It’s raining carbon pricing bills on Capitol Hill: a comparative look

Since the 116th Congress began in January, seven carbon pricing bills have been introduced at the federal level, four of them in the last month. Some of these bills will do a better job at effectively and equitably reducing emissions than others, but all are important in promoting a much-needed dialogue around carbon pricing on Capitol Hill. 

Six of the introduced bills put a direct fee on carbon pollution, while the seventh establishes a federal cap-and-trade program. The direct-fee bills vary in their rate, the way they allocate revenue, and whether or not they put a moratorium on the EPA’s existing ability to regulate emissions. There are, however, similarities among them; all impose some sort of border adjustment fee to protect American businesses, rely on markets to reduce emissions, and return at least some of the revenue back to individuals.  

Here is a synopsis of each of the carbon pricing bills introduced in the 116th Congress:  

Energy Innovation and Carbon Dividend Act

(HR. 763)  // Fact Sheet

Introduced

In January, by Representatives Ted Deutch (D-FL), Francis Rooney (R-FL), Charlie Crist (D-FL), Judy Chu (D-CA), Anna Eshoo (D-CA), Scott Peters (D-CA), and Dan Lipinski (D-IL). 

Carbon fee rate

Initial rate of $15 per carbon ton, increasing by at least $10 annually. Tax rates contingent on emissions outcomes.

Substances regulated

Carbon equivalent emissions from covered fuels: crude oil, natural gas, coal, and fluorinated gases.

Revenue breakdown

All revenue is rebated back to households in the form of monthly dividends. One dividend payment will be provided per adult, half a payment per child, with a limit of two children per household.

Estimated emission reductions

50% emissions reduction below 1990 levels in 20 years.

Suspension of Regulations

Suspends EPA regulations of carbon dioxide emissions from stationary-sources (i.e. fossil fuel burning power plants, petroleum refineries, food processing plants and other heavy industrial sources). This regulation is lifted if emission reduction limits are not met after a decade.

Treatment of existing state programs

Does not supersede state law or regulation. 

My Take: Right now, it’s fair to say that when people talk about “the federal carbon pricing bill”, they are talking about this one. The Energy Innovation and Carbon Dividend Act is the proposal backed by Citizens Climate Lobby (CCL), a grassroots environmental organization that has trained over 100,000 volunteers in the last decade to help build support for a revenue neutral carbon fee and dividend bill. CCL’s support is notable because a bill supported and pushed for by thousands of individuals undoubtedly carries a lot more weight than one introduced by a single legislative office on the Hill. Furthermore, this bill has 58 co-sponsors, far more than any other carbon pricing bill in Congress today. You can find more information about this bill online, or check out our recent webinar on the proposal.

American Opportunity Carbon Fee Act

(S. 1128) // Fact Sheet

Introduced

In April, by Senators Sheldon Whitehouse (D-RI), Brian Schatz (D-HI), Martin Heinrich (D-NM), and Kirsten Gillibrand (D-NY).

Carbon fee rate

Initial rate of $52 per ton, increasing annually by 6% over inflation in years where emissions are greater than 20% of 2005 levels.

Substances regulated

Carbon equivalent emissions from fossil fuel (coal, petroleum, or natural gas) products, fluorinated gases, and GHGs covered under EPA’s GHG Reporting Program.

Revenue breakdown

Revenue rebated in the form of payroll tax credits, social security payments, veteran benefits, and grants to states for low-income households to address increased energy costs and transition assistance for fossil fuel workers.

Estimated emission reductions

36% emissions reduction by 2025, 51% reduction by 2029 levels, compared to 2005 levels.

Suspension of Regulations

Does not suspend regulations.

Treatment of existing state programs

Not specified.

My Take: In a way, tax swaps are politically appealing – the mantra of “why tax employment when you can tax pollution?” resonates with those who dislike seeing thousands of dollars removed from their hard-earned paychecks (aka most people). The advantages of reducing payroll taxes are two-fold. It (1) reduces the operating cost of labor for employers and thereby makes labor more attractive, and (2) increases the after-tax earnings for employees, thus making working more economically advantageous. However, offsetting payroll taxes is a more regressive way to redistribute revenue than directly giving it back to households. Equity is therefore a potential concern for this bill and the two others that use revenue to reduce payroll taxes. Overall, while the American Carbon Fee Opportunity Act starts off with the highest initial carbon price, it does not increase as rapidly as Rep. Coon’s and Deutch’s bills.

Climate Action Rebate Act

(S. 2284) // Fact Sheet

Introduced

In July, by Senators Chris Coons (D-DE) and Dianne Feinstein (D-CA), and Rep. Jimmy Panetta (D-CA).

