Overview

Title

To cap the emissions of greenhouse gases through a requirement to purchase carbon permits, to distribute the proceeds of such purchases to eligible individuals, and for other purposes.

ELI5 AI

The Healthy Climate and Family Security Act of 2024 is like a game where companies have to buy "pollution tickets" if they want to release gases that make our Earth hotter, and then that money gets shared with people as a reward to help them. The idea is to make everyone try to pollute less so that our planet stays nice and healthy for us all to live on.

Summary AI

H.R. 10418, known as the "Healthy Climate and Family Security Act of 2024," aims to reduce greenhouse gas emissions by requiring companies to purchase carbon permits and distribute the proceeds to the public as "Healthy Climate Dividends." The bill sets specific targets to cut carbon emissions by up to 90% by 2050, establishes a system for auctioning carbon permits, and ensures environmental justice by focusing on communities most affected by pollution. Additionally, it includes provisions for border adjustments to maintain fair competition for U.S. industries and a framework for regulating other greenhouse gases.

Published

2024-12-16
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-12-16
Package ID: BILLS-118hr10418ih

Bill Statistics

Size

Sections:
21
Words:
6,033
Pages:
29
Sentences:
182

Language

Nouns: 1,856
Verbs: 441
Adjectives: 380
Adverbs: 59
Numbers: 220
Entities: 371

Complexity

Average Token Length:
4.32
Average Sentence Length:
33.15
Token Entropy:
5.53
Readability (ARI):
18.99

AnalysisAI

The bill under consideration, titled the "Healthy Climate and Family Security Act of 2024," is a comprehensive proposal aimed at capping greenhouse gas emissions through a market-driven approach. It mandates that certain businesses purchase carbon permits corresponding to their emissions, with the intention of gradually reducing permissible emissions over time. The proceeds from these permits would be redistributed to the U.S. public as "Healthy Climate Dividends." By establishing a framework for auctioning carbon permits and implementing a system of penalties for non-compliance, the bill aspires to foster a cleaner environment while equitably supporting all citizens financially.

General Summary of the Bill

At its core, the bill implements a cap-and-trade scheme whereby businesses involved in producing or importing fossil fuels must buy carbon permits. These permits limit how much carbon they are allowed to emit, and the total number of permits available will decrease over time, encouraging reductions in greenhouse gas emissions. The revenue generated from selling these permits is designated for redistribution to the public as a form of universal dividend. The bill also addresses border adjustments to ensure that U.S. businesses remain competitive internationally, and it stipulates additional measures to ensure that emissions reductions benefit communities disproportionately affected by pollution.

Summary of Significant Issues

One notable issue is the ambiguity in defining key terms such as "covered entities" and "carbon-intensive goods." Such terms are crucial for identifying who must comply with the law or pay border fees on imported goods, and confusion here could lead to inconsistent enforcement. Moreover, the determination of "fair market value" for carbon permits is potentially volatile, impacting both penalties for non-compliance and the revenue available for dividends.

The administrative and financial responsibilities for implementing the bill are not fully detailed, leaving questions about oversight and cost management. Additionally, the electronic payment system for distributing dividends requires that all eligible individuals have access, which may not be feasible for certain populations, leading to inequalities in distribution.

Public Impact

Broadly, the bill could lead to reduced greenhouse gas emissions nationwide, contributing to global climate stabilization efforts. It offers potential economic benefits to citizens through dividend payments, possibly alleviating some financial burdens. However, the effectiveness of this bill largely depends on the state's infrastructure to manage and enforce the complex mechanisms described.

Stakeholder Impact

General Public: The dividends distributed from the carbon permits could serve as financial relief, particularly benefiting lower-income households. However, if the bill's administrative costs are significant, the dividends might not reach levels anticipated by its supporters.

Businesses and Industries: Companies involved in fossil fuel production and importation might face increased operational costs due to the requirement to purchase carbon permits. These costs could pressure the industry to innovate toward cleaner technologies but might also be contested if perceived as overly punitive.

Frontline Communities: These communities, often suffering more from pollution, might witness improved air quality over time. However, the ambiguous criteria for what comprises "frontline communities" could entail uneven application of protections.

International Traders: The border adjustment measure, if not carefully managed, could lead to disputes with international trading partners. Businesses dependent on imports may face new challenges in assessing and mitigating these border fees.

In conclusion, while the "Healthy Climate and Family Security Act of 2024" aims to make significant strides in reducing emissions and promoting climate justice, its success will heavily rely on precise definitions, transparent administration, and comprehensive stakeholder engagement to address the stated ambiguities and potential implementation hurdles.

