Updated Info and Messaging on Regulatory Provisions in HR763

Originally posted on old Community by: Tony Sirna. Links may no longer be active

Hi Folks, After getting some new information about the current state of climate regulations under the Clean Air Act we have updated some of our info about the regulatory provisions of our bill. On the Energy Innovation Act - How it Works page it now says:

Regulatory Adjustment This policy preserves effective current regulations, like auto mileage standards, but pauses the EPA authority to regulate the CO2 and equivalent emissions covered by the fee, for the first 10 years after the policy is enacted. If emission targets are not being met after 10 years, Congress gives clear direction to the EPA to regulate those emissions to meet those targets. The pause does not impact EPA regulations related to water quality, air quality, health or other issues. This policy’s price on pollution will lower carbon emissions far more than existing and pending EPA regulations. You'll find identical language on the Citizens' Climate Lobby site and the bill Fact Sheet. We've provided even more details in the bill Energy Innovation Act Q&A question 2.10. The main change is that we incorrectly thought that there were no regulations currently in place on greenhouse gases (GHG) under the Clean Air Act. We thought the Corporate Average Fuel Economy (CAFE) standards on vehicles were based only on fuel economy via the National Highway Traffic Safety Administration (NHTSA) and that the the Clean Power Plan (CPP) was not in force (nor is its replacement). It turns out that the CAFE standards are a joint regulation from the NHTSA and the EPA (which covers them for GHG). Plus there is another set of GHG regulations related to permitting rules for new industrial plants and for major plant modifications referred to as ‘New Source Performance Standards’ (NSPS).  So we had to update our materials reflect this new information. See the Energy Innovation Act Q&A for more info. We apologize for any confusion and misinformation. Please consider reprinting Fact Sheets and updating other documents as needed. If you have questions please ask them here and we will do our best to answer them. Thanks, Tony

20 Replies
Theresa Quain
1265 Posts
I would like to request that when a document is updated, the date of the revision is clearly included in the name of the document. I could then check these docs before a presentation or a large print run to see if I have the latest version, which might prevent future errors.  Thanks for all your hard work on this complex endeavor.

Originally posted on old Community by: Tony Sirna. Links may no longer be active

So just to clarify: Would the CAFE standards still be in effect or not? If they would still be in effect, would this bill change how stringent they could become?
Brett Cease
3862 Posts

Originally posted on old Community. Links may no longer be active.

Thank you Terry for your request for versioning updates moving forward - know that while we won't be able to include the date in the name of the document we are looking into other options for indicating revision dates to help with tracking changes. Thank you Cathy for asking for more clarity behind the legislation's interaction with CAFE standards.  Let us know if this additional information from the Energy Innovation Act Q&A speaks to your question:
This bill explicitly preserves the limits on greenhouse gas emissions from vehicles that are part of the Corporate Average Fuel Economy (CAFE) Standards, including California’s waiver to apply more stringent emission standards.  This policy would not touch regulations affecting pollutants like NOx, sulfur, ozone, particulates, and mercury; CAFE mileage standards for cars and trucks; GHG authority over non-road vehicles and aircra; and the methane abatement program that applies to the oil and gas industry. Additionally, states would retain authority to pass GHG regulations within their borders
Daniela Brod
217 Posts
I heard there was a CCL University training offered on the regulatory component of the bill...and that there is a recording now. Where can I find this recording of this past CCLU on the regulatory adjustment?
 
Brett Cease
3862 Posts
Thanks Daniela Brod‍ for this excellent question.

There's a couple of ways we're trying to make sure that training opportunities can be found afterwards if folks can't make the event live.

Feel free to try out any of the three listed here and let us know any questions: 

1. The Training Topics homepage features a "Recent Trainings" block here that lists the two most recent weeks trainings and is kept up to date.
2. You can always use the General Search feature with keywords - i.e. here's the results from "regulations" including Ross Astoria's training you're referencing:
https://community.citizensclimate.org/resources/item/19/261
3. You can also search the Events calendar for recent webinars listed from both CCL national trainings as well as action team meetings, etc. The events that we host for CCL trainings will have the link to the updated recording posted in the description and comments field like the Greenhouse Gas Regulation training you're referring to.
4. Feel free to browse the trainings as well.  This one focused on exploring carbon fee and dividend type policies so it was housed in the Understanding Carbon Fee & Dividend topic category.

I would like to see an infographic demonstrating exactly how small this regulatory carve-out is.  It's hard to state it orally in a way that people can easily wrap their minds around.  A picture would help.