Carbon fee rate

Initial rate of $15 per ton, increasing by at least $15 annually. Tax rates are contingent on emissions outcomes; if targets are not met in a given year, the fee rises by $30 per ton. Conversely, once emissions reach 10% of 2017 levels, the fee no longer rises.

Substances regulated

Carbon equivalent emissions from covered fuels: crude oil, natural gas, coal, solid biomass, and fluorinated gases.

Revenue breakdown

70% rebated to low-and-middle income Americans, 20% for clean infrastructure, 5% for clean energy research and development, and 5% for transition assistance for fossil fuel workers.

Estimated emission reductions

55% emission reduction by 2030 and 100% by 2050, compared to 2017 levels.

Suspension of Regulations

Does not suspend regulations.

Treatment of existing state programs

Does not supersede state law or regulation. 

My Take: This bill probably takes the cake as my preferred legislation. That’s largely because of the fact that by 2030, it will impose a much higher per ton fee on carbon pollution than any other proposal introduced this session. Since we know that a high price on carbon is needed to ensure the emission reductions required to avoid the worst impacts of climate change, the fact that the Climate Action Rebate Act will price carbon at $165 per ton by 2030 is welcome news. Furthermore, its revenue-return model will help protect consumers with incomes below $150,000 and its investments will be made in initiatives that will only further reduce emissions, like clean infrastructure and energy innovation.

Stemming Warming and Augmenting Pay (SWAP) Act

(HR. 4058) // Fact Sheet

Introduced

In July, by Reps. Rooney (R-FL) and Lipinski (D-IL) 

Carbon fee rate

Initial rate of $30 per ton, increasing annually by 5% plus inflation. Tax rates contingent on emissions outcomes; for every two years that emission reductions are behind goals, an automatic $3 per ton increase will be charged. 

Substances regulated

Carbon equivalent emissions from fossil-fuel (coal, petroleum, natural gas)

Revenue breakdown

70% to reduce payroll taxes, 20% for state block grants to offset high energy costs, and 10% for social security.

Estimated emission reductions

42% emissions reduction by 2030, compared to current levels. 

Suspension of Regulations

Places a 12-year moratorium on Clean Air Act regulations of stationary-source carbon dioxide emissions. Can be lifted if emission targets are not met.

Treatment of existing state programs

This is the only bill that has a delineated plan for ultimately preempting existing state-level carbon pricing programs. Starting in 2021, regulated entities will receive a credit for any payment on greenhouse gas emissions made under state programs. In the program’s first year, the credit will start at 100% the amount paid under the state program, and then decline by 20% annually.

My Take: Reps. Rooney and Lipinski introduced two carbon pricing bills alongside the CCL proposal they’ve also co-sponsored: this bill and the Raise Wages, Cut Carbon Act. Neither bill’s full language has been released, so they’re both hard to assess. Nevertheless, thanks to Rooney’s support, the two bills can be branded as bipartisan; conservative-leaning think tanks, like Niskanen Center and R-Street Institute, applauded the introduction of these proposals. It’s interesting to note that like the CCL bill, these two bills both temporarily suspend the EPA’s ability to regulate emissions. That’s a common, and potentially problematic, denominator between the three bills that Rooney has supported. Finally, since the SWAP Act essentially supersedes existing state and regional level programs by its fifth year of implementation, it will be crucial to see how that provision affects robust, existing programs, like California’s cap-and-trade.

Raise Wages, Cut Carbon Act

(HR 3966) // Fact Sheet

Introduced

In July, by Reps. Rooney (R-FL) and Lipinski (D-IL)

Carbon fee rate

Initial rate of $40 per ton, rising by 2.5% above inflation annually. The escalation rate will be phased out once emissions are 80% below 2005 levels.

Substances regulated

Carbon emissions potential of a taxable carbon substance: coal, petroleum, natural gas, and fluorinated gases.

Revenue breakdown

84% of the revenue will be used to reduce payroll taxes, 10% for social security, 5% for low-income housing energy assistance, 1% for weatherization assistance.

Estimated emission reductions

Goal reduction is 80% below 2005 levels, with no specified date. 

Suspension of Regulations

Suspends EPA regulations of stationary-source carbon dioxide emissions.

Treatment of existing state programs

Not specified.

My Take: This is the second of the two bills Reps. Rooney and Lipinski have partnered on. Like the SWAP Act, the Raise Wages, Cut Carbon Act puts most of the revenue toward reducing payroll taxes, and suspends the EPA’s regulations on stationary source emissions. The initial tax rate is higher than SWAP ($40 rather than $30 per ton), but its annual increase is lower (2.5% vs SWAP’s 5%). It’s not quite clear why the pair of legislators chose to introduce two very similar bills on the same day, but hey – I guess we’re getting more to choose from?

America Wins Act

(AWA) // Fact Sheet

Introduced

In August, by Rep. John Larson (D-CT)

Carbon fee rate

Initial rate of $52 per ton, rising 6% above inflation annually.

