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Comparison of HFC Phasing Down Bills: House (H.R. 5544) vs. Senate (S. 2754), Study notes of Innovation

A detailed comparison of the house and senate versions of legislation phasing down hfcs. The similarities and differences between the two bills, including minor technical variations and organizational changes. The document also highlights the substantive equivalence of the two bills and their impact on the type of program epa would implement and administer.

Typology: Study notes

2021/2022

Uploaded on 09/12/2022

lalitdiya
lalitdiya 🇺🇸

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Comparison of House and Senate Bills
The House and Senate versions of legislation phasing down HFCs are substantively equivalent,
with some differences in structure, organization, and style.
There are several minor differences that are mostly technical in nature, which are summarized
below. But these differences are not likely to be material in terms of the type of program EPA
would implement and administer under both versions of the bill.
House
Senate
Section 1. Short Title
The American Innovation and
Manufacturing Leadership Act (H.R.
5544)
Section 1. Short Title
The American Innovation and
Manufacturing Act (S. 2754)
Section 2. Definitions
The House bill does not include any
findings. The Sense of Congress is
found in Section 6 on the
Management of Regulated
Substances.
The House bill adds definitions of the
terms destroy, export, person, and
United States. The definitions are
consistent with the terms' usage in
both bills.
Section 2. Findings; Sense of Congress
The findings recite the economic
benefits of an HFC phase down, which
are not included in the House bill.
The Sense of Congress refers to
servicing and training issues; this
Sense of Congress is found in Section
6 of the House bill.
Section 3. Listing of Regulated Substances
This section is effectively the same as
Section 4 of the Senate bill, listing the
exact same HFCs.
Section 3. Definitions
This section is effectively the same as
the House bill, save for the House
bill’s addition of several definitions, as
noted above.
Section 4. Monitoring and Reporting
Requirements
The House bill contains several
additional reporting requirements for
the baseline period of 2011 to 2013
but is otherwise effectively the same
as the Senate bill.
Section 4. Listing of Regulated Substances
This section is effectively the same as
Section 3 of the House bill.
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Comparison of House and Senate Bills

The House and Senate versions of legislation phasing down HFCs are substantively equivalent, with some differences in structure, organization, and style. There are several minor differences that are mostly technical in nature, which are summarized below. But these differences are not likely to be material in terms of the type of program EPA would implement and administer under both versions of the bill. House Senate Section 1. Short Title

  • The American Innovation and Manufacturing Leadership Act (H.R.
     **_Section 1. Short Title_** - The American Innovation and Manufacturing Act (S. 2754) 

Section 2. Definitions

  • The House bill does not include any findings. The Sense of Congress is found in Section 6 on the Management of Regulated Substances.
  • The House bill adds definitions of the terms destroy, export, person, and United States. The definitions are consistent with the terms' usage in both bills. Section 2. Findings; Sense of Congress
  • The findings recite the economic benefits of an HFC phase down, which are not included in the House bill.
  • The Sense of Congress refers to servicing and training issues; this Sense of Congress is found in Section 6 of the House bill. Section 3. Listing of Regulated Substances
  • This section is effectively the same as Section 4 of the Senate bill, listing the exact same HFCs. Section 3. Definitions
  • This section is effectively the same as the House bill, save for the House bill’s addition of several definitions, as noted above. Section 4. Monitoring and Reporting Requirements
  • The House bill contains several additional reporting requirements for the baseline period of 2011 to 2013 but is otherwise effectively the same as the Senate bill. Section 4. Listing of Regulated Substances
  • This section is effectively the same as Section 3 of the House bill.

Section 5. Phasedown of Regulated Substances

  • This section includes subsections on the baselines, phase down program, trading, schedule, essential use exceptions, and exports.
  • Some of these subsections were in separate sections in the Senate bill, which is why the House bill has fewer overall sections.
  • The subsection on trading is intended to cover both domestic and international transfers, which is why there is no equivalent to Section 11 of the Senate bill, which covered international trading.
  • The prohibition on exporting to countries not phasing down HFCs, found in Section 11 of the Senate bill, is in subsection 5(f) of the House bill.
  • Notwithstanding these organizational changes, it is substantively the same phase down program. Section 5. Monitoring and Reporting Requirements - This section is effectively the same as Section 4 of the House bill. Section 6. Management of Regulated Substances
  • This section is more explicit than the equivalent Section 9 of the Senate bill in indicating it applies just to refrigerants and not to other uses of regulated substances, such as foams. Section 6. Phase-Down of Production and Consumption of Regulated Substances
  • This section is effectively the same as subsections (a) and (b) of Section 5 of the House bill. Section 7. Technology Transfer
  • This section is effectively the same as the equivalent Section 10 of the Senate bill. Section 7. Accelerated Schedule
  • This section is effectively the same as subsection 5(d) of the House bill. Section 8. Rulemaking Authority
  • This section is effectively the same as the equivalent Section 12 of the Senate bill. Section 8. Exchange Authority
  • This section is effectively the same as subsection 5(c) of the House bill.