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Kerry-Lieberman American Power Act Leaked Preview

Kerry

First Posted: 05/12/10 08:56 AM ET Updated: 05/25/11 05:25 PM ET

This is a short summary of what to expect from the highly anticipated Kerry-Lieberman energy bill, which is called The American Power Act. We obtained this document from Think Progress' The Wonk Room.

The AP has summarized some of the key points to the bill:

The legislation aims to cut emissions of carbon dioxide and other heat-trapping greenhouse gases by 17 percent below 2005 levels by 2020 and more than 80 percent by 2050.

For the first time it would set a price on carbon emissions for large polluters such as coal-fired power plants. Rates initially would range from $12 per ton of carbon emissions to $25 per ton, depending on market prices. Restrictions would not take effect until 2013 for power plants and transportation fuels, and 2016 for manufacturers.

Allowances would be granted to local electricity companies, which would be required to use them to help rate payers. In addition, a separate consumer relief provision would provide rebates to eligible families.

Kerry and Lieberman said the bill would exempt farms and most small and medium-sized businesses, concentrating efforts on the largest polluters.

Read the full AP summary here.

The AP also notes that the bill contains a provision that will allow neighboring states to veto offshore drilling leases.

HuffPost Green will bring you further information on the bill and reactions from around the web as this story develops.


AMERICAN POWER ACT


**FOR STAFF USE ONLY**

**NOT FOR DISTRIBUTION OR PUBLICATION**

DRAFT SHORT SUMMARY

The American Power Act will transform our economy, set us on the path toward energy independence and improve the quality of the air we breathe. It will create millions of good jobs that cannot be shipped abroad and it will launch America into a position of leadership in the global clean energy economy.

Our approach sets an achievable national pollution reduction target and refunds the money raised right back to American consumers and American businesses. This is not a plan that enriches Wall Street speculators. And this is certainly not a plan to grow the government. It is a plan that creates jobs and sets us on a course toward energy independence and economic resurgence. It is time for Democrats, Republicans and Independents to come together to pass legislation that will create American jobs and achieve energy security, while reducing carbon pollution by 17 percent in 2020 and by over 80 percent in 2050. Our plan is based on five simple principles:

First: Consumers will come out on top. The American Power Act sends two-thirds of all revenues not dedicated to reducing our nation's deficit back to consumers from day one. The rest is spent ensuring a smooth transition--for American businesses and investing in projects and technologies to reduce emissions and advance our energy security. In the later years of the program, every penny not spent to reduce the deficit will go directly back to consumers.

Second: We need energy made in America. Today we spend almost one billion dollars every day on foreign oil, much of which is sent to regimes that are hostile to our nation and our interests. That is money we should be investing here at home. The American Power Act invests in technology to harness domestic power supplies and reduce our dependence on foreign oil.

Third: America needs to regain its competitive edge and lead the global clean energy economy. America enjoys an abundance of home-grown energy sources: coal, natural gas, nuclear and renewables. Each will play a critical role in our clean energy future. By investing in innovation across all energy sources, we will create millions of jobs rebuilding our energy infrastructure as we reinvigorate our manufacturing base, which will be called upon to produce the clean energy technologies of tomorrow.

Fourth: We need a new approach to reducing emissions that recognizes the different needs of our different industries. The American Power Act includes separate, targeted mechanisms for the three major emitting sectors: power plants, heavy industry and transportation. Each approach is tailor-made to ensure a smooth transition into our collective clean energy future.

Fifth: The system must be simple, stable and secure. We only address the largest sources of carbon pollution and we provide predictability to businesses and consumers through a hard price collar and the creation of a single, clear set of rules. Our carbon market structure eliminates the possibility of manipulation, which will mean a secure, well-functioning market system.

