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Calling all wonks to read the bill:

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beachmom Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-10 04:34 PM
Original message
Calling all wonks to read the bill:
http://kerry.senate.gov/americanpoweract/pdf/APAbill.pdf

A MOther Jones reporter is saying it strips the EPA of authority of carbon dioxide emissions. Kerry said differently on Grist. I simply am not qualified (nor have the huge amount of time) to sift through a 1,000 bill. If I knew what page to look at, that would help. But I got lost just reading the table of contents.
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Mass Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-10 04:48 PM
Response to Original message
1. As I understood Kerry's article, the bill preserves most EPA authority,
and but makes sure that there are not multiple rulings that are hard for companies to follow. I am not sure what the implications are, but I know that the EPA is a political tool. For now, it is working as it should, but for the previous 8 years, it was useless or even hurtful. To some point, it is better to have his role mandated by law.

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MH1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-10 08:09 PM
Response to Original message
2. Well, the first thing we need to do
is get someone to convert that pdf into one that actually has a working Table of Contents ... with links to go to the pages and stuff ... that's been available in Acrobat for only like version f**** 3.0 and we are on 9.whatever now ....:grr:

Oh sorry for the diversion there but anyway it looks like it should be section 2502, "Enforcement". Now to find the friggin' page that's on....

Or, it could be covered in any one of the gajillion sections having to do with greenhouse gas regulation and emissions trading markets. Sigh. To be honest I do NOT see that it is helpful to make this stuff so complex. The only reason I am even willing to trust Kerry a little on this (well besides that it's Kerry), is because supposedly a similar approach was taken successfully with sulfur and acid rain. But to me there IS a value in simplicity and that is a major advantage of a carbon tax. But there's that 't' word so we can forget simplicity, sigh.
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MH1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-10 08:14 PM
Response to Reply #2
3. Okay sec 2502 starts on page 674
and a couple pages down starts with the changes to the Clean Air Act.

but my eyes glazed over when I tried to read it. Maybe tomorrow. Or some night when I just can't get to sleep any other way.
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beachmom Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-13-10 09:10 AM
Response to Reply #3
4. Thanks, MH1. Unfortunately, this is not a bill a layman can read.
Why? Because we would also have to go to the original Clean Air Act to compare. Here is an example of the gobbledy gook in the bill:

(b) PETITION FOR RECONSIDERATION.—Section
6 307(d)(7)(B) of the Clean Air Act (42 U.S.C.
7 7607(d)(7)(B)) is amended—
8 (1) by inserting after the second sentence the
9 following: ‘‘If a petition for reconsideration is filed,
10 the Administrator shall take final action on the peti11
tion, including promulgation of final action revising
12 or determining not to revise the action for which re13
consideration is sought, not later than 150 days
14 after the date on which the petition is received by
15 the Administrator, or the petition shall be deemed to
16 be denied for the purpose of judicial review.’’; and
17 (2) by striking ‘‘If the Administrator refuses to
18 convene such a proceeding, such person may seek re19
view of such refusal in the United States court of
20 appeals for the appropriate circuit (as provided in
21 subsection (b) of this section).’’ and inserting the
22 following: ‘‘The person may seek judicial review of
23 such a denial, or of any other final action, by the
24 Administrator, in response to a petition for reconsid25
eration, in the United States Court of Appeals for
677
O:\END\END10542.xml S.L.C.
1 the appropriate circuit (as provided in subsection
2 (b)).’’.
3 SEC.