Substances regulated

Carbon content of a taxable carbon substance: coal, petroleum and any petroleum products, and natural gas.

Revenue breakdown

Over ten years, $1.2 trillion invested in infrastructure (roads, bridges, transit, etc) and $70 billion for transition assistance. 12.5% rebated to low income households, and remaining for individual rebates.

Estimated emission reductions

Not specified.

Suspension of Regulations

N/A

Treatment of existing state programs

Not specified.

My Take: The language of this bill, and the promotional materials that came with its release, are framed more around the pressing need for America to invest in its infrastructure and roads rather than the need to reduce emissions. It’s possible that Rep. Larson is strategically promoting this as an infrastructure bill because he knows that, unfortunately, infrastructure is a more bipartisan topic than climate action. That messaging could separate the American Wins Act from the flurry of other carbon pricing proposals introduced this summer. While in a sense, this distinction might be politically advantageous, it’s a bit strange for a bill intended to reduce emissions to be putting hundreds of billions of dollars into highways, roads, bridges, and airports, all things that will undoubtedly spur increased emissions. Ideally, the bill would primarily invest in public transit, electric vehicles, and other less emission-intensive forms of transportation.

Healthy Climate and Family Security Act

(S. 940) // Fact Sheet

Introduced

By Sen. Chris Van Hollen (D-MD) and Rep. Don Beyer (D-VA)

Carbon fee rate

Cap-and-trade program, so carbon price is determined by auction. Four auctions will take place each year, where permits can be banked, and if prices increase by more than 50% above the two-year average price, additional permits will be released to stabilize the price.

Substances regulated

Carbon emissions from fossil fuel combustion (crude oil, natural gas, coal) or any other combustible fuel sold in the United States.

Revenue breakdown

Rebated back to individuals on a monthly basis.

Estimated emission reductions

12.5% by 2020, 35% by 2025, 50% by 2030, 60% by 2035, 80% by 2040, below 2005 levels.

Suspension of Regulations

N/A

Treatment of existing state programs

Does not supersede state and regional law or regulation. 

My Take: This is the only cap-and-trade proposal on the table, which is surprising considering the fact that the only existing carbon pricing programs in the US today are cap-and-trade (see: RGGI, WCI). Cap-and-trade also has historical precedence in the US; in the 1990s, the Acid Rain Program was established to reduce levels of sulfur dioxide and nitrogen oxides, which were causing acid rain and, in turn, killing aquatic life and forests. That program was very successful in significantly reducing sulfur emissions, and by 2010, the health benefits of the program were estimated at $50 billion annually. A similarly-structured program regulating carbon emissions has been on the table in Congress before, but in recent years, there hasn’t really been a concerted effort to push forward cap-and-trade at the federal level. It’ll be interesting to see if this proposal gains any momentum, and if other cap-and-trade bills are introduced after the legislative recess. 

Another proposal, authored by James Baker and George Shultz and backed by the Climate Leadership Council (CLC), is in the works. While some of its specifics have not yet been fleshed out, the proposal has already garnered support among industry groups. The Baker-Schultz proposal levies a $40 per ton carbon fee that rises by 2 to 5 percent annually, reaching as high as $65 per ton by 2030. Industry and oil companies may be particularly fond of the fact it prohibits future lawsuits against energy companies involving climate change.

What does it all mean?

Ultimately, all of these bills will have trouble moving through the Senate under Mitch McConnel’s leadership. Nevertheless, their introduction is an important part of inspiring a healthy and critical conversation on carbon pricing at the federal level.  

Another noteworthy point is that while three of the seven bills tout bipartisan support, Rep. Rooney is the only Republican member of Congress who has championed any legislation. Rooney represents Florida’s 19th district, located in southwestern Florida between Fort Myers and Marco Island. His district is subject to rising sea levels and is increasingly feeling the impacts of the climate crisis. By sponsoring and championing carbon pricing legislation, Rooney is representing his district in the way that all Florida lawmakers should. But he’s going to have to find conservative allies to champion his proposals, particularly in his home state, if these bills are going to truly be perceived as bipartisan approaches. 

It’s also worth pointing out that Rooney only supports bills that temporarily suspend the EPA’s ability to regulate emissions. Some are concerned about this provision; while under most bills, suspension of regulation is lifted if emission reduction targets are not met after a certain period of time (i.e ten years), recent IPCC reports beg the question of whether stripping the EPA of its regulatory authority really is the best pathway forward. 

Regardless of what your bill of choice is, this flurry of proposals is welcome news. Policymakers are beginning to finally understand that the existing policies we have been relying on to regulate greenhouse gas emissions are wildly insufficient, and that a price on carbon and other heat-trapping gases is desperately needed.  

This article will be updated to reflect newly introduced carbon pricing legislation.