Financial Assessment

The Healthy Climate and Family Security Act of 2024 discusses financial mechanisms centered around the auctioning of carbon permits and the distribution of proceeds as dividends to the public. This approach is financially comprehensive and touches on several critical areas related to climate change and fiscal responsibility.

Financial Allocations and Appropriations

The bill proposes to establish a Healthy Climate Trust Fund where proceeds from the sale of carbon permits and penalties for non-compliance will be deposited. This fund is tasked with supporting Healthy Climate Dividend Payments to eligible individuals. The aim here is to recycle the generated funds back into the economy, theoretically offering financial relief while promoting environmental sustainability.

A notable financial specification within the bill is the starting minimum price set for carbon permits at $40 per ton of carbon dioxide. This price will increase by $10 annually, adjusted for inflation. This graduated pricing structure indicates a move towards gradually enhancing the financial disincentive for carbon emissions, pushing covered entities towards cleaner practices.

Relating Financial Aspects to Identified Issues

One issue highlighted is the ambiguity in defining 'covered entity' (SEC. 9901 and SEC. 9904), which could potentially lead to loopholes that affect the effectiveness of financial penalties and auction proceeds. Such loopholes might decrease the collection of expected funds, impacting the financial stability and efficacy of the Healthy Climate Trust Fund. Without precise definitions, the auction system and penalty enforcement could fall short of their financial and environmental objectives.

Additionally, the concept of "fair market value" that influences penalty calculations also faces scrutiny for its potential variability. Since penalties multiply the number of unsurrendered permits by three times their market value, any uncertainty in determining this value could lead to inconsistencies in financial enforcement (SEC. 9905). This has direct implications on the penalty funds channeled into the Healthy Climate Trust Fund and, subsequently, the dividend payouts.

The bill also faces challenges concerning administrative responsibilities and costs (SEC. 9911). Without explicit allocation of governmental responsibilities for the compliance and fund administration, there could be inefficiencies or mismanagement of the funds. Transparency in handling the Healthy Climate Trust Fund is critical to preventing misuse and ensuring that dividends are distributed fairly, yet this transparency could be lacking according to the issues noted.

Concerns with Fair Distribution

In terms of distribution, the bill assumes optimal electronic means for delivering dividends, which might not be accessible to all eligible individuals (SEC. 9912). This creates potential inequality in financial distribution, where some individuals could be systematically excluded due to a lack of access to electronic payment systems.

Lastly, the approach to setting specific emissions reduction targets and their financial implications are not fully elucidated, leaving questions on whether the financial framework around these targets is sufficiently robust to achieve the desired environmental outcomes (SEC. 9902).

Overall, while the bill ambitiously tackles the financial dimensions of carbon emissions control by introducing innovative economic measures, careful attention to these issues will be essential to ensure that financial resources are utilized effectively and equitably.

Issues

  • The definition of 'covered entity' in SEC. 9901 lacks clarity, especially concerning entities involved in crude oil, coal, and natural gas. This ambiguity could lead to varying interpretations and complicates enforcement. Its broad definition might create loopholes or misinterpretation, affecting the regulation's effectiveness. (SEC. 9901, SEC. 9904)

  • There is significant ambiguity in how the auction system's 'fair market value' is determined (SEC. 9901, SEC. 9905). The varying market conditions can alter this value, which affects the consistency and fairness of penalties and the financial stability of the Healthy Climate Trust Fund. (SEC. 9911, SEC. 9912)

  • The bill does not explicitly clarify which government entities will be responsible for implementing the measures for compliance, enforcement, or the administration of funds, potentially leading to accountability issues. (SEC. 9904, SEC. 9905, SEC. 9911)

  • The implementation and enforcement of the carbon permit system lack specific penalties for non-compliance, creating possible enforcement loopholes. Without clear repercussions, entities might neglect the surrender of carbon permits, undermining the bill's objectives. (SEC. 9904, SEC. 9905, SEC. 9902)

  • The potential international trade challenges or disputes related to the border adjustment mechanism due to its reliance on defining and taxing 'carbon-intensive goods' could place the U.S. in conflict with international partners. The lack of clear criteria for 'carbon-intensive goods' might lead to inconsistent application. (SEC. 9921, SEC. 9922)

  • The complexity and vagueness of definitions, such as 'frontline communities,' 'minority populations,' and 'low-income populations' in determining environmental justice measures may lead to subjective interpretations and inconsistent application of the bill's provisions. (SEC. 9908)

