[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6 Enrolled Bill (ENR)]
H.R.6
One Hundred Tenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday,
the fourth day of January, two thousand and seven
An Act
To move the United States toward greater energy independence and
security, to increase the production of clean renewable fuels, to
protect consumers, to increase the efficiency of products, buildings,
and vehicles, to promote research on and deploy greenhouse gas capture
and storage options, and to improve the energy performance of the
Federal Government, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Energy
Independence and Security Act of 2007''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Relationship to other law.
TITLE I--ENERGY SECURITY THROUGH IMPROVED VEHICLE FUEL ECONOMY
Subtitle A--Increased Corporate Average Fuel Economy Standards
Sec. 101. Short title.
Sec. 102. Average fuel economy standards for automobiles and certain
other vehicles.
Sec. 103. Definitions.
Sec. 104. Credit trading program.
Sec. 105. Consumer information.
Sec. 106. Continued applicability of existing standards.
Sec. 107. National Academy of Sciences studies.
Sec. 108. National Academy of Sciences study of medium-duty and heavy-
duty truck fuel economy.
Sec. 109. Extension of flexible fuel vehicle credit program.
Sec. 110. Periodic review of accuracy of fuel economy labeling
procedures.
Sec. 111. Consumer tire information.
Sec. 112. Use of civil penalties for research and development.
Sec. 113. Exemption from separate calculation requirement.
Subtitle B--Improved Vehicle Technology
Sec. 131. Transportation electrification.
Sec. 132. Domestic manufacturing conversion grant program.
Sec. 133. Inclusion of electric drive in Energy Policy Act of 1992.
Sec. 134. Loan guarantees for fuel-efficient automobile parts
manufacturers.
Sec. 135. Advanced battery loan guarantee program.
Sec. 136. Advanced technology vehicles manufacturing incentive program.
Subtitle C--Federal Vehicle Fleets
Sec. 141. Federal vehicle fleets.
Sec. 142. Federal fleet conservation requirements.
TITLE II--ENERGY SECURITY THROUGH INCREASED PRODUCTION OF BIOFUELS
Subtitle A--Renewable Fuel Standard
Sec. 201. Definitions.
Sec. 202. Renewable fuel standard.
Sec. 203. Study of impact of Renewable Fuel Standard.
Sec. 204. Environmental and resource conservation impacts.
Sec. 205. Biomass based diesel and biodiesel labeling.
Sec. 206. Study of credits for use of renewable electricity in electric
vehicles.
Sec. 207. Grants for production of advanced biofuels.
Sec. 208. Integrated consideration of water quality in determinations on
fuels and fuel additives.
Sec. 209. Anti-backsliding.
Sec. 210. Effective date, savings provision, and transition rules.
Subtitle B--Biofuels Research and Development
Sec. 221. Biodiesel.
Sec. 222. Biogas.
Sec. 223. Grants for biofuel production research and development in
certain States.
Sec. 224. Biorefinery energy efficiency.
Sec. 225. Study of optimization of flexible fueled vehicles to use E-85
fuel.
Sec. 226. Study of engine durability and performance associated with the
use of biodiesel.
Sec. 227. Study of optimization of biogas used in natural gas vehicles.
Sec. 228. Algal biomass.
Sec. 229. Biofuels and biorefinery information center.
Sec. 230. Cellulosic ethanol and biofuels research.
Sec. 231. Bioenergy research and development, authorization of
appropriation.
Sec. 232. Environmental research and development.
Sec. 233. Bioenergy research centers.
Sec. 234. University based research and development grant program.
Subtitle C--Biofuels Infrastructure
Sec. 241. Prohibition on franchise agreement restrictions related to
renewable fuel infrastructure.
Sec. 242. Renewable fuel dispenser requirements.
Sec. 243. Ethanol pipeline feasibility study.
Sec. 244. Renewable fuel infrastructure grants.
Sec. 245. Study of the adequacy of transportation of domestically-
produced renewable fuel by railroads and other modes of
transportation.
Sec. 246. Federal fleet fueling centers.
Sec. 247. Standard specifications for biodiesel.
Sec. 248. Biofuels distribution and advanced biofuels infrastructure.
Subtitle D--Environmental Safeguards
Sec. 251. Waiver for fuel or fuel additives.
TITLE III--ENERGY SAVINGS THROUGH IMPROVED STANDARDS FOR APPLIANCE AND
LIGHTING
Subtitle A--Appliance Energy Efficiency
Sec. 301. External power supply efficiency standards.
Sec. 302. Updating appliance test procedures.
Sec. 303. Residential boilers.
Sec. 304. Furnace fan standard process.
Sec. 305. Improving schedule for standards updating and clarifying State
authority.
Sec. 306. Regional standards for furnaces, central air conditioners, and
heat pumps.
Sec. 307. Procedure for prescribing new or amended standards.
Sec. 308. Expedited rulemakings.
Sec. 309. Battery chargers.
Sec. 310. Standby mode.
Sec. 311. Energy standards for home appliances.
Sec. 312. Walk-in coolers and walk-in freezers.
Sec. 313. Electric motor efficiency standards.
Sec. 314. Standards for single package vertical air conditioners and
heat pumps.
Sec. 315. Improved energy efficiency for appliances and buildings in
cold climates.
Sec. 316. Technical corrections.
Subtitle B--Lighting Energy Efficiency
Sec. 321. Efficient light bulbs.
Sec. 322. Incandescent reflector lamp efficiency standards.
Sec. 323. Public building energy efficient and renewable energy systems.
Sec. 324. Metal halide lamp fixtures.
Sec. 325. Energy efficiency labeling for consumer electronic products.
TITLE IV--ENERGY SAVINGS IN BUILDINGS AND INDUSTRY
Sec. 401. Definitions.
Subtitle A--Residential Building Efficiency
Sec. 411. Reauthorization of weatherization assistance program.
Sec. 412. Study of renewable energy rebate programs.
Sec. 413. Energy code improvements applicable to manufactured housing.
Subtitle B--High-Performance Commercial Buildings
Sec. 421. Commercial high-performance green buildings.
Sec. 422. Zero Net Energy Commercial Buildings Initiative.
Sec. 423. Public outreach.
Subtitle C--High-Performance Federal Buildings
Sec. 431. Energy reduction goals for Federal buildings.
Sec. 432. Management of energy and water efficiency in Federal
buildings.
Sec. 433. Federal building energy efficiency performance standards.
Sec. 434. Management of Federal building efficiency.
Sec. 435. Leasing.
Sec. 436. High-performance green Federal buildings.
Sec. 437. Federal green building performance.
Sec. 438. Storm water runoff requirements for Federal development
projects.
Sec. 439. Cost-effective technology acceleration program.
Sec. 440. Authorization of appropriations.
Sec. 441. Public building life-cycle costs.
Subtitle D--Industrial Energy Efficiency
Sec. 451. Industrial energy efficiency.
Sec. 452. Energy-intensive industries program.
Sec. 453. Energy efficiency for data center buildings.
Subtitle E--Healthy High-Performance Schools
Sec. 461. Healthy high-performance schools.
Sec. 462. Study on indoor environmental quality in schools.
Subtitle F--Institutional Entities
Sec. 471. Energy sustainability and efficiency grants and loans for
institutions.
Subtitle G--Public and Assisted Housing
Sec. 481. Application of International Energy Conservation Code to
public and assisted housing.
Subtitle H--General Provisions
Sec. 491. Demonstration project.
Sec. 492. Research and development.
Sec. 493. Environmental Protection Agency demonstration grant program
for local governments.
Sec. 494. Green Building Advisory Committee.
Sec. 495. Advisory Committee on Energy Efficiency Finance.
TITLE V--ENERGY SAVINGS IN GOVERNMENT AND PUBLIC INSTITUTIONS
Subtitle A--United States Capitol Complex
Sec. 501. Capitol complex photovoltaic roof feasibility studies.
Sec. 502. Capitol complex E-85 refueling station.
Sec. 503. Energy and environmental measures in Capitol complex master
plan.
Sec. 504. Promoting maximum efficiency in operation of Capitol power
plant.
Sec. 505. Capitol power plant carbon dioxide emissions feasibility study
and demonstration projects.
Subtitle B--Energy Savings Performance Contracting
Sec. 511. Authority to enter into contracts; reports.
Sec. 512. Financing flexibility.
Sec. 513. Promoting long-term energy savings performance contracts and
verifying savings.
Sec. 514. Permanent reauthorization.
Sec. 515. Definition of energy savings.
Sec. 516. Retention of savings.
Sec. 517. Training Federal contracting officers to negotiate energy
efficiency contracts.
Sec. 518. Study of energy and cost savings in nonbuilding applications.
Subtitle C--Energy Efficiency in Federal Agencies
Sec. 521. Installation of photovoltaic system at Department of Energy
headquarters building.
Sec. 522. Prohibition on incandescent lamps by Coast Guard.
Sec. 523. Standard relating to solar hot water heaters.
Sec. 524. Federally-procured appliances with standby power.
Sec. 525. Federal procurement of energy efficient products.
Sec. 526. Procurement and acquisition of alternative fuels.
Sec. 527. Government efficiency status reports.
Sec. 528. OMB government efficiency reports and scorecards.
Sec. 529. Electricity sector demand response.
Subtitle D--Energy Efficiency of Public Institutions
Sec. 531. Reauthorization of State energy programs.
Sec. 532. Utility energy efficiency programs.
Subtitle E--Energy Efficiency and Conservation Block Grants
Sec. 541. Definitions.
Sec. 542. Energy Efficiency and Conservation Block Grant Program.
Sec. 543. Allocation of funds.
Sec. 544. Use of funds.
Sec. 545. Requirements for eligible entities.
Sec. 546. Competitive grants.
Sec. 547. Review and evaluation.
Sec. 548. Funding.
TITLE VI--ACCELERATED RESEARCH AND DEVELOPMENT
Subtitle A--Solar Energy
Sec. 601. Short title.
Sec. 602. Thermal energy storage research and development program.
Sec. 603. Concentrating solar power commercial application studies.
Sec. 604. Solar energy curriculum development and certification grants.
Sec. 605. Daylighting systems and direct solar light pipe technology.
Sec. 606. Solar Air Conditioning Research and Development Program.
Sec. 607. Photovoltaic demonstration program.
Subtitle B--Geothermal Energy
Sec. 611. Short title.
Sec. 612. Definitions.
Sec. 613. Hydrothermal research and development.
Sec. 614. General geothermal systems research and development.
Sec. 615. Enhanced geothermal systems research and development.
Sec. 616. Geothermal energy production from oil and gas fields and
recovery and production of geopressured gas resources.
Sec. 617. Cost sharing and proposal evaluation.
Sec. 618. Center for geothermal technology transfer.
Sec. 619. GeoPowering America.
Sec. 620. Educational pilot program.
Sec. 621. Reports.
Sec. 622. Applicability of other laws.
Sec. 623. Authorization of appropriations.
Sec. 624. International geothermal energy development.
Sec. 625. High cost region geothermal energy grant program.
Subtitle C--Marine and Hydrokinetic Renewable Energy Technologies
Sec. 631. Short title.
Sec. 632. Definition.
Sec. 633. Marine and hydrokinetic renewable energy research and
development.
Sec. 634. National Marine Renewable Energy Research, Development, and
Demonstration Centers.
Sec. 635. Applicability of other laws.
Sec. 636. Authorization of appropriations.
Subtitle D--Energy Storage for Transportation and Electric Power
Sec. 641. Energy storage competitiveness.
Subtitle E--Miscellaneous Provisions
Sec. 651. Lightweight materials research and development.
Sec. 652. Commercial insulation demonstration program.
Sec. 653. Technical criteria for clean coal power Initiative.
Sec. 654. H-Prize.
Sec. 655. Bright Tomorrow Lighting Prizes.
Sec. 656. Renewable Energy innovation manufacturing partnership.
TITLE VII--CARBON CAPTURE AND SEQUESTRATION
Subtitle A--Carbon Capture and Sequestration Research, Development, and
Demonstration
Sec. 701. Short title.
Sec. 702. Carbon capture and sequestration research, development, and
demonstration program.
Sec. 703. Carbon capture.
Sec. 704. Review of large-scale programs.
Sec. 705. Geologic sequestration training and research.
Sec. 706. Relation to Safe Drinking Water Act.
Sec. 707. Safety research.
Sec. 708. University based research and development grant program.
Subtitle B--Carbon Capture and Sequestration Assessment and Framework
Sec. 711. Carbon dioxide sequestration capacity assessment.
Sec. 712. Assessment of carbon sequestration and methane and nitrous
oxide emissions from ecosystems.
Sec. 713. Carbon dioxide sequestration inventory.
Sec. 714. Framework for geological carbon sequestration on public land.
TITLE VIII--IMPROVED MANAGEMENT OF ENERGY POLICY
Subtitle A--Management Improvements
Sec. 801. National media campaign.
Sec. 802. Alaska Natural Gas Pipeline administration.
Sec. 803. Renewable energy deployment.
Sec. 804. Coordination of planned refinery outages.
Sec. 805. Assessment of resources.
Sec. 806. Sense of Congress relating to the use of renewable resources
to generate energy.
Sec. 807. Geothermal assessment, exploration information, and priority
activities.
Subtitle B--Prohibitions on Market Manipulation and False Information
Sec. 811. Prohibition on market manipulation.
Sec. 812. Prohibition on false information.
Sec. 813. Enforcement by the Federal Trade Commission.
Sec. 814. Penalties.
Sec. 815. Effect on other laws.
TITLE IX--INTERNATIONAL ENERGY PROGRAMS
Sec. 901. Definitions.
Subtitle A--Assistance to Promote Clean and Efficient Energy
Technologies in Foreign Countries
Sec. 911. United States assistance for developing countries.
Sec. 912. United States exports and outreach programs for India, China,
and other countries.
Sec. 913. United States trade missions to encourage private sector trade
and investment.
Sec. 914. Actions by Overseas Private Investment Corporation.
Sec. 915. Actions by United States Trade and Development Agency.
Sec. 916. Deployment of international clean and efficient energy
technologies and investment in global energy markets.
Sec. 917. United States-Israel energy cooperation.
Subtitle B--International Clean Energy Foundation
Sec. 921. Definitions.
Sec. 922. Establishment and management of Foundation.
Sec. 923. Duties of Foundation.
Sec. 924. Annual report.
Sec. 925. Powers of the Foundation; related provisions.
Sec. 926. General personnel authorities.
Sec. 927. Authorization of appropriations.
Subtitle C--Miscellaneous Provisions
Sec. 931. Energy diplomacy and security within the Department of State.
Sec. 932. National Security Council reorganization.
Sec. 933. Annual national energy security strategy report.
Sec. 934. Convention on Supplementary Compensation for Nuclear Damage
contingent cost allocation.
Sec. 935. Transparency in extractive industries resource payments.
TITLE X--GREEN JOBS
Sec. 1001. Short title.
Sec. 1002. Energy efficiency and renewable energy worker training
program.
TITLE XI--ENERGY TRANSPORTATION AND INFRASTRUCTURE
Subtitle A--Department of Transportation
Sec. 1101. Office of Climate Change and Environment.
Subtitle B--Railroads
Sec. 1111. Advanced technology locomotive grant pilot program.
Sec. 1112. Capital grants for class II and class III railroads.
Subtitle C--Marine Transportation
Sec. 1121. Short sea transportation initiative.
Sec. 1122. Short sea shipping eligibility for capital construction fund.
Sec. 1123. Short sea transportation report.
Subtitle D--Highways
Sec. 1131. Increased Federal share for CMAQ projects.
Sec. 1132. Distribution of rescissions.
Sec. 1133. Sense of Congress regarding use of complete streets design
techniques.
TITLE XII--SMALL BUSINESS ENERGY PROGRAMS
Sec. 1201. Express loans for renewable energy and energy efficiency.
Sec. 1202. Pilot program for reduced 7(a) fees for purchase of energy
efficient technologies.
Sec. 1203. Small business energy efficiency.
Sec. 1204. Larger 504 loan limits to help business develop energy
efficient technologies and purchases.
Sec. 1205. Energy saving debentures.
Sec. 1206. Investments in energy saving small businesses.
Sec. 1207. Renewable fuel capital investment company.
Sec. 1208. Study and report.
TITLE XIII--SMART GRID
Sec. 1301. Statement of policy on modernization of electricity grid.
Sec. 1302. Smart grid system report.
Sec. 1303. Smart grid advisory committee and smart grid task force.
Sec. 1304. Smart grid technology research, development, and
demonstration.
Sec. 1305. Smart grid interoperability framework.
Sec. 1306. Federal matching fund for smart grid investment costs.
Sec. 1307. State consideration of smart grid.
Sec. 1308. Study of the effect of private wire laws on the development
of combined heat and power facilities.
Sec. 1309. DOE study of security attributes of smart grid systems.
TITLE XIV--POOL AND SPA SAFETY
Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Definitions.
Sec. 1404. Federal swimming pool and spa drain cover standard.
Sec. 1405. State swimming pool safety grant program.
Sec. 1406. Minimum State law requirements.
Sec. 1407. Education program.
Sec. 1408. CPSC report.
TITLE XV--REVENUE PROVISIONS
Sec. 1500. Amendment of 1986 Code.
Sec. 1501. Extension of additional 0.2 percent FUTA surtax.
Sec. 1502. 7-year amortization of geological and geophysical
expenditures for certain major integrated oil companies.
TITLE XVI--EFFECTIVE DATE
Sec. 1601. Effective date.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the Department
of Energy.
(2) Institution of higher education.--The term ``institution of
higher education'' has the meaning given the term in section 101(a)
of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(3) Secretary.--The term ``Secretary'' means the Secretary of
Energy.
SEC. 3. RELATIONSHIP TO OTHER LAW.
Except to the extent expressly provided in this Act or an amendment
made by this Act, nothing in this Act or an amendment made by this Act
supersedes, limits the authority provided or responsibility conferred
by, or authorizes any violation of any provision of law (including a
regulation), including any energy or environmental law or regulation.
TITLE I--ENERGY SECURITY THROUGH IMPROVED VEHICLE FUEL ECONOMY
Subtitle A--Increased Corporate Average Fuel Economy Standards
SEC. 101. SHORT TITLE.
This subtitle may be cited as the ``Ten-in-Ten Fuel Economy Act''.
SEC. 102. AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES AND CERTAIN
OTHER VEHICLES.
(a) Increased Standards.--Section 32902 of title 49, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking ``Non-Passenger Automobiles.--''
and inserting ``Prescription of Standards by Regulation.--'';
(B) by striking ``(except passenger automobiles)'' in
subsection (a); and
(C) by striking the last sentence;
(2) by striking subsection (b) and inserting the following:
``(b) Standards for Automobiles and Certain Other Vehicles.--
``(1) In general.--The Secretary of Transportation, after
consultation with the Secretary of Energy and the Administrator of
the Environmental Protection Agency, shall prescribe separate
average fuel economy standards for--
``(A) passenger automobiles manufactured by manufacturers
in each model year beginning with model year 2011 in accordance
with this subsection;
``(B) non-passenger automobiles manufactured by
manufacturers in each model year beginning with model year 2011
in accordance with this subsection; and
``(C) work trucks and commercial medium-duty or heavy-duty
on-highway vehicles in accordance with subsection (k).
``(2) Fuel economy standards for automobiles.--
``(A) Automobile fuel economy average for model years 2011
through 2020.--The Secretary shall prescribe a separate average
fuel economy standard for passenger automobiles and a separate
average fuel economy standard for non-passenger automobiles for
each model year beginning with model year 2011 to achieve a
combined fuel economy average for model year 2020 of at least
35 miles per gallon for the total fleet of passenger and non-
passenger automobiles manufactured for sale in the United
States for that model year.
``(B) Automobile fuel economy average for model years 2021
through 2030.--For model years 2021 through 2030, the average
fuel economy required to be attained by each fleet of passenger
and non-passenger automobiles manufactured for sale in the
United States shall be the maximum feasible average fuel
economy standard for each fleet for that model year.
``(C) Progress toward standard required.--In prescribing
average fuel economy standards under subparagraph (A), the
Secretary shall prescribe annual fuel economy standard
increases that increase the applicable average fuel economy
standard ratably beginning with model year 2011 and ending with
model year 2020.
``(3) Authority of the secretary.--The Secretary shall--
``(A) prescribe by regulation separate average fuel economy
standards for passenger and non-passenger automobiles based on
1 or more vehicle attributes related to fuel economy and
express each standard in the form of a mathematical function;
and
``(B) issue regulations under this title prescribing
average fuel economy standards for at least 1, but not more
than 5, model years.
``(4) Minimum standard.--In addition to any standard prescribed
pursuant to paragraph (3), each manufacturer shall also meet the
minimum standard for domestically manufactured passenger
automobiles, which shall be the greater of--
``(A) 27.5 miles per gallon; or
``(B) 92 percent of the average fuel economy projected by
the Secretary for the combined domestic and non-domestic
passenger automobile fleets manufactured for sale in the United
States by all manufacturers in the model year, which projection
shall be published in the Federal Register when the standard
for that model year is promulgated in accordance with this
section.''; and
(3) in subsection (c)--
(A) by striking ``(1) Subject to paragraph (2) of this
subsection, the'' and inserting ``The''; and
(B) by striking paragraph (2).
(b) Fuel Economy Standard for Commercial Medium-Duty and Heavy-Duty
On-Highway Vehicles and Work Trucks.--Section 32902 of title 49, United
States Code, is amended by adding at the end the following:
``(k) Commercial Medium- and Heavy-Duty On-Highway Vehicles and
Work Trucks.--
``(1) Study.--Not later than 1 year after the National Academy
of Sciences publishes the results of its study under section 108 of
the Ten-in-Ten Fuel Economy Act, the Secretary of Transportation,
in consultation with the Secretary of Energy and the Administrator
of the Environmental Protection Agency, shall examine the fuel
efficiency of commercial medium- and heavy-duty on-highway vehicles
and work trucks and determine--
``(A) the appropriate test procedures and methodologies for
measuring the fuel efficiency of such vehicles and work trucks;
``(B) the appropriate metric for measuring and expressing
commercial medium- and heavy-duty on-highway vehicle and work
truck fuel efficiency performance, taking into consideration,
among other things, the work performed by such on-highway
vehicles and work trucks and types of operations in which they
are used;
``(C) the range of factors, including, without limitation,
design, functionality, use, duty cycle, infrastructure, and
total overall energy consumption and operating costs that
affect commercial medium- and heavy-duty on-highway vehicle and
work truck fuel efficiency; and
``(D) such other factors and conditions that could have an
impact on a program to improve commercial medium- and heavy-
duty on-highway vehicle and work truck fuel efficiency.
``(2) Rulemaking.--Not later than 24 months after completion of
the study required under paragraph (1), the Secretary, in
consultation with the Secretary of Energy and the Administrator of
the Environmental Protection Agency, by regulation, shall determine
in a rulemaking proceeding how to implement a commercial medium-
and heavy-duty on-highway vehicle and work truck fuel efficiency
improvement program designed to achieve the maximum feasible
improvement, and shall adopt and implement appropriate test
methods, measurement metrics, fuel economy standards, and
compliance and enforcement protocols that are appropriate, cost-
effective, and technologically feasible for commercial medium- and
heavy-duty on-highway vehicles and work trucks. The Secretary may
prescribe separate standards for different classes of vehicles
under this subsection.
``(3) Lead-time; regulatory stability.--The commercial medium-
and heavy-duty on-highway vehicle and work truck fuel economy
standard adopted pursuant to this subsection shall provide not less
than--
``(A) 4 full model years of regulatory lead-time; and
``(B) 3 full model years of regulatory stability.''.
SEC. 103. DEFINITIONS.
(a) In General.--Section 32901(a) of title 49, United States Code,
is amended--
(1) by striking paragraph (3) and inserting the following:
``(3) except as provided in section 32908 of this title,
`automobile' means a 4-wheeled vehicle that is propelled by fuel,
or by alternative fuel, manufactured primarily for use on public
streets, roads, and highways and rated at less than 10,000 pounds
gross vehicle weight, except--
``(A) a vehicle operated only on a rail line;
``(B) a vehicle manufactured in different stages by 2 or
more manufacturers, if no intermediate or final-stage
manufacturer of that vehicle manufactures more than 10,000
multi-stage vehicles per year; or
``(C) a work truck.'';
(2) by redesignating paragraphs (7) through (16) as paragraphs
(8) through (17), respectively;
(3) by inserting after paragraph (6) the following:
``(7) `commercial medium- and heavy-duty on-highway vehicle'
means an on-highway vehicle with a gross vehicle weight rating of
10,000 pounds or more.'';
(4) in paragraph (9)(A), as redesignated, by inserting ``or a
mixture of biodiesel and diesel fuel meeting the standard
established by the American Society for Testing and Materials or
under section 211(u) of the Clean Air Act (42 U.S.C. 7545(u)) for
fuel containing 20 percent biodiesel (commonly known as `B20')''
after ``alternative fuel'';
(5) by redesignating paragraph (17), as redesignated, as
paragraph (18);
(6) by inserting after paragraph (16), as redesignated, the
following:
``(17) `non-passenger automobile' means an automobile that is
not a passenger automobile or a work truck.''; and
(7) by adding at the end the following:
``(19) `work truck' means a vehicle that--
``(A) is rated at between 8,500 and 10,000 pounds gross
vehicle weight; and
``(B) is not a medium-duty passenger vehicle (as defined in
section 86.1803-01 of title 40, Code of Federal Regulations, as
in effect on the date of the enactment of the Ten-in-Ten Fuel
Economy Act).''.
SEC. 104. CREDIT TRADING PROGRAM.
(a) In General.--Section 32903 of title 49, United States Code, is
amended--
(1) by striking ``section 32902(b)-(d) of this title'' each
place it appears and inserting ``subsections (a) through (d) of
section 32902'';
(2) in subsection (a)(2)--
(A) by striking ``3 consecutive model years'' and inserting
``5 consecutive model years'';
(B) by striking ``clause (1) of this subsection,'' and
inserting ``paragraph (1)'';
(3) by redesignating subsection (f) as subsection (h); and
(4) by inserting after subsection (e) the following:
``(f) Credit Trading Among Manufacturers.--
``(1) In general.--The Secretary of Transportation may
establish, by regulation, a fuel economy credit trading program to
allow manufacturers whose automobiles exceed the average fuel
economy standards prescribed under section 32902 to earn credits to
be sold to manufacturers whose automobiles fail to achieve the
prescribed standards such that the total oil savings associated
with manufacturers that exceed the prescribed standards are
preserved when trading credits to manufacturers that fail to
achieve the prescribed standards.
``(2) Limitation.--The trading of credits by a manufacturer to
the category of passenger automobiles manufactured domestically is
limited to the extent that the fuel economy level of such
automobiles shall comply with the requirements of section
32902(b)(4), without regard to any trading of credits from other
manufacturers.
``(g) Credit Transferring Within a Manufacturer's Fleet.--
``(1) In general.--The Secretary of Transportation shall
establish by regulation a fuel economy credit transferring program
to allow any manufacturer whose automobiles exceed any of the
average fuel economy standards prescribed under section 32902 to
transfer the credits earned under this section and to apply such
credits within that manufacturer's fleet to a compliance category
of automobiles that fails to achieve the prescribed standards.
``(2) Years for which used.--Credits transferred under this
subsection are available to be used in the same model years that
the manufacturer could have applied such credits under subsections
(a), (b), (d), and (e), as well as for the model year in which the
manufacturer earned such credits.
``(3) Maximum increase.--The maximum increase in any compliance
category attributable to transferred credits is--
``(A) for model years 2011 through 2013, 1.0 mile per
gallon;
``(B) for model years 2014 through 2017, 1.5 miles per
gallon; and
``(C) for model year 2018 and subsequent model years, 2.0
miles per gallon.
``(4) Limitation.--The transfer of credits by a manufacturer to
the category of passenger automobiles manufactured domestically is
limited to the extent that the fuel economy level of such
automobiles shall comply with the requirements under section
32904(b)(4), without regard to any transfer of credits from other
categories of automobiles described in paragraph (6)(B).
``(5) Years available.--A credit may be transferred under this
subsection only if it is earned after model year 2010.
``(6) Definitions.--In this subsection:
``(A) Fleet.--The term `fleet' means all automobiles
manufactured by a manufacturer in a particular model year.
``(B) Compliance category of automobiles.--The term
`compliance category of automobiles' means any of the following
3 categories of automobiles for which compliance is separately
calculated under this chapter:
``(i) Passenger automobiles manufactured domestically.
``(ii) Passenger automobiles not manufactured
domestically.
``(iii) Non-passenger automobiles.''.
(b) Conforming Amendments.--
(1) Limitations.--Section 32902(h) of title 49, United States
Code, is amended--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) may not consider, when prescribing a fuel economy
standard, the trading, transferring, or availability of credits
under section 32903.''.
(2) Separate calculations.--Section 32904(b)(1)(B) is amended
by striking ``chapter.'' and inserting ``chapter, except for the
purposes of section 32903.''.
SEC. 105. CONSUMER INFORMATION.
Section 32908 of title 49, United States Code, is amended by adding
at the end the following:
``(g) Consumer Information.--
``(1) Program.--The Secretary of Transportation, in
consultation with the Secretary of Energy and the Administrator of
the Environmental Protection Agency, shall develop and implement by
rule a program to require manufacturers--
``(A) to label new automobiles sold in the United States
with--
``(i) information reflecting an automobile's
performance on the basis of criteria that the Administrator
shall develop, not later than 18 months after the date of
the enactment of the Ten-in-Ten Fuel Economy Act, to
reflect fuel economy and greenhouse gas and other emissions
over the useful life of the automobile;
``(ii) a rating system that would make it easy for
consumers to compare the fuel economy and greenhouse gas
and other emissions of automobiles at the point of
purchase, including a designation of automobiles--
``(I) with the lowest greenhouse gas emissions over
the useful life of the vehicles; and
``(II) the highest fuel economy; and
``(iii) a permanent and prominent display that an
automobile is capable of operating on an alternative fuel;
and
``(B) to include in the owner's manual for vehicles capable
of operating on alternative fuels information that describes
that capability and the benefits of using alternative fuels,
including the renewable nature and environmental benefits of
using alternative fuels.
``(2) Consumer education.--
``(A) In general.--The Secretary of Transportation, in
consultation with the Secretary of Energy and the Administrator
of the Environmental Protection Agency, shall develop and
implement by rule a consumer education program to improve
consumer understanding of automobile performance described in
paragraph (1)(A)(i) and to inform consumers of the benefits of
using alternative fuel in automobiles and the location of
stations with alternative fuel capacity.
``(B) Fuel savings education campaign.--The Secretary of
Transportation shall establish a consumer education campaign on
the fuel savings that would be recognized from the purchase of
vehicles equipped with thermal management technologies,
including energy efficient air conditioning systems and glass.
``(3) Fuel tank labels for alternative fuel automobiles.--The
Secretary of Transportation shall by rule require a label to be
attached to the fuel compartment of vehicles capable of operating
on alternative fuels, with the form of alternative fuel stated on
the label. A label attached in compliance with the requirements of
section 32905(h) is deemed to meet the requirements of this
paragraph.
``(4) Rulemaking deadline.--The Secretary of Transportation
shall issue a final rule under this subsection not later than 42
months after the date of the enactment of the Ten-in-Ten Fuel
Economy Act.''.
SEC. 106. CONTINUED APPLICABILITY OF EXISTING STANDARDS.
Nothing in this subtitle, or the amendments made by this subtitle,
shall be construed to affect the application of section 32902 of title
49, United States Code, to passenger automobiles or non-passenger
automobiles manufactured before model year 2011.
SEC. 107. NATIONAL ACADEMY OF SCIENCES STUDIES.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary of Transportation shall execute an agreement
with the National Academy of Sciences to develop a report evaluating
vehicle fuel economy standards, including--
(1) an assessment of automotive technologies and costs to
reflect developments since the Academy's 2002 report evaluating the
corporate average fuel economy standards was conducted;
(2) an analysis of existing and potential technologies that may
be used practically to improve automobile and medium-duty and
heavy-duty truck fuel economy;
(3) an analysis of how such technologies may be practically
integrated into the automotive and medium-duty and heavy-duty truck
manufacturing process; and
(4) an assessment of how such technologies may be used to meet
the new fuel economy standards under chapter 329 of title 49,
United States Code, as amended by this subtitle.
(b) Report.--The Academy shall submit the report to the Secretary,
the Committee on Commerce, Science, and Transportation of the Senate,
and the Committee on Energy and Commerce of the House of
Representatives, with its findings and recommendations not later than 5
years after the date on which the Secretary executes the agreement with
the Academy.
(c) Quinquennial Updates.--After submitting the initial report, the
Academy shall update the report at 5 year intervals thereafter through
2025.
SEC. 108. NATIONAL ACADEMY OF SCIENCES STUDY OF MEDIUM-DUTY AND HEAVY-
DUTY TRUCK FUEL ECONOMY.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary of Transportation shall execute an agreement
with the National Academy of Sciences to develop a report evaluating
medium-duty and heavy-duty truck fuel economy standards, including--
(1) an assessment of technologies and costs to evaluate fuel
economy for medium-duty and heavy-duty trucks;
(2) an analysis of existing and potential technologies that may
be used practically to improve medium-duty and heavy-duty truck
fuel economy;
(3) an analysis of how such technologies may be practically
integrated into the medium-duty and heavy-duty truck manufacturing
process;
(4) an assessment of how such technologies may be used to meet
fuel economy standards to be prescribed under section 32902(k) of
title 49, United States Code, as amended by this subtitle; and
(5) associated costs and other impacts on the operation of
medium-duty and heavy-duty trucks, including congestion.
(b) Report.--The Academy shall submit the report to the Secretary,
the Committee on Commerce, Science, and Transportation of the Senate,
and the Committee on Energy and Commerce of the House of
Representatives, with its findings and recommendations not later than 1
year after the date on which the Secretary executes the agreement with
the Academy.
SEC. 109. EXTENSION OF FLEXIBLE FUEL VEHICLE CREDIT PROGRAM.
(a) In General.--Section 32906 of title 49, United States Code, is
amended to read as follows:
``Sec. 32906. Maximum fuel economy increase for alternative fuel
automobiles
``(a) In General.--For each of model years 1993 through 2019 for
each category of automobile (except an electric automobile), the
maximum increase in average fuel economy for a manufacturer
attributable to dual fueled automobiles is--
``(1) 1.2 miles a gallon for each of model years 1993 through
2014;
``(2) 1.0 miles per gallon for model year 2015;
``(3) 0.8 miles per gallon for model year 2016;
``(4) 0.6 miles per gallon for model year 2017;
``(5) 0.4 miles per gallon for model year 2018;
``(6) 0.2 miles per gallon for model year 2019; and
``(7) 0 miles per gallon for model years after 2019.
``(b) Calculation.--In applying subsection (a), the Administrator
of the Environmental Protection Agency shall determine the increase in
a manufacturer's average fuel economy attributable to dual fueled
automobiles by subtracting from the manufacturer's average fuel economy
calculated under section 32905(e) the number equal to what the
manufacturer's average fuel economy would be if it were calculated by
the formula under section 32904(a)(1) by including as the denominator
for each model of dual fueled automobiles the fuel economy when the
automobiles are operated on gasoline or diesel fuel.''.
(b) Conforming Amendments.--Section 32905 of title 49, United
States Code, is amended--
(1) in subsection (b), by striking ``1993-2010,'' and inserting
``1993 through 2019,'';
(2) in subsection (d), by striking ``1993-2010,'' and inserting
``1993 through 2019,'';
(3) by striking subsections (f) and (g); and
(4) by redesignating subsection (h) as subsection (f).
(c) B20 Biodiesel Flexible Fuel Credit.--Section 32905(b)(2) of
title 49, United States Code, is amended to read as follows:
``(2) .5 divided by the fuel economy--
``(A) measured under subsection (a) when operating the
model on alternative fuel; or
``(B) measured based on the fuel content of B20 when
operating the model on B20, which is deemed to contain 0.15
gallon of fuel.''.
SEC. 110. PERIODIC REVIEW OF ACCURACY OF FUEL ECONOMY LABELING
PROCEDURES.
Beginning in December 2009, and not less often than every 5 years
thereafter, the Administrator of the Environmental Protection Agency,
in consultation with the Secretary of Transportation, shall--
(1) reevaluate the fuel economy labeling procedures described
in the final rule published in the Federal Register on December 27,
2006 (71 Fed. Reg. 77,872; 40 CFR parts 86 and 600) to determine
whether changes in the factors used to establish the labeling
procedures warrant a revision of that process; and
(2) submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives that describes the results
of the reevaluation process.
SEC. 111. CONSUMER TIRE INFORMATION.
(a) In General.--Chapter 323 of title 49, United States Code, is
amended by inserting after section 32304 the following:
``Sec. 32304A. Consumer tire information
``(a) Rulemaking.--
``(1) In general.--Not later than 24 months after the date of
enactment of the Ten-in-Ten Fuel Economy Act, the Secretary of
Transportation shall, after notice and opportunity for comment,
promulgate rules establishing a national tire fuel efficiency
consumer information program for replacement tires designed for use
on motor vehicles to educate consumers about the effect of tires on
automobile fuel efficiency, safety, and durability.
``(2) Items included in rule.--The rulemaking shall include--
``(A) a national tire fuel efficiency rating system for
motor vehicle replacement tires to assist consumers in making
more educated tire purchasing decisions;
``(B) requirements for providing information to consumers,
including information at the point of sale and other potential
information dissemination methods, including the Internet;
``(C) specifications for test methods for manufacturers to
use in assessing and rating tires to avoid variation among test
equipment and manufacturers; and
``(D) a national tire maintenance consumer education
program including, information on tire inflation pressure,
alignment, rotation, and tread wear to maximize fuel
efficiency, safety, and durability of replacement tires.
``(3) Applicability.--This section shall apply only to
replacement tires covered under section 575.104(c) of title 49,
Code of Federal Regulations, in effect on the date of the enactment
of the Ten-in-Ten Fuel Economy Act.
``(b) Consultation.--The Secretary shall consult with the Secretary
of Energy and the Administrator of the Environmental Protection Agency
on the means of conveying tire fuel efficiency consumer information.
``(c) Report to Congress.--The Secretary shall conduct periodic
assessments of the rules promulgated under this section to determine
the utility of such rules to consumers, the level of cooperation by
industry, and the contribution to national goals pertaining to energy
consumption. The Secretary shall transmit periodic reports detailing
the findings of such assessments to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Energy and Commerce.
``(d) Tire Marking.--The Secretary shall not require permanent
labeling of any kind on a tire for the purpose of tire fuel efficiency
information.
``(e) Application With State and Local Laws and Regulations.--
Nothing in this section prohibits a State or political subdivision
thereof from enforcing a law or regulation on tire fuel efficiency
consumer information that was in effect on January 1, 2006. After a
requirement promulgated under this section is in effect, a State or
political subdivision thereof may adopt or enforce a law or regulation
on tire fuel efficiency consumer information enacted or promulgated
after January 1, 2006, if the requirements of that law or regulation
are identical to the requirement promulgated under this section.
Nothing in this section shall be construed to preempt a State or
political subdivision thereof from regulating the fuel efficiency of
tires (including establishing testing methods for determining
compliance with such standards) not otherwise preempted under this
chapter.''.
(b) Enforcement.--Section 32308 of title 49, United States Code, is
amended--
(1) by redesignating subsections (c) and (d) as subsections (d)
and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Section 32304A.--Any person who fails to comply with the
national tire fuel efficiency information program under section 32304A
is liable to the United States Government for a civil penalty of not
more than $50,000 for each violation.''.
(c) Conforming Amendment.--The chapter analysis for chapter 323 of
title 49, United States Code, is amended by inserting after the item
relating to section 32304 the following:
``32304A. Consumer tire information''.
SEC. 112. USE OF CIVIL PENALTIES FOR RESEARCH AND DEVELOPMENT.
Section 32912 of title 49, United States Code, is amended by adding
at the end the following:
``(e) Use of Civil Penalties.--For fiscal year 2008 and each fiscal
year thereafter, from the total amount deposited in the general fund of
the Treasury during the preceding fiscal year from fines, penalties,
and other funds obtained through enforcement actions conducted pursuant
to this section (including funds obtained under consent decrees), the
Secretary of the Treasury, subject to the availability of
appropriations, shall--
``(1) transfer 50 percent of such total amount to the account
providing appropriations to the Secretary of Transportation for the
administration of this chapter, which shall be used by the
Secretary to support rulemaking under this chapter; and
``(2) transfer 50 percent of such total amount to the account
providing appropriations to the Secretary of Transportation for the
administration of this chapter, which shall be used by the
Secretary to carry out a program to make grants to manufacturers
for retooling, reequipping, or expanding existing manufacturing
facilities in the United States to produce advanced technology
vehicles and components.''.
SEC. 113. EXEMPTION FROM SEPARATE CALCULATION REQUIREMENT.
(a) Repeal.--Paragraphs (6), (7), and (8) of section 32904(b) of
title 49, United States Code, are repealed.
(b) Effect of Repeal on Existing Exemptions.--Any exemption granted
under section 32904(b)(6) of title 49, United States Code, prior to the
date of the enactment of this Act shall remain in effect subject to its
terms through model year 2013.
(c) Accrual and Use of Credits.--Any manufacturer holding an
exemption under section 32904(b)(6) of title 49, United States Code,
prior to the date of the enactment of this Act may accrue and use
credits under sections 32903 and 32905 of such title beginning with
model year 2011.
Subtitle B--Improved Vehicle Technology
SEC. 131. TRANSPORTATION ELECTRIFICATION.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Battery.--The term ``battery'' means an electrochemical
energy storage system powered directly by electrical current.
(3) Electric transportation technology.--The term ``electric
transportation technology'' means--
(A) technology used in vehicles that use an electric motor
for all or part of the motive power of the vehicles, including
battery electric, hybrid electric, plug-in hybrid electric,
fuel cell, and plug-in fuel cell vehicles, or rail
transportation; or
(B) equipment relating to transportation or mobile sources
of air pollution that use an electric motor to replace an
internal combustion engine for all or part of the work of the
equipment, including--
(i) corded electric equipment linked to transportation
or mobile sources of air pollution; and
(ii) electrification technologies at airports, ports,
truck stops, and material-handling facilities.
(4) Nonroad vehicle.--The term ``nonroad vehicle'' means a
vehicle--
(A) powered--
(i) by a nonroad engine, as that term is defined in
section 216 of the Clean Air Act (42 U.S.C. 7550); or
(ii) fully or partially by an electric motor powered by
a fuel cell, a battery, or an off-board source of
electricity; and
(B) that is not a motor vehicle or a vehicle used solely
for competition.
(5) Plug-in electric drive vehicle.--The term ``plug-in
electric drive vehicle'' means a vehicle that--
(A) draws motive power from a battery with a capacity of at
least 4 kilowatt-hours;
(B) can be recharged from an external source of electricity
for motive power; and
(C) is a light-, medium-, or heavy-duty motor vehicle or
nonroad vehicle (as those terms are defined in section 216 of
the Clean Air Act (42 U.S.C. 7550)).
(6) Qualified electric transportation project.--The term
``qualified electric transportation project'' means an electric
transportation technology project that would significantly reduce
emissions of criteria pollutants, greenhouse gas emissions, and
petroleum, including--
(A) shipside or shoreside electrification for vessels;
(B) truck-stop electrification;
(C) electric truck refrigeration units;
(D) battery-powered auxiliary power units for trucks;
(E) electric airport ground support equipment;
(F) electric material and cargo handling equipment;
(G) electric or dual-mode electric rail;
(H) any distribution upgrades needed to supply electricity
to the project; and
(I) any ancillary infrastructure, including panel upgrades,
battery chargers, in-situ transformers, and trenching.
(b) Plug-in Electric Drive Vehicle Program.--
(1) Establishment.--The Secretary shall establish a competitive
program to provide grants on a cost-shared basis to State
governments, local governments, metropolitan transportation
authorities, air pollution control districts, private or nonprofit
entities, or combinations of those governments, authorities,
districts, and entities, to carry out one or more projects to
encourage the use of plug-in electric drive vehicles or other
emerging electric vehicle technologies, as determined by the
Secretary.
(2) Administration.--The Secretary shall, in consultation with
the Secretary of Transportation and the Administrator, establish
requirements for applications for grants under this section,
including reporting of data to be summarized for dissemination to
grantees and the public, including safety, vehicle, and component
performance, and vehicle and component life cycle costs.
(3) Priority.--In making awards under this subsection, the
Secretary shall--
(A) give priority consideration to applications that--
(i) encourage early widespread use of vehicles
described in paragraph (1); and
(ii) are likely to make a significant contribution to
the advancement of the production of the vehicles in the
United States; and
(B) ensure, to the maximum extent practicable, that the
program established under this subsection includes a variety of
applications, manufacturers, and end-uses.
(4) Reporting.--The Secretary shall require a grant recipient
under this subsection to submit to the Secretary, on an annual
basis, data relating to safety, vehicle performance, life cycle
costs, and emissions of vehicles demonstrated under the grant,
including emissions of greenhouse gases.
(5) Cost sharing.--Section 988 of the Energy Policy Act of 2005
(42 U.S.C. 16352) shall apply to a grant made under this
subsection.
(6) Authorization of appropriations.--There is authorized to be
appropriated to carry out this subsection $90,000,000 for each of
fiscal years 2008 through 2012, of which not less than \1/3\ of the
total amount appropriated shall be available each fiscal year to
make grants to local and municipal governments.
(c) Near-Term Transportation Sector Electrification Program.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with the
Secretary of Transportation and the Administrator, shall establish
a program to provide grants for the conduct of qualified electric
transportation projects.
(2) Priority.--In providing grants under this subsection, the
Secretary shall give priority to large-scale projects and large-
scale aggregators of projects.
(3) Cost sharing.--Section 988 of the Energy Policy Act of 2005
(42 U.S.C. 16352) shall apply to a grant made under this
subsection.
(4) Authorization of appropriations.--There is authorized to be
appropriated to carry out this subsection $95,000,000 for each of
fiscal years 2008 through 2013.
(d) Education Program.--
(1) In general.--The Secretary shall develop a nationwide
electric drive transportation technology education program under
which the Secretary shall provide--
(A) teaching materials to secondary schools and high
schools; and
(B) assistance for programs relating to electric drive
system and component engineering to institutions of higher
education.
(2) Electric vehicle competition.--The program established
under paragraph (1) shall include a plug-in hybrid electric vehicle
competition for institutions of higher education, which shall be
known as the ``Dr. Andrew Frank Plug-In Electric Vehicle
Competition''.
(3) Engineers.--In carrying out the program established under
paragraph (1), the Secretary shall provide financial assistance to
institutions of higher education to create new, or support
existing, degree programs to ensure the availability of trained
electrical and mechanical engineers with the skills necessary for
the advancement of--
(A) plug-in electric drive vehicles; and
(B) other forms of electric drive transportation technology
vehicles.
(4) Authorization of appropriations.--There are authorized to
be appropriated such sums as may be necessary to carry out this
subsection.
SEC. 132. DOMESTIC MANUFACTURING CONVERSION GRANT PROGRAM.
Section 712 of the Energy Policy Act of 2005 (42 U.S.C. 16062) is
amended to read as follows:
``SEC. 712. DOMESTIC MANUFACTURING CONVERSION GRANT PROGRAM.
``(a) Program.--
``(1) In general.--The Secretary shall establish a program to
encourage domestic production and sales of efficient hybrid and
advanced diesel vehicles and components of those vehicles.
``(2) Inclusions.--The program shall include grants to
automobile manufacturers and suppliers and hybrid component
manufacturers to encourage domestic production of efficient hybrid,
plug-in electric hybrid, plug-in electric drive, and advanced
diesel vehicles.
``(3) Priority.--Priority shall be given to the refurbishment
or retooling of manufacturing facilities that have recently ceased
operation or will cease operation in the near future.
``(b) Coordination With State and Local Programs.--The Secretary
may coordinate implementation of this section with State and local
programs designed to accomplish similar goals, including the retention
and retraining of skilled workers from the manufacturing facilities,
including by establishing matching grant arrangements.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to carry
out this section.''.
SEC. 133. INCLUSION OF ELECTRIC DRIVE IN ENERGY POLICY ACT OF 1992.
Section 508 of the Energy Policy Act of 1992 (42 U.S.C. 13258) is
amended--
(1) by redesignating subsections (a) through (d) as subsections
(b) through (e), respectively;
(2) by inserting before subsection (b) the following:
``(a) Definitions.--In this section:
``(1) Fuel cell electric vehicle.--The term `fuel cell electric
vehicle' means an on-road or non-road vehicle that uses a fuel cell
(as defined in section 803 of the Spark M. Matsunaga Hydrogen Act
of 2005 (42 U.S.C. 16152)).
``(2) Hybrid electric vehicle.--The term `hybrid electric
vehicle' means a new qualified hybrid motor vehicle (as defined in
section 30B(d)(3) of the Internal Revenue Code of 1986).
``(3) Medium- or heavy-duty electric vehicle.--The term
`medium- or heavy-duty electric vehicle' means an electric, hybrid
electric, or plug-in hybrid electric vehicle with a gross vehicle
weight of more than 8,501 pounds.
``(4) Neighborhood electric vehicle.--The term `neighborhood
electric vehicle' means a 4-wheeled on-road or nonroad vehicle
that--
``(A) has a top attainable speed in 1 mile of more than 20
mph and not more than 25 mph on a paved level surface; and
``(B) is propelled by an electric motor and on-board,
rechargeable energy storage system that is rechargeable using
an off-board source of electricity.
``(5) Plug-in electric drive vehicle.--The term `plug-in
electric drive vehicle' means a vehicle that--
``(A) draws motive power from a battery with a capacity of
at least 4 kilowatt-hours;
``(B) can be recharged from an external source of
electricity for motive power; and
``(C) is a light-, medium-, or heavy duty motor vehicle or
nonroad vehicle (as those terms are defined in section 216 of
the Clean Air Act (42 U.S.C. 7550)).'';
(3) in subsection (b) (as redesignated by paragraph (1))--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) Allocation.--The Secretary''; and
(B) by adding at the end the following:
``(2) Electric vehicles.--Not later than January 31, 2009, the
Secretary shall--
``(A) allocate credit in an amount to be determined by the
Secretary for--
``(i) acquisition of--
``(I) a hybrid electric vehicle;
``(II) a plug-in electric drive vehicle;
``(III) a fuel cell electric vehicle;
``(IV) a neighborhood electric vehicle; or
``(V) a medium- or heavy-duty electric vehicle; and
``(ii) investment in qualified alternative fuel
infrastructure or nonroad equipment, as determined by the
Secretary; and
``(B) allocate more than 1, but not to exceed 5, credits
for investment in an emerging technology relating to any
vehicle described in subparagraph (A) to encourage--
``(i) a reduction in petroleum demand;
``(ii) technological advancement; and
``(iii) a reduction in vehicle emissions.'';
(4) in subsection (c) (as redesignated by paragraph (1)), by
striking ``subsection (a)'' and inserting ``subsection (b)''; and
(5) by adding at the end the following:
``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 2008 through 2013.''.
SEC. 134. LOAN GUARANTEES FOR FUEL-EFFICIENT AUTOMOBILE PARTS
MANUFACTURERS.
(a) In General.--Section 712(a)(2) of the Energy Policy Act of 2005
(42 U.S.C. 16062(a)(2)) (as amended by section 132) is amended by
inserting ``and loan guarantees under section 1703'' after ``grants''.
(b) Conforming Amendment.--Section 1703(b) of the Energy Policy Act
of 2005 (42 U.S.C. 16513(b)) is amended by striking paragraph (8) and
inserting the following:
``(8) Production facilities for the manufacture of fuel
efficient vehicles or parts of those vehicles, including electric
drive vehicles and advanced diesel vehicles.''.
SEC. 135. ADVANCED BATTERY LOAN GUARANTEE PROGRAM.
(a) Establishment of Program.--The Secretary shall establish a
program to provide guarantees of loans by private institutions for the
construction of facilities for the manufacture of advanced vehicle
batteries and battery systems that are developed and produced in the
United States, including advanced lithium ion batteries and hybrid
electrical system and component manufacturers and software designers.
(b) Requirements.--The Secretary may provide a loan guarantee under
subsection (a) to an applicant if--
(1) without a loan guarantee, credit is not available to the
applicant under reasonable terms or conditions sufficient to
finance the construction of a facility described in subsection (a);
(2) the prospective earning power of the applicant and the
character and value of the security pledged provide a reasonable
assurance of repayment of the loan to be guaranteed in accordance
with the terms of the loan; and
(3) the loan bears interest at a rate determined by the
Secretary to be reasonable, taking into account the current average
yield on outstanding obligations of the United States with
remaining periods of maturity comparable to the maturity of the
loan.
(c) Criteria.--In selecting recipients of loan guarantees from
among applicants, the Secretary shall give preference to proposals
that--
(1) meet all applicable Federal and State permitting
requirements;
(2) are most likely to be successful; and
(3) are located in local markets that have the greatest need
for the facility.
(d) Maturity.--A loan guaranteed under subsection (a) shall have a
maturity of not more than 20 years.
(e) Terms and Conditions.--The loan agreement for a loan guaranteed
under subsection (a) shall provide that no provision of the loan
agreement may be amended or waived without the consent of the
Secretary.
(f) Assurance of Repayment.--The Secretary shall require that an
applicant for a loan guarantee under subsection (a) provide an
assurance of repayment in the form of a performance bond, insurance,
collateral, or other means acceptable to the Secretary in an amount
equal to not less than 20 percent of the amount of the loan.
(g) Guarantee Fee.--The recipient of a loan guarantee under
subsection (a) shall pay the Secretary an amount determined by the
Secretary to be sufficient to cover the administrative costs of the
Secretary relating to the loan guarantee.
(h) Full Faith and Credit.--The full faith and credit of the United
States is pledged to the payment of all guarantees made under this
section. Any such guarantee made by the Secretary shall be conclusive
evidence of the eligibility of the loan for the guarantee with respect
to principal and interest. The validity of the guarantee shall be
incontestable in the hands of a holder of the guaranteed loan.
(i) Reports.--Until each guaranteed loan under this section has
been repaid in full, the Secretary shall annually submit to Congress a
report on the activities of the Secretary under this section.
(j) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
(k) Termination of Authority.--The authority of the Secretary to
issue a loan guarantee under subsection (a) terminates on the date that
is 10 years after the date of enactment of this Act.
SEC. 136. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM.
(a) Definitions.--In this section:
(1) Advanced technology vehicle.--The term ``advanced
technology vehicle'' means a light duty vehicle that meets--
(A) the Bin 5 Tier II emission standard established in
regulations issued by the Administrator of the Environmental
Protection Agency under section 202(i) of the Clean Air Act (42
U.S.C. 7521(i)), or a lower-numbered Bin emission standard;
(B) any new emission standard in effect for fine
particulate matter prescribed by the Administrator under that
Act (42 U.S.C. 7401 et seq.); and
(C) at least 125 percent of the average base year combined
fuel economy for vehicles with substantially similar
attributes.
(2) Combined fuel economy.--The term ``combined fuel economy''
means--
(A) the combined city/highway miles per gallon values, as
reported in accordance with section 32904 of title 49, United
States Code; and
(B) in the case of an electric drive vehicle with the
ability to recharge from an off-board source, the reported
mileage, as determined in a manner consistent with the Society
of Automotive Engineers recommended practice for that
configuration or a similar practice recommended by the
Secretary.
(3) Engineering integration costs.--The term ``engineering
integration costs'' includes the cost of engineering tasks relating
to--
(A) incorporating qualifying components into the design of
advanced technology vehicles; and
(B) designing tooling and equipment and developing
manufacturing processes and material suppliers for production
facilities that produce qualifying components or advanced
technology vehicles.
(4) Qualifying components.--The term ``qualifying components''
means components that the Secretary determines to be--
(A) designed for advanced technology vehicles; and
(B) installed for the purpose of meeting the performance
requirements of advanced technology vehicles.
(b) Advanced Vehicles Manufacturing Facility.--The Secretary shall
provide facility funding awards under this section to automobile
manufacturers and component suppliers to pay not more than 30 percent
of the cost of--
(1) reequipping, expanding, or establishing a manufacturing
facility in the United States to produce--
(A) qualifying advanced technology vehicles; or
(B) qualifying components; and
(2) engineering integration performed in the United States of
qualifying vehicles and qualifying components.
(c) Period of Availability.--An award under subsection (b) shall
apply to--
(1) facilities and equipment placed in service before December
30, 2020; and
(2) engineering integration costs incurred during the period
beginning on the date of enactment of this Act and ending on
December 30, 2020.
(d) Direct Loan Program.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and subject to the availability of
appropriated funds, the Secretary shall carry out a program to
provide a total of not more than $25,000,000,000 in loans to
eligible individuals and entities (as determined by the Secretary)
for the costs of activities described in subsection (b).
(2) Application.--An applicant for a loan under this subsection
shall submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may
require, including a written assurance that--
(A) all laborers and mechanics employed by contractors or
subcontractors during construction, alteration, or repair that
is financed, in whole or in part, by a loan under this section
shall be paid wages at rates not less than those prevailing on
similar construction in the locality, as determined by the
Secretary of Labor in accordance with sections 3141-3144, 3146,
and 3147 of title 40, United States Code; and
(B) the Secretary of Labor shall, with respect to the labor
standards described in this paragraph, have the authority and
functions set forth in Reorganization Plan Numbered 14 of 1950
(5 U.S.C. App.) and section 3145 of title 40, United States
Code.
(3) Selection of eligible projects.--The Secretary shall select
eligible projects to receive loans under this subsection in cases
in which, as determined by the Secretary, the award recipient--
(A) is financially viable without the receipt of additional
Federal funding associated with the proposed project;
(B) will provide sufficient information to the Secretary
for the Secretary to ensure that the qualified investment is
expended efficiently and effectively; and
(C) has met such other criteria as may be established and
published by the Secretary.
(4) Rates, terms, and repayment of loans.--A loan provided
under this subsection--
(A) shall have an interest rate that, as of the date on
which the loan is made, is equal to the cost of funds to the
Department of the Treasury for obligations of comparable
maturity;
(B) shall have a term equal to the lesser of--
(i) the projected life, in years, of the eligible
project to be carried out using funds from the loan, as
determined by the Secretary; and
(ii) 25 years;
(C) may be subject to a deferral in repayment for not more
than 5 years after the date on which the eligible project
carried out using funds from the loan first begins operations,
as determined by the Secretary; and
(D) shall be made by the Federal Financing Bank.
(e) Improvement.--The Secretary shall issue regulations that
require that, in order for an automobile manufacturer to be eligible
for an award or loan under this section during a particular year, the
adjusted average fuel economy of the manufacturer for light duty
vehicles produced by the manufacturer during the most recent year for
which data are available shall be not less than the average fuel
economy for all light duty vehicles of the manufacturer for model year
2005. In order to determine fuel economy baselines for eligibility of a
new manufacturer or a manufacturer that has not produced previously
produced equivalent vehicles, the Secretary may substitute industry
averages.
(f) Fees.--Administrative costs shall be no more than $100,000 or
10 basis point of the loan.
(g) Priority.--The Secretary shall, in making awards or loans to
those manufacturers that have existing facilities, give priority to
those facilities that are oldest or have been in existence for at least
20 years. Such facilities can currently be sitting idle.
(h) Set Aside for Small Automobile Manufacturers and Component
Suppliers.--
(1) Definition of covered firm.--In this subsection, the term
``covered firm'' means a firm that--
(A) employs less than 500 individuals; and
(B) manufactures automobiles or components of automobiles.
(2) Set aside.--Of the amount of funds that are used to provide
awards for each fiscal year under subsection (b), the Secretary
shall use not less than 10 percent to provide awards to covered
firms or consortia led by a covered firm.
(i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 2008 through 2012.
Subtitle C--Federal Vehicle Fleets
SEC. 141. FEDERAL VEHICLE FLEETS.
Section 303 of the Energy Policy Act of 1992 (42 U.S.C. 13212) is
amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Vehicle Emission Requirements.--
``(1) Definitions.--In this subsection:
``(A) Federal agency.--The term `Federal agency' does not
include any office of the legislative branch, except that it
does include the House of Representatives with respect to an
acquisition described in paragraph (2)(C).
``(B) Medium duty passenger vehicle.--The term `medium duty
passenger vehicle' has the meaning given that term section
523.2 of title 49 of the Code of Federal Regulations, as in
effect on the date of enactment of this paragraph.
``(C) Member's representational allowance.--The term
`Member's Representational Allowance' means the allowance
described in section 101(a) of the House of Representatives
Administrative Reform Technical Corrections Act (2 U.S.C.
57b(a)).
``(2) Prohibition.--
``(A) In general.--Except as provided in subparagraph (B),
no Federal agency shall acquire a light duty motor vehicle or
medium duty passenger vehicle that is not a low greenhouse gas
emitting vehicle.
``(B) Exception.--The prohibition in subparagraph (A) shall
not apply to acquisition of a vehicle if the head of the agency
certifies in writing, in a separate certification for each
individual vehicle purchased, either--
``(i) that no low greenhouse gas emitting vehicle is
available to meet the functional needs of the agency and
details in writing the functional needs that could not be
met with a low greenhouse gas emitting vehicle; or
``(ii) that the agency has taken specific alternative
more cost-effective measures to reduce petroleum
consumption that--
``(I) have reduced a measured and verified quantity
of greenhouse gas emissions equal to or greater than
the quantity of greenhouse gas reductions that would
have been achieved through acquisition of a low
greenhouse gas emitting vehicle over the lifetime of
the vehicle; or
``(II) will reduce each year a measured and
verified quantity of greenhouse gas emissions equal to
or greater than the quantity of greenhouse gas
reductions that would have been achieved each year
through acquisition of a low greenhouse gas emitting
vehicle.
``(C) Special rule for vehicles provided by funds contained
in members' representational allowance.--This paragraph shall
apply to the acquisition of a light duty motor vehicle or
medium duty passenger vehicle using any portion of a Member's
Representational Allowance, including an acquisition under a
long-term lease.
``(3) Guidance.--
``(A) In general.--Each year, the Administrator of the
Environmental Protection Agency shall issue guidance
identifying the makes and model numbers of vehicles that are
low greenhouse gas emitting vehicles.
``(B) Consideration.--In identifying vehicles under
subparagraph (A), the Administrator shall take into account the
most stringent standards for vehicle greenhouse gas emissions
applicable to and enforceable against motor vehicle
manufacturers for vehicles sold anywhere in the United States.
``(C) Requirement.--The Administrator shall not identify
any vehicle as a low greenhouse gas emitting vehicle if the
vehicle emits greenhouse gases at a higher rate than such
standards allow for the manufacturer's fleet average grams per
mile of carbon dioxide-equivalent emissions for that class of
vehicle, taking into account any emissions allowances and
adjustment factors such standards provide.''.
SEC. 142. FEDERAL FLEET CONSERVATION REQUIREMENTS.
Part J of title III of the Energy Policy and Conservation Act (42
U.S.C. 6374 et seq.) is amended by adding at the end the following:
``SEC. 400FF. FEDERAL FLEET CONSERVATION REQUIREMENTS.
``(a) Mandatory Reduction in Petroleum Consumption.--
``(1) In general.--Not later than 18 months after the date of
enactment of this section, the Secretary shall issue regulations
for Federal fleets subject to section 400AA to require that,
beginning in fiscal year 2010, each Federal agency shall reduce
petroleum consumption and increase alternative fuel consumption
each year by an amount necessary to meet the goals described in
paragraph (2).
``(2) Goals.--The goals of the requirements under paragraph (1)
are that not later than October 1, 2015, and for each year
thereafter, each Federal agency shall achieve at least a 20 percent
reduction in annual petroleum consumption and a 10 percent increase
in annual alternative fuel consumption, as calculated from the
baseline established by the Secretary for fiscal year 2005.
``(3) Milestones.--The Secretary shall include in the
regulations described in paragraph (1)--
``(A) interim numeric milestones to assess annual agency
progress towards accomplishing the goals described in that
paragraph; and
``(B) a requirement that agencies annually report on
progress towards meeting each of the milestones and the 2015
goals.
``(b) Plan.--
``(1) Requirement.--
``(A) In general.--The regulations under subsection (a)
shall require each Federal agency to develop a plan, and
implement the measures specified in the plan by dates specified
in the plan, to meet the required petroleum reduction levels
and the alternative fuel consumption increases, including the
milestones specified by the Secretary.
``(B) Inclusions.--The plan shall--
``(i) identify the specific measures the agency will
use to meet the requirements of subsection (a)(2); and
``(ii) quantify the reductions in petroleum consumption
or increases in alternative fuel consumption projected to
be achieved by each measure each year.
``(2) Measures.--The plan may allow an agency to meet the
required petroleum reduction level through--
``(A) the use of alternative fuels;
``(B) the acquisition of vehicles with higher fuel economy,
including hybrid vehicles, neighborhood electric vehicles,
electric vehicles, and plug-in hybrid vehicles if the vehicles
are commercially available;
``(C) the substitution of cars for light trucks;
``(D) an increase in vehicle load factors;
``(E) a decrease in vehicle miles traveled;
``(F) a decrease in fleet size; and
``(G) other measures.''.
TITLE II--ENERGY SECURITY THROUGH INCREASED PRODUCTION OF BIOFUELS
Subtitle A--Renewable Fuel Standard
SEC. 201. DEFINITIONS.
Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)) is
amended to read as follows:
``(1) Definitions.--In this section:
``(A) Additional renewable fuel.--The term `additional
renewable fuel' means fuel that is produced from renewable
biomass and that is used to replace or reduce the quantity of
fossil fuel present in home heating oil or jet fuel.
``(B) Advanced biofuel.--
``(i) In general.--The term `advanced biofuel' means
renewable fuel, other than ethanol derived from corn
starch, that has lifecycle greenhouse gas emissions, as
determined by the Administrator, after notice and
opportunity for comment, that are at least 50 percent less
than baseline lifecycle greenhouse gas emissions.
``(ii) Inclusions.--The types of fuels eligible for
consideration as `advanced biofuel' may include any of the
following:
``(I) Ethanol derived from cellulose,
hemicellulose, or lignin.
``(II) Ethanol derived from sugar or starch (other
than corn starch).
``(III) Ethanol derived from waste material,
including crop residue, other vegetative waste
material, animal waste, and food waste and yard waste.
``(IV) Biomass-based diesel.
``(V) Biogas (including landfill gas and sewage
waste treatment gas) produced through the conversion of
organic matter from renewable biomass.
``(VI) Butanol or other alcohols produced through
the conversion of organic matter from renewable
biomass.
``(VII) Other fuel derived from cellulosic biomass.
``(C) Baseline lifecycle greenhouse gas emissions.--The
term `baseline lifecycle greenhouse gas emissions' means the
average lifecycle greenhouse gas emissions, as determined by
the Administrator, after notice and opportunity for comment,
for gasoline or diesel (whichever is being replaced by the
renewable fuel) sold or distributed as transportation fuel in
2005.
``(D) Biomass-based diesel.--The term `biomass-based
diesel' means renewable fuel that is biodiesel as defined in
section 312(f) of the Energy Policy Act of 1992 (42 U.S.C.
13220(f)) and that has lifecycle greenhouse gas emissions, as
determined by the Administrator, after notice and opportunity
for comment, that are at least 50 percent less than the
baseline lifecycle greenhouse gas emissions. Notwithstanding
the preceding sentence, renewable fuel derived from co-
processing biomass with a petroleum feedstock shall be advanced
biofuel if it meets the requirements of subparagraph (B), but
is not biomass-based diesel.
``(E) Cellulosic biofuel.--The term `cellulosic biofuel'
means renewable fuel derived from any cellulose, hemicellulose,
or lignin that is derived from renewable biomass and that has
lifecycle greenhouse gas emissions, as determined by the
Administrator, that are at least 60 percent less than the
baseline lifecycle greenhouse gas emissions.
``(F) Conventional biofuel.--The term `conventional
biofuel' means renewable fuel that is ethanol derived from corn
starch.
``(G) Greenhouse gas.--The term `greenhouse gas' means
carbon dioxide, hydrofluorocarbons, methane, nitrous oxide,
perfluorocarbons, sulfur hexafluoride. The Administrator may
include any other anthropogenically-emitted gas that is
determined by the Administrator, after notice and comment, to
contribute to global warming.
``(H) Lifecycle greenhouse gas emissions.--The term
`lifecycle greenhouse gas emissions' means the aggregate
quantity of greenhouse gas emissions (including direct
emissions and significant indirect emissions such as
significant emissions from land use changes), as determined by
the Administrator, related to the full fuel lifecycle,
including all stages of fuel and feedstock production and
distribution, from feedstock generation or extraction through
the distribution and delivery and use of the finished fuel to
the ultimate consumer, where the mass values for all greenhouse
gases are adjusted to account for their relative global warming
potential.
``(I) Renewable biomass.--The term `renewable biomass'
means each of the following:
``(i) Planted crops and crop residue harvested from
agricultural land cleared or cultivated at any time prior
to the enactment of this sentence that is either actively
managed or fallow, and nonforested.
``(ii) Planted trees and tree residue from actively
managed tree plantations on non-federal land cleared at any
time prior to enactment of this sentence, including land
belonging to an Indian tribe or an Indian individual, that
is held in trust by the United States or subject to a
restriction against alienation imposed by the United
States.
``(iii) Animal waste material and animal byproducts.
``(iv) Slash and pre-commercial thinnings that are from
non-federal forestlands, including forestlands belonging to
an Indian tribe or an Indian individual, that are held in
trust by the United States or subject to a restriction
against alienation imposed by the United States, but not
forests or forestlands that are ecological communities with
a global or State ranking of critically imperiled,
imperiled, or rare pursuant to a State Natural Heritage
Program, old growth forest, or late successional forest.
``(v) Biomass obtained from the immediate vicinity of
buildings and other areas regularly occupied by people, or
of public infrastructure, at risk from wildfire.
``(vi) Algae.
``(vii) Separated yard waste or food waste, including
recycled cooking and trap grease.
``(J) Renewable fuel.--The term `renewable fuel' means fuel
that is produced from renewable biomass and that is used to
replace or reduce the quantity of fossil fuel present in a
transportation fuel.
``(K) Small refinery.--The term `small refinery' means a
refinery for which the average aggregate daily crude oil
throughput for a calendar year (as determined by dividing the
aggregate throughput for the calendar year by the number of
days in the calendar year) does not exceed 75,000 barrels.
``(L) Transportation fuel.--The term `transportation fuel'
means fuel for use in motor vehicles, motor vehicle engines,
nonroad vehicles, or nonroad engines (except for ocean-going
vessels).''.
SEC. 202. RENEWABLE FUEL STANDARD.
(a) Renewable Fuel Program.--Paragraph (2) of section 211(o) (42
U.S.C. 7545(o)(2)) of the Clean Air Act is amended as follows:
(1) Regulations.--Clause (i) of subparagraph (A) is amended by
adding the following at the end thereof: ``Not later than 1 year
after the date of enactment of this sentence, the Administrator
shall revise the regulations under this paragraph to ensure that
transportation fuel sold or introduced into commerce in the United
States (except in noncontiguous States or territories), on an
annual average basis, contains at least the applicable volume of
renewable fuel, advanced biofuel, cellulosic biofuel, and biomass-
based diesel, determined in accordance with subparagraph (B) and,
in the case of any such renewable fuel produced from new facilities
that commence construction after the date of enactment of this
sentence, achieves at least a 20 percent reduction in lifecycle
greenhouse gas emissions compared to baseline lifecycle greenhouse
gas emissions.''.
(2) Applicable volumes of renewable fuel.--Subparagraph (B) is
amended to read as follows:
``(B) Applicable volumes.--
``(i) Calendar years after 2005.--
``(I) Renewable fuel.--For the purpose of
subparagraph (A), the applicable volume of renewable
fuel for the calendar years 2006 through 2022 shall be
determined in accordance with the following table:
Applicable volume of renewable fuel
``Calendar year:
(in billions of gallons):
2006......................................
4.0
2007......................................
4.7
2008......................................
9.0
2009......................................
11.1
2010......................................
12.95
2011......................................
13.95
2012......................................
15.2
2013......................................
16.55
2014......................................
18.15
2015......................................
20.5
2016......................................
22.25
2017......................................
24.0
2018......................................
26.0
2019......................................
28.0
2020......................................
30.0
2021......................................
33.0
2022......................................
36.0
``(II) Advanced biofuel.--For the purpose of
subparagraph (A), of the volume of renewable fuel
required under subclause (I), the applicable volume of
advanced biofuel for the calendar years 2009 through
2022 shall be determined in accordance with the
following table:
Applicable volume of advanced biofuel
``Calendar year:
(in billions of gallons):
2009......................................
0.6
2010......................................
0.95
2011......................................
1.35
2012......................................
2.0
2013......................................
2.75
2014......................................
3.75
2015......................................
5.5
2016......................................
7.25
2017......................................
9.0
2018......................................
11.0
2019......................................
13.0
2020......................................
15.0
2021......................................
18.0
2022......................................
21.0
``(III) Cellulosic biofuel.--For the purpose of
subparagraph (A), of the volume of advanced biofuel
required under subclause (II), the applicable volume of
cellulosic biofuel for the calendar years 2010 through
2022 shall be determined in accordance with the
following table:
Applicable volume of cellulosic biofuel
``Calendar year:
(in billions of gallons):
2010......................................
0.1
2011......................................
0.25
2012......................................
0.5
2013......................................
1.0
2014......................................
1.75
2015......................................
3.0
2016......................................
4.25
2017......................................
5.5
2018......................................
7.0
2019......................................
8.5
2020......................................
10.5
2021......................................
13.5
2022......................................
16.0
``(IV) Biomass-based diesel.--For the purpose of
subparagraph (A), of the volume of advanced biofuel
required under subclause (II), the applicable volume of
biomass-based diesel for the calendar years 2009
through 2012 shall be determined in accordance with the
following table:
Applicable volume of biomass-based diesel
``Calendar year:
(in billions of gallons):
2009......................................
0.5
2010......................................
0.65
2011......................................
0.80
2012......................................
1.0
``(ii) Other calendar years.--For the purposes of
subparagraph (A), the applicable volumes of each fuel
specified in the tables in clause (i) for calendar years
after the calendar years specified in the tables shall be
determined by the Administrator, in coordination with the
Secretary of Energy and the Secretary of Agriculture, based
on a review of the implementation of the program during
calendar years specified in the tables, and an analysis
of--
``(I) the impact of the production and use of
renewable fuels on the environment, including on air
quality, climate change, conversion of wetlands,
ecosystems, wildlife habitat, water quality, and water
supply;
``(II) the impact of renewable fuels on the energy
security of the United States;
``(III) the expected annual rate of future
commercial production of renewable fuels, including
advanced biofuels in each category (cellulosic biofuel
and biomass-based diesel);
``(IV) the impact of renewable fuels on the
infrastructure of the United States, including
deliverability of materials, goods, and products other
than renewable fuel, and the sufficiency of
infrastructure to deliver and use renewable fuel;
``(V) the impact of the use of renewable fuels on
the cost to consumers of transportation fuel and on the
cost to transport goods; and
``(VI) the impact of the use of renewable fuels on
other factors, including job creation, the price and
supply of agricultural commodities, rural economic
development, and food prices.
The Administrator shall promulgate rules establishing the
applicable volumes under this clause no later than 14
months before the first year for which such applicable
volume will apply.
``(iii) Applicable volume of advanced biofuel.--For the
purpose of making the determinations in clause (ii), for
each calendar year, the applicable volume of advanced
biofuel shall be at least the same percentage of the
applicable volume of renewable fuel as in calendar year
2022.
``(iv) Applicable volume of cellulosic biofuel.--For
the purpose of making the determinations in clause (ii),
for each calendar year, the applicable volume of cellulosic
biofuel established by the Administrator shall be based on
the assumption that the Administrator will not need to
issue a waiver for such years under paragraph (7)(D).
``(v) Minimum applicable volume of biomass-based
diesel.--For the purpose of making the determinations in
clause (ii), the applicable volume of biomass-based diesel
shall not be less than the applicable volume listed in
clause (i)(IV) for calendar year 2012.''.
(b) Applicable Percentages.--Paragraph (3) of section 211(o) of the
Clean Air Act (42 U.S.C. 7545(o)(3)) is amended as follows:
(1) In subparagraph (A), by striking ``2011'' and inserting
``2021''.
(2) In subparagraph (A), by striking ``gasoline'' and inserting
``transportation fuel, biomass-based diesel, and cellulosic
biofuel''.
(3) In subparagraph (B), by striking ``2012'' and inserting
``2021'' in clause (i).
(4) In subparagraph (B), by striking ``gasoline'' and inserting
``transportation fuel'' in clause (ii)(II).
(c) Modification of Greenhouse Gas Percentages.--Paragraph (4) of
section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(4)) is amended
to read as follows:
``(4) Modification of greenhouse gas reduction percentages.--
``(A) In general.--The Administrator may, in the
regulations under the last sentence of paragraph (2)(A)(i),
adjust the 20 percent, 50 percent, and 60 percent reductions in
lifecycle greenhouse gas emissions specified in paragraphs
(2)(A)(i) (relating to renewable fuel), (1)(D) (relating to
biomass-based diesel), (1)(B)(i) (relating to advanced
biofuel), and (1)(E) (relating to cellulosic biofuel) to a
lower percentage. For the 50 and 60 percent reductions, the
Administrator may make such an adjustment only if he determines
that generally such reduction is not commercially feasible for
fuels made using a variety of feedstocks, technologies, and
processes to meet the applicable reduction.
``(B) Amount of adjustment.--In promulgating regulations
under this paragraph, the specified 50 percent reduction in
greenhouse gas emissions from advanced biofuel and in biomass-
based diesel may not be reduced below 40 percent. The specified
20 percent reduction in greenhouse gas emissions from renewable
fuel may not be reduced below 10 percent, and the specified 60
percent reduction in greenhouse gas emissions from cellulosic
biofuel may not be reduced below 50 percent.
``(C) Adjusted reduction levels.--An adjustment under this
paragraph to a percent less than the specified 20 percent
greenhouse gas reduction for renewable fuel shall be the
minimum possible adjustment, and the adjusted greenhouse gas
reduction shall be established by the Administrator at the
maximum achievable level, taking cost in consideration, for
natural gas fired corn-based ethanol plants, allowing for the
use of a variety of technologies and processes. An adjustment
in the 50 or 60 percent greenhouse gas levels shall be the
minimum possible adjustment for the fuel or fuels concerned,
and the adjusted greenhouse gas reduction shall be established
at the maximum achievable level, taking cost in consideration,
allowing for the use of a variety of feedstocks, technologies,
and processes.
``(D) 5-year review.--Whenever the Administrator makes any
adjustment under this paragraph, not later than 5 years
thereafter he shall review and revise (based upon the same
criteria and standards as required for the initial adjustment)
the regulations establishing the adjusted level.
``(E) Subsequent adjustments.--After the Administrator has
promulgated a final rule under the last sentence of paragraph
(2)(A)(i) with respect to the method of determining lifecycle
greenhouse gas emissions, except as provided in subparagraph
(D), the Administrator may not adjust the percent greenhouse
gas reduction levels unless he determines that there has been a
significant change in the analytical methodology used for
determining the lifecycle greenhouse gas emissions. If he makes
such determination, he may adjust the 20, 50, or 60 percent
reduction levels through rulemaking using the criteria and
standards set forth in this paragraph.
``(F) Limit on upward adjustments.--If, under subparagraph
(D) or (E), the Administrator revises a percent level adjusted
as provided in subparagraphs (A), (B), and (C) to a higher
percent, such higher percent may not exceed the applicable
percent specified in paragraph (2)(A)(i), (1)(D), (1)(B)(i), or
(1)(E).
``(G) Applicability of adjustments.--If the Administrator
adjusts, or revises, a percent level referred to in this
paragraph or makes a change in the analytical methodology used
for determining the lifecycle greenhouse gas emissions, such
adjustment, revision, or change (or any combination thereof)
shall only apply to renewable fuel from new facilities that
commence construction after the effective date of such
adjustment, revision, or change.''.
(d) Credits for Additional Renewable Fuel.--Paragraph (5) of
section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(5)) is amended
by adding the following new subparagraph at the end thereof:
``(E) Credits for additional renewable fuel.--The
Administrator may issue regulations providing: (i) for the
generation of an appropriate amount of credits by any person
that refines, blends, or imports additional renewable fuels
specified by the Administrator; and (ii) for the use of such
credits by the generator, or the transfer of all or a portion
of the credits to another person, for the purpose of complying
with paragraph (2).''.
(e) Waivers.--
(1) In general.--Paragraph (7)(A) of section 211(o) of the
Clean Air Act (42 U.S.C. 7545(o)(7)(A)) is amended by inserting ``,
by any person subject to the requirements of this subsection, or by
the Administrator on his own motion'' after ``one or more States''
in subparagraph (A) and by striking out ``State'' in subparagraph
(B).
(2) Cellulosic biofuel.--Paragraph (7) of section 211(o) of the
Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by adding the
following at the end thereof:
``(D) Cellulosic biofuel.--(i) For any calendar year for
which the projected volume of cellulosic biofuel production is
less than the minimum applicable volume established under
paragraph (2)(B), as determined by the Administrator based on
the estimate provided under paragraph (3)(A), not later than
November 30 of the preceding calendar year, the Administrator
shall reduce the applicable volume of cellulosic biofuel
required under paragraph (2)(B) to the projected volume
available during that calendar year. For any calendar year in
which the Administrator makes such a reduction, the
Administrator may also reduce the applicable volume of
renewable fuel and advanced biofuels requirement established
under paragraph (2)(B) by the same or a lesser volume.
``(ii) Whenever the Administrator reduces the minimum
cellulosic biofuel volume under this subparagraph, the
Administrator shall make available for sale cellulosic biofuel
credits at the higher of $0.25 per gallon or the amount by
which $3.00 per gallon exceeds the average wholesale price of a
gallon of gasoline in the United States. Such amounts shall be
adjusted for inflation by the Administrator for years after
2008.
``(iii) Eighteen months after the date of enactment of this
subparagraph, the Administrator shall promulgate regulations to
govern the issuance of credits under this subparagraph. The
regulations shall set forth the method for determining the
exact price of credits in the event of a waiver. The price of
such credits shall not be changed more frequently than once
each quarter. These regulations shall include such provisions,
including limiting the credits' uses and useful life, as the
Administrator deems appropriate to assist market liquidity and
transparency, to provide appropriate certainty for regulated
entities and renewable fuel producers, and to limit any
potential misuse of cellulosic biofuel credits to reduce the
use of other renewable fuels, and for such other purposes as
the Administrator determines will help achieve the goals of
this subsection. The regulations shall limit the number of
cellulosic biofuel credits for any calendar year to the minimum
applicable volume (as reduced under this subparagraph) of
cellulosic biofuel for that year.''.
(3) Biomass-based diesel.--Paragraph (7) of section 211(o) of
the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by adding the
following at the end thereof:
``(E) Biomass-based diesel.--
``(i) Market evaluation.--The Administrator, in
consultation with the Secretary of Energy and the Secretary
of Agriculture, shall periodically evaluate the impact of
the biomass-based diesel requirements established under
this paragraph on the price of diesel fuel.
``(ii) Waiver.--If the Administrator determines that
there is a significant renewable feedstock disruption or
other market circumstances that would make the price of
biomass-based diesel fuel increase significantly, the
Administrator, in consultation with the Secretary of Energy
and the Secretary of Agriculture, shall issue an order to
reduce, for up to a 60-day period, the quantity of biomass-
based diesel required under subparagraph (A) by an
appropriate quantity that does not exceed 15 percent of the
applicable annual requirement for biomass-based diesel. For
any calendar year in which the Administrator makes a
reduction under this subparagraph, the Administrator may
also reduce the applicable volume of renewable fuel and
advanced biofuels requirement established under paragraph
(2)(B) by the same or a lesser volume.
``(iii) Extensions.--If the Administrator determines
that the feedstock disruption or circumstances described in
clause (ii) is continuing beyond the 60-day period
described in clause (ii) or this clause, the Administrator,
in consultation with the Secretary of Energy and the
Secretary of Agriculture, may issue an order to reduce, for
up to an additional 60-day period, the quantity of biomass-
based diesel required under subparagraph (A) by an
appropriate quantity that does not exceed an additional 15
percent of the applicable annual requirement for biomass-
based diesel.
