I 

117TH CONGRESS 

1ST SESSION H. R. 1805 

To amend the Clean Air Act to establish a tradeable performance standard 

covering emissions from the electricity generation and industrial sectors, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 11, 2021 

Mr. CASTEN (for himself and Mr. MALINOWSKI) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Clean Air Act to establish a tradeable performance standard covering emissions from the electricity 

generation and industrial sectors, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Tradeable Perform5 ance Standard Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Combating the climate crisis. 


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‘‘TITLE VII—GREENHOUSE GAS POLLUTION REDUCTION 

PROGRAM 

‘‘PART A—GLOBAL WARMING POLLUTION REDUCTION TARGETS

‘‘Sec. 701. Definitions. 

‘‘Sec. 702. Reduction targets for covered entities. 

‘‘PART B—DESIGNATION OF GREENHOUSE GASES AND THERMAL ENERGY

REPORTING PROGRAM

‘‘Sec. 711. Greenhouse gases. 

‘‘Sec. 712. Carbon dioxide equivalent value of greenhouse gases. 

‘‘Sec. 713. Thermal energy reporting program. 

‘‘Sec. 714. EIA and EPA reporting. 

‘‘PART C—PROGRAM RULES

‘‘Sec. 721. Requirements. 

‘‘Sec. 722. Distribution of emission allowances. 

‘‘Sec. 723. Trading. 

‘‘Sec. 724. Voluntary program participation. 

‘‘Sec. 725. Penalty for noncompliance. 

‘‘Sec. 726. Emission allowance tracking system. 

‘‘Sec. 727. Other program rules. 

‘‘Sec. 728. Oversight. 

‘‘Sec. 729. Regulations. 

‘‘Sec. 730. Savings provisions. 

1 SEC. 3. COMBATING THE CLIMATE CRISIS. 

2 The Clean Air Act (42 U.S.C. et seq.) is amended 

3 by adding after title VI the following new title: 

4 ‘‘TITLE VII—GREENHOUSE GAS 

5 POLLUTION REDUCTION PRO6 GRAM 

7 ‘‘PART A—GLOBAL WARMING POLLUTION 

8 REDUCTION TARGETS 

9 ‘‘SEC. 701. DEFINITIONS. 

10 ‘‘In this title: 

11 ‘‘(1) AVERAGE CARBON INTENSITY FOR QUALI12 FIED ELECTRIC FACILITIES.—The term ‘average 

13 carbon intensity for qualified electric facilities’ 


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1 means the number that equals the total amount of 

2 greenhouse gas emissions in metric tons of carbon 

3 dioxide equivalent emitted from qualified electric fa4 cilities in a calendar year as reported under section 

5 714 divided by the total quantity of megawatt hours 

6 of electricity produced by qualified electric facilities 

7 in such calendar year as reported under section 714. 

8 ‘‘(2) AVERAGE CARBON INTENSITY FOR QUALI9 FIED THERMAL FACILITIES.—The term ‘average car10 bon intensity for qualified thermal facilities’ means 

11 the number that equals the total amount of green12 house gas emissions in metric tons of carbon dioxide 

13 equivalent emitted from qualified thermal facilities 

14 in a calendar year as reported under section 713 di15 vided by the total quantity of useful thermal energy 

16 output from qualified thermal facilities in such cal17 endar year as reported under section 713. 

18 ‘‘(3) BOTTOMING CYCLE COGENERATION GEN19 ERATOR.—The term ‘bottoming cycle cogeneration 

20 generator’ means any generator that produces elec21 tricity from otherwise-wasted heat, pressure, or both, 

22 using any of the following technologies: 

23 ‘‘(A) An organic Rankine cycle. 

24 ‘‘(B) A waste-heat recovery steam gener25 ator. 


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1 ‘‘(C) A back pressure steam turbine. 

2 ‘‘(D) A Stirling engine. 

3 ‘‘(4) CARBON DIOXIDE EQUIVALENT.—The 

4 term ‘carbon dioxide equivalent’ means the unit of 

5 measure, expressed in metric tons, of greenhouse 

6 gases, as provided under section 712. 

7 ‘‘(5) COVERED ENTITY.—The term ‘covered en8 tity’ means each of the following: 

9 ‘‘(A) A qualified cogeneration facility. 

10 ‘‘(B) A qualified electric facility. 

11 ‘‘(C) A qualified thermal facility. 

12 ‘‘(6) DESIGNATED REPRESENTATIVE.—The 

13 term ‘designated representative’ means, with respect 

14 to a covered entity, a thermal reporting entity, or 

15 any other entity receiving or holding emission allow16 ances under this title, an individual authorized, 

17 through a certificate of representation submitted to 

18 the Administrator by the owners and operators, to 

19 represent the owners and operators in all matters 

20 pertaining to this title (including the holding, trans21 fer, or disposition of emission allowances), and to 

22 make all submissions to the Administrator under 

23 this title. 

24 ‘‘(7) EMISSION ALLOWANCE.—The term ‘emis25 sion allowance’ means a limited authorization to 


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1 emit, in an amount of, 1 metric ton of carbon diox2 ide equivalent of a greenhouse gas in accordance 

3 with this title. 

4 ‘‘(8) FUEL-BASED CAPACITY.—The term ‘fuel5 based capacity’ means— 

6 ‘‘(A) for generators that produce useful 

7 thermal energy output with the combustion of 

8 fuel, the peak fuel combustion rate; and 

9 ‘‘(B) for generators that produce useful 

10 thermal energy output without the combustion 

11 of fuel, the peak useful thermal energy output 

12 rate divided by 0.7. 

13 ‘‘(9) GREENHOUSE GAS.—The term ‘greenhouse 

14 gas’ means any gas listed in section 711. 

15 ‘‘(10) GREENHOUSE GAS EMISSION.—The term 

16 ‘greenhouse gas emission’ means the release of a 

17 greenhouse gas into the ambient air. 

18 ‘‘(11) HOLD.—The term ‘hold’ means, with re19 spect to an emission allowance, to have in the appro20 priate account created pursuant to the process under 

21 section 726(2). 

22 ‘‘(12) QUALIFIED COGENERATION FACILITY.— 

23 The term ‘qualified cogeneration facility’ means any 

24 generator that simultaneously produces useful ther25 mal energy output and electricity and— 


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1 ‘‘(A) has a rated capacity of 2 megawatts 

2 or greater; or 

3 ‘‘(B) is classified as a qualified cogenera4 tion facility pursuant to section 724(c). 