Details on Key Provisions

Protecting Consumers

* From day one, two-thirds of revenues not dedicated to reducing our deficit are rebated back to consumers through energy bill discounts and direct rebates. We also provide assistance to those Americans who may be disproportionately affected by potential increases in energy prices through tax cuts and an energy refund program.
* After the initial transition period, revenues go into a Universal Refund that will increase until all revenues not spent to reduce the deficit are refunded directly to consumers.

Ensuring Regulatory Predictability

* It ensures predictability for American businesses by articulating a single set of rules for achieving its goals. Rather than allowing a patchwork of conflicting state and federal regulations, it lays out one clear set of rules for reducing greenhouse gas emissions.
* States will not be permitted to operate cap-and-trade programs for greenhouse gases. Those states that have already taken a leadership role in implementing emission reduction policies will receive compensation for the revenues lost as a result of the termination of their cap-and-trade programs.

Ensuring Price Predictability

* We include a hard price collar which binds carbon prices and creates a predictable system for carbon prices to rise at a fixed rate over inflation.
* Introductory floor and ceiling prices are set at $12 (increasing at 3 percent over inflation annually) and $25 (increasing at 5 percent over inflation annually), respectively.
* To provide environmental integrity and ensure meaningful emissions reductions, we include a strategic reserve to complement the hard price collar and ensure the availability of price-certain allowances in the event of unusually high carbon prices.

Decreasing our Dependence on Foreign Oil

* We provide over $7 billion annually to improve our transportation infrastructure and efficiency, including our highways and mass transit systems. '
* We also address our use of foreign oil in our trucks and heavy-duty fleet by providing significant tax incentives for conversion to clean natural gas vehicles.
* We make important new investments in developing and manufacturing advanced vehicles, to ensure that America leads the world in advanced cars and batteries.
* We embrace ongoing efforts to create strong federal standards for greenhouse gas emissions and efficiency improvements in our vehicle fleet.
* Mindful of the accident in the Gulf we institute important new protections for coastal states by allowing them to opt-out of drilling up to 75 miles from their shores. In addition, directly impacted states can veto drilling plans if they stand to suffer significant adverse impacts in the event of an accident. States that do pursue drilling will receive 37.5 percent of revenues to help protect their coastlines and coastal ecosystems.

Expanding America's Manufacturing Base

* Industrial sources will not enter the program until 2016. Prior to 2016, allowance value is dedicated to offset electricity and natural gas rate increases for industrial rate-payers and to improve energy efficiency in manufacturing -- to keep power bills down in the future.
* In 2016, energy-intensive and trade-exposed industries receive allowances to offset both their direct and indirect compliance costs. This assistance will be distributed in a way that rewards efficiency investments and makes our manufacturing facilities more competitive.
* We also significantly increase incentives for clean technology manufacturing, by expanding the clean energy manufacturing tax credit by $5 billion, providing incentives for the production of advanced vehicles and component parts and funding investments in energy efficiency innovation. Alongside these priorities, we also support community economic adjustment assistance and worker training.
* In order to protect the environmental goals of the bill, we phase in a WTO-consistent border adjustment mechanism. In the event that no global agreement on climate change is reached, the bill requires imports from countries that have not taken action to limit emissions to pay a comparable amount at the border to avoid carbon leakage and ensure we are able to achieve our environmental objectives.

Creating New Opportunities for American Farmers

* We establish a new multi-billion dollar revenue stream for the agricultural sector through a domestic offset program that provides incentives for farmers to reduce emissions on their land. The program provides USDA with primary authority over domestic agriculture and forestry projects.
* Additionally, the bill supports the Rural Energy for America Program, which has already reduced costs and created thousands of new clean energy jobs across rural America.

Investing in Clean Energy Research, Development and Deployment

* The American Power Act funds critical investments in clean energy research and development, including renewable energy technology, advanced vehicle technologies and carbon capture and sequestration.
* We also establish pilot projects to determine the regional feasibility of light- and heavy-duty plug-in electric vehicles.