``(F) Modification of applicable volumes.--For any of the
tables in paragraph (2)(B), if the Administrator waives--
``(i) at least 20 percent of the applicable volume
requirement set forth in any such table for 2 consecutive
years; or
``(ii) at least 50 percent of such volume requirement
for a single year,
the Administrator shall promulgate a rule (within 1 year after
issuing such waiver) that modifies the applicable volumes set
forth in the table concerned for all years following the final
year to which the waiver applies, except that no such
modification in applicable volumes shall be made for any year
before 2016. In promulgating such a rule, the Administrator
shall comply with the processes, criteria, and standards set
forth in paragraph (2)(B)(ii).''.
SEC. 203. STUDY OF IMPACT OF RENEWABLE FUEL STANDARD.
(a) In General.--The Secretary of Energy, in consultation with the
Secretary of Agriculture and the Administrator of the Environmental
Protection Agency, shall enter into an arrangement with the National
Academy of Sciences under which the Academy shall conduct a study to
assess the impact of the requirements described in section 211(o) of
the Clean Air Act on each industry relating to the production of feed
grains, livestock, food, forest products, and energy.
(b) Participation.--In conducting the study under this section, the
National Academy of Sciences shall seek the participation, and consider
the input, of--
(1) producers of feed grains;
(2) producers of livestock, poultry, and pork products;
(3) producers of food and food products;
(4) producers of energy;
(5) individuals and entities interested in issues relating to
conservation, the environment, and nutrition;
(6) users and consumers of renewable fuels;
(7) producers and users of biomass feedstocks; and
(8) land grant universities.
(c) Considerations.--In conducting the study, the National Academy
of Sciences shall consider--
(1) the likely impact on domestic animal agriculture feedstocks
that, in any crop year, are significantly below current
projections;
(2) policy options to alleviate the impact on domestic animal
agriculture feedstocks that are significantly below current
projections; and
(3) policy options to maintain regional agricultural and
silvicultural capability.
(d) Components.--The study shall include--
(1) a description of the conditions under which the
requirements described in section 211(o) of the Clean Air Act
should be suspended or reduced to prevent adverse impacts to
domestic animal agriculture feedstocks described in subsection
(c)(2) or regional agricultural and silvicultural capability
described in subsection (c)(3); and
(2) recommendations for the means by which the Federal
Government could prevent or minimize adverse economic hardships and
impacts.
(e) Deadline for Completion of Study.--Not later than 18 months
after the date of enactment of this Act, the Secretary shall submit to
Congress a report that describes the results of the study under this
section.
(f) Periodic Reviews.--Section 211(o) of the Clean Air Act is
amended by adding the following at the end thereof:
``(11) Periodic reviews.--To allow for the appropriate
adjustment of the requirements described in subparagraph (B) of
paragraph (2), the Administrator shall conduct periodic reviews
of--
``(A) existing technologies;
``(B) the feasibility of achieving compliance with the
requirements; and
``(C) the impacts of the requirements described in
subsection (a)(2) on each individual and entity described in
paragraph (2).''.
SEC. 204. ENVIRONMENTAL AND RESOURCE CONSERVATION IMPACTS.
(a) In General.--Not later than 3 years after the enactment of this
section and every 3 years thereafter, the Administrator of the
Environmental Protection Agency, in consultation with the Secretary of
Agriculture and the Secretary of Energy, shall assess and report to
Congress on the impacts to date and likely future impacts of the
requirements of section 211(o) of the Clean Air Act on the following:
(1) Environmental issues, including air quality, effects on
hypoxia, pesticides, sediment, nutrient and pathogen levels in
waters, acreage and function of waters, and soil environmental
quality.
(2) Resource conservation issues, including soil conservation,
water availability, and ecosystem health and biodiversity,
including impacts on forests, grasslands, and wetlands.
(3) The growth and use of cultivated invasive or noxious plants
and their impacts on the environment and agriculture.
In advance of preparing the report required by this subsection, the
Administrator may seek the views of the National Academy of Sciences or
another appropriate independent research institute. The report shall
include the annual volume of imported renewable fuels and feedstocks
for renewable fuels, and the environmental impacts outside the United
States of producing such fuels and feedstocks. The report required by
this subsection shall include recommendations for actions to address
any adverse impacts found.
(b) Effect on Air Quality and Other Environmental Requirements.--
Except as provided in section 211(o)(12) of the Clean Air Act, nothing
in the amendments made by this title to section 211(o) of the Clean Air
Act shall be construed as superseding, or limiting, any more
environmentally protective requirement under the Clean Air Act, or
under any other provision of State or Federal law or regulation,
including any environmental law or regulation.
SEC. 205. BIOMASS-BASED DIESEL AND BIODIESEL LABELING.
(a) In General.--Each retail diesel fuel pump shall be labeled in a
manner that informs consumers of the percent of biomass-based diesel or
biodiesel that is contained in the biomass-based diesel blend or
biodiesel blend that is offered for sale, as determined by the Federal
Trade Commission.
(b) Labeling Requirements.--Not later than 180 days after the date
of enactment of this section, the Federal Trade Commission shall
promulgate biodiesel labeling requirements as follows:
(1) Biomass-based diesel blends or biodiesel blends that
contain less than or equal to 5 percent biomass-based diesel or
biodiesel by volume and that meet ASTM D975 diesel specifications
shall not require any additional labels.
(2) Biomass-based diesel blends or biodiesel blends that
contain more than 5 percent biomass-based diesel or biodiesel by
volume but not more than 20 percent by volume shall be labeled
``contains biomass-based diesel or biodiesel in quantities between
5 percent and 20 percent''.
(3) Biomass-based diesel or biodiesel blends that contain more
than 20 percent biomass based or biodiesel by volume shall be
labeled ``contains more than 20 percent biomass-based diesel or
biodiesel''.
(c) Definitions.--In this section:
(1) ASTM.--The term ``ASTM'' means the American Society of
Testing and Materials.
(2) Biomass-based diesel.--The term ``biomass-based diesel''
means biodiesel as defined in section 312(f) of the Energy Policy
Act of 1992 (42 U.S.C. 13220(f)).
(3) Biodiesel.--The term ``biodiesel'' means the monoalkyl
esters of long chain fatty acids derived from plant or animal
matter that meet--
(A) the registration requirements for fuels and fuel
additives under this section; and
(B) the requirements of ASTM standard D6751.
(4) Biomass-based diesel and biodiesel blends.--The terms
``biomass-based diesel blend'' and ``biodiesel blend'' means a
blend of ``biomass-based diesel'' or ``biodiesel'' fuel that is
blended with petroleum-based diesel fuel.
SEC. 206. STUDY OF CREDITS FOR USE OF RENEWABLE ELECTRICITY IN ELECTRIC
VEHICLES.
(a) Definition of Electric Vehicle.--In this section, the term
``electric vehicle'' means an electric motor vehicle (as defined in
section 601 of the Energy Policy Act of 1992 (42 U.S.C. 13271)) for
which the rechargeable storage battery--
(1) receives a charge directly from a source of electric
current that is external to the vehicle; and
(2) provides a minimum of 80 percent of the motive power of the
vehicle.
(b) Study.--The Administrator of the Environmental Protection
Agency shall conduct a study on the feasibility of issuing credits
under the program established under section 211(o) of the Clean Air Act
to electric vehicles powered by electricity produced from renewable
energy sources.
(c) Report.--Not later than 18 months after the date of enactment
of this Act, the Administrator shall submit to the Committee on Energy
and Natural Resources of the United States Senate and the Committee on
Energy and Commerce of the United States House of Representatives a
report that describes the results of the study, including a description
of--
(1) existing programs and studies on the use of renewable
electricity as a means of powering electric vehicles; and
(2) alternatives for--
(A) designing a pilot program to determine the feasibility
of using renewable electricity to power electric vehicles as an
adjunct to a renewable fuels mandate;
(B) allowing the use, under the pilot program designed
under subparagraph (A), of electricity generated from nuclear
energy as an additional source of supply;
(C) identifying the source of electricity used to power
electric vehicles; and
(D) equating specific quantities of electricity to
quantities of renewable fuel under section 211(o) of the Clean
Air Act.
SEC. 207. GRANTS FOR PRODUCTION OF ADVANCED BIOFUELS.
(a) In General.--The Secretary of Energy shall establish a grant
program to encourage the production of advanced biofuels.
(b) Requirements and Priority.--In making grants under this
section, the Secretary--
(1) shall make awards to the proposals for advanced biofuels
with the greatest reduction in lifecycle greenhouse gas emissions
compared to the comparable motor vehicle fuel lifecycle emissions
during calendar year 2005; and
(2) shall not make an award to a project that does not achieve
at least an 80 percent reduction in such lifecycle greenhouse gas
emissions.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $500,000,000 for the period of
fiscal years 2008 through 2015.
SEC. 208. INTEGRATED CONSIDERATION OF WATER QUALITY IN DETERMINATIONS
ON FUELS AND FUEL ADDITIVES.
Section 211(c)(1) of the Clean Air Act (42 U.S.C. 7545(c)(1)) is
amended as follows:
(1) By striking ``nonroad vehicle (A) if in the judgment of the
Administrator'' and inserting ``nonroad vehicle if, in the judgment
of the Administrator, any fuel or fuel additive or''; and
(2) In subparagraph (A), by striking ``air pollution which''
and inserting ``air pollution or water pollution (including any
degradation in the quality of groundwater) that''.
SEC. 209. ANTI-BACKSLIDING.
Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by
adding at the end the following:
``(v) Prevention of Air Quality Deterioration.--
``(1) Study.--
``(A) In general.--Not later than 18 months after the date
of enactment of this subsection, the Administrator shall
complete a study to determine whether the renewable fuel
volumes required by this section will adversely impact air
quality as a result of changes in vehicle and engine emissions
of air pollutants regulated under this Act.
``(B) Considerations.--The study shall include
consideration of--
``(i) different blend levels, types of renewable fuels,
and available vehicle technologies; and
``(ii) appropriate national, regional, and local air
quality control measures.
``(2) Regulations.--Not later than 3 years after the date of
enactment of this subsection, the Administrator shall--
``(A) promulgate fuel regulations to implement appropriate
measures to mitigate, to the greatest extent achievable,
considering the results of the study under paragraph (1), any
adverse impacts on air quality, as the result of the renewable
volumes required by this section; or
``(B) make a determination that no such measures are
necessary.''.
SEC. 210. EFFECTIVE DATE, SAVINGS PROVISION, AND TRANSITION RULES.
(a) Transition Rules.--(1) For calendar year 2008, transportation
fuel sold or introduced into commerce in the United States (except in
noncontiguous States or territories), that is produced from facilities
that commence construction after the date of enactment of this Act
shall be treated as renewable fuel within the meaning of section 211(o)
of the Clean Air Act only if it achieves at least a 20 percent
reduction in lifecycle greenhouse gas emissions compared to baseline
lifecycle greenhouse gas emissions. For calendar years 2008 and 2009,
any ethanol plant that is fired with natural gas, biomass, or any
combination thereof is deemed to be in compliance with such 20 percent
reduction requirement and with the 20 percent reduction requirement of
section 211(o)(1) of the Clean Air Act. The terms used in this
subsection shall have the same meaning as provided in the amendment
made by this Act to section 211(o) of the Clean Air Act.
(2) Until January 1, 2009, the Administrator of the Environmental
Protection Agency shall implement section 211(o) of the Clean Air Act
and the rules promulgated under that section in accordance with the
provisions of that section as in effect before the enactment of this
Act and in accordance with the rules promulgated before the enactment
of this Act, except that for calendar year 2008, the number ``9.0''
shall be substituted for the number ``5.4'' in the table in section
211(o)(2)(B) and in the corresponding rules promulgated to carry out
those provisions. The Administrator is authorized to take such other
actions as may be necessary to carry out this paragraph notwithstanding
any other provision of law.
(b) Savings Clause.--Section 211(o) of the Clean Air Act (42 U.S.C.
7545(o)) is amended by adding the following new paragraph at the end
thereof:
``(12) Effect on other provisions.--Nothing in this subsection,
or regulations issued pursuant to this subsection, shall affect or
be construed to affect the regulatory status of carbon dioxide or
any other greenhouse gas, or to expand or limit regulatory
authority regarding carbon dioxide or any other greenhouse gas, for
purposes of other provisions (including section 165) of this Act.
The previous sentence shall not affect implementation and
enforcement of this subsection.''.
(c) Effective Date.--The amendments made by this title to section
211(o) of the Clean Air Act shall take effect January 1, 2009, except
that the Administrator shall promulgate regulations to carry out such
amendments not later than 1 year after the enactment of this Act.
Subtitle B--Biofuels Research and Development
SEC. 221. BIODIESEL.
(a) Biodiesel Study.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall submit to
Congress a report on any research and development challenges inherent
in increasing the proportion of diesel fuel sold in the United States
that is biodiesel.
(b) Material for the Establishment of Standards.--The Director of
the National Institute of Standards and Technology, in consultation
with the Secretary, shall make publicly available the physical property
data and characterization of biodiesel and other biofuels as
appropriate.
SEC. 222. BIOGAS.
Not later than 180 days after the date of enactment of this Act,
the Secretary, in consultation with the Administrator of the
Environmental Protection Agency, shall submit to Congress a report on
any research and development challenges inherent in increasing the
amount of transportation fuels sold in the United States that are fuel
with biogas or a blend of biogas and natural gas.
SEC. 223. GRANTS FOR BIOFUEL PRODUCTION RESEARCH AND DEVELOPMENT IN
CERTAIN STATES.
(a) In General.--The Secretary shall provide grants to eligible
entities for research, development, demonstration, and commercial
application of biofuel production technologies in States with low rates
of ethanol production, including low rates of production of cellulosic
biomass ethanol, as determined by the Secretary.
(b) Eligibility.--To be eligible to receive a grant under this
section, an entity shall--
(1)(A) be an institution of higher education (as defined in
section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)),
including tribally controlled colleges or universities, located in
a State described in subsection (a); or
(B) be a consortium including at least 1 such institution of
higher education and industry, State agencies, Indian tribal
agencies, National Laboratories, or local government agencies
located in the State; and
(2) have proven experience and capabilities with relevant
technologies.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $25,000,000 for
each of fiscal years 2008 through 2010.
SEC. 224. BIOREFINERY ENERGY EFFICIENCY.
Section 932 of the Energy Policy Act of 2005 (42 U.S.C. 16232) is
amended by adding at the end the following new subsections:
``(g) Biorefinery Energy Efficiency.--The Secretary shall establish
a program of research, development, demonstration, and commercial
application for increasing energy efficiency and reducing energy
consumption in the operation of biorefinery facilities.
``(h) Retrofit Technologies for the Development of Ethanol From
Cellulosic Materials.--The Secretary shall establish a program of
research, development, demonstration, and commercial application on
technologies and processes to enable biorefineries that exclusively use
corn grain or corn starch as a feedstock to produce ethanol to be
retrofitted to accept a range of biomass, including lignocellulosic
feedstocks.''.
SEC. 225. STUDY OF OPTIMIZATION OF FLEXIBLE FUELED VEHICLES TO USE E-85
FUEL.
(a) In General.--The Secretary, in consultation with the Secretary
of Transportation and the Administrator of the Environmental Protection
Agency, shall conduct a study of whether optimizing flexible fueled
vehicles to operate using E-85 fuel would increase the fuel efficiency
of flexible fueled vehicles.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to the Committee on Science and
Technology and the Committee on Energy and Commerce of the House of
Representatives, and to the Committee on Energy and Natural Resources,
the Committee on Environment and Public Works, and the Committee on
Commerce, Science, and Transportation of the Senate, a report that
describes the results of the study under this section, including any
recommendations of the Secretary.
SEC. 226. STUDY OF ENGINE DURABILITY AND PERFORMANCE ASSOCIATED WITH
THE USE OF BIODIESEL.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Secretary, in consultation with the Administrator of
the Environmental Protection Agency, shall initiate a study on the
effects of the use of biodiesel on the performance and durability of
engines and engine systems.
(b) Components.--The study under this section shall include--
(1) an assessment of whether the use of biodiesel lessens the
durability and performance of conventional diesel engines and
engine systems; and
(2) an assessment of the effects referred to in subsection (a)
with respect to biodiesel blends at varying concentrations,
including the following percentage concentrations of biodiesel:
(A) 5 percent biodiesel.
(B) 10 percent biodiesel.
(C) 20 percent biodiesel.
(D) 30 percent biodiesel.
(E) 100 percent biodiesel.
(c) Report.--Not later than 24 months after the date of enactment
of this Act, the Secretary shall submit to the Committee on Science and
Technology and the Committee on Energy and Commerce of the House of
Representatives, and to the Committee on Energy and Natural Resources
and the Committee on Environment and Public Works of the Senate, a
report that describes the results of the study under this section,
including any recommendations of the Secretary.
SEC. 227. STUDY OF OPTIMIZATION OF BIOGAS USED IN NATURAL GAS VEHICLES.
(a) In General.--The Secretary, in consultation with the
Administrator of the Environmental Protection Agency and the Secretary
of Transportation, shall conduct a study of methods of increasing the
fuel efficiency of vehicles using biogas by optimizing natural gas
vehicle systems that can operate on biogas, including the advancement
of vehicle fuel systems and the combination of hybrid-electric and
plug-in hybrid electric drive platforms with natural gas vehicle
systems using biogas.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to the Committee on Energy and
Natural Resources, the Committee on Environment and Public Works, and
the Committee on Commerce, Science, and Transportation of the Senate,
and to the Committee on Science and Technology and the Committee on
Energy and Commerce of the House of Representatives, a report that
describes the results of the study, including any recommendations of
the Secretary.
SEC. 228. ALGAL BIOMASS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall submit to the Committee on Science and
Technology of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate, a report on the progress of the
research and development that is being conducted on the use of algae as
a feedstock for the production of biofuels.
(b) Contents.--The report shall identify continuing research and
development challenges and any regulatory or other barriers found by
the Secretary that hinder the use of this resource, as well as
recommendations on how to encourage and further its development as a
viable transportation fuel.
SEC. 229. BIOFUELS AND BIOREFINERY INFORMATION CENTER.
(a) In General.--The Secretary, in cooperation with the Secretary
of Agriculture, shall establish a biofuels and biorefinery information
center to make available to interested parties information on--
(1) renewable fuel feedstocks, including the varieties of fuel
capable of being produced from various feedstocks;
(2) biorefinery processing techniques related to various
renewable fuel feedstocks;
(3) the distribution, blending, storage, and retail dispensing
infrastructure necessary for the transport and use of renewable
fuels;
(4) Federal and State laws and incentives related to renewable
fuel production and use;
(5) renewable fuel research and development advancements;
(6) renewable fuel development and biorefinery processes and
technologies;
(7) renewable fuel resources, including information on programs
and incentives for renewable fuels;
(8) renewable fuel producers;
(9) renewable fuel users; and
(10) potential renewable fuel users.
(b) Administration.--In administering the biofuels and biorefinery
information center, the Secretary shall--
(1) continually update information provided by the center;
(2) make information available relating to processes and
technologies for renewable fuel production;
(3) make information available to interested parties on the
process for establishing a biorefinery; and
(4) make information and assistance provided by the center
available through a toll-free telephone number and website.
(c) Coordination and Nonduplication.--To the maximum extent
practicable, the Secretary shall ensure that the activities under this
section are coordinated with, and do not duplicate the efforts of,
centers at other government agencies.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 230. CELLULOSIC ETHANOL AND BIOFUELS RESEARCH.
(a) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means--
(1) an 1890 Institution (as defined in section 2 of the
Agricultural Research, Extension, and Education Reform Act of 1998
(7 U.S.C. 7061));
(2) a part B institution (as defined in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061)) (commonly referred
to as ``Historically Black Colleges and Universities'');
(3) a tribal college or university (as defined in section
316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)));
or
(4) a Hispanic-serving institution (as defined in section
502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a))).
(b) Grants.--The Secretary shall make cellulosic ethanol and
biofuels research and development grants to 10 eligible entities
selected by the Secretary to receive a grant under this section through
a peer-reviewed competitive process.
(c) Collaboration.--An eligible entity that is selected to receive
a grant under subsection (b) shall collaborate with 1 of the Bioenergy
Research Centers of the Office of Science of the Department.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to make grants described in subsection
(b) $50,000,000 for fiscal year 2008, to remain available until
expended.
SEC. 231. BIOENERGY RESEARCH AND DEVELOPMENT, AUTHORIZATION OF
APPROPRIATION.
Section 931 of the Energy Policy Act of 2005 (42 U.S.C. 16231) is
amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) $963,000,000 for fiscal year 2010.''; and
(2) in subsection (c)--
(A) in paragraph (2)--
(i) by striking ``$251,000,000'' and inserting
``$377,000,000''; and
(ii) by striking ``and'' at the end;
(B) in paragraph (3)--
(i) by striking ``$274,000,000'' and inserting
``$398,000,000''; and
(ii) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(4) $419,000,000 for fiscal year 2010, of which $150,000,000
shall be for section 932(d).''.
SEC. 232. ENVIRONMENTAL RESEARCH AND DEVELOPMENT.
(a) In General.--Section 977 of the Energy Policy Act of 2005 (42
U.S.C. 16317) is amended--
(1) in subsection (a)(1), by striking ``and computational
biology'' and inserting ``computational biology, and environmental
science''; and
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``in sustainable
production systems that reduce greenhouse gas emissions'' after
``hydrogen'';
(B) in paragraph (3), by striking ``and'' at the end;
(C) by redesignating paragraph (4) as paragraph (5); and
(D) by inserting after paragraph (3) the following:
``(4) develop cellulosic and other feedstocks that are less
resource and land intensive and that promote sustainable use of
resources, including soil, water, energy, forests, and land, and
ensure protection of air, water, and soil quality; and''.
(b) Tools and Evaluation.--Section 307(d) of the Biomass Research
and Development Act of 2000 (7 U.S.C. 8606(d)) is amended--
(1) in paragraph (3)(E), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(5) the improvement and development of analytical tools to
facilitate the analysis of life-cycle energy and greenhouse gas
emissions, including emissions related to direct and indirect land
use changes, attributable to all potential biofuel feedstocks and
production processes; and
``(6) the systematic evaluation of the impact of expanded
biofuel production on the environment, including forest lands, and
on the food supply for humans and animals.''.
(c) Small-Scale Production and Use of Biofuels.--Section 307(e) of
the Biomass Research and Development Act of 2000 (7 U.S.C. 8606(e)) is
amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) to facilitate small-scale production, local, and on-farm
use of biofuels, including the development of small-scale
gasification technologies for production of biofuel from cellulosic
feedstocks.''.
SEC. 233. BIOENERGY RESEARCH CENTERS.
Section 977 of the Energy Policy Act of 2005 (42 U.S.C. 16317) is
amended by adding at the end the following:
``(f) Bioenergy Research Centers.--
``(1) Establishment of centers.--In carrying out the program
under subsection (a), the Secretary shall establish at least 7
bioenergy research centers, which may be of varying size.
``(2) Geographic distribution.--The Secretary shall establish
at least 1 bioenergy research center in each Petroleum
Administration for Defense District or Subdistrict of a Petroleum
Administration for Defense District.
``(3) Goals.--The goals of the centers established under this
subsection shall be to accelerate basic transformational research
and development of biofuels, including biological processes.
``(4) Selection and duration.--
``(A) In general.--A center under this subsection shall be
selected on a competitive basis for a period of 5 years.
``(B) Reapplication.--After the end of the period described
in subparagraph (A), a grantee may reapply for selection on a
competitive basis.
``(5) Inclusion.--A center that is in existence on the date of
enactment of this subsection--
``(A) shall be counted towards the requirement for
establishment of at least 7 bioenergy research centers; and
``(B) may continue to receive support for a period of 5
years beginning on the date of establishment of the center.''.
SEC. 234. UNIVERSITY BASED RESEARCH AND DEVELOPMENT GRANT PROGRAM.
(a) Establishment.--The Secretary shall establish a competitive
grant program, in a geographically diverse manner, for projects
submitted for consideration by institutions of higher education to
conduct research and development of renewable energy technologies. Each
grant made shall not exceed $2,000,000.
(b) Eligibility.--Priority shall be given to institutions of higher
education with--
(1) established programs of research in renewable energy;
(2) locations that are low income or outside of an urbanized
area;
(3) a joint venture with an Indian tribe; and
(4) proximity to trees dying of disease or insect infestation
as a source of woody biomass.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $25,000,000 for carrying out this
section.
(d) Definitions.--In this section:
(1) Indian tribe.--The term ``Indian tribe'' has the meaning as
defined in section 126(c) of the Energy Policy Act of 2005.
(2) Renewable energy.--The term ``renewable energy'' has the
meaning as defined in section 902 of the Energy Policy Act of 2005.
(3) Urbanized area.--The term ``urbanized area'' has the
meaning as defined by the U.S. Bureau of the Census.
Subtitle C--Biofuels Infrastructure
SEC. 241. PROHIBITION ON FRANCHISE AGREEMENT RESTRICTIONS RELATED TO
RENEWABLE FUEL INFRASTRUCTURE.
(a) In General.--Title I of the Petroleum Marketing Practices Act
(15 U.S.C. 2801 et seq.) is amended by adding at the end the following:
``SEC. 107. PROHIBITION ON RESTRICTION OF INSTALLATION OF RENEWABLE
FUEL PUMPS.
``(a) Definition.--In this section:
``(1) Renewable fuel.--The term `renewable fuel' means any
fuel--
``(A) at least 85 percent of the volume of which consists
of ethanol; or
``(B) any mixture of biodiesel and diesel or renewable
diesel (as defined in regulations adopted pursuant to section
211(o) of the Clean Air Act (40 CFR, part 80)), determined
without regard to any use of kerosene and containing at least
20 percent biodiesel or renewable diesel.
``(2) Franchise-related document.--The term `franchise-related
document' means--
``(A) a franchise under this Act; and
``(B) any other contract or directive of a franchisor
relating to terms or conditions of the sale of fuel by a
franchisee.
``(b) Prohibitions.--
``(1) In general.--No franchise-related document entered into
or renewed on or after the date of enactment of this section shall
contain any provision allowing a franchisor to restrict the
franchisee or any affiliate of the franchisee from--
``(A) installing on the marketing premises of the
franchisee a renewable fuel pump or tank, except that the
franchisee's franchisor may restrict the installation of a tank
on leased marketing premises of such franchisor;
``(B) converting an existing tank or pump on the marketing
premises of the franchisee for renewable fuel use, so long as
such tank or pump and the piping connecting them are either
warranted by the manufacturer or certified by a recognized
standards setting organization to be suitable for use with such
renewable fuel;
``(C) advertising (including through the use of signage)
the sale of any renewable fuel;
``(D) selling renewable fuel in any specified area on the
marketing premises of the franchisee (including any area in
which a name or logo of a franchisor or any other entity
appears);
``(E) purchasing renewable fuel from sources other than the
franchisor if the franchisor does not offer its own renewable
fuel for sale by the franchisee;
``(F) listing renewable fuel availability or prices,
including on service station signs, fuel dispensers, or light
poles; or
``(G) allowing for payment of renewable fuel with a credit
card,
so long as such activities described in subparagraphs (A) through
(G) do not constitute mislabeling, misbranding, willful
adulteration, or other trademark violations by the franchisee.
``(2) Effect of provision.--Nothing in this section shall be
construed to preclude a franchisor from requiring the franchisee to
obtain reasonable indemnification and insurance policies.
``(c) Exception to 3-Grade Requirement.--No franchise-related
document that requires that 3 grades of gasoline be sold by the
applicable franchisee shall prevent the franchisee from selling a
renewable fuel in lieu of 1, and only 1, grade of gasoline.''.
(b) Enforcement.--Section 105 of the Petroleum Marketing Practices
Act (15 U.S.C. 2805) is amended by striking ``102 or 103'' each place
it appears and inserting ``102, 103, or 107''.
(c) Conforming Amendments.--
(1) In general.--Section 101(13) of the Petroleum Marketing
Practices Act (15 U.S.C. 2801(13)) is amended by aligning the
margin of subparagraph (C) with subparagraph (B).
(2) Table of contents.--The table of contents of the Petroleum
Marketing Practices Act (15 U.S.C. 2801 note) is amended--
(A) by inserting after the item relating to section 106 the
following:
``Sec. 107. Prohibition on restriction of installation of renewable fuel
pumps.'';
and
(B) by striking the item relating to section 202 and
inserting the following:
``Sec. 202. Automotive fuel rating testing and disclosure
requirements.''.
SEC. 242. RENEWABLE FUEL DISPENSER REQUIREMENTS.
(a) Market Penetration Reports.--The Secretary, in consultation
with the Secretary of Transportation, shall determine and report to
Congress annually on the market penetration for flexible-fuel vehicles
in use within geographic regions to be established by the Secretary.
(b) Dispenser Feasibility Study.--Not later than 24 months after
the date of enactment of this Act, the Secretary, in consultation with
the Department of Transportation, shall report to the Congress on the
feasibility of requiring motor fuel retailers to install E-85
compatible dispensers and related systems at retail fuel facilities in
regions where flexible-fuel vehicle market penetration has reached 15
percent of motor vehicles. In conducting such study, the Secretary
shall consider and report on the following factors:
(1) The commercial availability of E-85 fuel and the number of
competing E-85 wholesale suppliers in a given region.
(2) The level of financial assistance provided on an annual
basis by the Federal Government, State governments, and nonprofit
entities for the installation of E-85 compatible infrastructure.
(3) The number of retailers whose retail locations are unable
to support more than 2 underground storage tank dispensers.
(4) The expense incurred by retailers in the installation and
sale of E-85 compatible dispensers and related systems and any
potential effects on the price of motor vehicle fuel.
SEC. 243. ETHANOL PIPELINE FEASIBILITY STUDY.
(a) In General.--The Secretary, in coordination with the Secretary
of Transportation, shall conduct a study of the feasibility of the
construction of pipelines dedicated to the transportation of ethanol.
(b) Factors for Consideration.--In conducting the study under
subsection (a), the Secretary shall take into consideration--
(1) the quantity of ethanol production that would make
dedicated pipelines economically viable;
(2) existing or potential barriers to the construction of
pipelines dedicated to the transportation of ethanol, including
technical, siting, financing, and regulatory barriers;
(3) market risk (including throughput risk) and means of
mitigating the risk;
(4) regulatory, financing, and siting options that would
mitigate the risk and help ensure the construction of 1 or more
pipelines dedicated to the transportation of ethanol;
(5) financial incentives that may be necessary for the
construction of pipelines dedicated to the transportation of
ethanol, including the return on equity that sponsors of the
initial dedicated ethanol pipelines will require to invest in the
pipelines;
(6) technical factors that may compromise the safe
transportation of ethanol in pipelines, including identification of
remedial and preventive measures to ensure pipeline integrity; and
(7) such other factors as the Secretary considers to be
appropriate.
(c) Report.--Not later than 15 months after the date of enactment
of this Act, the Secretary shall submit to Congress a report describing
the results of the study conducted under this section.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $1,000,000 for
each of fiscal years 2008 and 2009, to remain available until expended.
SEC. 244. RENEWABLE FUEL INFRASTRUCTURE GRANTS.
(a) Definition of Renewable Fuel Blend.--For purposes of this
section, the term ``renewable fuel blend'' means a gasoline blend that
contains not less than 11 percent, and not more than 85 percent,
renewable fuel or diesel fuel that contains at least 10 percent
renewable fuel.
(b) Infrastructure Development Grants.--
(1) Establishment.--The Secretary shall establish a program for
making grants for providing assistance to retail and wholesale
motor fuel dealers or other entities for the installation,
replacement, or conversion of motor fuel storage and dispensing
infrastructure to be used exclusively to store and dispense
renewable fuel blends.
(2) Selection criteria.--Not later than 12 months after the
date of enactment of this Act, the Secretary shall establish
criteria for evaluating applications for grants under this
subsection that will maximize the availability and use of renewable
fuel blends, and that will ensure that renewable fuel blends are
available across the country. Such criteria shall provide for--
(A) consideration of the public demand for each renewable
fuel blend in a particular geographic area based on State
registration records showing the number of flexible-fuel
vehicles;
(B) consideration of the opportunity to create or expand
corridors of renewable fuel blend stations along interstate or
State highways;
(C) consideration of the experience of each applicant with
previous, similar projects;
(D) consideration of population, number of flexible-fuel
vehicles, number of retail fuel outlets, and saturation of
flexible-fuel vehicles; and
(E) priority consideration to applications that--
(i) are most likely to maximize displacement of
petroleum consumption, measured as a total quantity and a
percentage;
(ii) are best able to incorporate existing
infrastructure while maximizing, to the extent practicable,
the use of renewable fuel blends; and
(iii) demonstrate the greatest commitment on the part
of the applicant to ensure funding for the proposed project
and the greatest likelihood that the project will be
maintained or expanded after Federal assistance under this
subsection is completed.
(3) Limitations.--Assistance provided under this subsection
shall not exceed--
(A) 33 percent of the estimated cost of the installation,
replacement, or conversion of motor fuel storage and dispensing
infrastructure; or
(B) $180,000 for a combination of equipment at any one
retail outlet location.
(4) Operation of renewable fuel blend stations.--The Secretary
shall establish rules that set forth requirements for grant
recipients under this section that include providing to the public
the renewable fuel blends, establishing a marketing plan that
informs consumers of the price and availability of the renewable
fuel blends, clearly labeling the dispensers and related equipment,
and providing periodic reports on the status of the renewable fuel
blend sales, the type and amount of the renewable fuel blends
dispensed at each location, and the average price of such fuel.
(5) Notification requirements.--Not later than the date on
which each renewable fuel blend station begins to offer renewable
fuel blends to the public, the grant recipient that used grant
funds to construct or upgrade such station shall notify the
Secretary of such opening. The Secretary shall add each new
renewable fuel blend station to the renewable fuel blend station
locator on its Website when it receives notification under this
subsection.
(6) Double counting.--No person that receives a credit under
section 30C of the Internal Revenue Code of 1986 may receive
assistance under this section.
(7) Reservation of funds.--The Secretary shall reserve funds
appropriated for the renewable fuel blends infrastructure
development grant program for technical and marketing assistance
described in subsection (c).
(c) Retail Technical and Marketing Assistance.--The Secretary shall
enter into contracts with entities with demonstrated experience in
assisting retail fueling stations in installing refueling systems and
marketing renewable fuel blends nationally, for the provision of
technical and marketing assistance to recipients of grants under this
section. Such assistance shall include--
(1) technical advice for compliance with applicable Federal and
State environmental requirements;
(2) help in identifying supply sources and securing long-term
contracts; and
(3) provision of public outreach, education, and labeling
materials.
(d) Refueling Infrastructure Corridors.--
(1) In general.--The Secretary shall establish a competitive
grant pilot program (referred to in this subsection as the ``pilot
program''), to be administered through the Vehicle Technology
Deployment Program of the Department, to provide not more than 10
geographically-dispersed project grants to State governments,
Indian tribal governments, local governments, metropolitan
transportation authorities, or partnerships of those entities to
carry out 1 or more projects for the purposes described in
paragraph (2).
(2) Grant purposes.--A grant under this subsection shall be
used for the establishment of refueling infrastructure corridors,
as designated by the Secretary, for renewable fuel blends,
including--
(A) installation of infrastructure and equipment necessary
to ensure adequate distribution of renewable fuel blends within
the corridor;
(B) installation of infrastructure and equipment necessary
to directly support vehicles powered by renewable fuel blends;
and
(C) operation and maintenance of infrastructure and
equipment installed as part of a project funded by the grant.
(3) Applications.--
(A) Requirements.--
(i) In general.--Subject to clause (ii), not later than
90 days after the date of enactment of this Act, the
Secretary shall issue requirements for use in applying for
grants under the pilot program.
(ii) Minimum requirements.--At a minimum, the Secretary
shall require that an application for a grant under this
subsection--
(I) be submitted by--
(aa) the head of a State, tribal, or local
government or a metropolitan transportation
authority, or any combination of those entities;
and
(bb) a registered participant in the Vehicle
Technology Deployment Program of the Department;
and
(II) include--
(aa) a description of the project proposed in
the application, including the ways in which the
project meets the requirements of this subsection;
(bb) an estimate of the degree of use of the
project, including the estimated size of fleet of
vehicles operated with renewable fuels blend
available within the geographic region of the
corridor, measured as a total quantity and a
percentage;
(cc) an estimate of the potential petroleum
displaced as a result of the project (measured as a
total quantity and a percentage), and a plan to
collect and disseminate petroleum displacement and
other relevant data relating to the project to be
funded under the grant, over the expected life of
the project;
(dd) a description of the means by which the
project will be sustainable without Federal
assistance after the completion of the term of the
grant;
(ee) a complete description of the costs of the
project, including acquisition, construction,
operation, and maintenance costs over the expected
life of the project; and
(ff) a description of which costs of the
project will be supported by Federal assistance
under this subsection.
(B) Partners.--An applicant under subparagraph (A) may
carry out a project under the pilot program in partnership with
public and private entities.
(4) Selection criteria.--In evaluating applications under the
pilot program, the Secretary shall--
(A) consider the experience of each applicant with
previous, similar projects; and
(B) give priority consideration to applications that--
(i) are most likely to maximize displacement of
petroleum consumption, measured as a total quantity and a
percentage;
(ii) are best able to incorporate existing
infrastructure while maximizing, to the extent practicable,
the use of advanced biofuels;
(iii) demonstrate the greatest commitment on the part
of the applicant to ensure funding for the proposed project
and the greatest likelihood that the project will be
maintained or expanded after Federal assistance under this
subsection is completed;
(iv) represent a partnership of public and private
entities; and
(v) exceed the minimum requirements of paragraph
(3)(A)(ii).
(5) Pilot project requirements.--
(A) Maximum amount.--The Secretary shall provide not more
than $20,000,000 in Federal assistance under the pilot program
to any applicant.
(B) Cost sharing.--The non-Federal share of the cost of any
activity relating to renewable fuel blend infrastructure
development carried out using funds from a grant under this
subsection shall be not less than 20 percent.
(C) Maximum period of grants.--The Secretary shall not
provide funds to any applicant under the pilot program for more
than 2 years.
(D) Deployment and distribution.--The Secretary shall seek,
to the maximum extent practicable, to ensure a broad geographic
distribution of project sites funded by grants under this
subsection.
(E) Transfer of information and knowledge.--The Secretary
shall establish mechanisms to ensure that the information and
knowledge gained by participants in the pilot program are
transferred among the pilot program participants and to other
interested parties, including other applicants that submitted
applications.
(6) Schedule.--
(A) Initial grants.--
(i) In general.--Not later than 90 days after the date
of enactment of this Act, the Secretary shall publish in
the Federal Register, Commerce Business Daily, and such
other publications as the Secretary considers to be
appropriate, a notice and request for applications to carry
out projects under the pilot program.
(ii) Deadline.--An application described in clause (i)
shall be submitted to the Secretary by not later than 180
days after the date of publication of the notice under that
clause.
(iii) Initial selection.--Not later than 90 days after
the date by which applications for grants are due under
clause (ii), the Secretary shall select by competitive,
peer-reviewed proposal up to 5 applications for projects to
be awarded a grant under the pilot program.
(B) Additional grants.--
(i) In general.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall publish in
the Federal Register, Commerce Business Daily, and such
other publications as the Secretary considers to be
appropriate, a notice and request for additional
applications to carry out projects under the pilot program
that incorporate the information and knowledge obtained
through the implementation of the first round of projects
authorized under the pilot program.
(ii) Deadline.--An application described in clause (i)
shall be submitted to the Secretary by not later than 180
days after the date of publication of the notice under that
clause.
(iii) Initial selection.--Not later than 90 days after
the date by which applications for grants are due under
clause (ii), the Secretary shall select by competitive,
peer-reviewed proposal such additional applications for
projects to be awarded a grant under the pilot program as
the Secretary determines to be appropriate.
(7) Reports to congress.--
(A) Initial report.--Not later than 60 days after the date
on which grants are awarded under this subsection, the
Secretary shall submit to Congress a report containing--
(i) an identification of the grant recipients and a
description of the projects to be funded under the pilot
program;
(ii) an identification of other applicants that
submitted applications for the pilot program but to which
funding was not provided; and
(iii) a description of the mechanisms used by the
Secretary to ensure that the information and knowledge
gained by participants in the pilot program are transferred
among the pilot program participants and to other
interested parties, including other applicants that
submitted applications.
(B) Evaluation.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter until the
termination of the pilot program, the Secretary shall submit to
Congress a report containing an evaluation of the effectiveness
of the pilot program, including an assessment of the petroleum
displacement and benefits to the environment derived from the
projects included in the pilot program.
(e) Restriction.--No grant shall be provided under subsection (b)
or (c) to a large, vertically integrated oil company.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for carrying out this section
$200,000,000 for each of the fiscal years 2008 through 2014.
SEC. 245. STUDY OF THE ADEQUACY OF TRANSPORTATION OF DOMESTICALLY-
PRODUCED RENEWABLE FUEL BY RAILROADS AND OTHER MODES OF
TRANSPORTATION.
(a) Study.--
(1) In general.--The Secretary, in coordination with the
Secretary of Transportation, shall jointly conduct a study of the
adequacy of transportation of domestically-produced renewable fuels
by railroad and other modes of transportation as designated by the
Secretaries.
(2) Components.--In conducting the study under paragraph (1),
the Secretaries shall--
(A) consider the adequacy of existing railroad and other
transportation and distribution infrastructure, equipment,
service and capacity to move the necessary quantities of
domestically-produced renewable fuel within the timeframes;
(B)(i) consider the projected costs of moving the
domestically-produced renewable fuel by railroad and other
modes of transportation; and
(ii) consider the impact of the projected costs on the
marketability of the domestically-produced renewable fuel;
(C) identify current and potential impediments to the
reliable transportation and distribution of adequate supplies
of domestically-produced renewable fuel at reasonable prices,
including practices currently utilized by domestic producers,
shippers, and receivers of renewable fuels;
(D) consider whether adequate competition exists within and
between modes of transportation for the transportation and
distribution of domestically-produced renewable fuel and,
whether inadequate competition leads to an unfair price for the
transportation and distribution of domestically-produced
renewable fuel or unacceptable service for transportation of
domestically-produced renewable fuel;
(E) consider whether Federal agencies have adequate legal
authority to address instances of inadequate competition when
inadequate competition is found to prevent domestic producers
for renewable fuels from obtaining a fair and reasonable
transportation price or acceptable service for the
transportation and distribution of domestically-produced
renewable fuels;
(F) consider whether Federal agencies have adequate legal
authority to address railroad and transportation service
problems that may be resulting in inadequate supplies of
domestically-produced renewable fuel in any area of the United
States;
(G) consider what transportation infrastructure capital
expenditures may be necessary to ensure the reliable
transportation of adequate supplies of domestically-produced
renewable fuel at reasonable prices within the United States
and which public and private entities should be responsible for
making such expenditures; and
(H) provide recommendations on ways to facilitate the
reliable transportation of adequate supplies of domestically-
produced renewable fuel at reasonable prices.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretaries shall jointly submit to the Committee on
Commerce, Science and Transportation, the Committee on Energy and
Natural Resources, and the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and Infrastructure and
the Committee on Energy and Commerce of the House of Representatives a
report that describes the results of the study conducted under
subsection (a).
SEC. 246. FEDERAL FLEET FUELING CENTERS.
(a) In General.--Not later than January 1, 2010, the head of each
Federal agency shall install at least 1 renewable fuel pump at each
Federal fleet fueling center in the United States under the
jurisdiction of the head of the Federal agency.
(b) Report.--Not later than October 31 of the first calendar year
beginning after the date of the enactment of this Act, and each October
31 thereafter, the President shall submit to Congress a report that
describes the progress toward complying with subsection (a), including
identifying--
(1) the number of Federal fleet fueling centers that contain at
least 1 renewable fuel pump; and
(2) the number of Federal fleet fueling centers that do not
contain any renewable fuel pumps.
(c) Department of Defense Facility.--This section shall not apply
to a Department of Defense fueling center with a fuel turnover rate of
less than 100,000 gallons of fuel per year.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 247. STANDARD SPECIFICATIONS FOR BIODIESEL.
Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by
redesignating subsection (s) as subsection (t), redesignating
subsection (r) (relating to conversion assistance for cellulosic
biomass, waste-derived ethanol, approved renewable fuels) as subsection
(s) and by adding the following new subsection at the end thereof:
``(u) Standard Specifications for Biodiesel.--(1) Unless the
American Society for Testing and Materials has adopted a standard for
diesel fuel containing 20 percent biodiesel (commonly known as `B20')
within 1 year after the date of enactment of this subsection, the
Administrator shall initiate a rulemaking to establish a uniform per
gallon fuel standard for such fuel and designate an identification
number so that vehicle manufacturers are able to design engines to use
fuel meeting such standard.
``(2) Unless the American Society for Testing and Materials has
adopted a standard for diesel fuel containing 5 percent biodiesel
(commonly known as `B5') within 1 year after the date of enactment of
this subsection, the Administrator shall initiate a rulemaking to
establish a uniform per gallon fuel standard for such fuel and
designate an identification so that vehicle manufacturers are able to
design engines to use fuel meeting such standard.
``(3) Whenever the Administrator is required to initiate a
rulemaking under paragraph (1) or (2), the Administrator shall
promulgate a final rule within 18 months after the date of the
enactment of this subsection.
``(4) Not later than 180 days after the enactment of this
subsection, the Administrator shall establish an annual inspection and
enforcement program to ensure that diesel fuel containing biodiesel
sold or distributed in interstate commerce meets the standards
established under regulations under this section, including testing and
certification for compliance with applicable standards of the American
Society for Testing and Materials. There are authorized to be
appropriated to carry out the inspection and enforcement program under
this paragraph $3,000,000 for each of fiscal years 2008 through 2010.
``(5) For purposes of this subsection, the term `biodiesel' has the
meaning provided by section 312(f) of Energy Policy Act of 1992 (42
U.S.C. 13220(f)).''.
SEC. 248. BIOFUELS DISTRIBUTION AND ADVANCED BIOFUELS INFRASTRUCTURE.
(a) In General.--The Secretary, in coordination with the Secretary
of Transportation and in consultation with the Administrator of the
Environmental Protection Agency, shall carry out a program of research,
development, and demonstration relating to existing transportation fuel
distribution infrastructure and new alternative distribution
infrastructure.
(b) Focus.--The program described in subsection (a) shall focus on
the physical and chemical properties of biofuels and efforts to prevent
or mitigate against adverse impacts of those properties in the areas
of--
(1) corrosion of metal, plastic, rubber, cork, fiberglass,
glues, or any other material used in pipes and storage tanks;
(2) dissolving of storage tank sediments;
(3) clogging of filters;
(4) contamination from water or other adulterants or
pollutants;
(5) poor flow properties related to low temperatures;
(6) oxidative and thermal instability in long-term storage and
uses;
(7) microbial contamination;
(8) problems associated with electrical conductivity; and
(9) such other areas as the Secretary considers appropriate.
Subtitle D--Environmental Safeguards
SEC. 251. WAIVER FOR FUEL OR FUEL ADDITIVES.
Section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)) is
amended to read as follows:
``(4) The Administrator, upon application of any manufacturer of
any fuel or fuel additive, may waive the prohibitions established under
paragraph (1) or (3) of this subsection or the limitation specified in
paragraph (2) of this subsection, if he determines that the applicant
has established that such fuel or fuel additive or a specified
concentration thereof, and the emission products of such fuel or fuel
additive or specified concentration thereof, will not cause or
contribute to a failure of any emission control device or system (over
the useful life of the motor vehicle, motor vehicle engine, nonroad
engine or nonroad vehicle in which such device or system is used) to
achieve compliance by the vehicle or engine with the emission standards
with respect to which it has been certified pursuant to sections 206
and 213(a). The Administrator shall take final action to grant or deny
an application submitted under this paragraph, after public notice and
comment, within 270 days of the receipt of such an application.''.
TITLE III--ENERGY SAVINGS THROUGH IMPROVED STANDARDS FOR APPLIANCE AND
LIGHTING
Subtitle A--Appliance Energy Efficiency
SEC. 301. EXTERNAL POWER SUPPLY EFFICIENCY STANDARDS.
(a) Definitions.--Section 321 of the Energy Policy and Conservation
Act (42 U.S.C. 6291) is amended--
(1) in paragraph (36)--
(A) by striking ``(36) The'' and inserting the following:
``(36) External power supply.--
``(A) In general.--The''; and
(B) by adding at the end the following:
``(B) Active mode.--The term `active mode' means the mode
of operation when an external power supply is connected to the
main electricity supply and the output is connected to a load.
``(C) Class a external power supply.--
``(i) In general.--The term `class A external power
supply' means a device that--
``(I) is designed to convert line voltage AC input
into lower voltage AC or DC output;
``(II) is able to convert to only 1 AC or DC output
voltage at a time;
``(III) is sold with, or intended to be used with,
a separate end-use product that constitutes the primary
load;
``(IV) is contained in a separate physical
enclosure from the end-use product;
``(V) is connected to the end-use product via a
removable or hard-wired male/female electrical
connection, cable, cord, or other wiring; and
``(VI) has nameplate output power that is less than
or equal to 250 watts.
``(ii) Exclusions.--The term `class A external power
supply' does not include any device that--
``(I) requires Federal Food and Drug Administration
listing and approval as a medical device in accordance
with section 513 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360c); or
``(II) powers the charger of a detachable battery
pack or charges the battery of a product that is fully
or primarily motor operated.
``(D) No-load mode.--The term `no-load mode' means the mode
of operation when an external power supply is connected to the
main electricity supply and the output is not connected to a
load.''; and
(2) by adding at the end the following:
``(52) Detachable battery.--The term `detachable battery' means
a battery that is--
``(A) contained in a separate enclosure from the product;
and
``(B) intended to be removed or disconnected from the
product for recharging.''.
(b) Test Procedures.--Section 323(b) of the Energy Policy and
Conservation Act (42 U.S.C. 6293(b)) is amended by adding at the end
the following:
``(17) Class a external power supplies.--Test procedures for
class A external power supplies shall be based on the `Test Method
for Calculating the Energy Efficiency of Single-Voltage External
AC-DC and AC-AC Power Supplies' published by the Environmental
Protection Agency on August 11, 2004, except that the test voltage
specified in section 4(d) of that test method shall be only 115
volts, 60 Hz.''.
(c) Efficiency Standards for Class A External Power Supplies.--
Section 325(u) of the Energy Policy and Conservation Act (42 U.S.C.
6295(u)) is amended by adding at the end the following:
``(6) Efficiency standards for class a external power
supplies.--
``(A) In general.--Subject to subparagraphs (B) through
(D), a class A external power supply manufactured on or after
the later of July 1, 2008, or the date of enactment of this
paragraph shall meet the following standards:
------------------------------------------------------------------------
``Active Mode
-------------------------------------------------------------------------
Required Efficiency (decimal
``Nameplate Output equivalent of a percentage)
------------------------------------------------------------------------
Less than 1 watt 0.5 times the Nameplate Output
------------------------------------------------------------------------
From 1 watt to not more than 51 The sum of 0.09 times the Natural
watts Logarithm of the Nameplate Output
and 0.5
------------------------------------------------------------------------
Greater than 51 watts 0.85
------------------------------------------------------------------------
``No-Load Mode
``Nameplate Output Maximum Consumption
------------------------------------------------------------------------
Not more than 250 watts 0.5 watts
------------------------------------------------------------------------
``(B) Noncovered supplies.--A class A external power supply
shall not be subject to subparagraph (A) if the class A
external power supply is--
``(i) manufactured during the period beginning on July
1, 2008, and ending on June 30, 2015; and
``(ii) made available by the manufacturer as a service
part or a spare part for an end-use product--
``(I) that constitutes the primary load; and
``(II) was manufactured before July 1, 2008.
``(C) Marking.--Any class A external power supply
manufactured on or after the later of July 1, 2008 or the date
of enactment of this paragraph shall be clearly and permanently
marked in accordance with the External Power Supply
International Efficiency Marking Protocol, as referenced in the
`Energy Star Program Requirements for Single Voltage External
AC-DC and AC-AC Power Supplies, version 1.1' published by the
Environmental Protection Agency.
``(D) Amendment of standards.--
``(i) Final rule by july 1, 2011.--
``(I) In general.--Not later than July 1, 2011, the
Secretary shall publish a final rule to determine
whether the standards established under subparagraph
(A) should be amended.
``(II) Administration.--The final rule shall--
``(aa) contain any amended standards; and
``(bb) apply to products manufactured on or
after July 1, 2013.
``(ii) Final rule by july 1, 2015.--
``(I) In general.--Not later than July 1, 2015 the
Secretary shall publish a final rule to determine
whether the standards then in effect should be amended.
``(II) Administration.--The final rule shall--
``(aa) contain any amended standards; and
``(bb) apply to products manufactured on or
after July 1, 2017.
``(7) End-use products.--An energy conservation standard for
external power supplies shall not constitute an energy conservation
standard for the separate end-use product to which the external
power supplies is connected.''.
SEC. 302. UPDATING APPLIANCE TEST PROCEDURES.
(a) Consumer Appliances.--Section 323(b)(1) of the Energy Policy
and Conservation Act (42 U.S.C. 6293(b)(1)) is amended by striking
``(1)'' and all that follows through the end of the paragraph and
inserting the following:
``(1) Test procedures.--
``(A) Amendment.--At least once every 7 years, the
Secretary shall review test procedures for all covered products
and--
``(i) amend test procedures with respect to any covered
product, if the Secretary determines that amended test
procedures would more accurately or fully comply with the
requirements of paragraph (3); or
``(ii) publish notice in the Federal Register of any
determination not to amend a test procedure.''.
(b) Industrial Equipment.--Section 343(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6313(a)) is amended by striking ``(a)'' and
all that follows through the end of paragraph (1) and inserting the
following:
``(a) Prescription by Secretary; Requirements.--
``(1) Test procedures.--
``(A) Amendment.--At least once every 7 years, the
Secretary shall conduct an evaluation of each class of covered
equipment and--
``(i) if the Secretary determines that amended test
procedures would more accurately or fully comply with the
requirements of paragraphs (2) and (3), shall prescribe
test procedures for the class in accordance with this
section; or
``(ii) shall publish notice in the Federal Register of
any determination not to amend a test procedure.''.
SEC. 303. RESIDENTIAL BOILERS.
Section 325(f) of the Energy Policy and Conservation Act (42 U.S.C.
6295(f)) is amended--
(1) in the subsection heading, by inserting ``and Boilers''
after ``Furnaces'';
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
``(3) Boilers.--
``(A) In general.--Subject to subparagraphs (B) and (C),
boilers manufactured on or after September 1, 2012, shall meet
the following requirements:
------------------------------------------------------------------------
Minimum Annual
Boiler Type Fuel Utilization Design
Efficiency Requirements
------------------------------------------------------------------------
Gas Hot Water..................... 82% No Constant
Burning Pilot,
Automatic Means
for Adjusting
Water
Temperature
------------------------------------------------------------------------
Gas Steam........................ 80% No Constant
Burning Pilot
------------------------------------------------------------------------
Oil Hot Water..................... 84% Automatic Means
for Adjusting
Temperature
------------------------------------------------------------------------
Oil Steam........................ 82% None
------------------------------------------------------------------------
Electric Hot Water................ None Automatic Means
for Adjusting
Temperature
------------------------------------------------------------------------
Electric Steam.................... None None
------------------------------------------------------------------------
``(B) Automatic means for adjusting water temperature.--
``(i) In general.--The manufacturer shall equip each
gas, oil, and electric hot water boiler (other than a
boiler equipped with a tankless domestic water heating
coil) with automatic means for adjusting the temperature of
the water supplied by the boiler to ensure that an
incremental change in inferred heat load produces a
corresponding incremental change in the temperature of
water supplied.
``(ii) Single input rate.--For a boiler that fires at 1
input rate, the requirements of this subparagraph may be
satisfied by providing an automatic means that allows the
burner or heating element to fire only when the means has
determined that the inferred heat load cannot be met by the
residual heat of the water in the system.
``(iii) No inferred heat load.--When there is no
inferred heat load with respect to a hot water boiler, the
automatic means described in clauses (i) and (ii) shall
limit the temperature of the water in the boiler to not
more than 140 degrees Fahrenheit.
``(iv) Operation.--A boiler described in clause (i) or
(ii) shall be operable only when the automatic means
described in clauses (i), (ii), and (iii) is installed.
``(C) Exception.--A boiler that is manufactured to operate
without any need for electricity or any electric connection,
electric gauges, electric pumps, electric wires, or electric
devices shall not be required to meet the requirements of this
paragraph.''.
SEC. 304. FURNACE FAN STANDARD PROCESS.
Paragraph (4)(D) of section 325(f) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(f)) (as redesignated by section
303(4)) is amended by striking ``the Secretary may'' and inserting
``not later than December 31, 2013, the Secretary shall''.
SEC. 305. IMPROVING SCHEDULE FOR STANDARDS UPDATING AND CLARIFYING
STATE AUTHORITY.
(a) Consumer Appliances.--Section 325 of the Energy Policy and
Conservation Act (42 U.S.C. 6295) is amended by striking subsection (m)
and inserting the following:
``(m) Amendment of Standards.--
``(1) In general.--Not later than 6 years after issuance of any
final rule establishing or amending a standard, as required for a
product under this part, the Secretary shall publish--
``(A) a notice of the determination of the Secretary that
standards for the product do not need to be amended, based on
the criteria established under subsection (n)(2); or
``(B) a notice of proposed rulemaking including new
proposed standards based on the criteria established under
subsection (o) and the procedures established under subsection
(p).
``(2) Notice.--If the Secretary publishes a notice under
paragraph (1), the Secretary shall--
``(A) publish a notice stating that the analysis of the
Department is publicly available; and
``(B) provide an opportunity for written comment.
``(3) Amendment of standard; new determination.--
``(A) Amendment of standard.--Not later than 2 years after
a notice is issued under paragraph (1)(B), the Secretary shall
publish a final rule amending the standard for the product.
``(B) New determination.--Not later than 3 years after a
determination under paragraph (1)(A), the Secretary shall make
a new determination and publication under subparagraph (A) or
(B) of paragraph (1).
``(4) Application to products.--
``(A) In general.--Except as provided in subparagraph (B),
an amendment prescribed under this subsection shall apply to--
``(i) with respect to refrigerators, refrigerator-
freezers, freezers, room air conditioners, dishwashers,
clothes washers, clothes dryers, fluorescent lamp ballasts,
and kitchen ranges and ovens, such a product that is
manufactured after the date that is 3 years after
publication of the final rule establishing an applicable
standard; and
``(ii) with respect to central air conditioners, heat
pumps, water heaters, pool heaters, direct heating
equipment, and furnaces, such a product that is
manufactured after the date that is 5 years after
publication of the final rule establishing an applicable
standard.
``(B) Other new standards.--A manufacturer shall not be
required to apply new standards to a product with respect to
which other new standards have been required during the prior
6-year period.
``(5) Reports.--The Secretary shall promptly submit to the
Committee on Energy and Commerce of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate--
``(A) a progress report every 180 days on compliance with
this section, including a specific plan to remedy any failures
to comply with deadlines for action established under this
section; and
``(B) all required reports to the Court or to any party to
the Consent Decree in State of New York v Bodman, Consolidated
Civil Actions No. 05 Civ. 7807 and No. 05 Civ. 7808.''.
(b) Industrial Equipment.--Section 342(a)(6) of the Energy Policy
and Conservation Act (42 U.S.C. 6313(a)(6)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D); and
(2) by striking ``(6)(A)(i)'' and all that follows through the
end of subparagraph (B) and inserting the following:
``(6) Amended energy efficiency standards.--
``(A) In general.--
``(i) Analysis of potential energy savings.--If ASHRAE/
IES Standard 90.1 is amended with respect to any small
commercial package air conditioning and heating equipment,
large commercial package air conditioning and heating
equipment, very large commercial package air conditioning
and heating equipment, packaged terminal air conditioners,
packaged terminal heat pumps, warm-air furnaces, packaged
boilers, storage water heaters, instantaneous water
heaters, or unfired hot water storage tanks, not later than
180 days after the amendment of the standard, the Secretary
shall publish in the Federal Register for public comment an
analysis of the energy savings potential of amended energy
efficiency standards.
``(ii) Amended uniform national standard for
products.--
``(I) In general.--Except as provided in subclause
(II), not later than 18 months after the date of
publication of the amendment to the ASHRAE/IES Standard
90.1 for a product described in clause (i), the
Secretary shall establish an amended uniform national
standard for the product at the minimum level specified
in the amended ASHRAE/IES Standard 90.1.
``(II) More stringent standard.--Subclause (I)
shall not apply if the Secretary determines, by rule
published in the Federal Register, and supported by
clear and convincing evidence, that adoption of a
uniform national standard more stringent than the
amended ASHRAE/IES Standard 90.1 for the product would
result in significant additional conservation of energy
and is technologically feasible and economically
justified.
``(B) Rule.--If the Secretary makes a determination
described in clause (ii)(II) for a product described in clause
(i), not later than 30 months after the date of publication of
the amendment to the ASHRAE/IES Standard 90.1 for the product,
the Secretary shall issue the rule establishing the amended
standard.
``(C) Amendment of standard.--
``(i) In general.--Not later than 6 years after
issuance of any final rule establishing or amending a
standard, as required for a product under this part, the
Secretary shall publish--
``(I) a notice of the determination of the
Secretary that standards for the product do not need to
be amended, based on the criteria established under
subparagraph (A); or
``(II) a notice of proposed rulemaking including
new proposed standards based on the criteria and
procedures established under subparagraph (B).
``(ii) Notice.--If the Secretary publishes a notice
under clause (i), the Secretary shall--
``(I) publish a notice stating that the analysis of
the Department is publicly available; and
``(II) provide an opportunity for written comment.
``(iii) Amendment of standard; new determination.--
``(I) Amendment of standard.--Not later than 2
years after a notice is issued under clause (i)(II),
the Secretary shall publish a final rule amending the
standard for the product.
``(II) New determination.--Not later than 3 years
after a determination under clause (i)(I), the
Secretary shall make a new determination and
publication under subclause (I) or (II) of clause (i).
``(iv) Application to products.--An amendment
prescribed under this subsection shall apply to products
manufactured after a date that is the later of--
``(I) the date that is 3 years after publication of
the final rule establishing a new standard; or
``(II) the date that is 6 years after the effective
date of the current standard for a covered product.
``(v) Reports.--The Secretary shall promptly submit to
the Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a progress report every 180 days on
compliance with this subparagraph, including a specific
plan to remedy any failures to comply with deadlines for
action established under this subparagraph.''.
SEC. 306. REGIONAL STANDARDS FOR FURNACES, CENTRAL AIR CONDITIONERS,
AND HEAT PUMPS.
(a) In General.--Section 325(o) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(o)) is amended by adding at the end
the following:
``(6) Regional standards for furnaces, central air
conditioners, and heat pumps.--
``(A) In general.--In any rulemaking to establish a new or
amended standard, the Secretary may consider the establishment
of separate standards by geographic region for furnaces (except
boilers), central air conditioners, and heat pumps.
``(B) National and regional standards.--
``(i) National standard.--If the Secretary establishes
a regional standard for a product, the Secretary shall
establish a base national standard for the product.
``(ii) Regional standards.--If the Secretary
establishes a regional standard for a product, the
Secretary may establish more restrictive standards for the
product by geographic region as follows:
``(I) For furnaces, the Secretary may establish 1
additional standard that is applicable in a geographic
region defined by the Secretary.
``(II) For any cooling product, the Secretary may
establish 1 or 2 additional standards that are
applicable in 1 or 2 geographic regions as may be
defined by the Secretary.
``(C) Boundaries of geographic regions.--
``(i) In general.--Subject to clause (ii), the
boundaries of additional geographic regions established by
the Secretary under this paragraph shall include only
contiguous States.
``(ii) Alaska and hawaii.--The States of Alaska and
Hawaii may be included under this paragraph in a geographic
region that the States are not contiguous to.
``(iii) Individual states.--Individual States shall be
placed only into a single region under this paragraph.
``(D) Prerequisites.--In establishing additional regional
standards under this paragraph, the Secretary shall--
``(i) establish additional regional standards only if
the Secretary determines that--
``(I) the establishment of additional regional
standards will produce significant energy savings in
comparison to establishing only a single national
standard; and
``(II) the additional regional standards are
economically justified under this paragraph; and
``(ii) consider the impact of the additional regional
standards on consumers, manufacturers, and other market
participants, including product distributors, dealers,
contractors, and installers.
``(E) Application; effective date.--
``(i) Base national standard.--Any base national
standard established for a product under this paragraph
shall--
``(I) be the minimum standard for the product; and
``(II) apply to all products manufactured or
imported into the United States on and after the
effective date for the standard.
``(ii) Regional standards.--Any additional and more
restrictive regional standard established for a product
under this paragraph shall apply to any such product
installed on or after the effective date of the standard in
States in which the Secretary has designated the standard
to apply.
``(F) Continuation of regional standards.--
``(i) In general.--In any subsequent rulemaking for any
product for which a regional standard has been previously
established, the Secretary shall determine whether to
continue the establishment of separate regional standards
for the product.
``(ii) Regional standard no longer appropriate.--Except
as provided in clause (iii), if the Secretary determines
that regional standards are no longer appropriate for a
product, beginning on the effective date of the amended
standard for the product--
``(I) there shall be 1 base national standard for
the product with Federal enforcement; and
``(II) State authority for enforcing a regional
standard for the product shall terminate.
``(iii) Regional standard appropriate but standard or
region changed.--
``(I) State no longer contained in region.--Subject
to subclause (III), if a State is no longer contained
in a region in which a regional standard that is more
stringent than the base national standard applies, the
authority of the State to enforce the regional standard
shall terminate.
``(II) Standard or region revised so that existing
regional standard equals base national standard.--If
the Secretary revises a base national standard for a
product or the geographic definition of a region so
that an existing regional standard for a State is equal
to the revised base national standard--
``(aa) the authority of the State to enforce
the regional standard shall terminate on the
effective date of the revised base national
standard; and
``(bb) the State shall be subject to the
revised base national standard.
``(III) Standard or region revised so that existing
regional standard equals base national standard.--If
the Secretary revises a base national standard for a
product or the geographic definition of a region so
that the standard for a State is lower than the
previously approved regional standard, the State may
continue to enforce the previously approved standard
level.
``(iv) Waiver of federal preemption.--Nothing in this
paragraph diminishes the authority of a State to enforce a
State regulation for which a waiver of Federal preemption
has been granted under section 327(d).
``(G) Enforcement.--
``(i) Base national standard.--
``(I) In general.--The Secretary shall enforce any
base national standard.
``(II) Trade association certification programs.--
In enforcing the base national standard, the Secretary
shall use, to the maximum extent practicable, national
standard nationally recognized certification programs
of trade associations.
``(ii) Regional standards.--
``(I) Enforcement plan.--Not later than 90 days
after the date of the issuance of a final rule that
establishes a regional standard, the Secretary shall
initiate a rulemaking to develop and implement an
effective enforcement plan for regional standards for
the products that are covered by the final rule.
``(II) Responsible entities.--Any rules regarding
enforcement of a regional standard shall clearly
specify which entities are legally responsible for
compliance with the standards and for making any
required information or labeling disclosures.
``(III) Final rule.--Not later than 15 months after
the date of the issuance of a final rule that
establishes a regional standard for a product, the
Secretary shall promulgate a final rule covering
enforcement of regional standards for the product.
``(IV) Incorporation by states and localities.--A
State or locality may incorporate any Federal regional
standard into State or local building codes or State
appliance standards.
``(V) State enforcement.--A State agency may seek
enforcement of a Federal regional standard in a Federal
court of competent jurisdiction.
``(H) Information disclosure.--
``(i) In general.--Not later than 90 days after the
date of the publication of a final rule that establishes a
regional standard for a product, the Federal Trade
Commission shall undertake a rulemaking to determine the
appropriate 1 or more methods for disclosing information so
that consumers, distributors, contractors, and installers
can easily determine whether a specific piece of equipment
that is installed in a specific building is in conformance
with the regional standard that applies to the building.
``(ii) Methods.--A method of disclosing information
under clause (i) may include--
``(I) modifications to the Energy Guide label; or
``(II) other methods that make it easy for
consumers and installers to use and understand at the
point of installation.
``(iii) Completion of rulemaking.--The rulemaking shall
be completed not later 15 months after the date of the
publication of a final rule that establishes a regional
standard for a product.''.
(b) Prohibited Acts.--Section 332(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6302(a)) is amended--
(1) in paragraph (4), by striking ``or'' after the semicolon at
the end;
(2) in paragraph (5), by striking ``part.'' and inserting
``part, except to the extent that the new covered product is
covered by a regional standard that is more stringent than the base
national standard; or''; and
(3) by adding at the end the following:
``(6) for any manufacturer or private labeler to knowingly sell
a product to a distributor, contractor, or dealer with knowledge
that the entity routinely violates any regional standard applicable
to the product.''.
(c) Consideration of Prices and Operating Patterns.--Section
342(a)(6)(B) of the Energy Policy and Conservation Act (42 U.S.C.
6313(a)(6)(B)) is amended by adding at the end the following:
``(iii) Consideration of prices and operating
patterns.--If the Secretary is considering revised
standards for air-cooled 3-phase central air conditioners
and central air conditioning heat pumps with less 65,000
Btu per hour (cooling capacity), the Secretary shall use
commercial energy prices and operating patterns in all
analyses conducted by the Secretary.''.
SEC. 307. PROCEDURE FOR PRESCRIBING NEW OR AMENDED STANDARDS.
Section 325(p) of the Energy Policy and Conservation Act (42 U.S.C.
6925(p)) is amended--
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2) through (4) as paragraphs
(1) through (3), respectively.
SEC. 308. EXPEDITED RULEMAKINGS.
(a) Procedure for Prescribing New or Amended Standards.--Section
325(p) of the Energy Policy and Conservation Act (42 U.S.C. 6295(p))
(as amended by section 307) is amended by adding at the end the
following:
``(4) Direct final rules.--
``(A) In general.--On receipt of a statement that is
submitted jointly by interested persons that are fairly
representative of relevant points of view (including
representatives of manufacturers of covered products, States,
and efficiency advocates), as determined by the Secretary, and
contains recommendations with respect to an energy or water
conservation standard--
``(i) if the Secretary determines that the recommended
standard contained in the statement is in accordance with
subsection (o) or section 342(a)(6)(B), as applicable, the
Secretary may issue a final rule that establishes an energy
or water conservation standard and is published
simultaneously with a notice of proposed rulemaking that
proposes a new or amended energy or water conservation
standard that is identical to the standard established in
the final rule to establish the recommended standard
(referred to in this paragraph as a `direct final rule');
or
``(ii) if the Secretary determines that a direct final
rule cannot be issued based on the statement, the Secretary
shall publish a notice of the determination, together with
an explanation of the reasons for the determination.
``(B) Public comment.--The Secretary shall solicit public
comment for a period of at least 110 days with respect to each
direct final rule issued by the Secretary under subparagraph
(A)(i).
``(C) Withdrawal of direct final rules.--
``(i) In general.--Not later than 120 days after the
date on which a direct final rule issued under subparagraph
(A)(i) is published in the Federal Register, the Secretary
shall withdraw the direct final rule if--
``(I) the Secretary receives 1 or more adverse
public comments relating to the direct final rule under
subparagraph (B)(i) or any alternative joint
recommendation; and
``(II) based on the rulemaking record relating to
the direct final rule, the Secretary determines that
such adverse public comments or alternative joint
recommendation may provide a reasonable basis for
withdrawing the direct final rule under subsection (o),
section 342(a)(6)(B), or any other applicable law.
``(ii) Action on withdrawal.--On withdrawal of a direct
final rule under clause (i), the Secretary shall--
``(I) proceed with the notice of proposed
rulemaking published simultaneously with the direct
final rule as described in subparagraph (A)(i); and
``(II) publish in the Federal Register the reasons
why the direct final rule was withdrawn.
``(iii) Treatment of withdrawn direct final rules.--A
direct final rule that is withdrawn under clause (i) shall
not be considered to be a final rule for purposes of
subsection (o).
``(D) Effect of paragraph.--Nothing in this paragraph
authorizes the Secretary to issue a direct final rule based
solely on receipt of more than 1 statement containing
recommended standards relating to the direct final rule.''.
(b) Conforming Amendment.--Section 345(b)(1) of the Energy Policy
and Conservation Act (42 U.S.C. 6316(b)(1)) is amended in the first
sentence by inserting ``section 325(p)(5),'' after ``The provisions
of''.
SEC. 309. BATTERY CHARGERS.
Section 325(u)(1)(E) of the Energy Policy and Conservation Act (42
U.S.C. 6295(u)(1)(E)) is amended--
(1) by striking ``(E)(i) Not'' and inserting the following:
``(E) External power supplies and battery chargers.--
``(i) Energy conservation standards.--
``(I) External power supplies.--Not'';
(2) by striking ``3 years'' and inserting ``2 years'';
(3) by striking ``battery chargers and'' each place it appears;
and
(4) by adding at the end the following:
``(II) Battery chargers.--Not later than July 1,
2011, the Secretary shall issue a final rule that
prescribes energy conservation standards for battery
chargers or classes of battery chargers or determine
that no energy conservation standard is technically
feasible and economically justified.''.
SEC. 310. STANDBY MODE.
Section 325 of the Energy Policy and Conservation Act (42 U.S.C.
6295) is amended--
(1) in subsection (u)--
(A) by striking paragraphs (2), (3), and (4); and
(B) by redesignating paragraphs (5) and (6) as paragraphs
(2) and (3), respectively;
(2) by redesignating subsection (gg) as subsection (hh);
(3) by inserting after subsection (ff) the following:
``(gg) Standby Mode Energy Use.--
``(1) Definitions.--
``(A) In general.--Unless the Secretary determines
otherwise pursuant to subparagraph (B), in this subsection:
``(i) Active mode.--The term `active mode' means the
condition in which an energy-using product--
``(I) is connected to a main power source;
``(II) has been activated; and
``(III) provides 1 or more main functions.
``(ii) Off mode.--The term `off mode' means the
condition in which an energy-using product--
``(I) is connected to a main power source; and
``(II) is not providing any standby or active mode
function.
``(iii) Standby mode.--The term `standby mode' means
the condition in which an energy-using product--
``(I) is connected to a main power source; and
``(II) offers 1 or more of the following user-
oriented or protective functions:
``(aa) To facilitate the activation or
deactivation of other functions (including active
mode) by remote switch (including remote control),
internal sensor, or timer.
``(bb) Continuous functions, including
information or status displays (including clocks)
or sensor-based functions.
``(B) Amended definitions.--The Secretary may, by rule,
amend the definitions under subparagraph (A), taking into
consideration the most current versions of Standards 62301 and
62087 of the International Electrotechnical Commission.
``(2) Test procedures.--
``(A) In general.--Test procedures for all covered products
shall be amended pursuant to section 323 to include standby
mode and off mode energy consumption, taking into consideration
the most current versions of Standards 62301 and 62087 of the
International Electrotechnical Commission, with such energy
consumption integrated into the overall energy efficiency,
energy consumption, or other energy descriptor for each covered
product, unless the Secretary determines that--
``(i) the current test procedures for a covered product
already fully account for and incorporate the standby mode
and off mode energy consumption of the covered product; or
``(ii) such an integrated test procedure is technically
infeasible for a particular covered product, in which case
the Secretary shall prescribe a separate standby mode and
off mode energy use test procedure for the covered product,
if technically feasible.
``(B) Deadlines.--The test procedure amendments required by
subparagraph (A) shall be prescribed in a final rule no later
than the following dates:
``(i) December 31, 2008, for battery chargers and
external power supplies.
``(ii) March 31, 2009, for clothes dryers, room air
conditioners, and fluorescent lamp ballasts.
``(iii) June 30, 2009, for residential clothes washers.
``(iv) September 30, 2009, for residential furnaces and
boilers.
``(v) March 31, 2010, for residential water heaters,
direct heating equipment, and pool heaters.
``(vi) March 31, 2011, for residential dishwashers,
ranges and ovens, microwave ovens, and dehumidifiers.
``(C) Prior product standards.--The test procedure
amendments adopted pursuant to subparagraph (B) shall not be
used to determine compliance with product standards established
prior to the adoption of the amended test procedures.
``(3) Incorporation into standard.--
``(A) In general.--Subject to subparagraph (B), based on
the test procedures required under paragraph (2), any final
rule establishing or revising a standard for a covered product,
adopted after July 1, 2010, shall incorporate standby mode and
off mode energy use into a single amended or new standard,
pursuant to subsection (o), if feasible.
``(B) Separate standards.--If not feasible, the Secretary
shall prescribe within the final rule a separate standard for
standby mode and off mode energy consumption, if justified
under subsection (o).''; and
(4) in paragraph (2) of subsection (hh) (as redesignated by
paragraph (2)), by striking ``(ff)'' each place it appears and
inserting ``(gg)''.
SEC. 311. ENERGY STANDARDS FOR HOME APPLIANCES.
(a) Appliances.--
(1) Dehumidifiers.--Section 325(cc) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(cc)) is amended by striking
paragraph (2) and inserting the following:
``(2) Dehumidifiers manufactured on or after october 1, 2012.--
Dehumidifiers manufactured on or after October 1, 2012, shall have
an Energy Factor that meets or exceeds the following values:
``Product Capacity (pints/day): Minimum Energy Factor (liters/
kWh)
Up to 35.00.................. 1.35
35.01-45.00.................. 1.50
45.01-54.00.................. 1.60
54.01-75.00.................. 1.70
Greater than 75.00........... 2.5.''.
(2) Residential clothes washers and residential dishwashers.--
Section 325(g) of the Energy Policy and Conservation Act (42 U.S.C.
6295(g)) is amended by adding at the end the following:
``(9) Residential clothes washers manufactured on or after
january 1, 2011.--
``(A) In general.--A top-loading or front-loading standard-
size residential clothes washer manufactured on or after
January 1, 2011, shall have--
``(i) a Modified Energy Factor of at least 1.26; and
``(ii) a water factor of not more than 9.5.
``(B) Amendment of standards.--
``(i) In general.--Not later than December 31, 2011,
the Secretary shall publish a final rule determining
whether to amend the standards in effect for clothes
washers manufactured on or after January 1, 2015.
``(ii) Amended standards.--The final rule shall contain
any amended standards.
``(10) Residential dishwashers manufactured on or after january
1, 2010.--
``(A) In general.--A dishwasher manufactured on or after
January 1, 2010, shall--
``(i) for a standard size dishwasher not exceed 355
kWh/year and 6.5 gallons per cycle; and
``(ii) for a compact size dishwasher not exceed 260
kWh/year and 4.5 gallons per cycle.
``(B) Amendment of standards.--
``(i) In general.--Not later than January 1, 2015, the
Secretary shall publish a final rule determining whether to
amend the standards for dishwashers manufactured on or
after January 1, 2018.
``(ii) Amended standards.--The final rule shall contain
any amended standards.''.
(3) Refrigerators and freezers.--Section 325(b) of the Energy
Policy and Conservation Act (42 U.S.C. 6295(b)) is amended by
adding at the end the following:
``(4) Refrigerators and freezers manufactured on or after
january 1, 2014.--
``(A) In general.--Not later than December 31, 2010, the
Secretary shall publish a final rule determining whether to
amend the standards in effect for refrigerators, refrigerator-
freezers, and freezers manufactured on or after January 1,
2014.
``(B) Amended standards.--The final rule shall contain any
amended standards.''.
(b) Energy Star.--Section 324A(d)(2) of the Energy Policy and
Conservation Act (42 U.S.C. 6294a(d)(2)) is amended by striking
``January 1, 2010'' and inserting ``July 1, 2009''.
SEC. 312. WALK-IN COOLERS AND WALK-IN FREEZERS.
(a) Definitions.--Section 340 of the Energy Policy and Conservation
Act (42 U.S.C. 6311) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (G) through (K) as
subparagraphs (H) through (L), respectively; and
(B) by inserting after subparagraph (F) the following:
``(G) Walk-in coolers and walk-in freezers.'';
(2) by redesignating paragraphs (20) and (21) as paragraphs
(21) and (22), respectively; and
(3) by inserting after paragraph (19) the following:
``(20) Walk-in cooler; walk-in freezer.--
``(A) In general.--The terms `walk-in cooler' and `walk-in
freezer' mean an enclosed storage space refrigerated to
temperatures, respectively, above, and at or below 32 degrees
Fahrenheit that can be walked into, and has a total chilled
storage area of less than 3,000 square feet.
``(B) Exclusion.--The terms `walk-in cooler' and `walk-in
freezer' do not include products designed and marketed
exclusively for medical, scientific, or research purposes.''.
(b) Standards.--Section 342 of the Energy Policy and Conservation
Act (42 U.S.C. 6313) is amended by adding at the end the following:
``(f) Walk-In Coolers and Walk-In Freezers.--
``(1) In general.--Subject to paragraphs (2) through (5), each
walk-in cooler or walk-in freezer manufactured on or after January
1, 2009, shall--
``(A) have automatic door closers that firmly close all
walk-in doors that have been closed to within 1 inch of full
closure, except that this subparagraph shall not apply to doors
wider than 3 feet 9 inches or taller than 7 feet;
``(B) have strip doors, spring hinged doors, or other
method of minimizing infiltration when doors are open;
``(C) contain wall, ceiling, and door insulation of at
least R-25 for coolers and R-32 for freezers, except that this
subparagraph shall not apply to glazed portions of doors nor to
structural members;
``(D) contain floor insulation of at least R-28 for
freezers;
``(E) for evaporator fan motors of under 1 horsepower and
less than 460 volts, use--
``(i) electronically commutated motors (brushless
direct current motors); or
``(ii) 3-phase motors;
``(F) for condenser fan motors of under 1 horsepower, use--
``(i) electronically commutated motors;
``(ii) permanent split capacitor-type motors; or
``(iii) 3-phase motors; and
``(G) for all interior lights, use light sources with an
efficacy of 40 lumens per watt or more, including ballast
losses (if any), except that light sources with an efficacy of
40 lumens per watt or less, including ballast losses (if any),
may be used in conjunction with a timer or device that turns
off the lights within 15 minutes of when the walk-in cooler or
walk-in freezer is not occupied by people.
``(2) Electronically commutated motors.--
``(A) In general.--The requirements of paragraph (1)(E)(i)
for electronically commutated motors shall take effect January
1, 2009, unless, prior to that date, the Secretary determines
that such motors are only available from 1 manufacturer.
``(B) Other types of motors.--In carrying out paragraph
(1)(E)(i) and subparagraph (A), the Secretary may allow other
types of motors if the Secretary determines that, on average,
those other motors use no more energy in evaporator fan
applications than electronically commutated motors.
``(C) Maximum energy consumption level.--The Secretary
shall establish the maximum energy consumption level under
subparagraph (B) not later than January 1, 2010.
``(3) Additional specifications.--Each walk-in cooler or walk-
in freezer with transparent reach-in doors manufactured on or after
January 1, 2009, shall also meet the following specifications:
``(A) Transparent reach-in doors for walk-in freezers and
windows in walk-in freezer doors shall be of triple-pane glass
with either heat-reflective treated glass or gas fill.
``(B) Transparent reach-in doors for walk-in coolers and
windows in walk-in cooler doors shall be--
``(i) double-pane glass with heat-reflective treated
glass and gas fill; or
``(ii) triple-pane glass with either heat-reflective
treated glass or gas fill.
``(C) If the appliance has an antisweat heater without
antisweat heat controls, the appliance shall have a total door
rail, glass, and frame heater power draw of not more than 7.1
watts per square foot of door opening (for freezers) and 3.0
watts per square foot of door opening (for coolers).
``(D) If the appliance has an antisweat heater with
antisweat heat controls, and the total door rail, glass, and
frame heater power draw is more than 7.1 watts per square foot
of door opening (for freezers) and 3.0 watts per square foot of
door opening (for coolers), the antisweat heat controls shall
reduce the energy use of the antisweat heater in a quantity
corresponding to the relative humidity in the air outside the
door or to the condensation on the inner glass pane.
