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What it Says:
H.R. 2454 Cap and Trade
(pages 137-248)
Pages 137 through 152 have to do with emission allowances, which the government will use as a form of currency to the States and other entities. The sections begin with the creation of government “banking” (SEED) accounts out of which States can manage their allowances. These pages also deal with how allowances may be distributed and spent.
(Page 137) A program shall be established under which States may operate State Energy and Environment Development (SEED) Accounts. The purpose of SEED Accounts is to serve as a “bank” for emission allowances.
(Page 139) A State may create a monetary account connected to its SEED Account to manage monies from sales of emission allowances. The money in this account cannot be mixed with funds not derived from the sale of emission allowances; however, loans made from this account may be repaid back into it, including any interest charged.
(Page 140) All emission allowances, including money from selling them, must support renewable energy and energy efficiency programs authorized or approved by the Federal Government. Why should a state not be able sell some of the allowances to help pay for schools etc., if they were already doing well in renewable energy?
(Page 140) Commercial loans from emission allowances may be subsidized at interest rate as low as zero. Other credit support may also be provided to support programs authorized to use emission allowances value.
(Page 140 and 141) Emission allowances, Grants of emission allowances or monies from selling them may be provided for certain programs.
(Page 141) A State may request SEED accounts for local governments to bank the electrical allowances distributed to them for government approved energy programs.
(Page 142) States must make a plan detailing projects and programs for what to do with the money or allowances in their SEED account.
(Page 145) A State’s eligibility to receive allowances in its SEED Account will depend on that State’s compliance with the requirements and amendments of Cap and Trade.
(Page 146) Not later than September 30 of each calendar year from 2011 through 2049, the government will distribute the remaining electrical allowances to States.
(Page 146 and 150) The government will distribute electrical allowances among the States. One third shall be divided equally among the States. One third shall be distributed among the States based on the population of each State in the most recent census data. One third shall be distributed on the basis of the energy consumption. Because the goal is decreased energy consumption I assume that those States with the least energy consumption would get more allowances. That means that that the State will in turn pressure its people to consume less energy. SOMETHING TO THINK ABOUT: how might the smart grid play into this? Also interesting to note: this ends right before a census year, so 4 censuses will cover this 48 year period the first of which is “controlled” by the people who would be putting Cap and Trade into effect
(Page 151) Each State receiving electrical allowances shall include in its biennial reports a list of recipients the State has given electrical allowances to, including the amount and nature of allowances received by each recipient.
(Page 152) States must list the specific purposes for which allowances were given to recipients.
(Page 152) States must list documentation of the amount of energy savings, emission reductions, renewable energy deployment, and new or retooled manufacturing capacity resulting from the use of electrical allowances and (for certain things) an assessment demonstrating cost effectiveness and a demonstration that the requirements have been satisfied.
(Page 152) If the Administrator determines that a State is not in compliance with this section, he/she may withhold up to twice the number of future electric allowances that the State wrongly used. Electrical allowances withheld shall be distributed among the remaining States.
The following points have to do with the government assessing energy star appliances for their increased energy savings when used with the Smart Grid. For a good basic explanation of a Smart Grid please click here
Also: Here is a list of 10 possible privacy concerns regarding use of a Smart Grid.
1. Identity Theft
2. Determining Personal Behavior Patterns
3. Determing Specific Appliances Used
4. Performing Real-Time Surveillance
5. Revealing Activities Through Residual Data
6. Targeted Home Invasions
7. Providing Accidental Invasions
8. Activity Censorship
9. Decisions and Actions Based Upon Inaccurate Data
10. Revealing Activities When Used With Data From Other Utilities
(10 Smart Grid Consumer-to-Utility Privacy Concerns; Are There More? Posted by Rebecca Herold on September 25, 2009 @ www.realtime-itcompliance.com )
(Page 156 and 157) Within 1 year after Cap and Trade is passed, the government shall assess the potential for cost-effective integration of Smart in all Energy Star Products. One year later the government will analyze the potential energy savings, greenhouse gas emission reductions, and electricity cost savings that could accrue for each of the products in optimal circumstances. Proponents of the Smart Grid will sell it to the public based on “optimal circumstances”, but will the circumstances be optimal most of the time for most consumers? What are the pros and cons of a Smart Grid when things are NOT optimal?
