S.19.2-11: (Southern) Carbon Tax Act of 2019 (Failed)

[Deep Dixieland Senator, Muad'dib (OSR MSR)]

Carbon Tax Act of 2019


Sec. 1 Definitions:

For Purposes of This Legislation:

 ‘‘(a) ADMINISTRATOR.—The term ‘Administrator’
 means the Game Moderator, the Southern Governor, or their designee(s).
‘‘(b) CARBON DIOXIDE EQUIVALENT OR CO2-E.—
 The term ‘carbon dioxide equivalent’ or ‘CO2-e’ means the
 number of metric tons of carbon dioxide emissions with
 the same global warming potential as one metric ton of
 another greenhouse gas
‘‘(c) CARBON-INTENSIVE PRODUCT.—The term ‘carbon-intensive product’ means, as identified by the Administrator by rule—
‘‘(1) any manufactured or agricultural product
 which the Administrator determines is carbon-intensive, except that no covered fuel is a carbon-intensive product, and
‘‘(2) until such time that the Administrator promulgates rules identifying carbon-intensive products, the following shall be considered carbon-intensive products: iron, steel, steel mill products (including pipe and tube), aluminum, cement, glass (including flat, container, and specialty glass and fiberglass), pulp, paper, chemicals, or industrial ceramics.
‘‘(d) CARBON LEAKAGE.—The term ‘carbon leakage’
 means an increase of global greenhouse gas emissions
which are substantially due to the relocation of greenhouse
 gas sources from the United States to jurisdictions which
 lack comparable controls upon greenhouse gas emissions.
 ‘‘(e) COST OF CARBON OR CARBON COSTS.—The
 term ‘cost of carbon’ or ‘carbon costs’ means a national
 or sub-national government policy which explicitly places
 a price on greenhouse gas pollution and shall be limited
 to a tax on greenhouse gases. No cap-and-trade type formula shall be allowed. The cost of carbon is expressed as the price per metric ton of CO2-e.
‘‘(f) COVERED ENTITY.—The term ‘covered entity’ means— (1) in the case of crude oil—
 ‘‘(A) a refinery operating in the United
 States, and
 ‘‘(B) any importer of any petroleum or pe4
troleum product into the United States,
 ‘‘(2) in the case of coal—
 ‘‘(A) any coal mining operation in the
United States, and
‘‘(B) any importer of coal into the United
 States,
 ‘‘(3) in the case of natural gas—
 ‘‘(A) any entity entering pipeline quality
 natural gas into the natural gas transmission
system, and
‘‘(B) any importer of natural gas into the
 United States,
‘‘(4) in the case of fluorinated gases any entity
 required to report the emission of a fluorinated gas
 under part 98 of title 40, Code of Federal Regulations, and
 ‘‘(5) any entity or class of entities which, as determined by the Administrator, is transporting, selling, or otherwise using a covered fuel in a manner which emits a greenhouse gas to the atmosphere and which has not been covered by the carbon fee.
 ‘‘(g) COVERED FUEL.—The term ‘covered fuel’
 means crude oil, natural gas, coal, or any other product
 derived from crude oil, natural gas, or coal which shall
 be used so as to emit greenhouse gases to the atmosphere.
 ‘‘(h) CRUDE OIL.—The term ‘crude oil’ means unrefined petroleum.
 ‘‘(i) EXPORT.—The term ‘export’ means to transport
 a product from within the jurisdiction of the United States
 to persons outside the United States.
 ‘‘(j) FLUORINATED GREENHOUSE GAS.—The term
 ‘fluorinated greenhouse gas’ means sulfur hexafluoride
 (SF6), nitrogen trifluoride (NF3), and any fluorocarbon
except for controlled substances as defined in subpart A of part 82 of title 40, Code of Federal Regulation, and substances with vapor pressures of less than 1 mm of Hg absolute at 25 degrees. With these exceptions, ‘fluorinated greenhouse gas’ includes but is not limited to any hydrofluorocarbon, any perfluorocarbon, any perfluoropolyether, and any hydrofluoropolyether.
‘‘(k) FOSSIL FUEL.—The term ‘fossil fuel’ means
 coal, coal products, petroleum, petroleum products, or natural gas.
(l) FULL FUEL CYCLE GREENHOUSE GAS EMISSIONS.—The term ‘full fuel cycle greenhouse gas emissions’ means the greenhouse gas content of a covered fuel
plus that covered fuel’s upstream greenhouse gas emissions.
‘‘(m) GLOBAL WARMING POTENTIAL.—The term
 ‘global warming potential’ means the ratio of the time
integrated radiative forcing from the instantaneous release
 of one kilogram of a trace substance relative to that of
 one kilogram of carbon dioxide.
 ‘‘(n) GREENHOUSE GAS.—The term ‘greenhouse gas’
 means carbon dioxide (CO2), methane (CH4), nitrous
 oxide (N2O), sulfur hexafluoride (SF6),
 hydrofluorocarbons (HFCs), perfluorocarbon (PFCs), and
other gases as defined by rule of the Administrator.
 ‘‘(o) GREENHOUSE GAS CONTENT.—The term
 ‘greenhouse gas content’ means the amount of greenhouse
 gases, expressed in metric tons of CO2-e, which would be
 emitted to the atmosphere by the use of a covered fuel
and shall include, nonexclusively, emissions of carbon dioxide (CO2), nitrous oxide (N2O) and methane
‘‘(p) GREENHOUSE GAS EFFECT.—The term ‘green4
house gas effect’ means the adverse effects of greenhouse
gases on health or welfare caused by the greenhouse gas’s heat-trapping potential or its effect on ocean acidification.
 ‘‘(q) IMPORT.—Irrespective of any other definition in
 law or treaty, the term ‘import’ means to land on, bring
into, or introduce into any place subject to the jurisdiction
 of the United States.
 ‘‘(r) PETROLEUM.—The term ‘petroleum’ means oil
 removed from the earth or the oil derived from tar sands
 or shale.
 ‘‘(s) PRODUCTION GREENHOUSE GAS EMISSIONS.—
 The term ‘production greenhouse gas emissions’ means
 the quantity of greenhouse gases, expressed in metric tons
 of CO2-e, emitted to the atmosphere resulting from, non-exclusively, the production, manufacture, assembly, transportation, or financing of a product.
 ‘‘(t) UPSTREAM GREENHOUSE GAS EMISSIONS.—
 The term ‘upstream greenhouse gas emissions’ means the
quantity of greenhouse gases, expressed in metric tons of
CO2-e, emitted to the atmosphere resulting from, non-exclusively, the extraction, processing, transportation, financing, or other preparation of a covered fuel for use.