Ensuring Coal's Future

* We empower the U.S. to lead the world in the deployment of clean coal technologies through annual incentives of $2 billion per year for researching and developing effective carbon capture and sequestration methods and devices.
* We also provide significant incentives for the commercial deployment of 72 GW of carbon capture and sequestration.

Encouraging the Use of America's Natural Gas

* We create a level playing field for natural gas in the power sector by removing disincentives for natural gas generation at merchant plants.
* We also help guide the state regulatory process by requiring public disclosure of chemicals used in the production of natural gas.

Increasing Nuclear Power Generation

* We have included a broad package of financial incentives to increase nuclear power generation including regulatory risk insurance for 12 projects, accelerated depreciation for nuclear plants, a new investment tax credit to promote the construction of new generating facilities, $5.4 billion in loan guarantees and a manufacturing tax credit to spur the domestic production of nuclear parts.
* We improve the efficiency of the licensing process.
* We invest in the research and development of small, modular reactors and enhanced proliferation controls.
* We designate an existing national laboratory as a nuclear waste reprocessing Center of Excellence.

Reducing Transportation Emissions

* Emissions from the transportation sector will remain under the carbon pollution cap.
* Producers and importers of refined products will not participate in the carbon market, but will purchase allowances at a fixed price from the allowance auction.

Blocking Market Manipulation

* The bill only requires the largest sources of pollution to comply with reduction targets: those who produce more than 25,000 tons of carbon pollution annually. This means the program only focuses on 7,500 factories and power plants.
* Participation in the auction and primary cash markets is restricted to entities with a compliance obligation and a limited number of 'market makers.'
* Participation in the secondary market will be open to all participants, but it will only exist on a cash-cleared basis. It will be highly regulated, exchange traded and transparent.

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This is a short summary of what to expect from the highly anticipated Kerry-Lieberman energy bill, which is called The American Power Act. We obtained this document from Think Progress' The Wonk Room.
This is a short summary of what to expect from the highly anticipated Kerry-Lieberman energy bill, which is called The American Power Act. We obtained this document from Think Progress' The Wonk Room.
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01:40 PM on 05/14/2010
"American Power Act"? Is that what they changed the name of Cap & Trade to ?? Why can't they tell the truth and name it the "Wealth Re-distribution on a larger scale than ever imagined" bill ???
Do a little research into "Emerald Cities" Joel Rogers and the "Apollo Alliance" that wrote the stimulus bill and handed it to congress one hour before the vote.
11:30 PM on 05/12/2010
Sorry Senator Kerry, as much as I tried to believe in you, now It's all beginning to seem a bit hypocritical as we thought things back in 1970s when "VietVetsForJustPeace" was debating you as the spokesman of "VietVetsAgainstTheWar." What in God's name are you doing associating with "Lieberman" who betrayed everything he once stood for? Isn't it enough that he is insisting that we maintain a "kill a Muslim for Christ" campaign addressed to Christian RightYahoos, endlessly/hopelessly fighting bands of illiterate tribal resisters at cost of ONE TRILLION DOLLARS PER YEAR?