``(4) Performance-based standards.--
``(A) In general.--Not later than January 1, 2012, the
Secretary shall publish performance-based standards for walk-in
coolers and walk-in freezers that achieve the maximum
improvement in energy that the Secretary determines is
technologically feasible and economically justified.
``(B) Application.--
``(i) In general.--Except as provided in clause (ii),
the standards shall apply to products described in
subparagraph (A) that are manufactured beginning on the
date that is 3 years after the final rule is published.
``(ii) Delayed effective date.--If the Secretary
determines, by rule, that a 3-year period is inadequate,
the Secretary may establish an effective date for products
manufactured beginning on the date that is not more than 5
years after the date of publication of a final rule for the
products.
``(5) Amendment of standards.--
``(A) In general.--Not later than January 1, 2020, the
Secretary shall publish a final rule to determine if the
standards established under paragraph (4) should be amended.
``(B) Application.--
``(i) In general.--Except as provided in clause (ii),
the rule shall provide that the standards shall apply to
products manufactured beginning on the date that is 3 years
after the final rule is published.
``(ii) Delayed effective date.--If the Secretary
determines, by rule, that a 3-year period is inadequate,
the Secretary may establish an effective date for products
manufactured beginning on the date that is not more than 5
years after the date of publication of a final rule for the
products.''.
(c) Test Procedures.--Section 343(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6314(a)) is amended by adding at the end
the following:
``(9) Walk-in coolers and walk-in freezers.--
``(A) In general.--For the purpose of test procedures for
walk-in coolers and walk-in freezers:
``(i) The R value shall be the 1/K factor multiplied by
the thickness of the panel.
``(ii) The K factor shall be based on ASTM test
procedure C518-2004.
``(iii) For calculating the R value for freezers, the K
factor of the foam at 20F (average foam temperature) shall
be used.
``(iv) For calculating the R value for coolers, the K
factor of the foam at 55F (average foam temperature) shall
be used.
``(B) Test procedure.--
``(i) In general.--Not later than January 1, 2010, the
Secretary shall establish a test procedure to measure the
energy-use of walk-in coolers and walk-in freezers.
``(ii) Computer modeling.--The test procedure may be
based on computer modeling, if the computer model or models
have been verified using the results of laboratory tests on
a significant sample of walk-in coolers and walk-in
freezers.''.
(d) Labeling.--Section 344(e) of the Energy Policy and Conservation
Act (42 U.S.C. 6315(e)) is amended by inserting ``walk-in coolers and
walk-in freezers,'' after ``commercial clothes washers,'' each place it
appears.
(e) Administration, Penalties, Enforcement, and Preemption.--
Section 345 of the Energy Policy and Conservation Act (42 U.S.C. 6316)
is amended--
(1) by striking ``subparagraphs (B), (C), (D), (E), and (F)''
each place it appears and inserting ``subparagraphs (B) through
(G)''; and
(2) by adding at the end the following:
``(h) Walk-In Coolers and Walk-In Freezers.--
``(1) Covered types.--
``(A) Relationship to other law.--
``(i) In general.--Except as otherwise provided in this
subsection, section 327 shall apply to walk-in coolers and
walk-in freezers for which standards have been established
under paragraphs (1), (2), and (3) of section 342(f) to the
same extent and in the same manner as the section applies
under part A on the date of enactment of this subsection.
``(ii) State standards.--Any State standard prescribed
before the date of enactment of this subsection shall not
be preempted until the standards established under
paragraphs (1) and (2) of section 342(f) take effect.
``(B) Administration.--In applying section 327 to equipment
under subparagraph (A), paragraphs (1), (2), and (3) of
subsection (a) shall apply.
``(2) Final rule not timely.--
``(A) In general.--If the Secretary does not issue a final
rule for a specific type of walk-in cooler or walk-in freezer
within the timeframe established under paragraph (4) or (5) of
section 342(f), subsections (b) and (c) of section 327 shall no
longer apply to the specific type of walk-in cooler or walk-in
freezer during the period--
``(i) beginning on the day after the scheduled date for
a final rule; and
``(ii) ending on the date on which the Secretary
publishes a final rule covering the specific type of walk-
in cooler or walk-in freezer.
``(B) State standards.--Any State standard issued before
the publication of the final rule shall not be preempted until
the standards established in the final rule take effect.
``(3) California.--Any standard issued in the State of
California before January 1, 2011, under title 20 of the California
Code of Regulations, that refers to walk-in coolers and walk-in
freezers, for which standards have been established under
paragraphs (1), (2), and (3) of section 342(f), shall not be
preempted until the standards established under section 342(f)(3)
take effect.''.
SEC. 313. ELECTRIC MOTOR EFFICIENCY STANDARDS.
(a) Definitions.--Section 340(13) of the Energy Policy and
Conservation Act (42 U.S.C. 6311(13)) is amended--
(1) by redesignating subparagraphs (B) through (H) as
subparagraphs (C) through (I), respectively; and
(2) by striking ``(13)(A)'' and all that follows through the
end of subparagraph (A) and inserting the following:
``(13) Electric motor.--
``(A) General purpose electric motor (subtype i).--The term
`general purpose electric motor (subtype I)' means any motor
that meets the definition of `General Purpose' as established
in the final rule issued by the Department of Energy entitled
`Energy Efficiency Program for Certain Commercial and
Industrial Equipment: Test Procedures, Labeling, and
Certification Requirements for Electric Motors' (10 CFR 431),
as in effect on the date of enactment of the Energy
Independence and Security Act of 2007.
``(B) General purpose electric motor (subtype ii).--The
term `general purpose electric motor (subtype II)' means motors
incorporating the design elements of a general purpose electric
motor (subtype I) that are configured as 1 of the following:
``(i) A U-Frame Motor.
``(ii) A Design C Motor.
``(iii) A close-coupled pump motor.
``(iv) A Footless motor.
``(v) A vertical solid shaft normal thrust motor (as
tested in a horizontal configuration).
``(vi) An 8-pole motor (900 rpm).
``(vii) A poly-phase motor with voltage of not more
than 600 volts (other than 230 or 460 volts.''.
(b) Standards.--
(1) Amendments.--Section 342(b) of the Energy Policy and
Conservation Act (42 U.S.C. 6313(b)) is amended--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) Electric motors.--
``(A) General purpose electric motors (subtype i).--Except
as provided in subparagraph (B), each general purpose electric
motor (subtype I) with a power rating of 1 horsepower or
greater, but not greater than 200 horsepower, manufactured
(alone or as a component of another piece of equipment) after
the 3-year period beginning on the date of enactment of the
Energy Independence and Security Act of 2007, shall have a
nominal full load efficiency that is not less than as defined
in NEMA MG-1 (2006) Table 12-12.
``(B) Fire pump motors.--Each fire pump motor manufactured
(alone or as a component of another piece of equipment) after
the 3-year period beginning on the date of enactment of the
Energy Independence and Security Act of 2007 shall have nominal
full load efficiency that is not less than as defined in NEMA
MG-1 (2006) Table 12-11.
``(C) General purpose electric motors (subtype ii).--Each
general purpose electric motor (subtype II) with a power rating
of 1 horsepower or greater, but not greater than 200
horsepower, manufactured (alone or as a component of another
piece of equipment) after the 3-year period beginning on the
date of enactment of the Energy Independence and Security Act
of 2007, shall have a nominal full load efficiency that is not
less than as defined in NEMA MG-1 (2006) Table 12-11.
``(D) NEMA design b, general purpose electric motors.--Each
NEMA Design B, general purpose electric motor with a power
rating of more than 200 horsepower, but not greater than 500
horsepower, manufactured (alone or as a component of another
piece of equipment) after the 3-year period beginning on the
date of enactment of the Energy Independence and Security Act
of 2007, shall have a nominal full load efficiency that is not
less than as defined in NEMA MG-1 (2006) Table 12-11.''.
(2) Effective date.--The amendments made by paragraph (1) take
effect on the date that is 3 years after the date of enactment of
this Act.
SEC. 314. STANDARDS FOR SINGLE PACKAGE VERTICAL AIR CONDITIONERS AND
HEAT PUMPS.
(a) Definitions.--Section 340 of the Energy Policy and Conservation
Act (42 U.S.C. 6311) is amended by adding at the end the following:
``(22) Single package vertical air conditioner.--The term
`single package vertical air conditioner' means air-cooled
commercial package air conditioning and heating equipment that--
``(A) is factory-assembled as a single package that--
``(i) has major components that are arranged
vertically;
``(ii) is an encased combination of cooling and
optional heating components; and
``(iii) is intended for exterior mounting on, adjacent
interior to, or through an outside wall;
``(B) is powered by a single- or 3-phase current;
``(C) may contain 1 or more separate indoor grilles,
outdoor louvers, various ventilation options, indoor free air
discharges, ductwork, well plenum, or sleeves; and
``(D) has heating components that may include electrical
resistance, steam, hot water, or gas, but may not include
reverse cycle refrigeration as a heating means.
``(23) Single package vertical heat pump.--The term `single
package vertical heat pump' means a single package vertical air
conditioner that--
``(A) uses reverse cycle refrigeration as its primary heat
source; and
``(B) may include secondary supplemental heating by means
of electrical resistance, steam, hot water, or gas.''.
(b) Standards.--Section 342(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6313(a)) is amended--
(1) in the first sentence of each of paragraphs (1) and (2), by
inserting ``(including single package vertical air conditioners and
single package vertical heat pumps)'' after ``heating equipment''
each place it appears;
(2) in paragraph (1), by striking ``but before January 1,
2010,'';
(3) in the first sentence of each of paragraphs (7), (8), and
(9), by inserting ``(other than single package vertical air
conditioners and single package vertical heat pumps)'' after
``heating equipment'' each place it appears;
(4) in paragraph (7)--
(A) by striking ``manufactured on or after January 1,
2010,'';
(B) in each of subparagraphs (A), (B), and (C), by striking
``The'' and inserting ``For equipment manufactured on or after
January 1, 2010, the''; and
(C) by adding at the end the following:
``(D) For equipment manufactured on or after the later of
January 1, 2008, or the date that is 180 days after the date of
enactment of the Energy Independence and Security Act of 2007--
``(i) the minimum seasonal energy efficiency ratio of air-
cooled 3-phase electric central air conditioners and central
air conditioning heat pumps less than 65,000 Btu per hour
(cooling capacity), split systems, shall be 13.0;
``(ii) the minimum seasonal energy efficiency ratio of air-
cooled 3-phase electric central air conditioners and central
air conditioning heat pumps less than 65,000 Btu per hour
(cooling capacity), single package, shall be 13.0;
``(iii) the minimum heating seasonal performance factor of
air-cooled 3-phase electric central air conditioning heat pumps
less than 65,000 Btu per hour (cooling capacity), split
systems, shall be 7.7; and
``(iv) the minimum heating seasonal performance factor of
air-cooled 3-phase electric central air conditioning heat pumps
less than 65,000 Btu per hour (cooling capacity), single
package, shall be 7.7.''; and
(5) by adding at the end the following:
``(10) Single package vertical air conditioners and single
package vertical heat pumps.--
``(A) In general.--Single package vertical air conditioners
and single package vertical heat pumps manufactured on or after
January 1, 2010, shall meet the following standards:
``(i) The minimum energy efficiency ratio of single
package vertical air conditioners less than 65,000 Btu per
hour (cooling capacity), single-phase, shall be 9.0.
``(ii) The minimum energy efficiency ratio of single
package vertical air conditioners less than 65,000 Btu per
hour (cooling capacity), 3-phase, shall be 9.0.
``(iii) The minimum energy efficiency ratio of single
package vertical air conditioners at or above 65,000 Btu
per hour (cooling capacity) but less than 135,000 Btu per
hour (cooling capacity), shall be 8.9.
``(iv) The minimum energy efficiency ratio of single
package vertical air conditioners at or above 135,000 Btu
per hour (cooling capacity) but less than 240,000 Btu per
hour (cooling capacity), shall be 8.6.
``(v) The minimum energy efficiency ratio of single
package vertical heat pumps less than 65,000 Btu per hour
(cooling capacity), single-phase, shall be 9.0 and the
minimum coefficient of performance in the heating mode
shall be 3.0.
``(vi) The minimum energy efficiency ratio of single
package vertical heat pumps less than 65,000 Btu per hour
(cooling capacity), 3-phase, shall be 9.0 and the minimum
coefficient of performance in the heating mode shall be
3.0.
``(vii) The minimum energy efficiency ratio of single
package vertical heat pumps at or above 65,000 Btu per hour
(cooling capacity) but less than 135,000 Btu per hour
(cooling capacity), shall be 8.9 and the minimum
coefficient of performance in the heating mode shall be
3.0.
``(viii) The minimum energy efficiency ratio of single
package vertical heat pumps at or above 135,000 Btu per
hour (cooling capacity) but less than 240,000 Btu per hour
(cooling capacity), shall be 8.6 and the minimum
coefficient of performance in the heating mode shall be
2.9.
``(B) Review.--Not later than 3 years after the date of
enactment of this paragraph, the Secretary shall review the
most recently published ASHRAE/IES Standard 90.1 with respect
to single package vertical air conditioners and single package
vertical heat pumps in accordance with the procedures
established under paragraph (6).''.
SEC. 315. IMPROVED ENERGY EFFICIENCY FOR APPLIANCES AND BUILDINGS IN
COLD CLIMATES.
(a) Research.--Section 911(a)(2) of the Energy Policy Act of 2005
(42 U.S.C. 16191(a)(2)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(E) technologies to improve the energy efficiency of
appliances and mechanical systems for buildings in cold
climates, including combined heat and power units and increased
use of renewable resources, including fuel.''.
(b) Rebates.--Section 124 of the Energy Policy Act of 2005 (42
U.S.C. 15821) is amended--
(1) in subsection (b)(1), by inserting ``, or products with
improved energy efficiency in cold climates,'' after ``residential
Energy Star products''; and
(2) in subsection (e), by inserting ``or product with improved
energy efficiency in a cold climate'' after ``residential Energy
Star product'' each place it appears.
SEC. 316. TECHNICAL CORRECTIONS.
(a) Definition of F96T12 Lamp.--
(1) In general.--Section 135(a)(1)(A)(ii) of the Energy Policy
Act of 2005 (Public Law 109-58; 119 Stat. 624) is amended by
striking ``C78.1-1978 (R1984)'' and inserting ``C78.3-1978
(R1984)''.
(2) Effective date.--The amendment made by paragraph (1) takes
effect on August 8, 2005.
(b) Definition of Fluorescent Lamp.--Section 321(30)(B)(viii) of
the Energy Policy and Conservation Act (42 U.S.C. 6291(30)(B)(viii)) is
amended by striking ``82'' and inserting ``87''.
(c) Mercury Vapor Lamp Ballasts.--
(1) Definitions.--Section 321 of the Energy Policy and
Conservation Act (42 U.S.C. 6291) (as amended by section 301(a)(2))
is amended--
(A) by striking paragraphs (46) through (48) and inserting
the following:
``(46) High intensity discharge lamp.--
``(A) In general.--The term `high intensity discharge lamp'
means an electric-discharge lamp in which--
``(i) the light-producing arc is stabilized by the arc
tube wall temperature; and
``(ii) the arc tube wall loading is in excess of 3
Watts/cm\2\.
``(B) Inclusions.--The term `high intensity discharge lamp'
includes mercury vapor, metal halide, and high-pressure sodium
lamps described in subparagraph (A).
``(47) Mercury vapor lamp.--
``(A) In general.--The term `mercury vapor lamp' means a
high intensity discharge lamp in which the major portion of the
light is produced by radiation from mercury typically operating
at a partial vapor pressure in excess of 100,000 Pa
(approximately 1 atm).
``(B) Inclusions.--The term `mercury vapor lamp' includes
clear, phosphor-coated, and self-ballasted screw base lamps
described in subparagraph (A).
``(48) Mercury vapor lamp ballast.--The term `mercury vapor
lamp ballast' means a device that is designed and marketed to start
and operate mercury vapor lamps intended for general illumination
by providing the necessary voltage and current.''; and
(B) by adding at the end the following:
``(53) Specialty application mercury vapor lamp ballast.--The
term `specialty application mercury vapor lamp ballast' means a
mercury vapor lamp ballast that--
``(A) is designed and marketed for operation of mercury
vapor lamps used in quality inspection, industrial processing,
or scientific use, including fluorescent microscopy and
ultraviolet curing; and
``(B) in the case of a specialty application mercury vapor
lamp ballast, the label of which--
``(i) provides that the specialty application mercury
vapor lamp ballast is `For specialty applications only, not
for general illumination'; and
``(ii) specifies the specific applications for which
the ballast is designed.''.
(2) Standard setting authority.--Section 325(ee) of the Energy
Policy and Conservation Act (42 U.S.C. 6295(ee)) is amended by
inserting ``(other than specialty application mercury vapor lamp
ballasts)'' after ``ballasts''.
(d) Energy Conservation Standards.--Section 325 of the Energy
Policy and Conservation Act (42 U.S.C. 6295) is amended--
(1) in subsection (v)--
(A) in the subsection heading, by striking ``Ceiling Fans
and'';
(B) by striking paragraph (1); and
(C) by redesignating paragraphs (2) through (4) as
paragraphs (1) through (3), respectively; and
(2) in subsection (ff)--
(A) in paragraph (1)(A)--
(i) by striking clause (iii);
(ii) by redesignating clause (iv) as clause (iii); and
(iii) in clause (iii)(II) (as so redesignated), by
inserting ``fans sold for'' before ``outdoor''; and
(B) in paragraph (4)(C)--
(i) in the matter preceding clause (i), by striking
``subparagraph (B)'' and inserting ``subparagraph (A)'';
and
(ii) by striking clause (ii) and inserting the
following:
``(ii) shall be packaged with lamps to fill all sockets.'';
(C) in paragraph (6), by redesignating subparagraphs (C)
and (D) as clauses (i) and (ii), respectively, of subparagraph
(B); and
(D) in paragraph (7), by striking ``327'' the second place
it appears and inserting ``324''.
Subtitle B--Lighting Energy Efficiency
SEC. 321. EFFICIENT LIGHT BULBS.
(a) Energy Efficiency Standards for General Service Incandescent
Lamps.--
(1) Definition of general service incandescent lamp.--Section
321(30) of the Energy Policy and Conservation Act (42 U.S.C.
6291(30)) is amended--
(A) by striking subparagraph (D) and inserting the
following:
``(D) General service incandescent lamp.--
``(i) In general.--The term `general service
incandescent lamp' means a standard incandescent or halogen
type lamp that--
``(I) is intended for general service applications;
``(II) has a medium screw base;
``(III) has a lumen range of not less than 310
lumens and not more than 2,600 lumens; and
``(IV) is capable of being operated at a voltage
range at least partially within 110 and 130 volts.
``(ii) Exclusions.--The term `general service
incandescent lamp' does not include the following
incandescent lamps:
``(I) An appliance lamp.
``(II) A black light lamp.
``(III) A bug lamp.
``(IV) A colored lamp.
``(V) An infrared lamp.
``(VI) A left-hand thread lamp.
``(VII) A marine lamp.
``(VIII) A marine signal service lamp.
``(IX) A mine service lamp.
``(X) A plant light lamp.
``(XI) A reflector lamp.
``(XII) A rough service lamp.
``(XIII) A shatter-resistant lamp (including a
shatter-proof lamp and a shatter-protected lamp).
``(XIV) A sign service lamp.
``(XV) A silver bowl lamp.
``(XVI) A showcase lamp.
``(XVII) A 3-way incandescent lamp.
``(XVIII) A traffic signal lamp.
``(XIX) A vibration service lamp.
``(XX) A G shape lamp (as defined in ANSI C78.20-
2003 and C79.1-2002 with a diameter of 5 inches or
more.
``(XXI) A T shape lamp (as defined in ANSI C78.20-
2003 and C79.1-2002) and that uses not more than 40
watts or has a length of more than 10 inches.
``(XXII) A B, BA, CA, F, G16-1/2, G-25, G30, S, or
M-14 lamp (as defined in ANSI C79.1-2002 and ANSI
C78.20-2003) of 40 watts or less.''; and
(B) by adding at the end the following:
``(T) Appliance lamp.--The term `appliance lamp' means any
lamp that--
``(i) is specifically designed to operate in a
household appliance, has a maximum wattage of 40 watts, and
is sold at retail, including an oven lamp, refrigerator
lamp, and vacuum cleaner lamp; and
``(ii) is designated and marketed for the intended
application, with--
``(I) the designation on the lamp packaging; and
``(II) marketing materials that identify the lamp
as being for appliance use.
``(U) Candelabra base incandescent lamp.--The term
`candelabra base incandescent lamp' means a lamp that uses
candelabra screw base as described in ANSI C81.61-2006,
Specifications for Electric Bases, common designations E11 and
E12.
``(V) Intermediate base incandescent lamp.--The term
`intermediate base incandescent lamp' means a lamp that uses an
intermediate screw base as described in ANSI C81.61-2006,
Specifications for Electric Bases, common designation E17.
``(W) Modified spectrum.--The term `modified spectrum'
means, with respect to an incandescent lamp, an incandescent
lamp that--
``(i) is not a colored incandescent lamp; and
``(ii) when operated at the rated voltage and wattage
of the incandescent lamp--
``(I) has a color point with (x,y) chromaticity
coordinates on the Commission Internationale de
l'Eclairage (C.I.E.) 1931 chromaticity diagram that
lies below the black-body locus; and
``(II) has a color point with (x,y) chromaticity
coordinates on the C.I.E. 1931 chromaticity diagram
that lies at least 4 MacAdam steps (as referenced in
IESNA LM16) distant from the color point of a clear
lamp with the same filament and bulb shape, operated at
the same rated voltage and wattage.
``(X) Rough service lamp.--The term `rough service lamp'
means a lamp that--
``(i) has a minimum of 5 supports with filament
configurations that are C-7A, C-11, C-17, and C-22 as
listed in Figure 6-12 of the 9th edition of the IESNA
Lighting handbook, or similar configurations where lead
wires are not counted as supports; and
``(ii) is designated and marketed specifically for
`rough service' applications, with--
``(I) the designation appearing on the lamp
packaging; and
``(II) marketing materials that identify the lamp
as being for rough service.
``(Y) 3-way incandescent lamp.--The term `3-way
incandescent lamp' includes an incandescent lamp that--
``(i) employs 2 filaments, operated separately and in
combination, to provide 3 light levels; and
``(ii) is designated on the lamp packaging and
marketing materials as being a 3-way incandescent lamp.
``(Z) Shatter-resistant lamp, shatter-proof lamp, or
shatter-protected lamp.--The terms `shatter-resistant lamp',
`shatter-proof lamp', and `shatter-protected lamp' mean a lamp
that--
``(i) has a coating or equivalent technology that is
compliant with NSF/ANSI 51 and is designed to contain the
glass if the glass envelope of the lamp is broken; and
``(ii) is designated and marketed for the intended
application, with--
``(I) the designation on the lamp packaging; and
``(II) marketing materials that identify the lamp
as being shatter-resistant, shatter-proof, or shatter-
protected.
``(AA) Vibration service lamp.--The term `vibration service
lamp' means a lamp that--
``(i) has filament configurations that are C-5, C-7A,
or C-9, as listed in Figure 6-12 of the 9th Edition of the
IESNA Lighting Handbook or similar configurations;
``(ii) has a maximum wattage of 60 watts;
``(iii) is sold at retail in packages of 2 lamps or
less; and
``(iv) is designated and marketed specifically for
vibration service or vibration-resistant applications,
with--
``(I) the designation appearing on the lamp
packaging; and
``(II) marketing materials that identify the lamp
as being vibration service only.
``(BB) General service lamp.--
``(i) In general.--The term `general service lamp'
includes--
``(I) general service incandescent lamps;
``(II) compact fluorescent lamps;
``(III) general service light-emitting diode (LED
or OLED) lamps; and
``(IV) any other lamps that the Secretary
determines are used to satisfy lighting applications
traditionally served by general service incandescent
lamps.
``(ii) Exclusions.--The term `general service lamp'
does not include--
``(I) any lighting application or bulb shape
described in any of subclauses (I) through (XXII) of
subparagraph (D)(ii); or
``(II) any general service fluorescent lamp or
incandescent reflector lamp.
``(CC) Light-emitting diode; led.--
``(i) In general.--The terms `light-emitting diode' and
`LED' means a p-n junction solid state device the radiated
output of which is a function of the physical construction,
material used, and exciting current of the device.
``(ii) Output.--The output of a light-emitting diode
may be in--
``(I) the infrared region;
``(II) the visible region; or
``(III) the ultraviolet region.
``(DD) Organic light-emitting diode; oled.--The terms
`organic light-emitting diode' and `OLED' mean a thin-film
light-emitting device that typically consists of a series of
organic layers between 2 electrical contacts (electrodes).
``(EE) Colored incandescent lamp.--The term `colored
incandescent lamp' means an incandescent lamp designated and
marketed as a colored lamp that has--
``(i) a color rendering index of less than 50, as
determined according to the test method given in C.I.E.
publication 13.3-1995; or
``(ii) a correlated color temperature of less than
2,500K, or greater than 4,600K, where correlated
temperature is computed according to the Journal of Optical
Society of America, Vol. 58, pages 1528-1595 (1986).''.
(2) Coverage.--Section 322(a)(14) of the Energy Policy and
Conservation Act (42 U.S.C. 6292(a)(14)) is amended by inserting
``, general service incandescent lamps,'' after ``fluorescent
lamps''.
(3) Energy conservation standards.--Section 325 of the Energy
Policy and Conservation Act (42 U.S.C. 6295) is amended--
(A) in subsection (i)--
(i) in the section heading, by inserting ``, General
Service Incandescent Lamps, Intermediate Base Incandescent
Lamps, Candelabra Base Incandescent Lamps,'' after
``Fluorescent Lamps'';
(ii) in paragraph (1)--
(I) in subparagraph (A)--
(aa) by inserting ``, general service
incandescent lamps, intermediate base incandescent
lamps, candelabra base incandescent lamps,'' after
``fluorescent lamps'';
(bb) by inserting ``, new maximum wattage,''
after ``lamp efficacy''; and
(cc) by inserting after the table entitled
``incandescent reflector lamps'' the following:
``GENERAL SERVICE INCANDESCENT LAMPS
------------------------------------------------------------------------
Maximum Rate Minimum Rate Effective
Rated Lumen Ranges Wattage Lifetime Date
------------------------------------------------------------------------
1490-2600 72 1,000 hrs 1/1/2012
1050-1489 53 1,000 hrs 1/1/2013
750-1049 43 1,000 hrs 1/1/2014
310-749 29 1,000 hrs 1/1/2014
------------------------------------------------------------------------
``MODIFIED SPECTRUM GENERAL SERVICE INCANDESCENT LAMPS
------------------------------------------------------------------------
Maximum Rate Minimum Rate Effective
Rated Lumen Ranges Wattage Lifetime Date
------------------------------------------------------------------------
1118-1950 72 1,000 hrs 1/1/2012
788-1117 53 1,000 hrs 1/1/2013
563-787 43 1,000 hrs 1/1/2014
232-562 29 1,000 hrs 1/1/2014'';
------------------------------------------------------------------------
and
(II) by striking subparagraph (B) and inserting the
following:
``(B) Application.--
``(i) Application criteria.--This subparagraph applies
to each lamp that--
``(I) is intended for a general service or general
illumination application (whether incandescent or not);
``(II) has a medium screw base or any other screw
base not defined in ANSI C81.61-2006;
``(III) is capable of being operated at a voltage
at least partially within the range of 110 to 130
volts; and
``(IV) is manufactured or imported after December
31, 2011.
``(ii) Requirement.--For purposes of this paragraph,
each lamp described in clause (i) shall have a color
rendering index that is greater than or equal to--
``(I) 80 for nonmodified spectrum lamps; or
``(II) 75 for modified spectrum lamps.
``(C) Candelabra incandescent lamps and intermediate base
incandescent lamps.--
``(i) Candelabra base incandescent lamps.--A candelabra
base incandescent lamp shall not exceed 60 rated watts.
``(ii) Intermediate base incandescent lamps.--An
intermediate base incandescent lamp shall not exceed 40
rated watts.
``(D) Exemptions.--
``(i) Petition.--Any person may petition the Secretary
for an exemption for a type of general service lamp from
the requirements of this subsection.
``(ii) Criteria.--The Secretary may grant an exemption
under clause (i) only to the extent that the Secretary
finds, after a hearing and opportunity for public comment,
that it is not technically feasible to serve a specialized
lighting application (such as a military, medical, public
safety, or certified historic lighting application) using a
lamp that meets the requirements of this subsection.
``(iii) Additional criterion.--To grant an exemption
for a product under this subparagraph, the Secretary shall
include, as an additional criterion, that the exempted
product is unlikely to be used in a general service
lighting application.
``(E) Extension of coverage.--
``(i) Petition.--Any person may petition the Secretary
to establish standards for lamp shapes or bases that are
excluded from the definition of general service lamps.
``(ii) Increased sales of exempted lamps.--The petition
shall include evidence that the availability or sales of
exempted incandescent lamps have increased significantly
since the date on which the standards on general service
incandescent lamps were established.
``(iii) Criteria.--The Secretary shall grant a petition
under clause (i) if the Secretary finds that--
``(I) the petition presents evidence that
demonstrates that commercial availability or sales of
exempted incandescent lamp types have increased
significantly since the standards on general service
lamps were established and likely are being widely used
in general lighting applications; and
``(II) significant energy savings could be achieved
by covering exempted products, as determined by the
Secretary based on sales data provided to the Secretary
from manufacturers and importers.
``(iv) No presumption.--The grant of a petition under
this subparagraph shall create no presumption with respect
to the determination of the Secretary with respect to any
criteria under a rulemaking conducted under this section.
``(v) Expedited proceeding.--If the Secretary grants a
petition for a lamp shape or base under this subparagraph,
the Secretary shall--
``(I) conduct a rulemaking to determine standards
for the exempted lamp shape or base; and
``(II) complete the rulemaking not later than 18
months after the date on which notice is provided
granting the petition.
``(F) Definition of effective date.--In this paragraph,
except as otherwise provided in a table contained in
subparagraph (A), the term `effective date' means the last day
of the month specified in the table that follows October 24,
1992.'';
(iii) in paragraph (5), in the first sentence, by
striking ``and general service incandescent lamps'';
(iv) by redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectively; and
(v) by inserting after paragraph (5) the following:
``(6) Standards for general service lamps.--
``(A) Rulemaking before january 1, 2014.--
``(i) In general.--Not later than January 1, 2014, the
Secretary shall initiate a rulemaking procedure to
determine whether--
``(I) standards in effect for general service lamps
should be amended to establish more stringent standards
than the standards specified in paragraph (1)(A); and
``(II) the exemptions for certain incandescent
lamps should be maintained or discontinued based, in
part, on exempted lamp sales collected by the Secretary
from manufacturers.
``(ii) Scope.--The rulemaking--
``(I) shall not be limited to incandescent lamp
technologies; and
``(II) shall include consideration of a minimum
standard of 45 lumens per watt for general service
lamps.
``(iii) Amended standards.--If the Secretary determines
that the standards in effect for general service
incandescent lamps should be amended, the Secretary shall
publish a final rule not later than January 1, 2017, with
an effective date that is not earlier than 3 years after
the date on which the final rule is published.
``(iv) Phased-in effective dates.--The Secretary shall
consider phased-in effective dates under this subparagraph
after considering--
``(I) the impact of any amendment on manufacturers,
retiring and repurposing existing equipment, stranded
investments, labor contracts, workers, and raw
materials; and
``(II) the time needed to work with retailers and
lighting designers to revise sales and marketing
strategies.
``(v) Backstop requirement.--If the Secretary fails to
complete a rulemaking in accordance with clauses (i)
through (iv) or if the final rule does not produce savings
that are greater than or equal to the savings from a
minimum efficacy standard of 45 lumens per watt, effective
beginning January 1, 2020, the Secretary shall prohibit the
sale of any general service lamp that does not meet a
minimum efficacy standard of 45 lumens per watt.
``(vi) State preemption.--Neither section 327(b) nor
any other provision of law shall preclude California or
Nevada from adopting, effective beginning on or after
January 1, 2018--
``(I) a final rule adopted by the Secretary in
accordance with clauses (i) through (iv);
``(II) if a final rule described in subclause (I)
has not been adopted, the backstop requirement under
clause (v); or
``(III) in the case of California, if a final rule
described in subclause (I) has not been adopted, any
California regulations relating to these covered
products adopted pursuant to State statute in effect as
of the date of enactment of the Energy Independence and
Security Act of 2007.
``(B) Rulemaking before january 1, 2020.--
``(i) In general.--Not later than January 1, 2020, the
Secretary shall initiate a rulemaking procedure to
determine whether--
``(I) standards in effect for general service
incandescent lamps should be amended to reflect lumen
ranges with more stringent maximum wattage than the
standards specified in paragraph (1)(A); and
``(II) the exemptions for certain incandescent
lamps should be maintained or discontinued based, in
part, on exempted lamp sales data collected by the
Secretary from manufacturers.
``(ii) Scope.--The rulemaking shall not be limited to
incandescent lamp technologies.
``(iii) Amended standards.--If the Secretary determines
that the standards in effect for general service
incandescent lamps should be amended, the Secretary shall
publish a final rule not later than January 1, 2022, with
an effective date that is not earlier than 3 years after
the date on which the final rule is published.
``(iv) Phased-in effective dates.--The Secretary shall
consider phased-in effective dates under this subparagraph
after considering--
``(I) the impact of any amendment on manufacturers,
retiring and repurposing existing equipment, stranded
investments, labor contracts, workers, and raw
materials; and
``(II) the time needed to work with retailers and
lighting designers to revise sales and marketing
strategies.''; and
(B) in subsection (l), by adding at the end the following:
``(4) Energy efficiency standards for certain lamps.--
``(A) In general.--The Secretary shall prescribe an energy
efficiency standard for rough service lamps, vibration service
lamps, 3-way incandescent lamps, 2,601-3,300 lumen general
service incandescent lamps, and shatter-resistant lamps only in
accordance with this paragraph.
``(B) Benchmarks.--Not later than 1 year after the date of
enactment of this paragraph, the Secretary, in consultation
with the National Electrical Manufacturers Association, shall--
``(i) collect actual data for United States unit sales
for each of calendar years 1990 through 2006 for each of
the 5 types of lamps described in subparagraph (A) to
determine the historical growth rate of the type of lamp;
and
``(ii) construct a model for each type of lamp based on
coincident economic indicators that closely match the
historical annual growth rate of the type of lamp to
provide a neutral comparison benchmark to model future unit
sales after calendar year 2006.
``(C) Actual sales data.--
``(i) In general.--Effective for each of calendar years
2010 through 2025, the Secretary, in consultation with the
National Electrical Manufacturers Association, shall--
``(I) collect actual United States unit sales data
for each of 5 types of lamps described in subparagraph
(A); and
``(II) not later than 90 days after the end of each
calendar year, compare the lamp sales in that year with
the sales predicted by the comparison benchmark for
each of the 5 types of lamps described in subparagraph
(A).
``(ii) Continuation of tracking.--
``(I) Determination.--Not later than January 1,
2023, the Secretary shall determine if actual sales
data should be tracked for the lamp types described in
subparagraph (A) after calendar year 2025.
``(II) Continuation.--If the Secretary finds that
the market share of a lamp type described in
subparagraph (A) could significantly erode the market
share for general service lamps, the Secretary shall
continue to track the actual sales data for the lamp
type.
``(D) Rough service lamps.--
``(i) In general.--Effective beginning with the first
year that the reported annual sales rate for rough service
lamps demonstrates actual unit sales of rough service lamps
that achieve levels that are at least 100 percent higher
than modeled unit sales for that same year, the Secretary
shall--
``(I) not later than 90 days after the end of the
previous calendar year, issue a finding that the index
has been exceeded; and
``(II) not later than the date that is 1 year after
the end of the previous calendar year, complete an
accelerated rulemaking to establish an energy
conservation standard for rough service lamps.
``(ii) Backstop requirement.--If the Secretary fails to
complete an accelerated rulemaking in accordance with
clause (i)(II), effective beginning 1 year after the date
of the issuance of the finding under clause (i)(I), the
Secretary shall require rough service lamps to--
``(I) have a shatter-proof coating or equivalent
technology that is compliant with NSF/ANSI 51 and is
designed to contain the glass if the glass envelope of
the lamp is broken and to provide effective containment
over the life of the lamp;
``(II) have a maximum 40-watt limitation; and
``(III) be sold at retail only in a package
containing 1 lamp.
``(E) Vibration service lamps.--
``(i) In general.--Effective beginning with the first
year that the reported annual sales rate for vibration
service lamps demonstrates actual unit sales of vibration
service lamps that achieve levels that are at least 100
percent higher than modeled unit sales for that same year,
the Secretary shall--
``(I) not later than 90 days after the end of the
previous calendar year, issue a finding that the index
has been exceeded; and
``(II) not later than the date that is 1 year after
the end of the previous calendar year, complete an
accelerated rulemaking to establish an energy
conservation standard for vibration service lamps.
``(ii) Backstop requirement.--If the Secretary fails to
complete an accelerated rulemaking in accordance with
clause (i)(II), effective beginning 1 year after the date
of the issuance of the finding under clause (i)(I), the
Secretary shall require vibration service lamps to--
``(I) have a maximum 40-watt limitation; and
``(II) be sold at retail only in a package
containing 1 lamp.
``(F) 3-way incandescent lamps.--
``(i) In general.--Effective beginning with the first
year that the reported annual sales rate for 3-way
incandescent lamps demonstrates actual unit sales of 3-way
incandescent lamps that achieve levels that are at least
100 percent higher than modeled unit sales for that same
year, the Secretary shall--
``(I) not later than 90 days after the end of the
previous calendar year, issue a finding that the index
has been exceeded; and
``(II) not later than the date that is 1 year after
the end of the previous calendar year, complete an
accelerated rulemaking to establish an energy
conservation standard for 3-way incandescent lamps.
``(ii) Backstop requirement.--If the Secretary fails to
complete an accelerated rulemaking in accordance with
clause (i)(II), effective beginning 1 year after the date
of issuance of the finding under clause (i)(I), the
Secretary shall require that--
``(I) each filament in a 3-way incandescent lamp
meet the new maximum wattage requirements for the
respective lumen range established under subsection
(i)(1)(A); and
``(II) 3-way lamps be sold at retail only in a
package containing 1 lamp.
``(G) 2,601-3,300 lumen general service incandescent
lamps.--Effective beginning with the first year that the
reported annual sales rate demonstrates actual unit sales of
2,601-3,300 lumen general service incandescent lamps in the
lumen range of 2,601 through 3,300 lumens (or, in the case of a
modified spectrum, in the lumen range of 1,951 through 2,475
lumens) that achieve levels that are at least 100 percent
higher than modeled unit sales for that same year, the
Secretary shall impose--
``(i) a maximum 95-watt limitation on general service
incandescent lamps in the lumen range of 2,601 through
3,300 lumens; and
``(ii) a requirement that those lamps be sold at retail
only in a package containing 1 lamp.
``(H) Shatter-resistant lamps.--
``(i) In general.--Effective beginning with the first
year that the reported annual sales rate for shatter-
resistant lamps demonstrates actual unit sales of shatter-
resistant lamps that achieve levels that are at least 100
percent higher than modeled unit sales for that same year,
the Secretary shall--
``(I) not later than 90 days after the end of the
previous calendar year, issue a finding that the index
has been exceeded; and
``(II) not later than the date that is 1 year after
the end of the previous calendar year, complete an
accelerated rulemaking to establish an energy
conservation standard for shatter-resistant lamps.
``(ii) Backstop requirement.--If the Secretary fails to
complete an accelerated rulemaking in accordance with
clause (i)(II), effective beginning 1 year after the date
of issuance of the finding under clause (i)(I), the
Secretary shall impose--
``(I) a maximum wattage limitation of 40 watts on
shatter resistant lamps; and
``(II) a requirement that those lamps be sold at
retail only in a package containing 1 lamp.
``(I) Rulemakings before january 1, 2025.--
``(i) In general.--Except as provided in clause (ii),
if the Secretary issues a final rule prior to January 1,
2025, establishing an energy conservation standard for any
of the 5 types of lamps for which data collection is
required under any of subparagraphs (D) through (G), the
requirement to collect and model data for that type of lamp
shall terminate unless, as part of the rulemaking, the
Secretary determines that continued tracking is necessary.
``(ii) Backstop requirement.--If the Secretary imposes
a backstop requirement as a result of a failure to complete
an accelerated rulemaking in accordance with clause (i)(II)
of any of subparagraphs (D) through (G), the requirement to
collect and model data for the applicable type of lamp
shall continue for an additional 2 years after the
effective date of the backstop requirement.''.
(b) Consumer Education and Lamp Labeling.--Section 324(a)(2)(C) of
the Energy Policy and Conservation Act (42 U.S.C. 6294(a)(2)(C)) is
amended by adding at the end the following:
``(iii) Rulemaking to consider effectiveness of lamp
labeling.--
``(I) In general.--Not later than 1 year after the
date of enactment of this clause, the Commission shall
initiate a rulemaking to consider--
``(aa) the effectiveness of current lamp
labeling for power levels or watts, light output or
lumens, and lamp lifetime; and
``(bb) alternative labeling approaches that
will help consumers to understand new high-
efficiency lamp products and to base the purchase
decisions of the consumers on the most appropriate
source that meets the requirements of the consumers
for lighting level, light quality, lamp lifetime,
and total lifecycle cost.
``(II) Completion.--The Commission shall--
``(aa) complete the rulemaking not later than
the date that is 30 months after the date of
enactment of this clause; and
``(bb) consider reopening the rulemaking not
later than 180 days before the effective dates of
the standards for general service incandescent
lamps established under section 325(i)(1)(A), if
the Commission determines that further labeling
changes are needed to help consumers understand
lamp alternatives.''.
(c) Market Assessments and Consumer Awareness Program.--
(1) In general.--In cooperation with the Administrator of the
Environmental Protection Agency, the Secretary of Commerce, the
Federal Trade Commission, lighting and retail industry
associations, energy efficiency organizations, and any other
entities that the Secretary of Energy determines to be appropriate,
the Secretary of Energy shall--
(A) conduct an annual assessment of the market for general
service lamps and compact fluorescent lamps--
(i) to identify trends in the market shares of lamp
types, efficiencies, and light output levels purchased by
residential and nonresidential consumers; and
(ii) to better understand the degree to which consumer
decisionmaking is based on lamp power levels or watts,
light output or lumens, lamp lifetime, and other factors,
including information required on labels mandated by the
Federal Trade Commission;
(B) provide the results of the market assessment to the
Federal Trade Commission for consideration in the rulemaking
described in section 324(a)(2)(C)(iii) of the Energy Policy and
Conservation Act (42 U.S.C. 6294(a)(2)(C)(iii)); and
(C) in cooperation with industry trade associations,
lighting industry members, utilities, and other interested
parties, carry out a proactive national program of consumer
awareness, information, and education that broadly uses the
media and other effective communication techniques over an
extended period of time to help consumers understand the lamp
labels and make energy-efficient lighting choices that meet the
needs of consumers.
(2) Authorization of appropriations.--There is authorized to be
appropriated to carry out this subsection $10,000,000 for each of
fiscal years 2009 through 2012.
(d) General Rule of Preemption for Energy Conservation Standards
Before Federal Standard Becomes Effective for a Product.--Section
327(b)(1) of the Energy Policy and Conservation Act (42 U.S.C.
6297(b)(1)) is amended--
(1) by inserting ``(A)'' after ``(1)'';
(2) by inserting ``or'' after the semicolon at the end; and
(3) by adding at the end the following:
``(B) in the case of any portion of any regulation that
establishes requirements for general service incandescent lamps,
intermediate base incandescent lamps, or candelabra base lamps, was
enacted or adopted by the State of California or Nevada before
December 4, 2007, except that--
``(i) the regulation adopted by the California Energy
Commission with an effective date of January 1, 2008, shall
only be effective until the effective date of the Federal
standard for the applicable lamp category under subparagraphs
(A), (B), and (C) of section 325(i)(1);
``(ii) the States of California and Nevada may, at any
time, modify or adopt a State standard for general service
lamps to conform with Federal standards with effective dates no
earlier than 12 months prior to the Federal effective dates
prescribed under subparagraphs (A), (B), and (C) of section
325(i)(1), at which time any prior regulations adopted by the
State of California or Nevada shall no longer be effective; and
``(iii) all other States may, at any time, modify or adopt
a State standard for general service lamps to conform with
Federal standards and effective dates.''.
(e) Prohibited Acts.--Section 332(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6302(a)) is amended--
(1) in paragraph (4), by striking ``or'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(6) for any manufacturer, distributor, retailer, or private
labeler to distribute in commerce an adapter that--
``(A) is designed to allow an incandescent lamp that does
not have a medium screw base to be installed into a fixture or
lampholder with a medium screw base socket; and
``(B) is capable of being operated at a voltage range at
least partially within 110 and 130 volts.''.
(f) Enforcement.--Section 334 of the Energy Policy and Conservation
Act (42 U.S.C. 6304) is amended by inserting after the second sentence
the following: ``Any such action to restrain any person from
distributing in commerce a general service incandescent lamp that does
not comply with the applicable standard established under section
325(i) or an adapter prohibited under section 332(a)(6) may also be
brought by the attorney general of a State in the name of the State.''.
(g) Research and Development Program.--
(1) In general.--The Secretary may carry out a lighting
technology research and development program--
(A) to support the research, development, demonstration,
and commercial application of lamps and related technologies
sold, offered for sale, or otherwise made available in the
United States; and
(B) to assist manufacturers of general service lamps in the
manufacturing of general service lamps that, at a minimum,
achieve the wattage requirements imposed as a result of the
amendments made by subsection (a).
(2) Authorization of appropriations.--There are authorized to
be appropriated to carry out this subsection $10,000,000 for each
of fiscal years 2008 through 2013.
(3) Termination of authority.--The program under this
subsection shall terminate on September 30, 2015.
(h) Reports to Congress.--
(1) Report on mercury use and release.--Not later than 1 year
after the date of enactment of this Act, the Secretary, in
cooperation with the Administrator of the Environmental Protection
Agency, shall submit to Congress a report describing
recommendations relating to the means by which the Federal
Government may reduce or prevent the release of mercury during the
manufacture, transportation, storage, or disposal of light bulbs.
(2) Report on rulemaking schedule.--Beginning on July 1, 2013,
and semiannually through July 1, 2016, the Secretary shall submit
to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural Resources
of the Senate a report on--
(A) whether the Secretary will meet the deadlines for the
rulemakings required under this section;
(B) a description of any impediments to meeting the
deadlines; and
(C) a specific plan to remedy any failures, including
recommendations for additional legislation or resources.
(3) National academy review.--
(A) In general.--Not later than December 31, 2009, the
Secretary shall enter into an arrangement with the National
Academy of Sciences to provide a report by December 31, 2013,
and an updated report by July 31, 2015. The report should
include--
(i) the status of advanced solid state lighting
research, development, demonstration and commercialization;
(ii) the impact on the types of lighting available to
consumers of an energy conservation standard requiring a
minimum of 45 lumens per watt for general service lighting
effective in 2020; and
(iii) the time frame for the commercialization of
lighting that could replace current incandescent and
halogen incandescent lamp technology and any other new
technologies developed to meet the minimum standards
required under subsection (a)(3) of this section.
(B) Reports.--The reports shall be transmitted to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
SEC. 322. INCANDESCENT REFLECTOR LAMP EFFICIENCY STANDARDS.
(a) Definitions.--Section 321 of the Energy Policy and Conservation
Act (42 U.S.C. 6291) (as amended by section 316(c)(1)(D)) is amended--
(1) in paragraph (30)(C)(ii)--
(A) in the matter preceding subclause (I)--
(i) by striking ``or similar bulb shapes (excluding ER
or BR)'' and inserting ``ER, BR, BPAR, or similar bulb
shapes''; and
(ii) by striking ``2.75'' and inserting ``2.25''; and
(B) by striking ``is either--'' and all that follows
through subclause (II) and inserting ``has a rated wattage that
is 40 watts or higher''; and
(2) by adding at the end the following:
``(54) BPAR incandescent reflector lamp.--The term `BPAR
incandescent reflector lamp' means a reflector lamp as shown in
figure C78.21-278 on page 32 of ANSI C78.21-2003.
``(55) BR incandescent reflector lamp; br30; br40.--
``(A) BR incandescent reflector lamp.--The term `BR
incandescent reflector lamp' means a reflector lamp that has--
``(i) a bulged section below the major diameter of the
bulb and above the approximate baseline of the bulb, as
shown in figure 1 (RB) on page 7 of ANSI C79.1-1994,
incorporated by reference in section 430.22 of title 10,
Code of Federal Regulations (as in effect on the date of
enactment of this paragraph); and
``(ii) a finished size and shape shown in ANSI C78.21-
1989, including the referenced reflective characteristics
in part 7 of ANSI C78.21-1989, incorporated by reference in
section 430.22 of title 10, Code of Federal Regulations (as
in effect on the date of enactment of this paragraph).
``(B) BR30.--The term `BR30' means a BR incandescent
reflector lamp with a diameter of 30/8ths of an inch.
``(C) BR40.--The term `BR40' means a BR incandescent
reflector lamp with a diameter of 40/8ths of an inch.
``(56) ER incandescent reflector lamp; er30; er40.--
``(A) ER incandescent reflector lamp.--The term `ER
incandescent reflector lamp' means a reflector lamp that has--
``(i) an elliptical section below the major diameter of
the bulb and above the approximate baseline of the bulb, as
shown in figure 1 (RE) on page 7 of ANSI C79.1-1994,
incorporated by reference in section 430.22 of title 10,
Code of Federal Regulations (as in effect on the date of
enactment of this paragraph); and
``(ii) a finished size and shape shown in ANSI C78.21-
1989, incorporated by reference in section 430.22 of title
10, Code of Federal Regulations (as in effect on the date
of enactment of this paragraph).
``(B) ER30.--The term `ER30' means an ER incandescent
reflector lamp with a diameter of 30/8ths of an inch.
``(C) ER40.--The term `ER40' means an ER incandescent
reflector lamp with a diameter of 40/8ths of an inch.
``(57) R20 incandescent reflector lamp.--The term `R20
incandescent reflector lamp' means a reflector lamp that has a face
diameter of approximately 2.5 inches, as shown in figure 1(R) on
page 7 of ANSI C79.1-1994.''.
(b) Standards for Fluorescent Lamps and Incandescent Reflector
Lamps.--Section 325(i) of the Energy Policy and Conservation Act (42
U.S.C. 6995(i)) is amended by striking paragraph (1) and inserting the
following:
``(1) Standards.--
``(A) Definition of effective date.--In this paragraph
(other than subparagraph (D)), the term `effective date' means,
with respect to each type of lamp specified in a table
contained in subparagraph (B), the last day of the period of
months corresponding to that type of lamp (as specified in the
table) that follows October 24, 1992.
``(B) Minimum standards.--Each of the following general
service fluorescent lamps and incandescent reflector lamps
manufactured after the effective date specified in the tables
contained in this paragraph shall meet or exceed the following
lamp efficacy and CRI standards:
``FLUORESCENT LAMPS
----------------------------------------------------------------------------------------------------------------
Effective Date
Lamp Type Nominal Lamp Minimum CRI Minimum Average Lamp (Period of
Wattage Efficacy (LPW) Months)
----------------------------------------------------------------------------------------------------------------
4-foot medium bi-pin........... >35 W 69 75.0 36
35 W 45 75.0 36
2-foot U-shaped................ >35 W 69 68.0 36
35 W 45 64.0 36
8-foot slimline................ 65 W 69 80.0 18
65 W 45 80.0 18
8-foot high output............. >100 W 69 80.0 18
100 W 45 80.0 18
----------------------------------------------------------------------------------------------------------------
``INCANDESCENT REFLECTOR LAMPS
------------------------------------------------------------------------
Effective Date
Nominal Lamp Wattage Minimum Average Lamp (Period of
Efficacy (LPW) Months)
------------------------------------------------------------------------
40-50....................... 10.5 36
51-66....................... 11.0 36
67-85....................... 12.5 36
86-115...................... 14.0 36
116-155...................... 14.5 36
156-205...................... 15.0 36
------------------------------------------------------------------------
``(C) Exemptions.--The standards specified in subparagraph
(B) shall not apply to the following types of incandescent
reflector lamps:
``(i) Lamps rated at 50 watts or less that are ER30,
BR30, BR40, or ER40 lamps.
``(ii) Lamps rated at 65 watts that are BR30, BR40, or
ER40 lamps.
``(iii) R20 incandescent reflector lamps rated 45 watts
or less.
``(D) Effective dates.--
``(i) ER, br, and bpar lamps.--The standards specified
in subparagraph (B) shall apply with respect to ER
incandescent reflector lamps, BR incandescent reflector
lamps, BPAR incandescent reflector lamps, and similar bulb
shapes on and after January 1, 2008.
``(ii) Lamps between 2.25-2.75 inches in diameter.--The
standards specified in subparagraph (B) shall apply with
respect to incandescent reflector lamps with a diameter of
more than 2.25 inches, but not more than 2.75 inches, on
and after the later of January 1, 2008, or the date that is
180 days after the date of enactment of the Energy
Independence and Security Act of 2007.''.
SEC. 323. PUBLIC BUILDING ENERGY EFFICIENT AND RENEWABLE ENERGY
SYSTEMS.
(a) Estimate of Energy Performance in Prospectus.--Section 3307(b)
of title 40, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(3) by inserting after paragraph (6) the following:
``(7) with respect to any prospectus for the construction,
alteration, or acquisition of any building or space to be leased,
an estimate of the future energy performance of the building or
space and a specific description of the use of energy efficient and
renewable energy systems, including photovoltaic systems, in
carrying out the project.''.
(b) Minimum Performance Requirements for Leased Space.--Section
3307 of such title is amended--
(1) by redesignating subsections (f) and (g) as subsections (g)
and (h), respectively; and
(2) by inserting after subsection (e) the following:
``(f) Minimum Performance Requirements for Leased Space.--With
respect to space to be leased, the Administrator shall include, to the
maximum extent practicable, minimum performance requirements requiring
energy efficiency and the use of renewable energy.''.
(c) Use of Energy Efficient Lighting Fixtures and Bulbs.--
(1) In general.--Chapter 33 of such title is amended--
(A) by redesignating sections 3313, 3314, and 3315 as
sections 3314, 3315, and 3316, respectively; and
(B) by inserting after section 3312 the following:
``Sec. 3313. Use of energy efficient lighting fixtures and bulbs
``(a) Construction, Alteration, and Acquisition of Public
Buildings.--Each public building constructed, altered, or acquired by
the Administrator of General Services shall be equipped, to the maximum
extent feasible as determined by the Administrator, with lighting
fixtures and bulbs that are energy efficient.
``(b) Maintenance of Public Buildings.--Each lighting fixture or
bulb that is replaced by the Administrator in the normal course of
maintenance of public buildings shall be replaced, to the maximum
extent feasible, with a lighting fixture or bulb that is energy
efficient.
``(c) Considerations.--In making a determination under this section
concerning the feasibility of installing a lighting fixture or bulb
that is energy efficient, the Administrator shall consider--
``(1) the life-cycle cost effectiveness of the fixture or bulb;
``(2) the compatibility of the fixture or bulb with existing
equipment;
``(3) whether use of the fixture or bulb could result in
interference with productivity;
``(4) the aesthetics relating to use of the fixture or bulb;
and
``(5) such other factors as the Administrator determines
appropriate.
``(d) Energy Star.--A lighting fixture or bulb shall be treated as
being energy efficient for purposes of this section if--
``(1) the fixture or bulb is certified under the Energy Star
program established by section 324A of the Energy Policy and
Conservation Act (42 U.S.C. 6294a);
``(2) in the case of all light-emitting diode (LED) luminaires,
lamps, and systems whose efficacy (lumens per watt) and Color
Rendering Index (CRI) meet the Department of Energy requirements
for minimum luminaire efficacy and CRI for the Energy Star
certification, as verified by an independent third-party testing
laboratory that the Administrator and the Secretary of Energy
determine conducts its tests according to the procedures and
recommendations of the Illuminating Engineering Society of North
America, even if the luminaires, lamps, and systems have not
received such certification; or
``(3) the Administrator and the Secretary of Energy have
otherwise determined that the fixture or bulb is energy efficient.
``(e) Additional Energy Efficient Lighting Designations.--The
Administrator of the Environmental Protection Agency and the Secretary
of Energy shall give priority to establishing Energy Star performance
criteria or Federal Energy Management Program designations for
additional lighting product categories that are appropriate for use in
public buildings.
``(f) Guidelines.--The Administrator shall develop guidelines for
the use of energy efficient lighting technologies that contain mercury
in child care centers in public buildings.
``(g) Applicability of Buy American Act.--Acquisitions carried out
pursuant to this section shall be subject to the requirements of the
Buy American Act (41 U.S.C. 10c et seq.).
``(h) Effective Date.--The requirements of subsections (a) and (b)
shall take effect 1 year after the date of enactment of this
subsection.''.
(2) Clerical amendment.--The analysis for such chapter is
amended by striking the items relating to sections 3313, 3314, and
3315 and inserting the following:
``3313. Use of energy efficient lighting fixtures and bulbs.
``3314. Delegation.
``3315. Report to Congress.
``3316. Certain authority not affected.''.
(d) Evaluation Factor.--Section 3310 of such title is amended--
(1) by redesignating paragraphs (3), (4), and (5) as paragraphs
(4), (5), and (6), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) shall include in the solicitation for any lease requiring
a prospectus under section 3307 an evaluation factor considering
the extent to which the offeror will promote energy efficiency and
the use of renewable energy;''.
SEC. 324. METAL HALIDE LAMP FIXTURES.
(a) Definitions.--Section 321 of the Energy Policy and Conservation
Act (42 U.S.C. 6291) (as amended by section 322(a)(2)) is amended by
adding at the end the following:
``(58) Ballast.--The term `ballast' means a device used with an
electric discharge lamp to obtain necessary circuit conditions
(voltage, current, and waveform) for starting and operating.
``(59) Ballast efficiency.--
``(A) In general.--The term `ballast efficiency' means, in
the case of a high intensity discharge fixture, the efficiency
of a lamp and ballast combination, expressed as a percentage,
and calculated in accordance with the following formula:
Efficiency = P<INF>out</INF>/P<INF>in</INF>.
``(B) Efficiency formula.--For the purpose of subparagraph
(A)--
``(i) P<INF>out </INF>shall equal the measured
operating lamp wattage;
``(ii) P<INF>in</INF> shall equal the measured
operating input wattage;
``(iii) the lamp, and the capacitor when the capacitor
is provided, shall constitute a nominal system in
accordance with the ANSI Standard C78.43-2004;
``(iv) for ballasts with a frequency of 60 Hz,
P<INF>in</INF> and P<INF>out</INF> shall be measured after
lamps have been stabilized according to section 4.4 of ANSI
Standard C82.6-2005 using a wattmeter with accuracy
specified in section 4.5 of ANSI Standard C82.6-2005; and
``(v) for ballasts with a frequency greater than 60 Hz,
P<INF>in</INF> and P<INF>out</INF> shall have a basic
accuracy of <plus-minus> 0.5 percent at the higher of--
``(I) 3 times the output operating frequency of the
ballast; or
``(II) 2 kHz for ballast with a frequency greater
than 60 Hz.
``(C) Modification.--The Secretary may, by rule, modify the
definition of `ballast efficiency' if the Secretary determines
that the modification is necessary or appropriate to carry out
the purposes of this Act.
``(60) Electronic ballast.--The term `electronic ballast' means
a device that uses semiconductors as the primary means to control
lamp starting and operation.
``(61) General lighting application.--The term `general
lighting application' means lighting that provides an interior or
exterior area with overall illumination.
``(62) Metal halide ballast.--The term `metal halide ballast'
means a ballast used to start and operate metal halide lamps.
``(63) Metal halide lamp.--The term `metal halide lamp' means a
high intensity discharge lamp in which the major portion of the
light is produced by radiation of metal halides and their products
of dissociation, possibly in combination with metallic vapors.
``(64) Metal halide lamp fixture.--The term `metal halide lamp
fixture' means a light fixture for general lighting application
designed to be operated with a metal halide lamp and a ballast for
a metal halide lamp.
``(65) Probe-start metal halide ballast.--The term `probe-start
metal halide ballast' means a ballast that--
``(A) starts a probe-start metal halide lamp that contains
a third starting electrode (probe) in the arc tube; and
``(B) does not generally contain an igniter but instead
starts lamps with high ballast open circuit voltage.
``(66) Pulse-start metal halide ballast.--
``(A) In general.--The term `pulse-start metal halide
ballast' means an electronic or electromagnetic ballast that
starts a pulse-start metal halide lamp with high voltage
pulses.
``(B) Starting process.--For the purpose of subparagraph
(A)--
``(i) lamps shall be started by first providing a high
voltage pulse for ionization of the gas to produce a glow
discharge; and
``(ii) to complete the starting process, power shall be
provided by the ballast to sustain the discharge through
the glow-to-arc transition.''.
(b) Coverage.--Section 322(a) of the Energy Policy and Conservation
Act (42 U.S.C. 6292(a)) is amended--
(1) by redesignating paragraph (19) as paragraph (20); and
(2) by inserting after paragraph (18) the following:
``(19) Metal halide lamp fixtures.''.
(c) Test Procedures.--Section 323(b) of the Energy Policy and
Conservation Act (42 U.S.C. 6293(b)) (as amended by section 301(b)) is
amended by adding at the end the following:
``(18) Metal halide lamp ballasts.--Test procedures for metal
halide lamp ballasts shall be based on ANSI Standard C82.6-2005,
entitled `Ballasts for High Intensity Discharge Lamps--Method of
Measurement'.''.
(d) Labeling.--Section 324(a)(2) of the Energy Policy and
Conservation Act (42 U.S.C. 6294(a)(2)) is amended--
(1) by redesignating subparagraphs (C) through (G) as
subparagraphs (D) through (H), respectively; and
(2) by inserting after subparagraph (B) the following:
``(C) Metal halide lamp fixtures.--
``(i) In general.--The Commission shall issue labeling
rules under this section applicable to the covered product
specified in section 322(a)(19) and to which standards are
applicable under section 325.
``(ii) Labeling.--The rules shall provide that the
labeling of any metal halide lamp fixture manufactured on
or after the later of January 1, 2009, or the date that is
270 days after the date of enactment of this subparagraph,
shall indicate conspicuously, in a manner prescribed by the
Commission under subsection (b) by July 1, 2008, a capital
letter `E' printed within a circle on the packaging of the
fixture, and on the ballast contained in the fixture.''.
(e) Standards.--Section 325 of the Energy Policy and Conservation
Act (42 U.S.C. 6295) (as amended by section 310) is amended--
(1) by redesignating subsection (hh) as subsection (ii);
(2) by inserting after subsection (gg) the following:
``(hh) Metal Halide Lamp Fixtures.--
``(1) Standards.--
``(A) In general.--Subject to subparagraphs (B) and (C),
metal halide lamp fixtures designed to be operated with lamps
rated greater than or equal to 150 watts but less than or equal
to 500 watts shall contain--
``(i) a pulse-start metal halide ballast with a minimum
ballast efficiency of 88 percent;
``(ii) a magnetic probe-start ballast with a minimum
ballast efficiency of 94 percent; or
``(iii) a nonpulse-start electronic ballast with--
``(I) a minimum ballast efficiency of 92 percent
for wattages greater than 250 watts; and
``(II) a minimum ballast efficiency of 90 percent
for wattages less than or equal to 250 watts.
``(B) Exclusions.--The standards established under
subparagraph (A) shall not apply to--
``(i) fixtures with regulated lag ballasts;
``(ii) fixtures that use electronic ballasts that
operate at 480 volts; or
``(iii) fixtures that--
``(I) are rated only for 150 watt lamps;
``(II) are rated for use in wet locations, as
specified by the National Electrical Code 2002, section
410.4(A); and
``(III) contain a ballast that is rated to operate
at ambient air temperatures above 50C, as specified by
UL 1029-2001.
``(C) Application.--The standards established under
subparagraph (A) shall apply to metal halide lamp fixtures
manufactured on or after the later of--
``(i) January 1, 2009; or
``(ii) the date that is 270 days after the date of
enactment of this subsection.
``(2) Final rule by january 1, 2012.--
``(A) In general.--Not later than January 1, 2012, the
Secretary shall publish a final rule to determine whether the
standards established under paragraph (1) should be amended.
``(B) Administration.--The final rule shall--
``(i) contain any amended standard; and
``(ii) apply to products manufactured on or after
January 1, 2015.
``(3) Final rule by january 1, 2019.--
``(A) In general.--Not later than January 1, 2019, the
Secretary shall publish a final rule to determine whether the
standards then in effect should be amended.
``(B) Administration.--The final rule shall--
``(i) contain any amended standards; and
``(ii) apply to products manufactured after January 1,
2022.
``(4) Design and performance requirements.--Notwithstanding any
other provision of law, any standard established pursuant to this
subsection may contain both design and performance requirements.'';
and
(3) in paragraph (2) of subsection (ii) (as redesignated by
paragraph (2)), by striking ``(gg)'' each place it appears and
inserting ``(hh)''.
(f) Effect on Other Law.--Section 327(c) of the Energy Policy and
Conservation Act (42 U.S.C. 6297(c)) is amended--
(1) in paragraph (8)(B), by striking the period at the end and
inserting ``; and''; and
(2) by adding at the end the following:
``(9) is a regulation concerning metal halide lamp fixtures
adopted by the California Energy Commission on or before January 1,
2011, except that--
``(A) if the Secretary fails to issue a final rule within
180 days after the deadlines for rulemakings in section
325(hh), notwithstanding any other provision of this section,
preemption shall not apply to a regulation concerning metal
halide lamp fixtures adopted by the California Energy
Commission--
``(i) on or before July 1, 2015, if the Secretary fails
to meet the deadline specified in section 325(hh)(2); or
``(ii) on or before July 1, 2022, if the Secretary
fails to meet the deadline specified in section
325(hh)(3).''.
SEC. 325. ENERGY EFFICIENCY LABELING FOR CONSUMER ELECTRONIC PRODUCTS.
(a) In General.--Section 324(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6294(a)) (as amended by section 324(d)) is
amended--
(1) in paragraph (2), by adding at the end the following:
``(I) Labeling requirements.--
``(i) In general.--Subject to clauses (ii) through
(iv), not later than 18 months after the date of issuance
of applicable Department of Energy testing procedures, the
Commission, in consultation with the Secretary and the
Administrator of the Environmental Protection Agency
(acting through the Energy Star program), shall, by
regulation, prescribe labeling or other disclosure
requirements for the energy use of--
``(I) televisions;
``(II) personal computers;
``(III) cable or satellite set-top boxes;
``(IV) stand-alone digital video recorder boxes;
and
``(V) personal computer monitors.
``(ii) Alternate testing procedures.--In the absence of
applicable testing procedures described in clause (i) for
products described in subclauses (I) through (V) of that
clause, the Commission may, by regulation, prescribe
labeling or other disclosure requirements for a consumer
product category described in clause (i) if the
Commission--
``(I) identifies adequate non-Department of Energy
testing procedures for those products; and
``(II) determines that labeling of, or other
disclosures relating to, those products is likely to
assist consumers in making purchasing decisions.
``(iii) Deadline and requirements for labeling.--
``(I) Deadline.--Not later than 18 months after the
date of promulgation of any requirements under clause
(i) or (ii), the Commission shall require labeling of,
or other disclosure requirements for, electronic
products described in clause (i).
``(II) Requirements.--The requirements prescribed
under clause (i) or (ii) may include specific
requirements for each electronic product to be labeled
with respect to the placement, size, and content of
Energy Guide labels.
``(iv) Determination of feasibility.--Clause (i) or
(ii) shall not apply in any case in which the Commission
determines that labeling in accordance with this
subsection--
``(I) is not technologically or economically
feasible; or
``(II) is not likely to assist consumers in making
purchasing decisions.''; and
(2) by adding at the end the following:
``(6) Authority to include additional product categories.--The
Commission may, by regulation, require labeling or other
disclosures in accordance with this subsection for any consumer
product not specified in this subsection or section 322 if the
Commission determines that labeling for the product is likely to
assist consumers in making purchasing decisions.''.
(b) Content of Label.--Section 324(c) of the Energy Policy and
Conservation Act (42 U.S.C. 6924(c)) is amended by adding at the end
the following:
``(9) Discretionary application.--The Commission may apply
paragraphs (1), (2), (3), (5), and (6) of this subsection to the
labeling of any product covered by paragraph (2)(I) or (6) of
subsection (a).''.
TITLE IV--ENERGY SAVINGS IN BUILDINGS AND INDUSTRY
SEC. 401. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Advisory committee.--The term ``Advisory Committee'' means
the Green Building Advisory Committee established under section
484.
(3) Commercial director.--The term ``Commercial Director''
means the individual appointed to the position established under
section 421.
(4) Consortium.--The term ``Consortium'' means the High-
Performance Green Building Partnership Consortium created in
response to section 436(c)(1) to represent the private sector in a
public-private partnership to promote high-performance green
buildings and zero-net-energy commercial buildings.
(5) Cost-effective lighting technology.--
(A) In general.--The term ``cost-effective lighting
technology'' means a lighting technology that--
(i) will result in substantial operational cost savings
by ensuring an installed consumption of not more than 1
watt per square foot; or
(ii) is contained in a list under--
(I) section 553 of Public Law 95-619 (42 U.S.C.
8259b);
(II) Federal acquisition regulation 23-203; and
(III) is at least as energy-conserving as required
by other provisions of this Act, including the
requirements of this title and title III which shall be
applicable to the extent that they would achieve
greater energy savings than provided under clause (i)
or this clause.
(B) Inclusions.--The term ``cost-effective lighting
technology'' includes--
(i) lamps;
(ii) ballasts;
(iii) luminaires;
(iv) lighting controls;
(v) daylighting; and
(vi) early use of other highly cost-effective lighting
technologies.
(6) Cost-effective technologies and practices.--The term
``cost-effective technologies and practices'' means a technology or
practice that--
(A) will result in substantial operational cost savings by
reducing electricity or fossil fuel consumption, water, or
other utility costs, including use of geothermal heat pumps;
(B) complies with the provisions of section 553 of Public
Law 95-619 (42 U.S.C. 8259b) and Federal acquisition regulation
23-203; and
(C) is at least as energy and water conserving as required
under this title, including sections 431 through 435, and title
V, including sections 511 through 525, which shall be
applicable to the extent that they are more stringent or
require greater energy or water savings than required by this
section.
(7) Federal director.--The term ``Federal Director'' means the
individual appointed to the position established under section
436(a).
(8) Federal facility.--The term ``Federal facility'' means any
building that is constructed, renovated, leased, or purchased in
part or in whole for use by the Federal Government.
(9) Operational cost savings.--
(A) In general.--The term ``operational cost savings''
means a reduction in end-use operational costs through the
application of cost-effective technologies and practices or
geothermal heat pumps, including a reduction in electricity
consumption relative to consumption by the same customer or at
the same facility in a given year, as defined in guidelines
promulgated by the Administrator pursuant to section 329(b) of
the Clean Air Act, that achieves cost savings sufficient to pay
the incremental additional costs of using cost-effective
technologies and practices including geothermal heat pumps by
not later than the later of the date established under sections
431 through 434, or--
(i) for cost-effective technologies and practices, the
date that is 5 years after the date of installation; and
(ii) for geothermal heat pumps, as soon as practical
after the date of installation of the applicable geothermal
heat pump.
(B) Inclusions.--The term ``operational cost savings''
includes savings achieved at a facility as a result of--
(i) the installation or use of cost-effective
technologies and practices; or
(ii) the planting of vegetation that shades the
facility and reduces the heating, cooling, or lighting
needs of the facility.
(C) Exclusion.--The term ``operational cost savings'' does
not include savings from measures that would likely be adopted
in the absence of cost-effective technology and practices
programs, as determined by the Administrator.
(10) Geothermal heat pump.--The term ``geothermal heat pump''
means any heating or air conditioning technology that--
(A) uses the ground or ground water as a thermal energy
source to heat, or as a thermal energy sink to cool, a
building; and
(B) meets the requirements of the Energy Star program of
the Environmental Protection Agency applicable to geothermal
heat pumps on the date of purchase of the technology.
(11) GSA facility.--
(A) In general.--The term ``GSA facility'' means any
building, structure, or facility, in whole or in part
(including the associated support systems of the building,
structure, or facility) that--
(i) is constructed (including facilities constructed
for lease), renovated, or purchased, in whole or in part,
by the Administrator for use by the Federal Government; or
(ii) is leased, in whole or in part, by the
Administrator for use by the Federal Government--
(I) except as provided in subclause (II), for a
term of not less than 5 years; or
(II) for a term of less than 5 years, if the
Administrator determines that use of cost-effective
technologies and practices would result in the payback
of expenses.
(B) Inclusion.--The term ``GSA facility'' includes any
group of buildings, structures, or facilities described in
subparagraph (A) (including the associated energy-consuming
support systems of the buildings, structures, and facilities).
(C) Exemption.--The Administrator may exempt from the
definition of ``GSA facility'' under this paragraph a building,
structure, or facility that meets the requirements of section
543(c) of Public Law 95-619 (42 U.S.C. 8253(c)).
(12) High-performance building.--The term ``high-performance
building'' means a building that integrates and optimizes on a life
cycle basis all major high performance attributes, including energy
conservation, environment, safety, security, durability,
accessibility, cost-benefit, productivity, sustainability,
functionality, and operational considerations.
(13) High-performance green building.--The term ``high-
performance green building'' means a high-performance building
that, during its life-cycle, as compared with similar buildings (as
measured by Commercial Buildings Energy Consumption Survey or
Residential Energy Consumption Survey data from the Energy
Information Agency)--
(A) reduces energy, water, and material resource use;
(B) improves indoor environmental quality, including
reducing indoor pollution, improving thermal comfort, and
improving lighting and acoustic environments that affect
occupant health and productivity;
(C) reduces negative impacts on the environment throughout
the life-cycle of the building, including air and water
pollution and waste generation;
(D) increases the use of environmentally preferable
products, including biobased, recycled content, and nontoxic
products with lower life-cycle impacts;
(E) increases reuse and recycling opportunities;
(F) integrates systems in the building;
(G) reduces the environmental and energy impacts of
transportation through building location and site design that
support a full range of transportation choices for users of the
building; and
(H) considers indoor and outdoor effects of the building on
human health and the environment, including--
(i) improvements in worker productivity;
(ii) the life-cycle impacts of building materials and
operations; and
(iii) other factors that the Federal Director or the
Commercial Director consider to be appropriate.
(14) Life-cycle.--The term ``life-cycle'', with respect to a
high-performance green building, means all stages of the useful
life of the building (including components, equipment, systems, and
controls of the building) beginning at conception of a high-
performance green building project and continuing through site
selection, design, construction, landscaping, commissioning,
operation, maintenance, renovation, deconstruction or demolition,
removal, and recycling of the high-performance green building.
(15) Life-cycle assessment.--The term ``life-cycle assessment''
means a comprehensive system approach for measuring the
environmental performance of a product or service over the life of
the product or service, beginning at raw materials acquisition and
continuing through manufacturing, transportation, installation,
use, reuse, and end-of-life waste management.
(16) Life-cycle costing.--The term ``life-cycle costing'', with
respect to a high-performance green building, means a technique of
economic evaluation that--
(A) sums, over a given study period, the costs of initial
investment (less resale value), replacements, operations
(including energy use), and maintenance and repair of an
investment decision; and
(B) is expressed--
(i) in present value terms, in the case of a study
period equivalent to the longest useful life of the
building, determined by taking into consideration the
typical life of such a building in the area in which the
building is to be located; or
(ii) in annual value terms, in the case of any other
study period.
(17) Office of commercial high-performance green buildings.--
The term ``Office of Commercial High-Performance Green Buildings''
means the Office of Commercial High-Performance Green Buildings
established under section 421(a).
(18) Office of federal high-performance green buildings.--The
term ``Office of Federal High-Performance Green Buildings'' means
the Office of Federal High-Performance Green Buildings established
under section 436(a).
(19) Practices.--The term ``practices'' means design,
financing, permitting, construction, commissioning, operation and
maintenance, and other practices that contribute to achieving zero-
net-energy buildings or facilities.
(20) Zero-net-energy commercial building.--The term ``zero-net-
energy commercial building'' means a commercial building that is
designed, constructed, and operated to--
(A) require a greatly reduced quantity of energy to
operate;
(B) meet the balance of energy needs from sources of energy
that do not produce greenhouse gases;
(C) therefore result in no net emissions of greenhouse
gases; and
(D) be economically viable.
Subtitle A--Residential Building Efficiency
SEC. 411. REAUTHORIZATION OF WEATHERIZATION ASSISTANCE PROGRAM.
(a) In General.--Section 422 of the Energy Conservation and
Production Act (42 U.S.C. 6872) is amended by striking ``appropriated
$500,000,000 for fiscal year 2006, $600,000,000 for fiscal year 2007,
and $700,000,000 for fiscal year 2008'' and inserting ``appropriated--
``(1) $750,000,000 for fiscal year 2008;
``(2) $900,000,000 for fiscal year 2009;
``(3) $1,050,000,000 for fiscal year 2010;
``(4) $1,200,000,000 for fiscal year 2011; and
``(5) $1,400,000,000 for fiscal year 2012.''.
(b) Sustainable Energy Resources for Consumers Grants.--
(1) In general.--The Secretary may make funding available to
local weatherization agencies from amounts authorized under the
amendment made by subsection (a) to expand the weatherization
assistance program for residential buildings to include materials,
benefits, and renewable and domestic energy technologies not
covered by the program (as of the date of enactment of this Act),
if the State weatherization grantee certifies that the applicant
has the capacity to carry out the proposed activities and that the
grantee will include the project in the financial oversight of the
grantee of the weatherization assistance program.
(2) Priority.--In selecting grant recipients under this
subsection, the Secretary shall give priority to--
(A) the expected effectiveness and benefits of the proposed
project to low- and moderate-income energy consumers;
(B) the potential for replication of successful results;
(C) the impact on the health and safety and energy costs of
consumers served; and
(D) the extent of partnerships with other public and
private entities that contribute to the resources and
implementation of the program, including financial
partnerships.
(3) Funding.--
(A) In general.--Except as provided in paragraph (2), the
amount of funds used for projects described in paragraph (1)
may equal up to 2 percent of the amount of funds made available
for any fiscal year under section 422 of the Energy
Conservation and Production Act (42 U.S.C. 6872).
(B) Exception.--No funds may be used for sustainable energy
resources for consumers grants for a fiscal year under this
subsection if the amount of funds made available for the fiscal
year to carry out the Weatherization Assistance Program for
Low-Income Persons established under part A of title IV of the
Energy Conservation and Production Act (42 U.S.C. 6861 et seq.)
is less than $275,000,000.
(c) Definition of State.--Section 412 of the Energy Conservation
and Production Act (42 U.S.C. 6862) is amended by striking paragraph
(8) and inserting the following:
``(8) State.--The term `State' means--
``(A) a State;
``(B) the District of Columbia;
``(C) the Commonwealth of Puerto Rico; and
``(D) any other territory or possession of the United
States.''.
SEC. 412. STUDY OF RENEWABLE ENERGY REBATE PROGRAMS.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall conduct, and submit to
Congress a report on, a study regarding the rebate programs established
under sections 124 and 206(c) of the Energy Policy Act of 2005 (42
U.S.C. 15821, 15853).
(b) Components.--In conducting the study, the Secretary shall--
(1) develop a plan for how the rebate programs would be carried
out if the programs were funded; and
(2) determine the minimum amount of funding the program would
need to receive in order to accomplish the goals of the programs.
SEC. 413. ENERGY CODE IMPROVEMENTS APPLICABLE TO MANUFACTURED HOUSING.
(a) Establishment of Standards.--
(1) In general.--Not later than 4 years after the date of
enactment of this Act, the Secretary shall by regulation establish
standards for energy efficiency in manufactured housing.
(2) Notice, comment, and consultation.--Standards described in
paragraph (1) shall be established after--
(A) notice and an opportunity for comment by manufacturers
of manufactured housing and other interested parties; and
(B) consultation with the Secretary of Housing and Urban
Development, who may seek further counsel from the Manufactured
Housing Consensus Committee.
(b) Requirements.--
(1) International energy conservation code.--The energy
conservation standards established under this section shall be
based on the most recent version of the International Energy
Conservation Code (including supplements), except in cases in which
the Secretary finds that the code is not cost-effective, or a more
stringent standard would be more cost-effective, based on the
impact of the code on the purchase price of manufactured housing
and on total life-cycle construction and operating costs.
(2) Considerations.--The energy conservation standards
established under this section may--
(A) take into consideration the design and factory
construction techniques of manufactured homes;
(B) be based on the climate zones established by the
Department of Housing and Urban Development rather than the
climate zones under the International Energy Conservation Code;
and
(C) provide for alternative practices that result in net
estimated energy consumption equal to or less than the
specified standards.
(3) Updating.--The energy conservation standards established
under this section shall be updated not later than--
(A) 1 year after the date of enactment of this Act; and
(B) 1 year after any revision to the International Energy
Conservation Code.
(c) Enforcement.--Any manufacturer of manufactured housing that
violates a provision of the regulations under subsection (a) is liable
to the United States for a civil penalty in an amount not exceeding 1
percent of the manufacturer's retail list price of the manufactured
housing.
Subtitle B--High-Performance Commercial Buildings
SEC. 421. COMMERCIAL HIGH-PERFORMANCE GREEN BUILDINGS.
(a) Director of Commercial High-Performance Green Buildings.--
Notwithstanding any other provision of law, the Secretary, acting
through the Assistant Secretary of Energy Efficiency and Renewable
Energy, shall appoint a Director of Commercial High-Performance Green
Buildings to a position in the career-reserved Senior Executive
service, with the principal responsibility to--
(1) establish and manage the Office of Commercial High-
Performance Green Buildings; and
(2) carry out other duties as required under this subtitle.
(b) Qualifications.--The Commercial Director shall be an
individual, who by reason of professional background and experience, is
specifically qualified to carry out the duties required under this
subtitle.
(c) Duties.--The Commercial Director shall, with respect to
development of high-performance green buildings and zero-energy
commercial buildings nationwide--
(1) coordinate the activities of the Office of Commercial High-
Performance Green Buildings with the activities of the Office of
Federal High-Performance Green Buildings;
(2) develop the legal predicates and agreements for, negotiate,
and establish one or more public-private partnerships with the
Consortium, members of the Consortium, and other capable parties
meeting the qualifications of the Consortium, to further such
development;
(3) represent the public and the Department in negotiating and
performing in accord with such public-private partnerships;
(4) use appropriated funds in an effective manner to encourage
the maximum investment of private funds to achieve such
development;
(5) promote research and development of high-performance green
buildings, consistent with section 423; and
(6) jointly establish with the Federal Director a national
high-performance green building clearinghouse in accordance with
section 423(1), which shall provide high-performance green building
information and disseminate research results through--
(A) outreach;
(B) education; and
(C) the provision of technical assistance.
(d) Reporting.--The Commercial Director shall report directly to
the Assistant Secretary for Energy Efficiency and Renewable Energy, or
to other senior officials in a way that facilitates the integrated
program of this subtitle for both energy efficiency and renewable
energy and both technology development and technology deployment.
(e) Coordination.--The Commercial Director shall ensure full
coordination of high-performance green building information and
activities, including activities under this subtitle, within the
Federal Government by working with the General Services Administration
and all relevant agencies, including, at a minimum--
(1) the Environmental Protection Agency;
(2) the Office of the Federal Environmental Executive;
(3) the Office of Federal Procurement Policy;
(4) the Department of Energy, particularly the Federal Energy
Management Program;
(5) the Department of Health and Human Services;
(6) the Department of Housing and Urban Development;
(7) the Department of Defense;
(8) the National Institute of Standards and Technology;
(9) the Department of Transportation;
(10) the Office of Science Technology and Policy; and
(11) such nonprofit high-performance green building rating and
analysis entities as the Commercial Director determines can offer
support, expertise, and review services.