5 ‘‘(13) QUALIFIED ELECTRIC FACILITY.—The 

6 term ‘qualified electric facility’ means any generator 

7 that produces electricity, including a bottoming cycle 

8 cogeneration generator— 

9 ‘‘(A) with a rated capacity of 2 megawatts 

10 or greater; or 

11 ‘‘(B) with a rated capacity of less than 2 

12 megawatts that is classified as a qualified elec13 tric facility pursuant to section 724(a). 

14 ‘‘(14) QUALIFIED THERMAL FACILITY.—The 

15 term ‘qualified thermal facility’ means any generator 

16 that produces thermal energy— 

17 ‘‘(A) with a rated fuel-based capacity of at 

18 least 50,000,000 British thermal units on a 

19 higher heating value basis per hour or greater, 

20 excluding any generator producing useful ther21 mal energy output that the Administrator de22 termines is used to wholly or partially provide 

23 carbon as a chemical ingredient for a process to 

24 manufacture goods; or 


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1 ‘‘(B) with a rated fuel-based capacity of 

2 less than 50,000,000 British thermal units on 

3 a higher heating value basis per hour that is 

4 classified as a qualified thermal facility pursu5 ant to section 724(b). 

6 ‘‘(15) THERMAL REPORTING ENTITY.—The 

7 term ‘thermal reporting entity’ means— 

8 ‘‘(A) a qualified thermal facility; 

9 ‘‘(B) a qualified cogeneration facility; 

10 ‘‘(C) any generator that produces useful 

11 thermal energy output with a rated fuel-based 

12 capacity of at least 30,000,000 British thermal 

13 units on a higher heating value basis per hour, 

14 but less than 50,000,000 British thermal units 

15 on a higher heating value basis per hour; or 

16 ‘‘(D) any other entity that produces or de17 livers useful thermal energy output the produc18 tion or delivery of which results or may result 

19 in greenhouse gas emissions if the Adminis20 trator determines that reporting under section 

21 713 by such entity will help achieve the targets 

22 specified in section 702. 

23 ‘‘(16) USEFUL THERMAL ENERGY OUTPUT.— 

24 The term ‘useful thermal energy output’ means ther25 mal energy as measured in million British thermal 


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1 units on a higher heating value basis produced by a 

2 generator that produces thermal energy net of the 

3 energy in inlet combustion air, feedwater, or any 

4 other fluids not used as fuels of combustion. 

5 ‘‘SEC. 702. REDUCTION TARGETS FOR COVERED ENTITIES. 

6 ‘‘(a) IN GENERAL.—The regulations issued under 

7 section 729 shall establish enforceable targets for the 

8 greenhouse gas emissions of covered entities, such that— 

9 ‘‘(1) in 2030, the aggregate quantity of green10 house gas emissions from covered entities does not 

11 exceed 60 percent of the aggregate quantity of 

12 greenhouse gas emissions from covered entities in 

13 2019; and 

14 ‘‘(2) in 2040, the aggregate quantity of green15 house gas emissions from covered entities does not 

16 exceed zero. 

17 ‘‘(b) DEFINITION.—For purposes of this section, the 

18 term ‘greenhouse gas emissions from covered entities in 

19 2019’ means greenhouse gas emissions to which section 

20 721 would have applied if the requirements of this title 

21 for the specified year had been in effect for 2019. 


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1 ‘‘PART B—DESIGNATION OF GREENHOUSE GASES 

2 AND THERMAL ENERGY REPORTING PROGRAM 

3 ‘‘SEC. 711. GREENHOUSE GASES. 

4 ‘‘For purposes of this title, the following are green5 house gases: 

6 ‘‘(1) Carbon dioxide. 

7 ‘‘(2) Methane. 

8 ‘‘(3) Nitrous oxide. 

9 ‘‘(4) Sulfur hexafluoride. 

10 ‘‘(5) Any perfluorocarbon. 

11 ‘‘(6) Nitrogen trifluoride. 

12 ‘‘SEC. 712. CARBON DIOXIDE EQUIVALENT VALUE OF 

13 GREENHOUSE GASES. 

14 ‘‘(a) IN GENERAL.—Any provision of this title that 

15 refers to a quantity or percentage of a quantity of a green16 house gas shall be treated as a reference to the quantity 

17 or percentage of the greenhouse gas expressed in carbon 

18 dioxide equivalents. 

19 ‘‘(b) VALUES.—Except as provided by the Adminis20 trator under subsection (c), for the purposes of this title, 

21 the carbon dioxide equivalent value of a greenhouse gas 

22 shall be equal to the 100-year global warming potential 

23 for such greenhouse gas that is provided in the Fifth As24 sessment Report of the Intergovernmental Panel on Cli25 mate Change. 


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1 ‘‘(c) USE OF 20-YEAR GLOBAL WARMING POTEN2 TIAL.—If the Administrator determines that it is more ap3 propriate for a greenhouse gas and the 20-year global 

4 warming potential for such greenhouse gas that is pro5 vided in the Fifth Assessment Report of the Intergovern6 mental Panel on Climate Change exceeds the 100-year 

7 global warming potential for such greenhouse gas that is 

8 provided in the Fifth Assessment Report of the Intergov9 ernmental Panel on Climate Change, the Administrator 

10 may publish a determination in the Federal Register that 

11 such greenhouse gas has a carbon dioxide equivalent value 

12 equal to the 20-year global warming potential for such 

13 greenhouse gas that is provided in the Fifth Assessment 

14 Report of the Intergovernmental Panel on Climate 

15 Change. 

16 ‘‘SEC. 713. THERMAL ENERGY REPORTING PROGRAM. 

