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Global Warming Prevention Act of 1988
United States · United States Congress · 5 October 1988
Global Warming Prevention Act of 1988 - Establishes as national goals: (1) that the amount of carbon dioxide in the atmosphere be reduced from 1987 levels by at least 20 percent by the year 2005 through a mix of Federal and State energy policies; and (2) the establishment of an International Global Agreement on the Atmosphere by 1992. Requires the Secretary of Energy (the Secretary) and the Administrator of the Environmental Protection Agency to report to the Congress within two years regarding whether a higher level of carbon dioxide emissions reduction is desirable after 2005, together with any necessary policy actions and their costs and benefits. Title I: National Least-Cost Energy Plan - Requires the Secretary to prepare for the President, and transmit to the Congress, a new National Energy Least-Cost Policy Plan in lieu of other authorized national energy plans. Prescribes plan contents. Directs the Secretary to implement such plan immediately following its submission to the Congress. Outlines a program for public involvement in the formulation of the Plan. Directs the Secretary to establish an intervenor funding mechanism based upon certain State models. Grants the Secretary final discretion concerning the commitment of funds. Authorizes appropriations for FY 1990 through 1992. Requires the Secretary to submit a review of all government subsidies for energy-related expenditures to determine if they are consistent with the National Least-Cost Energy Plan. Amends the Department of Energy Organization Act to repeal the National Energy Policy Plan. Title II: Energy Efficiency - Directs the Secretary to grant the highest priority to energy efficiency improvements in: (1) energy-consuming devices; (2) federally owned and leased buildings and equipment; (3) federally assisted housing; and (4) the Federal vehicle fleet. Mandates that the President's budget request for FY 1990 through 1994 include the Secretary's recommendations regarding the increased efficiency of energy-consuming devices. Directs the Secretary to establish an Energy Research Advisory Board Panel on end-use energy technologies. Requires the Panel to submit an annual report to the Energy Research Advisory Board regarding its assessment of promising energy efficiency research and development opportunities and policies. Requires the Secretary to submit to the Congress: (1) a long-term research and development plan that accelerates by five years the current Department of Energy multiyear program goals for energy efficiency; and (2) an estimate of the funding increase needed to achieve such accelerated goals. Authorizes appropriations for FY 1990 through 1992. Directs the National Bureau of Standards to provide financial assistance, in consultation with the Department of Energy, to ten research centers to achieve multiple improvements in energy-intensive industrial and manufacturing processes. Sets forth an operations timetable for such centers. Authorizes appropriations for such centers for FY 1990 through 1992. Directs the Secretary to: (1) establish energy efficiency goals resulting in specified primary energy savings for federally owned or leased buildings, as well as federally assisted housing; and (2) include the use of renewable forms of energy within the energy efficiency options for such buildings. Authorizes appropriations for such program for FY 1990 through 1992. Directs the Secretary to establish a technical assistance program to support utilities and local and State governments in adopting building labeling and information programs. Requires the Secretary to report the results of such programs to the Congress. Authorizes appropriations for such program for FY 1990 through 1993. Mandates that certain institutions which offer federally assisted home mortgage loans integrate funding within such loans for cost-effective energy efficiency improvements based upon a home energy audit and rating scheme. Directs the Secretary to promulgate energy efficiency standards for incandescent and fluorescent lamps and windows. Requires the Secretary to: (1) implement a research, development and demonstration program on technologies to reduce chlorofluorocarbon use; (2) report to the Congress on the projected impact of certain chlorofluorocarbon production restrictions; (3) expand the Department of Energy's existing technology transfer initiative on least-cost electric utility planning; and (4) implement a least-cost gas utility initiative. Requires the Secretary of Transportation to: (1) establish an evaluation program regarding car-pooling arrangements and high-occupancy vehicle lanes; (2) report to the Congress on nonmotorized transportation alternatives, as well as a fuel-savings mass transportation assistance program for State and local governments. Requires such Secretary to report to the Congress on the use of Highway Trust Fund moneys for non-motorized transportation alternatives and for carbon-dioxide emissions reductions. Directs the Federal Energy Regulatory Commission to: (1) take certain prescribed actions to ensure the adoption of least-cost utility planning principles; and (2) detail for the Congress any amendments to the Federal Power Act which are necessary for the