(f) High-Performance Green Building Partnership Consortium.--
(1) Recognition.--Not later than 90 days after the date of
enactment of this Act, the Commercial Director shall formally
recognize one or more groups that qualify as a high-performance
green building partnership consortium.
(2) Representation to qualify.--To qualify under this section,
any consortium shall include representation from--
(A) the design professions, including national associations
of architects and of professional engineers;
(B) the development, construction, financial, and real
estate industries;
(C) building owners and operators from the public and
private sectors;
(D) academic and research organizations, including at least
one national laboratory with extensive commercial building
energy expertise;
(E) building code agencies and organizations, including a
model energy code-setting organization;
(F) independent high-performance green building
associations or councils;
(G) experts in indoor air quality and environmental
factors;
(H) experts in intelligent buildings and integrated
building information systems;
(I) utility energy efficiency programs;
(J) manufacturers and providers of equipment and techniques
used in high-performance green buildings;
(K) public transportation industry experts; and
(L) nongovernmental energy efficiency organizations.
(3) Funding.--The Secretary may make payments to the Consortium
pursuant to the terms of a public-private partnership for such
activities of the Consortium undertaken under such a partnership as
described in this subtitle directly to the Consortium or through
one or more of its members.
(g) Report.--Not later than 2 years after the date of enactment of
this Act, and biennially thereafter, the Commercial Director, in
consultation with the Consortium, shall submit to Congress a report
that--
(1) describes the status of the high-performance green building
initiatives under this subtitle and other Federal programs
affecting commercial high-performance green buildings in effect as
of the date of the report, including--
(A) the extent to which the programs are being carried out
in accordance with this subtitle; and
(B) the status of funding requests and appropriations for
those programs; and
(2) summarizes and highlights development, at the State and
local level, of high-performance green building initiatives,
including executive orders, policies, or laws adopted promoting
high-performance green building (including the status of
implementation of those initiatives).
SEC. 422. ZERO NET ENERGY COMMERCIAL BUILDINGS INITIATIVE.
(a) Definitions.--In this section:
(1) Consortium.--The term ``consortium'' means a High-
Performance Green Building Consortium selected by the Commercial
Director.
(2) Initiative.--The term ``initiative'' means the Zero-Net-
Energy Commercial Buildings Initiative established under subsection
(b)(1).
(3) Zero-net-energy commercial building.--The term ``zero-net-
energy commercial building'' means a high-performance commercial
building that is designed, constructed, and operated--
(A) to require a greatly reduced quantity of energy to
operate;
(B) to meet the balance of energy needs from sources of
energy that do not produce greenhouse gases;
(C) in a manner that will result in no net emissions of
greenhouse gases; and
(D) to be economically viable.
(b) Establishment.--
(1) In general.--The Commercial Director shall establish an
initiative, to be known as the ``Zero-Net-Energy Commercial
Buildings Initiative''--
(A) to reduce the quantity of energy consumed by commercial
buildings located in the United States; and
(B) to achieve the development of zero net energy
commercial buildings in the United States.
(2) Consortium.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Commercial Director shall
competitively select, and enter into an agreement with, a
consortium to develop and carry out the initiative.
(B) Agreements.--In entering into an agreement with a
consortium under subparagraph (A), the Commercial Director
shall use the authority described in section 646(g) of the
Department of Energy Organization Act (42 U.S.C. 7256(g)), to
the maximum extent practicable.
(c) Goal of Initiative.--The goal of the initiative shall be to
develop and disseminate technologies, practices, and policies for the
development and establishment of zero net energy commercial buildings
for--
(1) any commercial building newly constructed in the United
States by 2030;
(2) 50 percent of the commercial building stock of the United
States by 2040; and
(3) all commercial buildings in the United States by 2050.
(d) Components.--In carrying out the initiative, the Commercial
Director, in consultation with the consortium, may--
(1) conduct research and development on building science,
design, materials, components, equipment and controls, operation
and other practices, integration, energy use measurement, and
benchmarking;
(2) conduct pilot programs and demonstration projects to
evaluate replicable approaches to achieving energy efficient
commercial buildings for a variety of building types in a variety
of climate zones;
(3) conduct deployment, dissemination, and technical assistance
activities to encourage widespread adoption of technologies,
practices, and policies to achieve energy efficient commercial
buildings;
(4) conduct other research, development, demonstration, and
deployment activities necessary to achieve each goal of the
initiative, as determined by the Commercial Director, in
consultation with the consortium;
(5) develop training materials and courses for building
professionals and trades on achieving cost-effective high-
performance energy efficient buildings;
(6) develop and disseminate public education materials to share
information on the benefits and cost-effectiveness of high-
performance energy efficient buildings;
(7) support code-setting organizations and State and local
governments in developing minimum performance standards in building
codes that recognize the ready availability of many technologies
utilized in high-performance energy efficient buildings;
(8) develop strategies for overcoming the split incentives
between builders and purchasers, and landlords and tenants, to
ensure that energy efficiency and high-performance investments are
made that are cost-effective on a lifecycle basis; and
(9) develop improved means of measurement and verification of
energy savings and performance for public dissemination.
(e) Cost Sharing.--In carrying out this section, the Commercial
Director shall require cost sharing in accordance with section 988 of
the Energy Policy Act of 2005 (42 U.S.C. 16352).
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $20,000,000 for fiscal year 2008;
(2) $50,000,000 for each of fiscal years 2009 and 2010;
(3) $100,000,000 for each of fiscal years 2011 and 2012; and
(4) $200,000,000 for each of fiscal years 2013 through 2018.
SEC. 423. PUBLIC OUTREACH.
The Commercial Director and Federal Director, in coordination with
the Consortium, shall carry out public outreach to inform individuals
and entities of the information and services available governmentwide
by--
(1) establishing and maintaining a national high-performance
green building clearinghouse, including on the Internet, that--
(A) identifies existing similar efforts and coordinates
activities of common interest; and
(B) provides information relating to high-performance green
buildings, including hyperlinks to Internet sites that describe
the activities, information, and resources of--
(i) the Federal Government;
(ii) State and local governments;
(iii) the private sector (including nongovernmental and
nonprofit entities and organizations); and
(iv) international organizations;
(2) identifying and recommending educational resources for
implementing high-performance green building practices, including
security and emergency benefits and practices;
(3) providing access to technical assistance, tools, and
resources for constructing high-performance green buildings,
particularly tools to conduct life-cycle costing and life-cycle
assessment;
(4) providing information on application processes for
certifying a high-performance green building, including
certification and commissioning;
(5) providing to the public, through the Commercial Director,
technical and research information or other forms of assistance or
advice that would be useful in planning and constructing high-
performance green buildings;
(6) using such additional methods as are determined by the
Commercial Director to be appropriate to conduct public outreach;
(7) surveying existing research and studies relating to high-
performance green buildings; and
(8) coordinating activities of common interest.
Subtitle C--High-Performance Federal Buildings
SEC. 431. ENERGY REDUCTION GOALS FOR FEDERAL BUILDINGS.
Section 543(a)(1) of the National Energy Conservation Policy Act
(42 U.S.C. 8253(a)(1)) is amended by striking the table and inserting
the following:
``Fiscal Year
Percentage Reduction
2006......................................................
2
2007......................................................
4
2008......................................................
9
2009......................................................
12
2010......................................................
15
2011......................................................
18
2012......................................................
21
2013......................................................
24
2014......................................................
27
2015......................................................
30.''.
SEC. 432. MANAGEMENT OF ENERGY AND WATER EFFICIENCY IN FEDERAL
BUILDINGS.
Section 543 of the National Energy Conservation Policy Act (42
U.S.C. 8253) is amended by adding at the end the following:
``(f) Use of Energy and Water Efficiency Measures in Federal
Buildings.--
``(1) Definitions.--In this subsection:
``(A) Commissioning.--The term `commissioning', with
respect to a facility, means a systematic process--
``(i) of ensuring, using appropriate verification and
documentation, during the period beginning on the initial
day of the design phase of the facility and ending not
earlier than 1 year after the date of completion of
construction of the facility, that all facility systems
perform interactively in accordance with--
``(I) the design documentation and intent of the
facility; and
``(II) the operational needs of the owner of the
facility, including preparation of operation personnel;
and
``(ii) the primary goal of which is to ensure fully
functional systems that can be properly operated and
maintained during the useful life of the facility.
``(B) Energy manager.--
``(i) In general.--The term `energy manager', with
respect to a facility, means the individual who is
responsible for--
``(I) ensuring compliance with this subsection by
the facility; and
``(II) reducing energy use at the facility.
``(ii) Inclusions.--The term `energy manager' may
include--
``(I) a contractor of a facility;
``(II) a part-time employee of a facility; and
``(III) an individual who is responsible for
multiple facilities.
``(C) Facility.--
``(i) In general.--The term `facility' means any
building, installation, structure, or other property
(including any applicable fixtures) owned or operated by,
or constructed or manufactured and leased to, the Federal
Government.
``(ii) Inclusions.--The term `facility' includes--
``(I) a group of facilities at a single location or
multiple locations managed as an integrated operation;
and
``(II) contractor-operated facilities owned by the
Federal Government.
``(iii) Exclusions.--The term `facility' does not
include any land or site for which the cost of utilities is
not paid by the Federal Government.
``(D) Life cycle cost-effective.--The term `life cycle
cost-effective', with respect to a measure, means a measure,
the estimated savings of which exceed the estimated costs over
the lifespan of the measure, as determined in accordance with
section 544.
``(E) Payback period.--
``(i) In general.--Subject to clause (ii), the term
`payback period', with respect to a measure, means a value
equal to the quotient obtained by dividing--
``(I) the estimated initial implementation cost of
the measure (other than financing costs); by
``(II) the annual cost savings resulting from the
measure, including--
``(aa) net savings in estimated energy and
water costs; and
``(bb) operations, maintenance, repair,
replacement, and other direct costs.
``(ii) Modifications and exceptions.--The Secretary, in
guidelines issued pursuant to paragraph (6), may make such
modifications and provide such exceptions to the
calculation of the payback period of a measure as the
Secretary determines to be appropriate to achieve the
purposes of this Act.
``(F) Recommissioning.--The term `recommissioning' means a
process--
``(i) of commissioning a facility or system beyond the
project development and warranty phases of the facility or
system; and
``(ii) the primary goal of which is to ensure optimum
performance of a facility, in accordance with design or
current operating needs, over the useful life of the
facility, while meeting building occupancy requirements.
``(G) Retrocommissioning.--The term `retrocommis-
sioning' means a process of commissioning a facility or system
that was not commissioned at the time of construction of the
facility or system.
``(2) Facility energy managers.--
``(A) In general.--Each Federal agency shall designate an
energy manager responsible for implementing this subsection and
reducing energy use at each facility that meets criteria under
subparagraph (B).
``(B) Covered facilities.--The Secretary shall develop
criteria, after consultation with affected agencies, energy
efficiency advocates, and energy and utility service providers,
that cover, at a minimum, Federal facilities, including central
utility plants and distribution systems and other energy
intensive operations, that constitute at least 75 percent of
facility energy use at each agency.
``(3) Energy and water evaluations.--
``(A) Evaluations.--Effective beginning on the date that is
180 days after the date of enactment of this subsection and
annually thereafter, energy managers shall complete, for each
calendar year, a comprehensive energy and water evaluation for
approximately 25 percent of the facilities of each agency that
meet the criteria under paragraph (2)(B) in a manner that
ensures that an evaluation of each such facility is completed
at least once every 4 years.
``(B) Recommissioning and retrocommissioning.--As part of
the evaluation under subparagraph (A), the energy manager shall
identify and assess recommissioning measures (or, if the
facility has never been commissioned, retrocommissioning
measures) for each such facility.
``(4) Implementation of identified energy and water efficiency
measures.--Not later than 2 years after the completion of each
evaluation under paragraph (3), each energy manager may--
``(A) implement any energy- or water-saving measure that
the Federal agency identified in the evaluation conducted under
paragraph (3) that is life cycle cost-effective; and
``(B) bundle individual measures of varying paybacks
together into combined projects.
``(5) Follow-up on implemented measures.--For each measure
implemented under paragraph (4), each energy manager shall ensure
that--
``(A) equipment, including building and equipment controls,
is fully commissioned at acceptance to be operating at design
specifications;
``(B) a plan for appropriate operations, maintenance, and
repair of the equipment is in place at acceptance and is
followed;
``(C) equipment and system performance is measured during
its entire life to ensure proper operations, maintenance, and
repair; and
``(D) energy and water savings are measured and verified.
``(6) Guidelines.--
``(A) In general.--The Secretary shall issue guidelines and
necessary criteria that each Federal agency shall follow for
implementation of--
``(i) paragraphs (2) and (3) not later than 180 days
after the date of enactment of this subsection; and
``(ii) paragraphs (4) and (5) not later than 1 year
after the date of enactment of this subsection.
``(B) Relationship to funding source.--The guidelines
issued by the Secretary under subparagraph (A) shall be
appropriate and uniform for measures funded with each type of
funding made available under paragraph (10), but may
distinguish between different types of measures project size,
and other criteria the Secretary determines are relevant.
``(7) Web-based certification.--
``(A) In general.--For each facility that meets the
criteria established by the Secretary under paragraph (2)(B),
the energy manager shall use the web-based tracking system
under subparagraph (B) to certify compliance with the
requirements for--
``(i) energy and water evaluations under paragraph (3);
``(ii) implementation of identified energy and water
measures under paragraph (4); and
``(iii) follow-up on implemented measures under
paragraph (5).
``(B) Deployment.--
``(i) In general.--Not later than 1 year after the date
of enactment of this subsection, the Secretary shall
develop and deploy a web-based tracking system required
under this paragraph in a manner that tracks, at a
minimum--
``(I) the covered facilities;
``(II) the status of meeting the requirements
specified in subparagraph (A);
``(III) the estimated cost and savings for measures
required to be implemented in a facility;
``(IV) the measured savings and persistence of
savings for implemented measures; and
``(V) the benchmarking information disclosed under
paragraph (8)(C).
``(ii) Ease of compliance.--The Secretary shall ensure
that energy manager compliance with the requirements in
this paragraph, to the maximum extent practicable--
``(I) can be accomplished with the use of
streamlined procedures and templates that minimize the
time demands on Federal employees; and
``(II) is coordinated with other applicable energy
reporting requirements.
``(C) Availability.--
``(i) In general.--Subject to clause (ii), the
Secretary shall make the web-based tracking system required
under this paragraph available to Congress, other Federal
agencies, and the public through the Internet.
``(ii) Exemptions.--At the request of a Federal agency,
the Secretary may exempt specific data for specific
facilities from disclosure under clause (i) for national
security purposes.
``(8) Benchmarking of federal facilities.--
``(A) In general.--The energy manager shall enter energy
use data for each metered building that is (or is a part of) a
facility that meets the criteria established by the Secretary
under paragraph (2)(B) into a building energy use benchmarking
system, such as the Energy Star Portfolio Manager.
``(B) System and guidance.--Not later than 1 year after the
date of enactment of this subsection, the Secretary shall--
``(i) select or develop the building energy use
benchmarking system required under this paragraph for each
type of building; and
``(ii) issue guidance for use of the system.
``(C) Public disclosure.--Each energy manager shall post
the information entered into, or generated by, a benchmarking
system under this subsection, on the web-based tracking system
under paragraph (7)(B). The energy manager shall update such
information each year, and shall include in such reporting
previous years' information to allow changes in building
performance to be tracked over time.
``(9) Federal agency scorecards.--
``(A) In general.--The Director of the Office of Management
and Budget shall issue semiannual scorecards for energy
management activities carried out by each Federal agency that
includes--
``(i) summaries of the status of implementing the
various requirements of the agency and its energy managers
under this subsection; and
``(ii) any other means of measuring performance that
the Director considers appropriate.
``(B) Availability.--The Director shall make the scorecards
required under this paragraph available to Congress, other
Federal agencies, and the public through the Internet.
``(10) Funding and implementation.--
``(A) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection.
``(B) Funding options.--
``(i) In general.--To carry out this subsection, a
Federal agency may use any combination of--
``(I) appropriated funds made available under
subparagraph (A); and
``(II) private financing otherwise authorized under
Federal law, including financing available through
energy savings performance contracts or utility energy
service contracts.
``(ii) Combined funding for same measure.--A Federal
agency may use any combination of appropriated funds and
private financing described in clause (i) to carry out the
same measure under this subsection.
``(C) Implementation.--Each Federal agency may implement
the requirements under this subsection itself or may contract
out performance of some or all of the requirements.
``(11) Rule of construction.--This subsection shall not be
construed to require or to obviate any contractor savings
guarantees.''.
SEC. 433. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE STANDARDS.
(a) Standards.--Section 305(a)(3) of the Energy Conservation and
Production Act (42 U.S.C. 6834(a)(3)) is amended by adding at the end
the following new subparagraph:
``(D) Not later than 1 year after the date of enactment of the
Energy Independence and Security Act of 2007, the Secretary shall
establish, by rule, revised Federal building energy efficiency
performance standards that require that:
``(i) For new Federal buildings and Federal buildings
undergoing major renovations, with respect to which the
Administrator of General Services is required to transmit a
prospectus to Congress under section 3307 of title 40, United
States Code, in the case of public buildings (as defined in section
3301 of title 40, United States Code), or of at least $2,500,000 in
costs adjusted annually for inflation for other buildings:
``(I) The buildings shall be designed so that the fossil
fuel-generated energy consumption of the buildings is reduced,
as compared with such energy consumption by a similar building
in fiscal year 2003 (as measured by Commercial Buildings Energy
Consumption Survey or Residential Energy Consumption Survey
data from the Energy Information Agency), by the percentage
specified in the following table:
``Fiscal Year Percentage Reduction
2010....................... 55
2015....................... 65
2020....................... 80
2025....................... 90
2030....................... 100.
``(II) Upon petition by an agency subject to this
subparagraph, the Secretary may adjust the applicable numeric
requirement under subclause (I) downward with respect to a
specific building, if the head of the agency designing the
building certifies in writing that meeting such requirement
would be technically impracticable in light of the agency's
specified functional needs for that building and the Secretary
concurs with the agency's conclusion. This subclause shall not
apply to the General Services Administration.
``(III) Sustainable design principles shall be applied to
the siting, design, and construction of such buildings. Not
later than 90 days after the date of enactment of the Energy
Independence and Security Act of 2007, the Secretary, after
reviewing the findings of the Federal Director under section
436(h) of that Act, in consultation with the Administrator of
General Services, and in consultation with the Secretary of
Defense for considerations relating to those facilities under
the custody and control of the Department of Defense, shall
identify a certification system and level for green buildings
that the Secretary determines to be the most likely to
encourage a comprehensive and environmentally-sound approach to
certification of green buildings. The identification of the
certification system and level shall be based on a review of
the Federal Director's findings under section 436(h) of the
Energy Independence and Security Act of 2007 and the criteria
specified in clause (iii), shall identify the highest level the
Secretary determines is appropriate above the minimum level
required for certification under the system selected, and shall
achieve results at least comparable to the system used by and
highest level referenced by the General Services Administration
as of the date of enactment of the Energy Independence and
Security Act of 2007. Within 90 days of the completion of each
study required by clause (iv), the Secretary, in consultation
with the Administrator of General Services, and in consultation
with the Secretary of Defense for considerations relating to
those facilities under the custody and control of the
Department of Defense, shall review and update the
certification system and level, taking into account the
conclusions of such study.
``(ii) In establishing criteria for identifying major
renovations that are subject to the requirements of this
subparagraph, the Secretary shall take into account the scope,
degree, and types of renovations that are likely to provide
significant opportunities for substantial improvements in energy
efficiency.
``(iii) In identifying the green building certification system
and level, the Secretary shall take into consideration--
``(I) the ability and availability of assessors and
auditors to independently verify the criteria and measurement
of metrics at the scale necessary to implement this
subparagraph;
``(II) the ability of the applicable certification
organization to collect and reflect public comment;
``(III) the ability of the standard to be developed and
revised through a consensus-based process;
``(IV) an evaluation of the robustness of the criteria for
a high-performance green building, which shall give credit for
promoting--
``(aa) efficient and sustainable use of water, energy,
and other natural resources;
``(bb) use of renewable energy sources;
``(cc) improved indoor environmental quality through
enhanced indoor air quality, thermal comfort, acoustics,
day lighting, pollutant source control, and use of low-
emission materials and building system controls; and
``(dd) such other criteria as the Secretary determines
to be appropriate; and
``(V) national recognition within the building industry.
``(iv) At least once every 5 years, and in accordance with
section 436 of the Energy Independence and Security Act of 2007,
the Administrator of General Services shall conduct a study to
evaluate and compare available third-party green building
certification systems and levels, taking into account the criteria
listed in clause (iii).
``(v) The Secretary may by rule allow Federal agencies to
develop internal certification processes, using certified
professionals, in lieu of certification by the certification entity
identified under clause (i)(III). The Secretary shall include in
any such rule guidelines to ensure that the certification process
results in buildings meeting the applicable certification system
and level identified under clause (i)(III). An agency employing an
internal certification process must continue to obtain external
certification by the certification entity identified under clause
(i)(III) for at least 5 percent of the total number of buildings
certified annually by the agency.
``(vi) With respect to privatized military housing, the
Secretary of Defense, after consultation with the Secretary may,
through rulemaking, develop alternative criteria to those
established by subclauses (I) and (III) of clause (i) that achieve
an equivalent result in terms of energy savings, sustainable
design, and green building performance.
``(vii) In addition to any use of water conservation
technologies otherwise required by this section, water conservation
technologies shall be applied to the extent that the technologies
are life-cycle cost-effective.''.
(b) Definitions.--Section 303(6) of the Energy Conservation and
Production Act (42 U.S.C. 6832(6)) is amended by striking ``which is
not legally subject to State or local building codes or similar
requirements.'' and inserting ``. Such term shall include buildings
built for the purpose of being leased by a Federal agency, and
privatized military housing.''.
(c) Revision of Federal Acquisition Regulation.--Not later than 2
years after the date of the enactment of this Act, the Federal
Acquisition Regulation shall be revised to require Federal officers and
employees to comply with this section and the amendments made by this
section in the acquisition, construction, or major renovation of any
facility. The members of the Federal Acquisition Regulatory Council
(established under section 25 of the Office of Federal Procurement
Policy Act (41 U.S.C. 421)) shall consult with the Federal Director and
the Commercial Director before promulgating regulations to carry out
this subsection.
(d) Guidance.--Not later than 90 days after the date of
promulgation of the revised regulations under subsection (c), the
Administrator for Federal Procurement Policy shall issue guidance to
all Federal procurement executives providing direction and instructions
to renegotiate the design of proposed facilities and major renovations
for existing facilities to incorporate improvements that are consistent
with this section.
SEC. 434. MANAGEMENT OF FEDERAL BUILDING EFFICIENCY.
(a) Large Capital Energy Investments.--Section 543 of the National
Energy Conservation Policy Act (42 U.S.C. 8253) is amended by adding at
the end the following:
``(f) Large Capital Energy Investments.--
``(1) In general.--Each Federal agency shall ensure that any
large capital energy investment in an existing building that is not
a major renovation but involves replacement of installed equipment
(such as heating and cooling systems), or involves renovation,
rehabilitation, expansion, or remodeling of existing space, employs
the most energy efficient designs, systems, equipment, and controls
that are life-cycle cost effective.
``(2) Process for review of investment decisions.--Not later
than 180 days after the date of enactment of this subsection, each
Federal agency shall--
``(A) develop a process for reviewing each decision made on
a large capital energy investment described in paragraph (1) to
ensure that the requirements of this subsection are met; and
``(B) report to the Director of the Office of Management
and Budget on the process established.
``(3) Compliance report.--Not later than 1 year after the date
of enactment of this subsection, the Director of the Office of
Management and Budget shall evaluate and report to Congress on the
compliance of each agency with this subsection.''.
(b) Metering.--Section 543(e)(1) of the National Energy
Conservation Policy Act (42 U.S.C. 8253(e)(1)) is amended by inserting
after the second sentence the following: ``Not later than October 1,
2016, each agency shall provide for equivalent metering of natural gas
and steam, in accordance with guidelines established by the Secretary
under paragraph (2).''.
SEC. 435. LEASING.
(a) In General.--Except as provided in subsection (b), effective
beginning on the date that is 3 years after the date of enactment of
this Act, no Federal agency shall enter into a contract to lease space
in a building that has not earned the Energy Star label in the most
recent year.
(b) Exception.--
(1) Application.--This subsection applies if--
(A) no space is available in a building described in
subsection (a) that meets the functional requirements of an
agency, including locational needs;
(B) the agency proposes to remain in a building that the
agency has occupied previously;
(C) the agency proposes to lease a building of historical,
architectural, or cultural significance (as defined in section
3306(a)(4) of title 40, United States Code) or space in such a
building; or
(D) the lease is for not more than 10,000 gross square feet
of space.
(2) Buildings without energy star label.--If one of the
conditions described in paragraph (2) is met, the agency may enter
into a contract to lease space in a building that has not earned
the Energy Star label in the most recent year if the lease contract
includes provisions requiring that, prior to occupancy or, in the
case of a contract described in paragraph (1)(B), not later than 1
year after signing the contract, the space will be renovated for
all energy efficiency and conservation improvements that would be
cost effective over the life of the lease, including improvements
in lighting, windows, and heating, ventilation, and air
conditioning systems.
(c) Revision of Federal Acquisition Regulation.--
(1) In general.--Not later than 3 years after the date of the
enactment of this Act, the Federal Acquisition Regulation described
in section 6(a) of the Office of Federal Procurement Policy Act (41
U.S.C. 405(a)) shall be revised to require Federal officers and
employees to comply with this section in leasing buildings.
(2) Consultation.--The members of the Federal Acquisition
Regulatory Council established under section 25 of the Office of
Federal Procurement Policy Act (41 U.S.C. 421) shall consult with
the Federal Director and the Commercial Director before
promulgating regulations to carry out this subsection.
SEC. 436. HIGH-PERFORMANCE GREEN FEDERAL BUILDINGS.
(a) Establishment of Office.--Not later than 60 days after the date
of enactment of this Act, the Administrator shall establish within the
General Services Administration an Office of Federal High-Performance
Green Buildings, and appoint an individual to serve as Federal Director
in, a position in the career-reserved Senior Executive service, to--
(1) establish and manage the Office of Federal High-Performance
Green Buildings; and
(2) carry out other duties as required under this subtitle.
(b) Compensation.--The compensation of the Federal Director shall
not exceed the maximum rate of basic pay for the Senior Executive
Service under section 5382 of title 5, United States Code, including
any applicable locality-based comparability payment that may be
authorized under section 5304(h)(2)(C) of that title.
(c) Duties.--The Federal Director shall--
(1) coordinate the activities of the Office of Federal High-
Performance Green Buildings with the activities of the Office of
Commercial High-Performance Green Buildings, and the Secretary, in
accordance with section 305(a)(3)(D) of the Energy Conservation and
Production Act (42 U.S.C. 6834(a)(3)(D));
(2) ensure full coordination of high-performance green building
information and activities within the General Services
Administration and all relevant agencies, including, at a minimum--
(A) the Environmental Protection Agency;
(B) the Office of the Federal Environmental Executive;
(C) the Office of Federal Procurement Policy;
(D) the Department of Energy;
(E) the Department of Health and Human Services;
(F) the Department of Defense;
(G) the Department of Transportation;
(H) the National Institute of Standards and Technology; and
(I) the Office of Science and Technology Policy;
(3) establish a senior-level Federal Green Building Advisory
Committee under section 474, which shall provide advice and
recommendations in accordance with that section and subsection (d);
(4) identify and every 5 years reassess improved or higher
rating standards recommended by the Advisory Committee;
(5) ensure full coordination, dissemination of information
regarding, and promotion of the results of research and development
information relating to Federal high-performance green building
initiatives;
(6) identify and develop Federal high-performance green
building standards for all types of Federal facilities, consistent
with the requirements of this subtitle and section 305(a)(3)(D) of
the Energy Conservation and Production Act (42 U.S.C.
6834(a)(3)(D));
(7) establish green practices that can be used throughout the
life of a Federal facility;
(8) review and analyze current Federal budget practices and
life-cycle costing issues, and make recommendations to Congress, in
accordance with subsection (d); and
(9) identify opportunities to demonstrate innovative and
emerging green building technologies and concepts.
(d) Additional Duties.--The Federal Director, in consultation with
the Commercial Director and the Advisory Committee, and consistent with
the requirements of section 305(a)(3)(D) of the Energy Conservation and
Production Act (42 U.S.C. 6834(a)(3)(D)) shall--
(1) identify, review, and analyze current budget and
contracting practices that affect achievement of high-performance
green buildings, including the identification of barriers to high-
performance green building life-cycle costing and budgetary issues;
(2) develop guidance and conduct training sessions with budget
specialists and contracting personnel from Federal agencies and
budget examiners to apply life-cycle cost criteria to actual
projects;
(3) identify tools to aid life-cycle cost decisionmaking; and
(4) explore the feasibility of incorporating the benefits of
high-performance green buildings, such as security benefits, into a
cost-budget analysis to aid in life-cycle costing for budget and
decisionmaking processes.
(e) Incentives.--Within 90 days after the date of enactment of this
Act, the Federal Director shall identify incentives to encourage the
expedited use of high-performance green buildings and related
technology in the operations of the Federal Government, in accordance
with the requirements of section 305(a)(3)(D) of the Energy
Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)), including
through--
(1) the provision of recognition awards; and
(2) the maximum feasible retention of financial savings in the
annual budgets of Federal agencies for use in reinvesting in future
high-performance green building initiatives.
(f) Report.--Not later than 2 years after the date of enactment of
this Act, and biennially thereafter, the Federal Director, in
consultation with the Secretary, shall submit to Congress a report
that--
(1) describes the status of compliance with this subtitle, the
requirements of section 305(a)(3)(D) of the Energy Conservation and
Production Act (42 U.S.C. 6834(a)(3)(D)), and other Federal high-
performance green building initiatives in effect as of the date of
the report, including--
(A) the extent to which the programs are being carried out
in accordance with this subtitle and the requirements of
section 305(a)(3)(D) of that Act; and
(B) the status of funding requests and appropriations for
those programs;
(2) identifies within the planning, budgeting, and construction
process all types of Federal facility procedures that may affect
the certification of new and existing Federal facilities as high-
performance green buildings under the provisions of section
305(a)(3)(D) of that Act and the criteria established in subsection
(h);
(3) identifies inconsistencies, as reported to the Advisory
Committee, in Federal law with respect to product acquisition
guidelines and high-performance product guidelines;
(4) recommends language for uniform standards for use by
Federal agencies in environmentally responsible acquisition;
(5) in coordination with the Office of Management and Budget,
reviews the budget process for capital programs with respect to
alternatives for--
(A) restructuring of budgets to require the use of complete
energy and environmental cost accounting;
(B) using operations expenditures in budget-related
decisions while simultaneously incorporating productivity and
health measures (as those measures can be quantified by the
Office of Federal High-Performance Green Buildings, with the
assistance of universities and national laboratories);
(C) streamlining measures for permitting Federal agencies
to retain all identified savings accrued as a result of the use
of life-cycle costing for future high-performance green
building initiatives; and
(D) identifying short-term and long-term cost savings that
accrue from high-performance green buildings, including those
relating to health and productivity;
(6) identifies green, self-sustaining technologies to address
the operational needs of Federal facilities in times of national
security emergencies, natural disasters, or other dire emergencies;
(7) summarizes and highlights development, at the State and
local level, of high-performance green building initiatives,
including executive orders, policies, or laws adopted promoting
high-performance green building (including the status of
implementation of those initiatives); and
(8) includes, for the 2-year period covered by the report,
recommendations to address each of the matters, and a plan for
implementation of each recommendation, described in paragraphs (1)
through (7).
(g) Implementation.--The Office of Federal High-Performance Green
Buildings shall carry out each plan for implementation of
recommendations under subsection (f)(8).
(h) Identification of Certification System.--
(1) In general.--For the purpose of this section, not later
than 60 days after the date of enactment of this Act, the Federal
Director shall identify and shall provide to the Secretary pursuant
to section 305(a)(3)(D) of the Energy Conservation and Production
Act (42 U.S.C. 6834(a)(3)(D)), a certification system that the
Director determines to be the most likely to encourage a
comprehensive and environmentally-sound approach to certification
of green buildings.
(2) Basis.--The system identified under paragraph (1) shall be
based on--
(A) a study completed every 5 years and provided to the
Secretary pursuant to section 305(a)(3)(D) of that Act, which
shall be carried out by the Federal Director to compare and
evaluate standards;
(B) the ability and availability of assessors and auditors
to independently verify the criteria and measurement of metrics
at the scale necessary to implement this subtitle;
(C) the ability of the applicable standard-setting
organization to collect and reflect public comment;
(D) the ability of the standard to be developed and revised
through a consensus-based process;
(E) an evaluation of the robustness of the criteria for a
high-performance green building, which shall give credit for
promoting--
(i) efficient and sustainable use of water, energy, and
other natural resources;
(ii) use of renewable energy sources;
(iii) improved indoor environmental quality through
enhanced indoor air quality, thermal comfort, acoustics,
day lighting, pollutant source control, and use of low-
emission materials and building system controls;
(iv) reduced impacts from transportation through
building location and site design that promote access by
public transportation; and
(v) such other criteria as the Federal Director
determines to be appropriate; and
(F) national recognition within the building industry.
SEC. 437. FEDERAL GREEN BUILDING PERFORMANCE.
(a) In General.--Not later than October 31 of each of the 2 fiscal
years following the fiscal year in which this Act is enacted, and at
such times thereafter as the Comptroller General of the United States
determines to be appropriate, the Comptroller General of the United
States shall, with respect to the fiscal years that have passed since
the preceding report--
(1) conduct an audit of the implementation of this subtitle,
section 305(a)(3)(D) of the Energy Conservation and Production Act
(42 U.S.C. 6834(a)(3)(D)), and section 435; and
(2) submit to the Federal Director, the Advisory Committee, the
Administrator, and Congress a report describing the results of the
audit.
(b) Contents.--An audit under subsection (a) shall include a
review, with respect to the period covered by the report under
subsection (a)(2), of--
(1) budget, life-cycle costing, and contracting issues, using
best practices identified by the Comptroller General of the United
States and heads of other agencies in accordance with section
436(d);
(2) the level of coordination among the Federal Director, the
Office of Management and Budget, the Department of Energy, and
relevant agencies;
(3) the performance of the Federal Director and other agencies
in carrying out the implementation plan;
(4) the design stage of high-performance green building
measures;
(5) high-performance building data that were collected and
reported to the Office; and
(6) such other matters as the Comptroller General of the United
States determines to be appropriate.
(c) Environmental Stewardship Scorecard.--The Federal Director
shall consult with the Advisory Committee to enhance, and assist in the
implementation of, the Office of Management and Budget government
efficiency reports and scorecards under section 528 and the
Environmental Stewardship Scorecard announced at the White House summit
on Federal sustainable buildings in January 2006, to measure the
implementation by each Federal agency of sustainable design and green
building initiatives.
SEC. 438. STORM WATER RUNOFF REQUIREMENTS FOR FEDERAL DEVELOPMENT
PROJECTS.
The sponsor of any development or redevelopment project involving a
Federal facility with a footprint that exceeds 5,000 square feet shall
use site planning, design, construction, and maintenance strategies for
the property to maintain or restore, to the maximum extent technically
feasible, the predevelopment hydrology of the property with regard to
the temperature, rate, volume, and duration of flow.
SEC. 439. COST-EFFECTIVE TECHNOLOGY ACCELERATION PROGRAM.
(a) Definition of Administrator.--In this section, the term
``Administrator'' means the Administrator of General Services.
(b) Establishment.--
(1) In general.--The Administrator shall establish a program to
accelerate the use of more cost-effective technologies and
practices at GSA facilities.
(2) Requirements.--The program established under this
subsection shall--
(A) ensure centralized responsibility for the coordination
of cost reduction-related recommendations, practices, and
activities of all relevant Federal agencies;
(B) provide technical assistance and operational guidance
to applicable tenants to achieve the goal identified in
subsection (c)(2)(B)(ii);
(C) establish methods to track the success of Federal
departments and agencies with respect to that goal; and
(D) be fully coordinated with and no less stringent nor
less energy-conserving or water-conserving than required by
other provisions of this Act and other applicable law,
including sections 321 through 324, 431 through 438, 461, 511
through 518, and 523 through 525 and amendments made by those
sections.
(c) Accelerated Use of Technologies.--
(1) Review.--
(A) In general.--As part of the program under this section,
not later than 90 days after the date of enactment of this Act,
the Administrator shall conduct a review of--
(i) current use of cost-effective lighting technologies
and geothermal heat pumps in GSA facilities; and
(ii) the availability to managers of GSA facilities of
cost-effective lighting technologies and geothermal heat
pumps.
(B) Requirements.--The review under subparagraph (A)
shall--
(i) examine the use of cost-effective lighting
technologies, geothermal heat pumps, and other cost-
effective technologies and practices by Federal agencies in
GSA facilities; and
(ii) as prepared in consultation with the Administrator
of the Environmental Protection Agency, identify cost-
effective lighting technology and geothermal heat pump
technology standards that could be used for all types of
GSA facilities.
(2) Replacement.--
(A) In general.--As part of the program under this section,
not later than 180 days after the date of enactment of this
Act, the Administrator shall establish, using available
appropriations and programs implementing sections 432 and 525
(and amendments made by those sections), a cost-effective
lighting technology and geothermal heat pump technology
acceleration program to achieve maximum feasible replacement of
existing lighting, heating, cooling technologies with cost-
effective lighting technologies and geothermal heat pump
technologies in each GSA facility. Such program shall fully
comply with the requirements of sections 321 through 324, 431
through 438, 461, 511 through 518, and 523 through 525 and
amendments made by those sections and any other provisions of
law, which shall be applicable to the extent that they are more
stringent or would achieve greater energy savings than required
by this section.
(B) Acceleration plan timetable.--
(i) In general.--To implement the program established
under subparagraph (A), not later than 1 year after the
date of enactment of this Act, the Administrator shall
establish a timetable of actions to comply with the
requirements of this section and sections 431 through 435,
whichever achieves greater energy savings most
expeditiously, including milestones for specific activities
needed to replace existing lighting, heating, cooling
technologies with cost-effective lighting technologies and
geothermal heat pump technologies, to the maximum extent
feasible (including at the maximum rate feasible), at each
GSA facility.
(ii) Goal.--The goal of the timetable under clause (i)
shall be to complete, using available appropriations and
programs implementing sections 431 through 435 (and
amendments made by those sections), maximum feasible
replacement of existing lighting, heating, and cooling
technologies with cost-effective lighting technologies and
geothermal heat pump technologies consistent with the
requirements of this section and sections 431 through 435,
whichever achieves greater energy savings most
expeditiously. Notwithstanding any provision of this
section, such program shall fully comply with the
requirements of the Act including sections 321 through 324,
431 through 438, 461, 511 through 518, and 523 through 525
and amendments made by those sections and other provisions
of law, which shall be applicable to the extent that they
are more stringent or would achieve greater energy or water
savings than required by this section.
(d) GSA Facility Technologies and Practices.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the Administrator
shall--
(A) ensure that a manager responsible for implementing
section 432 and for accelerating the use of cost-effective
technologies and practices is designated for each GSA facility;
and
(B) submit to Congress a plan to comply with section 432,
this section, and other applicable provisions of this Act and
applicable law with respect to energy and water conservation at
GSA facilities.
(2) Measures.--The plan shall implement measures required by
such other provisions of law in accordance with those provisions,
and shall implement the measures required by this section to the
maximum extent feasible (including at the maximum rate feasible)
using available appropriations and programs implementing sections
431 through 435 and 525 (and amendments made by those sections), by
not later than the date that is 5 years after the date of enactment
of this Act.
(3) Contents of plan.--The plan shall--
(A) with respect to cost-effective technologies and
practices--
(i) identify the specific activities needed to comply
with sections 431 through 435;
(ii) identify the specific activities needed to achieve
at least a 20-percent reduction in operational costs
through the application of cost-effective technologies and
practices from 2003 levels at GSA facilities by not later
than 5 years after the date of enactment of this Act;
(iii) describe activities required and carried out to
estimate the funds necessary to achieve the reduction
described in clauses (i) and (ii);
(B) include an estimate of the funds necessary to carry out
this section;
(C) describe the status of the implementation of cost-
effective technologies and practices at GSA facilities,
including--
(i) the extent to which programs, including the program
established under subsection (b), are being carried out in
accordance with this subtitle; and
(ii) the status of funding requests and appropriations
for those programs;
(D) identify within the planning, budgeting, and
construction processes, all types of GSA facility-related
procedures that inhibit new and existing GSA facilities from
implementing cost-effective technologies;
(E) recommend language for uniform standards for use by
Federal agencies in implementing cost-effective technologies
and practices;
(F) in coordination with the Office of Management and
Budget, review the budget process for capital programs with
respect to alternatives for--
(i) implementing measures that will assure that Federal
agencies retain all identified savings accrued as a result
of the use of cost-effective technologies, consistent with
section 543(a)(1) of the National Energy Conservation
Policy Act (42 U.S.C. 8253(a)(1), and other applicable law;
and
(ii) identifying short- and long-term cost savings that
accrue from the use of cost-effective technologies and
practices;
(G) with respect to cost-effective technologies and
practices, achieve substantial operational cost savings through
the application of the technologies; and
(H) include recommendations to address each of the matters,
and a plan for implementation of each recommendation, described
in subparagraphs (A) through (G).
(4) Administration.--Notwithstanding any provision of this
section, the program required under this section shall fully comply
with the requirements of sections 321 through 324, 431 through 438,
461, 511 through 518, and 523 through 525 and amendments made by
those sections, which shall be applicable to the extent that they
are more stringent or would achieve greater energy or water savings
than required by this section.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section, to
remain available until expended.
SEC. 440. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out sections 434
through 439 and 482 $4,000,000 for each of fiscal years 2008 through
2012, to remain available until expended.
SEC. 441. PUBLIC BUILDING LIFE-CYCLE COSTS.
Section 544(a)(1) of the National Energy Conservation Policy Act
(42 U.S.C. 8254(a)(1)) is amended by striking ``25'' and inserting
``40''.
Subtitle D--Industrial Energy Efficiency
SEC. 451. INDUSTRIAL ENERGY EFFICIENCY.
(a) In General.--Title III of the Energy Policy and Conservation
Act (42 U.S.C. 6291 et seq.) is amended by inserting after part D the
following:
``PART E--INDUSTRIAL ENERGY EFFICIENCY
``SEC. 371. DEFINITIONS.
``In this part:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Combined heat and power.--The term `combined heat and
power system' means a facility that--
``(A) simultaneously and efficiently produces useful
thermal energy and electricity; and
``(B) recovers not less than 60 percent of the energy value
in the fuel (on a higher-heating-value basis) in the form of
useful thermal energy and electricity.
``(3) Net excess power.--The term `net excess power' means, for
any facility, recoverable waste energy recovered in the form of
electricity in quantities exceeding the total consumption of
electricity at the specific time of generation on the site at which
the facility is located.
``(4) Project.--The term `project' means a recoverable waste
energy project or a combined heat and power system project.
``(5) Recoverable waste energy.--The term `recoverable waste
energy' means waste energy from which electricity or useful thermal
energy may be recovered through modification of an existing
facility or addition of a new facility.
``(6) Registry.--The term `Registry' means the Registry of
Recoverable Waste Energy Sources established under section 372(d).
``(7) Useful thermal energy.--The term `useful thermal energy'
means energy--
``(A) in the form of direct heat, steam, hot water, or
other thermal form that is used in production and beneficial
measures for heating, cooling, humidity control, process use,
or other valid thermal end-use energy requirements; and
``(B) for which fuel or electricity would otherwise be
consumed.
``(8) Waste energy.--The term `waste energy' means--
``(A) exhaust heat or flared gas from any industrial
process;
``(B) waste gas or industrial tail gas that would otherwise
be flared, incinerated, or vented;
``(C) a pressure drop in any gas, excluding any pressure
drop to a condenser that subsequently vents the resulting heat;
and
``(D) such other forms of waste energy as the Administrator
may determine.
``(9) Other terms.--The terms `electric utility', `nonregulated
electric utility', `State regulated electric utility', and other
terms have the meanings given those terms in title I of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2611 et seq.).
``SEC. 372. SURVEY AND REGISTRY.
``(a) Recoverable Waste Energy Inventory Program.--
``(1) In general.--The Administrator, in cooperation with the
Secretary and State energy offices, shall establish a recoverable
waste energy inventory program.
``(2) Survey.--The program shall include--
``(A) an ongoing survey of all major industrial and large
commercial combustion sources in the United States (as defined
by the Administrator) and the sites at which the sources are
located; and
``(B) a review of each source for the quantity and quality
of waste energy produced at the source.
``(b) Criteria.--
``(1) In general.--Not later than 270 days after the date of
enactment of the Energy Independence and Security Act of 2007, the
Administrator shall publish a rule for establishing criteria for
including sites in the Registry.
``(2) Inclusions.--The criteria shall include--
``(A) a requirement that, to be included in the Registry, a
project at the site shall be determined to be economically
feasible by virtue of offering a payback of invested costs not
later than 5 years after the date of first full project
operation (including incentives offered under this part);
``(B) standards to ensure that projects proposed for
inclusion in the Registry are not developed or used for the
primary purpose of making sales of excess electric power under
the regulatory provisions of this part; and
``(C) procedures for contesting the listing of any source
or site on the Registry by any State, utility, or other
interested person.
``(c) Technical Support.--On the request of the owner or operator
of a source or site included in the Registry, the Secretary shall--
``(1) provide to owners or operators of combustion sources
technical support; and
``(2) offer partial funding (in an amount equal to not more
than one-half of total costs) for feasibility studies to confirm
whether or not investment in recovery of waste energy or combined
heat and power at a source would offer a payback period of 5 years
or less.
``(d) Registry.--
``(1) Establishment.--
``(A) In general.--Not later than 1 year after the date of
enactment of the Energy Independence and Security Act of 2007,
the Administrator shall establish a Registry of Recoverable
Waste Energy Sources, and sites on which the sources are
located, that meet the criteria established under subsection
(b).
``(B) Updates; availability.--The Administrator shall--
``(i) update the Registry on a regular basis; and
``(ii) make the Registry available to the public on the
website of the Environmental Protection Agency.
``(C) Contesting listing.--Any State, electric utility, or
other interested person may contest the listing of any source
or site by submitting a petition to the Administrator.
``(2) Contents.--
``(A) In general.--The Administrator shall register and
include on the Registry all sites meeting the criteria
established under subsection (b).
``(B) Quantity of recoverable waste energy.--The
Administrator shall--
``(i) calculate the total quantities of potentially
recoverable waste energy from sources at the sites,
nationally and by State; and
``(ii) make public--
``(I) the total quantities described in clause (i);
and
``(II) information on the criteria pollutant and
greenhouse gas emissions savings that might be achieved
with recovery of the waste energy from all sources and
sites listed on the Registry.
``(3) Availability of information.--
``(A) In general.--The Administrator shall notify owners or
operators of recoverable waste energy sources and sites listed
on the Registry prior to publishing the listing.
``(B) Detailed quantitative information.--
``(i) In general.--Except as provided in clause (ii),
the owner or operator of a source at a site may elect to
have detailed quantitative information concerning the site
not made public by notifying the Administrator of the
election.
``(ii) Limited availability.--The information shall be
made available to--
``(I) the applicable State energy office; and
``(II) any utility requested to support recovery of
waste energy from the source pursuant to the incentives
provided under section 374.
``(iii) State totals.--Information concerning the site
shall be included in the total quantity of recoverable
waste energy for a State unless there are fewer than 3
sites in the State.
``(4) Removal of projects from registry.--
``(A) In general.--Subject to subparagraph (B), as a
project achieves successful recovery of waste energy, the
Administrator shall--
``(i) remove the related sites or sources from the
Registry; and
``(ii) designate the removed projects as eligible for
incentives under section 374.
``(B) Limitation.--No project shall be removed from the
Registry without the consent of the owner or operator of the
project if--
``(i) the owner or operator has submitted a petition
under section 374; and
``(ii) the petition has not been acted on or denied.
``(5) Ineligibility of certain sources.--The Administrator
shall not list any source constructed after the date of the
enactment of the Energy Independence and Security Act of 2007 on
the Registry if the Administrator determines that the source--
``(A) was developed for the primary purpose of making sales
of excess electric power under the regulatory provisions of
this part; or
``(B) does not capture at least 60 percent of the total
energy value of the fuels used (on a higher-heating-value
basis) in the form of useful thermal energy, electricity,
mechanical energy, chemical output, or any combination thereof.
``(e) Self-Certification.--
``(1) In general.--Subject to any procedures that are
established by the Administrator, an owner, operator, or third-
party developer of a recoverable waste energy project that
qualifies under standards established by the Administrator may
self-certify the sites or sources of the owner, operator, or
developer to the Administrator for inclusion in the Registry.
``(2) Review and approval.--To prevent a fraudulent listing, a
site or source shall be included on the Registry only if the
Administrator reviews and approves the self-certification.
``(f) New Facilities.--As a new energy-consuming industrial
facility is developed after the date of enactment of the Energy
Independence and Security Act of 2007, to the extent the facility may
constitute a site with recoverable waste energy that may qualify for
inclusion on the Registry, the Administrator may elect to include the
facility on the Registry, at the request of the owner, operator, or
developer of the facility, on a conditional basis with the site to be
removed from the Registry if the development ceases or the site fails
to qualify for listing under this part.
``(g) Optimum Means of Recovery.--For each site listed in the
Registry, at the request of the owner or operator of the site, the
Administrator shall offer, in cooperation with Clean Energy Application
Centers operated by the Secretary of Energy, suggestions for optimum
means of recovery of value from waste energy stream in the form of
electricity, useful thermal energy, or other energy-related products.
``(h) Revision.--Each annual report of a State under section 548(a)
of the National Energy Conservation Policy Act (42 U.S.C. 8258(a))
shall include the results of the survey for the State under this
section.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to--
``(1) the Administrator to create and maintain the Registry and
services authorized by this section, $1,000,000 for each of fiscal
years 2008 through 2012; and
``(2) the Secretary--
``(A) to assist site or source owners and operators in
determining the feasibility of projects authorized by this
section, $2,000,000 for each of fiscal years 2008 through 2012;
and
``(B) to provide funding for State energy office functions
under this section, $5,000,000.
``SEC. 373. WASTE ENERGY RECOVERY INCENTIVE GRANT PROGRAM.
``(a) Establishment.--The Secretary shall establish in the
Department of Energy a waste energy recovery incentive grant program to
provide incentive grants to--
``(1) owners and operators of projects that successfully
produce electricity or incremental useful thermal energy from waste
energy recovery;
``(2) utilities purchasing or distributing the electricity; and
``(3) States that have achieved 80 percent or more of
recoverable waste heat recovery opportunities.
``(b) Grants to Projects and Utilities.--
``(1) In general.--The Secretary shall make grants under this
section--
``(A) to the owners or operators of waste energy recovery
projects; and
``(B) in the case of excess power purchased or transmitted
by a electric utility, to the utility.
``(2) Proof.--Grants may only be made under this section on
receipt of proof of waste energy recovery or excess electricity
generation, or both, from the project in a form prescribed by the
Secretary.
``(3) Excess electric energy.--
``(A) In general.--In the case of waste energy recovery, a
grant under this section shall be made at the rate of $10 per
megawatt hour of documented electricity produced from
recoverable waste energy (or by prevention of waste energy in
the case of a new facility) by the project during the first 3
calendar years of production, beginning on or after the date of
enactment of the Energy Independence and Security Act of 2007.
``(B) Utilities.--If the project produces net excess power
and an electric utility purchases or transmits the excess
power, 50 percent of so much of the grant as is attributable to
the net excess power shall be paid to the electric utility
purchasing or transporting the net excess power.
``(4) Useful thermal energy.--In the case of waste energy
recovery that produces useful thermal energy that is used for a
purpose different from that for which the project is principally
designed, a grant under this section shall be made to the owner or
operator of the waste energy recovery project at the rate of $10
for each 3,412,000 Btus of the excess thermal energy used for the
different purpose.
``(c) Grants to States.--In the case of any State that has achieved
80 percent or more of waste heat recovery opportunities identified by
the Secretary under this part, the Administrator shall make a 1-time
grant to the State in an amount of not more than $1,000 per megawatt of
waste-heat capacity recovered (or a thermal equivalent) to support
State-level programs to identify and achieve additional energy
efficiency.
``(d) Eligibility.--The Secretary shall--
``(1) establish rules and guidelines to establish eligibility
for grants under subsection (b);
``(2) publicize the availability of the grant program known to
owners or operators of recoverable waste energy sources and sites
listed on the Registry; and
``(3) award grants under the program on the basis of the merits
of each project in recovering or preventing waste energy throughout
the United States on an impartial, objective, and not unduly
discriminatory basis.
``(e) Limitation.--The Secretary shall not award grants to any
person for a combined heat and power project or a waste heat recovery
project that qualifies for specific Federal tax incentives for combined
heat and power or for waste heat recovery.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary--
``(1) to make grants to projects and utilities under subsection
(b)--
``(A) $100,000,000 for fiscal year 2008 and $200,000,000
for each of fiscal years 2009 through 2012; and
``(B) such additional amounts for fiscal year 2008 and each
fiscal year thereafter as may be necessary for administration
of the waste energy recovery incentive grant program; and
``(2) to make grants to States under subsection (b),
$10,000,000 for each of fiscal years 2008 through 2012, to remain
available until expended.
``SEC. 374. ADDITIONAL INCENTIVES FOR RECOVERY, USE, AND PREVENTION OF
INDUSTRIAL WASTE ENERGY.
``(a) Consideration of Standard.--
``(1) In general.--Not later than 180 days after the receipt by
a State regulatory authority (with respect to each electric utility
for which the authority has ratemaking authority), or nonregulated
electric utility, of a request from a project sponsor or owner or
operator, the State regulatory authority or nonregulated electric
utility shall--
``(A) provide public notice and conduct a hearing
respecting the standard established by subsection (b); and
``(B) on the basis of the hearing, consider and make a
determination whether or not it is appropriate to implement the
standard to carry out the purposes of this part.
``(2) Relationship to state law.--For purposes of any
determination under paragraph (1) and any review of the
determination in any court, the purposes of this section supplement
otherwise applicable State law.
``(3) Nonadoption of standard.--Nothing in this part prohibits
any State regulatory authority or nonregulated electric utility
from making any determination that it is not appropriate to adopt
any standard described in paragraph (1), pursuant to authority
under otherwise applicable State law.
``(b) Standard for Sales of Excess Power.--For purposes of this
section, the standard referred to in subsection (a) shall provide that
an owner or operator of a waste energy recovery project identified on
the Registry that generates net excess power shall be eligible to
benefit from at least 1 of the options described in subsection (c) for
disposal of the net excess power in accordance with the rate conditions
and limitations described in subsection (d).
``(c) Options.--The options referred to in subsection (b) are as
follows:
``(1) Sale of net excess power to utility.--The electric
utility shall purchase the net excess power from the owner or
operator of the eligible waste energy recovery project during the
operation of the project under a contract entered into for that
purpose.
``(2) Transport by utility for direct sale to third party.--The
electric utility shall transmit the net excess power on behalf of
the project owner or operator to up to 3 separate locations on the
system of the utility for direct sale by the owner or operator to
third parties at those locations.
``(3) Transport over private transmission lines.--The State and
the electric utility shall permit, and shall waive or modify such
laws as would otherwise prohibit, the construction and operation of
private electric wires constructed, owned, and operated by the
project owner or operator, to transport the power to up to 3
purchasers within a 3-mile radius of the project, allowing the
wires to use or cross public rights-of-way, without subjecting the
project to regulation as a public utility, and according the wires
the same treatment for safety, zoning, land use, and other legal
privileges as apply or would apply to the wires of the utility,
except that--
``(A) there shall be no grant of any power of eminent
domain to take or cross private property for the wires; and
``(B) the wires shall be physically segregated and not
interconnected with any portion of the system of the utility,
except on the customer side of the revenue meter of the utility
and in a manner that precludes any possible export of the
electricity onto the utility system, or disruption of the
system.
``(4) Agreed on alternatives.--The utility and the owner or
operator of the project may reach agreement on any alternate
arrangement and payments or rates associated with the arrangement
that is mutually satisfactory and in accord with State law.
``(d) Rate Conditions and Criteria.--
``(1) Definitions.--In this subsection:
``(A) Per unit distribution costs.--The term `per unit
distribution costs' means (in kilowatt hours) the quotient
obtained by dividing--
``(i) the depreciated book-value distribution system
costs of a utility; by
``(ii) the volume of utility electricity sales or
transmission during the previous year at the distribution
level.
``(B) Per unit distribution margin.--The term `per unit
distribution margin' means--
``(i) in the case of a State-regulated electric
utility, a per-unit gross pretax profit equal to the
product obtained by multiplying--
``(I) the State-approved percentage rate of return
for the utility for distribution system assets; by
``(II) the per unit distribution costs; and
``(ii) in the case of a nonregulated utility, a per
unit contribution to net revenues determined multiplying--
``(I) the percentage (but not less than 10 percent)
obtained by dividing--
``(aa) the amount of any net revenue payment or
contribution to the owners or subscribers of the
nonregulated utility during the prior year; by
``(bb) the gross revenues of the utility during
the prior year to obtain a percentage; by
``(II) the per unit distribution costs.
``(C) Per unit transmission costs.--The term `per unit
transmission costs' means the total cost of those transmission
services purchased or provided by a utility on a per-kilowatt-
hour basis as included in the retail rate of the utility.
``(2) Options.--The options described in paragraphs (1) and (2)
in subsection (c) shall be offered under purchase and transport
rate conditions that reflect the rate components defined under
paragraph (1) as applicable under the circumstances described in
paragraph (3).
``(3) Applicable rates.--
``(A) Rates applicable to sale of net excess power.--
``(i) In general.--Sales made by a project owner or
operator of a facility under the option described in
subsection (c)(1) shall be paid for on a per kilowatt hour
basis that shall equal the full undiscounted retail rate
paid to the utility for power purchased by the facility
minus per unit distribution costs, that applies to the type
of utility purchasing the power.
``(ii) Voltages exceeding 25 kilovolts.--If the net
excess power is made available for purchase at voltages
that must be transformed to or from voltages exceeding 25
kilovolts to be available for resale by the utility, the
purchase price shall further be reduced by per unit
transmission costs.
``(B) Rates applicable to transport by utility for direct
sale to third parties.--
``(i) In general.--Transportation by utilities of power
on behalf of the owner or operator of a project under the
option described in subsection (c)(2) shall incur a
transportation rate that shall equal the per unit
distribution costs and per unit distribution margin, that
applies to the type of utility transporting the power.
``(ii) Voltages exceeding 25 kilovolts.--If the net
excess power is made available for transportation at
voltages that must be transformed to or from voltages
exceeding 25 kilovolts to be transported to the designated
third-party purchasers, the transport rate shall further be
increased by per unit transmission costs.
``(iii) States with competitive retail markets for
electricity.--In a State with a competitive retail market
for electricity, the applicable transportation rate for
similar transportation shall be applied in lieu of any rate
calculated under this paragraph.
``(4) Limitations.--
``(A) In general.--Any rate established for sale or
transportation under this section shall--
``(i) be modified over time with changes in the
underlying costs or rates of the electric utility; and
``(ii) reflect the same time-sensitivity and billing
periods as are established in the retail sales or
transportation rates offered by the utility.
``(B) Limitation.--No utility shall be required to purchase
or transport a quantity of net excess power under this section
that exceeds the available capacity of the wires, meter, or
other equipment of the electric utility serving the site unless
the owner or operator of the project agrees to pay necessary
and reasonable upgrade costs.
``(e) Procedural Requirements for Consideration and
Determination.--
``(1) Public notice and hearing.--
``(A) In general.--The consideration referred to in
subsection (a) shall be made after public notice and hearing.
``(B) Administration.--The determination referred to in
subsection (a) shall be--
``(i) in writing;
``(ii) based on findings included in the determination
and on the evidence presented at the hearing; and
``(iii) available to the public.
``(2) Intervention by administrator.--The Administrator may
intervene as a matter of right in a proceeding conducted under this
section--
``(A) to calculate--
``(i) the energy and emissions likely to be saved by
electing to adopt 1 or more of the options; and
``(ii) the costs and benefits to ratepayers and the
utility; and
``(B) to advocate for the waste-energy recovery
opportunity.
``(3) Procedures.--
``(A) In general.--Except as otherwise provided in
paragraphs (1) and (2), the procedures for the consideration
and determination referred to in subsection (a) shall be the
procedures established by the State regulatory authority or the
nonregulated electric utility.
``(B) Multiple projects.--If there is more than 1 project
seeking consideration simultaneously in connection with the
same utility, the proceeding may encompass all such projects,
if full attention is paid to individual circumstances and
merits and an individual judgment is reached with respect to
each project.
``(f) Implementation.--
``(1) In general.--The State regulatory authority (with respect
to each electric utility for which the authority has ratemaking
authority) or nonregulated electric utility may, to the extent
consistent with otherwise applicable State law--
``(A) implement the standard determined under this section;
or
``(B) decline to implement any such standard.
``(2) Nonimplementation of standard.--
``(A) In general.--If a State regulatory authority (with
respect to each electric utility for which the authority has
ratemaking authority) or nonregulated electric utility declines
to implement any standard established by this section, the
authority or nonregulated electric utility shall state in
writing the reasons for declining to implement the standard.
``(B) Availability to public.--The statement of reasons
shall be available to the public.
``(C) Annual report.--The Administrator shall include in an
annual report submitted to Congress a description of the lost
opportunities for waste-heat recovery from the project
described in subparagraph (A), specifically identifying the
utility and stating the quantity of lost energy and emissions
savings calculated.
``(D) New petition.--If a State regulatory authority (with
respect to each electric utility for which the authority has
ratemaking authority) or nonregulated electric utility declines
to implement the standard established by this section, the
project sponsor may submit a new petition under this section
with respect to the project at any time after the date that is
2 years after the date on which the State regulatory authority
or nonregulated utility declined to implement the standard.
``SEC. 375. CLEAN ENERGY APPLICATION CENTERS.
``(a) Renaming.--
``(1) In general.--The Combined Heat and Power Application
Centers of the Department of Energy are redesignated as Clean
Energy Application Centers.
``(2) References.--Any reference in any law, rule, regulation,
or publication to a Combined Heat and Power Application Center
shall be treated as a reference to a Clean Energy Application
Center.
``(b) Relocation.--
``(1) In general.--In order to better coordinate efforts with
the separate Industrial Assessment Centers and to ensure that the
energy efficiency and, when applicable, the renewable nature of
deploying mature clean energy technology is fully accounted for,
the Secretary shall relocate the administration of the Clean Energy
Application Centers to the Office of Energy Efficiency and
Renewable Energy within the Department of Energy.
``(2) Office of electricity delivery and energy reliability.--
The Office of Electricity Delivery and Energy Reliability shall--
``(A) continue to perform work on the role of technology
described in paragraph (1) in support of the grid and the
reliability and security of the technology; and
``(B) shall assist the Clean Energy Application Centers in
the work of the Centers with regard to the grid and with
electric utilities.
``(c) Grants.--
``(1) In general.--The Secretary shall make grants to
universities, research centers, and other appropriate institutions
to ensure the continued operations and effectiveness of 8 Regional
Clean Energy Application Centers in each of the following regions
(as designated for such purposes as of the date of the enactment of
the Energy Independence and Security Act of 2007):
``(A) Gulf Coast.
``(B) Intermountain.
``(C) Mid-Atlantic.
``(D) Midwest.
``(E) Northeast.
``(F) Northwest.
``(G) Pacific.
``(H) Southeast.
``(2) Establishment of goals and compliance.--In making grants
under this subsection, the Secretary shall ensure that sufficient
goals are established and met by each Center throughout the program
duration concerning outreach and technology deployment.
``(d) Activities.--
``(1) In general.--Each Clean Energy Application Center shall--
``(A) operate a program to encourage deployment of clean
energy technologies through education and outreach to building
and industrial professionals; and other individuals and
organizations with an interest in efficient energy use; and
``(B) provide project specific support to building and
industrial professionals through assessments and advisory
activities.
``(2) Types of activities.--Funds made available under this
section may be used--
``(A) to develop and distribute informational materials on
clean energy technologies, including continuation of the 8
websites in existence on the date of enactment of the Energy
Independence and Security Act of 2007;
``(B) to develop and conduct target market workshops,
seminars, Internet programs, and other activities to educate
end users, regulators, and stakeholders in a manner that leads
to the deployment of clean energy technologies;
``(C) to provide or coordinate onsite assessments for sites
and enterprises that may consider deployment of clean energy
technology;
``(D) to perform market research to identify high profile
candidates for clean energy deployment;
``(E) to provide consulting support to sites considering
deployment of clean energy technologies;
``(F) to assist organizations developing clean energy
technologies to overcome barriers to deployment; and
``(G) to assist companies and organizations with
performance evaluations of any clean energy technology
implemented.
``(e) Duration.--
``(1) In general.--A grant awarded under this section shall be
for a period of 5 years
``(2) Annual evaluations.--Each grant shall be evaluated
annually for the continuation of the grant based on the activities
and results of the grant.
``(f) Authorization.--There is authorized to be appropriated to
carry out this section $10,000,000 for each of fiscal years 2008
through 2012.''.
(b) Table of Contents.--The table of contents of the Energy Policy
and Conservation Act (42 U.S.C. prec. 6201) is amended by inserting
after the items relating to part D of title III the following:
``Part E--Industrial Energy Efficiency
``Sec. 371. Definitions.
``Sec. 372. Survey and Registry.
``Sec. 373. Waste energy recovery incentive grant program.
``Sec. 374. Additional incentives for recovery, utilization and
prevention of industrial waste energy.
``Sec. 375. Clean Energy Application Centers.''.
SEC. 452. ENERGY-INTENSIVE INDUSTRIES PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) an energy-intensive industry;
(B) a national trade association representing an energy-
intensive industry; or
(C) a person acting on behalf of 1 or more energy-intensive
industries or sectors, as determined by the Secretary.
(2) Energy-intensive industry.--The term ``energy-intensive
industry'' means an industry that uses significant quantities of
energy as part of its primary economic activities, including--
(A) information technology, including data centers
containing electrical equipment used in processing, storing,
and transmitting digital information;
(B) consumer product manufacturing;
(C) food processing;
(D) materials manufacturers, including--
(i) aluminum;
(ii) chemicals;
(iii) forest and paper products;
(iv) metal casting;
(v) glass;
(vi) petroleum refining;
(vii) mining; and
(viii) steel;
(E) other energy-intensive industries, as determined by the
Secretary.
(3) Feedstock.--The term ``feedstock'' means the raw material
supplied for use in manufacturing, chemical, and biological
processes.
(4) Partnership.--The term ``partnership'' means an energy
efficiency partnership established under subsection (c)(1)(A).
(5) Program.--The term ``program'' means the energy-intensive
industries program established under subsection (b).
(b) Establishment of Program.--The Secretary shall establish a
program under which the Secretary, in cooperation with energy-intensive
industries and national industry trade associations representing the
energy-intensive industries, shall support, research, develop, and
promote the use of new materials processes, technologies, and
techniques to optimize energy efficiency and the economic
competitiveness of the United States' industrial and commercial
sectors.
(c) Partnerships.--
(1) In general.--As part of the program, the Secretary shall
establish energy efficiency partnerships between the Secretary and
eligible entities to conduct research on, develop, and demonstrate
new processes, technologies, and operating practices and techniques
to significantly improve the energy efficiency of equipment and
processes used by energy-intensive industries, including the
conduct of activities to--
(A) increase the energy efficiency of industrial processes
and facilities;
(B) research, develop, and demonstrate advanced
technologies capable of energy intensity reductions and
increased environmental performance; and
(C) promote the use of the processes, technologies, and
techniques described in subparagraphs (A) and (B).
(2) Eligible activities.--Partnership activities eligible for
funding under this subsection include--
(A) feedstock and recycling research, development, and
demonstration activities to identify and promote--
(i) opportunities for meeting industry feedstock
requirements with more energy efficient and flexible
sources of feedstock or energy supply;
(ii) strategies to develop and deploy technologies that
improve the quality and quantity of feedstocks recovered
from process and waste streams; and
(iii) other methods using recycling, reuse, and
improved industrial materials;
(B) research to develop and demonstrate technologies and
processes that utilize alternative energy sources to supply
heat, power, and new feedstocks for energy-intensive
industries;
(C) research to achieve energy efficiency in steam, power,
control system, and process heat technologies, and in other
manufacturing processes; and
(D) industrial and commercial energy efficiency and
sustainability assessments to--
(i) assist individual industrial and commercial sectors
in developing tools, techniques, and methodologies to
assess--
(I) the unique processes and facilities of the
sectors;
(II) the energy utilization requirements of the
sectors; and
(III) the application of new, more energy efficient
technologies; and
(ii) conduct energy savings assessments;
(E) the incorporation of technologies and innovations that
would significantly improve the energy efficiency and
utilization of energy-intensive commercial applications; and
(F) any other activities that the Secretary determines to
be appropriate.
(3) Proposals.--
(A) In general.--To be eligible for funding under this
subsection, a partnership shall submit to the Secretary a
proposal that describes the proposed research, development, or
demonstration activity to be conducted by the partnership.
(B) Review.--After reviewing the scientific, technical, and
commercial merit of a proposals submitted under subparagraph
(A), the Secretary shall approve or disapprove the proposal.
(C) Competitive awards.--The provision of funding under
this subsection shall be on a competitive basis.
(4) Cost-sharing requirement.--In carrying out this section,
the Secretary shall require cost sharing in accordance with section
988 of the Energy Policy Act of 2005 (42 U.S.C. 16352).
(d) Grants.--The Secretary may award competitive grants for
innovative technology research, development and demonstrations to
universities, individual inventors, and small companies, based on
energy savings potential, commercial viability, and technical merit.
(e) Institution of Higher Education-Based Industrial Research and
Assessment Centers.--The Secretary shall provide funding to institution
of higher education-based industrial research and assessment centers,
whose purpose shall be--
(1) to identify opportunities for optimizing energy efficiency
and environmental performance;
(2) to promote applications of emerging concepts and
technologies in small- and medium-sized manufacturers;
(3) to promote research and development for the use of
alternative energy sources to supply heat, power, and new
feedstocks for energy-intensive industries;
(4) to coordinate with appropriate Federal and State research
offices, and provide a clearinghouse for industrial process and
energy efficiency technical assistance resources; and
(5) to coordinate with State-accredited technical training
centers and community colleges, while ensuring appropriate services
to all regions of the United States.
(f) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to the
Secretary to carry out this section--
(A) $184,000,000 for fiscal year 2008;
(B) $190,000,000 for fiscal year 2009;
(C) $196,000,000 for fiscal year 2010;
(D) $202,000,000 for fiscal year 2011;
(E) $208,000,000 for fiscal year 2012; and
(F) such sums as are necessary for fiscal year 2013 and
each fiscal year thereafter.
(2) Partnership activities.--Of the amounts made available
under paragraph (1), not less than 50 percent shall be used to pay
the Federal share of partnership activities under subsection (c).
(3) Coordination and nonduplication.--The Secretary shall
coordinate efforts under this section with other programs of the
Department and other Federal agencies to avoid duplication of
effort.
SEC. 453. ENERGY EFFICIENCY FOR DATA CENTER BUILDINGS.
(a) Definitions.--In this section:
(1) Data center.--The term ``data center'' means any facility
that primarily contains electronic equipment used to process,
store, and transmit digital information, which may be--
(A) a free-standing structure; or
(B) a facility within a larger structure, that uses
environmental control equipment to maintain the proper
conditions for the operation of electronic equipment.
(2) Data center operator.--The term ``data center operator''
means any person or government entity that builds or operates a
data center or purchases data center services, equipment, and
facilities.
(b) Voluntary National Information Program.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary and the Administrator of the
Environmental Protection Agency shall, after consulting with
information technology industry and other interested parties,
initiate a voluntary national information program for those types
of data centers and data center equipment and facilities that are
widely used and for which there is a potential for significant data
center energy savings as a result of the program.
(2) Requirements.--The program described in paragraph (1)
shall--
(A) address data center efficiency holistically, reflecting
the total energy consumption of data centers as whole systems,
including both equipment and facilities;
(B) consider prior work and studies undertaken in this
area, including by the Environmental Protection Agency and the
Department of Energy;
(C) consistent with the objectives described in paragraph
(1), determine the type of data center and data center
equipment and facilities to be covered under the program;
(D) produce specifications, measurements, best practices,
and benchmarks that will enable data center operators to make
more informed decisions about the energy efficiency and costs
of data centers, and that take into account--
(i) the performance and use of servers, data storage
devices, and other information technology equipment;
(ii) the efficiency of heating, ventilation, and air
conditioning, cooling, and power conditioning systems,
provided that no modification shall be required of a
standard then in effect under the Energy Policy and
Conservation Act (42 U.S.C. 6201 et seq.) for any covered
heating, ventilation, air-conditioning, cooling or power-
conditioning product;
(iii) energy savings from the adoption of software and
data management techniques; and
(iv) other factors determined by the organization
described in subsection (c);
(E) allow for creation of separate specifications,
measurements, and benchmarks based on data center size and
function, as well as other appropriate characteristics;
(F) advance the design and implementation of efficiency
technologies to the maximum extent economically practical;
(G) provide to data center operators in the private sector
and the Federal Government information about best practices and
purchasing decisions that reduce the energy consumption of data
centers; and
(H) publish the information described in subparagraph (G),
which may be disseminated through catalogs, trade publications,
the Internet, or other mechanisms, that will allow data center
operators to assess the energy consumption and potential cost
savings of alternative data centers and data center equipment
and facilities.
(3) Procedures.--The program described in paragraph (1) shall
be developed in consultation with and coordinated by the
organization described in subsection (c) according to commonly
accepted procedures for the development of specifications,
measurements, and benchmarks.
(c) Data Center Efficiency Organization.--
(1) In general.--After the establishment of the program
described in subsection (b), the Secretary and the Administrator
shall jointly designate an information technology industry
organization to consult with and to coordinate the program.
(2) Requirements.--The organization designated under paragraph
(1), whether preexisting or formed specifically for the purposes of
subsection (b), shall--
(A) consist of interested parties that have expertise in
energy efficiency and in the development, operation, and
functionality of computer data centers, information technology
equipment, and software, as well as representatives of hardware
manufacturers, data center operators, and facility managers;
(B) obtain and address input from Department of Energy
National Laboratories or any college, university, research
institution, industry association, company, or public interest
group with applicable expertise in any of the areas listed in
paragraph (1);
(C) follow commonly accepted procedures for the development
of specifications and accredited standards development
processes;
(D) have a mission to develop and promote energy efficiency
for data centers and information technology; and
(E) have the primary responsibility to consult in the
development and publishing of the information, measurements,
and benchmarks described in subsection (b) and transmission of
the information to the Secretary and the Administrator for
consideration under subsection (d).
(d) Measurements and Specifications.--
(1) In general.--The Secretary and the Administrator shall
consider the specifications, measurements, and benchmarks described
in subsection (b) for use by the Federal Energy Management Program,
the Energy Star Program, and other efficiency programs of the
Department of Energy and Environmental Protection Agency,
respectively.
(2) Rejections.--If the Secretary or the Administrator rejects
1 or more specifications, measurements, or benchmarks described in
subsection (b), the rejection shall be made consistent with section
12(d) of the National Technology Transfer and Advancement Act of
1995 (15 U.S.C. 272 note; Public Law 104-113).
(3) Determination of impracticability.--A determination that a
specification, measurement, or benchmark described in subsection
(b) is impractical may include consideration of the maximum
efficiency that is technologically feasible and economically
justified.
(e) Monitoring.--The Secretary and the Administrator shall--
(1) monitor and evaluate the efforts to develop the program
described in subsection (b); and
(2) not later than 3 years after the date of enactment of this
Act, make a determination as to whether the program is consistent
with the objectives of subsection (b).
(f) Alternative System.--If the Secretary and the Administrator
make a determination under subsection (e) that a voluntary national
information program for data centers consistent with the objectives of
subsection (b) has not been developed, the Secretary and the
Administrator shall, after consultation with the National Institute of
Standards and Technology and not later than 2 years after the
determination, develop and implement the program under subsection (b).
(g) Protection of Proprietary Information.--The Secretary, the
Administrator, or the data center efficiency organization shall not
disclose any proprietary information or trade secrets provided by any
individual or company for the purposes of carrying out this section or
the program established under this section.
Subtitle E--Healthy High-Performance Schools
SEC. 461. HEALTHY HIGH-PERFORMANCE SCHOOLS.
(a) Amendment.--The Toxic Substances Control Act (15 U.S.C. 2601 et
seq.) is amended by adding at the end the following new title:
``TITLE V--HEALTHY HIGH-PERFORMANCE SCHOOLS
``SEC. 501. GRANTS FOR HEALTHY SCHOOL ENVIRONMENTS.
``(a) In General.--The Administrator, in consultation with the
Secretary of Education, may provide grants to States for use in--
``(1) providing technical assistance for programs of the
Environmental Protection Agency (including the Tools for Schools
Program and the Healthy School Environmental Assessment Tool) to
schools for use in addressing environmental issues; and
``(2) development and implementation of State school
environmental health programs that include--
``(A) standards for school building design, construction,
and renovation; and
``(B) identification of ongoing school building
environmental problems, including contaminants, hazardous
substances, and pollutant emissions, in the State and
recommended solutions to address those problems, including
assessment of information on the exposure of children to
environmental hazards in school facilities.
``(b) Sunset.--The authority of the Administrator to carry out this
section shall expire 5 years after the date of enactment of this
section.
``SEC. 502. MODEL GUIDELINES FOR SITING OF SCHOOL FACILITIES.
``Not later than 18 months after the date of enactment of this
section, the Administrator, in consultation with the Secretary of
Education and the Secretary of Health and Human Services, shall issue
voluntary school site selection guidelines that account for--
``(1) the special vulnerability of children to hazardous
substances or pollution exposures in any case in which the
potential for contamination at a potential school site exists;
``(2) modes of transportation available to students and staff;
``(3) the efficient use of energy; and
``(4) the potential use of a school at the site as an emergency
shelter.
``SEC. 503. PUBLIC OUTREACH.
``(a) Reports.--The Administrator shall publish and submit to
Congress an annual report on all activities carried out under this
title, until the expiration of authority described in section 501(b).
``(b) Public Outreach.--The Federal Director appointed under
section 436(a) of the Energy Independence and Security Act of 2007 (in
this title referred to as the `Federal Director') shall ensure, to the
maximum extent practicable, that the public clearinghouse established
under section 423(1) of the Energy Independence and Security Act of
2007 receives and makes available information on the exposure of
children to environmental hazards in school facilities, as provided by
the Administrator.
``SEC. 504. ENVIRONMENTAL HEALTH PROGRAM.
``(a) In General.--Not later than 2 years after the date of
enactment of this section, the Administrator, in consultation with the
Secretary of Education, the Secretary of Health and Human Services, and
other relevant agencies, shall issue voluntary guidelines for use by
the State in developing and implementing an environmental health
program for schools that--
``(1) takes into account the status and findings of Federal
initiatives established under this title or subtitle C of title IV
of the Energy Independence and Security Act of 2007 and other
relevant Federal law with respect to school facilities, including
relevant updates on trends in the field, such as the impact of
school facility environments on student and staff--
``(A) health, safety, and productivity; and
``(B) disabilities or special needs;
``(2) takes into account studies using relevant tools
identified or developed in accordance with section 492 of the
Energy Independence and Security Act of 2007;
``(3) takes into account, with respect to school facilities,
each of--
``(A) environmental problems, contaminants, hazardous
substances, and pollutant emissions, including--
``(i) lead from drinking water;
``(ii) lead from materials and products;
``(iii) asbestos;
``(iv) radon;
``(v) the presence of elemental mercury releases from
products and containers;
``(vi) pollutant emissions from materials and products;
and
``(vii) any other environmental problem, contaminant,
hazardous substance, or pollutant emission that present or
may present a risk to the health of occupants of the school
facilities or environment;
``(B) natural day lighting;
``(C) ventilation choices and technologies;
``(D) heating and cooling choices and technologies;
``(E) moisture control and mold;
``(F) maintenance, cleaning, and pest control activities;
``(G) acoustics; and
``(H) other issues relating to the health, comfort,
productivity, and performance of occupants of the school
facilities;
``(4) provides technical assistance on siting, design,
management, and operation of school facilities, including
facilities used by students with disabilities or special needs;
``(5) collaborates with federally funded pediatric
environmental health centers to assist in on-site school
environmental investigations;
``(6) assists States and the public in better understanding and
improving the environmental health of children; and
``(7) takes into account the special vulnerability of children
in low-income and minority communities to exposures from
contaminants, hazardous substances, and pollutant emissions.
``(b) Public Outreach.--The Federal Director and Commercial
Director shall ensure, to the maximum extent practicable, that the
public clearinghouse established under section 423 of the Energy
Independence and Security Act of 2007 receives and makes available--
``(1) information from the Administrator that is contained in
the report described in section 503(a); and
``(2) information on the exposure of children to environmental
hazards in school facilities, as provided by the Administrator.
``SEC. 505. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
$1,000,000 for fiscal year 2009, and $1,500,000 for each of fiscal
years 2010 through 2013, to remain available until expended.''.
(b) Table of Contents Amendment.--The table of contents for the
Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is amended by
adding at the end the following:
``TITLE V--HEALTHY HIGH-PERFORMANCE SCHOOLS
``Sec. 501. Grants for healthy school environments.
``Sec. 502. Model guidelines for siting of school facilities.
``Sec. 503. Public outreach.
``Sec. 504. Environmental health program.
``Sec. 505. Authorization of appropriations.''.
SEC. 462. STUDY ON INDOOR ENVIRONMENTAL QUALITY IN SCHOOLS.
(a) In General.--The Administrator of the Environmental Protection
Agency shall enter into an arrangement with the Secretary of Education
and the Secretary of Energy to conduct a detailed study of how
sustainable building features such as energy efficiency affect multiple
perceived indoor environmental quality stressors on students in K-12
schools.
(b) Contents.--The study shall--
(1) investigate the combined effect building stressors such as
heating, cooling, humidity, lighting, and acoustics have on
building occupants' health, productivity, and overall well-being;
(2) identify how sustainable building features, such as energy
efficiency, are influencing these human outcomes singly and in
concert; and
(3) ensure that the impacts of the indoor environmental quality
are evaluated as a whole.
(c) Authorization of Appropriations.--There are authorized to be
appropriated for carrying out this section $200,000 for each of the
fiscal years 2008 through 2012.
Subtitle F--Institutional Entities
SEC. 471. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS AND LOANS FOR
INSTITUTIONS.
Part G of title III of the Energy Policy and Conservation Act is
amended by inserting after section 399 (42 U.S.C. 6371h) the following:
``SEC. 399A. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS AND LOANS FOR
INSTITUTIONS.
``(a) Definitions.--In this section:
``(1) Combined heat and power.--The term `combined heat and
power' means the generation of electric energy and heat in a
single, integrated system, with an overall thermal efficiency of 60
percent or greater on a higher-heating-value basis.
``(2) District energy systems.--The term `district energy
systems' means systems providing thermal energy from a renewable
energy source, thermal energy source, or highly efficient
technology to more than 1 building or fixed energy-consuming use
from 1 or more thermal-energy production facilities through pipes
or other means to provide space heating, space conditioning, hot
water, steam, compression, process energy, or other end uses for
that energy.
``(3) Energy sustainability.--The term `energy sustainability'
includes using a renewable energy source, thermal energy source, or
a highly efficient technology for transportation, electricity
generation, heating, cooling, lighting, or other energy services in
fixed installations.
``(4) Institution of higher education.--The term `institution
of higher education' has the meaning given the term in section 2 of
the Energy Policy Act of 2005 (42 U.S.C. 15801).