(Page 158 and 159) To the extent that including Smart Grid capabilities in any products is found to be cost effective in the best case, not later than 3 years after Cap and Trade becomes law the government will take each of the following actions:
(A) Inform the manufacturer of each product of such cost effectiveness.
(B) Assess the potential contributions that development and use of products with Smart Grid technologies would bring to reducing peak demand and promoting grid stability.
(C) Assess the potential national energy savings and electricity cost savings that could be realized if Smart Grid technology were installed in products
(D) Find the best ways to provide consumers information on products with Smart Grid capabilities, including the necessary conditions for cost-effective savings.
(E) Submit a report to Congress summarizing the results of the assessment for each class of products, and presenting the potential energy and greenhouse gas savings that could result if Smart Grid capability were installed and used in such products.
I can’t help but think of the digital TV conversion (which was originally supposed to happen back in 2006, but kept getting delayed due to poor planning, lack of funds, and a non-compliant population, until it finally did go into effect in 2009.) I wonder if 3 years is going to be enough to convert appliances to a smart grid.
What are we doing with all the freed up bandwidth from the digital TV conversion? The government is selling it to wireless phone companies
What will we do with the “freed up” energy? Instead of reducing, I think we will find new ways to spend our energy.
As a consumer I like the idea of my appliances using less energy, but back to the DTV analogy: The over-the-air television was the only thing affected by it. Cable companies did their own DTV conversion to free up their bandwidth to reuse it for high speed internet. This did not make cable rates go down; they actually went UP to pay for the conversions. So I am not convinced that this will save me money or reduce total energy output.
(Page 160) The Government will consider labeling products that have smart grid capabilities. Labeling would include how to make best use of the product’s smart grid abilities and how much money it could save the consumer.
(Page 162-164) The States must come up with a plan to lower their average electricity demands through means such as energy efficiency, use of a smart grid, or offsetting by purchasing electricity from their customers,
(Page 163) Energy companies may meet their peak demand reduction goals by being contractually committed to be available for peak reduction through Megawatts enrolled in demand response programs smart appliances, smart electricity or energy storage devices, distributed generation resources on the entity’s customers’ premises, or other measures directly capable of actively, controllably, reliably, and dynamically reducing peak demand. Energy companies can meet government regulations for energy caps during peak times by reducing available energy to their customers or by purchasing energy from their customers. Energy companies will contract with their customers to do this, but it is likely that using too much energy or using it at the “wrong time” will then be very cost prohibitive to the average consumer. So I will get charged more if I am using my dishwasher during peak times?
(Page 165) Electric utilities may meet government regulations by having Megawatts available to them from smart appliances and equipment with Smart Grid capability available for direct control by the utility through agreement with the customer owning the appliances or equipment or with a third party pursuant to such agreements.
(Page 167) The Commission shall note any State who failed to comply with peak demand reduction goals, or is not a part of any region or group that has complied. Cap and Trade extends an enormous amount over the States (and individuals). Just like money, the government must take before it can give.
(Page 167) The government will have the authority to modify the process of establishing peak demand reduction goals.
(Page 172 –173) It is the policy of the United States that regional electric grid planning should facilitate the deployment of renewable and other zero-carbon and low-carbon energy sources for generating electricity to reduce greenhouse gas emissions while ensuring reliability, reducing congestion, ensuring cyber-security, minimizing environmental harm, and providing for cost-effective electricity services throughout the United States. Why is this here? Are we talking about Smart Grid technology security? I believe so. Without a meter reader coming to your house, the door is open to hacking your smart appliance so that it doesn’t report or reports inaccurately (as someone else, or at a reduced amount). This happened in the early years of high speed internet. People were cracking their cable modems and getting much more speed then they were paying for… but guess what? The private companies discovered the flaw, prosecuted the thieves, and fixed it. If this whole smart grid thing is what is best for the industry, I would expect to see the industry being the agent of change and security, not the government.