Sec. 2 - Carbon Fee

‘‘(a) CARBON FEE.—There is hereby imposed a carbon fee on any covered entity’s emitting use, or sale or transfer for an emitting use, of any covered fuel.
 "(b) AMOUNT OF THE CARBON FEE.—The carbon
fee imposed by this section is an amount equal to—
‘‘(1) the greenhouse gas content of the covered fuel, multiplied by
‘‘(2) the carbon fee rate.
 ‘‘(c) CARBON FEE RATE.—For purposes of this section—
 ‘‘(1) IN GENERAL.—The carbon fee rate, with
 respect to any use, sale, or transfer during a calendar year, shall be—
 ‘‘(A) in the case of calendar year 2019,
 $15, and
 ‘‘(B) except as provided in paragraph (2),
 in the case of any calendar year thereafter—
 ‘‘(i) the carbon fee rate in effect
 under this subsection for the preceding calendar year, plus
 ‘‘(ii) $10.
 ‘‘(2) EXCEPTIONS.—
 ‘‘(A) INCREASED CARBON FEE RATE
 AFTER MISSED ANNUAL EMISSIONS REDUCTION
 TARGET.—In the case of any year immediately following a year for which the Administrator
determines under 9903(b) that the actual emissions of greenhouse gases from covered fuels exceeded the emissions reduction target for the previous year, paragraph (1)(B)(ii) shall be applied by substituting ‘$15’ for the dollar amount otherwise in effect for the calendar year under such paragraph.
‘‘(B) CESSATION OF CARBON FEE RATE INCREASE AFTER CERTAIN EMISSION REDUCTIONS ACHIEVED.—In the case of any year immediately following a year for which the Administrator determines under 9903(b) that actual emissions of greenhouse gases from covered fuels is not more than 10 percent of the greenhouse gas emissions from covered fuels during the year 2018, paragraph (1)(B)(ii) shall be applied by substituting ‘$0’ for the dollar amount otherwise in effect for the calendar year under such paragraph.
‘‘(3) INFLATION ADJUSTMENT.—In the case of any calendar year after 2019, each of the dollar amounts in paragraphs (1)(A), (1)(B)(ii), and
(2)(A) shall be increased by an amount equal to—
‘‘(A) such dollar amount, multiplied by
‘‘(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar
 year, determined by substituting ‘calendar year
 2018’ for ‘calendar year 2016’ in subparagraph
 (A)(ii) thereof.
 ‘‘(d) EXEMPTION AND REFUND.—The Administrator
shall prescribe such rules as are necessary to ensure the
fee imposed by this section is not imposed with respect to any nonemitting use, or any sale or transfer for a nonemitting use, including rules providing for the refund of any carbon fee paid under this section with respect to any such use, sale, or transfer.
 ‘‘(e) EXEMPTIONS.—
 ‘‘(1) AGRICULTURE.—
 ‘‘(A) FUEL.—If any covered fuel or its derivative is used on a farm for a farming purpose, the Administrator shall pay (without interest)  to the ultimate purchaser of such covered fuel or its derivative, the total amount of carbon fees previously paid upon that covered fuel or its derivative, as specified by rule of the Administrator.
 ‘‘(B) FARM, FARMING USE, AND FARMING
 PURPOSE.—The terms ‘farm’, ‘farming use’,
 and ‘farming purpose’ shall have the respective meanings given such terms under section 6420(c).
‘‘(C) OTHER GREENHOUSE GASES EMIS4
SIONS FROM AGRICULTURE.—The carbon fee shall not be levied upon non-fossil fuel greenhouse gas emissions which occur on a farm.
 ‘‘(2) ARMED FORCES OF THE UNITED
 STATES.—If any covered fuel or its derivative is
 used by the Armed Forces of the United States as
 supplies for vessels of war, vehicles, or electrical
 power generation equipment, the Administrator shall pay
(without interest) to the ultimate purchaser of such
covered fuel or its derivative, the total amount of
carbon fees previously paid upon that covered fuel or
its derivative, as specified by rule of the Administrator.

