Data Dump: What’s In The Cap And Tax Bill?

I made the mistake of going over to Thomas and skimming through the majority of the climate change OMG WE’RE ALL GOING TO DIE IF THIS ISN’T PASSED! THINK OF THE CHILDREN (they didn’t think of the children when they passed Porkulus) MANKIND IS BAD SAVE THE WORLD NOW monstrosity of a legislative bill. Here is the link, though, you may have to search for H.R. 2454, the links change at times.

This thing is so long that I had to go back and restart the text of it, as it timed out 5 times (that happens at Thomas). I can’t say I actually read it, but, sure skimmed quite a bit, though, I do not think the 300 page attachement is included yet in the text of the bill. That’s where the pork probably lies.

I’m going to give you a slightly disjointed data dump, in some cases long passages, in others just things I saw. Since it is long and rambling, click on the inline more tag


      (a) Immunity From Impairment, Limitation, or Restriction-

            (1) IN GENERAL- All rights and remedies of the Administration (including any rights and remedies of the Administration on, under, or with respect to any mortgage or any obligation secured by a mortgage) shall be immune from impairment, limitation, or restriction by or under–

                  (A) any law (other than a law enacted by Congress expressly in limitation of this paragraph) that becomes effective after the acquisition by the Administration of the subject or property on, under, or with respect to which the right or remedy arises or exists or would so arise or exist in the absence of the law; or

                  (B) any administrative or other action that becomes effective after the acquisition.

            (2) STATE LAW- The Administrator of the Administration may conduct the business of the Administration without regard to any qualification or law of any State relating to incorporation.

I’m giving you the whole section to understand how this unknown “Administrator” can completely ignored the 10th Amendment.


       (a) Findings- The Congress finds that–

            (1) the utility sector is the largest single source of greenhouse gas emissions in the United States today, producing approximately one-third of the country’s emissions;

            (2) heating and cooling homes accounts for nearly 60 percent of residential electricity usage in the United States;

            (3) shade trees planted in strategic locations can reduce residential cooling costs by as much as 30 percent;

            (4) shade trees have significant clean-air benefits associated with them;

            (5) every 100 healthy large trees removes about 300 pounds of air pollution (including particulate matter and ozone) and about 15 tons of carbon dioxide from the air each year;

            (6) tree cover on private property and on newly-developed land has declined since the 1970s, even while emissions from transportation and industry have been rising; and

            (7) in over a dozen test cities across the United States, increasing urban tree cover has generated between two and five dollars in savings for every dollar invested in such tree planting.

      (b) Definitions- As used in this section:

            (1) The term `Secretary’ refers to the Secretary of Energy.

            (2) The term `retail power provider’ means any entity authorized under applicable State or Federal law to generate, distribute, or provide retail electricity, natural gas, or fuel oil service.

            (3) The term `tree-planting organization’ means any nonprofit or not-for-profit group which exists, in whole or in part, to–

                  (A) expand urban and residential tree cover;

                  (B) distribute trees for planting;

                  (C) increase awareness of the environmental and energy-related benefits of trees;

                  (D) educate the public about proper tree planting, care, and maintenance strategies; or

                  (E) carry out any combination of the foregoing activities.

            (4) The term `tree-siting guidelines’ means a comprehensive list of science-based measurements outlining the species and minimum distance required between trees planted pursuant to this section, in addition to the minimum required distance to be maintained between such trees and

                  (A) building foundations;

                  (B) air conditioning units;

                  (C) driveways and walkways;

                  (D) property fences;

                  (E) preexisting utility infrastructure;

                  (F) septic systems;

                  (G) swimming pools; and

                  (H) other infrastructure as deemed appropriate.

Very long section that tells us trees ROCK! And they do. And the Congress of the United States of America has its collective minds. Because trees rock, they have now given the Secretary of Energy the power, and mandate, to create tree planting and public education programs, not to mention federal jobs for people to go around and plant them, as well as maintain them. Oh, and jobs for people to go around and make sure, look at (4) in bold, that trees are in certain places. Nanny State, anyone? If only they were as worried about temperature monitoring stations being far enough away for objects that cause their data to be skewed to the high side. Want to plant a tree on your property? The Government will tell you where you may put it. Or you will be fined.




