[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3543 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 3543
To direct the Environmental Protection Agency to establish a product
carbon disclosure program to facilitate carbon content labeling, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 9, 2009
Ms. Baldwin introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To direct the Environmental Protection Agency to establish a product
carbon disclosure program to facilitate carbon content labeling, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PRODUCT CARBON DISCLOSURE PROGRAM.
(a) EPA Study.--The Administrator of the Environmental Protection
Agency shall conduct a study to determine the feasibility of
establishing a national program for measuring, reporting, publicly
disclosing, and labeling products or materials sold in the United
States for their carbon content, and shall, not later than 18 months
after the date of enactment of this Act, transmit a report to Congress
which shall include the following:
(1) A determination of whether a national product carbon
disclosure program and labeling program would be effective in
achieving the intended goals of achieving greenhouse gas
reductions and an examination of existing programs globally and
their strengths and weaknesses.
(2) Criteria for identifying and prioritizing sectors and
products and processes that should be covered in such program
or programs.
(3) An identification of products, processes, or sectors
whose inclusion could have a substantial carbon impact
(prioritizing industrial products such as iron and steel,
aluminum, cement, chemicals, and paper products, and also
including food, beverage, hygiene, cleaning, household
cleaners, construction, metals, clothing, semiconductor, and
consumer electronics).
(4) Suggested methodology and protocols for measuring the
carbon content of the products across the entire carbon
lifecycle of such products for use in a carbon disclosure
program and labeling program.
(5) A review of existing greenhouse gas product accounting
standards, methodologies, and practices including the
Greenhouse Gas Protocol, ISO 14040/44, ISO 14067, and
Publically Available Specification 2050, and including a review
of the strengths and weaknesses of each.
(6) A survey of secondary databases including the
Manufacturing Energy Consumption Survey and evaluate the
quality of data for use in a product carbon disclosure program
and product carbon labeling program and an identification of
gaps in the data relative to the potential purposes of a
national product carbon disclosure program and product carbon
labeling program and development of recommendations for
addressing these data gaps.
(7) An assessment of the utility of comparing products and
the appropriateness of product carbon standards.
(8) An evaluation of the information needed on a label for
clear and accurate communication, including what pieces of
quantitative and qualitative information needs to be disclosed.
(9) An evaluation of the appropriate boundaries of the
carbon lifecycle analysis for different sectors and products.
(10) An analysis of whether default values should be
developed for products whose producer does not participate in
the program or does not have data to support a disclosure or
label and determine best ways to develop such default values.
(11) A recommendation of certification and verification
options necessary to assure the quality of the information and
avoid greenwashing or the use of insubstantial or meaningless
environmental claims to promote a product.
(12) An assessment of options for educating consumers about
product carbon content and the product carbon disclosure
program and product carbon labeling program.
(13) An analysis of the costs and timelines associated with
establishing a national product carbon disclosure program and
product carbon labeling program, including options for a phased
approach. Costs should include those for businesses associated
with the measurement of carbon footprints and those associated
with creating a product carbon label and managing and operating
a product carbon labeling program, and options for minimizing
these costs.
(14) An evaluation of incentives (such as financial
incentives, brand reputation, and brand loyalty) to determine
whether reductions in emissions can be accelerated through
encouraging more efficient manufacturing or by encouraging
preferences for lower-emissions products to substitute for
higher-emissions products whose level of performance is no
better.
(b) Development of National Carbon Disclosure Program.--Upon
conclusion of the study, and not more than 36 months after the date of
enactment of this Act, the Administrator shall establish a national
product carbon disclosure program, participation in which shall be
voluntary, and which may involve a product carbon label with broad
applicability to the wholesale and consumer markets to enable and
encourage knowledge about carbon content by producers and consumers and
to inform efforts to reduce energy consumption (carbon dioxide
equivalent emissions) nationwide. In developing such a program, the
Administrator shall--
(1) consider the results of the study conducted under
subsection (a);
(2) consider existing and planned programs and proposals
and measurement standards (including the Publicly Available
Specification 2050, standards to be developed by the World
Resource Institute/World Business Council for Sustainable
Development, the International Standards Organization, and the
bill AB19 pending in the California legislature);
(3) consider the compatibility of a national product carbon
disclosure program with existing programs;
(4) utilize incentives and other means to spur the adoption
of product carbon disclosure and product carbon labeling;
(5) develop protocols and parameters for a product carbon
disclosure program, including a methodology and formula for
assessing, verifying, and potentially labeling a product's
greenhouse gas content, and for data quality requirements to
allow for product comparison;
(6) create a means to--
(A) document best practices;
(B) ensure clarity and consistency;
(C) work with suppliers, manufacturers, and
retailers to encourage participation;
(D) ensure that protocols are consistent and
comparable across like products; and
(E) evaluate the effectiveness of the program;
(7) make publicly available information on product carbon
content to ensure transparency;
(8) provide for public outreach, including a consumer
education program to increase awareness;
(9) develop training and education programs to help
businesses learn how to measure and communicate their carbon
footprint and easy tools and templates for businesses to use to
reduce cost and time to measure their products' carbon
lifecycle;
(10) consult with the Secretary of Energy, the Secretary of
Commerce, the Federal Trade Commission, and other Federal
agencies, as necessary;
(11) gather input from stakeholders through consultations,
public workshops or hearings with representatives of consumer
product manufacturers, consumer groups, and environmental
groups;
(12) utilize systems for verification and product
certification that will ensure that claims manufacturers make
about their products are valid;
(13) create a process for reviewing the accuracy of product
carbon label information and protecting the product carbon
label in the case of a change in the product's energy source,
supply chain, ingredients, or other factors, and specify the
frequency to which data should be updated; and
(14) develop a standardized, easily understandable carbon
label, if appropriate, and create a process for responding to
inaccuracies and misuses of such a label.
(c) Report to Congress.--Not later than 5 years after the program
is established pursuant to subsection (b), the Administrator shall
report to Congress on the effectiveness and impact of the program, the
level of voluntary participation, and any recommendations for
additional measures.
(d) Definitions.--As used in this Act--
(1) the term ``carbon content'' means the amount of
greenhouse gas emissions and their warming impact on the
atmosphere expressed in carbon dioxide equivalent associated
with a product's value chain;
(2) the term ``carbon footprint'' means the level of
greenhouse gas emissions produced by a particular activity,
service, or entity; and
(3) the term ``carbon lifecycle'' means the greenhouse gas
emissions that are released as part of the processes of
creating, producing, processing or manufacturing, modifying,
transporting, distributing, storing, using, recycling, or
disposing of goods and services.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator $5,000,000 for the study required by
subsection (a) and $25,000,000 for each of fiscal years 2010 through
2025 for the program required under subsection (b).
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