SEC. 2503. CONFORMING AMENDMENTS.
4 (a) FEDERAL ENFORCEMENT.—Section 113 of the
5 Clean Air Act (42 U.S.C. 7413) is amended—
6 (1) in subsection (a)(3), by striking ‘‘or title
7 VI,’’ and inserting ‘‘title VI, title VII, or title VIII’’;
8 (2) in subsection (b)—
9 (A) in the matter preceding paragraph (1),
10 by striking ‘‘or a major stationary source’’ and
11 inserting ‘‘a major stationary source, covered
12 entity, or covered EGU under title VIII’’; and
13 (B) in paragraph (2), by striking ‘‘or title
14 VI’’ and inserting ‘‘title VI, title VII, or title
15 VIII’’;
16 (3) in subsection (c)—
17 (A) in the first sentence of paragraph (1),
18 by striking ‘‘or title VI (relating to strato19
spheric ozone control),’’ and inserting ‘‘title VI,
20 title VII, or title VIII,’’; and
(B) in the first sentence of paragraph (3),
22 by striking ‘‘or VI’’ and inserting ‘‘VI, VII, or
23 VIII’’;
24 (4) in subsection (d)(1)(B), by striking ‘‘or VI’’
25 and inserting ‘‘VI, VII, or VIII’’;
(5) in subsection (f), in the first sentence, by
2 striking ‘‘or VI’’ and inserting ‘‘VI, VII, or VIII’’;
3 and
4 (6) by adding at the end the following:
5 ‘‘(i) DEFINITION OF ADMINISTRATOR.—In this sec6
tion, the term ‘Administrator’ includes the head of a Fed7
eral agency responsible for administering provisions of
8 title VII with respect to the provisions.’’.
9 (b) INSPECTIONS, MONITORING, AND ENTRY.—Sec10
tion 114(a) of the Clean Air Act (42 U.S.C. 7414(a)) is
11 amended by striking ‘‘purpose (i)’’ and all that follows
12 through ‘‘(iii)’’ and inserting ‘‘purpose of developing or as13
sisting in the development of any implementation plan
14 under section 110 or 111(d), any standard of performance
15 under section 111, any emission standard under section
16 112, or any regulation under title VII or VIII, for the pur17
pose of determining whether any person is in violation of
18 any such standard or any requirement of such a plan, or
19 for the purpose of’’.
20 ((c) ENFORCEMENT.—Section 304(f) of the Clean Air
21 Act (42 U.S.C. 7604(f)) is amended—
22 (1) in paragraph (3), by striking ‘‘or’’ at the
23 end;
24 (2) in paragraph (4), by striking the period at
25 the end and inserting ‘‘; or’’; and
679
O:\END\END10542.xml S.L.C.
1 (3) by adding at the end the following:
2 ‘‘(5) any requirement of title VII or VIII,’’.
3 (d) ADMINISTRATIVE PROCEEDINGS AND JUDICIAL
4 REVIEW.—Section 307 of the Clean Air Act (42 U.S.C.
5 7607) is amended—
6 (1) in subsection (a), by striking ‘‘, or section
7 306’’ and inserting ‘‘section 306, or title VII or
8 VIII’’;
9 (2) in subsection (b)(1)—
10 (A) by striking ‘‘,,’’ and inserting ‘‘,’’ in
11 each place it appears; and
12 (B) in the first sentence, by striking ‘‘, or
13 under section 120,’’ and inserting ‘‘or 120, any
14 final action under title VII or VIII,’’;
15 (3) in subsection (d)(1), by striking subpara16
graph (S) and inserting the following:
17 ‘‘(S) the promulgation or revision of any
18 regulation under title VII or VIII,’’; and
19 (4) by adding at the end the following:
20 ‘‘(i) DEFINITION OF ADMINISTRATOR.—In this sec21
tion, the term ‘Administrator’ includes the head of a Fed22
eral agency responsible for administering provisions of
23 title VII with respect to the provisions.’’.


I'm not even going to format the darn thing. A big giant WTF?????? How can citizens possibly figure out this bill????!!!???? Do I trust Senator Kerry or the writer at Mother Jones? Who the bleep knows?
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MH1 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-13-10 11:57 AM
Response to Reply #4
5. You point out something that has bothered me for a long time
I am starting to develop a 'manifesto' of sorts (ok, so far it is in my head, but I will write it down one of these days) of how, if I were queen for a day, I would completely overhaul the legislative process to make it a) more transparent and b) far more cost-effective. However after trying to follow Congress for a few years now I have noticed, as you may have also, that transparency and cost-effectiveness are NOT primary goals of our legislators. I would say #1 goal is a process whereby individual legislators can make themselves appear to actually be doing something useful, when in fact very little that is beneficial actually comes out of Congress.

:banghead:

or 'I share your pain'
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ProSense Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-13-10 12:01 PM
Response to Original message
6. Good news:
collective statement from 22 environmental groups.

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ProSense Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-14-10 11:53 AM
Response to Original message
7. Great analysis
Found at Grist and posted here.

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Mass Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-14-10 02:00 PM
Response to Original message
8. More here on other problems with the bill. Rather than reassuring the right and the energy
Edited on Fri May-14-10 02:10 PM by Mass
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karynnj Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-14-10 03:03 PM
Response to Reply #8
9. On the pbn link, here is a BG op-ed by an environmental economist on why the nationwide only
Edited on Fri May-14-10 03:05 PM by karynnj
program makes sense here.

http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/04/22/all_states_need_to_embrace_bipartisan_climate_bill/

In the case of the second one, Kerry's staff clearly needs to reach out to this doctor. His interpretation is inaccurate in that Kerry's plan does NOT increase air pollution. Clearly, he has read inaccurate accounts that it "guts the clean air act" - which it doesn't. The ONLY part of the clean air act that it affects is carbon dioxide. There, the EPA has not yet started to control it - but they will if no bill passes. Kerry's Ghrist op-ed did address this.
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