Commission to adopt such planning principles. Requires the Secretary of Energy to report to the Congress on the results of a national power survey emphasizing policies and technologies within the electric utility industry which are designed to diminish global warming. Amends the National Energy Conservation Policy Act to repeal the prohibition against the supply or installation by a public utility of a residential energy conservation measure for residential customers. Amends the Federal Power Act to add new definitions regarding "qualifying efficiency." Amends the Public Utility Regulatory Policies Act of 1978 to direct the Federal Energy Regulatory Commission (FERC) to prescribe within one year after the date of enactment of this Act rules encouraging the achievement of qualifying efficiency. Mandates that such rules: (1) require that electric utilities offer to purchase qualifying conservation from qualifying cogeneration or small power production facilities; and (2) provide for the verification of conservation achievement. Prescribes rate guidelines for such electric utilities purchases. Title III: State Energy Conservation Program - Amends the Energy Policy and Conservation Act to mandate that State energy conservation feasibility reports submitted to the Secretary include a reduction of ten percent or more in the total amount of energy consumed in such State in the year 2000 from the projected energy consumption for such State in the year 2000. Adds to Federal assistance eligibility prerequisites for proposed State energy conservation plans, including an emergency planning program for energy supply disruption. Cites optional State energy conservation programs. Repeals the mandate for supplemental State energy conservation plans. Repeals the National Energy Extension Service Act. Authorizes appropriations for energy conservation programs for FY 1990 through 1993. Establishes a State Energy Advisory Board to: (1) review and advise on the programs under this Act; (2) serve as liaison between the States and the Department of Energy on energy efficiency; and (3) report at least annually to the Secretary and the Congress on the status of State energy conservation programs. Authorizes the use of loan programs and performance contracting for the non-Federal share of energy conservation project costs under the grant program. Amends the Energy Conservation and Production Act regarding limitations upon Federal weatherization assistance for low income persons to provide that: (1) at least 80 percent of the administrative costs incurred shall be available to subgrantees performing program measures; and (2) subgrantees with small programs shall have adequate administrative funding. Cites conditions under which the Secretary is authorized to approve a State application for a waiver of: (1) the requirement that at least 40 percent of Federal weatherization assistance be used for weatherization materials; and (2) the limitations placed upon expenditures per dwelling unit for weatherization measures. Authorizes appropriations for FY 1991 through 1992 for a weatherization research and technical assistance program which shall include the monitoring of indoor air quality in low-income homes. Title IV: Vehicle Energy Efficiency Performance Standards Act of 1988 - Amends the Motor Vehicle Information and Cost Savings Act to increase the average fuel economy standards for passenger automobiles and light duty trucks for model year 1992 and thereafter according to prescribed guidelines. Exempts manufacturers of fewer than 10,000 light trucks and emergency vehicles from such prescribed standards. Establishes an incentives schedule for manufacturers of passenger automobiles and light trucks. Authorizes the Secretary of Transportation to assess a tax against any manufacturer who fails to comply with the prescribed average fuel economy standards. Sets forth procedural guidelines for the imposition of such tax. States that the current civil penalty shall not apply to any model year for a passenger automobile or light truck after model year 1989. Prescribes a fleet average fuel economy schedule for all Federal passenger automobiles and light trucks for model years 1992 and thereafter. Amends the Information and Cost Savings Act to require the Administrator of the Environmental Protection Agency to consult with the Secretary of Energy before establishing testing and calculation procedures for measuring automobile fuel economy. Authorizes (currently, directs) the Administrator to require fuel economy tests in conjunction with emissions tests conducted under the Clean Air Act. Directs the Administrator to measure a sampling of production passenger automobiles for each model type and year during the first month of manufacture for sale. Requires the adjustment of average fuel economy standards when necessary. Requires manufacturers to reflect any changes in such standards on automobile labels affixed more than 90 days after such changes are available. Requires that Federal testing and calculation procedures be repeated over a period of years to monitor automobile performance in use to determine the extent of decline in fuel economy. Directs the Administrator to periodically review procedures for testing fuel economy. Directs the Administrator to update the booklet containing fuel economy data at least twice a