Sec. 3 - Fee on Flourinated Greenhouse Gases

‘‘(a) FLUORINATED GAS FEE.—A fee is hereby imposed upon any fluorinated greenhouse gas which is required to be reported under part 98 of title 40, Code of Federal Regulations.
‘‘(b) AMOUNT.—The fee to be paid by the covered entity required to so report shall be an amount equal to— ‘‘(1) the total amount, in metric tons of CO2-e, of emitted fluorinated greenhouse gases (or, in the case of a supplier, emissions that would result determined under the rules of such part), multiplied by ‘‘(2) an amount equal to 10 percent of the carbon fee rate in effect under section 9902(d)(1) for the calendar year of such emission.


Sec. 4 - Decommissioning of Carbon Fee

 ‘‘(a) IN GENERAL.—At such time that—(1) the Administrator determines under 9903(b) that actual emissions of greenhouse gases from covred fuels is not more than 10 percent of the greenhouse gas emissions from covered fuels during the year 2016, and ‘‘(2) the monthly carbon dividend payable to an adult eligible individual has been less than $20 for 3 consecutive years, the Administrator shall decommission in an orderly manner all bureaus and programs associated with administering the
carbon fee, the carbon border fee adjustment, and the Carbon Dividend Trust Fund.
‘‘(b) INFLATION ADJUSTMENT.—In the case of any
calendar year after 2020, the $20 amount under subsection (a)(2) shall be increased by an amount equal to—
 ‘‘(1) such dollar amount, multiplied by
‘‘(2) cost-of-living adjustment determined under
 section 1(f)(3) for the calendar year, determined by
 substituting ‘calendar year 2017’ for ‘calendar year
 2016’ in subparagraph (A)(ii) thereof.

SEC. 5 NATIONAL ACADEMY OF SCIENCES REVIEW OF CARBON FEE

(a) In General.—Not later than 3.5 years after the date of the enactment of this Act, the Administrator shall enter into an agreement with the National Academy of Sciences to prepare a report relating to the carbon fee imposed by section 9902 of the Internal Revenue Code of 1986 and the emissions reductions schedule established under section 9903 of such Code.

(b) Report Requirements.—Such report shall—

(1) assess the efficiency and effectiveness of the carbon fee in achieving the emissions reduction targets set forth in section 9903 of such Code;

(2) describe and make recommendations on whether the carbon fee rate and annual increases prescribed by section 9902(c) of such Code should be adjusted in order to optimize the efficiency and effectiveness of this Act in achieving the emissions reduction targets set forth in section 9903 of such Code;

(3) describe the potential of the carbon fee to achieve future emissions targets set forth in section 9903(a) of such Code through the year 2050;

(4) describe and evaluate the effectiveness of the carbon fee in reducing emissions from key sectors of the economy, including sectors of the economy that have decreased their carbon emissions, sectors of the economy that have increased their carbon emissions, and sectors of the economy in which carbon emissions have not changed;

(5) make findings and recommendations to Federal departments and agencies and to Congress on actions that could be taken to reduce carbon emissions in the sectors of the economy in which carbon emissions have not decreased;

(6) make findings and recommendations on adjusting regulations enacted under the Clean Air Act and other Federal laws that affect economic sectors achieving the emissions reduction targets set forth in section 9903 of such Code; and

(7) provide an assessment of any other factors determined to be material to the program’s efficiency and effectiveness in achieving the goals set forth in this act.

(c) Report Made Publicly Available.—Not later than 4 years after the date of the enactment of this Act, the Administrator shall submit to the Chamber the report required under subsection (a). Such report shall be made electronically available to the public and open to public comment for at least 60 days before the final submission to Congress.