17 ‘‘(a) REGULATIONS.—Not later than 18 months after 

18 the date of enactment of this title, the Administrator shall 

19 issue regulations establishing a program, to be known as 

20 the Federal thermal energy reporting program. Such regu21 lations shall— 

22 ‘‘(1) require each thermal reporting entity to 

23 submit to the Administrator data on— 


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1 ‘‘(A) the type, quality, and quantity of fuel 

2 used for onsite useful thermal energy output 

3 production by such thermal reporting entity; 

4 ‘‘(B) the quantity of useful thermal energy 

5 output produced by such thermal reporting en6 tity as calculated pursuant to subsection (e); 

7 and 

8 ‘‘(C) the quantity of greenhouse gas emis9 sions associated with such useful thermal en10 ergy output production; 

11 ‘‘(2) require thermal reporting entities to sub12 mit to the Administrator data sufficient to ensure 

13 compliance with or implementation of the require14 ments of this title; 

15 ‘‘(3) ensure the completeness, consistency, 

16 transparency, accuracy, precision, and reliability of 

17 data gathered under the Federal thermal energy re18 porting program; 

19 ‘‘(4) include methods for avoiding double re20 porting to the maximum extent possible; 

21 ‘‘(5) require that thermal reporting entities pro22 vide the data required in this section in reports sub23 mitted electronically to the Administrator, in such 

24 form and containing such information as may be re25 quired by the Administrator; 


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1 ‘‘(6) include requirements for keeping records 

2 supporting or related to, and protocols for auditing, 

3 data submitted under the Federal thermal energy re4 porting program; 

5 ‘‘(7) establish consistent policies for calculating 

6 carbon content and greenhouse gas emissions for 

7 any type of fuel for which data is submitted under 

8 the Federal thermal energy reporting program; 

9 ‘‘(8) provide for immediate dissemination, to 

10 States and Indian Tribes, of all data reported under 

11 the Federal thermal energy reporting program as 

12 soon as practicable after electronic audit by the Ad13 ministrator and any resulting correction of data, ex14 cept that data shall not be disseminated under this 

15 paragraph if— 

16 ‘‘(A) nondissemination of the data is vital 

17 to the national security of the United States, as 

18 determined by the President; or 

19 ‘‘(B) the data is confidential business in20 formation that cannot be derived from informa21 tion that is otherwise publicly available and that 

22 would cause significant calculable competitive 

23 harm if published, except that data that is con24 fidential business information shall be provided 

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1 diction the thermal reporting entity is located if 

2 the Administrator determines that such State 

3 or Indian Tribe has in effect protections for 

4 confidential business information that are at 

5 least as protective as protections applicable to 

6 the Federal Government; 

7 ‘‘(9) provide that the Administrator publish an 

8 aggregate summary of all data reported under the 

9 Federal thermal energy reporting program publicly 

10 on the internet as soon as practicable after elec11 tronic audit by the Administrator and any resulting 

12 correction of data, including publication of— 

13 ‘‘(A) any confidential business data under 

14 paragraph (8)(B); and 

15 ‘‘(B) at the discretion of the President, 

16 data the nondissemination of which was deter17 mined to be vital to the national security of the 

18 United States under paragraph (8)(A); 

19 ‘‘(10) prescribe methods by which the Adminis20 trator shall, in cases in which satisfactory data are 

21 not submitted by a thermal reporting entity under 

22 the Federal thermal energy reporting program to the 

23 Administrator for any period of time, estimate the 

24 data for such thermal reporting entity required 

25 under paragraph (1) with— 


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1 ‘‘(A) in the case of a thermal reporting en2 tity that is a qualified thermal facility or a 

3 qualified cogeneration facility, an estimate of 

4 the highest greenhouse gas emission levels that 

5 may have occurred during the period for which 

6 data are missing; or 

7 ‘‘(B) in the case of any other thermal re8 porting entity, a reasonable estimate of the 

9 greenhouse gas emission levels that may have 

10 occurred during the period for which data are 

11 missing; 

12 ‘‘(11) require the designation of a designated 

13 representative for each thermal reporting entity; 

14 ‘‘(12) require an appropriate certification, by 

15 the designated representative for the thermal report16 ing entity, of accurate and complete accounting of 

17 the data required under paragraph (1), as deter18 mined by the Administrator; and 

19 ‘‘(13) include requirements for the submission 

20 of other data necessary for accurate and complete 

21 accounting of the quantity of useful thermal energy 

22 output, and the quantity of greenhouse gas emis23 sions associated with such useful thermal energy 

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1 trator, including data for quality assurance of moni2 toring systems and other measurement devices. 

3 ‘‘(b) TIMING.— 

4 ‘‘(1) CALENDAR YEARS 2019 THROUGH 2022.— 

5 ‘‘(A) IN GENERAL.—Not later than March 

6 21, 2023, each thermal reporting entity shall 

7 submit to the Administrator data required 

8 under the Federal thermal energy reporting 

9 program with respect to each of calendar years 

10 2019 through 2022. 

11 ‘‘(B) WAIVER OR MODIFICATION.—The 

12 Administrator may waive or modify reporting 

13 requirements for calendar years 2019 through 

14 2022 for thermal reporting entities to the ex15 tent that the Administrator determines that the 

16 thermal reporting entities did not keep data or 

17 records necessary to meet such reporting re18 quirements. The Administrator may, in addition 

19 to or in lieu of such reporting requirements, col20 lect additional information on energy consump21 tion and production. 

22 ‘‘(2) SUBSEQUENT CALENDAR YEARS.—With 

23 respect to calendar year 2023 and each subsequent 

24 calendar year, each thermal reporting entity shall 

25 submit quarterly data required under the Federal 


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1 thermal energy reporting program to the Adminis2 trator not later than 60 days after the end of the 

3 applicable quarter, except when the data is already 

4 being reported to the Administrator on an earlier 

5 timeframe for another program. 

6 ‘‘(c) WAIVER OF REPORTING REQUIREMENTS FOR

7 SPECIFIC ENTITIES.—The Administrator may waive re8 porting requirements under this section for specific enti9 ties to the extent that the Administrator determines that 

10 sufficient and equally or more reliable verified and timely 

11 data are available to the Administrator and the public 

12 under other statutory requirements. 

13 ‘‘(d) INTERRELATIONSHIP WITH OTHER SYSTEMS.— 

14 ‘‘(1) IN GENERAL.—In developing the regula15 tions issued under subsection (a), the Administrator 

16 shall take into account the work done by the Energy 

17 Information Administration and other mandatory 

18 Federal, State, or multistate programs to collect in19 formation that is similar to the information to be 

20 collected under this section. 

21 ‘‘(2) EXPLANATION.—Regulations issued under 

22 subsection (a) shall include an explanation of any 

23 major differences in information collected between 

24 the Federal thermal energy reporting program and 

25 information available from the Energy Information 


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1 Administration and other mandatory Federal, State, 

2 or multistate programs to collect similar informa3 tion. 