year. Directs the Secretary of Energy to distribute at least 100 booklets each year to each dealer and additional numbers if requested. Cites conditions under which manufacturers of light vehicles with certain increased fuel economies shall be considered to have offered the Government a specified discounted bid. Directs the Secretary, within two years of enactment of this Act, to submit suggestions to the Congress for additional legislation to carry out its purposes and the purposes of the Motor Vehicle Information and Cost Savings Act. Directs the National Academy of Sciences to report to the Congress on the results of its review of the research and development status of the fuel efficiency and energy consumption reduction of light vehicles, trucks, and passenger vehicles. Directs the Secretary of Energy to make changes in the Department of Energy's transportation research and development program based upon such report. Outlines criteria and procedures for amended vehicle fuel economy standards. Amends the Internal Revenue Code to prescribe a gas guzzler tax schedule applicable to 1989 and later model year automobiles. Sets forth a tax credit schedule for the purchase of certain fuel efficient passenger vehicles. Title V: Solar and Renewable Resources - Requires the Secretary of Energy to report to the Congress regarding a long-term research, development and demonstration program with policy options necessary to achieve a quadrupling of renewable energy production and use by 2015. Requires the Secretary of Energy to work closely with specified Federal departments regarding the Federal Government's biofuels program, and to report to the Congress on the progress being made in the development of solar and renewable resources. Mandates that the President's budget requests for FY 1990 - FY 1993 include the Secretary of Energy's recommendations for civilian research and development budgets necessary to implement such long-term program. Directs the Secretary to establish an Energy Research Advisory Board Panel on Solar and Renewable Resources and Technologies which shall report annually to the Energy Research Advisory Board regarding the status of the solar and renewable resources program. Authorizes appropriations for FY 1990 through FY 1993 for such program. Mandates that the President's budget request for FY 1990 include the Secretary's recommendations for proof-of-concept or near-commercialization demonstration projects in specified categories. Directs the Secretary to: (1) establish and provide financial assistance to a joint research and development venture to develop advanced district cooling technologies applicable in cities with high cooling loads; and (2) appoint members to an Advisory Committee on Advanced District Cooling Technology to assist in the implementation of such joint venture. Authorizes appropriations for such venture. Directs the Secretary of Energy to implement a research program regarding: (1) fuel cell use of methane gas generated from biomass forms; (2) technologies using renewable energy sources (such as wind and solar energy) to produce hydrogen for fuel cell use; and (3) fuel cell technology for electric power production as backup spinning reserve components to renewable power systems in rural and isolated areas. Authorizes the Secretary to make grants to, and enter into contracts with, private research laboratories. Requires the Secretary to report to the Congress regarding the fuel cell research program. Directs the Secretary to appoint members to an Advisory Committee on Energy Conservation and Renewable Energy Technology Exports to assist in the implementation of such program. Authorizes appropriations for FY 1990 through 1992. Directs the Administrator of the Environmental Protection Agency to prepare Federal guidelines for use by cities and municipalities, specifying environmental and safety standards for the use of fuel cell technology. Requires the Secretary of Commerce to report to the Congress regarding the export market potential for integrated fuel cells systems with renewable power technologies. Requires such Secretary to report to the Congress on the activities of the Committee on Renewable Energy, Commerce, and Trade to promote exports of renewable energy technology. Requires each participating member of such Committee to report annually to the Congress on the Committee actions regarding renewable energy technology exports. Requires the Committee to establish a joint government-industry plan to promote the U.S. market share in international trade in renewable energy technologies, including the development of administrative guidelines for Federal export loan programs. Authorizes appropriations for FY 1990 through 1992. Title VI: Solar Hydrogen Fuels - Directs the Secretary of Energy to prepare and submit to specified congressional committees a comprehensive five-year program management plan for a research and development program designed to permit the development of a domestic hydrogen fuel production capability within the shortest practicable time. Requires the Secretary to send the Congress annual plan descriptions including any necessary plan modifications. Directs the Secretary to establish such program within the Department of Energy. Requires that the areas to be addressed in such program include production, liquefaction, transmission, distribution, storage, and