  • Assumptions around electronic payment access under the Healthy Climate Dividend Payments could exclude some eligible individuals who do not have such access, leading to inequitable distribution of dividends. (SEC. 9912)

  • The lack of transparency and detail regarding administrative costs and expenses, as well as the management of the Healthy Climate Trust Fund, might lead to inefficiencies and potential misuse of funds without proper oversight. (SEC. 9911)

  • The methodology for setting emission reduction targets does not outline why specific percentages were chosen, raising questions about the basis of these goals and whether they are sufficiently ambitious or achievable to meet climate objectives. (SEC. 9902)

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the Act specifies its official name, stating that it can be referred to as the "Healthy Climate and Family Security Act of 2024".

2. Findings Read Opens in new tab

Summary AI

The section highlights Congress's concerns about rising greenhouse gas emissions and their impact on climate change, noting the urgent need to limit global warming to 1.5 °C by reducing emissions. It emphasizes that efforts to stabilize the climate should promote economic growth, environmental justice, and transparency while prioritizing communities disproportionately affected by fossil fuel pollution.

3. Auction of carbon permits and distribution of Healthy Climate Dividends Read Opens in new tab

Summary AI

The text outlines a legislative proposal to amend the Internal Revenue Code to establish a system for auctioning carbon permits and distributing proceeds as Healthy Climate Dividends. It includes rules for defining key terms, setting emissions reduction targets, conducting auctions, ensuring compliance, and implementing environmental justice measures, as well as financial arrangements like the creation of a trust fund to manage revenues and payments.

Money References

  • “(b) Auction rules.—The Secretary shall— “(1) limit auction participation only to covered entities, “(2) establish a limit on the amount of carbon permits that can be purchased by a single entity at each auction and an aggregate limit on the total amount of permits that can be held by a single entity at any one time that— “(A) reflects anticipated sector and participant demand, “(B) prevents speculation, manipulation, or hoarding of permits, and “(C) does not interfere with normal market competition, and “(3) set a minimum permit price at the initial auction of $40 per ton of carbon dioxide that will be released when the covered fuel is burned, increase this minimum price by $10 in each successive year and adjust for inflation, and have the authority to set higher minimum permit prices.

9901. Definitions Read Opens in new tab

Summary AI

This section provides definitions for terms used in the bill, including what constitutes a covered entity or fuel, the role of the Administrator of the Environmental Protection Agency, and specifics about carbon permits and their vintage years. It also describes what is meant by fair market value, frontline communities, and co-pollutants related to air pollution, and clarifies what is included under the term "State."

9902. Carbon permits Read Opens in new tab

Summary AI

The section outlines a plan for the U.S. government to establish carbon permits each year from 2025, gradually reducing carbon emissions to specific targets over time. By 2050, these permits should help achieve a 90% reduction compared to 2015 levels, and the Secretary is tasked with providing periodic reports and recommendations to ensure these goals are met, while regulations will be set by 2025 to guide these efforts.

9903. Auctions Read Opens in new tab

Summary AI

The Secretary is required to hold regular public auctions for carbon permits, at least once every quarter, as per the rules established in section 9902(a). The auctions are limited to certain participants, with restrictions on the number of permits one entity can purchase, to prevent market manipulation. A starting price for permits is set, which increases annually, and any permit that is not sold at auction will expire.

Money References

  • The Secretary shall conduct at least 1 such auction in each calendar quarter of each year for which carbon permits are established, and shall distribute the available permits for each such year pro rata among the quarters of such year. (b) Auction rules.—The Secretary shall— (1) limit auction participation only to covered entities, (2) establish a limit on the amount of carbon permits that can be purchased by a single entity at each auction and an aggregate limit on the total amount of permits that can be held by a single entity at any one time that— (A) reflects anticipated sector and participant demand, (B) prevents speculation, manipulation, or hoarding of permits, and (C) does not interfere with normal market competition, and (3) set a minimum permit price at the initial auction of $40 per ton of carbon dioxide that will be released when the covered fuel is burned, increase this minimum price by $10 in each successive year and adjust for inflation, and have the authority to set higher minimum permit prices.

9904. Compliance obligation Read Opens in new tab

Summary AI

Each year, starting by April 1, 2025, companies that sell fuels in the U.S. must give the government enough carbon permits to cover the amount of carbon dioxide their fuels would release when burned. If a company uses the fuel it produces, it counts as if they sold it, and they must cover it with permits too.