4 ‘‘(e) CALCULATION OF USEFUL THERMAL ENERGY

5 OUTPUT.—The Administrator and thermal reporting enti6 ties shall— 

7 ‘‘(1) in the case of thermal reporting entities 

8 that have revenue-grade send out meters, calculate 

9 useful thermal energy output by using the data pro10 vided by those meters; and 

11 ‘‘(2) in the case of thermal reporting entities 

12 that do not have such meters, or that have such me13 ters but for which the Administrator determines that 

14 the values obtained by calculating useful thermal en15 ergy output under paragraph (1) are unreasonable, 

16 calculate useful thermal energy output based on the 

17 metered fuel use for a given quarter multiplied by 

18 the average conversion efficiency of fuel to useful 

19 thermal energy output in all other similarly situated 

20 facilities using the same fuel. 

21 ‘‘SEC. 714. EIA AND EPA REPORTING. 

22 ‘‘(a) IN GENERAL.—Beginning with calendar year 

23 2023, by the end of each month, the Administrator of the 

24 Energy Information Administration shall provide to the 

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1 formation on the total amount of electricity produced from 

2 qualified electric facilities during the previous month. 

3 ‘‘(b) NEW QUALIFIED ELECTRIC FACILITIES.—The 

4 Administrator of the Environmental Protection Agency 

5 shall notify the Administrator of the Energy Information 

6 Administration whenever an electric facility with a rated 

7 capacity of less than 2 megawatts elects to be classified 

8 as a qualified electric facility or a qualified cogeneration 

9 facility under section 724. 

10 ‘‘PART C—PROGRAM RULES 

11 ‘‘SEC. 721. REQUIREMENTS. 

12 ‘‘(a) IN GENERAL.—By 12:01 a.m. on April 1 of a 

13 calendar year, a covered entity shall surrender to the Ad14 ministrator one emission allowance for each metric ton of 

15 carbon dioxide equivalent of a greenhouse gas emitted by 

16 the covered entity during the preceding calendar year. 

17 ‘‘(b) ACQUISITION OF EMISSION ALLOWANCES.—A 

18 covered entity shall acquire emission allowances as follows: 

19 ‘‘(1) By receiving emission allowances as pro20 vided in section 722. 

21 ‘‘(2) By purchase, exchange, or transfer under 

22 section 723. 

23 ‘‘(c) APPLICABILITY.—The requirement of this part 

24 applies with respect to calendar year 2024 and subsequent 

25 calendar years. 


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1 ‘‘(d) PERIOD OF USE.—An emission allowance may 

2 be used by a covered entity to comply with subsection (a) 

3 only for— 

4 ‘‘(1) the calendar year in connection with which 

5 it is distributed under section 722; or 

6 ‘‘(2) the following calendar year. 

7 ‘‘(e) ADJUSTMENT OF DEADLINE.—The Adminis8 trator may, by rule, establish a deadline for compliance 

9 with subsection (a) with respect to a calendar year that 

10 is later than 12:01 a.m. on April 1 of the following cal11 endar year, as necessary to ensure the availability of 

12 greenhouse gas emissions data, but in no event shall the 

13 adjusted deadline be later than June 1. 

14 ‘‘SEC. 722. DISTRIBUTION OF EMISSION ALLOWANCES. 

15 ‘‘(a) QUALIFIED ELECTRIC FACILITIES.—During a 

16 calendar year, the Administrator shall distribute, on a con17 tinual basis, to a qualified electric facility for each mega18 watt hour of electricity produced by the qualified electric 

19 facility a number of emission allowances (or fractions 

20 thereof) equal to the product of one multiplied by the 

21 greater of— 

22 ‘‘(1) zero; and 

23 ‘‘(2) the lesser of— 


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1 ‘‘(A) the value equal to the product of 0.93 

2 and the preceding calendar year’s average car3 bon intensity for qualified electric facilities; 

4 ‘‘(B) the value equal to the difference of— 

5 ‘‘(i) the preceding calendar year’s av6 erage carbon intensity for qualified electric 

7 facilities; minus 

8 ‘‘(ii) the product of 0.06 multiplied by 

9 calendar year 2023’s average carbon inten10 sity for qualified electric facilities; or 

11 ‘‘(C) a value set by the Administrator for 

12 purposes of this subsection to ensure that the 

13 aggregate quantity of greenhouse gas emissions 

14 from covered entities does not exceed the tar15 gets specified in section 702(a). 

16 ‘‘(b) QUALIFIED THERMAL FACILITIES.—During a 

17 calendar year, the Administrator shall distribute, on a con18 tinual basis, to a qualified thermal facility for each million 

19 British thermal units of useful thermal energy output pro20 duced by the qualified thermal facility a number of emis21 sion allowances (or fractions thereof) equal to the product 

22 of one multiplied by the greater of— 

23 ‘‘(1) zero; and 

24 ‘‘(2) the lesser of— 


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1 ‘‘(A) the value equal to the product of 0.93 

2 and the preceding calendar year’s average car3 bon intensity for qualified thermal facilities; 

4 ‘‘(B) the value equal to the difference of— 

5 ‘‘(i) the preceding calendar year’s av6 erage carbon intensity for qualified ther7 mal facilities; minus 

8 ‘‘(ii) the product of 0.06 multiplied by 

9 calendar year 2023’s average carbon inten10 sity for qualified thermal facilities; or 

11 ‘‘(C) a value set by the Administrator for 

12 purposes of this subsection to ensure that the 

13 aggregate quantity of greenhouse gas emissions 

14 from covered entities does not exceed the tar15 gets specified in section 702(a). 

16 ‘‘(c) QUALIFIED COGENERATION FACILITIES.—Dur17 ing a calendar year, the Administrator shall distribute, on 

18 a continual basis, to a qualified cogeneration facility— 

19 ‘‘(1) for each megawatt hour of electricity pro20 duced by the qualified cogeneration facility, a num21 ber of emission allowances (or fractions thereof) cal22 culated in accordance with subsection (a); and 

23 ‘‘(2) for each million British thermal units of 

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1 lowances (or fractions thereof) calculated in accord2 ance with subsection (b). 

