42 U.S.C. § 13383 — Director of Climate Protection

Page 8567 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13383 (4) an increase in the percentage of energy derived from renewable resources by 75 per- cent over 1988 levels by the year 2005; and (5) a reduction in the Nation’s oil consump- tion from the 1990 level of approximately 40 percent of total energy use to 35 percent by the year 2005. (b) Additional contents The least-cost energy strategy shall also in- clude— (1) a comprehensive inventory of available energy and energy efficiency resources and their projected costs, taking into account all costs of production, transportation, distribu- tion, and utilization of such resources, includ- ing— (A) coal, clean coal technologies, coal seam methane, and underground coal gasifi- cation; (B) energy efficiency, including existing technologies for increased efficiency in pro- duction, transportation, distribution, and utilization of energy, and other technologies that are anticipated to be available through further research and development; and (C) other energy resources, such as renew- able energy, solar energy, nuclear fission, fu- sion, geothermal, biomass, fuel cells, hydro- power, and natural gas; (2) a proposed two-year program for ensuring adequate supplies of the energy and energy ef- ficiency resources and technologies described in paragraph (1), and an identification of ad- ministrative actions that can be undertaken within existing Federal authority to ensure their adequate supply; (3) estimates of life-cycle costs for existing energy production facilities; (4) basecase forecasts of short-term and long-term national energy needs under low and high case assumptions of economic growth; and (5) an identification of all applicable Federal authorities needed to achieve the purposes of this section, and of any inadequacies in those authorities. (c) Secretarial consideration In developing the least-cost energy strategy, the Secretary shall give full consideration to— (1) the relative costs of each energy and en- ergy efficiency resource based upon a compari- son of all direct and quantifiable net costs for the resource over its available life, including the cost of production, transportation, dis- tribution, utilization, waste management, en- vironmental compliance, and, in the case of imported energy resources, maintaining access to foreign sources of supply; and (2) the economic, energy, social, environ- mental, and competitive consequences result- ing from the establishment of any particular order of Federal priority as determined under subsection (d). (d) Priorities The least-cost energy strategy shall identify Federal priorities, including policies that— (1) implement standards for more efficient use of fossil fuels; (2) increase the energy efficiency of existing technologies; (3) encourage technologies, including clean coal technologies, that generate lower levels of greenhouse gases; (4) promote the use of renewable energy re- sources, including solar, geothermal, sustain- able biomass, hydropower, and wind power; (5) affect the development and consumption of energy and energy efficiency resources and electricity through tax policy; (6) encourage investment in energy efficient equipment and technologies; and (7) encourage the development of energy technologies, such as advanced nuclear fission and nuclear fusion, that produce energy with- out greenhouse gases as a byproduct, and en- courage the deployment of nuclear electric generating capacity. (e) Assumptions The Secretary shall include in the least-cost energy strategy an identification of all of the assumptions used in developing the strategy and priorities thereunder, and the reasons for such assumptions. (f) Preference When comparing an energy efficiency resource to an energy resource, a higher priority shall be assigned to the energy efficiency resource when- ever all direct and quantifiable net costs for the resource over its available life are equal to the estimated cost of the energy resource. (g) Public review and comment The Secretary shall provide for a period of public review and comment of the least-cost en- ergy strategy, for a period of at least 30 days, to be completed at least 60 days before the issuance of such strategy. The Secretary shall also pro- vide for public review and comment before the issuance of any update to the least-cost energy strategy required under this section. (Pub. L. 102–486, title XVI, § 1602, Oct. 24, 1992, 106 Stat. 2999.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsec. (a), was in the original ‘‘this title’’ meaning title XVI of Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2999, which enacted this subchapter and repealed sections 7361 to 7364 of this title. § 13383. Director of Climate Protection Within 6 months after October 24, 1992, the Secretary shall establish, within the Depart- ment of Energy, a Director of Climate Protec- tion (in this section referred to as the ‘‘Direc- tor’’). The Director shall— (1) in the absence of the Secretary, serve as the Secretary’s representative for interagency and multilateral policy discussions of global climate change, including the activities of the Committee on Earth and Environmental Sciences as established by the Global Change Research Act of 1990 (Public Law 101–606) [15 U.S.C. 2921 et