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Carbon Finance North America Workshop NYC Catherine A. Lee, Esq. Consultant to Maine DEP June 15, 2007 The Nation’s First GHG Cap and Trade Program www.gcglaw.com www.go- worldlee.com

Carbon Finance North America Workshop NYC Catherine A. Lee, Esq. Consultant to Maine DEP June 15, 2007 The Nation’s First GHG Cap and Trade Program

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Carbon Finance North America Workshop

NYCCatherine A. Lee, Esq.

Consultant to Maine DEPJune 15, 2007

The Nation’s First GHG Cap and Trade Program

www.gcglaw.com www.go-worldlee.com

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The RGGI Region At A Glance Ten States 53 million people 8th largest emitter in the world 2.4+ trillion dollar economy

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RGGI Program Goals

Cap emissions at current levels through 2014; reduce 10% by 2018

Achieve lowest cost reductions Encourage energy efficiency Stimulate innovative technologies Act as a model for a national program

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How Does RGGI Work?

The region has a single cap

Each state has an emissions budget – in tons of CO2

States issue “allowances”, one per ton, up to the amount of the state budget

Most states to auction most or all allowances

Each RGGI source must “cover” its emissions with allowances every three years

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State CO2 Budgets

Connecticut 10.7 mt Delaware 7.56 mt Maine 5.95 mt Maryland 37.56 mt Massachusetts 26.66 mt New Hampshire 8.62 mt New Jersey 22.89 mt New York 64.31 mt Rhode Island 2.66 mt Vermont 1.23 mt TOTAL 188 mt

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Allocation of Allowances Model Rule requires minimum of 25% of allowances

to be auctioned, proceeds used for Consumer Benefit and/or Strategic Energy Purpose

Remaining 75% left to each state to decide how to allocate Vermont law requires 100% auction Maine law requires 100% after small set aside New York pre-proposal calls for 100% auction New Jersey and Massachusetts are evaluating 100%

auction Connecticut to auction 100% after small set asides

All states favor regional auctions

Additional Market Flexibility“Offsets” or Project-Based Reductions

Methane Capture from Farms

Convert Land

to Forest

Additional Market Flexibility

Landfill Gas Capture at Small Landfills

SF6 Gas Leak Prevention in

Electricity Distribution

Additional Market Flexibility

And End-Use Energy Efficiency Projects

i.e. reductions in fuel use for space and water heating Does not include electric end use energy efficiency

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Offset Program Characteristics

Offsets—limit on use:

No limit on issuance of offsets Each Source may “cover” up to 3.3% of its total reported

emissions in a compliance period with offsets If $7/ton price trigger hit, limit on use expands to 5% of

reported emissions If $10/ton trigger price hit, limit on use expands to 10% of

reported emissions At $10 price trigger, allowances from projects outside the US

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Current Critical Path Items

The Regional Organization Non-profit corporation

Based in NYC

In the process of hiring Executive Director

Provide technical and administrative support to the states

Implement auctions platform and emissions tracking system

Technical support for offsets program

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Current Critical Path Items

Emissions Allowance Tracking System Joint regional platform for entire RGGI program Administrative infrastructure will be up and running before program

launch Web based, open and transparent Will track allowances by source and general accounts Offsets tracking:

Issuance of allowances Prices Filing of consistency applications Issuance of determinations Submittal and approval of monitoring and verification reports

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Current Critical Path Items

Auction Platform Regional design, participation optional

NYSERDA oversight of Auction Research team Resources For The Future University of Virginia

Two Phase Report

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Phase I Report: Preliminary Recommendations From the Auction Research Team

Quarterly auctions with limited number of allowances auctioned each time

Pre-sale of later vintages in limited quantities Reserve price set for each auction Participation open with binding financial assurances Goal to hold first auction by July 2008 Phase I report available

at:www.coopercenter.org/econ/sitefiles/documents/pdf/rggi_interim_report

Phase II Report will be completed in October 2007

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Current Critical Path Items

Offsets Implementation Common applications and

monitoring/verification forms Guidance documents for regulators and

developers Accreditation process for independent

verifiers Consider additional offsets categories

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Other Issues

Potential Emissions Leakage March 2007 Report

Available at www.rggi.org/emisleak.htm Final Report expected December 2007 Further evaluation of policy options and final

recommendations

Model Rule Implementation Legislation and/or Rulemaking

Model Rule implementation underway in all 10 states Expected to be complete between December 2007 and

December 2008

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A Federal Program

No preemption Science based cap and trade Economy wide No price triggers or caps Not contingent on action by other countries Federal program a floor, not a ceiling No grandfathered coal plants Allow banking

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Other Jurisdictions Interested in Joining/Linking to RGGI District of Columbia

Canadian Provinces Ontario and Quebec

EU ETS

- Design Elements

- Implementation Protocols

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California and RGGI

RGGI + California Having Conceptual Discussions

- 28.5% of US population

- 32% of US economy

- 3rd largest World economy

- 17% of US emissions

- 6th largest emitter worldwide

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Questions?

For further discussion or information contact:

Catherine Lee

[email protected]

207-415-5354

www.gcglaw.com www.go-worldlee.com