3 ‘‘(d) ADJUSTED DISTRIBUTION FOR ENTERING INTO

4 CERTAIN AGREEMENTS.— 

5 ‘‘(1) IN GENERAL.—If an existing facility or a 

6 newly constructed low-emission facility enters into 

7 an agreement described in paragraph (2), then over 

8 the period of the agreement the Administrator shall 

9 distribute emission allowances to such facility in ac10 cordance with this subsection in lieu of subsection 

11 (a), (b), or (c). 

12 ‘‘(2) AGREEMENT.—An agreement described in 

13 this paragraph is a 10-year or longer bilateral agree14 ment signed after the date of enactment of this title 

15 between an existing qualified electric facility, an ex16 isting qualified thermal facility, or an existing quali17 fied cogeneration facility, and a newly constructed 

18 low-emission facility for the annual purchase of a 

19 specified amount of emission allowances. 

20 ‘‘(3) DEFINITIONS.—In this subsection: 

21 ‘‘(A) The term ‘existing’ means, with re22 spect to a facility, in operation as of the date 

23 of entry into an agreement described in para24 graph (2). 


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1 ‘‘(B) The term ‘existing facility’ means an 

2 existing qualified electric facility, an existing 

3 qualified thermal facility, or an existing quali4 fied cogeneration facility that is a party to an 

5 agreement described in paragraph (2). 

6 ‘‘(C) The term ‘newly constructed’ means 

7 that the facility involved did not produce elec8 tricity or useful thermal energy output prior to 

9 the date of entry into an agreement described 

10 in paragraph (2). 

11 ‘‘(D) The term ‘newly constructed low12 emission facility’ means a newly constructed 

13 qualified electric facility, a newly constructed 

14 qualified thermal facility, or a newly con15 structed qualified cogeneration facility that 

16 would emit a lesser quantity of greenhouse 

17 gases per megawatt hour of electricity or per 

18 million British thermal units of useful thermal 

19 energy output, as applicable, than the Adminis20 trator distributes to covered entities under sub21 section (a), (b), or (c), as applicable, in the first 

22 full calendar year during which the newly con23 structed facility operates and is a party to an 

24 agreement described in paragraph (2). 


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1 ‘‘(4) DISTRIBUTION OF ALLOWANCES TO AN

2 EXISTING FACILITY.— 

3 ‘‘(A) IN GENERAL.—For calendar years 

4 that are covered by an agreement described in 

5 paragraph (2), beginning with the first full cal6 endar year during which the newly constructed 

7 low-emission facility operates, the Adminis8 trator shall distribute, on a continual basis, to 

9 the existing facility— 

10 ‘‘(i) for megawatt hours of electricity 

11 or million British thermal units of useful 

12 thermal energy output, as applicable, pro13 duced by the existing facility that are cov14 ered by the agreement, a number of emis15 sion allowances that is equal to— 

16 ‘‘(I) such number of megawatt 

17 hours or million British thermal units, 

18 as applicable; multiplied by 

19 ‘‘(II) the average carbon inten20 sity for qualified electric facilities or 

21 the average carbon intensity for quali22 fied thermal facilities, as applicable, 

23 for such first full calendar year; and 

24 ‘‘(ii) for megawatt hours of electricity 

25 or million British thermal units of useful 


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1 thermal energy output, as applicable, pro2 duced by the existing facility exceeding 

3 those that are covered by the agreement, 

4 the number of emission allowances cal5 culated under subsection (a), (b), or (c), as 

6 applicable. 

7 ‘‘(B) CALCULATION OF MEGAWATT HOURS

8 OR MILLION BRITISH THERMAL UNITS COVERED

9 BY AGREEMENT.—For purposes of subpara10 graph (A), the number of megawatt hours of 

11 electricity or million British thermal units of 

12 useful thermal energy output, as applicable, 

13 produced by an existing facility that are covered 

14 by the agreement described in paragraph (2) 

15 shall be equal to— 

16 ‘‘(i) the number of emission allow17 ances sold to the existing facility pursuant 

18 to the agreement for the first full calendar 

19 year described in subparagraph (A), di20 vided by the difference of— 

21 ‘‘(I) the number of emission al22 lowances surrendered by the existing 

23 facility to the Administrator for such 

24 first full calendar year; minus 


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1 ‘‘(II) the number of emission al2 lowances distributed to the existing 

3 facility by the Administrator for such 

4 first full calendar year; multiplied by 

5 ‘‘(ii) the total number of megawatt 

6 hours of electricity or million British ther7 mal units of useful thermal energy output, 

8 as applicable, produced by the existing fa9 cility in such first full calendar year. 

10 ‘‘(5) DISTRIBUTION OF ALLOWANCES TO A

11 NEWLY CONSTRUCTED LOW-EMISSION FACILITY.— 

12 ‘‘(A) IN GENERAL.—For calendar years 

13 that are covered by an agreement described in 

14 paragraph (2), beginning with the first full cal15 endar year during which the newly constructed 

16 low-emission facility operates, the Adminis17 trator shall distribute, on a continual basis, to 

18 the newly constructed low-emission facility— 

19 ‘‘(i) for megawatt hours of electricity 

20 or million British thermal units of useful 

21 thermal energy output, as applicable, pro22 duced by the newly constructed low-emis23 sion facility that are covered by the agree24 ment, a number of emission allowances 

25 that is equal to— 


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1 ‘‘(I) such number of megawatt 

2 hours or million British thermal units 

3 of useful thermal energy output; mul4 tiplied by 

5 ‘‘(II) the average carbon inten6 sity for qualified electric facilities or 

7 the average carbon intensity for quali8 fied thermal facilities, as applicable, in 

9 such first full calendar year; and 

10 ‘‘(ii) for megawatt hours of electricity 

11 or million British thermal units of useful 

12 thermal energy output, as applicable, pro13 duced by the newly constructed low-emis14 sion facility exceeding those that are cov15 ered by the agreement, the number of 

16 emission allowances calculated under sub17 section (a), (b), or (c), as applicable. 