SEC. 6. IMPACT OF CARBON FEE ON BIOMASS USE AND CARBON SINKS.

(a) Study Of Biomass.—The Administrator shall enter into an agreement with the National Academy of Sciences to conduct a study, make recommendations, and submit a report regarding the impact of the carbon fee on the use of biomass as an energy source and the resulting impacts on carbon sinks and biodiversity.

(b) Study Requirements.—The study conducted under subsection (a) by the National Academy of Sciences shall include analysis, documentation, and determinations on—

(1) the carbon fee and its impact on the use of biomass as an energy source and greenhouse gas emissions from the use of biomass as an energy source;

(2) the impacts of the use of biomass as an energy source on carbon sinks and biodiversity; and

(3) the various types of biomass that are being used as an energy source.

(c) Recommendations.—Based on the findings and conclusions of the study, the National Academy of Sciences shall make recommendations to the Chamber. The recommendations shall include any actions that should be taken to mitigate impacts of the carbon fee on—

(1) increasing greenhouse gas emissions from the use of biomass as an energy source; and

(2) degradation of carbon sinks and biodiversity relating to the use of biomass as an energy source.

(d) Report.—The National Academy of Sciences shall prepare a report that includes any findings and recommendations made pursuant to this section and, not later than 18 months after the date of the enactment of this Act, make such report electronically available to the public.

SEC. 7. EFFECTIVE DATE.

The amendments made by this Act shall take effect on the date of the enactment of this Act, except the carbon fee under section 9902 of the Internal Revenue Code of 1986 shall apply to uses, sales, or transfers more than 270 days after the date of the enactment of this Act.

SEC. 8. PRINCIPLE OF INTERPRETATION.

In the case of ambiguity, the texts of this statute and its amending texts shall be interpreted so as to allow for the most effective abatement of greenhouse gas emissions.

SEC. 9. NO PREEMPTION OF STATE OR FEDERAL LAW.

Nothing in this legislation shall preempt or supersede, or be interpreted to preempt or supersede, any State law or regulation. Further, the fees in this law shall be in addition to those enacted by the Federal Carbon Tax Act of 2017.
 

This is derived from parts of HR 763 of the 116th Congress, the proposed Energy Innovation and Carbon Dividend Act of 2019, which has been sponsored by 35 US House Democrats, along with Republican Francis Rooney of Florida.

Civilian Slot
Sponsor: Wulfric (aka Dwarven Dragon)

[Southern Delegate matthew27]

Would probably harm the southern economy and hurt the energy consumer so I oppose this.

[Mr. Reactionary]

Would probably harm the southern economy and hurt the energy consumer so I oppose this.

I agree with Matthew

[Attorney General & PPT Dwarven Dragon]

This bill will impose additional fees on Carbon and Flourinated Greenhouse gases. Sets up a national academy of sciences review after the first 3.5 years of the fee. Fremont has already established a regional carbon tax, and the South should follow their lead. This will allow us to more effectively fight climate change.

For the sake of our children, I urge you to vote AYE.

[PragmaticPopulist]

This bill will impose additional fees on Carbon and Flourinated Greenhouse gases. Sets up a national academy of sciences review after the first 3.5 years of the fee. Fremont has already established a regional carbon tax, and the South should follow their lead. This will allow us to more effectively fight climate change.

For the sake of our children, I urge you to vote AYE.

I rise in support of this legislation because climate change is a critical threat to the south's shores. We are losing shoreline by the year, and it is something that must be addressed NOW!

[Leinad]

I get the opposition to this, but taxing businesses in order to protect the planet makes more sense than governing a business's policies in order to protect a few people from getting their Twitter banned, right?

I know it's a different thing and I probably make too many equivalencies (), but a good start to being a good government is being a consistent one!

[Deep Dixieland Senator, Muad'dib (OSR MSR)]

While I recognize that Wulfric has put a lot of work into this bill. I don't see the need to duplicate an existing federal tax. More proof that Labor will tax everything they can including things that is already being taxed. A Tax on a Tax on a Tax. A great big new tax on everything under the guise of being moral. I will be voting no on this bill. This nation was build off a tax rebellion. Putting a tax on a tax on a tax is might very well in time lead to another tax rebellion.

...a good start to being a good government is being a consistent one!

We recognize that legislation regarding freedom of speech on the internet and the existing federal carbon tax are best left to the national government. How is that not consistent?

I stood on a platform of lower taxes. Not putting a great big new tax on everything. How is that not consistent?

You stood for doing "fun things" where are these "fun things" Delegate Leinad?
You stood against "not offering amendments or saying things other than "this looks good to me"". I'm still looking forward to debating the "fun things"

I did endorse your candidacy

Here you go Mate.
An election day endorsement from a rival candidate



FUN THINGS!
FUN THINGS!