utilization. Requires priority to be given to production techniques that use renewable energy sources as their primary energy sources. Directs the Secretary to conduct demonstrations to evaluate technical and nontechnical parameters to determine commercial applicability of hydrogen technology and to prepare a comprehensive large-scale hydrogen technology demonstration plan. Requires the Secretary to consult with other Federal agencies and departments in carrying out this program. Requires the establishment of a Hydrogen Technical Advisory Panel of the Energy Research Advisory Board to advise the Secretary on the conduct of the hydrogen program. Requires the Panel to submit an annual report on the program to the Energy Research Advisory Board which shall subsequently report to the Secretary. Authorizes appropriations to carry out this title for FY 1990 through 1994. Directs the Administrator of the National Aeronautics and Space Administration (NASA) to prepare and submit to specified congressional committees on a comprehensive five-year program management plan for a research and development program for the development of a domestic hydrogen-fueled aircraft capability within the shortest practicable time. Requires the Administrator to transmit to Congress an annual plan description including any necessary modifications with respect to the plan. Requires the Administrator to establish such program within NASA and to prepare and transmit to the Congress a comprehensive flight demonstration plan which shall confirm the technical feasibility, economic viability, and safety of liquid hydrogen as a fuel for commercial transport aircraft. Provides that the research and development program under this title shall include, at a minimum, the development of the systems associated with the production, transportation, storage, and handling of liquid hydrogen for commercial aircraft application. Provides that the Administrator shall consult with other Federal agencies and departments in carrying out the program. Establishes a Hydrogen-Fueled Aircraft Advisory Committee to advise the Administrator on the programs established by this title. Requires the Committee to report annually to the Administrator on its activities and on the status of such programs. Authorizes appropriations to carry out this title for FY 1990 through 1994. Title VII: Natural Gas and Coal - Part A: Natural Gas - Directs the Secretary of Energy to enter into cooperative agreements with and provide financial assistance to appropriate parties to construct and demonstrate the commercial operation of intercooled steam-injected gas turbines for generating electricity. Authorizes appropriations for FY 1990 through 1993. Requires the Secretary to report to the Congress on the implementation of this program. Directs the Secretary to enter into cooperative agreements with and to provide financial assistance to municipal governments to demonstrate the feasibility of using natural gas as a fuel for urban area mass transit. Sets as a prerequisite to such agreements that the participating municipal government provide at least 25 percent of the demonstration costs. Authorizes appropriations for FY 1990 through 1992. Requires the Secretary to submit a feasibility report to the Congress within nine months after the date of enactment of this Act pertaining to the use of natural gas in diesel-powered vehicles to facilitate compliance with emissions requirements. Part B: Coal - Requires the Secretary, within nine months after the date of enactment of this Act, to provide the Congress with a comprehensive review of clean coal technologies to be developed in federally-funded projects under the Department of Energy's clean coal technology program. Directs the Secretary to establish and implement research and development technologies for preventing, reducing, recycling, recovering, or offsetting carbon-dioxide emissions from combusted coal. Requires the Secretary to report to the Congress on the implementation of such technologies. Authorizes appropriations for FY 1990 through 1992. Title VIII: Forest and Agriculture Policies - Part A: Forest Policies - Directs the Secretary of Agriculture, in cooperation with the Secretary of the Interior, to report to the President and the Congress on the feasibility of a national forestation initiative. Requires the Secretary of Agriculture to submit an analysis to the President and the Congress of the potential for reducing carbon emissions by undertaking targeted urban tree plantings to reduce air conditioning needs and mitigate the "heat island effect" in cities. Part B: Agricultural Policies - Mandates that specified Federal agencies conduct a joint study on critical linkages between agricultural production and global climate change. Cites study contents. Directs specified Federal agencies to establish an interagency task force to ensure that all satellite and remote sensing information pertinent to agricultural needs and climate modeling are made available to the Department of Agriculture. Directs the Secretary of Agriculture to use the "Low-Input Farming Systems Research and Education Program." Authorizes appropriations for FY 1990 through 1994. Part C: Integrated Farming Policies - Directs the Secretary of Agriculture to consult with the agriculture community and sustainable agriculture