``(5) Institutional entity.--The term `institutional entity'
means an institution of higher education, a public school district,
a local government, a municipal utility, or a designee of 1 of
those entities.
``(6) Renewable energy source.--The term `renewable energy
source' has the meaning given the term in section 609 of the Public
Utility Regulatory Policies Act of 1978 (7 U.S.C. 918c).
``(7) Sustainable energy infrastructure.--The term `sustainable
energy infrastructure' means--
``(A) facilities for production of energy from renewable
energy sources, thermal energy sources, or highly efficient
technologies, including combined heat and power or other waste
heat use; and
``(B) district energy systems.
``(8) Thermal energy source.--The term `thermal energy source'
means--
``(A) a natural source of cooling or heating from lake or
ocean water; and
``(B) recovery of useful energy that would otherwise be
wasted from ongoing energy uses.
``(b) Technical Assistance Grants.--
``(1) In general.--Subject to the availability of appropriated
funds, the Secretary shall implement a program of information
dissemination and technical assistance to institutional entities to
assist the institutional entities in identifying, evaluating,
designing, and implementing sustainable energy infrastructure
projects in energy sustainability.
``(2) Assistance.--The Secretary shall support institutional
entities in--
``(A) identification of opportunities for sustainable
energy infrastructure;
``(B) understanding the technical and economic
characteristics of sustainable energy infrastructure;
``(C) utility interconnection and negotiation of power and
fuel contracts;
``(D) understanding financing alternatives;
``(E) permitting and siting issues;
``(F) obtaining case studies of similar and successful
sustainable energy infrastructure systems; and
``(G) reviewing and obtaining computer software for
assessment, design, and operation and maintenance of
sustainable energy infrastructure systems.
``(3) Eligible costs for technical assistance grants.--On
receipt of an application of an institutional entity, the Secretary
may make grants to the institutional entity to fund a portion of
the cost of--
``(A) feasibility studies to assess the potential for
implementation or improvement of sustainable energy
infrastructure;
``(B) analysis and implementation of strategies to overcome
barriers to project implementation, including financial,
contracting, siting, and permitting barriers; and
``(C) detailed engineering of sustainable energy
infrastructure.
``(c) Grants for Energy Efficiency Improvement and Energy
Sustainability.--
``(1) Grants.--
``(A) In general.--The Secretary shall award grants to
institutional entities to carry out projects to improve energy
efficiency on the grounds and facilities of the institutional
entity.
``(B) Requirement.--To the extent that applications have
been submitted, grants under subparagraph (A) shall include not
less than 1 grant each year to an institution of higher
education in each State.
``(C) Minimum funding.--Not less than 50 percent of the
total funding for all grants under this subsection shall be
awarded in grants to institutions of higher education.
``(2) Criteria.--Evaluation of projects for grant funding shall
be based on criteria established by the Secretary, including
criteria relating to--
``(A) improvement in energy efficiency;
``(B) reduction in greenhouse gas emissions and other air
emissions, including criteria air pollutants and ozone-
depleting refrigerants;
``(C) increased use of renewable energy sources or thermal
energy sources;
``(D) reduction in consumption of fossil fuels;
``(E) active student participation; and
``(F) need for funding assistance.
``(3) Condition.--As a condition of receiving a grant under
this subsection, an institutional entity shall agree--
``(A) to implement a public awareness campaign concerning
the project in the community in which the institutional entity
is located; and
``(B) to submit to the Secretary, and make available to the
public, reports on any efficiency improvements, energy cost
savings, and environmental benefits achieved as part of a
project carried out under paragraph (1), including
quantification of the results relative to the criteria
described under paragraph (2).
``(d) Grants for Innovation in Energy Sustainability.--
``(1) Grants.--
``(A) In general.--The Secretary shall award grants to
institutional entities to engage in innovative energy
sustainability projects.
``(B) Requirement.--To the extent that applications have
been submitted, grants under subparagraph (A) shall include not
less than 2 grants each year to institutions of higher
education in each State.
``(C) Minimum funding.--Not less than 50 percent of the
total funding for all grants under this subsection shall be
awarded in grants to institutions of higher education.
``(2) Innovation projects.--An innovation project carried out
with a grant under this subsection shall--
``(A) involve--
``(i) an innovative technology that is not yet
commercially available; or
``(ii) available technology in an innovative
application that maximizes energy efficiency and
sustainability;
``(B) have the greatest potential for testing or
demonstrating new technologies or processes; and
``(C) to the extent undertaken by an institution of higher
education, ensure active student participation in the project,
including the planning, implementation, evaluation, and other
phases of projects.
``(3) Condition.--As a condition of receiving a grant under
this subsection, an institutional entity shall agree to submit to
the Secretary, and make available to the public, reports that
describe the results of the projects carried out using grant funds.
``(e) Allocation to Institutions of Higher Education With Small
Endowments.--
``(1) In general.--Of the total amount of grants provided to
institutions of higher education for a fiscal year under this
section, the Secretary shall provide not less than 50 percent of
the amount to institutions of higher education that have an
endowment of not more than $100,000,000.
``(2) Requirement.--To the extent that applications have been
submitted, at least 50 percent of the amount described in paragraph
(1) shall be provided to institutions of higher education that have
an endowment of not more than $50,000,000.
``(f) Grant Amounts.--
``(1) In general.--If the Secretary determines that cost
sharing is appropriate, the amounts of grants provided under this
section shall be limited as provided in this subsection.
``(2) Technical assistance grants.--In the case of grants for
technical assistance under subsection (b), grant funds shall be
available for not more than--
``(A) an amount equal to the lesser of--
``(i) $50,000; or
``(ii) 75 percent of the cost of feasibility studies to
assess the potential for implementation or improvement of
sustainable energy infrastructure;
``(B) an amount equal to the lesser of--
``(i) $90,000; or
``(ii) 60 percent of the cost of guidance on overcoming
barriers to project implementation, including financial,
contracting, siting, and permitting barriers; and
``(C) an amount equal to the lesser of--
``(i) $250,000; or
``(ii) 40 percent of the cost of detailed engineering
and design of sustainable energy infrastructure.
``(3) Grants for efficiency improvement and energy
sustainability.--In the case of grants for efficiency improvement
and energy sustainability under subsection (c), grant funds shall
be available for not more than an amount equal to the lesser of--
``(A) $1,000,000; or
``(B) 60 percent of the total cost.
``(4) Grants for innovation in energy sustainability.--In the
case of grants for innovation in energy sustainability under
subsection (d), grant funds shall be available for not more than an
amount equal to the lesser of--
``(A) $500,000; or
``(B) 75 percent of the total cost.
``(g) Loans for Energy Efficiency Improvement and Energy
Sustainability.--
``(1) In general.--Subject to the availability of appropriated
funds, the Secretary shall provide loans to institutional entities
for the purpose of implementing energy efficiency improvements and
sustainable energy infrastructure.
``(2) Terms and conditions.--
``(A) In general.--Except as otherwise provided in this
paragraph, loans made under this subsection shall be on such
terms and conditions as the Secretary may prescribe.
``(B) Maturity.--The final maturity of loans made within a
period shall be the lesser of, as determined by the Secretary--
``(i) 20 years; or
``(ii) 90 percent of the useful life of the principal
physical asset to be financed by the loan.
``(C) Default.--No loan made under this subsection may be
subordinated to another debt contracted by the institutional
entity or to any other claims against the institutional entity
in the case of default.
``(D) Benchmark interest rate.--
``(i) In general.--Loans under this subsection shall be
at an interest rate that is set by reference to a benchmark
interest rate (yield) on marketable Treasury securities
with a similar maturity to the direct loans being made.
``(ii) Minimum.--The minimum interest rate of loans
under this subsection shall be at the interest rate of the
benchmark financial instrument.
``(iii) New loans.--The minimum interest rate of new
loans shall be adjusted each quarter to take account of
changes in the interest rate of the benchmark financial
instrument.
``(E) Credit risk.--The Secretary shall--
``(i) prescribe explicit standards for use in
periodically assessing the credit risk of making direct
loans under this subsection; and
``(ii) find that there is a reasonable assurance of
repayment before making a loan.
``(F) Advance budget authority required.--New direct loans
may not be obligated under this subsection except to the extent
that appropriations of budget authority to cover the costs of
the new direct loans are made in advance, as required by
section 504 of the Federal Credit Reform Act of 1990 (2 U.S.C.
661c).
``(3) Criteria.--Evaluation of projects for potential loan
funding shall be based on criteria established by the Secretary,
including criteria relating to--
``(A) improvement in energy efficiency;
``(B) reduction in greenhouse gas emissions and other air
emissions, including criteria air pollutants and ozone-
depleting refrigerants;
``(C) increased use of renewable electric energy sources or
renewable thermal energy sources;
``(D) reduction in consumption of fossil fuels; and
``(E) need for funding assistance, including consideration
of the size of endowment or other financial resources available
to the institutional entity.
``(4) Labor standards.--
``(A) In general.--All laborers and mechanics employed by
contractors or subcontractors in the performance of
construction, repair, or alteration work funded in whole or in
part under this section shall be paid wages at rates not less
than those prevailing on projects of a character similar in the
locality as determined by the Secretary of Labor in accordance
with sections 3141 through 3144, 3146, and 3147 of title 40,
United States Code. The Secretary shall not approve any such
funding without first obtaining adequate assurance that
required labor standards will be maintained upon the
construction work.
``(B) Authority and functions.--The Secretary of Labor
shall have, with respect to the labor standards specified in
paragraph (1), the authority and functions set forth in
Reorganization Plan Number 14 of 1950 (15 Fed. Reg. 3176; 64
Stat. 1267) and section 3145 of title 40, United States Code.
``(h) Program Procedures.--Not later than 180 days after the date
of enactment of this section, the Secretary shall establish procedures
for the solicitation and evaluation of potential projects for grant and
loan funding and administration of the grant and loan programs.
``(i) Authorization.--
``(1) Grants.--There is authorized to be appropriated for the
cost of grants authorized in subsections (b), (c), and (d)
$250,000,000 for each of fiscal years 2009 through 2013, of which
not more than 5 percent may be used for administrative expenses.
``(2) Loans.--There is authorized to be appropriated for the
initial cost of direct loans authorized in subsection (g)
$500,000,000 for each of fiscal years 2009 through 2013, of which
not more than 5 percent may be used for administrative expenses.''.
Subtitle G--Public and Assisted Housing
SEC. 481. APPLICATION OF INTERNATIONAL ENERGY CONSERVATION CODE TO
PUBLIC AND ASSISTED HOUSING.
Section 109 of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 12709) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(C), by striking, ``, where such
standards are determined to be cost effective by the Secretary
of Housing and Urban Development''; and
(B) in the first sentence of paragraph (2)--
(i) by striking ``Council of American Building
Officials Model Energy Code, 1992'' and inserting ``2006
International Energy Conservation Code''; and
(ii) by striking ``, and, with respect to
rehabilitation and new construction of public and assisted
housing funded by HOPE VI revitalization grants under
section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v), the 2003 International Energy Conservation
Code'';
(2) in subsection (b)--
(A) in the heading, by striking ``Model Energy Code.--''
and inserting ``International Energy Conservation Code.--'';
(B) by inserting ``and rehabilitation'' after ``all new
construction''; and
(C) by striking ``, and, with respect to rehabilitation and
new construction of public and assisted housing funded by HOPE
VI revitalization grants under section 24 of the United States
Housing Act of 1937 (42 U.S.C. 1437v), the 2003 International
Energy Conservation Code'';
(3) in subsection (c)--
(A) in the heading, by striking ``Model Energy Code and'';
and
(B) by striking ``, or, with respect to rehabilitation and
new construction of public and assisted housing funded by HOPE
VI revitalization grants under section 24 of the United States
Housing Act of 1937 (42 U.S.C. 1437v), the 2003 International
Energy Conservation Code'';
(4) by adding at the end the following:
``(d) Failure To Amend the Standards.--If the Secretary of Housing
and Urban Development and the Secretary of Agriculture have not, within
1 year after the requirements of the 2006 IECC or the ASHRAE Standard
90.1-2004 are revised, amended the standards or made a determination
under subsection (c), all new construction and rehabilitation of
housing specified in subsection (a) shall meet the requirements of the
revised code or standard if--
``(1) the Secretary of Housing and Urban Development or the
Secretary of Agriculture make a determination that the revised
codes do not negatively affect the availability or affordability of
new construction of assisted housing and single family and
multifamily residential housing (other than manufactured homes)
subject to mortgages insured under the National Housing Act (12
U.S.C. 1701 et seq.) or insured, guaranteed, or made by the
Secretary of Agriculture under title V of the Housing Act of 1949
(42 U.S.C. 1471 et seq.), respectively; and
``(2) the Secretary of Energy has made a determination under
section 304 of the Energy Conservation and Production Act (42
U.S.C. 6833) that the revised code or standard would improve energy
efficiency.'';
(5) by striking ``CABO Model Energy Code, 1992'' each place it
appears and inserting ``the 2006 IECC''; and
(6) by striking ``1989'' each place it appears and inserting
``2004''.
Subtitle H--General Provisions
SEC. 491. DEMONSTRATION PROJECT.
(a) In General.--The Federal Director and the Commercial Director
shall establish guidelines to implement a demonstration project to
contribute to the research goals of the Office of Commercial High-
Performance Green Buildings and the Office of Federal High-Performance
Green Buildings.
(b) Projects.--In accordance with guidelines established by the
Federal Director and the Commercial Director under subsection (a) and
the duties of the Federal Director and the Commercial Director
described in this title, the Federal Director or the Commercial
Director shall carry out--
(1) for each of fiscal years 2009 through 2014, 1 demonstration
project per year of green features in a Federal building selected
by the Federal Director in accordance with relevant agencies and
described in subsection (c)(1), that--
(A) provides for instrumentation, monitoring, and data
collection related to the green features, for study of the
impact of the features on overall energy use and operational
costs, and for the evaluation of the information obtained
through the conduct of projects and activities under this
title; and
(B) achieves the highest rating offered by the high
performance green building system identified pursuant to
section 436(h);
(2) no fewer than 4 demonstration projects at 4 universities,
that, as competitively selected by the Commercial Director in
accordance with subsection (c)(2), have--
(A) appropriate research resources and relevant projects to
meet the goals of the demonstration project established by the
Office of Commercial High-Performance Green Buildings; and
(B) the ability--
(i) to serve as a model for high-performance green
building initiatives, including research and education by
achieving the highest rating offered by the high
performance green building system identified pursuant to
section 436(h);
(ii) to identify the most effective ways to use high-
performance green building and landscape technologies to
engage and educate undergraduate and graduate students;
(iii) to effectively implement a high-performance green
building education program for students and occupants;
(iv) to demonstrate the effectiveness of various high-
performance technologies, including their impacts on energy
use and operational costs, in each of the 4 climatic
regions of the United States described in subsection
(c)(2)(B); and
(v) to explore quantifiable and nonquantifiable
beneficial impacts on public health and employee and
student performance;
(3) demonstration projects to evaluate replicable approaches of
achieving high performance in actual building operation in various
types of commercial buildings in various climates; and
(4) deployment activities to disseminate information on and
encourage widespread adoption of technologies, practices, and
policies to achieve zero-net-energy commercial buildings or low
energy use and effective monitoring of energy use in commercial
buildings.
(c) Criteria.--
(1) Federal facilities.--With respect to the existing or
proposed Federal facility at which a demonstration project under
this section is conducted, the Federal facility shall--
(A) be an appropriate model for a project relating to--
(i) the effectiveness of high-performance technologies;
(ii) analysis of materials, components, systems, and
emergency operations in the building, and the impact of
those materials, components, and systems, including the
impact on the health of building occupants;
(iii) life-cycle costing and life-cycle assessment of
building materials and systems; and
(iv) location and design that promote access to the
Federal facility through walking, biking, and mass transit;
and
(B) possess sufficient technological and organizational
adaptability.
(2) Universities.--With respect to the 4 universities at which
a demonstration project under this section is conducted--
(A) the universities should be selected, after careful
review of all applications received containing the required
information, as determined by the Commercial Director, based
on--
(i) successful and established public-private research
and development partnerships;
(ii) demonstrated capabilities to construct or renovate
buildings that meet high indoor environmental quality
standards;
(iii) organizational flexibility;
(iv) technological adaptability;
(v) the demonstrated capacity of at least 1 university
to replicate lessons learned among nearby or sister
universities, preferably by participation in groups or
consortia that promote sustainability;
(vi) the demonstrated capacity of at least 1 university
to have officially-adopted, institution-wide ``high-
performance green building'' guidelines for all campus
building projects; and
(vii) the demonstrated capacity of at least 1
university to have been recognized by similar institutions
as a national leader in sustainability education and
curriculum for students of the university; and
(B) each university shall be located in a different
climatic region of the United States, each of which regions
shall have, as determined by the Office of Commercial High-
Performance Green Buildings--
(i) a hot, dry climate;
(ii) a hot, humid climate;
(iii) a cold climate; or
(iv) a temperate climate (including a climate with cold
winters and humid summers).
(d) Applications.--To receive a grant under subsection (b), an
eligible applicant shall submit to the Federal Director or the
Commercial Director an application at such time, in such manner, and
containing such information as the Director may require, including a
written assurance that all laborers and mechanics employed by
contractors or subcontractors during construction, alteration, or
repair that is financed, in whole or in part, by a grant under this
section shall be paid wages at rates not less than those prevailing on
similar construction in the locality, as determined by the Secretary of
Labor in accordance with sections 3141 through 3144, 3146, and 3147 of
title 40, United States Code. The Secretary of Labor shall, with
respect to the labor standards described in this subsection, have the
authority and functions set forth in Reorganization Plan Numbered 14 of
1950 (5 U.S.C. App.) and section 3145 of title 40, United States Code.
(e) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter through September 30, 2014--
(1) the Federal Director and the Commercial Director shall
submit to the Secretary a report that describes the status of the
demonstration projects; and
(2) each University at which a demonstration project under this
section is conducted shall submit to the Secretary a report that
describes the status of the demonstration projects under this
section.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the demonstration project described in
section (b)(1), $10,000,000 for the period of fiscal years 2008 through
2012, and to carry out the demonstration project described in section
(b)(2), $10,000,000 for the period of fiscal years 2008 through 2012,
to remain available until expended.
SEC. 492. RESEARCH AND DEVELOPMENT.
(a) Establishment.--The Federal Director and the Commercial
Director, jointly and in coordination with the Advisory Committee,
shall--
(1)(A) survey existing research and studies relating to high-
performance green buildings; and
(B) coordinate activities of common interest;
(2) develop and recommend a high-performance green building
research plan that--
(A) identifies information and research needs, including
the relationships between human health, occupant productivity,
safety, security, and accessibility and each of--
(i) emissions from materials and products in the
building;
(ii) natural day lighting;
(iii) ventilation choices and technologies;
(iv) heating, cooling, and system control choices and
technologies;
(v) moisture control and mold;
(vi) maintenance, cleaning, and pest control
activities;
(vii) acoustics;
(viii) access to public transportation; and
(ix) other issues relating to the health, comfort,
productivity, and performance of occupants of the building;
(B) promotes the development and dissemination of high-
performance green building measurement tools that, at a
minimum, may be used--
(i) to monitor and assess the life-cycle performance of
facilities (including demonstration projects) built as
high-performance green buildings; and
(ii) to perform life-cycle assessments; and
(C) identifies and tests new and emerging technologies for
high-performance green buildings;
(3) assist the budget and life-cycle costing functions of the
Directors' Offices under section 436(d);
(4) study and identify potential benefits of green buildings
relating to security, natural disaster, and emergency needs of the
Federal Government; and
(5) support other research initiatives determined by the
Directors' Offices.
(b) Indoor Air Quality.--The Federal Director, in consultation with
the Administrator of the Environmental Protection Agency and the
Advisory Committee, shall develop and carry out a comprehensive indoor
air quality program for all Federal facilities to ensure the safety of
Federal workers and facility occupants--
(1) during new construction and renovation of facilities; and
(2) in existing facilities.
SEC. 493. ENVIRONMENTAL PROTECTION AGENCY DEMONSTRATION GRANT PROGRAM
FOR LOCAL GOVERNMENTS.
Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) is amended
by adding at the end the following:
``SEC. 329. DEMONSTRATION GRANT PROGRAM FOR LOCAL GOVERNMENTS.
``(a) Grant Program.--
``(1) In general.--The Administrator shall establish a
demonstration program under which the Administrator shall provide
competitive grants to assist local governments (such as
municipalities and counties), with respect to local government
buildings--
``(A) to deploy cost-effective technologies and practices;
and
``(B) to achieve operational cost savings, through the
application of cost-effective technologies and practices, as
verified by the Administrator.
``(2) Cost sharing.--
``(A) In general.--The Federal share of the cost of an
activity carried out using a grant provided under this section
shall be 40 percent.
``(B) Waiver of non-federal share.--The Administrator may
waive up to 100 percent of the local share of the cost of any
grant under this section should the Administrator determine
that the community is economically distressed, pursuant to
objective economic criteria established by the Administrator in
published guidelines.
``(3) Maximum amount.--The amount of a grant provided under
this subsection shall not exceed $1,000,000.
``(b) Guidelines.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Administrator shall issue guidelines
to implement the grant program established under subsection (a).
``(2) Requirements.--The guidelines under paragraph (1) shall
establish--
``(A) standards for monitoring and verification of
operational cost savings through the application of cost-
effective technologies and practices reported by grantees under
this section;
``(B) standards for grantees to implement training
programs, and to provide technical assistance and education,
relating to the retrofit of buildings using cost-effective
technologies and practices; and
``(C) a requirement that each local government that
receives a grant under this section shall achieve facility-wide
cost savings, through renovation of existing local government
buildings using cost-effective technologies and practices, of
at least 40 percent as compared to the baseline operational
costs of the buildings before the renovation (as calculated
assuming a 3-year, weather-normalized average).
``(c) Compliance With State and Local Law.--Nothing in this section
or any program carried out using a grant provided under this section
supersedes or otherwise affects any State or local law, to the extent
that the State or local law contains a requirement that is more
stringent than the relevant requirement of this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2007 through 2012.
``(e) Reports.--
``(1) In general.--The Administrator shall provide annual
reports to Congress on cost savings achieved and actions taken and
recommendations made under this section, and any recommendations
for further action.
``(2) Final report.--The Administrator shall issue a final
report at the conclusion of the program, including findings, a
summary of total cost savings achieved, and recommendations for
further action.
``(f) Termination.--The program under this section shall terminate
on September 30, 2012.
``(g) Definitions.--In this section, the terms `cost-effective
technologies and practices' and `operating cost savings' shall have the
meanings defined in section 401 of the Energy Independence and Security
Act of 2007.''.
SEC. 494. GREEN BUILDING ADVISORY COMMITTEE.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Federal Director, in coordination with the
Commercial Director, shall establish an advisory committee, to be known
as the ``Green Building Advisory Committee''.
(b) Membership.--
(1) In general.--The Committee shall be composed of
representatives of, at a minimum--
(A) each agency referred to in section 421(e); and
(B) other relevant agencies and entities, as determined by
the Federal Director, including at least 1 representative of
each of--
(i) State and local governmental green building
programs;
(ii) independent green building associations or
councils;
(iii) building experts, including architects, material
suppliers, and construction contractors;
(iv) security advisors focusing on national security
needs, natural disasters, and other dire emergency
situations;
(v) public transportation industry experts; and
(vi) environmental health experts, including those with
experience in children's health.
(2) Non-federal members.--The total number of non-Federal
members on the Committee at any time shall not exceed 15.
(c) Meetings.--The Federal Director shall establish a regular
schedule of meetings for the Committee.
(d) Duties.--The Committee shall provide advice and expertise for
use by the Federal Director in carrying out the duties under this
subtitle, including such recommendations relating to Federal activities
carried out under sections 434 through 436 as are agreed to by a
majority of the members of the Committee.
(e) FACA Exemption.--The Committee shall not be subject to section
14 of the Federal Advisory Committee Act (5 U.S.C. App.).
SEC. 495. ADVISORY COMMITTEE ON ENERGY EFFICIENCY FINANCE.
(a) Establishment.--The Secretary, acting through the Assistant
Secretary of Energy for Energy Efficiency and Renewable Energy, shall
establish an Advisory Committee on Energy Efficiency Finance to provide
advice and recommendations to the Department on energy efficiency
finance and investment issues, options, ideas, and trends, and to
assist the energy community in identifying practical ways of lowering
costs and increasing investments in energy efficiency technologies.
(b) Membership.--The advisory committee established under this
section shall have a balanced membership that shall include members
with expertise in--
(1) availability of seed capital;
(2) availability of venture capital;
(3) availability of other sources of private equity;
(4) investment banking with respect to corporate finance;
(5) investment banking with respect to mergers and
acquisitions;
(6) equity capital markets;
(7) debt capital markets;
(8) research analysis;
(9) sales and trading;
(10) commercial lending; and
(11) residential lending.
(c) Termination.--The Advisory Committee on Energy Efficiency
Finance shall terminate on the date that is 10 years after the date of
enactment of this Act.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to the Secretary for carrying
out this section.
TITLE V--ENERGY SAVINGS IN GOVERNMENT AND PUBLIC INSTITUTIONS
Subtitle A--United States Capitol Complex
SEC. 501. CAPITOL COMPLEX PHOTOVOLTAIC ROOF FEASIBILITY STUDIES.
(a) Studies.--The Architect of the Capitol may conduct feasibility
studies regarding construction of photovoltaic roofs for the Rayburn
House Office Building and the Hart Senate Office Building.
(b) Report.--Not later than 6 months after the date of enactment of
this Act, the Architect of the Capitol shall transmit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Rules and Administration of the Senate, a report
on the results of the feasibility studies and recommendations regarding
construction of photovoltaic roofs for the buildings referred to in
subsection (a).
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $500,000.
SEC. 502. CAPITOL COMPLEX E-85 REFUELING STATION.
(a) Construction.--The Architect of the Capitol may construct a
fuel tank and pumping system for E-85 fuel at or within close proximity
to the Capitol Grounds Fuel Station.
(b) Use.--The E-85 fuel tank and pumping system shall be available
for use by all legislative branch vehicles capable of operating with E-
85 fuel, subject to such other legislative branch agencies reimbursing
the Architect of the Capitol for the costs of E-85 fuel used by such
other legislative branch vehicles.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $640,000 for fiscal year 2008.
SEC. 503. ENERGY AND ENVIRONMENTAL MEASURES IN CAPITOL COMPLEX MASTER
PLAN.
(a) In General.--To the maximum extent practicable, the Architect
of the Capitol shall include energy efficiency and conservation
measures, greenhouse gas emission reduction measures, and other
appropriate environmental measures in the Capitol Complex Master Plan.
(b) Report.--Not later than 6 months after the date of enactment of
this Act, the Architect of the Capitol shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Rules and Administration of the Senate, a report on
the energy efficiency and conservation measures, greenhouse gas
emission reduction measures, and other appropriate environmental
measures included in the Capitol Complex Master Plan pursuant to
subsection (a).
SEC. 504. PROMOTING MAXIMUM EFFICIENCY IN OPERATION OF CAPITOL POWER
PLANT.
(a) Steam Boilers.--
(1) In general.--The Architect of the Capitol shall take such
steps as may be necessary to operate the steam boilers at the
Capitol Power Plant in the most energy efficient manner possible to
minimize carbon emissions and operating costs, including adjusting
steam pressures and adjusting the operation of the boilers to take
into account variations in demand, including seasonality, for the
use of the system.
(2) Effective date.--The Architect shall implement the steps
required under paragraph (1) not later than 30 days after the date
of the enactment of this Act.
(b) Chiller Plant.--
(1) In general.--The Architect of the Capitol shall take such
steps as may be necessary to operate the chiller plant at the
Capitol Power Plant in the most energy efficient manner possible to
minimize carbon emissions and operating costs, including adjusting
water temperatures and adjusting the operation of the chillers to
take into account variations in demand, including seasonality, for
the use of the system.
(2) Effective date.--The Architect shall implement the steps
required under paragraph (1) not later than 30 days after the date
of the enactment of this Act.
(c) Meters.--Not later than 90 days after the date of the enactment
of this Act, the Architect of the Capitol shall evaluate the accuracy
of the meters in use at the Capitol Power Plant and correct them as
necessary.
(d) Report on Implementation.--Not later than 180 days after the
date of the enactment of this Act, the Architect of the Capitol shall
complete the implementation of the requirements of this section and
submit a report describing the actions taken and the energy
efficiencies achieved to the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee on
Commerce, Science, and Transportation of the Senate, the Committee on
House Administration of the House of Representatives, and the Committee
on Rules and Administration of the Senate.
SEC. 505. CAPITOL POWER PLANT CARBON DIOXIDE EMISSIONS FEASIBILITY
STUDY AND DEMONSTRATION PROJECTS.
The first section of the Act of March 4, 1911 (2 U.S.C. 2162; 36
Stat. 1414, chapter 285) is amended in the seventh undesignated
paragraph (relating to the Capitol Power Plant) under the heading
``Public Buildings'', under the heading ``Under the Department of
Interior''--
(1) by striking ``ninety thousand dollars:'' and inserting
$90,000.''; and
(2) by striking ``Provided, That hereafter the'' and all that
follows through the end of the proviso and inserting the following:
``(a) Designation.--The heating, lighting, and power plant
constructed under the terms of the Act approved April 28, 1904 (33
Stat. 479, chapter 1762) shall be known as the `Capitol Power Plant'.
``(b) Definition.--In this section, the term `carbon dioxide energy
efficiency' means the quantity of electricity used to power equipment
for carbon dioxide capture and storage or use.
``(c) Feasibility Study.--The Architect of the Capitol shall
conduct a feasibility study evaluating the available methods to
capture, store, and use carbon dioxide emitted from the Capitol Power
Plant as a result of burning fossil fuels. In carrying out the
feasibility study, the Architect of the Capitol is encouraged to
consult with individuals with expertise in carbon capture and storage
or use, including experts with the Environmental Protection Agency,
Department of Energy, academic institutions, non-profit organizations,
and industry, as appropriate. The study shall consider--
``(1) the availability of technologies to capture and store or
use Capitol Power Plant carbon dioxide emissions;
``(2) strategies to conserve energy and reduce carbon dioxide
emissions at the Capitol Power Plant; and
``(3) other factors as determined by the Architect of the
Capitol.
``(d) Demonstration Projects.--
``(1) In general.--If the feasibility study determines that a
demonstration project to capture and store or use Capitol Power
Plant carbon dioxide emissions is technologically feasible and
economically justified (including direct and indirect economic and
environmental benefits), the Architect of the Capitol may conduct 1
or more demonstration projects to capture and store or use carbon
dioxide emitted from the Capitol Power Plant as a result of burning
fossil fuels.
``(2) Factors for consideration.--In carrying out such
demonstration projects, the Architect of the Capitol shall
consider--
``(A) the amount of Capitol Power Plant carbon dioxide
emissions to be captured and stored or used;
``(B) whether the proposed project is able to reduce air
pollutants other than carbon dioxide;
``(C) the carbon dioxide energy efficiency of the proposed
project;
``(D) whether the proposed project is able to use carbon
dioxide emissions;
``(E) whether the proposed project could be expanded to
significantly increase the amount of Capitol Power Plant carbon
dioxide emissions to be captured and stored or used;
``(F) the potential environmental, energy, and educational
benefits of demonstrating the capture and storage or use of
carbon dioxide at the U.S. Capitol; and
``(G) other factors as determined by the Architect of the
Capitol.
``(3) Terms and conditions.--A demonstration project funded
under this section shall be subject to such terms and conditions as
the Architect of the Capitol may prescribe.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the feasibility study and demonstration
project $3,000,000. Such sums shall remain available until expended.''.
Subtitle B--Energy Savings Performance Contracting
SEC. 511. AUTHORITY TO ENTER INTO CONTRACTS; REPORTS.
(a) In General.--Section 801(a)(2)(D) of the National Energy
Conservation Policy Act (42 U.S.C. 8287(a)(2)(D)) is amended--
(1) in clause (ii), by inserting ``and'' after the semicolon at
the end;
(2) by striking clause (iii); and
(3) by redesignating clause (iv) as clause (iii).
(b) Reports.--Section 548(a)(2) of the National Energy Conservation
Policy Act (42 U.S.C. 8258(a)(2)) is amended by inserting ``and any
termination penalty exposure'' after ``the energy and cost savings that
have resulted from such contracts''.
(c) Conforming Amendment.--Section 2913 of title 10, United States
Code, is amended by striking subsection (e).
SEC. 512. FINANCING FLEXIBILITY.
Section 801(a)(2) of the National Energy Conservation Policy Act
(42 U.S.C. 8287(a)(2)) is amended by adding at the end the following:
``(E) Funding options.--In carrying out a contract under
this title, a Federal agency may use any combination of--
``(i) appropriated funds; and
``(ii) private financing under an energy savings
performance contract.''.
SEC. 513. PROMOTING LONG-TERM ENERGY SAVINGS PERFORMANCE CONTRACTS AND
VERIFYING SAVINGS.
Section 801(a)(2) of the National Energy Conservation Policy Act
(42 U.S.C. 8287(a)(2)) (as amended by section 512) is amended--
(1) in subparagraph (D), by inserting ``beginning on the date
of the delivery order'' after ``25 years''; and
(2) by adding at the end the following:
``(F) Promotion of contracts.--In carrying out this
section, a Federal agency shall not--
``(i) establish a Federal agency policy that limits the
maximum contract term under subparagraph (D) to a period
shorter than 25 years; or
``(ii) limit the total amount of obligations under
energy savings performance contracts or other private
financing of energy savings measures.
``(G) Measurement and verification requirements for private
financing.--
``(i) In general.--In the case of energy savings
performance contracts, the evaluations and savings
measurement and verification required under paragraphs (2)
and (4) of section 543(f) shall be used by a Federal agency
to meet the requirements for the need for energy audits,
calculation of energy savings, and any other evaluation of
costs and savings needed to implement the guarantee of
savings under this section.
``(ii) Modification of existing contracts.--Not later
than 18 months after the date of enactment of this
subparagraph, each Federal agency shall, to the maximum
extent practicable, modify any indefinite delivery and
indefinite quantity energy savings performance contracts,
and other indefinite delivery and indefinite quantity
contracts using private financing, to conform to the
amendments made by subtitle B of title V of the Energy
Independence and Security Act of 2007.''.
SEC. 514. PERMANENT REAUTHORIZATION.
Section 801 of the National Energy Conservation Policy Act (42
U.S.C. 8287) is amended by striking subsection (c).
SEC. 515. DEFINITION OF ENERGY SAVINGS.
Section 804(2) of the National Energy Conservation Policy Act (42
U.S.C. 8287c(2)) is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as clauses
(i), (ii), and (iii), respectively, and indenting appropriately;
(2) by striking ``means a reduction'' and inserting ``means--
``(A) a reduction'';
(3) by striking the period at the end and inserting a
semicolon; and
(4) by adding at the end the following:
``(B) the increased efficient use of an existing energy
source by cogeneration or heat recovery;
``(C) if otherwise authorized by Federal or State law
(including regulations), the sale or transfer of electrical or
thermal energy generated on-site from renewable energy sources
or cogeneration, but in excess of Federal needs, to utilities
or non-Federal energy users; and
``(D) the increased efficient use of existing water sources
in interior or exterior applications.''.
SEC. 516. RETENTION OF SAVINGS.
Section 546(c) of the National Energy Conservation Policy Act (42
U.S.C. 8256(c)) is amended by striking paragraph (5).
SEC. 517. TRAINING FEDERAL CONTRACTING OFFICERS TO NEGOTIATE ENERGY
EFFICIENCY CONTRACTS.
(a) Program.--The Secretary shall create and administer in the
Federal Energy Management Program a training program to educate Federal
contract negotiation and contract management personnel so that the
contract officers are prepared to--
(1) negotiate energy savings performance contracts;
(2) conclude effective and timely contracts for energy
efficiency services with all companies offering energy efficiency
services; and
(3) review Federal contracts for all products and services for
the potential energy efficiency opportunities and implications of
the contracts.
(b) Schedule.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall plan, staff, announce, and begin training
under the Federal Energy Management Program.
(c) Personnel To Be Trained.--Personnel appropriate to receive
training under the Federal Energy Management Program shall be selected
by and sent for the training from--
(1) the Department of Defense;
(2) the Department of Veterans Affairs;
(3) the Department;
(4) the General Services Administration;
(5) the Department of Housing and Urban Development;
(6) the United States Postal Service; and
(7) all other Federal agencies and departments that enter
contracts for buildings, building services, electricity and
electricity services, natural gas and natural gas services, heating
and air conditioning services, building fuel purchases, and other
types of procurement or service contracts determined by the
Secretary, in carrying out the Federal Energy Management Program,
to offer the potential for energy savings and greenhouse gas
emission reductions if negotiated with taking into account those
goals.
(d) Trainers.--Training under the Federal Energy Management Program
may be conducted by--
(1) attorneys or contract officers with experience in
negotiating and managing contracts described in subsection (c)(7)
from any agency, except that the Secretary shall reimburse the
related salaries and expenses of the attorneys or contract officers
from amounts made available for carrying out this section to the
extent the attorneys or contract officers are not employees of the
Department; and
(2) private experts hired by the Secretary for the purposes of
this section, except that the Secretary may not hire experts who
are simultaneously employed by any company under contract to
provide energy efficiency services to the Federal Government.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $750,000 for
each of fiscal years 2008 through 2012.
SEC. 518. STUDY OF ENERGY AND COST SAVINGS IN NONBUILDING APPLICATIONS.
(a) Definitions.--In this section:
(1) Nonbuilding application.--The term ``nonbuilding
application'' means--
(A) any class of vehicles, devices, or equipment that is
transportable under the power of the applicable vehicle,
device, or equipment by land, sea, or air and that consumes
energy from any fuel source for the purpose of--
(i) that transportation; or
(ii) maintaining a controlled environment within the
vehicle, device, or equipment; and
(B) any federally-owned equipment used to generate
electricity or transport water.
(2) Secondary savings.--
(A) In general.--The term ``secondary savings'' means
additional energy or cost savings that are a direct consequence
of the energy savings that result from the energy efficiency
improvements that were financed and implemented pursuant to an
energy savings performance contract.
(B) Inclusions.--The term ``secondary savings'' includes--
(i) energy and cost savings that result from a
reduction in the need for fuel delivery and logistical
support;
(ii) personnel cost savings and environmental benefits;
and
(iii) in the case of electric generation equipment, the
benefits of increased efficiency in the production of
electricity, including revenues received by the Federal
Government from the sale of electricity so produced.
(b) Study.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary and the Secretary of Defense
shall jointly conduct, and submit to Congress and the President, a
report of, a study of the potential for the use of energy savings
performance contracts to reduce energy consumption and provide
energy and cost savings in nonbuilding applications.
(2) Requirements.--The study under this subsection shall
include--
(A) an estimate of the potential energy and cost savings to
the Federal Government, including secondary savings and
benefits, from increased efficiency in nonbuilding
applications;
(B) an assessment of the feasibility of extending the use
of energy savings performance contracts to nonbuilding
applications, including an identification of any regulatory or
statutory barriers to that use; and
(C) such recommendations as the Secretary and the Secretary
of Defense determine to be appropriate.
Subtitle C--Energy Efficiency in Federal Agencies
SEC. 521. INSTALLATION OF PHOTOVOLTAIC SYSTEM AT DEPARTMENT OF ENERGY
HEADQUARTERS BUILDING.
(a) In General.--The Administrator of General Services shall
install a photovoltaic system, as set forth in the Sun Wall Design
Project, for the headquarters building of the Department located at
1000 Independence Avenue, SW., Washington, DC, commonly known as the
Forrestal Building.
(b) Funding.--There shall be available from the Federal Buildings
Fund established by section 592 of title 40, United States Code,
$30,000,000 to carry out this section. Such sums shall be derived from
the unobligated balance of amounts made available from the Fund for
fiscal year 2007, and prior fiscal years, for repairs and alternations
and other activities (excluding amounts made available for the energy
program). Such sums shall remain available until expended.
SEC. 522. PROHIBITION ON INCANDESCENT LAMPS BY COAST GUARD.
(a) Prohibition.--Except as provided by subsection (b), on and
after January 1, 2009, a general service incandescent lamp shall not be
purchased or installed in a Coast Guard facility by or on behalf of the
Coast Guard.
(b) Exception.--A general service incandescent lamp may be
purchased, installed, and used in a Coast Guard facility whenever the
application of a general service incandescent lamp is--
(1) necessary due to purpose or design, including medical,
security, and industrial applications;
(2) reasonable due to the architectural or historical value of
a light fixture installed before January 1, 2009; or
(3) the Commandant of the Coast Guard determines that
operational requirements necessitate the use of a general service
incandescent lamp.
(c) Limitation.--In this section, the term ``facility'' does not
include a vessel or aircraft of the Coast Guard.
SEC. 523. STANDARD RELATING TO SOLAR HOT WATER HEATERS.
Section 305(a)(3)(A) of the Energy Conservation and Production Act
(42 U.S.C. 6834(a)(3)(A)) is amended--
(1) in clause (i)(II), by striking ``and'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iii) if lifecycle cost-effective, as compared to
other reasonably available technologies, not less than 30
percent of the hot water demand for each new Federal
building or Federal building undergoing a major renovation
be met through the installation and use of solar hot water
heaters.''.
SEC. 524. FEDERALLY-PROCURED APPLIANCES WITH STANDBY POWER.
Section 553 of the National Energy Conservation Policy Act (42
U.S.C. 8259b) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Federally-Procured Appliances With Standby Power.--
``(1) Definition of eligible product.--In this subsection, the
term `eligible product' means a commercially available, off-the-
shelf product that--
``(A)(i) uses external standby power devices; or
``(ii) contains an internal standby power function; and
``(B) is included on the list compiled under paragraph (4).
``(2) Federal purchasing requirement.--Subject to paragraph
(3), if an agency purchases an eligible product, the agency shall
purchase--
``(A) an eligible product that uses not more than 1 watt in
the standby power consuming mode of the eligible product; or
``(B) if an eligible product described in subparagraph (A)
is not available, the eligible product with the lowest
available standby power wattage in the standby power consuming
mode of the eligible product.
``(3) Limitation.--The requirements of paragraph (2) shall
apply to a purchase by an agency only if--
``(A) the lower-wattage eligible product is--
``(i) lifecycle cost-effective; and
``(ii) practicable; and
``(B) the utility and performance of the eligible product
is not compromised by the lower wattage requirement.
``(4) Eligible products.--The Secretary, in consultation with
the Secretary of Defense, the Administrator of the Environmental
Protection Agency, and the Administrator of General Services, shall
compile a publicly accessible list of cost-effective eligible
products that shall be subject to the purchasing requirements of
paragraph (2).''.
SEC. 525. FEDERAL PROCUREMENT OF ENERGY EFFICIENT PRODUCTS.
(a) Amendments.--Section 553 of the National Energy Conservation
Policy Act (42 U.S.C. 8259b) is amended--
(1) in subsection (b)(1), by inserting ``in a product category
covered by the Energy Star program or the Federal Energy Management
Program for designated products'' after ``energy consuming
product''; and
(2) in the second sentence of subsection (c)--
(A) by inserting ``list in their catalogues, represent as
available, and'' after ``Logistics Agency shall''; and
(B) by striking ``where the agency'' and inserting ``in
which the head of the agency''.
(b) Catalogue Listing Deadline.--Not later than 9 months after the
date of enactment of this Act, the General Services Administration and
the Defense Logistics Agency shall ensure that the requirement
established by the amendment made by subsection (a)(2)(A) has been
fully complied with.
SEC. 526. PROCUREMENT AND ACQUISITION OF ALTERNATIVE FUELS.
No Federal agency shall enter into a contract for procurement of an
alternative or synthetic fuel, including a fuel produced from
nonconventional petroleum sources, for any mobility-related use, other
than for research or testing, unless the contract specifies that the
lifecycle greenhouse gas emissions associated with the production and
combustion of the fuel supplied under the contract must, on an ongoing
basis, be less than or equal to such emissions from the equivalent
conventional fuel produced from conventional petroleum sources.
SEC. 527. GOVERNMENT EFFICIENCY STATUS REPORTS.
(a) In General.--Each Federal agency subject to any of the
requirements of this title or the amendments made by this title shall
compile and submit to the Director of the Office of Management and
Budget an annual Government efficiency status report on--
(1) compliance by the agency with each of the requirements of
this title and the amendments made by this title;
(2) the status of the implementation by the agency of
initiatives to improve energy efficiency, reduce energy costs, and
reduce emissions of greenhouse gases; and
(3) savings to the taxpayers of the United States resulting
from mandated improvements under this title and the amendments made
by this title.
(b) Submission.--The report shall be submitted--
(1) to the Director at such time as the Director requires;
(2) in electronic, not paper, format; and
(3) consistent with related reporting requirements.
SEC. 528. OMB GOVERNMENT EFFICIENCY REPORTS AND SCORECARDS.
(a) Reports.--Not later than April 1 of each year, the Director of
the Office of Management and Budget shall submit an annual Government
efficiency report to the Committee on Oversight and Government Reform
of the House of Representatives and the Committee on Governmental
Affairs of the Senate, which shall contain--
(1) a summary of the information reported by agencies under
section 527;
(2) an evaluation of the overall progress of the Federal
Government toward achieving the goals of this title and the
amendments made by this title; and
(3) recommendations for additional actions necessary to meet
the goals of this title and the amendments made by this title.
(b) Scorecards.--The Director of the Office of Management and
Budget shall include in any annual energy scorecard the Director is
otherwise required to submit a description of the compliance of each
agency with the requirements of this title and the amendments made by
this title.
SEC. 529. ELECTRICITY SECTOR DEMAND RESPONSE.
(a) In General.--Title V of the National Energy Conservation Policy
Act (42 U.S.C. 8241 et seq.) is amended by adding at the end the
following:
``PART 5--PEAK DEMAND REDUCTION
``SEC. 571. NATIONAL ACTION PLAN FOR DEMAND RESPONSE.
``(a) National Assessment and Report.--The Federal Energy
Regulatory Commission (`Commission') shall conduct a National
Assessment of Demand Response. The Commission shall, within 18 months
of the date of enactment of this part, submit a report to Congress that
includes each of the following:
``(1) Estimation of nationwide demand response potential in 5
and 10 year horizons, including data on a State-by-State basis, and
a methodology for updates of such estimates on an annual basis.
``(2) Estimation of how much of this potential can be achieved
within 5 and 10 years after the enactment of this part accompanied
by specific policy recommendations that if implemented can achieve
the estimated potential. Such recommendations shall include options
for funding and/or incentives for the development of demand
response resources.
``(3) The Commission shall further note any barriers to demand
response programs offering flexible, non-discriminatory, and fairly
compensatory terms for the services and benefits made available,
and shall provide recommendations for overcoming such barriers.
``(4) The Commission shall seek to take advantage of
preexisting research and ongoing work, and shall insure that there
is no duplication of effort.
``(b) National Action Plan on Demand Response.--The Commission
shall further develop a National Action Plan on Demand Response,
soliciting and accepting input and participation from a broad range of
industry stakeholders, State regulatory utility commissioners, and non-
governmental groups. The Commission shall seek consensus where
possible, and decide on optimum solutions to issues that defy
consensus. Such Plan shall be completed within 1 year after the
completion of the National Assessment of Demand Response, and shall
meet each of the following objectives:
``(1) Identification of requirements for technical assistance
to States to allow them to maximize the amount of demand response
resources that can be developed and deployed.
``(2) Design and identification of requirements for
implementation of a national communications program that includes
broad-based customer education and support.
``(3) Development or identification of analytical tools,
information, model regulatory provisions, model contracts, and
other support materials for use by customers, States, utilities and
demand response providers.
``(c) Upon completion, the National Action Plan on Demand Response
shall be published, together with any favorable and dissenting comments
submitted by participants in its preparation. Six months after
publication, the Commission, together with the Secretary of Energy,
shall submit to Congress a proposal to implement the Action Plan,
including specific proposed assignments of responsibility, proposed
budget amounts, and any agreements secured for participation from State
and other participants.
``(d) Authorization.--There are authorized to be appropriated to
the Commission to carry out this section not more than $10,000,000 for
each of the fiscal years 2008, 2009, and 2010.''.
(b) Table of Contents.--The table of contents for the National
Energy Conservation Policy Act (42 U.S.C. 8201 note) is amended by
adding after the items relating to part 4 of title V the following:
``Part 5--Peak Demand Reduction
``Sec. 571. National Action Plan for Demand Response.''.
Subtitle D--Energy Efficiency of Public Institutions
SEC. 531. REAUTHORIZATION OF STATE ENERGY PROGRAMS.
Section 365(f) of the Energy Policy and Conservation Act (42 U.S.C.
6325(f)) is amended by striking ``$100,000,000 for each of the fiscal
years 2006 and 2007 and $125,000,000 for fiscal year 2008'' and
inserting ``$125,000,000 for each of fiscal years 2007 through 2012''.
SEC. 532. UTILITY ENERGY EFFICIENCY PROGRAMS.
(a) Electric Utilities.--Section 111(d) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by
adding at the end the following:
``(16) Integrated resource planning.--Each electric utility
shall--
``(A) integrate energy efficiency resources into utility,
State, and regional plans; and
``(B) adopt policies establishing cost-effective energy
efficiency as a priority resource.
``(17) Rate design modifications to promote energy efficiency
investments.--
``(A) In general.--The rates allowed to be charged by any
electric utility shall--
``(i) align utility incentives with the delivery of
cost-effective energy efficiency; and
``(ii) promote energy efficiency investments.
``(B) Policy options.--In complying with subparagraph (A),
each State regulatory authority and each nonregulated utility
shall consider--
``(i) removing the throughput incentive and other
regulatory and management disincentives to energy
efficiency;
``(ii) providing utility incentives for the successful
management of energy efficiency programs;
``(iii) including the impact on adoption of energy
efficiency as 1 of the goals of retail rate design,
recognizing that energy efficiency must be balanced with
other objectives;
``(iv) adopting rate designs that encourage energy
efficiency for each customer class;
``(v) allowing timely recovery of energy efficiency-
related costs; and
``(vi) offering home energy audits, offering demand
response programs, publicizing the financial and
environmental benefits associated with making home energy
efficiency improvements, and educating homeowners about all
existing Federal and State incentives, including the
availability of low-cost loans, that make energy efficiency
improvements more affordable.''.
(b) Natural Gas Utilities.--Section 303(b) of the Public Utility
Regulatory Policies Act of 1978 (15 U.S.C. 3203(b)) is amended by
adding at the end the following:
``(5) Energy efficiency.--Each natural gas utility shall--
``(A) integrate energy efficiency resources into the plans
and planning processes of the natural gas utility; and
``(B) adopt policies that establish energy efficiency as a
priority resource in the plans and planning processes of the
natural gas utility.
``(6) Rate design modifications to promote energy efficiency
investments.--
``(A) In general.--The rates allowed to be charged by a
natural gas utility shall align utility incentives with the
deployment of cost-effective energy efficiency.
``(B) Policy options.--In complying with subparagraph (A),
each State regulatory authority and each nonregulated utility
shall consider--
``(i) separating fixed-cost revenue recovery from the
volume of transportation or sales service provided to the
customer;
``(ii) providing to utilities incentives for the
successful management of energy efficiency programs, such
as allowing utilities to retain a portion of the cost-
reducing benefits accruing from the programs;
``(iii) promoting the impact on adoption of energy
efficiency as 1 of the goals of retail rate design,
recognizing that energy efficiency must be balanced with
other objectives; and
``(iv) adopting rate designs that encourage energy
efficiency for each customer class.
For purposes of applying the provisions of this subtitle to
this paragraph, any reference in this subtitle to the date of
enactment of this Act shall be treated as a reference to the
date of enactment of this paragraph.''.
(c) Conforming Amendment.--Section 303(a) of the Public Utility
Regulatory Policies Act of 1978 (15 U.S.C. 3203(a)) is amended by
striking ``and (4)'' inserting ``(4), (5), and (6)''.
Subtitle E--Energy Efficiency and Conservation Block Grants
SEC. 541. DEFINITIONS.
In this subtitle:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State;
(B) an eligible unit of local government; and
(C) an Indian tribe.
(2) Eligible unit of local government.--The term ``eligible
unit of local government'' means--
(A) an eligible unit of local government-alternative 1; and
(B) an eligible unit of local government-alternative 2.
(3)(A) Eligible unit of local government-alternative 1.--The
term ``eligible unit of local government-alternative 1'' means--
(i) a city with a population--
(I) of at least 35,000; or
(II) that causes the city to be 1 of the 10 highest-
populated cities of the State in which the city is located;
and
(ii) a county with a population--
(I) of at least 200,000; or
(II) that causes the county to be 1 of the 10 highest-
populated counties of the State in which the county is
located.
(B) Eligible unit of local government-alternative 2.--The term
``eligible unit of local government-alternative 2'' means--
(i) a city with a population of at least 50,000; or
(ii) a county with a population of at least 200,000.
(4) Indian tribe.--The term ``Indian tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
(5) Program.--The term ``program'' means the Energy Efficiency
and Conservation Block Grant Program established under section
542(a).
(6) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United States.
SEC. 542. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM.
(a) Establishment.--The Secretary shall establish a program, to be
known as the ``Energy Efficiency and Conservation Block Grant
Program'', under which the Secretary shall provide grants to eligible
entities in accordance with this subtitle.
(b) Purpose.--The purpose of the program shall be to assist
eligible entities in implementing strategies--
(1) to reduce fossil fuel emissions created as a result of
activities within the jurisdictions of eligible entities in a
manner that--
(A) is environmentally sustainable; and
(B) to the maximum extent practicable, maximizes benefits
for local and regional communities;
(2) to reduce the total energy use of the eligible entities;
and
(3) to improve energy efficiency in--
(A) the transportation sector;
(B) the building sector; and
(C) other appropriate sectors.
SEC. 543. ALLOCATION OF FUNDS.
(a) In General.--Of amounts made available to provide grants under
this subtitle for each fiscal year, the Secretary shall allocate--
(1) 68 percent to eligible units of local government in
accordance with subsection (b);
(2) 28 percent to States in accordance with subsection (c);
(3) 2 percent to Indian tribes in accordance with subsection
(d); and
(4) 2 percent for competitive grants under section 546.
(b) Eligible Units of Local Government.--Of amounts available for
distribution to eligible units of local government under subsection
(a)(1), the Secretary shall provide grants to eligible units of local
government under this section based on a formula established by the
Secretary according to--
(1) the populations served by the eligible units of local
government, according to the latest available decennial census; and
(2) the daytime populations of the eligible units of local
government and other similar factors (such as square footage of
commercial, office, and industrial space), as determined by the
Secretary.
(c) States.--Of amounts available for distribution to States under
subsection (a)(2), the Secretary shall provide--
(1) not less than 1.25 percent to each State; and
(2) the remainder among the States, based on a formula to be
established by the Secretary that takes into account--
(A) the population of each State; and
(B) any other criteria that the Secretary determines to be
appropriate.
(d) Indian Tribes.--Of amounts available for distribution to Indian
tribes under subsection (a)(3), the Secretary shall establish a formula
for allocation of the amounts to Indian tribes, taking into account any
factors that the Secretary determines to be appropriate.
(e) Publication of Allocation Formulas.--Not later than 90 days
before the beginning of each fiscal year for which grants are provided
under this subtitle, the Secretary shall publish in the Federal
Register the formulas for allocation established under this section.
(f) State and Local Advisory Committee.--The Secretary shall
establish a State and local advisory committee to advise the Secretary
regarding administration, implementation, and evaluation of the
program.
SEC. 544. USE OF FUNDS.
An eligible entity may use a grant received under this subtitle to
carry out activities to achieve the purposes of the program,
including--
(1) development and implementation of an energy efficiency and
conservation strategy under section 545(b);
(2) retaining technical consultant services to assist the
eligible entity in the development of such a strategy, including--
(A) formulation of energy efficiency, energy conservation,
and energy usage goals;
(B) identification of strategies to achieve those goals--
(i) through efforts to increase energy efficiency and
reduce energy consumption; and
(ii) by encouraging behavioral changes among the
population served by the eligible entity;
(C) development of methods to measure progress in achieving
the goals;
(D) development and publication of annual reports to the
population served by the eligible entity describing--
(i) the strategies and goals; and
(ii) the progress made in achieving the strategies and
goals during the preceding calendar year; and
(E) other services to assist in the implementation of the
energy efficiency and conservation strategy;
(3) conducting residential and commercial building energy
audits;
(4) establishment of financial incentive programs for energy
efficiency improvements;
(5) the provision of grants to nonprofit organizations and
governmental agencies for the purpose of performing energy
efficiency retrofits;
(6) development and implementation of energy efficiency and
conservation programs for buildings and facilities within the
jurisdiction of the eligible entity, including--
(A) design and operation of the programs;
(B) identifying the most effective methods for achieving
maximum participation and efficiency rates;
(C) public education;
(D) measurement and verification protocols; and
(E) identification of energy efficient technologies;
(7) development and implementation of programs to conserve
energy used in transportation, including--
(A) use of flex time by employers;
(B) satellite work centers;
(C) development and promotion of zoning guidelines or
requirements that promote energy efficient development;
(D) development of infrastructure, such as bike lanes and
pathways and pedestrian walkways;
(E) synchronization of traffic signals; and
(F) other measures that increase energy efficiency and
decrease energy consumption;
(8) development and implementation of building codes and
inspection services to promote building energy efficiency;
(9) application and implementation of energy distribution
technologies that significantly increase energy efficiency,
including--
(A) distributed resources; and
(B) district heating and cooling systems;
(10) activities to increase participation and efficiency rates
for material conservation programs, including source reduction,
recycling, and recycled content procurement programs that lead to
increases in energy efficiency;
(11) the purchase and implementation of technologies to reduce,
capture, and, to the maximum extent practicable, use methane and
other greenhouse gases generated by landfills or similar sources;
(12) replacement of traffic signals and street lighting with
energy efficient lighting technologies, including--
(A) light emitting diodes; and
(B) any other technology of equal or greater energy
efficiency;
(13) development, implementation, and installation on or in any
government building of the eligible entity of onsite renewable
energy technology that generates electricity from renewable
resources, including--
(A) solar energy;
(B) wind energy;
(C) fuel cells; and
(D) biomass; and
(14) any other appropriate activity, as determined by the
Secretary, in consultation with--
(A) the Administrator of the Environmental Protection
Agency;
(B) the Secretary of Transportation; and
(C) the Secretary of Housing and Urban Development.
SEC. 545. REQUIREMENTS FOR ELIGIBLE ENTITIES.
(a) Construction Requirement.--
(1) In general.--To be eligible to receive a grant under the
program, each eligible applicant shall submit to the Secretary a
written assurance that all laborers and mechanics employed by any
contractor or subcontractor of the eligible entity during any
construction, alteration, or repair activity funded, in whole or in
part, by the grant shall be paid wages at rates not less than the
prevailing wages for similar construction activities in the
locality, as determined by the Secretary of Labor, in accordance
with sections 3141 through 3144, 3146, and 3147 of title 40, United
States Code.
(2) Secretary of labor.--With respect to the labor standards
referred to in paragraph (1), the Secretary of Labor shall have the
authority and functions described in--
(A) Reorganization Plan Numbered 14 of 1950 (5 U.S.C. 903
note); and
(B) section 3145 of title 40, United States Code.
(b) Eligible Units of Local Government and Indian Tribes.--
(1) Proposed strategy.--
(A) In general.--Not later than 1 year after the date on
which an eligible unit of local government or Indian tribe
receives a grant under this subtitle, the eligible unit of
local government or Indian tribe shall submit to the Secretary
a proposed energy efficiency and conservation strategy in
accordance with this paragraph.
(B) Inclusions.--The proposed strategy under subparagraph
(A) shall include--
(i) a description of the goals of the eligible unit of
local government or Indian tribe, in accordance with the
purposes of this subtitle, for increased energy efficiency
and conservation in the jurisdiction of the eligible unit
of local government or Indian tribe; and
(ii) a plan for the use of the grant to assist the
eligible unit of local government or Indian tribe in
achieving those goals, in accordance with section 544.
(C) Requirements for eligible units of local government.--
In developing the strategy under subparagraph (A), an eligible
unit of local government shall--
(i) take into account any plans for the use of funds by
adjacent eligible units of local governments that receive
grants under the program; and
(ii) coordinate and share information with the State in
which the eligible unit of local government is located
regarding activities carried out using the grant to
maximize the energy efficiency and conservation benefits
under this subtitle.
(2) Approval by secretary.--
(A) In general.--The Secretary shall approve or disapprove
a proposed strategy under paragraph (1) by not later than 120
days after the date of submission of the proposed strategy.
(B) Disapproval.--If the Secretary disapproves a proposed
strategy under subparagraph (A)--
(i) the Secretary shall provide to the eligible unit of
local government or Indian tribe the reasons for the
disapproval; and
(ii) the eligible unit of local government or Indian
tribe may revise and resubmit the proposed strategy as many
times as necessary until the Secretary approves a proposed
strategy.
(C) Requirement.--The Secretary shall not provide to an
eligible unit of local government or Indian tribe any grant
under the program until a proposed strategy of the eligible
unit of local government or Indian tribe is approved by the
Secretary under this paragraph.
(3) Limitations on use of funds.--Of amounts provided to an
eligible unit of local government or Indian tribe under the
program, an eligible unit of local government or Indian tribe may
use--
(A) for administrative expenses, excluding the cost of
meeting the reporting requirements of this subtitle, an amount
equal to the greater of--
(i) 10 percent; and
(ii) $75,000;
(B) for the establishment of revolving loan funds, an
amount equal to the greater of--
(i) 20 percent; and
(ii) $250,000; and
(C) for the provision of subgrants to nongovernmental
organizations for the purpose of assisting in the
implementation of the energy efficiency and conservation
strategy of the eligible unit of local government or Indian
tribe, an amount equal to the greater of--
(i) 20 percent; and
(ii) $250,000.
(4) Annual report.--Not later than 2 years after the date on
which funds are initially provided to an eligible unit of local
government or Indian tribe under the program, and annually
thereafter, the eligible unit of local government or Indian tribe
shall submit to the Secretary a report describing--
(A) the status of development and implementation of the
energy efficiency and conservation strategy of the eligible
unit of local government or Indian tribe; and
(B) as practicable, an assessment of energy efficiency
gains within the jurisdiction of the eligible unit of local
government or Indian tribe.
(c) States.--
(1) Distribution of funds.--
(A) In general.--A State that receives a grant under the
program shall use not less than 60 percent of the amount
received to provide subgrants to units of local government in
the State that are not eligible units of local government.
(B) Deadline.--The State shall provide the subgrants
required under subparagraph (A) by not later than 180 days
after the date on which the Secretary approves a proposed
energy efficiency and conservation strategy of the State under
paragraph (3).
(2) Revision of conservation plan; proposed strategy.--Not
later than 120 days after the date of enactment of this Act, each
State shall--
(A) modify the State energy conservation plan of the State
under section 362 of the Energy Policy and Conservation Act (42
U.S.C. 6322) to establish additional goals for increased energy
efficiency and conservation in the State; and
(B) submit to the Secretary a proposed energy efficiency
and conservation strategy that--
(i) establishes a process for providing subgrants as
required under paragraph (1); and
(ii) includes a plan of the State for the use of funds
received under the program to assist the State in achieving
the goals established under subparagraph (A), in accordance
with sections 542(b) and 544.
(3) Approval by secretary.--
(A) In general.--The Secretary shall approve or disapprove
a proposed strategy under paragraph (2)(B) by not later than
120 days after the date of submission of the proposed strategy.
(B) Disapproval.--If the Secretary disapproves a proposed
strategy under subparagraph (A)--
(i) the Secretary shall provide to the State the
reasons for the disapproval; and
(ii) the State may revise and resubmit the proposed
strategy as many times as necessary until the Secretary
approves a proposed strategy.
(C) Requirement.--The Secretary shall not provide to a
State any grant under the program until a proposed strategy of
the State is approved by the Secretary under this paragraph.
(4) Limitations on use of funds.--A State may use not more than
10 percent of amounts provided under the program for administrative
expenses.
(5) Annual reports.--Each State that receives a grant under the
program shall submit to the Secretary an annual report that
describes--
(A) the status of development and implementation of the
energy efficiency and conservation strategy of the State during
the preceding calendar year;
(B) the status of the subgrant program of the State under
paragraph (1);
(C) the energy efficiency gains achieved through the energy
efficiency and conservation strategy of the State during the
preceding calendar year; and
(D) specific energy efficiency and conservation goals of
the State for subsequent calendar years.
SEC. 546. COMPETITIVE GRANTS.
(a) In General.--Of the total amount made available for each fiscal
year to carry out this subtitle, the Secretary shall use not less than
2 percent to provide grants under this section, on a competitive basis,
to--
(1) units of local government (including Indian tribes) that
are not eligible entities; and
(2) consortia of units of local government described in
paragraph (1).
(b) Applications.--To be eligible to receive a grant under this
section, a unit of local government or consortia shall submit to the
Secretary an application at such time, in such manner, and containing
such information as the Secretary may require, including a plan of the
unit of local government to carry out an activity described in section
544.
(c) Priority.--In providing grants under this section, the
Secretary shall give priority to units of local government--
(1) located in States with populations of less than 2,000,000;
or
(2) that plan to carry out projects that would result in
significant energy efficiency improvements or reductions in fossil
fuel use.
SEC. 547. REVIEW AND EVALUATION.
(a) In General.--The Secretary may review and evaluate the
performance of any eligible entity that receives a grant under the
program, including by conducting an audit, as the Secretary determines
to be appropriate.
(b) Withholding of Funds.--The Secretary may withhold from an
eligible entity any portion of a grant to be provided to the eligible
entity under the program if the Secretary determines that the eligible
entity has failed to achieve compliance with--
(1) any applicable guideline or regulation of the Secretary
relating to the program, including the misuse or misappropriation
of funds provided under the program; or
(2) the energy efficiency and conservation strategy of the
eligible entity.
SEC. 548. FUNDING.
(a) Authorization of Appropriations.--
(1) Grants.--There is authorized to be appropriated to the
Secretary for the provision of grants under the program
$2,000,000,000 for each of fiscal years 2008 through 2012; provided
that 49 percent of the appropriated funds shall be distributed
using the definition of eligible unit of local government-
alternative 1 in section 541(3)(A) and 49 percent of the
appropriated funds shall be distributed using the definition of
eligible unit of local government-alternative 2 in section
541(3)(B).
(2) Administrative costs.--There are authorized to be
appropriated to the Secretary for administrative expenses of the
program--
(A) $20,000,000 for each of fiscal years 2008 and 2009;
(B) $25,000,000 for each of fiscal years 2010 and 2011; and
(C) $30,000,000 for fiscal year 2012.
(b) Maintenance of Funding.--The funding provided under this
section shall supplement (and not supplant) other Federal funding
provided under--
(1) a State energy conservation plan established under part D
of title III of the Energy Policy and Conservation Act (42 U.S.C.
6321 et seq.); or
(2) the Weatherization Assistance Program for Low-Income
Persons established under part A of title IV of the Energy
Conservation and Production Act (42 U.S.C. 6861 et seq.).
TITLE VI--ACCELERATED RESEARCH AND DEVELOPMENT
Subtitle A--Solar Energy
SEC. 601. SHORT TITLE.
This subtitle may be cited as the ``Solar Energy Research and
Advancement Act of 2007''.
SEC. 602. THERMAL ENERGY STORAGE RESEARCH AND DEVELOPMENT PROGRAM.
(a) Establishment.--The Secretary shall establish a program of
research and development to provide lower cost and more viable thermal
energy storage technologies to enable the shifting of electric power
loads on demand and extend the operating time of concentrating solar
power electric generating plants.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for carrying out this section $5,000,000
for fiscal year 2008, $7,000,000 for fiscal year 2009, $9,000,000 for
fiscal year 2010, $10,000,000 for fiscal year 2011, and $12,000,000 for
fiscal year 2012.
SEC. 603. CONCENTRATING SOLAR POWER COMMERCIAL APPLICATION STUDIES.
(a) Integration.--The Secretary shall conduct a study on methods to
integrate concentrating solar power and utility-scale photovoltaic
systems into regional electricity transmission systems, and to identify
new transmission or transmission upgrades needed to bring electricity
from high concentrating solar power resource areas to growing electric
power load centers throughout the United States. The study shall
analyze and assess cost-effective approaches for management and large-
scale integration of concentrating solar power and utility-scale
photovoltaic systems into regional electric transmission grids to
improve electric reliability, to efficiently manage load, and to reduce
demand on the natural gas transmission system for electric power. The
Secretary shall submit a report to Congress on the results of this
study not later than 12 months after the date of enactment of this Act.
(b) Water Consumption.--Not later than 6 months after the date of
the enactment of this Act, the Secretary of Energy shall transmit to
Congress a report on the results of a study on methods to reduce the
amount of water consumed by concentrating solar power systems.
SEC. 604. SOLAR ENERGY CURRICULUM DEVELOPMENT AND CERTIFICATION GRANTS.
(a) Establishment.--The Secretary shall establish in the Office of
Solar Energy Technologies a competitive grant program to create and
strengthen solar industry workforce training and internship programs in
installation, operation, and maintenance of solar energy products. The
goal of this program is to ensure a supply of well-trained individuals
to support the expansion of the solar energy industry.
(b) Authorized Activities.--Grant funds may be used to support the
following activities:
(1) Creation and development of a solar energy curriculum
appropriate for the local educational, entrepreneurial, and
environmental conditions, including curriculum for community
colleges.
(2) Support of certification programs for individual solar
energy system installers, instructors, and training programs.
(3) Internship programs that provide hands-on participation by
students in commercial applications.
(4) Activities required to obtain certification of training
programs and facilities by an industry-accepted quality-control
certification program.
(5) Incorporation of solar-specific learning modules into
traditional occupational training and internship programs for
construction-related trades.
(6) The purchase of equipment necessary to carry out activities
under this section.
(7) Support of programs that provide guidance and updates to
solar energy curriculum instructors.
(c) Administration of Grants.--Grants may be awarded under this
section for up to 3 years. The Secretary shall award grants to ensure
sufficient geographic distribution of training programs nationally.
Grants shall only be awarded for programs certified by an industry-
accepted quality-control certification institution, or for new and
growing programs with a credible path to certification. Due
consideration shall be given to women, underrepresented minorities, and
persons with disabilities.
(d) Report.--The Secretary shall make public, on the website of the
Department or upon request, information on the name and institution for
all grants awarded under this section, including a brief description of
the project as well as the grant award amount.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for carrying out this section $10,000,000
for each of the fiscal years 2008 through 2012.
SEC. 605. DAYLIGHTING SYSTEMS AND DIRECT SOLAR LIGHT PIPE TECHNOLOGY.
(a) Establishment.--The Secretary shall establish a program of
research and development to provide assistance in the demonstration and
commercial application of direct solar renewable energy sources to
provide alternatives to traditional power generation for lighting and
illumination, including light pipe technology, and to promote greater
energy conservation and improved efficiency. All direct solar renewable
energy devices supported under this program shall have the capability
to provide measurable data on the amount of kilowatt-hours saved over
the traditionally powered light sources they have replaced.
(b) Reporting.--The Secretary shall transmit to Congress an annual
report assessing the measurable data derived from each project in the
direct solar renewable energy sources program and the energy savings
resulting from its use.
(c) Definitions.--For purposes of this section--
(1) the term ``direct solar renewable energy'' means energy
from a device that converts sunlight into useable light within a
building, tunnel, or other enclosed structure, replacing artificial
light generated by a light fixture and doing so without the
conversion of the sunlight into another form of energy; and
(2) the term ``light pipe'' means a device designed to
transport visible solar radiation from its collection point to the
interior of a building while excluding interior heat gain in the
nonheating season.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for carrying out this section $3,500,000
for each of the fiscal years 2008 through 2012.
SEC. 606. SOLAR AIR CONDITIONING RESEARCH AND DEVELOPMENT PROGRAM.
(a) Establishment.--The Secretary shall establish a research,
development, and demonstration program to promote less costly and more
reliable decentralized distributed solar-powered air conditioning for
individuals and businesses.
(b) Authorized Activities.--Grants made available under this
section may be used to support the following activities:
(1) Advancing solar thermal collectors, including concentrating
solar thermal and electric systems, flat plate and evacuated tube
collector performance.
(2) Achieving technical and economic integration of solar-
powered distributed air-conditioning systems with existing hot
water and storage systems for residential applications.
(3) Designing and demonstrating mass manufacturing capability
to reduce costs of modular standardized solar-powered distributed
air conditioning systems and components.
(4) Improving the efficiency of solar-powered distributed air-
conditioning to increase the effectiveness of solar-powered
absorption chillers, solar-driven compressors and condensors, and
cost-effective precooling approaches.
(5) Researching and comparing performance of solar-powered
distributed air conditioning systems in different regions of the
country, including potential integration with other onsite systems,
such as solar, biogas, geothermal heat pumps, and propane assist or
combined propane fuel cells, with a goal to develop site-specific
energy production and management systems that ease fuel and peak
utility loading.
(c) Cost Sharing.--Section 988 of the Energy Policy Act of 2005 (42
U.S.C. 16352) shall apply to a project carried out under this section.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for carrying out this section $2,500,000
for each of the fiscal years 2008 through 2012.
SEC. 607. PHOTOVOLTAIC DEMONSTRATION PROGRAM.
(a) In General.--The Secretary shall establish a program of grants
to States to demonstrate advanced photovoltaic technology.
(b) Requirements.--
(1) Ability to meet requirements.--To receive funding under the
program under this section, a State must submit a proposal that
demonstrates, to the satisfaction of the Secretary, that the State
will meet the requirements of subsection (f).
(2) Compliance with requirements.--If a State has received
funding under this section for the preceding year, the State must
demonstrate, to the satisfaction of the Secretary, that it complied
with the requirements of subsection (f) in carrying out the program
during that preceding year, and that it will do so in the future,
before it can receive further funding under this section.
(c) Competition.--The Secretary shall award grants on a competitive
basis to the States with the proposals the Secretary considers most
likely to encourage the widespread adoption of photovoltaic
technologies. The Secretary shall take into consideration the
geographic distribution of awards.
(d) Proposals.--Not later than 6 months after the date of enactment
of this Act, and in each subsequent fiscal year for the life of the
program, the Secretary shall solicit proposals from the States to
participate in the program under this section.
(e) Competitive Criteria.--In awarding funds in a competitive
allocation under subsection (c), the Secretary shall consider--
(1) the likelihood of a proposal to encourage the demonstration
of, or lower the costs of, advanced photovoltaic technologies; and
(2) the extent to which a proposal is likely to--
(A) maximize the amount of photovoltaics demonstrated;
(B) maximize the proportion of non-Federal cost share; and
(C) limit State administrative costs.
(f) State Program.--A program operated by a State with funding
under this section shall provide competitive awards for the
demonstration of advanced photovoltaic technologies. Each State program
shall--
(1) require a contribution of at least 60 percent per award
from non-Federal sources, which may include any combination of
State, local, and private funds, except that at least 10 percent of
the funding must be supplied by the State;
(2) endeavor to fund recipients in the commercial, industrial,
institutional, governmental, and residential sectors;
(3) limit State administrative costs to no more than 10 percent
of the grant;
(4) report annually to the Secretary on--
(A) the amount of funds disbursed;
(B) the amount of photovoltaics purchased; and
(C) the results of the monitoring under paragraph (5);
(5) provide for measurement and verification of the output of a
representative sample of the photovoltaics systems demonstrated
throughout the average working life of the systems, or at least 20
years; and
(6) require that applicant buildings must have received an
independent energy efficiency audit during the 6-month period
preceding the filing of the application.
(g) Unexpended Funds.--If a State fails to expend any funds
received under this section within 3 years of receipt, such remaining
funds shall be returned to the Treasury.
(h) Reports.--The Secretary shall report to Congress 5 years after
funds are first distributed to the States under this section--
(1) the amount of photovoltaics demonstrated;
(2) the number of projects undertaken;
(3) the administrative costs of the program;
(4) the results of the monitoring under subsection (f)(5); and
(5) the total amount of funds distributed, including a
breakdown by State.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for the purposes of carrying out this
section--
(1) $15,000,000 for fiscal year 2008;
(2) $30,000,000 for fiscal year 2009;
(3) $45,000,000 for fiscal year 2010;
(4) $60,000,000 for fiscal year 2011; and
(5) $70,000,000 for fiscal year 2012.
Subtitle B--Geothermal Energy
SEC. 611. SHORT TITLE.
This subtitle may be cited as the ``Advanced Geothermal Energy
Research and Development Act of 2007''.
SEC. 612. DEFINITIONS.
For purposes of this subtitle:
(1) Engineered.--When referring to enhanced geothermal systems,
the term ``engineered'' means subjected to intervention, including
intervention to address one or more of the following issues:
(A) Lack of effective permeability or porosity or open
fracture connectivity within the reservoir.
(B) Insufficient contained geofluid in the reservoir.
(C) A low average geothermal gradient, which necessitates
deeper drilling.
(2) Enhanced geothermal systems.--The term ``enhanced
geothermal systems'' means geothermal reservoir systems that are
engineered, as opposed to occurring naturally.
(3) Geofluid.--The term ``geofluid'' means any fluid used to
extract thermal energy from the Earth which is transported to the
surface for direct use or electric power generation, except that
such term shall not include oil or natural gas.
(4) Geopressured resources.--The term ``geopressured
resources'' mean geothermal deposits found in sedimentary rocks
under higher than normal pressure and saturated with gas or
methane.
(5) Geothermal.--The term ``geothermal'' refers to heat energy
stored in the Earth's crust that can be accessed for direct use or
electric power generation.
(6) Hydrothermal.--The term ``hydrothermal'' refers to
naturally occurring subsurface reservoirs of hot water or steam.
(7) Systems approach.--The term ``systems approach'' means an
approach to solving problems or designing systems that attempts to
optimize the performance of the overall system, rather than a
particular component of the system.
SEC. 613. HYDROTHERMAL RESEARCH AND DEVELOPMENT.
(a) In General.--The Secretary shall support programs of research,
development, demonstration, and commercial application to expand the
use of geothermal energy production from hydrothermal systems,
including the programs described in subsection (b).
(b) Programs.--
(1) Advanced hydrothermal resource tools.--The Secretary, in
consultation with other appropriate agencies, shall support a
program to develop advanced geophysical, geochemical, and geologic
tools to assist in locating hidden hydrothermal resources, and to
increase the reliability of site characterization before, during,
and after initial drilling. The program shall develop new
prospecting techniques to assist in prioritization of targets for
characterization. The program shall include a field component.
(2) Industry coupled exploratory drilling.--The Secretary shall
support a program of cost-shared field demonstration programs, to
be pursued, simultaneously and independently, in collaboration with
industry partners, for the demonstration of advanced technologies
and techniques of siting and exploratory drilling for undiscovered
resources in a variety of geologic settings. The program shall
include incentives to encourage the use of advanced technologies
and techniques.
SEC. 614. GENERAL GEOTHERMAL SYSTEMS RESEARCH AND DEVELOPMENT.
(a) Subsurface Components and Systems.--The Secretary shall support
a program of research, development, demonstration, and commercial
application of components and systems capable of withstanding extreme
geothermal environments and necessary to cost-effectively develop,
produce, and monitor geothermal reservoirs and produce geothermal
energy. These components and systems shall include advanced casing
systems (expandable tubular casing, low-clearance casing designs, and
others), high-temperature cements, high-temperature submersible pumps,
and high-temperature packers, as well as technologies for under-
reaming, multilateral completions, high-temperature and high-pressure
logging, logging while drilling, deep fracture stimulation, and
reservoir system diagnostics.
(b) Reservoir Performance Modeling.--The Secretary shall support a
program of research, development, demonstration, and commercial
application of models of geothermal reservoir performance, with an
emphasis on accurately modeling performance over time. Models shall be
developed to assist both in the development of geothermal reservoirs
and to more accurately account for stress-related effects in stimulated
hydrothermal and enhanced geothermal systems production environments.
(c) Environmental Impacts.--The Secretary shall--
(1) support a program of research, development, demonstration,
and commercial application of technologies and practices designed
to mitigate or preclude potential adverse environmental impacts of
geothermal energy development, production or use, and seek to
ensure that geothermal energy development is consistent with the
highest practicable standards of environmental stewardship;
(2) in conjunction with the Assistant Administrator for
Research and Development at the Environmental Protection Agency,
support a research program to identify potential environmental
impacts of geothermal energy development, production, and use, and
ensure that the program described in paragraph (1) addresses such
impacts, including effects on groundwater and local hydrology; and
(3) support a program of research to compare the potential
environmental impacts identified as part of the development,
production, and use of geothermal energy with the potential
emission reductions of greenhouse gases gained by geothermal energy
development, production, and use.
SEC. 615. ENHANCED GEOTHERMAL SYSTEMS RESEARCH AND DEVELOPMENT.
(a) In General.--The Secretary shall support a program of research,
development, demonstration, and commercial application for enhanced
geothermal systems, including the programs described in subsection (b).
(b) Programs.--
(1) Enhanced geothermal systems technologies.--The Secretary
shall support a program of research, development, demonstration,
and commercial application of the technologies and knowledge
necessary for enhanced geothermal systems to advance to a state of
commercial readiness, including advances in--
(A) reservoir stimulation;
(B) reservoir characterization, monitoring, and modeling;
(C) stress mapping;
(D) tracer development;
(E) three-dimensional tomography; and
(F) understanding seismic effects of reservoir engineering
and stimulation.
(2) Enhanced geothermal systems reservoir stimulation.--
(A) Program.--In collaboration with industry partners, the
Secretary shall support a program of research, development, and
demonstration of enhanced geothermal systems reservoir
stimulation technologies and techniques. A minimum of 4 sites
shall be selected in locations that show particular promise for
enhanced geothermal systems development. Each site shall--
(i) represent a different class of subsurface geologic
environments; and
(ii) take advantage of an existing site where
subsurface characterization has been conducted or existing
drill holes can be utilized, if possible.
(B) Consideration of existing site.--The Desert Peak,
Nevada, site, where a Department of Energy and industry
cooperative enhanced geothermal systems project is already
underway, may be considered for inclusion among the sites
selected under subparagraph (A).
SEC. 616. GEOTHERMAL ENERGY PRODUCTION FROM OIL AND GAS FIELDS AND
RECOVERY AND PRODUCTION OF GEOPRESSURED GAS RESOURCES.
(a) In General.--The Secretary shall establish a program of
research, development, demonstration, and commercial application to
support development of geothermal energy production from oil and gas
fields and production and recovery of energy, including electricity,
from geopressured resources. In addition, the Secretary shall conduct
such supporting activities including research, resource
characterization, and technology development as necessary.
(b) Geothermal Energy Production From Oil and Gas Fields.--The
Secretary shall implement a grant program in support of geothermal
energy production from oil and gas fields. The program shall include
grants for a total of not less than three demonstration projects of the
use of geothermal techniques such as advanced organic rankine cycle
systems at marginal, unproductive, and productive oil and gas wells.
The Secretary shall, to the extent practicable and in the public
interest, make awards that--
(1) include not less than five oil or gas well sites per
project award;
(2) use a range of oil or gas well hot water source
temperatures from 150 degrees Fahrenheit to 300 degrees Fahrenheit;
(3) cover a range of sizes up to one megawatt;
(4) are located at a range of sites;
(5) can be replicated at a wide range of sites;
(6) facilitate identification of optimum techniques among
competing alternatives;
(7) include business commercialization plans that have the
potential for production of equipment at high volumes and operation
and support at a large number of sites; and
(8) satisfy other criteria that the Secretary determines are
necessary to carry out the program and collect necessary data and
information.
The Secretary shall give preference to assessments that address
multiple elements contained in paragraphs (1) through (8).
(c) Grant Awards.--Each grant award for demonstration of geothermal
technology such as advanced organic rankine cycle systems at oil and
gas wells made by the Secretary under subsection (b) shall include--
(1) necessary and appropriate site engineering study;
(2) detailed economic assessment of site specific conditions;
(3) appropriate feasibility studies to determine whether the
demonstration can be replicated;
(4) design or adaptation of existing technology for site
specific circumstances or conditions;
(5) installation of equipment, service, and support;
(6) operation for a minimum of 1 year and monitoring for the
duration of the demonstration; and
(7) validation of technical and economic assumptions and
documentation of lessons learned.