And, include the  increased ramping of price starting in 5? years if targets aren't met, and that not only does the bill restore EPA authority after 10 years, it MANDATES that the EPA act to achieve the cumulative required reductions:
 "

and

‘‘(B) the Administrator shall—
‘‘(i) issue such regulations as the Ad-

ministrator deems necessary to bring greenhouse gas emissions from covered fuels subject to taxation under section 9902 of the Internal Revenue Code of 1986 to levels that are at or below the emission reductions targets in section 9903(a)(2) of such Code; and

‘‘(ii) require in such regulations that additional reductions in greenhouse gas emissions are achieved to fully compensate for any amount by which greenhouse gas emissions from covered fuels subject to taxation under section 9902 of such Code have exceeded the targets in section 9903(a)(2) of such Code.

Hi Barbara, 

Thanks for posting this! We really appreciate your feedback! I've passed on your request to the Design Team we'll keep the thread posted when we know more about what's possible.

Thanks so much!

Adeline
I would appreciate a brief official response asap that can be posted on the listserve of the CA Sierra Club Energy and Climate Committee members. Previous Sierra Club supporters of CCL's policy as of today are voicing strong opposition to this provision now that they see that increasing numbers of Democrats are supporting it and they fear it could actually pass. They are planning to lobby my Rep Carbajal and visit Rep Barbara Lee to say they want them to rescind their support. A graphic would help, but I would like to be able to post an official CCL response that might help Sierra Club members understand why they do not need to actively lobby against HB763. 
I trust you received my email to you about this I sent you several days ago with my response and Powerpoint I sent. I haven't gotten an email from you so I wanted to check.
No I didn't. Please send to this email. jdietrick9@gmail.com

I'm struggling with the new community. My computer automatically goes to the old one. I have to sneak up on the forum link to get into the new one.
Email would be great for now.

Jan Dietrick
Ventura, CA 93001
805-746-5365 cell
Daniela Brod
217 Posts
Thank you Brett Cease‍ . That was helpful. I would like to also "ditto" the request for an infographic for the regulatory pause piece. I think tweaking regulations is such a historically hot button issue that a visual that shows what's really going on would be helpful to "Grounding" some folks who are used to seeing regs as something never to compromise on.
Will there be (or has there been) an info-graphic produced for this issue?

Thank you.
I continue to agree that it would be very very helpful and have not learned that anything like that is forthcoming.
Brett Cease
3862 Posts
Thanks Zaurie Zimmerman‍ and Jan Dietrick‍ - I know that the Marketing/Design team has been working on this request from the field and don't have an update on its timeline after the conference, but will be sure to raise your requests the next time I check in with them on emerging designed resources that Community can offer.
Thanks, Brett, it is the stated issue holding back Rep Brownley from cosponsoring which is maybe significant since she is a member of the Climate Solutions Committee. If we can put an infographic into an article and educate more of her constituents in a simple way that the provisions will be very unlikely to affect the effectiveness of the policy, they'll have more confidence to explain it to their Member of Congress.
jan
Brett Cease
3862 Posts
Thanks Jan for the additional context and highlighting its utility for many offices - I'll be sure to pass on information as soon as I know more!
Daniela Brod
217 Posts
I Ditto the request for an infographic that boils down the key points of the Regulatory Adjustment speaking points. I propose, too, that we add something in the discussion about the CLC (Climate Leadership Council) in this context since I have seen National CCL staff contextualize HB763 Regulatory Adjustment as "a lesser regulatory adjustment" or something like that compared to the CLC proposal. Can someone please explain how our two Regulatory pieces differ? I think it is important that our volunteers know the difference because our bill is getting confused with their proposal and, with theirs including a more aggressive Regulatory Pause, our bill can be seen as more reasonable and supportable. Thank you in advance.
David Kline
334 Posts
Let me make sure I have this right:

In this thread, Tony said "It turns out that the CAFE standards are a joint regulation from the NHTSA and the EPA (which covers them for GHG)."
In the FAQs that the thread refers to it says this:
"This bill explicitly preserves  federal authority over greenhouse gas emissions from vehicles that are part of the Corporate Average Fuel Economy (CAFE) Standards, including California’s waiver to apply more stringent emission standards."

I assume that what's in the FAQs is the current understanding, even though Tony implied that the CAFE standards might be affected.

Do I have that right?

 
Brett Cease
3862 Posts
Thanks Daniela Brod‍ for adding your name to the request list for an infographic on HR 763's regulatory adjustment elements and David Kline‍ for your clarifying question. 

I'm copying Tony Sirna‍ and Rick Knight‍ to make sure that one of them can address your important distinction!
Tony Sirna
783 Posts
Hi David,

The EPA authority in regards to CAFE standards are explicitly preserved in the bill. 

What needed to be corrected was our top level description that erroneously said that there were no existing policies in effect based on GHG emissions, when in fact the CAFE standards are a joint standard of the EPA (based on GHG) and NHTSA (based on fuel economy). So we were wrong to say nothing is currently in place. We were correct to say that the EPA's powers related to the CAFE standards are explicitly preserved in the bill.

Tony
 

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