Lieberman would do anything to make Israel master of the Middle East by making the US its mad dog on a chain but only making America but in spinning our wheels trying to kill Muslims we're only becoming China's mad debtor on a rope. If the $1 trillion/year spend in the current phony war on terror turning 1.5 billion Muslims against us were stopped, Obama would have a lot more money for a lot more jobs making America GREEN and free of MiddleEast&CentralAsian oil. WE need the money for research-- instead of a pipeline through Afghanistan-- so we can be free ourselves of our oil addiction. This Pentagon is the most incompetent since end of WWII. Yet Lieberman would lavishly fund wars that are nothing but the Petraeus Republican Presidential Campaign of 2012. Please, having come to respect you since 2004, tell me what in God's name are you doing with that shyster?
05:21 PM on 05/12/2010
The Kerry-Lieberman bill is a good enough platform from which to work forward to kick our oil addiction (which seriously compromises our national security, by the way) and improve the quality of our environment. The leader of the emerging global economy will be determined in the next few years and rewarded with trillions of dollars worth of clean energy exports and millions of sustainable jobs. The American Power Act invests in American innovation and projects and technologies that are vital to achieving this. With the ugly side of our “drill, baby, drill” energy approach disastrously apparent in the Gulf, my hope is that the Senate will act now and put the interests of our nation before the interests of Big Oil.
HUFFPOST SUPER USER
Eddie Coomer
09:51 PM on 05/12/2010
First we had Waxman-Markey Cap and Trade, then we had Kerry-Boxer Cap and Trade, now we have the Kerry - Lieberman American Power Act. Show me the complete text of this bill! Demand the same from your senator. Don't take the filtered screened verbiage from a writer who is on the payroll from the supported of these bills, instead demand to see the bill in it's entirety. These two aforementioned bills both exceeded well beyond a 1,000 pages long and both included provisions far beyond just Cap and Trade. Both bills included massive taxes that everyone, even imposed on the poor folks, forced more jobs overseas, and took the taxes that will be stolen from our citizens and gives it to foreign nations who claim they are impacted by global warming or whatever these scam artists call it now. These bills take this stolen tax money and funnels it back to a select few of these corrupt politicians buddies. The congress and senators who are proposing this kind of garbage need to be removed from office.

Demand to your congress and senate reps that they pass two other bills first: A) Read the Bills Act, and B) One Subject at a Time Act.
04:01 PM on 05/12/2010
I can't even go past point 1....
" From day one, two-thirds of revenues not dedicated to reducing our deficit are rebated back to consumers through energy bill discounts and direct rebates. We also provide assistance to those Americans who may be disproportionately affected by potential increases in energy prices through tax cuts and an energy refund program.
* After the initial transition period, revenues go into a Universal Refund that will increase until all revenues not spent to reduce the deficit are refunded directly to consumers."

Rainbo's and Unicorns.... they are going to give us our money back... Oh good!
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HUFFPOST SUPER USER
TMS3100
Tea Party has run off with his light saber.
04:44 PM on 05/12/2010
Maybe the Universal Refund be like the Social Security trust fund. Spent.
03:31 PM on 05/12/2010
I've read through these comments and I think the detractors of this bill can only say one thing, and that is a lack of information. If you read the tenants for this act, it is a great step toward even tougher regulations on emissions standards. I work for the Environmental Defense Fund in DC, and to be brutally honest, I'll be the first to admit that it isn't perfect. But as a citizen of a democracy, it takes more than just nearsightedness to automatically attack something that is clearly trying to solve a problem.

In a few years, this act is allocating all money that isn't used back to the consumer. It's creating incentives for new sustainable industries and creating a trend toward capping carbon. I mean, people are jumping up and down and throwing out these phrases like big business, goldman sachs, socialism, etc. but what is the alternative? Should we listen to the skeptics, wait another 15-20 years for global warming to manifest and then come back to the issue when the environment is irreparable and then try to create a unilateral plan of action?

Visit lesscarbonmorejobs.com to see the direct impacts of passing clean energy.
03:25 PM on 05/12/2010
This bill may not be perfect but that's why it's going to pass. Perfect bills have rarely passed the U.S. Congress, yet incredible achievements have still been made. And there are a lot of things to be excited about in this bill. It presents Americans with so many ways to find opportunity and growth through carbon cuts, which will give it much greater appeal for the average person than a bill that demanded the most hardcore changes imaginable as soon as possible. It will loosen the stranglehold that oil and coal have on our energy market, even if traditional fuels don't disappear immediately, and it will help level the playing field for clean energy so that prices can drop and access can expand for the average consumer. It will reduce our dependence on foreign oil without necessarily making disasters like those in the Gulf more likely. And like the incremental civil rights legislation of the 50s and 60s, it will create a framework and set a precedent for future revisions and improvements to our energy policy. It sets us on the right path, even if our movement down that path will be slow.