(d) Geopressured Gas Resource Recovery and Production.--(1) The
Secretary shall implement a program to support the research,
development, demonstration, and commercial application of cost-
effective techniques to produce energy from geopressured resources.
(2) The Secretary shall solicit preliminary engineering designs for
geopressured resources production and recovery facilities.
(3) Based upon a review of the preliminary designs, the Secretary
shall award grants, which may be cost-shared, to support the detailed
development and completion of engineering, architectural and technical
plans needed to support construction of new designs.
(4) Based upon a review of the final design plans above, the
Secretary shall award cost-shared development and construction grants
for demonstration geopressured production facilities that show
potential for economic recovery of the heat, kinetic energy and gas
resources from geopressured resources.
(e) Competitive Grant Selection.--Not less than 90 days after the
date of the enactment of this Act, the Secretary shall conduct a
national solicitation for applications for grants under the programs
outlined in subsections (b) and (d). Grant recipients shall be selected
on a competitive basis based on criteria in the respective subsection.
(f) Well Drilling.--No funds may be used under this section for the
purpose of drilling new wells.
SEC. 617. COST SHARING AND PROPOSAL EVALUATION.
(a) Federal Share.--The Federal share of costs of projects funded
under this subtitle shall be in accordance with section 988 of the
Energy Policy Act of 2005.
(b) Organization and Administration of Programs.--Programs under
this subtitle shall incorporate the following elements:
(1) The Secretary shall coordinate with, and where appropriate
may provide funds in furtherance of the purposes of this subtitle
to, other Department of Energy research and development programs
focused on drilling, subsurface characterization, and other related
technologies.
(2) In evaluating proposals, the Secretary shall give priority
to proposals that demonstrate clear evidence of employing a systems
approach.
(3) The Secretary shall coordinate and consult with the
appropriate Federal land management agencies in selecting proposals
for funding under this subtitle.
(4) Nothing in this subtitle shall be construed to alter or
affect any law relating to the management or protection of Federal
lands.
SEC. 618. CENTER FOR GEOTHERMAL TECHNOLOGY TRANSFER.
(a) In General.--The Secretary shall award to an institution of
higher education (or consortium thereof) a grant to establish a Center
for Geothermal Technology Transfer (referred to in this section as the
``Center'').
(b) Duties.--The Center shall--
(1) serve as an information clearinghouse for the geothermal
industry by collecting and disseminating information on best
practices in all areas relating to developing and utilizing
geothermal resources;
(2) make data collected by the Center available to the public;
and
(3) seek opportunities to coordinate efforts and share
information with domestic and international partners engaged in
research and development of geothermal systems and related
technology.
(c) Selection Criteria.--In awarding the grant under subsection (a)
the Secretary shall select an institution of higher education (or
consortium thereof) best suited to provide national leadership on
geothermal related issues and perform the duties enumerated under
subsection (b).
(d) Duration of Grant.--A grant made under subsection (a)--
(1) shall be for an initial period of 5 years; and
(2) may be renewed for additional 5-year periods on the basis
of--
(A) satisfactory performance in meeting the duties outlined
in subsection (b); and
(B) any other requirements specified by the Secretary.
SEC. 619. GEOPOWERING AMERICA.
The Secretary shall expand the Department of Energy's GeoPowering
the West program to extend its geothermal technology transfer
activities throughout the entire United States. The program shall be
renamed ``GeoPowering America''. The program shall continue to be based
in the Department of Energy office in Golden, Colorado.
SEC. 620. EDUCATIONAL PILOT PROGRAM.
The Secretary shall seek to award grant funding, on a competitive
basis, to an institution of higher education for a geothermal-powered
energy generation facility on the institution's campus. The purpose of
the facility shall be to provide electricity and space heating. The
facility shall also serve as an educational resource to students in
relevant fields of study, and the data generated by the facility shall
be available to students and the general public. The total funding
award shall not exceed $2,000,000.
SEC. 621. REPORTS.
(a) Reports on Advanced Uses of Geothermal Energy.--Not later than
3 years and 5 years after the date of enactment of this Act, the
Secretary shall report to the Committee on Science and Technology of
the House of Representatives and the Committee on Energy and Natural
Resources of the Senate on advanced concepts and technologies to
maximize the geothermal resource potential of the United States. The
reports shall include--
(1) the use of carbon dioxide as an alternative geofluid with
potential carbon sequestration benefits;
(2) mineral recovery from geofluids;
(3) use of geothermal energy to produce hydrogen;
(4) use of geothermal energy to produce biofuels;
(5) use of geothermal heat for oil recovery from oil shales and
tar sands; and
(6) other advanced geothermal technologies, including advanced
drilling technologies and advanced power conversion technologies.
(b) Progress Reports.--(1) Not later than 36 months after the date
of enactment of this Act, the Secretary shall submit to the Committee
on Science and Technology of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate an interim
report describing the progress made under this subtitle. At the end of
60 months, the Secretary shall submit to Congress a report on the
results of projects undertaken under this subtitle and other such
information the Secretary considers appropriate.
(2) As necessary, the Secretary shall report to the Congress on any
legal, regulatory, or other barriers encountered that hinder economic
development of these resources, and provide recommendations on
legislative or other actions needed to address such impediments.
SEC. 622. APPLICABILITY OF OTHER LAWS.
Nothing in this subtitle shall be construed as waiving, modifying,
or superseding the applicability of any requirement under any
environmental or other Federal or State law. To the extent that
activities authorized in this subtitle take place in coastal and ocean
areas, the Secretary shall consult with the Secretary of Commerce,
acting through the Under Secretary of Commerce for Oceans and
Atmosphere, regarding the potential marine environmental impacts and
measures to address such impacts.
SEC. 623. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to carry
out this subtitle $90,000,000 for each of the fiscal years 2008 through
2012, of which $10,000,000 for each fiscal year shall be for carrying
out section 616. There are also authorized to be appropriated to the
Secretary for the Intermountain West Geothermal Consortium $5,000,000
for each of the fiscal years 2008 through 2012.
SEC. 624. INTERNATIONAL GEOTHERMAL ENERGY DEVELOPMENT.
(a) In General.--The Secretary of Energy, in coordination with
other appropriate Federal and multilateral agencies (including the
United States Agency for International Development) shall support
international collaborative efforts to promote the research,
development, and deployment of geothermal technologies used to develop
hydrothermal and enhanced geothermal system resources, including as
partners (as appropriate) the African Rift Geothermal Development
Facility, Australia, China, France, the Republic of Iceland, India,
Japan, and the United Kingdom.
(b) United States Trade and Development Agency.--The Director of
the United States Trade and Development Agency may--
(1) encourage participation by United States firms in actions
taken to carry out subsection (a); and
(2) provide grants and other financial support for feasibility
and resource assessment studies conducted in, or intended to
benefit, less developed countries.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2008 through 2012.
SEC. 625. HIGH COST REGION GEOTHERMAL ENERGY GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a utility;
(B) an electric cooperative;
(C) a State;
(D) a political subdivision of a State;
(E) an Indian tribe; or
(F) a Native corporation.
(2) High-cost region.--The term ``high-cost region'' means a
region in which the average cost of electrical power exceeds 150
percent of the national average retail cost, as determined by the
Secretary.
(b) Program.--The Secretary shall use amounts made available to
carry out this section to make grants to eligible entities for
activities described in subsection (c).
(c) Eligible Activities.--An eligible entity may use grant funds
under this section, with respect to a geothermal energy project in a
high-cost region, only--
(1) to conduct a feasibility study, including a study of
exploration, geochemical testing, geomagnetic surveys, geologic
information gathering, baseline environmental studies, well
drilling, resource characterization, permitting, and economic
analysis;
(2) for design and engineering costs, relating to the project;
and
(3) to demonstrate and promote commercial application of
technologies related to geothermal energy as part of the project.
(d) Cost Sharing.--The cost-sharing requirements of section 988 of
the Energy Policy Act of 2005 (42 U.S.C. 16352) shall apply to any
project carried out under this section.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
Subtitle C--Marine and Hydrokinetic Renewable Energy Technologies
SEC. 631. SHORT TITLE.
This subtitle may be cited as the ``Marine and Hydrokinetic
Renewable Energy Research and Development Act''.
SEC. 632. DEFINITION.
For purposes of this subtitle, the term ``marine and hydrokinetic
renewable energy'' means electrical energy from--
(1) waves, tides, and currents in oceans, estuaries, and tidal
areas;
(2) free flowing water in rivers, lakes, and streams;
(3) free flowing water in man-made channels; and
(4) differentials in ocean temperature (ocean thermal energy
conversion).
The term ``marine and hydrokinetic renewable energy'' does not include
energy from any source that uses a dam, diversionary structure, or
impoundment for electric power purposes.
SEC. 633. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH AND
DEVELOPMENT.
(a) In General.--The Secretary, in consultation with the Secretary
of the Interior and the Secretary of Commerce, acting through the Under
Secretary of Commerce for Oceans and Atmosphere, shall establish a
program of research, development, demonstration, and commercial
application to expand marine and hydrokinetic renewable energy
production, including programs to--
(1) study and compare existing marine and hydrokinetic
renewable energy technologies;
(2) research, develop, and demonstrate marine and hydrokinetic
renewable energy systems and technologies;
(3) reduce the manufacturing and operation costs of marine and
hydrokinetic renewable energy technologies;
(4) investigate efficient and reliable integration with the
utility grid and intermittency issues;
(5) advance wave forecasting technologies;
(6) conduct experimental and numerical modeling for
optimization of marine energy conversion devices and arrays;
(7) increase the reliability and survivability of marine and
hydrokinetic renewable energy technologies, including development
of corrosive-resistant materials;
(8) identify, in conjunction with the Secretary of Commerce,
acting through the Under Secretary of Commerce for Oceans and
Atmosphere, and other Federal agencies as appropriate, the
potential environmental impacts, including potential impacts on
fisheries and other marine resources, of marine and hydrokinetic
renewable energy technologies, measures to prevent adverse impacts,
and technologies and other means available for monitoring and
determining environmental impacts;
(9) identify, in conjunction with the Secretary of the
Department in which the United States Coast Guard is operating,
acting through the Commandant of the United States Coast Guard, the
potential navigational impacts of marine and hydrokinetic renewable
energy technologies and measures to prevent adverse impacts on
navigation;
(10) develop power measurement standards for marine and
hydrokinetic renewable energy;
(11) develop identification standards for marine and
hydrokinetic renewable energy devices;
(12) address standards development, demonstration, and
technology transfer for advanced systems engineering and system
integration methods to identify critical interfaces;
(13) identifying opportunities for cross fertilization and
development of economies of scale between other renewable sources
and marine and hydrokinetic renewable energy sources; and
(14) providing public information and opportunity for public
comment concerning all technologies.
(b) Report.--Not later than 18 months after the date of enactment
of this Act, the Secretary, in conjunction with the Secretary of
Commerce, acting through the Undersecretary of Commerce for Oceans and
Atmosphere, and the Secretary of the Interior, shall provide to the
Congress a report that addresses--
(1) the potential environmental impacts, including impacts to
fisheries and marine resources, of marine and hydrokinetic
renewable energy technologies;
(2) options to prevent adverse environmental impacts;
(3) the potential role of monitoring and adaptive management in
identifying and addressing any adverse environmental impacts; and
(4) the necessary components of such an adaptive management
program.
SEC. 634. NATIONAL MARINE RENEWABLE ENERGY RESEARCH, DEVELOPMENT, AND
DEMONSTRATION CENTERS.
(a) Centers.--The Secretary shall award grants to institutions of
higher education (or consortia thereof) for the establishment of 1 or
more National Marine Renewable Energy Research, Development, and
Demonstration Centers. In selecting locations for Centers, the
Secretary shall consider sites that meet one of the following criteria:
(1) Hosts an existing marine renewable energy research and
development program in coordination with an engineering program at
an institution of higher education.
(2) Has proven expertise to support environmental and policy-
related issues associated with harnessing of energy in the marine
environment.
(3) Has access to and utilizes the marine resources in the Gulf
of Mexico, the Atlantic Ocean, or the Pacific Ocean.
The Secretary may give special consideration to historically black
colleges and universities and land grant universities that also meet
one of these criteria. In establishing criteria for the selection of
the Centers, the Secretary shall consult with the Secretary of
Commerce, acting through the Under Secretary of Commerce for Oceans and
Atmosphere, on the criteria related to ocean waves, tides, and currents
including those for advancing wave forecasting technologies, ocean
temperature differences, and studying the compatibility of marine
renewable energy technologies and systems with the environment,
fisheries, and other marine resources.
(b) Purposes.--The Centers shall advance research, development,
demonstration, and commercial application of marine renewable energy,
and shall serve as an information clearinghouse for the marine
renewable energy industry, collecting and disseminating information on
best practices in all areas related to developing and managing enhanced
marine renewable energy systems resources.
(c) Demonstration of Need.--When applying for a grant under this
section, an applicant shall include a description of why Federal
support is necessary for the Center, including evidence that the
research of the Center will not be conducted in the absence of Federal
support.
SEC. 635. APPLICABILITY OF OTHER LAWS.
Nothing in this subtitle shall be construed as waiving, modifying,
or superseding the applicability of any requirement under any
environmental or other Federal or State law.
SEC. 636. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to carry
out this subtitle $50,000,000 for each of the fiscal years 2008 through
2012, except that no funds shall be appropriated under this section for
activities that are receiving funds under section 931(a)(2)(E)(i) of
the Energy Policy Act of 2005 (42 U.S.C. 16231(a)(2)(E)(i)).
Subtitle D--Energy Storage for Transportation and Electric Power
SEC. 641. ENERGY STORAGE COMPETITIVENESS.
(a) Short Title.--This section may be cited as the ``United States
Energy Storage Competitiveness Act of 2007''.
(b) Definitions.--In this section:
(1) Council.--The term ``Council'' means the Energy Storage
Advisory Council established under subsection (e).
(2) Compressed air energy storage.--The term ``compressed air
energy storage'' means, in the case of an electricity grid
application, the storage of energy through the compression of air.
(3) Electric drive vehicle.--The term ``electric drive
vehicle'' means--
(A) a vehicle that uses an electric motor for all or part
of the motive power of the vehicle, including battery electric,
hybrid electric, plug-in hybrid electric, fuel cell, and plug-
in fuel cell vehicles and rail transportation vehicles; or
(B) mobile equipment that uses an electric motor to replace
an internal combustion engine for all or part of the work of
the equipment.
(4) Islanding.--The term ``islanding'' means a distributed
generator or energy storage device continuing to power a location
in the absence of electric power from the primary source.
(5) Flywheel.--The term ``flywheel'' means, in the case of an
electricity grid application, a device used to store rotational
kinetic energy.
(6) Microgrid.--The term ``microgrid'' means an integrated
energy system consisting of interconnected loads and distributed
energy resources (including generators and energy storage devices),
which as an integrated system can operate in parallel with the
utility grid or in an intentional islanding mode.
(7) Self-healing grid.--The term ``self-healing grid'' means a
grid that is capable of automatically anticipating and responding
to power system disturbances (including the isolation of failed
sections and components), while optimizing the performance and
service of the grid to customers.
(8) Spinning reserve services.--The term ``spinning reserve
services'' means a quantity of electric generating capacity in
excess of the quantity needed to meet peak electric demand.
(9) Ultracapacitor.--The term ``ultracapacitor'' means an
energy storage device that has a power density comparable to a
conventional capacitor but is capable of exceeding the energy
density of a conventional capacitor by several orders of magnitude.
(c) Program.--The Secretary shall carry out a research,
development, and demonstration program to support the ability of the
United States to remain globally competitive in energy storage systems
for electric drive vehicles, stationary applications, and electricity
transmission and distribution.
(d) Coordination.--In carrying out the activities of this section,
the Secretary shall coordinate relevant efforts with appropriate
Federal agencies, including the Department of Transportation.
(e) Energy Storage Advisory Council.--
(1) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish an Energy
Storage Advisory Council.
(2) Composition.--
(A) In general.--Subject to subparagraph (B), the Council
shall consist of not less than 15 individuals appointed by the
Secretary, based on recommendations of the National Academy of
Sciences.
(B) Energy storage industry.--The Council shall consist
primarily of representatives of the energy storage industry of
the United States.
(C) Chairperson.--The Secretary shall select a Chairperson
for the Council from among the members appointed under
subparagraph (A).
(3) Meetings.--
(A) In general.--The Council shall meet not less than once
a year.
(B) Federal advisory committee act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall apply to a meeting of the
Council.
(4) Plans.--No later than 1 year after the date of enactment of
this Act and every 5 years thereafter, the Council, in conjunction
with the Secretary, shall develop a 5-year plan for integrating
basic and applied research so that the United States retains a
globally competitive domestic energy storage industry for electric
drive vehicles, stationary applications, and electricity
transmission and distribution.
(5) Review.--The Council shall--
(A) assess, every 2 years, the performance of the
Department in meeting the goals of the plans developed under
paragraph (4); and
(B) make specific recommendations to the Secretary on
programs or activities that should be established or terminated
to meet those goals.
(f) Basic Research Program.--
(1) Basic research.--The Secretary shall conduct a basic
research program on energy storage systems to support electric
drive vehicles, stationary applications, and electricity
transmission and distribution, including--
(A) materials design;
(B) materials synthesis and characterization;
(C) electrode-active materials, including electrolytes and
bioelectrolytes;
(D) surface and interface dynamics;
(E) modeling and simulation; and
(F) thermal behavior and life degradation mechanisms.
(2) Nanoscience centers.--The Secretary, in cooperation with
the Council, shall coordinate the activities of the nanoscience
centers of the Department to help the energy storage research
centers of the Department maintain a globally competitive posture
in energy storage systems for electric drive vehicles, stationary
applications, and electricity transmission and distribution.
(3) Funding.--For activities carried out under this subsection,
in addition to funding activities at National Laboratories, the
Secretary shall award funds to, and coordinate activities with, a
range of stakeholders including the public, private, and academic
sectors.
(g) Applied Research Program.--
(1) In general.--The Secretary shall conduct an applied
research program on energy storage systems to support electric
drive vehicles, stationary applications, and electricity
transmission and distribution technologies, including--
(A) ultracapacitors;
(B) flywheels;
(C) batteries and battery systems (including flow
batteries);
(D) compressed air energy systems;
(E) power conditioning electronics;
(F) manufacturing technologies for energy storage systems;
(G) thermal management systems; and
(H) hydrogen as an energy storage medium.
(2) Funding.--For activities carried out under this subsection,
in addition to funding activities at National Laboratories, the
Secretary shall provide funds to, and coordinate activities with, a
range of stakeholders, including the public, private, and academic
sectors.
(h) Energy Storage Research Centers.--
(1) In general.--The Secretary shall establish, through
competitive bids, not more than 4 energy storage research centers
to translate basic research into applied technologies to advance
the capability of the United States to maintain a globally
competitive posture in energy storage systems for electric drive
vehicles, stationary applications, and electricity transmission and
distribution.
(2) Program management.--The centers shall be managed by the
Under Secretary for Science of the Department.
(3) Participation agreements.--As a condition of participating
in a center, a participant shall enter into a participation
agreement with the center that requires that activities conducted
by the participant for the center promote the goal of enabling the
United States to compete successfully in global energy storage
markets.
(4) Plans.--A center shall conduct activities that promote the
achievement of the goals of the plans of the Council under
subsection (e)(4).
(5) National laboratories.--A national laboratory (as defined
in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801))
may participate in a center established under this subsection,
including a cooperative research and development agreement (as
defined in section 12(d) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a(d))).
(6) Disclosure.--Section 623 of the Energy Policy Act of 1992
(42 U.S.C. 13293) may apply to any project carried out through a
grant, contract, or cooperative agreement under this subsection.
(7) Intellectual property.--In accordance with section
202(a)(ii) of title 35, United States Code, section 152 of the
Atomic Energy Act of 1954 (42 U.S.C. 2182), and section 9 of the
Federal Nonnuclear Energy Research and Development Act of 1974 (42
U.S.C. 5908), the Secretary may require, for any new invention
developed under this subsection, that--
(A) if an industrial participant is active in a energy
storage research center established under this subsection
relating to the advancement of energy storage technologies
carried out, in whole or in part, with Federal funding, the
industrial participant be granted the first option to negotiate
with the invention owner, at least in the field of energy
storage technologies, nonexclusive licenses, and royalties on
terms that are reasonable, as determined by the Secretary;
(B) if 1 or more industry participants are active in a
center, during a 2-year period beginning on the date on which
an invention is made--
(i) the patent holder shall not negotiate any license
or royalty agreement with any entity that is not an
industrial participant under this subsection; and
(ii) the patent holder shall negotiate nonexclusive
licenses and royalties in good faith with any interested
industrial participant under this subsection; and
(C) the new invention be developed under such other terms
as the Secretary determines to be necessary to promote the
accelerated commercialization of inventions made under this
subsection to advance the capability of the United States to
successfully compete in global energy storage markets.
(i) Energy Storage Systems Demonstrations.--
(1) In general.--The Secretary shall carry out a program of new
demonstrations of advanced energy storage systems.
(2) Scope.--The demonstrations shall--
(A) be regionally diversified; and
(B) expand on the existing technology demonstration program
of the Department.
(3) Stakeholders.--In carrying out the demonstrations, the
Secretary shall, to the maximum extent practicable, include the
participation of a range of stakeholders, including--
(A) rural electric cooperatives;
(B) investor owned utilities;
(C) municipally owned electric utilities;
(D) energy storage systems manufacturers;
(E) electric drive vehicle manufacturers;
(F) the renewable energy production industry;
(G) State or local energy offices;
(H) the fuel cell industry; and
(I) institutions of higher education.
(4) Objectives.--Each of the demonstrations shall include 1 or
more of the following:
(A) Energy storage to improve the feasibility of microgrids
or islanding, or transmission and distribution capability, to
improve reliability in rural areas.
(B) Integration of an energy storage system with a self-
healing grid.
(C) Use of energy storage to improve security to emergency
response infrastructure and ensure availability of emergency
backup power for consumers.
(D) Integration with a renewable energy production source,
at the source or away from the source.
(E) Use of energy storage to provide ancillary services,
such as spinning reserve services, for grid management.
(F) Advancement of power conversion systems to make the
systems smarter, more efficient, able to communicate with other
inverters, and able to control voltage.
(G) Use of energy storage to optimize transmission and
distribution operation and power quality, which could address
overloaded lines and maintenance of transformers and
substations.
(H) Use of advanced energy storage for peak load management
of homes, businesses, and the grid.
(I) Use of energy storage devices to store energy during
nonpeak generation periods to make better use of existing grid
assets.
(j) Vehicle Energy Storage Demonstration.--
(1) In general.--The Secretary shall carry out a program of
electric drive vehicle energy storage technology demonstrations.
(2) Consortia.--The technology demonstrations shall be
conducted through consortia, which may include--
(A) energy storage systems manufacturers and suppliers of
the manufacturers;
(B) electric drive vehicle manufacturers;
(C) rural electric cooperatives;
(D) investor owned utilities;
(E) municipal and rural electric utilities;
(F) State and local governments;
(G) metropolitan transportation authorities; and
(H) institutions of higher education.
(3) Objectives.--The program shall demonstrate 1 or more of the
following:
(A) Novel, high capacity, high efficiency energy storage,
charging, and control systems, along with the collection of
data on performance characteristics, such as battery life,
energy storage capacity, and power delivery capacity.
(B) Advanced onboard energy management systems and highly
efficient battery cooling systems.
(C) Integration of those systems on a prototype vehicular
platform, including with drivetrain systems for passenger,
commercial, and nonroad electric drive vehicles.
(D) New technologies and processes that reduce
manufacturing costs.
(E) Integration of advanced vehicle technologies with
electricity distribution system and smart metering technology.
(F) Control systems that minimize emissions profiles in
cases in which clean diesel engines are part of a plug-in
hybrid drive system.
(k) Secondary Applications and Disposal of Electric Drive Vehicle
Batteries.--The Secretary shall carry out a program of research,
development, and demonstration of--
(1) secondary applications of energy storage devices following
service in electric drive vehicles; and
(2) technologies and processes for final recycling and disposal
of the devices.
(l) Cost Sharing.--The Secretary shall carry out the programs
established under this section in accordance with section 988 of the
Energy Policy Act of 2005 (42 U.S.C. 16352).
(m) Merit Review of Proposals.--The Secretary shall carry out the
programs established under subsections (i), (j), and (k) in accordance
with section 989 of the Energy Policy Act of 2005 (42 U.S.C. 16353).
(n) Coordination and Nonduplication.--To the maximum extent
practicable, the Secretary shall coordinate activities under this
section with other programs and laboratories of the Department and
other Federal research programs.
(o) Review by National Academy of Sciences.--On the business day
that is 5 years after the date of enactment of this Act, the Secretary
shall offer to enter into an arrangement with the National Academy of
Sciences to assess the performance of the Department in carrying out
this section.
(p) Authorization of Appropriations.--There are authorized to be
appropriated to carry out--
(1) the basic research program under subsection (f) $50,000,000
for each of fiscal years 2009 through 2018;
(2) the applied research program under subsection (g)
$80,000,000 for each of fiscal years 2009 through 2018; and;
(3) the energy storage research center program under subsection
(h) $100,000,000 for each of fiscal years 2009 through 2018;
(4) the energy storage systems demonstration program under
subsection (i) $30,000,000 for each of fiscal years 2009 through
2018;
(5) the vehicle energy storage demonstration program under
subsection (j) $30,000,000 for each of fiscal years 2009 through
2018; and
(6) the secondary applications and disposal of electric drive
vehicle batteries program under subsection (k) $5,000,000 for each
of fiscal years 2009 through 2018.
Subtitle E--Miscellaneous Provisions
SEC. 651. LIGHTWEIGHT MATERIALS RESEARCH AND DEVELOPMENT.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary of Energy shall establish a program to
determine ways in which the weight of motor vehicles could be reduced
to improve fuel efficiency without compromising passenger safety by
conducting research, development, and demonstration relating to--
(1) the development of new materials (including cast metal
composite materials formed by autocombustion synthesis) and
material processes that yield a higher strength-to-weight ratio or
other properties that reduce vehicle weight; and
(2) reducing the cost of--
(A) lightweight materials (including high-strength steel
alloys, aluminum, magnesium, metal composites, and carbon fiber
reinforced polymer composites) with the properties required for
construction of lighter-weight vehicles; and
(B) materials processing, automated manufacturing, joining,
and recycling lightweight materials for high-volume
applications.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $80,000,000 for the period of
fiscal years 2008 through 2012.
SEC. 652. COMMERCIAL INSULATION DEMONSTRATION PROGRAM.
(a) Definitions.--In this section:
(1) Advanced insulation.--The term ``advanced insulation''
means insulation that has an R value of not less than R35 per inch.
(2) Covered refrigeration unit.--The term ``covered
refrigeration unit'' means any--
(A) commercial refrigerated truck;
(B) commercial refrigerated trailer; or
(C) commercial refrigerator, freezer, or refrigerator-
freezer described in section 342(c) of the Energy Policy and
Conservation Act (42 U.S.C. 6313(c)).
(b) Report.--Not later than 90 days after the date of enactment of
this Act, the Secretary shall submit to Congress a report that includes
an evaluation of--
(1) the state of technological advancement of advanced
insulation; and
(2) the projected amount of cost savings that would be
generated by implementing advanced insulation into covered
refrigeration units.
(c) Demonstration Program.--
(1) Establishment.--If the Secretary determines in the report
described in subsection (b) that the implementation of advanced
insulation into covered refrigeration units would generate an
economically justifiable amount of cost savings, the Secretary, in
cooperation with manufacturers of covered refrigeration units,
shall establish a demonstration program under which the Secretary
shall demonstrate the cost-effectiveness of advanced insulation.
(2) Disclosure.--The Secretary may, for a period of up to 5
years after an award is granted under the demonstration program,
exempt from mandatory disclosure under section 552 of title 5,
United States Code (popularly known as the Freedom of Information
Act) information that the Secretary determines would be a
privileged or confidential trade secret or commercial or financial
information under subsection (b)(4) of such section if the
information had been obtained from a non-Government party.
(3) Cost-sharing.--Section 988 of the Energy Policy Act of 2005
(42 U.S.C. 16352) shall apply to any project carried out under this
subsection.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $8,000,000 for the period of
fiscal years 2009 through 2014.
SEC. 653. TECHNICAL CRITERIA FOR CLEAN COAL POWER INITIATIVE.
Section 402(b)(1)(B)(ii) of the Energy Policy Act of 2005 (42
U.S.C. 15962(b)(1)(B)(ii)) is amended by striking subclause (I) and
inserting the following:
``(I)(aa) to remove at least 99 percent of sulfur
dioxide; or
``(bb) to emit not more than 0.04 pound
SO<INF>2</INF> per million Btu, based on a 30-day
average;''.
SEC. 654. H-PRIZE.
Section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 16396) is
amended by adding at the end the following new subsection:
``(f) H-Prize.--
``(1) Prize authority.--
``(A) In general.--As part of the program under this
section, the Secretary shall carry out a program to
competitively award cash prizes in conformity with this
subsection to advance the research, development, demonstration,
and commercial application of hydrogen energy technologies.
``(B) Advertising and solicitation of competitors.--
``(i) Advertising.--The Secretary shall widely
advertise prize competitions under this subsection to
encourage broad participation, including by individuals,
universities (including historically Black colleges and
universities and other minority serving institutions), and
large and small businesses (including businesses owned or
controlled by socially and economically disadvantaged
persons).
``(ii) Announcement through federal register notice.--
The Secretary shall announce each prize competition under
this subsection by publishing a notice in the Federal
Register. This notice shall include essential elements of
the competition such as the subject of the competition, the
duration of the competition, the eligibility requirements
for participation in the competition, the process for
participants to register for the competition, the amount of
the prize, and the criteria for awarding the prize.
``(C) Administering the competitions.--The Secretary shall
enter into an agreement with a private, nonprofit entity to
administer the prize competitions under this subsection,
subject to the provisions of this subsection (in this
subsection referred to as the `administering entity'). The
duties of the administering entity under the agreement shall
include--
``(i) advertising prize competitions under this
subsection and their results;
``(ii) raising funds from private entities and
individuals to pay for administrative costs and to
contribute to cash prizes, including funds provided in
exchange for the right to name a prize awarded under this
subsection;
``(iii) developing, in consultation with and subject to
the final approval of the Secretary, the criteria for
selecting winners in prize competitions under this
subsection, based on goals provided by the Secretary;
``(iv) determining, in consultation with the Secretary,
the appropriate amount and funding sources for each prize
to be awarded under this subsection, subject to the final
approval of the Secretary with respect to Federal funding;
``(v) providing advice and consultation to the
Secretary on the selection of judges in accordance with
paragraph (2)(D), using criteria developed in consultation
with and subject to the final approval of the Secretary;
and
``(vi) protecting against the administering entity's
unauthorized use or disclosure of a registered
participant's trade secrets and confidential business
information. Any information properly identified as trade
secrets or confidential business information that is
submitted by a participant as part of a competitive program
under this subsection may be withheld from public
disclosure.
``(D) Funding sources.--Prizes under this subsection shall
consist of Federal appropriated funds and any funds provided by
the administering entity (including funds raised pursuant to
subparagraph (C)(ii)) for such cash prize programs. The
Secretary may accept funds from other Federal agencies for such
cash prizes and, notwithstanding section 3302(b) of title 31,
United States Code, may use such funds for the cash prize
program under this subsection. Other than publication of the
names of prize sponsors, the Secretary may not give any special
consideration to any private sector entity or individual in
return for a donation to the Secretary or administering entity.
``(E) Announcement of prizes.--The Secretary may not issue
a notice required by subparagraph (B)(ii) until all the funds
needed to pay out the announced amount of the prize have been
appropriated or committed in writing by the administering
entity. The Secretary may increase the amount of a prize after
an initial announcement is made under subparagraph (B)(ii) if--
``(i) notice of the increase is provided in the same
manner as the initial notice of the prize; and
``(ii) the funds needed to pay out the announced amount
of the increase have been appropriated or committed in
writing by the administering entity.
``(F) Sunset.--The authority to announce prize competitions
under this subsection shall terminate on September 30, 2018.
``(2) Prize categories.--
``(A) Categories.--The Secretary shall establish prizes
under this subsection for--
``(i) advancements in technologies, components, or
systems related to--
``(I) hydrogen production;
``(II) hydrogen storage;
``(III) hydrogen distribution; and
``(IV) hydrogen utilization;
``(ii) prototypes of hydrogen-powered vehicles or other
hydrogen-based products that best meet or exceed objective
performance criteria, such as completion of a race over a
certain distance or terrain or generation of energy at
certain levels of efficiency; and
``(iii) transformational changes in technologies for
the distribution or production of hydrogen that meet or
exceed far-reaching objective criteria, which shall include
minimal carbon emissions and which may include cost
criteria designed to facilitate the eventual market success
of a winning technology.
``(B) Awards.--
``(i) Advancements.--To the extent permitted under
paragraph (1)(E), the prizes authorized under subparagraph
(A)(i) shall be awarded biennially to the most significant
advance made in each of the four subcategories described in
subclauses (I) through (IV) of subparagraph (A)(i) since
the submission deadline of the previous prize competition
in the same category under subparagraph (A)(i) or the date
of enactment of this subsection, whichever is later, unless
no such advance is significant enough to merit an award. No
one such prize may exceed $1,000,000. If less than
$4,000,000 is available for a prize competition under
subparagraph (A)(i), the Secretary may omit one or more
subcategories, reduce the amount of the prizes, or not hold
a prize competition.
``(ii) Prototypes.--To the extent permitted under
paragraph (1)(E), prizes authorized under subparagraph
(A)(ii) shall be awarded biennially in alternate years from
the prizes authorized under subparagraph (A)(i). The
Secretary is authorized to award up to one prize in this
category in each 2-year period. No such prize may exceed
$4,000,000. If no registered participants meet the
objective performance criteria established pursuant to
subparagraph (C) for a competition under this clause, the
Secretary shall not award a prize.
``(iii) Transformational technologies.--To the extent
permitted under paragraph (1)(E), the Secretary shall
announce one prize competition authorized under
subparagraph (A)(iii) as soon after the date of enactment
of this subsection as is practicable. A prize offered under
this clause shall be not less than $10,000,000, paid to the
winner in a lump sum, and an additional amount paid to the
winner as a match for each dollar of private funding raised
by the winner for the hydrogen technology beginning on the
date the winner was named. The match shall be provided for
3 years after the date the prize winner is named or until
the full amount of the prize has been paid out, whichever
occurs first. A prize winner may elect to have the match
amount paid to another entity that is continuing the
development of the winning technology. The Secretary shall
announce the rules for receiving the match in the notice
required by paragraph (1)(B)(ii). The Secretary shall award
a prize under this clause only when a registered
participant has met the objective criteria established for
the prize pursuant to subparagraph (C) and announced
pursuant to paragraph (1)(B)(ii). Not more than $10,000,000
in Federal funds may be used for the prize award under this
clause. The administering entity shall seek to raise
$40,000,000 toward the matching award under this clause.
``(C) Criteria.--In establishing the criteria required by
this subsection, the Secretary--
``(i) shall consult with the Department's Hydrogen
Technical and Fuel Cell Advisory Committee;
``(ii) shall consult with other Federal agencies,
including the National Science Foundation; and
``(iii) may consult with other experts such as private
organizations, including professional societies, industry
associations, and the National Academy of Sciences and the
National Academy of Engineering.
``(D) Judges.--For each prize competition under this
subsection, the Secretary in consultation with the
administering entity shall assemble a panel of qualified judges
to select the winner or winners on the basis of the criteria
established under subparagraph (C). Judges for each prize
competition shall include individuals from outside the
Department, including from the private sector. A judge, spouse,
minor children, and members of the judge's household may not--
``(i) have personal or financial interests in, or be an
employee, officer, director, or agent of, any entity that
is a registered participant in the prize competition for
which he or she will serve as a judge; or
``(ii) have a familial or financial relationship with
an individual who is a registered participant in the prize
competition for which he or she will serve as a judge.
``(3) Eligibility.--To be eligible to win a prize under this
subsection, an individual or entity--
``(A) shall have complied with all the requirements in
accordance with the Federal Register notice required under
paragraph (1)(B)(ii);
``(B) in the case of a private entity, shall be
incorporated in and maintain a primary place of business in the
United States, and in the case of an individual, whether
participating singly or in a group, shall be a citizen of, or
an alien lawfully admitted for permanent residence in, the
United States; and
``(C) shall not be a Federal entity, a Federal employee
acting within the scope of his employment, or an employee of a
national laboratory acting within the scope of his employment.
``(4) Intellectual property.--The Federal Government shall not,
by virtue of offering or awarding a prize under this subsection, be
entitled to any intellectual property rights derived as a
consequence of, or direct relation to, the participation by a
registered participant in a competition authorized by this
subsection. This paragraph shall not be construed to prevent the
Federal Government from negotiating a license for the use of
intellectual property developed for a prize competition under this
subsection.
``(5) Liability.--
``(A) Waiver of liability.--The Secretary may require
registered participants to waive claims against the Federal
Government and the administering entity (except claims for
willful misconduct) for any injury, death, damage, or loss of
property, revenue, or profits arising from the registered
participants' participation in a competition under this
subsection. The Secretary shall give notice of any waiver
required under this subparagraph in the notice required by
paragraph (1)(B)(ii). The Secretary may not require a
registered participant to waive claims against the
administering entity arising out of the unauthorized use or
disclosure by the administering entity of the registered
participant's trade secrets or confidential business
information.
``(B) Liability insurance.--
``(i) Requirements.--Registered participants in a prize
competition under this subsection shall be required to
obtain liability insurance or demonstrate financial
responsibility, in amounts determined by the Secretary, for
claims by--
``(I) a third party for death, bodily injury, or
property damage or loss resulting from an activity
carried out in connection with participation in a
competition under this subsection; and
``(II) the Federal Government for damage or loss to
Government property resulting from such an activity.
``(ii) Federal government insured.--The Federal
Government shall be named as an additional insured under a
registered participant's insurance policy required under
clause (i)(I), and registered participants shall be
required to agree to indemnify the Federal Government
against third party claims for damages arising from or
related to competition activities under this subsection.
``(6) Report to congress.--Not later than 60 days after the
awarding of the first prize under this subsection, and annually
thereafter, the Secretary shall transmit to the Congress a report
that--
``(A) identifies each award recipient;
``(B) describes the technologies developed by each award
recipient; and
``(C) specifies actions being taken toward commercial
application of all technologies with respect to which a prize
has been awarded under this subsection.
``(7) Authorization of appropriations.--
``(A) In general.--
``(i) Awards.--There are authorized to be appropriated
to the Secretary for the period encompassing fiscal years
2008 through 2017 for carrying out this subsection--
``(I) $20,000,000 for awards described in paragraph
(2)(A)(i);
``(II) $20,000,000 for awards described in
paragraph (2)(A)(ii); and
``(III) $10,000,000 for the award described in
paragraph (2)(A)(iii).
``(ii) Administration.--In addition to the amounts
authorized in clause (i), there are authorized to be
appropriated to the Secretary for each of fiscal years 2008
and 2009 $2,000,000 for the administrative costs of
carrying out this subsection.
``(B) Carryover of funds.--Funds appropriated for prize
awards under this subsection shall remain available until
expended, and may be transferred, reprogrammed, or expended for
other purposes only after the expiration of 10 fiscal years
after the fiscal year for which the funds were originally
appropriated. No provision in this subsection permits
obligation or payment of funds in violation of section 1341 of
title 31 of the United States Code (commonly referred to as the
Anti-Deficiency Act).
``(8) Nonsubstitution.--The programs created under this
subsection shall not be considered a substitute for Federal
research and development programs.''.
SEC. 655. BRIGHT TOMORROW LIGHTING PRIZES.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, as part of the program carried out under section
1008 of the Energy Policy Act of 2005 (42 U.S.C. 16396), the Secretary
shall establish and award Bright Tomorrow Lighting Prizes for solid
state lighting in accordance with this section.
(b) Prize Specifications.--
(1) 60-watt incandescent replacement lamp prize.--The Secretary
shall award a 60-Watt Incandescent Replacement Lamp Prize to an
entrant that produces a solid-state-light package simultaneously
capable of--
(A) producing a luminous flux greater than 900 lumens;
(B) consuming less than or equal to 10 watts;
(C) having an efficiency greater than 90 lumens per watt;
(D) having a color rendering index greater than 90;
(E) having a correlated color temperature of not less than
2,750, and not more than 3,000, degrees Kelvin;
(F) having 70 percent of the lumen value under subparagraph
(A) exceeding 25,000 hours under typical conditions expected in
residential use;
(G) having a light distribution pattern similar to a soft
60-watt incandescent A19 bulb;
(H) having a size and shape that fits within the maximum
dimensions of an A19 bulb in accordance with American National
Standards Institute standard C78.20-2003, figure C78.20-211;
(I) using a single contact medium screw socket; and
(J) mass production for a competitive sales commercial
market satisfied by producing commercially accepted quality
control lots of such units equal to or exceeding the criteria
described in subparagraphs (A) through (I).
(2) PAR type 38 halogen replacement lamp prize.--The Secretary
shall award a Parabolic Aluminized Reflector Type 38 Halogen
Replacement Lamp Prize (referred to in this section as the ``PAR
Type 38 Halogen Replacement Lamp Prize'') to an entrant that
produces a solid-state-light package simultaneously capable of--
(A) producing a luminous flux greater than or equal to
1,350 lumens;
(B) consuming less than or equal to 11 watts;
(C) having an efficiency greater than 123 lumens per watt;
(D) having a color rendering index greater than or equal to
90;
(E) having a correlated color coordinate temperature of not
less than 2,750, and not more than 3,000, degrees Kelvin;
(F) having 70 percent of the lumen value under subparagraph
(A) exceeding 25,000 hours under typical conditions expected in
residential use;
(G) having a light distribution pattern similar to a PAR 38
halogen lamp;
(H) having a size and shape that fits within the maximum
dimensions of a PAR 38 halogen lamp in accordance with American
National Standards Institute standard C78-21-2003, figure
C78.21-238;
(I) using a single contact medium screw socket; and
(J) mass production for a competitive sales commercial
market satisfied by producing commercially accepted quality
control lots of such units equal to or exceeding the criteria
described in subparagraphs (A) through (I).
(3) Twenty-first century lamp prize.--The Secretary shall award
a Twenty-First Century Lamp Prize to an entrant that produces a
solid-state-light-light capable of--
(A) producing a light output greater than 1,200 lumens;
(B) having an efficiency greater than 150 lumens per watt;
(C) having a color rendering index greater than 90;
(D) having a color coordinate temperature between 2,800 and
3,000 degrees Kelvin; and
(E) having a lifetime exceeding 25,000 hours.
(c) Private Funds.--
(1) In general.--Subject to paragraph (2), and notwithstanding
section 3302 of title 31, United States Code, the Secretary may
accept, retain, and use funds contributed by any person, government
entity, or organization for purposes of carrying out this
subsection--
(A) without further appropriation; and
(B) without fiscal year limitation.
(2) Prize competition.--A private source of funding may not
participate in the competition for prizes awarded under this
section.
(d) Technical Review.--The Secretary shall establish a technical
review committee composed of non-Federal officers to review entrant
data submitted under this section to determine whether the data meets
the prize specifications described in subsection (b).
(e) Third Party Administration.--The Secretary may competitively
select a third party to administer awards under this section.
(f) Eligibility for Prizes.--To be eligible to be awarded a prize
under this section--
(1) in the case of a private entity, the entity shall be
incorporated in and maintain a primary place of business in the
United States; and
(2) in the case of an individual (whether participating as a
single individual or in a group), the individual shall be a citizen
or lawful permanent resident of the United States.
(g) Award Amounts.--Subject to the availability of funds to carry
out this section, the amount of--
(1) the 60-Watt Incandescent Replacement Lamp Prize described
in subsection (b)(1) shall be $10,000,000;
(2) the PAR Type 38 Halogen Replacement Lamp Prize described in
subsection (b)(2) shall be $5,000,000; and
(3) the Twenty-First Century Lamp Prize described in subsection
(b)(3) shall be $5,000,000.
(h) Federal Procurement of Solid-State-Lights.--
(1) 60-watt incandescent replacement.--Subject to paragraph
(3), as soon as practicable after the successful award of the 60-
Watt Incandescent Replacement Lamp Prize under subsection (b)(1),
the Secretary (in consultation with the Administrator of General
Services) shall develop governmentwide Federal purchase guidelines
with a goal of replacing the use of 60-watt incandescent lamps in
Federal Government buildings with a solid-state-light package
described in subsection (b)(1) by not later than the date that is 5
years after the date the award is made.
(2) PAR 38 halogen replacement lamp replacement.--Subject to
paragraph (3), as soon as practicable after the successful award of
the PAR Type 38 Halogen Replacement Lamp Prize under subsection
(b)(2), the Secretary (in consultation with the Administrator of
General Services) shall develop governmentwide Federal purchase
guidelines with the goal of replacing the use of PAR 38 halogen
lamps in Federal Government buildings with a solid-state-light
package described in subsection (b)(2) by not later than the date
that is 5 years after the date the award is made.
(3) Waivers.--
(A) In general.--The Secretary or the Administrator of
General Services may waive the application of paragraph (1) or
(2) if the Secretary or Administrator determines that the
return on investment from the purchase of a solid-state-light
package described in paragraph (1) or (2) of subsection (b),
respectively, is cost prohibitive.
(B) Report of waiver.--If the Secretary or Administrator
waives the application of paragraph (1) or (2), the Secretary
or Administrator, respectively, shall submit to Congress an
annual report that describes the waiver and provides a detailed
justification for the waiver.
(i) Report.--Not later than 2 years after the date of enactment of
this Act, and annually thereafter, the Administrator of General
Services shall submit to the Energy Information Agency a report
describing the quantity, type, and cost of each lighting product
purchased by the Federal Government.
(j) Bright Tomorrow Lighting Award Fund.--
(1) Establishment.--There is established in the United States
Treasury a Bright Tomorrow Lighting permanent fund without fiscal
year limitation to award prizes under paragraphs (1), (2), and (3)
of subsection (b).
(2) Sources of funding.--The fund established under paragraph
(1) shall accept--
(A) fiscal year appropriations; and
(B) private contributions authorized under subsection (c).
(k) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 656. RENEWABLE ENERGY INNOVATION MANUFACTURING PARTNERSHIP.
(a) Establishment.--The Secretary shall carry out a program, to be
known as the Renewable Energy Innovation Manufacturing Partnership
Program (referred to in this section as the ``Program''), to make
assistance awards to eligible entities for use in carrying out
research, development, and demonstration relating to the manufacturing
of renewable energy technologies.
(b) Solicitation.--To carry out the Program, the Secretary shall
annually conduct a competitive solicitation for assistance awards for
an eligible project described in subsection (e).
(c) Program Purposes.--The purposes of the Program are--
(1) to develop, or aid in the development of, advanced
manufacturing processes, materials, and infrastructure;
(2) to increase the domestic production of renewable energy
technology and components; and
(3) to better coordinate Federal, State, and private resources
to meet regional and national renewable energy goals through
advanced manufacturing partnerships.
(d) Eligible Entities.--An entity shall be eligible to receive an
assistance award under the Program to carry out an eligible project
described in subsection (e) if the entity is composed of--
(1) 1 or more public or private nonprofit institutions or
national laboratories engaged in research, development,
demonstration, or technology transfer, that would participate
substantially in the project; and
(2) 1 or more private entities engaged in the manufacturing or
development of renewable energy system components (including solar
energy, wind energy, biomass, geothermal energy, energy storage, or
fuel cells).
(e) Eligible Projects.--An eligible entity may use an assistance
award provided under this section to carry out a project relating to--
(1) the conduct of studies of market opportunities for
component manufacturing of renewable energy systems;
(2) the conduct of multiyear applied research, development,
demonstration, and deployment projects for advanced manufacturing
processes, materials, and infrastructure for renewable energy
systems; and
(3) other similar ventures, as approved by the Secretary, that
promote advanced manufacturing of renewable technologies.
(f) Criteria and Guidelines.--The Secretary shall establish
criteria and guidelines for the submission, evaluation, and funding of
proposed projects under the Program.
(g) Cost Sharing.--Section 988 of the Energy Policy Act of 2005 (42
U.S.C. 16352) shall apply to a project carried out under this section.
(h) Disclosure.--The Secretary may, for a period of up to 5 years
after an award is granted under this section, exempt from mandatory
disclosure under section 552 of title 5, United States Code (popularly
known as the Freedom of Information Act) information that the Secretary
determines would be a privileged or confidential trade secret or
commercial or financial information under subsection (b)(4) of such
section if the information had been obtained from a non-Government
party.
(i) Sense of the Congress.--It is the sense of the Congress that
the Secretary should ensure that small businesses engaged in renewable
manufacturing be given priority consideration for the assistance awards
provided under this section.
(j) Authorization of Appropriations.--There is authorized to be
appropriated out of funds already authorized to carry out this section
$25,000,000 for each of fiscal years 2008 through 2013, to remain
available until expended.
TITLE VII--CARBON CAPTURE AND SEQUESTRATION
Subtitle A--Carbon Capture and Sequestration Research, Development, and
Demonstration
SEC. 701. SHORT TITLE.
This subtitle may be cited as the ``Department of Energy Carbon
Capture and Sequestration Research, Development, and Demonstration Act
of 2007''.
SEC. 702. CARBON CAPTURE AND SEQUESTRATION RESEARCH, DEVELOPMENT, AND
DEMONSTRATION PROGRAM.
(a) Amendment.--Section 963 of the Energy Policy Act of 2005 (42
U.S.C. 16293) is amended--
(1) in the section heading, by striking ``research and
development'' and inserting ``and sequestration research,
development, and demonstration'';
(2) in subsection (a)--
(A) by striking ``research and development'' and inserting
``and sequestration research, development, and demonstration'';
and
(B) by striking ``capture technologies on combustion-based
systems'' and inserting ``capture and sequestration
technologies related to industrial sources of carbon dioxide'';
(3) in subsection (b)--
(A) in paragraph (3), by striking ``and'' at the end;
(B) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) to expedite and carry out large-scale testing of carbon
sequestration systems in a range of geologic formations that will
provide information on the cost and feasibility of deployment of
sequestration technologies.''; and
(4) by striking subsection (c) and inserting the following:
``(c) Programmatic Activities.--
``(1) Fundamental science and engineering research and
development and demonstration supporting carbon capture and
sequestration technologies and carbon use activities.--
``(A) In general.--The Secretary shall carry out
fundamental science and engineering research (including
laboratory-scale experiments, numeric modeling, and
simulations) to develop and document the performance of new
approaches to capture and sequester, or use carbon dioxide to
lead to an overall reduction of carbon dioxide emissions.
``(B) Program integration.--The Secretary shall ensure that
fundamental research carried out under this paragraph is
appropriately applied to energy technology development
activities, the field testing of carbon sequestration, and
carbon use activities, including--
``(i) development of new or advanced technologies for
the capture and sequestration of carbon dioxide;
``(ii) development of new or advanced technologies that
reduce the cost and increase the efficacy of advanced
compression of carbon dioxide required for the
sequestration of carbon dioxide;
``(iii) modeling and simulation of geologic
sequestration field demonstrations;
``(iv) quantitative assessment of risks relating to
specific field sites for testing of sequestration
technologies;
``(v) research and development of new and advanced
technologies for carbon use, including recycling and reuse
of carbon dioxide; and
``(vi) research and development of new and advanced
technologies for the separation of oxygen from air.
``(2) Field validation testing activities.--
``(A) In general.--The Secretary shall promote, to the
maximum extent practicable, regional carbon sequestration
partnerships to conduct geologic sequestration tests involving
carbon dioxide injection and monitoring, mitigation, and
verification operations in a variety of candidate geologic
settings, including--
``(i) operating oil and gas fields;
``(ii) depleted oil and gas fields;
``(iii) unmineable coal seams;
``(iv) deep saline formations;
``(v) deep geologic systems that may be used as
engineered reservoirs to extract economical quantities of
heat from geothermal resources of low permeability or
porosity; and
``(vi) deep geologic systems containing basalt
formations.
``(B) Objectives.--The objectives of tests conducted under
this paragraph shall be--
``(i) to develop and validate geophysical tools,
analysis, and modeling to monitor, predict, and verify
carbon dioxide containment;
``(ii) to validate modeling of geologic formations;
``(iii) to refine sequestration capacity estimated for
particular geologic formations;
``(iv) to determine the fate of carbon dioxide
concurrent with and following injection into geologic
formations;
``(v) to develop and implement best practices for
operations relating to, and monitoring of, carbon dioxide
injection and sequestration in geologic formations;
``(vi) to assess and ensure the safety of operations
related to geologic sequestration of carbon dioxide;
``(vii) to allow the Secretary to promulgate policies,
procedures, requirements, and guidance to ensure that the
objectives of this subparagraph are met in large-scale
testing and deployment activities for carbon capture and
sequestration that are funded by the Department of Energy;
and
``(viii) to provide information to States, the
Environmental Protection Agency, and other appropriate
entities to support development of a regulatory framework
for commercial-scale sequestration operations that ensure
the protection of human health and the environment.
``(3) Large-scale carbon dioxide sequestration testing.--
``(A) In general.--The Secretary shall conduct not less
than 7 initial large-scale sequestration tests, not including
the FutureGen project, for geologic containment of carbon
dioxide to collect and validate information on the cost and
feasibility of commercial deployment of technologies for
geologic containment of carbon dioxide. These 7 tests may
include any Regional Partnership projects awarded as of the
date of enactment of the Department of Energy Carbon Capture
and Sequestration Research, Development, and Demonstration Act
of 2007.
``(B) Diversity of formations to be studied.--In selecting
formations for study under this paragraph, the Secretary shall
consider a variety of geologic formations across the United
States, and require characterization and modeling of candidate
formations, as determined by the Secretary.
``(C) Source of carbon dioxide for large-scale
sequestration tests.--In the process of any acquisition of
carbon dioxide for sequestration tests under subparagraph (A),
the Secretary shall give preference to sources of carbon
dioxide from industrial sources. To the extent feasible, the
Secretary shall prefer tests that would facilitate the creation
of an integrated system of capture, transportation and
sequestration of carbon dioxide. The preference provided for
under this subparagraph shall not delay the implementation of
the large-scale sequestration tests under this paragraph.
``(D) Definition.--For purposes of this paragraph, the term
`large-scale' means the injection of more than 1,000,000 tons
of carbon dioxide from industrial sources annually or a scale
that demonstrates the ability to inject and sequester several
million metric tons of industrial source carbon dioxide for a
large number of years.
``(4) Preference in project selection from meritorious
proposals.--In making competitive awards under this subsection,
subject to the requirements of section 989, the Secretary shall--
``(A) give preference to proposals from partnerships among
industrial, academic, and government entities; and
``(B) require recipients to provide assurances that all
laborers and mechanics employed by contractors and
subcontractors in the construction, repair, or alteration of
new or existing facilities performed in order to carry out a
demonstration or commercial application activity authorized
under this subsection shall be paid wages at rates not less
than those prevailing on similar construction in the locality,
as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United States Code,
and the Secretary of Labor shall, with respect to the labor
standards in this paragraph, have the authority and functions
set forth in Reorganization Plan Numbered 14 of 1950 (15 Fed.
Reg. 3176; 5 U.S.C. Appendix) and section 3145 of title 40,
United States Code.
``(5) Cost sharing.--Activities under this subsection shall be
considered research and development activities that are subject to
the cost sharing requirements of section 988(b).
``(6) Program review and report.--During fiscal year 2011, the
Secretary shall--
``(A) conduct a review of programmatic activities carried
out under this subsection; and
``(B) make recommendations with respect to continuation of
the activities.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $240,000,000 for fiscal year 2008;
``(2) $240,000,000 for fiscal year 2009;
``(3) $240,000,000 for fiscal year 2010;
``(4) $240,000,000 for fiscal year 2011; and
``(5) $240,000,000 for fiscal year 2012.''.
(b) Table of Contents Amendment.--The item relating to section 963
in the table of contents for the Energy Policy Act of 2005 is amended
to read as follows:
``Sec. 963. Carbon capture and sequestration research, development, and
demonstration program.''.
SEC. 703. CARBON CAPTURE.
(a) Program Establishment.--
(1) In general.--The Secretary shall carry out a program to
demonstrate technologies for the large-scale capture of carbon
dioxide from industrial sources. In making awards under this
program, the Secretary shall select, as appropriate, a diversity of
capture technologies to address the need to capture carbon dioxide
from a range of industrial sources.
(2) Scope of award.--Awards under this section shall be only
for the portion of the project that--
(A) carries out the large-scale capture (including
purification and compression) of carbon dioxide from industrial
sources;
(B) provides for the transportation and injection of carbon
dioxide; and
(C) incorporates a comprehensive measurement, monitoring,
and validation program.
(3) Preferences for award.--To ensure reduced carbon dioxide
emissions, the Secretary shall take necessary actions to provide
for the integration of the program under this paragraph with the
large-scale carbon dioxide sequestration tests described in section
963(c)(3) of the Energy Policy Act of 2005 (42 U.S.C. 16293(c)(3)),
as added by section 702 of this subtitle. These actions should not
delay implementation of these tests. The Secretary shall give
priority consideration to projects with the following
characteristics:
(A) Capacity.--Projects that will capture a high percentage
of the carbon dioxide in the treated stream and large volumes
of carbon dioxide as determined by the Secretary.
(B) Sequestration.--Projects that capture carbon dioxide
from industrial sources that are near suitable geological
reservoirs and could continue sequestration including--
(i) a field testing validation activity under section
963 of the Energy Policy Act of 2005 (42 U.S.C. 16293), as
amended by this Act; or
(ii) other geologic sequestration projects approved by
the Secretary.
(4) Requirement.--For projects that generate carbon dioxide
that is to be sequestered, the carbon dioxide stream shall be of a
sufficient purity level to allow for safe transport and
sequestration.
(5) Cost-sharing.--The cost-sharing requirements of section 988
of the Energy Policy Act of 2005 (42 U.S.C. 16352) for research and
development projects shall apply to this section.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $200,000,000
per year for fiscal years 2009 through 2013.
SEC. 704. REVIEW OF LARGE-SCALE PROGRAMS.
The Secretary shall enter into an arrangement with the National
Academy of Sciences for an independent review and oversight, beginning
in 2011, of the programs under section 963(c)(3) of the Energy Policy
Act of 2005 (42 U.S.C. 16293(c)(3)), as added by section 702 of this
subtitle, and under section 703 of this subtitle, to ensure that the
benefits of such programs are maximized. Not later than January 1,
2012, the Secretary shall transmit to the Congress a report on the
results of such review and oversight.
SEC. 705. GEOLOGIC SEQUESTRATION TRAINING AND RESEARCH.
(a) Study.--
(1) In general.--The Secretary shall enter into an arrangement
with the National Academy of Sciences to undertake a study that--
(A) defines an interdisciplinary program in geology,
engineering, hydrology, environmental science, and related
disciplines that will support the Nation's capability to
capture and sequester carbon dioxide from anthropogenic
sources;
(B) addresses undergraduate and graduate education,
especially to help develop graduate level programs of research
and instruction that lead to advanced degrees with emphasis on
geologic sequestration science;
(C) develops guidelines for proposals from colleges and
universities with substantial capabilities in the required
disciplines that seek to implement geologic sequestration
science programs that advance the Nation's capacity to address
carbon management through geologic sequestration science; and
(D) outlines a budget and recommendations for how much
funding will be necessary to establish and carry out the grant
program under subsection (b).
(2) Report.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall transmit to the Congress a copy of
the results of the study provided by the National Academy of
Sciences under paragraph (1).
(3) Authorization of appropriations.--There are authorized to
be appropriated to the Secretary for carrying out this subsection
$1,000,000 for fiscal year 2008.
(b) Grant Program.--
(1) Establishment.--The Secretary shall establish a competitive
grant program through which colleges and universities may apply for
and receive 4-year grants for--
(A) salary and startup costs for newly designated faculty
positions in an integrated geologic carbon sequestration
science program; and
(B) internships for graduate students in geologic
sequestration science.
(2) Renewal.--Grants under this subsection shall be renewable
for up to 2 additional 3-year terms, based on performance criteria,
established by the National Academy of Sciences study conducted
under subsection (a), that include the number of graduates of such
programs.
(3) Interface with regional geologic carbon sequestration
partnerships.--To the greatest extent possible, geologic carbon
sequestration science programs supported under this subsection
shall interface with the research of the Regional Carbon
Sequestration Partnerships operated by the Department to provide
internships and practical training in carbon capture and geologic
sequestration.
(4) Authorization of appropriations.--There are authorized to
be appropriated to the Secretary for carrying out this subsection
such sums as may be necessary.
SEC. 706. RELATION TO SAFE DRINKING WATER ACT.
The injection and geologic sequestration of carbon dioxide pursuant
to this subtitle and the amendments made by this subtitle shall be
subject to the requirements of the Safe Drinking Water Act (42 U.S.C.
300f et seq.), including the provisions of part C of such Act (42
U.S.C. 300h et seq.; relating to protection of underground sources of
drinking water). Nothing in this subtitle and the amendments made by
this subtitle imposes or authorizes the promulgation of any requirement
that is inconsistent or in conflict with the requirements of the Safe
Drinking Water Act (42 U.S.C. 300f et seq.) or regulations thereunder.
SEC. 707. SAFETY RESEARCH.
(a) Program.--The Administrator of the Environmental Protection
Agency shall conduct a research program to address public health,
safety, and environmental impacts that may be associated with capture,
injection, and sequestration of greenhouse gases in geologic
reservoirs.
(b) Authorization of Appropriations.--There are authorized to be
appropriated for carrying out this section $5,000,000 for each fiscal
year.
SEC. 708. UNIVERSITY BASED RESEARCH AND DEVELOPMENT GRANT PROGRAM.
(a) Establishment.--The Secretary, in consultation with other
appropriate agencies, shall establish a university based research and
development program to study carbon capture and sequestration using the
various types of coal.
(b) Rural and Agricultural Institutions.--The Secretary shall give
special consideration to rural or agricultural based institutions in
areas that have regional sources of coal and that offer
interdisciplinary programs in the area of environmental science to
study carbon capture and sequestration.
(c) Authorization of Appropriations.--There are to be authorized to
be appropriated $10,000,000 to carry out this section.
Subtitle B--Carbon Capture and Sequestration Assessment and Framework
SEC. 711. CARBON DIOXIDE SEQUESTRATION CAPACITY ASSESSMENT.
(a) Definitions.--In this section--
(1) Assessment.--The term ``assessment'' means the national
assessment of onshore capacity for carbon dioxide completed under
subsection (f).
(2) Capacity.--The term ``capacity'' means the portion of a
sequestration formation that can retain carbon dioxide in
accordance with the requirements (including physical, geological,
and economic requirements) established under the methodology
developed under subsection (b).
(3) Engineered hazard.--The term ``engineered hazard'' includes
the location and completion history of any well that could affect
potential sequestration.
(4) Risk.--The term ``risk'' includes any risk posed by
geomechanical, geochemical, hydrogeological, structural, and
engineered hazards.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the United States
Geological Survey.
(6) Sequestration formation.--The term ``sequestration
formation'' means a deep saline formation, unmineable coal seam, or
oil or gas reservoir that is capable of accommodating a volume of
industrial carbon dioxide.
(b) Methodology.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall develop a methodology for conducting
an assessment under subsection (f), taking into consideration--
(1) the geographical extent of all potential sequestration
formations in all States;
(2) the capacity of the potential sequestration formations;
(3) the injectivity of the potential sequestration formations;
(4) an estimate of potential volumes of oil and gas recoverable
by injection and sequestration of industrial carbon dioxide in
potential sequestration formations;
(5) the risk associated with the potential sequestration
formations; and
(6) the work done to develop the Carbon Sequestration Atlas of
the United States and Canada that was completed by the Department.
(c) Coordination.--
(1) Federal coordination.--
(A) Consultation.--The Secretary shall consult with the
Secretary of Energy and the Administrator of the Environmental
Protection Agency on issues of data sharing, format,
development of the methodology, and content of the assessment
required under this section to ensure the maximum usefulness
and success of the assessment.
(B) Cooperation.--The Secretary of Energy and the
Administrator shall cooperate with the Secretary to ensure, to
the maximum extent practicable, the usefulness and success of
the assessment.
(2) State coordination.--The Secretary shall consult with State
geological surveys and other relevant entities to ensure, to the
maximum extent practicable, the usefulness and success of the
assessment.
(d) External Review and Publication.--On completion of the
methodology under subsection (b), the Secretary shall--
(1) publish the methodology and solicit comments from the
public and the heads of affected Federal and State agencies;
(2) establish a panel of individuals with expertise in the
matters described in paragraphs (1) through (5) of subsection (b)
composed, as appropriate, of representatives of Federal agencies,
institutions of higher education, nongovernmental organizations,
State organizations, industry, and international geoscience
organizations to review the methodology and comments received under
paragraph (1); and
(3) on completion of the review under paragraph (2), publish in
the Federal Register the revised final methodology.
(e) Periodic Updates.--The methodology developed under this section
shall be updated periodically (including at least once every 5 years)
to incorporate new data as the data becomes available.
(f) National Assessment.--
(1) In general.--Not later than 2 years after the date of
publication of the methodology under subsection (d)(1), the
Secretary, in consultation with the Secretary of Energy and State
geological surveys, shall complete a national assessment of
capacity for carbon dioxide in accordance with the methodology.
(2) Geological verification.--As part of the assessment under
this subsection, the Secretary shall carry out a drilling program
to supplement the geological data relevant to determining
sequestration capacity of carbon dioxide in geological
sequestration formations, including--
(A) well log data;
(B) core data; and
(C) fluid sample data.
(3) Partnership with other drilling programs.--As part of the
drilling program under paragraph (2), the Secretary shall enter, as
appropriate, into partnerships with other entities to collect and
integrate data from other drilling programs relevant to the
sequestration of carbon dioxide in geological formations.
(4) Incorporation into natcarb.--
(A) In general.--On completion of the assessment, the
Secretary of Energy and the Secretary of the Interior shall
incorporate the results of the assessment using--
(i) the NatCarb database, to the maximum extent
practicable; or
(ii) a new database developed by the Secretary of
Energy, as the Secretary of Energy determines to be
necessary.
(B) Ranking.--The database shall include the data necessary
to rank potential sequestration sites for capacity and risk,
across the United States, within each State, by formation, and
within each basin.
(5) Report.--Not later than 180 days after the date on which
the assessment is completed, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives a
report describing the findings under the assessment.
(6) Periodic updates.--The national assessment developed under
this section shall be updated periodically (including at least once
every 5 years) to support public and private sector decisionmaking.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 for the period of
fiscal years 2008 through 2012.
SEC. 712. ASSESSMENT OF CARBON SEQUESTRATION AND METHANE AND NITROUS
OXIDE EMISSIONS FROM ECOSYSTEMS.
(a) Definitions.--In this section:
(1) Adaptation strategy.--The term ``adaptation strategy''
means a land use and management strategy that can be used--
(A) to increase the sequestration capabilities of covered
greenhouse gases of any ecosystem; or
(B) to reduce the emissions of covered greenhouse gases
from any ecosystem.
(2) Assessment.--The term ``assessment'' means the national
assessment authorized under subsection (b).
(3) Covered greenhouse gas.--The term ``covered greenhouse
gas'' means carbon dioxide, nitrous oxide, and methane gas.
(4) Ecosystem.--The term ``ecosystem'' means any terrestrial,
freshwater aquatic, or coastal ecosystem, including an estuary.
(5) Native plant species.--The term ``native plant species''
means any noninvasive, naturally occurring plant species within an
ecosystem.
(6) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(b) Authorization of Assessment.--Not later than 2 years after the
date on which the final methodology is published under subsection
(f)(3)(D), the Secretary shall complete a national assessment of--
(1) the quantity of carbon stored in and released from
ecosystems, including from man-caused and natural fires; and
(2) the annual flux of covered greenhouse gases in and out of
ecosystems.
(c) Components.--In conducting the assessment under subsection (b),
the Secretary shall--
(1) determine the processes that control the flux of covered
greenhouse gases in and out of each ecosystem;
(2) estimate the potential for increasing carbon sequestration
in natural and managed ecosystems through management activities or
restoration activities in each ecosystem;
(3) develop near-term and long-term adaptation strategies or
mitigation strategies that can be employed--
(A) to enhance the sequestration of carbon in each
ecosystem;
(B) to reduce emissions of covered greenhouse gases from
ecosystems; and
(C) to adapt to climate change; and
(4) estimate the annual carbon sequestration capacity of
ecosystems under a range of policies in support of management
activities to optimize sequestration.
(d) Use of Native Plant Species.--In developing restoration
activities under subsection (c)(2) and management strategies and
adaptation strategies under subsection (c)(3), the Secretary shall
emphasize the use of native plant species (including mixtures of many
native plant species) for sequestering covered greenhouse gas in each
ecosystem.
(e) Consultation.--
(1) In general.--In conducting the assessment under subsection
(b) and developing the methodology under subsection (f), the
Secretary shall consult with--
(A) the Secretary of Energy;
(B) the Secretary of Agriculture;
(C) the Administrator of the Environmental Protection
Agency;
(D) the Secretary of Commerce, acting through the Under
Secretary for Oceans and Atmosphere; and
(E) the heads of other relevant agencies.
(2) Ocean and coastal ecosystems.--In carrying out this section
with respect to ocean and coastal ecosystems (including estuaries),
the Secretary shall work jointly with the Secretary of Commerce,
acting through the Under Secretary for Oceans and Atmosphere.
(f) Methodology.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop a methodology
for conducting the assessment.
(2) Requirements.--The methodology developed under paragraph
(1)--
(A) shall--
(i) determine the method for measuring, monitoring, and
quantifying covered greenhouse gas emissions and
reductions;
(ii) estimate the total capacity of each ecosystem to
sequester carbon; and
(iii) estimate the ability of each ecosystem to reduce
emissions of covered greenhouse gases through management
practices; and
(B) may employ economic and other systems models, analyses,
and estimates, to be developed in consultation with each of the
individuals described in subsection (e).
(3) External review and publication.--On completion of a
proposed methodology, the Secretary shall--
(A) publish the proposed methodology;
(B) at least 60 days before the date on which the final
methodology is published, solicit comments from--
(i) the public; and
(ii) heads of affected Federal and State agencies;
(C) establish a panel to review the proposed methodology
published under subparagraph (A) and any comments received
under subparagraph (B), to be composed of members--
(i) with expertise in the matters described in
subsections (c) and (d); and
(ii) that are, as appropriate, representatives of
Federal agencies, institutions of higher education,
nongovernmental organizations, State organizations,
industry, and international organizations; and
(D) on completion of the review under subparagraph (C),
publish in the Federal Register the revised final methodology.
(g) Estimate; Review.--The Secretary shall--
(1) based on the assessment, prescribe the data, information,
and analysis needed to establish a scientifically sound estimate of
the carbon sequestration capacity of relevant ecosystems; and
(2) not later than 180 days after the date on which the
assessment is completed, submit to the heads of applicable Federal
agencies and the appropriate committees of Congress a report that
describes the results of the assessment.
(h) Data and Report Availability.--On completion of the assessment,
the Secretary shall incorporate the results of the assessment into a
web-accessible database for public use.
(i) Authorization.--There is authorized to be appropriated to carry
out this section $20,000,000 for the period of fiscal years 2008
through 2012.
SEC. 713. CARBON DIOXIDE SEQUESTRATION INVENTORY.
Section 354 of the Energy Policy Act of 2005 (42 U.S.C. 15910) is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Records and Inventory.--The Secretary of the Interior, acting
through the Bureau of Land Management, shall maintain records on, and
an inventory of, the quantity of carbon dioxide stored within Federal
mineral leaseholds.''.
SEC. 714. FRAMEWORK FOR GEOLOGICAL CARBON SEQUESTRATION ON PUBLIC LAND.
(a) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of the Interior shall submit to the Committee
on Natural Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate a report on a recommended
framework for managing geological carbon sequestration activities on
public land.
(b) Contents.--The report required by subsection (a) shall include
the following:
(1) Recommended criteria for identifying candidate geological
sequestration sites in each of the following types of geological
settings:
(A) Operating oil and gas fields.
(B) Depleted oil and gas fields.
(C) Unmineable coal seams.
(D) Deep saline formations.
(E) Deep geological systems that may be used as engineered
reservoirs to extract economical quantities of heat from
geothermal resources of low permeability or porosity.
(F) Deep geological systems containing basalt formations.
(G) Coalbeds being used for methane recovery.
(2) A proposed regulatory framework for the leasing of public
land or an interest in public land for the long-term geological
sequestration of carbon dioxide, which includes an assessment of
options to ensure that the United States receives fair market value
for the use of public land or an interest in public land for
geological sequestration.
(3) A proposed procedure for ensuring that any geological
carbon sequestration activities on public land--
(A) provide for public review and comment from all
interested persons; and
(B) protect the quality of natural and cultural resources
of the public land overlaying a geological sequestration site.
(4) A description of the status of Federal leasehold or Federal
mineral estate liability issues related to the geological
subsurface trespass of or caused by carbon dioxide stored in public
land, including any relevant experience from enhanced oil recovery
using carbon dioxide on public land.
(5) Recommendations for additional legislation that may be
required to ensure that public land management and leasing laws are
adequate to accommodate the long-term geological sequestration of
carbon dioxide.
(6) An identification of the legal and regulatory issues
specific to carbon dioxide sequestration on land in cases in which
title to mineral resources is held by the United States but title
to the surface estate is not held by the United States.
(7)(A) An identification of the issues specific to the issuance
of pipeline rights-of-way on public land under the Mineral Leasing
Act (30 U.S.C. 181 et seq.) or the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.) for natural or
anthropogenic carbon dioxide.
(B) Recommendations for additional legislation that may be
required to clarify the appropriate framework for issuing rights-
of-way for carbon dioxide pipelines on public land.
(c) Consultation With Other Agencies.--In preparing the report
under this section, the Secretary of the Interior shall coordinate
with--
(1) the Administrator of the Environmental Protection Agency;
(2) the Secretary of Energy; and
(3) the heads of other appropriate agencies.
(d) Compliance With Safe Drinking Water Act.--The Secretary shall
ensure that all recommendations developed under this section are in
compliance with all Federal environmental laws, including the Safe
Drinking Water Act (42 U.S.C. 300f et seq.) and regulations under that
Act.
TITLE VIII--IMPROVED MANAGEMENT OF ENERGY POLICY
Subtitle A--Management Improvements
SEC. 801. NATIONAL MEDIA CAMPAIGN.
(a) In General.--The Secretary, acting through the Assistant
Secretary for Energy Efficiency and Renewable Energy (referred to in
this section as the ``Secretary''), shall develop and conduct a
national media campaign--
(1) to increase energy efficiency throughout the economy of the
United States during the 10-year period beginning on the date of
enactment of this Act;
(2) to promote the national security benefits associated with
increased energy efficiency; and
(3) to decrease oil consumption in the United States during the
10-year period beginning on the date of enactment of this Act.
(b) Contract With Entity.--The Secretary shall carry out subsection
(a) directly or through--
(1) competitively bid contracts with 1 or more nationally
recognized media firms for the development and distribution of
monthly television, radio, and newspaper public service
announcements; or
(2) collective agreements with 1 or more nationally recognized
institutes, businesses, or nonprofit organizations for the funding,
development, and distribution of monthly television, radio, and
newspaper public service announcements.
(c) Use of Funds.--
(1) In general.--Amounts made available to carry out this
section shall be used for--
(A) advertising costs, including--
(i) the purchase of media time and space;
(ii) creative and talent costs;
(iii) testing and evaluation of advertising; and
(iv) evaluation of the effectiveness of the media
campaign; and
(B) administrative costs, including operational and
management expenses.
(2) Limitations.--In carrying out this section, the Secretary
shall allocate not less than 85 percent of funds made available
under subsection (e) for each fiscal year for the advertising
functions specified under paragraph (1)(A).
(d) Reports.--The Secretary shall annually submit to Congress a
report that describes--
(1) the strategy of the national media campaign and whether
specific objectives of the campaign were accomplished, including--
(A) determinations concerning the rate of change of energy
consumption, in both absolute and per capita terms; and
(B) an evaluation that enables consideration of whether the
media campaign contributed to reduction of energy consumption;
(2) steps taken to ensure that the national media campaign
operates in an effective and efficient manner consistent with the
overall strategy and focus of the campaign;
(3) plans to purchase advertising time and space;
(4) policies and practices implemented to ensure that Federal
funds are used responsibly to purchase advertising time and space
and eliminate the potential for waste, fraud, and abuse; and
(5) all contracts or cooperative agreements entered into with a
corporation, partnership, or individual working on behalf of the
national media campaign.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $5,000,000 for each of fiscal years 2008
through 2012.
(2) Decreased oil consumption.--The Secretary shall use not
less than 50 percent of the amount that is made available under
this section for each fiscal year to develop and conduct a national
media campaign to decrease oil consumption in the United States
over the next decade.
SEC. 802. ALASKA NATURAL GAS PIPELINE ADMINISTRATION.
Section 106 of the Alaska Natural Gas Pipeline Act (15 U.S.C. 720d)
is amended by adding at the end the following:
``(h) Administration.--
``(1) Personnel appointments.--
``(A) In general.--The Federal Coordinator may appoint and
terminate such personnel as the Federal Coordinator determines
to be appropriate.
``(B) Authority of federal coordinator.--Personnel
appointed by the Federal Coordinator under subparagraph (A)
shall be appointed without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service.
``(2) Compensation.--
``(A) In general.--Subject to subparagraph (B), personnel
appointed by the Federal Coordinator under paragraph (1)(A)
shall be paid without regard to the provisions of chapter 51
and subchapter III of chapter 53 of title 5, United States Code
(relating to classification and General Schedule pay rates).
``(B) Maximum level of compensation.--The rate of pay for
personnel appointed by the Federal Coordinator under paragraph
(1)(A) shall not exceed the maximum level of rate payable for
level III of the Executive Schedule (5 U.S.C. 5314).
``(C) Allowances.--Section 5941 of title 5, United States
Code, shall apply to personnel appointed by the Federal
Coordinator under paragraph (1)(A).
``(3) Temporary services.--
``(A) In general.--The Federal Coordinator may procure
temporary and intermittent services in accordance with section
3109(b) of title 5, United States Code.
``(B) Maximum level of compensation.--The level of
compensation of an individual employed on a temporary or
intermittent basis under subparagraph (A) shall not exceed the
maximum level of rate payable for level III of the Executive
Schedule (5 U.S.C. 5314).
``(4) Fees, charges, and commissions.--
``(A) In general.--With respect to the duties of the
Federal Coordinator, as described in this Act, the Federal
Coordinator shall have similar authority to establish, change,
and abolish reasonable filing and service fees, charges, and
commissions, require deposits of payments, and provide refunds
as provided to the Secretary of the Interior in section 304 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1734).
``(B) Authority of secretary of the interior.--Subparagraph
(A) shall not affect the authority of the Secretary of the
Interior to establish, change, and abolish reasonable filing
and service fees, charges, and commissions, require deposits of
payments, and provide refunds under section 304 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1734).
``(C) Use of funds.--The Federal Coordinator is authorized
to use, without further appropriation, amounts collected under
subparagraph (A) to carry out this section.''.
SEC. 803. RENEWABLE ENERGY DEPLOYMENT.
(a) Definitions.--In this section:
(1) Alaska small hydroelectric power.--The term ``Alaska small
hydroelectric power'' means power that--
(A) is generated--
(i) in the State of Alaska;
(ii) without the use of a dam or impoundment of water;
and
(iii) through the use of--
(I) a lake tap (but not a perched alpine lake); or
(II) a run-of-river screened at the point of
diversion; and
(B) has a nameplate capacity rating of a wattage that is
not more than 15 megawatts.
(2) Eligible applicant.--The term ``eligible applicant'' means
any--
(A) governmental entity;
(B) private utility;
(C) public utility;
(D) municipal utility;
(E) cooperative utility;
(F) Indian tribes; and
(G) Regional Corporation (as defined in section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602)).
(3) Ocean energy.--
(A) Inclusions.--The term ``ocean energy'' includes
current, wave, and tidal energy.
(B) Exclusion.--The term ``ocean energy'' excludes thermal
energy.
(4) Renewable energy project.--The term ``renewable energy
project'' means a project--
(A) for the commercial generation of electricity; and
(B) that generates electricity from--
(i) solar, wind, or geothermal energy or ocean energy;
(ii) biomass (as defined in section 203(b) of the
Energy Policy Act of 2005 (42 U.S.C. 15852(b)));
(iii) landfill gas; or
(iv) Alaska small hydroelectric power.
(b) Renewable Energy Construction Grants.--
(1) In general.--The Secretary shall use amounts appropriated
under this section to make grants for use in carrying out renewable
energy projects.
(2) Criteria.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall set forth criteria for
use in awarding grants under this section.
(3) Application.--To receive a grant from the Secretary under
paragraph (1), an eligible applicant shall submit to the Secretary
an application at such time, in such manner, and containing such
information as the Secretary may require, including a written
assurance that--
(A) all laborers and mechanics employed by contractors or
subcontractors during construction, alteration, or repair that
is financed, in whole or in part, by a grant under this section
shall be paid wages at rates not less than those prevailing on
similar construction in the locality, as determined by the
Secretary of Labor in accordance with sections 3141-3144, 3146,
and 3147 of title 40, United States Code; and
(B) the Secretary of Labor shall, with respect to the labor
standards described in this paragraph, have the authority and
functions set forth in Reorganization Plan Numbered 14 of 1950
(5 U.S.C. App.) and section 3145 of title 40, United States
Code.
(4) Non-federal share.--Each eligible applicant that receives a
grant under this subsection shall contribute to the total cost of
the renewable energy project constructed by the eligible applicant
an amount not less than 50 percent of the total cost of the
project.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund such sums as are necessary to carry out this
section.
SEC. 804. COORDINATION OF PLANNED REFINERY OUTAGES.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Energy Information Administration.
(2) Planned refinery outage.--
(A) In general.--The term ``planned refinery outage'' means
a removal, scheduled before the date on which the removal
occurs, of a refinery, or any unit of a refinery, from service
for maintenance, repair, or modification.
(B) Exclusion.--The term ``planned refinery outage'' does
not include any necessary and unplanned removal of a refinery,
or any unit of a refinery, from service as a result of a
component failure, safety hazard, emergency, or action
reasonably anticipated to be necessary to prevent such events.
(3) Refined petroleum product.--The term ``refined petroleum
product'' means any gasoline, diesel fuel, fuel oil, lubricating
oil, liquid petroleum gas, or other petroleum distillate that is
produced through the refining or processing of crude oil or an oil
derived from tar sands, shale, or coal.
(4) Refinery.--The term ``refinery'' means a facility used in
the production of a refined petroleum product through distillation,
cracking, or any other process.
(b) Review and Analysis of Available Information.--The
Administrator shall, on an ongoing basis--
(1) review information on refinery outages that is available
from commercial reporting services;
(2) analyze that information to determine whether the
scheduling of a refinery outage may nationally or regionally
substantially affect the price or supply of any refined petroleum
product by--
(A) decreasing the production of the refined petroleum
product; and
(B) causing or contributing to a retail or wholesale supply
shortage or disruption;
(3) not less frequently than twice each year, submit to the
Secretary a report describing the results of the review and
analysis under paragraphs (1) and (2); and
(4) specifically alert the Secretary of any refinery outage
that the Administrator determines may nationally or regionally
substantially affect the price or supply of a refined petroleum
product.
(c) Action by Secretary.--On a determination by the Secretary,
based on a report or alert under paragraph (3) or (4) of subsection
(b), that a refinery outage may affect the price or supply of a refined
petroleum product, the Secretary shall make available to refinery
operators information on planned refinery outages to encourage
reductions of the quantity of refinery capacity that is out of service
at any time.