advocates for the purpose of developing an integrated farming research, development, and demonstration program. Authorizes appropriations for FY 1990 through 1992. Directs the Secretary of Energy to establish a national farm ethanol program. Authorizes appropriations for FY 1990 through 1992. Title IX: Development Assistance - Directs the Secretary of State, in conjunction with the Administrator of the Agency for International Development and other specified officials, to report to the Congress on the status of forest resources in tropical countries, including a forest and agroforestry plan with goals for each tropical country. Requires: (1) the Administrator to ensure that all activities supported by U.S. bilateral foreign assistance are consistent with such plan; and (2) the Administrator take into account each country's measure of success in meeting plan goals when allocating development assistance monies. Prescribes guidelines under which the Secretaries of State and of the Treasury are directed to promote multilateral tropical forestry programs, and to report to the Congress regarding the progress made by each of the multilateral development banks, the United Nations Food and Agriculture Program, the United Nations Development Program, and the International Tropical Timber Organization. Directs the Secretary of Commerce to promulgate regulations within one year after the date of enactment of this Act requiring wood and projects containing imported wood to bear a label disclosing the names of such wood and the countries of origin. Requires such Secretary to promulgate regulations prohibiting the importation of wood and wood products containing wood from: (1) tropical forest countries that have not achieved the forest plan goals; (2) countries that import wood or products containing wood harvested in tropical countries that have not achieved forest plan goals; and (3) countries that permit transit of wood or products containing wood harvested in tropical countries that have not achieved forest plan goals. Requires the Secretary to report annually to the Congress on the status of import controls with respect to tropical forest countries that have not achieved the forest plan goals. Amends the Foreign Assistance Act of 1961 to authorize the President to assist developing countries with research and development programs aimed at energy efficiency and energy transmission facilities. Prohibits assistance for large-scale production of energy. Prescribes guidelines under which the President is directed to provide support to aid-receiving countries with emphasis upon least-cost energy planning. Requires the President to report annually to the Congress regarding the bilateral energy program, including the progress made in reducing greenhouse gas emission. Directs the Secretary of the Treasury to instruct the U.S. Executive Director of each multilateral development bank to: (1) vigorously promote the adoption by each bank of a least-cost energy planning program containing specified components; and (2) oppose, except in certain instances, financial or technical assistance to any borrowing country if a least-cost energy plan is not in place. Directs the Secretary of State to instruct the Ambassador to the United Nations to: (1) vigorously encourage the United Nations Development Program implementing energy conservation and efficiency programs for recipient countries; and (2) oppose the adoption of country programs for any country for which a least-cost energy planning program giving priority to energy conservation, end use energy efficiency, and renewable energy sources is not in place. Requires the Secretary of the Treasury and the Secretary of State to report annually to the Congress regarding the progress of the multilateral development banks and the United Nations Development Program in implementing energy conservation measures. Declares that it is the policy of the United States that its economic assistance programs to developing countries should encourage least-cost, sustainable transportation policies and practices based on a diverse mix of motorized and nonmotorized transport modes which minimize fuel needs and reduce carbon-dioxide emissions. Directs the Administrator of the Agency for International Development to: (1) implement a study of the Agency's transportation-related programs and of the multilateral development bank policies regarding their transportation-related lending practices to recipient countries; and (2) redirect part of the Agency's resources to providing nonmotorized low-cost vehicles that can be sustained in the long term. Directs the Secretary of the Treasury to instruct the U.S. Executive Director to each multilateral development bank to increase the emphasis on nonmotorized, low-cost and energy efficient alternatives to private motor vehicles. Directs the Peace Corps to encourage the use of nonmotorized transport technologies in the projects it undertakes. Specifies non-motorized transportation policies to be promoted by the U.S. Government in implementing its development assistance programs. Authorizes the Secretary of the Treasury to modify the loan terms on up to one-half of the sovereign debt owed the United States by developing countries as a condition of adopting forest and energy conservation programs. Directs the Secretary to promulgate regulations implementing