Climate Change Legislative, Regulatory, and Economic Forces at Work - - PowerPoint PPT Presentation

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Climate Change Legislative, Regulatory, and Economic Forces at Work - - PowerPoint PPT Presentation

Climate Change Legislative, Regulatory, and Economic Forces at Work Emerging Issues: Climate Change Legislation AHC Group Corporate Affiliates Workshop January 28th Phoenix, AZ Louis E. Tosi Science Science (closed?) (re-opening?) U.S.


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SLIDE 1

Climate Change

Legislative, Regulatory, and Economic Forces at Work

Emerging Issues: Climate Change Legislation AHC Group Corporate Affiliates Workshop January 28th Phoenix, AZ

Louis E. Tosi

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SLIDE 2

Climate Change Action

Science (closed?) U.S. Supreme Court (endangerment finding) Senate and House Bills Copenhagen Public Opinion Science (re-opening?) Public Opinion (changing?) Economic and Physical Impacts New Political Balance

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SLIDE 3

The Climate Change Debate

Whether or not climate change due to

anthropogenic activity is a reality or is a debate for the scientific community

In contrast, climate change legislation

and policy is a reality that industry will need to address in the upcoming decades

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SLIDE 4

Overview – Competing Legal Drivers

Massachusetts v. EPA U.S. EPA “endangerment finding” Congressional legislation

Waxman-Markey GHG bill Kerry-Boxer GHG bill

International GHG accords Cost factors

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SLIDE 5

Massachusetts v. EPA (U.S. 2007)

Holding (5-4 decision): GHG could be

regulated under CAA 202(a)(1)

“any air pollution agent or combination of

such agents, including any physical, chemical … substance or matter which is emitted into or otherwise enters the ambient air”

Implications – Expand Clean Air Act

Title V and NSR Programs

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SLIDE 6

EPA Endangerment Finding

Final rule: December 15, 2009

Six GHG are air pollutants

Carbon dioxide Hydrofluorocarbons Methane

Perfluorocarbons

Nitrous oxide

Sulfur hexafluoride

Allows EPA to set emission standards for

GHG for new motor vehicles

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SLIDE 7

EPA Endangerment Finding

The next step to stationary sources?

CAA 108(a)(1): “[ T] he Administrator shall … revise

… air pollutant – … emissions of which … [ result] from mobile or stationary sources … ”

EPA could avoid a CAA 108 determination

for GHG if Congress adopts comprehensive climate change laws (the pressure on legislative action)

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SLIDE 8

GHG Legislation

Waxman-Markey Bill* (H.R.2454):

passed House June 26, 2009 by a vote of 219-212

First comprehensive legislation enacted to

limit the growth of GHG

Kerry-Boxer Bill (S.1733): Reported

by committee on Nov. 5, 2009

* More comprehensive than Kerry-Boxer Bill

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SLIDE 9

GHG Legislation

Renewable energy standard*

Large utilities must derive a percentage of

electricity from renewable energy

2012: 6% 2025: 25%

Renewable: Wind, biomass, solar,

geothermal, hydropower, landfill gas

Facilities will receive one energy credit for

each megawatt of renewable energy

Develop a strategy and regulations for the

sequestration of CO2

* Waxman-Markey Bill Only

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SLIDE 10

GHG Legislation

Regulations to reduce emissions of

covered sources to

97% of 2005 levels by 2012 80% of 2005 levels by 2020 58% of 2005 levels by 2030 17% of 2005 levels by 2050

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SLIDE 11

Net Emission Reductions Under Congress Cap-and-Trade Proposals

World Resources Institute.

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GHG Legislation

Allows allowance trading (no restrictions, foreign

allowances)

Unlimited banking of allowances May borrow a percentage of future allowances Strategic reserve allows government to withhold

  • f allowances and auction them off quarterly

No state action; no regulation under Title V, NSR

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SLIDE 13

Aim of legislation is to reduce average

5.5 tons of carbon per person to 0.63 tons per person

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What Would It Take to Achieve these Reductions by 2050?

To achieve these reductions, the U.S. would

have to:

Add 30,000 megawatts of new wind turbines every

year

Add 35,000 megawatts of solar photovotaic

capacity every year

Multiply the nuclear reactor fleet by fivefold Retrofit all existing coal-fired power plants with

carbon capture and storage technology

Build twice as many new plants with carbon

capture and storage technology

Substitute natural gas for coal Require 2/ 3 of cars and trucks to be electricity

powered and 1/ 3 run on advanced biofuels

R.K. Lester (Dec. 2009). The High Cost of Copenhagen.

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SLIDE 15

The Copenhagen Accord - Toothful or Toothless?

Developed countries agree to provide

quantified emission targets for 2020 by January 31, 2010

Developing countries agree to provide

voluntary mitigation actions by January 31, 2010 – No cap

Developed countries agree to create a fund

  • f 100 billion dollars a year by 2020 to

address needs of developing countries

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SLIDE 16

China – Reduce Rate of Growth of Emissions

China’s approach:

Economy-wide energy efficiency targets that mandate a

reduction in energy intensity

Renewable energy law mandates 16% of energy from

wind, biomass, solar, and hydro-power energy by 2020

Promotes nuclear power Improve power sector energy efficiency National building codes Appliance efficiency standards Fuel economy standards and motor vehicle taxes Close inefficient industrial facilities

China’s Greenhouse Gas Emissions and Mitigation Policies.

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Top Ten CO2 Emitting States

1 0 0 2 0 0 3 0 0 4 0 0 5 0 0 6 0 0 7 0 0 T e x a s C a l i f

  • r

n i a P e n n s y l v a n i a O h i

  • F

l

  • r

i d a I n d i a n a I l l i n

  • i

s N e w Y

  • r

k M i c h i g a n L

  • u

i s i a n a

Million Metric Tons CO2

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SLIDE 18

GHG Legislation Impact on the U.S. GDP

Congressional Budget Office (Nov. 2009), The Cost of Reducing Greenhouse-Gas Emissions.

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Conclusions

Massachusetts v. EPA opened the door to

regulating GHG emissions under the Clean Air Act

The current Administration and Congress are

moving forward through various rulemakings and legislation to regulate GHG emissions

These regulations and laws will have an

economic impact on the U.S. and will be more detrimental in states that heavily rely on coal- fired power plants for electricity

Stay tuned after Massachusetts election!