18 ‘‘(B) CALCULATION OF MEGAWATT HOURS

19 OR MILLION BRITISH THERMAL UNITS COVERED

20 BY AGREEMENT.—For purposes of subpara21 graph (A), the number of megawatt hours of 

22 electricity or million British thermal units of 

23 useful thermal energy output, as applicable, 

24 produced by a newly constructed low-emission 


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1 facility that are covered by the agreement de2 scribed in paragraph (2) shall be equal to— 

3 ‘‘(i) the number of emission allow4 ances sold to the existing facility pursuant 

5 to the agreement for the first full calendar 

6 year described in subparagraph (A), di7 vided by the difference of— 

8 ‘‘(I) the number of emission al9 lowances surrendered by the newly 

10 constructed low-emission facility to 

11 the Administrator for such first full 

12 calendar year; minus 

13 ‘‘(II) the number of emission al14 lowances distributed to the newly con15 structed low-emission facility by the 

16 Administrator for such first full cal17 endar year; multiplied by 

18 ‘‘(ii) the total number of megawatt 

19 hours of electricity or million British ther20 mal units of useful thermal energy output, 

21 as applicable, produced by the existing fa22 cility in such first full calendar year. 

23 ‘‘(6) CONDITIONS.—An existing facility or 

24 newly constructed low-emission facility may receive 

25 emission allowances under this subsection only if— 


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1 ‘‘(A) such facility provides the Adminis2 trator a copy of— 

3 ‘‘(i) the applicable bilateral agree4 ment; and 

5 ‘‘(ii) any amendment to such bilateral 

6 agreement within 30 days of the amend7 ment being made; and 

8 ‘‘(B) the Administrator certifies that allow9 ing the facility to maintain the bilateral agree10 ment is not impacting the ability to achieve the 

11 targets specified in section 702(a)— 

12 ‘‘(i) upon receiving the applicable bi13 lateral agreement, and at least once every 

14 5 years thereafter; and 

15 ‘‘(ii) upon receiving any amendment 

16 thereto. 

17 ‘‘SEC. 723. TRADING. 

18 ‘‘(a) PERMITTED TRANSACTIONS.—Except as other19 wise provided in this title, the lawful holder of an emission 

20 allowance may, without restriction, sell, exchange, trans21 fer, hold, or surrender to the Administrator, the emission 

22 allowance. 

23 ‘‘(b) IDENTIFICATION NUMBERS.—The Adminis24 trator shall assign to each emission allowance a unique 

25 identification number. 


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1 ‘‘(c) LEGAL STATUS OF EMISSION ALLOWANCES.— 

2 ‘‘(1) IN GENERAL.—An emission allowance dis3 tributed by the Administrator under this title does 

4 not constitute a property right. 

5 ‘‘(2) TERMINATION OR LIMITATION.—Nothing 

6 in this Act or any other provision of law shall be 

7 construed to limit or alter the authority of the 

8 United States to terminate or limit emission allow9 ances. 

10 ‘‘(3) OTHER PROVISIONS.—Except as otherwise 

11 specified in this Act, nothing in this Act relating to 

12 emission allowances distributed under this title shall 

13 affect the application of any other provision of law 

14 to a covered entity, or the responsibility for a cov15 ered entity to comply with any such provision of law. 

16 ‘‘(d) EFFECTIVENESS OF EMISSION ALLOWANCE

17 TRANSFERS.—No transfer of an emission allowance shall 

18 be effective for purposes of this title until a certification 

19 of the transfer, signed by the designated representative of 

20 the transferor, is received and recorded by the Adminis21 trator in accordance with regulations promulgated under 

22 section 729. 

23 ‘‘SEC. 724. VOLUNTARY PROGRAM PARTICIPATION. 

24 ‘‘(a) VOLUNTARY PROGRAM PARTICIPATION AS

25 QUALIFIED ELECTRIC FACILITY.— 


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1 ‘‘(1) IN GENERAL.—A generator that produces 

2 electricity with a rated capacity of less than 2 

3 megawatts may, in accordance with this subsection, 

4 elect to be classified as a qualified electric facility for 

5 purposes of this title. 

6 ‘‘(2) QUALIFICATION.—In order for a generator 

7 with a rated capacity of less than 2 megawatts to be 

8 classified as a qualified electric facility, the gener9 ator shall— 

10 ‘‘(A) submit a notification to the Adminis11 trator of the intention of the generator to elect 

12 to be classified as a qualified electric facility; 

13 ‘‘(B) receive approval of such classification 

14 from the Administrator; and 

15 ‘‘(C) designate a representative as required 

16 under section 727(b). 

17 ‘‘(3) APPROVAL.—Not later than 90 after re18 ceipt of a notification under paragraph (2)(A), the 

19 Administrator shall notify the applicable generator 

20 whether the Administrator approves or disapproves 

21 the classification of such generator as a qualified 

22 electric facility. 

23 ‘‘(4) CLASSIFICATION.—If a generator elects to 

24 be classified as a qualified electric facility pursuant 

25 to this subsection, such classification shall remain in 


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1 effect unless the facility produces no electricity over 

2 the previous calendar year. 

3 ‘‘(b) VOLUNTARY PROGRAM PARTICIPATION AS A

4 QUALIFIED THERMAL FACILITY.— 

5 ‘‘(1) IN GENERAL.—A generator that produces 

6 thermal energy with a rated fuel-based capacity of 

7 less than 50,000,000 British thermal units on a 

8 higher heating value basis per hour may, in accord9 ance with this subsection, elect to be classified as a 

10 qualified thermal facility for purposes of this title. 

11 ‘‘(2) QUALIFICATION.—In order for a generator 

12 that produces thermal energy with a rated fuel-based 

13 capacity of less than 50,000,000 British thermal 

14 units on a higher heating value basis per hour to be 

15 classified as a qualified thermal facility, the facility 

16 shall— 

17 ‘‘(A) have a rated fuel-based capacity of no 

18 less than 2,000,000 British thermal units on a 

19 higher heating value basis per hour; 

20 ‘‘(B) submit a notification to the Adminis21 trator of the intention of the generator to elect 

22 to be classified as a qualified thermal facility; 

23 ‘‘(C) receive approval of such classification 

24 from the Administrator; 


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1 ‘‘(D) report annually to the Administrator 

2 relevant information collected on type, quality, 

3 and quantity of fuel used for onsite useful ther4 mal energy output production, the quantity of 

5 useful thermal energy output, and the quantity 

6 of associated greenhouse gas emissions under 

7 section 713; and 

8 ‘‘(E) designate a representative as required 

9 under section 727(b). 