(Page 174) Not later than one year after this section of Cap and Trade is made law, the government will adopt national electricity grid planning principles to be applied in ongoing and future transmission planning that may implicate interstate transmission of electricity. The government will make laws about electricity serving multiple States.
(Page 177) The Commission shall provide support to and may participate if invited to do so in the regional grid planning processes conducted by regional planning entities. The government may provide planning resources and assistance as required or requested, including system data, cost information, system analysis, technical expertise, modeling support and dispute resolution services.
This section is a continuation of an amendment to The Federal Power Act (16 U.S.C. 824p), which began in 216A. Section 216B applies only to states in the Western Interconnection, a section of the North American power grid roughly from the Rocky Mountain States west to the Pacific. The key parts of the amendment stating that grid planning should "facilitate the deployment of zero-carbon and low-carbon energy sources for generating electricity", and laying the outline for how to accomplish that, are contained in 216A.
(Page 180) The two most notable changes this amendment makes to the Federal Power Act are:
1) The agency named as having regulatory authority is the Federal Energy Regulatory Commission; in the previous regulation the authority rested with the Secretary of Energy.
2) The addition of the requirement that a transmission facility be a 'multistate facility'. Electrical transmissions facilities must now serve multiple States.
(Page 189-194) Net Metering refers to a utility customer who has some method of generating their own electricity, which would feed any extra generated electricity into the grid. The electricity sent to the grid is credited to the customer. Section 152 states that Federal Agencies will receive the same credit as other customers, and that utilities will arrange or provide meters that can measure both electrical use and generation. I like this provision, but what stops someone from building a small coal-burning generator and selling the energy, which would defeat the goal?
(Page 195-199) The FIRST project that meets the very specific qualifications as an "advanced electric transmission" facility is eligible for federal grants of up to 50 percent of the costs to design, develop and construct such a facility, up to $100 million in FY 2010. The U.S. "shall take no equity or other ownership interest" in whatever is created as a result of these grants. There is a lot of money here for whoever meets the requirements first and this is not the first time we have seen this in this bill. As I’ve stated before, this is an excellent way to funnel money if you have a pretty good idea of who will be first.
(Page 200-222) The manufacture of most incandescent lamps, and some fluorescent lamps that do not meet the minimum efficiency standard will be prohibited beginning in 2020 (unless the Secretary prohibits it earlier).
These pages are about the establishment of Energy Innovation Hubs. Centralized locations for creation and funding for specific green technologies.
(Page 235) The government will establish Energy Innovation Hubs.
(Page 238) Hubs will be specialized, and may include solar electricity, fuels from solar energy, batteries and energy storage, electricity grid systems and devices, energy efficient building systems and design, advanced materials, modeling and simulation, and other clean energy technology development areas designated by the Secretary.
(Page 239-240) The Secretary shall have ultimate responsibility for, and oversight of, all aspects of the program as well as provide for the distribution of electrical allowances to support the establishment of 8 Hubs, each with a unique designated technology development focus, and coordinate the innovation activities of Hubs with those occurring through other Department of Energy entities.What if one proves to be more effective than the other 7 areas of development, will we dissolve the 7 Hubs? That is to ask, are we doing this simply to be doing something green, or are we really interested in reducing carbon emissions? If we are interested in reducing carbon emissions wouldn’t it be cheaper to build out our nuclear energy first (since we already know how to do it) and then worry about researching more effective or cheaper methods once we have the problem under control?