(h) Inclusion of Carbon Output on Appliance `Energyguide’ Labels

They’re coming after your TVs, your furnaces, your blenders, you name it. And there is a requirement that CO2 output be part of the labels on appliances. More cost.


      `(a) Jurisdiction- The United States district courts shall have jurisdiction to restrain–

            `(1) any violation of section 332; and

            `(2) any person from distributing in commerce any covered product which does not comply with an applicable rule under section 324 or 325.

      `(b) Authority- Any action referred to in subsection (a) shall be brought by the Commission or by the attorney general of a State in the name of the State, except that–

            `(1) any such action to restrain any violation of section 332(a)(3) which relates to requirements prescribed by the Secretary or any violation of section 332(a)(4) which relates to request of the Secretary under section 326(b)(2) shall be brought by the Secretary; and

            `(2) any violation of section 332(a)(5) or 332(a)(7) shall be brought by the Secretary or by the attorney general of a State in the name of the State.

Los Nanny Staters can come after you legally, and supersede all State law while doing it. Section 332 is about hydrofluorocarbons. There doesn’t seem to be a section 324 or 325 that I can find.


      (a) In General- There is established within the Environmental Protection Agency a WaterSense program to identify and promote water efficient products, buildings and landscapes, and services in order–

            (1) to reduce water use;

            (2) to reduce the strain on water, wastewater, and stormwater infrastructure;

            (3) to conserve energy used to pump, heat, transport, and treat water; and

            (4) to preserve water resources for future generations,

      through voluntary labeling of, or other forms of communications about, products, buildings and landscapes, and services that meet the highest water efficiency and performance standards.

      (b) Duties- The Administrator shall–

            (1) promote WaterSense labeled products, buildings and landscapes, and services in the market place as the preferred technologies and services for–

                  (A) reducing water use; and

                  (B) ensuring product and service performance;

            (2) work to enhance public awareness of the WaterSense label through public outreach, education, and other means;

            (3) establish and maintain performance standards so that products, buildings and landscapes, and services labeled with the WaterSense label perform as well or better than their less efficient counterparts;

            (4) publicize the need for proper installation and maintenance of WaterSense products by a licensed, and where certification guidelines exist, WaterSense-certified professional to ensure optimal performance;

They’re coming after your water usage. They’ll bombard you with Nanny State ads about your water usage. They’re coming after your dishwashers and washing machines, your faucets, your toilets, vis a vis “performance standards.” They will also push to make sure that only professionally liscensed people work on everything water. Costs go up.


      (a) Definitions- In this section:

            (1) AGENCY- The term `Agency’ means the Environmental Protection Agency.

            (2) WOOD STOVE OR PELLET STOVE- The term `wood stove or pellet stove’ means a wood stove, pellet stove, or fireplace insert that uses wood or pellets for fuel.

They’re coming after your fireplaces.


      `(a) Greenhouse Gases- For purposes of this title, the following are greenhouse gases:

            `(1) Carbon dioxide.

            `(2) Methane.

            `(3) Nitrous oxide.

            `(4) Sulfur hexafluoride.

            `(5) Hydrofluorocarbons from a chemical manufacturing process at an industrial stationary source.

            `(6) Any perfluorocarbon.

            `(7) Nitrogen trifluoride.

            `(8) Any other anthropogenic gas designated as a greenhouse gas by the Administrator under this section.

Trips to the dentists will be more expensive if you want Nitrous Oxide, or, maybe dentists will just do away with it, due to the certain coming cost of maintaining the paperwork. If Los Federales allow dentists to even keep it. And notice that last part. the Administrator can designate whatever he wants as a bad gas. Sulfer hexafluoride has many applications, and regulation will drive your costs up. Nitrogen trifluoride is used in flat screen displays. Perfluorocarbon’s have many medical uses, as well as in electrical devices and cosmetics. Cost. Go. Up.