10 ‘‘(3) CLASSIFICATION.—If a generator that pro11 duces useful thermal energy output elects to be clas12 sified as a qualified thermal facility pursuant to this 

13 subsection, such classification shall remain in effect 

14 unless the facility— 

15 ‘‘(A) falls below a rated fuel-based capacity 

16 of 2,000,000 British thermal units on a higher 

17 heating value basis per hour; or 

18 ‘‘(B) produces no useful thermal energy 

19 output over the previous calendar year. 

20 ‘‘(c) VOLUNTARY PROGRAM PARTICIPATION AS

21 QUALIFIED COGENERATION FACILITY.— 

22 ‘‘(1) IN GENERAL.—A generator that simulta23 neously produces useful thermal energy output and 

24 electricity with a rated capacity of less than 2 

25 megawatts may, in accordance with this subsection, 


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1 elect to be classified as a qualified cogeneration fa2 cility for purposes of this title. 

3 ‘‘(2) QUALIFICATION.—In order for a generator 

4 that simultaneously produces useful thermal energy 

5 output and electricity with a rated capacity of less 

6 than 2 megawatts to be classified as a qualified co7 generation facility, the facility shall— 

8 ‘‘(A) submit a notification to the Adminis9 trator of the intention of the generator to elect 

10 to be classified as a qualified cogeneration facil11 ity; 

12 ‘‘(B) receive approval of the classification 

13 from the Administrator; 

14 ‘‘(C) report annually to the Administrator 

15 relevant information collected on type, quality, 

16 and quantity of fuel used for onsite useful ther17 mal energy output production, the quantity of 

18 useful thermal energy output, and the quantity 

19 of associated greenhouse gas emissions under 

20 section 713; and 

21 ‘‘(D) designate a representative as required 

22 under section 727(b). 

23 ‘‘(3) CLASSIFICATION.—If a generator elects to 

24 be classified as a qualified cogeneration facility pur25 suant to this subsection, such classification shall reVerDate Sep 11 2014 18:38 May 11, 2021 Jkt 019200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H1805.IH H1805

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1 main in effect unless the facility produces no elec2 tricity over the previous calendar year. 

3 ‘‘SEC. 725. PENALTY FOR NONCOMPLIANCE. 

4 ‘‘(a) CIVIL PENALTY.— 

5 ‘‘(1) IN GENERAL.—The owner or operator of a 

6 covered entity that fails to surrender an emission al7 lowance as required by section 721(a) shall be liable 

8 for payment to the Administrator of a penalty in the 

9 amount described in paragraph (2). 

10 ‘‘(2) AMOUNT.—The amount of a penalty under 

11 paragraph (1) shall be equal to the product of— 

12 ‘‘(A) twice the highest monetary value (as 

13 indicated by the emission allowance tracking 

14 system established pursuant to section 726 over 

15 the previous calendar year) for the sale or 

16 transfer of an emission allowance; multiplied by 

17 ‘‘(B) the number of emission allowances 

18 which the owner or operator of the covered enti19 ty failed to surrender as described in paragraph 

20 (1). 

21 ‘‘(3) TIMING.—A penalty required under this 

22 subsection shall be immediately due and payable to 

23 the Administrator, without demand, in accordance 

24 with regulations promulgated under section 729. 


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1 ‘‘(4) NO EFFECT ON LIABILITY.—A penalty due 

2 and payable by the owners or operators of a covered 

3 entity under this subsection shall not diminish the li4 ability of the owners or operators for any fine, pen5 alty, or assessment against the owners or operators 

6 for the same violation under any other provision of 

7 this Act or any other law. 

8 ‘‘(b) REPLACEMENT EMISSION ALLOWANCES.—The 

9 owner or operator of a covered entity that fails to sur10 render one or more emission allowances as required by sec11 tion 721(a) for a calendar year shall surrender a quantity 

12 of emission allowances that is equal to the quantity the 

13 covered entity failed to surrender (in addition to the emis14 sion allowances otherwise required to be surrendered) by 

15 the April 1st deadline of the second succeeding calendar 

16 year. 

17 ‘‘SEC. 726. EMISSION ALLOWANCE TRACKING SYSTEM. 

18 ‘‘The regulations promulgated under section 729 

19 shall provide for— 

20 ‘‘(1) the establishment of a system to distribute 

21 emission allowances to covered entities; 

22 ‘‘(2) a process to create accounts in which cov23 ered entities and any other entities that buy or sell 

24 emission allowances may hold emission allowances; 


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1 ‘‘(3) the establishment of an emission allowance 

2 tracking system to track— 

3 ‘‘(A) the number of emission allowances 

4 transferred; 

5 ‘‘(B) the price or monetary value for which 

6 emission allowances are transferred; 

7 ‘‘(C) the date of each such transfer; 

8 ‘‘(D) the parties involved in the transfer; 

9 and 

10 ‘‘(E) any additional information the Ad11 ministrator determines necessary for each such 

12 transfer; and 

13 ‘‘(4) the publication by the Administrator on 

14 the internet of— 

15 ‘‘(A) a weekly summary of average prices 

16 of emission allowances weighted by transaction 

17 size, the total number of emission allowances 

18 traded, and any other additional information 

19 determined by the Administrator as necessary 

20 for the orderly and competitive functioning of 

21 any emission allowance market; 

22 ‘‘(B) the number of emission allowances 

23 distributed by the Administrator under section 

24 722 each month to qualified electric facilities; 


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1 ‘‘(C) the number of emission allowances 

2 distributed by the Administrator under section 

3 722 each month to qualified thermal facilities; 

4 ‘‘(D) the number of emission allowances 

5 distributed by the Administrator under section 

6 722 each month to qualified cogeneration facili7 ties; 

8 ‘‘(E) the number of emission allowances 

9 distributed by the Administrator under section 

10 722 during a calendar year that are held by 

11 qualified electric facilities at the end of each 

12 month; 

13 ‘‘(F) the number of emission allowances 

14 distributed by the Administrator under section 

15 722 during a calendar year that are held by 

16 qualified thermal facilities at the end of each 

17 month; 

18 ‘‘(G) the number of emission allowances 

19 distributed by the Administrator under section 

20 722 during a calendar year that are held by 

21 qualified cogeneration facilities at the end of 

22 each month; 

23 ‘‘(H) the number of emission allowances 

24 distributed by the Administrator under section 

25 722 during a calendar year that are held by enVerDate Sep 11 2014 18:38 May 11, 2021 Jkt 019200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H1805.IH H1805

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1 tities other than covered entities at the end of 

2 each month; 

3 ‘‘(I) the number of emission allowances 

4 surrendered to the Administrator each year by 

5 qualified electric facilities; 

6 ‘‘(J) the number of emission allowances 

7 surrendered to the Administrator each year by 

8 qualified thermal facilities; and 

9 ‘‘(K) the number of emission allowances 

10 surrendered to the Administrator each year by 

11 qualified cogeneration facilities. 