(d) Limitation.--Nothing in this section shall alter any existing
legal obligation or responsibility of a refinery operator, or create
any legal right of action, nor shall this section authorize the
Secretary--
(1) to prohibit a refinery operator from conducting a planned
refinery outage; or
(2) to require a refinery operator to continue to operate a
refinery.
SEC. 805. ASSESSMENT OF RESOURCES.
(a) 5-Year Plan.--
(1) Establishment.--The Administrator of the Energy Information
Administration (referred to in this section as the
``Administrator'') shall establish a 5-year plan to enhance the
quality and scope of the data collection necessary to ensure the
scope, accuracy, and timeliness of the information needed for
efficient functioning of energy markets and related financial
operations.
(2) Requirement.--In establishing the plan under paragraph (1),
the Administrator shall pay particular attention to--
(A) data series terminated because of budget constraints;
(B) data on demand response;
(C) timely data series of State-level information;
(D) improvements in the area of oil and gas data;
(E) improvements in data on solid byproducts from coal-
based energy-producing facilities; and
(F) the ability to meet applicable deadlines under Federal
law (including regulations) to provide data required by
Congress.
(b) Submission to Congress.--The Administrator shall submit to
Congress the plan established under subsection (a), including a
description of any improvements needed to enhance the ability of the
Administrator to collect and process energy information in a manner
consistent with the needs of energy markets.
(c) Guidelines.--
(1) In general.--The Administrator shall--
(A) establish guidelines to ensure the quality,
comparability, and scope of State energy data, including data
on energy production and consumption by product and sector and
renewable and alternative sources, required to provide a
comprehensive, accurate energy profile at the State level;
(B) share company-level data collected at the State level
with each State involved, in a manner consistent with the legal
authorities, confidentiality protections, and stated uses in
effect at the time the data were collected, subject to the
condition that the State shall agree to reasonable requirements
for use of the data, as the Administrator may require;
(C) assess any existing gaps in data obtained and compiled
by the Energy Information Administration; and
(D) evaluate the most cost-effective ways to address any
data quality and quantity issues in conjunction with State
officials.
(2) Consultation.--The Administrator shall consult with State
officials and the Federal Energy Regulatory Commission on a regular
basis in--
(A) establishing guidelines and determining the scope of
State-level data under paragraph (1); and
(B) exploring ways to address data needs and serve data
uses.
(d) Assessment of State Data Needs.--Not later than 1 year after
the date of enactment of this Act, the Administrator shall submit to
Congress an assessment of State-level data needs, including a plan to
address the needs.
(e) Authorization of Appropriations.--In addition to any other
amounts made available to the Administrator, there are authorized to be
appropriated to the Administrator to carry out this section--
(1) $10,000,000 for fiscal year 2008;
(2) $10,000,000 for fiscal year 2009;
(3) $10,000,000 for fiscal year 2010;
(4) $15,000,000 for fiscal year 2011;
(5) $20,000,000 for fiscal year 2012; and
(6) such sums as are necessary for subsequent fiscal years.
SEC. 806. SENSE OF CONGRESS RELATING TO THE USE OF RENEWABLE RESOURCES
TO GENERATE ENERGY.
(a) Findings.--Congress finds that--
(1) the United States has a quantity of renewable energy
resources that is sufficient to supply a significant portion of the
energy needs of the United States;
(2) the agricultural, forestry, and working land of the United
States can help ensure a sustainable domestic energy system;
(3) accelerated development and use of renewable energy
technologies provide numerous benefits to the United States,
including improved national security, improved balance of payments,
healthier rural economies, improved environmental quality, and
abundant, reliable, and affordable energy for all citizens of the
United States;
(4) the production of transportation fuels from renewable
energy would help the United States meet rapidly growing domestic
and global energy demands, reduce the dependence of the United
States on energy imported from volatile regions of the world that
are politically unstable, stabilize the cost and availability of
energy, and safeguard the economy and security of the United
States;
(5) increased energy production from domestic renewable
resources would attract substantial new investments in energy
infrastructure, create economic growth, develop new jobs for the
citizens of the United States, and increase the income for farm,
ranch, and forestry jobs in the rural regions of the United States;
(6) increased use of renewable energy is practical and can be
cost effective with the implementation of supportive policies and
proper incentives to stimulate markets and infrastructure; and
(7) public policies aimed at enhancing renewable energy
production and accelerating technological improvements will further
reduce energy costs over time and increase market demand.
(b) Sense of Congress.--It is the sense of Congress that it is the
goal of the United States that, not later than January 1, 2025, the
agricultural, forestry, and working land of the United States should--
(1) provide from renewable resources not less than 25 percent
of the total energy consumed in the United States; and
(2) continue to produce safe, abundant, and affordable food,
feed, and fiber.
SEC. 807. GEOTHERMAL ASSESSMENT, EXPLORATION INFORMATION, AND PRIORITY
ACTIVITIES.
(a) In General.--Not later than January 1, 2012, the Secretary of
the Interior, acting through the Director of the United States
Geological Survey, shall--
(1) complete a comprehensive nationwide geothermal resource
assessment that examines the full range of geothermal resources in
the United States; and
(2) submit to the the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report describing the results of the
assessment.
(b) Periodic Updates.--At least once every 10 years, the Secretary
shall update the national assessment required under this section to
support public and private sector decisionmaking.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior to carry out this
section--
(1) $15,000,000 for each of fiscal years 2008 through 2012; and
(2) such sums as are necessary for each of fiscal years 2013
through 2022.
Subtitle B--Prohibitions on Market Manipulation and False Information
SEC. 811. PROHIBITION ON MARKET MANIPULATION.
It is unlawful for any person, directly or indirectly, to use or
employ, in connection with the purchase or sale of crude oil gasoline
or petroleum distillates at wholesale, any manipulative or deceptive
device or contrivance, in contravention of such rules and regulations
as the Federal Trade Commission may prescribe as necessary or
appropriate in the public interest or for the protection of United
States citizens.
SEC. 812. PROHIBITION ON FALSE INFORMATION.
It is unlawful for any person to report information related to the
wholesale price of crude oil gasoline or petroleum distillates to a
Federal department or agency if--
(1) the person knew, or reasonably should have known, the
information to be false or misleading;
(2) the information was required by law to be reported; and
(3) the person intended the false or misleading data to affect
data compiled by the department or agency for statistical or
analytical purposes with respect to the market for crude oil,
gasoline, or petroleum distillates.
SEC. 813. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
(a) Enforcement.--This subtitle shall be enforced by the Federal
Trade Commission in the same manner, by the same means, and with the
same jurisdiction as though all applicable terms of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a
part of this subtitle.
(b) Violation Is Treated as Unfair or Deceptive Act or Practice.--
The violation of any provision of this subtitle shall be treated as an
unfair or deceptive act or practice proscribed under a rule issued
under section 18(a)(1)(B) of the Federal Trade Commission Act (15
U.S.C. 57a(a)(1)(B)).
SEC. 814. PENALTIES.
(a) Civil Penalty.--In addition to any penalty applicable under the
Federal Trade Commission Act (15 U.S.C. 41 et seq.), any supplier that
violates section 811 or 812 shall be punishable by a civil penalty of
not more than $1,000,000.
(b) Method.--The penalties provided by subsection (a) shall be
obtained in the same manner as civil penalties imposed under section 5
of the Federal Trade Commission Act (15 U.S.C. 45).
(c) Multiple Offenses; Mitigating Factors.--In assessing the
penalty provided by subsection (a)--
(1) each day of a continuing violation shall be considered a
separate violation; and
(2) the court shall take into consideration, among other
factors--
(A) the seriousness of the violation; and
(B) the efforts of the person committing the violation to
remedy the harm caused by the violation in a timely manner.
SEC. 815. EFFECT ON OTHER LAWS.
(a) Other Authority of the Commission.--Nothing in this subtitle
limits or affects the authority of the Federal Trade Commission to
bring an enforcement action or take any other measure under the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) or any other provision of
law.
(b) Antitrust Law.--Nothing in this subtitle shall be construed to
modify, impair, or supersede the operation of any of the antitrust
laws. For purposes of this subsection, the term ``antitrust laws''
shall have the meaning given it in subsection (a) of the first section
of the Clayton Act (15 U.S.C. 12), except that it includes section 5 of
the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such
section 5 applies to unfair methods of competition.
(c) State Law.--Nothing in this subtitle preempts any State law.
TITLE IX--INTERNATIONAL ENERGY PROGRAMS
SEC. 901. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the Committee on
Energy and Commerce of the House of Representatives; and
(B) the Committee on Foreign Relations, the Committee on
Energy and Natural Resources, the Committee on Environment and
Public Works, and the Committee on Commerce, Science, and
Transportation of the Senate.
(2) Clean and efficient energy technology.--The term ``clean
and efficient energy technology'' means an energy supply or end-use
technology that, compared to a similar technology already in
widespread commercial use in a recipient country, will--
(A) reduce emissions of greenhouse gases; or
(B)(i) increase efficiency of energy production; or
(ii) decrease intensity of energy usage.
(3) Greenhouse gas.--The term ``greenhouse gas'' means--
(A) carbon dioxide;
(B) methane;
(C) nitrous oxide;
(D) hydrofluorocarbons;
(E) perfluorocarbons; or
(F) sulfur hexafluoride.
Subtitle A--Assistance to Promote Clean and Efficient Energy
Technologies in Foreign Countries
SEC. 911. UNITED STATES ASSISTANCE FOR DEVELOPING COUNTRIES.
(a) Assistance Authorized.--The Administrator of the United States
Agency for International Development shall support policies and
programs in developing countries that promote clean and efficient
energy technologies--
(1) to produce the necessary market conditions for the private
sector delivery of energy and environmental management services;
(2) to create an environment that is conducive to accepting
clean and efficient energy technologies that support the overall
purpose of reducing greenhouse gas emissions, including--
(A) improving policy, legal, and regulatory frameworks;
(B) increasing institutional abilities to provide energy
and environmental management services; and
(C) increasing public awareness and participation in the
decision-making of delivering energy and environmental
management services; and
(3) to promote the use of American-made clean and efficient
energy technologies, products, and energy and environmental
management services.
(b) Report.--The Administrator of the United States Agency for
International Development shall submit to the appropriate congressional
committees an annual report on the implementation of this section for
each of the fiscal years 2008 through 2012.
(c) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated to the Administrator of the
United States Agency for International Development $200,000,000 for
each of the fiscal years 2008 through 2012.
SEC. 912. UNITED STATES EXPORTS AND OUTREACH PROGRAMS FOR INDIA, CHINA,
AND OTHER COUNTRIES.
(a) Assistance Authorized.--The Secretary of Commerce shall direct
the United States and Foreign Commercial Service to expand or create a
corps of the Foreign Commercial Service officers to promote United
States exports in clean and efficient energy technologies and build the
capacity of government officials in India, China, and any other country
the Secretary of Commerce determines appropriate, to become more
familiar with the available technologies--
(1) by assigning or training Foreign Commercial Service
attaches, who have expertise in clean and efficient energy
technologies from the United States, to embark on business
development and outreach efforts to such countries; and
(2) by deploying the attaches described in paragraph (1) to
educate provincial, state, and local government officials in such
countries on the variety of United States-based technologies in
clean and efficient energy technologies for the purposes of
promoting United States exports and reducing global greenhouse gas
emissions.
(b) Report.--The Secretary of Commerce shall submit to the
appropriate congressional committees an annual report on the
implementation of this section for each of the fiscal years 2008
through 2012.
(c) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated to the Secretary of Commerce
such sums as may be necessary for each of the fiscal years 2008 through
2012.
SEC. 913. UNITED STATES TRADE MISSIONS TO ENCOURAGE PRIVATE SECTOR
TRADE AND INVESTMENT.
(a) Assistance Authorized.--The Secretary of Commerce shall direct
the International Trade Administration to expand or create trade
missions to and from the United States to encourage private sector
trade and investment in clean and efficient energy technologies--
(1) by organizing and facilitating trade missions to foreign
countries and by matching United States private sector companies
with opportunities in foreign markets so that clean and efficient
energy technologies can help to combat increases in global
greenhouse gas emissions; and
(2) by creating reverse trade missions in which the Department
of Commerce facilitates the meeting of foreign private and public
sector organizations with private sector companies in the United
States for the purpose of showcasing clean and efficient energy
technologies in use or in development that could be exported to
other countries.
(b) Report.--The Secretary of Commerce shall submit to the
appropriate congressional committees an annual report on the
implementation of this section for each of the fiscal years 2008
through 2012.
(c) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated to the Secretary of Commerce
such sums as may be necessary for each of the fiscal years 2008 through
2012.
SEC. 914. ACTIONS BY OVERSEAS PRIVATE INVESTMENT CORPORATION.
(a) Sense of Congress.--It is the sense of Congress that the
Overseas Private Investment Corporation should promote greater
investment in clean and efficient energy technologies by--
(1) proactively reaching out to United States companies that
are interested in investing in clean and efficient energy
technologies in countries that are significant contributors to
global greenhouse gas emissions;
(2) giving preferential treatment to the evaluation and
awarding of projects that involve the investment or utilization of
clean and efficient energy technologies; and
(3) providing greater flexibility in supporting projects that
involve the investment or utilization of clean and efficient energy
technologies, including financing, insurance, and other assistance.
(b) Report.--The Overseas Private Investment Corporation shall
include in its annual report required under section 240A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2200a)--
(1) a description of the activities carried out to implement
this section; or
(2) if the Corporation did not carry out any activities to
implement this section, an explanation of the reasons therefor.
SEC. 915. ACTIONS BY UNITED STATES TRADE AND DEVELOPMENT AGENCY.
(a) Assistance Authorized.--The Director of the Trade and
Development Agency shall establish or support policies that--
(1) proactively seek opportunities to fund projects that
involve the utilization of clean and efficient energy technologies,
including in trade capacity building and capital investment
projects;
(2) where appropriate, advance the utilization of clean and
efficient energy technologies, particularly to countries that have
the potential for significant reduction in greenhouse gas
emissions; and
(3) recruit and retain individuals with appropriate expertise
or experience in clean, renewable, and efficient energy
technologies to identify and evaluate opportunities for projects
that involve clean and efficient energy technologies and services.
(b) Report.--The President shall include in the annual report on
the activities of the Trade and Development Agency required under
section 661(d) of the Foreign Assistance Act of 1961 (22 U.S.C.
2421(d)) a description of the activities carried out to implement this
section.
SEC. 916. DEPLOYMENT OF INTERNATIONAL CLEAN AND EFFICIENT ENERGY
TECHNOLOGIES AND INVESTMENT IN GLOBAL ENERGY MARKETS.
(a) Task Force.--
(1) Establishment.--Not later than 90 days after the date of
the enactment of this Act, the President shall establish a Task
Force on International Cooperation for Clean and Efficient Energy
Technologies (in this section referred to as the ``Task Force'').
(2) Composition.--The Task Force shall be composed of
representatives, appointed by the head of the respective Federal
department or agency, of--
(A) the Council on Environmental Quality;
(B) the Department of Energy;
(C) the Department of Commerce;
(D) the Department of the Treasury;
(E) the Department of State;
(F) the Environmental Protection Agency;
(G) the United States Agency for International Development;
(H) the Export-Import Bank of the United States;
(I) the Overseas Private Investment Corporation:
(J) the Trade and Development Agency;
(K) the Small Business Administration;
(L) the Office of the United States Trade Representative;
and
(M) other Federal departments and agencies, as determined
by the President.
(3) Chairperson.--The President shall designate a Chairperson
or Co-Chairpersons of the Task Force.
(4) Duties.--The Task Force--
(A) shall develop and assist in the implementation of the
strategy required under subsection (c); and
(B)(i) shall analyze technology, policy, and market
opportunities for the development, demonstration, and
deployment of clean and efficient energy technologies on an
international basis; and
(ii) shall examine relevant trade, tax, finance,
international, and other policy issues to assess which
policies, in the United States and in developing countries,
would help open markets and improve the export of clean and
efficient energy technologies from the United States.
(5) Termination.--The Task Force, including any working group
established by the Task Force pursuant to subsection (b), shall
terminate 12 years after the date of the enactment of this Act.
(b) Working Groups.--
(1) Establishment.--The Task Force--
(A) shall establish an Interagency Working Group on the
Export of Clean and Efficient Energy Technologies (in this
section referred to as the ``Interagency Working Group''); and
(B) may establish other working groups as may be necessary
to carry out this section.
(2) Composition.--The Interagency Working Group shall be
composed of--
(A) the Secretary of Energy, the Secretary of Commerce, and
the Secretary of State, who shall serve as Co-Chairpersons of
the Interagency Working Group; and
(B) other members, as determined by the Chairperson or Co-
Chairpersons of the Task Force.
(3) Duties.--The Interagency Working Group shall coordinate the
resources and relevant programs of the Department of Energy, the
Department of Commerce, the Department of State, and other relevant
Federal departments and agencies to support the export of clean and
efficient energy technologies developed or demonstrated in the
United States to other countries and the deployment of such clean
and efficient energy technologies in such other countries.
(4) Interagency center.--The Interagency Working Group--
(A) shall establish an Interagency Center on the Export of
Clean and Efficient Energy Technologies (in this section
referred to as the ``Interagency Center'') to assist the
Interagency Working Group in carrying out its duties required
under paragraph (3); and
(B) shall locate the Interagency Center at a site agreed
upon by the Co-Chairpersons of the Interagency Working Group,
with the approval of the Chairperson or Co-Chairpersons of the
Task Force.
(c) Strategy.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Task Force shall develop and submit to
the President and the appropriate congressional committees a
strategy to--
(A) support the development and implementation of programs,
policies, and initiatives in developing countries to promote
the adoption and deployment of clean and efficient energy
technologies, with an emphasis on those developing countries
that are expected to experience the most significant growth in
energy production and use over the next 20 years;
(B) open and expand clean and efficient energy technology
markets and facilitate the export of clean and efficient energy
technologies to developing countries, in a manner consistent
with United States obligations as a member of the World Trade
Organization;
(C) integrate into the foreign policy objectives of the
United States the promotion of--
(i) the deployment of clean and efficient energy
technologies and the reduction of greenhouse gas emissions
in developing countries; and
(ii) the export of clean and efficient energy
technologies; and
(D) develop financial mechanisms and instruments, including
securities that mitigate the political and foreign exchange
risks of uses that are consistent with the foreign policy
objectives of the United States by combining the private sector
market and government enhancements, that--
(i) are cost-effective; and
(ii) facilitate private capital investment in clean and
efficient energy technology projects in developing
countries.
(2) Updates.--Not later than 3 years after the date of
submission of the strategy under paragraph (1), and every 3 years
thereafter, the Task Force shall update the strategy in accordance
with the requirements of paragraph (1).
(d) Report.--
(1) In general.--Not later than 3 years after the date of
submission of the strategy under subsection (c)(1), and every 3
years thereafter, the President shall transmit to the appropriate
congressional committees a report on the implementation of this
section for the prior 3-year period.
(2) Matters to be included.--The report required under
paragraph (1) shall include the following:
(A) The update of the strategy required under subsection
(c)(2) and a description of the actions taken by the Task Force
to assist in the implementation of the strategy.
(B) A description of actions taken by the Task Force to
carry out the duties required under subsection (a)(4)(B).
(C) A description of assistance provided under this
section.
(D) The results of programs, projects, and activities
carried out under this section.
(E) A description of priorities for promoting the diffusion
and adoption of clean and efficient energy technologies and
strategies in developing countries, taking into account
economic and security interests of the United States and
opportunities for the export of technology of the United
States.
(F) Recommendations to the heads of appropriate Federal
departments and agencies on methods to streamline Federal
programs and policies to improve the role of such Federal
departments and agencies in the development, demonstration, and
deployment of clean and efficient energy technologies on an
international basis.
(G) Strategies to integrate representatives of the private
sector and other interested groups on the export and deployment
of clean and efficient energy technologies.
(H) A description of programs to disseminate information to
the private sector and the public on clean and efficient energy
technologies and opportunities to transfer such clean and
efficient energy technologies.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2008 through 2020.
SEC. 917. UNITED STATES-ISRAEL ENERGY COOPERATION.
(a) Findings.--Congress finds that--
(1) it is in the highest national security interests of the
United States to develop renewable energy sources;
(2) the State of Israel is a steadfast ally of the United
States;
(3) the special relationship between the United States and
Israel is manifested in a variety of cooperative scientific
research and development programs, such as--
(A) the United States-Israel Binational Science Foundation;
and
(B) the United States-Israel Binational Industrial Research
and Development Foundation;
(4) those programs have made possible many scientific,
technological, and commercial breakthroughs in the fields of life
sciences, medicine, bioengineering, agriculture, biotechnology,
communications, and others;
(5) on February 1, 1996, the Secretary of Energy (referred to
in this section as the ``Secretary'') and the Israeli Minister of
Energy and Infrastructure signed an agreement to establish a
framework for collaboration between the United States and Israel in
energy research and development activities;
(6) Israeli scientists and engineers are at the forefront of
research and development in the field of renewable energy sources;
and
(7) enhanced cooperation between the United States and Israel
for the purpose of research and development of renewable energy
sources would be in the national interests of both countries.
(b) Grant Program.--
(1) Establishment.--In implementing the agreement entitled the
``Agreement between the Department of Energy of the United States
of America and the Ministry of Energy and Infrastructure of Israel
Concerning Energy Cooperation'', dated February 1, 1996, the
Secretary shall establish a grant program in accordance with the
requirements of sections 988 and 989 of the Energy Policy Act of
2005 (42 U.S.C. 16352, 16353) to support research, development, and
commercialization of renewable energy or energy efficiency.
(2) Types of energy.--In carrying out paragraph (1), the
Secretary may make grants to promote--
(A) solar energy;
(B) biomass energy;
(C) energy efficiency;
(D) wind energy;
(E) geothermal energy;
(F) wave and tidal energy; and
(G) advanced battery technology.
(3) Eligible applicants.--An applicant shall be eligible to
receive a grant under this subsection if the project of the
applicant--
(A) addresses a requirement in the area of improved energy
efficiency or renewable energy sources, as determined by the
Secretary; and
(B) is a joint venture between--
(i)(I) a for-profit business entity, academic
institution, National Laboratory (as defined in section 2
of the Energy Policy Act of 2005 (42 U.S.C. 15801)), or
nonprofit entity in the United States; and
(II) a for-profit business entity, academic
institution, or nonprofit entity in Israel; or
(ii)(I) the Federal Government; and
(II) the Government of Israel.
(4) Applications.--To be eligible to receive a grant under this
subsection, an applicant shall submit to the Secretary an
application for the grant in accordance with procedures established
by the Secretary, in consultation with the advisory board
established under paragraph (5).
(5) Advisory board.--
(A) Establishment.--The Secretary shall establish an
advisory board--
(i) to monitor the method by which grants are awarded
under this subsection; and
(ii) to provide to the Secretary periodic performance
reviews of actions taken to carry out this subsection.
(B) Composition.--The advisory board established under
subparagraph (A) shall be composed of 3 members, to be
appointed by the Secretary, of whom--
(i) 1 shall be a representative of the Federal
Government;
(ii) 1 shall be selected from a list of nominees
provided by the United States-Israel Binational Science
Foundation; and
(iii) 1 shall be selected from a list of nominees
provided by the United States-Israel Binational Industrial
Research and Development Foundation.
(6) Contributed funds.--Notwithstanding section 3302 of title
31, United States Code, the Secretary may accept, retain, and use
funds contributed by any person, government entity, or organization
for purposes of carrying out this subsection--
(A) without further appropriation; and
(B) without fiscal year limitation.
(7) Report.--Not later than 180 days after the date of
completion of a project for which a grant is provided under this
subsection, the grant recipient shall submit to the Secretary a
report that contains--
(A) a description of the method by which the recipient used
the grant funds; and
(B) an evaluation of the level of success of each project
funded by the grant.
(8) Classification.--Grants shall be awarded under this
subsection only for projects that are considered to be unclassified
by both the United States and Israel.
(c) Termination.--The grant program and the advisory committee
established under this section terminate on the date that is 7 years
after the date of enactment of this Act.
(d) Authorization of Appropriations.--The Secretary shall use
amounts authorized to be appropriated under section 931 of the Energy
Policy Act of 2005 (42 U.S.C. 16231) to carry out this section.
Subtitle B--International Clean Energy Foundation
SEC. 921. DEFINITIONS.
In this subtitle:
(1) Board.--The term ``Board'' means the Board of Directors of
the Foundation established pursuant to section 922(c).
(2) Chief executive officer.--The term ``Chief Executive
Officer'' means the chief executive officer of the Foundation
appointed pursuant to section 922(b).
(3) Foundation.--The term ``Foundation'' means the
International Clean Energy Foundation established by section
922(a).
SEC. 922. ESTABLISHMENT AND MANAGEMENT OF FOUNDATION.
(a) Establishment.--
(1) In general.--There is established in the executive branch a
foundation to be known as the ``International Clean Energy
Foundation'' that shall be responsible for carrying out the
provisions of this subtitle. The Foundation shall be a government
corporation, as defined in section 103 of title 5, United States
Code.
(2) Board of directors.--The Foundation shall be governed by a
Board of Directors in accordance with subsection (c).
(3) Intent of congress.--It is the intent of Congress, in
establishing the structure of the Foundation set forth in this
subsection, to create an entity that serves the long-term foreign
policy and energy security goals of reducing global greenhouse gas
emissions.
(b) Chief Executive Officer.--
(1) In general.--There shall be in the Foundation a Chief
Executive Officer who shall be responsible for the management of
the Foundation.
(2) Appointment.--The Chief Executive Officer shall be
appointed by the Board, with the advice and consent of the Senate,
and shall be a recognized leader in clean and efficient energy
technologies and climate change and shall have experience in energy
security, business, or foreign policy, chosen on the basis of a
rigorous search.
(3) Relationship to board.--The Chief Executive Officer shall
report to, and be under the direct authority of, the Board.
(4) Compensation and rank.--
(A) In general.--The Chief Executive Officer shall be
compensated at the rate provided for level III of the Executive
Schedule under section 5314 of title 5, United States Code.
(B) Amendment.--Section 5314 of title 5, United States
Code, is amended by adding at the end the following:
``Chief Executive Officer, International Clean Energy
Foundation.''.
(C) Authorities and duties.--The Chief Executive Officer
shall be responsible for the management of the Foundation and
shall exercise the powers and discharge the duties of the
Foundation.
(D) Authority to appoint officers.--In consultation and
with approval of the Board, the Chief Executive Officer shall
appoint all officers of the Foundation.
(c) Board of Directors.--
(1) Establishment.--There shall be in the Foundation a Board of
Directors.
(2) Duties.--The Board shall perform the functions specified to
be carried out by the Board in this subtitle and may prescribe,
amend, and repeal bylaws, rules, regulations, and procedures
governing the manner in which the business of the Foundation may be
conducted and in which the powers granted to it by law may be
exercised.
(3) Membership.--The Board shall consist of--
(A) the Secretary of State (or the Secretary's designee),
the Secretary of Energy (or the Secretary's designee), and the
Administrator of the United States Agency for International
Development (or the Administrator's designee); and
(B) four other individuals with relevant experience in
matters relating to energy security (such as individuals who
represent institutions of energy policy, business
organizations, foreign policy organizations, or other relevant
organizations) who shall be appointed by the President, by and
with the advice and consent of the Senate, of whom--
(i) one individual shall be appointed from among a list
of individuals submitted by the Majority Leader of the
House of Representatives;
(ii) one individual shall be appointed from among a
list of individuals submitted by the Minority Leader of the
House of Representatives;
(iii) one individual shall be appointed from among a
list of individuals submitted by the Majority Leader of the
Senate; and
(iv) one individual shall be appointed from among a
list of individuals submitted by the Minority Leader of the
Senate.
(4) Chief executive officer.--The Chief Executive Officer of
the Foundation shall serve as a nonvoting, ex officio member of the
Board.
(5) Terms.--
(A) Officers of the federal government.--Each member of the
Board described in paragraph (3)(A) shall serve for a term that
is concurrent with the term of service of the individual's
position as an officer within the other Federal department or
agency.
(B) Other members.--Each member of the Board described in
paragraph (3)(B) shall be appointed for a term of 3 years and
may be reappointed for a term of an additional 3 years.
(C) Vacancies.--A vacancy in the Board shall be filled in
the manner in which the original appointment was made.
(D) Acting members.--A vacancy in the Board may be filled
with an appointment of an acting member by the Chairperson of
the Board for up to 1 year while a nominee is named and awaits
confirmation in accordance with paragraph (3)(B).
(6) Chairperson.--There shall be a Chairperson of the Board.
The Secretary of State (or the Secretary's designee) shall serve as
the Chairperson.
(7) Quorum.--A majority of the members of the Board described
in paragraph (3) shall constitute a quorum, which, except with
respect to a meeting of the Board during the 135-day period
beginning on the date of the enactment of this Act, shall include
at least 1 member of the Board described in paragraph (3)(B).
(8) Meetings.--The Board shall meet at the call of the
Chairperson, who shall call a meeting no less than once a year.
(9) Compensation.--
(A) Officers of the federal government.--
(i) In general.--A member of the Board described in
paragraph (3)(A) may not receive additional pay,
allowances, or benefits by reason of the member's service
on the Board.
(ii) Travel expenses.--Each such member of the Board
shall receive travel expenses, including per diem in lieu
of subsistence, in accordance with applicable provisions
under subchapter I of chapter 57 of title 5, United States
Code.
(B) Other members.--
(i) In general.--Except as provided in clause (ii), a
member of the Board described in paragraph (3)(B)--
(I) shall be paid compensation out of funds made
available for the purposes of this subtitle at the
daily equivalent of the highest rate payable under
section 5332 of title 5, United States Code, for each
day (including travel time) during which the member is
engaged in the actual performance of duties as a member
of the Board; and
(II) while away from the member's home or regular
place of business on necessary travel in the actual
performance of duties as a member of the Board, shall
be paid per diem, travel, and transportation expenses
in the same manner as is provided under subchapter I of
chapter 57 of title 5, United States Code.
(ii) Limitation.--A member of the Board may not be paid
compensation under clause (i)(II) for more than 90 days in
any calendar year.
SEC. 923. DUTIES OF FOUNDATION.
The Foundation shall--
(1) use the funds authorized by this subtitle to make grants to
promote projects outside of the United States that serve as models
of how to significantly reduce the emissions of global greenhouse
gases through clean and efficient energy technologies, processes,
and services;
(2) seek contributions from foreign governments, especially
those rich in energy resources such as member countries of the
Organization of the Petroleum Exporting Countries, and private
organizations to supplement funds made available under this
subtitle;
(3) harness global expertise through collaborative partnerships
with foreign governments and domestic and foreign private actors,
including nongovernmental organizations and private sector
companies, by leveraging public and private capital, technology,
expertise, and services towards innovative models that can be
instituted to reduce global greenhouse gas emissions;
(4) create a repository of information on best practices and
lessons learned on the utilization and implementation of clean and
efficient energy technologies and processes to be used for future
initiatives to tackle the climate change crisis;
(5) be committed to minimizing administrative costs and to
maximizing the availability of funds for grants under this
subtitle; and
(6) promote the use of American-made clean and efficient energy
technologies, processes, and services by giving preference to
entities incorporated in the United States and whose technology
will be substantially manufactured in the United States.
SEC. 924. ANNUAL REPORT.
(a) Report Required.--Not later than March 31, 2008, and each March
31 thereafter, the Foundation shall submit to the appropriate
congressional committees a report on the implementation of this
subtitle during the prior fiscal year.
(b) Contents.--The report required by subsection (a) shall
include--
(1) the total financial resources available to the Foundation
during the year, including appropriated funds, the value and source
of any gifts or donations accepted pursuant to section 925(a)(6),
and any other resources;
(2) a description of the Board's policy priorities for the year
and the basis upon which competitive grant proposals were solicited
and awarded to nongovernmental institutions and other
organizations;
(3) a list of grants made to nongovernmental institutions and
other organizations that includes the identity of the institutional
recipient, the dollar amount, and the results of the program; and
(4) the total administrative and operating expenses of the
Foundation for the year, as well as specific information on--
(A) the number of Foundation employees and the cost of
compensation for Board members, Foundation employ-
ees, and personal service contractors;
(B) costs associated with securing the use of real property
for carrying out the functions of the Foundation;
(C) total travel expenses incurred by Board members and
Foundation employees in connection with Foundation activities;
and
(D) total representational expenses.
SEC. 925. POWERS OF THE FOUNDATION; RELATED PROVISIONS.
(a) Powers.--The Foundation--
(1) shall have perpetual succession unless dissolved by a law
enacted after the date of the enactment of this Act;
(2) may adopt, alter, and use a seal, which shall be judicially
noticed;
(3) may make and perform such contracts, grants, and other
agreements with any person or government however designated and
wherever situated, as may be necessary for carrying out the
functions of the Foundation;
(4) may determine and prescribe the manner in which its
obligations shall be incurred and its expenses allowed and paid,
including expenses for representation;
(5) may lease, purchase, or otherwise acquire, improve, and use
such real property wherever situated, as may be necessary for
carrying out the functions of the Foundation;
(6) may accept money, funds, services, or property (real,
personal, or mixed), tangible or intangible, made available by
gift, bequest grant, or otherwise for the purpose of carrying out
the provisions of this title from domestic or foreign private
individuals, charities, nongovernmental organizations,
corporations, or governments;
(7) may use the United States mails in the same manner and on
the same conditions as the executive departments;
(8) may contract with individuals for personal services, who
shall not be considered Federal employees for any provision of law
administered by the Office of Personnel Management;
(9) may hire or obtain passenger motor vehicles; and
(10) shall have such other powers as may be necessary and
incident to carrying out this subtitle.
(b) Principal Office.--The Foundation shall maintain its principal
office in the metropolitan area of Washington, District of Columbia.
(c) Applicability of Government Corporation Control Act.--
(1) In general.--The Foundation shall be subject to chapter 91
of subtitle VI of title 31, United States Code, except that the
Foundation shall not be authorized to issue obligations or offer
obligations to the public.
(2) Conforming amendment.--Section 9101(3) of title 31, United
States Code, is amended by adding at the end the following:
``(R) the International Clean Energy Foundation.''.
(d) Inspector General.--
(1) In general.--The Inspector General of the Department of
State shall serve as Inspector General of the Foundation, and, in
acting in such capacity, may conduct reviews, investigations, and
inspections of all aspects of the operations and activities of the
Foundation.
(2) Authority of the board.--In carrying out the
responsibilities under this subsection, the Inspector General shall
report to and be under the general supervision of the Board.
(3) Reimbursement and authorization of services.--
(A) Reimbursement.--The Foundation shall reimburse the
Department of State for all expenses incurred by the Inspector
General in connection with the Inspector General's
responsibilities under this subsection.
(B) Authorization for services.--Of the amount authorized
to be appropriated under section 927(a) for a fiscal year, up
to $500,000 is authorized to be made available to the Inspector
General of the Department of State to conduct reviews,
investigations, and inspections of operations and activities of
the Foundation.
SEC. 926. GENERAL PERSONNEL AUTHORITIES.
(a) Detail of Personnel.--Upon request of the Chief Executive
Officer, the head of an agency may detail any employee of such agency
to the Foundation on a reimbursable basis. Any employee so detailed
remains, for the purpose of preserving such employee's allowances,
privileges, rights, seniority, and other benefits, an employee of the
agency from which detailed.
(b) Reemployment Rights.--
(1) In general.--An employee of an agency who is serving under
a career or career conditional appointment (or the equivalent), and
who, with the consent of the head of such agency, transfers to the
Foundation, is entitled to be reemployed in such employee's former
position or a position of like seniority, status, and pay in such
agency, if such employee--
(A) is separated from the Foundation for any reason, other
than misconduct, neglect of duty, or malfeasance; and
(B) applies for reemployment not later than 90 days after
the date of separation from the Foundation.
(2) Specific rights.--An employee who satisfies paragraph (1)
is entitled to be reemployed (in accordance with such paragraph)
within 30 days after applying for reemployment and, on
reemployment, is entitled to at least the rate of basic pay to
which such employee would have been entitled had such employee
never transferred.
(c) Hiring Authority.--Of persons employed by the Foundation, no
more than 30 persons may be appointed, compensated, or removed without
regard to the civil service laws and regulations.
(d) Basic Pay.--The Chief Executive Officer may fix the rate of
basic pay of employees of the Foundation without regard to the
provisions of chapter 51 of title 5, United States Code (relating to
the classification of positions), subchapter III of chapter 53 of such
title (relating to General Schedule pay rates), except that no employee
of the Foundation may receive a rate of basic pay that exceeds the rate
for level IV of the Executive Schedule under section 5315 of such
title.
(e) Definitions.--In this section--
(1) the term ``agency'' means an executive agency, as defined
by section 105 of title 5, United States Code; and
(2) the term ``detail'' means the assignment or loan of an
employee, without a change of position, from the agency by which
such employee is employed to the Foundation.
SEC. 927. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--To carry out this subtitle,
there are authorized to be appropriated $20,000,000 for each of the
fiscal years 2009 through 2013.
(b) Allocation of Funds.--
(1) In general.--The Foundation may allocate or transfer to any
agency of the United States Government any of the funds available
for carrying out this subtitle. Such funds shall be available for
obligation and expenditure for the purposes for which the funds
were authorized, in accordance with authority granted in this
subtitle or under authority governing the activities of the United
States Government agency to which such funds are allocated or
transferred.
(2) Notification.--The Foundation shall notify the appropriate
congressional committees not less than 15 days prior to an
allocation or transfer of funds pursuant to paragraph (1).
Subtitle C--Miscellaneous Provisions
SEC. 931. ENERGY DIPLOMACY AND SECURITY WITHIN THE DEPARTMENT OF STATE.
(a) State Department Coordinator for International Energy
Affairs.--
(1) In general.--The Secretary of State should ensure that
energy security is integrated into the core mission of the
Department of State.
(2) Coordinator for international energy affairs.--There is
established within the Office of the Secretary of State a
Coordinator for International Energy Affairs, who shall be
responsible for--
(A) representing the Secretary of State in interagency
efforts to develop the international energy policy of the
United States;
(B) ensuring that analyses of the national security
implications of global energy and environmental developments
are reflected in the decision making process within the
Department of State;
(C) incorporating energy security priorities into the
activities of the Department of State;
(D) coordinating energy activities of the Department of
State with relevant Federal agencies; and
(E) coordinating energy security and other relevant
functions within the Department of State currently undertaken
by offices within--
(i) the Bureau of Economic, Energy and Business
Affairs;
(ii) the Bureau of Oceans and International
Environmental and Scientific Affairs; and
(iii) other offices within the Department of State.
(3) Authorization of appropriations.--There are authorized to
be appropriated such sums as may be necessary to carry out this
subsection.
(b) Energy Experts in Key Embassies.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of State shall
submit a report to the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of Representatives that
includes--
(1) a description of the Department of State personnel who are
dedicated to energy matters and are stationed at embassies and
consulates in countries that are major energy producers or
consumers;
(2) an analysis of the need for Federal energy specialist
personnel in United States embassies and other United States
diplomatic missions; and
(3) recommendations for increasing energy expertise within
United States embassies among foreign service officers and options
for assigning to such embassies energy attaches from the National
Laboratories or other agencies within the Department of Energy.
(c) Energy Advisors.--The Secretary of Energy may make appropriate
arrangements with the Secretary of State to assign personnel from the
Department of Energy or the National Laboratories of the Department of
Energy to serve as dedicated advisors on energy matters in embassies of
the United States or other United States diplomatic missions.
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, and every 2 years thereafter for the following
20 years, the Secretary of State shall submit a report to the Committee
on Foreign Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives that describes--
(1) the energy-related activities being conducted by the
Department of State, including activities within--
(A) the Bureau of Economic, Energy and Business Affairs;
(B) the Bureau of Oceans and Environmental and Scientific
Affairs; and
(C) other offices within the Department of State;
(2) the amount of funds spent on each activity within each
office described in paragraph (1); and
(3) the number and qualification of personnel in each embassy
(or relevant foreign posting) of the United States whose work is
dedicated exclusively to energy matters.
SEC. 932. NATIONAL SECURITY COUNCIL REORGANIZATION.
Section 101(a) of the National Security Act of 1947 (50 U.S.C.
402(a)) is amended--
(1) by redesignating paragraphs (5), (6), and (7) as paragraphs
(6), (7), and (8), respectively; and
(2) by inserting after paragraph (4) the following:
``(5) the Secretary of Energy;''.
SEC. 933. ANNUAL NATIONAL ENERGY SECURITY STRATEGY REPORT.
(a) Reports.--
(1) In general.--Subject to paragraph (2), on the date on which
the President submits to Congress the budget for the following
fiscal year under section 1105 of title 31, United States Code, the
President shall submit to Congress a comprehensive report on the
national energy security of the United States.
(2) New presidents.--In addition to the reports required under
paragraph (1), the President shall submit a comprehensive report on
the national energy security of the United States by not later than
150 days after the date on which the President assumes the office
of President after a presidential election.
(b) Contents.--Each report under this section shall describe the
national energy security strategy of the United States, including a
comprehensive description of--
(1) the worldwide interests, goals, and objectives of the
United States that are vital to the national energy security of the
United States;
(2) the foreign policy, worldwide commitments, and national
defense capabilities of the United States necessary--
(A) to deter political manipulation of world energy
resources; and
(B) to implement the national energy security strategy of
the United States;
(3) the proposed short-term and long-term uses of the
political, economic, military, and other authorities of the United
States--
(A) to protect or promote energy security; and
(B) to achieve the goals and objectives described in
paragraph (1);
(4) the adequacy of the capabilities of the United States to
protect the national energy security of the United States,
including an evaluation of the balance among the capabilities of
all elements of the national authority of the United States to
support the implementation of the national energy security
strategy; and
(5) such other information as the President determines to be
necessary to inform Congress on matters relating to the national
energy security of the United States.
(c) Classified and Unclassified Form.--Each national energy
security strategy report shall be submitted to Congress in--
(1) a classified form; and
(2) an unclassified form.
SEC. 934. CONVENTION ON SUPPLEMENTARY COMPENSATION FOR NUCLEAR DAMAGE
CONTINGENT COST ALLOCATION.
(a) Findings and Purpose.--
(1) Findings.--Congress finds that--
(A) section 170 of the Atomic Energy Act of 1954 (42 U.S.C.
2210) (commonly known as the ``Price-Anderson Act'')--
(i) provides a predictable legal framework necessary
for nuclear projects; and
(ii) ensures prompt and equitable compensation in the
event of a nuclear incident in the United States;
(B) the Price-Anderson Act, in effect, provides operators
of nuclear powerplants with insurance for damage arising out of
a nuclear incident and funds the insurance primarily through
the assessment of a retrospective premium from each operator
after the occurrence of a nuclear incident;
(C) the Convention on Supplementary Compensation for
Nuclear Damage, done at Vienna on September 12, 1997, will
establish a global system--
(i) to provide a predictable legal framework necessary
for nuclear energy projects; and
(ii) to ensure prompt and equitable compensation in the
event of a nuclear incident;
(D) the Convention benefits United States nuclear suppliers
that face potentially unlimited liability for nuclear incidents
that are not covered by the Price-Anderson Act by replacing a
potentially open-ended liability with a predictable liability
regime that, in effect, provides nuclear suppliers with
insurance for damage arising out of such an incident;
(E) the Convention also benefits United States nuclear
facility operators that may be publicly liable for a Price-
Anderson incident by providing an additional early source of
funds to compensate damage arising out of the Price-Anderson
incident;
(F) the combined operation of the Convention, the Price-
Anderson Act, and this section will augment the quantity of
assured funds available for victims in a wider variety of
nuclear incidents while reducing the potential liability of
United States suppliers without increasing potential costs to
United States operators;
(G) the cost of those benefits is the obligation of the
United States to contribute to the supplementary compensation
fund established by the Convention;
(H) any such contribution should be funded in a manner that
does not--
(i) upset settled expectations based on the liability
regime established under the Price-Anderson Act; or
(ii) shift to Federal taxpayers liability risks for
nuclear incidents at foreign installations;
(I) with respect to a Price-Anderson incident, funds
already available under the Price-Anderson Act should be used;
and
(J) with respect to a nuclear incident outside the United
States not covered by the Price-Anderson Act, a retrospective
premium should be prorated among nuclear suppliers relieved
from potential liability for which insurance is not available.
(2) Purpose.--The purpose of this section is to allocate the
contingent costs associated with participation by the United States
in the international nuclear liability compensation system
established by the Convention on Supplementary Compensation for
Nuclear Damage, done at Vienna on September 12, 1997--
(A) with respect to a Price-Anderson incident, by using
funds made available under section 170 of the Atomic Energy Act
of 1954 (42 U.S.C. 2210) to cover the contingent costs in a
manner that neither increases the burdens nor decreases the
benefits under section 170 of that Act; and
(B) with respect to a covered incident outside the United
States that is not a Price-Anderson incident, by allocating the
contingent costs equitably, on the basis of risk, among the
class of nuclear suppliers relieved by the Convention from the
risk of potential liability resulting from any covered incident
outside the United States.
(b) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Nuclear
Regulatory Commission.
(2) Contingent cost.--The term ``contingent cost'' means the
cost to the United States in the event of a covered incident the
amount of which is equal to the amount of funds the United States
is obligated to make available under paragraph 1(b) of Article III
of the Convention.
(3) Convention.--The term ``Convention'' means the Convention
on Supplementary Compensation for Nuclear Damage, done at Vienna on
September 12, 1997.
(4) Covered incident.--The term ``covered incident'' means a
nuclear incident the occurrence of which results in a request for
funds pursuant to Article VII of the Convention.
(5) Covered installation.--The term ``covered installation''
means a nuclear installation at which the occurrence of a nuclear
incident could result in a request for funds under Article VII of
the Convention.
(6) Covered person.--
(A) In general.--The term ``covered person'' means--
(i) a United States person; and
(ii) an individual or entity (including an agency or
instrumentality of a foreign country) that--
(I) is located in the United States; or
(II) carries out an activity in the United States.
(B) Exclusions.--The term ``covered person'' does not
include--
(i) the United States; or
(ii) any agency or instrumentality of the United
States.
(7) Nuclear supplier.--The term ``nuclear supplier'' means a
covered person (or a successor in interest of a covered person)
that--
(A) supplies facilities, equipment, fuel, services, or
technology pertaining to the design, construction, operation,
or decommissioning of a covered installation; or
(B) transports nuclear materials that could result in a
covered incident.
(8) Price-anderson incident.--The term ``Price-Anderson
incident'' means a covered incident for which section 170 of the
Atomic Energy Act of 1954 (42 U.S.C. 2210) would make funds
available to compensate for public liability (as defined in section
11 of that Act (42 U.S.C. 2014)).
(9) Secretary.--The term ``Secretary'' means the Secretary of
Energy.
(10) United states.--
(A) In general.--The term ``United States'' has the meaning
given the term in section 11 of the Atomic Energy Act of 1954
(42 U.S.C. 2014).
(B) Inclusions.--The term ``United States'' includes--
(i) the Commonwealth of Puerto Rico;
(ii) any other territory or possession of the United
States;
(iii) the Canal Zone; and
(iv) the waters of the United States territorial sea
under Presidential Proclamation Number 5928, dated December
27, 1988 (43 U.S.C. 1331 note).
(11) United states person.--The term ``United States person''
means--
(A) any individual who is a resident, national, or citizen
of the United States (other than an individual residing outside
of the United States and employed by a person who is not a
United States person); and
(B) any corporation, partnership, association, joint stock
company, business trust, unincorporated organization, or sole
proprietorship that is organized under the laws of the United
States.
(c) Use of Price-Anderson Funds.--
(1) In general.--Funds made available under section 170 of the
Atomic Energy Act of 1954 (42 U.S.C. 2210) shall be used to cover
the contingent cost resulting from any Price-Anderson incident.
(2) Effect.--The use of funds pursuant to paragraph (1) shall
not reduce the limitation on public liability established under
section 170 e. of the Atomic Energy Act of 1954 (42 U.S.C.
2210(e)).
(d) Effect on Amount of Public Liability.--
(1) In general.--Funds made available to the United States
under Article VII of the Convention with respect to a Price-
Anderson incident shall be used to satisfy public liability
resulting from the Price-Anderson incident.
(2) Amount.--The amount of public liability allowable under
section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210)
relating to a Price-Anderson incident under paragraph (1) shall be
increased by an amount equal to the difference between--
(A) the amount of funds made available for the Price-
Anderson incident under Article VII of the Convention; and
(B) the amount of funds used under subsection (c) to cover
the contingent cost resulting from the Price-Anderson incident.
(e) Retrospective Risk Pooling Program.--
(1) In general.--Except as provided under paragraph (2), each
nuclear supplier shall participate in a retrospective risk pooling
program in accordance with this section to cover the contingent
cost resulting from a covered incident outside the United States
that is not a Price-Anderson incident.
(2) Deferred payment.--
(A) In general.--The obligation of a nuclear supplier to
participate in the retrospective risk pooling program shall be
deferred until the United States is called on to provide funds
pursuant to Article VII of the Convention with respect to a
covered incident that is not a Price-Anderson incident.
(B) Amount of deferred payment.--The amount of a deferred
payment of a nuclear supplier under subparagraph (A) shall be
based on the risk-informed assessment formula determined under
subparagraph (C).
(C) Risk-informed assessment formula.--
(i) In general.--Not later than 3 years after the date
of the enactment of this Act, and every 5 years thereafter,
the Secretary shall, by regulation, determine the risk-
informed assessment formula for the allocation among
nuclear suppliers of the contingent cost resulting from a
covered incident that is not a Price-Anderson incident,
taking into account risk factors such as--
(I) the nature and intended purpose of the goods
and services supplied by each nuclear supplier to each
covered installation outside the United States;
(II) the quantity of the goods and services
supplied by each nuclear supplier to each covered
installation outside the United States;
(III) the hazards associated with the supplied
goods and services if the goods and services fail to
achieve the intended purposes;
(IV) the hazards associated with the covered
installation outside the United States to which the
goods and services are supplied;
(V) the legal, regulatory, and financial
infrastructure associated with the covered installation
outside the United States to which the goods and
services are supplied; and
(VI) the hazards associated with particular forms
of transportation.
(ii) Factors for consideration.--In determining the
formula, the Secretary may--
(I) exclude--
(aa) goods and services with negligible risk;
(bb) classes of goods and services not intended
specifically for use in a nuclear installation;
(cc) a nuclear supplier with a de minimis share
of the contingent cost; and
(dd) a nuclear supplier no longer in existence
for which there is no identifiable successor; and
(II) establish the period on which the risk
assessment is based.
(iii) Application.--In applying the formula, the
Secretary shall not consider any covered installation or
transportation for which funds would be available under
section 170 of the Atomic Energy Act of 1954 (42 U.S.C.
2210).
(iv) Report.--Not later than 5 years after the date of
the enactment of this Act, and every 5 years thereafter,
the Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on Energy
and Commerce of the House of Representatives, a report on
whether there is a need for continuation or amendment of
this section, taking into account the effects of the
implementation of the Convention on the United States
nuclear industry and suppliers.
(f) Reporting.--
(1) Collection of information.--
(A) In general.--The Secretary may collect information
necessary for developing and implementing the formula for
calculating the deferred payment of a nuclear supplier under
subsection (e)(2).
(B) Provision of information.--Each nuclear supplier and
other appropriate persons shall make available to the Secretary
such information, reports, records, documents, and other data
as the Secretary determines, by regulation, to be necessary or
appropriate to develop and implement the formula under
subsection (e)(2)(C).
(2) Private insurance.--The Secretary shall make available to
nuclear suppliers, and insurers of nuclear suppliers, information
to support the voluntary establishment and maintenance of private
insurance against any risk for which nuclear suppliers may be
required to pay deferred payments under this section.
(g) Effect on Liability.--Nothing in any other law (including
regulations) limits liability for a covered incident to an amount equal
to less than the amount prescribed in paragraph 1(a) of Article IV of
the Convention, unless the law--
(1) specifically refers to this section; and
(2) explicitly repeals, alters, amends, modifies, impairs,
displaces, or supersedes the effect of this subsection.
(h) Payments to and by the United States.--
(1) Action by nuclear suppliers.--
(A) Notification.--In the case of a request for funds under
Article VII of the Convention resulting from a covered incident
that is not a Price-Anderson incident, the Secretary shall
notify each nuclear supplier of the amount of the deferred
payment required to be made by the nuclear supplier.
(B) Payments.--
(i) In general.--Except as provided under clause (ii),
not later than 60 days after receipt of a notification
under subparagraph (A), a nuclear supplier shall pay to the
general fund of the Treasury the deferred payment of the
nuclear supplier required under subparagraph (A).
(ii) Annual payments.--A nuclear supplier may elect to
prorate payment of the deferred payment required under
subparagraph (A) in 5 equal annual payments (including
interest on the unpaid balance at the prime rate prevailing
at the time the first payment is due).
(C) Vouchers.--A nuclear supplier shall submit payment
certification vouchers to the Secretary of the Treasury in
accordance with section 3325 of title 31, United States Code.
(2) Use of funds.--
(A) In general.--Amounts paid into the Treasury under
paragraph (1) shall be available to the Secretary of the
Treasury, without further appropriation and without fiscal year
limitation, for the purpose of making the contributions of
public funds required to be made by the United States under the
Convention.
(B) Action by secretary of treasury.--The Secretary of the
Treasury shall pay the contribution required under the
Convention to the court of competent jurisdiction under Article
XIII of the Convention with respect to the applicable covered
incident.
(3) Failure to pay.--If a nuclear supplier fails to make a
payment required under this subsection, the Secretary may take
appropriate action to recover from the nuclear supplier--
(A) the amount of the payment due from the nuclear
supplier;
(B) any applicable interest on the payment; and
(C) a penalty of not more than twice the amount of the
deferred payment due from the nuclear supplier.
(i) Limitation on Judicial Review; Cause of Action.--
(1) Limitation on judicial review.--
(A) In general.--In any civil action arising under the
Convention over which Article XIII of the Convention grants
jurisdiction to the courts of the United States, any appeal or
review by writ of mandamus or otherwise with respect to a
nuclear incident that is not a Price-Anderson incident shall be
in accordance with chapter 83 of title 28, United States Code,
except that the appeal or review shall occur in the United
States Court of Appeals for the District of Columbia Circuit.
(B) Supreme court jurisdiction.--Nothing in this paragraph
affects the jurisdiction of the Supreme Court of the United
States under chapter 81 of title 28, United States Code.
(2) Cause of action.--
(A) In general.--Subject to subparagraph (B), in any civil
action arising under the Convention over which Article XIII of
the Convention grants jurisdiction to the courts of the United
States, in addition to any other cause of action that may
exist, an individual or entity shall have a cause of action
against the operator to recover for nuclear damage suffered by
the individual or entity.
(B) Requirement.--Subparagraph (A) shall apply only if the
individual or entity seeks a remedy for nuclear damage (as
defined in Article I of the Convention) that was caused by a
nuclear incident (as defined in Article I of the Convention)
that is not a Price-Anderson incident.
(C) Savings provision.--Nothing in this paragraph may be
construed to limit, modify, extinguish, or otherwise affect any
cause of action that would have existed in the absence of
enactment of this paragraph.
(j) Right of Recourse.--This section does not provide to an
operator of a covered installation any right of recourse under the
Convention.
(k) Protection of Sensitive United States Information.--Nothing in
the Convention or this section requires the disclosure of--
(1) any data that, at any time, was Restricted Data (as defined
in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014));
(2) information relating to intelligence sources or methods
protected by section 102A(i) of the National Security Act of 1947
(50 U.S.C. 403-1(i)); or
(3) national security information classified under Executive
Order 12958 (50 U.S.C. 435 note; relating to classified national
security information) (or a successor Executive Order or
regulation).
(l) Regulations.--
(1) In general.--The Secretary or the Commission, as
appropriate, may prescribe regulations to carry out section 170 of
the Atomic Energy Act of 1954 (42 U.S.C. 2210) and this section.
(2) Requirement.--Rules prescribed under this subsection shall
ensure, to the maximum extent practicable, that--
(A) the implementation of section 170 of the Atomic Energy
Act of 1954 (42 U.S.C. 2210) and this section is consistent and
equitable; and
(B) the financial and operational burden on a Commission
licensee in complying with section 170 of that Act is not
greater as a result of the enactment of this section.
(3) Applicability of provision.--Section 553 of title 5, United
States Code, shall apply with respect to the promulgation of
regulations under this subsection.
(4) Effect of subsection.--The authority provided under this
subsection is in addition to, and does not impair or otherwise
affect, any other authority of the Secretary or the Commission to
prescribe regulations.
(m) Effective Date.--This section shall take effect on the date of
the enactment of this Act.
SEC. 935. TRANSPARENCY IN EXTRACTIVE INDUSTRIES RESOURCE PAYMENTS.
(a) Purpose.--The purpose of this section is to--
(1) ensure greater United States energy security by combating
corruption in the governments of foreign countries that receive
revenues from the sale of their natural resources; and
(2) enhance the development of democracy and increase political
and economic stability in such resource rich foreign countries.
(b) Statement of Policy.--It is the policy of the United States--
(1) to increase energy security by promoting anti-corruption
initiatives in oil and natural gas rich countries; and
(2) to promote global energy security through promotion of
programs such as the Extractive Industries Transparency Initiative
(EITI) that seek to instill transparency and accountability into
extractive industries resource payments.
(c) Sense of Congress.--It is the sense of Congress that the United
States should further global energy security and promote democratic
development in resource-rich foreign countries by--
(1) encouraging further participation in the EITI by eligible
countries and companies; and
(2) promoting the efficacy of the EITI program by ensuring a
robust and candid review mechanism.
(d) Report.--
(1) Report required.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the Secretary
of State, in consultation with the Secretary of Energy, shall
submit to the appropriate congressional committees a report on
progress made in promoting transparency in extractive industries
resource payments.
(2) Matters to be included.--The report required by paragraph
(1) shall include a detailed description of United States
participation in the EITI, bilateral and multilateral diplomatic
efforts to further participation in the EITI, and other United
States initiatives to strengthen energy security, deter energy
kleptocracy, and promote transparency in the extractive industries.
(e) Authorization of Appropriations.--There is authorized to be
appropriated $3,000,000 for the purposes of United States contributions
to the Multi-Donor Trust Fund of the EITI.
TITLE X--GREEN JOBS
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Green Jobs Act of 2007''.
SEC. 1002. ENERGY EFFICIENCY AND RENEWABLE ENERGY WORKER TRAINING
PROGRAM.
Section 171 of the Workforce Investment Act of 1998 (29 U.S.C.
2916) is amended by adding at the end the following:
``(e) Energy Efficiency and Renewable Energy Worker Training
Program.--
``(1) Grant program.--
``(A) In general.--Not later than 6 months after the date
of enactment of the Green Jobs Act of 2007, the Secretary, in
consultation with the Secretary of Energy, shall establish an
energy efficiency and renewable energy worker training program
under which the Secretary shall carry out the activities
described in paragraph (2) to achieve the purposes of this
subsection.
``(B) Eligibility.--For purposes of providing assistance
and services under the program established under this
subsection--
``(i) target populations of eligible individuals to be
given priority for training and other services shall
include--
``(I) workers impacted by national energy and
environmental policy;
``(II) individuals in need of updated training
related to the energy efficiency and renewable energy
industries;
``(III) veterans, or past and present members of
reserve components of the Armed Forces;
``(IV) unemployed individuals;
``(V) individuals, including at-risk youth, seeking
employment pathways out of poverty and into economic
self-sufficiency; and
``(VI) formerly incarcerated, adjudicated,
nonviolent offenders; and
``(ii) energy efficiency and renewable energy
industries eligible to participate in a program under this
subsection include--
``(I) the energy-efficient building, construction,
and retrofits industries;
``(II) the renewable electric power industry;
``(III) the energy efficient and advanced drive
train vehicle industry;
``(IV) the biofuels industry;
``(V) the deconstruction and materials use
industries;
``(VI) the energy efficiency assessment industry
serving the residential, commercial, or industrial
sectors; and
``(VII) manufacturers that produce sustainable
products using environmentally sustainable processes
and materials.
``(2) Activities.--
``(A) National research program.--Under the program
established under paragraph (1), the Secretary, acting through
the Bureau of Labor Statistics, where appropriate, shall
collect and analyze labor market data to track workforce trends
resulting from energy-related initiatives carried out under
this subsection. Activities carried out under this paragraph
shall include--
``(i) tracking and documentation of academic and
occupational competencies as well as future skill needs
with respect to renewable energy and energy efficiency
technology;
``(ii) tracking and documentation of occupational
information and workforce training data with respect to
renewable energy and energy efficiency technology;
``(iii) collaborating with State agencies, workforce
investments boards, industry, organized labor, and
community and nonprofit organizations to disseminate
information on successful innovations for labor market
services and worker training with respect to renewable
energy and energy efficiency technology;
``(iv) serving as a clearinghouse for best practices in
workforce development, job placement, and collaborative
training partnerships;
``(v) encouraging the establishment of workforce
training initiatives with respect to renewable energy and
energy efficiency technologies;
``(vi) linking research and development in renewable
energy and energy efficiency technology with the
development of standards and curricula for current and
future jobs;
``(vii) assessing new employment and work practices
including career ladder and upgrade training as well as
high performance work systems; and
``(viii) providing technical assistance and capacity
building to national and State energy partnerships,
including industry and labor representatives.
``(B) National energy training partnership grants.--
``(i) In general.--Under the program established under
paragraph (1), the Secretary shall award National Energy
Training Partnerships Grants on a competitive basis to
eligible entities to enable such entities to carry out
training that leads to economic self-sufficiency and to
develop an energy efficiency and renewable energy
industries workforce. Grants shall be awarded under this
subparagraph so as to ensure geographic diversity with at
least 2 grants awarded to entities located in each of the 4
Petroleum Administration for Defense Districts with no
subdistricts, and at least 1 grant awarded to an entity
located in each of the subdistricts of the Petroleum
Administration for Defense District with subdistricts.
``(ii) Eligibility.--To be eligible to receive a grant
under clause (i), an entity shall be a nonprofit
partnership that--
``(I) includes the equal participation of industry,
including public or private employers, and labor
organizations, including joint labor-management
training programs, and may include workforce investment
boards, community-based organizations, qualified
service and conservation corps, educational
institutions, small businesses, cooperatives, State and
local veterans agencies, and veterans service
organizations; and
``(II) demonstrates--
``(aa) experience in implementing and operating
worker skills training and education programs;
``(bb) the ability to identify and involve in
training programs carried out under this grant,
target populations of individuals who would benefit
from training and be actively involved in
activities related to energy efficiency and
renewable energy industries; and
``(cc) the ability to help individuals achieve
economic self-sufficiency.
``(iii) Priority.--Priority shall be given to
partnerships which leverage additional public and private
resources to fund training programs, including cash or in-
kind matches from participating employers.
``(C) State labor market research, information, and labor
exchange research program.--
``(i) In general.--Under the program established under
paragraph (1), the Secretary shall award competitive grants
to States to enable such States to administer labor market
and labor exchange information programs that include the
implementation of the activities described in clause (ii),
in coordination with the one-stop delivery system.
``(ii) Activities.--A State shall use amounts awarded
under a grant under this subparagraph to provide funding to
the State agency that administers the Wagner-Peyser Act and
State unemployment compensation programs to carry out the
following activities using State agency merit staff:
``(I) The identification of job openings in the
renewable energy and energy efficiency sector.
``(II) The administration of skill and aptitude
testing and assessment for workers.
``(III) The counseling, case management, and
referral of qualified job seekers to openings and
training programs, including energy efficiency and
renewable energy training programs.
``(D) State energy training partnership program.--
``(i) In general.--Under the program established under
paragraph (1), the Secretary shall award competitive grants
to States to enable such States to administer renewable
energy and energy efficiency workforce development programs
that include the implementation of the activities described
in clause (ii).
``(ii) Partnerships.--A State shall use amounts awarded
under a grant under this subparagraph to award competitive
grants to eligible State Energy Sector Partnerships to
enable such Partnerships to coordinate with existing
apprenticeship and labor management training programs and
implement training programs that lead to the economic self-
sufficiency of trainees.
``(iii) Eligibility.--To be eligible to receive a grant
under this subparagraph, a State Energy Sector Partnership
shall--
``(I) consist of nonprofit organizations that
include equal participation from industry, including
public or private nonprofit employers, and labor
organizations, including joint labor-management
training programs, and may include representatives from
local governments, the workforce investment system,
including one-stop career centers, community based
organizations, qualified service and conservation
corps, community colleges, and other post-secondary
institutions, small businesses, cooperatives, State and
local veterans agencies, and veterans service
organizations;
``(II) demonstrate experience in implementing and
operating worker skills training and education
programs; and
``(III) demonstrate the ability to identify and
involve in training programs, target populations of
workers who would benefit from training and be actively
involved in activities related to energy efficiency and
renewable energy industries.
``(iv) Priority.--In awarding grants under this
subparagraph, the Secretary shall give priority to States
that demonstrate that activities under the grant--
``(I) meet national energy policies associated with
energy efficiency, renewable energy, and the reduction
of emissions of greenhouse gases;
``(II) meet State energy policies associated with
energy efficiency, renewable energy, and the reduction
of emissions of greenhouse gases; and
``(III) leverage additional public and private
resources to fund training programs, including cash or
in-kind matches from participating employers.
``(v) Coordination.--A grantee under this subparagraph
shall coordinate activities carried out under the grant
with existing other appropriate training programs,
including apprenticeship and labor management training
programs, including such activities referenced in paragraph
(3)(A), and implement training programs that lead to the
economic self-sufficiency of trainees.
``(E) Pathways out of poverty demonstration program.--
``(i) In general.--Under the program established under
paragraph (1), the Secretary shall award competitive grants
of sufficient size to eligible entities to enable such
entities to carry out training that leads to economic self-
sufficiency. The Secretary shall give priority to entities
that serve individuals in families with income of less than
200 percent of the sufficiency standard for the local areas
where the training is conducted that specifies, as defined
by the State, or where such standard is not established,
the income needs of families, by family size, the number
and ages of children in the family, and sub-State
geographical considerations. Grants shall be awarded to
ensure geographic diversity.
``(ii) Eligible entities.--To be eligible to receive a
grant an entity shall be a partnership that--
``(I) includes community-based nonprofit
organizations, educational institutions with expertise
in serving low-income adults or youth, public or
private employers from the industry sectors described
in paragraph (1)(B)(ii), and labor organizations
representing workers in such industry sectors;
``(II) demonstrates a record of successful
experience in implementing and operating worker skills
training and education programs;
``(III) coordinates activities, where appropriate,
with the workforce investment system; and
``(IV) demonstrates the ability to recruit
individuals for training and to support such
individuals to successful completion in training
programs carried out under this grant, targeting
populations of workers who are or will be engaged in
activities related to energy efficiency and renewable
energy industries.
``(iii) Priorities.--In awarding grants under this
paragraph, the Secretary shall give priority to applicants
that--
``(I) target programs to benefit low-income
workers, unemployed youth and adults, high school
dropouts, or other underserved sectors of the workforce
within areas of high poverty;
``(II) ensure that supportive services are
integrated with education and training, and delivered
by organizations with direct access to and experience
with targeted populations;
``(III) leverage additional public and private
resources to fund training programs, including cash or
in-kind matches from participating employers;
``(IV) involve employers and labor organizations in
the determination of relevant skills and competencies
and ensure that the certificates or credentials that
result from the training are employer-recognized;
``(V) deliver courses at alternative times (such as
evening and weekend programs) and locations most
convenient and accessible to participants and link
adult remedial education with occupational skills
training; and
``(VI) demonstrate substantial experience in
administering local, municipal, State, Federal,
foundation, or private entity grants.
``(iv) Data collection.--Grantees shall collect and
report the following information:
``(I) The number of participants.
``(II) The demographic characteristics of
participants, including race, gender, age, parenting
status, participation in other Federal programs,
education and literacy level at entry, significant
barriers to employment (such as limited English
proficiency, criminal record, addiction or mental
health problem requiring treatment, or mental
disability).
``(III) The services received by participants,
including training, education, and supportive services.
``(IV) The amount of program spending per
participant.
``(V) Program completion rates.
``(VI) Factors determined as significantly
interfering with program participation or completion.
``(VII) The rate of job placement and the rate of
employment retention after 1 year.
``(VIII) The average wage at placement, including
any benefits, and the rate of average wage increase
after 1 year.
``(IX) Any post-employment supportive services
provided.
The Secretary shall assist grantees in the collection of
data under this clause by making available, where
practicable, low-cost means of tracking the labor market
outcomes of participants, and by providing standardized
reporting forms, where appropriate.
``(3) Activities.--
``(A) In general.--Activities to be carried out under a
program authorized by subparagraph (B), (D), or (E) of
paragraph (2) shall be coordinated with existing systems or
providers, as appropriate. Such activities may include--
``(i) occupational skills training, including
curriculum development, on-the-job training, and classroom
training;
``(ii) safety and health training;
``(iii) the provision of basic skills, literacy, GED,
English as a second language, and job readiness training;
``(iv) individual referral and tuition assistance for a
community college training program, or any training program
leading to an industry-recognized certificate;
``(v) internship programs in fields related to energy
efficiency and renewable energy;
``(vi) customized training in conjunction with an
existing registered apprenticeship program or labor-
management partnership;
``(vii) incumbent worker and career ladder training and
skill upgrading and retraining;
``(viii) the implementation of transitional jobs
strategies; and
``(ix) the provision of supportive services.
``(B) Outreach activities.--In addition to the activities
authorized under subparagraph (A), activities authorized for
programs under subparagraph (E) of paragraph (2) may include
the provision of outreach, recruitment, career guidance, and
case management services.
``(4) Worker protections and nondiscrimination requirements.--
``(A) Application of wia.--The provisions of sections 181
and 188 of the Workforce Investment Act of 1998 (29 U.S.C. 2931
and 2938) shall apply to all programs carried out with
assistance under this subsection.
``(B) Consultation with labor organizations.--If a labor
organization represents a substantial number of workers who are
engaged in similar work or training in an area that is the same
as the area that is proposed to be funded under this Act, the
labor organization shall be provided an opportunity to be
consulted and to submit comments in regard to such a proposal.
``(5) Performance measures.--
``(A) In general.--The Secretary shall negotiate and reach
agreement with the eligible entities that receive grants and
assistance under this section on performance measures for the
indicators of performance referred to in subparagraphs (A) and
(B) of section 136(b)(2) that will be used to evaluate the
performance of the eligible entity in carrying out the
activities described in subsection (e)(2). Each performance
measure shall consist of such an indicator of performance, and
a performance level referred to in subparagraph (B).
``(B) Performance levels.--The Secretary shall negotiate
and reach agreement with the eligible entity regarding the
levels of performance expected to be achieved by the eligible
entity on the indicators of performance.
``(6) Report.--
``(A) Status report.--Not later than 18 months after the
date of enactment of the Green Jobs Act of 2007, the Secretary
shall transmit a report to the Senate Committee on Energy and
Natural Resources, the Senate Committee on Health, Education,
Labor, and Pensions, the House Committee on Education and
Labor, and the House Committee on Energy and Commerce on the
training program established by this subsection. The report
shall include a description of the entities receiving funding
and the activities carried out by such entities.
``(B) Evaluation.--Not later than 3 years after the date of
enactment of such Act, the Secretary shall transmit to the
Senate Committee on Energy and Natural Resources, the Senate
Committee on Health, Education, Labor, and Pensions, the House
Committee on Education and Labor, and the House Committee on
Energy and Commerce an assessment of such program and an
evaluation of the activities carried out by entities receiving
funding from such program.
``(7) Definition.--As used in this subsection, the term
`renewable energy' has the meaning given such term in section
203(b)(2) of the Energy Policy Act of 2005 (Public Law 109-58).
``(8) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection, $125,000,000 for each
fiscal year, of which--
``(A) not to exceed 20 percent of the amount appropriated
in each such fiscal year shall be made available for, and shall
be equally divided between, national labor market research and
information under paragraph (2)(A) and State labor market
information and labor exchange research under paragraph (2)(C),
and not more than 2 percent of such amount shall be for the
evaluation and report required under paragraph (4);
``(B) 20 percent shall be dedicated to Pathways Out of
Poverty Demonstration Programs under paragraph (2)(E); and
``(C) the remainder shall be divided equally between
National Energy Partnership Training Grants under paragraph
(2)(B) and State energy training partnership grants under
paragraph (2)(D).''.
TITLE XI--ENERGY TRANSPORTATION AND INFRASTRUCTURE
Subtitle A--Department of Transportation
SEC. 1101. OFFICE OF CLIMATE CHANGE AND ENVIRONMENT.
(a) In General.--Section 102 of title 49, United States Code, is
amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Office of Climate Change and Environment.--
``(1) Establishment.--There is established in the Department an
Office of Climate Change and Environment to plan, coordinate, and
implement--
``(A) department-wide research, strategies, and actions
under the Department's statutory authority to reduce
transportation-related energy use and mitigate the effects of
climate change; and
``(B) department-wide research strategies and actions to
address the impacts of climate change on transportation systems
and infrastructure.
``(2) Clearinghouse.--The Office shall establish a
clearinghouse of solutions, including cost-effective congestion
reduction approaches, to reduce air pollution and transportation-
related energy use and mitigate the effects of climate change.''.
(b) Coordination.--The Office of Climate Change and Environment of
the Department of Transportation shall coordinate its activities with
the United States Global Change Research Program.
(c) Transportation System's Impact on Climate Change and Fuel
Efficiency.--
(1) Study.--The Office of Climate Change and Environment, in
coordination with the Environmental Protection Agency and in
consultation with the United States Global Change Research Program,
shall conduct a study to examine the impact of the Nation's
transportation system on climate change and the fuel efficiency
savings and clean air impacts of major transportation projects, to
identify solutions to reduce air pollution and transportation-
related energy use and mitigate the effects of climate change, and
to examine the potential fuel savings that could result from
changes in the current transportation system and through the use of
intelligent transportation systems that help businesses and
consumers to plan their travel and avoid delays, including Web-
based real-time transit information systems, congestion information
systems, carpool information systems, parking information systems,
freight route management systems, and traffic management systems.
(2) Report.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation, in coordination with
the Administrator of the Environmental Protection Agency, shall
transmit to the Committee on Transportation and Infrastructure and
the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Environment and Public Works of
the Senate a report that contains the results of the study required
under this section.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation for the Office of
Climate Change and Environment to carry out its duties under section
102(g) of title 49, United States Code (as amended by this Act), such
sums as may be necessary for fiscal years 2008 through 2011.
Subtitle B--Railroads
SEC. 1111. ADVANCED TECHNOLOGY LOCOMOTIVE GRANT PILOT PROGRAM.
(a) In General.--The Secretary of Transportation, in consultation
with the Administrator of the Environmental Protection Agency, shall
establish and carry out a pilot program for making grants to railroad
carriers (as defined in section 20102 of title 49, United States Code)
and State and local governments--
(1) for assistance in purchasing hybrid or other energy-
efficient locomotives, including hybrid switch and generator-set
locomotives; and
(2) to demonstrate the extent to which such locomotives
increase fuel economy, reduce emissions, and lower costs of
operation.
(b) Limitation.--Notwithstanding subsection (a), no grant under
this section may be used to fund the costs of emissions reductions that
are mandated under Federal law.
(c) Grant Criteria.--In selecting applicants for grants under this
section, the Secretary of Transportation shall consider--
(1) the level of energy efficiency that would be achieved by
the proposed project;
(2) the extent to which the proposed project would assist in
commercial deployment of hybrid or other energy-efficient
locomotive technologies;
(3) the extent to which the proposed project complements other
private or governmental partnership efforts to improve air quality
or fuel efficiency in a particular area; and
(4) the extent to which the applicant demonstrates innovative
strategies and a financial commitment to increasing energy
efficiency and reducing greenhouse gas emissions of its railroad
operations.
(d) Competitive Grant Selection Process.--
(1) Applications.--A railroad carrier or State or local
government seeking a grant under this section shall submit for
approval by the Secretary of Transportation an application for the
grant containing such information as the Secretary of
Transportation may require.
(2) Competitive selection.--The Secretary of Transportation
shall conduct a national solicitation for applications for grants
under this section and shall select grantees on a competitive
basis.
(e) Federal Share.--The Federal share of the cost of a project
under this section shall not exceed 80 percent of the project cost.
(f) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary of Transportation shall submit to Congress a
report on the results of the pilot program carried out under this
section.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Transportation $10,000,000 for each of
the fiscal years 2008 through 2011 to carry out this section. Such
funds shall remain available until expended.
SEC. 1112. CAPITAL GRANTS FOR CLASS II AND CLASS III RAILROADS.
(a) Amendment.--Chapter 223 of title 49, United States Code, is
amended to read as follows:
``CHAPTER 223--CAPITAL GRANTS FOR CLASS II AND CLASS III RAILROADS
``Sec.
``22301. Capital grants for class II and class III railroads.
``Sec. 22301. Capital grants for class II and class III railroads
``(a) Establishment of Program.--
``(1) Establishment.--The Secretary of Transportation shall
establish a program for making capital grants to class II and class
III railroads. Such grants shall be for projects in the public
interest that--
``(A)(i) rehabilitate, preserve, or improve railroad track
(including roadbed, bridges, and related track structures) used
primarily for freight transportation;
``(ii) facilitate the continued or greater use of railroad
transportation for freight shipments; and
``(iii) reduce the use of less fuel efficient modes of
transportation in the transportation of such shipments; and
``(B) demonstrate innovative technologies and advanced
research and development that increase fuel economy, reduce
greenhouse gas emissions, and lower the costs of operation.
``(2) Provision of grants.--Grants may be provided under this
chapter--
``(A) directly to the class II or class III railroad; or
``(B) with the concurrence of the class II or class III
railroad, to a State or local government.
``(3) State cooperation.--Class II and class III railroad
applicants for a grant under this chapter are encouraged to utilize
the expertise and assistance of State transportation agencies in
applying for and administering such grants. State transportation
agencies are encouraged to provide such expertise and assistance to
such railroads.
``(4) Regulations.--Not later than October 1, 2008, the
Secretary shall issue final regulations to implement the program
under this section.
``(b) Maximum Federal Share.--The maximum Federal share for
carrying out a project under this section shall be 80 percent of the
project cost. The non-Federal share may be provided by any non-Federal
source in cash, equipment, or supplies. Other in-kind contributions may
be approved by the Secretary on a case-by-case basis consistent with
this chapter.
``(c) Use of Funds.--Grants provided under this section shall be
used to implement track capital projects as soon as possible. In no
event shall grant funds be contractually obligated for a project later
than the end of the third Federal fiscal year following the year in
which the grant was awarded. Any funds not so obligated by the end of
such fiscal year shall be returned to the Secretary for reallocation.
``(d) Employee Protection.--The Secretary shall require as a
condition of any grant made under this section that the recipient
railroad provide a fair arrangement at least as protective of the
interests of employees who are affected by the project to be funded
with the grant as the terms imposed under section 11326(a), as in
effect on the date of the enactment of this chapter.
``(e) Labor Standards.--
``(1) Prevailing wages.--The Secretary shall ensure that
laborers and mechanics employed by contractors and subcontractors
in construction work financed by a grant made under this section
will be paid wages not less than those prevailing on similar
construction in the locality, as determined by the Secretary of
Labor under subchapter IV of chapter 31 of title 40 (commonly known
as the `Davis-Bacon Act'). The Secretary shall make a grant under
this section only after being assured that required labor standards
will be maintained on the construction work.
``(2) Wage rates.--Wage rates in a collective bargaining
agreement negotiated under the Railway Labor Act (45 U.S.C. 151 et
seq.) are deemed for purposes of this subsection to comply with the
subchapter IV of chapter 31 of title 40.
``(f) Study.--The Secretary shall conduct a study of the projects
carried out with grant assistance under this section to determine the
extent to which the program helps promote a reduction in fuel use
associated with the transportation of freight and demonstrates
innovative technologies that increase fuel economy, reduce greenhouse
gas emissions, and lower the costs of operation. Not later than March
31, 2009, the Secretary shall submit a report to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate on
the study, including any recommendations the Secretary considers
appropriate regarding the program.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $50,000,000 for each of fiscal years 2008
through 2011 for carrying out this section.''.
(b) Clerical Amendment.--The item relating to chapter 223 in the
table of chapters of subtitle V of title 49, United States Code, is
amended to read as follows:
``223. CAPITAL GRANTS FOR CLASS II AND CLASS III RAILROADS......22301''.
Subtitle C--Marine Transportation
SEC. 1121. SHORT SEA TRANSPORTATION INITIATIVE.
(a) In General.--Title 46, United States Code, is amended by adding
after chapter 555 the following:
``CHAPTER 556--SHORT SEA TRANSPORTATION
``Sec. 55601. Short sea transportation program.
``Sec. 55602. Cargo and shippers.
``Sec. 55603. Interagency coordination.
``Sec. 55604. Research on short sea transportation.
``Sec. 55605. Short sea transportation defined.
``Sec. 55601. Short sea transportation program
``(a) Establishment.--The Secretary of Transportation shall
establish a short sea transportation program and designate short sea
transportation projects to be conducted under the program to mitigate
landside congestion.
``(b) Program Elements.--The program shall encourage the use of
short sea transportation through the development and expansion of--
``(1) documented vessels;
``(2) shipper utilization;
``(3) port and landside infrastructure; and
``(4) marine transportation strategies by State and local
governments.
``(c) Short Sea Transportation Routes.--The Secretary shall
designate short sea transportation routes as extensions of the surface
transportation system to focus public and private efforts to use the
waterways to relieve landside congestion along coastal corridors. The
Secretary may collect and disseminate data for the designation and
delineation of short sea transportation routes.
``(d) Project Designation.--The Secretary may designate a project
to be a short sea transportation project if the Secretary determines
that the project may--
``(1) offer a waterborne alternative to available landside
transportation services using documented vessels; and
``(2) provide transportation services for passengers or freight
(or both) that may reduce congestion on landside infrastructure
using documented vessels.
``(e) Elements of Program.--For a short sea transportation project
designated under this section, the Secretary may--
``(1) promote the development of short sea transportation
services;
``(2) coordinate, with ports, State departments of
transportation, localities, other public agencies, and the private
sector and on the development of landside facilities and
infrastructure to support short sea transportation services; and
``(3) develop performance measures for the short sea
transportation program.
``(f) Multistate, State and Regional Transportation Planning.--The
Secretary, in consultation with Federal entities and State and local
governments, shall develop strategies to encourage the use of short sea
transportation for transportation of passengers and cargo. The
Secretary shall--
``(1) assess the extent to which States and local governments
include short sea transportation and other marine transportation
solutions in their transportation planning;
``(2) encourage State departments of transportation to develop
strategies, where appropriate, to incorporate short sea
transportation, ferries, and other marine transportation solutions
for regional and interstate transport of freight and passengers in
their transportation planning; and
``(3) encourage groups of States and multi-State transportation
entities to determine how short sea transportation can address
congestion, bottlenecks, and other interstate transportation
challenges.
``Sec. 55602. Cargo and shippers
``(a) Memorandums of Agreement.--The Secretary of Transportation
shall enter into memorandums of understanding with the heads of other
Federal entities to transport federally owned or generated cargo using
a short sea transportation project designated under section 55601 when
practical or available.
``(b) Short-Term Incentives.--The Secretary shall consult shippers
and other participants in transportation logistics and develop
proposals for short-term incentives to encourage the use of short sea
transportation.
``Sec. 55603. Interagency coordination
``The Secretary of Transportation shall establish a board to
identify and seek solutions to impediments hindering effective use of
short sea transportation. The board shall include representatives of
the Environmental Protection Agency and other Federal, State, and local
governmental entities and private sector entities.
``Sec. 55604. Research on short sea transportation
``The Secretary of Transportation, in consultation with the
Administrator of the Environmental Protection Agency, may conduct
research on short sea transportation, regarding--
``(1) the environmental and transportation benefits to be
derived from short sea transportation alternatives for other forms
of transportation;
``(2) technology, vessel design, and other improvements that
would reduce emissions, increase fuel economy, and lower costs of
short sea transportation and increase the efficiency of intermodal
transfers; and
``(3) solutions to impediments to short sea transportation
projects designated under section 55601.