That part is simply assumed to be in regards to the cap and trade licenses, but, it does not specifically say it, so, Government could restrict your “emissions.” Disturbing, since it is followed by

Part H sections 783-787 coming after electricity, natural gas, home heating oil and propage, refineries

$$$$$$$$ goes up.


      `Notwithstanding section 116, no State or political subdivision thereof shall implement or enforce a cap and trade program that covers any capped emissions emitted during the years 2012 through 2017. For purposes of this section, the term `cap and trade program’ means a system of greenhouse gas regulation under which a State or political subdivision issues a limited number of tradable instruments in the nature of emission allowances and requires that sources within its jurisdiction surrender such tradeable instruments for each unit of greenhouse gases emitted during a compliance period. For purposes of this section, a `cap-and-trade program’ does not include a target or limit on greenhouse gas emissions adopted by a State or political subdivision that is implemented other than through the issuance and surrender of a limited number of tradable instruments in the nature of emission allowances, nor does it include any other standard, limit, regulation, or program to reduce greenhouse gas emissions that is not implemented through the issuance and surrender of a limited number of tradeable instruments in the nature of emission allowances. For purposes of this section, the term `cap and trade program’ does not include, among other things, fleet-wide motor vehicle emission requirements that allow greater emissions with increased vehicle production, or requirements that fuels, or other products, meet an average pollution emission rate or lifecycle greenhouse gas standard.

Yet another part which supersedes the 10th Amendment.


Somewhere, they are going to find money to give out tons more tax credits, supposedly to offset the massively higher costs to you, the American consumer, but, only if you do what they want you to do, buy what they want you to buy. Even more control of your lives.

Subtitle D–Exporting Clean Technology

Oh, good, you and I are going to be paying for the rest of the world now, too.

My brain hurts again from going through the material. So, check out

More to come late. But, to repeat what I Twittered a few times yesterday, any Congress Critter who voted for this should start to live the life, get rid of any vehicle that gets below 40mpg, and should have to buy and drive those micro-mobiles, if not walk or take a bike to work. Or, take the DC Metro. No drivers for them, no limo’s. Fly coach, or, better yet, take the train or bus, home.

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5 Responses to “Data Dump: What’s In The Cap And Tax Bill?”

  1. Gah! This bill is worse than I thought!

  2. Ellen K says:

    This administration is intent on implementing its policies BEFORE midterms, because they know they will lose some seats with these bills. So they are trying to lock in all of their socialist “green” agendas before then. That is why opposition forces are not only not allowed to participate in the writing of bills, but not even permitted to SEE them until just hours prior to the vote. Had Republicans done this, there would be blood on the Senate floor. But because the kinder, gentler, and oh so television worthy celebrity president wants it, silence and crickets rule. It is time to take a page from the ACORN playbook. We need to start the boiler room type calling banks with lists of Blue Dog conservative Democrats that are on the fence, lie to them and say we live in their district and make our points. That is what ACORN, Moveon and countless other liberal groups have done. It’s time to fight fire with fire. Make these fencesitters take a stand.

  3. FireWolf says:

    WT- Since you’re on the east coast and closer to D.C. than I am, it’s my hope that when the StormTroopers in Washington start kicking down doors of citizens in order to force compliance, that you’ll let us know first ok? 🙂

    Thanks buddy!

  4. Wait till they add the other 300 pages, Always on Watch! And the pork promises they made on the floor!

    If only the GOP would play hardball, Ellen K. We’ve been waiting and waiting and waiting.

    Sheesh, there is little point in adding something a little stronger to offset my little .22 for protection, FireWolf. Can’t get the ammo. Heck, I can rarely get the .22 ammo I like.

  5. […] is certain to include language similar to what ended up in the House cap and tax bill, which, in Section 189(a)(2) made it clear that any State law could be […]

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