seq.] and the Policy Coordi- nating Committee Working Group on Climate Change; (2) monitor, in cooperation with other Fed- eral agencies, domestic and international poli- Page 8568 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13384 cies for their effects on the generation of greenhouse gases; and (3) have the authority to participate in the planning activities of relevant Department of Energy programs. (Pub. L. 102–486, title XVI, § 1603, Oct. 24, 1992, 106 Stat. 3001.) Editorial Notes REFERENCES IN TEXT The Global Change Research Act of 1990, referred to in par. (1), is Pub. L. 101–606, Nov. 16, 1990, 104 Stat. 3096, which is classified generally to chapter 56A (§ 2921 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 2921 of Title 15 and Tables. § 13384. Assessment of alternative policy mecha- nisms for addressing greenhouse gas emis- sions Not later than 18 months after October 24, 1992, the Secretary shall transmit a report to Congress containing a comparative assessment of alternative policy mechanisms for reducing the generation of greenhouse gases. Such assess- ment shall include a short-run and long-run analysis of the social, economic, energy, envi- ronmental, competitive, and agricultural costs and benefits, including costs and benefits for jobs and competition, and the practicality of each of the following policy mechanisms: (1) Various systems for controlling the gen- eration of greenhouse gases, including caps for the generation of greenhouse gases from major sources and emissions trading programs. (2) Federal standards for energy efficiency for major sources of greenhouse gases, includ- ing efficiency standards for power plants, in- dustrial processes, automobile fuel economy, appliances, and buildings, and for emissions of methane. (3) Various Federal and voluntary incentives programs. (Pub. L. 102–486, title XVI, § 1604, Oct. 24, 1992, 106 Stat. 3002.) § 13385. National inventory and voluntary report- ing of greenhouse gases (a) National inventory Not later than one year after October 24, 1992, the Secretary, through the Energy Information Administration, shall develop, based on data available to, and obtained by, the Energy Infor- mation Administration, an inventory of the na- tional aggregate emissions of each greenhouse gas for each calendar year of the baseline period of 1987 through 1990. The Administrator of the Energy Information Administration shall annu- ally update and analyze such inventory using available data. This subsection does not provide any new data collection authority. (b) Voluntary reporting (1) Issuance of guidelines Not later than 18 months after October 24, 1992, the Secretary shall, after opportunity for public comment, issue guidelines for the vol- untary collection and reporting of information on sources of greenhouse gases. Such guide- lines shall establish procedures for the accu- rate voluntary reporting of information on— (A) greenhouse gas emissions— (i) for the baseline period of 1987 through 1990; and (ii) for subsequent calendar years on an annual basis; (B) annual reductions of greenhouse gas emissions and carbon fixation achieved through any measures, including fuel switching, forest management practices, tree planting, use of renewable energy, man- ufacture or use of vehicles with reduced greenhouse gas emissions, appliance effi- ciency, energy efficiency, methane recovery, cogeneration, chlorofluorocarbon capture and replacement, and power plant heat rate improvement; (C) reductions in greenhouse gas emissions achieved as a result of— (i) voluntary reductions; (ii) plant or facility closings; and (iii) State or Federal requirements; and (D) an aggregate calculation of greenhouse gas emissions by each reporting entity. Such guidelines shall also establish procedures for taking into account the differential radi- ative activity and atmospheric lifetimes of each greenhouse gas. (2) Reporting procedures The Administrator of the Energy Informa- tion Administration shall develop forms for voluntary reporting under the guidelines es- tablished under paragraph (1), and shall make such forms available to entities wishing to re- port such information. Persons reporting under this subsection shall certify the accu- racy of the information reported. (3) Confidentiality Trade secret and commercial or financial in- formation that is privileged or confidential shall be protected as provided in section 552(b)(4) of title 5. (4) Establishment of data base Not later than 18 months after October 24, 1992, the Secretary, through the Administrator of the Energy Information Administration, shall establish a data base comprised of infor- mation voluntarily reported under this sub- section. Such information may be used by the reporting entity to demonstrate achieved re- ductions of greenhouse gases. (c) Consultation In carrying out this section, the Secretary shall consult, as appropriate, with the Adminis- trator of the Environmental Protection Agency. (Pub. L. 102–486, title XVI, § 1605, Oct. 24, 1992, 106 Stat. 3002.) § 13386. Export of domestic energy resource tech- nologies to developing countries The Secretary, through the Trade Promotion Coordinating Council, shall develop policies and programs to encourage the export and pro- motion of domestic energy resource tech- nologies, including renewable energy, energy ef-