(Page 240-241) A group of institutions may cooperate to be eligible to receive electrical allowances to support the establishment of a Hub if the group is composed of 2 research universities with a combined annual research budget of $500,000,000 and one or more research universities, State or Federal institutions with a focus on the advancement of clean energy technologies, or nongovernmental organizations with research or commercialization expertise in clean energy technology development. In addition the group must receive money from States, consortium participants, or other non-Federal sources, to be used to support project awards and must be part of an existing cluster or demonstrate high potential to develop a new cluster; and operate as a nonprofit organization.
(Page 241-242) Hubs must make rules about intellectual property developed with Hub money and technological support that encourage individual ingenuity and invention while speeding technology transfer and facilitating the establishment of rapid commercialization
(Page 243) Hubs must make rules to try to prevent eliminating private investment in green technologies that would have occurred if the Hub had not been created, including private investment from members of the consortium. The government wants to be sure that people will not start to rely solely on government money and programs to progress green technologies.
(Page 243) A Hub will distribute grants and loans to support clean energy technology projects but 50 percent of monies awarded must be given to projects related to that Hub’s specific technology development focus. Each hub will have its own focus of study such as solar electricity, fuels from solar energy, batteries and energy storage etc. and will give grants and loans to support those specific technologies.
(Page 244) Each Hub shall establish an Advisory Board, the Board will review the Hub’s proposed plans, programs, project selection criteria, and projects to make sure that projects selected for awards meet the conflict of interest policies of the Hub. Advisory Board members other than those representing consortium members shall serve for no more than 3 years. All Advisory Board members shall comply with the Hub’s conflict of interest policies and procedures.
(Page 246) Not later than September 30 of 2011 and each calendar year thereafter through 2049, the government will distribute electrical allowances to Hubs. Not less than 10 percent and not more than 30 percent of the electrical allowances available for distribution in any given year shall be distributed to any individual Hub.
(Page 246-247) Electrical allowances to support the establishment of a Hub will be distributed to groups of institutions (consortia) selected through a competitive process. No more than 4 months after Cap and Trade becomes law, the government will solicit proposals from 22 eligible consortia. This is extremely specific. Clearly they already have these groups in mind. Who are they and how does the government know who they are, especially as only 8 will be chosen? to establish Hubs. The government will choose no later than nine days after Cap and Trade becomes law. For at least 3 of those groups chosen to start hubs the government will give special consideration to applications in which 1 or more of the institutions are 1890 Land Grant Institutions, Predominantly Black Institutions, Tribal Colleges or Universities, or Hispanic Serving Institutions
(Page 247-248) For each Hub the government will decide how many electrical allowances it will receive each year for an initial period not to exceed 5 years. The government may extend the length of such award by up to 5 additional years, and a Hub may compete to receive an increase in the number of electrical allowances that it will receive during any such extension. A Hub will be eligible to compete for a new award after the expiration of the term of any award, including any terms that were already extensions.
(Page 248) Electrical allowances given to hubs must be used to support project awards. Hubs may not use more than 10 percent of the value of electrical allowances for administrative expenses related to making awards. Allowances may not be used for construction of new buildings or facilities for Hubs, and construction of new buildings or facilities shall not be considered as part of the non-Federal share of a cost sharing agreement.
Notes by:
Kursten Schwarz, Mark
Points from
H.R. 3126 Consumer Financial Protection Agency Act.
Section 112 The Agency will be established in the executive branch.
but . . .
Section 122 The Agency is authorized to make rules (laws) and exercise its authorities to administer and force its purposes.
and . . .
Section 137 Court action cannot be taken to enforce certain Agency rule. Citizens do not have the right to a Court of Law regarding the laws in this section
Section 137 The Agency will make rules about the wages of anyone working for a bank or company that offer loans or credit, including independent contractors.
Section 171 The government will map wealth by geocoding bank customer addresses and tracking the amount of money deposited into home and businesss checking and savings accounts.
To read the full bullet point report click here
