``(1) no entity shall hold a number of emission allowances 
        that may influence the price or monetary value of emission 
        allowances; and
            ``(2) adequate liquidity for buyers and sellers of emission 
        allowances shall be ensured.
    ``(c) Status of Submitted Emission Allowances.--Once an emission 
allowance is submitted to the Administrator under section 702, the 
emission allowance shall be disqualified from subsequent use under this 
title, including subsequent sale, exchange, transfer, and submission.
    ``(d) Orderly and Competitive Market.--The Administrator shall 
issue regulations as necessary in the determination of the 
Administrator for an orderly and competitive market for selling, 
exchanging, transferring, and submitting emission allowances.

``SEC. 708. OFFSET PROGRAM.

    ``(a) Carbon Mitigation Fund.--
            ``(1) Creation of fund.--The Administrator shall establish 
        a fund to be known as the `Carbon Mitigation Fund'.
            ``(2) Administration.--The Carbon Mitigation Fund shall be 
        administered by the Administrator.
            ``(3) Deposits.--There shall be deposited into the Carbon 
        Mitigation Fund the following:
                    ``(A) The amounts paid as Alternative Compliance 
                Payments pursuant to section 703(e).
                    ``(B) The amounts collected as civil penalties 
                under section 709.
            ``(4) Appropriation.--Amounts in the Carbon Mitigation Fund 
        shall be available without further appropriation or fiscal year 
        limitation to carry out the Offset Program under subsection 
        (b).
    ``(b) Offset Program.--
            ``(1) In general.--The Administrator shall carry out a 
        program (to be known as the `Offset Program') to award grants 
        to entities to carry out activities that avoid emissions of 
        greenhouse gases or permanently sequester carbon dioxide from 
        the atmosphere, as determined in accordance with paragraph (3).
            ``(2) Activities.--The activities described in paragraph 
        (1) may include--
                    ``(A) improvements to the energy efficiency of 
                existing facilities and devices;
                    ``(B) improvements to the electrical grid;
                    ``(C) the replacement of natural gas space heaters, 
                natural gas water heaters, and natural gas stoves with 
                electric appliances;
                    ``(D) the replacement of fossil fuel-powered 
                vehicles owned by State or local agencies with electric 
                vehicles or other low-carbon fuel vehicles;
                    ``(E) the replacement of fossil fuel-powered ground 
                airport and seaport vehicles with electric vehicles or 
                other low-carbon fuel vehicles;
                    ``(F) installation of charging stations for 
                electric vehicles along highways and other public roads 
                in urban areas and rural areas in which the 
                availability of such charging stations is significantly 
                below the national average; and
                    ``(G) beneficial electrification-related reductions 
                not otherwise identified in this paragraph.
            ``(3) Criteria.--The Administrator may only award grants 
        under the Offset Program for an activity for which the 
        Administrator determines that--
                    ``(A) the amount of greenhouse gas emissions to be 
                avoided or permanently sequestered from the atmosphere 
                by the activity will be adequately confirmed through 
                monitoring, reporting, and verification;
                    ``(B) the risk that some amount of the carbon 
                dioxide that is to be sequestered from the atmosphere 
                by the activity may reenter the atmosphere at a later 
                date is adequately reflected through a discounting of 
                the amount described in paragraph (4)(C)(ii);
                    ``(C) the risk that some amount of the greenhouse 
                gases, the emission of which is avoided by the 
                activity, may enter the atmosphere at a later date is 
                adequately reflected through a discounting of the 
                amount described in paragraph (4)(C)(i);
                    ``(D) the risk that the activity may directly or 
                indirectly increase the release of greenhouse gases 
                from another location has been adequately addressed;
                    ``(E) the activity is not required, or being 
                supported financially (except pursuant to this 
                subsection), by a Federal, State, or local law, 
                program, or activity; and
                    ``(F) if the activity involves land use, the 
                activity--
                            ``(i) aligns with the Sustainable 
                        Development Goals, as adopted by of the United 
                        Nations under the Post-2015 Development Agenda, 
                        and amended by the United Nations, including 
                        being consistent with the conservation of 
                        biological diversity and natural ecosystems 
                        (including forests and grasslands); and
                            ``(ii) maintains ecosystem services and 
                        other social and environmental benefits.
            ``(4) Proposals.--In order to apply for a grant awarded 
        under the Offset Program, an entity shall submit to the 
        Administrator a proposal that--
                    ``(A) describes the activity to be carried out with 
                the grant;
                    ``(B) identifies the amount of money for which the 
                entity is applying;
                    ``(C) identifies the amount (to be measured in one-
                year increments) of, as applicable--
                            ``(i) greenhouse gas emissions to be 
                        avoided by the activity; and
                            ``(ii) carbon dioxide to be permanently 
                        sequestered from the atmosphere by the 
                        activity;
                    ``(D) identifies the bid amount, expressed as 
                dollars per metric ton, which shall be the quotient 
                obtained by dividing the amount identified under 
                subparagraph (B) by the amount identified under 
                subparagraph (C);
                    ``(E) provides any information required by the 
                Administrator in order to make a determination 
                described in paragraph (3); and
                    ``(F) provides any other certifications the 
                Administrator determines appropriate.
            ``(5) Deadlines.--
                    ``(A) Solicitation.--Not later than February 1, 
                2028, and each February 1 thereafter, the Administrator 
                shall solicit proposals for activities described in 
                paragraph (1) for which the Administrator may award 
                grants under the Offset Program.
                    ``(B) Identification.--Not later than June 1, 2028, 
                and each June 1 thereafter, the Administrator shall 
                identify and publish a list of proposals that have been 
                submitted by March 1 of the applicable year for 
                activities described in paragraph (1) that qualify for 
                an award of a grant under the Offset Program.
                    ``(C) Award of grants.--Not later than August 1, 
                2028, and each August 1 thereafter, the Administrator 
                shall, to the extent amounts are available in the 
                Carbon Mitigation Fund, award grants to entities that 
                submitted a proposal that is listed pursuant to 
                subparagraph (B).
            ``(6) Awards to most cost-effective activities.--The 
        Administrator shall award funds to entities for activities 
        described in proposals identified under paragraph (5)(B)--
                    ``(A) beginning by awarding funds to the entity 
                submitting such a proposal with the lowest bid amount 
                identified pursuant to paragraph (4)(D); and
                    ``(B) then awarding funds to entities sequentially 
                by entity submitting such a proposal with the next 
                lowest bid amount so identified until all funds are 
                awarded.
    ``(c) Regulations Regarding Carbon Dioxide Sequestration.--
            ``(1) Regulations.--Under section 711, the Administrator 
        shall issue regulations establishing--
                    ``(A) the conditions under which carbon dioxide may 
                be safely and permanently sequestered;
                    ``(B) the methods and processes by which carbon 
                dioxide may be safely and permanently sequestered, 
                including by incorporating the carbon in a commercial 
                product; and
                    ``(C) requirements to account for the risk that 
                some fraction of the carbon dioxide intended to be 
                permanently sequestered may be emitted into the 
                atmosphere.
            ``(2) Existing requirements.--In issuing regulations 
        described in this subsection, the Administrator shall 
        incorporate to the extent practicable any existing requirements 
        for the sequestration of carbon dioxide, including any 
        requirements promulgated under section 45Q of the Internal 
        Revenue Code of 1986.
    ``(d) Consultation.--The Administrator shall consult with the 
Secretary of the Interior and the Secretary of Agriculture in issuing 
regulations to measure, monitor, and verify any natural sequestration 
activities carried out using a grant awarded under the Offset Program.