I don't regret it either mate.

Bring on the fun things.

[President Punxsutawney Phil]

would this legislation be acceptable to a majority in this chamber if it had a procedure for all of the proceeds to be given to the people of the South, directly, in a check in the mail or something like that?

[Attorney General & PPT Dwarven Dragon]

would this legislation be acceptable to a majority in this chamber if it had a procedure for all of the proceeds to be given to the people of the South, directly, in a check in the mail or something like that?

I would be open to this if it would be signed into law.

[Deep Dixieland Senator, Muad'dib (OSR MSR)]

would this legislation be acceptable to a majority in this chamber if it had a procedure for all of the proceeds to be given to the people of the South, directly, in a check in the mail or something like that?

I would be open to this if it would be signed into law.

So all Y'all Laborites want to create a money go-round?  Take it from the right pocket to put it back in the left pocket. Sound's like it would be better and more cost effective to just not tax impose a tax, and let the people keep their own money.

Duplication and an inefficient money go round. More than enough reason to vote against this.

[Southern Delegate matthew27]

I have another bill on the floor to subsidize and cut taxes on current energy resources. Why would I vote for this bill?

[Attorney General & PPT Dwarven Dragon]

I have another bill on the floor to subsidize and cut taxes on current energy resources. Why would I vote for this bill?

This is a key requirement to fight climate change. Doesn't mean that your bill will or won't help. But this bill is essential.

[Attorney General & PPT Dwarven Dragon]

Unless someone has an amendment to offer, I would request a final vote.

[Deep Dixieland Senator, Muad'dib (OSR MSR)]

Unless someone has an amendment to offer, I would request a final vote.

I will motion for a final vote on behalf of the citizenry of the great Southern Region that is Dixieland

[President Punxsutawney Phil]

No objection.

[Deep Dixieland Senator, Muad'dib (OSR MSR)]

There being no objections S.19.2-11: (Southern) Carbon Tax Act of 2019 will be put to a final vote. Sound the bells (delegates will be DM'd). The text of the bill reads as follows:

Carbon Tax Act of 2019


Sec. 1 Definitions:

For Purposes of This Legislation:

 ‘‘(a) ADMINISTRATOR.—The term ‘Administrator’
 means the Game Moderator, the Southern Governor, or their designee(s).
‘‘(b) CARBON DIOXIDE EQUIVALENT OR CO2-E.—
 The term ‘carbon dioxide equivalent’ or ‘CO2-e’ means the
 number of metric tons of carbon dioxide emissions with
 the same global warming potential as one metric ton of
 another greenhouse gas
‘‘(c) CARBON-INTENSIVE PRODUCT.—The term ‘carbon-intensive product’ means, as identified by the Administrator by rule—
‘‘(1) any manufactured or agricultural product
 which the Administrator determines is carbon-intensive, except that no covered fuel is a carbon-intensive product, and
‘‘(2) until such time that the Administrator promulgates rules identifying carbon-intensive products, the following shall be considered carbon-intensive products: iron, steel, steel mill products (including pipe and tube), aluminum, cement, glass (including flat, container, and specialty glass and fiberglass), pulp, paper, chemicals, or industrial ceramics.
‘‘(d) CARBON LEAKAGE.—The term ‘carbon leakage’
 means an increase of global greenhouse gas emissions
which are substantially due to the relocation of greenhouse
 gas sources from the United States to jurisdictions which
 lack comparable controls upon greenhouse gas emissions.
 ‘‘(e) COST OF CARBON OR CARBON COSTS.—The
 term ‘cost of carbon’ or ‘carbon costs’ means a national
 or sub-national government policy which explicitly places
 a price on greenhouse gas pollution and shall be limited
 to a tax on greenhouse gases. No cap-and-trade type formula shall be allowed. The cost of carbon is expressed as the price per metric ton of CO2-e.
‘‘(f) COVERED ENTITY.—The term ‘covered entity’ means— (1) in the case of crude oil—
 ‘‘(A) a refinery operating in the United
 States, and
 ‘‘(B) any importer of any petroleum or pe4
troleum product into the United States,
 ‘‘(2) in the case of coal—
 ‘‘(A) any coal mining operation in the
United States, and
‘‘(B) any importer of coal into the United
 States,
 ‘‘(3) in the case of natural gas—
 ‘‘(A) any entity entering pipeline quality
 natural gas into the natural gas transmission
system, and
‘‘(B) any importer of natural gas into the
 United States,
‘‘(4) in the case of fluorinated gases any entity
 required to report the emission of a fluorinated gas
 under part 98 of title 40, Code of Federal Regulations, and
 ‘‘(5) any entity or class of entities which, as determined by the Administrator, is transporting, selling, or otherwise using a covered fuel in a manner which emits a greenhouse gas to the atmosphere and which has not been covered by the carbon fee.
 ‘‘(g) COVERED FUEL.—The term ‘covered fuel’
 means crude oil, natural gas, coal, or any other product
 derived from crude oil, natural gas, or coal which shall
 be used so as to emit greenhouse gases to the atmosphere.
 ‘‘(h) CRUDE OIL.—The term ‘crude oil’ means unrefined petroleum.
 ‘‘(i) EXPORT.—The term ‘export’ means to transport
 a product from within the jurisdiction of the United States
 to persons outside the United States.
 ‘‘(j) FLUORINATED GREENHOUSE GAS.—The term
 ‘fluorinated greenhouse gas’ means sulfur hexafluoride
 (SF6), nitrogen trifluoride (NF3), and any fluorocarbon
except for controlled substances as defined in subpart A of part 82 of title 40, Code of Federal Regulation, and substances with vapor pressures of less than 1 mm of Hg absolute at 25 degrees. With these exceptions, ‘fluorinated greenhouse gas’ includes but is not limited to any hydrofluorocarbon, any perfluorocarbon, any perfluoropolyether, and any hydrofluoropolyether.
‘‘(k) FOSSIL FUEL.—The term ‘fossil fuel’ means
 coal, coal products, petroleum, petroleum products, or natural gas.
(l) FULL FUEL CYCLE GREENHOUSE GAS EMISSIONS.—The term ‘full fuel cycle greenhouse gas emissions’ means the greenhouse gas content of a covered fuel
plus that covered fuel’s upstream greenhouse gas emissions.
‘‘(m) GLOBAL WARMING POTENTIAL.—The term
 ‘global warming potential’ means the ratio of the time
integrated radiative forcing from the instantaneous release
 of one kilogram of a trace substance relative to that of
 one kilogram of carbon dioxide.
 ‘‘(n) GREENHOUSE GAS.—The term ‘greenhouse gas’
 means carbon dioxide (CO2), methane (CH4), nitrous
 oxide (N2O), sulfur hexafluoride (SF6),
 hydrofluorocarbons (HFCs), perfluorocarbon (PFCs), and
other gases as defined by rule of the Administrator.
 ‘‘(o) GREENHOUSE GAS CONTENT.—The term
 ‘greenhouse gas content’ means the amount of greenhouse
 gases, expressed in metric tons of CO2-e, which would be
 emitted to the atmosphere by the use of a covered fuel
and shall include, nonexclusively, emissions of carbon dioxide (CO2), nitrous oxide (N2O) and methane
‘‘(p) GREENHOUSE GAS EFFECT.—The term ‘green4
house gas effect’ means the adverse effects of greenhouse
gases on health or welfare caused by the greenhouse gas’s heat-trapping potential or its effect on ocean acidification.
 ‘‘(q) IMPORT.—Irrespective of any other definition in
 law or treaty, the term ‘import’ means to land on, bring
into, or introduce into any place subject to the jurisdiction
 of the United States.
 ‘‘(r) PETROLEUM.—The term ‘petroleum’ means oil
 removed from the earth or the oil derived from tar sands
 or shale.
 ‘‘(s) PRODUCTION GREENHOUSE GAS EMISSIONS.—
 The term ‘production greenhouse gas emissions’ means
 the quantity of greenhouse gases, expressed in metric tons
 of CO2-e, emitted to the atmosphere resulting from, non-exclusively, the production, manufacture, assembly, transportation, or financing of a product.
 ‘‘(t) UPSTREAM GREENHOUSE GAS EMISSIONS.—
 The term ‘upstream greenhouse gas emissions’ means the
quantity of greenhouse gases, expressed in metric tons of
CO2-e, emitted to the atmosphere resulting from, non-exclusively, the extraction, processing, transportation, financing, or other preparation of a covered fuel for use.