``Sec. 55605. Short sea transportation defined
``In this chapter, the term `short sea transportation' means the
carriage by vessel of cargo--
``(1) that is--
``(A) contained in intermodal cargo containers and loaded
by crane on the vessel; or
``(B) loaded on the vessel by means of wheeled technology;
and
``(2) that is--
``(A) loaded at a port in the United States and unloaded
either at another port in the United States or at a port in
Canada located in the Great Lakes Saint Lawrence Seaway System;
or
``(B) loaded at a port in Canada located in the Great Lakes
Saint Lawrence Seaway System and unloaded at a port in the
United States.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
subtitle V of such title is amended by inserting after the item
relating to chapter 555 the following:
``556. Short Sea Transportation.................................55601''.
(c) Regulations.--
(1) Interim regulations.--Not later than 90 days after the date
of enactment of this Act, the Secretary of Transportation shall
issue temporary regulations to implement the program under this
section. Subchapter II of chapter 5 of title 5, United States Code,
does not apply to a temporary regulation issued under this
paragraph or to an amendment to such a temporary regulation.
(2) Final regulations.--Not later than October 1, 2008, the
Secretary of Transportation shall issue final regulations to
implement the program under this section.
SEC. 1122. SHORT SEA SHIPPING ELIGIBILITY FOR CAPITAL CONSTRUCTION
FUND.
(a) Definition of Qualified Vessel.--Section 53501 of title 46,
United States Code, is amended--
(1) in paragraph (5)(A)(iii) by striking ``or noncontiguous
domestic'' and inserting ``noncontiguous domestic, or short sea
transportation trade''; and
(2) by inserting after paragraph (6) the following:
``(7) Short sea transportation trade.--The term `short sea
transportation trade' means the carriage by vessel of cargo--
``(A) that is--
``(i) contained in intermodal cargo containers and
loaded by crane on the vessel; or
``(ii) loaded on the vessel by means of wheeled
technology; and
``(B) that is--
``(i) loaded at a port in the United States and
unloaded either at another port in the United States or at
a port in Canada located in the Great Lakes Saint Lawrence
Seaway System; or
``(ii) loaded at a port in Canada located in the Great
Lakes Saint Lawrence Seaway System and unloaded at a port
in the United States.''.
(b) Allowable Purpose.--Section 53503(b) of such title is amended
by striking ``or noncontiguous domestic trade'' and inserting
``noncontiguous domestic, or short sea transportation trade''.
SEC. 1123. SHORT SEA TRANSPORTATION REPORT.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Transportation, in consultation with the Administrator of
the Environmental Protection Agency, shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the short sea transportation program established under the
amendments made by section 1121. The report shall include a description
of the activities conducted under the program, and any recommendations
for further legislative or administrative action that the Secretary of
Transportation considers appropriate.
Subtitle D--Highways
SEC. 1131. INCREASED FEDERAL SHARE FOR CMAQ PROJECTS.
Section 120(c) of title 23, United States Code, is amended--
(1) in the subsection heading by striking ``for Certain Safety
Projects'';
(2) by striking ``The Federal share'' and inserting the
following:
``(1) Certain safety projects.--The Federal share''; and
(3) by adding at the end the following:
``(2) CMAQ projects.--The Federal share payable on account of a
project or program carried out under section 149 with funds
obligated in fiscal year 2008 or 2009, or both, shall be not less
than 80 percent and, at the discretion of the State, may be up to
100 percent of the cost thereof.''.
SEC. 1132. DISTRIBUTION OF RESCISSIONS.
(a) In General.--Any unobligated balances of amounts that are
appropriated from the Highway Trust Fund for a fiscal year, and
apportioned under chapter 1 of title 23, United States Code, before,
on, or after the date of enactment of this Act and that are rescinded
in fiscal year 2008 or fiscal year 2009 shall be distributed by the
Secretary of Transportation within each State (as defined in section
101 of such title) among all programs for which funds are apportioned
under such chapter for such fiscal year, to the extent sufficient funds
remain available for obligation, in the ratio that the amount of funds
apportioned for each program under such chapter for such fiscal year,
bears to the amount of funds apportioned for all such programs under
such chapter for such fiscal year.
(b) Adjustments.--A State may make adjustments to the distribution
of a rescission within the State for a fiscal year under subsection (a)
by transferring the amounts to be rescinded among the programs for
which funds are apportioned under chapter 1 of title 23, United States
Code, for such fiscal year, except that in making such adjustments the
State may not rescind from any such program more than 110 percent of
the funds to be rescinded from the program for the fiscal year as
determined by the Secretary of Transportation under subsection (a).
(c) Treatment of Transportation Enhancement Set-Aside and Funds
Suballocated to Substate Areas.--Funds set aside under sections
133(d)(2) and 133(d)(3) of title 23, United States Code, shall be
treated as being apportioned under chapter 1 of such title for purposes
of subsection (a).
SEC. 1133. SENSE OF CONGRESS REGARDING USE OF COMPLETE STREETS DESIGN
TECHNIQUES.
It is the sense of Congress that in constructing new roadways or
rehabilitating existing facilities, State and local governments should
consider policies designed to accommodate all users, including
motorists, pedestrians, cyclists, transit riders, and people of all
ages and abilities, in order to--
(1) serve all surface transportation users by creating a more
interconnected and intermodal system;
(2) create more viable transportation options; and
(3) facilitate the use of environmentally friendly options,
such as public transportation, walking, and bicycling.
TITLE XII--SMALL BUSINESS ENERGY PROGRAMS
SEC. 1201. EXPRESS LOANS FOR RENEWABLE ENERGY AND ENERGY EFFICIENCY.
Section 7(a)(31) of the Small Business Act (15 U.S.C. 636(a)(31))
is amended by adding at the end the following:
``(F) Express loans for renewable energy and energy
efficiency.--
``(i) Definitions.--In this subparagraph--
``(I) the term `biomass'--
``(aa) means any organic material that is
available on a renewable or recurring basis,
including--
``(AA) agricultural crops;
``(BB) trees grown for energy production;
``(CC) wood waste and wood residues;
``(DD) plants (including aquatic plants and
grasses);
``(EE) residues;
``(FF) fibers;
``(GG) animal wastes and other waste
materials; and
``(HH) fats, oils, and greases (including
recycled fats, oils, and greases); and
``(bb) does not include--
``(AA) paper that is commonly recycled; or
``(BB) unsegregated solid waste;
``(II) the term `energy efficiency project' means
the installation or upgrading of equipment that results
in a significant reduction in energy usage; and
``(III) the term `renewable energy system' means a
system of energy derived from--
``(aa) a wind, solar, biomass (including
biodiesel), or geothermal source; or
``(bb) hydrogen derived from biomass or water
using an energy source described in item (aa).
``(ii) Loans.--The Administrator may make a loan under
the Express Loan Program for the purpose of--
``(I) purchasing a renewable energy system; or
``(II) carrying out an energy efficiency project
for a small business concern.''.
SEC. 1202. PILOT PROGRAM FOR REDUCED 7(A) FEES FOR PURCHASE OF ENERGY
EFFICIENT TECHNOLOGIES.
Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is
amended by adding at the end the following:
``(32) Loans for energy efficient technologies.--
``(A) Definitions.--In this paragraph--
``(i) the term `cost' has the meaning given that term
in section 502 of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a);
``(ii) the term `covered energy efficiency loan' means
a loan--
``(I) made under this subsection; and
``(II) the proceeds of which are used to purchase
energy efficient designs, equipment, or fixtures, or to
reduce the energy consumption of the borrower by 10
percent or more; and
``(iii) the term `pilot program' means the pilot
program established under subparagraph (B)
``(B) Establishment.--The Administrator shall establish and
carry out a pilot program under which the Administrator shall
reduce the fees for covered energy efficiency loans.
``(C) Duration.--The pilot program shall terminate at the
end of the second full fiscal year after the date that the
Administrator establishes the pilot program.
``(D) Maximum participation.--A covered energy efficiency
loan shall include the maximum participation levels by the
Administrator permitted for loans made under this subsection.
``(E) Fees.--
``(i) In general.--The fee on a covered energy
efficiency loan shall be equal to 50 percent of the fee
otherwise applicable to that loan under paragraph (18).
``(ii) Waiver.--The Administrator may waive clause (i)
for a fiscal year if--
``(I) for the fiscal year before that fiscal year,
the annual rate of default of covered energy efficiency
loans exceeds that of loans made under this subsection
that are not covered energy efficiency loans;
``(II) the cost to the Administration of making
loans under this subsection is greater than zero and
such cost is directly attributable to the cost of
making covered energy efficiency loans; and
``(III) no additional sources of revenue authority
are available to reduce the cost of making loans under
this subsection to zero.
``(iii) Effect of waiver.--If the Administrator waives
the reduction of fees under clause (ii), the
Administrator--
``(I) shall not assess or collect fees in an amount
greater than necessary to ensure that the cost of the
program under this subsection is not greater than zero;
and
``(II) shall reinstate the fee reductions under
clause (i) when the conditions in clause (ii) no longer
apply.
``(iv) No increase of fees.--The Administrator shall
not increase the fees under paragraph (18) on loans made
under this subsection that are not covered energy
efficiency loans as a direct result of the pilot program.
``(F) GAO report.--
``(i) In general.--Not later than 1 year after the date
that the pilot program terminates, the Comptroller General
of the United States shall submit to the Committee on Small
Business of the House of Representatives and the Committee
on Small Business and Entrepreneurship of the Senate a
report on the pilot program.
``(ii) Contents.--The report submitted under clause (i)
shall include--
``(I) the number of covered energy efficiency loans
for which fees were reduced under the pilot program;
``(II) a description of the energy efficiency
savings with the pilot program;
``(III) a description of the impact of the pilot
program on the program under this subsection;
``(IV) an evaluation of the efficacy and potential
fraud and abuse of the pilot program; and
``(V) recommendations for improving the pilot
program.''.
SEC. 1203. SMALL BUSINESS ENERGY EFFICIENCY.
(a) Definitions.--In this section--
(1) the terms ``Administration'' and ``Administrator'' mean the
Small Business Administration and the Administrator thereof,
respectively;
(2) the term ``association'' means the association of small
business development centers established under section 21(a)(3)(A)
of the Small Business Act (15 U.S.C. 648(a)(3)(A));
(3) the term ``disability'' has the meaning given that term in
section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C.
12102);
(4) the term ``Efficiency Program'' means the Small Business
Energy Efficiency Program established under subsection (c)(1);
(5) the term ``electric utility'' has the meaning given that
term in section 3 of the Public Utility Regulatory Policies Act of
1978 (16 U.S.C. 2602);
(6) the term ``high performance green building'' has the
meaning given that term in section 401;
(7) the term ``on-bill financing'' means a low interest or no
interest financing agreement between a small business concern and
an electric utility for the purchase or installation of equipment,
under which the regularly scheduled payment of that small business
concern to that electric utility is not reduced by the amount of
the reduction in cost attributable to the new equipment and that
amount is credited to the electric utility, until the cost of the
purchase or installation is repaid;
(8) the term ``small business concern'' has the same meaning as
in section 3 of the Small Business Act (15 U.S.C. 632);
(9) the term ``small business development center'' means a
small business development center described in section 21 of the
Small Business Act (15 U.S.C. 648);
(10) the term ``telecommuting'' means the use of
telecommunications to perform work functions under circumstances
which reduce or eliminate the need to commute;
(11) the term ``Telecommuting Pilot Program'' means the pilot
program established under subsection (d)(1)(A); and
(12) the term ``veteran'' has the meaning given that term in
section 101 of title 38, United States Code.
(b) Implementation of Small Business Energy Efficiency Program.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall promulgate final
rules establishing the Government-wide program authorized under
subsection (d) of section 337 of the Energy Policy and Conservation
Act (42 U.S.C. 6307) that ensure compliance with that subsection by
not later than 6 months after such date of enactment.
(2) Program required.--The Administrator shall develop and
coordinate a Government-wide program, building on the Energy Star
for Small Business program, to assist small business concerns in--
(A) becoming more energy efficient;
(B) understanding the cost savings from improved energy
efficiency; and
(C) identifying financing options for energy efficiency
upgrades.
(3) Consultation and cooperation.--The program required by
paragraph (2) shall be developed and coordinated--
(A) in consultation with the Secretary of Energy and the
Administrator of the Environmental Protection Agency; and
(B) in cooperation with any entities the Administrator
considers appropriate, such as industry trade associations,
industry members, and energy efficiency organizations.
(4) Availability of information.--The Administrator shall make
available the information and materials developed under the program
required by paragraph (2) to--
(A) small business concerns, including smaller design,
engineering, and construction firms; and
(B) other Federal programs for energy efficiency, such as
the Energy Star for Small Business program.
(5) Strategy and report.--
(A) Strategy required.--The Administrator shall develop a
strategy to educate, encourage, and assist small business
concerns in adopting energy efficient building fixtures and
equipment.
(B) Report.--Not later than December 31, 2008, the
Administrator shall submit to Congress a report containing a
plan to implement the strategy developed under subparagraph
(A).
(c) Small Business Sustainability Initiative.--
(1) Authority.--The Administrator shall establish a Small
Business Energy Efficiency Program to provide energy efficiency
assistance to small business concerns through small business
development centers.
(2) Small business development centers.--
(A) In general.--In carrying out the Efficiency Program,
the Administrator shall enter into agreements with small
business development centers under which such centers shall--
(i) provide access to information and resources on
energy efficiency practices, including on-bill financing
options;
(ii) conduct training and educational activities;
(iii) offer confidential, free, one-on-one, in-depth
energy audits to the owners and operators of small business
concerns regarding energy efficiency practices;
(iv) give referrals to certified professionals and
other providers of energy efficiency assistance who meet
such standards for educational, technical, and professional
competency as the Administrator shall establish;
(v) to the extent not inconsistent with controlling
State public utility regulations, act as a facilitator
between small business concerns, electric utilities,
lenders, and the Administration to facilitate on-bill
financing arrangements;
(vi) provide necessary support to small business
concerns to--
(I) evaluate energy efficiency opportunities and
opportunities to design or construct high performance
green buildings;
(II) evaluate renewable energy sources, such as the
use of solar and small wind to supplement power
consumption;
(III) secure financing to achieve energy efficiency
or to design or construct high performance green
buildings; and
(IV) implement energy efficiency projects;
(vii) assist owners of small business concerns with the
development and commercialization of clean technology
products, goods, services, and processes that use renewable
energy sources, dramatically reduce the use of natural
resources, and cut or eliminate greenhouse gas emissions
through--
(I) technology assessment;
(II) intellectual property;
(III) Small Business Innovation Research
submissions under section 9 of the Small Business Act
(15 U.S.C. 638);
(IV) strategic alliances;
(V) business model development; and
(VI) preparation for investors; and
(viii) help small business concerns improve
environmental performance by shifting to less hazardous
materials and reducing waste and emissions, including by
providing assistance for small business concerns to adapt
the materials they use, the processes they operate, and the
products and services they produce.
(B) Reports.--Each small business development center
participating in the Efficiency Program shall submit to the
Administrator and the Administrator of the Environmental
Protection Agency an annual report that includes--
(i) a summary of the energy efficiency assistance
provided by that center under the Efficiency Program;
(ii) the number of small business concerns assisted by
that center under the Efficiency Program;
(iii) statistics on the total amount of energy saved as
a result of assistance provided by that center under the
Efficiency Program; and
(iv) any additional information determined necessary by
the Administrator, in consultation with the association.
(C) Reports to congress.--Not later than 60 days after the
date on which all reports under subparagraph (B) relating to a
year are submitted, the Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the Senate
and the Committee on Small Business of the House of
Representatives a report summarizing the information regarding
the Efficiency Program submitted by small business development
centers participating in that program.
(3) Eligibility.--A small business development center shall be
eligible to participate in the Efficiency Program only if that
center is certified under section 21(k)(2) of the Small Business
Act (15 U.S.C. 648(k)(2)).
(4) Selection of participating state programs.--From among
small business development centers submitting applications to
participate in the Efficiency Program, the Administrator--
(A) shall, to the maximum extent practicable, select small
business development centers in such a manner so as to promote
a nationwide distribution of centers participating in the
Efficiency Program; and
(B) may not select more than 1 small business development
center in a State to participate in the Efficiency Program.
(5) Matching requirement.--Subparagraphs (A) and (B) of section
21(a)(4) of the Small Business Act (15 U.S.C. 648(a)(4)) shall
apply to assistance made available under the Efficiency Program.
(6) Grant amounts.--Each small business development center
selected to participate in the Efficiency Program under paragraph
(4) shall be eligible to receive a grant in an amount equal to--
(A) not less than $100,000 in each fiscal year; and
(B) not more than $300,000 in each fiscal year.
(7) Evaluation and report.--The Comptroller General of the
United States shall--
(A) not later than 30 months after the date of disbursement
of the first grant under the Efficiency Program, initiate an
evaluation of that program; and
(B) not later than 6 months after the date of the
initiation of the evaluation under subparagraph (A), submit to
the Administrator, the Committee on Small Business and
Entrepreneurship of the Senate, and the Committee on Small
Business of the House of Representatives, a report containing--
(i) the results of the evaluation; and
(ii) any recommendations regarding whether the
Efficiency Program, with or without modification, should be
extended to include the participation of all small business
development centers.
(8) Guarantee.--To the extent not inconsistent with State law,
the Administrator may guarantee the timely payment of a loan made
to a small business concern through an on-bill financing agreement
on such terms and conditions as the Administrator shall establish
through a formal rulemaking, after providing notice and an
opportunity for comment.
(9) Implementation.--Subject to amounts approved in advance in
appropriations Acts and separate from amounts approved to carry out
section 21(a)(1) of the Small Business Act (15 U.S.C. 648(a)(1)),
the Administrator may make grants or enter into cooperative
agreements to carry out this subsection.
(10) Authorization of appropriations.--There are authorized to
be appropriated such sums as are necessary to make grants and enter
into cooperative agreements to carry out this subsection.
(11) Termination.--The authority under this subsection shall
terminate 4 years after the date of disbursement of the first grant
under the Efficiency Program.
(d) Small Business Telecommuting.--
(1) Pilot program.--
(A) In general.--The Administrator shall conduct, in not
more than 5 of the regions of the Administration, a pilot
program to provide information regarding telecommuting to
employers that are small business concerns and to encourage
such employers to offer telecommuting options to employees.
(B) Special outreach to individuals with disabilities.--In
carrying out the Telecommuting Pilot Program, the Administrator
shall make a concerted effort to provide information to--
(i) small business concerns owned by or employing
individuals with disabilities, particularly veterans who
are individuals with disabilities;
(ii) Federal, State, and local agencies having
knowledge and expertise in assisting individuals with
disabilities, including veterans who are individuals with
disabilities; and
(iii) any group or organization, the primary purpose of
which is to aid individuals with disabilities or veterans
who are individuals with disabilities.
(C) Permissible activities.--In carrying out the
Telecommuting Pilot Program, the Administrator may--
(i) produce educational materials and conduct
presentations designed to raise awareness in the small
business community of the benefits and the ease of
telecommuting;
(ii) conduct outreach--
(I) to small business concerns that are considering
offering telecommuting options; and
(II) as provided in subparagraph (B); and
(iii) acquire telecommuting technologies and equipment
to be used for demonstration purposes.
(D) Selection of regions.--In determining which regions
will participate in the Telecommuting Pilot Program, the
Administrator shall give priority consideration to regions in
which Federal agencies and private-sector employers have
demonstrated a strong regional commitment to telecommuting.
(2) Report to congress.--Not later than 2 years after the date
on which funds are first appropriated to carry out this subsection,
the Administrator shall transmit to the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report containing the
results of an evaluation of the Telecommuting Pilot Program and any
recommendations regarding whether the pilot program, with or
without modification, should be extended to include the
participation of all regions of the Administration.
(3) Termination.--The Telecommuting Pilot Program shall
terminate 4 years after the date on which funds are first
appropriated to carry out this subsection.
(4) Authorization of appropriations.--There is authorized to be
appropriated to the Administration $5,000,000 to carry out this
subsection.
(e) Encouraging Innovation in Energy Efficiency.--Section 9 of the
Small Business Act (15 U.S.C. 638) is amended by adding at the end the
following:
``(z) Encouraging Innovation in Energy Efficiency.--
``(1) Federal agency energy-related priority.--In carrying out
its duties under this section relating to SBIR and STTR
solicitations by Federal departments and agencies, the
Administrator shall--
``(A) ensure that such departments and agencies give high
priority to small business concerns that participate in or
conduct energy efficiency or renewable energy system research
and development projects; and
``(B) include in the annual report to Congress under
subsection (b)(7) a determination of whether the priority
described in subparagraph (A) is being carried out.
``(2) Consultation required.--The Administrator shall consult
with the heads of other Federal departments and agencies in
determining whether priority has been given to small business
concerns that participate in or conduct energy efficiency or
renewable energy system research and development projects, as
required by this subsection.
``(3) Guidelines.--The Administrator shall, as soon as is
practicable after the date of enactment of this subsection, issue
guidelines and directives to assist Federal agencies in meeting the
requirements of this subsection.
``(4) Definitions.--In this subsection--
``(A) the term `biomass'--
``(i) means any organic material that is available on a
renewable or recurring basis, including--
``(I) agricultural crops;
``(II) trees grown for energy production;
``(III) wood waste and wood residues;
``(IV) plants (including aquatic plants and
grasses);
``(V) residues;
``(VI) fibers;
``(VII) animal wastes and other waste materials;
and
``(VIII) fats, oils, and greases (including
recycled fats, oils, and greases); and
``(ii) does not include--
``(I) paper that is commonly recycled; or
``(II) unsegregated solid waste;
``(B) the term `energy efficiency project' means the
installation or upgrading of equipment that results in a
significant reduction in energy usage; and
``(C) the term `renewable energy system' means a system of
energy derived from--
``(i) a wind, solar, biomass (including biodiesel), or
geothermal source; or
``(ii) hydrogen derived from biomass or water using an
energy source described in clause (i).''.
SEC. 1204. LARGER 504 LOAN LIMITS TO HELP BUSINESS DEVELOP ENERGY
EFFICIENT TECHNOLOGIES AND PURCHASES.
(a) Eligibility for Energy Efficiency Projects.--Section 501(d)(3)
of the Small Business Investment Act of 1958 (15 U.S.C. 695(d)(3)) is
amended--
(1) in subparagraph (G) by striking ``or'' at the end;
(2) in subparagraph (H) by striking the period at the end and
inserting a comma;
(3) by inserting after subparagraph (H) the following:
``(I) reduction of energy consumption by at least 10
percent,
``(J) increased use of sustainable design, including
designs that reduce the use of greenhouse gas emitting fossil
fuels, or low-impact design to produce buildings that reduce
the use of non-renewable resources and minimize environmental
impact, or
``(K) plant, equipment and process upgrades of renewable
energy sources such as the small-scale production of energy for
individual buildings or communities consumption, commonly known
as micropower, or renewable fuels producers including biodiesel
and ethanol producers.''; and
(4) by adding at the end the following: ``In subparagraphs (J)
and (K), terms have the meanings given those terms under the
Leadership in Energy and Environmental Design (LEED) standard for
green building certification, as determined by the
Administrator.''.
(b) Loans for Plant Projects Used for Energy-Efficient Purposes.--
Section 502(2)(A) of the Small Business Investment Act of 1958 (15
U.S.C. 696(2)(A)) is amended--
(1) in clause (ii) by striking ``and'' at the end;
(2) in clause (iii) by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(iv) $4,000,000 for each project that reduces the
borrower's energy consumption by at least 10 percent; and
``(v) $4,000,000 for each project that generates
renewable energy or renewable fuels, such as biodiesel or
ethanol production.''.
SEC. 1205. ENERGY SAVING DEBENTURES.
(a) In General.--Section 303 of the Small Business Investment Act
of 1958 (15 U.S.C. 683) is amended by adding at the end the following:
``(k) Energy Saving Debentures.--In addition to any other authority
under this Act, a small business investment company licensed in the
first fiscal year after the date of enactment of this subsection or any
fiscal year thereafter may issue Energy Saving debentures.''.
(b) Definitions.--Section 103 of the Small Business Investment Act
of 1958 (15 U.S.C. 662) is amended--
(1) in paragraph (16), by striking ``and'' at the end;
(2) in paragraph (17), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(18) the term `Energy Saving debenture' means a deferred
interest debenture that--
``(A) is issued at a discount;
``(B) has a 5-year maturity or a 10-year maturity;
``(C) requires no interest payment or annual charge for the
first 5 years;
``(D) is restricted to Energy Saving qualified investments;
and
``(E) is issued at no cost (as defined in section 502 of
the Credit Reform Act of 1990) with respect to purchasing and
guaranteeing the debenture; and
``(19) the term `Energy Saving qualified investment' means
investment in a small business concern that is primarily engaged in
researching, manufacturing, developing, or providing products,
goods, or services that reduce the use or consumption of non-
renewable energy resources.''.
SEC. 1206. INVESTMENTS IN ENERGY SAVING SMALL BUSINESSES.
(a) Maximum Leverage.--Section 303(b)(2) of the Small Business
Investment Act of 1958 (15 U.S.C. 303(b)(2)) is amended by adding at
the end the following:
``(D) Investments in energy saving small businesses.--
``(i) In general.--Subject to clause (ii), in
calculating the outstanding leverage of a company for
purposes of subparagraph (A), the Administrator shall
exclude the amount of the cost basis of any Energy Saving
qualified investment in a smaller enterprise made in the
first fiscal year after the date of enactment of this
subparagraph or any fiscal year thereafter by a company
licensed in the applicable fiscal year.
``(ii) Limitations.--
``(I) Amount of exclusion.--The amount excluded
under clause (i) for a company shall not exceed 33
percent of the private capital of that company.
``(II) Maximum investment.--A company shall not
make an Energy Saving qualified investment in any one
entity in an amount equal to more than 20 percent of
the private capital of that company.
``(III) Other terms.--The exclusion of amounts
under clause (i) shall be subject to such terms as the
Administrator may impose to ensure that there is no
cost (as that term is defined in section 502 of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) with
respect to purchasing or guaranteeing any debenture
involved.''.
(b) Maximum Aggregate Amount of Leverage.--Section 303(b)(4) of the
Small Business Investment Act of 1958 (15 U.S.C. 303(b)(4)) is amended
by adding at the end the following:
``(E) Investments in energy saving small businesses.--
``(i) In general.--Subject to clause (ii), in
calculating the aggregate outstanding leverage of a company
for purposes of subparagraph (A), the Administrator shall
exclude the amount of the cost basis of any Energy Saving
qualified investment in a smaller enterprise made in the
first fiscal year after the date of enactment of this
subparagraph or any fiscal year thereafter by a company
licensed in the applicable fiscal year.
``(ii) Limitations.--
``(I) Amount of exclusion.--The amount excluded
under clause (i) for a company shall not exceed 33
percent of the private capital of that company.
``(II) Maximum investment.--A company shall not
make an Energy Saving qualified investment in any one
entity in an amount equal to more than 20 percent of
the private capital of that company.
``(III) Other terms.--The exclusion of amounts
under clause (i) shall be subject to such terms as the
Administrator may impose to ensure that there is no
cost (as that term is defined in section 502 of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) with
respect to purchasing or guaranteeing any debenture
involved.''.
SEC. 1207. RENEWABLE FUEL CAPITAL INVESTMENT COMPANY.
Title III of the Small Business Investment Act of 1958 (15 U.S.C.
681 et seq.) is amended by adding at the end the following:
``PART C--RENEWABLE FUEL CAPITAL INVESTMENT PILOT PROGRAM
``SEC. 381. DEFINITIONS.
``In this part:
``(1) Operational assistance.--The term `operational
assistance' means management, marketing, and other technical
assistance that assists a small business concern with business
development.
``(2) Participation agreement.--The term `participation
agreement' means an agreement, between the Administrator and a
company granted final approval under section 384(e), that--
``(A) details the operating plan and investment criteria of
the company; and
``(B) requires the company to make investments in smaller
enterprises primarily engaged in researching, manufacturing,
developing, producing, or bringing to market goods, products,
or services that generate or support the production of
renewable energy.
``(3) Renewable energy.--The term `renewable energy' means
energy derived from resources that are regenerative or that cannot
be depleted, including solar, wind, ethanol, and biodiesel fuels.
``(4) Renewable fuel capital investment company.--The term
`Renewable Fuel Capital Investment company' means a company--
``(A) that--
``(i) has been granted final approval by the
Administrator under section 384(e); and
``(ii) has entered into a participation agreement with
the Administrator; or
``(B) that has received conditional approval under section
384(c).
``(5) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and any other commonwealth, territory, or
possession of the United States.
``(6) Venture capital.--The term `venture capital' means
capital in the form of equity capital investments, as that term is
defined in section 303(g)(4).
``SEC. 382. PURPOSES.
``The purposes of the Renewable Fuel Capital Investment Program
established under this part are--
``(1) to promote the research, development, manufacture,
production, and bringing to market of goods, products, or services
that generate or support the production of renewable energy by
encouraging venture capital investments in smaller enterprises
primarily engaged such activities; and
``(2) to establish a venture capital program, with the mission
of addressing the unmet equity investment needs of smaller
enterprises engaged in researching, developing, manufacturing,
producing, and bringing to market goods, products, or services that
generate or support the production of renewable energy, to be
administered by the Administrator--
``(A) to enter into participation agreements with Renewable
Fuel Capital Investment companies;
``(B) to guarantee debentures of Renewable Fuel Capital
Investment companies to enable each such company to make
venture capital investments in smaller enterprises engaged in
the research, development, manufacture, production, and
bringing to market of goods, products, or services that
generate or support the production of renewable energy; and
``(C) to make grants to Renewable Fuel Investment Capital
companies, and to other entities, for the purpose of providing
operational assistance to smaller enterprises financed, or
expected to be financed, by such companies.
``SEC. 383. ESTABLISHMENT.
``The Administrator shall establish a Renewable Fuel Capital
Investment Program, under which the Administrator may--
``(1) enter into participation agreements for the purposes
described in section 382; and
``(2) guarantee the debentures issued by Renewable Fuel Capital
Investment companies as provided in section 385.
``SEC. 384. SELECTION OF RENEWABLE FUEL CAPITAL INVESTMENT COMPANIES.
``(a) Eligibility.--A company is eligible to apply to be designated
as a Renewable Fuel Capital Investment company if the company--
``(1) is a newly formed for-profit entity or a newly formed
for-profit subsidiary of an existing entity;
``(2) has a management team with experience in alternative
energy financing or relevant venture capital financing; and
``(3) has a primary objective of investment in smaller
enterprises that research, manufacture, develop, produce, or bring
to market goods, products, or services that generate or support the
production of renewable energy.
``(b) Application.--A company desiring to be designated as a
Renewable Fuel Capital Investment company shall submit an application
to the Administrator that includes--
``(1) a business plan describing how the company intends to
make successful venture capital investments in smaller enterprises
primarily engaged in the research, manufacture, development,
production, or bringing to market of goods, products, or services
that generate or support the production of renewable energy;
``(2) information regarding the relevant venture capital
qualifications and general reputation of the management of the
company;
``(3) a description of how the company intends to seek to
address the unmet capital needs of the smaller enterprises served;
``(4) a proposal describing how the company intends to use the
grant funds provided under this part to provide operational
assistance to smaller enterprises financed by the company,
including information regarding whether the company has employees
with appropriate professional licenses or will contract with
another entity when the services of such an individual are
necessary;
``(5) with respect to binding commitments to be made to the
company under this part, an estimate of the ratio of cash to in-
kind contributions;
``(6) a description of whether and to what extent the company
meets the criteria under subsection (c)(2) and the objectives of
the program established under this part;
``(7) information regarding the management and financial
strength of any parent firm, affiliated firm, or any other firm
essential to the success of the business plan of the company; and
``(8) such other information as the Administrator may require.
``(c) Conditional Approval.--
``(1) In general.--From among companies submitting applications
under subsection (b), the Administrator shall conditionally approve
companies to operate as Renewable Fuel Capital Investment
companies.
``(2) Selection criteria.--In conditionally approving companies
under paragraph (1), the Administrator shall consider--
``(A) the likelihood that the company will meet the goal of
its business plan;
``(B) the experience and background of the management team
of the company;
``(C) the need for venture capital investments in the
geographic areas in which the company intends to invest;
``(D) the extent to which the company will concentrate its
activities on serving the geographic areas in which it intends
to invest;
``(E) the likelihood that the company will be able to
satisfy the conditions under subsection (d);
``(F) the extent to which the activities proposed by the
company will expand economic opportunities in the geographic
areas in which the company intends to invest;
``(G) the strength of the proposal by the company to
provide operational assistance under this part as the proposal
relates to the ability of the company to meet applicable cash
requirements and properly use in-kind contributions, including
the use of resources for the services of licensed
professionals, when necessary, whether provided by employees or
contractors; and
``(H) any other factor determined appropriate by the
Administrator.
``(3) Nationwide distribution.--From among companies submitting
applications under subsection (b), the Administrator shall consider
the selection criteria under paragraph (2) and shall, to the
maximum extent practicable, approve at least one company from each
geographic region of the Administration.
``(d) Requirements To Be Met for Final Approval.--
``(1) In general.--The Administrator shall grant each
conditionally approved company 2 years to satisfy the requirements
of this subsection.
``(2) Capital requirement.--Each conditionally approved company
shall raise not less than $3,000,000 of private capital or binding
capital commitments from 1 or more investors (which shall not be
departments or agencies of the Federal Government) who meet
criteria established by the Administrator.
``(3) Nonadministration resources for operational assistance.--
``(A) In general.--In order to provide operational
assistance to smaller enterprises expected to be financed by
the company, each conditionally approved company shall have
binding commitments (for contribution in cash or in-kind)--
``(i) from sources other than the Administration that
meet criteria established by the Administrator; and
``(ii) payable or available over a multiyear period
determined appropriate by the Administrator (not to exceed
10 years).
``(B) Exception.--The Administrator may, in the discretion
of the Administrator and based upon a showing of special
circumstances and good cause, consider an applicant to have
satisfied the requirements of subparagraph (A) if the applicant
has--
``(i) a viable plan that reasonably projects the
capacity of the applicant to raise the amount (in cash or
in-kind) required under subparagraph (A); and
``(ii) binding commitments in an amount equal to not
less than 20 percent of the total amount required under
paragraph (A).
``(C) Limitation.--The total amount of a in-kind
contributions by a company shall be not more than 50 percent of
the total contributions by a company.
``(e) Final Approval; Designation.--The Administrator shall, with
respect to each applicant conditionally approved under subsection (c)--
``(1) grant final approval to the applicant to operate as a
Renewable Fuel Capital Investment company under this part and
designate the applicant as such a company, if the applicant--
``(A) satisfies the requirements of subsection (d) on or
before the expiration of the time period described in that
subsection; and
``(B) enters into a participation agreement with the
Administrator; or
``(2) if the applicant fails to satisfy the requirements of
subsection (d) on or before the expiration of the time period
described in paragraph (1) of that subsection, revoke the
conditional approval granted under that subsection.
``SEC. 385. DEBENTURES.
``(a) In General.--The Administrator may guarantee the timely
payment of principal and interest, as scheduled, on debentures issued
by any Renewable Fuel Capital Investment company.
``(b) Terms and Conditions.--The Administrator may make guarantees
under this section on such terms and conditions as it determines
appropriate, except that--
``(1) the term of any debenture guaranteed under this section
shall not exceed 15 years; and
``(2) a debenture guaranteed under this section--
``(A) shall carry no front-end or annual fees;
``(B) shall be issued at a discount;
``(C) shall require no interest payments during the 5-year
period beginning on the date the debenture is issued;
``(D) shall be prepayable without penalty after the end of
the 1-year period beginning on the date the debenture is
issued; and
``(E) shall require semiannual interest payments after the
period described in subparagraph (C).
``(c) Full Faith and Credit of the United States.--The full faith
and credit of the United States is pledged to pay all amounts that may
be required to be paid under any guarantee under this part.
``(d) Maximum Guarantee.--
``(1) In general.--Under this section, the Administrator may
guarantee the debentures issued by a Renewable Fuel Capital
Investment company only to the extent that the total face amount of
outstanding guaranteed debentures of such company does not exceed
150 percent of the private capital of the company, as determined by
the Administrator.
``(2) Treatment of certain federal funds.--For the purposes of
paragraph (1), private capital shall include capital that is
considered to be Federal funds, if such capital is contributed by
an investor other than a department or agency of the Federal
Government.
``SEC. 386. ISSUANCE AND GUARANTEE OF TRUST CERTIFICATES.
``(a) Issuance.--The Administrator may issue trust certificates
representing ownership of all or a fractional part of debentures issued
by a Renewable Fuel Capital Investment company and guaranteed by the
Administrator under this part, if such certificates are based on and
backed by a trust or pool approved by the Administrator and composed
solely of guaranteed debentures.
``(b) Guarantee.--
``(1) In general.--The Administrator may, under such terms and
conditions as it determines appropriate, guarantee the timely
payment of the principal of and interest on trust certificates
issued by the Administrator or its agents for purposes of this
section.
``(2) Limitation.--Each guarantee under this subsection shall
be limited to the extent of principal and interest on the
guaranteed debentures that compose the trust or pool.
``(3) Prepayment or default.--If a debenture in a trust or pool
is prepaid, or in the event of default of such a debenture, the
guarantee of timely payment of principal and interest on the trust
certificates shall be reduced in proportion to the amount of
principal and interest such prepaid debenture represents in the
trust or pool. Interest on prepaid or defaulted debentures shall
accrue and be guaranteed by the Administrator only through the date
of payment of the guarantee. At any time during its term, a trust
certificate may be called for redemption due to prepayment or
default of all debentures.
``(c) Full Faith and Credit of the United States.--The full faith
and credit of the United States is pledged to pay all amounts that may
be required to be paid under any guarantee of a trust certificate
issued by the Administrator or its agents under this section.
``(d) Fees.--The Administrator shall not collect a fee for any
guarantee of a trust certificate under this section, but any agent of
the Administrator may collect a fee approved by the Administrator for
the functions described in subsection (f)(2).
``(e) Subrogation and Ownership Rights.--
``(1) Subrogation.--If the Administrator pays a claim under a
guarantee issued under this section, it shall be subrogated fully
to the rights satisfied by such payment.
``(2) Ownership rights.--No Federal, State, or local law shall
preclude or limit the exercise by the Administrator of its
ownership rights in the debentures residing in a trust or pool
against which trust certificates are issued under this section.
``(f) Management and Administration.--
``(1) Registration.--The Administrator may provide for a
central registration of all trust certificates issued under this
section.
``(2) Contracting of functions.--
``(A) In general.--The Administrator may contract with an
agent or agents to carry out on behalf of the Administrator the
pooling and the central registration functions provided for in
this section, including, not withstanding any other provision
of law--
``(i) maintenance, on behalf of and under the direction
of the Administrator, of such commercial bank accounts or
investments in obligations of the United States as may be
necessary to facilitate the creation of trusts or pools
backed by debentures guaranteed under this part; and
``(ii) the issuance of trust certificates to facilitate
the creation of such trusts or pools.
``(B) Fidelity bond or insurance requirement.--Any agent
performing functions on behalf of the Administrator under this
paragraph shall provide a fidelity bond or insurance in such
amounts as the Administrator determines to be necessary to
fully protect the interests of the United States.
``(3) Regulation of brokers and dealers.--The Administrator may
regulate brokers and dealers in trust certificates issued under
this section.
``(4) Electronic registration.--Nothing in this subsection may
be construed to prohibit the use of a book-entry or other
electronic form of registration for trust certificates issued under
this section.
``SEC. 387. FEES.
``(a) In General.--Except as provided in section 386(d), the
Administrator may charge such fees as it determines appropriate with
respect to any guarantee or grant issued under this part, in an amount
established annually by the Administrator, as necessary to reduce to
zero the cost (as defined in section 502 of the Federal Credit Reform
Act of 1990) to the Administration of purchasing and guaranteeing
debentures under this part, which amounts shall be paid to and retained
by the Administration.
``(b) Offset.--The Administrator may, as provided by section 388,
offset fees charged and collected under subsection (a).
``SEC. 388. FEE CONTRIBUTION.
``(a) In General.--To the extent that amounts are made available to
the Administrator for the purpose of fee contributions, the
Administrator shall contribute to fees paid by the Renewable Fuel
Capital Investment companies under section 387.
``(b) Annual Adjustment.--Each fee contribution under subsection
(a) shall be effective for 1 fiscal year and shall be adjusted as
necessary for each fiscal year thereafter to ensure that amounts under
subsection (a) are fully used. The fee contribution for a fiscal year
shall be based on the outstanding commitments made and the guarantees
and grants that the Administrator projects will be made during that
fiscal year, given the program level authorized by law for that fiscal
year and any other factors that the Administrator determines
appropriate.
``SEC. 389. OPERATIONAL ASSISTANCE GRANTS.
``(a) In General.--
``(1) Authority.--The Administrator may make grants to
Renewable Fuel Capital Investment companies to provide operational
assistance to smaller enterprises financed, or expected to be
financed, by such companies or other entities.
``(2) Terms.--A grant under this subsection shall be made over
a multiyear period not to exceed 10 years, under such other terms
as the Administrator may require.
``(3) Grant amount.--The amount of a grant made under this
subsection to a Renewable Fuel Capital Investment company shall be
equal to the lesser of--
``(A) 10 percent of the resources (in cash or in-kind)
raised by the company under section 384(d)(2); or
``(B) $1,000,000.
``(4) Pro rata reductions.--If the amount made available to
carry out this section is insufficient for the Administrator to
provide grants in the amounts provided for in paragraph (3), the
Administrator shall make pro rata reductions in the amounts
otherwise payable to each company and entity under such paragraph.
``(5) Grants to conditionally approved companies.--
``(A) In general.--Subject to subparagraphs (B) and (C),
upon the request of a company conditionally approved under
section 384(c), the Administrator shall make a grant to the
company under this subsection.
``(B) Repayment by companies not approved.--If a company
receives a grant under this paragraph and does not enter into a
participation agreement for final approval, the company shall,
subject to controlling Federal law, repay the amount of the
grant to the Administrator.
``(C) Deduction of grant to approved company.--If a company
receives a grant under this paragraph and receives final
approval under section 384(e), the Administrator shall deduct
the amount of the grant from the total grant amount the company
receives for operational assistance.
``(D) Amount of grant.--No company may receive a grant of
more than $100,000 under this paragraph.
``(b) Supplemental Grants.--
``(1) In general.--The Administrator may make supplemental
grants to Renewable Fuel Capital Investment companies and to other
entities, as authorized by this part, under such terms as the
Administrator may require, to provide additional operational
assistance to smaller enterprises financed, or expected to be
financed, by the companies.
``(2) Matching requirement.--The Administrator may require, as
a condition of any supplemental grant made under this subsection,
that the company or entity receiving the grant provide from
resources (in a cash or in kind), other then those provided by the
Administrator, a matching contribution equal to the amount of the
supplemental grant.
``(c) Limitation.--None of the assistance made available under this
section may be used for any overhead or general and administrative
expense of a Renewable Fuel Capital Investment company.
``SEC. 390. BANK PARTICIPATION.
``(a) In General.--Except as provided in subsection (b), any
national bank, any member bank of the Federal Reserve System, and (to
the extent permitted under applicable State law) any insured bank that
is not a member of such system, may invest in any Renewable Fuel
Capital Investment company, or in any entity established to invest
solely in Renewable Fuel Capital Investment companies.
``(b) Limitation.--No bank described in subsection (a) may make
investments described in such subsection that are greater than 5
percent of the capital and surplus of the bank.
``SEC. 391. FEDERAL FINANCING BANK.
``Notwithstanding section 318, the Federal Financing Bank may
acquire a debenture issued by a Renewable Fuel Capital Investment
company under this part.
``SEC. 392. REPORTING REQUIREMENT.
``Each Renewable Fuel Capital Investment company that participates
in the program established under this part shall provide to the
Administrator such information as the Administrator may require,
including--
``(1) information related to the measurement criteria that the
company proposed in its program application; and
``(2) in each case in which the company makes, under this part,
an investment in, or a loan or a grant to, a business that is not
primarily engaged in the research, development, manufacture, or
bringing to market or renewable energy sources, a report on the
nature, origin, and revenues of the business in which investments
are made.
``SEC. 393. EXAMINATIONS.
``(a) In General.--Each Renewable Fuel Capital Investment company
that participates in the program established under this part shall be
subject to examinations made at the direction of the Investment
Division of the Administration in accordance with this section.
``(b) Assistance of Private Sector Entities.--Examinations under
this section may be conducted with the assistance of a private sector
entity that has both the qualifications and the expertise necessary to
conduct such examinations.
``(c) Costs.--
``(1) Assessment.--
``(A) In general.--The Administrator may assess the cost of
examinations under this section, including compensation of the
examiners, against the company examined.
``(B) Payment.--Any company against which the Administrator
assesses costs under this paragraph shall pay such costs.
``(2) Deposit of funds.--Funds collected under this section
shall be deposited in the account for salaries and expenses of the
Administration.
``SEC. 394. MISCELLANEOUS.
``To the extent such procedures are not inconsistent with the
requirements of this part, the Administrator may take such action as
set forth in sections 309, 311, 312, and 314 and an officer, director,
employee, agent, or other participant in the management or conduct of
the affairs of a Renewable Fuel Capital Investment company shall be
subject to the requirements of such sections.
``SEC. 395. REMOVAL OR SUSPENSION OF DIRECTORS OR OFFICERS.
``Using the procedures for removing or suspending a director or an
officer of a licensee set forth in section 313 (to the extent such
procedures are not inconsistent with the requirements of this part),
the Administrator may remove or suspend any director or officer of any
Renewable Fuel Capital Investment company.
``SEC. 396. REGULATIONS.
``The Administrator may issue such regulations as the Administrator
determines necessary to carry out the provisions of this part in
accordance with its purposes.
``SEC. 397. AUTHORIZATIONS OF APPROPRIATIONS.
``(a) In General.--Subject to the availability of appropriations,
the Administrator is authorized to make $15,000,000 in operational
assistance grants under section 389 for each of fiscal years 2008 and
2009.
``(b) Funds Collected for Examinations.--Funds deposited under
section 393(c)(2) are authorized to be appropriated only for the costs
of examinations under section 393 and for the costs of other oversight
activities with respect to the program established under this part.
``SEC. 398. TERMINATION.
``The program under this part shall terminate at the end of the
second full fiscal year after the date that the Administrator
establishes the program under this part.''.
SEC. 1208. STUDY AND REPORT.
The Administrator of the Small Business Administration shall
conduct a study of the Renewable Fuel Capital Investment Program under
part C of title III of the Small Business Investment Act of 1958, as
added by this Act. Not later than 3 years after the date of enactment
of this Act, the Administrator shall complete the study under this
section and submit to Congress a report regarding the results of the
study.
TITLE XIII--SMART GRID
SEC. 1301. STATEMENT OF POLICY ON MODERNIZATION OF ELECTRICITY GRID.
It is the policy of the United States to support the modernization
of the Nation's electricity transmission and distribution system to
maintain a reliable and secure electricity infrastructure that can meet
future demand growth and to achieve each of the following, which
together characterize a Smart Grid:
(1) Increased use of digital information and controls
technology to improve reliability, security, and efficiency of the
electric grid.
(2) Dynamic optimization of grid operations and resources, with
full cyber-security.
(3) Deployment and integration of distributed resources and
generation, including renewable resources.
(4) Development and incorporation of demand response, demand-
side resources, and energy-efficiency resources.
(5) Deployment of ``smart'' technologies (real-time, automated,
interactive technologies that optimize the physical operation of
appliances and consumer devices) for metering, communications
concerning grid operations and status, and distribution automation.
(6) Integration of ``smart'' appliances and consumer devices.
(7) Deployment and integration of advanced electricity storage
and peak-shaving technologies, including plug-in electric and
hybrid electric vehicles, and thermal-storage air conditioning.
(8) Provision to consumers of timely information and control
options.
(9) Development of standards for communication and
interoperability of appliances and equipment connected to the
electric grid, including the infrastructure serving the grid.
(10) Identification and lowering of unreasonable or unnecessary
barriers to adoption of smart grid technologies, practices, and
services.
SEC. 1302. SMART GRID SYSTEM REPORT.
The Secretary, acting through the Assistant Secretary of the Office
of Electricity Delivery and Energy Reliability (referred to in this
section as the ``OEDER'') and through the Smart Grid Task Force
established in section 1303, shall, after consulting with any
interested individual or entity as appropriate, no later than 1 year
after enactment, and every 2 years thereafter, report to Congress
concerning the status of smart grid deployments nationwide and any
regulatory or government barriers to continued deployment. The report
shall provide the current status and prospects of smart grid
development, including information on technology penetration,
communications network capabilities, costs, and obstacles. It may
include recommendations for State and Federal policies or actions
helpful to facilitate the transition to a smart grid. To the extent
appropriate, it should take a regional perspective. In preparing this
report, the Secretary shall solicit advice and contributions from the
Smart Grid Advisory Committee created in section 1303; from other
involved Federal agencies including but not limited to the Federal
Energy Regulatory Commission (``Commission''), the National Institute
of Standards and Technology (``Institute''), and the Department of
Homeland Security; and from other stakeholder groups not already
represented on the Smart Grid Advisory Committee.
SEC. 1303. SMART GRID ADVISORY COMMITTEE AND SMART GRID TASK FORCE.
(a) Smart Grid Advisory Committee.--
(1) Establishment.--The Secretary shall establish, within 90
days of enactment of this Part, a Smart Grid Advisory Committee
(either as an independent entity or as a designated sub-part of a
larger advisory committee on electricity matters). The Smart Grid
Advisory Committee shall include eight or more members appointed by
the Secretary who have sufficient experience and expertise to
represent the full range of smart grid technologies and services,
to represent both private and non-Federal public sector
stakeholders. One member shall be appointed by the Secretary to
Chair the Smart Grid Advisory Committee.
(2) Mission.--The mission of the Smart Grid Advisory Committee
shall be to advise the Secretary, the Assistant Secretary, and
other relevant Federal officials concerning the development of
smart grid technologies, the progress of a national transition to
the use of smart-grid technologies and services, the evolution of
widely-accepted technical and practical standards and protocols to
allow interoperability and inter-communication among smart-grid
capable devices, and the optimum means of using Federal incentive
authority to encourage such progress.
(3) Applicability of federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the
Smart Grid Advisory Committee.
(b) Smart Grid Task Force.--
(1) Establishment.--The Assistant Secretary of the Office of
Electricity Delivery and Energy Reliability shall establish, within
90 days of enactment of this Part, a Smart Grid Task Force composed
of designated employees from the various divisions of that office
who have responsibilities related to the transition to smart-grid
technologies and practices. The Assistant Secretary or his designee
shall be identified as the Director of the Smart Grid Task Force.
The Chairman of the Federal Energy Regulatory Commission and the
Director of the National Institute of Standards and Technology
shall each designate at least one employee to participate on the
Smart Grid Task Force. Other members may come from other agencies
at the invitation of the Assistant Secretary or the nomination of
the head of such other agency. The Smart Grid Task Force shall,
without disrupting the work of the Divisions or Offices from which
its members are drawn, provide an identifiable Federal entity to
embody the Federal role in the national transition toward
development and use of smart grid technologies.
(2) Mission.--The mission of the Smart Grid Task Force shall be
to insure awareness, coordination and integration of the diverse
activities of the Office and elsewhere in the Federal Government
related to smart-grid technologies and practices, including but not
limited to: smart grid research and development; development of
widely accepted smart-grid standards and protocols; the
relationship of smart-grid technologies and practices to electric
utility regulation; the relationship of smart-grid technologies and
practices to infrastructure development, system reliability and
security; and the relationship of smart-grid technologies and
practices to other facets of electricity supply, demand,
transmission, distribution, and policy. The Smart Grid Task Force
shall collaborate with the Smart Grid Advisory Committee and other
Federal agencies and offices. The Smart Grid Task Force shall meet
at the call of its Director as necessary to accomplish its mission.
(c) Authorization.--There are authorized to be appropriated for the
purposes of this section such sums as are necessary to the Secretary to
support the operations of the Smart Grid Advisory Committee and Smart
Grid Task Force for each of fiscal years 2008 through 2020.
SEC. 1304. SMART GRID TECHNOLOGY RESEARCH, DEVELOPMENT, AND
DEMONSTRATION.
(a) Power Grid Digital Information Technology.--The Secretary, in
consultation with the Federal Energy Regulatory Commission and other
appropriate agencies, electric utilities, the States, and other
stakeholders, shall carry out a program--
(1) to develop advanced techniques for measuring peak load
reductions and energy-efficiency savings from smart metering,
demand response, distributed generation, and electricity storage
systems;
(2) to investigate means for demand response, distributed
generation, and storage to provide ancillary services;
(3) to conduct research to advance the use of wide-area
measurement and control networks, including data mining,
visualization, advanced computing, and secure and dependable
communications in a highly-distributed environment;
(4) to test new reliability technologies, including those
concerning communications network capabilities, in a grid control
room environment against a representative set of local outage and
wide area blackout scenarios;
(5) to identify communications network capacity needed to
implement advanced technologies.
(6) to investigate the feasibility of a transition to time-of-
use and real-time electricity pricing;
(7) to develop algorithms for use in electric transmission
system software applications;
(8) to promote the use of underutilized electricity generation
capacity in any substitution of electricity for liquid fuels in the
transportation system of the United States; and
(9) in consultation with the Federal Energy Regulatory
Commission, to propose interconnection protocols to enable electric
utilities to access electricity stored in vehicles to help meet
peak demand loads.
(b) Smart Grid Regional Demonstration Initiative.--
(1) In general.--The Secretary shall establish a smart grid
regional demonstration initiative (referred to in this subsection
as the ``Initiative'') composed of demonstration projects
specifically focused on advanced technologies for use in power grid
sensing, communications, analysis, and power flow control. The
Secretary shall seek to leverage existing smart grid deployments.
(2) Goals.--The goals of the Initiative shall be--
(A) to demonstrate the potential benefits of concentrated
investments in advanced grid technologies on a regional grid;
(B) to facilitate the commercial transition from the
current power transmission and distribution system technologies
to advanced technologies;
(C) to facilitate the integration of advanced technologies
in existing electric networks to improve system performance,
power flow control, and reliability;
(D) to demonstrate protocols and standards that allow for
the measurement and validation of the energy savings and fossil
fuel emission reductions associated with the installation and
use of energy efficiency and demand response technologies and
practices; and
(E) to investigate differences in each region and
regulatory environment regarding best practices in implementing
smart grid technologies.
(3) Demonstration projects.--
(A) In general.--In carrying out the initiative, the
Secretary shall carry out smart grid demonstration projects in
up to 5 electricity control areas, including rural areas and at
least 1 area in which the majority of generation and
transmission assets are controlled by a tax-exempt entity.
(B) Cooperation.--A demonstration project under
subparagraph (A) shall be carried out in cooperation with the
electric utility that owns the grid facilities in the
electricity control area in which the demonstration project is
carried out.
(C) Federal share of cost of technology investments.--The
Secretary shall provide to an electric utility described in
subparagraph (B) financial assistance for use in paying an
amount equal to not more than 50 percent of the cost of
qualifying advanced grid technology investments made by the
electric utility to carry out a demonstration project.
(D) Ineligibility for grants.--No person or entity
participating in any demonstration project conducted under this
subsection shall be eligible for grants under section 1306 for
otherwise qualifying investments made as part of that
demonstration project.
(c) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) to carry out subsection (a), such sums as are necessary for
each of fiscal years 2008 through 2012; and
(2) to carry out subsection (b), $100,000,000 for each of
fiscal years 2008 through 2012.
SEC. 1305. SMART GRID INTEROPERABILITY FRAMEWORK.
(a) Interoperability Framework.--The Director of the National
Institute of Standards and Technology shall have primary responsibility
to coordinate the development of a framework that includes protocols
and model standards for information management to achieve
interoperability of smart grid devices and systems. Such protocols and
standards shall further align policy, business, and technology
approaches in a manner that would enable all electric resources,
including demand-side resources, to contribute to an efficient,
reliable electricity network. In developing such protocols and
standards--
(1) the Director shall seek input and cooperation from the
Commission, OEDER and its Smart Grid Task Force, the Smart Grid
Advisory Committee, other relevant Federal and State agencies; and
(2) the Director shall also solicit input and cooperation from
private entities interested in such protocols and standards,
including but not limited to the Gridwise Architecture Council, the
International Electrical and Electronics Engineers, the National
Electric Reliability Organization recognized by the Federal Energy
Regulatory Commission, and National Electrical Manufacturer's
Association.
(b) Scope of Framework.--The framework developed under subsection
(a) shall be flexible, uniform and technology neutral, including but
not limited to technologies for managing smart grid information, and
designed--
(1) to accommodate traditional, centralized generation and
transmission resources and consumer distributed resources,
including distributed generation, renewable generation, energy
storage, energy efficiency, and demand response and enabling
devices and systems;
(2) to be flexible to incorporate--
(A) regional and organizational differences; and
(B) technological innovations;
(3) to consider the use of voluntary uniform standards for
certain classes of mass-produced electric appliances and equipment
for homes and businesses that enable customers, at their election
and consistent with applicable State and Federal laws, and are
manufactured with the ability to respond to electric grid
emergencies and demand response signals by curtailing all, or a
portion of, the electrical power consumed by the appliances or
equipment in response to an emergency or demand response signal,
including through--
(A) load reduction to reduce total electrical demand;
(B) adjustment of load to provide grid ancillary services;
and
(C) in the event of a reliability crisis that threatens an
outage, short-term load shedding to help preserve the stability
of the grid; and
(4) such voluntary standards should incorporate appropriate
manufacturer lead time.
(c) Timing of Framework Development.--The Institute shall begin
work pursuant to this section within 60 days of enactment. The
Institute shall provide and publish an initial report on progress
toward recommended or consensus standards and protocols within 1 year
after enactment, further reports at such times as developments warrant
in the judgment of the Institute, and a final report when the Institute
determines that the work is completed or that a Federal role is no
longer necessary.
(d) Standards for Interoperability in Federal Jurisdiction.--At any
time after the Institute's work has led to sufficient consensus in the
Commission's judgment, the Commission shall institute a rulemaking
proceeding to adopt such standards and protocols as may be necessary to
insure smart-grid functionality and interoperability in interstate
transmission of electric power, and regional and wholesale electricity
markets.
(e) Authorization.--There are authorized to be appropriated for the
purposes of this section $5,000,000 to the Institute to support the
activities required by this subsection for each of fiscal years 2008
through 2012.
SEC. 1306. FEDERAL MATCHING FUND FOR SMART GRID INVESTMENT COSTS.
(a) Matching Fund.--The Secretary shall establish a Smart Grid
Investment Matching Grant Program to provide reimbursement of one-fifth
(20 percent) of qualifying Smart Grid investments.
(b) Qualifying Investments.--Qualifying Smart Grid investments may
include any of the following made on or after the date of enactment of
this Act:
(1) In the case of appliances covered for purposes of
establishing energy conservation standards under part B of title
III of the Energy Policy and Conservation Act of 1975 (42 U.S.C.
6291 et seq.), the documented expenditures incurred by a
manufacturer of such appliances associated with purchasing or
designing, creating the ability to manufacture, and manufacturing
and installing for one calendar year, internal devices that allow
the appliance to engage in Smart Grid functions.
(2) In the case of specialized electricity-using equipment,
including motors and drivers, installed in industrial or commercial
applications, the documented expenditures incurred by its owner or
its manufacturer of installing devices or modifying that equipment
to engage in Smart Grid functions.
(3) In the case of transmission and distribution equipment
fitted with monitoring and communications devices to enable smart
grid functions, the documented expenditures incurred by the
electric utility to purchase and install such monitoring and
communications devices.
(4) In the case of metering devices, sensors, control devices,
and other devices integrated with and attached to an electric
utility system or retail distributor or marketer of electricity
that are capable of engaging in Smart Grid functions, the
documented expenditures incurred by the electric utility,
distributor, or marketer and its customers to purchase and install
such devices.
(5) In the case of software that enables devices or computers
to engage in Smart Grid functions, the documented purchase costs of
the software.
(6) In the case of entities that operate or coordinate
operations of regional electric grids, the documented expenditures
for purchasing and installing such equipment that allows Smart Grid
functions to operate and be combined or coordinated among multiple
electric utilities and between that region and other regions.
(7) In the case of persons or entities other than electric
utilities owning and operating a distributed electricity generator,
the documented expenditures of enabling that generator to be
monitored, controlled, or otherwise integrated into grid operations
and electricity flows on the grid utilizing Smart Grid functions.
(8) In the case of electric or hybrid-electric vehicles, the
documented expenses for devices that allow the vehicle to engage in
Smart Grid functions (but not the costs of electricity storage for
the vehicle).
(9) The documented expenditures related to purchasing and
implementing Smart Grid functions in such other cases as the
Secretary shall identify. In making such grants, the Secretary
shall seek to reward innovation and early adaptation, even if
success is not complete, rather than deployment of proven and
commercially viable technologies.
(c) Investments Not Included.--Qualifying Smart Grid investments do
not include any of the following:
(1) Investments or expenditures for Smart Grid technologies,
devices, or equipment that are eligible for specific tax credits or
deductions under the Internal Revenue Code, as amended.
(2) Expenditures for electricity generation, transmission, or
distribution infrastructure or equipment not directly related to
enabling Smart Grid functions.
(3) After the final date for State consideration of the Smart
Grid Information Standard under section 1307 (paragraph (17) of
section 111(d) of the Public Utility Regulatory Policies Act of
1978), an investment that is not in compliance with such standard.
(4) After the development and publication by the Institute of
protocols and model standards for interoperability of smart grid
devices and technologies, an investment that fails to incorporate
any of such protocols or model standards.
(5) Expenditures for physical interconnection of generators or
other devices to the grid except those that are directly related to
enabling Smart Grid functions.
(6) Expenditures for ongoing salaries, benefits, or personnel
costs not incurred in the initial installation, training, or start
up of smart grid functions.
(7) Expenditures for travel, lodging, meals or other personal
costs.
(8) Ongoing or routine operation, billing, customer relations,
security, and maintenance expenditures.
(9) Such other expenditures that the Secretary determines not
to be Qualifying Smart Grid Investments by reason of the lack of
the ability to perform Smart Grid functions or lack of direct
relationship to Smart Grid functions.
(d) Smart Grid Functions.--The term ``smart grid functions'' means
any of the following:
(1) The ability to develop, store, send and receive digital
information concerning electricity use, costs, prices, time of use,
nature of use, storage, or other information relevant to device,
grid, or utility operations, to or from or by means of the electric
utility system, through one or a combination of devices and
technologies.
(2) The ability to develop, store, send and receive digital
information concerning electricity use, costs, prices, time of use,
nature of use, storage, or other information relevant to device,
grid, or utility operations to or from a computer or other control
device.
(3) The ability to measure or monitor electricity use as a
function of time of day, power quality characteristics such as
voltage level, current, cycles per second, or source or type of
generation and to store, synthesize or report that information by
digital means.
(4) The ability to sense and localize disruptions or changes in
power flows on the grid and communicate such information
instantaneously and automatically for purposes of enabling
automatic protective responses to sustain reliability and security
of grid operations.
(5) The ability to detect, prevent, communicate with regard to,
respond to, or recover from system security threats, including
cyber-security threats and terrorism, using digital information,
media, and devices.
(6) The ability of any appliance or machine to respond to such
signals, measurements, or communications automatically or in a
manner programmed by its owner or operator without independent
human intervention.
(7) The ability to use digital information to operate
functionalities on the electric utility grid that were previously
electro-mechanical or manual.
(8) The ability to use digital controls to manage and modify
electricity demand, enable congestion management, assist in voltage
control, provide operating reserves, and provide frequency
regulation.
(9) Such other functions as the Secretary may identify as being
necessary or useful to the operation of a Smart Grid.
(e) The Secretary shall--
(1) establish and publish in the Federal Register, within 1
year after the enactment of this Act procedures by which applicants
who have made qualifying Smart Grid investments can seek and obtain
reimbursement of one-fifth of their documented expenditures;
(2) establish procedures to ensure that there is no duplication
or multiple reimbursement for the same investment or costs, that
the reimbursement goes to the party making the actual expenditures
for Qualifying Smart Grid Investments, and that the grants made
have significant effect in encouraging and facilitating the
development of a smart grid;
(3) maintain public records of reimbursements made, recipients,
and qualifying Smart Grid investments which have received
reimbursements;
(4) establish procedures to provide, in cases deemed by the
Secretary to be warranted, advance payment of moneys up to the full
amount of the projected eventual reimbursement, to creditworthy
applicants whose ability to make Qualifying Smart Grid Investments
may be hindered by lack of initial capital, in lieu of any later
reimbursement for which that applicant qualifies, and subject to
full return of the advance payment in the event that the Qualifying
Smart Grid investment is not made; and
(5) have and exercise the discretion to deny grants for
investments that do not qualify in the reasonable judgment of the
Secretary.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as are necessary for the
administration of this section and the grants to be made pursuant to
this section for fiscal years 2008 through 2012.
SEC. 1307. STATE CONSIDERATION OF SMART GRID.
(a) Section 111(d) of the Public Utility Regulatory Policies Act of
1978 (16 U.S.C. 2621(d)) is amended by adding at the end the following:
``(16) Consideration of smart grid investments.--
``(A) In general.--Each State shall consider requiring
that, prior to undertaking investments in nonadvanced grid
technologies, an electric utility of the State demonstrate to
the State that the electric utility considered an investment in
a qualified smart grid system based on appropriate factors,
including--
``(i) total costs;
``(ii) cost-effectiveness;
``(iii) improved reliability;
``(iv) security;
``(v) system performance; and
``(vi) societal benefit.
``(B) Rate recovery.--Each State shall consider authorizing
each electric utility of the State to recover from ratepayers
any capital, operating expenditure, or other costs of the
electric utility relating to the deployment of a qualified
smart grid system, including a reasonable rate of return on the
capital expenditures of the electric utility for the deployment
of the qualified smart grid system.
``(C) Obsolete equipment.--Each State shall consider
authorizing any electric utility or other party of the State to
deploy a qualified smart grid system to recover in a timely
manner the remaining book-value costs of any equipment rendered
obsolete by the deployment of the qualified smart grid system,
based on the remaining depreciable life of the obsolete
equipment.
``(17) Smart grid information.--
``(A) Standard.--All electricity purchasers shall be
provided direct access, in written or electronic machine-
readable form as appropriate, to information from their
electricity provider as provided in subparagraph (B).
``(B) Information.--Information provided under this
section, to the extent practicable, shall include:
``(i) Prices.--Purchasers and other interested persons
shall be provided with information on--
``(I) time-based electricity prices in the
wholesale electricity market; and
``(II) time-based electricity retail prices or
rates that are available to the purchasers.
``(ii) Usage.--Purchasers shall be provided with the
number of electricity units, expressed in kwh, purchased by
them.
``(iii) Intervals and projections.--Updates of
information on prices and usage shall be offered on not
less than a daily basis, shall include hourly price and use
information, where available, and shall include a day-ahead
projection of such price information to the extent
available.
``(iv) Sources.--Purchasers and other interested
persons shall be provided annually with written information
on the sources of the power provided by the utility, to the
extent it can be determined, by type of generation,
including greenhouse gas emissions associated with each
type of generation, for intervals during which such
information is available on a cost-effective basis.
``(C) Access.--Purchasers shall be able to access their own
information at any time through the Internet and on other means
of communication elected by that utility for Smart Grid
applications. Other interested persons shall be able to access
information not specific to any purchaser through the Internet.
Information specific to any purchaser shall be provided solely
to that purchaser.''.
(b) Compliance.--
(1) Time limitations.--Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended by
adding the following at the end thereof:
``(6)(A) Not later than 1 year after the enactment of this
paragraph, each State regulatory authority (with respect to each
electric utility for which it has ratemaking authority) and each
nonregulated utility shall commence the consideration referred to
in section 111, or set a hearing date for consideration, with
respect to the standards established by paragraphs (17) through
(18) of section 111(d).
``(B) Not later than 2 years after the date of the enactment of
this paragraph, each State regulatory authority (with respect to
each electric utility for which it has ratemaking authority), and
each nonregulated electric utility, shall complete the
consideration, and shall make the determination, referred to in
section 111 with respect to each standard established by paragraphs
(17) through (18) of section 111(d).''.
(2) Failure to comply.--Section 112(c) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended by
adding the following at the end:
``In the case of the standards established by paragraphs (16)
through (19) of section 111(d), the reference contained in this
subsection to the date of enactment of this Act shall be deemed to be a
reference to the date of enactment of such paragraphs.''.
(3) Prior state actions.--Section 112(d) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) is amended by
inserting ``and paragraphs (17) through (18)'' before ``of section
111(d)''.
SEC. 1308. STUDY OF THE EFFECT OF PRIVATE WIRE LAWS ON THE DEVELOPMENT
OF COMBINED HEAT AND POWER FACILITIES.
(a) Study.--
(1) In general.--The Secretary, in consultation with the States
and other appropriate entities, shall conduct a study of the laws
(including regulations) affecting the siting of privately owned
electric distribution wires on and across public rights-of-way.
(2) Requirements.--The study under paragraph (1) shall
include--
(A) an evaluation of--
(i) the purposes of the laws; and
(ii) the effect the laws have on the development of
combined heat and power facilities;
(B) a determination of whether a change in the laws would
have any operating, reliability, cost, or other impacts on
electric utilities and the customers of the electric utilities;
and
(C) an assessment of--
(i) whether privately owned electric distribution wires
would result in duplicative facilities; and
(ii) whether duplicative facilities are necessary or
desirable.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to Congress a report that
describes the results of the study conducted under subsection (a).
SEC. 1309. DOE STUDY OF SECURITY ATTRIBUTES OF SMART GRID SYSTEMS.
(a) DOE Study.--The Secretary shall, within 18 months after the
date of enactment of this Act, submit a report to Congress that
provides a quantitative assessment and determination of the existing
and potential impacts of the deployment of Smart Grid systems on
improving the security of the Nation's electricity infrastructure and
operating capability. The report shall include but not be limited to
specific recommendations on each of the following:
(1) How smart grid systems can help in making the Nation's
electricity system less vulnerable to disruptions due to
intentional acts against the system.
(2) How smart grid systems can help in restoring the integrity
of the Nation's electricity system subsequent to disruptions.
(3) How smart grid systems can facilitate nationwide,
interoperable emergency communications and control of the Nation's
electricity system during times of localized, regional, or
nationwide emergency.
(4) What risks must be taken into account that smart grid
systems may, if not carefully created and managed, create
vulnerability to security threats of any sort, and how such risks
may be mitigated.
(b) Consultation.--The Secretary shall consult with other Federal
agencies in the development of the report under this section, including
but not limited to the Secretary of Homeland Security, the Federal
Energy Regulatory Commission, and the Electric Reliability Organization
certified by the Commission under section 215(c) of the Federal Power
Act (16 U.S.C. 824o) as added by section 1211 of the Energy Policy Act
of 2005 (Public Law 109-58; 119 Stat. 941).
TITLE XIV--POOL AND SPA SAFETY
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Virginia Graeme Baker Pool and Spa
Safety Act''.
SEC. 1402. FINDINGS.
Congress finds the following:
(1) Of injury-related deaths, drowning is the second leading
cause of death in children aged 1 to 14 in the United States.
(2) In 2004, 761 children aged 14 and under died as a result of
unintentional drowning.
(3) Adult supervision at all aquatic venues is a critical
safety factor in preventing children from drowning.
(4) Research studies show that the installation and proper use
of barriers or fencing, as well as additional layers of protection,
could substantially reduce the number of childhood residential
swimming pool drownings and near drownings.
SEC. 1403. DEFINITIONS.
In this title:
(1) ASME/ANSI.--The term ``ASME/ANSI'' as applied to a safety
standard means such a standard that is accredited by the American
National Standards Institute and published by the American Society
of Mechanical Engineers.
(2) Barrier.--The term ``barrier'' includes a natural or
constructed topographical feature that prevents unpermitted access
by children to a swimming pool, and, with respect to a hot tub, a
lockable cover.
(3) Commission.--The term ``Commission'' means the Consumer
Product Safety Commission.
(4) Main drain.--The term ``main drain'' means a submerged
suction outlet typically located at the bottom of a pool or spa to
conduct water to a recirculating pump.
(5) Safety vacuum release system.--The term ``safety vacuum
release system'' means a vacuum release system capable of providing
vacuum release at a suction outlet caused by a high vacuum
occurrence due to a suction outlet flow blockage.
(6) Swimming pool; spa.--The term ``swimming pool'' or ``spa''
means any outdoor or indoor structure intended for swimming or
recreational bathing, including in-ground and above-ground
structures, and includes hot tubs, spas, portable spas, and non-
portable wading pools.
(7) Unblockable drain.--The term ``unblockable drain'' means a
drain of any size and shape that a human body cannot sufficiently
block to create a suction entrapment hazard.
SEC. 1404. FEDERAL SWIMMING POOL AND SPA DRAIN COVER STANDARD.
(a) Consumer Product Safety Rule.--The requirements described in
subsection (b) shall be treated as a consumer product safety rule
issued by the Consumer Product Safety Commission under the Consumer
Product Safety Act (15 U.S.C. 2051 et seq.).
(b) Drain Cover Standard.--Effective 1 year after the date of
enactment of this title, each swimming pool or spa drain cover
manufactured, distributed, or entered into commerce in the United
States shall conform to the entrapment protection standards of the
ASME/ANSI A112.19.8 performance standard, or any successor standard
regulating such swimming pool or drain cover.
(c) Public Pools.--
(1) Required equipment.--
(A) In general.--Beginning 1 year after the date of
enactment of this title--
(i) each public pool and spa in the United States shall
be equipped with anti-entrapment devices or systems that
comply with the ASME/ANSI A112.19.8 performance standard,
or any successor standard; and
(ii) each public pool and spa in the United States with
a single main drain other than an unblockable drain shall
be equipped, at a minimum, with 1 or more of the following
devices or systems designed to prevent entrapment by pool
or spa drains that meets the requirements of subparagraph
(B):
(I) Safety vacuum release system.--A safety vacuum
release system which ceases operation of the pump,
reverses the circulation flow, or otherwise provides a
vacuum release at a suction outlet when a blockage is
detected, that has been tested by an independent third
party and found to conform to ASME/ANSI standard
A112.19.17 or ASTM standard F2387.
(II) Suction-limiting vent system.--A suction-
limiting vent system with a tamper-resistant
atmospheric opening.
(III) Gravity drainage system.--A gravity drainage
system that utilizes a collector tank.
(IV) Automatic pump shut-off system.--An automatic
pump shut-off system.
(V) Drain disablement.--A device or system that
disables the drain.
(VI) Other systems.--Any other system determined by
the Commission to be equally effective as, or better
than, the systems described in subclauses (I) through
(V) of this clause at preventing or eliminating the
risk of injury or death associated with pool drainage
systems.
(B) Applicable standards.--Any device or system described
in subparagraph (A)(ii) shall meet the requirements of any
ASME/ANSI or ASTM performance standard if there is such a
standard for such a device or system, or any applicable
consumer product safety standard.
(2) Public pool and spa defined.--In this subsection, the term
``public pool and spa'' means a swimming pool or spa that is--
(A) open to the public generally, whether for a fee or free
of charge;
(B) open exclusively to--
(i) members of an organization and their guests;
(ii) residents of a multi-unit apartment building,
apartment complex, residential real estate development, or
other multi-family residential area (other than a
municipality, township, or other local government
jurisdiction); or
(iii) patrons of a hotel or other public accommodations
facility; or
(C) operated by the Federal Government (or by a
concessionaire on behalf of the Federal Government) for the
benefit of members of the Armed Forces and their dependents or
employees of any department or agency and their dependents.
(3) Enforcement.--Violation of paragraph (1) shall be
considered to be a violation of section 19(a)(1) of the Consumer
Product Safety Act (15 U.S.C. 2068(a)(1)) and may also be enforced
under section 17 of that Act (15 U.S.C. 2066).
SEC. 1405. STATE SWIMMING POOL SAFETY GRANT PROGRAM.
(a) In General.--Subject to the availability of appropriations
authorized by subsection (e), the Commission shall establish a grant
program to provide assistance to eligible States.
(b) Eligibility.--To be eligible for a grant under the program, a
State shall--
(1) demonstrate to the satisfaction of the Commission that it
has a State statute, or that, after the date of enactment of this
title, it has enacted a statute, or amended an existing statute,
and provides for the enforcement of, a law that--
(A) except as provided in section 1406(a)(1)(A)(i), applies
to all swimming pools in the State; and
(B) meets the minimum State law requirements of section
1406; and
(2) submit an application to the Commission at such time, in
such form, and containing such additional information as the
Commission may require.
(c) Amount of Grant.--The Commission shall determine the amount of
a grant awarded under this title, and shall consider--
(1) the population and relative enforcement needs of each
qualifying State; and
(2) allocation of grant funds in a manner designed to provide
the maximum benefit from the program in terms of protecting
children from drowning or entrapment, and, in making that
allocation, shall give priority to States that have not received a
grant under this title in a preceding fiscal year.
(d) Use of Grant Funds.--A State receiving a grant under this
section shall use--
(1) at least 50 percent of amounts made available to hire and
train enforcement personnel for implementation and enforcement of
standards under the State swimming pool and spa safety law; and
(2) the remainder--
(A) to educate pool construction and installation companies
and pool service companies about the standards;
(B) to educate pool owners, pool operators, and other
members of the public about the standards under the swimming
pool and spa safety law and about the prevention of drowning or
entrapment of children using swimming pools and spas; and
(C) to defray administrative costs associated with such
training and education programs.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission for each of fiscal years 2009 and 2010
$2,000,000 to carry out this section, such sums to remain available
until expended. Any amounts appropriated pursuant to this subsection
that remain unexpended and unobligated at the end of fiscal year 2010
shall be retained by the Commission and credited to the appropriations
account that funds enforcement of the Consumer Product Safety Act.
SEC. 1406. MINIMUM STATE LAW REQUIREMENTS.
(a) In General.--
(1) Safety standards.--A State meets the minimum State law
requirements of this section if--
(A) the State requires by statute--
(i) the enclosure of all outdoor residential pools and
spas by barriers to entry that will effectively prevent
small children from gaining unsupervised and unfettered
access to the pool or spa;
(ii) that all pools and spas be equipped with devices
and systems designed to prevent entrapment by pool or spa
drains;
(iii) that pools and spas built more than 1 year after
the date of the enactment of such statute have--
(I) more than 1 drain;
(II) 1 or more unblockable drains; or
(III) no main drain;
(iv) every swimming pool and spa that has a main drain,
other than an unblockable drain, be equipped with a drain
cover that meets the consumer product safety standard
established by section 1404; and
(v) that periodic notification is provided to owners of
residential swimming pools or spas about compliance with
the entrapment protection standards of the ASME/ANSI
A112.19.8 performance standard, or any successor standard;
and
(B) the State meets such additional State law requirements
for pools and spas as the Commission may establish after public
notice and a 30-day public comment period.
(2) No liability inference associated with state notification
requirement.--The minimum State law notification requirement under
paragraph (1)(A)(v) shall not be construed to imply any liability
on the part of a State related to that requirement.
(3) Use of minimum state law requirements.--The Commission--
(A) shall use the minimum State law requirements under
paragraph (1) solely for the purpose of determining the
eligibility of a State for a grant under section 1405 of this
Act; and
(B) may not enforce any requirement under paragraph (1)
except for the purpose of determining the eligibility of a
State for a grant under section 1405 of this Act.
(4) Requirements to reflect national performance standards and
commission guidelines.--In establishing minimum State law
requirements under paragraph (1), the Commission shall--
(A) consider current or revised national performance
standards on pool and spa barrier protection and entrapment
prevention; and
(B) ensure that any such requirements are consistent with
the guidelines contained in the Commission's publication 362,
entitled ``Safety Barrier Guidelines for Home Pools'', the
Commission's publication entitled ``Guidelines for Entrapment
Hazards: Making Pools and Spas Safer'', and any other pool
safety guidelines established by the Commission.
(b) Standards.--Nothing in this section prevents the Commission
from promulgating standards regulating pool and spa safety or from
relying on an applicable national performance standard.
(c) Basic Access-Related Safety Devices and Equipment Requirements
To Be Considered.--In establishing minimum State law requirements for
swimming pools and spas under subsection (a)(1), the Commission shall
consider the following requirements:
(1) Covers.--A safety pool cover.
(2) Gates.--A gate with direct access to the swimming pool or
spa that is equipped with a self-closing, self-latching device.
(3) Doors.--Any door with direct access to the swimming pool or
spa that is equipped with an audible alert device or alarm which
sounds when the door is opened.
(4) Pool alarm.--A device designed to provide rapid detection
of an entry into the water of a swimming pool or spa.
(d) Entrapment, Entanglement, and Evisceration Prevention Standards
To Be Required.--
(1) In general.--In establishing additional minimum State law
requirements for swimming pools and spas under subsection (a)(1),
the Commission shall require, at a minimum, 1 or more of the
following (except for pools constructed without a single main
drain):
(A) Safety vacuum release system.--A safety vacuum release
system which ceases operation of the pump, reverses the
circulation flow, or otherwise provides a vacuum release at a
suction outlet when a blockage is detected, that has been
tested by an independent third party and found to conform to
ASME/ANSI standard A112.19.17 or ASTM standard F2387, or any
successor standard.
(B) Suction-limiting vent system.--A suction-limiting vent
system with a tamper-resistant atmospheric opening.
(C) Gravity drainage system.--A gravity drainage system
that utilizes a collector tank.
(D) Automatic pump shut-off system.--An automatic pump
shut-off system.
(E) Drain disablement.--A device or system that disables
the drain.
(F) Other systems.--Any other system determined by the
Commission to be equally effective as, or better than, the
systems described in subparagraphs (A) through (E) of this
paragraph at preventing or eliminating the risk of injury or
death associated with pool drainage systems.
(2) Applicable standards.--Any device or system described in
subparagraphs (B) through (E) of paragraph (1) shall meet the
requirements of any ASME/ANSI or ASTM performance standard if there
is such a standard for such a device or system, or any applicable
consumer product safety standard.
SEC. 1407. EDUCATION PROGRAM.
(a) In General.--The Commission shall establish and carry out an
education program to inform the public of methods to prevent drowning
and entrapment in swimming pools and spas. In carrying out the program,
the Commission shall develop--
(1) educational materials designed for pool manufacturers, pool
service companies, and pool supply retail outlets;
(2) educational materials designed for pool owners and
operators; and
(3) a national media campaign to promote awareness of pool and
spa safety.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission for each of the fiscal years 2008
through 2012 $5,000,000 to carry out the education program authorized
by subsection (a).
SEC. 1408. CPSC REPORT.
Not later than 1 year after the last day of each fiscal year for
which grants are made under section 1405, the Commission shall submit
to Congress a report evaluating the implementation of the grant program
authorized by that section.
TITLE XV--REVENUE PROVISIONS
SEC. 1500. AMENDMENT OF 1986 CODE.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Internal Revenue Code of
1986.
SEC. 1501. EXTENSION OF ADDITIONAL 0.2 PERCENT FUTA SURTAX.
(a) In General.--Section 3301 (relating to rate of tax) is
amended--
(1) by striking ``2007'' in paragraph (1) and inserting
``2008'', and
(2) by striking ``2008'' in paragraph (2) and inserting
``2009''.
(b) Effective Date.--The amendments made by this section shall
apply to wages paid after December 31, 2007.
SEC. 1502. 7-YEAR AMORTIZATION OF GEOLOGICAL AND GEOPHYSICAL
EXPENDITURES FOR CERTAIN MAJOR INTEGRATED OIL COMPANIES.
(a) In General.--Subparagraph (A) of section 167(h)(5) (relating to
special rule for major integrated oil companies) is amended by striking
``5-year'' and inserting ``7-year''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred after the date of the enactment of this
Act.
TITLE XVI--EFFECTIVE DATE
SEC. 1601. EFFECTIVE DATE.
This Act and the amendments made by this Act take effect on the
date that is 1 day after the date of enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.