This is a moment to celebrate and to follow with many, many calls to Senators' offices with a fervent request that they vote in favor of American Power.
02:59 PM on 05/12/2010
Oh H$LL NO, who do you think is going to pay for all of this made up science and B>S?? They better not ram this through like the HCR which is turning out to be a flat out lie
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HUFFPOST SUPER USER
donaldinks
and so it goes...
02:33 PM on 05/12/2010
Unfortunately :
...most "Coal and Oil" sycophants also (apparently) enjoy fighting endless wars.

It (to them, at least) justifies not excelling, nor advancing with reason and science (when it comes to clean and renewable energy)...
Rather, it conveniently allows them to just give lip service to their favorite propagandist phrase:

"we are the greatest Nation on Earth", and that gives us the right to go about the world and take what we want, when we want it...
either by "shock and awe", or by just cheating other Nations out of it.

,,,and let us not forget "entrenched" big oil and coal conglomerates have a symbiotic relationship, with the Industrial Military Complex.
They have from the beginning...
02:31 PM on 05/12/2010
This is nothing but a bunch of rich boys pulling a scam. Al Gore, Goldman Sachs, even Obama is linked to this fraudulent manuever.

It's ALL about the Chicago Climate Exchange:

http://www.scribd.com/documents/30833175/CCX-Scandal-Chart
02:04 PM on 05/12/2010
it's a start,no how to get those idiots in Washington to vote for it.
01:57 PM on 05/12/2010
Add a lifting of all liability caps for damages caused by oil drilling and transport. If a spill or blowout could destroy their company, you can bet they will worry about safety a lot more than half-hearted regulators will.
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aacme
My micro-bio is on a strict need-to-know basis.
09:47 PM on 05/12/2010
I think you (and maybe Kerry) miss the point. We don't WANT more drilling. We want clean energy.
01:47 PM on 05/12/2010
First, we are not big enough to have an impact on reversing any global warming.
Second, it is a climatic change that is being used by RESEARCHERS to get more grant money.
Third, meteorologists take it as normal variances in weather conditions.
Fourth, as a Vietnam Vet who already received a knife in the back from this self centered phony, I don't trust anything he is invoved with promoting. As a Democrat it drove me crazy that he was our candidate in 2004.
Fifth, glaciers reached Belvidere on the West and Perth Amboy on the East of New Jersey 21,000 years ago. What caused the global warming so long before any industrial revolution to melt glaciers way up into Canada and beyond?
Sixth, all these politicians want is money and power. This bull has to stop somewhere and soon.
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HUFFPOST SUPER USER
donaldinks
and so it goes...
02:00 PM on 05/12/2010
...and Seventh:
One-Six are all wrong.
...Just sayin'
02:51 PM on 05/13/2010
Oh, and the Earth is flat
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01:19 PM on 05/12/2010
As small a step it is, it is a step in the right direction. I hope they can get it passed before November..
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HUFFPOST SUPER USER
csuciadams
Planner/Engineer Extraordinaire
01:16 PM on 05/12/2010
This looks good to me. There are things to satisfy the "status quo" money makers who are afraid to change drastically away from fossil fuels, while also giving a new commitment to our renewable energy future.

We all need to stop arguing about what could be better and start moving this stuff forward. We have been in a holding pattern for decades.

We need to sh*t or get off the pot...
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01:21 PM on 05/12/2010
It is step in the right direction. And, i agree, we do need to take this step now.
01:07 PM on 05/12/2010
This is nothing but a money scam, do your homework on the Chicago Climate Exchange.
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01:11 PM on 05/12/2010
You do your homework any place you want, just as long as you turn it into your teacher on time.

I would rather pay attention to what is being proposed in this bill.
01:18 PM on 05/12/2010
Great comment. Fanned and faved