Sec. 2 - Carbon Fee

‘‘(a) CARBON FEE.—There is hereby imposed a carbon fee on any covered entity’s emitting use, or sale or transfer for an emitting use, of any covered fuel.
 "(b) AMOUNT OF THE CARBON FEE.—The carbon
fee imposed by this section is an amount equal to—
‘‘(1) the greenhouse gas content of the covered fuel, multiplied by
‘‘(2) the carbon fee rate.
 ‘‘(c) CARBON FEE RATE.—For purposes of this section—
 ‘‘(1) IN GENERAL.—The carbon fee rate, with
 respect to any use, sale, or transfer during a calendar year, shall be—
 ‘‘(A) in the case of calendar year 2019,
 $15, and
 ‘‘(B) except as provided in paragraph (2),
 in the case of any calendar year thereafter—
 ‘‘(i) the carbon fee rate in effect
 under this subsection for the preceding calendar year, plus
 ‘‘(ii) $10.
 ‘‘(2) EXCEPTIONS.—
 ‘‘(A) INCREASED CARBON FEE RATE
 AFTER MISSED ANNUAL EMISSIONS REDUCTION
 TARGET.—In the case of any year immediately following a year for which the Administrator
determines under 9903(b) that the actual emissions of greenhouse gases from covered fuels exceeded the emissions reduction target for the previous year, paragraph (1)(B)(ii) shall be applied by substituting ‘$15’ for the dollar amount otherwise in effect for the calendar year under such paragraph.
‘‘(B) CESSATION OF CARBON FEE RATE INCREASE AFTER CERTAIN EMISSION REDUCTIONS ACHIEVED.—In the case of any year immediately following a year for which the Administrator determines under 9903(b) that actual emissions of greenhouse gases from covered fuels is not more than 10 percent of the greenhouse gas emissions from covered fuels during the year 2018, paragraph (1)(B)(ii) shall be applied by substituting ‘$0’ for the dollar amount otherwise in effect for the calendar year under such paragraph.
‘‘(3) INFLATION ADJUSTMENT.—In the case of any calendar year after 2019, each of the dollar amounts in paragraphs (1)(A), (1)(B)(ii), and
(2)(A) shall be increased by an amount equal to—
‘‘(A) such dollar amount, multiplied by
‘‘(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar
 year, determined by substituting ‘calendar year
 2018’ for ‘calendar year 2016’ in subparagraph
 (A)(ii) thereof.
 ‘‘(d) EXEMPTION AND REFUND.—The Administrator
shall prescribe such rules as are necessary to ensure the
fee imposed by this section is not imposed with respect to any nonemitting use, or any sale or transfer for a nonemitting use, including rules providing for the refund of any carbon fee paid under this section with respect to any such use, sale, or transfer.
 ‘‘(e) EXEMPTIONS.—
 ‘‘(1) AGRICULTURE.—
 ‘‘(A) FUEL.—If any covered fuel or its derivative is used on a farm for a farming purpose, the Administrator shall pay (without interest)  to the ultimate purchaser of such covered fuel or its derivative, the total amount of carbon fees previously paid upon that covered fuel or its derivative, as specified by rule of the Administrator.
 ‘‘(B) FARM, FARMING USE, AND FARMING
 PURPOSE.—The terms ‘farm’, ‘farming use’,
 and ‘farming purpose’ shall have the respective meanings given such terms under section 6420(c).
‘‘(C) OTHER GREENHOUSE GASES EMIS4
SIONS FROM AGRICULTURE.—The carbon fee shall not be levied upon non-fossil fuel greenhouse gas emissions which occur on a farm.
 ‘‘(2) ARMED FORCES OF THE UNITED
 STATES.—If any covered fuel or its derivative is
 used by the Armed Forces of the United States as
 supplies for vessels of war, vehicles, or electrical
 power generation equipment, the Administrator shall pay
(without interest) to the ultimate purchaser of such
covered fuel or its derivative, the total amount of
carbon fees previously paid upon that covered fuel or
its derivative, as specified by rule of the Administrator.

Sec. 3 - Fee on Flourinated Greenhouse Gases

‘‘(a) FLUORINATED GAS FEE.—A fee is hereby imposed upon any fluorinated greenhouse gas which is required to be reported under part 98 of title 40, Code of Federal Regulations.
‘‘(b) AMOUNT.—The fee to be paid by the covered entity required to so report shall be an amount equal to— ‘‘(1) the total amount, in metric tons of CO2-e, of emitted fluorinated greenhouse gases (or, in the case of a supplier, emissions that would result determined under the rules of such part), multiplied by ‘‘(2) an amount equal to 10 percent of the carbon fee rate in effect under section 9902(d)(1) for the calendar year of such emission.


Sec. 4 - Decommissioning of Carbon Fee

 ‘‘(a) IN GENERAL.—At such time that—(1) the Administrator determines under 9903(b) that actual emissions of greenhouse gases from covred fuels is not more than 10 percent of the greenhouse gas emissions from covered fuels during the year 2016, and ‘‘(2) the monthly carbon dividend payable to an adult eligible individual has been less than $20 for 3 consecutive years, the Administrator shall decommission in an orderly manner all bureaus and programs associated with administering the
carbon fee, the carbon border fee adjustment, and the Carbon Dividend Trust Fund.
‘‘(b) INFLATION ADJUSTMENT.—In the case of any
calendar year after 2020, the $20 amount under subsection (a)(2) shall be increased by an amount equal to—
 ‘‘(1) such dollar amount, multiplied by
‘‘(2) cost-of-living adjustment determined under
 section 1(f)(3) for the calendar year, determined by
 substituting ‘calendar year 2017’ for ‘calendar year
 2016’ in subparagraph (A)(ii) thereof.