such environmental conservation and debt reduction program within one year after the enactment of this Act. Directs the Secretary to encourage the adoption of joint initiatives of debt reduction and conversion by the public and private sectors in member countries of the Organization for Economic Cooperation and Development. Directs the Administrator of the Agency for International Development to report biennially to the Congress regarding the status of energy conservation and efficiency for each country receiving Federal development assistance monies. Requires the Administrator of the Agency for International Development to report to the Congress regarding the options and strategies for the use of bilateral and multilateral development assistance programs sponsored by the United States to control emissions of certain greenhouse gases into the atmosphere. Title X: International Activities - Directs the Secretary of State to convene an international meeting in the United States by the end of 1992 to adopt a global climate protection agreement with measures at least as stringent as those in this Act. Sets forth a percentage reductions schedule for emissions of specified gases. Directs the Secretary of State to: (1) initiate negotiations for the adoption of a binding multilateral agreement requiring specified reductions of nitrogen oxide emissions by 1998; (2) request and, if necessary, convene the parties to the Montreal protocol on substances that deplete the ozone layer for possible control measures reassessment; and (3) convene an international meeting to exchange information regarding energy efficiency and solar/renewable energy resources that are environmentally sustainable. Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of multilateral development banks to promote lending policies which emphasize specified aspects of energy conservation, renewable energy source, greenhouse gas emissions, and least-cost non-motorized transportation systems. Directs the Administrator of the Agency for International Development to take specified measures concerning: (1) biological diversity conservation; (2) renewable energy resources and conservation; and (3) assistance to developing countries in the use of agricultural and industrial chemicals. Declares U.S. policy with respect to domestic and international efforts to deal with the greenhouse effect. Requests the President to take steps to establish a long-term study of the greenhouse effect, beginning with a one-year cooperative international research program started during or before 1991. Names the year of such program the "International Year of the Greenhouse Effect." Title XI: World Population Growth -Declares it is the policy of the United States that family planning services should be made available to all persons requesting them. Authorizes appropriations for FY 1990 through 1994 for international population and family planning assistance. Prohibits the use of such funds for: (1) involuntary sterilization or abortion; or (2) the coercion of any person to accept family planning services. Requests the President to initiate an international conference on population, and to seek an international agreement on population growth. Establishes a National Commission on Population, Environment, and Natural Resources to prepare reports and convene conferences. Terminates such Commission three years after the enactment of this Act. Authorizes appropriations for FY 1990 through 1992. Title XII: Recyclable Materials - Directs the Secretary of Commerce and the Secretary of Health and Human Services to report to the Congress the results of a study regarding degradable materials and recycling methodologies. Requires the Secretary of Defense to report to the Congress the results of a study regarding the national security implications of requiring the use of degradable materials in items procured by the Department of Defense, and of requiring the Department to comply with specified prohibitions against the use of nondegradable materials. Requires the Administrator of the Environmental Protection Agency biennially to submit an updated report to the President and the Congress regarding Federal, State, and local policies and practices in recycling government wastes and procuring recyclable materials. Directs the Secretary of Agriculture to report to the Congress the results of a pilot project to develop and demonstrate a viable technology for composting municipal waste and sewage sludge. Directs the Secretary of Commerce to appoint a Director of Recycling Research and Information to: (1) make grants for recycling research and development; (2) establish a national database information clearinghouse for recyclable materials; (3) report annually to the Congress regarding the status of recyclable wastes; and (4) make grants for scientific research on the use of plastic materials as part of a recycling program. Authorizes appropriations for FY 1990. Sets forth civil and criminal penalties for offenses involving the production, manufacturing, distribution or selling of specified nonrecycled consumer goods which have been proscribed by the Secretary of Commerce under regulations jointly issued with the Administrator of the Environmental Protection Agency. Requires the Secretary of Commerce periodically to update the list of proscribed nonrecycled consumer goods.