9905. Penalty for noncompliance Read Opens in new tab

Summary AI

Any company that fails to submit the required carbon permits by the deadline must not only submit those permits later but also pay a penalty. This penalty is calculated by multiplying the number of missed permits by three times their market value. The penalty is due immediately, cannot reduce any other penalties for the same issue, and is not tax-deductible.

9906. Tracking Read Opens in new tab

Summary AI

The section outlines that the regulations for section 9902(e) must include a system for managing carbon permits, detailing how they are issued, recorded, held, and tracked. These regulations also require that information from this system be published online.

9907. Banking Read Opens in new tab

Summary AI

A carbon permit can be used to meet emissions requirements for its designated year, the previous year, or the following year, with at least 80% of used permits being from the designated year, unless stricter rules are introduced. The permit expires if it is surrendered, not used within 18 months after its designated year, or if the Secretary decides expiration is needed for integrity.

9908. Environmental justice Read Opens in new tab

Summary AI

The section outlines measures to ensure that reducing carbon emissions also decreases other harmful pollutants affecting frontline communities. It includes efforts for better air quality monitoring, a mandatory report to Congress, potential additional regulations if reductions aren't met, annual reviews for environmental justice, and necessary funding to support these actions.

9911. Healthy Climate Trust Fund Read Opens in new tab

Summary AI

The Healthy Climate Trust Fund is created within the U.S. Treasury to collect money from proceeds and penalties related to climate actions. The fund is used to cover administrative expenses and to make Healthy Climate Dividend Payments.

9912. Healthy Climate Dividend Payments Read Opens in new tab

Summary AI

The Healthy Climate Dividend Payments section outlines how the U.S. government will distribute payments from the Healthy Climate Trust Fund to eligible individuals every quarter. Individuals must have a valid social security number and be lawfully present in the U.S. to qualify, and they can opt out if desired. These payments are not considered taxable income, and the process will be regulated and facilitated primarily through electronic methods.

9913. Transparency Read Opens in new tab

Summary AI

The section requires the Secretary to send an annual report to Congress by June 30, starting in 2026, detailing how the money in the Healthy Climate Trust Fund was used in the prior year. Additionally, within 90 days of this law being enacted, the Secretary must create and maintain a website to give the public access to information about the fund's expenditures.

9921. Carbon equivalency fee Read Opens in new tab

Summary AI

The section outlines a carbon equivalency fee imposed on imported carbon-heavy goods to match costs faced by domestic producers due to carbon permit prices. It also includes payments to American exporters of such goods, aiming to equalize costs, and states that this will end if an international agreement or equivalent measures in export countries are established.

9922. Definitions Read Opens in new tab

Summary AI

The section defines key terms related to carbon emissions and production costs. A "carbon-intensive good" is either a primary product or a product made with primary products that are costly to produce due to carbon regulations. A "primary product" includes materials like iron, steel, cement, and pulp, as well as any product that leads to greenhouse gas emissions similar to these materials. An "equivalent measure" refers to any cost imposed on foreign manufacturers of carbon-intensive goods, similar to U.S. regulations, due to their greenhouse gas emissions.

9923. Sense of Congress Read Opens in new tab

Summary AI

Congress believes that the United States should actively participate in international efforts to create binding agreements for all major greenhouse gas-emitting countries to fairly contribute to reducing global emissions, aiming to stabilize the climate.

4. Non-auction greenhouse gases Read Opens in new tab

Summary AI

The text outlines the responsibilities of the Administrator of the Environmental Protection Agency (EPA) regarding non-auction greenhouse gases. It requires the EPA to list and regulate these gases, taking into account their impact on global warming and U.S. business competitiveness, with specific timelines for implementing regulations to reduce emissions by certain percentages within 10 years.

5. Disclosure of information Read Opens in new tab

Summary AI

The amendment to section 6103 of the Internal Revenue Code allows certain employees in the Department of the Treasury to access taxpayer identity information for the Healthy Climate Dividend Payments without a written request, but limits this access to necessary purposes. Additionally, the Commissioner of Social Security must share taxpayer identity information with the Treasury upon written request, ensuring the disclosed information is used solely for the purposes of carrying out section 9912.

6. Preservation of remedies Read Opens in new tab

Summary AI

The section states that the Act does not override or limit any existing State or Federal rights or remedies for civil relief or penalties for criminal actions. It also clarifies that claims related to fossil fuels and climate change, such as those involving deception, damage from fossil fuel use, and failure to prevent climate-related harm, are not restricted by this Act or the Clean Air Act.

7. Effective date Read Opens in new tab

Summary AI

The section states that any changes made by this Act will begin to apply from the day the Act is officially enacted.