SEC. 5 NATIONAL ACADEMY OF SCIENCES REVIEW OF CARBON FEE

(a) In General.—Not later than 3.5 years after the date of the enactment of this Act, the Administrator shall enter into an agreement with the National Academy of Sciences to prepare a report relating to the carbon fee imposed by section 9902 of the Internal Revenue Code of 1986 and the emissions reductions schedule established under section 9903 of such Code.

(b) Report Requirements.—Such report shall—

(1) assess the efficiency and effectiveness of the carbon fee in achieving the emissions reduction targets set forth in section 9903 of such Code;

(2) describe and make recommendations on whether the carbon fee rate and annual increases prescribed by section 9902(c) of such Code should be adjusted in order to optimize the efficiency and effectiveness of this Act in achieving the emissions reduction targets set forth in section 9903 of such Code;

(3) describe the potential of the carbon fee to achieve future emissions targets set forth in section 9903(a) of such Code through the year 2050;

(4) describe and evaluate the effectiveness of the carbon fee in reducing emissions from key sectors of the economy, including sectors of the economy that have decreased their carbon emissions, sectors of the economy that have increased their carbon emissions, and sectors of the economy in which carbon emissions have not changed;

(5) make findings and recommendations to Federal departments and agencies and to Congress on actions that could be taken to reduce carbon emissions in the sectors of the economy in which carbon emissions have not decreased;

(6) make findings and recommendations on adjusting regulations enacted under the Clean Air Act and other Federal laws that affect economic sectors achieving the emissions reduction targets set forth in section 9903 of such Code; and

(7) provide an assessment of any other factors determined to be material to the program’s efficiency and effectiveness in achieving the goals set forth in this act.

(c) Report Made Publicly Available.—Not later than 4 years after the date of the enactment of this Act, the Administrator shall submit to the Chamber the report required under subsection (a). Such report shall be made electronically available to the public and open to public comment for at least 60 days before the final submission to Congress.

SEC. 6. IMPACT OF CARBON FEE ON BIOMASS USE AND CARBON SINKS.

(a) Study Of Biomass.—The Administrator shall enter into an agreement with the National Academy of Sciences to conduct a study, make recommendations, and submit a report regarding the impact of the carbon fee on the use of biomass as an energy source and the resulting impacts on carbon sinks and biodiversity.

(b) Study Requirements.—The study conducted under subsection (a) by the National Academy of Sciences shall include analysis, documentation, and determinations on—

(1) the carbon fee and its impact on the use of biomass as an energy source and greenhouse gas emissions from the use of biomass as an energy source;

(2) the impacts of the use of biomass as an energy source on carbon sinks and biodiversity; and

(3) the various types of biomass that are being used as an energy source.

(c) Recommendations.—Based on the findings and conclusions of the study, the National Academy of Sciences shall make recommendations to the Chamber. The recommendations shall include any actions that should be taken to mitigate impacts of the carbon fee on—

(1) increasing greenhouse gas emissions from the use of biomass as an energy source; and

(2) degradation of carbon sinks and biodiversity relating to the use of biomass as an energy source.

(d) Report.—The National Academy of Sciences shall prepare a report that includes any findings and recommendations made pursuant to this section and, not later than 18 months after the date of the enactment of this Act, make such report electronically available to the public.

SEC. 7. EFFECTIVE DATE.

The amendments made by this Act shall take effect on the date of the enactment of this Act, except the carbon fee under section 9902 of the Internal Revenue Code of 1986 shall apply to uses, sales, or transfers more than 270 days after the date of the enactment of this Act.

SEC. 8. PRINCIPLE OF INTERPRETATION.

In the case of ambiguity, the texts of this statute and its amending texts shall be interpreted so as to allow for the most effective abatement of greenhouse gas emissions.

SEC. 9. NO PREEMPTION OF STATE OR FEDERAL LAW.

Nothing in this legislation shall preempt or supersede, or be interpreted to preempt or supersede, any State law or regulation. Further, the fees in this law shall be in addition to those enacted by the Federal Carbon Tax Act of 2017.
 

This is derived from parts of HR 763 of the 116th Congress, the proposed Energy Innovation and Carbon Dividend Act of 2019, which has been sponsored by 35 US House Democrats, along with Republican Francis Rooney of Florida.

Civilian Slot
Sponsor: Wulfric (aka Dwarven Dragon)

Voting Options are:
[   ] Aye
[   ] Nay
[   ] Abstain

[Deep Dixieland Senator, Muad'dib (OSR MSR)]

Nay

[Southern Delegate matthew27]

Nay

[President Punxsutawney Phil]

Aye

[PragmaticPopulist]

Aye

[UlmerFudd]

Nay

[reagente]

Nay

[President Punxsutawney Phil]

4 nays, 2 ayes. this bill failed to pass.