``SEC. 709. PENALTY FOR NONCOMPLIANCE.

    ``(a) Civil Penalty.--
            ``(1) In general.--The owner or operator of a Covered 
        Facility that fails to submit an emission allowance as required 
        by section 702(a) shall be liable for payment to the 
        Administrator of a penalty in the amount described in paragraph 
        (2).
            ``(2) Amount.--The amount of a penalty described in this 
        paragraph shall be equal to the product of--
                    ``(A) three times the highest price or monetary 
                value during the previous calendar year (as indicated 
                by the emission allowance tracking system established 
                pursuant to section 707) for the sale, exchange, or 
                transfer of an emission allowance; and
                    ``(B) the number of emission allowances that the 
                owner or operator of the Covered Facility failed to 
                submit as described in paragraph (1).
            ``(3) Timing.--A penalty required under this subsection 
        shall be immediately due to the Administrator, without demand 
        by the Administrator.
            ``(4) No effect on liability.--A penalty due by the owner 
        or operator of a Covered Facility under this subsection shall 
        not diminish the liability of the owner or operator for any 
        fine, penalty, or assessment against the owner or operator for 
        the same violation under any other provision of this Act or any 
        other law.
    ``(b) Replacement Emission Allowances.--The owner or operator of a 
Covered Facility that fails to submit one or more emission allowances 
as required under section 702(a) for a calendar year shall submit a 
number of emission allowances that is equal to sum of the number the 
owner or operator failed to submit and the emission allowances 
otherwise required to be submitted by the April 1 deadline of the 
second succeeding calendar year.

``SEC. 710. COMPTROLLER GENERAL REPORTS.

    ``Not later than January 1, 2029, and every 2 years thereafter, the 
Comptroller General of the United States shall submit to Congress a 
report on the results of implementation of this title, which shall 
include--
            ``(1) a comprehensive evaluation of--
                    ``(A) the efficiency, transparency, and integrity 
                of the distribution of emission allowances under 
                section 703 and section 705;
                    ``(B) the cost-effectiveness of this title in 
                reducing greenhouse gas emissions; and
                    ``(C) the effectiveness of this title in--
                            ``(i) creating and preserving jobs;
                            ``(ii) ensuring a manageable transition to 
                        a zero-emission economy for working families 
                        and workers;
                            ``(iii) driving the innovation and 
                        deployment of zero-emission technologies; and
                            ``(iv) maintaining an orderly and 
                        competitive market for selling, exchanging, 
                        transferring, and submitting emission 
                        allowances; and
            ``(2) recommendations, if any, for legislative, regulatory, 
        or administrative changes with respect to this title to improve 
        its effectiveness.

``SEC. 711. FINAL REGULATIONS.

    ``The Administrator shall issue final regulations to carry out this 
title not later than 24 months after the date of enactment of this 
title.

``SEC. 712. SAVINGS PROVISIONS.

    ``Nothing in this title shall be interpreted to affect the 
requirements of any other title of this Act.''.
                                 <all>