12 ‘‘SEC. 727. OTHER PROGRAM RULES. 

13 ‘‘(a) THRESHOLD REVIEW.—For each category of 

14 covered entities listed in section 701(5), the Adminis15 trator— 

16 ‘‘(1) in 2025, and once every 5 years thereafter, 

17 shall review the threshold for electricity or useful 

18 thermal energy output production that is used to de19 fine covered entities in such category; and 

20 ‘‘(2) may by rule lower such threshold after 

21 consideration of— 

22 ‘‘(A) greenhouse gas emissions from cov23 ered entities in such category, and from other 

24 entities of the same type that produce less elec25 tricity or useful thermal energy output (includVerDate Sep 11 2014 18:38 May 11, 2021 Jkt 019200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H1805.IH H1805

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1 ing greenhouse gas emission sources that com2 mence operation after the date of enactment of 

3 this title that are not covered entities); and 

4 ‘‘(B) whether greater greenhouse gas emis5 sion reductions can be cost-effectively achieved 

6 by lowering the applicable threshold. 

7 ‘‘(b) DESIGNATED REPRESENTATIVES.—The regula8 tions promulgated under section 729 shall require that 

9 each covered entity, and each entity holding an emission 

10 allowance or receiving an emission allowance from the Ad11 ministrator under this title, submit to the Administrator 

12 a certificate of representation designating a designated 

13 representative. 

14 ‘‘(c) SAVINGS PROVISION.—Nothing in this title shall 

15 be construed— 

16 ‘‘(1) as requiring a change of any kind in any 

17 State law regulating electric utility rates and 

18 charges, or as affecting any State law regarding 

19 such State regulation, or as limiting State regulation 

20 (including any prudency review) under such a State 

21 law; 

22 ‘‘(2) as modifying the Federal Power Act or as 

23 affecting the authority of the Federal Energy Regu24 latory Commission under that Act; or 


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1 ‘‘(3) as interfering with or impairing any pro2 gram for competitive bidding for power supply in a 

3 State in which such a program is established. 

4 ‘‘(d) POSITION LIMITS.— 

5 ‘‘(1) IN GENERAL.—The regulations promul6 gated under section 729 shall limit the number of 

7 emission allowances that an entity may hold at any 

8 time in a calendar year. 

9 ‘‘(2) LIMITS.—The Administrator, in consulta10 tion with the Commodity Futures Trading Commis11 sion, shall set limits under paragraph (1)— 

12 ‘‘(A) on the number of emission allowances 

13 distributed in a calendar year that an entity 

14 may hold in such calendar year; 

15 ‘‘(B) on the total number of emission al16 lowances that an entity may hold in a calendar 

17 year; 

18 ‘‘(C) so that no entity may at any time 

19 hold a number of emission allowances that may 

20 influence the price of emission allowances; and 

21 ‘‘(D) in a manner that will ensure ade22 quate liquidity for buyers and sellers of emis23 sion allowances. 

24 ‘‘(e) STATUS OF SURRENDERED EMISSION ALLOW25 ANCES.—Once an emission allowance is surrendered to the 


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1 Administrator under this title, the emission allowance 

2 shall be disqualified from subsequent use under this title, 

3 including subsequent sale, exchange, or submission. 

4 ‘‘(f) ORDERLY AND COMPETITIVE MARKET.—The 

5 regulations promulgated under section 729 shall specify 

6 all procedures and requirements necessary for the orderly 

7 and competitive functioning of any emission allowance 

8 market. 

9 ‘‘SEC. 728. OVERSIGHT. 

10 ‘‘(a) IN GENERAL.—Not later than January 1, 2023, 

11 and every 2 years thereafter, the Comptroller General of 

12 the United States shall submit to Congress a report on— 

13 ‘‘(1) the results of implementation of this title; 

14 and 

15 ‘‘(2) the progress in meeting the targets speci16 fied in section 702(a). 

17 ‘‘(b) CONTENTS.—Each report under subsection (a) 

18 shall include— 

19 ‘‘(1) a comprehensive evaluation of— 

20 ‘‘(A) the efficiency, transparency, and 

21 soundness of the distribution of emission allow22 ances under this title, and the Federal thermal 

23 energy reporting program; 


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1 ‘‘(B) the cost-effectiveness of this title in 

2 achieving the targets specified in section 

3 702(a); and 

4 ‘‘(C) the effectiveness of this title in facili5 tating the deployment of additional zero-carbon 

6 electricity capacity and useful thermal energy 

7 output capacity; and 

8 ‘‘(2) recommendations, if any, for legislative, 

9 regulatory, or administrative changes with respect to 

10 this title to improve its effectiveness and to reduce 

11 or eliminate any identified waste, fraud, or abuse. 

12 ‘‘(c) ADDITIONAL CONTENTS.—Each report under 

13 subsection (a) shall address the effectiveness of this title 

14 in— 

15 ‘‘(1) creating and preserving jobs; 

16 ‘‘(2) ensuring a manageable transition to a 

17 zero-emission economy for working families and 

18 workers; 

19 ‘‘(3) reducing, or enhancing sequestration of, 

20 greenhouse gases; 

21 ‘‘(4) developing clean technologies; and 

22 ‘‘(5) maintaining a liquid market for emission 

23 allowances. 


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1 ‘‘SEC. 729. REGULATIONS. 

2 ‘‘Except as otherwise specified in this title, the Ad3 ministrator shall promulgate final regulations to carry out 

4 this title not later than 24 months after the date of enact5 ment of this title. 

6 ‘‘SEC. 730. SAVINGS PROVISIONS. 

7 ‘‘Nothing in this title shall be interpreted to relieve 

8 any person from complying with any requirement of an9 other title of this Act.’’. 

Æ 


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